Reviewer quiz on political law (Part 1)
1. XXX went to the Supreme Court to declare unconstitutional the Family Code provision requiring marriage between opposite sexes only. Being homosexual, XXX believes that same-sex marriage should be allowed, considering his pending application for marriage license with his boyfriend YYY. The petition is grounded on the sole ground that, under the Preamble of the 1987 Constitution, "love" and "equality" are mandated. Therefore, equal rights for non-straight people to marry should be allowed. Decide.
2. Under the Philippine baselines law (RA 9522), the outermost points of the outermost islands shall be connected with imaginary straight lines in order to create the baselines of the country. Does this baseline method coincide with the doctrine of internal waters under the 1987 Constitution? Explain why.
3. AAA won the election in the City of BBB as City Mayor. However, he is a dual citizen; the Local Government Code disqualifies dual citizens from local elective office. The COMELEC attempts to disqualify AAA but AAA argues that, since he won the election, the people have spoken. The voice of the people is the supreme law. Also, AAA cites the Constitution which says: "Sovereignty resides in the people and all government authority emanates from them."
4. Does the Philippines renounces all kinds of war? Explain.
5. Can a treaty repeal a statute?
6. The LTO has issued a regulation requiring cars to have early warning devices. Non-compliance may result in penalties. However, there is no statute allowing LTO to impose such requirement. Is the regulation valid? Explain.
7. The City Court of New York City sent a letter to the Regional Trial Court (RTC) of Cauayan City, Isabela, requesting the taking of the testimony of a witness who resides in Isabela. This is in relation to a case pending in the City Court for collection of sum of money. The RTC judge refused to grant the request saying that Philippine courts are not bound by the laws, rules and processes of a foreign court. Was the RTC judge correct? Explain.
8. "Civilian authority is, at all times, supreme over the military." Does this mean civilians can always disregard the orders of the military? Explain.
9. Because of an earthquake in DDD City, the City Hall and other government offices were destroyed. Many computers, documents and other important things were either burned and buried in the ground. 90% of LGU employees were killed by this disaster. After the earthquake, Congress passed a law requiring all males and females residing in DDD City, aged 21 to 31, to render at least eight (8) hours of service per week to help in the restoration of files and to assist in the processing of paper transactions. Is the law valid? Is it not a form of involuntary servitude which is prohibited by the Constitution? Explain.
10. Law 123 creates a 25-story building in the City of Manila. This building is called "THE ALL FAITHS BUILDING" which made of partitions in which any religion person or group can conduct their religious activities for free. There is no discrimination as to religious beliefs as long as one is there to perform religious rituals and religious activities. All utilities are paid for by the Government. Is Law 123 valid? Explain.