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No. IV. The Municipality of Pinatukdao issued for damages arising from injuries sustained by
a pedestrian who was hit by aglass pane that fell from a dilapidatedwindow frame of the
municipal hall. Themunicipality files a motion to dismiss thecomplaint, invoking state
immunity fromsuit. Resolve the motion with reasons. (3%).
SUGGESTED ANSWER:State immunity as defense will notprosper because under
the law, amunicipal corporation can be sued andbe sued as expressly provided
under thelocal government code. Furthermore,under the civil code, it can also be
heldliable for damages for the death of, orinjury suffered by, any person by
reasonof the defective condition of roads,streets, bridges, public buildings
andother public works under their control orsupervision (art. 2189).In the present
case, the municipalbuilding is under their control andsupervision, thus, no immunity
No. IV. Congress passed a law authorizingthe National Housing Authority (NHA) to
expropriate or acquire private property forthe redevelopment of slum areas, as well asto
lease or resell the property to privatedevelopers to carry out the redevelopmentplan.
Pursuant to the law, the NHAacquired all properties within a targetedbadly blighted area in
San Nicolas, Manilaexcept a well-maintained drug andconvenience store that poses no blight
orhealth problem itself. Thereafter, NHAinitiated expropriation proceedings againstthe store
owner who protested that hisproperty could not be taken because it isnot residential or slum
housing. He alsocontended that his property is beingcondemned for a private purpose, not a
public one, noting the NHAs sale of the
entire area except his property to a privateparty. If you were the judge, how would
youdecide the case? (6%).
SUGGESTED ANSWER:The power of the NHA is a delegatedpower of eminent
domain, strictlyconstrued against its holder and limitedto the public purpose of
redevelopmentof slum areas. The expropriation of aproperty already previously
excluded fornot posing a blight of health problemlacks public purpose and exceeds
thedelegated power of the NHA.
No.XVII. Filipinas Computer Corporation(FCC), a local manufacturer of computersand
computer parts, owns a sprawlingplant in a 5,000-square meter lot in Pasig
City. To remedy the citys acute housing
shortage, compounded by a burgeoningpopulation, the Sangguniang Panglungsodauthorized the
City Mayor to negotiate forthe purchase of the lot. The Sanggunianintends to subdivide the
property into smallresidential lots to be distributed at cost toqualified city residents. But FCC
refused tosell the lot. Hard pressed to find a suitableproperty to house its homeless
residents,the city filed a complaint for eminentdomain against FCC.(a) If FCC hires you as
lawyer, what defenseor defenses would you set up in order toresist the expropriation of the
The following are the defenses that I willset up:a.

No prior valid and definite offerwas madeb.

The expropriation is for socializedhousing therefore it must complywith the order
of preference ofthe land to be acquired and themode of acquisition. Under thelaw
regarding expropriation forsocialized housing, private landsis the last in line and
theexpropriation proceeding is lastresorted to if all other modes ofacquisition has
already beenexhausted.Order of expropriation for socializedhousing:1.
Government lands2.
Alienable lands of the publicdomain3.
Unregistered, abandoned or idlelands4.
Lands within the declared areasfor priority development, zonalimprovement program
sites,slum improvement andresettlement sites which havenot yet been acquired5.
BLISS sites which have not yetbeen acquired6.
Privately owned landsThe mode of expropriation is subject to2 conditions:a.
It shall be resorted to onlywhen the other modes ofacquisition have beenexhausted;
Parcels owned by smallproperty owners are exemptfrom such acquisition.
Smallproperty owners are owners ofresidential lands with an areanot more than
300 sq.m. inhighly urbanized cities andnot more than 800 sq.m. inother urban
areas; and they donot own residential propertyother than the same.
(b) If the court grants the Citys prayer for
expropriation, but the City delays paymentof the amount determined by the court
as just compensation, can FCC recover theproperty from pasig city?
SUGGESTED ANSWER:Yes. As a general rule, non-payment
of just compensation does not entitle thelandowner to recover possession of
theexpropriated lots. Instead legal intereston just compensation should be
paid(National Power Corporation vs.Henson,300 SCRA 751 [1998]). However, in
caseswhere the government failed to pay
the just compensation within 5 years fromthe FINALITY OF THE JUDGMENT in
theexpropriation proceedings, the ownersconcerned shall have the right to
recover possession of their property (Republicvs. Lim, 462 SCRA 265 [2005]).
(c) Suppose the expropriation succeeds, butthe city decides to abandon its plan tosubdivide
the property for residentialpurposes having found much bigger lot, canFCC legally demand
that it be allowed torepurchase the property from the city ofPasig? Why or why not?
It depends. The property owners right
to repurchase the property dependsupon the character of the title acquiredby the
expropriator, ie., if the land isexpropriated for a particular purposewith the condition
that when thatpurpose is ended or abandoned, theproperty shall revert to the
formerowner, then the former owner can re-acquire the property (Heirs of
TimoteoMoreno vs. Mactan-Cebu InternationalAirport Authority, 413 SCRA 502
[2003]).But if there is no such condition theowner cannot repurchase because
the judgment in the expropriation casegrants title to the lot in fee simple to

