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POLITICAL AND INTERNATIONAL LAW

TABLE OF CONTENTS

I. The Philippine Constitution

A. Constitution: definition, nature and concepts..................................................... 1
B. Parts ................................................................................................................. 2
C. Amendments and revisions ............................................................................... 3
D. Self-executing and non-self-executing provisions ............................................. 6
E. General provisions ............................................................................................ 6

II. General Considerations

A. National territory ............................................................................................... 7
1. Archipelagic doctrine
B. State immunity ................................................................................................ 10
C. General principles and state policies .............................................................. 20
D. Separation of powers ...................................................................................... 32
E. Checks and balances...................................................................................... 34
F. Delegation of powers ...................................................................................... 34
G. Forms of government ..................................................................................... 35

III. Legislative Department

A. Who may exercise legislative power ............................................................... 37
1. Congress
2. Regional/Local legislative power
3. People’s initiative on statutes
a) Initiative and referendum
4. The President under a martial law rule or in a revolutionary government
B. Houses of Congress ....................................................................................... 43
1. Senate
2. House of Representatives
a) District representatives and questions of apportionment
b) Party-list system
C. Legislative privileges, inhibitions and disqualifications .................................... 49
D. Quorum and voting majorities ......................................................................... 52
E. Discipline of members ..................................................................................... 52
F. Electoral tribunals and the Commission on Appointments ............................... 52
1. Nature
2. Powers
G. Powers of Congress ....................................................................................... 55
1. Legislative
a) Legislative inquiries and the oversight functions
b) Bicameral conference committee

c) Limitations on legislative power
(i) Limitations on revenue, appropriations and tariff measures
(ii) Presidential veto and Congressional override
2. Non-legislative
a) Informing function
b) Power of impeachment
c) Other non-legislative powers

IV. Executive Department

A. Privileges, inhibitions and disqualifications...................................................... 68
1. Presidential immunity
2. Presidential privilege
B. Powers ........................................................................................................... 69
1. Executive and administrative powers in general ................................... 69
2. Power of appointment .......................................................................... 72
a) In general
b) Commission on Appointments confirmation
c) Midnight appointments
d) Power of removal
3. Power of control and supervision ......................................................... 79
a) Doctrine of qualified political agency
b) Executive departments and offices
c) Local government units
4. Military powers ..................................................................................... 81
5. Pardoning power .................................................................................. 85
a) Nature and limitations
b) Forms of executive clemency
6. Diplomatic power .................................................................................. 91
7. Powers relative to appropriation measures .......................................... 96
8. Delegated powers ................................................................................ 97
9. Veto powers ......................................................................................... 97
10. Residual powers ................................................................................ 99
11. Executive privilege ............................................................................. 99
C. Rules of Succession

V. Judicial Department

A. Concepts ...................................................................................................... 100
1. Judicial power .................................................................................... 100
2. Judicial review ................................................................................... 109
a) Operative fact doctrine
b) Moot questions
c) Political question doctrine
B. Safeguards of Judicial independence ........................................................... 115
C. Judicial restraint............................................................................................ 117

D. Appointments to the Judiciary ...................................................................... 117
E. Supreme Court ............................................................................................. 119
1. En banc and division cases
2. Procedural rule-making
3. Administrative supervision over lower courts
4. Original and appellate jurisdiction
F. Judicial privilege

VI. Constitutional Commissions

A. Constitutional safeguards to ensure independence of commissions ............. 126
B. Powers and functions of each commission ................................................... 128
C. Prohibited offices and interests ..................................................................... 128
D. Jurisdiction of each constitutional commission ............................................. 132
E. Review of final orders, resolutions and decisions ......................................... 135
1. Rendered in the exercise of quasi-judicial functions
2. Rendered in the exercise of administrative functions

VII. Bill of Rights

A. Fundamental powers of the state (police power, eminent domain, taxation) 137
1. Concept, application and limits
2. Requisites for valid exercise
3. Similarities and differences
4. Delegation
B. Private acts and the Bill of Rights ................................................................. 141
C. Due process – the rights to life, liberty & property ......................................... 141
1. Relativity of due process
2. Procedural and substantive due process
3. Constitutional and statutory due process
4. Hierarchy of rights
5. Judicial standards of review
6. Void-for-vagueness doctrine
D. Equal protection............................................................................................ 153
1. Concept
2. Requisites for valid classification
3. Standards of judicial review
a) Rational Basis Test
b) Strict Scrutiny Test
c) Intermediate Scrutiny Test
E. Searches and seizures ................................................................................. 158
1. Concept
2. Warrant requirement
a) Requisites
3. Warrantless searches
4. Warrantless arrests

5. Administrative arrests
6. Drug, alcohol and blood tests
F. Privacy of communications and correspondence .......................................... 171
1. Private and public communications
2. Intrusion, when allowed
3. Writ of habeas data
G. Freedom of expression ................................................................................. 174
1. Concept and scope
a) Prior restraint (censorship)
b) Subsequent punishment
2. Content-based and content-neutral regulations
a) Tests
b) Applications
3. Facial challenges and the overbreadth doctrine
4. Tests
5. State regulation of different types of mass media
6. Commercial speech
7. Private vs. government speech
8. Heckler’s veto
H. Freedom of religion ....................................................................................... 191
1. Non-establishment clause
a) Concept and basis
b) Acts permitted and not permitted by the clause
c) Test
2. Free exercise clause
3. Tests
a) Clear and Present Danger Test
b) Compelling State Interest Test
c) Conscientious Objector Test
I. Liberty of abode and freedom of movement .................................................. 198
1. Limitations
2. Right to travel
a) Watch-list and hold departure orders
3. Return to one’s country
J. Right to information ....................................................................................... 201
1. Limitations
2. Publication of laws and regulations
3. Access to court records
4. Right to information relative to:
a) Government contract negotiations
b) Diplomatic negotiations
K. Right of association....................................................................................... 203
L. Eminent domain ............................................................................................ 205
1. Concept
2. Expansive concept of “public use”
3. Just compensation

a) Determination
b) Effect of delay
4. Abandonment of intended use and right of repurchase
5. Miscellaneous application
M. Contract clause ............................................................................................ 212
1. Contemporary application of the contract clause
N. Legal assistance and free access to courts .................................................. 212
O. Rights of suspects ........................................................................................ 212
1. Availability
2. Requisites
3. Waiver
P. Rights of the accused ................................................................................... 217
1. Criminal due process
2. Bail
3. Presumption of innocence
4. Right to be heard
5. Assistance of counsel
6. Right to be informed
7. Right to speedy, impartial and public trial
8. Right of confrontation
9. Compulsory process
10. Trials in absentia
Q. Writ of habeas corpus ................................................................................... 230
R. Writs of amparo, habeas data, and kalikasan................................................. 231
S. Self-incrimination clause ............................................................................... 233
1. Scope and coverage
a) Foreign laws
2. Application
3. Immunity statutes
T. Involuntary servitude and political prisoners ................................................. 240
U. Excessive fines and cruel and inhuman punishments .................................. 241
V. Non-imprisonment for debts ......................................................................... 241
W. Double jeopardy .......................................................................................... 242
1. Requisites
2. Motions for reconsideration and appeals
3. Dismissal with consent of accused
X. Ex post facto laws and bills of attainder ......................................................... 249

VIII. Citizenship

A. Who are Filipino citizens ............................................................................. 251
B. Modes of acquiring citizenship .................................................................... 256
C. Naturalization and denaturalization.............................................................. 258
D. Dual citizenship and dual allegiance............................................................ 259
E. Loss and re-acquisition of Philippine citizenship .......................................... 261
F. Natural-born citizens and public office ......................................................... 264

IX. Law on Public Officers

A. General principles ......................................................................................... 271
B. Modes of acquiring title to public office ......................................................... 271
C. Modes and kinds of appointment .................................................................. 271
D. Eligibility and qualification requirements ....................................................... 271
E. Disabilities and inhibitions of public officers .................................................. 271
F. Powers and duties of public officers .............................................................. 271
G. Rights of public officers................................................................................. 271
H. Liabilities of public officers ............................................................................ 271
1. Preventive suspension and back salaries
2. Illegal dismissal, reinstatement and back salaries
I. Immunity of public officers ............................................................................. 271
J. De facto officers ............................................................................................. 281
K. Termination of official relation ....................................................................... 284
L. The Civil Service ........................................................................................... 285
1. Scope
2. Appointments to the civil service
3. Personnel actions
M. Accountability of public officers .................................................................... 289
1. Impeachment
2. Ombudsman (Sections 5 to 14, Article XI of the 1987 Constitution, in
relation to R.A. No. 6770, or otherwise known as "The Ombudsman
Act of 1989.")
a) Functions
b) Judicial review in administrative proceedings
c) Judicial review in penal proceedings
3. Sandiganbayan
4. Ill-gotten wealth
N. Term limits

X. Administrative Law

A. General principles......................................................................................... 298
B. Administrative agencies ................................................................................ 299
1. Definition
2. Manner of creation
3. Kinds
C. Powers of administrative agencies ............................................................... 300
1. Quasi-legislative (rule-making) power
a) Kinds of administrative rules and regulations
b) Requisites for validity
2. Quasi-judicial (adjudicatory) power
a) Administrative due process
b) Administrative appeal and review

c) Administrative res judicata
3. Fact-finding, investigative, licensing and rate-fixing powers
D. Judicial recourse and review ........................................................................ 307
1. Doctrine of primary administrative jurisdiction
2. Doctrine of exhaustion of administrative remedies
3. Doctrine of finality of administrative action

XI. Election Law

A. Suffrage........................................................................................................ 312
B. Qualification and disqualification of voters .................................................... 313
C. Registration of voters .................................................................................... 313
D. Inclusion and exclusion proceedings ............................................................ 313
E. Political parties ............................................................................................. 313
1. Jurisdiction of the COMELEC over political parties
2. Registration
F. Candidacy .................................................................................................... 314
1. Qualifications of candidates
2. Filing of certificates of candidacy
a) Effect of filing
b) Substitution of candidates
c) Ministerial duty of COMELEC to receive certificate
d) Nuisance candidates
e) Petition to deny or cancel certificates of candidacy
f) Effect of disqualification
g) Withdrawal of candidates
G. Campaign .................................................................................................... 318
1. Premature campaigning
2. Prohibited contributions
3. Lawful and prohibited election propaganda
4. Limitations on expenses
5. Statement of contributions and expenses
H. Board of Election Inspectors and Board of Canvassers .............................. 319
1. Composition
2. Powers
I. Remedies and jurisdiction in election law ...................................................... 319
1. Petition not to give due course to or cancel a certificate of candidacy
2. Petition for disqualification
3. Petition to declare failure of elections
4. Pre-proclamation controversy
5. Election protest
6. Quo warranto
J. Prosecution of election offenses ................................................................... 335

XII. Local Governments

A. Public corporations ....................................................................................... 336
1. Concept
a) Distinguished from government-owned or controlled corporations
2. Classifications
a) Quasi-corporations
b) Municipal corporations
B. Municipal corporations .................................................................................. 336
1. Elements
2. Nature and functions
3. Requisites for creation, conversion, division, merger or dissolution
C. Principles of local autonomy ......................................................................... 340
D. Powers of local government units (LGUs) ................................................... 341
1. Police power (general welfare clause) .............................................. 342
2. Eminent domain ................................................................................. 346
3. Taxing power ..................................................................................... 350
4. Closure and opening of roads ............................................................ 350
5. Legislative power ............................................................................... 350
a) Requisites for valid ordinance
b) Local initiative and referendum
6. Corporate powers .............................................................................. 355
a) To sue and be sued
b) To acquire and sell property
c) To enter into contracts
(i) Requisites
(ii) Ultra vires contracts
7. Liability of LGUs ................................................................................. 359
8. Settlement of boundary disputes ........................................................ 359
9. Succession of elective officials ........................................................... 360
10. Discipline of local officials................................................................. 363
a) Elective officials
(i) Grounds
(ii) Jurisdiction
(iii) Preventive suspension
(iv) Removal
(v) Administrative appeal
(vi) Doctrine of condonation
b) Appointive officials
11. Recall ............................................................................................... 367
12. Term limits ....................................................................................... 367

XIII. National Economy and Patrimony

A. Regalian doctrine.......................................................................................... 369
B. Nationalist and citizenship requirement provisions ....................................... 369

C. Exploration, development and utilization of natural resources ...................... 373
D. Franchises, authority and certificates for public utilities ................................ 374
E. Acquisition, ownership and transfer of public and private lands .................... 375
F. Practice of professions.................................................................................. 382
G. Organization and regulation of corporations, private and public ................... 382
H. Monopolies, restraint of trade and unfair competition ................................... 382

XIV. Social Justice and Human Rights

A. Concept of social justice ............................................................................... 382
B. Commission on Human Rights ..................................................................... 383

XV. Education, Science, Technology, Arts, Culture and Sports

A. Academic freedom........................................................................................ 388

XVI. Public International Law

A. Concepts ...................................................................................................... 394
1. Obligations erga omnes
2. Jus cogens
3. Concept of ex aequo et bono
B. International and national law ....................................................................... 404
C. Sources ........................................................................................................ 409
D. Subjects ....................................................................................................... 410
1. States
2. International organizations
3. Individuals
E. Diplomatic and consular law ......................................................................... 412
F. Treaties ........................................................................................................ 417
G. Nationality and statelessness ...................................................................... 418
1. Vienna Convention on the Law of Treaties
H. State responsibility ...................................................................................... 420
1. Doctrine of state responsibility
I. Jurisdiction of States ................................................................................... 424
1. Territoriality principle
2. Nationality principle and statelessness
3. Protective principle
4. Universality principle
5. Passive personality principle
6. Conflicts of jurisdiction
J. Treatment of aliens ........................................................................................ 425
1. Extradition
a) Fundamental principles
b) Procedure
c) Distinguished from deportation

................. 439 1.. Madrid Protocol and the Paris Convention for the Protection of Industrial Property ..... Principle 21 of the Stockholm Declaration P.............. 430 1............ Law on neutrality M....... 445 ........................................ Internal waters 4....... Core international obligations of states in International Humanitarian Law 3............ Territorial sea 5.. International Covenant on Civil and Political Rights 3.............. Universal Declaration of Human Rights 2. International Covenant on Economic.............. Law of the sea ....... Categories of armed conflicts a) International armed conflicts b) Internal or non-international armed conflict c) War of national liberation 2................ Exclusive economic zone 6............................ International environmental law ......K............... International Tribunal for the Law of the Sea N... Baselines 2............................. Social and Cultural Rights L........... International economic law ..................................................... Principles of International Humanitarian Law a) Treatment of civilians b) Prisoners of war 4. 432 1..... 445 1............ International Humanitarian Law and neutrality ..................... Continental shelf a) Extended continental shelf 7....................................... International Human Rights Law ...... Archipelagic states a) Straight archipelagic baselines b) Archipelagic waters c) Archipelagic sea lanes passage 3.......................... 445 O.....................................................

R. G. c. its nullity cannot be cured by reincorporation or reenactment of the same or a similar law or provision.A. Cabiles. August 5. an overseas seafarer who still had two years remaining on his contract when he was illegally terminated. Congress enacted R. Inc. nature and concepts Constitution is defined by Cooley as: a. a body of interpretations and rules by which the three branches of government are judged for purposes of sovereign compliance with good corporate governance. Once a law has been declared unconstitutional. Seamacho. 582 SCRA 254 (2009). No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995) for discriminating against illegally dismissed OFWs who still had more than a year to their contract compared to those who only had less than a year remaining. a body of rules and edicts emanating from the rulings of courts and written guidelines of the executive and the legislature by which government is governed.. an amendment to the Migrant Workers and Overseas Filipinos Act. it remains unconstitutional unless circumstances have so changed as to warrant a reverse conclusion (Sameer Overseas Placement Agency v. and who would only be entitled to a maximum of six-month’s pay under the reinstated provision. Cooley. Page 1 of 445 Political and Public International Law . How are you to argue that the new law is invalid insofar as it brings back to the statute books a provision that has already been struck down by the Court? (5%). p. which practically reinstated the provision struck down in Serrano. the Supreme Court declared as violative of the Equal Protection Clause the 5th paragraph of §10 R. administrative and political provisions by which the three branches of government are defined. Constitution: definition. Gallant Maritime Services. SUGGESTED ANSWER: b. a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. 4 (2012 BAR) In Serrano v. The Philippine Constitution A.A. No. POLITICAL AND INTERNATIONAL LAW I. (2014 BAR EXAMS) SUGGESTED ANSWER: I will argue that since Section 10 of Republic Act No. No 10222. 2014). engages you as his counsel. d. The next year. 8042 has already been declared unconstitutional by the Supreme Court. 170139. b. a body of statutory. Constitutional Limitations.

moral. (Gonzales v. because as priest. Gal has special interest in the well-being of the youth. because Fr. Yes. Article VIII of the 1987 Constitution authorizes the nullification of a treaty when it conflicts with the Constitution. SUGGESTED ANSWER: (A) Basco Vs. briefly. B. d. (B) permanence. Parts Page 2 of 445 Political and Public International Law . Article II. Philippine Amusements And Gaming Represntatives. When the Bill became law (RA 10156). (5%) (2004 Bar Question) SUGGESTED ANSWER: In case of conflict between a provision of a treaty and a provision of the Constitution. Fr. Fr.” In case there is indeed an irreconcilable conflict between a provision of the treaty and a provision of the Constitution. b. filed a petition seeking for the nullification of RA 10156 on th ground that it is unconstitutional as it violates Section 13. which should prevail: the provision of the treaty or of the Constitution? Why? Explain with reasons. One advantage of a written Constitution is its (2011 BAR) (A) reliability. (D) expediency. It Is Suggested That Either (A) Or (C) May Be Accepted As A Correct Answer BNN Republic has a defense treaty with EVA Federation. Congressman Sugar Oll authored a bill called House Bill No. the basing of foreign troops however friendly is prohibited by the Constitution of BNN which provides that. the treaty allows temporary basing of friendly foreign troops in case of training exercises for the war on terrorism. Does Fr. 415 Scra 44. “No foreign military bases shall be allowed in BNN territory. Hechanova. of the 1987 Constitution which states that "The state recognizes the vital role of the youth in nation- building and shall promote and protect their physical. Fr. No. the law concerns neither citizens nor expenditure of public funds. spiritual. in a jurisdiction and legal system like ours. Nosu Gal. Yes. and social well-being". c. because the issue is of transcendental importance. The Majority Leader of the Senate contends that whether temporary or not. No. intellectual. the provision of the Constitution should prevail. a priest. Gal filed the petition as a concerned citizen and as taxpayer. According to the Republic’s Secretary of Defense. Section 5(2)(a). 9 SCRA 230 [1963]). (C) flexibility. Gal have locus standi? (2012 BAR EXAMS) a. Gal has no personal and substantial interest that will be prejudiced by the implementation of the law. 0056 which legalizes jueteng.

the "initiative" phase is meant that the people propose the amendments. There is a valid proposal when a proposition has received the approval of: a. the bill of rights. b. SECTION 32. SUGGESTED ANSWER: A. 3 (2012 BAR) C. and the transitory provisions. the preamble. Amendments and revisions The constitutional provision on initiative and referendum is not self-executory. ARTCLE IV OF CONSTITUTION (2012 BAR) In an amendment to the constitution by "initiative and referendum". SUGGESTED ANSWER: B. and provisions on checks and balances. Outline review in political Law. d. the members of the House of Representatives Page 3 of 445 Political and Public International Law . b. SECTION 2. the national territory. c. c. an implementing resolution from the Supreme Court. an implementing resolution from the party-list representative of the House of Representatives. ARTICLE XVII OF CONSTITUTION (2012 BAR) With the passage of time. the executive department. d. b. and method of amendment. p. at least 3% of the registered voters of each district and 12% of the total number of registered voters nationwide. d. The three essential parts of a Constitution are: a. SUGGESTED ANSWER: C. Nachura. This is so because it requires: a. the bill of rights. more than 3% of the 3% of the registered voters of each district but less than 12% of the total number of registered voters nationwide. the declaration of principles and state policies. at least 3% of the persons of majority age of each district. the legislative department and the judiciary. an implementing resolution from the COMELEC. and 12% of the registered voters of the region from proposal emanates. governmental organization and functions. an implementing legislation. c. at least 3% of the registered voters of each province and 12% of the total number of registered voters nationwide.

Article XVII of the Constitution did not expressly provide that the Senate and the House of Representatives must vote separately. because the ten (10) Senators who voted in favor of the proposed amendments constituted less than three-fourths of all the Members of the Senate. 2. however. were cool to the idea. (2014 BAR) Constituent power refers to the authority (1%) (2014 BAR) (A) of public officials to command respect (B) given to Congress to enact police power measures (C) to propose constitutional amendments or revisions (D) of the people to take back the power entrusted to those in government (E) of the President to call out the armed forces to suppress lawless violence State the various modes of and steps in revising or amending the Philippine Constitution. At a time when the House membership was already 290. Congress may by three-fourths vote of all its Members propose any amendment to or revision of the Constitution. The proponents now claim that the proposals were validly made. When the votes were counted. 275 members of the House of Representatives approved the proposed amendments. then there could be no valid proposals. Were the proposals validly adopted by Congress? (5%) SUGGESTED ANSWER: The proposal were not validly adopted. Only 10 Senators supported such proposals. the determination of one house is to be submitted to the separate determination of the other house iller v. when the Legislature consist of two (2) houses. But the members of the House insisted. a constitutional convention may propose any amendment to or revision of the Constitution. 1. since more than the required three-fourths vote of Congress has been obtained. The Senators. Under Section 1. Mardo. They accordingly convened Congress into a constituent assembly in spite of the opposition of the majority of the members of the Senate. Since the required number of votes in the Senate was not obtained. 2 SCRA 898 [1961]. so argued the Senators. Although Section 1. Article XVII of the Constitution. a great number of the members decided that it was time to propose amendments to the Constitution. (1997) SUGGESTED ANSWER: There are three modes of amending the Constitution. The 14 Senators who voted against the proposals claim that the proposals needed not three-fourths vote of the entire Congress but each house. Under the same provision. Article XVIII of the Constitution. Page 4 of 445 Political and Public International Law . increased with the creation of new legislative districts and the corresponding adjustments in the number of party-list representatives. According to Section 3.

of which every legislative district must be represented by at least three per cent of the registered voters therein. however. (2007 Bar Question) An amendment to the Constitution shall be valid upon a vote of three-fourths of all the Members of the Congress. 3. but a revision. since they seek. of which every legislative district must be represented by at least three per cent of the registered voters in it. how? (5%) (2004 Bar Question) SUGGESTED ANSWER: There is no third way of proposing revisions to the Constitution. Assuming that the petition has been signed by the required number of registered voters. (C) Yes. to be valid any amendment to or revision of the Constitution must be ratified by a majority of the votes cast in a plebiscite. may directly propose amendments to the Constitution. (B) Yes. Briefly explain your answer. Is there a third way of proposing revisions of or amendments to the Constitution? If so. Article XVII of the Constitution. SUGGESTED ANSWER: The statement is false. not an amendment. the people can substantially amend the Constitution by direct action. the people may directly propose amendments to the Constitution through initiative upon a petition of at least twelve per cent of the total number of registered voters. True of False. an amendment proposed by Congress must be approved Page 5 of 445 Political and Public International Law . According to Section 4.) Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of government. will it prosper? (2011 BAR) (A) No. Article XVI of the 1987 Constitution. Congress may by a two-thirds vote of all its Members call a constitutional convention or by a majority vote of all its Members submit the question of calling such a convention to the electorate. (Section 2. An amendment to or a revision of the present Constitution maybe proposed by a Constitutional Convention or by the Congress upon a vote of three-fourths of all its members. (D) No. provided Congress concurs in the amendment. only Congress can exercise the power to amend the Constitution. the people through initiative upon petition of at least twelve per cent of the total number of registered voters. This right is not operative without an implementing law. First. Article XVII of the Constitution. Under Section 2.

no law shall be made respecting an establishment of religion. IX-B. Art. Article XVI of the Constitution. It is inherent in a bicameral legislature for the two houses to vote separately. FIRST ALTERNATIVE ANSWER: The statement is true. GENERAL PROVISIONS Can the Judge-Advocate General of the Armed Forces of the Philippines be appointed a Trustee of the Government Service Insurance System? Explain. b. the state shall encourage and support researches and studies on the arts and culture. sec. c. the amendment shall be valid only when ratified by a majority of the votes cast in a plebiscite (Constitution. Art. (II Record of the Constitutional Commission493). d. SECTION 15. Article IX-B of the 1987 Constitution. SUGGESTED ANSWER: D. The Constitution states: “All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution” (1987 Constitution. XVII. 4). This is expressly provided for in Section 4. All public officers and employees shall take an oath to uphold and defend the Constitution. no person shall be held to answer for a criminal offense without due process of law. ARTICLE XIV OF CONSTITUTION (2012 BAR) E. sec. no member of the Armed Forces of the Philippines in the Page 6 of 445 Political and Public International Law . Second. the Judge Advocate General of the Armed Forces of the Philippines cannot be appointed as trustee of the Government Service Insurance System. SECOND ALTERNATIVE ANSWER: The statement is false. by at least three-fourths (3/4) vote of the members of the Senate and of the House of Representatives voting separately. Self-executing and non-self-executing provisions Which one of the following is a non-self-executing provision of the Constitution: a. (1996 Bar Question) SUGGESTED ANSWER: No. no law shall be passed abridging the freedom of speech. Under Section 5(4). 4). D.

Archipelagic doctrine (1) A bill was introduced in the House of Representatives in order to implement faithfully the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) to which the Philippines is a signatory.” (Arigo v. No. 3) contiguous zone. The freedom to use the world’s marine waters is one of the oldest customary principles of international law. 2% State whether or not the law is constitutional. 2014) Page 7 of 445 Political and Public International Law . 4) exclusive economic zone.R. September 16. Such sovereignty extends to the air space over the territorial sea as well as t=o its bed and subsoil. II. National territory 1. including government-owned or controlled corporations. and 5) the high seas. G. (3%) (2) Describe the following maritime regimes under UNCLOS (4%) (a) Territorial sea (b) Contiguous zone (c) Exclusive economic zone (d) Continental shelf ANSWER: (1) I do not agree. Explain briefly. (2006 Bar Question) SUGGESTED ANSWER: Since the design of the flag is provided for in Section 1. A law changing the design of the Philippine flag. 2) territorial sea. 206510. General Considerations A. It also gives coastal States more or less jurisdiction over foreign vessels depending on where the vessel is located. active service shall at any time be appointed or designated in any capacity to a civilian position in the Government. the Coastal State exercises sovereignty. “The UNCLOS is a product of international negotiation that seeks to balance State sovereignity (mare clausum) and the p[rinciple of freedom of the high seas (mare liberum) . it cannot be changed by law and may be changed only by constitutional amendment. subject to the UNCLOS and other rules of international law. Article XVI of the Constitution. Congressman Pat Rio Tek questioned the constitutionality of the bill on the ground that the provisions of UNCLOS are violative of the provisions of the Constitution defining the Philippine internal waters and territorial sea. Swift. The UNCLOS gives to the coastal State sovereign rights in varying degrees over the different zones of the sea which are: 1) internal waters. Do you agree or not with the said objection? Explain. Insofar as the internal waters and territorial sea is concerned.

and converted internal waters into archipelagic waters. lose) territory through occupation. not by executing multilateral treaties on the regulations of sea-use rights or enacting statutes to comply with the treaty’s terms to delimit maritime zones and continental shelves. diminution of territory.e.” “UNCLOS III ans its ancillary baselines laws play no role in the acquisition. 7711 discarded the definition of the Philippine territory under the Treaty of Paris and in related treaties. G. among others. excluded the Kalayaan Islands and the Scarborough Shoals from the Philippine Archipelagic baselines. UNCLOS III does not define the internal and territorial waters of states but merely “prescribes the water-land ration. an association of Ilocano professionals. No. accretion. the territorial waters [12 nautical miles from the baselines]. 187167. 20-11. length and contour of n=baselines of archipelagic States like the Philippines.. sea-use rights over maritime zones (i.” “UNCLOS III has nothing to do with the acquisition (or loss) of territory. August 16. Ermita. States acquire (or conversely. and are instead governed by the rules on general international law. as petitioners claim. (Magallona v. and continental shelves that UNCLOS III delimits. exclusive economic zone [200 nautical miles from the baselines]). August 16. Anak Ti Ilocos. Article 77) Congress passed Republic Act No. 187167. G.’ (UNCLOS III. In a petition filed with the Supreme Court. Ermita. (b) Its contiguous zone shall extend up to 24 nautical miles from its baselines. cession and prescription. argued that Republic Act No. Territorial claims to land features are outside UNCLOS III. Under traditional international law typology. No. Is the petition meritorious? (6%) SUGGESTED ANSWER: Page 8 of 445 Political and Public International Law .R. 655 SCRA 476) (2) Under the provisions of UNCLOS III- (a) The territorial waters of an archipelagic state shall extend up to 12 nautical miles from its baselines. (c) Its exclusive economic zone shall extend up to 200 nautical miles from its baselines.” (Magallona v.” It is a multilateral treaty regulating.R. 7711 to comply with the United Nations Convention on the Law of the Sea. 2011. or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. 655 SCRA 476) while (d) Its continental shelf “comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin. enlargement or.

(2013 BAR) What do you understand by the archipelagic doctrine? Is this reflected in the 1987 Constitution? (1989 Bar Question) SUGGESTED ANSWER: The archipelagic doctrine emphasizes the unity of land and waters by defining an archipelago either as a group of islands surrounded by waters or a body of waters studded with islands. between. form part of the internal waters of the Philippines. between. Page 9 of 445 Political and Public International Law . For this purpose. The United Nations Convention on the Law of the Sea has nothing to do with the acquisition or loss of territory. the waters around. the archipelagic doctrine is reflected in the 1987 Constitution. Article I. SUGGESTED ANSWER: False. with all the islands and waters embraced therein.R. July 16. G. Ermita. 187167. and connecting the islands of the archipelago. The waters on the landward side of the baselines regardless of breadth or dimensions are merely internal waters. No. Section 1 provides that the national territory of the Philippines includes the Philippine archipelago. Answer TRUE if the statement is true. TRUE or FALSE. exclusive economic zones. Yes. regardless of their breadth and dimensions. Convention on the Law of the Sea. and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state. No. Whether the bodies of water lying landward of the baselines of the Philippines are internal waters or archipelagic waters. 655 SCRA 476). the petition is not meritorious. It merely regulates sea-use rights over maritime zones. between and connecting the islands of the Philippines form part of its internal waters. or FALSE if the statement is false. it requires that baselines be drawn by connecting the appropriate points of the outermost islands to encircle the islands within the archipelago. Explain your answer in not more than two (2) sentences. 2011. contiguous zones. Under Article 49 (1) of the U.N. and the waters around. Under Article I of the Constitution. these waters do not form part of the territorial sea but are described as archipelagic waters. (5%) (2009 Bar Question) Under the archipelago doctrine. The Kalayaan Islands and the Scarborough Shoals are located at an appreciable distance from the nearest shoreline of the Philippines= archipelago. the Philippines retains jurisdiction over them (Magallona v. A straight baseline loped around them from the nearest baseline will violate Article 47(3) and Article 47(2) of the United Nations Convention on the Law of the Sea III. the water around. and continental shelves which it delimits.

despite demand. G. The imported goods were released only on January 10. can the Embassy successfully invoke immunity from suit? (6%) (2013 BAR) SUGGESTED ANSWER: Yes. The Agreement binds CBM. State immunity The Ambassador of the Republic of Kafirista referred to you for handling. Under these facts. In the last quarter of 2012. thus causing the delay in its cargo-handling operations.0 Million deposit and advance rental required under their contract. 2013. did not pay XYZ Corp. that liability should lie with XYZ Corp. Kafiristan terminated the Agreement because CBM allegedly did not comply with their agreed maintenance standards. Section 10 of the Maintenance Agreement is not necessarily a waiver of sovereign immunity from suit. Kafiristan expressly waives its immunity from suit. A group of importers got together and filed an action for damages before the Regional Trial Court of Manila against the Department of Finance and Bureau of Customs. the case of the Embassy’s Maintenance Agreement with CBM. the Php1.R. the Embassy can invoke immunity from suit. No. It was meant to apply in case the Republic of Kafiristan elects to sue in the local courts or waives its immunity by a subsequent act. The Bureau of Customs raised the defense of immunity from suit and. 405 SCRA 126). which the Bureau had contracted for the lease of ten (10) high powered van cranes but delivered only five (5) of these cranes. 2003. It appears that the Bureau. June 26. Vinzon. a private domestic company engaged in maintenance work. (2013 BAR) (A) Will the action by the group of importers prosper? (5%) Page 10 of 445 Political and Public International Law . B. This encompasses its maintenance and upkeep.000 container vans of imported goods intended for the Christmas Season were seized by agents of the Bureau of Customs. air-conditioning units and electrical facilities. 154705. The establishment of a diplomatic mission is a sovereign function. about 5. The Maintenance Agreement was in pursuit of a sovereign activity (Republic of the Indonesia v. to maintain the Embassy’s elevators. alternatively. for a defined fee. The Ambassador wants you to file a motion to dismiss on the ground of state immunity from suit and to oppose the position that under Section 10 of the Agreement. Section 10 of the Agreement provides that the Agreement shall be governed by Philippine laws and that any legal action shall be brought before the proper court of Makati. CBM contested the termination and filed a complaint against Kafiristan before the Regional Trial Court of Makati.

XYZ Corporation cannot sue the Bureau of Customs because it has no juridical personality separate from that of the Republic of the Philippines (Mobil Philippines Exploration v. y=that of assessing and collecting lawful revenues from imported articles and all other tariff and customs duties. which valid option is available to Mr. Court of Appeals. the Bureau of Customs must check to determine if the declaration of the importers tallies with the landed merchandise. (C) Make representations with the Congress to appropriated the amount to satisfy the judgment. Unimex-Micro Electonics GmBH. Customs Arrastre Service. ALTERNATIVE ANSWER: No.ic v. the court ruled in his favor and awarded damages amounting to P50 million against the government. 18 SCRA 1120). (B) File a claim with the Commission on Audit (COA) pursuant to Commonwealth Act 327. Mr. To property collect the revenues and customs duties. Justice and equity demand that the bureau of Customs should not be allowed to invoke state immunity from suit (Republ. because the Bureau of Customs undertook to pay its rentals. Inc. Customs Arrastre Service. the operation of the arrastre service (Philippine Refining Company v. fees. 18 SCRA 120) (B) Can XYZ Corp. 518 SCRA 19). XYZ Corporation cannot sue the Bureau of Customs to collect rentals for the delivered cranes. 18 SCRA 1120). sue the Bureau of Customs to collect rentals for the delivered cranes? (5%) SUGGESTED ANSWER: (B ) No. Besides. 256 SCRA 667). Customs Arrastre Service. Sinco Sued the government for damages. Page 11 of 445 Political and Public International Law . The primary function of the Bureau of Customs is governmental. XYZ Corporation may sue the Bureau of Customs because the contact is connected with a propriety function. fines and penalties (Mobil Philippines Exploration. Sinco? (1%) (2013 BAR) (A) Garnish the government funds deposited at the Land Bank. charges. After trial. XYZ Corporation leased its van cranes. v. The cranes are needed to haul the landed merchandise to a suitable place for inspection. as amended by Presidential Decree 1445. SUGGESTED ANSWER: (A) No. The action by the group of importers will not prosper. (Mobil Philippines Exploration v. To satisfy the judgment against the government. ANOTHER ALTERNATIVE ANSWER: Yes. The contract was a necessary incident to the performance of its governmental function.

irrigation is a proprietary function. as held in Rayo vs. The Secretary submitted to the President of the Philippines a report of said investigation. after an investigation. 171182. the waiver includes an action based on a quasi-delict. 179 SCRA 685 and 194 SCRA 486. The Supreme Court later found that the rivers were man-made and were constructed on private property owned by X. Since the waiver of the immunity from suit is without qualification. there was a massive irrigation overflow causing a flash flood in Barrio Zanjera. a suit against it is not a suit against the State.R. Court of First Instance of Bulacan 110 SCRA 456. G. it receives an annual appropriation from Congress. The Northern Luzon Irrigation Authority (NLIA) was established by a legislative charter to strengthen the irrigation systems that supply water to farms and commercial growers in the area. (E) Proceed to execute the judgment as provided by the Rules of Court because the State allowed itself to be sued. as held in Fontanilla vs. SUGGESTED ANSWER: (B)(University of the Philippines v. which report contained clearly libelous matters adversely affecting the reputation of X. While the NLIA is able to generate revenues through its operations. (1992 Bar Question) SUGGESTED ANSWER: No. the Northern Luzon Irrigation Authority may not invoke the immunity of the State from suit." Due to a miscalculation by some of its employees. A child drowned in the incident and his parents now file suit against The NLIA for damages. May the NLIA validly invoke the immunity of the State from suit? Discuss thoroughly. ordered the demolition of the fishpond of X as a nuisance per se on the ground that it encroached on navigable rivers and impeded the use of the rivers. 2012. (D) FIle a petition for mandamus in court to compel Congress to appripriate P50 million to satisfy the judgment. 679 SCRA 54). a well- known civic and religious leader in the community. Dizon. Maliaman. Besides. because. (1990 Bar Page 12 of 445 Political and Public International Law . August 23. The Secretary of Public Works. May X recover damages from the Secretary of Public Works for the cost involved in rebuilding the fishponds and for lost profits? State your reason. The NLIA is authorized to “exercise all the powers of a corporation under the Corporation Code. No. the Northern Luzon Irrigation Authority has a juridical personality separate and distinct from the government.

if no good intention and justifiable motive for making it is shown. He did not act in bad faith or with gross negligence. If the libelous statement was not relevant to the report on the alleged illegal encroachment of the river. because the public officers concerned did not act in bad faith. could not be sued for damages although they ordered the demolition of a building that encroached upon a creek. in sending his report. 162 SCRA 88. 124 SCRA 876. 19. According to the ruling in Sanders v. the Secretary of Public Works acted in the discharge of his official duties. A private communication made by any person to another in the performance of any legal. which ordered the demolition of structures obstructing public waterways. The report submitted by the Secretary of Public Works to the President constitutes privileged communication. as it was sent in the performance of official duty. Pascual. (1990 Bar Question) SUGGESTED ANSWER: No. Will the said libel suit prosper? Explain your answer. it was held that the members of the Ad Hoc Committee created to implement Presidential Decree No. Question) Suppose X files a libel suit against the Secretary of Public Works. a suit brought against a public official for writing a letter which is alleged to be libelous but which was written while he was acting as agent of the government and within the scope of his authority is actually a suit against the State without its consent. Godinez. Veridiano. moral or social duty:" In Deano v. SUGGESTED ANSWER: The question does not specify how the libel was committed. The Secretary of Public Works ordered the demolition of the fishpond in the performance of his official duties. X cannot recover damages from the Secretary of Public Works. Besides. because its submission is pursuant to the performance of a legal duty. In Mabutol v. it was held that a report sent by a public official to his superior is privileged communication. 12 SCRA 483. Hence. No. He issued the order only after due investigation. except in the following cases: 1. the fact that it was made in the course of an official report does not immunize the Secretary of Page 13 of 445 Political and Public International Law . even if it be true. the libel suit will not prosper. he was acting in behalf of the Republic of the Philippines and within the scope of his authority. 296 and Letter of Instruction No. Article 354 of the Revised Penal Code provides: “Every defamatory imputation is presumed to be malicious.

000 pairs will also be paid for.000 pairs or a total of U. the Ministry of the Army. a Philippine corporation. 905. Marikina Shoe Corporation was able to deliver only 200.000 pairs of combat boots in Jakarta by 30 October 1990 and it received payment for 100. $3. The contract was awarded by the Ministry of the Army to Marikina Shoe Corporation and was signed by the parties in Jakarta. The counterclaim in this case is a compulsory counterclaim since it arises from the same contract involved in the complaint.S. In February 1990. p. 4th ed. Public Works from liability for libel. How would the Court of Appeals decide the case? (1991 Bar Question) SUGGESTED ANSWER: The Court of Appeals should dismiss the petition insofar as it seeks to annul the order denying the motion of the Government of Indonesia to dismiss the counterclaim. On 1 June 1991.000.) Thus. 344. submitted a bid to supply 500. Marikina Shoe Corporation failed to deliver any more combat boots.S. by filing a complaint. at which time the said 300.. Principles of Public International Law. invited bids for the supply of 500. Indonesia went to the Court of Appeals on a petition for certiorari under Rule 65 of the Rules of Court. which has no branch office and no assets in Indonesia. Rizal to compel Marikina Shoe Corporation to perform the balance of its obligations under the contract and for damages. Consent to the exercise of jurisdiction of a foreign court does not include waiver of the separate immunity from execution. Marikina Shoe Corporation sets up a counterclaim for U.000.00. The defendant therefore acquires the right to set up a compulsory counterclaim against it. The trial court denied the motion to dismiss and issued two writs of garnishment upon Indonesian Government funds deposited in the Philippine National Bank and Far East Bank.000 pairs of combat boots for the use of the Indonesian Army. $3..00 representing the payment for the 100. asserting that it is entitled to sovereign immunity from suit. Above all. Republic of Indonesia.000. the state of Indonesia waived its immunity from suit. It is not right that it can sue in the courts but it cannot be sued. (Brownlie.000.S.000 pairs of combat boots are delivered. In its Answer.000 pairs of combat boots at U. The Marikina Shoe Corporation. Pan Oriental Shipping Co. The Ministry of the Army promised to pay for the other 100. However. 95 Phil. $30 per pair delivered in Jakarta on or before 30 October 1990. As such it must be set up otherwise it will be barred.000 pairs of combat boots already delivered but unpaid. in Page 14 of 445 Political and Public International Law . the Republic of Indonesia filed an action before the Regional Trial Court of Pasig. as held in Froilan vs. the Court of Appeals should grant the petition of the Indonesian government insofar as it sought to annul the garnishment of the funds of Indonesia which were deposited in the Philippine National Bank and Far East Bank.000 pairs already delivered as soon as the remaining 300. Indonesia moved to dismiss the counterclaim.

The Solicitor General moved to dismiss the two cases invoking state immunity from suit. Board of Liquidators. 2180 of the Civil Code. the state consents to be sued for a quasi delict only when the damage is caused by its special agents. 180 SCRA 171. without prior expropriation proceedings. which is conditional upon the payment of just compensation. it was held the consent to be sued does not give consent to the attachment of the property of a sovereign government. in such a case the State is merely giving the plaintiff a chance to prove that the State is liable but the State retains the right to raise all lawful defenses. . which was used as part of the tarmac of the Cebu International Airport. (2%) (1999 Bar Question) Page 15 of 445 Political and Public International Law . 43 F2d 705. As held in Ministerio v. Under Art. 40 SCRA 464 (1971). Hence. It is said that 'waiver of immunity by the State does not mean a concession of its liability" What are the implications of this phrase? (1997 Bar Question) SUGGESTED ANSWER: The phrase that waiver of immunity by the State does not mean a concession of liability means that by consenting to be sued. A. 1. Decide. (b) “X” also sued in another case the Secretary of Public Works and the Republic of the Philippines for payment of the compensation of the value of his land. the Solicitor General’s motion should be granted and the suit brought by “X” be dismissed. (a) “X” filed a case against the Republic of the Philippines for damages caused his yacht. which was rammed "by a navy vessel. (1987 Bar Question) SUGGESTED ANSWER: The government cannot be sued for damages considering that the agency which caused the damages was the Philippine Navy. . Court of First Instance. . which also involved the taking of private property without the benefit of expropriation proceeding. As stated in Philippine Rock Industries. When the government takes any property for public use.” The Solicitor General’s motion to dismiss should. “The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen. But the government cannot invoke the state’s immunity from suit.) What do you understand by state immunity from suit? Explain. Kunglig Jarnvagsstyrelsen. be denied. Dexter vs. Carpenter vs. vs. to be judicially ascertained. Inc. it makes manifest that it submits to the jurisdiction of the court. the State does not necessarily admit it is liable. therefore.

Suppose the AFP fails to pay for delivered ponchos. since it is performing governmental functions. 327 as amended by PD 1445) or impliedly as when the State engages in proprietary functions (U. U.A. The Department of National Defense entered into a contract with Raintree Corporation for the supply of ponchos to the Armed Forces of the Philippines (AFP).S.) Consent of the State to be sued may be made expressly as in the case of a specific. the Commission on Audit has the authority to settle all accounts pertaining to expenditure of public funds. (2%) (1999 Bar Question) B. Pan Oriental Shipping) or when the doctrine would in effect be used to perpetuate an injustice (Amigable Cuenca. and to improve the living and economic conditions of those engaged in the tobacco industry.g. 2. action may be filed in the proper courts in Manila. Under Section 2(1) IX-D of the Constitution. 2. stipulating that. express provision of law as waiver of State immunity from suit is not inferred lightly (e. In resisting such claim. to stabilize the price of tobacco. Ruiz. 43 SCRA 360). the Philippine Tobacco Administration is not liable for overtime pay. (2%) (1999 Bar Question) SUGGESTED ANSWER: A. C.1. in the event of breach. The Republic of the Philippines did not waive its immunity from suit when it entered into the contract with Raintree Corporation for the supply of ponchos for the use of the Armed Forces of the Philippines. B.) State immunity from suit means that the State cannot be sued without its consent.S. v. The employees of the Philippine Tobacco Administration (PTA) sued to recover overtime pay.) How may consent of the state to be sued be given? Explain. Decide and explain. Raintree Corporation cannot file a case in court. A corollary of such principle is that properties used by the State in the performance of its governmental functions cannot be subject to judicial execution. 65 SCRA 416. As held in Philippine Virginia Tobacco Administration v. where must Raintree Corporation file its claim? Why? (10%) (1998 Bar Question) SUGGESTED ANSWER: Raintree Corporation must file its claim with the Commission on Audit. Among its purposes are to promote the effective merchandising of tobacco so that those engaged in the tobacco industry will have economic security. v. the PTA theorized that it is performing governmental functions. Court of Industrial Relations. The contract involves the defense of the Page 16 of 445 Political and Public International Law . Guinto) or when it files a suit in which case the adverse party may file a counterclaim (Froilan v.

Mang Pandoy filed a suit against the government to compel payment for the value of his land. Stated differently. 78 SCRA 470 474. 492." SUGGESTED ANSWER: In accordance with the doctrine of exhaustion of administrative remedies. In United States vs. it should file a petition for certiorari with the Supreme Court. Resolve the motion. because the express waiver of this immunity can only be made by a statute. It does not apply where the contract relates to the exercise of its sovereign functions. the Supreme Court ruled: "Apparently respondent Judge was misled by the terms of the contract between the private respondent. The DPWH filed a motion to dismiss the case on the ground that the State is immune from suit. Philippines and therefore relates to a sovereign function. and which major thoroughfare traversed the land owned by Mang Pandoy. indisputably a function of the government of the highest order. Raintree Corporation should first file a claim with the Commission on Audit. The government neither filed any expropriation proceedings nor paid any compensation to Mang Pandoy for the land thus taken and used as a public road. its commercial activities or economic affairs. In this case the projects are so integral part of the naval base which is devoted to the defense of both the United States and the Philippines. Furisima. Ruiz. The Republic of the Philippines. they are not utilized for nor dedicated to commercial or business purposes. In Republic vs. 136 SCRA 487. If the claim is denied. (5%) (2001 Bar Question) Page 17 of 445 Political and Public International Law . a State maybe said to have descended to the level of an individual and can thus be deemed to have tacitly given Its consent to be sued only when it enters into business contracts. must come from the State acting through a duly enacted statute as pointed out by Justice Bengzon in Mobil. and defendant Rice and Corn Administration which. plaintiff in his sala. according to him. The consent. to be effective though. anticipated the case of a breach of contract between the parties and the suits that may thereafter arise. constructed a new highway linking Metro Manila and Quezon province. through the Department of Public Works and Highways (DPWH). the Supreme Court held: "The restrictive application of State immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign.” The provision for venue in the contract does not constitute a waiver of the State immunity from suit. Mang Pandoy filed an opposition.

