Preliminary Examination ELS EAP 412

This is used as a guide in ascertaining legislative intent when the language of the act does not clearly express its purpose.

• Title of the statute

• Preamble

• Enacting Clause

• Separability Clause

In case of discrepancy or conflict between the basic law and the regulations issued to implement it,

• the latter prevails over the former

• the former prevails over the latter

• neither prevails

• both prevails

This is the smallest legislative body.

• Sangguniang barangay

• Senate

• Sangguniang bayan

• Lupong tagapamayapa

To declare a law unconstitutional, the repugnancy of the law to the Constitution must be

• presumed and admitted

• clear and unequivocal

• void and vague

• present danger rule

Trial courts have jurisdiction to initially decide the issue of constitutionality of a law in appropriate cases.

• False

• True

For a taxpayers suit to prosper the following should be established, except:

• It should be established that public funds have been disbursed in alleged contravention of the law or the constitution, or in preventing the illegal expenditure of money raised by taxation.

• He will sustain a direct injury as a result of the enforcement of the questioned statute.

• He has suffered some actual or threatened injury as a result of the allegedly illegal conduct of government.

The Supreme Court may take cognizance of a suit does not satisfy the requirements of legal standing; the Court has adopted a liberal attitude on the locus stand of a petitioner where the petitioner is able to craft an issue of - - to the people or paramount importance to the public.

• Transcendental significance

• Taxpayers suit

• Locus standi

• Incidental importance

The question of validity of constitutionality of a law may be raised in criminal cases --

• where it appears clearly that a determination of the question is necessary.

• at any stage of the proceedings.

• in a motion for reconsideration or new trial.

• when there is no involvement of the counsel.

A statute may be declared unconstitutional in the following circumstances, except:

• it is not within legislative power to enact.

• or it creates or establishes methods or forms that infringe constitutional principles.

• it's purpose or effect violates the constitution.

• it is not within the executive power to enact.

An unconstitutional law confers no right, is not a law, imposes no duties, affords no protection; in legal contemplation, it is inoperative, as if it had not been passed.

• Orthodox view

• Modern view

• Conservative view

• none of the choices