Eminent Domain; Valid and DefiniteOffer (2010)

No. XIII. a. A valid and definite offer to buya property is a pre-requisite toexpropriation
initiated by a localgovernment unit.
SUGGESTED ANSWER:TRUE. Under the Local GovernmentCode, there must be a
prior valid anddefinite offer before expropriationproceeding can be initiated
(Section 19,Local Government Code).Equal Protection; ResponsibleParenthood
No.II. The City Mayor issues an ExecutiveOrder declaring that the city promotesresponsible
parenthood and upholdsnatural family planning. He prohibits allhospitals operated by the
city fromprescribing the use of artificial methods ofcontraception, including condoms,
pills,intrauterine devices and surgicalsterilization. As a result, poor women in hiscity lost
their access to affordable familyplanning programs. Private clinics,however, continue to
render familyplanning counsel and devices to payingclients.
(a) Is the Executive Order in any wayconstitutionally infirm? Explain.
SUGGESTED ANSWER:The Executive Order is constitutionallyinfirm. Under the
1987 Constitution, theState shall defend the right of spouses to establish a family
in accordance withtheir religious convictions and thedemands of
responsible parenthood. (Art. XV, Sec. 3[1]). By upholding naturalfamily planning
and prohibiting cityhospitals from prescribing artificialmethods of contraception,
the Mayor isimposing his religious beliefs on spouseswho rely on the services of
cityhospitals. This clearly violates the abovesection of the Constitution.Moreover,
the 1987 Constitution statesthat no person shall be denied the
equalprotection of the laws. (Art.
III, Sec.1). The Constitution also provides thatthe state shall promote a just
anddynamic social order that will ensure theprosperity and independence of thenation
and free the people from povertythrough policies that
provideadequate social services, promote fullemployment, a rising standard
ofliving and an improved quality of life forall. (Art. II, Section 9). The loss of
accessof poor city women to family planningprograms is discriminatory and
createssuspect classification. It also goesagainst the demands of social justice
asenshrined in the immediately precedingprovision.ALTERNATIVE ANSWER:The
Executive Order is constitutionallyinfirm. It constitutes an invalid exerciseof
police power and violates substantivedue process by depriving people of
themeans to control their reproductiveprocesses. Moreover, since the
nationalgovernment has not outlawed the use ofartificial methods
of contraception, thenit would be against national policies. Inaddition, the Mayor
cannot issuesuch Executive Order without anunderlying ordinance. (Moday v, Court
ofAppeals, G.R. No. 107916, February 20,1997) Besides, the action of the Mayor
may be in violation of a persons right to
c) May the Commission on Human Rightsorder the Mayor to stop the implementationof
the Executive Order? Explain.
No, the power of the Commission onHuman Rights (CHR) is limited to fact-finding
investigations. Thus, it cannot
issue an order to desist against the
mayor, inasmuch as the order prescindsfrom an adjudicatory power that CHRdoes not
possess. (Simon v. Commissionon Human Rights, G.R. No. 100150,January 5,
1994; Cario v. Commissionon Human Rights, G.R. No. 96681,December 2, 1991.)