He was performing such duties with the consent of the Philippine government. He performs official duties. YZ was acting as an agent of XX and was performing his official functions when he conducted surveillance on drug exporters and informed the local police officers who arrested MBC. armed with a Search Warrant authorizing the search of Baker’s house and its premises for dangerous Page 18 of 445 Political and Public International Law . for damages because of malicious prosecution. 43 SCRA 300 (1972). because he does not possess an acknowledged diplomatic title and is not performing duties of a diplomatic nature. his family and business serious damages amounting to two million pesos. Assailing the court’s jurisdiction: YZ now moves to dismiss the complaint. on a mission to conduct surveillance of drug experts and then inform local police officers who make the actual arrest of suspects. Adams befriended Baker and became a frequent visitor at his house. and seize his money and jewelry. on the ground that (1) he is an embassy officer entitled to diplomatic immunity. 397 SCRA 244 [1992]). Court of Appeals. SUGGESTED ANSWER: The motion to dismiss should be denied. an attaché of XX Embassy. the suit against him is a suit against XX without its consent. MBC. filed a suit against policemen and YZ. As held in Amigable v. Cuenca. He presents diplomatic notes from XX Embassy certifying that he is an accredited embassy officer recognized by the Philippine government. However. (Minucher v. therefore. MBC added that the trial court acquitted him of the drug charges. Adams and Baker are American citizens residing in the Philippines. the suit against YZ is a suit against XX without its consent. MBC alleged that YZ concocted false and malicious charges that he was engaged in drug trafficking. searched his house. it is deemed to have waived its immunity from suit. and that (2) the suit is really a suit against his home state without its consent. an alien businessman dealing in carpets and caviar. Otherwise. One day. then detained and tortured him in violation of his civil and human rights as well as causing him. Are the two grounds cited by YZ to dismiss the suit tenable? (5%) (2004 Bar Question) SUGGESTED ANSWER: The claim of diplomatic immunity of YZ is not tenable. Adams arrived with 30 members of the Philippine National Police. the constitutional guarantee that private property shall not be taken for public use without payment of just compensation will be rendered nugatory. he says. when the Government expropriates private property without paying compensation. whereupon narcotics policemen conducted a “buy-bust" operation and without warrant arrested him.

up charges against him. his diplomatic status was not sufficiently established. because he is not performing diplomatic functions. (B) As counsel of defendant Adams. Adams would then inform the Philippine narcotic agents to make the actual arrest. and Baker was charged with Violation of the Dangerous Drugs Act. (5%) (2005 Bar Question) SUGGESTED ANSWER: As counsel of Baker. I will argue that Adam's diplomatic immunity cannot be accepted as the sole basis for dismissal of the damage suit. considering that as a matter of diplomatic practice a diplomatic agent may be allowed or authorized to give evidence as a witness by the sending state. Baker then sued Adams for damages for filing trumped. Baker was acquitted.S. It was also stated that after having ascertained the target. His diplomatic status was a matter of serious doubt on account of his failure to disclose it when he appeared as principal witness in the earlier criminal (drug) case against Baker. He presented Diplomatic Notes from the American Embassy stating that he is an agent of the United States Drug Enforcement Agency tasked with “conducting surveillance operations’’ on suspected drug dealers in the Philippines believed to be the source of prohibited drugs being shipped to the U. the suit against him is a suit against the United States without its consent and is barred by state immunity from suit. by mere presentation of Diplomatic Notes stating that he is an agent of the US Drug Enforcement Agency. (A) As counsel of plaintiff Baker. drugs being trafficked to the United States of America. Adams was the prosecution’s principal witness. conformably with the Vienna Convention on Diplomatic Relations. The search purportedly yielded positive results. I shall argue that since he was acting within his assigned functions with the consent of the Philippines. SUGGESTED ANSWER: As counsel for Baker. I shall argue that Baker has no diplomatic immunity. [Minucher v. However. Court of Appeals. Thus. Among the defenses raised by Adams is that he has diplomatic immunity. Page 19 of 445 Political and Public International Law . 397 SCRA244 (2003)]. SUGGESTED ANSWER: As counsel of Adams. argue for the dismissal of the complaint. argue why his complaint should not be dismissed on the ground of defendant Adams’ diplomatic immunity from suit. for failure to prove his guilt beyond reasonable doubt.

As counsel of Abad. C. such as air conditioning units. The provision in the contract regarding the venue of lawsuits is not necessarily a waiver of sovereign immunity from suit. I shall argue that the contract is not a sovereign function and that the stipulation that any suit arising under the contract shall be filed with the proper courts of the City of Manila is a waiver of the sovereign immunity from suit of Italy. Since the establishment of a diplomatic mission requires the maintenance and upkeep of the embassy and the residence of the ambassador. At any rate. The contract does not involve a commercial activity of the ambassador. entered into a contract with Abad for the maintenance and repair of specified equipment at its Embassy and Ambassador’s Residence. Italy was acting in pursuit of a sovereign activity when it entered into the contract. water heaters. generator sets. Among the defenses they raised were “sovereign immunity” and “diplomatic immunity". 405 SCRA 126 (2003)]. [Republic of Indonesia v. because the suit relates to a commercial activity. I shall also argue that the ambassador does not enjoy diplomatic immunity. it provided that any suit arising from the contract shall be filed with the proper courts in the City of Manila. refute the defenses of “sovereign immunity” and “diplomatic immunity” raised by the State of Italy and its Ambassador. electrical facilities. through its Ambassador. Vinzon. Claiming that the Maintenance Contract was unilaterally. It was stipulated that the agreement shall be effective for a period of four years and automatically renewed unless cancelled. and water motor pumps. Further. Italy. what should be the court's ruling on the said defenses? (5%) (2005 Bar Question) SUGGESTED ANSWER: As counsel of Abad. because it is connected with his official functions. The court should reject the defenses. General Principles and State Policies The separation of Church and State is most clearly violated when _______________. baselessly and arbitrarily terminated. (1%) (2013 BAR) (A) the State funds a road project whose effect is to make a church more accessible to its adherents (B) the state declares the birthplace of a founder of a religious sect as a national historical site Page 20 of 445 Political and Public International Law . It should be interpreted to apply only where Italy elects to sue in the Philippine courts or waives its immunity by a subsequent act. Abad sued the State of Italy and its Ambassador before a court in the City of Manila.

restricts and Impairs Philippine sovereignty and means among others that Congress could not pass legislation that will be good for our national interest and general welfare if such legislation will not conform with the WTO Agreements. Refute this argument. (C) the State expropriates church property in order to construct an expressway that. Angara. The Constitution did not envision a hermit-like isolation of the country from the rest of the world. SUGGESTED ANSWER: (E) the state allows prayers in schools for minor children without securing the prior consent of their parents. Article II of the Constitution adopts the generally accepted principles of international law as part of the law of the land. The Philippines follows this doctrine. Article II of the Constitution states that the Philippines adopts the generally accepted principles of international law as part of the law of the land. (5%) (2000 Bar Question) SUGGESTED ANSWER: According to Tanada v. the sovereignty of the Philippines is subject to restriction by its membership in the family of nations and the limitations imposed of treaty limitations. because Section 2. ALTERNATIVE ANSWER: (D) What do you understand by the “Doctrine of Incorporation in Constitutional Law? (1997 Bar Question) SUGGESTED ANSWER: The doctrine of incorporation means that the rules of international law form part of the law of the land and no legislative action is required to make them applicable to a country. The Philippines has become a member of the World Trade Organization (WTO) and resultantly agreed that it “shall ensure the conformity of its laws. 272 SCRA 18(1997). One of such principles is pacta sunt servanda. among others. Section 2. provides easy access to the Church’s main cathedral (D) the State gives vehicles to bishops to assist the in church-related charitable projects (E) the State allows prayers in schools for minor children without securing the prior consent of their parents. regulations and administrative procedures with its obligations as provided in the annexed Agreements." This is assailed as unconstitutional because this undertaking unduly limits. Page 21 of 445 Political and Public International Law .

Any extension of the proclamation of martial law or suspension of the writ can only be granted by Congress which will determine also the period of such extension. SUGGESTED ANSWER: The President’s power to suspend the privilege of the writ of habeas corpus and to proclaim martial law is subject to several checks by Congress and by the Supreme Court. suspend the Constitution or supplant the courts and the legislature. Discuss fully the provisions of the 1987 Constitution. but Congress can cut short its effectivity by revoking the proclamation by the vote of at least a majority of all its members. 2. Sec. The Constitution thus overrules the cases of Garcia- Page 22 of 445 Political and Public International Law . The proclamation of martial law or suspension of the writ is effective for 60 days only. On the other hand. in this case. Proclamation of martial law. in accordance with its rules. The President cannot. Nor does the suspension of the writ deprive courts of their power to admit persons to bail. Art. by means of the proclamation of martial law. 1 imposes upon the courts the duty of" determining whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the other branches of the government. voting. 59 SCRA 183. if it is not in session. so that the decision on Aquino v. Neither can he authorize the trial of civilians by military tribunals so long as courts are open and functioning.(1973) is now overruled. Ponce Enrile. the Supreme Court exercises a check on Executive action in the form of judicial review at the instance of any citizen. This is especially noteworthy in the Commander-in-Chief powers of the President which substantially affects what was styled under the past dispensation as the “calibrated response” to national emergencies. where proper. To suspend the privilege of the writ of habeas corpus 2. VIII. the President. Lansang. and Congress is in turn required to convene. jointly. within 24 hours following the proclamation of martial law or the suspension of the privilege without need of any call. The Constitution embodies in this respect the ruling in Garcia v. His proclamation of martial law does not carry with it the suspension of the writ of habeas corpus. thus overruling the case of Aquino v. limits and the role of the principle of checks and balances on the President’s exercise of the power: (1987 Bar Question) 1. 63 SCRA 546 (1975). giving the scope. One of the features of the government established under the 1987 Constitution is the restoration of the principle of checks and balances. Indeed. The President is required to report to Congress within 48 hours his action in declaring martial law or suspending the privilege of the writ. 42 SCRA 448 (1971) that the Court can determine the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege or the extension thereof not for the purpose of supplanting the judgment of the President but to determine whether the latter did not act arbitrarily. Military Commission No.

the other members will each send a battalion-size unit of their respective armed forces to conduct a combined military exercise in the Subic Bay area. Page 23 of 445 Political and Public International Law . Article XVII of the Constitution prohibits in the absence of a treaty is the stationing of troops and facilities of foreign countries in the Philippines. As the Judge. In Marasigan vs. it was held that such a memorandum circular is void. whose application for optional retirement was denied because he was below 65 years of age and was not physically incapacitated. An existing law grants government employees the option to retire upon reaching the age of 57 years and completion of at least 30 years of total government service. (D) Congress expands the appellate jurisdiction of the Supreme Court. (C) the President does not release the countryside development funds to members of Congress. 150 SCRA 1. Explain. (1989 Bar Question) SUGGESTED ANSWER: Yes. The system of checks and balances operates when (A) the President nullifies a conviction in a criminal case by pardoning the offender. of local facilities. the contention of the employee is correct. 121 SCRA 472 (1983) and Morales v. (B) Congress increases the budget proposal of the President. Under the executive agreement entered into between the Philippines and the other members of the ASEAN. the memorandum circular tried to amend the law. Such a power is lodged with the legislative branch and not with the executive branch. filed an action in court questioning the disapproval of his application claiming that the Memorandum Circular is void. (1996 Bar Question) SUGGESTED ANSWER: As a judge. By introducing physical capacity as an additional condition for optional retirement. A group of concerned citizens sought to enjoin the entry of foreign troops as violative of the 1987 Constitution that prohibited the stationing of foreign troops and the use by them. Is the contention of the employee correct? Explain. Cruz. Ponce Enrile. A government employee. as defined by the Constitution. 121 SCRA 538 (1983). It does not include the temporary presence in the Philippines of foreign troops for the purpose of a combined military exercise. What Section 25. I shall dismiss the case. As a fiscal re-trenchment measure. Ponce Enrile. Besides. decide the case. the Office of the President later issued a Memorandum Circular requiring physical incapacity as an additional condition for optional retirement age of 65 years. Padilla v.

the filing of an action interfering with the defense of the State amounts to a suit against the State without its consent. Article II of the Constitution provides: “The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. taking into account their maternal functions. Such law shall take effect only upon its ratification by the people in a national referendum. Article XIII of the Constitution provides: The State shall protect working women by providing safe and healthful working conditions. a national anthem. Tizon. ecology? C. which shall all be truly reflective and symbolic of the ideals. or a national seal.. history. working women? B." D. Section 16. science and technology? SUGGESTED ANSWER: A. the symbols of statehood? D. What is the state policy on: (1994 Bar Question) A. as consecrated and honored by the people and recognized by law." Page 24 of 445 Political and Public International Law ." Section 2. 57 SCRA 3. Section 22." B. Article XVII of the Constitution provides: “The flag of the Philippines shall be red. Article II of the Constitution provides: “The State shall protect and advance the right of the people and their posterity to a balanced and healthful ecology in accord with the rhythm and harmony of nature. cultural minorities? E. the holding of the combined military exercise is connected with defense. Section 14. In accordance with the ruling in Baer vs. and blue. Article XVI of the Constitution states: “The Congress may. adopt a new name for the country. with a sun and three stars. which is a sovereign function. and traditions of the people." C. and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. by law. white. Section 1.

high-level technical manpower and skilled workers and craftsmen shall be promoted by the State. Section 5. Article XIV of the Constitution states: “The State shall recognize. traditions. Article XII of the Constitution reads: “The State. professionals. The State shall encourage appropriate technology and regulate its transfer for the national benefit. social and cultural well-being. subject to prior rights. including lands of the public domain under lease or concession suitable to agriculture. The State may resettle landless farmers and farm workers in its own agricultural estates which shall be distributed to them in the manner provided by law. Section 3. homestead rights of small settlers. and sports to foster patriotism and nationalism. in the disposition or utilization of other natural resources. science and technology. Article XTV of the Constitution states: Page 25 of 445 Political and Public International Law . entrepreneurs. Section 17. arts. culture. and promote total human liberation and development. It shall consider these rights in the formulation of national plans and policies. managers." Section 6. Article XII of the Constitution reads in part: “The sustained development of a reservoir of national talents consisting of Filipino scientists. Section 14. and institutions. subject to the provisions of this Constitution and national development policies and programs." Section 17. XVII of the Constitution provides: “The State shall apply the principles of agrarian reform or stewardship. and the rights of indigenous communities to their ancestral lands. “The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of the ancestral domains. Article II of the Constitution provides: “The State shall give priority to education." E. shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic. respect and protect the rights of indigenous cultural communities to pre-serve and develop their cultures. whenever applicable in accordance with law. Art. Sub-section 2. accelerate social progress.

Article XIV of the Constitution declares: “Science and technology are essential for national. the State adopts and Page 26 of 445 Political and Public International Law . Does the 1987 Constitution provide for a policy of transparency in matters of public interest? Explain. to encourage private participation in programs of basic and applied scientific research. development and progress. local governments. encourage critical and creative thinking. the 1987 Constitution provides for a policy of transparency in matters of public interest." Section 11. and their utilization: and to science and techno logy education. Article II of the 1987 Constitution provides: “Subject to reasonable conditions prescribed by law. and community-based organizations in the generation and utilization of science and technology." Section 10. appreciation of the role of national heroes in the historical development of the country. and promote vocational efficiency. one provision quoted/discussed by the examinee should be sufficient for him to be given full credit. innovation. Section 28. It shall support indigenous. Scholarships. scientists. strengthen ethical and spiritual values. Article XIV of the Constitution provides: “The Congress may provide for incentives. invention. appropriate. Further. The State shall give priority to research and development. grants-in-aid or other forms of incentives shall be provided to deserving science students. teach the rights and duties of citizenship. then he should be given full credit. and their application to the country’s productive systems and national life. It shall encourage widest participation of private groups. foster love of humanity. Article XIV of the Constitution reads: “The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. and self-reliant scientific and cultural capabilities. (1989 Bar Question) ANSWER: Yes. and specially gifted citizens. investors. training services. respect for human rights. technologists. including tax deductions. researchers. “They (educational institutions) shall inculcate patriotism and nationalism." Section 12." NOTE: It is suggested that if an examinee gave a substantive answer without giving the exact provisions of the Constitution. develop moral character and personal discipline. broaden scientific and technological knowledge.

(1996 Bar Question) SUGGESTED ANSWER: The law dividing the Philippines into three regions. the Constitutional Commission and other constitutional offices. and officers of the armed forces with general or flag rank filed upon their assumption of office shall be disclosed to the public in the manner provided by law. Article XII of the Constitution declares: “Information on foreign loans obtained or guaranteed by the government shall be made available to the public. Article VI of the 1987 Constitution reads: “The records and books of account of the Congress shall be preserved and be open to the public in accordance with law. A law was passed dividing the Philippines into three regions (Luzon. or decisions. 74930. the Members of the Cabinet. it violates Article I. which are vested in the Central government. Feb. these provisions on public disclosures are intended to enhance the role of the citizenry in governmental decision-making as well as in checking abuse in government. the Vice-President. the sworn statement of assets. liabilities and net worth of the President. Is the law valid? Explain. No. 1989. Article XI of the 1987 Constitution. the Supreme Court. Belmonte. G. and Mindanao). each constituting an independent state and vesting in a central government matters of foreign relations. Article III of the 1987 Constitution states: “The right of the people to information on matters of public concern shall be recognized. 13. and papers pertaining to official acts.R. implements a policy of full disclosure of all its transactions involving public interest. Access to official records. First. transactions. is unconstitutional. Section 21. Visayas. the Congress.” Under Section 17. shall be afforded the citizen. which guarantees the Page 27 of 445 Political and Public International Law . each constituting an Independent state except on matters of foreign relations. and national taxation. national defense.” Section 20. subject to such limitations as may be provided by law. national defense and national taxation. and to documents. as well as to government research data used as basis for policy development. and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each member.” Section 7.” As held in Valmonte vs.

sec. it violates Section 15. if not erroneous. therefore. The Senators on the other hand. and had even warned that no treaty or international agreement may go into effect without the concurrence of two-thirds of all members of the Senate. sec. It declares as a state policy that “the Philippines. 25) A mere agreement. With respect to the provision allowing nuclear weapons within the bases. XVIII. and without any basis at all. Fifth. provides for national unity and development. without the concurrence of at least 2/3 of all the members of the Senate will not be valid (Art. Third. which. VII. ratified by a majority of the votes cast by the people in a national referendum. adopts and pursues a policy of freedom from nuclear weapons in its territory. 21.” (Art. it violates the sovereignty of the Republic of the Philippines. XVIII. the deliberations of the Constitutional Commission would seem to indicate that this provision of the Constitution is “not something absolute nor 100 percent without exception. Second. “it is completely wrong. which provides for the establishment of democratic and republic States by replacing it with three States organized as a confederation. while others lament the latter’s opinion as “questionable.” and “is an amendment of the Constitution by misinterpretation. sec. 4). The President forthwith announced that she finds the same opinion “acceptable” and will adopt it. which. when the Congress so requires. integrity of the national territory of the Philippines because it divided the Philippines into three states.” (Art. led by the Senate President.” Some members of the Lower House agree with Secretary Ordonez. troops or facilities are to be allowed after the expiration of the present Philippine-American Military Bases Agreement in 1991. The Secretary of Justice had recently ruled that the President may negotiate for a modification or extension of military bases agreement with the United States regardless of the “no nukes” provisions in the 1987 Constitution.” Do you or do you not agree with the aforementioned ruling of the Department of Justice? Why? (1988 Bar Question) SUGGESTED ANSWER: No. the Constitution appears to ban such weapons from the Philippine territory. 8) However. provides for autonomous regions in Muslim Mindanao and in the Cordilleras within the framework of national sovereignty as well as territorial integrity of the Republic of the Philippines. Fourth. Article X of the Constitution. Article II of the Constitution. are skeptical. it violates Section 1. II.” It may therefore be that circumstances may justify a provision on nuclear Page 28 of 445 Political and Public International Law . it must be “under a treaty duly concurred in by the Senate and. sec. while recognizing and promoting the rights of indigenous cultural communities. unfortunate. consistent with the national interest. it violates Section 22. Article II of the Constitution. Art. not a treaty. A former senator had said. The Constitution provides that if foreign military bases.

Vol. Vol.) SUGGESTED ANSWER: Article II. in part. 296.. 4th ed. 133. International Law and municipal law are supreme in their own respective fields. that the “Armed Forces of the Philippines is the protector of the people and (of) the State. (Record of the Constitutional Commission. which would you take and why? (2003 Bar Question) SUGGESTED ANSWER: I shall take the proposition for Team C." Describe briefly what this provision means. Article II. Principles of Public International Law. weapons.) Under Article II. V. Section 3 of the 1987 Constitution means that the Armed Forces of the Philippines should not serve the interest of the President but of the people and should not commit abuses against the people. (Record of the Constitutional Commission. If you were given a chance to choose the correct proposition. The 1987 Constitution of the Philippines: A Commentary. Section 3 of the 1987 Constitution can be interpreted to mean that the Armed Forces of the Philippines can be a legitimate instrument for the overthrow of the civilian government If it has ceased to be the servant of the people. V. p. Manalo v.International law prevails over municipal law. 296. Is the Philippine National Police covered by the same mandate? (2003 Bar Question) SUGGESTED ANSWER: Article II.) An organization of law students sponsored an inter-school debate among three teams with the following assignments and propositions for each team to defend: Team “A” . because the latter is separate and distinct from the former.Municipal law prevails over international law Team "C" . Manalo v. because it is separate and distinct from the Armed Forces of the Philippines. (Brownlie. Sistoza. Neither has hegemony over the other. If it is an Page 29 of 445 Political and Public International Law .) This provision is specifically addressed to the Armed Forces of the Philippines and not to the Philippine National Police. p. Section 2 of the 1987 Constitution. Section 3. (Record of the Constitutional Commission. Vol. 312 SCRA 239 [1999]. (Bernas. of the 1987 Constitution expresses. Team "B" . 66. they will uphold the Constitution over international law.) This provision does not apply to the Philippine National Police. 157.A country’s Constitution prevails over international law but international law prevails over municipal statutes. Sistoza. if it is Philippine courts that will decide the case. 312 SCRA 239 [1999]. 2003 ed. p. p. Since they merely have the force of law. V. the generally accepted principles of international law form part of the law of the land. p.

COMELEC holds. The duty is imposed on all citizens without distinction as to gender. or FALSE if the statement is false. Article VII. “A country’s Constitution prevails over international law but international law prevails over municipal statutes”. there are no norms higher than constitutional norms. it will uphold international law over municipal law. Hence. Lantion and Philip Morris decisions. military or civil service (Section 4. Article II of the Constitution). In the defense of the state. In the Philippine legal system.5% (2006 Bar Question) SUGGESTED ANSWER: The provisions of the Constitution which institutionalize the principle of civilian supremacy are Section 3. The fact that the Constitution makes generally accepted principles of international law or conventional international law as part of Philippine law does not make them superior to statutory law. a statute enacted later than the conclusion or effectivity of a treaty may prevail. this may be resolved by lex posteriori derogat lex priori as the Supreme Court obiter dictum in Abbas v. and Section 18. Answer TRUE if the statement is true. As held by the Permanent International Court of Justice in the case of the Polish Nationals in Danzig. which makes civilian authority supreme at all times over the military. as clarified in Secretary of Justice v. which makes the President the commander. subject to the place of international law in the Philippine Constitutional setting in which treaties or customary norms in international law stand in parity with statutes and in case of irreconcilable conflict. a State cannot invoke its own Constitution to evade obligations incumbent upon it under international law. (5%) (2009 Bar Question) A law that makes military service for women merely voluntary is constitutional. SUGGESTED ANSWER: False. however. all citizens may be required by law to render personal. Page 30 of 445 Political and Public International Law .in-chief of the armed forces of the Philippines. Explain your answer in not more than two (2) sentences. Article II. This is. namely. international tribunal that will decide the case. TRUE or FALSE. What Constitutional provisions institutionalize the principle of civilian supremacy? 2. SUGGESTED ANSWER: I would take the proposition assigned to Team “C” as being nearer to the legal reality in the Philippines.

(2%) (2009 Bar Question) SUGGESTED ANSWER: The case will not prosper. it has not been shown that the least intrusive means possible was used so that the free exercise of religion is not infringed any more than necessary (Estrada v. courts must respect the autonomy of the religious sect in such matters (Taruc v. the Kabataan at Matatandang Makabansa (KMM) wrote the Department of Foreign Affairs (DFA) Page 31 of 445 Political and Public International Law . but maintains that this conjugal understanding is in conformity with their religious beliefs. SUGGESTED ANSWER: It may make military service voluntary on females because of substantial difference. Will Jenny’s case prosper? Explain your answer. Jenny filed suit in court. is a Division Chief in the Department of Science and Technology. seeking the removal of the Grand Elder from the religious sect on the ground that his act in supporting Angelina not only ruined the reputation of their religion. De la Cruz. A loose organization of Filipinos. also a member of Yahweh’s Observers. she admits her live-in arrangement. but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. Meanwhile. The Philippine Government is negotiating a new security treaty with the United States which could involve engagement in joint military operations of the two countries’ armed forces. not her husband. (3%) (2009 Bar Question) SUGGESTED ANSWER: Angelina should be exonerated. This involves the performance of the official functions of religious authorities. Jenny. was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Because of separation of Church and State. Yahweh’s Observers. Angelina. the Grand Elder of the sect affirmed Angelina’s testimony and attested to the sincerity of Angelina and her partner in the profession of their faith. Second. 492 SCRA 1 [2006]). it has not been shown that there is compelling state interest which will be undermined by granting her an exemption. Escritor. If you were to judge this case. will you exonerate Angelina? Reasons. they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. 453 SCRA 123 [2005]). for the last fifteen (15) years. At the formal investigation of the administrative case. She had been living with a married man. First. As members of the religious sect. Administratively charged with immorality and conduct prejudicial to the best interest of the service. a married woman.

Separation of powers Which phrase best completes the statement . Diplomatic negotiations are privileged in order to encourage a frank exchange of exploratory ideas between the parties by shielding the negotiations from public view (Akbayan Citizens Action Party v. the accountability of public officers. and the national economy and patrimony. and the judicial. Belmonte. 558 SCRA 468 [2008]). 170 SCRA256 [1989]). and the Department of National Defense (DND) demanding disclosure of the details of the negotiations. contending that premature disclosure of the offers and counter. The right to information under the Constitution does not exclude contracts of public interest and are not privileged (Section 7. KMM filed suit to compel disclosure of the negotiation details. the legislative. Valmonte v. state policies.offers between the parties could jeopardize on-going negotiations with another country.. 2005 ED. the constitutional commissions. Article III of the Constitution. the executive. invoking the constitutional right of the people to information on matters of public concern. P. and the self-evident social justice provisions. and be granted access to the records of the meetings. and social justice and human rights. the bill of rights. d. c.The starting point of the principle of separation of powers is the assumption of the division of the functions of government into three distinct classes: (2012 BAR EXAMS) a. b. Aquino. as well as copies of the minutes of the meetings. Decide with reasons. D.70 Page 32 of 445 Political and Public International Law . PHILIPPINE POLITICAL LAW. Will your answer be the same if the information sought by KMM pertains to contracts entered into by the Government in its proprietary or commercial capacity? Why or why not? (3%) (2009 Bar Question) SUGGESTED ANSWER: KMM is entitled to have access to information pertaining to government contracts entered into by the Government in the exercise of its proprietary or commercial capacity. CRUZ. the non-self-executing provisions. The DFA and the DND refused. SUGGESTED ANSWER D. (3%) (2009 Bar Question) SUGGESTED ANSWER: The petition of KMM must be denied. the self-executing provisions.

A financial assistance scheme called . By being involved in the implementation of the law. 562 SCRA 251 [2008]. should not exceed sixty days” under Section 6 (3). (Abakada Guro Party List v. No. After finding the existence of probable cause. 128055. One of the provisions of the law gave the Joint-Congressional Oversight Committee authority to screen the list of beneficiary families initially determined by the Secretary of Department of Social Welfare and Development pursuant to the Department implementing rules. According to the prosecution. cited in Santiago v. (4%) 2015 BAR ANSWER: The Senators contention in untenable or “unavailing. The power of each House of Congress to “punish its Members for disorderly behavior.” and “suspend or expel a Member” by a vote of two-thirds of all its Members subject to the qualification that the penalty of suspension. Is the grant of authority to the Oversight Committee to screen beneficiaries constitutional? (3%) (2009 Bar Question) Decide with reasons. prescinding from the fact that the latter is not being imposed on petitioner for misbehavior as a Member of thye House of Representatvives. G.to screen beneficiaries is unconstitutional. vs.conditional cash transfers" was initially funded 500 million pesos by Congress. a resident of Smokey Mountain in Tondo. 118364. It violates the principle of separation of powers. SUGGESTED ANSWER: The grant of authority to the Oversight Committee . Senator Fleur De Lis is charged with plunder before the Sandiganbayan. No. Jr. Purisima. the suspension should last until the termination of the case. 08 August 1995.R. Sandiganbayan. Article VI of the Constitution is “distinct” from the suspension under the Plunder Law. G. Sandiganbayan. Mang Pandoy. Senator Lis vigorously opposes the motion contending that only the Senate can discipline its members.. the Oversight Committee will be exercising executive power. Is Senator Lis's contention tenable? Explain.) A group of losing litigants in a case decided by the Supreme Court filed a Page 33 of 445 Political and Public International Law .” He can be validly preventively suspended under the Plunder Law. and that to allow his suspension by the Court would violate the principle of separation of powers. 2001) The “Poverty Alleviation and Assistance Act "was passed to enhance the capacity of the most marginalized families nationwide. the court issues a warrant for the Senator's arrest. et al. “which is not a penalty but a preliminary.R. when imposed. The prosecution files a motion to suspend the Senator relying on Section 5 of the Plunder Law. preventive measure.” (Ceferino Paredes. April 18. questioned the authority of the Committee.

c. The Ombudsman can entertain the complaint for this purpose. Delegation of powers Which one of the following theories does not support the valid delegation of authority by the Congress to an administrative agency: (2012 BAR EXAMS) Page 34 of 445 Political and Public International Law . the President pardons a convict as a way to set aside or modify a judgment of the judiciary. Arcticle VII of Constituion F. Section 19. pursuant to the principle of separation of powers. as a check of the president. d. complaint before the Ombudsman charging the Justices with knowingly and deliberately rendering an unjust decision in utter violation of the penal laws of the land. 148 SCRA 382 [1987]. the correctness of the decisions of the Supreme Court as final arbiter of all justiciable disputes is conclusive upon all other departments of the government. the Ombudsman has no power to review the decisions of the Supreme Court by entertaining a complaint against the Justices of the Supreme Court for knowingly rendering an unjust decision. the legislature passes a law that prohibits the president from commuting a judiciary imposed sentence. SUGGESTED ANSWER: Article XI. Can the Ombudsman validly take cognizance of the case? Explain. the judiciary overturns a pardon granted by the President as a check on executions. (2003 Bar Question) SUGGESTED ANSWER: No. Section 22 of the Ombudsman Act provides that the Office of the Ombudsman has the power to investigate any serious misconduct allegedly committed by officials removable by impeachment for the purpose of filing a verified complaint for impeachment if warranted. the Ombudsman cannot entertain the complaint. Section 1 of the 1987 Constitution provides that public officers must at all times be accountable to the people. b. E. SUGGESTED ANSWER A. As stated in the case of In re: Laureta. Checks and balances Which of the following best exemplifies how the system of checks and balances is carried out: (2012 BAR EXAMS) a. the President pardons an accused after arraignment in the interest of justice.

90 (1989) G. SUGGESTED ANSWER: D. Dacuycuy. 310 SCRA 304 The two accepted tests to determine whether or not there is a valid delegation of legislative power are the Completeness Test and the Sufficient Standard Test. b. upon conviction. 32. or by imprisonment. (4%) (2005) SUGGESTED ANSWER: The provision granting the court the authority to impose a penalty of imprisonment in its discretion is unconstitutional. Explain each. The Sufficient Standard Test means that the limits to which the delegate must conform in the performance of his functions are determinate or determinable. UNITED BF HOMEONWERS ASSOCIATION VS BF HOMES INC.-A person who shall willfully interfere with. (4%) (2005 Bar Question) SUGGESTED ANSWER: The Completeness Test means that the law must set forth the policy to be carried out by the delegate.4670 (The Magna Carla for Public School Teachers) reads: Sec. Is the proviso granting the court the authority to impose a penalty of imprisonment in its discretion constitutional? Explain briefly. [Rodrigo v. The courts are given wide latitude to fix the term of the imprisonment without any sufficient standard. 173 SCRA. be punished by a fine of not less than one hundred pesos nor more than one thousand pesos. Sandiganbayan. an administrative agency may "fill up the details" of a statute. restrain or coerce any teacher in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat any of the provisions of this Act shall. a. in the discretion of the court. This power is essentially legislative. Neither a minimum nor a maximum deviation was set by the legislature. [People v. d. c. Forms of government In a unitary system of government. Penal Provision. 309 SCRA 661 (1999)] Section 32 of Republic Act No. the legislature may leave to another body the ascertainment of facts necessary to bring the law into actual operation. contingent legislation. such as the government under the Philippine Page 35 of 445 Political and Public International Law . an administrative agency has equal expertise with the legislature in crafting and implementing laws.

b. d. 2. concentration of power in the judiciary thru the power of expanded judicial review. whose members hold office for a fixed term. The President enjoys a prominent position as chief executive (Bernas. regular periodic election of the President for a fixed term. It is suggested that either (b) or (c) may be accepted as a correct answer What is the principal identifying feature of a presidential form of government? Explain. c. a sovereign nation. Minister of Labor and Employment. A chief characteristic of the presidential form of government is: ((2012 BAR EXAMS)) a. Page 36 of 445 Political and Public International Law . d. 2003 ed. Pryce Properties Corporation. Republicanism means: ((2012 BAR EXAMS)) a. p 52). a sovereign entity. the form of government must be presidential. and (c) section 4. ANSWER: (B) Free Telephone Workers Union vs. unlimited term for the President for as long as elected by the people in free and honest elections. The 1987 Constitution of the Republic of the Philippines: A Commentary. article vii of constitution. b. Constitutor. an imperuim in imperio.5% (2006 Bar Question) SUGGESTED ANSWER: The principal identifying feature of a presidential form of government is the principle of separation of powers. d. the representatives of the government are elected by the people. 234 Scra 255 The Constitution declares that the Philippines is a republican state. Judicial power is given to an independent judiciary. SUGGESTED ANSWER: (b) Magtajas Vs. c. an infa-sovereign subdivision. Legislative power is given to the lVegislature.. sovereignty resides in the elected representatives of the government. supremacy of the presidency compared to the totality of powers of the legislative. b. who holds office for a fixed term. the form of government cannot be changed by the people. c. 108 scra 757. local government can only be: ((2012 BAR EXAMS)) a. Executive power is given to a separate executive.

Date of regular election for President and Vice Presidential. Legislative Department A. SECTION 4. Commencement of the term of office of Senators. pp. c. The Prime Minister can dissolve the legislature and call for new elections. The Prime Minister may be removed on a vote of “no- confidence”. The cabinet remains in power only so long as it enjoys the support of the majority of the legislature. The Prime Minister is the head of the cabinet. Who may exercise legislative power 1. In a parliamentary form of government. the cabinet. (D) SECTION 8. in times of war or other national emergency. Regular election of the members of Congress.53. c. d. ARTICLE VI OF CONSTITUTION Congress shall have the sole power to declare the existence of a state of war by vote of: (2012 BAR EXAMS) Page 37 of 445 Political and Public International Law . are simultaneously members of the legislature. and other duties. ARTICLE VI OF CONSTITUTION. within the framework of the national development program of the government. import and export quotas. within specific limits. IIn a parliamentary form of government.) III. Commencement of the term of office of Senators. law authorizing the President to fix. d. b. UNITED STATE VS. law authorizing the President. SUGGESTED ANSWER a. b. to exercise powers necessary and proper to carry out a declared national policy. SECTION 4. ANG TANG HO. legislation by local government on purely local matters. ibid. for a limited period. tariff rates. 52. ARTICLE VII OF CONSTITUTION. Authority to transfer appropriation. law granting an administrative agency the power to define policy and fix standards on price control. Congress Identify which one is an invalid exercise of the legislative power: (2012 BAR EXAMS) a. subject to prescribed restrictions. there is fusion of executive and legislative powers in the legislature (Bernas. the executive arm. SUGGESTED ANSWER: C. 43 PHIL 1 Which of the following can be changed by an ordinary law enacted by Congress? (2012 BAR EXAMS) a.

(Art. (1988 Bar Question) SUGGESTED ANSWER: A bill passed by Congress may become a law in any of the following cases: (A) If it is signed into law by the President. a. or both such imprisonment and fine. in the discretion of the court. two-thirds of both Houses in separate session assembled. can it be provided in the implementing rules and regulations promulgated by the Department Secretary that their violation will also be subject to the same penalties as those provided in the law itself? Explain your answer fully. sec. SUGGESTED ANSWER: (D) SECTION 23(2) ARTICLE VI OF CONSTITUTION A bill upon filing by a Senator or a Member of the House of Representatives goes through specified steps before it leaves the House of Representatives or the Senate. b. VI. voting jointly. (5%) (2002 Bar Question) SUGGESTED ANSWER: The rules and regulations promulgated by the Secretary of Human Habitat cannot provide that the penalties for their violation will be the same as the penalties for the violation of the law. c. (B) If it is repassed over the President’s veto by the vote of two thirds of all the members of the House of Representatives and of the Senate. Suppose further that the law declared that violation of the implementing rules and regulations so issued would be punishable as a crime and authorized the Department Secretary to prescribe the penalty for such violation. (Id. d. Are the following bills filed in Congress constitutional? (1996 Bar Question) Page 38 of 445 Political and Public International Law . the fixing of the penalty for criminal offenses involves the exercise of legislative power and cannot be delegated. As held In United States v. as the case may be. two-thirds of both Houses in joint session assembled. Barrias. (Id. voting jointly. two-thirds of both Houses in joint session. 327 (1908). 11 Phil.) (C) If the President fails to veto it within thirty days after receipt thereof and communicate the veto to the House from which it originated. voting separately. for example. please name the three methods by which said bill may become a law.) Suppose that Congress passed a law creating a Department of Human Habitat and authorizing the Department Secretary to promulgate implementing rules and regulations.00. with imprisonment of three (3) years or a fine in the amount of P 10. If the law defines certain acts as violations of the law and makes them punishable. The law itself must prescribe the penalty. 27(1)). three-fourths of both Houses in joint session assembled. After leaving the legislature.000. voting jointly.

In Association of Small Landowners of the Philippines. The charter set the corporate life of MWMC at 50 years with a proviso that Congress may not abolish MWMC until after the completion of the memorial. vs. 2) A bill creating a joint legislative-executive commission to give. because under Section 21. Secretary of Agrarian Reform 175 SCRA 343. Congress enacted a law abolishing the MWMC and requiring that the funds raised by it be remitted to the National Treasury. on behalf of the Senate. because the appropriation of public funds is not the principal purpose of the bill. Explain. with the primary function of overseeing the construction of a massive memorial in the heart of Manila to commemorate victims of the 1945 Battle of Manila. it was held that a law is not an appropriate measure if the appropriation of public funds is not its principal purpose and the appropriation is only incidental to some other objective. its advice. The MWMC charter provided an initial appropriation of P1. Decide with reasons. the concurrence of at least two-thirds of the Senate itself is required for the ratification of treaties.squatters. the memorial was only 1/3 complete. which provides for the creation of the Public Utility Commission to regulate public service companies and appropriating the initial funds needed to establish the same. Explain. (6%) (2008 Bar Question) SUGGESTED ANSWER: Page 39 of 445 Political and Public International Law . and the memorial site itself had been overrun by. Article VII of the Constitution. its advice. Inc. consent and concurrence to treaties entered into by the President. In 1963. arguing that under its charter its mandate is to complete the memorial no matter how long it takes. Forty-five (45) years later. and set aside a parcel of land in Malate for the memorial site. Congress passed a law creating a government. The Senate cannot delegate this function to such a commission. 1) A bill originating from the Senate. empowered the corporation to raise funds in its own name. on behalf of the Senate. (1996 Bar Question) 2) A bill creating a joint legislative-executive commission to give. consent and concurrence to treaties entered into by the President. The MWMC challenged the validity of the law.000. The bill contains the guidelines to be followed by the commission in the discharge of its functions.owned corporation named Manila War Memorial Commission (MWMC).000. (1996 Bar Question) SUGGESTED ANSWER: 1) A bill providing for the creation of the Public Utility Commission to regulate public service companies and appropriating funds needed to establish it may originate from the Senate. It is not an appropriation bill.

They cited the Court’s decision in Santiago v.Commission on Elections (505 SCRA 160 [2006]. According to Section 4(3). The Justices who voted to reverse the ruling constituted the minority. 270 SCRA 106 (1997). as authority for their position that there is yet no enabling law for such purpose. Commission on Elections. Commission on Election that there is as yet no enabling law for an initiative has not been reversed. The decision in Santiago v. how would you advise them? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: I shall advise those starting a people’s initiative that initiative to pass a law defining political dynasties may proceed as their proposal is to enact a law only and not to amend the constitution. They proposed to come up with a people’s initiative defining political dynasties. They started a signature campaign for the purpose of coming up with a petition for that purpose. Article VIII of the Constitution. 505 SCRA 160 (2006). (3%) (2005 Bar Question) Page 40 of 445 Political and Public International Law . however. People’s initiative on statutes Several citizens. Commission on Elections (270 SCRA 106 [1997]. because it was not necessary for deciding the case. refused to re-examine the ruling in Santiago v. a doctrine of law laid down in a decision rendered by the Supreme Court en banc may not be reversed except if it is acting en banc. On the other hand. Such laws deprive succeeding legislatures of the authority to craft laws appropriate to the milieu (City of Davao v. 467 SCRA 280 [2005]). Regional/Local legislative power 3. which has not been reversed. 2. there are also those who claim that the individual votes of the justices in Lambino v. The contention of MWMC is untenable. mean that Santiago’s pronouncement has effectively been abandoned. ALTERNATIVE ANSWER: I shall advise those starting a people’s initiative that the ruling in Santiago vs. Commission on Elections. decided to take matters into their own hands. upheld the adequacy of the provisions in Republic Act 6735 on initiative to enact a law. 270 SCRA 106 [1997]. Commission on Elections. Compare and differentiate one from the other. The majority opinion in Lambino v. An implied limitation on legislative power is the prohibition against the passage of irrepealable laws. If you were consulted by those behind the new attempt at a people’s initiative. Regional Trial Court. Some others expressed misgivings about a people’s initiative for the purpose of proposing amendments to the Constitution. unhappy with the proliferation of families dominating the political landscape. The present Constitution introduced the concepts and processes of Initiative and Referendum.

political and economic decision-making and the state is required to validate the establishment of adequate mechanism for this purpose. The framers of the 1987 Constitution and the people who ratified it made sure that provisions institutionalizing people power were incorporated in the fundamental law. amendments to the Constitution may be directly proposed by the people. their legitimate and collective interests and aspirations through peaceful lawful means. while vesting in Congress the legislative power. Briefly discuss at least two such provisions. VI. 1. For this purpose. signed by at least 10% of the total number of registered voters. 15 states that the state shall respect the role of independent people’s organization to enable them to pursue and protect. Art.. upon a petition of at least 12% of the total numbers of registered voters. For this purpose. SUGGESTED ANSWER: Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose (Section 3(a). (Section 3(c).. Is the concept of People Power recognized in the Constitution? Discuss briefly. (3%) (2000 Bar Question) B. What are the provisions of the Constitution on women? (2%) (2000 Bar Question) SUGGESTED ANSWER: A. (Id. Page 41 of 445 Political and Public International Law . 16) A. sec. the Constitution guarantees to such organizations the right to participate at all levels of social. (1987 Bar Question) SUGGESTED ANSWER: Art. of which every legislative district must be represented by at least 3% of the registered voters. to provide for a system of initiative of referendum whereby the people can directly propose and enact laws or approve or reject an act or law or part thereof passed by the Congress or the legislative bodies after the registration of a petition therefore. Sec. sec. Referendum is the power of the electorate to approve or reject a legislation through an election called for the purpose. sec. The concept of People Power is recognized in the Constitution. as early as possible. Republic Act No. 6735). of which every legislative district must be represented by at least 3% of the registered voters therein. Republic Act No. XIII. Congress is required. (Id. within the democratic framework. nonetheless states that such conferment of power shall be subject to the reservation made in favor of the people by provisions on initiatives and referendum. 6735). 32) The Constitution also provides that through initiative.

” (Section 14.building. Article XVII. and economic decision-making shall not be abridged and that the State shall. Page 42 of 445 Political and Public International Law . by law. the people may directly propose amendments to the Constitution through initiative." (Section 12. “The State recognizes the role of women in nation. Section 2 of the 1987 Constitution provides that subject to the enactment of an implementing law. Article XIII. through initiative and referendum. Article II) 3. Article XIII) Is “people power” recognized by the 1987 Constitution? Explain fully. and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. Article II) 2. the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters. by law. political and economic decision-making shall not be abridged. The following are the provisions of the Constitution on women: 1. Under Section 32. political. Section 32 of the 1987 Constitution requires Congress to pass a law allowing the people to directly propose and enact laws through initiative and to approve or reject any act or law or part of it passed by Congress or a local legislative body. facilitate the establishment of adequate consultation mechanisms. Under Section 16. Article VI of the Constitution. Article XIII of the Constitution. and shall ensure the fundamental equality before the law of women and men. taking into account their maternal functions. Article XVII of the Constitution. (2003 Bar Question) SUGGESTED ANSWER: “People power” is recognized in the Constitution." (Section 14. The State shall. of which every legislative district must be represented by at least three per centum of the registered voters thereof. B. “The State shall protect working women by providing safe and healthful working conditions. facilitate the establishment of adequate consultation mechanisms. the right of the people and their organizations to effective and reasonable participation at all levels of social. Section 16 of the 1987 Constitution provides that the right of the people and their organizations to participate at all levels of social. “It (the State) shall equally protect the life of the mother and the life of the unborn from conception. the people may directly propose amendments to the Constitution through initiative upon a petition of at least twelve per centum of the total number of registered voters. Article VI. Section 4 of the 1987 Constitution guarantees the right of the people peaceable to assemble and petition the government for redress of grievances. Under Section 2. Article III. of which every legislative district must be represented by at least three per centum of the registered voters therein.

A few months before the end of the present Congress. but it shall take effect only upon ratification by the people in a national referendum (Section 2. 4. (5%) (2009 Bar Question) A law making "Bayan Ko" the new national anthem of the Philippines. Congress may by law adopt a new national anthem. Houses of Congress 1. What are the essential elements of a valid petition for a people’s initiative to amend the 1987 Constitution? Discuss. At least twelve per cent (12%) of the registered voters. and 2." is constitutional. Strongwill was invited by the Senate to shed light in an inquiry relative to the alleged siphoning and diverting of the pork barrel of members of Congress to non-existent or fictitious projects. (C) the day he files his certificate of candidacy. Senate A candidate for Senator must be at least 35 years old on (2011 BAR) (A) the day he is duly proclaimed. Answer TRUE if the statement is true. Commission on Elections. in lieu of "Lupang Hinirang. should directly sign the entire proposal. (D) the day he takes his oath of office. The draft of the proposed amendment must be embodied in the petition (Lambino v. the leader of a non-governmental organization Page 43 of 445 Political and Public International Law . TRUE or FALSE. of which every legislative district must be represented by at least three per cent (3%) of the registered voters in it. Article XVI of the Constitution). 505 SCRA 160 [2006]). or FALSE if the statement is false. The President under a martial law rule or in a revolutionary government B. Strongwill has been identified in the news as the principal actor responsible for the scandal. (2%) (2010 Bar Question) SUGGESTED ANSWER: The elements of a valid petition for a people’s initiative are the following: 1. SUGGESTED ANSWER: True. Explain your answer in not more than two (2) sentences. (B) the day the election is held.

