Law Dictionary

Question B.14, Political Law, 2019 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question B.14, Political Law, 2019 Bar Exam

A proposal to change a provision of the 1987 Constitution has been put forth as follows:

Original Text: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them”

Proposed text: “The Philippines is a democratic and socialist State. Sovereignty resides in the party and all government authority emanates from it.”

(a) Is this an amendment or revision? Explain. (2.5%)

(b) Briefly explain the process to revise the 1987 Constitution. (2.5%)

Suggested Answer:

(a) It is a revision since it will result in a change of the basic principles of Government from a republican State to a socialist State. Under jurisprudence, revision broadly implies a change that alters a basic principle in the constitution. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution

(b) The following is the procedure for amending or revising the Constitution:

1) Proposal for amendment or revision; and,

2) Ratification via plebiscite.

For the proposal for any revision of the Constitution, it may be proposed by:

1) The Congress, upon a vote of three-fourths of all its Members;

2) A constitutional convention; or

3) People’s initiative. (Section 1 and 2, Article XVII, 1987 Constitution)

For the plebiscite, any revision of the Constitution to be ratified requires a majority of the votes cast.

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

Suggested Answers

Question A.1, Labor Law, 2019 Bar Exam

Define, explain or distinguish the following terms: (a) Just and authorized causes (2%) (b) Seasonal and project employees (2%) (c) Strikes and lockouts (2%) (d)

Question IV, Civil Law, 2018 Bar Exam

Severino died intestate, survived by his wife Saturnina, and legitimate children Soler, Sulpicio, Segundo and the twins Sandro and Sandra. At the time of his

Question IV, Civil Law, 2017 Bar Exam

(a) Distinguish antichresis from usufruct? (3%) (b) Distinguish commodatum from mutuum. (3%) Suggested Answer: (a) By the contract of antichresis the creditor acquires the right

Top Read

Question XIII, Civil Law, 2018 Bar Exam

Sonny Inc., (SI) purchased several heavy machineries from Single Equipment Philippines, Inc. (SEP) for PhP 10 million, payable in 36 monthly installments. A chattel mortgage

Video Lessons

Legal Maxims

salus populi est suprema lex

Latin maxim. • “the welfare of the people is the supreme law” (Southern Luzon Drug Corporation v. DSWD, En Banc, G.R. No. 199669, April 25,

Read more


You cannot copy content of this page