o.XVI. Nationwide protests have eruptedover rising gas prices, including
disruptivedemonstrations in many universities,throughout the country. The Metro
ManilaState University, a public university,adopted a university-wide circularprohibiting
public mass demonstrationsand rallies within the campus. Offended bythe circular, militant
students spread wordthat on the following Friday, all studentswere to wear black T-shirts as a
symbol oftheir protest both against high gas pricesand the university ban on
demonstrations. The effort was only moderately successful,with around 30% of the students
heedingthe call. Nonetheless, university officialswere outraged and compelled the
studentleaders to explain why they should not beexpelled for violating the circular
againstdemonstrations. The student leaders approached you forlegal advice. They
contended that theyshould not be expelled since they did notviolate the circular, their
protest actionbeing neither a demonstration nor a rallysince all they did was wear black Tshirts.What would you advise the students? (6%)
SUGGESTED ANSWER:The wearing of black shirts is an exerciseof freedom of
expression and notnecessarily freedom of assembly.Regardless of the distinction,
in bothcases, the Constitutional guarantyincludes freedom from prior restraintand
freedom from subsequent liability.There are three tests to determinewhether or
not there was validgovernment interference: (1) dangeroustendency rule; (2)
balancing of interesttest; and (3) clear and present dangertest. In the Philippine
jurisdiction, weadhere to the clear and present dangertest (ABS-CBN Broadcasting
Corp. vs.Comelec, G.R. No. 133486, Jan. 28,2000). This test simply means that thereis
clear and present danger of asubstantive evil which the State has theright to
prevent.Applying the clear and present dangertest, the protest conducted by
thestudents was only moderately successfuland the wearing of black shirts
wasneither tumultuous nor disruptive. Thus,the substantive evil which the
schoolauthorities were trying to suppress didnot even occur. Therefore,
theprohibition imposed by the circularviolates freedom from prior restraintwhile
the threat of expulsion by theschool authorities violates freedom fromsubsequent
No. XIV. ABC operates an industrial wasteprocessing plant within Laoag City.Occasionally,
whenever fluid substancesare released through a nearby creek,obnoxious odor is emitted causing
dizzinessamong residents in Barangay La Paz. Oncomplaint of the Punong Barangay, the
CityMayor wrote ABC demanding that it abatethe nuisance. This was ignored. Aninvitation to
attend a hearing called by theSangguniang Panlungsod was also declinedby the president of
ABC. The citygovernment thereupon issued a cease anddesist order to stop the operations of
plant,prompting ABC to file a petition forinjunction before the RTC, arguing that thecity
government did not have any power toabate the alleged nuisance. Decide withreasons.(3%)
SUGGESTED ANSWER:The city government has no power tostop the operations of the
plant. Sinceits operations is not a nuisance per se,the city government cannot abate
itextrajudicially. A suit must be filed incourt. (AC Enterprises, Inc. vs.
FrabelleProperties Corporation, 506 SCRA 625[2006]).
No.VII. Batas Pambansa 880, the PublicAssembly Law of 1985, regulates theconduct of all
protest rallies in thePhilippines.(a) Salakay, Bayan! held a protest rally andplanned to march
from Quezon City toLuneta in Manila. They received a permitfrom the Mayor of Quezon City,
but notfrom the Mayor of Manila. They were able tomarch in Quezon City and up to
theboundary separating it from the City ofManila. Three meters after crossing theboundary,
the Manila Police stopped themfor posing a danger to public safety. Wasthis a valid exercise
of police power?