Accordingly. the continuing validity of its orders punishing for contempt should not be affected by its sine die adjournment (Arnault v. b. re-districting. therefore. The Congress. 29 (1950). 87 Phil. commandeering of votes. The Senate is to be considered as a continuing body of purposes of its exercise of its power punish for contempt. 564 SCRA 152 (2008). NAVARRO VS. Nazareno. Section 5(3) of the Constitution requires that for a city to be entitled to have at least one representative. In the meantime. Section 5 (3) of the Constitution that "Each legislative district shall comprise. Are the senators right? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: The Senators are right. thereafter. which ostensibly funnelled the funds to certain local government projects which existed only on paper. gerrymandering. Strongwill refused at once to cooperate. District representatives and questions of apportionment The rule in Article V1. its population shall be at least: (2012 BAR EXAMS) Page 44 of 445 Political and Public International Law . he can be detained indefinitely.612 SCRA 131 Article V1. contiguous. re-apportionment. Strongwill languished behind bars and the remaining senators refused to have him released. SUGGESTED ANSWER: C. The Senate cited him in contempt and sent him to jail until he would have seen the light. as far as practicable. compact and adjacent territory" is a prohibition against: (2012 BAR EXAMS) a. 2. House of Reperesentatives a. While the Senate as an institution is continuing in the conduct of its day to day business. ERMITA. adjourned sine die preparatory to the assumption to office of the newly-elected members. the Senate of each Congress acts separately from the Senate of the Congress before it. ALTERNATIVE ANSWER: The Senators are right. d. Senate Committee on Accountability of Public Officers and Investigation. claiming that the Senate is a continuing body and. c. At the start of the hearings before the Senate. All pending matters terminate upon expiration of each Congress (Neri v.

000. How would you answer the following questions regarding the representation of the House in the Commission on Appointments? A. 250. Of this number.000. a.000. was serving his third consecutive term in the House. ARTICLE VI OF CONSTITUTION Gerrymandering refers to the practice of: (1%) 2014 BAR EXAMS (A) creating or dividing congressional districts in a manner intended to favor a particular party or candidate (B) truancy as applied to Members of Congress (C) loafing among members of Congress (D) coming up with guessing game when it comes to legislation (E) commandeering large chunks of the budget for favored congressional districts SUGGESTED ANSWERS: (A) Creating or dividing congressional districys in a manner intended to favor a particular party or candidate X. Article X of the Constitution.000.000 SECTION 5(3). b. 175. Under Section 7. How many seats would the PPP be entitled to have in the Commission on Appointments? Explain your answer fully. having served for three consecutive terms as Member of the House of Representatives. 185 belong to the Progressive Party of the Philippines or PPP. X can run for the Senate in the 1988 election. X is only prohibited from running for the same position. (1996 Bar Question) SUGGESTED ANSWER: Yes. c. 250. d. SUGGESTED ANSWER: A. In June 1996 he was appointed Secretary of National Defense. Suppose there. 150. a member of the House of Representatives. 100. are 202 members in the House of Representatives. while 17 belong to the Citizens Party or CP. (5%) (2002 Bar Question) Page 45 of 445 Political and Public International Law . Can he run for election to the Senate in the 1998 elections? Explain.

98 seats in the Commission on Appointments. while maintaining their party affiliation. after the parties receiving at least two percent (2%) of the total votes case for the party-list system have been allocated one seat. Gonzales. When the election results came in. a political observer. a fractional membership cannot be rounded off to full membership because it will result in over-representation of that political party and under-representation of the other political parties. Section 18 of the Constitution. under the ruling in Guingona v. in accordance with Article VI. a temporary alliance between the members of one political party and another political party does not authorize a change in the membership of the Commission on Appointments. the Commission on Appointments will have to be reorganized as often as votes shift from one side to another in the House of Representatives. What effect. Suppose 15 of the CP representatives. b. Moreover. it is entitled to have ten of the twelve seats in the Commission on Appointments. Since the provision in Section 5 (2). Article VI of the Cnstitution that the party-list representatives shall constitute twenty percent (20%) of the total number of the members of the House of Representatives is mandatory. The political alliance formed by the 15 members of the Citizens Party with the Progressive Party of the Philippines will not result in the diminution of the number of seats in the Commission on Appointments to which the Citizens Party is entitled.58 per cent of the 202 members of the House of Representatives. Tan. entered into a political alliance with the PPP in order to form the “Rainbow Coalition” in the House. 214 SCRA 789 (1992). B. the remaining seats should be allocated among the parties by Page 46 of 445 Political and Public International Law . Party-list system Greenpeas is an ideology-based political party fighting for environmental causes. (5%) (2002 Bar Question) SUGGESTED ANSWER: A. since it does not represent any of the marginalized and underrepresented sectors of society. if any. How valid are the observations of Bluebean? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: The claim of Bluebean that Greenpeas is not entitled to a seal under the party-list- system because it obtained only 1. B. it only obtained 1. 5 SCRA 1 (1962). Although the 185 members of Progressive Party of the Philippines represent 10. Greenpeas is not entitled to participate under the party-list system. Bluebean.99 percent of the votes cast under the party-list- system is not correct.99 percent of the votes cast under the party-list system. claimed that Greenpeas is not entitled to any seat since it failed to obtain at least 2% of the votes. It decided to participate under the party-list system. As held in Cunanan v. would this have on the right of the CP to have a seat or seats in the Commission on Appointments? Explain your answer fully. Otherwise. The 185 members of the Progressive Party of the Philippines represent 91.

one ‘qualifying’ and two additional seats. v. Inc. that is. 7941? (4%) %) 2015 BAR EXAMS SUGGESTED ANSWER: Yes. the proportional percentage of the votes received by each party as against the total party-list votes (Barangay Association for National Advancement and Transparency v. regardless of the number of votes it actually obtained. are not barred from participating in the party-list elections. In fact. and For each of these rules.the combined number of all party-list congressmen shall not exceed twenty percent of the total membership of the House of Representatives. ( Atong Paglaum vs COMELEC. 586 SCRA 211 (2009).A. As for political parties. the PMP leadership intends to join the party-list system. The three-seat limit . This sectoral wing shall be considered an “independent sectoral party” linked to a political party through a coalition. April 2. It has fielded candidates mostly for legislative district elections. however. 694 SCRA 477 (2013 BAR). B. These parties. Commission on Elections. if any. The claim of Bluebean that Greenpeas is not entitled to participate in the party-list elections because it does not represent any marginalized and underrepresented sectors of society is not correct. state the constitutional or legal basis. Commission on Election. what they need to do is register their sectoral wing or party under the party-list system. if they field congressional candidates. a number of its members were elected. including those elected under the party list. and the purpose.each qualified party. It is enough that its principal advocacy pertains to the special interest of its sector (Atong Panglaum.only those parties garnering a minimum of two percent of the total valid votes cast for the party-list system are “qualified” to have a seat in the House of Representatives. in the House of Representatives. The twenty percent allocation . Can PMP join the party-list system without violating the Constitution and Republic Act (R. C.) No. they may participate in the party-list race by registering under the party-list system and no longer field congressional candidates. (2014 BAR EXAMS) The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a major political party which has participated in every election since the enactment of the 1987 Constitution. A. 2013) The Supreme Court has provided a formula for allocating seats for party-list representatives. (2007 Bar Question) Page 47 of 445 Political and Public International Law . and are actually serving. In the coming 2016 elections. is entitled to a maximum of three seats. The two percent threshold .

which. supra. respectively? Decide with reasons. COMELEC. B. Section 11(b) of Republic Act 7941 allows qualified parties to have a maximum of three (3) seats in the House of Representatives so that no single group will dominate the party-list seats (Veterans Federation Party v. This is because while representation in the party-list system is proportional. The Dutch Foundation for Global Initiatives.). a private organization registered in The Netherlands. because this is the maximum number of party-list congressmen (1987 Const.. Rudy seeks to register KABAKA as a party- list with himself as a nominee of the coalition'. a party is entitled to a maximum of three (3) seats regardless of the number of votes it actually obtained (Veterans Federation Party v. To have meaningful representation. a political party which is supported by any foreign government cannot be registered with the Commission on Elections. natural-born Filipino and a resident of the Philippines since birth. Art. in tum is allocated worldwide to the Foundation's partners like KABAKA. COMELEC. (4%) (2009 Bar Question) SUGGESTED ANSWER: KABAKA and Ruby are not qualified as a party list and as nominee. SUGGESTED ANSWER: A. KABAKA's operations consist of empowering fisherfolk leaders through livelihood projects and trainings on good governance. Under Section 11 (b) of Republic Act 7941. Article IX-C of the Constitution. 342 SCRA 244 [2000]). respectively. COMELEC. The party-list congressmen should not exceed twenty per cent of the total membership of the House of Representatives. Under Section 2(5). receives a huge subsidy from the Dutch Foreign Ministry. Will KABAKA and Rudy be qualified as a party-list and a nominee. supra. since KABAKA is receiving a subsidy from the Dutch Foreign Ministry. sec 5[3]. Additional seats to which a qualified party is entitled are determined by the proportion of the total number of votes it obtained in relation to the total number of votes obtained by the party with the highest number of votes. only the parties which received at least two per cent of the total votes cast for the party-list are entitled to have a seat in the House of Representatives. 38 years old. Veterans Foundation Party v. C.). VI. a coalition of peoples' organizations from fisherfolk communities. Page 48 of 445 Political and Public International Law . the elected party-list representative must have the mandate of a sufficient number of people (Veterans Federation Party v. Rudy Domingo. supra. to maintain proportional representation. is a Manila-based entrepreneur who runs KABAKA.). COMELEC.

SUGGESTED ANSWER: B. Congressman Abling engages in labor counseling. b. When labor cases arise. c. four years imprisonment. any inferior court. It is otherwise in CBA negotiations where he actively participates. Congressman Abling largely takes a passive role in the proceedings although he occasionally speaks to supplement the retained counsel’s statements. inhibitions and disqualifications A Senator or Member of the House of Representatives shall be privileged from arrest while Congress is in session for all offenses punishable by imprisonment of not more than: (2012 BAR EXAMS) a. particularly for local workers with claims against their employers and for those who need representation in collective bargaining negotiations with employers. any court of justice. won in the party list congressional elections. AWGP enters its appearance in representation of the workers and the Congressman makes it a point to be there to accompany the workers. d. Abling. Legislative privileges. SECTION 14. d. SECTION 11. a labor lawyer. reclusion perpetua. representing land-based and sea-based workers in the Philippines and overseas. ARTICLE VI OF CONSTITUTION No Senator or member of the House of Representatives may personally appear as counsel before: (2012 BAR EXAMS) a. six years imprisonment. c. feeling aggrieved that a congressman should not actively participate before labor tribunals and before employers because of the influence a congressman can wield. any appellate court. any regional court. As part of the party’s advocacy and services. b. Atty. SUGGESTED ANSWER: C. C. filed a disbarment case against the Congressman Page 49 of 445 Political and Public International Law . although a retained counsel also formally enters his appearance and is invariably there. is its nominee. Management lawyers. ARTICLE VI OF CONSTITUTION In the May 2013 elections. the Allied Workers’ Group of the Philippines (AWGP). life imprisonment.

March 20. can the PNB validly give Congressman X an extension of time after said date to settle the obligation? (1991 Bar Question) SUGGESTED ANSWER: Whether or not the loan is violative of the 1987 Constitution depends upon its purpose. G. Is the cited ground for disbarment meritorious? (6%) 2013 BAR EXAMS SUGGESTED ANSWER: Being a congressman..g. G. negotiations also involves practice of law.000. Page 50 of 445 Political and Public International Law . 9604. Section 13 of the 1987 Constitution) After 2 February 1987. 1135 SCRA 33). Atty. 694 SCRA 1). A retained counsel formally appears for AWGP. His role is largely passive and cannot be considered as personal appearance. No. e.00. the Philippine National Bank (PNB) grants a loan to Congressman X. L-5122. Abling is disqualified under Article Vi. His participation in the collective brgaining negotiations does not entail personal appearance before an administrative bode (Article VI. A. 100113. 201 SCRA 210). but was outstanding on that date with a remaining balance on the principal in the amount of P50. Section 14 of the 1987 Constitution from personally appearing as counsel before quasi-judicial and other administrative bodies handling labor cases constitutes personal appearance before them (Puyat v. No. If it was obtained for some other purpose. Abling should not be disbarred but should be merely suspended from the practice of law. If it was obtained for a business purpose. it is violative of the Constitution.C. Suspension is the appropriate penalty for involvement in the unlawful practice of law (Tapay v. Members of Congress are prohibited from obtaining loans from government-owned banks only if it is for a business purpose. Congressman Abling cannot be disbarred. in relation particularly with the prohibitions on legislators under the Constitution. Is the loan violative of the Constitution? (1991 Bar Question) Suppose the loan had instead been granted before 2 February 1987. ALTERNATIVE ANSWER: No. before the Supreme Court for his violation of the Code of Professional Responsibility and for breach of trust. because he is making use of his legal knowledge for the benefit of others (Cayetano v. Article XI. De Guzman.His involvement in collective bargaining. Monsod. 2013. No. Bancolo. 1982. September 3. for housing. 1991. it is not violative of the Constitution because under Section 16. The Bureau of Labor Relations is involved in collective bargaining negotiations (Article 250 of Labor Code) Atty.R.R.

(2%) (1998 Bar Question) SUGGESTED ANSWER: Section 13. his immunity from arrest as a Senator. As Senator. (B) Grant the motion provided he posts bail since he is not a flight risk.) Page 51 of 445 Political and Public International Law . Senator Bondoc was charged with murder and detained at the Quezon City Jail. he can retain his investments in his business. (D) Deny the motion since immunity from arrest does not apply to a charge of murder. JAR faces a dilemma: should he accept a Cabinet appointment now or run later for Senator? Having succeeded in law practice as well as prospered in private business where he and his wife have substantial investments. Article VI of the 1987 Constitution. (5%) (2004 Bar Question) SUGGESTED ANSWER: I shall advise JAR to run for Senator. Article VII of the Constitution. (C) Grant the motion so as not to deprive the people who elected him their right to be represented in the Senate. 1987. the Electoral Tribunals. in seeking leave from the court to attend the session of the Senate. In such a case the extension is a financial accommodation which is also prohibited by the Constitution. (Section 14. because the prohibition applies to both. or quasi-judicial and other administrative bodies. He invoked. if the loan was obtained for a business purpose. but he cannot personally appear as counsel before any court of justice. which prohibits Members of Congress from holding any other office during their term without forfeiting their seat. he turns to you for advice to resolve his dilemma. How should the court rule on his motion? (2011 BAR) (A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his attendance at its sessions. Article VI of the 1987 Constitution. he now contemplates public service but without losing the flexibility to engage in corporate affairs or participate in professional activities within ethical bounds. (Section 12. The rule making it incompatible for members of Congress to hold offices or employment in the government. Taking into account the prohibitions and inhibitions of public office whether as Senator or Secretary. does not distinguish between government corporations with original charters and their subsidiaries. although he must make a full disclosure of his business and financial interests and notify the Senate of a potential conflict of interest if he authors a bill. What is your advice? Explain briefly. the Philippine National Bank cannot extend its maturity after February 2. 1987.) He can continue practicing law. If the loan was granted before the effectivity of the Constitution on February 2.

Electoral tribunals and the Commission on Appointments 1. and even participated as a leader of one of the candidates in that district in the 1984 Batasan elections. of an American father and a Filipina mother. and won. Discipline of members When an elective official's preventive suspension will result in depriving his constituents of his services or representation. Congresswoman A is a co-owner of an industrial estate in Sta. Executive Secretary. [Civil Liberties Union v. 1962. the Constitutional prohibition imposed on members of the Cabinet covers both public and private office or employment. When the bill finally became law. Hawaii. Nature 2. D. Power Robert Brown was born in Hawaii on May 15. 1983 he returned to the Philippines. He will have to divest himself of his investments in his business. It only requires that if the member of Congress whose business interests will be benefited by the law is the one who will file the bill. In September. Rosa. As a member of the Cabinet. Quorum and voting majorities E. 1983 while holding an American passport. His Page 52 of 445 Political and Public International Law . he ran for Congressman. (D) shorten the period of such suspension. and took up residence at Boac. He registered as a voter. On May 16. F. he should notify the House concerned of the potential conflict of interest. A member of her political party authored a bill which would provide a 5-yeal development plan for all industrial estates in the Southern Tagalog Region to attract investors. the court may (2011 BAR) (A) require the investigating body to expedite the investigation. (C) direct the holding of an election to fill up the temporary vacancy. 194 SCRA 317 [199ID. Laguna which she had declared in her Statement of Assets and Liabilities. JAR cannot directly or indirectly practice law or participate in any business.) In fact. Section 12. Decide' with reasons. voted. Marinduque. In the elections of 1987. Article VII of the 1987 Constitution. a civil society watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman A's industrial estate. hometown of his mother. (B) hold in abeyance the period of such suspension. (Section 13. Article VI of the Constitution does not prohibit the enactment of a law which will benefit the business interests of a member of the Senate or the House of Representatives. (3%) (2009 Bar Question) SUGGESTED ANSWER: The law is constitutional. he registered as a Filipino with the Philippine Consulate at Honolulu. The plan included an appropriation of 2 billion pesos for construction of roads around the estates.

He is not a natural born Filipino citizen. Page 53 of 445 Political and Public International Law . 6). Brown should be disqualified. But the second is well taken and. sec. IV. an integral portion of the U. The Constitution requires. sec. he did not seek to change his status during his tenure as a public officer. the House Electoral Tribunal has no jurisdiction to decide this question since it does not concern the qualification of a member-elect. The provision cannot apply to Brown for the following reasons: First.. Fourth. He has a “green card” from the U. 1987. 2. 1.A. 17 is not self-executing but requires an implementing law. but above all. Brown did not seek to acquire the status of an immigrant. Government Assume that you are a member of the House Electoral Tribunal where the petition for Brown’s ouster is pending. Y was elected Senator in the May 1987 national elections. Hence on May 11. he did not become 25 years old until May 15. Second. He did not meet the age requirement. an American. among other things. 1987. 17). Brown is in addition an American citizen and thus has a dual citizenship which is allowed by the Constitution. Art. who thereafter upon reaching the age of majority elect Philippine citizenship. VI. sec. XI. but is in fact. is a citizen of the Philippines (Art. sole opponent is now questioning his qualifications and is trying to oust him on two basic claims: 1. 1973. sec. As Brown was born on May 15. He was born out of wedlock in 1949 of an American father and a naturalized Filipina mother.S. Robert Brown is a natural born citizen of the Philippines.” (Art. but is an American by birth under the principle of jus soli obtaining in the United States. born in Hawaii. he was 4 days short of the required age. who holds an American passport. therefore. 1(3)). How would you decide the three issues raised against him? (1988 Bar Question) SUGGESTED ANSWER: The first and third grounds have no merit. sec. that a candidate for member of the House of Representatives must be at least 25 years of age “on the day of the election. XI. A person born of a Filipino mother and an alien father before January 17. when the election was held. The Constitution provides that those who seek either to change their citizenship or to acquire the status of an immigrant of another country “during their tenure” shall be dealt with by law (Art. 4). 2. 3. Y never elected Philippine citizenship upon reaching the age of majority. the provision of Art. (Cf. sec. 1962. IV. 2 he is also deemed a natural-born citizen. Fifth. Under Art. and 3. IV.S. Third.

at the instance of his party (the Federal Party). should question the election of Y before the Senate Electoral Tribunal. the Senate Electoral Tribunal held that the illegitimate child of an alien father and a Filipino mother is a Filipino citizen and is qualified to be a Senator. the House of Representatives Electoral Tribunal rendered a decision upholding the election protest of protestant A. As held In Bondoc v. a member of the Federal Party. Before what body should T. and qualifications of their respective Members. 59 SCRA 45. In an election case. question the election of Y? State the reasons for your answer. In Osias v.” 2. 11. the members of the House of Representatives Electoral Tribunal are entitled to security of tenure like members of the judiciary. August 6. Y is a Filipino citizen. he is a natural born citizen of the Philippines qualified to become a Senator. against protestee B. Since Y is an illegitimate child of a Filipino mother. the losing candidate. 1. Electoral Case No. Section 17. Representative X protested his removal on the ground that he voted on the basis of the evidence presented and contended that he had security of tenure as a HRET Member and that he cannot be removed except for a valid cause. Its members must discharge their functions with impartiality and independence from the political party Page 54 of 445 Political and Public International Law . returns. from membership in the HRET. Antonino. Pineda. “The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election. Representative X was removed by Resolution of the House of Representatives. he follows the citizenship of his mother. the losing candidate. (1990 Bar Question) 2. 1971. 201 SCRA 792 (1991). because the issue involved is the qualification of Y to be a Senator. Article VI of the 1987 Constitution provides that. a member of the Federal Party. Is Y a Filipino citizen? Explain your answer (1990 Bar Question) SUGGESTED ANSWER: 1. For having voted against his partymate. The deciding vote in favor of A was cast by Representative X. Disloyalty to party is not a valid ground for the expulsion of a member of the House of Representatives Electoral Tribunal. He need not elect Philippine citizenship upon reaching the age of majority as held In re Mallare. With whose contention do you agree. that of the Federal Party or that of Representative X? Why? (5%) (2002 Bar Question) SUGGESTED ANSWER: I agree with the contention of Representative X. T. More than that. a member of the Freedom Party. Yes. Membership in it may not be terminated except for a just cause.

In Maniruste Systems. returns and qualifications of Senators and Congressmen. the jurisdiction of the courts may be defined by law. in the case of the latter (Section 17. and the remaining six members are Senators and Congressmen. Would this be a valid measure? Explain. Inc. three of whom are Justices of the Supreme Court designated by the Chief Justice. us. respectively (Section 17. Page 55 of 445 Political and Public International Law . (1992 Bar Question) SUGGESTED ANSWER: Yes. Congress has found that foreign investments are deterred by the uncertain investment climate in the Philippines. Article VI of the Constitution). to which they belong. One source of such uncertainty is the heightened judicial intervention in investment matters. the Supreme Court held that a law prohibiting the issuance of an injunction is valid. because under Section 2. the measure is valid. Court of Appeals. respectively.5% (2006 Bar Question) SUGGESTED ANSWER: The Senate Electoral Tribunal and the House of Representatives Electoral Tribunal are composed of nine members. G.5% (2006 Bar Question) SUGGESTED ANSWER: The function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal is to be the sole judge of all contests relating to the election. Article VIII of the Constitution. What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal? 2. 179 SCRA 136. One such measure provides that “no court or administrative agency shall issue any restraining order or injunction against the Central Bank" in the Bank’s exercise of its regulatory power over specific foreign exchange transactions. What is the composition of each? 2. Powers of Congress Congress is considering new measures to encourage foreign corporations to bring their investments to the Philippines. chosen on the basis of proportional representation from the political parties as well as the parties registered under the party-list system represented in the House of Representatives. Article VI of the Constitution).

Since it is an aspect of emergency powers. in accordance with Section 23(2). subject to ratification by Congress. he directed the government's temporary takeover of the operations of all privately owned communication utilities. 2. 489 SCRA 160 (2006). (0. Is the takeover valid? (2011 BAR) (A) Yes. and 4. A proclamation of a state of emergency is sufficient to allow the President to take over any public utility. True or False. (David v. prescribing reasonable terms for the takeover. (2010 Bar Question) SUGGESTED ANSWER: Under Section 23(2). During a period of national emergency. Article VI of the Constitution. the measure is void.5%) (2009 Bar Question) SUGGESTED ANSWER: The statement that a proclamation of emergency is . Article VI of the Constitution. Macapagal-Arroyo. State the conditions under which such a venture is allowed. the courts are given the power of judicial review. Congress may grant the President emergency powers subject to the following conditions: 1. Congress may grant emergency powers to the President. Article VIII of the Constitution. it is a power reserved for Congress alone. (D) No. it is a power exclusively reserved for the People's direct action. The emergency powers must be exercised to carry out a declared national policy. (B) No. SUGGESTED ANSWER: Since under Sections 1 and 5(2). Such power must be preserved.) The President issued Proclamation 9517 declaring a state of emergency and calling the armed forces to immediately carry out necessary measures to suppress terrorism and lawless violence.sufficient to allow the President to take over any public utility is false. 3. The grant of emergency powers must be for a limited period. The issuance of restraining orders and injunctions is in aid of the power of judicial review. In the same proclamation. it is an implied power flowing from the President's exercise of emergency power. Page 56 of 445 Political and Public International Law . there must be a law delegating such power to the President. (C) Yes. There is a war or other national emergency. The grant of emergency powers is subject to such restrictions as Congress may prescribe.

in aid of legislation. retains a "right" or "power" to approve or disapprove such regulations before they may take effect. legislative veto. the President has the power to withhold consent to appearance by his department heads during question hour. the Chairman and Commissioners of the Securities and Exchange Commission (SEC). in order to prevent the recurrence of any similar fraudulent activity. c. 562 Scra 251 It Is Suggested That Either (B) Or (C) May Be Accepted As A Correct Answer The President issued an executive order directing all department heads to secure his consent before agreeing to appear during question hour before Congress on matters pertaining to their departments. (B) Yes. Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal Bank (IUB) with the sale of unregistered foreign securities. SUGGESTED ANSWER: (B) And (C) Abakada Guro Party List Vs Purisima. legislative oversight. and the House of Representatives unanimously approved. because those department heads are his alter egos and he is but exercising his right against self-incrimination. (D) No. the President cannot withhold consent to the initiative of his department heads as it will violate the principle of check and balance. legislative scrutiny. only the SEC Commissioners appeared. Page 57 of 445 Political and Public International Law . He then filed. (C) Yes. the President cannot control the initiative of the department heads to conform with the oversight function of Congress. prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandumto compel the attendance of the invited resource persons. Is the executive order unconstitutional for suppressing information of public concern? (2011 BAR) (A) No. Legislative inquiries and the oversight functions A statutory provision requiring the President or an administrative agency to present the proposed implementing rules and regulations of a law to Congress which by itself or through a committee formed by it. The HCGG immediately scheduled a hearing and invited the responsible officials of IUB. 8799. legislative encroachment. is a: (2012 BAR EXAMS) a. 1. d. Legislative a. in violation of R. b.A. On the date set for the hearing. and the Governor of the Bangko Sentral ng Pilipinas (BSP). a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter.

Presidential veto and Congressional override Page 58 of 445 Political and Public International Law . since this is an essential component of legislative power. Senate Committee on Banks. Financial Institutions and Currencies. (2009 Bar Question) SUGGESTED ANSWER: The argument is untenable. b. 488 SCRA 1 [2006]). (3%) (2009 Bar Question) SUGGESTED ANSWER: The argument is not tenable. the legislative inquiry would preempt judicial action. it cannot be made subordinate to criminal and civil actions. 541 SCRA 456 [2007]). Bicameral conference committee c. to testify at the inquiry would violate their constitutional right against self-incrimination. who are also respondents in the criminal and civil cases in court. May the Governor of the BSP validly invoke executive privilege and. appropriations and tariff measures ii. raising the following arguments: a. b. because the power to invoke executive privilege is limited to the President (Senate of the Philippines v. The subject of the legislative investigation is also the subject of criminal and civil actions pending before the courts and the prosecutor’s office. it would be very easy to subvert any investigation in aid of legislation through the convenient ploy of instituting criminal and civil actions (Standard Chartered Bank [Philippine Branch] v. Compelling the IUB officials. 541 SCRA 456 [2007]). (3%) Are the foregoing arguments tenable? Reasons. refuse to attend the legislative inquiry? Why or why not? (3%) (2009 Bar Question) SUGGESTED ANSWER: No. Financial Institutions and Currencies. thus. Limitations on legislative power i. Since the IUB officials were not being subjected to a criminal penalty. thus. The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash the subpoena. Limitations on revenue. Senate Committee on Banks. they cannot invoke their right against self-incrimination unless a question calling for an incriminating answer is propounded (Standard Chartered Bank [Philippine Branch] v. c. Otherwise. Ermita.

rolling fields legislation. CONSTITUTIONAL LIMITATIONS. the House of Representatives or the Senate may only ask questions (2011 BAR) (A) that the official called is willing to answer. refilled. d. d. it was transmitted to the Page 59 of 445 Political and Public International Law . re-enacted. loggerhead legislation. c. 143 If by the end of any fiscal year. After the Senate passed the bill on third reading. SUGGESTED ANSWER: (D) SECTION 25(7). SUGGESTED ANSWER: (B) GARCIA VS. add-ons. In the exercise of its power of legislative inquiries and oversight functions. log-rolling legislation. the general appropriations law for the preceding fiscal year shall be deemed: (2012 BAR EXAMS) a. riders. ARTICLE VI OF CONSTITUTION Senator GSC proposed a bill increasing excise taxes on tobacco and alcohol products. b. (B) that are relevant to the proposed legislation. SUGGESTED ANSWER (B) COOLEY. b. d. referred. (C) to which the witness gave his prior consent. These are called: (2012 BAR EXAMS) a. c. b. MATA. Provisions unrelated to an appropriation bill are considered prohibited. (D) material to the subject of inquiry. P. the Congress shall have failed to pass the general appropriations bill for the ensuring fiscal year. outriggers. interlopers. 65 SCRA 517 The requirement that "Every bill shall embrace only one subject which shall be expressed in the title thereof" prevents: (2012 BAR EXAMS) a. c. rollercoaster legislation. unacted. The generated incremental revenues shall be used for the universal health care program for all Filipinos and for tobacco farmers’ livelihood.

House of Representatives which approved the bill in toto. 1125. b. d. The President eventually signed it into law. as amended. Article VI of the Constitution. (E) None of the above is correct. Court of Tax Appeals e. Commission on Audit SUGGESTED ANSWER: a. Commission on Appointments b. It is a statutory court. JFC filed a petition before the Supreme Court. The legislature cannot abolish the Commission of Appointments. Ombudsman c. because it is a constitutionally-created officer under Section 8(1). The legislature may abolish this body: 5% (2006 Bar Question) a. because it was created by Republic Act No. [1982]). (D) It is constitutional because it is valid in form and substance and complied with the required lawmaking procedures. it is limited only to alcohol and liquor products. questioning the constitutionality of the new law. Article XI of the Constitution. 112 SCRA 294. because it is a constitutionally-created office under Section 18.5%) (2009 Bar Question) Page 60 of 445 Political and Public International Law . The legislature cannot abolish the Office of the Ombudsman. Article VIII of the Constitution. A treaty which provides tax exemption needs no concurrence by a majority of all the Members of the Congress. Is the law constitutional? (1%) 2013 BAR EXAMS (A) The law is constitutional because it is for a public purpose and has duly satisfied the three-readings-on-separate-days rule in both Houses. c. Section 24 of the 1987 Constitution). The legislature may abolish the Court of Tax Appeals. SUGGESTED ANSWER: (E)(Article VI. (B) The law is unconstitional because it violates the equal protection clause of the Constitution. Alba. because it is a constitutionally-created officer under Section 5. The authority of the legislature to create the Court of Tax Appeals implies its authority to abolish it [De la Liana v. Atty. The Legislature cannot abolish the Judicial and Bar Counsel. Judicial and Bar Council d. (0. (C) It is constitutional because of the Enrolled Bill Theory.

sec. special projects of quite a number of members of the House of Representatives. Metropolitan newspapers have reported that the Philippine Games and Amusement Corporation (PAGCOR) gives hefty contributions to Malacañang. granting a tax exemption which requires the concurrence of a majority of all the Members of Congress. It is only a law. Will that mean paralyzation of government operations in the next fiscal year for lack of an appropriation law? (12%) (1998 Bar Question) Page 61 of 445 Political and Public International Law . SUGGESTED ANSWER: The statement that a treaty which provides tax exemption needs no concurrence by a majority of all the Members of Congress is true. (1988 Bar Question) SUGGESTED ANSWER: The contributions made to Malacañang and to certain congressmen are illegal. Art. not a treaty. Suppose the President submits a budget which does not contain provisions for CDF (Countrywide Development Funds). (Section 28(4). as coordinated by a Congressman from Mindanao. (1996 Bar Question) SUGGESTED ANSWER: The President can take active part in the legislative process to the extent allowed by the Constitution. a treaty. The reports add that for 1988 alone. to be valid and effective. VI. 24. Assuming that money earned by PAGCOR from its operations are public funds. PAGCOR had also been reported to have funded. violates the Constitution. 1. He can veto a bill. Under art. some six hundred million (P600M) pesos have already been earmarked for remittance to the Office of the President. (Sec. to fund “socio-economic and civic projects” of the President.) Without respect to its lawful substantive content. and because of this Congress does not pass the budget. He can address Congress at any time to propose the enactment of certain laws. legal? Cite constitutional or decisional rules in support of your answer. Can the President take active part in the legislative process? Explain. popularly known as the pork barrel. requires concurrence by at least two-thirds of all the Members of the Senate. Article VI of the Constitution. The disbursement of public funds by PAGCOR. He can call a special session of Congress at any time. not being made pursuant to an appropriation made by law. are such contributions to Malacañang and to certain Congressmen and their expenditure as reported. 29(1) no money can be paid out of the Treasury except in pursuance of an appropriation made by law. He recommends the general appropriations bill. He can certify to the necessity of the immediate enactment of a bill to meet a public calamity or emergency. VII of the Constitution).

AFP. the President. 2. by law. Enriquez. No. Article VI of the Constitution provides: “ No law shall be passed authorizing any transfer of appropriations. Would you question the constitutionality/validity of the special provision? (13%] (1998 Bar Question) SUGGESTED ANSWER: 1. "While Section 25(5) allows as an exception the realignment of savings to augment Items in the general appropriations law for the executive branch. the President of the Senate. the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year. the provision authorizing the Chief of Staff. the Speaker of the House of Representatives. Said provision says that “no money shall be paid out of the Treasury except in pursuance of an Page 62 of 445 Political and Public International Law . the general appropriations law for the preced-ing fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. Article VI of the Constitution provides: "If." Explain how the automatic appropriation of public funds for debt servicing can be reconciled with Article VI. the Supreme Court held that a provision in the General Appropriation Act authorizing the Chief of Staff to use savings to augment the funds of the AFP Retirement and Separation Benefits Systems was unconstitutional. with the approval of the Secretary of National Defense. Section 25(5). Section 29(1) of the Constitution. such right must and can be exercised only by the President pursuant to a specific law. and the heads of Constitutional Commissions may. by the end of any fiscal year. 235 SCRA 506. the failure of Congress to pass the budget will not paralyze the operations of the Government. be authorized to augment any item in the general appropriation law for their respective offices from savings in other items of their respective appropriations." In Philippine Constitution vs. Suppose in the same budget. however. there is a special provision in the appropriations for the Armed Forces authorizing the Chief of Staff. Section 25(7). SUGGESTED ANSWER: 2. Yes. 544. to use savings to cover the losses suffered by the AFP Retirement and Separation Benefits System is unconstitutional. subject to the approval of the Secretary of National Defense. to use savings in the appropriations provided therein to cover up whatever financial losses suffered by the AFP Retirement and Separation Benefits System (RSBS) In the last five (5) years due to alleged bad business Judgment. the Chief Justice of the Supreme Court.

Enriquez. Page 63 of 445 Political and Public International Law . The presidential decrees appropriate as much money as is needed to pay the principal. Culture and Sports and the local government unit concerned. (1992 Bar Question) SUGGESTED ANSWER: As stated in Guingona vs. Culture and Sports. Article VI of the Constitution provides. authorize the President to fix within specified limits. the amounts are certain because they can be computed from the books of the National Treasury. As held in Philippine Constitution Association vs. Explain." The abolition of the Reserve Officers Training Course involves a policy matter. Comment on the constitutionality of said provision. Section 25(2). this cannot be incorporated in the General Appropriations Act but must be embodied in a separate law. Congress may. Suppose that the forthcoming General Appropriations Law for Year 2002. interest. and in lieu thereof all male college students shall be required to plant ten (10) trees every year for two (2) years in areas to be designated by the Department of Environment and Natural Resources in coordination with the Department of Education. tonnage and wharfage dues and other duties or imposts within the framework of the national development program of the Government. Article VI of the Constitution. there is no constitutional prohibition against this. It further provides that the same provision shall be incorporated in future General appropriations Acts. They provide for a continuing appropriation. In the portion pertaining to the Department of Education. and subject to such limitations and restrictions it may impose. “No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. appropriation made by law”. There is no specific item of appropriation of funds for the purpose. (2%) (1999 Bar Question) SUGGESTED ANSWER: According to Section 28(2). tariff rates. Although no specific amounts are mentioned. tonnage and wharfage dues. the presidential decrees providing for the appropriation of funds to pay the public debt do not violate Section 29(1). 235 SCRA 506 (1994). will contain a provision to the effect that the Reserve Officers Training Course (ROTC) in all colleges and universities is hereby abolished. Carague. (5%) (2001 Bar Question) SUGGESTED ANSWER: The provision is unconstitutional. What are the limitations/restrictions provided by the Constitution on the power of Congress to authorize the President to fix tariff rates. taxes and other normal banking charges on the loan. Article VI of the Constitution. because it is a rider. import and export quotas. bylaw. 196 SCRA 221. import and export quotas.

the President shall continue to exercise legislative power. unconstitutional. both recognized the power of the president to exercise legislative powers until the first Congress created under the 1987 Constitution was convened on July 27. 3.2 and 14 are not bills of attainder . Presidential Commission on Good Government.2 and 14 are not bills of attainder. the Supreme Court ruled that the Provisional Constitution and the 1987 Constitution. 14 vests on the Sandiganbayan jurisdiction to try hidden wealth cases." In the case of Kapatiran ng mga Naglilingkod sa Pamahalaan ng Pilipinas. (1990 Bar Question) 2. the PCGG sequestered the assets of X Corporation. 163 SCRA 371. Tan. Inc. which have the force of law. Said corporation also questioned the validity of the three executive orders on the ground that they are bills of attainder and. on the ground that legislation is a function of Congress. 1. could not lawfully issue Executive Orders Nos. they expressly provide that any judgment that the property sequestered is ill-gotten wealth is to be made by a court (the Sandiganbayan) only after trial. Article XVIII of the 1987 Constitution reads: “The incumbent President shall continue to exercise legislative power until the first Congress is convened. claimed that President Aquino. 2 and 14 were issued in 1986. 1987. Section 6. Inc. Inc. (2) Executive Orders Nos. Page 64 of 445 Political and Public International Law . On April 14. Aquino created the Preidential Commission on Good Government (PCGG) and empowered it to sequester any property shown prima facie to be ill-gotten wealth of the late President Marcos. 1. Article II of the Provisional Constitution established by Proclamation No. v. 1. Accordingly. that Executive Orders Nos. Decide. 1. his relatives and cronies. Executive Orders Nos. Inc. 2 and 14. At that time President Corazon Aquino exercised legislative power Section 1. as President. provided: “Until a legislature is elected and convened under a new constitution. On the contrary. 1 and 2 issued by President Corazon C. Executive Order No. 1986. (1990 Bar Question) SUGGESTED ANSWER: (1) The contention of X Corporation should be rejected.” Likewise. it was held in Bataan Shipyards and Engineering company. 1. Executive Orders Nos. after an investigation. therefore.because they do not inflict any punishment. v. Decide. X Corporation. A bill of attainder is a legislative act which inflicts punishment without judicial trial.

since the vetoed condition may be separated from the item. Congress passed a bill appropriating P50 million in assistance to locally based television stations subject to the condition that the amount would be available only in places where commercial national television stations do not operate. Was the veto valid? (2011 BAR) (A) Yes. Kindly name five of the latter. since the veto amounted to a suppression of the freedom to communicate through television. Article VI of the Constitution. Informing function b. (B) Yes. Cheng retains you as his legal adviser and asks enlightenment on the following matters: 1. 146 SCRA 446. When does the law take effect? (1993 Bar Question) SUGGESTED ANSWER: 1. Regardless of your answer to the preceding question. the Constitution also granted the lawmaking body. (C) No. a law must be published as a condition for its effectivity and in accordance with Article 2 of the Civil Code. the President's veto power is absolute. Under Section 27(1). Revised Administrative Code of 1989) 2. When does a bill become a law even without the signature of the President. within thirty days after the date of receipt of the bill by the President. Non-legislative a. 2. (1988 Bar Question) Page 65 of 445 Political and Public International Law . Tuvera. it shall take effect fifteen days following the completion of its publication in the Official Gazette or in a newspaper of general circulation unless it is otherwise provided. assume that Emest Cheng is now a congressman. The President approved the appropriation but vetoed the condition. a bill becomes a law even without the signature of the President if he vetoed it but his veto was overriden by two-thirds vote of all the members of both the Senate and the House of Representatives and if the President failed to communicate his veto to the House from which the bill originated. (Executive Order No. 292. non- legislative powers. since the approval of the item carried with it the approval of the condition attached to it. Being a businessman. (1993 Bar Question) 2. In addition. Other non-legislative powers Legislative powers had been vested by the Constitution in the Congress of the Philippines. he has no knowledge of legislative procedure. (D) No. Power of impeachment c. As held in Tañada vs.

a public officer who is removable by Impeachment cannot be charged before the Sandiganbayan with an offense which carries with it the penalty of removal from office unless he is first impeached. Vice President. to try all cases of impeachment against the President. bribery. As held In the case of In re Gonzales. VII. To initiate through the House of Representatives and. 2-3). To act as a constituent assembly for the revision or amendment of the Constitution. c. To decide whether the President is temporarily disabled in the event he reassumes his office after the Cabinet.774. 19). Suppose a Commissioner of the COMELEC is charged before the Sandiganbayan for allegedly tolerating violation of the election laws against profileration of prohibited billboards and election propaganda with the end in view of removing him from office. (Art. (C) Yes. e. by Congress in joint session. for culpable violation of the Constitution. (Art. XI. secs. b. other high crimes. treason. through the Senate. May an incumbent Justice of the Supreme Court be disbarred as a lawyer? (2011 BAR) (A) No. SUGGESTED ANSWER: Congress has the following non-legislative powers: a. sec. Otherwise. by the Supreme Court itself. XVII). Page 66 of 445 Political and Public International Law . VII. (Art. 4). he will be removed from office by a method other than impeachment. declared that he is unable to discharge the powers and duties of his office and now within five days insists that the President is really unable to discharge the powers and duties of the presidency.775. To act as national board of canvassers for President and Vice President. 160 SCRA 771. (Art. 11). To concur in the grant of amnesty by the President. d. his membership in the bar is secure. sec. (B) No. Article XI of the Constitution. VII. graft and corruption. (D) Yes. the action will not prosper. or betrayal of public trust. (Art. Will the action prosper? [5%] (1998 Bar Question) SUGGESTED ANSWER: No. it will amount to removal. the Members of the Supreme Court. the Commissioners of the Commission on Elections are removable by impeachment. by a majority of vote of its members. the Members of the Constitutional Commissions and the Ombudsman. sec. Under Section 8.

other high crimes. Bernas. other high crimes and betrayal of public trust. 1998 ed. 1962)). 1. treason. The officials removable by impeachment are the President. Members of the Constitutional Commissions and the Ombudsman. SINCO. and who are the high officials removable thereby? (1988 Bar Question) Presidential Decree No.) (1) PD No. High crimes refer to offenses that strike at the very life or orderly working of the government. Article XI of the Constitution. Culpable violation of the Constitution means intentional violation of the Constitution and not violations committed in good faith. (Id. The 1987 Constitution of the Philippines: A Commentary. PHILIPPINE POLITICAL LAW 373 (11th ed. Treason and bribery have the same meaning as in the Revised Penal Code. What are the grounds for impeachment? Explain. and betrayal of public trust. VIII. and dignity and with definite tenure may be removed from office for causes closely related to their conduct as public officials. the power to remove lower court judges is vested in the Supreme Court en banc which. the grounds for impeachment are culpable violation of the Constitution.. (Art. Is this Presidential Decree still valid? Why? (1988 Bar Question) SUGGESTED ANSWER: Impeachment is a method by which persons holding government positions of high authority. What is impeachment. bribery. sec. graft and corruption. Betrayal of public trust refers to any violation of the oath of office.” Moreover. Philippine Political Law. “All other public officers and employees may be removed from office as provided by law. (2%) (1999 Bar Question) SUGGESTED ANSWER: Under Section 2. but not by impeachment. graft and corruption. 2). prestige. pp. Vice President. the Members of the Supreme Court. in so far as it provides for the removal of the members of the Sandiganbayan only by impeachment must be deemed to have been rendered inoperative by the new Constitution which provides that with the exception of the officials there mentioned. can dismiss lower court judges. 1606 provides that Justices of the Sandiganbayan may be removed only by impeachment. 991-992) Page 67 of 445 Political and Public International Law .G. (Cruz. what are the grounds therefor. sec. pp. under Art. sec. XI. 336-337. Graft and corruption refers to prohibited acts enumerated in the Anti-Graft and Corrupt Practices Act. The grounds for impeachment are culpable violation of the Constitution. by the vote of a majority of the members who actually take part in the deliberation on the issues in the case and vote thereon. 1996 ed.. 1606. 11. (V. bribery. treason.

a taxpayer asks for its nullification. as Assistant Court Administrator in the Supreme Court during the President's tenure. Article XI of the Constitution. Under Section 2. “A" moved to dismiss the information on the ground that the Court had no jurisdiction over the offense charged because the President. (C) No. because relatives of the President within the fourth civil degree cannot be appointed as heads of offices in any department of government. he may be sued for sum of money (2011 BAR) (A) during his term of office. II. Will the challenge prosper? (2011 BAR) (A) Yes. This refers to violation of the oath of office and includes cronyism which involves unduly favoring a crony to the prejudice of public interest. When the President contracted a personal loan during his incumbency. inhibitions and disqualifications 1. (B) during his tenure of office. should also be disqualified from filing a case against “A" in court Page 68 of 445 Political and Public International Law . Claiming that the Constitution prohibits the appointment in government of a President’s relative. cronyism is a legal ground for the impeachment of the President. (5%) (2000 Bar Question) SUGGESTED ANSWER: Yes. Privileges. (D) No. the President’s sister. Executive Department A. 272) IV. (C) after his term of office. Presidential privilege The Chief Justice appointed X. "A" was charged with libel before the Regional Trial Court. although in the government. the position to which X was appointed is not among those prohibited under the Constitution. p. Upon complaint of the incumbent President of the Republic. Presidential immunity 2. (B) Yes. betrayal of public trust is one of the grounds for impeachment. since the appointment essentially violates the law against nepotism. is not in the Executive Department that the President heads. (Record of the Constitutional Commission. Is cronyism a legal ground for the impeachment of the President? Explain. (D) after his tenure of office. X's appointment. Vol. being immune from suit.

