FAR EASTERN UNIVERSITY

STATUTORY CONSTRUCTION

October 14, 2017 10:00 AM 12:00 NN.

INSTRUCTIONS

1. This Questionnaire contains four (4) pages. Check the number of pages and make sure it
has the correct number of pages and their proper numbers. All the items have to be answered
within two (2) hours. You may write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Examination Notebook in
the same order the questions are posed. Write your answers only on the front of every sheet
in your Notebook. If not sufficient then start with the back page of the first sheet and
thereafter. Note well the allocated percentage points for each number, question, or sub-
question. In your answers, use the numbering system in the questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate
page. An answer to a sub-question under the same number may be written continuously on
the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws
and jurisprudence, and arrive at a sound or logical conclusion. A mere "Yes" or "No" answer
without any corresponding explanation or discussion will not be given full credit. You do not
need to re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous notes or distinctive markings on
your Notebook that can serve as an identifying mark (such as names that are not in the given
questions, prayers, or private notes to the Examiner).

Writing, leaving, or making any distinguishing or identifying mark in the exam Notebook is
considered cheating.

RETURN THIS QUESTIONNAIRE AFTER THE EXAMS.

ATTY. GIDEON V. PEA

Lecturer

I.

What is the principal identifying feature of a presidential form of government? Explain. (5

pts.)

II.

The District Engineer of Mandaluyong issued and duly published an Invitation to Bid dated
June 11, 2015. Frodo, doing business under the name and style The Shire Construction and
Construction Supply, was pre-qualified together with two other contractors. Since Frodo
submitted the lowest bid, he was awarded the contract for the concreting
of Sitio 5 Bahay Pangarap. On November 4, 2016, a Contract Agreement was executed by
Frodo and the Department of Public Works and Highways (DPWH). On December 7, 2016,
the District Engineer issued a Notice to Proceed with the concreting
of Sitio 5 Bahay Pangarap. Accordingly, Frodo undertook the works, made advances for the
purchase of the materials, and payment for labor costs.
Statutory Construction First Semester 2017 2

Upon completion and acceptance of the project, Frodo sought to collect payment for the
same. The DPWH prepared the Disbursement Voucher. However, it withheld payment from
Frodo after the District Auditor of the Commission on Audit disapproved the final release of
funds on the ground that the contractors license of Frodo had expired at the time of the
execution of the contract. The Commission on Audit anchored its decision on Section 35 of
Republic Act No. 4566 which provides:

SEC. 35. Penalties. Any contractor who, for a price, commission, fee or wage, submits
or attempts to submit a bid to construct, or contracts to or undertakes to construct,
or assumes charge in a supervisory capacity of a construction work within the
purview of this Act, without first securing a license to engage in the business of
contracting in this country; or who shall present or file the license certificate of
another, give false evidence of any kind to the Board, or any member thereof in
obtaining a certificate or license, impersonate another, or use an expired or revoked
certificate or license, shall be deemed guilty of misdemeanor, and shall, upon
conviction, be sentenced to pay a fine of not less than five hundred pesos but not
more than five thousand pesos.

Was the Commission on Audit correct in disapproving the final release of funds to Frodo? (10
pts.)

III.

Judicial power, as defined in Sec. 1, 2nd par., Art. VIII, 1987 Constitution, now "includes the
duty of the Courts of Justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government." This definition is said to have expanded the power of the
judiciary to include political questions formerly beyond its jurisdiction.

1. Do you agree with an interpretation of the constitutional definition of judicial power

that would authorize the courts to review and, if warranted, reverse the exercise of
discretion by the political departments (executive and legislative) of the government?
Discuss fully. (6 pts.)

2. In your opinion, how should such definition be construed so as not to erode

considerably or disregard entirely the existing "political question" doctrine? Discuss
fully. (6 pts.)

IV.

With the passage of time, the members of the House of Representatives increased with the
creation of new legislative districts and the corresponding adjustments in the number of
party-list representatives. At a time when the House membership was already 290, a great
number of the members decided that it was time to propose amendments to the Constitution.
The Senators, however, rejected the idea. But the members of the House insisted. They
accordingly convened Congress into a constituent assembly in spite of the opposition of the
majority of the members of the Senate. When the votes were counted, 275 members of the
House of Representatives approved the proposed amendments. Only 10 Senators supported
such proposals. The proponents now claim that the proposals were validly made since it
complied with Sec. 1, Article XVII, 1987 Constitution which provides that [a]ny amendment
to, or revision of, this Constitution may be proposed by (1) [t]he Congress, upon a vote of three-
fourths of all its Members; or (2) [a] constitutional convention.

Were the proposals validly adopted by Congress? (10 pts.)

Statutory Construction First Semester 2017 3

V.

