2014 (Political Law) Bar Exam Questions: Question 1

[Answer/discuss the question below. Or see 2014 bar exam Political Law Instructions; 2014 Political Law Questions: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

I.

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, were cool to 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 more than the required three-fourths vote of Congress has been obtained. The 14 Senators who voted against the proposals claim that the proposals needed not three-fourths vote of the entire Congress but each house. Since the required number of votes in the Senate was not obtained, then there could be no valid proposals, so argued the Senators. Were the proposals validly adopted by Congress? (5%)

11 comments

  1. There is no settled opinion regarding this question. Law professors are still in debate whether it should be the entire Congress or separately. (as to the 3/4 votes of all the members of Congress in a constituent assembly) The examinee will be given full points depending on his / her argument.

  2. wala pa ngang settled opinion dahil hindi pa naman nagco-convene as Constituent Assembly ang Congress hindi ba?

    but still the Senate and the HoR which comprises the Congress are separate but equal Houses.

    in a constituent assembly, they propose amendments or revisions to the Constitution in their respective capacity as congressmen (district and party-list representatives) and senators.

    and common sense dictates that if we will disregard that distinction, the congressmen, by virtue of their sheer number alone, will instantly dominate the senators in any votation.

    so 3/4 votes of all members of Congress VOTING SEPARATELY appears more logical in this issue.

  3. The point is there is no standard answer the examinees will be given full points depending on how they argue their answers.
    It does not mean that if others claim that it should be the entire congress their answers are wrong, illogical and without common sense.
    People can defend their answers either way and still be right.

    Good Luck Bartakers konti nalang. Isipin niyo masarap mag oath taking.

  4. hindi ko naman sinasabing yung sagot ko yung tama. i just substantiated my answer with logic. kung hindi ninyo feel, so be it. hindi ko naman ikakamatay yang pag-unlike ninyo sa explanation ko. yun lang.

  5. voting separately means each house of congress. statutor construction, when the law is clear and unambiguous, there is no need 4 interpretation and construction but only application…

  6. No need for Constitutional amendment because under the CONSTITUTION members of HR shall be COMPOSED OF NOT MORE THAN 250 except as otherwise provided by LAW. That is why the Congress did not adopt a valid measure. sec 5. ART 6 LEGISLATIVE DEPARTMENT OF THE 1987 CONSTITUTION.

  7. The proposals were not validly adopted.
    An amendment proposed by Congress must be approved by at least ¾ votes of the members of the Senate and of the House of Representatives voting separately. It is inherent in a bicameral legislature for two houses to vote separately. In this case, since the required number of votes in the Senate was not obtained, the proposals could not validly made.

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