Resolve the motion. his immunity does not cover crimes involving moral turpitude. The deceased adviser’s family filed a case of homicide against President Carlos before the city prosecutor’s office. 549 SCRA77 [2008]. invoking presidential immunity from suit. including the deceased adviser. He moved to dismiss the case. (2010 Bar Question) SUGGESTED ANSWER: The motion should be denied according to Soliven vs. as well as pre-deliberative ones. During his incumbency. treaties and executive agreements must be concurred in by at least two-thirds of all the Members of the Senate. In order to be valid and effective. can guarantee a foreign loan on behalf of the Republic of the Philippines. Senate Committee on Accountability of Public Officers and Investigations. The deliberative process privilege includes advisory opinions. his immunity covers only work-related crimes. with the concurrence of the Monetary Board. the immunity of the President from suit is personal to the President.) B. The President. Congress may. (2010 Bar Question) SUGGESTED ANSWER: Presidential communications privilege applies to decision-making of the President. Page 69 of 445 Political and Public International Law . recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated. Unlike the "deliberative process privilege. his immunity holds for the whole duration of his tenure. (D) No. Makasiar. Should the case be dismissed? (A) Yes. Powers 1. B. (B) No. 167 SCRA 393. Executive and administrative powers in general Which of the following statements is correct? (1%) (BAR 2013) A. Distinguish "presidential communications privilege" from "deliberative process privilege. (Neri v. (C) Yes. by law." "the presidential communications privilege" applies to documents in their entirety and covers final and post decisional matters. President Carlos shot to death one of his advisers during a heated argument over a game of golf that they were playing. It may be invoked by the President only and not by any other person. his immunity covers his interactions with his official family. The deliberative process privilege applies to decision-making of executive officials. C. provide limitations on the President's power to contract or guarantee foreign loans on behalf of the Republic of the Philippines." (3%).

whenever it becomes necessary. at the end of every quarter of the calendar year. On the other hand. (2) Suspension of the privilege will only be for a limited period and then the period of retention is limited to 3 days which may not really be effective. which in your considered opinion among the options available to the President as Commander-in-Chief would be the most effective in meeting the emergencies by the nation? Explain. and terrorism is to simply call out the armed forces for the following reasons: (1) the exigencies to be met are not solely those caused by invasion or rebellion but terrorism and other crimes. Is this Proclamation constitutional? Explain.” (West Vs. rebel activities. On February 24. 2006. 2. V. by making us feel safe to live under it makes for its better support. The last two options can be resorted to only in cases of invasion or rebellion when public safety requires either the suspension of the privilege or the proclamation of martial law. between option 1. of Educ.Arroyo. Considering the pressing problems of insurgency. the options 2 and 3. 171396. liberation movements and terrorist violence. The President shall.R. as far as the ability of the President to meet an emergency is concerned. May 3. liberation movements. (1987 Bar Question) SUGGESTED ANSWER: The President has three options: (1) to call out the armed forces to prevent or suppress lawless violence. It is submitted that the most effective means of meeting the current emergency which is brought about by rebellion. to suppress lawless violence. 624 (1943)) What do you mean by the “Calling-out Power” of the President under Section 18. No. E. (2) to suspend the privilege of the writ of habeas corpus or (3) to proclaim martial law. State Brd. and. 1017 declaring a state of national emergency. Assurance that rights are secure tends to diminish fear and jealousy of strong government. President Gloria Macapagal-Arroyo issued Proclamation No. on the other hand. D. (3) There is practically little difference. invasion or rebellion. Article VII of the Constitution? 5% (2006 Bar Question) SUGGESTED ANSWER: The calling-out power of the President refers to the power of the President to order the armed forces. submit to Congress a complete report of the loans contracted or guaranteed by the Government or government-owned and controlled corporations. All the above choices are defective in some respects. 2006). public criticism of the action may only erode the President’s authority.5% (2006 Bar Question) Page 70 of 445 Political and Public International Law .S. invasion or rebellion (David v Macapagal. Barnette. The President may well take comfort in the following thought: “Government of limited power need not be anemic government. G. 319 U.

provided it is done in good faith. (2003 Bar Question) SUGGESTED ANSWER: The contention of the employees is not correct. As held in Buklod nq Kawaninq EIIB v. 2. 1416. The President can also abolish the Bureau in the Department of Interior and Local Governments.R. During the effectivity of this Proclamation. It is unconstitutional insofar as it ordered the Armed Forces of the Philippines to enforce all laws even though not related to lawless violence and all decrees to be issued by the President.R. The President abolished the Office of the Presidential Spokesman in Malacañang Palace and a long-standing Bureau under the Department of Interior and Local Governments. 2006). 1772. (Presidential Decree No. The Executive Secretary. provided it is done in good faith because the President has been granted continuing authority to reorganize the administrative structure of the National Government to effect economy and promote efficiency. SUGGESTED ANSWER: Proclamation No. and the powers include the abolition of government offices. as amended by Presidential Decree No. 2006). 171396. No. 280 SCRA 713 [I997]). Since this includes the power to abolish offices. No. and to impose standards on media or any form of prior restraint on the press. G.5% (2006 Bar Question) SUGGESTED ANSWER: The arrest of Gener. (David v. and any act of insurrection or rebellion because of the finding of the President that there was a plot to overthrow the government. Macapagal-Arroyo. Is the arrest legal? Explain. Macapagal- Arroyo. General Lito and Bong were arrested by the police for acts of terrorism. because the Constitution does not grant these powers to the President. May 3. 1017 is constitutional insofar as it called out the Armed Forces of the Philippines to prevent or suppress all forms of lawless violence. Zamora. Section 31. 171396. Larin v. 360 SCRA 718 [2001]. Page 71 of 445 Political and Public International Law . the President can abolish the Office of the Presidential Spokesman. Was the contention of the employees correct? Explain. Book III of the Administrative Code of 1987 has delegated to the President continuing authority to reorganize the administrative structure of the Office of the President to achieve simplicity. economy and efficiency. because Congress has not yet passed a law punishing acts of terrorism and their warrantless arrests have no basis. May 3. G. The employees of both offices assailed the action of the President for being an encroachment of legislative powers and thereby void. Lito and Bong for acts of terrorism is illegal. These powers are reserved to the legislature (David v.

2014 until June 2. 2. Power of appointment a. 2021. the limitation of the term of Commissioner Marikit as chairman until expiration of her original term on June 2. Subsequently. 2021 is valid only until June 8. Ty as Chairperson of the COMELEC on June 14. What the Constitution prohibits is a reappointment of a COMELEC Commissioner after serving the seven-year term. the President appointed eight acting Secretaries. In general The President appointed Dexter I. the President appointed Ms. The appointment papers expressly indicate that Marikit will serve as COMELEC Chairperson "until the expiration of the original term of her office as COMELEC Commissioner or on June 2. Article IX of the 1987 Constitution. files a petition for certiorari before the Supreme Court asserting that the appointment of Marikit as COMELEC Chairperson is unconstitutional for the following reasons: (1) The appointment of Marikit as COMELEC Chairperson constituted a reappointment which is proscribed by Section 1 (2). a tax payer. no appointment that requires confirmation by the Commission on Appointments can be made without the latter’s consent and that an undersecretary should instead be designated as Acting Secretary. Ermita. Marikit as the third member of the COMELEC for a term of seven (7) years starting June 2. A group of Senators from the minority bloc questioned the validity of the appointments in a petition before the Supreme Court on the ground that while Congress is in session. His term of office started on June 2. and (2) the term of office expressly stated in the appointment papers of Marikit likewise contravenes the aforementioned constitutional provision. The President then appointed Commissioner Marikit as COMELEC Chairperson. 2021. The Department Head is an alter ego of the president and must enjoy his confidence even if the appointment will be merely Page 72 of 445 Political and Public International Law . While Congress was in session. On the second argument. 2015." Matalino. Will the constitutional challenge succeed? Explain. the unexpired portion of the last chairman’s term but invalid if until 2021 as it exceeds the limitation. Chairperson Ty retired optionally after having served the government for thirty (30) years. On June 2. Should the petition be granted? (5%) 2013 BAR EXAMS SUGGESTED ANSWER: No. 2018. (2015 BAR) Answer: The first argument is untenable since Commissioner Marikit was not reappointed but actually was a promotional appointment as she had not yet fully served her term. 2018. 2011 for a term of seven (7) years pursuant to the 1987 Constitution. The Commission on Appointments confirmed her appointment. the petition should not be granted. 2012). that is. A promotional apportionment is allowed provided that the aggregate period of the term of the appointee will not exceed seven years and that the rotational scheme of staggering terms of the commission membership is maintained (Funa v. 2011 to end on June 2.

Did Gen. An appointment held at the pleasure of the appointing power (2011 BAR) (A) essentially temporary in nature. while Congress is on a short recess for the elections. the President appointed W to that position without submitting his appointment to the Commission on Appointments for confirmation. The Senators cannot require the President to designate an Undersecretary to be the temporary alter ego of the president (Pimentel Jr. He immediately takes his oath and assumes that office. When Congress resumes its session on 17 May 1992. the Commission on Appointments informs the Office of the President that it has received from her office only the appointment of De Silva to the rank of 4-star General and that unless his appointment to the Office of the Chief of Staff of the AFP is also submitted. (D) is co-extensive with the term of the public officer who appointed him. v. (C) Yes. the president appoints Renato de Silva to the rank of General (4-star) in the Armed Forces. the appointment of Renato de Page 73 of 445 Political and Public International Law . Under Presidential Decree No. 472 SCRA 587). 1. She also designates him as Chief of Staff of the AFP. belongs to the President as Chief Executive. the grade of four-star general is conferred only upon the Chief of Staff. The President maintains that she has submitted to the Commission all that the Constitution calls for. (D) No. with the rank of 4. Hence. (B) Yes. Who is correct? (1991 Bar Question) 2. the appointment of its holder requires the consent of Congress. (C) requires justifiable reason for its termination.star General of the AFP. Is W’s appointment by the President valid? (2011 BAR) (A) No. since the power to fill up all government positions mentioned in the Constitution has been lodged in the President. Ermita. the power to appoint does not exist. because absent any express authority under the Constitution. if not lodged elsewhere. The President is correct. 360. Are the appointment and designation valid? (1991 Bar Question) SUGGESTED ANSWER: 1. temporary. Since the Constitution is silent as to who can appoint the Chairman of the Commission on Human Rights. On 3 May 1992. de Silva violate the Constitution in immediately assuming office prior to a confirmation of his appointment? (1991 Bar Question) 3. the Commission will not act on the matter. since the power to appoint in the government. since the position of Chairman of the Commission was created by statute. (B) requires special qualifications of the appointee.

1992 are Sundays. it was held that an ad interim appointment is a permanent appointment. The appointment and designation of Gen. [Note: May 3. Did the President do the right thing in extending such ad interim appointment in favor of Commissioner C and designating Justice D acting Commissioner of the Commission on Elections? (1997 Bar Question) SUGGESTED ANSWER: No. 1991 and May 17. Associate Justice D of the Court of Appeals as acting Associate Commissioner during the absence of Commissioner B. Section 1(2). 81 Phil. In Summers vs. Ozaeta to. Under Article VII. 3. such appointment is immediately effective and is subject only to disapproval by the Commission on Appointments or as a result of the next adjournment of the Congress. suffered a severe stroke. For this reason the appointment and designation of Gen. Sec. Renato de Silva did not violate the Constitution when he immediately assumed office before the confirmation of his appointment. However. ad interim Commissioner to succeed Commissioner A and des-ignated by way of a temporary measure. “A" one of the incumbent Commissioners of the Commission on Elections. 1992. 754. 2. Article VII of the Constitution. de Silva are after all invalid. Under Section 15. another Commissioner. 15 the President is prohibited from making appointments within the period of two (2) months preceeding the election for President and Vice President. 16 of the Constitution. Sec. died while in office and “B". Silva as a four-star general must be deemed to carry with it his appointment as Chief of Staff of the AFP. Under Article VII. The designation of Justice D as acting Associate Commissioner is also invalid. de Silva are valid for reasons given above. who was not a lawyer but a certified public accountant by profession. However the Committee finds no relevance in the fact that these are holidays and therefore decided to ignore this fact. Gen. appointed Commissioner C of the Commission on Audit. The President was wrong in extending an ad interim appointment in favor of Commissioner C. Article VIII Page 74 of 445 Political and Public International Law .] A month before a forthcoming election. The appointment in this case will be made on May 3. since his appointment was an ad interim appointment. the President who was not running for any office. Article IX-C of the Constitution prohibits the designation of any Commissioner of the Commission on Elections in a temporary or acting capacity. Section 12. within two months immediately before the next presidential elections and up to the end of his term. the President cannot make permanent appointments. 1992 which is just 8 days away from the election for President and Vice President on May 11. from point of view they are not valid because they were made within the period of the ban for making appointments. In view of the proximity of the elections and to avoid paralyzation in the Commission on Elections.

d. of the Constitution prohibits the designation of any member of the Judiciary to any agency performing quasi-judicial or administrative functions. (Section 13. b. 81 Phil. Ozaeta. Can he re-assume his position as career Ambassador? (5%) (2010 Bar Question) SUGGESTED ANSWER: The career Ambassador cannot re-assume his position as career Ambassador. Article VII. and he was not re-appointed. Page 75 of 445 Political and Public International Law . he could not hold any other office during his tenure. 754 [1948]. (C) invalid. Constitution. (D) unenforceable. A was a career Ambassador when he accepted an ad interim appointment as cabinet Member. Ambassadors. Commission on Appointments confirmation Whose appointment is NOT subject to confirmation by the Commission on Appointments? (2011 BAR) (A) Chairman of the Civil Service Commission (B) Chief Justice of the Supreme Court (C) Chief of Staff of the Armed Forces of the Philippines (D) Executive Secretary 1. (Summers vs. He abandoned his position as Ambassador when he accepted his appointment as Cabinet Member because as Cabinet Member. The Commision on Appointment bypassed his ad interim appointment. Name the category or categories of officials whose appointments need confirmation by the Commission on Appointments? (2%) (1999 Bar Question) SUGGESTED ANSWER: 1. b. Other officers whose appointments are vested in him by the Constitution. What are the six categories of officials who are subject to the appointing power of the President? (2%) (1999 Bar Question) 2. Article VII of the Constitution. Head of executive departments. c. Under Section 16.) The President's appointment of an acting secretary although Congress is in session is (2011 BAR) (A) voidable. Officers of the armed forces from the rank of colonel or naval captain. the six categories of officials who are subject to the appointing power of the President are the following: a. however. His ad interim appointment as Cabinet Member was a permanent appointment. other public ministers and consuls. (B) valid.

A. from Senior Superintendent. the President signed into law Republic Act No. All other officers of the government whose appointments are not otherwise provided by law. 6975. Mison. Sistoza. 204. Determine with reasons the legality of the appointments and the disbursements for salaries by discussing the constitutional validity of Sections 26 and 31 of R. Matapang and Mahigpit took their oath of office and assumed their respective positions. because he combined the first three categories into one. 6975. Mison. because they are not among the public officiate whose appointments are required to be confirmed by the first sentence of Article VII. In 1991 the President promoted Chief Superintendent Roberto Matapang and Senior Superintendent Conrado Mahigpit to the positions of Director and Chief Superintendent of the PNP. and other officials whose appointments are vested in the President by the Constitution. Their appointments were in a permanent capacity. No. Juan Bantay filed a taxpayer's suit questioning the legality of the appointments and disbursements made. and f. the Department of Budget and Management authorized disbursements for their salaries and other emoluments. pp. On December 13. According to Sarmiento v. Philippine Political Law. other public ministers and consuls. e. 156 SCRA 549 and named only four categories.8551) creating the Department of Interior and Local Government. (Cruz. he be given full credit. as required under Sections 26 and 31 of R. respectively. Thereafter. Bantay argues that the appointments are invalid inasmuch as the same have not been confirmed by the Commission on Appointments.A. Page 76 of 445 Political and Public International Law . No. Without undergoing confirmation by the Commission on Appointments. Section 16 of the Constitution. No. ambassadors. Deputy Director General to Director General or Chief of PNP shall.. 156 SCRA 549. According to Manalo v.A. 1998 ed.) 2. officers of the armed forces from the rank of colonel or naval captain. be appointed by the President subject to confirmation by the Commission on Appointments. 1990. the only officers whose appointments need confirmation by the Commission on Appointments are the head of executive departments. Sections 26 and 31 of the law provide that senior officers of the Philippine National Police (PNP). 312 SCRA 239 (1999). among others.6975 (subsequently amended by R. (5%) (2002) SUGGESTED ANSWER: The appointments of Matapang and Mahigpit are valid even if they were not confirmed by the Commission on Appointments.205) (It is suggested that if the examinee followed the classification in Sarmiento v. Chief Superintendent. Those whom he may be authorized by law to appoint.

Assuming the legality of the first ad interim appointment and assumption of office by Santos. Does Santos' assumption of office on the basis of the ad interim appointments issued by the President amount to a temporary appointment which is prohibited by Section 1 (2). While his appointment was promptly submitted to the Commission on Appointments for confirmation. a political rival. and this appointment was again submitted to the Commission on Appointments for confirmation. because it takes effect immediately and can Page 77 of 445 Political and Public International Law . the disbursements of their salaries and emoluments are valid. Santos immediately took his oath and assumed office. He also questioned the validity of Santos' appointment. filed a suit assailing certain orders issued by Santos. the President appointed Santos as Chairman of the Commission on Elections. Article IX-C of the Constitution? (5%) (2005 Bar Question) SUGGESTED ANSWER: (A) The assumption of office by Santos on the basis of the ad interim appointment issued by the President does not amount to a temporary appointment. were his second ad interim appointment and subsequent assumption of office to the same position violations of the prohibition on reappointment under Section 1 (2). (2%) (1998 Bar Question) SUGGESTED ANSWER: Section 13. Sections 26 and 31 of Republic Act 6975 are unconstitutional. Article IX-C of the Constitution? B. In March 2001. Reyes. In June 2001. which prohibits the President from appointing his spouse and relatives within the fourth degree of consanguinity or affinity does not distinguish between government corporations with original charters and their subsidiaries. of the spouse and relatives of the president within the fourth degree of consanguinity or affinity. it was not acted upon and Congress again adjourned. because the prohibition applies to both. Santos took his oath anew and performed the functions of his office. The rule prohibiting the appointment to certain government positions. Since the appointments of Matapang and Mahigpit are valid. the President extended a second ad interim appointment to Santos for the same position with the same term. Article VII of the Constitution. An ad interim appointments is a permanent appointment. Resolve the following issues: A. while Congress was adjourned. because Congress cannot by law expand the list of public officials required to be confirmed by the Commission on Appointments.

Under Section 9. Can the President still make appointments to the judiciary during the so-called midnight appointment ban period? Assuming that he can still make appointments. Margie also happens to be a first-degree cousin of the President. his cousin? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: The President can make appointments to the Supreme Court two months before a presidential election until the end of his term but not to the rest of the Judiciary like the Court of Appeals. Midnight appointments Margie has been in the judiciary for a long time. second paragraph of the Constitution. Article VIII of the Constitution.it was a month before the next presidential elections. Margie. Article IX-C of the Constitution. because it has not been finally disapproved by the Commission on Appointments. Under Section 4(1). Despite the constitutional mandate to fill Page 78 of 445 Political and Public International Law . c. The prohibition against reappointment in the Constitution presupposes the end of the term. The Judicial and Bar Council included her in the short-list submitted to the President whose term of office was about to end . ALTERNATIVE ANSWER (FOR FIRST QUESTION): The President cannot make appointments to the Judiciary during two months before the presidential election until the end of his term because of the ban in Section 15. Article VII of the Constitution. Article VII of the Constitution against appointment by the president of relatives within the fourth degree by consanguinity or affinity does not include appointments to the judiciary. Power of removal d. (B) The second ad interim appointment of Santos does not violate the prohibition against reappointment under Section 1(2). no longer be withdrawn by the President once the appointee has qualified into office. she was nominated as a Justice in the Court of Appeals. Benipayo. Matibag v. vacancies in the Supreme Court shall be filled within ninety (90) days from the occurrence of the vacancy. Twenty (20) years from her first year in the judiciary. 16. Benipayo. he cannot be reappointed. [Matibag v. Judicial and Bar Council. 380 SCRA 49 (2002)]. vacancies in the lower courts shall be filled within ninety (90) days from submission of the list of nominees. These appointments to the courts. 615 SCRA 666 (2010) The President may also appoint his first cousin. After the end of the term. which is what is sought to be prevented by the prohibition (De Castro v. The prohibition in Section 13. Sec. starting from the lowest court. Article VIII of the Constitution. VII. could he appoint Margie. 380 SCRA 49 (2002)]. The prohibition does not apply to a by-passed ad interim appointment. [Art. as Justice of the Court of Appeals.

vacancies in Judiciary within the prescribed periods. Page 79 of 445 Political and Public International Law . or FALSE if the statement is false. The Independent Central Monetary Authority of the Government is the: a. The House of Representatives from where all appropriation bills emanate. d. Bankers Association of the Philippines. When the President orders the Chief of the Philippine National Police to suspend the issuance of permits to carry firearms outside the residence. if so provided by the General Appropriations Act. (D) the calling out power. (5%) (2009 Bar Question) The President exercises the power of control over all executive departments and agencies. (C) the power of supervision. The Office of the President through the Department of Budget and Management. d. b. Central Bank of the Philippines. Explain your answer in not more than two (2) sentences. Philippine Affiliate. Local government units The independent economic planning agency of the Government as provided for by the Constitution is the: a. c. The delay is excusable. Doctrine of qualified political agency b. including government-owned or controlled corporations. National Economic Development Authority. Who has control of the expenditure of public funds? (1%) (BAR 2013) A. since it will be impossible to comply with his obligation. Power of control and supervision a. National Productivity Commission. (2014 BAR EXAMS) 3. Answer TRUE if the statement is true. the prohibitions against the appointments releases the President from the obligation to appoint within them. c. E. The Congress of the Republic of the Philippines. b. (B) the Commander-in-Chief power. Both the members of Congress and the President acting jointly. the President exercises (2011 BAR) (A) the power of control. Executive departments and offices c. B. National Privatization Office. C. World Bank. The Senate through its Committee on Finance. Philippine Mission of the International Monetary Fund. National Economic Council. TRUE or FALSE. D.

Is the invocation of the doctrine by the BOD proper? Explain. The BOD claims otherwise arguing that the doctrine of qualified political agency applies to the case. (1%) 2014 BAR EXAMS (A) civil servants must first qualify before they could be appointed to office (B) all employees in the government are merely agents of the people (C) the acts of subordinates presumptively of those of the heads of offices disapproves them (D) members of the Cabinet must have the absolute trust and confidence of the President A law provides that the Secretaries of the Departments of Finance and Trade and Industry. Under the so-called doctrine of qualified political agency. Secretary of Environment and Natural Resources. SUGGESTED ANSWER: True. and. all executive organizations are adjuncts of a single Chief executive. Article VII of the Constitution the President has control of all executive departments. The other four (4) members shall come from the private sector. 2015 BAR EXAMS ANSWER: The invocation by the Board of directors of the doctrine of qualified political agency is not proper. is an alter ego of the President. that the heads of the executive Departments are assistants and agents of the Chief Executive. even if they are performing quasi-judicial functions (Cruz v. Dipasupil questioned the legality of the Resolution alleging that the BOD has no authority to do so. the Governor of the Central Bank. the Director General of the National Economic Development Authority. thus. The BOD issues a resolution to implement a new organizational structure. and Page 80 of 445 Political and Public International Law . This doctrine is in recognition of the fact that in our presidential form of government. “The doctrine of qualified political agency essentially postulates that the heads of the various executive departments are the alter egos of the President. Under Section 18. After the implementation of the Resolution. staffing pattern. bureaus and offices. and the Chairperson of the Philippine Overseas Construction Board shall sit as ex-officio members of the Board of Directors (BOD) of a government owned and controlled corporation (GOCC). It contends that since its agency is attached to the Department of Finance. His power of control extends to agencies with respect to their administrative functions. whose head. 347 SCRA 128 [2000]) and to government-owned or controlled corporations (National Marketing Corporation v. the actions taken by such heads in the performance of their official duties are deemed the acts of the President unless the President himself should disapprove such acts. Atty. Area. the Secretary of Finance. and a new set of qualification standards. 29 SCRA 648 [1969]). a position classification system. the BOD's acts were also the acts of the President.

Jax appealed to the Office of the President which reinstated the LTFRB’s ruling. BB appealed to the Secretary of the Department of Transportation and Communication (DOTC). March 5. The Cabinet Members sat on the Board of Directors ex officio .” (Trade and Investment Development Corporation of the Philippines v. The doctrine has been adopted here out of practical necessity. when there is no law providing an appeal to the Office of the President. LTFRB ruled in favor of Jax. who reversed the LTFRB decision. it was the law. (C) Yes. not the President. thet were acting as the responsible members of the Board of Directors” constituted pursuant to the law. when the members of the Board of Directors effected the assailed… reorganization. Trade and Investment Development Corporation of the Philippines./ Manalang- Demigillo. 2013. no such appeal may be pursued. the doctrine of qualified political agency renders unnecessary a further appeal to the Office of the President. No. G. Will the petition prosper? (A) No. that sat them in the Board. No.” not as the alter egos of the President. that the multiple executive functions of the president as the Chief Executive are performed through the Executive Departments. BB Express went to the Court of Appeals on certiorari questioning the decision of the Office of the President on the ground that Office of the President has no jurisdiction over the case in the absence of any law providing an appeal from DOTC to the Office of the President. “not because of their direct appointment to the Board by the president. Manalang-Demigillo v. exhaustion of administrative remedies up to the level of the President is a pre-requisite to judicial recourse.” “Under the circumstances. Military Powers Distinguish the President's authority to declare a state of rebellion from the authority to proclaim a state of national emergency. 185571. (2%) 2015 BAR EXAMS ANSWER: While both the power to declare a state of rebellion and the power to proclaim a state Page 81 of 445 Political and Public International Law . BB Express opposed. 4.R. G. the action of the DOTC Secretary bears only the implied approval of the President who is not precluded from reviewing the decision of the former.R. Evidently. (D) Yes. 168613. 2013) Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land Transportation Franchising and Regulatory Board (LTFRB). considering that the President cannot be expected to personally perform the multifarious functions of the executive office. or by reason of their office or function. (B) No. March 5.

invasion or rebellion. The local government units in the Province of Aurora may enact a supplemental budget for the purchase of supplies and materials or the payment of services to prevent danger to or loss of life or property.” (Sanlakas v. may employ the powers attached to this office as the Commander-in-Chief of all armed forces of the country. Arroyo. 2006) To give the much needed help to the Province of Aurora which was devastated by typhoons and torrential rains. the power to declare a state of rebellion springs from the President’s so called “calling out power” under Section 18 of Article VII of the Constitution. Under said provision. both of which authorize the statutory delegation of emergency powers in favor of the President. which provides that “whenever it becomes necessary. that without a law promulgated pursuant to the provisions of Section 23(2) of Article VI. 292 Administrative Code of 1987). “(David v. 2004. 171396. Republic Act No. Local Government Code). 2006) It must be noted though. the President. he may call out such armed forces to prevent or suppress lawless violence. (Section 7(c). Executive Secretary. February 3. “in the exercise of such function. he is limited to the exercise of his calling-out power under Section 18 of Article VII of the Constitution. 159085. and Section 17 of Article XII. Science and technological personnel of the government in the Province of Aurora shall be paid hazard allowance. No. May 3. 3. Page 82 of 445 Political and Public International Law . (David V. Public health workers in the Province of Aurora shall be paid hazard allowance. Book III of Executive Order No.R. the President “sees to it that all laws are enforced by the officials and employees of his department. (4%) (2005 Bar Question) SUGGESTED ANSWER: The proclamation of a state of calamity by the President will have the following legal effects: 1. 7305). 2. (Section 324(d). consistent with the provisions of Section 17 of Article VII of the Constitution. G. (Section 21. The five per cent of the estimated revenue from regular sources required to be appropriated in the budgets of local government units for unforeseen expenditures may be used in the Province of Aurora. 4. 8439). G. May 3. G.R.” Give at least four (4) legal effects of such declaration. 171396. he is limited to the statutory delegation of emergency powers in favor of the President.R.” Moreover. if needed. Republic Act No. and may not exercise emergency powers. of national emergency may be justified under the President’s general Ordinance Powers under the provisions of the Administrative Code (Chapter 2. while the power to proclaim a state of national emergency can be said to be based primarily on his duty to enforce the laws as well as to formulate policies to be embodied in existing laws. including the Philippine National Police under the Department of Interior and Local Government. the President declared it in a “state of calamity. Arroyo. Local Government Code]. No. No. (Section 321. 421 SCRA 656).

If Page 83 of 445 Political and Public International Law . A crime committed in the Province of Aurora will be considered as aggravated. The duration of the proclamation shall not exceed sixty days. Under Section 18. when public safety requires it. The President can place Sulu and Basilan under martial law since there is an actual rebellion. Declaring a rebellion. Republic Act No. There must be actual invasion or rebellion: 2. (Section 6(1). 6. The prices of basic necessities in the Province of Aurora shall automatically be frozen at their prevailing levels or placed under automatic price control. (Article 14(7). 7581 entitled The Price Act). The following are the constitutional safeguards on the exercise of the power of the President to proclaim martial law: 1. (D) to raid a suspected haven of lawless elements. What are the constitutional safeguards on the exercise of the President's power to proclaim martial law? (2%) (2000 Bar Question) SUGGESTED ANSWER: A. upon recommendation of the respective Sangguniang Panlalawigan. hostile groups have opened and maintained armed conflicts on the islands of Sulu and Basilan. can the President place under martial law the islands of Sulu and Basilan? Give your reasons? (3%) (2000 Bar Question) B. (The last two (2) answers to this case are more appropriate for coverage in other subjects. 5. (B) to secure shopping malls against terrorists. To quell this. The President may proclaim martial law over a particular province subject to revocation or extension (A) by Congress. B. the President can place any part of the Philippines under martial law in case of rebellion.) The President CANNOT call out the military (2011 BAR) (A) to enforce customs laws. (C) by Congress alone (D) by Congress. 3. Within forty-eight hours.subject to ratification by the Supreme Court. (2011 BAR) (B) by the Supreme Court. Article VII of the Constitution. (C) to arrest persons committing rebellion. the President shall report his action to Congress. Revised Penal Code). A. If public safety requires it.

in any event. (Cruz. Congress may extend the proclamation if the invasion or rebellion continues and public safety requires the extension. and the President cannot set aside the revocation. Congress is not in session. C. In the same suit. it must convene within twenty-four hours. and the Supreme Court must decide the case within thirty days from the time it was filed.in-Chief. Article VII of the Constitution. It does not supplant the functioning of the civil courts and of Congress. The Supreme Court should reject the contention of the Solicitor General. 1018. [1997]). Pursuant to the Proclamation.Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. 1018 placing the Philippines under Martial Law on the ground that a rebellion staged by lawless elements is endangering the public safety. upon initiative of the President. 1018? Explain. Robert dela Cruz. B.5% (2006 Bar Question) SUGGESTED ANSWER: B. The Supreme Court may review the factual sufficiency of the proclamation. filed with the Supreme Court a petition questioning the validity of Proclamation No. 42 SCRA 448. the determination of whether the rebellion poses dangers to public safety involves a question of fact and the Page 84 of 445 Political and Public International Law . Philippine Political Law. 213-214. 1018. Since the exercise of the power to proclaim martial law is subject to the condition that there is invasion or rebellion and that public safety requires the proclamation. By the same vote and in the same manner. pp. the Solicitor General contends that under the Constitution. 7. the Supreme Court may inquire into the sufficiency of the factual basis of Proclamation No.5% (2006 Bar Question) SUGGESTED ANSWER: A. Robert has standing to challenge Proclamation No. Military courts have no jurisdiction over civilians where civil courts are able to function. determines whether the exigency has arisen requiring the exercise of his power to declare Martial Law and that his determination is conclusive upon the courts. Garcia. The Solicitor General argues that.. A. 1018 (Section 18. 4. suspected rebels were arrested and detained and military tribunals were set up to try them. the President as Commander. Does Robert have a standing to challenge Proclamation No. a citizen. 5. because any citizen may question the sufficiency of its factual basis (Section 18. 6. The President issued Proclamation No. 2. Congress may by majority vote of all Its members voting jointly revoke the proclamation. Article VII of the Constitution). How should the Supreme Court rule? 2. 1995 ed. Lansang v.

SUGGESTED ANSWER: (A) SECTION 19. c. The Supreme Court should reject the argument of the Solicitor General. trial and punishment in an ordinary criminal action. What is the effect of the inaction of Congress on the suit brought by Robert to the Supreme Court? 2. The court did not impose the additional penalty of disqualification to hold public office and of deprivation of the right of suffrage as provided for in Section 164 of the Omnibus Election Code of the Philippines (B.5% (2006 Bar Question) SUGGESTED ANSWER: C. Luis Millanes was prosecuted for and convicted of an election offense and was sentenced to suffer imprisonment for six years. The inaction of Congress does not affect the suit brought by Robert. What should be the ruling of the Court? 2. Vol. it allows the Supreme Court to be a trier of facts in this case (Section 18. Finally. d.P. 493-494). None of the above. Nature and Limitation b. A person convicted in an impeachment proceeding is granted an absolute pardon. Page 85 of 445 Political and Public International Law . paragraph 3. II. but Congress did not revoke the proclamation. The power of the Supreme Court to review the sufficiency of the factual basis of Proclamation No. Supreme Court is not a trier of facts. Pardoning power a. pp. (Record of the Constitutional Commission. 1018. 5. the Solicitor General maintains that the President reported to Congress such proclamation of Martial Law. b. D. A person convicted in an impeachment proceeding is subject to prosecution. ARTICLE VII OF CONSTITUTION In connection with the May 1987 Congressional elections.5% (2006 Bar Question) SUGGESTED ANSWER: D. 1018 is over and above the power of Congress to revoke it. A person convicted in an impeachment proceeding files his appeal before the Supreme Court. Article VII of the Constitution). He may however exercise such power when: (2012 BAR EXAMS) a. Forms of Executive Clemency The President cannot grant pardon in cases of impeachment. Since the Constitution authorizes the Supreme Court to review the sufficiency of the factual basis of Proclamation No.

(1993 Bar Question) Page 86 of 445 Political and Public International Law . Then for the election in May 1992. Luis Millanes files his certificate of candidacy for the office of Mayor in his municipality. the President granted him absolute pardon on the basis of a strong recommendation of the Board of Pardons and Parole. conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable. following the doctrine laid down in Barrioquinto vs. Sec. as charged. The pardon is void. Is this correct? Explain. In other words. Under Article IX. (B) No. Can he get Presidential pardon on the plunder case? (2011 BAR) (A) No. The National Unification Commission has recommended the grant of absolute and unconditional amnesty to all rebels. they need not be expressly imposed by the court because their imposition follow automatically from the imposition of the principal penalty. conviction in court in a criminal action is subject to the President's pardoning power. 642. Following COMELEC Chairman Bocay's conviction for acts of corruption in the impeachment proceedings. (D) Yes. Is the pardon valid? (1991 Bar Question) SUGGESTED ANSWER: These are actually accessory penalties. 82 Phil. convictions in two different fora for the same acts. Big. C. As such. are too harsh that they are not beyond the reach of the President’s pardoning power. he was indicted for plunder before the Sandiganbayan and found guilty. There is the view that it is not necessary for the rebels to admit the commission of the crime charged. 5 of the Constitution. In April 1991. no pardon for violation of an election law may be granted without the favorable recommendation of the Commission on Elections. admission of guilt is not a condition sine qua non for the availment of amnesty. 881). What is the effect of the failure of the court to impose the additional penalty? (1991 Bar Question) B. plunder is not a pardonable offense. Fernandez. since Luis Millanes was convicted for the commission of an election offense and his pardon was not made upon the recommendation of the Commission on Elections. A. it being enough that the offense falls within the scope of the amnesty proclamation. (C) Yes.

(1995 Bar Question) 3. Wilson. Lucas can reject the pardon. 642 has been overturned. According to Biddle vs. Is the pardon of the President valid? Explain. The pardon is not valid. 274 U.S. acceptance is essential to complete the pardon and the pardon may be rejected by the person to whom it is tendered. (1995 Bar Question) SUGGESTED ANSWER: 1. for it may inflict consequences of greater disgrace than those form which it purports to relieve. Lucas cannot reject the pardon. Under Section 19. The President may grant the accused amnesty. for the grant of pardon involves a determination by the President that public welfare will be better served by inflicting less than what the judgment fixed. can Lucas reject it? Explain. the doctrine laid down in Barrioquinto us. 480.S. May the accused avail of the benefits of amnesty despite the fact the he continued to profess innocence? Explain. Amnesty presupposes the commission of a crime. It is inconsistent for someone to seek for forgiveness for a crime which he denies having committed. pardon may be granted only after conviction by final judgment. Pasilan 14 SCRA 694). 642. 82 Phil. was captured by policemen while about to board a passenger bus bound for Sorsogon. 82 Phil. 150 and Burdick vs. 480. United States. Article VII of the 1987 Constitution. Amnesty may be granted before or after the institution of the Page 87 of 445 Political and Public International Law . acceptance is not necessary. 274 U. a ranking member of the NDF. 3. Charged with rebellion he pleaded not guilty when arraigned. SUGGESTED ANSWER: The view that it is not necessary for rebels to admit the commission of the crime charged in order to avail themselves of the benefits of amnesty is not correct. Before trial he was granted absolute pardon by the President to allow him to participate in the peace talks between the government and the communist rebels. 7 Pet. 7 SCRA 156. Fernandez. Fernandez. SUGGESTED ANSWER: No. Lucas. (1995 Bar Question) 2. As held in United States vs. may the President grant the accused amnesty if favorably recommended by the National Amnesty Commission? Explain. As stated in Vera v. 2. Instead of a pardon. Yes. According to Barrioquinto vs. 1. People. Assuming that the pardon is valid. (People vs. (1995 Bar Question) 4. Perovich.

4. 65 Phil. since amnesty presupposes the commission of a crime. 1. (2%) (1999 Bar Question) C. 2. commutation. Vera. . The favorable recommendation of the Commission on Elections is required for violation of election laws. If later the same position becomes vacant. . it is inconsistent for an accused to seek forgiveness for something which he claims he has not committed.Commutation is a remission of a part of the punishment. People. would he be entitled to a reinstatement without the need of a new appointment? Explain. Distinguish between pardon and amnesty. 111-112 (1930). as follows: . The first paragraph of Section 19 of Article VII of the Constitution providing for the pardoning power of the President mentions reprieve. pardon. the accused cannot avail of the benefits of amnesty if he continues to profess his innocence. criminal prosecution. is an act of grace. Page 88 of 445 Political and Public International Law . The following are the limitations on the pardoning power of the President. on the other hand.Reprieve is a postponement of the execution of a sentence to a day certain. Assuming that the position of Assistant City Treasurer has remained vacant. While serving sentence. It cannot be granted in cases of impeachment.imposed. and differentiate one from the others.A pardon. rules and regulations. 7 SCRA 152. could he reapply and be reappointed? Explain. (2%) (1999 Bar Question) SUGGESTED ANSWER: A. In Vera vs. and pardon. (1988 Bar Question) SUGGESTED ANSWER: The terms were defined and distinguished from one another in People v. Please define the three of them. a substitution of less penalty for the one originally. proceeding from the power intrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. commutations. No. What are the constitutional limitations on the pardoning power of the President? (2%) (1999 Bar Question) B. A City Assistant Treasurer was convicted of Estafa through falsification of public document. A. Reprieves. he was granted absolute pardon by the President. 3. 1. (2%) (1999 Bar Question) 2. 56. and remission of fines and forfeitures can be granted only after conviction by final judgment.

pardon merely frees the individual from all the penalties and legal disabilities imposed upon him because of his conviction. while amnesty is granted to classes of persons or communities. 5. It does not restore him to the public office relinquished by reason of the conviction.) The Assistant City Treasurer can reapply and be appointed to the position.een convicted by final judgment and was not given a chance to be heard before he was recommitted to prison. while amnesty is granted for political offenses. According to Barrioquinto v. 82 Phil. 4. while amnesty looks backward and the person granted it stands before the law as though he had committed no offense C. SECOND ALTERNATIVE ANSWER: 2. Later. A claimed in his petition for habeas corpus filed in court that his detention was illegal because he had not yet b. while amnesty is a public act of which courts take judicial notice. Pardon is granted to individuals. upon recommendation of the Board of Pardons and Parole. As recommended. 1. A. 642. since the pardon removed the disqualification to hold public office. Pardon is granted after final conviction. 2.) The Assistant City Treasurer cannot reapply and be appointed to the position.) As held in Monsanto v. Is A’s argument valid? (1997 Bar Question) Page 89 of 445 Political and Public International Law . the Board of Pardons and Parole recommended to the President the cancellation of the pardon granted him because A had been charged with estafa on 20 counts and was convicted of the offense charged although he took an appeal there from which was still pending. Pardon does not require the concurrence of Congress. FIRST ALTERNATIVE ANSWER: 2. the President canceled the pardon he had granted to A. Factoran. Fernandez. 3. while amnesty requires the concurrence of Congress. B. 1. while amnesty may be granted at any time. while serving imprisonment for estafa. Under Article 36 of the Revised Penal Code. the following are the distinctions between pardon and amnesty. and Pardon looks forward and relieves the offender from the consequences of his offense. A was thus arrested and imprisoned to serve the balance of his sentence in the first case. Pardon is a private act and must be pleaded and proved by the person pardoned. was granted pardon by the President on condition that he should not again violate any penal law of the land. a pardon does not restore the right to hold public office unless such right be expressly restored by the pardon. Pardon may be granted for any offense. 170 SCRA 190.

By accepting the terms of the conditional pardon. Gonzales. not administrative. A agreed that the determination by the President that he violated the condition of his pardon shall be conclusive upon him and an order for his arrest should at once issue. Bruno's family filed a petition for habeas corpus. He was then incarcerated to serve the unexpired portion of his sentence following the revocation by the President of the pardon. Moreover. Gonzales. alleging that it was error to have him recommitted as the charges were false. Among the conditions imposed was that he would "not again violate any of the penal laws of the Philippines. such determination cannot be reviewed by the courts. the President granted him clemency by reducing the period of his suspension to the period he has already served. 152 SCRA 272 (1987)]. a hearing is not necessary before A can be recommitted to prison. (4%) (2005 Bar Question) SUGGESTED ANSWER: The petition for habeas corpus should be denied. Resolve the petition with reasons. Shortly thereafter. SUGGESTED ANSWER: The argument of A is not valid. 152 SCRA 272. As held In Llamas vs. in fact. Thus. The Vice Governor questioned the validity of the exercise of executive clemency on the ground that it could be granted only in criminal. Later. Orbos. Bruno was charged with 20 counts of estafa. cases. How should the question be resolved? (1997 Bar Question) SUGGESTED ANSWER: The argument of the Vice Governor should be rejected. Bruno still had several years to serve on his sentence when he was conditionally pardoned by the President. As held in Torres vs. Governor A was charged administratively with oppression and was placed under preventive suspension from office during the pendency of his case. the President suspended him from office for ninety days. By accepting the conditional pardon. [Torres v. half of them were already dismissed. In Page 90 of 445 Political and Public International Law . 202 SCRA 844. Found guilty of the charge. Conviction of a crime is not necessary before the President can determine that Bruno violated the condition of his pardon." Bruno accepted all of the conditions and was released. Bruno agreed that the determination of the President that he had violated its condition would be conclusive upon him. a judicial pronouncement that a ' convict who was granted a pardon subject to the condition that he should not again violate any penal law is not necessary before he can be declared to have violated the condition of his pardon. the power of executive clemency extends to administrative cases.

000 tons in any one year. in this case. (B) No. (D) Yes. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R. Page 91 of 445 Political and Public International Law .R. Article VII of the Constitution does not distinguish between criminal and administrative cases. The Executive Secretary. Section 19. the executive agreement is contrary to an existing domestic law. ST. 6. 462 which prohibits the importation of animal feeds from Asian countries. a Regional Trial Court judge who falsified his Certificate of Service. the executive agreement is actually a treaty which does not take effect without ratificaiton by the Senate. granting the power of executive clemency upon the President. 1997). the power of executive clemency cannot extend to administrative cases in the Judiciary. because it will violate the principle of separation of powers and impair the power of the Supreme Court under Section 6. Subsequently. If this power may be exercised only in criminal cases. Diplomatic power The President entered into an executive agreement with Vietnam for the supply to the Philippines of animal feeds not to exceed 40. Article VII of the Constitution excludes impeachment cases. No. the challenge is correct because there is no law employering the President to undertake the importation. G. ST filed a petition for executive clemency with the Office of the President.A. it would have been unnecessary to exclude impeachment cases from this scope. (C) No. from the scope of the power of executive clemency. which are less serious. which are not criminal cases. international agreements are sui generis and stand independently of our domestic laws. acting on said petition issued a resolution granting ST executive clemency. with more reason he can grant executive clemency in administrative cases. December 9. 97091. (E) Yes. First. Section 19. Article VIII of the Constitution of administrative supervision over all courts (Petition for Judicial Clemency of Romillo. the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land. and meted the penalty of suspension from office for 6 months. the power of executive clemency cannot be delegated for it was not signed by the President himself but by the Executive Secretary and second. was found liable by the Supreme Court for serious misconduct and inefficiency. If the President can grant pardons in criminal cases. Is the challenge correct? (1%) 2013 BAR EXAMS (A) Yes. Is the grant of executive clemency valid? Why or why not? (6%) (2008 Bar Question) SUGGESTED ANSWER: The grant of executive clemency is not valid.

Maria.No. No. 2008. under the provisions of Section 21 of Article VII of the Constitution. Hechanova. and (2) Executive Agreement allowing the Republic of Kroi Sha to bring to the Philippines its military complement. The Philippines and the Republic of Kroi Sha established diplomatic relations and immediately their respective Presidents signed the following: (1) Executive Agreement allowing the Republic of Kroi Sha to establish its embassy and consular offices within Metro Manila. when the Congress so requires. It is the President who ratifies treaties. February 7. L-21897.R. Sta. July 16. ratified by a majority of the votes cast by the people in a national referendum held for that purpose. (China National Machinery &^ Equipment Corporation v. troops or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and. 462 SCRA 622) Page 92 of 445 Political and Public International Law . 2012. G. SUGGESTED ANSWER: (A)(Gonzales v. Executive Secretary. (Pimentel v. 9 SCRA 230). 665 SCRA 189) The second Executive Agreement which allows the Republic of Kroi Sha to bring to the Philippines its military complement.” It should be noted that. October 22. Senator Maagap questioned the constitutionality of the said Executive Agreements and demanded that the Executive Agreements be submitted to the Senate for ratification pursuant to the Philippine Constitution. the Senate merely provides its concurrence to.R. treaties. and from paying custom duties on all the goods brought by said foreign forces into Philippine territory in connection with the holding of the activities authorized under the said Executive Agreement. Is Senator Maagap correct? Explain. ( 4 % ) 2015 BAR EXAMS SUGGESTED ANSWER: It is submitted that only the first Executive Agreement regarding the establishment of the embassy of Kroi Sha need not be submitted to the Senate for its concurrence following the general rule that the Executive Agreements need not to submitted to the Senate for its concurrence. warships. No. and does not ratify. 185572.R. and recognized as a treaty by the of the contracting state. and armaments from time to time for a period not exceeding one month for the purpose of training exercises with the Philippine military forces and exempting from Philippine criminal jurisdiction acts committed in the line of duty by foreign military personnel. G. and armaments from time may be subject to the provisions of Section 25 of Article XVIII of the Constitution. under the Constitution. G. warships. which provides that “foreign bases. 1963. 15808.

under the provisions of Section 21 of Article VII of the Constitution. 654. only such agreements with the United States of America would be required to be the subject of a treaty which would need the concurrence of the Senate. The Japanese Government has accordingly launched a goodwill campaign and has offered the Philippine Government substantial assistance for a program that will promote — through government and non-governmental organizations — womens' rights. February 7. and does not ratify. Regan 453 U. Executive Secretary. (Pimentel v. G. Filipinas were among those conscripted as "comfort women" (or prostitutes) for Japanese troops in various parts of Asia. Maria. the necessary power to make such compromises has been recognized. which allows the Republic of Kroi Sha to bring to the Philippines its military complements. Alternative Answer Senator Maagap is wrong. G. Under Section 25 of Article XVIII of the Constitution. The comfort women and their descendants cannot assert individual claims against Japan. Since the continued amity between a State and other countries may require a satisfactory compromise of mutual claims.R. No. treaties. under the Constitution. The settlement of such claims may be made by executive agreement. a descendant of a now deceased comfort woman. the sovereign authority of a State to settle claims of its nationals against foreign countries has repeatedly been recognized. nutrition and family health care. (1992 Bar Question) SUGGESTED ANSWER: The agreement is valid. It is the President who ratifies treaties. 2008. 665 SCRA 189) This would be true with respect to both Executive Agreements in the problem. As stated in Davis & Moore vs. Juliano Iglesias. (China National Machinery & Equipment Corporation v.R.S. including the second one. 462 SCRA 622) The Japanese Government confirmed that during the Second World War. 15808. Sta. child welfare. 2012. Executive Agreements need not be submitted to the Senate for its concurrence. It should be noted that. An executive agreement is about to be signed for that purpose. The agreement includes a clause whereby the Philippine Government acknowledges that any liability to the "comfort women" or their descendants are deemed covered by the reparations agreements signed and implemented immediately after the Second World War. seeks your advice on the validity of the agreement. warships and armaments from time to time. Page 93 of 445 Political and Public International Law . the Senate merely provides its concurrence to. NO. 185572. This may be made without the consent of the nationals or even without consultation with them. July 16. Advise him.