Yes, the authorities are given the powerto stop marchers who do not possess
apermit. However, mere exercise of theright to peaceably assemble is
notconsidered as a danger to public safety.They could have been asked to
dispersepeacefully, but it should not altogetherbe characterized as posing a
danger topublic safety. (Bayan v. Ermita, G.R. No.169848, April 25, 2006; David v.
Arroyo,G.R. No. 171390, May 3, 2006).ALTERNATIVE ANSWER:Since the protesters
merely reachedthree meters beyond the boundary ofQuezon City, the police
authorities inManila should not have stopped them, asthere was no clear and
present danger topublic order. In accordance with thepolicy of maximum
tolerance, the policeauthorities should have asked theprotesters to disperse and
if theyrefused, the public assembly may bedispersed peacefully.
(b) The security police of the SouthernLuzon Expressway spotted a caravan of 20vehicles,
with paper banners taped on theirsides and protesting graft and corruption ingovernment.
They were driving at 50kilometers per hour in a 40-90 kilometersper hour zone. Some
banners had beenblown off by the wind, and posed a hazardto other motorists. They were
stopped bythe security police. The protesters thenproceeded to march instead,
sandwichedbetween the caravan vehicles. They werealso stopped by the security force. May
thesecurity police validly stop the vehicles andthe marchers?
SUGGESTED ANSWER:Yes, the security police may stop thevehicles and the marchers
but only toadvise the leaders to secure theirbanners so that it will not pose a
hazardto others. They may not be preventedfrom heading to their destination.
Themarchers may also be ordered to ride thevehicles so as not to
inconvenienceother uses of the Expressway.ALTERNATIVE ANSWER:Yes. While the
protesters possess theright to freely express themselves, theiractuations may
pose a safety risk toother motorists and therefore be thesubject of regulation.
The security policemay undertake measures to prevent anyhazard to other
motorists but notaltogether prevent the exercise of theright. So, to that extent,
while theprotesters maybe asked to remove thebanners which pose hazard to
othermotorists and prevent them from usingthe expressway as a venue for
theirmarch, the security force may notprevent them from proceeding to
wherethey might want to go.
No.XII.. The Mayor of San Jose Cityappointed his wife, Amelia, as
City Treasurer from among three (3) employeesof the city considered for the said
position.Prior to said promotion, Amelia had beenan Assistant City Treasurer for ten
(10) years, that is, even before she married theCity Mayor. Should the Civil
ServiceCommission approve the promotionalappointment of Amelia? Why or why not?
SUGGESTED ANSWER:The Civil Service Commission shoulddisapproved the
promotionalappointment if at the time ofappointment Amelia is already marriedto the
appointing authority, the Mayor,because it violates the rule on nepotismwhich
prohibits the appointment ofrelatives by consanguinity or affinitywithin the third
degree of the appointingauthority in public office. This is toensure that entrance
to public officeshould be based on merits and fitness.The rule on nepotism also
extends topromotional appointment.However, if at the time of appoint theMayor
and Amelia is not yet married and
thereafter married each other, thepromotional appointment should remainas
valid appointment.
No. VII. Mayor Pink is eyeing re-election inthe next mayoralty race. It was
commonknowledge in the town that Mayor Pink willrun for re-election in the coming
elections. The deadline for filing of Certificate ofCandidacy (CoC) is on March 23 and
thecampaign period commences the followingday. One month before the deadline, Pinkhas
yet to file her CoC, but she has beengoing around town giving away sacks of ricewith the
words "Mahal Tayo ni Mayor Pink"printed on them, holding public gatheringsand speaking

about how good the town isdoing, giving away pink t-shirts with "KayMayor Pink Ako" printed
on them.
(a) Mr. Green is the political opponent ofMayor Pink. In April, noticing that MayorPink had
gained advantage over himbecause of her activities before thecampaign period, he filed a
petition todisqualify Mayor Pink for engaging in anelection campaign outside the
designatedperiod.a.1. Which is the correct body to rule on thematter? Comelec en banc, or
Comelecdivision? Answer with reasons. (2%)
SUGGESTED ANSWER:It is the Commission on elections enbanc which should
decide the petition.Since it involves the exercise of theadministrative powers of
theCommission on Elections, Section 3,Article IX-C of the Constitution is
notapplicable. (Baytan vs. Commission onElections, 396 SCRA 703.)
a.2. Rule on the petition. (5%)
SUGGESTED ANSWER:The petition should be denied. UnderSection 80 of the Omnibus
ElectionCode, to be liable for prematurecampaigning he must be a
candidate.Unless he filed his certificate ofcandidacy, he is not a candidate.
(Lanotvs. Commission on Elections, 507 SCRA114.)
(b) Distinguish briefly between QuoWarranto in elective office and QuoWarranto in
appointive office. (3%)
SUGGESTED ANSWER:In quo warranto in elective office, theissue is the
ineligibility of the electedcandidate. (Section 3(e), Rule 1, Rules ofProcedure in
Election Cases.) If he isineligible, the candidate who got thesecond highest
number of votes cannotbe proclaimed elected. (Sinsuat vs.Commission on Elections,
492 SCRA264.) A voter may file a petition for quowarranto against an elected
candidate.The petition should be filed within tendays after the proclamation of
theelected candidate.In quo warranto in appointive office, theissue is the legality
of the appointment.The court will decide who betweenthe parties has the legal
title to theoffice. (Nachura, Outline Reviewer inPolitical Law, p.567.)It is the
Solicitor General, a publicprosecutor, or a person claiming to beentitled to the
public office can file apetition for quo warranto against anappointive official.
(Section 2 and 5,Rule 66 of the Rules of Court.) ThePetition should be filed within
one yearafter the cause of action accrued.(Section 11, Rule 66 of the Rules
o. XVII. During his campaign sortie inBarangay Salamanca, Mayor Galicia wasarrested at a
PNP checkpoint for carryinghigh-powered firearms in his car. He wascharged and convicted
for violation of theCOMELEC gun ban. He did not appeal hisconviction and instead
applied for executiveclemency. Acting on the favorablerecommendation of the Board of
Pardonsand Parole, the President granted himpardon. Is he eligible to run against for
anelective position?. Explain Briefly. (5%)
SUGGESTED ANSWER:Mayor Galicia can run again for anelective office but not
immediately.Under Section 40 of the LocalGovernment Code, he cannot run for
anelective office within two (2) years afterserving sentence. Under Section 12
ofthe Omnibus Election Code, he can runfor an elective national office after
theexpiration of five (5) years from hisservice of sentence. The pardon grantedto him is
invalid. The offense involved aviolation of the Omnibus Election Codeand the pardon was
granted without thefavorable recommendation of theCommission on Elections. (Section
5,Article IX-C of the Constitution).ALTERNATIVE ANSWER:No. Galicia is not eligible to
run for anelective position because the executiveclemency is not valid and
effectivebecause it was granted withconstitutional infirmity. TheConstitution
requires recommendationfrom the COMELEC before the Presidentmay grant executive
clemency foroffenses violating election laws.
No.X. The 1

