Political Law REVIEWER PART 1

How is the Bill of Rights strengthened in
the 1987 Constitution?

The framers of the 1987 Constitution
and the people who ratified it made sure that
provisions institutionalizing people power were
incorporated in the fundamental law, Briefly
discuss at least two such provisions.

Is the concept of People Power
recognized in the Constitution? Discuss briefly.
(3%)

Is "people power" recognized by the
1987 Constitution? Explain fully.

BNN Republic has a defense treaty with
EVA Federation. According to the Republic's
Secretary of Defense, the treaty allows
temporary basing of friendly foreign troops in
case of training exercises for the war on
terrorism. The Majority Leader of the Senate
contends that whether temporary or not, the
basing of foreign troops however friendly is
prohibited by the Constitution of BNN which
provides that, "No foreign military bases shall
be allowed in BNN territory."
In case there is indeed an irreconcilable conflict
between a provision of the treaty and a
provision of the Constitution, in a jurisdiction
and legal system like ours, which should
prevail: the provision of the treaty or of the
Constitution? Why? Explain with reasons,
briefly. (5%)

1. a) What is the principal identifying feature
of a presidential form of government? Explain.
(2.5%)b) What are the essential characteristics of a
parliamentary form of government? (2.5%)

What do you understand by the
archipelagic doctrine? Is this reflected in the
1987 Constitution?

Distinguish: The contiguous zone and
the exclusive economic zone.

In the desire to improve the fishing
methods of the fishermen, the Bureau of
Fisheries, with the approval of the President,
entered into a memorandum of agreement to
allow Thai fishermen to fish within 200 miles
from the Philippine sea coasts on the condition
that Filipino fishermen be allowed to use Thai
fishing equipment and vessels, and to learn
modern technology in fishing and canning.
1) Is the agreement valid?

Enumerate the rights of the coastal state
in the exclusive economic zone. (3%)

Distinguish: The flag state and the flag
of convenience.

A law was passed dividing the
Philippines into three regions (Luzon, Visayas,
and Mindanao), each constituting an
independent state except on matters of foreign
relations, national defense and national
taxation, which are vested in the Central
government. Is the law valid? Explain.

Distinguish: The territorial sea and the
internal waters of the Philippines.

Article II. Section 3, of the 1987
Constitution expresses, in part, that the "Armed
Forces of the Philippines is the protector of the
people and (of) the State." Describe briefly what
this provision means. Is the Philippine National
Police covered by the same mandate?

What do you understand by the "Doctrine
of Incorporation" in Constitutional Law?