The Senate. Is the President bound to submit the agreement to the Senate for ratification? (1994 Bar Question) SUGGESTED ANSWER: No. only the prior concurrence of the Monetary Board is required for the President to contract foreign loans on behalf of the Page 94 of 445 Political and Public International Law .000 tons. Under Section 20. Article VII of the Constitution that to be valid and effective a treaty or international agreement must be concurred in by at least two-thirds of all the Members of the Senate.A. the President is not bound to submit the agreement to the Senate for ratification. Article VII of the Constitution. 462 which prohibits the importation of animal feeds from Asian countries. international agreements are sui generis which must stand independently of our domestic laws. by a resolution. The Secretary of Foreign Affairs advised the Secretary of Public Works and Highways not to comply with the request of the Senate. the executive agreement is contrary to our existing domestic law. Is the challenge correct? (2011 BAR) (A) Yes. asked that the agreement be submitted to it for ratification. (D) Yes. The Secretary of Foreign Affairs advised the Secretary of Public Works and Highways not to comply with the request of the Senate. (C) No. (B) No. asked that the agreement be submitted to it for ratification. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R. the executive agreement is actually a treaty which does not take effect without ratification by the Senate. The Senate. because of the requirement in Section 21. by a resolution. what is the role of the Senate in the conduct of foreign affairs? (1994 Bar Question) SUGGESTED ANSWER: The Senate plays a role in the conduct of foreign affairs. Under the Constitution. The President of the Philippines authorized the Secretary of Public Works and Highways to negotiate and sign a loan agreement with the German Government for the construction of a dam. The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40. the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land. The President of the Philippines authorized the Secretary of Public Works and Highways to negotiate and sign a loan agreement with the German Government for the construction of a dam.

the House of Representatives may pass a resolution expressing its views on the matter. particularly in entering into treaties and international agreements. Although the Senate has the power to concur in treaties. the House of Representatives cannot take active part in the conduct of foreign relations. Kui into Philippine territory. (1996 Bar Question) SUGGESTED ANSWER: No. the President alone negotiates treaties and Congress is powerless to intrude into this. of Foreign Affairs informed the President of the regional and national security implications of having Prof. The Secretary. Decide with reasons.S. Can the House of Representatives take active part in the conduct of foreign relations. Article VII of the Constitution. the President alone is the representative of the nation in the conduct of foreign affairs. Kui address the conference. Republic of the Philippines. The chancellor of CLSU argued that the instruction violates the Constitution. if the matter involves a treaty or an executive agreement. (4%) (2009 Bar Question) Page 95 of 445 Political and Public International Law . Section 4. Curtiss-Wright Export Corporation. the power of the President to contract or guarantee loans on behalf of the Republic of the Philippines is subject to the prior concurrence of the Monetary Board and subject to such limitations as may be prescribed by law. particularly in entering into treaties and international agreements? Explain. 299 U. However. was invited as keynote speaker. The League of Filipino Political Scientists (LFPS) organized an international conference on the human rights situation in Myanmar at the Central Luzon State University (CLSU). 304. As held in United States vs. What are the restrictions prescribed by the Constitution on the power of the President to contract or guarantee foreign loans on behalf of the Republic of the Philippines? Explain. Article XVIII of the Constitution provides: All existing treaties or international agreements which have not been ratified shall not be renewed or extended without the concurrence of at least two thirds of all the Members of the Senate. critical of the military government in Myanmar. (2%) (1999 Bar Question) SUGGESTED ANSWER: Under Section 20. An exiled Myanmar professor Sung Kui. The President thereupon instructed the immigration authorities to prevent the entry of Prof.

be has the power to ban aliens from entering the Philippines. (Lee and Quigley. 304 [1936]. Monetary Board.) Since the President has the power of control over. concerned about persistent reports of widespread irregularities and shenanigans related to the alleged ghost projects with which the pork barrel funds of members of Congress had been associated. SUGGESTED ANSWER: (B)(Article VII. p. The President. The Chief Executive explained that. Consular Law and Practice. preventing Prof. can guarantee a foreign loan on behalf of the Republic of the Philippines. submit to Congress a complete report of the loans contracted or guaranteed by the Government or government-owned and controlled corporations. d. (B) Congress may. with the concurrence of the Monetary Board. c. Senate. Since an alien has no right to enter the Philippines. foreign relations. by law. Powers relative to appropriation measures The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines only upon prior concurrence of the: (2012 BAR EXAMS) a.S. decided not to release the funds authorized under a Special Appropriations Act for the construction of a new bridge.) 7. (C) In order to be valid and effective. b. Curtiss- Wright Export Corporation. SUGGESTED ANSWER: (D) SECTION 20.. Sing Kui from entering the Philippines is not a violation of his rights. House of Representatives. provide limitations on the President’s power to contract or guarantee foreign loans on behalf of the Republic of the Philippines. 299 U. at the end of every quarter of the calendar year. ARTICLE VII OF CONSTITUTION Which of the following statements is correct? (1%) 2013 BAR EXAMS (A) The President. SUGGESTED ANSWER: The argument of the chancellor of Central Luzon State University is not valid. Central Bank. 220. (E) All the above choices are defective in some respects. Section 20 of the 1987 Constitution). to Page 96 of 445 Political and Public International Law . 3rd ed. (D) The President shall. (United States v. treaties and executive agreements must be concurred in by at least two-thirds of all the Members of the Senate.

) (2014 BAR EXAMS) 8. SUGGESTED ANSWER: (C) SECTION 27(2) ARTICLE VI OF CONSTITUTION Page 97 of 445 Political and Public International Law . No. It is folly to require the President to spend the entire amounts appropriated in the law in such a case. 235 SCRA 506 (1994).R. (Philippine Constitution Association v. The faithful execution of the laws requires the President to desist from implementing a law if by doing so will prejudice public interest. 2014. or tariff bill. he cannot replace legislative discretion with his own personal judgment as to the wisdom of a law (Araullo v. b. as well as to avoid further mistrust by the people. c. properly conserve and preserve the limited funds of the government. specific veto. Generally. d. is called the: (2012 BAR EXAMS) a. 209287. item veto. 9. Veto powers The power of the President to veto any particular part in an appropriation revenue. Aquino G.should be scrapped. July 1.which he considered as unnecessary since there was an old bridge near the proposed bridge which was still functional . monetary veto. ALTERNATIVE ANSWER: The President does not possess the authority to scrap the Special appropriated funds. such a project . (D) inherent power. revenue veto. Does the President have such authority? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: The Presidential has the authority to withhold the release of the funds under a Special Appropriation Act for a Project which he considered unnecessary. (B) concurring power. (C) residual power. Enriquez. Delegated powers The President may set a limit on the country's import quota in the exercise of his (2011 BAR) (A) delegated power.

Is option (1) viable? If so. the vetoed provision does not relate to any particular appropriation and is more an expression of a congres-sional policy in respect of augmentation from savings than a budgetary provision. Under the Constitution the vote of two-third of all the members of the House of Representatives and the Senate. It is therefore an inappropriate provision and it should be treated as an item for purposes of the veto power of the President. The Senate. or partial veto. no basis for the Senate to even consider the possibility of overriding the President’s veto. an item veto. among which is a provision stating that the President may not increase an item of appropriation by transfer of savings from other items.” (2%) (2009 Bar Question) SUGGESTED ANSWER: A pocket veto is when the President is considered to have rejected a bill submitted to him for his approval when Congress adjourns during the period given to the President to approve or reject a bill. the Supreme Court upheld the constitutionality of a si Bar Question milar veto. The President signs into law the Appropriations Act passed by Congress but she vetoes separate items therein. what is the vote required to override the veto?(1991 Bar Question) B. In Gonzales vs. On the other hand. The House of Representatives chooses not to override this veto. is unwilling to override the presidential veto. 27(2) of the Constitution. proceeds to consider two options: (1) to override the veto and (2) to challenge the constitutionality of the veto before the Supreme Court. why not? If viable. Is option (2) viable? If not. Macaraig. how should the Court decide the case? (1991 Bar Question) SUGGESTED ANSWER: A. Sec. Moreover. from which the Appropriations Act originated and to which the President must have returned the law. is the power of a President to nullify or Page 98 of 445 Political and Public International Law . will be needed to override the presidential veto. Under Article VI. Option 1 is not viable in as much as the House of Representatives. 191 SCRA 152. therefore. however. There is. Distinguish between “pocket veto” and “item veto. a distinct and severable part of the General Appropriations act may be the subject of a separate veto. A. The Supreme Court should uphold the validity of the veto in the event the question is brought before it. voting separately. It is not feasible to question the constitutionality of the veto before the Supreme Court. B.

Article XVI of the Constitution. who were among those tasked to maintain peace and order during the last election." Several individuals and groups challenge the constitutionality of the subject executive order because it frustrates the power of the Congress to conduct inquiries in aid of legislation under Section 21. It is upon the President that executive power is vested. 2006). are covered by executive privilege. usually a budget appropriations bill. without vetoing the entire legislative package. 10. The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged irregular and anomalous disbursements of the Countrywide Development Fund (CDF) and Congressional Initiative Allocation (CIA) of Congressmen as exposed by X. Page 99 of 445 Political and Public International Law . The provision in the Executive Order which authorized Department Secretaries to invoke executive privilege in case senior officials in their departments are asked to appear in a legislative investigation is unconstitutional. Article VI of the 1987 Constitution. the President can prevent the Brigadier General Matapang and Liutenant Colonel Makatwiran from appearing before the Senate to testify before a legislative investigation (Guidani v. refused to attend because of an Executive Order banning all public officials enumerated in paragraph 3 thereof from appearing before either house of Congress without prior approval of the President to ensure adherence to the rule of executive privilege. The House Committee summoned X and the DBM Secretary to appear and testify. Implicated in the questionable disbursement are high officials of the Palace. By virtue of this power. in the judgment of the department heads. The invitations state that these public hearings were triggered by the privilege speeches of the Senators that there was massive electoral fraud during the last national elections. Among those included in the enumeration are "senior officials of executive departments who. (5%) 2015 BAR EXAMS SUGGESTED ANSWER: Under Section 5. X refused to appear. Decide the case. 2006). Only the President can make use of Executive Privilege (Senate v. while the Secretary appeared but refused to testify invoking executive privilege. cancel specific provisions of a bill. The invitees Brigadier General Matapang and Lieutenant Coronel Makatuwiran. the President is the Commander-in- Chief of the Armed Forces of the Philippines. a Division Chief of the Department of Budget and Management (DBM). Ermita. Senga. Residual powers 11. Executive privilege Several senior officers of the Armed Forces of the Philippines received invitations from the Chairperson of the Senate Committees on National Defense and Security for them to appear as resource persons in scheduled public hearings regarding a wide range of subjects.

488 SCRA 13 (2006). what sanction may be imposed on him? (2%) (2009 Bar Question) SUGGESTED ANSWER: X may be compelled to appear and testify. 2014). Concepts 1. is there any sanction that may be imposed upon him? (3%) (2009 Bar Question) SUGGESTED ANSWER: The Secretary of Budget and Management is not shielded by executive privilege from responding to the inquiries of the House Committee on Appropriations.) For refusing to testify. (Senate of the Philippines v. he may cited for contempt and ordered to be arrested (De la Paz v Senate Committee on Foreign Relations. 579 SCRA 521 [2009]. Ochoa. 488m SCRA 1 (2006.) A department secretary may. (De la Paz v. (B) must hold an executive session to hear the department secretary. Ermita. Is the Budget Secretary shielded by executive privilege from responding to the inquiries of the House Committee? Explain briefly. (C) may altogether reject the initiative.) He can be cited for contempt and ordered to be arrested. If the answer is no. Page 100 of 445 Political and Public International Law . (D) must accept such initiated appearance. (Senate of the Philippines v. May X be compelled to appear and testify? If yes. initiate his appearance before the Senate or the House of Representatives which (2011 BAR) (A) must seek the concurrence of the other House before acting. Ermita. Only the President or the Executive Secretary by order of the President can invoke executive privilege. the facial challenge to the constitutionality laws is no longer limited to laws which violate the freedom of speech but applies to all violations of fundamental rights under the Bill of Rights (Imbong vs. 519 SCRA 521 [2009]. with the President's consent. Senate Committee on Foreign Relations. Judicial power What is the concept of expanded judicial review under the 1987 Constitution? (2015 BAR) Answer: The concept of expanded judicial review of the Supreme Court. because the inquiry is aid of legislation and neither the President nor the Executive Secretary by order of the President invoked executive privilege.) V. Judicial Department A.

the Rules on the Writ of Habeas Data. by law.A.. Aquino. 10. 685). 14344 creating the City of Masuwerte which took effect on September 25. Section 3 (5). and she is. p. construing or enforcing the law. (2%) (2015 BAR) Suggested Answer: Judicial legislation refers to the encroachment by the Judiciary upon the function of the legislature by making law rather than declaring. 2014. she is assigned car plate No. If you are a member of the JBC. Differentiate the rule-making power or the power of the Supreme Court to promulgate rules under Section 5. or ministerial actions and may be invoked to restrain any act of grave abuse of discretion of any branch of government (Araullo vs. In two (2) cases that it filed. entitled to the rank. she has the rank of a Justice of the Court of Appeals. (Ballentine’s Law Dictionary. Article VIII of Constitution granted the Supreme Court power to promulgate rules concerning the protection and enforcement of constitutional rights. benefits and privileges of a Court of Appeals Justice. Article VIII of the 1987 Constitution and judicial legislation. the City of Masuwerte was assessed legal fees by the clerk of court pursuant to Rule 141 (Legal Fees) of the Rules of Court. would you give credit to this explanation? (6%) 2013 BAR EXAMS SUGGESTED ANSWER: No. the Supreme Court promulgated the Rule on the Writ of Amparo. No. Commissioner Annie Amorsolo of the National Labor Relations Commission claims that she should be given credit for judicial service because as NLRC Commissioner. In addition. 668 SCRA 1 [2012]). The City of Masuwerte questions the assessment claiming that it is exempt from paying legal fees under Section 23 of its charter. I will not give credence to the explanation of Commissioner Annie Amorsolo. Congress enacted R. (In Re Exemption from Payment of Court and Sheriff’s Fees of Duly Registered Cooperatives. 3rd ed. the remedies of certiorari and prohibition in the Supreme Court are broader in scope and may be issued to correct errors of jurisdiction of judicial. In her interview before the Judicial and Bar Council (JBC). she adjudicates cases that are appealable to the Court of Appeals. The rules promulgated by the Supreme Court for the payment of legal fees were in the exercise of its rule-making power cannot be modified by a law granting an exemption from payment. Section 23 of the law specifically exempts the City of Masuwerte from the payment of legal fees in the cases that it would file and/or prosecute in the courts of law. and the Rules of Procedure for Environmental Cases. Her Page 101 of 445 Political and Public International Law . 2014). Is the claim of exemption tenable? Explain. In the exercise of this power. (4%) (2015 BAR) Suggested Answer: The exemption from payment of legal fees is not valid. quasi-judicial.

He also asks whether the Committee had the power to require him to testify. ranking merely means that she has the same salary and benefits as a Justice of the Court of Appeals. To allow the investigation will create the possibility of conflicting judgments between the committee and the court. Whether or not the Committee on Accountability of Public Officers has the power to investigate a matter which is involved in a case pending in court. Mr. Teehankee. No. Whether or not the petitioner can invoke his right against self-incrimination. to appear and to testify before the Committee. Ledesma refuses to appear and file suit before the Supreme Court to challenge the legality of the proceedings before the Committee. and 3. The Committee on Accountability of Public Officers has no power to investigate the scandal. newspapers linked the name of Senator J. de Leon to the scandal. Senator de Leon took the floor of the Senate to speak on a “matter of personal privilege" to vindicate his honor against those “baseless and malicious” allegations. she is not actually a Justice of the Court of Appeals. the investigation will encroach upon the exclusive domain of the court. APRIL 29. Under Section 1.R. L-28790. Identify the issues involved and resolve them. Vince Ledesma. In the course of the proceedings. G. 2. If the decision of the committee were reached before that of the court. The matter was referred to the Committee on Accountability of Public Officers. Article VIII of the Constitution. Senate Blue Ribbon Committee. Since the scandal is involved in a case pending in court. The Supreme Court has jurisdiction over the case. it might influence the judgment of the court. 23 SCRA 405). Whether or not the Supreme Court has jurisdiction to entertain the case. All these issues were resolved in the case of Bengzon us. 1968. judicial power includes the duty of the courts to determine whether or not any branch of the government is acting with grave of abuse of discretion amounting to lack of jurisdiction. (1992 Bar Question) SUGGESTED ANSWER: The issues involved in this case are the following: 1. a businessman linked to the transaction and now a respondent before the Sandiganbayan. However. which proceeded to conduct a legislative inquiry. The Committee asked Mr. because it involves the question of whether or not the Committee on Accountability of Public Officers has the power to conduct the investigation. 203 SCRA 767. A case was filed before the Sandiganbayan regarding a questionable government transaction. Page 102 of 445 Political and Public International Law . She does not perform judicial functions (Noblejas v. The National labor Relations is not a court.

the failure of the trial court to decide the case within ninety days did not oust it of jurisdiction to decide the case. The prawns are nurtured in his fishponds in Mindoro and. Section 15 (4). No. 1. judicial power is vested in one Supreme Court and in such lower courts as may be established by law. are immediately frozen for export. not mandatory. Page 103 of 445 Political and Public International Law . The petitioner can invoke his right against self-incrimination. Teodoro Luzung is engaged in the business of prawn farming. Where is judicial power vested? What are included in such power? 2. 2. Article VIII of the 1987 Constitution provides: “Despite the expiration of the applicable mandatory period. 11). Cruz.” Thus. 121 SCRA 51 (1983) it was held that the periods prescribed are only directory. the court had lost jurisdiction to decide the case. Should the motion be granted? (1989 Bar Question) SUGGESTED ANSWER: 1. X. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. The defense counsel moved to dismiss the case on the ground that after the lapse of 90 days. It includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. the motion should not be granted. According to Section 1. the trial court failed to decide the case. with-out further delay. In Marcelino vs. upon harvest. without prejudice to such responsibility as may have been incurred in consequence thereof. he may refuse to testify. SUGGESTED ANSWER: The 1973 Constitution provided for certain consequences on the decisions of courts in case of the failure of the Supreme Court and other inferior collegiate courts to decide cases within prescribed periods. But it did not provide for consequences on the decisions of trial courts as a result of their failure to decide cases within three months (Art. because this right is available in all proceedings since the petitioner is a respondent in the case pending before the Sandiganbayan. Article VIII of the 1987 Constitution. the court. Sec. Despite the lapse of 4 months from the time that the trial was terminated and the case submitted for decision. shall decide or resolve the case or matter submitted thereto for determination.

because it could not compel a separate and co- equal department to take any particular action. Quezon (46 Phil. Can the law be declared unconstitutional? Decide. planting of crops. Claiming that his expulsion was railroaded and tainted by bribery. poultry and swine raising. the House of Representatives. Is SDO’s petition before the Supreme Court justiciable? Cite pertinent issues for consideration. dividing along party lines. ETI. In Osmena v. both the law and the implementing order are constitutional insofar as they included fishponds. he inflicted physical injuries on a colleague. 863 [1960D. However. (5%) (2004 Bar Question) SUGGESTED ANSWER: While under Section 1. because the House of Representatives is the judge of what constitutes disorderly behavior. In the definition of the agricultural land which the Constitutional Commission adopted in connection with agrarian reform. 192 SCRA 51. fishponds and prawn farms are within the scope of the law. Before the end of his first year in office. voted to expel him. the law is unconstitutional insofar as it included livestock. Article VIII of the 1987 Constitution the Supreme Court may inquire whether or not the decision to expel SDO is tainted with grave abuse of discretion amounting to lack or excess of jurisdiction. The definition of agricultural land which the Constitutional Commission adopted included fishponds. lands devoted to such purposes were not included. Later. Pendatun (109Phil. Secretary of the Department of Agrarian Reform. SDO was elected Congressman. 83 [1924J). In Alejandrino v. the Supreme Court held that it could not compel the Senate to reinstate a Senator who assaulted another Senator and was suspended for disorderly behavior. The Department of Agrarian Reform issued an implementing order which provides that commercial farms used for aqua-culture. he filed a petition seeking a declaration by the Supreme Court that the House gravely abused its discretion and violated the Constitution. raising of livestock. growing of fruit trees. poultry or fish. Charges were filed in court against him as well as in the House Ethics Committee. He prayed that his expulsion be annulled and that he should be restored by the Speaker to his position as Congressman. In the course of a heated debate. Congress passed the Comprehensive Agrarian Reform Law of 1988 which provides among others that all private lands devoted to agriculture shall be subject to agrarian reform. it was held that the Supreme Court could not interfere with the suspension of a Congressman for disorderly behavior. The law includes under the term “agriculture” the following activities: cultivation of the soil. The assault of a fellow Senator Page 104 of 445 Political and Public International Law . including salt-beds. the petition should be dismissed. (1992 Bar Question) SUGGESTED ANSWER: As held in Luz Farms vs.

constitutes disorderly behavior. on the other hand. which states that It includes the duty to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. The 1987 Constitution." they were silent as to the scope of such power. As held in Marcos us. Art. between the scope of judicial power under the 1987 Constitution on one hand. 1. SUGGESTED ANSWER: Under the 1935 and 1973 Constitutions. What is the difference. this provision limits resort to the political question doctrine and broadens the scope of juridical inquiry into areas which the courts under the 1935 and the 1973 Constitutions would normally have left to the political departments to decide. The second (latter) portion of the definition represents a broadening Page 105 of 445 Political and Public International Law . if any." (Sec. and the 1935 and 1973 Constitutions on the other? (1994 Bar Question) Assume that the constitutional question raised in a petition before the Supreme Court is the lis mota of the case. VIII) The second paragraph of the cited provision was not found in the 1935 and 1973 Constitution. The first portion thereof represents the traditional concept of judicial power. there was no provision defining the scope of judicial power as vested in the judiciary. re-wrote the provisions on the vesture of judicial power originally appearing in the 1935 and 1973 Constitutions. give at least two other requirements before the Court will exercise its power of judicial review?(1994 Bar Question) SUGGESTED ANSWER: The scope of judicial power under the 1987 Constitution is broader than its scope under the 1935 and 1973 Constitution because of the second paragraph of Section 1. While these Constitutions. as follows: “The Judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. involving the settlement of conflicting rights as by law. It contains a new definition of judicial power particularly the scope thereof. both provided for vesture of Judicial power “in one Supreme Court and in such inferior courts as may be established by law. “Judicial power includes the duty of the courts of Justice to settle actual controversies involving rights which are legally demandable and enforceable. Manglapus. 177 SCRA 668. Article VIII of the 1987 Constitution. which presumably was implicit in the 1935 and 1973 Constitutions.

of the scope of judicial power or in the language of the Supreme Court. This new prerogative of the judiciary as now recognized under the 1987 Constitution was not constitutionally permissible under the 1935 and 1973 Charters. (1996 Bar Question) SUGGESTED ANSWER: A. In Cabansag vs. B. There must be an actual case or controversy involving a conflict of legal rights susceptible of Judicial determination. Singson. Flores. the fans cannot be punished in the absence of a clear and present danger to the administration of justice. and c. 102 Phil 152. The purpose of the rally is to attempt to influence the administration of justice. 239 SCRA 83. As stated in People vs. A. The constitutional question must be raised at the earliest opportunity. any conduct by any party which tends to directly or indirectly impede. 2) According to Macasiano vs. conferment of “expanded Jurisdiction" on the judiciary (Daza v. On the first day of the trial of a rape-murder case where the victim was a popular TV star. No. Fernandez. 224 SCRA 236. Can the trial court order the dispersal of the rallyists under pain of being punished for contempt of court. The rally was peaceful and did not disturb the proceedings of the case. the fans of the victim wrote letters to the newspaper editors demanding the conviction of the accused. 180 SCRA 496) to enable the courts to review the exercise of discretion by the political departments of government. Page 106 of 445 Political and Public International Law . the trial court cannot punish-for contempt the fans of the victim who wrote letters to the newspaper editors asking for the conviction of the accused. B. the following requisites must be present for the exercise of the power of Judicial review: a. it was held that a party who wrote to the Presidential Complaints and Action Committee to complain about the delay in the disposition of his case could not be punished for contempt in the absence of a clear and present danger to the fair administration of justice. if they fail to do so? Explain. Yes. over a hundred of her fans rallied at the entrance of the courthouse. in addition to the requirement that the constitutional question raised be the lis mota of the case. Since the letters were not addressed to the judge and the publication of the letters occurred outside the court. The constitutional question must be raised by the proper party. each carrying a placard demanding the conviction of the accused and the imposition of the death penalty on him. b. the trial court can order the dispersal of the rally under pain of being cited for contempt. obstruct or degrade the administration of justice is subject to the contempt powers of the court. can the trial court punish them for contempt? Explain. If instead of a rally. National Housing Authority.

(2) there must be an actual controversy. including the Constitutional Commissions? Discuss fully. as they had no exceptional historical and cultural significance to the Philippines. 225 SCRA 569. reverse the exercise of discretion by the political departments (executive and legislative) of the government. Negotiations were then made with Ellen Layne of London for their disposition and sale at public auction. Do you agree with such as interpretation of the constitutional definition of judicial power that would authorize the courts to review and if warranted. now “includes the duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable and enforceable. since the petitioners were not the legal owners of paintings and antique silverware. (1995 Bar Question) Page 107 of 445 Political and Public International Law . According to Joya vs. Upon learning of the intended sale. and (4) the decision on the constitutional or legal question must be necessary to the determination of the case. which may be enjoined at the instance of a taxpayer. No." This definition is said to have expanded the power of the judiciary to include political questions formerly beyond its jurisdiction. In order that a taxpayer may have standing to challenge the legality of an official act of the government. A. (3) the question must be raised at the earliest possible opportunity. B. Besides. Art. As held in Joya vs. A. the court cannot take cognizance of the case. VIII. the act being questioned must involve a disbursement of public funds upon the theory that the expenditure of public funds for an unconstitutional act is a misapplication of such funds. and to determine whether or not there has been a grave abuse of discretion amounting to lack of excess of jurisdiction on the part of any branch or instrumentality of the Government. four requisites must be considered: (1) the question must be raised by the proper party. the Marcoses left behind several Old Masters’ paintings and antique silverware said to have been acquired by them as personal gifts. Presidential Commission on Good Government 225 SCRA 568. the government entered into a “Consignment Agreement" allowing Ellen Layne of London to auction off the subject art pieces. Presidential Commission on Good Government. they had no standing to question their disposition. Judicial power as defined in Sec. (1995 Bar Question) B. patrons and guardians of the arts of the Philippines filed a petition in court to enjoin the sale and disposition of the valued items asserting that their cultural significance must be preserved for the benefit of the Filipino people. the paintings and the antique silverware did not constitute important cultural properties or national cultural treasures. Can the court take cognizance of the case? Explain. What are the requisites for a taxpayer’s suit to prosper? (1995 Bar Question) SUGGESTED ANSWER: A. for a taxpayer’s suit to prosper. 2nd par. 1987 Constitution. Later.. well-known artists. When the Marcos administration was toppled by the revolutionary government. 1.

B. (1995 Bar Question) SUGGESTED ANSWER: A. Can the Supreme Court review the correctness of the action of the President in commuting the penalty imposed on X? Explain. Yes. Article VIII of the Constitution vests the Supreme Court with the power of administrative supervision over all courts and their personnel. the courts should not substitute their judgment for that of the official concerned and decide a matter which by its nature or by law is for the latter alone to decide. De la Pena. Yes. a clerk of court of the Regional Trial Court of Manila. 177 SCRA 668. (1996 Bar Question) SUGGESTED ANSWER: A. In your opinion. Manglapus. 229 SCRA 766. (1996) B. The Supreme Court is not reviewing the wisdom of the commutation of the penalty. the Supreme Court is not deciding a political question. Article VIII of the 1987 Constitution has expanded the power of the Judiciary to include political questions. X. 180 SCRA 496. Acting on the appeal. This was not found in the 1935 and the 1973 Constitution. was found guilty of being absent without official leave for 90 days and considered dismissed from service by the Supreme Court. What it is deciding is whether or not the President has the power to commute the penalty of X. By doing so. it is within the scope of judicial power to pass upon the validity of the actions of the other departments of the Government. the Executive Secretary. As pointed out in Marcos vs. the framers of the 1987 constitution intended to widen the scope of judicial review. how should such definition be construed so as not to erode considerably or disregard entirely the existing “political question" doctrine? Discuss fully. Singson. A. the extent of judicial review when political questions are involved should be limited to a determination of whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the official whose act is being questioned. The commutation by the President of the penalty imposed by the Supreme Court upon X is unconstitutional. He appealed to the President for executive clemency. the Supreme Court can review the correctness of the action of the President in commuting the penalty imposed on X. Precisely. B. so as not to disregard entirely the political question doctrine. In Garcia us. it was held that no other branch of the Page 108 of 445 Political and Public International Law . commuted the penalty to a suspension of six months. If grave abuse of discretion is not shown. Was the action of the President constitutional and valid? Explain. B. by order of the President. Section 6. The second paragraph of Section 1. As stated in Daza vs.

who belonged to a different party. A financial assistance scheme called . 1973 and 1987 Constitutions commonly provide that “Judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. would have left to the political departments to decide. Pineda. the Judiciary can determine whether or not the official whose action is being questioned acted with grave abuse of discretion amounting to lack or excess of jurisdiction (Marcos v. Singson. Does Mang Pandoy have legal standing to question the law? (2%) (2010 Bar Question) SUGGESTED ANSWER: On the assumption that Mang Pandoy is a beneficiary of the financial legal assistance.conditional cash transfers" was initially funded 500 million pesos by Congress. Mang Pandoy. 2." What is the effect of the addition in the 1987 Constitution of the following provision: “Judicial Power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. although the House of Representatives Electoral Tribunal has exclusive jurisdiction to decide election contests involving members of the House of Representatives. 180 SCRA 496 [19890. Article VIII of the 1987 Constitution is to limit resort to the political question doctrine and to broaden the scope of judicial inquiry into areas which the Judiciary. a resident of Smokey Mountain in Tondo. 201 SCRA 792 [19910. Judicial review The “Poverty Alleviation and Assistance Act "was passed to enhance the capacity of the most marginalized families nationwide. Thus. questioned the authority of the Committee. citing at least one illustrative case. and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government”? Discuss briefly. the Supreme Court nullified the removal of one of its members for voting in favor of the protestant. Government may intrude into this exclusive power of the Supreme Court. If a political question is involved. Page 109 of 445 Political and Public International Law . 177 SCRA 668 [1989D: (Daza v. (Bondoc v. The 1935. One of the provisions of the law gave the Joint-Congressional Oversight Committee authority to screen the list of beneficiary families initially determined by the Secretary of Department of Social Welfare and Development pursuant to the Department implementing rules. Manglapus. under the previous Constitutions. (5%) (2004 Bar Question) SUGGESTED ANSWER: The effect of the second paragraph of Section 1.

the Court of Appeals. powers. b. (1%) 2013 BAR EXAMS (A) only to the Supreme Court (B) to both the Supreme Court and the Court of Appeals (C) to the Supreme Court. familiarity to challenge the governmental act. or inhibited from a decision or resolution must state the reason for his dissent or non-participation — applies ______________. 65 PHIL. Court of Appeals and the Sandiganbayan (D) to the Supreme Court. Besides. Inc. or will sustain. v. (Cruz v. such that he has sustained. as a taxpayer Mang Pandoy has legal standing to question the law. 56 Page 110 of 445 Political and Public International Law . or to make effective rights. 312 SCRA 104 [1999]. opportunity to challenge the governmental act. Secretary of Labor. 347 SCRA 128 [2000]. understanding to challenge the governmental act. c. (Province of Batangas v. direct injury as a result of its enforcement is considered to have: (2012 BAR EXAMS) a.) The provision under the Constitution — that any member who took no part. dissented. he has legal standing to question the law. including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms. Romulo. (Pepsi-Cola Products Philippines. d. SUGGESTED ANSWER: (B) PEOPLE VS VERA. the Sandiganbayan and the Court of Tax Appeals (E) to all collegial judicial and quasi-judicial adjudicatory bodies SUGGESTED ANSWER: (D)(Article VIII. privileges or jurisdiction which it grants. Section 13 of the 1987 Constitution). A person who has a personal and substantial interest in the case. 492 SCRA 736 [2004).) Define: Doctrine of necessary implication (1%) (2009) SUGGESTED ANSWER: The doctrine of necessary implication means that every statute is understood by implication to contain all such provisions as may be necessary to effectuate its object and purpose. since the implementation of the law will require the expenditure of public funds. He may be prejudiced by the improper screening of the beneficiary families. standing to challenge the governmental act. Secretary of Environment and Natural Resources.

and believing that it would be good for the country. (2%) SUGGESTED ANSWER: A. Aggrieved. Orange filed a protest with the Presidential Electoral Tribunal (PET). After elections. (2012 BAR EXAMS) a. (lopez vs roxas. The supreme court can review its decision if it acted with grave abuse of discretion. What is judicial power? Explain Briefly. 17 scra 756. 202 scra 808) C. It is notseparate from the supreme court. Presidential electoral tribunal.S. Page 111 of 445 Political and Public International Law . After due consideration of the facts and the issues.) be the same if Yellow and Orange were contending for a senatorial slot and it was the Senate Electoral Tribunal (SET) who issued the challenged ruling? (3%) c. payable to the Philippine government in advance. and to determine whether or not there has a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentally of the government (section 1. Would the answer in (a. (macalintal vs. The supreme court would have jurisdiction if it were the senate electoral tribunal who issued the challenged rulling. the President enters into an agreement with the Americans for an extension for another five (5) years of their stay at their military bases in the Philippines.sec 1(1) art.000 votes. article vii of constitution. the PET ruled that Orange was the real winner of the elections and ordered his immediate proclamation. Judicial power. Undaunted. What is the composition of the PET? (2%) d. (section 4. The presidential electoral tribunal is composed of the chief justice and associate justice of the supreme court sitting en banc. Yellow and Mr. in consideration of: 1. Yellow filed with the Supreme Court a Petition for Certiorari challenging the decision of the PET alleging grave abuse of discretion. article vii of the constitution. Orange were the leading candidates in the vicepresidential elections. (lerias vs house of representative electoral tribunal. (3%) b. 8 is the authority to settle justifiable controversies or disputes involving right that are enforceable and demandable before the courts of justice or the redress of wrong for violation of such right.) D. The Supreme Court has no jurisdiction over the petition the presidential electoral tribunal is not simply an agency to which the members of the supreme court were assigned. dollars. A yearly rental of one billion U.) In accordance with the opinion of the Secretary of Justice. 631 scra 239) B. Yellow emerged as the winner by a slim margin of 100.) It includes the duty of the courts to settle actual controversies involving right which are legally demandable and enforceable. Does the Supreme Court have jurisdiction? Explain. Mr.

dollars in aids and concessional loans. Because of boundary conflicts. it is not likely to be submitted to the Senate for ratification as required in Art. (1988 Bar Question) SUGGESTED ANSWER: If the Agreement is not in the form of a treaty. when the sealanes from the Persian Gulf to the Pacific. VIII. be opposed in that branch of the government. 2 states that judicial power includes the duty of court of justice to “determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. no justiciable controversy can be framed to justify judicial review. sec. and in case of vital military need. sec. are threatened by hostile military forces. Courts may still decide cases that have otherwise become academic when they involve (2011 BAR) (A) the basic interest of people. While art. A vital military need comes. Apex Logging Co and Batibot Logging Co. Nor is judicial review feasible at this stage because there is no justiciable controversy. I would. Apex appealed to the Department of Page 112 of 445 Political and Public International Law . (B) petitions for habeas corpus. VII. It may not. The Nuclear Free Philippine Coalition comes to you for advice on how they could legally prevent the same agreement entered into by the President with the US government from going into effect. and mutual charges of incursions into their respective concession areas. In return. 2. What would you advise them to do? Give your reasons. and 3. 1. at this stage. (D) Presidential election protests. It was inserted in the Constitution to prevent courts from making use of the doctrine to avoid what otherwise are justiciable controversies. to store nuclear weapons at Subic and at Clark Field. An undertaking to help persuade American banks to condone interests and other charges on the country's outstanding loans. On the other hand. (C) acts of the Chief Executive.” it is clear that this provision does not do away with the political question doctrine. par. under the agreement. therefore. therefore. the President agreed to allow American nuclear vessels to stay for short visits at Subic. albeit involving the Executive Branch of the government during the martial law period. 21. the Bureau of Forestry ordered a survey to establish on the ground their common boundary. advice the Nuclear Free Philippine Coalition to resort to the media to launch a campaign against the Agreement. The Bureau of Forestry’s decision in effect favored Batibot. An undertaking on the part of the American government to implement immediately the mini-Marshall plan for the country involving ten billion U. are adjacent timber concession holders in Isabela.S.

Executive Secretaries insisting that a judicial review of such divergent administrative decisions is necessary to determine the correct boundary line of the licensed areas in question. unconstitutional. constitutional. 152 SCRA 80 (1987). SUGGESTED ANSWER: (D) DE AGBAYANI VS. Natural Resources and Environment and this department reversed the decision of the Bureau of Forestry and sustained Apex. operative. The order of the trial court must accordingly be set aside. Dissatisfied with the Administrative action on the controversy. but the Regional Trial Court denied the same and even enjoined enforcement of the decision of the Office of the President. The mere suspicion of Apex that there were anomalies in the non-release of the first “decision” and its substitution of a new one by another Assistant Executive Secretary does not justify judicial review. Batibot’s motion for reconsideration was likewise denied. suspicions and conjectures cannot overcome the presumption of regularity of official action. Operative fact doctrine The "operative fact" doctrine of constitutional law is applied when a law is declared: (2012 BAR EXAMS) a. Executive Secretary sustained the Department of Natural Resources and Environment. Apex filed an action with the Regional Trial Court against Batibot. b. factual. and the Asst. PHILIPPINES NATIONAL BANK. a. d. Batibot moved to dismiss the action. On a motion for reconsideration by Batibot. Lianga Bay Logging Co. As held in a similar case. v. The Office of the President through an Asst. the Director of Forestry. Mere beliefs. Batibot then filed a petition for certiorari and prohibition to review and annul the orders of the Regional Trial Court. It was the turn of Batibot to appeal to the Office of the President. however. Enage. Executive Secretary other than the one who signed the decision affirming the decision of the Department of Natural Resources and Environment decided for Batibot. Do you believe the petition for certiorari and prohibition is meritorious? Why or why not? (1988 Bar Question) SUGGESTED ANSWER: The petition for certiorari and prohibition is meritorious. decisions of administrative officers should not be disturbed by the courts except when the former have acted without or in excess of their jurisdiction or with grave abuse of discretion. 38 SCRA 429 Page 113 of 445 Political and Public International Law . an Asst. c.

it excluded from their coverage decisions of acquittal where the defendants were deemed to have acquired a vested right. or the potentially of embarrassment from multifarious pronouncement by various departments on a question. has the 1987 Constitution affected the “political question doctrine”? (1997) SUGGESTED ANSWER: Section 1.) When the Supreme Court nullified the decisions of the military tribunal for lack of jurisdiction. In so doing. (D) the orthodox doctrine. Article VIII of the Constitution has expanded the scope of judicial power by including the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. the Supreme Court applied (2011 BAR) (A) the operative fact doctrine. d. People. or an unusual need for unquestioning adherence to a political decision already made. if at all. deference kind. (B) the rule against double jeopardy. b." describes what kind of political question: a. (B) petitioner lacks legal standing. To what extent. its actual existence must be taken into account and whatever was done while the law was in operation should be recognized as valid. and to determine whether or not there Page 114 of 445 Political and Public International Law . 436 SCRA 273 [2004]. c. Political question doctrine Where there is "the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government. prudential kind. (C) the questioned law has been repealed. c. (D) the issue of validity of law was not timely raised. (C) the doctrine of supervening event. respectful kind. adherence kind. b. Moot Questions Courts may dismiss a case on ground of mootness when (2011 BAR) (A) the case is premature. (Rieta v. Define/explain: Doctrine of operative facts (1%) (2009) SUGGESTED ANSWER: The doctrine of operative facts means that before a law was declared unconstitutional.

The criticism is based on the assumption that in exercising its power of judicial review the Supreme Court is not merely interpreting the Constitution but is trying to remake the Government on the basis of the personal predilections of the Members of the Supreme Court. Safeguards of Judicial independence Can any other department or agency of the Government review a decision of the Supreme Court? Why or why not? (1988 Bar Question) SUGGESTED ANSWER: No. As the Justices said in their answer to the complaint for impeachment in the Committee on Justice of the House of Representatives. (Javier v. should it be equally impermissible to make the individual members of the Supreme Court accountable for the court’s decisions or rulings. In interpreting the Constitution. It has to interpret the Constitution to give effect to the intent of its framers and of the people adopting it. so too. Name at least three constitutional safeguards to maintain judicial independence. The Supreme Court cannot decide cases merely on the basis of the letter of the Constitution. it is merely discharging its duty under the Constitution to determine conflicting claims of authority. Comelec. or are unjust. “Just as it is completely unacceptable to file charges against the individual members of Congress for the laws enacted by them upon the argument that these laws are violative of the Constitution. Page 115 of 445 Political and Public International Law . 144 SCRA 194 (1986)) To allow review of. the Supreme Court has to adopt it to the ever-changing circumstances of society. (2%) (2000 Bar Question) B. B. This is a power that properly belongs to the people and their elected representatives. I do not agree that the Supreme Court is a continuing Constitutional Convention. or are a betrayal of public trust. 177 SCRA 668. When the Supreme Court strikes down an act of the Legislative or the Executive Department. its decision by the other departments of government would upset the classic pattern of separation of powers and destroy the balance between the judiciary and the other departments of government. One Senator remarked that the Supreme Court is a continuing Constitutional Convention. The Supreme Court is the highest arbiter of legal questions. the Supreme Court stated that because of this courts of justice may decide political questions if there was grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the official whose action is being questioned. Do you agree? Explain. Manglapus. In Marcos vs. has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. (3%) (2000 Bar Question) SUGGESTED ANSWER: A.” A.

4. 13.} ALTERNATIVE ANSWER: To a certain extent. 7. 5. shall be automatically and regularly released. 6.. 11. which cannot be undermined by a law reorganizing the Judiciary. it becomes necessary to interpret the Constitution. 2. after approval. 14. Page 116 of 445 Political and Public International Law . The Supreme Court is a constitutional body and cannot be abolished by mere legislation. The members of the Supreme Court cannot be removed except by Impeachment. Appointees to the Judiciary are nominated by the Judicial and Bar Council and are not subject to confirmation by the Commission on Appointments. its interpretation of the Constitution will form part of the law of the land. (Cruz. Article X of the Constitution. Article VIII of the Constitution. The Members of the Judiciary have security of tenure. What do you understand by the mandate of the Constitution that the judiciary shall enjoy fiscal autonomy? Cite the constitutional provisions calculated to bring about the realization of the said constitutional mandate. The appellate jurisdiction of the Supreme Court cannot be increased by law without its advice and concurrence. The Supreme Court has exclusive power to discipline judges of lower courts. The Supreme Court has exclusive power to promulgate rules of pleading. the Supreme Court is a continuing Constitutional Convention. 3. When a case is brought in court involving a constitutional issue. B. Since the Supreme Court is supreme within its own sphere. It is the Supreme Court who appoints all officials and employees of the Judiciary. practice and procedure. 229-31. The Judiciary has fiscal autonomy. Only the Supreme Court can temporarily assign judges to other stations. 1995 ed. The salaries of Members of the Judiciary cannot be decreased during their continuance in office.) {Note: The examinee should be given full credit if he gives any three of the above- mentioned safeguards. pp. 12. The following are the constitutional safeguards to maintain judicial independence: 1. The Supreme Court cannot be deprived of its minimum Jurisdiction prescribed in Section 5. the fiscal autonomy of the Judiciary means that appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and. (2%) (1999 Bar Question) SUGGESTED ANSWER: Under Section 3. 8. Philippine Political Law. 9. 10. Members of the Judiciary cannot be designated to any agency performing quasi- judicial or administrative functions. The Supreme Court has administrative supervision over all lower courts and their personnel.

The delay is excusable.it was a month before the next presidential elections. which is what is sought to be prevented by the prohibition (De Castro v. Margie also happens to be a first-degree cousin of the President. since it will be impossible to comply with his obligation. These appointments to the courts. Twenty (20) years from her first year in the judiciary. Judicial and Bar Council. Margie. C. The President cannot make appointments to the Judiciary during two months before the presidential election until the end of his term because of the ban in Section 15. Appointments to the Judiciary Margie has been in the judiciary for a long time. could he appoint Margie. Under Section 4(1). Article VIII of the Constitution. his cousin? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: The President can make appointments to the Supreme Court two months before a presidential election until the end of his term but not to the rest of the Judiciary like the Court of Appeals. (2014 BAR Page 117 of 445 Political and Public International Law . the Supreme Court explained that fiscal autonomy contemplates a guarantee of full flexibility to allocate and utilize resources with the wisdom and dispatch that the needs require. 615 SCRA 666 (2010) The President may also appoint his first cousin. Can the President still make appointments to the judiciary during the so-called midnight appointment ban period? Assuming that he can still make appointments. ALTERNATIVE ANSWER (FOR FIRST QUESTION). starting from the lowest court. 208 SCRA 133. the prohibitions against the appointments releases the President from the obligation to appoint within them. The prohibition in Section 13. It recognizes the power and authority to deny. Article VIII of the Constitution. Drilon. fix rates of compensation not exceeding the highest rates authorized by law for compensation and pay plans of the government and allocate and disburse such sums as may be provided by law or prescribed by it in the course of the discharge of its functions. Article VII of the Constitution. The Judicial and Bar Council included her in the short-list submitted to the President whose term of office was about to end . vacancies in the lower courts shall be filled within ninety (90) days from submission of the list of nominees. Under Section 9. assess and collect fees. Article VII of the Constitution against appointment by the president of relatives within the fourth degree by consanguinity or affinity does not include appointments to the judiciary. Judicial restraint D. she was nominated as a Justice in the Court of Appeals. as Justice of the Court of Appeals. vacancies in the Supreme Court shall be filled within ninety (90) days from the occurrence of the vacancy. Despite the constitutional mandate to fill vacancies in Judiciary within the prescribed periods. In Bengzon v.

