Constitutional Law I (Compiled Bar Exam Essay Questions & Answers For Finals)
Page 2What is the rotational scheme of appointments in the COMELEC?
The Constitution instituted a rotational plan in the appointmentto the Commission to ensure continuity in the expertise andwork of the said Commission. It is required then that for the firstCommissioners first appointed, three shall hold office for sevenyears, three for five years, and the last three for three years.
What are the two conditions for its workability?
The operation of the rotational plan requires two conditions,both indispensable to its workability: (1) that the terms of thefirst Commissioners (including the Chairman) should start on acommon date, and (2) that any vacancy due to death, resignationor disability before the expiration of the term should only befilled for the unexpired balance of the term (Republic v. Imperial,96 Phil. 770, 1955).
To what other constitutional offices does the rotational scheme of appointments apply?
The Civil Service Commission and Commission on Audit AREsubject to rotational scheme of Appointments.
Warlito, a natural-born Filipino, took up permanent residence inthe United States, and eventually acquired American citizenship.He then married Shirley, an American, and sired three children. InAugust 2009, Warlito decided to visit the Philippines with his wifeand children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa,17.While in the Philippines, a friend informed him that he couldreacquire Philippine citizenship without necessarily losing U.S.nationality. Thus, he took the oath of allegiance required underR.A. 9225.
Having reacquired Philippine citizenship, is Warlito anatural-born or a naturalized Filipino citizen today?Explain your answer.
Warlito is a natural-born Filipino citizen. In a case(Parreño v. Commission on Audit), the Supreme Courtstated that one who reacquires his Filipino citizenshiprecovers his natural-born citizenship.
With Warlito having regained Philippine citizenship, willShirley also become a Filipino citizen? If so, why? If not,what would be the most speedy procedure for Shirley toacquire Philippine citizenship? Explain.
NO, Shirley did not automatically become a Filipino
citizen upon Warlito’s reacquisition of his Filipino
citizenship. Since Warlito is deemed not to have lost hisPhilippine citizenship, under Commonwealth Act 473,Shirley may resort to administrative proceedings beforethe immigration authorities only instead of filing a judicial action for naturalization. In such administrativeproceedings, she will only have to show that she is notlaboring under any of the disqualifications prescribedby the law.
Do the children --- Johnny, Warlito Jr., and Luisa ---become Filipino citizens with their father's reacquisitionof Philippine citizenship? Explain your answer.
Only Luisa will ipso facto acquire Philippine citizenshipof his father upon the latter's taking of oath of allegiance.
With Warlito’s re
acquisition of Philippinecitizenship, his children became Filipino citizen ipso jureprovided that they are unmarried and below 18 yearsof age. RA 9225 provides for derivative citizenshipwhere the unmarried child (whether legitimate,illegitimate or adopted) below 18 years of age of onewho re-acquires Philippine citizenship shall be deemedcitizen of the Philippines.
Governor Diy was serving his third term when he lost hisgovernorship in a recall election.A. Who shall succeed Governor Diy in his office as Governor?
The candidate who received the highest number of votes castduring the election on recall.
B. Can Governor Diy run again as governor in the next election?
Yes, he can because he did not fully serve his third term asgovernor owing to his loss in the recall election. Such loss in therecall election amounts to involuntary severance from officewhich is an exception to the 3-term limit rule.
C. Can Governor Diy refuse to run in the recall election and insteadresign from his position as governor?
No. Under the law, in a recall election, the incumbent is anautomatic candidate for the position which he holds. If GovernorDiy will be allowed to resign, there is no recall to hold butinstead an ordinary succession of office should take place.
Maximino, an employee of the Department of Education, isadministratively charged with dishonesty and gross misconduct.During the formal investigation of the charges, the Secretary of Education preventively suspended him for a period of sixty (60)days. On the 60th day of the preventive suspension, the Secretaryrendered a verdict, finding Maximino guilty, and ordered hisimmediate dismissal from the service.Maximino appealed to the Civil Service Commission (CSC), whichaffirmed the Secretary's decision. Maximino then elevated thematter to the Court of Appeals (CA). The CA reversed the CSCdecision, exonerating Maximino. The Secretary of Education thenpetitions the Supreme Court (SC) for the review of the CA decision.
Is the Secretary of Education a proper party to seek thereview of the CA decision exonerating Maximino?Reasons.