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Constitutional Law Guide Questions

The document outlines a series of guide questions related to constitutional law and principles in the Philippines, covering topics such as the Preamble's role, the nature of the democratic state, military authority during war, religious exemptions from military service, and the separation of church and state. It also addresses specific cases like the Ochoa case and the implications of the RH Law, as well as adherence to international law and the incorporation clause. The questions aim to provoke critical thinking about the legal framework and its application in various scenarios.

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pomyles15
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11 views13 pages

Constitutional Law Guide Questions

The document outlines a series of guide questions related to constitutional law and principles in the Philippines, covering topics such as the Preamble's role, the nature of the democratic state, military authority during war, religious exemptions from military service, and the separation of church and state. It also addresses specific cases like the Ochoa case and the implications of the RH Law, as well as adherence to international law and the incorporation clause. The questions aim to provoke critical thinking about the legal framework and its application in various scenarios.

Uploaded by

pomyles15
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

GUIDE QUESTIONS MODULE 2

(Part 2)
Aside from the standard guide in case
analysis/digesting (Reference, Facts,
Issues, Rulings)
General Principles and State policies

1.) Is the Preamble a source of a right? Explain.

2.) What is meant by the declaration that the


Philippines is a democratic state? Cite 2-3
constitutional provisions that demonstrate this
“democratic” nature of our system of
government.
3.) In case of war, is it constitutionally
permissible to make the military supreme over
the civilian government because of necessity?
Why?

4.) Can we refuse the demand of the State, by


law, to render military service by reason of
religion or political beliefs, like for example, we
don’t support a war declared by the State?
5.) Distinguish de jure govt from de facto?

• What is meant by Parens Patriae? (Soriano case)


• What is meant by sovereignty as an element of a
State?
• Why was the proposed Bangsamoro Juridical
Entity considered a state within a State? Why
was it declared unconstitutional?
6.) How is this principle of separation of church and
state demonstrated in our constitutional provisions?
Cite 2-3 provisions.

7.) What is meant by strict neutrality and


benevolent accommodation in the context of
separation of church and state?

▪ Can we be compelled to make the salute to our Flag


if it is against our religion? Explain. (Ebralinag case)
▪ Can our brother Muslims who practice polygamy be
charged under the Revised Penal Code which
punishes bigamy? Why is it allowed as a practice?
(benevolent accommodation)
8.) Cite 3 major issues raised in the Ochoa
case?

 How did the State use the defense of


political question in the Ochoa case? Do you
agree? Explain.
Is the promotion of contraceptive pills
tantamount to promoting abortion? When
does life begin? Why was the Catholic
church against the RH policy?
How did the Supreme Court resolve this issue?

Is the RH Law violative of the right to health of the


people considering that it allows the distribution of
pills which may be harmful? Explain.

Why did the Supreme Court declare unconstitutional


a provision in the RH law that allows a woman to
avail of reproductive health services (for example,
ligation) without the consent of her husband?
9.) Is it our absolute policy to ban nuclear
weapons in our territory?

Should China invade Luzon, will it be


constitutional permissible to allow the
importation and use of nuclear weapons?
Explain
10.) What do you understand of the Freedom of
Information policy?

Can we demand the current health records


of President Duterte invoking Section 28 of
Article II?
How about the school record of your
classmates in College?
Adherence to International law
(Section 2, Article 2)

1.) What is meant by the Incorporation Clause?

• What is the legal basis for it?

• Do we need to make a legislation in order to


make generally accepted principles international
law effective in our jurisdiction? (Kuroda case)
Explain.
2.) How was the doctrine of transformation
demonstrated in the Lantion and Puruganan
cases?
3.) How about the theory of auto-limitation?

In the Tanada case, why was there an


allegation that the GATT/WTO treaty that
the Philippines signed is violative of the
constitution?

How did the Supreme Court decide on the


challenge applying the principle of auto-
limitation?
4.) Do you think this theory of auto-limitation
was relevant in the Magallona case? How?

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