May the incumbent President still appoint Justice A's successor? (2011 BAR) (A) No. Article VIII of the Constitution. A. Members of the Supreme Court hold office until they reach the age of seventy years or become incapacitated to discharge their duties. vacancies in the Supreme Court should be filled within 90 days from occurrence of the vacancy. Can A hold over the position and participate in the deliberation of the case on July 1. (B) the President. competence. the incumbent President must yield to the choice of the next President The President wants to appoint A to the vacant post of Associate Justice of the Supreme Court because of his qualifications. Constitutional officers whose terms are fixed by the Constitution have no right to hold over their positions until their successors shall have been appointed and qualified unless Page 118 of 445 Political and Public International Law . vacancies in the Supreme Court should be filled within 90 days from submission of JBC nominees to the President. But A’s name is not on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President. (C) Yes. 1996? Explain. (C) Supreme Court issuances. it will violate the Constitutional prohibition against midnight appointments. What should the President do? (2011 BAR) (A) Request the JBC to consider adding A to the list. 1996. (D) the rules of court. (B) Yes. an associate justice of the Supreme Court reached the age of seventy on July 1. and efficiency. the appointing power. A cannot hold over his position as Associate Justice of the Supreme Court and participate in the deliberations of the case on July 1. There was a case calendared for deliberation on that day where the vote of A was crucial. Associate Justice A retires from the Supreme Court 90 days before the forthcoming Presidential election. (C) Appoint from the list. honesty. (1996 Bar Question) SUGGESTED ANSWER: No. (B) Decline to appoint from the list. (D) Return the list to JBC. 1996. Under Section 11. (D) No. EXAMS) A judge of the Regional Trial Court derives his powers and duties from (2011 BAR) (A) statute.

(Art. The Chief Justice as ex officio chairman. a representative of the Integrated Bar. A representative of Congress as ex officio member. A representative of the private sector. 8(4)). b. and 7. four votes. otherwise provided in the Constitution. (Section 8(2). 5. A representative of the Integrated Bar. 2. c. A professor of law. The Judicial and Bar Council has the principal function of recommending appointees to the Judiciary. Article VIII of the Constitution) The term of office of the regular members is four (4) years. Page 119 of 445 Political and Public International Law . 6. cases can be decided by as few as a minimum of: (2012 BAR EXAMS) a. 258. three votes. 3. A Treaties on the Law of Public Offices and Officers. the Secretary of Justice and a representative of the Congress as ex officio Members. Article VIII of the Constitution) E. p. 8(5)). (Art. and 3. (Section 8 (1). 4. Please state: 1. a retired Member of the Supreme Court. The JBC is composed of the Chief Justice as ex officio Chairman. (Mechem. 2. d. sec. The Supreme Court supervises the JBC and provides in the annual budget of the Court the appropriations of the JBC. The Secretary of Justice as ex officio member. A retired Justice of the Supreme Court. 3. five votes.) A novel feature of the present Constitution is the Judicial and Bar Council. The Judicial and Bar Council is composed of the following: 1. and a representative of the private sector. 8(1)). sec. six votes. It may exercise such other functions and duties as the Supreme Court may assign to it. VIII. Its composition. Who supervises it. VIII. and takes care of its appropriations? (1988 Bar Question) SUGGESTED ANSWER: 1. En banc and division cases When the Supreme Court sits in division. a professor of law. Its principal function: 2. (Art. VIII. Supreme Court 1. sec.

The petitioners claimed the decision had already been validly adopted and promulgated. Citizens for Transparency. even as the final printed decision and separate opinions are not yet available to the public. one of the members of the Court died. however. (6%) 2014 BAR EXAMS (A) Was the announced 8-7 decision already validly promulgated and thus not subject to recall? (B) If the decision was not yet finalized at the time when the justice died. ARTICLE VII OF CONSTITUTION When the Supreme Court sits en banc. actually took part in the voting thereon and took notes on the actual deliberations. questioned the act of the Court. a group of civic-spirited professionals and ordinary citizens dedicated to transparency and accountability in the government. In a greatly anticipated decision in a case of wide-ranging ramifications. together with what they had deliberated on just before they came up with the press release about the 8-7 decision. actually took part in the deliberations on the issues in the case and voted thereon. the group also asked the Court to disclose to the public the original decision and the separate opinions of the magistrates. SUGGESTED ANSWER: (A) SECTION 4(3). b.8 for the majority. The following day. c. d. actually participated in the oral arguments and voted thereon. the voting was close . actually sent in memos on matters for deliberation and called in their votes thereon. At the same time. should the Court release to the public Page 120 of 445 Political and Public International Law . After the Court had thus voted. it issued a press release announcing the result. SUGGESTED ANSWER: (C) SECTION 4(2). it could no longer be recalled by the Court. cases are decided by the concurrence of a majority of the members who: (2012 BAR EXAMS) a. while 7 were for the other side. were to be issued subsequently. Therefore. controversial or interesting cases the moment the votes had been taken among the justices. together with the separate opinions. The Court then announced that it would deliberate anew on the case since apparently the one who died belonged to the majority. ARTICLE VII OF CONSTITUTION The Court had adopted the practice of announcing its decision in important. with the advice that the printed copy of the decision. could it still be promulgated? (C) If the decision was still being finalized.

banc can declare a municipal ordinance unconstitutional. They are part of its confidential internal deliberations. ANOTHER ALTERNATIVE ANSWER FOR (B): The decision can be promulgated even if the Supreme Court en banc is equally divided. The Supreme Court should not release to the public the majority opinion and the separate opinions. there will still be a quorum. the Justices still have control over the decision and they can still change their votes (Limkaichong v. Section 3. Commission on Elections. The decision cannot be deemed to have been promulgated simply because of the announcement of the voting in a press release. for lack of majority vote. it should be dismissed. the majority decision and the separate opinions as originally announced. The vote he cast is no longer valid. (1996 Bar Question) SUGGESTED ANSWER: Yes. Rule 56 of the Rules of Court. Under Section 4(2). 158 SCRA 243 (1988) C. Rule 125 Revised Rules on Criminal Procedure) Can five members of the Supreme Court declare a municipal ordinance unconstitutional? Explain. Five Members will constitute a majority of those who actually took part in deciding the case. To-Chip. the decision appealed from should be affirmed if it is a civil case. together with their deliberations on the issues? SUGGESTED ANSWER: A. the accused should be acquitted (Section 7. (Limkaichong v. as he was no longer an incumbent member of the Supreme Court (lao v. 594 SCRA 434 (2009). Until the decision is filed with the Clerk of Court. Page 121 of 445 Political and Public International Law . no majority decision was reached. as well as its deliberations. If it is a criminal case. Article VIII of the Constitution. five Members of the Supreme Court sitting en. Commission on Elections. because the decision has not yet been issued and filled with the Clerk of Court. a municipal ordinance can be declared `unconstitutional with the concurrence of a majority of the Members of the Supreme Court who actually took part in the deliberation on the issues in the case and voted thereon. The decision can no longer be promulgated if the Justice who belonged to the majority died. If only eight Members of the Supreme Court actually took part in deciding the case. If it is an appealed case. B. 594 SCRA 434 (2009). If the case is an original action. if after the case was again deliberated upon.

proclamations. Congress enacted a law exempting certain government institutions providing Page 122 of 445 Political and Public International Law . application. and the procedures to be followed. Section 5(5) 1973 Constitution.Cases involving the constitutionality of a treaty. .R. and other regulations. the guidelines for the bar and bench for their selection. or law. October 12. Secretary of Justice. and What does it mean when a Supreme Court Justice concurs in a decision pro hac vice? (2%) (1999 Bar Question) SUGGESTED ANSWER: When a decision is pro hac vice.Cases where a doctrine or principle of law previously laid down will be modified or reversed. orders.Cases heard by a division when the required majority is not obtained. . international or executive agreement. Is the law constitutional? (6%) 2013 BAR EXAMS SUGGESTED ANSWER: The law providing for trial by jury is unconstitutional because of the omission in Article VIII. Section 5 (5) of the 1987 Constitution of the provisions in Article VIII. 301 SCRA 96).Cases which under the Rules of Court are required to be heard en banc . 2. ordinances. No. G. or operation of presidential decrees. Section 13 of the 1935 Constitution and Article X.Administrative cases against judges when the penalty is dismissal. Congress can no longer enact any law governing rules of procedure for the courts (Echegaray v. instructions. Enumerate the cases required by the Constitution to be heard en banc by the Supreme Court? (2%) (1999 Bar Question) SUGGESTED ANSWER: The following are the cases required by the Constitution to be heard en banc by the Supreme Court: . it means the ruling will apply to this particular case only. . 132601. . alter or supplement the rules of procedure promulgated by the Supreme Court. 1998. Procedural rule-making Congress enacted a law providing for trial by jury for those charged with crime or offenses punishable by reclusion perpetua or lifeimprisonment. the manner a trial by jury shall operate. which both authorized the Legislature to repeal.Cases involving the constitutionality. The law provides for the qualifications of members of the jury.

taking into account the arguments of both parties? (2014 BAR) SUGGESTED ANSWER: The law is constitutional. Congress.A. and legal assistance to the underprivileged. Atty. a fortiori it can enact a law exempting the payment of court fees. Congress further argues that if it can enact a law utilizing court fees to fund the JDF and SAJJ. The Board was attached to the Department of Education. assess and collect fees. a long-time law practitioner and lecturer in several prestigious law schools. Professor Boombastick. No. on the other hand. were created. and to adopt a system of continuing legal education. 15005. alter or supplement the Rules of Court. In re Exemption from Payment of Court and Sheriff’s Fees of Duly Congress passed a law. argues that the law is constitutional as it has the power to enact said law for it was through legislative fiat that the Judiciary Development Fund (JDF) and the Special Allowance for Judges and Justices (SAJJ). R. The fiscal autonomy guaranteed the Judiciary by Section 3. Thus. The Constitution has taken away the power of Congress to repeal. Congress cannot amend the rules promulgated by the Supreme Court for the payment of legal fees by granting exemptions (In re: Petition for Recognition of Exemption of the Government Service Insurance System from Payment of Legal Fees. the Integrated Bar. social services from the payment of court fees. 615 SCRA 1]. If you were Professor Boombastick’s understudy. In re: Exemption of National Power Corporation from Payment of Filling/Docket Fees. Kristopher Timoteo challenged the constitutionality of the said law on the ground that only the Supreme Court has the power to fix and exempt said entities from the payment of court fees. 612 SCRA 193). the funding of which are sourced from the fees collected by the courts. It was empowered. among others. law practice and social consciousness. the basic curricula for the course of study aligned to the requirements for admission to the Bar. Discuss the constitutionality of the said law. assails the constitutionality of the law arguing that it encroached on the prerogatives of the Supreme Court to promulgate rules relative to admission to the practice of law. how may you help him develop clear. creating an administrative Board principally tasked with the supervision and regulation of legal education. Article VIII of the Constitution recognized the authority of the Supreme Court to levy. as well as to establish a law practice internship as a requirement for taking the Bar which a law student shall undergo anytime during the law course. concise and cogent arguments in support of his position based on the present Constitution and the decisions of the Supreme Court on judicial independence and fiscal autonomy? (2014 BAR) Page 123 of 445 Political and Public International Law . to prescribe minimum standards for law admission and minimum qualifications of faculty members.

(7%) (2008 Bar Question) SUGGESTED ANSWER: The law is unconstitutional. or FALSE if the statement is false. The 1987 Constitution took away the power of Congress to alter. Explain your answer in not more than two (2) sentences. Is the law constitutional? Explain fully. it is unconstitutional because it is prejudicial. (5%) (2009 Bar Question) A law fixing the passing grade in the Bar examinations at 70%. Secretary of Justice. Thus. and procedure promulgated by the Supreme Court (Echegaray v. Page 124 of 445 Political and Public International Law . repeal. however. Such a law entails amendment of the Rules of Court promulgated by the Supreme Court. 301 SCRA 96 [1999]). is retroactive. 173). and the methodology for jury deliberations. If the law. practice. ALTERNATIVE ANSWER: True. The Administrative Board cannot prescribe additional standards for admission to the practice of law. The law provides for the qualifications of prospective jury members. 301 SCRA 96 [1999]). SUGGESTED ANSWER: False. Agrava. 105 Phil. Congress enacted a law establishing the right to trial by jury of an accused charged with a felony or offense punishable with reclusion perpetua or life imprisonment. TRUE or FALSE. SUGGESTED ANSWER: The statutory authority granted to the administrative Board to promulgate rules and regulations cannot encroach upon the exclusive authority of the Supreme Court to regulate the admission to the practice of law (Section 5(5). The present Constitution has taken away the power of Congress to alter the Rules of Court (Echegaray v. Since Congress has no power to repeal. The law will violate the principle of separation of powers. is constitutional. with no grade lower than 40% in any subject. Answer TRUE if the statement is true. Article VIII of the Constitution). Secretary of Justice. or supplement the rules concerning pleading. adopt a course study which is inconsistent with the requirements to take the bar examinations (Philippine Lawyer’s Association v. alter or supplement the Rules of Court. Deliberations in the ConCon reveal that Congress retains the power to amend or alter the rules because the power to promulgate rules is essentially legislative even though the power has been deleted in the 1987 Constitution. the guidelines to be observed by the judge and the lawyers in jury selection including the grounds for challenging the selection of jury members. it cannot delegate such power to the Administrative Board.

Judge Lloyd 's right to stay as judge may be challenged as a necessary incident of the certiorari action. Administrative supervision over lower courts Judge Lloyd was charged with serious misconduct before the Supreme Court. Constitutional Commissions Patricio was elected member of the House of Representative in the May 2010 Elections. The decision became final and executory. Original and appellate jurisdiction Congress may increase the appellate jurisdiction of the Supreme Court: (1%) 2014 BAR EXAMS (A) anytime it wants (B) if requested by the Supreme Court (C) upon recommendation of the President (D) only with the advice and concurrence of the Supreme Court (E) whenever it deems it appropriate. But the losing party filed a certiorari action with the Court of Appeals seeking to annul the writ of execution issued in the case and bar Judge Lloyd from further acting as judge. the action against Judge Lloyd may be consolidated with the case before the Court of Appeals and decided by it. thus. The Court found him guilty and ordered him dismissed. Within a year from that decision. (D) No. Can the relief against Judge Lloyd be granted? (2011 BAR) (A) No. he decided a case that had been submitted for resolution. the President can appoint Patricio ________. advisable or necessary. SUGGESTED ANSWER: (D) Only with the device and concurrence of the Supreme Court VI. (B) Yes. not collaterally. the losing party has no standing to challenge Judge Lloyd's right to stay as judge. (1%) 2013 BAR EXAMS (A) only as member of the board of directors of any government owned and controlled corporation Page 125 of 445 Political and Public International Law . Judge Lloyd's right to stay as judge may be challenged only by direct proceeding. the Court ruled in Jose’s favor. 4. His opponent Jose questioned Patricio’s victory before the House of Representatives Electoral Tribunal and later with the Supreme Court. Patricio was ousted from his seat in Congress. 3. (C) Yes. In the decision promulgated in November 2011. Believing that the decision was not immediately executory.

b. Civil Service Commission. b. c. (B) only as a deputy Ombudsman (C) only as a Commissioner of the Civil Service Commission (D) only as Chairman of the Commission on Elections (E) to any position as no prohibition applies to Patricio The Civil Service shall be administered by the Civil Service Commission composed of a: (2012 BAR EXAMS) a. ARTICLE IX-A OF CONSTITUTION Which one of the following is NOT an independent Constitutional Commission under Article IX. Commission on Elections. d. c. SUGGESTED ANSWER: (B) SECTION 1. b. d. fiscal autonomy. Civil Service Commission. quasi-judicial autonomy. Chairman and four (4) Commissioners. Commission on Audit. Chairman and two (2) Commissioners. organizational autonomy. b. Section 1 of the Constitution: (2012 BAR EXAMS) a. Commission on Elections. d. decisional autonomy. Constitutional safeguards to ensure independence of commissions The independent Constitutional Commissions enjoy: (2012 BAR EXAMS) a. Chairman and three (3) Commissioners. Commission on Audit. Commission on Human Rights. ARTICLE IX-A CONSTITUTION Choose the least accurate statement about the independence guaranteed by the 1987 Constitution to the following constitutional bodies: (1%) 2013 BAR EXAMS Page 126 of 445 Political and Public International Law . Section 1 of the Constitution: a. Chairman and a Commissioner. Which one of the following is NOT an independent Constitutional Commission under Article IX. A. c. d. c. SUGGESTED ANSWER: (A) SECTION 5. Commission on Human Rights.

(B) fiscal autonomy. and the CSC enjoy the same degree of independence. The Commission shall enjoy fiscal autonomy. (C) Not all bodies labeled as “independent” by the Constitution were intended to be independent from the Executive branch of government. Is COA entitled to receive the rest of its appropriations even without complying with the DBM policy? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: Yes. the DBM refused because the COA had not yet submitted a report on the expenditures relative to the earlier amount released to it. 5. no release policy may not be validly enforced against offices vested with fiscal autonomy is not disputed. COA counters that such a policy contravenes the guaranty of fiscal autonomy granted by the Constitution. (A) The Constitution guarantees the COMELEC decisional and institutional independence similar to that guaranteed to the Judiciary. pursuant to the “no report. That the no report. Their approved appropriations shall be automatically and regularly released. And. (Civil Service Commission vs Department of Budget and Management. such policy cannot be enforced against offices possessing fiscal autonomy without violating Article IX (A). Section 5 of the Constitution which provides: Sec. July 22. SUGGESTED ANSWER: (A)(Article IX-A of the 1987 Constitution). Towards the end of the year. However. Page 127 of 445 Political and Public International Law . COA is not entitled to any further releases in the meantime. the Commission on Audit (COA) sought the remainder of its appropriation from the Department of Budget and Management (DBM). no release” policy of the DBM. 2005) Each of the Constitutional Commissions is expressly described as "independent. COA is entitled to the rest of its appropriations even without complying with the DBM policy. (D) The Constitution guarantees various degrees of independence from the other branches of government when it labels bodies as “independent”. (E) The COMELEC. (B) All bodies labeled as “independent” by the Constitution enjoy fiscal autonomy as an attribute of their independence. the COA. (C) finality of action. Indeed." exemplified by its (2011 BAR) (A) immunity from suit.

rights. employment. or as to whether or not the functions attached to said offices would be primarily related to his duties as Chairperson of the Civil Service Commission and therefore may be held in an ex-officio capacity. All of these powers and functions. and welfare of government officials and employees. The GSIS. status. privileges. privileges. Title I-A. No. PHILHEALTH. not hold any other office or employment. Hence. Chapter 3.. the GSIS. PHILHEALTH. (4%) (2015 BAR) Suggested Answer: (1) The Chairperson Emilio Melchor’s holding ex-officio of the other offices under the Executive Order mentioned in the problem would constitute a clear violation of the special prohibition in Section 2 of Article IX-A of the Constitution. Book V. this is based on the Administrative Code of 1997 (E. Will the petition prosper? Explain. (D) collegiality. B. Employees Compensation Commission (ECC). Powers and functions of each commission The Commission on Elections is an independent body tasked to enforce all laws relative to the conduct of elections. which strictly provides that he shall. during his tenure. (C) undertake a separate and unofficial tabulation of the results of the election manually. Prohibited offices and interests The President appoints Emilio Melchor as Chairperson of the Civil Service Commission. This provision reads: "The chairman of the CSC shall be a member of the Board of Directors of other governing bodies of government entities whose functions affect the career development. While powers and functions associated with appointments. ECC and HDMF are also tasked to perform other corporate powers and functions that are not personnel-related. C. employment status. and (2) it impairs the independence of the CSC. and the Board of Directors of the Philippine Health Insurance Corporation (PHILHEALTH). it may (2011 BAR) (A) conduct two kinds of electoral count: a slow but official count. the President issues an executive order including him as Ex-Officio member of the Board of Trustees of the Government Service Insurance System (GSIS). Allegedly. (B) make an advance and unofficial canvass of election returns through electronic transmission. particularly Section 14.. compensation and benefits affect the career development. Upon confirmation of Melchor's appointment. to wit: (1) it violates the constitutional prohibition on members of the Constitutional Commissions to hold any other office or employment during his tenure. 292).O. whether personnel-related or not. ECC and HDMF are vested by their respective charters with various powers and functions to carry out the purposes for which they were created. rights. " A taxpayer questions the designation of Melchor as ex-officio member of the said corporations before the Supreme Court based on two (2) grounds. and welfare of government officials and employees. (D) authorize the citizens arm to use election returns for unofficial count. are carried out and exercised by the respective Page 128 of 445 Political and Public International Law . Said constitutional provision does not make any distinction among the offices he may not hold. and a quick but unofficial count.

Is the argument of the professor valid? Explain. the President exercises control overall government offices in the Executive Branch. 612 SCRA 308). Under Section 17. as the former would be an incompatible office not allowed to be concurrently held by him under the provisions of Article IX-B. Civil Service Commission. when the CSC Chairman sits as a member of the governing Boards of the GSIS. ECC and HDMF. a form of additional compensation that is disallowed by the concept of an ex officio position by virtue of its clear contravention of the proscription set by Section 2. he can not be accused of receiving double compensation. PHILHEALTH. hence. The professor is considered only on leave of absence in UP while he reports for work at the CA which shall pay him the salary of the Executive Assistant. but Professor Masipag countered that he will not collect the salary for both positions. such as imposing interest on unpaid or unremitted contributions. the Secretary of Finance cannot be elected Chairman of the Board of Directors of Page 129 of 445 Political and Public International Law . no appointive official shall hold any other office in the Governement. PHILHEALTH.R. 184740. be held unconstitutional. Section 7 of the Constitution. An office that is legally not under the control of the President is not part of the Executive Branch. G. therefore. the second paragraph of which species that “unless otherwise allowed by law or by the primary functions of his position. it is submitted that he may nevertheless not be allowed to accept the position of Executive Assistant of the Court of Appeals during his incumbency as a regular employee of the University of the Philippines. which are not anymore derived from his position as CSC Chairman. Melchor’s designation as member of the governing Boards of the GSIS. and must. This situation goes against the principle behind an ex officio position. Professor Masipag who holds a plantilla or regular item in the University of the Philippines (UP) is appointed as an Executive Assistant in the Court of Appeals (CA). Article VII of the Constitution. ECC and HDMF impairs the independence of the CSC. Boards of the GSIS. (2) Apart from violating the prohibition against holding multiple offices. ECC and HDMF entitles him to receive per diem. PHILHEALTH. The CSC Chairman’s designation as a member of the governing Boards of the GSIS. (Funa v. Hence. No. or approving restructuring proposals in the payment of unpaid loan amortizations. he may exercise these powers and functions. ECC and HDMF. Article IX-A of the 1987 Constitution. The appointment to the CA position was questioned. The Chairman. issuing guidelines for the accreditation of health care providers. February 11. PHILHEALTH. 2010. (4%) 2015 BAR EXAMS ANSWER: Although Professor Masipag is correct in saying that “he cannot be accused of receiving double compensation” as he would not actually be receiving additional or double compensation. (1996 Bar Question) SUGGESTED ANSWER: No.” Can the Secretary of Finance be elected Chairman of the Board of Directors of the San Miguel Corporation? Explain.

Governor A should first obtain the consent of Congress. They shall strictly avoid conflict of interest in the conduct of their office. and as Members: B. Sec. Article IX-B of the Constitution. The President of the Philippine Chamber of Commerce and Industry. or in any franchise. while an incumbent Governor of his province. The functions of the Board are related to his functions as Secretary of Trade and Industry. An Associate Justice of the Supreme Court designated by the Chief Justice D. the sovereign king awarded Governor A with a decoration of honor and gifted him with a gold ring of insignificant monetary value. was invited by the Government of Cambodia as its official guest. The Secretary of Trade and Industry as Chairman. both of which he accepted. The Chairman of the Senate Committee on Trade and Industry C. A. agency or instrumentality thereof. Under Section 13. Cite relevant constitutional provisions. The chairmanship of the Secretary of Trade and Industry in the Board can be upheld on the basis of Art. They shall not also during said tenure participate in any business or be financially interested in any contract with. IX. which allows appointive officials to hold other offices if allowed by law (such as the law in this case creating the Export Control Board) or justified by the primary functions of their offices. The National Constitutional Association of the Philippines has filed suit to challenge the constitutionality of the law. or special privilege granted by the Government or any subdivision. (1987 Bar Question) SUGGESTED ANSWER: a. and E. Determine whether the membership of each of the above in the Board can be upheld. The Commissioner of Customs. While there. Assume that a law has been passed creating the Export Control Board composed of: A. members of the Cabinet cannot hold any other office or employment during their tenure unless it is otherwise provided in the Constitution. Page 130 of 445 Political and Public International Law . 7. the San Miguel Corporation. For his acceptance of the decoration of honor and the gold ring from the Government of Cambodia to be valid.owned or controlled corporations or their subsidiaries. Was Governor A’s acceptance of the decoration and gift violative of the Constitution? (1997 Bar Question) SUGGESTED ANSWER: Yes. including government . Article VII of the Constitution. It violated Section 8. B.

1. during their tenure. (Art. Philippine Pre-sidency. VIII. under Art. 57 Phil. (Cortes. Sec. Springer 50 Phil. Pasay Trans. VI. Manila Electric Co. VI. The designation of an Associate Justice of the Supreme Court cannot be sustained being the imposition on the members of the Court. Philippine Political Law 136 (11th Ed. 13 is the acceptance of an incompatible office-or employment in the government. prohibiting Cabinet members from holding any other office or employment. making members of Congress members of various boards. 111-1 12 (1966)) c. no other decision has been rendered. Dean Sinco believes That members of Congress cannot be members of the Board of Regents of the University of the Philippines under the Incompatibility Clause of the 1935 Constitution which is similar to the provision of Art. the membership of the Chairman of the Senate Committee on Trade and Industry may be upheld as being in aid of his legislative functions since what is prohibited by Art. VII. this purpose can easily be achieved through legislative investigations under Art. b. since the apparent justification for the membership of the Chairman of the Senate Committee is to aid him in his legislative functions. the membership of the Chairman of the Senate Committee on Trade and Industry in the Export Control Board cannot be sustained. Sec. On the contrary.. 259 (1927). 7. e. B. (Sinco. 600 (1932)) d. VI. to be financially interested in any contract with or any franchise or privilege granted by the government. The provision of Art. laws have been enacted. is subject to the exceptions in Art. Dean Cortes appears to suggest a contrary view. contrary to the principle of separation of powers. Under this view. The membership of the President of the Philippine Chamber of Commerce may also be upheld on the ground that Congress has the power to prescribe qualifications for the office. 21. The Commissioner of Customs may be made member of the Board for the same reason in the case of the Secretary of Trade and Industry. The rule prohibiting members of the Constitutional Commissions. B. 7. Sec. IX. 1962). Moreover. Sec. 13. Indeed. IX. of non-judicial duties. pp. noting that after the decision in Government of the Philippine Islands v. Co. Sec. Sec. It is judicial power and judicial power only which the Supreme Court and its members may exercise. (2%) (1998 Bar Question) SUGGESTED ANSWER: Page 131 of 445 Political and Public International Law . On the other hand. v. 13 of the present Constitution. Sec. in validating the law designating the Senate President and Speaker as members of the Board of Control of government corporations.

and the Commission on Audit. Commission on Audit. (Section 9(2). because the prohibition applies to both What is the rotational scheme of appointments in the COMELEC? (2%) (2009 Bar Question) SUGGESTED ANSWER: The rotational scheme of appointments in the Commissions on Elections refers to the scheme in which there is a regular recurrence of a two-year interval between the expiration of terms of the Chairman and the Commissioners. Article IX-B and Section 1(2). does not distinguish between government corporations with original charters and their subsidiaries. resignation or disability before expiration of the term should be filled only for the unexpired balance of the term. Article IX-D of the Constitution. Section 2. the Civil Service Commission. Jurisdiction of each constitutional commission The rule providing for post audit by the COA of certain government agencies. Article VIII. which prohibits Members of the Constitutional Com-missions from being financially interested in any contract with or any franchise or privilege granted by the Government. because the Page 132 of 445 Political and Public International Law . which provides for post audit by the Commission on Audit of government corporations. and (2) any vacancy due to the death. Article IX-A of the Constitution.) To what other constitutional offices does the rotational scheme of appointments apply? (2%) (2009 Bar Question) SUGGESTED ANSWER: The rotational scheme of appointments applies also to the Judicial and Bar Council. 347 SCRA 655 [2000]. Commission on Audit. (Gaminde v.) What are the two conditions for its workability (2%) (2009 Bar Question) SUGGESTED ANSWER: The two (2) conditions for the workability of the rotational scheme of appointments are the following: (1) the terms of the first Chairman and Commissioners should start on a common date. Section 1(2). 347 SCRA 655 [2000]. does not distinguish between government corporations with original charters and their subsidiaries. (Gamide vs. irrespective of variation of dates of their appointments and qualifications. (2%) (1998 Bar Question) SUGGESTED ANSWER: Section 2(1) Article IX-D of the Site Constitution.) D.

143) by vesting in the Commission on Elections the jurisdiction over inclusion and exclusion cases filed by voters. or support of any priest. Commission on Audit.000. Was the Commission on Audit correct is disallowing the vouchers in question? (1997 Bar Question) SUGGESTED ANSWER: Yes. The sending of a priest to minister to the spiritual needs of overseas contract workers does not fall within the scope of any of the exceptions. Under Section 2(2). since the Philippine National Bank is no longer owned by the Government. and why? (5%) (2001 Bar Question) Page 133 of 445 Political and Public International Law . Article IX-D of the Constitution. the Commission on Audit refused approval thereof claiming that the expenditures were in violation of the Constitution. a Roman Catholic priest. 142. the Commission on Audit can audit the Philippine National Bank with respect to its accounts because the Government still has equity in it. provision applies to both. it was privatized. A few years ago. or to any penal institution. if any of the privatization of PNB on the audit Jurisdiction of the COA? (5%) (2001 Bar Question) SUGGESTED ANSWER: In accordance with the ruling in Philippine Airlines vs. The only exception is when the priest is assigned to the armed forces. (1995). Section 29(2). then RTC). instead of in the courts (MTC. Let us suppose that Congress enacted a law which amended the Omnibus Election Code (particularly Sections 138. the Commission on Audit was correct in disallowing the expenditures. However. clothing allowance and monthly stipend of P5. or government orphanage or leprosarium. Upon request of a group of overseas contract workers in Brunei. 245 SCRA 39. What is the effect. Article IX-D of the Constitution. in accordance with Section 2(1). Is the law valid or not. Rev. benefit. Article VI of the Constitution prohibits the expenditure of public funds for the use. it is government. Father Juan de la Cruz.00 were ordered charged against the President’s discretionary fund.owned or controlled corporations and their subsidiaries which are subject to audit by the Commission on Audit. perdiems. 139. The Philippine National Bank was then one of the leading government-owned banks and it was under the audit jurisdiction of the Commission on Audit (COA). was sent to that country by the President of the Philippines to minister to their spiritual needs. The travel expenses. the Commission on Audit no longer has jurisdiction to audit it as an institution. Upon post audit of the vouchers therefor.

Inc. the Supreme Court cannot review the decisions or resolutions of a division of the Commission on Elections. theorizing that it is a government-owned and controlled corporation and its employees are governed by the Civil Service Law and not by the Labor Code. (C) the decision of the COMELEC division involving an election protest. (D) a related case is pending before the Supreme Court en banc. Food Terminal Inc. (B) the case involves a purely administrative matter. the First Division of the Commission on Elections rendered a decision upholding B's protest. Article IX-C of the Constitution. In an election protest involving the position of Governor of the Province of Laguna between "A". which refers to the inclusion and exclusion of voters. Article IX-C of the Constitution. contending that although Food Terminal. The COMELEC en banc shall decide a motion for reconsideration of (2011 BAR) (A) the House or Representatives and the Senate electoral tribunals. Under Section 2(3). Marfel opposed the motion to dismiss. 285 SCRA 493 (1998). Commission on Elections. (B) the decision of the election registrar. is a corporation owned and controlled by the government earlier Page 134 of 445 Political and Public International Law . Inc. and "B" the protestant. underpayment of wages and non-payment of emergency cost of living allowance. the protestee. "A" should first file a motion for reconsideration with the Commission on Elections en banc. As held in Mastura vs. filed a complaint with the Department of Labor and Employment (DOLE) for unpaid retrenchment or separation pay. (C) the inhibition of all the members of a Division is sought. joined by eleven other retrenched employees. it can only file petitions in court for inclusion or exclusion of voters. Why? If not what procedural step must he undertake first? (5%) (2001 Bar Question) SUGGESTED ANSWER: "A" cannot file a petition for certiorari with the Supreme Court. the Commission on Elections cannot decide the right to vote. Can "A" file a petition for certiorari with the Supreme Court under Rule 65 of the Rules of Court. The complaint was filed against Food Terminal. Luzviminda Marfel. (D) its own decision involving an election protest. The Comelec en banc cannot hear and decide a case at first instance EXCEPT when (2011 BAR) (A) a Division refers the case to it for direct action. moved to dismiss on the ground of lack of jurisdiction. from the decision of the COMELEC First Division? If yes. SUGGESTED ANSWER: The law granting the Commission on Elections jurisdiction over inclusion and exclusion cases is unconstitutional. Under Section 2(6).

Inc. The Civil Service Commission (CSC) affirmed the MSPB decision. since Food Terminal. National Labor Relations Commission. As held in Lumanta v. Inc. The former Governor was likewise not heard on the question of his liability. falls within the jurisdiction of the Department of Labor and Employment or the Civil Service Commission? Decide and ratiocinate. Is ADS’ refusal justified? Can COA disallow the payment of backwages by ADS to the dismissed employees due under a final CSC decision? Decide and reason briefly. Page 135 of 445 Political and Public International Law . Thus. however. and ordered ADS to reinstate the employees with full backwages. which ruled that the amounts due are the personal liabilities of the former Governor who dismissed the employees in bad faith. and the Commission on Audit cannot disallow the payment of backwages by ADS to the dismissed employee. the Commission on Audit cannot set aside a final decision of the Civil Service Commission. Instead of complying immediately. the incumbent Governor of ADS. ADS did not appeal and the order became final. it has still the marks of a private corporation: it directly hires its employees without seeking approval from the Civil Service Commission and its personnel are covered by the Social Security System and not the Government Service Insurance System. since the former governor was not given the opportunity to be heard. did not find the former Governor in bad faith. it is not covered by the jurisdiction of the Civil Service Commission E. Review of final orders. referred the matter to the Commission on Audit (COA). was organized under the Corporation Law and was not created by a special law in accordance with Section 2(1). (4%) (1999 Bar Question) SUGGESTED ANSWER: The claim of the retrenched employees falls under the jurisdiction of the National Labor Relations Commission and not under the jurisdiction of the Civil Service Commission.”. The Commission on Audit cannot make a ruling that it is the former governor who should be personally liable. BOP. The question posed in the petition for certiorari at bar is whether or not a labor law claim against a government-owned or controlled corporation like the Food Terminal. ADS refused to pay. The employees complained to the Merit Systems Protection Board. created and organized under the general corporation law as “The Greater Manila Food Terminal. which ruled that the Civil Service rules were violated when the employees were dismissed. Article IX-B of the Constitution. (5%) (2004 Bar Question) SUGGESTED ANSWER: The refusal of ADS is not justified. In addition. The final CSC decision. Inc. 170 SCRA 79. resolutions and decisions Former Governor PP of ADS Province had dismissed several employees to scale down the operations of his Office.

7. a mandate to the State to provide compensation and rehabilitation for victims of torture and their families. (Uy v. 5. There must be a law authorizing the Executive Department to interfere with the privacy of communication. VII. The Constitution now provides that the suspension of the privilege of the writ of habeas corpus does not suspend the right to bail. The Supreme Court is empowered to adopt rules for the protection and enforcement of constitutional rights. incommunicado and secret detention places is prohibited. A Commission on Human Rights is created. The use of solitary. The suspension of the privilege of the writ of habeas corpus and the proclamation of martial law have been limited to sixty (60) days and are now subject to the power of Congress to revoke. Sec. unnecessary. Art. There is also recognition of the right of expression. Page 136 of 445 Political and Public International Law . 3. 328 SCRA 607 [2000]). New rights are given explicit recognition such as the prohibition against detention by reason of politi-cal beliefs and aspirations. Bill of Rights How is the Bill of Rights strengthened in the 1987 Constitution? (1991 Bar Question) SUGGESTED ANSWER: There are several ways in which the Bill of Rights is strengthened in the 1987 Constitution. excessive. For instance. thus resolving a doctrinal dispute of long standing. an express prohibition against the use of torture. the Supreme Court is given the jurisdiction. 1. Commission on Audit. The payment of backwages to illegally dismissed government employee is not an irregular. The requirements for interfering with some rights have been made more strict. For instance. the liberty of abode. In addition. 6. The waiver of Miranda rights is now required to be made in writing with the assistance of counsel. and the right to travel before these rights may be impaired or curtailed. free access to courts now includes access to quasi-judicial bodies and to adequate legal assistance. while the existence of substandard and inadequate penal facilities is made the concern of legislation. II. upon the petition of any citizen to determine the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law. extravagant or unconscionable expenditure. Some rights have been expanded. 11 commits the State to a policy which places value on the dignity of every human person and guarantees full respect for human rights. only judges can now issue search warrants or warrants of arrest. 4. 2.

executive power. Requisites for valid exercise 3. Under Article XVI. Delegation A tax is progressive when: ((2012 BAR EXAMS)) a. legislative power. legislative power. insistent and the least limitable of (government) powers. 8. is: (2012 BAR EXAMS) a. Concept. 35 SCRA 482 The totality of governmental power is contained in three great powers: (2012 BAR EXAMS) a. the rate increases as the tax base remains the same. extending as it does to all the great public needs. emergency power. d. power of eminent domain. taxation) 1. ERICTA. police power. the rate fluctuates as the tax base decreases. d. Sec. police power. b. eminent domain. municipal power. 5(2) the State is mandated to promote respect for the people's rights among the members of the military in the performance of their duty. the rate increases as the tax base increases. c. police power. power of foreign policy. the rate decreases as the tax base increases. (C) police power. A. The most essential. power to declare martial law. power of sequestration. Similarities and differences 4. c. c. b. (B) emergency power. Fundamental powers of the state (police power. (D) residual power. judicial power. power of taxation. b. SUGGESTED ANSWER: (B) EDU VS. legislative power. Page 137 of 445 Political and Public International Law . power of immigration. application and limits 2. SUGGESTED ANSWER: It is suggested that either (c) and (d) may be accepted as a correct answer. d. The price of staple goods like rice may be regulated for the protection of the consuming public through the exercise of (2011 BAR) (A) power of subordinate legislation.

(5%) (2000) SUGGESTED ANSWER: As held in Department of Education. Mitchell. This legislation was passed in response to findings by the Department of Health about the alarming rise in lung diseases in the country. and welfare of the people. 333 F Supp 582. decide the constitutionality of the law in question. 180 SCRA 533 Page 138 of 445 Political and Public International Law . tobacco companies have shifted marketing efforts to the Third World due to dwindling sales in the health- conscious American market. Congress passes a law prohibiting television stations from airing any-commercial advertisement which promotes tobacco or in any way glamorizes the consumption of tobacco products. recently released an advertisement featuring model Richard Burgos wearing Levy’s jackets and jeans and holding a pack of Marlboro cigarettes. Cruz filed suit assailing this rule raising the constitutional grounds of accessible quality education. refuses to air the advertisement in compliance with the law. a privately owned television station. a jeans company. The World Health Organization has also reported that U. San Diego. Undaunted by his three failures in the National Medical Admission Test (NMAT). Culture and Sports v. In Posadas de Puerto Rico Associates vs.S. academic freedom and equal protection. 478 U. (1992 Bar Question) SUGGESTED ANSWER: The law is constitutional. The Asian Broadcasting Network (ABN). 328. The United States Supreme Court summarily sustained this ruling in Capital Broadcasting Company vs. it was ruled that a law prohibiting certain types of advertisements is valid if it was adopted in the interest of the health. Cowboy Levy’s has not overthrown this finding. 405 U. Cruz applied to take it again but he was refused because of an order of the Department of Education. Cowboy Levy's.S. because smoking is harmful to health. Decide the case discussing the grounds raised. Regardless of your answers above. In Capital Broadcasting Company vs. Acting Attorney General. It is a valid exercise of police power. The government opposes this. Culture and Sports (DECS) disallowing flunkers from taking the test a fourth time. Tourism Company of Puerto Rico.S. 1000. upholding the constitutionality of the rule on the ground of exercise of police power. The law in question was enacted on the basis of the legislative finding that there is a need to protect public health. safety. because smoking causes lung diseases. a law making it unlawful to advertise cigarettes on any medium of electronic communication was upheld.

Congress passed a law requiring graduates of public science high schools henceforth to take up agriculture or mining engineers as their college course. It violates the right granted by Section 5(3). Tomas. it may be said that the interests of the public generally. as distinguished from those of a particular class. the right to choose a profession is subject to fair. Police power concerns government enactments which precisely interfere with personal liberty or property in order to promote the general welfare or the common good. (1989). it is a valid exercise of the State’s police power. Article XIV of the Constitution. It cannot be denied that a rice shortage and a dearth of mining engineers are valid concerns that affect the common good and must be addressed by the State. Article XIV of the Constitution to the high school graduates to select their professions or courses of study. The city government filed a complaint for expropriation of 10 lots to build a recreational complex for the members of the homeowners' association of Sitio Sto. and that the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. the rule is a valid exercise of police power to ensure that those admitted to the medical profession are qualified. reasonable. Is the law constitutional? (6%) (2008 Bar Question) SUGGESTED ANSWER: Yes. require the exercise of the police power. and as such may be considered to be a reasonable exercise of the State’s police power. The arguments of Cruz are not meritorious. The law provides for a lawful method geared towards a lawful objective. The rule does not violate equal protection. ALTERNATIVE ANSWER: The law is unconstitutional. The lot owners Page 139 of 445 Political and Public International Law . In this case. the most populated residential compound in the city. and equitable requirements for admission to the professions or courses of study selected by the students. reasonable and equitable admission and academic requirements. the medical profession directly affects the lives of the people. As a reaction to the rice shortage and the dearth of mining engineers. Several students protested. it is within the police power of the state to require the graduates whose education it has subsidized to take up agriculture or mining engineering. This provision authorizes the State to impose fair. The right to quality education and academic freedom are not absolute. Unlike other professions. Under Section 5(3). the law is constitutional. Since the law is limited to public science high schools. invoking their freedom to choose their profession. It does not authorize the State to select for them the professions or courses of study they will pursue. There is a substantial distinction between medical students and other students.

it exercises its (2011 BAR) (A) eminent domain power. challenged the purpose of the expropriation. The government insisted. (C) Yes. To address the pervasive problem of gambling. (B) No. because not everybody uses a recreational complex. (D) The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court. (2) allow gambling only on Sundays. it is in accord with the general welfare clause. (C) police power. that what apply are the rules of court which require an initial deposit only of the assessed value of the property. (B) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value. (D) Yes. because it intends to benefit a private organization. whichever is higher. (2%) (2009 Bar Question) SUGGESTED ANSWER: The law absolutely prohibiting all forms of gambling is a valid exercise of police power. the law or the rules of court? (2011 BAR) (A) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value. (C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define. Which should prevail on this matter. (D) taxing power. (3) allow gambling only in government-owned casinos. can the law be validly attacked on the ground that it is an invalid exercise of police power? Explain your answer. it serves the well-being of the local residents. Congress is considering the following options: (1) prohibit all forms of gambling. Does the expropriation have a valid purpose? (2011 BAR) (A) No. whichever is lower. because it is an evil that undermines the social. If Congress chooses the first option and passes the corresponding law absolutely prohibiting all forms of gambling. The government sought to expropriate a parcel of land belonging to Y. and (4) remove all prohibitions against gambling but impose a tax equivalent to 30% on all winnings. When the State requires private cemeteries to reserve 10% of their lots for burial of the poor. moral and economic growth of the Page 140 of 445 Political and Public International Law . to get immediate possession of the land. The law provides that. (B) zoning power. the government must deposit the equivalent of the land's zonal value. however.

both teach at the International Institute in Manila.) B. 148 [1955]). The Metropolitan Manila Development Authority is authorized to confiscate a driver's' license in the enforcement of traffic regulations.000 per hour and Y. 98 Phil. (Metropolitan Manila Development Authority v. Page 141 of 445 Political and Public International Law . If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling. Relativity of due process 2. Garin. 68 Phil. Due process – the rights to life. Inc. Since Republic Act No. The institute gave X a salary rate of P1. City Mayor of Manila. The school cited the dislocation factor and limited tenure of Y to justify his high salary rate and additional benefits. liberty & property 1. Araneta. 7924 does not grant the Metropolitan Manila Development Authority the authority to enact ordinances. would the law comply with the constitutional limitations on the exercise of the power of taxation? Explain your answer. a Filipino and Y. Constitutional and statutory due process X. (0. Procedural and substantive due process 3. and leave travel allowance. [1939]). P1. shipping costs. The Filipino teachers assailed such differential treatment. an American.5%) (2010 Bar Question) SUGGESTED ANSWER: The statement that the Metropolitan Manila Development Authority is authorized to confiscate a driver's license in the enforcement of traffic regulations is false. transportation. 456 SCRA 176 [2005]. nation (People v. Taxes on non-useful enterprises may be increased to restrain the number of persons who might otherwise engage in it (Brmita- Malate Hotel and Motel Operators Association. the grant to it by Section 5(f) of Republic Act No. Private acts and the Bill of Rights C. 20 SCRA 849 [1967]). Taxes may be imposed for the attainment of the objective of police power (Lutz v. (2%) (2009 Bar Question) SUGGESTED ANSWER: A tax of 30% on winnings from gambling does not violate due process as to the reasonableness of the rate of the tax imposed. Punto.250 per hour plus housing. v. The same package was given to the other foreign teachers. 7924 of the power to confiscate drivers' licenses without the need of any other law is an unauthorized exercise of police power.