Legislative District of SouthCotabato is composed of General Santosand three municipalities

includingPolomolok. During the canvassingproceedings before the District Board
ofCanvassers in connection with the 2007congressional elections, candidate MPobjected to
the certificate of canvass forPolomolok on the ground that it wasobviously manufactured,
submitting asevidence the affidavit of mayoraltycandidate of Polomolok. The Certificate
ofcanvass for General Santos was likewiseobjected to by MP on the basis of theconfirmed
report of the local NAMFREL that10 elections returns from non-existentprecincts were
included in the certificate.MP moved that the certificate of canvass forGeneral Santos be
corrected to exclude theresults from the non-existent precincts. TheDistrict Board of
Canvassers denied bothobjections and ruled to include thecertificate of canvass. May MP
appeal therulings to the COMELEC? Explain. (6%)
urisdiction over pre-proclamation cases pertains only toelections of regional,
provincial and cityofficials.(Sec. 15, RA 7166)

No pre-proclamationcases in election of national officials. Forpurposes of the

elections for President,V-President, Senator and Member of theHouse of
Representatives, no pre-proclamation cases shall be allowed onmatters relating
to the preparation,transmission, receipt, custody andappreciation of the election
returns orthe certificates of canvass, as the casemay be.
No.IX. Abdul ran and won in the May 2001,2004, and 2007 elections for Vice-Governorof
Tawi-Tawi. After being proclaimed Vice-Governor in the 2004 elections, hisopponent, Khalil,
filed an election protestbefore the Commission on Election. Rulingwith finality on the protest,
the COMELECdeclared khalil as the duly elected Vice-Governor though the decision
waspromulgated only in 2007, when Abdul hadfully served his 2004-2007 term and was
infact already on his 2007-2010 term as Vice-Governor.(a) Abdul now consults you if he can
stillrun for Vice-Governor of Tawi-Tawi in theforthcoming May 2010 election on thepremise
that he could not be considered ashaving served as Vice-Governor from 2004-2007 because
he was not duly elected tothe post, as he assumed office merely aspresumptive winner and that
presumptionwas later overturned when COMELECdecided with finality that had lost in theMay
2004 elections. What will be youradvice? (3%).
SUGGESTED ANSWER:Will advice Abdul that he can no longerrun for ViceGovernor in the forthcomingMay 2010 election because there is nointerruption of
service of his 2004-2007term. He is considered to have alreadyserved and thereof
it is counted in theconsecutiveness of his term of office.(Ong v. Alegre, Jan. 23,
(b) Abdul also consults you whether hispolitical party can validly nominate his wifeas
substitute candidate for Vice-Governor of Tawi-Tawi in May 2010 election in case
theCOMELEC disqualifies him and denies duecourse to or cancels his certificate ofcandidacy in
view of a false materialrepresentation therein. What will be youradvice? (3%)
SUGGESTED ANSWER:I will advise him that his wife can be asubstitute if his wife
is a member of thepolitical party and is certified by suchpolitical party that she is
going tosubstitute abdul as candidate for Vice-Governor and that the substitution
mustbe made within the prescribed periodprovided by law. Provided further
thathis wife is eligible to hold public officemeaning she has all the
qualificationsand none of the disqualifications.
No. XXII. Governor Diy was serving histhird term when he lost his governorship ina recall election.
(a) Who shall succeed Governor Diy in hisoffice as Governor?