What are the two accepted tests to determine whether there is a valid delegation of legislative
power? Explain each. (6 pts.)

VI.

Sansa called for the suspension or expulsion of Ramsay for gross immorality. In a speech
before the student disciplinary committee, Sansa presented photos of Ramsay texting, which
were taken by John during the students general assembly. Zoomed-in photos showed
Ramsays exchange of text messages with a certain Theon. Theons message read: Mukhang
ang sarap ni Sansa. Ramsay replied: Sabi ko sayo pare. Kaya nga dapat tirahin natin sya.

Ramsay later filed a criminal complaint against Sansa for her alleged violation of Republic Act
No. 4200 or An Act to Prohibit and Penalize Wire Tapping and other Related Violations of the
Privacy of Communication, and for Other Purposes. In particular, Ramsay anchored his
criminal complaint on Sec. 1 of the said law which provides:

Section 1. It shall be unlawful for any person, not being authorized by all the parties
to any private communication or spoken word, to tap any wire or cable, or by using
any other device or arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as a dictaphone
or dictagraph or detectaphone or walkie-talkie or tape recorder, or however
otherwise described.

It shall also be unlawful for any person, be he a participant or not in the act or acts
penalized in the next preceding sentence, to knowingly possess any tape record, wire
record, disc record, or any other such record, or copies thereof, of any
communication or spoken word secured either before or after the effective date of
this Act in the manner prohibited by this law; or to replay the same for any other
person or persons; or to communicate the contents thereof, either verbally or in
writing, or to furnish transcriptions thereof, whether complete or partial, to any
other person: Provided, That the use of such record or any copies thereof as evidence
in any civil, criminal investigation or trial of offenses mentioned in Sec. 3 hereof, shall
not be covered by this prohibition.

Can Sansa be held criminally liable for violation of Sec. 1 of Republic Act No. 4200? (10 pts.)

VII.

Sometime in the afternoon of April 2016, Frank approached his 8-year old daughter, Rebecca,
and dragged her inside a room. Before Rebecca could question her father, Frank immediately
removed her panty and made her lie on the floor. Frank then removed his underwear, placed
himself on top of Rebecca and inserted his penis into Rebecca's organ causing her to suffer
intense pain. While Frank was pumping on her, he uttered: Masarap ba, masarap ba? to
which Rebecca said: Tama na Papa, masakit'. Frank was later charged and arrested for the
rape of Rebecca.

Meanwhile, the 17th Congress passed on August 1, 2017 a bill denominated as an Act to
Impose the Death Penalty on Certain Heinous Crimes, amending for that purpose the Revised
Penal Code, as amended, other special penal laws, and for other purposes. Sections 11, 24-26
thereof state:

Section 11. The death penalty shall be imposed if the crime of rape is committed with
any of the following attendant circumstances:
Statutory Construction First Semester 2017 4

1. When the victim is under eighteen (18) years of age and

the offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-
law spouse of the parent of the victim xxx.

xxx..xxx..xxx

Section 24. Article 81 of the Revised Penal Code, as amended, is hereby amended to
read as follows:

"Art. 81. When and how the death penalty is to be executed. - The death
sentence shall be executed with preference to any other and shall consist
in putting the person under sentence to death by gas poisoning. The
death sentence shall be executed under the authority of the Director of
Prisons, endeavoring so far as possible to mitigate the sufferings of the
person under the sentence during electrocution as well as during the
proceedings prior to the execution.

If the person under sentence so desires, he shall be anaesthetized at the

moment of the execution.

Section 25. This Act shall have retroactive effect to all pending criminal actions.

Section 26. This Act shall take effect fifteen (15) days after its publication in two (2)
national newspapers of general circulation.

On August 21, 2017, the President signed the bill into law and its publication was thereafter
completed on August 28, 2017.

1. Assuming that there is proof beyond reasonable doubt that Frank raped Rebecca, can
the Court impose upon him the supreme penalty of death? (5pts.)

2. Would your answer be the same if the rape was committed by Frank on September 11,
2017? (5 pts.)

3. Would your answer be the same if the rape was committed by Frank on the midnight of
September 12, 2017? (5 pts.)

4. If any part of the foregoing law is held invalid or unconstitutional, will the other
provisions remain in force and effect notwithstanding the absence of a separability
clause? (10 pts.)

5. What are the requisites for judicial review? Discuss each. (12 pts.)

6. Can the Supreme Court entertain a case assailing the constitutionality of the foregoing
law even if some or most of the requisites for judicial review are not present? (5 pts.)

VIII.

Differentiate the rule-making power or the power of the Supreme Court to promulgate rules
under Section 5, Article VIII of the 1987 Constitution and judicial legislation. (5 pts.)