51 SCRA 189. claiming it is discriminatory and violates the equal protection clause. the constitutionally protected liberty of Sheila will prevail. Likewise. Simpson trial. 388 U. she shall be liable to refund to the film company a portion of its promotion expenses. SUGGESTED ANSWER: The waiver of the right to marry and the right to procreate is valid.complainant was a well known personality while the accused was a popular movie star. or impinge upon. Article 1 of the Constitution. (D) The distinction is substantial and uniformly applied to each class.J.S. Sheila. These involve property rights. Does this contract impair. Page 142 of 445 Political and Public International Law . the case of Sldnner vs. signed a two -year contract with Solidaridad Films. any constitutionally protected liberty of Sheila? Explain. In turn. These rights are part of the liberty protected by the due process clause in Section 1. 374 recognized the right to marry is a basic civil right. she shall not get married or have a baby. Philippine Blooming Mills. The case of Loving vs.S. Yes. As held in Philippine Blooming Mills Employees Organization vs. Virginia. a TV station was allowed by the trial judge to televise the entire proceedings like the O. At the trial of a rape case where the victim. will this constitutionally protected liberty prevail? Explain. A.S. 1 and Zablocki vs. What Solidaridad Films is seeking to recover are promotion expenses. The film company undertook to promote her career and to feature her as the leading lady in at least four movies. because it involves basic human rights. otherwise. It is limited to a refund of a portion of the promotion expenses incurred by Solidaridad Films. (2011 BAR) (A) The classification is based on superficial differences. (B) The classification undermines the "Filipino First" policy. Sheila promised that. 434 U. Inc.. (1992 Bar Question) SUGGESTED ANSWER: Yes. Oklahoma 316 U. The accused objected to the TV coverage and petitioned the Supreme Court to prohibit the said coverage. (C) The distinction is fair considering the burden of teaching abroad. Decide. civil rights are superior to property rights. an actress. Redhail. the contract impairs the right of Sheila to many and to procreate. (1992 Bar Question) B. Enforcement of the contract does not entail enforcement of the stipulation not to marry and not to have a baby. 535 recognized that the right to procreate is a basic civil right. The waiver of these basic human rights is void. for the duration of the contract. If Solidaridad Films tries to enforce this contract judicially.

the lawyers and Torre. he reiterated his request for a “full hearing”. Page 143 of 445 Political and Public International Law . nine lawyers of the Legal Department of Y Bank who were all under Fred Torre. (4%) (2010 Bar Question) SUGGESTED ANSWER: Torre was constructively dismissed. Moret then submitted a report sus-taining the charges of the lawyers. Torre was asked. The Board Chairman wrote Torre to inform him that the bank had chosen the compassionate option of “waiting” for Torre’s resignation. After another request for a “full hearing” was ignored. to prevent the distraction of the participants in the proceedings. no agreement was reached thereat. As the Supreme Court. sent a complaint to management accusing Torre of abusive conduct and mismanagement. Days later. is it correct for him to say that he was not given an opportunity to be heard? Explain your answers. Reacting thereto. claiming that he had been “constructively dismissed”. to turn over the documents of all cases handled by him to another official of the bank but Torre refused to resign and requested for a “full hearing”. the bank terminated the services of Torre. 1990. the lawyers and Torre were called to a conference in the office of the Board Chairman to give their respective sides of the controversy. In its Resolution dated October 22. as held in Equitable Banking Corporation v. He met with the lawyers together with Torre several times but to no avail. the Supreme Court prohibited live radio and television coverage of court proceedings to protect the right of the parties to due process. 1991. Allowing an employee to report for work without being assigned any work constitutes constructive dismissal. Questions: Was Torre “constructively dismissed” before he filed his complaint? Given the multiple meetings held among the bank officials. On November 7. how would you rule on the petition? Explain. Torre filed a complaint with the arbitration branch of NLRC for illegal dismissal. (1996 Bar Question) SUGGESTED ANSWER: The Supreme Court should grant the petition. and in the last analysis to avoid a miscarriage of justice. Torre denied the charges. Moret assured Torre that he is “free to remain in the employ of the bank” even if he has no particular work assignment. without being dismissed. Bank Director Romulo Moret was tasked to look further into the matter. Furnished with a copy of the complaint. However. National Labor Relations Commission. Two days later. 273 SCRA 352.

Torre is correct in saying that he was not given the chance to be heard. The meetings
in the nature of consultations and conferences cannot be considered as valid
substitutes for the proper observance of notice and hearing.

Give examples of acts of the state which infringe the due process clause:
1.) in its substantive aspect and (1%) (1999 BarQuestion)
2.) in its procedural aspect? (1%) (1999 Bar Question)

SUGGESTED ANSWER:

1.) A law violates substantive due process when it is unreasonable or unduly
oppressive. For example, Presidential Decree No. 1717, which cancelled all the
mortgages and liens of a debtor, was considered unconstitutional for being oppressive.
Likewise, as stated in Ermita-Malate Hotel and Motel Operators Association, Inc. v. City
Mayor of Manila, 20 SCRA 849, a law which is vague so that men of common
intelligence must guess at its meaning and differ as to its application violates sub-
stantive due process. As held in Tañada v. Tuvera, 146 SCRA 446, due process
requires that the law be published.

2.) In State Prosecutors v. Muro, 236 SCRA 505, it was held that the dismissal of a case
without the benefit of a hearing and without any notice to the prosecution violated due
process. Likewise, as held in People v. Court of Appeals, 262 SCRA 452, the lack of
impartiality of the judge who will decide a case violates procedural due process.

A law interfering with the rights of the person meets the requirements of
substantive due process when (2011 BAR)
(A) the means employed is not against public policy.
(B) it is in accord with the prescribed manner of enforcement as to time,
place, and person.
(C) all affected parties are given the chance to be heard.
(D) the interest of the general public, as distinguished from those of a
particular case, requires such interference.

On April 6, 1963, Police Officer Mario Gatdula was charged by the Mayor with
Grave Misconduct and Violation of Law before the Municipal Board. The Board
investigated Gatdula but before the case could be decided, the City charter was
approved. The City Fiscal, citing Section 30 of the city charter, asserted that he
was authorized thereunder to investigate city officers and employees. The case
against Gatdula was then forwarded to him, and a re-investigation was
conducted. The office of the Fiscal subsequently recommended dismissal. On
January 11, 1966, the City Mayor returned the records of the case to the City
Fiscal for the submission of an appropriate resolution but no resolution was
submitted. On March 3,-1968, the City Fiscal transmitted the records to the City
Mayor recommending that final action thereon be made by the City Board of
Investigators (CBI). Although the CBI did not conduct an investigation, the

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records show that both the Municipal Board and the Fiscal’s Office exhaustively
heard the case with both parties afforded ample opportunity to adduce their
evidence and argue their cause. The Police Commission found Gatdula guilty on
the basis of the records forwarded by the CBI. Gatdula challenged the adverse
decision o'f the Police Commission theorizing that he was deprived of due
process. Questions: Is the Police Commission bound by the findings of the City
Fiscal? Is Gatdula’s protestation of lack or non- observance of due process well-
grounded? Explain your answers. (4%) (2010 Bar Question)

SUGGESTED ANSWER:

The Police Commission is not bound by the findings of the City Fiscal. In Mangubat v.
de Castro, 163 SCRA 608, it was held that the Police Commission is not prohibited from
making its own findings on the basis of its own evaluation of the records. Likewise, the
protestation of lack of due process is not well-grounded, since the hearings before the
Municipal Board and the City Fiscal offered Gatdula the chance to be heard. There is no
denial of due process if the decision was rendered on the basis of evidence contained in
the record and disclosed to the parties affect

Is entitled to the right against illegal searches and seizures and against illegal
arrests. (2%) (2001 Bar Question)

SUGGESTED ANSWER:

Aliens are entitled to the right against illegal searches and seizures and illegal arrests.
As applied in People v. Chua Ho San, 307 SCRA 432 (1999), these rights are available
to all persons, including aliens.

The Philippine Ports Authority (PPA) General Manager issued an administrative
order to the effect that all existing regular appointments to harbor pilot positions
shall remain valid only up to December 31 of the current year and that henceforth
all appointments to harbor pilot positions shall be only for a term of one year
from date of effectivity, subject to yearly renewal or cancellation by the PPA after
conduct of a rigid evaluation of performance. Pilotage as a profession may be
practiced only by duly licensed individuals, who have to pass five government
professional examinations.

The Harbor Pilot Association challenged the validity of said administrative order
arguing that it violated the harbor pilots' right to exercise their profession and
their right to due process of law and that the said administrative order was issued
without prior notice and hearing. The PPA countered that the administrative order
was valid as it was issued in the exercise of its administrative control and
supervision over harbor pilots- under PPA's legislative charter; and that in
issuing the order as a rule or regulation, it was performing its executive or
legislative, and not a quasi-judicial function.

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Due process of law is classified into two kinds, namely, procedural due process
and substantive due process of law. Was there, or, was there no violation of the
harbor pilots' right to exercise their profession and their right to due process of
law? (5%) (2001 Bar Question)

SUGGESTED ANSWER:

The right of the harbor pilots to due process was violated. As held, in Corona vs.
United Harbor Pilots Association of the Philippines, 283 SCRA 31 (1997), pilotage
as a profession is a property right protected by the guarantee of due process. The pre-
evaluation cancellation of the licenses of the harbor pilots every year is unreasonable
and violated their right to substantive due process. The renewal is dependent on the
evaluation after the licenses have been cancelled. The issuance of the administrative
order also violated procedural due process, since no prior public bearing was
conducted. As hold in Commissioner of Internal Revenue vs. Court of Appeals, 261
SCRA 237 (1998), when a regulation is being issued under the quasi-legislative
authority of an administrative agency, the requirements of notice, hearing and
publication must be observed.

The Maritime Industry Authority (MARINA) issued new rules and regulations
governing pilotage services and fees, and the conduct of pilots in Philippine
ports. This it did without notice, hearing nor consultation with harbor pilots or
their associations whose rights and activities are to be substantially affected. The
harbor pilots then filed suit to have the new MARINA rules and regulations
declared unconstitutional for having been issued without due process. Decide the
case. (5%) (2000 Bar Question)

SUGGESTED ANSWER:

The issuance of the new rules and regulations violated due process. Under Section 9,
Chapter II, Book VII of the Administrative Code of 1987, as far as practicable, before
adopting proposed rules, an administrative agency should publish or circulate notices of
the proposed rules and afford interested parties the opportunity to submit their views;
and in the fixing of rates, no rule shall be valid unless the proposed rates shall have
been published in a newspaper of general circulation at least two weeks before the first
hearing on them. In accordance with this provision, in Commissioner of Internal
Revenue v. Court of Appeals. 261 SCRA 236(1996), it was held that when an
administrative rule substantially increases the burden of those directly affected, they
should be accorded the chance to be heard before its issuance.

SUGGESTED ANSWER:

Submission of the rule to the University of the Philippines Law Center for publication is
mandatory. Unless this requirement is complied with, the rule cannot be enforced.

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Ten public school teachers of Caloocan City left their classrooms to join a strike,
which lasted for one month, to ask for teachers' benefits.

The Department of Education, Culture and Sports charged them administratively,
for which reason they were required to answer and formally investigated by a
committee composed of the Division Superintendent of Schools as Chairman, the
Division Supervisor as member, and a teacher, as another member. On the basis
of the evidence adduced at the formal investigation which amply established their
guilt, the Director rendered a decision meting out to them the penalty of removal
from office. The decision was affirmed by the DECS Secretary and the Civil
Service Commission.

On appeal, they reiterated the arguments they raised before the administrative
bodies, namely:

They were deprived of due process of law as the Investigating Committee was
improperly constituted because it did not include a teacher in representation of
the teachers’ organization as required by the Magna Carta for Public School
Teachers (R.A. No.4670, Sec. 9).

How should these issues be resolved? (5%) (2002 Bar Question)

SUGGESTED ANSWER:

The teachers were deprived of due process of law. Under Section 9 of the Magna Carta
for Public School Teachers, one of the members of the committee must be a teacher
who is a representative of the local, or in its absence, any existing provincial or national
organization of teachers. According to Patella v. Court of Appeals, 283 SCRA 256
(1997), to be considered the authorized representative of such organization, the teacher
must be chosen by the organization itself and not by the Secretary of Education, Culture
and Sports. Since in administrative proceedings, due process requires that the tribunal
be vested with jurisdiction and be so constituted to afford a person charged
administratively a reasonable guarantee of impartiality, if the teacher who is a member
of the committee was not appointed in accordance with the law, any proceeding before
it is tainted with deprivation of procedural due process.

Does a Permit to Carry Firearm Outside Residence (PTCFOR) constitute a
property right protected by the Constitution? 2.5% (2006 Bar Question)

SUGGESTED ANSWER:

A permit to carry a firearm outside the residence is not a property right protected by the
Constitution. It is merely a statutory privilege. The Constitution does not contain a
provision similar to the Second Amendment of the United States Constitution, which
guarantees the right to bear arms (Chavez v. Romulo, 431 SCRA 534, [2004]).

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A law provides that in the event of expropriation, the amount to be paid to a
landowner as compensation shall be either the sworn valuation made by the
owner or the official assessment thereof, whichever is lower. Can the landowner
successfully challenge the law in court? Discuss briefly your answer. (1989 Bar
Question)

SUGGESTED ANSWER:

Yes, the landowner can successfully challenge the law in court. According to the
decision in Export-Processing Zone Authority vs. Dulay, 149 SCRA 305, such a law is
unconstitutional. First of all, it violates due process, because it denies to the landowner
the opportunity to prove that the valuation in the tax declaration is wrong. Secondly, the
determination of just compensation in expropriation cases is a judicial function. Since
under Section 9, Article III of the 1987 Constitution private property shall not be taken
for public use without just compensation, no law can mandate that its determination as
to the just compensation shall prevail over the findings of the court.

The City Mayor issues an Executive Order declaring that the city promotes
responsible parenthood and upholds natural family planning. He prohibits all
hospitals operated by the city from prescribing the use of artificial methods of
contraception, including condoms, pills, intrauterine devices and surgical
sterilization. As a result, poor women in his city lost their access to affordable
family planning programs. Private clinics, however, continue to render family
planning counsel and devices to paying clients.

Is the Executive Order in any way constitutionally infirm? Explain. (2007 Bar
Question)

SUGGESTED ANSWER:

The Executive Order is constitutionally infirm. It violates the guarantees of due process
and equal protection. Due process includes the right to decisional privacy, which refers
to the ability to make one’s own decisions and to act on those decisions, free from
governmental or other unwanted interference. Forbidding the use of artificial methods of
contraception infringes on the freedom of choice in matters of marriage and family life
(Griswoldv. Connecticut, 381 U.S. 415 [1965]). Moreover, the Executive Order violates
equal protection as it discriminates against poor women in the city who cannot afford to
pay private clinics.

SUGGESTED ANSWER:

The Executive Order is constitutionally infirm. It violates Section 3(1), Article XV of the
1987 Constitution, which recognizes the right of spouse to found a family in accordance
with the demands of responsible parenthood, which includes the use of artificial
methods of contraception.

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SUGGESTED ANSWER:

The Executive Order is constitutionally infirm. When Section 12, Article II of the 1987
Constitution provides that the State shall equally protect the life of the mother and the
life of the unborn from conception, it is prohibiting , abortion only and not the use of
artificial contraceptives (Record of the Constitutional Commission, Vol. IV, pp. 683, 711
and 760).

Is the Philippines in breach of any obligation under international law? Explain.
(2007 Bar Question)

SUGGESTED ANSWER:

The acts of the City Mayor may be attributed to the Philippines under the principle of
state responsibility. Article 26 of the International Covenant on Civil and Political rights
requires that Philippine law shall prohibit any discrimination and shall guarantee to all
persons equal and effective protection against discrimination on any ground such as
social origin, birth or other status. The Executive Order of the City Mayor discriminates
against poor women.

SUGGESTED ANSWER:

The Philippines is not in breach of any obligation under international law. The protection
of the life of the unborn from conception is consistent with Article 6(1) of the Convention
on the Rights of the Child, which recognizes the inherent right to life of every child.
While Article 24 (2)(f) of the Convention of the Rights of the Child requires the States
Parties to develop family planning education and services and Article 10(h), Article
12(2) and Article 14(b) of the Convention on the Elimination of all Forms of
Discrimination against Women require States Parties to provide access to information,
advice and services in family planning, they do not prescribe any specific form of such
information and services.

May the Commission on Human Rights order the Mayor to stop the
implementation of the Executive Order? Explain. (2007 Bar Question)

SUGGESTED ANSWER:

The Commission on Human Rights cannot order the City Mayor to stop the
implementation of his Executive Order, because it has no power to issue writs of
injunction (Export Processing Zone Authority v. Commission on Human Rights, 208
SCRA 125 [1992]).

The Philippine National Police (PNP) issued a circular to all its members directed
at the style and length of male police officers’ hair, sideburns and moustaches, as
well as the size of their waistlines. It prohibits beards, goatees and waistlines
over 38 inches, except for medical reasons. Some police officers questioned the

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validity of the circular, claiming that it violated their right to liberty under the
Constitution. Resolve the controversy. (6%) (2008 Bar Question)

SUGGESTED ANSWER:

The circular is valid. The circular is based on a desire to make police officers easily
recognizable to the members of the public or to inculcate spirit de corps which such
similarity is felt to inculcate within the police force. Either one is a sufficient rational
justification for the circular (Kelley v. Johnson, 425 U.S. 238 [1976]).

Macabebe, Pampanga has several barrios along the Pampanga river. To service
the needs of their residents, the municipality has been operating a ferry service at
the same river, for a number of years already.

Sometime in 1987, the municipality was served a copy of an order from the Land
Tansportation Franchising and Regulatory Board (LTFRB), .granting a certificate
of public convenience to Mr. Ricardo Macapinlac, a resident of Macabebe, to
operate ferry service across the same over and between the same barrios being
serviced presently by the municipality’s ferry boats. A check of the records of the
application of Macapinlac shows that the application was filed some months
before, set for hearing, and notices of such hearing were published in two
newspapers of general circulation in the town of Macabebe, and in the province
of Pampanga. The municipality had never been directly served a copy of that
notice of hearing nor had the Sangguniang Bayan been requested by Macapinlac
for any operate. The municipality immediately filed a motion for reconsideration
with the LTFRB which was denied. It then went to the Supreme Court on a petition
for certiorari to nullify the order granting a certificate of public convenience to
Macapinlac on two grounds:

1. Denial of due process to the municipality; and

2. For failure of Macapinlac to secure approval of the Sangguniang Bayan for
him to operate a ferry service in Macabebe.

Resolve the two points in the petition with reasons. (1988 Bar Question)

SUGGESTED ANSWER:

The petition for certiorari should be granted.

1. As a party directly affected by the operation of the ferry service, the Municipality
of Macabebe, Pampanga was entitled to be directly notified by the LTFRB of its
proceedings relative to Macapinlac’s application, even if the Municipality had not
notified the LTFRB of the existence of the municipal ferry service. Notice by
publication was not enough. (Municipality of Echague v. Abellera, 146 SCRA
180(1986)).

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2. It has been held that where a ferry operation lies entirely within the municipality,
the prior approval of the Municipal government is necessary. Once approved, the
operator must then apply with the LTFRB for a certificate of public convenience
and shall be subject to LTFRB super-vision. (Municipality of Echague v. Abellera,
supra).

On 29 July 1991, the Energy Regulatory Board (ERB), in response to public
clamor, issued a resolution approving and adopting a schedule for bringing down
the prices of petroleum products over a period of one (1) year starting 15 August
1991, over the objection of the oil companies which claim that the period covered
is too long to prejudge and foresee.

Is the resolution valid? (1991 Bar Question)

SUGGESTED ANSWER:

No, the resolution is invalid, since the Energy Regulatory Board issued the resolution
without a hearing. The resolution here is not a provisional order and therefore it can only
be issued after appropriate notice and hearing to affected parties. The ruling in
Philippine Communications Satellite Corporation vs. Alcuaz, 180 SCRA 218, to the
effect that an order provisionally reducing the rates which a public utility could charge,
could be issued without previous notice and hearing, cannot apply.

A criminal statute that "fails to give a person of ordinary intelligence fair
notice that his contemplated conduct is forbidden by statute" is: (2012 BAR
EXAMS)

a. void for fair notice;
b. void for arbitrariness;
c. void for vagueness;
d. void conclusively.

SUGGESTED ANSWER:

A) ESTRADA VS. SANDIGANBAYAN, 369 SCRA 394

3. Hierarchy of rights

What do you understand by the term "heirarchy of civil liberties"? Explain. (2012
BAR EXAMS)

SUGGESTED ANSWER:

A. The hierarchy of civil liberties means that freedom of expression and the rights of
peaceful assembly are superior to property rights. (Philippine blooming mills employees
organization vs. Philippine blooming mills company, inc. ., 51 scra 189.)

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In the hierarchy of civil liberties, which right occupies the highest preferred
position: (2012 BAR EXAMS)
a. right to academic freedom;
b. right to a balanced and healthful ecology;
c. right to freedom of expression and of assembly;
d. right to equal health.

SUGGESTED ANSWER:

(C) PHILIPPINE BLOOMING MILLS EMPLOYEES ORGANIZATION VS. PHILIPPINE
BLOOMING COMPANY INC. SCRA 51 SCRA 189

4. Judicial standards of review
5. “Overbreadth doctrine” and “Void-for-vagueness” doctrine

Compare and contrast “overbreadth doctrine” from “void-for-vagueness”
doctrine. (5%) (2010 Bar Question)

SUGGESTED ANSWER:

While the overbreadth doctrine decrees that a governmental purpose may not be
achieved by means in a statute which sweep unnecessary broadly and thereby invades
the area of protected freedom. A statute is void for vagueness when it forbids or
requires the doing of an act in terms so vague that men of common intelligence cannot
necessarily guess at its meaning and differ as to its application. (Estrada v.
Sandiganbayan, 369 SCRA 394 [2001].)

An ordinance prohibits "notorious street gang members" from loitering in public
places. The police are to disperse them or, if they refuse, place them under arrest.
The ordinance enumerates which police officers can make arrest and defines
street gangs, membership in them, and public areas. The ordinance was
challenged for being vague regarding the meaning of "notorious street gang
members." Is the ordinance valid? (2011 BAR)
(A) No, it leaves the public uncertain as to what conduct it prohibits.
(B) No, since it discriminates between loitering in public places and
loitering in private places.
(C) Yes, it provides fair warning to gang members prior to arrest regarding
their unlawful conduct.
(D) Yes, it is sufficiently clear for the public to know what acts it prohibits.

The void-for-vagueness doctrine is a concept which means that: (1%) 2014 BAR
EXAMS
(A) if a law is vague, then it must be void
(B) any law which could not be understood by laymen is a nullity
(C) if a law is incomprehensible to ordinary people such that they do not really

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Which of the three (3) levels of test should be applied to the present case? Explain. Second. The law must not only further an important government interest and be related to that interest. What are the three (3) levels of test that are applied in equal protection cases? Explain. The COMELEC denied the application for accreditation on the ground that GBTY A espouses immorality which offends religious dogmas. the INTERMEDIATE SCRUTINY TEST. the STRICT SCRUTINY TEST which is applied when the legislative classification disadvantages a subject class or impinges upon a fundamental right. Page 153 of 445 Political and Public International Law . gives rise to recurring constitutional difficulties or disadvantages a quasi-suspect class. Bisexual and Transgender Youth Association (GBTYA). 6. Strict Scrutiny Test c. Rational Basis Test b. GBTY A challenges the denial of its application based on moral grounds because it violates its right to equal protection of the law. Intermediate Scrutiny Test The Gay. Standards of judicial review a. the statute must fall unless the government can show that the classification serves a compelling governmental interest. when the classification. Concept 2. then the law must be struck down (D) a government regulation that lacks clear standards is nonsensical and useless as a guide for human conduct (E) clarity in legal language is a mandate of due process. filed for accreditation with the COMELEC to join the forthcoming party-list elections. Requisites for valid classification 3. know what is required or prohibited. an organization of gay. a. then the law must be struck down. b. The three levels of test applied in equal protection cases are as follow: First. (2015 BAR) Answer: a. while not facially invidious. bisexual. The justification must be genuine and must not depend on broad generalizations. Equal protection 1. SUGGESTED ANSWER: (B) If a law is incomprehensible to ordinary people such that they do not really know what is required or prohibited. and transgender persons.

The presumption is in favor of the classification. the RATIONALITY TEST. Classification on the basis of sexual orientation is a quasi-subject classification that prompts intermediate review. Culture and Sports vs. Metro Manila. the statute will be tested for mere rationality. Page 154 of 445 Political and Public International Law . for laws dealing with freedom of the mind or restricting the political processes. ALTERNATIVE ANSWER: (1) The three levels of tests that may be applied in equal protection cases may be classified as follow: the STRICT SCRUTINY TEST. the reasonableness and fairness of state action and of legitimate grounds of distinction. 180 SCRA 533. who is the son of a poor farmer who was also academically deficient. the Rector admitted another applicant. (2) It is submitted that the strict scrutiny test should be applied in this case because the challenged classification restricts the political process. After “X” was refused admission. Sexual orientation has no relation to a person’s ability to contribute to society. and HEIGHTENED or INTERMEDIATE SCRUTINY for evaluating classifications based on gender and legitimacy. X who was thus disqualified. The group lacks sufficient political strength to bring an end to discrimination through political mean (Ang Ladlad v. if neither the strict nor the intermediate scrutiny is appropriate. COMELEC. a scion of a rich family. The Department of Education. the circular did not violate the equal protection clause of the Constitution. This is in accordance with the ruling in Department of Education. Did the circular violate the equal protection clause of the Constitution? (1994 Bar Question) SUGGESTED ANSWER: No. Lastly. The dental profession directly affects the lives and health of people. Because he had been previously expelled from another seminary for scholastic deficiency. Culture and Sports issued a circular disqualifying anyone who fails for the fourth time in the National Entrance Tests from admission to a College of Dentistry. questions the constitutionality of the circular. 618 SCRA 32 [2010]). San Diego. Other professions do not involve the same delicate responsibility and need not be similarly treated. applied for enrolment with the San Carlos Seminary in Mandaluyong. “X”. the RATIONAL BASIS STANDARD for the review of economic legislation. the Rector of San Carlos Seminary denied the application without giving any grounds for the denial. The discrimination that distinguishes the gays and lesbian persons are beyond their control. There is a substantial distinction between dentistry students and other students. b.

The reverse discrimination practiced by the seminary cannot be justified because unlike the race problem in America. (D) for as long as the problem to be corrected exists. (1987 Bar Question) B. 1) of the Constitution. Loyola School of Theology. Technological Institute of the Philippines. The fact that the other applicant is the son of a poor farmer does not make the discrimination any less invidious since the other applicant is also academically deficient. (1987 Bar Question) SUGGESTED ANSWER: A. (C) for a limited period only. Tangonan v. Prepare a brief argument citing rules. C. Not only is the seminary entitled to choose whom it will admit because it enjoys institutional autonomy (Art. to choose whom it will admit as student. or constitutional provisions in support of “X’s” motion for reconsideration of the denial of his application. Sec. The rich man’s son had been expelled from another school because of academic delinquency. Sec. laws. The equal protection clause allows valid classification of subjects that applies (2011 BAR) (A) only to present conditions. (Garcia v. B. Sec. The preference given to the poor man’s son is justified. Villar v. laws. poverty is not a condition of inferiority needing redress. Prepare a short argument citing rules. The democratization of wealth and power. warranting a finding that he cannot really do school work. 137 SCRA 245 (1985)) This autonomy is sufficiently large to permit in this case the seminary to choose between the rich man’s son and the poor man’s son. the poor man’s son may be academically deficient precisely as a result of poverty so that if relieved of its effects it is probable he will do better in school. 68 SCRA 277 (1975). he still failed in his school work. 1. The seminary has institutional autonomy which gives it the right. The refusal of the seminary to admit “X” constitutes invidious discrimination. 5(2) ) but the choice made in this case is a wise and judicious one. Give your decision on the appeal of “X” from the Rector’s denial of “X’s” application. Cruz Paño. implicit in Art. Faculty of Admission. Ill. all things being equal. violative of the Equal Protection Clause (Art. On the other hand. and justifies the decision of the Rector in this case. (1987 Bar Question) C. or Constitutional provisions in support of the Rector’s denial of the motion for reconsideration. Despite the economic advantage and opportunity he had. Page 155 of 445 Political and Public International Law . 135 SCRA 706 (1985). A. XIII. XIV. (B) so long as it remains relevant to the government.

1) In the United States. like classifications based upon race.S. 83 U. Cleary. and must therefore be subjected to strict judicial scrutiny. Page 156 of 445 Political and Public International Law . 411 U. recent decisions have invalidated statutes or regulations providing for differential treatment of females based on nothing stereotypical and inaccurate generalizations. while denying the same right to a servicewoman unless her husband was in fact dependent on her for over one half of his support.S. (Frontierro v.S. She applied in January 1986 to take examination for marine officers but her application was rejected for the reason that the law Regulating the Practice of Marine Profession in the Philippines (Pres. daughter of a sea captain and sister to four marine officers decided as a child to follow in her father’s footsteps.S. 464 (1948) and denying to women the right to practice law (Bradwell v. Explain briefly. In time she earned a Bachelor of Science degree in Marine Transportation. Dec. 97 (1973)) specifically prescribes that “No person snail be qualified for examination as marine officer unless he is: Marina feels very aggrieved over the denial and has come to you for advice. State. She wants to know: (1987 Bar Question) Whether the Board of Examiners had any plausible or legal basis for rejecting her application in 1986.tending unless she was the wife or daughter of a male owner (Goesart v. 687 (1973). But to become a full- fledged marine officer she had to pass the appropriate board examinations before she could get her professional license and registration. are inherently suspect. regardless of whether the wife is actually dependent on him. IV. Reed v. Marina Neptunia. Accord Craig. No. In her growing up years she was as much at home on board a boat as she was in the family home by the sea. while earlier decisions of the Supreme Court upheld the validity of a statute prohibiting women from bar. SUGGESTED ANSWER: The disqualification of females from the practice of marine profession constitutes as individious discrimination condemned by the Equal Protection Clause of that Constitution (Art. the Court invalidated a statute permitting a male serviceman to claim his spouse as a dependent to obtain increased quarter allowance. 404 U.S. Reed. v. The Court held that “classification based on sex. Explain and cite relevant provisions. major in Navigation and Seamanship. 71 (1971) (preference given to men over women for appointment as administrators of estates invalid). or national origin. alienage. 335 U. She served her apprenticeship for a year in a merchant marine vessel registered for foreign trade and another year on a merchant marine vessel registered for coastwise trade. under a similar provision. 190 (1976) (providing for sale of beer to males under 21 and to females under 18). 429 U. (16 Wall) 130 (1873). Whether the 1987 Constitution guarantees her the right to admission to take the coming January 1988 marine officers examinations. Sec. Richardson. Boren.” Accordingly.

239 F Supp 118. in United States ex rel. The Director informed him he has to serve an additional prison term at the rate of one day per eight pesos in accordance with Article 39 of the Revised Penal Code.S. (1989 Bar Question) SUGGESTED ANSWER: The petition should be granted. because it does not contain any standard to guide the mayor in the exercise of the power granted to him by the ordinance. part- time or full-time. The same among it. because the punishment should be tailored to fit the individual. 14). Sec. On the other hand. Thus. 401 U. because economic status cannot serve as a valid basis for distinguishing the duration of the imprisonment between a convict who is able to pay the fine and a convict who is unable to pay it. “X” was sentenced to a penalty of 1 year and 5 months of prision correccional and to pay a fine of P8. Is the ordinance valid? (1989 Bar Question) SUGGESTED ANSWER: No. being an indigent. In addition to the Equal Protection Clause. Kross.000. the 1987 Constitution now requires the State to “ensure the fundamental equality before the law of women and men” (Art II. These provisions put in serious doubt the validity of PD 97 limiting the practice of marine profession to males. “X” asked the Director of Prisons whether he could already be released. 86 SCRA 270. in the city to secure an employment permit from the City Mayor and to pay a work permit fee of P500. it was held that the imposition of subsidiary imprisonment for inability to pay a fine does not violate equal protection.000. Sec. 14) and to provide them with “such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. the ordinance is not valid. 395. because Article 39 of the Revised Penal Code is unconstitutional.00.00. Decide. whether he is casual or permanent. Privitera vs. The ordinance also violates due process. In Tate vs. An ordinance of the City of Manila requires every alien desiring to obtain employment of whatever kind. “X” was asked to pay the fine of P5. In Villegas vs. XIII. it was held that such an ordinance violates equal protection. Hiu Chiong Tsai Pao Ho. it confers upon him unrestricted power to allow or prevent an activity which is lawful per se. Short. being collected from every employed alien.” (Art. including casual and part-time employment.00 and he said he could not afford it. Page 157 of 445 Political and Public International Law . the United States Supreme Court held that imposition of subsidiary imprisonment upon a convict who is too poor to pay a fine violates equal protection. It failed to consider the valid substantial differences among the aliens required to pay the fee. The lawyer of “X” filed a petition for habeas corpus contending that the further incarceration of his client for unpaid fines violates the equal protection clause of the Constitution. After serving his prison term. with subsidiary imprisonment in case of solvency.

” (E) a law that grants rights to local Filipino workers but denies the same rights to overseas Filipino workers. For a classification to be valid.5%. 333 SCRA 13) 7. 2. Bangko Sentral ng Pilipinas. however. The equal protection clause is violated by ______________. [2004]).S. v.R. poor women in his city lost their access to affordable family planning programs. (1%) 2013 BAR EXAMS (A) a law prohibiting motorcycles from plying on limited access highways. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception. Private clinics. June 1. including condoms. 2000. Explain briefly. This ruling was adopted by the Illinois Supreme Court in People vs. State whether or not the law is constitutional. Warrant requirement Page 158 of 445 Political and Public International Law . 31 ALR3d 920. Equal protection applies even to aliens. Williams. Quisumbing. Inc. intrauterine devices and surgical sterilization. it must apply to all those belonging to the same class (Central Bank Employees Association. Searches and seizures 1. and the United States Supreme Court denied the petition for certiorari in 382 U. The prohibition should have applied to all aliens.” (C) a law providing that a policeman shall be preventively suspended until the termination of a criminal case against him. The City Mayor issues an Executive Order declaring that the city promotes responsible parenthood and upholds natural family planning. As a result. pills.r A law prohibiting Chinese citizens from engaging in retail trade. because it violates the guarantee of equal protection of the laws found in the Bill of Rights (Section 1. Article III of the Constitution). (2006 Bar Question) SUGGESTED ANSWER: A law prohibiting Chinese citizens from engaging in retail trade is unconstitutional. 128845. and equal protection does not compel the eradication of every disadvantage caused by indigence. continue to render family planning counsel and devices to paying clients. 446 SCRA 299. SUGGESTED ANSWER: International School Alliance of Educator’s v. (B) a law granting Value Added Tax exemption to electric cooperatives that sells electricity to the “homeless poor. The decision was affirmed by the United States Circuit Court of Appeals in 345 F2d 533. (D) a law providing higher salaries to teachers in public schools who are “foreign hires. It singled out Chinese citizens and did not include other aliens although they are similarly situated. Concept 2. 911. G.

the team leader flagged down the vehicle which was driven by Hades. Is the search valid? (2011 BAR) (A) No. Thus. Drug. Requisites 3. Hades went to the Supreme Court claiming that his constitutional right against unreasonable searches and seizures was violated when the police officers searched his vehicle without a warrant. the man did not manifest any suspicious behavior that would give the police sufficient reason to search him. The mere passive silence of Hades did not constitute consent to the warrantless search (Caballes v. he is entitled to an acquittal. When they saw a man who fitted the description walking from the apartment to his car. Warrantless arrests 5. (B) Yes. For its part. a. the police conducted a surveillance of the area indicated. Whose claim is correct? Explain. The police officers then lifted the banana leaves and saw several boxes. the police acted on reliable information which proved correct when they searched the man and his car. that the shabu confiscated from him is thus inadmissible in evidence. There was no probable cause to search the van. On appeal. a team of police officers was on routine patrol in Barangay Makatarungan when it noticed an open delivery van neatly covered with banana leaves. Using the description of the supplier of shabu given by persons who had been arrested earlier for selling it. It was discovered only after they opened the boxes. he was convicted by the trial court. He inquired from Hades what was loaded on the van. Hades just gave the police officer a blank stare and started to perspire profusely. The People adverts to the fact that Hades did not offer any protest when the police officers asked him if they could look inside the vehicle. In his final bid for exoneration. CA. After due proceedings. and that there being no evidence against him. the Court of Appeals affirmed his conviction. The shabu was not immediately apparent. The police officers then told Hades that they will look inside the vehicle. Hades was charged with illegal possession of illegal drugs. Warrantless searches 4. 373 SCRA 221 [2002]). the People of the Philippines maintains that the case of Hades involved a consented warrantless search which is legally recognized. The search yielded an unlicensed gun tucked on his waist and shabu in his car. (2015 BAR) Answer: The warrantless search was illegal. Administrative arrests 6. Hades did not make any reply. Page 159 of 445 Political and Public International Law . they approached and frisked him and he did not object. They opened the boxes and discovered several kilos of shabu inside. any evidence obtained in the course thereof is admissible in evidence. Believing that the van was loaded with contraband. alcohol and blood tests Around 12:00 midnight.

the rule on warrantless search of moving vehicle does not allow arbitrariness on the part of the police. (C) Yes. Cebu City. The officer asked the driver to step out and he did. the police acted based on reliable information and the fact that an officer saw the driver carrying a gun. a Warrant of Seizure and Detention against the corporation for the seizure of the electronic equipment. the Collector of Customs of Cebu issued. contends that he is authorized under the Tariff and Custom Code to order the seizure of the equipment whose duties and taxes were not paid Page 160 of 445 Political and Public International Law . When an officer looked inside the car. When the driver stopped and lowered his window. The warrant was served and implemented in the afternoon of 2 January 1988 by Customs policemen who then seized the described equipment. only a judge may issue a search warrant. enjoin the Collector and his agents from further proceeding with the forfeiture hearing and to secure the return of the confiscated equipment. the man should be deemed to have waived his right to challenge the search when he failed to object to the frisking. absent any proof beyond reasonable doubt that the man was actually committing an offense. Makati City.. he saw many tablets strewn on the driver's seat. a hearing officer in the Office of the Collector of Customs conducted a hearing on the confiscation of the equipment. An informer told the police that a Toyota Car with plate ABC 134 would deliver an unspecified quantity of ecstacy in Forbes Park. (B) Yes. The following day. pursuant to Section 2 of Article III of the 1987 Constitution. will not validate the search. the police officers had the duty to verify the truth of the information they got and pursue it to the end. prohibition and mandamus to set aside the warrant. reliable information alone. the corporation filed with the Supreme Court a petition for certiorari. in the morning of 2 January 1988. (D) No. the Collector of Customs. (C) Yes. through the Office of the Solicitor General. The officers whom the police sent to watch the Forbes Park gates saw the described car and flagged it down. In his comment to the petition. an officer saw a gun tucked on the driver's waist. The warrant particularly describes the electronic equipment and specifies the provisions of the Tariff and Customs Code which were violated by the importation. (D) No. Two days thereafter. The inventory of the seized articles was signed by the Secretary of the Tikasan Corporation. alleging therein that the warrant issued is null and void for the reason that. Is the search valid? (2011 BAR) (A) No. The driver admitted they were ecstacy. were found in the bodega of the Tikasan Corporation located at 1002 Binakayan St. On the basis of a verified report and confidential information that various electronic equipment. police officers do not have unbridled discretion to conduct a warrantless search of moving vehicles. which were illegally imported into the Philippines.

Berdiago. The team saw a man with reddish and glassy eyes walking unsteadily towards them. At the trial. 1866. 17-A Speaker Perez St. Ernani Pelets was criminally charged in court with illegal possession of firearms and ammunition as penalized under P. Is Mr. owned by Mr. for a reported cache of firearms and ammunition. There. if the place searched is different from that stated in the search warrant. the policemen proceeded to a smaller house inside the same compound with address at No. 73 SCRA 553. customs officials are authorized to enter any warehouse. the police found nothing. upon thorough search of the house. Ernani Pelet's contention valid or not? Why? (5%) (2001 Bar Question) SUGGESTED ANSWER: The contention of Ernani Pelet is valid. as amended by R. Pelets who happened to be the same owner of the first house. acting on a hunch.A. and that the corporation did not exhaust administrative remedies. As held in People vs. 2205 and 2208 of the Tariff and Customs Code. Ernani Pelets. Then. and conducted a search therein over the objection of Mr. Court of Appeals. Under Secs. Armed with a search and seizure warrant. not used as dwelling. 291 SCRA 400 (1993). Because the man refused to answer. As stated in Viduya vs. (1991 Bar Question) SUGGESTED ANSWER: The petition should not be granted. 8294. he vehemently objected to the presentation of the evidence against him for being inadmissible.D.. entered it. a policeman pried the fist open and saw a plastic sachet filled with crystalline Page 161 of 445 Political and Public International Law . a team of policemen led by Inspector Trias entered a compound and searched the house described therein as No. the police found the unlicensed firearms and ammunition they were looking for. Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery where the sale and use of prohibited drugs were rumored to be rampant. Sta. The policeman cannot modify the place to be searched as set out in the search warrant. The team approached the man. However. but he immediately veered away upon seeing the policemen. for the purpose of seizing any article which is subject to forfeiture. As a result. Should the petition be granted? Decide. 17 Speaker Perez St.. then asked what he had in his clenched fist. introduced themselves as peace officers. For this purpose they need no warrant issued by a court. Mesa Heights. Mr. Quezon City. the evidence seized is inadmissible. for centuries the seizure of goods by customs officials to enforce the customs laws without need of a search warrant has been recognized.

The search preceded his arrest (People v. He was walking unsteadily. substance. Court of Appeals. (2%) Decide with reasons. The search team found and seized the murder weapon in a drawer of “X”. he could be arrested without the need for a warrant (Manalili v. Tudtud. There was no overt act or suspicious circumstances that would indicate that he was committing a crime. 280 SCRA 400 [1997]). He was brought to Manila where a warrantless search was conducted in his official quarters at Camp Crame. During the trial. The man was accordingly charged in court. (2%) and (2009 Bar Question) SUGGESTED ANSWER: The warrantless arrest of the accused was valid. Can “X” claim that the search and seizure were illegal and move for exclusion from evidence of the weapon seized? Explain. the accused: Challenged the validity of his arrest. The policemen had sufficient reason to stop him and investigate if he was high on drugs. Tudtud. 280 SCRA 400 [1997]). (1987 Bar Question) Page 162 of 445 Political and Public International Law . because they preceded the arrest and were not incidental to the arrest. Since the investigation showed that the accused was in possession of shabu. 412 SCRA 142 [2003]). ALTERNATIVE ANSWER: The warrantless arrest of the accused was void. The team then took the man into custody and submitted the contents of the sachet to forensic examination. the shabu is admissible in evidence (Manalili v. (2009 Bar Question) SUGGESTED ANSWER: Since the search and seizure of the shabu were incidental to a valid warrantless arrest. 412 SCRA 142 [2003]). ALTERNATIVE ANSWER: The search and seizure were illegal. Court: of Appeals. The shabu confiscated as a result thereof is inadmissible in evidence (People v. Objected to the admission in evidence of the prohibited drug. The eyes of the accused were reddish and glassy. was arrested pursuant to a lawful court order in Baguio City for murder. The crystalline substance in the sachet turned out to be shabu. The cemetery was rumored to be a place where the sale of drugs was rampant. claiming that it was obtained in an illegal search and seizure. ”X” a Constabulary Officer. veered away from the policemen upon seeing them. and refused to say what was in his clenched fist.

was valid. In what scenario is an extensive search of moving vehicles without warrant valid? (2011 BAR) (A) The police became suspicious on seeing something on the car’s back seat covered with blanket. Crack officers of the Anti -Narcotics Unit were assigned on surveillance of the environs of a cemetery where the sale and use of dangerous drugs are rampant. It held that a warrantless search is limited to the search of the person of the arrestee at the time and incident to his arrest and for dangerous weapons or anything which may be used as proof of the offense. SUGGESTED ANSWER: Yes. 395 U. As he kept mum. Rule on the objection. requires that all facts as to the condition of the property and its surroundings and its improvements and capabilities must be considered. A contrary rule would justify the police in procuring a warrant of arrest and. (Chimel v. (B) The police suspected an unfenced lot covered by rocks and bushes was planted to marijuana. A man with reddish and glassy eyes was walking unsteadily moving towards them but veered away when he sensed the presence of policemen. made after 30 minutes from the time of arrest. the accused objected to the admission in evidence of the dangerous drug because it was the result of an illegal search and seizure. a dangerous drug. Accordingly charged in court. (D) The driver sped away in his car when the police flagged him down at a checkpoint. not only arrest the person but also search his dwelling. (C) The police became suspicious when they saw a car believed to be of the same model used by the killers of a city mayor. in a place several blocks away from the place of arrest. introduced themselves as police officers and asked him what he had clenched in his hand. (3%) (2000 Bar Question) What are the instances when warrantless searches may be effected? (2%) (2000 Bar Question) Page 163 of 445 Political and Public International Law . 147 SCRA 509 (1987). “X” can do so. and this can only be done in a judicial proceeding. the Supreme Court reconsidered its previous decision holding that a warrantless search. The warrantless search cannot be justified as an incident of a valid arrest. and because the distance between the place of arrest and the place of search negates any claim that the place searched is within his “immediate control'’ so as to justify the apprehension that he might destroy or conceal evidence of crime before a warrant can be obtained. Cruz Paño. and. California. by virtue thereof. the policemen pried his hand open and found a sachet of shabu. because considerable time had elapsed after his arrest in Baguio before the search of his quarters in Camp Crame.S. They approached him. 752 (1969) ) in Nolasco v. Quezon City was made.

Burger.Stop and frisk (People u. 606 [1977]). .Searches of prohibited articles in plain view. A warrantless search maybe effected in the following cases: . the caretaker allowed him.Searches incidental to a lawful arrest.Routine searches at borders and ports of entry (United States v. a neighbor. it could be seized without the need for a search warrant. He inquired with the caretaker as to who owned the motorcycle. SUGGESTED ANSWER: The objection is not tenable.Consented searches. After a few seconds. Damaso. In accordance with Manalili v. POI Nuval insisted on getting inside the garage. Ines Street inside the exclusive village. . Out of fear. 691 [1987/). It was not made as an incident to a lawful warrantles arrest.) The caretaker had no authority to waive the right of the brothers Pilo and Ramon Maradona to waive their right against an unreasonable search and seizure. Court of Appeals. Montilla. 285 SCRA 703 [1998]). 344 SCRA 663 [2000]. POI Nuval took 2 ski masks and 2 bats beside the motorcycle. Ramsey. The following day. . (People v.) Johann learned that the police were looking for him in connection with the rape of an 18-year old girl.S. . Since shabu was actually found during the investigation. since the accused had red eyes and was walking unsteadily and the place is a known hang-out of drug addicts. (People v. (People v. the rape victim was in the Page 164 of 445 Political and Public International Law . 321 SCRA 459 [1999]. POI Nuval saw the motorcycle parked in the garage of a house at Sta. and . he heard B shouting. A witnessed two hooded men with baseball bats enter the house of their next door neighbor B.Enforcement of customs law. Coincidentally.) The warrantless seizure of the ski masks and bats cannot be justified under the plain view doctrine. 212 SCRA547 [1992]. Baula.Searches of businesses in the exercise of visitorial powers to enforce police regulations (New York u. .S. the police officers had sufficient reason to stop the accused and to frisk him. The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. Then Asaw the two hooded men hitting B until the latter fell lifeless. .Searches of moving vehicles. Bolasa. (4%) (2009 Bar Question) SUGGESTED ANSWER: The warrantless search and the seizure was not valid. Was the search valid? What about the seizure? Decide with reasons. 280 SCRA 400 (1997). He went to the police station a week later and presented himself to the desk sergeant. because they were seized after an invalid intrusion into the house. A reported the incident to POI Nuval. 482 U. "Huwag Pilo babayaran kita agad. The assailants escaped using a yellow motorcycle with a fireball sticker on it toward the direction of an exclusive village nearby. 431 U.