The candidate who received the highestnumber of votes in the recall willsucceed
Governor Diy (Section 72 of theLocal Government Code).
(b) Can Governor Diy run again as governorin the next election?
SUGGESTED ANSWER:Yes, because recall election is aninterruption of the
consecutiveness ofthe term of office it cannot be counted.A recall election is a midway electionand the term is not completed when oneis conducted. The third term of
GovernorDiy should not be included in computingthe the=ree-term limit.
(Lonzanida vs.Commission on Elections, 311 SCRA 602[1999]).
(c) Can Governor Diy refuse to run in therecall election and instead resign from hisposition
as governor?
SUGGESTED ANSWER:Governor Diy cannot refuse to run in therecall election. He is
automaticallyconsidered as a duly registeredcandidate. (Section 71,
LocalGovernment Code).
No XI. On august 8, 2008, the Governor ofBohol died and Vice-Governor Cesarsucceeded
him by operation of law.Accordingly, Benito, the highest rankingmember of the Sangguniang
Panlalawiganwas elevated to the position of Vice-Governor. By the elevation of Benito to
theOffice of Vice-Governor, a vacancy in theSangguniang Panlalawigan was created.How
should the vacancy be filled?
SUGGESTED ANSWER:(sec. 44-46, RA 7160)The vacancy shall be filled in
thefollowing manner:1.
If Benito is affiliated with apolitical party, the vacancy in theSangguiniang
Panlalawigan shallbe filled by a nomination andcertificate of membership of
theappointee from the highestofficial of the political party.(must be filled with
someone whobelongs to the political party tomaintain the party representationas
willed by the people in theelection).2.
If Benito is not affiliated with apolitical party, the vacancy shall
be filled by the PRESIDENTthrough the executive secretary.
No.XIII.c. Boundary disputes between andamong municipalities in the same provincemay be
filed immediate with the RTC
SUGGESTED ANSWER:FALSE. Should be referred for settlementto the SANGGUNIANG
PANLALAWIGANconcerned (see. Sec. 118, RA No.7160;Municipality of Sta. Fe vs.
Municipalityof Artao, 533 SCRA 586 [2007]).
Confiscation of Drivers License; MMDA
No.XIII.d. The MMDA is authorized to
confiscate a drivers license in the
enforcement of traffic regulations.(0.5%)
SUGGESTED ANSWER:False. Since Republic Act No. 7924 doesnot grant the
Metropolitan manilaDevelopment Authority to enactordinances, the grant to it by
Section5(f) of Republic Act No. 7924 of the
power to confiscate drivers license
without the need of any other law is anauthorized exerciseALTERNATIVE ANSWER:
TRUE. The confiscation of drivers
license by MMDA is part of its executivefunction to enforce the law.Internal
Revenue Allotment Fund (2007)
No. VIII. The Provincial Governor ofBataan requested the Department ofBudget and Management (DBM)
torelease its Internal Revenue Allocation(IRA) of P100 million for the currentbudget year. However, the
GeneralAppropriations Act provided that theIRA may be released only if the provincemeets certain
conditions as determinedby an Oversight Council created by thePresident.

(a) Is this requirement valid?

SUGGESTED ANSWER:No, this requirement is not valid. Underthe 1987 Constitution, it
is provided
that local government units shall have
a just share, as determined by law, in thenational taxes which shall be
automatically released to them. As held
in the case of Alternative Center forOrganizational Reforms andDevelopment, v. Zamora, G.R. No.144256 (June 08, 2005), a basic feature
of local fiscal autonomy is the automaticrelease of the shares of LGUs in
thenational internal revenue. The LocalGovernment Code specifies further thatthe
release shall be made directly to theLGU concerned within five (5) days after
every quarter of the year and shall not
be subject to any lien or holdback thatmay be imposed by the national
government for whatever purpose.
(b) The Provincial Governor is a party-mateof the President. May the BataanRepresentative
instead file a petition tocompel the DBM to release the funds?
SUGGESTED ANSWER:Yes. A congressman from a particularLGU may validly have
standing todemand that IRA for his province bereleased in accordance with
theConstitution and the Local GovernmentCode. As a representative of
hisprovince, he has a responsibility towardshis constituencies who can expect noless
than faithful compliance with theConstitution. Moreover, the issuepresented
could be characterized asinvolving transcendental importance tothe people and the local
governmentunits which had been guaranteed greaterlocal autonomy.Municipal
Corporation; De facto vs.Estoppel (2010)
No.XX Define/Explain(b) De facto municipal corporation

De facto municipal corporation is apublic corporation that exists althoughit has

not complied with the statutoryrequirements like:a.
Authorization by a valid lawb.
A colorable and bona fide attempt toorganize under a valid lawc.
An assumption of powers conferredunder the lawIt primarily attends to the needs
of thegeneral welfare.
(c) Municipal corporation by estoppels
byestoppels is a corporation which is sodefectively formed as not to be a defacto
corporation but is considered acorporation in relation to someone whodealt with it and
acquiesced in itsexercise of its corporate functions orentered into a contract with
it. (Martin,Public Corporations, 1985 ed.,p.20)Ordinance Validity; Disapproval
No. III. The Municipality of Bulalakaw,Leyte, passed ordinance no. 1234,authorizing the
expropriation of two parcelsof land situated in the poblacion as the site
of a freedom park, and appropriating thefunds needed therefor. Upon review,
theSangguniang Panlalawigan of Leytedisapproved the ordinance because themunicipality
has an existing freedom parkwhich, though smaller in size, is stillsuitable for the purpose, and to
pursueexpropriation would be needless
expenditure of the peoples money. Is the
disapproval of the ordinance correct?Explain you answer. (2%).

The Local Government Unit can exercisethe power of eminent domain

onlypursuant to an ordinance. Ordinancespassed by legislative body of amunicipality
are subject to review by theSangguniang Panlalawigan. The reviewby the SP is
only to determine whetheror not the ordinance is beyond the powerconferred
upon the Sanguniang Bayan(Municipality). The SP will declare theordinance invalid
if it goes beyond thepower granted to it.The power of eminent domain is grantedto
the Municipality and it is within theircompetence to determine the necessityto
expropriate private property for publicpurpose. This determination is notwithin
the review powers of the SP.Therefore, the disapproval of theordinance is
incorrect.Ordinance Validity; Regulation of DiscoPubs (2010)
No. XXI The Sangguniang Panlungsod ofPasay City passed an ordinance requiringall disco
pub owners to have all theirhospitality girls tested for the AIDS virus.Both disco pub owners
and the hosptitalitygirls assailed the validity of the ordinancefor being violative of their
constitutionalrights to privacy and to freely choose acalling or business. Is the ordinance
SUGGESTED ANSWER:The ordinance is a valid exercise ofpolice power. The right
to privacy yieldsto certain paramount rights of the publicand defers to the
exercise of policepower. The ordinance is not prohibitingthe disco pub owners and
the hospitalitygirls from pursuing their calling orbusiness but is merely regulating
it.(Social Justice Society vs. DangerousDrugs Board, 570 SCRA 410 [2008]).
Thisordinance is a valid exercise of policepower, because its purpose is
tosafeguard public health. (Beltran vs.Secretary of Health, 476 SCRA 168[2005]).
No.XIII.b. Re-classification of land by a localgovernment unit may be done through
SUGGESTED ANSWER:FALSE. Re-classification of land must bedone through an
ORDINANCE ( Section2, Local Government Code; Departmentof Agrarian Reform
vs. Polo CoconutPlantation Company, Inc., 564 SCRA78[2008]).
No. II. The City Mayor issues an ExecutiveOrder declaring that the city promotesresponsible
parenthood and upholdsnatural family planning. He prohibits allhospitals operated by the
city fromprescribing the use of artificial methods ofcontraception, including condoms,
pills,intrauterine devices and surgicalsterilization. As a result, poor women in hiscity lost
their access to affordable familyplanning programs. Private clinics,however, continue to
render familyplanning counsel and devices to payingclients.(b) Is the Philippines in breach of
anyobligation under international law? Explain.
SUGGESTED ANSWER:The acts of the City Mayor may beattributed to the
Philippines under theprinciple of state responsibility Article26 of the International
Covenant onCivil and Political rights requires thatPhilippine law shall prohibit
anydiscrimination and shall guarantee to allpersons equal and effective
protectionagainst discrimination on any groundsuch as social origin, birth or
otherstatus. The Executive Order of the CityMayor discriminates against
VIII. May the power of cities to raiserevenues be limited by an executive order ofthe
President? (1%)(A) Yes, because local governmentunits are under the administrativecontrol of the
President through theDepartment of Interior and LocalGovernment.(B) No, because
local government unitsnow enjoy full local fiscal autonomy.
(C) No, because only limitations
established by Congress can define
and limit the powers of local

(D) Yes, because the President has thepower and authority to imposereasonable restrictions on
the power ofcities to raise revenues.(E) Yes, if so provided in a city'scharter.
SUGGESTED ANSWER:(C), Sec. 5, Article X of the 1987Constitution2013
The rule in Article V1, Section 5 (3)of the Constitution that "Eachlegislative district shall
comprise, asfar as practicable, contiguous,compact and adjacent territory" is aprohibition
commandeering of votes;
SUGGESTED ANSWER:(c) Navarro vs. Ermita, 612 SCRA 131
Article V1, Section 5(3) of theConstitution requires that for a cityto be entitled to have at
least onerepresentative, its population shallbe at least:
(10) The city government filed a complaintfor expropriation of 10 lots to build arecreational
complex for the members of thehomeowners' association of Sitio
Sto. Tomas, the most populated residentialcompound in the city. The lot ownerschallenged
the purpose of theexpropriation. Does the expropriation havea valid purpose?(A) No,
because not everybody usesa recreational complex.
(B) No, because it intends to
benefit a private organization.
(C) Yes, it is in accord with thegeneral welfare clause
(D) Yes, it serves the well-being ofthe local residents.
35) Alfredo was elected municipal mayorfor 3 consecutive terms. During his thirdterm, the
municipality became a city.Alfredo ran for city mayor during the nextimmediately
succeeding election. Voltairesought his disqualification citing the 3 termlimit for elective
officials. Will Voltaire'saction prosper?(A) No, the 3 term limit should notapply to a person

who is running fora new position title.(B) Yes, the 3 term limit appliesregardless of any
voluntary orinvoluntary interruption in theservice of the local elective official.
(C) Yes, the 3 term limituniformly applies to the office ofmayor, whether for city
(D) No, the 3 term limit should notapply to a local government unitthat has assumed a
differentcorporate existence.
(48) An ordinance prohibits "notoriousstreet gang members" from loitering inpublic places.
The police are to dispersethem or, if they refuse, place them underarrest. The ordinance
enumerates whichpolice officers can make arrest and definesstreet gangs, membership in
them, andpublic areas. The ordinance was challengedfor being vague regarding the meaning
of"notorious street gang members." Is theordinance valid?
(A) No, it leaves the public
uncertain as to what conduct itprohibits.
(B) No, since it discriminatesbetween loitering in public placesand loitering in private places.
(C) Yes, it provides fair warning togang members prior to arrestregarding their unlawful
conduct.(D) Yes, it is sufficiently clear for thepublic to know what acts itprohibits.
(61) Adela served as Mayor of Kasim for 2consecutive terms. On her third term,COMELEC
ousted her in an election protestthat Gudi, her opponent, filed against
her. Two years later, Gudi faced recallproceedings and Adela ran in the recallelection against
him. Adela won and servedas Mayor for Gudi's remaining term. CanAdela run again for
Mayor in the nextsucceeding election without violating the 3term limit?
(A) No, she won the regularmayoralty election for twoconsecutive terms and the recallelection
constitutes her third term.(B) A. No, she already won themayoralty election for 3
(C) Yes, her ouster from office inher third term interrupted the
continuity of her service asmayor.
(D) Yes, the fresh mandate given herduring the recall election erased herdisqualification for
a third term.
(81) Anton was the duly elected Mayor of Tunawi in the local elections of 2004. Hegot 51% of
all the votes cast. Fourteenmonths later, Victoria, who also ran formayor, filed with the Local
ElectionRegistrar, a petition for recall againstAnton. The COMELEC approved thepetition and set
a date for its signing byother qualified voters in order to garner atleast 25% of the total
number of BarExamination Questionnaire for Political LawSet A registered voters or total number
ofthose who actually voted during the localelection in 2005, whichever is lower.
Antonattacked the COMELEC resolution for beinginvalid. Do you agree with Anton?(A) No,
the petition, though initiatedby just one person, may be ratifiedby at least 25% of the total
numberof registered voters.(B) No, the petition, though initiatedby just one person may be
ratifiedby at least 25% of those whoactually voted during the 2004 localelections.(C) Yes, the
petition should beinitiated by at least 25% of the totalnumber of registered voters
whoactually voted during the 2004 localelections.
(D) Yes,the petition should be
initiated by at least 25% of the
total number of registered voters

of Tunawi.