5 (a) of the 1985 Rules of Criminal Procedure authorizing warrantless arrests. but nothing serves to dispel his reasonable fear for his own or other’s safety. OHIO. Johann through counsel. were placed in a police line-up and the girl pointed to him as the rapist. Such search is constitutionally permissible and is known as a: (2012 BAR EXAMS) a. it cannot be deemed to be a crime which “has just been committed". (1993 Bar Question) SUGGESTED ANSWER: Yes. along with six (6) other suspects. b. sec. 5 (b) which allows an arrest without a warrant to be made when a crime has in fact Just been committed and the person making the arrest has personal knowledge of facts indicating that the person to be arrested committed it. and thus. 206 SCRA 138. Johann. Nor did the police officers who arrested him have personal knowledge of facts indicating that Johann raped his neighbor. premises executing an extrajudicial statement. stop and detain. Court of Appeals. his case does not fall under the instances in Rule 113.S. c. (2%) (2012 BAR EXAMS) Page 165 of 445 Political and Public International Law . Johann was charged with rape in court but prior to arraignment invoked his right to preliminary investigation. Since Johann was arrested a week after the alleged rape. the warrantless arrest of Johann was not in accordance with law. he is entitled to conduct a carefully limited search of the outer clothing of such persons for weapons. After the prosecution presented several witnesses. Neither can it be considered an arrest under Rule 113 sec. stop and frisk.I When can evidence "in plain view" be seized without need of a search warrant? Explain. Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and dangerous and he identifies himself and makes reasonable inquiries. Johann now files a petition for certiorari before the Court of Appeals arguing that: His arrest was not in accordance with law. d. SUGGESTED ANSWER: (B) TERRY VS. which was denied outright by the judge. This was denied by the Judge. As held in Go v. since they were not present when Johann had allegedly raped his neighbor. stop and interrogate. trial proceeded. It cannot be considered a valid warrantless arrest because Johann did not commit a crime in the presence of the police officers. Decide. stop and search. invoked the right to bail and filed a motion therefor. Johann was arrested and locked up in a cell. 392 U.

there is no need for a warrant either for the seizure of the goods or for the arrest of the offender. Under these circumstances: (2012 BAR EXAMS) a. the offender can be arrested but there is a need for a separate warrant for the seizure of the goods. d. there is a need for an administrative but not a judicial warrant for seizure of goods and arrest of the offender. He was made to sign a receipt for the packages. SUGGESTED ANSWER: Evidence in plain view can be seized without need of a search warrant if the following elements are present. The method is for an officer to pose as a buyer. and in the presence of agents. The offense happens right before the eyes of the officer. the manager made an opening on one of the packages and took several grams of the contents thereof. He took the packages to the NBI. The evidence must be immediately apparent. the "seller" has already decided to commit a crime. The evidence was inadvertently discovered by the police who had the right to be where they were: 3. neither instigates nor induces the accused to commit a crime because in these cases. SUGGESTED ANSWER: (c) PEOPLE VS BOHOL. opened the attache case and saw packages which had a peculiar smell and upon squeezing felt like dried leaves. opened the packages. 560 SCRA 232 Larry was an overnight guest in a motel. People. there is need for a warrant for the seizure of the goods and for the arrest of the offender. to determine the name and address of the owner. the contents of which upon laboratory examination. After he checked out the following day. brought to the NBI Office where he admitted ownership of the attache case and the packages. Larry was charged in court for Page 166 of 445 Political and Public International Law . There was a prior valid intrusion based on the valid warrantless arrest in which the police were legally present pursuant of their duties. turned out to be marijuana flowering tops. 2. b. however. He. and 4. the chambermaid found an attache case which she surmised was left behind by Larry. She turned it over to the manager who. Larry was subsequently found. 358 scra 372) It is form of entrapment. 1. (del rosario vs. His curiosity aroused. Plain view justified seizure of the evidence without further search. c.

while looking through an open window with a flashlight. the Supreme Court held that checkpoints may be set up to maintain peace and order for the benefit of the public and checkpoints are a security measure against unauthorized firearms. SUGGESTED ANSWER: On the assumption that the issues were timely raised. the firearms are admissible in evidence. the answers are as follows: The packages are admissible in evidence. The drugs were found after a more extensive search of Page 167 of 445 Political and Public International Law . (1993 Bar Question) Decide. the drugs cannot be used in evidence against Antonio if he is prosecuted for possession of prohibited drugs. was charged for violation of the firearms ban. 80 Phil. The one who opened the packages was the manager of the motel without any interference of the agents of the National Bureau of Investigation. prohibited drugs were found inside the various compartments of Antonio’s car. partially covered by papers and clothes a) Antonio. As held in People vs. During the recent elections. 770. Yes. Palacio. Since they were found in plain view in the course of a lawful search. they are admissible in evidence. because they were validly seized. On appeal. Because of the ban on firearms. he now poses the following issues: The packages are inadmissible in evidence being the product of an illegal search and seizure. Are the firearms admissible in evidence against him? Explain. De Villa. checkpoints were set up to enforce the election period ban on firearms. In Valmonte vs. the possession of the firearms was prohibited. in accordance with the decision in Magoncia vs. During one such routine search one night. He was convicted. possession of prohibited drugs. (1992 Bar Question) b) If upon further inspection by the police. owner and driver of the car in question. No. 178 SCRA 211 and 185 SCRA 665. b. it was reasonable. can the drugs be used in evidence against Antonio if he is prosecuted for possession of prohibited drugs? Explain. the constitutional right against unreasonable searches and seizures refers to unwarranted intrusion by the government and does not operate as a restraint upon private individuals. (1992 Bar Question) SUGGESTED ANSWER: a. Marti 193 SCRA 57. the police saw firearms at the backseat of a car. Since the search which resulted in the discovery of the firearms was limited to a visual search of the car.

As held in Valmonte us. the police operatives may lawfully seize the cocaine. 80 Phil. there was no probable cause. because it is an item whose possession is prohibited by law. De Villa. 10 Shaw Boulevard. for such a search to be valid. Article III of the 1987 Constitution provides: “Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. instead of firearms. In this case. for this provision to apply. 770. Some police operatives. As held in Magoncia v. Section 12(1). The possession of cocaine is prohibited by Section 8 of the Dangerous Drugs Act. Metro Manila. Suppose the peace officers were able to find unlicensed firearms in the house in an adjacent lot. May they lawfully seize the said unlicensed firearms? Explain your answer. there must be a probable cause. Palacio. No. 1. when an individual possesses contraband (unlicensed firearms belong to this category). X cannot successfully challenge the legality of the search simply because the peace officers did not inform him about his right to remain silent and his right to counsel. (1990 Bar Question) SUGGESTED ANSWER: (1) Yes.” As held in People v. (3) The unlicensed firearms stored at 12 Shaw Boulevard may lawfully be seized since their possession is illegal. Palacio. As held in Magoncia v. 12 Shaw Boulevard. an article whose possession is prohibited by law may be seized without the need of any search warrant if it was discovered during a lawful search. it was in plain view and it was only inadvertently discovered in the course of a lawful search. The additional requirement laid down in Roan v. 158 SCRA 111. May X successfully challenge the legality of the search on the ground that the peace officers did not inform him about his right to remain silent and his right to counsel? Explain your answer. 145 SCRA 687 that the discovery of the article must have been made inadvertently was also satisfied in this case. acting under a lawfully issued warrant for the purpose of searching for firearms in the House of X located at No. a suspect must be under investigation. There was no investigation involved in this case. (2) No. 185 SCRA 665. Dy. Gonzales. he is Page 168 of 445 Political and Public International Law . which is also owned by X. ten kilograms of cocaine. that is. the various compartments of the car. (1990) 2. May the said police operatives lawfully seize the cocaine? Explain your answer. found. as there was nothing to indicate that Antonio had prohibited drugs inside the compartments of his car. 80 Phil. 770. Pasig. (1990) 3.

United States. Sy Juco. Was the search without warrant legal? (1989 Bar Question) SUGGESTED ANSWER: No. A 19-year old boy. which searches have been upheld. As held in Almeda Sanchez vs. committing a crime and he can be arrested without a warrant and the contraband can be seized. since the police agents are confronted with large-scale smuggling of prohibited drugs. there must still be probable cause. Villareal. in the same way that of in a neighborhood a child is kidnapped. they can set up checkpoints at strategic places. In the case in question. 42 Phil. Without any objection from him. and the search yielded marijuana leaves hidden in the trunk compartment of the car. 266. the Southern Luzon Command set up checkpoints at the end of the Cavite coastal road to search passing motor vehicles. (Papa vs. The search warrant described the articles to be seized as firearms in the house of X located at 10 Shaw Boulevard. In this one. The prohibited drug was promptly seized. “X” was charged with murder. 886 and People v. it is lawful to search cars and vehicles leaving the neighborhood or village: This situation is also similar to warrantless searches of moving vehicles in customs area. who finished fifth grade. 144 SCRA 1. 413 U. Pursuing reports that great quantities of prohibited drugs are being smuggled at nighttime through the shores of Cavite. 22 SCRA 857 (1968). As ruled in People vs. SUGGESTED ANSWER: In accordance with the rulings in Uy Keytin v. his car was inspected. 667.S. the search was not valid. and the boy was brought to the police station for questioning. During his trial. the prosecution introduced as evidence a letter written in prison by “X” to his wife tending to Page 169 of 445 Political and Public International Law . was stopped by the authorities at the checkpoint. the unlicensed firearms found in the house at 12 Shaw Boulevard may not be lawfully seized. The requirement of probable cause differs from case to case. “X” stabbed dead one of his guards. existence of which is of public knowledge. the failure to object to a warrantless search does not constitute consent. there was nothing to indicate that marijuana leaves were hidden in the trunk of the car. since they were not included in the description of the articles to be seized by virtue of the search warrant. The mere fact that the boy did not object to the inspection of the car does not constitute consent to the search. Burgos. especially in the light of the fact. 64 Phil. SUGGESTED ANSWER: Yes. While serving sentence in Muntinlupa for the crime of theft. Mago. The rule is based on practical necessity. while driving. while a moving vehicle can be searched without a warrant. because there was no probable cause for conducting the search.

Hence.S. The lawyer of “X” objected to the presentation of the letter and moved for its return on the ground that it violates the right of “X” against unlawful search and seizure. United States. it was opened and read by a warden pursuant to the rules of discipline of the Bureau of Prisons and considering its contents. 15 is not applicable here. because Section 3(1). the United States Supreme Court held that letters voluntarily written by a prisoner and examined by the warden which contained incriminatory statements were admissible in evidence. it was held that the constitutional prohibition against illegal searches and seizures does not extend to the confines of the prison. the letter was turned over to the prosecutor. to interfere with any correspondence when there is no court order. Under Section'3(1). Article III of the 1987 Constitution.” “The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. This is an established practice reasonably designed to promote discipline within the penitentiary. there must be a law authorizing it in the interest of public safety or order. 517. Page 170 of 445 Political and Public International Law . Article III of the 1987 Constitution. In the course of inspection. The ruling of the United States Supreme Court in the case of Stroud vs. establish that the crime of murder was the result of premeditation. or when public safety or order requires otherwise as prescribed by law. In Stroud vs. United States.S. Their inspection by the prison authorities did not violate the constitutional prohibition against illegal searches and seizures. Article III of the 1987 Constitution has no counterpart in the American Constitution. or when public safety or order requires otherwise as prescribed by law. the letter is inadmissible in evidence. Section 3(1). SUGGESTED ANSWER: The objection of the lawyer must be overruled.” There was no court order which authorized the warden to read the letter of “X”. in accordance with Section 3(2). 468 U. Decide. In Hudson vs. 251 U. The letter was written voluntarily. 251 U. 15.S. Neither is there any law specifically authorizing the Bureau of Prisons to read the letter of “X”. Palmer. (1989 Bar Question) SUGGESTED ANSWER: The objection of the lawyer must be sustained. Article IV of the 1987 Constitution provides: “The privacy of communication and correspondence shall be inviolable except upon lawful order of the court.

the evidence must be obtained by: a. since it was not the National Bureau of Investigation but the bus conductor who opened the bag and brought it to the National Bureau of Investigation. F. Writ of habeasdata Under Article III. Private and public communications 2. an employee of the Manila Hotel who produced in court a videotape recording Page 171 of 445 Political and Public International Law . He brought the powdery substance to the National Bureau of Investigation for laboratory examination and it was determined to be methamphetamine hydrochloride or shabu. the prosecution presented. When the conductor opened the bag. private individuals acting on orders of superiors. and without the presence and assistance of counsel. Privacy of communications and correspondence 1. former high government officials. a few hundred peso bills. the constitutional right against unreasonable search and seizure is a restraint upon the government. In the course of the interrogation by NBI agents. Section 2 of the Bill of Rights. One day a passenger bus conductor found a man's handbag left in the bus. b. when allowed 3. Galang was made to sign a receipt for the plastic bag and its shabu contents. (3%) and Decide the case with reasons. to come under the exclusionary rule. which provides for the exclusion of evidence that violate the right to privacy of communication and correspondence. government agents. and a small plastic bag containing a white powdery substance. In a criminal prosecution for murder. he found inside a calling card with the owner’s name (Dante Galang) and address. as witness. a prohibited drug. Dante Galang was subsequently traced and found and brought to the NBI Office where he admitted ownership of the handbag and its contents. It does not apply so as to require exclusion of evidence which came into the possession of the Government through a search made by a private citizen. Marti. private individuals acting on their own. Intrusion. On appeal he contends that – The plastic bag and its contents are inadmissible in evidence being the product of an illegal search and seizure. 193 SCRA 57 (1991). d. As held in People v. Galang was charged with illegal possession of prohibited drugs and was convicted. (2002 Bar Question) SUGGESTED ANSWER: The plastic bag and its contents are admissible in evidence. c.

showing the heated exchange between the accused and the victim that took place at the lobby of the hotel barely 30 minutes before the killing. Resolve the objection with reasons. An official in the Executive Department cannot interfere with the privacy of correspondence and communication in the absence of a law authorizing him to do so or a lawful order of the court. (3%) (2010 Bar Question) SUGGESTED ANSWER: The objection should be overruled. The Chief of Police of Bantolan. Was the order of the Chief of Police valid? [5%] (1998 Bar Question) SUGGESTED ANSWER: No. and recording of private communications. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent. in violation of his right to privacy and the Anti- Wire Tapping law. "A" conspired with his friend "C". The police had suspicions that Juan Samson." The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when (2011 BAR) (A) public safety or public health requires otherwise as prescribed by law. was using the mail for propaganda purposes in gaining new adherents to its cause. or when public safety or order requires otherwise as prescribed by law. because there is no law which authorizes him to order the Postmaster to open the letters addressed to and coming from Juan Samson. intercepting. "A" has a telephone line with an extension. (B) dictated by the need to maintain public peace and order. Since the exchange of heated words was not private. Article III of the Constitution provides: "The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. Section 3(1). (D) public safety or order requires otherwise as determined by the President. Court of Appeals. who was at the end of the extension line listening to "A's" telephone conversation with "B" in order to overhear and tape-record the conversation wherein "B" confidentially admitted Page 172 of 445 Political and Public International Law . 313 SCRA 153 [1999]). its videotape recording is not prohibited (Navarro v. (C) public safety or order requires otherwise as prescribed by law. One day. the order of the Chief of Police is not valid. "A" was talking to "B" over the telephone. member of the subversive New Proletarian Army. What the law prohibits is the overhearing. Lanao del Sur ordered the Postmaster of the town to intercept and open all mail addressed to and coming from Juan Samson in the interest of the national security.

Atty. Santos was inexperienced. inadmissible in evidence. Was the NBI correct in dismissing Atty. Court of Appeals. admissible in evidence? (5%) (2005 Bar Question) SUGGESTED ANSWER: Since Atty. Enclosed in the letter was a check for P50. that with evident premeditation. Barroso. the National Bureau of Investigation had no authority to dismiss him. the NBI dismissed Atty. Sahagun. incompetent and inattentive. Emilio then dismissed Alvin from his employment. In the criminal case against "B" for murder. Barroso. Advised of his rights. Barrosa is not admissible in evidence if the person he visited is connected with the National Bureau of Investigation. but he had no proof. made with the assistance of Atty.recorded. Santos. 204 SCRA 719 (1991)]. Mariano assailed the investigation claiming that he was deprived of counsel of his choice. Jimenez . Emilio's proof of Alvin's perfidy are the said letter and check which are objected to as inadmissible for Page 173 of 445 Political and Public International Law . is the tape. 235 SCRA 111 (1994). [People v. Santos was chosen by Mariano himself. Article m of the Constitution. Emilio broke open the desk of Alvin and discovered a letter wherein Randy thanked Alvin for having passed on to him vital trade secrets of Emilio. the taping of the conversation violated the guarantee of privacy of communications enunciated in Section 3. As held in Salcedo- Ortanez vs. a bar topnotcher who was in the premises visiting a relative. Randy. One day. his employee.00 drawn against the account of Randy and payable to Alvin. The statement of Mariano made with the assistance of Atty. he (B) killed "D" for having cheated him in their business partnership. In addition. Mariano was arrested by the NBI as a suspect in the shopping mall bombings. Santos. [People v. Barroso ably assisted Mariano when the latter gave a statement. Mariano asked for the assistance of his relative. 4200 makes the tape-recording of a telephone conversation done without the authorization of all the parties to the conversation. the National Bureau of Investigation should have stopped the investigation. Atty. Atty. "B" was not aware that the telephone conversation was being tape.000. Santos. Republic Act No. and appointing Atty. The NBI noticed that Atty. Appointed in his place was Atty. Emilio had long suspected that Alvin. However. Deeming him unsuited to protect the rights of Mariano. If he was incompetent. Barroso is not of Mariano’s own choice. Barroso in his stead? Is Mariano’s statement. had been passing trade secrets to his competitor.recorded conversation containing his admission admissible in evidence? Why? (5%) (2001 Bar Question) SUGGESTED ANSWER: The tape-recorded conversation is not admissible in evidence. 274 SCRA 208 (1997)].

the letter is inadmissible as evidence against Alvin. the prohibition is unconstitutional. Commercial speech 7. having been obtained through an illegal search. It is also overbroad. Ownership of property includes the right to use. Content-based and content-neutral regulations a. and limit their location only to the authorized posting areas that the COMELEC itself fixes? Explain. which cannot be justified. Alvin filed a suit assailing his dismissal. Prior restraint (censorship) b. (2003 Bar Question) SUGGESTED ANSWER: According to Adionq v. 253 SCRA 699 (1996) G. Tests 5. State regulation of different types of mass media 6. government speech 8. The letter was seized without a lawful court order. Rule on the admissibility of the letter and check. public or private. 207 SCRA 712 [1992]. because the constitutional prohibition against unreasonable searches and seizures is a restraint upon the government and not upon private parties. Page 174 of 445 Political and Public International Law . as required by Section 3(1). Private vs. because it encompasses private property and constitutes deprivation of property without due process of law. Applications 3. Commission on Elections. Subsequent punishment 2. Concept and scope a. The prohibition is censorship. because the constitutional provision declaring that the privacy of communication and correspondence is inviolable is applicable to private parties. Heckler's veto May the Commission on Elections (COMELEC) prohibit the posting of decals and stickers on “mobile” places. Court of Appeals. Freedom of expression 1. Zulueta v. National Labor Relations Commission. Tests b. Facial challenges and the overbreadth doctrine 4. such as on a private vehicle. (5%) (2005 Bar Question) SUGGESTED ANSWER: The check is admissible in evidence against Alvin. However. 280 SCRA 735 (1997)]. Article EH of the Constitution. It curtails the freedom of expression of individuals who wish to express their preference for a candidate by posting decals and stickers on their cars and to convince others to agree with them. [Waterous Drug Corporation v.

time. Page 175 of 445 Political and Public International Law . which invalidated a law limiting the expenditures of candidates for campaigning in the United States. An example of a content based restraint on free speech is a regulation prescribing (2011 BAR) (A) maximum tolerance of pro-government demonstrations. honest. Since the purpose of the Free Speech Clause is to promote the widest possible dissemination of information. except that the majority of court lacked one more vote to make their decision effective. where. (1989 Bar Question) SUGGESTED ANSWER: Yes. not even for the purpose of equalizing the opportunity of political candidates. (B) a no rally-no permit policy. A Commission on Elections (COMELEC) resolution provides that political parties supporting a common set of candidates shall be allowed to purchase jointly air time and the aggregate amount of advertising space purchased for campaign purposes shall not exceed that allotted to other political parties or groups that nominated only one set of candidates. SUGGESTED ANSWER: No. and credible elections. was nearly invalidated on this same principle. Under Section 4. Comelec. The resolution is challenged as a violation of the freedom of speech and of the press. In the Philippines.S. through the broadcast media. (D) calibrated response to rallies that have become violent. peaceful. during the election period the Commission on Elections may supervise or regulate the media of communication or information to ensure equal opportunity. This is the ruling in Buckley vs. Although the expenditure limitation applies only to the purchase of air time. 27 SCRA 835 (1969). the depth of their discussion and the size of the audience that can be reached. and how lawful assemblies are to be conducted. the resolution is constitutionally defensible. 424 U. Valeo. To allow candidates which are supported by more than one political party to purchase more air time and advertising space than candidates supported by one political party only will deprive the latter of equal time and space in the media. a limitation on expenditure for this purpose cannot be justified. Article IX C of the 1987 Constitution. a provision of the Tanada-Singson Law. and the reality is that to do this requires the expenditure of money. Is the resolution consti-tutionally defensible? Explain. the limitation nonetheless results in a direct and substantial reduction of the quantity of political speech by restricting the number of issues that can be discussed. orderly. (C) when. thus leaving political parties free to spend for other forms of campaign. and space among candidates with the objective of holding free. (See Gonzalez vs. limiting the period for campaigning. 1 (1976).

Does the constitutional prohibition against the abridgement of the freedom of speech apply to acts done by ABN. it may be considered an agent of the government by complying with the law and refusing to air the advertisement.S. Cowboy Levy’s may invoke the constitutional guarantee of freedom of speech in its favor. In Ayer Productions Pty. vs. even private parties may be liable for damages for impairment of the freedom of speech.. the Supreme Court held that even if the production of a film is a commercial activity that is expected to yield profits. a private corporation. 765. recently released an advertisement featuring model Richard Burgos wearing Levy’s jackets and jeans and holding a pack of Marlboro cigarettes.S. it aligned itself with the government. (1992 Bar Question) SUGGESTED ANSWER: The constitutional prohibition against the freedom of speech does not apply to ABN. Assume that such refusal abridges the freedom of speech. Cowboy Levy's. Inc. Virginia Citizens Consumer Council. Capulong. 507. it is covered by the guarantee of freedom of speech. 425 U. As stated in Hudgens vs. the constitutional guarantee of freedom of speech is a guarantee only against abridgement by the government. In Virginia State Board. SUGGESTED ANSWER: Since ABN has a franchise. it was ruled that this guarantee extends to corporations. (1992 Bar Question) May Cowboy Levy's. 748. 160 SCRA 861. Under Article 32 of the Civil Code. It does not therefore apply against private parties. The World Health Organization has also reported that U. refuses to air the advertisement in compliance with the law.S. invoke the free speech guarantee in its favor? Explain. The Asian Broadcasting Network (ABN). of Pharmacy vs. In First National Bank of Boston vs. National Labor Relations Board. Congress passes a law prohibiting television stations from airing any-commercial advertisement which promotes tobacco or in any way glamorizes the consumption of tobacco products. a jeans company. 424 U. a private corporation. it was held that this right extends to commercial advertisements. Ltd. Page 176 of 445 Political and Public International Law . Thus it rendered itself liable for a lawsuit which is based on abridgement of the freedom of speech. This legislation was passed in response to findings by the Department of Health about the alarming rise in lung diseases in the country. a privately owned television station. Bellotti 435 U. a private corporation? Explain.S. tobacco companies have shifted marketing efforts to the Third World due to dwindling sales in the health- conscious American market.

Columbia Broadcasting System. Such a threat qualifies as prior restraint Page 177 of 445 Political and Public International Law . 345 U. Its latest commercial advertisement uses the line: “Nakatikim ka na ba ng kinse anyos?” Very soon. 678 [1977]). The guarantee of freedom of speech is a limitation on state action and not on the action of private parties (Lloyd Corporation v. Can the GOCCs and sequestered corporations validly comply? (2007 Bar Question) SUGGESTED ANSWER: The government-owned and controlled corporations and the government nominees in sequestered corporations cannot block any advertising funds allocated for any newspaper. radio or TV station that carries the “kinse anyos” advertisements. radio or television station which carries the advertisements of Destilleria Felipe Segundo. 453 U. the Council orders the pull -out of the “kinse anyos” advertising campaign. Freedom of speech extends to commercial advertisements (Metromedia.CC) to boycott any newspaper. The mere fact that an advertisement is offensive cannot justify its suppression (Carey v. and their refusal to accept any advertisement does not violate freedom of speech (Times-Picayune Publishing Comp any v. 490 [1981]). The blocking of advertising funds is a threat intended to prevent the exercise of the freedom of speech of Destilleria Felipe Segundo through the fear of consequences. activist groups promoting women’s and children’s rights were up in Arms against the advertisement. In this case. 594 [1953]. they are bound by the guarantee of freedom of speech. radio or TV station. The mass media are private enterprises. 407 U. United States. because Destilleria did not comply with the association’s ethical guidelines. which it has produced and marketed successfully for the past 70 years. Since they are government entities and officers. All advertising companies in the Philippines have formed an association. the Amazing Amazonas. 94 [1973]) One of the militant groups. Population Services International. Inc.S.S. v.S. Democrat Control Committee. call on all government-owned and controlled corporations (GO. San Diego. 412 U.S. Inc.S. a private association formed by advertising companies for self regulation was the one who ordered that the advertisement be pulled out. Can Destilleria Felipe Segundo claim that its constitutional rights are thus infringed? (2007 Bar Question) SUGGESTED ANSWER: Destilleria Felipe Segundo cannot claim that its constitutional rights were infringed. 431 U. v. and have agreed to abide by all the ethical guidelines and decisions by the Council. The Destilleria Felipe Segundo is famous for its 15-year old rum. In response to the protests. Tanner. They call on all government nominees in sequestered corporations to block any advertising funds allocated for any such newspaper. the Philippine Advertising Council. 551 [1972]).

the City Mayor denied their application on the ground that a rally at the time and place applied for will block the traffic in the San Miguel and Quiapo Page 178 of 445 Political and Public International Law . A group of militants questioned the order for being unconstitutional and filed a case against Secretary Chua to restrain him from enforcing the order. Secretary Chua cannot be sued for acts done in pursuance to his public office. I. (B) Yes. Culture and Sports charged them administratively. the Director rendered a decision meting out to them the penalty of removal from office. Vol. The Law of Advertising. (2002 Bar Question) SUGGESTED ANSWER: According to De la Cruz v. On appeal. Is the claim correct? (2011 BAR) (A) No.m. which lasted for one month. Secretary Chua raised state immunity from suit claiming that the state cannot be sued without its consent. Ten public school teachers of Caloocan City left their classrooms to join a strike. When such rights were exercised on regular school days instead of during the free time of the teachers. because such rights must be exercised within reasonable limits. (Rosden. Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola because it hampers the traffic flow to Malacanang.m. pp. the Division Supervisor as member. On the basis of the evidence adduced at the formal investigation which amply established their guilt. and a teacher. the teachers committed acts prejudicial to the best interests of the service. they reiterated the arguments they raised before the administrative bodies. The Department of Education. the argument of Bar Question the teachers that they were merely exercising their constitutional right to peaceful assembly and to petition the government for redress of grievance cannot be sustained. public officers may be sued to restrain him from enforcing an act claimed to be unconstitutional. for which reason they were required to answer and formally investigated by a committee composed of the Division Superintendent of Schools as Chairman. The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor of Manila an application for a permit to hold a rally on Mendiola Street on September 5. to ask for teachers' benefits. only the president may raise the defense of immunity from suit. However. to protest the political killings of journalists. namely: Their strike was an exercise of their constitutional right to peaceful assembly and to petition the government for redress of grievances. The decision was affirmed by the DECS Secretary and the Civil Service Commission. 2006 from 10:00 a. the order was not a proprietary act of the government. (D) Yes. 305 SCRA 303 (1999). as another member. to 3:00 p. Court of Appeals. 5-13. (C) No.

place and manner regulations. the Public Assembly act of 1985. which has been designated a Freedom Park. because the requirement merely regulates the exercise of the right as to the time. since the content of the speech is not relevant to the Page 179 of 445 Political and Public International Law . because a rally may be held in another public place. Does the SM have a remedy to contest the denial of its application for a permit? 2. These constraints are content-neutral and entail only the minimum test of rationality (and not to “heightened scrutiny”). 880. The requirement is not content-based. in a campus of a government-owned or operated educational institution or even in a private property. however. place and manner” regulation expressly authorized by BP 880. The right of the people peaceably to assemble for redress of grievances is constitutionally guaranteed. Does the availability of a Freedom Park justify the denial of SM’s application for a permit? 2. since only the minimum test of rationality is applied. but is subject to time. This is a proper “time. BP 880). unless there is a clear and present danger of a substantive evil which the State has the right to prevent (Section 4. the courts may not second-guess the local government unit. such as. SUGGESTED ANSWER: No. SM may argue that their rally will not be held during “rush hour".5% (2006 Bar Question) SUGGESTED ANSWER: The Samahan ng Mga Mahihirap may contest the denial of its application for a permit by filing an action in an appropriate court of law (Section 6(e) Batas Pambansa (BP) Big.5% (2006 Bar Question) SUGGESTED ANSWER: The availability of a Freedom Park does not by itself justify the denial of the application for a permit. The Public Assembly Act of 1985). The City Mayor has denied the permit on the ground that it will block traffic in the San Miguel and Quiapo districts. as venue for the rally. Districts. He suggested the Liwasang Bonifacio. place and manner of the rally to the extent needed to avoid a clear and present danger of the substantive evil which the State has the right to prevent.5% (2006 Bar Question) SUGGESTED ANSWER: The requirement to apply for a permit to hold a rally is not a prior restraint on freedom of speech and assembly. Is the requirement to apply for a permit to hold a rally a prior restraint on freedom of speech and assembly? 2. and merely from 10 am to 3 pm. SM cannot contest the denial of a permit to rally.

Ermita. but no person can be arrested for merely participating in or attending the rally if it was peaceful (Section 13(a). and posed a hazard to other motorists. the Manila Police stopped them for posing a danger to public safety. 488 SCRA 226. April 26. 13[a]). prompting the police to arrest them. Are the arrests without judicial warrants lawful? 2.5% (2006 Bar Question) SUGGESTED ANSWER: Only the leader or organizer can be arrested without a warrant during the rally for holding a rally without a permit. Three meters after crossing the boundary. 880. G. Bayan! held a protest rally and planned to march from Quezon City to Luneta in Manila. Some banners had been blown off by the wind. May the security police Page 180 of 445 Political and Public International Law . SUGGESTED ANSWER: The police officers may disperse the rally peacefully. Was this a valid exercise.of police power? (2007 Bar Question) SUGGESTED ANSWER: Since the protesters merely reached three meters beyond the boundary of Quezon City. as there was no clear and present danger to public order. The security police of the Southern Luzon Expressway spotted a caravan of 20 vehicles. [2006]). The protesters then proceeded to march instead. 169777 and 169838. its members hold a rally. because the permit from the Mayor of Quezon City is limited to Quezon City only and does not extend to the City of Manila and no permit was obtained from the Mayor of Manila (Batas Pambansa Big. They were driving at 50 kilometers per hour in a 40-90 kilometers per hour zone. Batas Pambansa 880. No. They received a permit from the Mayor of Quezon City. Salakay. In accordance with the policy of maximum tolerance. regulation. with paper banners taped on their sides and protesting graft and corruption in government. BP 880). They were also stopped by the security force. 2006. sec. regulates the conduct of all protest rallies in the Philippines. the Public Assembly Law of 1985. sandwiched between the caravan vehicles. the police authorities should have asked the protesters to disperse and if they refused. the public assembly may be dispersed peacefully. the police authorities in Manila should not have stopped them. Assuming that despite the denial of SM’s application for a permit. but not from the Mayor of Manila. They were able to march in Quezon City and up to the boundary separating it from the City of Manila. The rally should just be peacefully dispersed (Section 12. BP 880). (Bayan v.R. They were stopped by the security police.

militant students spread word that on the following Friday. its Page 181 of 445 Political and Public International Law . 7). Makati. Nationwide protests have erupted over rising gas prices. What would you advise the students? (6%) (2008 Bar Question) SUGGESTED ANSWER: I shall advise the students that the circular is void. The student leaders approached you for legal advice They contended that they should not be expelled since they did not violate the circular. The constitutional guarantee of freedom of speech and peaceful assembly extends to students within the premises of the Metro Manila State University (Malabanan v. The effort was only moderately successful. The Metro Manila State University. 129 SCRA 359 [1984]). 880. Ramente. a public university. Nonetheless. 393 U. carried an exclusive report stating that Senator XX received a house and lot located at YY Street. 503). all students were to wear black T-shirts as a symbol of their protest both against high gas prices and the university ban on demonstrations. SUGGESTED ANSWER: The security police may stop the protesters to prevent public inconvenience. adopted a university-wide circular prohibiting public mass demonstrations and rallies within the campus. including disruptive demonstrations in many universities throughout the country. such as rolling them up while they were in the expressway and required the protesters to board their vehicles and proceed on their way. The STAR. Offended by the circular. the security policy should not have stopped the protesters. university officials were outraged and compelled the student leaders to explain why they should not be expelled for violating the circular against demonstrations. their protest action being neither a demonstration nor a rally since all they did was wear black T- shirts.S. in consideration for his vote cutting cigarette taxes by 50%. a national daily newspaper. with around 30% of the students heeding the call. sec. The Senator sued the STAR. because they were using the expressway for an appreciable length of time by marching while sandwiched between the caravan vehicles (Batas Pambansa Blg. I shall also advise the students that their wearing of black T-shirts as a sign of protest is covered by their freedom of speech. DesMoines Community School District. because it is closely akin to free speech (Tinker v. validly stop the vehicles and the marchers? (2007 Bar Question) SUGGESTED ANSWER: In accordance with the policy of maximum tolerance. They should have simply asked the protesters to take adequate steps to prevent their banners from being blown off.

there is no YY Street in Makati. 283 U. The sharp incision of its probe relieves the abscesses of officialdom. on the other hand. claiming the report was completely false and malicious. Since it is a matter of public knowledge that there is no YY Street in Makati. 301 SCRA 1 [1999J). Attacks on the government. or for the purpose of enforcing the primary requirements of decency or the security of community life. 37 Phil. and the tax cut was only 20%. The defendants denied “actual malice. “the interest of society and the maintenance of good government demand a full discussion of public affairs.S. Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech. The Secretary of Transportation and Communications has warned radio station operators against selling blocked time. Court of Appeals. 697 (1931)). reporter. (Near v. Minnesota. Such a limitation is valid only in exceptional cases. If there was any error." claiming privileged communication and absolute freedom of the press to report on public officials and matters of public concern. Is there “actual malice" in STAR’S reportage? How is “actual malice" defined? Are the defendants liable for damages? (5%) (2004 Bar Question) SUGGESTED ANSWER: Since Senator XX is a public person and the questioned imputation is directed against him in his public capacity. The defendants may be held liable for damages. editor and publisher for libel. in this case actual malice means the statement was made with knowledge that it was false or with reckless disregard of whether it was false or not {Borjal v. He claimed one million pesos in damages. on the claim that the time covered thereby are often used by those buying them to attack the present administration. Assume that the department implements this warning and orders owners and operators of radio stations not to sell blocked time to interested parties without prior clearance from the Department of Transportation and Communications. (1988 Bar Question) SUGGESTED ANSWER: I would challenge its validity in court on the ground that it constitutes a prior restraint on freedom of expression. such as where the purpose is to prevent actual obstruction to recruitment of service or the sailing dates of transports or the number and location of troops. According to the Senator. For as has been pointed out. the publication was made with reckless disregard of whether or not it is false. What would you do regarding that ban on the sale of blocked time? Explain your answer. Men in public life may suffer under a hostile and an unjust accusation. the STAR said it would publish the correction promptly. cannot justify prior restraints. Bustos. You are approached by an interested party affected adversely by that order of the Secretary of Transportation and Communications. 741 Page 182 of 445 Political and Public International Law . the wound can be assuaged with the balm of a clear conscience.” (United States v.

697 (1931). 713 (1971)) With greater reason then may censorship in times of emergency be justified in the case of broadcast media since their freedom is somewhat lesser in scope.S. 713 (1971)). 1987. cancelled the franchise of station XX. The reports were correct and factual.S.” Page 183 of 445 Political and Public International Law . 403 U. The impact of the vibrant speech. quoting Justice Holme’s opinion in Schenck v. In the morning of August 28.” (New York Times Co. it was held that “of all forms of communication. as Justice Gutierrez said. On October 6. 403 U. 1987. (Eastern Broadcasting Corp (DYRE) v. 249 U.” The security of community life may be protected against incitements to acts of violence and the overthrow by force of orderly government. Unlike readers of the printed work. (1918)). Dans. New York Times v. wartime censorship has been upheld on the ground that “when a nation is at war many things that might be said in time of peace are such a hindrance to its efforts that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right. after normalcy had returned and the Government had full control of the situation. Discuss the legality of: (1987 Bar Question) (a) The action taken against the station on August 28. As has been held. Minnesota. during the height of the fighting at Channel 4 and Camelot Hotel. United States. “any system of prior restraints of expression comes to the court bearing a heavy presumption against its constitutional validity. 283 U. The parties adversely affected may also disregard the regulation as being on its face void. Pacifica Foundation. but merely on the basis of the report of the military. United States. without notice and hearing. 47 (1919). 137 SCRA 647 (1985)) In FCC v. which was excitedly reporting the successes of the rebels and movements towards Manila and troops friendly to the rebels.S. is forceful and immediate. v. With respect news media. (b) The cancellation of the franchise of the station on October 6. 1987.S. the National Telecommunications Commission. 726 (1978). The usual presumption of validity that inheres in legislation is reversed in the case of laws imposing prior restraint on freedom of expression. analyze and reject the utterance. it is broadcasting which has received the most limited First Amendment Protection. a radio audience has lesser opportunity to cogitate.” and the government “thus carries a heavy burden of showing justification for the imposition of such a restraint. the military closed Radio Station XX.S. (Near v. SUGGESTED ANSWER: (a) The closing down of Radio Station XX during the fighting is permissible. United States. 438 U. 1987.

(3%) (2009 Bar Question) SUGGESTED ANSWER: The contention of KKK-TV is not tenable. ALTERNATIVE ANSWER: The memo circular is unconstitutional. Court of Appeals. 137 SCRA 647 (1985). Book VII of the Administrative Code of 1987. There is no showing that the airing of the programs would constitute a clear and present danger (New York Times v. the Movie and Television Review and Classification Board (MTRCB) suspended the airing of KKK. 1987. 98-17 was issued and published in a newspaper of general circulation. 1986. 98-17 must be filed with the University of the Philippines Law Page 184 of 445 Political and Public International Law .D. Television is a medium which reaches even the eyes and ears of children (Iglesia ni Cristo v. without prior notice and hearing. KKK-TV filed a certiorari petition in court. The KKK Television Network (KKK-TV) aired the documentary. (2%) Resolve. it has the power of prior review over all television programs. 69 Phil. 403 U. the cardinal primary requirements in administrative proceedings (one of which is that the parties must first be heard) as laid down in Ang Tibay v. Any system of prior restraint has against it a heavy presumption against its validity. 1986. is void. (2009 Bar Question) SUGGESTED ANSWER: In accordance with Chapter 2. a copy thereof was never filed with the Office of the National Register of the University of the Philippines Law Center. Consequently. “Case Law: How the Supreme Court Decides. Prior restraint is an abridgment of the freedom of expression. The suspension order was ostensibly based on Memorandum Circular No.D. United States.TV programs. raising the following issues: The act of MTRCB constitutes “prior restraint” and violates the constitutionally guaranteed freedom of expression. 713 [1971]). and the subject documentary does not fall under either of these two classes. Dans. 98-17 which grants MTRCB the authority to issue such an order.” without obtaining the necessary permit required by P. While Memorandum Circular No.S. As held in Eastern Broadcasting Corp. (DYRE) v. except “newsreels” and programs “by the Government”. The prior restraint is a valid exercise of police power. The act of the Movie and Television Review and Classification Board constitutes prior restraint and violates freedom of expression. (b) But the cancellation of the franchise of the station on October 6. 259 SCRA 529 [1996]). Memorandum Circular No. 635 (1940) must be observed in closing a radio station because radio broadcasts are a form of constitutionally-protected expression. CIR. MTRCB declared that under P.

Decide with reasons. d. Commissioner of Internal Revenue. protected speech. He did not commit any act of lawless violence. He pretended to hurl a rock but did not actually throw it. Pedrong Pula should be acquitted. or else we will cause trouble here!") simultaneously. manggugulo kami dito!" ("you corrupt officials. Pedrong Pula took up the stage and began shouting "kayong mga kurakot kayo! Magsi-resign na kayo! Kung hindi. What are the two (2) basic prohibitions of the freedom of speech and of the press clause? Explain. his freedom of speech should not be limited in the absence of a clear and present danger of a substantive evil that the state had the right to prevent. 541 SCRA 316 [2007]). The two basic prohibitions on freedom of speech and freedom of the press are prior restraint and subsequent punishment. (2012 BAR EXAMS) a. CHAVEZ VS. Manila. (5%) b. Pedrong Pula argued he was merely exercising his freedom of speech and freedom of expression guaranteed by the Bill of Rights. Police officers who were monitoring the situation immediately approached Pedrong Pula and arrested him. protected legislative discretion. he brought out a rock the size of a· fist and pretended to hurl it at the flagpole area of a government building. b. xxx C. protected judicial discretion SUGGESTED ANSWER: a. protected executive privilege. GONZALES. He did not actually throw the rock. Macapagal Arroyo. xxx. (David Vs. c. Center. (Chavez Vs Gonzales. c. you better resign now. On appeal. He was prosecuted for seditious speech and was convicted. 545 SCRA 411 In a protest rally' along Padre Faura Street. 489 Scra 160) B. 545 Scra 411) Page 185 of 445 Political and Public International Law . "Chilling effect" is a concept used in the area of constitutional litigation affecting: (2012 BAR EXAMS) a. (2%) SUGGESTED ANSWER: A. It cannot be enforced until it has been filed with the University of the Philippines Law Center (Pilipinas Shell Petroleum Corporation v.

This is the principle of open justice. 545 SCRA 441 Surveys Galore is an outfit involved in conducting nationwide surveys. Surveys Galore immediately assailed the show-cause order of Judge Assension. c. He then issued a show-cause order against Surveys Galore directing the survey entity to explain why it should not be cited in contempt for coming up with such a survey and publishing the results which were so unflattering and degrading to the dignity of the judiciary. be fair. The peoples freedom to criticize the government includes the right to criticize the courts. however. the courts will be powerless to protect their integrity and independence that are essential in the orderly and effective dispensation and administration of justice. and not spill over the walls of decency and propriety. prior censorship and subsequent remedies. and that (b) the publics confidence in the administration of justice is maintained. which is fundamental to our democratic society and ensures that (a) there is a safeguard against judicial arbitrariness or idiosyncrasy. b. Page 186 of 445 Political and Public International Law . d. no prior restraint and no subsequent punishment. their proceedings and decisions. This. is not meant to stifle all forms of criticism against the court. Is Surveys Galore’s petition meritorious? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: Yes. SUGGESTED ANSWER: (D) CHAVEZ VS GONZALES. the courts remain accountable to the people.[ The criticism must. the sub judice rule excludes from its coverage fair and accurate reports (without comment) of what have actually taken place in open court. the judiciary was shown to be less trusted than most of the government offices. Without the sub judice rule and the contempt power. felt particularly offended by the news. The results were then published by the mass media. of course. made in good faith. no prior restraint and subsequent punishment. Surveys Galore’s petition is meritorious. The complementing regime that best characterizes the guarantees of freedom of speech and of the press are: (2012 BAR EXAMS) a. As the third branch of the government. it asked the people about the degree of trust and confidence they had in several institutions of the government. Assension. arguing that it is violative of the constitutional guaranty of freedom of expression. And to enhance the open court principle and allow the people to make fair and reasoned criticism of the courts. In one such survey. When the results came in. for the exercise of said right cannot be used to impair the independence and efficiency of courts or public respect therefore and confidence therein . prior punishment and moderate punishment. Unwarranted attacks on the dignity of the courts cannot be disguised as free speech. a trial court judge.

Vs Anti Terrorism Council. Because In General They Have An In Terrorem Effect. is contempt of court and is punishable. What is the doctrine of "overbreath"? In what context can it be correctly applied? Not correctly applied? Explain (5%) b. 632 Scra 146. A Facial Challenge On The Ground Of Overbreadth Is Not Applicable To Challenge On The Ground Of Overbreadth Is Not Applicable To Penal Statutes. In sum. must be shielded from embarrassment or influence in its all-important duty of deciding the case. the counsel. etc. the officers of the court. or tending to influence the decision of the controversy. in a pending litigation. Thus. The guarantee of freedom of expression signifies: (1%) 2014 BAR EXAMS (A) absolute freedom to express oneself (B) freedom from prior restraint (C) right to freely speak on anything without limitations (D) the right of the government to regulate speech (E) the right of broadcast stations to air any program. Page 187 of 445 Political and Public International Law . What is the doctrine of "void for vagueness"? In what context can it be correctly applied? Not correctly applied? Explain (5%)(2012 BAR EXAMS) SUGGESTED ANSWER: a. the parties. It Applies Both To Free Speech Case And Penal Statutes. However. (Southern Hemisphere Engagement Network. Inc. with reference to the suit. Surveys Galore’s petition is meritorious.. Any publication pending a suit. The resulting (but temporary) curtailment of speech because of the sub judice rule is necessary and justified by the more compelling interests to uphold the rights of the accused and promote the fair and orderly administration of justice. the court. However. in the cae of Surveys Galore there is no pending case before the court. reflecting upon the court. the subjudice rule does not apply. A Statement Is Overbroad When A Governmental Purpose To Control Or Prevent Activities Constitutionally Subject To State Regulations Is Sought To Be Achieved By Means Which Sweep Unnecessarily Broadly And Invade The Area Of Protected Freedom.) Note: The Word “Overbreath” Should Read “Overbreadth” Because Breath Has No Limit Especially If It Is Bad Breath. SUGGESTED ANSWER: (A) Freedom from prior restraint a. A Facial Challenge On The Ground Of Overbreadth Can Only Be Made In Free Speech Cases Because Of Its Chilling Effect Upon Protected Speech.

and therefore. However. Since it is alleged that the CYbercrime Prevention Act violates various provisions of the Bill of Rights. Jurisprudence provides that locus standi is not required when the action was filed to prevent a chilling effect on the exercise of the right to freedom of expression and overbreadth. Gonzalesm 545 Scra 441 (2008). including freedom of speech. Before the law could even be implemented.) In keeping with the modern age of instant and incessant information and transformation. The overbreadth doctrine posits that the government: (1%)2014 BAR EXAMS (A) must know the extent of its power (B) when it exercises too much power it is like someone with bad breath –it is not healthy to society (C) can enact laws which can reach outside its borders. petitions were filed in the Supreme Court questioning said provisions by people who felt threatened. The Solicitor General countered that there is no basis for the exercise of the power of judicial review since there has yet been no violation of the law. Its Applies To Both Free Speech Cases And Penal Statues. (Southern Hemisphere Engagement Network. Can the Court proceed to decide the case even if the law has not yet become effective? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: The Supreme Court can proceed to decide the case even if the law has not yet become effective. Anti. like long-arm statues (D) the government is prohibited in banning unprotected speech if a substantial amount of protected speech is restrained or chilled in the process Page 188 of 445 Political and Public International Law . Since the petitions filed sought to nullify the Cybercrime Prevention Act. freedom of the press. aside from the fact that the petitioners have no locus standi since they do not claim to be in imminent danger of being prosecuted under the law. Inc. b. and the right against unreasonable searches and seizures. A Statute Is Vague When It Lacks Comprehensible Standards That Men Of Common Intelligence That Guess Its Meaning And Differ As To Its Application. It Does Not Apply To Penal Statutes. Because it violated several provisions of the Bill of Rights. some of its provisions were also seen as impermissibly invading and impairing widely cherished liberties of the people particularly the freedom of expression. Angara. there is no actual case or controversy to speak of. While ostensibly the law is intended to protect the interests of society. the issues raised are of paramount public interest of transcendental importance and with far-reaching constitutional implications that justify dispensation with locus standi and exercise of the power of judicial review by the Supreme Court (Chavez v. the Supreme Court became duty-bound to settle the dispute (Tanada v.Terrorism Council. 272 SCRA 18 (1997). A Facial Challenge On The Ground Of Vagueness Can Be Made Only In Free Speech Cases. Vs. Congress passed Cybercrime Prevention Act to regulate access to and use of the amenities of the cyberspace. for themselves as well as for the benefit of others who may be similarly affected but not minded enough to challenge the law. 632 Scra 146.

has been generally maintained. Which one of the following is not a proper test in cases of challenges to governmental acts that may violate protected speech: (2012 BAR EXAMS) a.. GBTY A challenges the denial of its application based on moral grounds because it violates its right to equal protection of the law. After all. No. freedom of the press and peaceful assembly are but component rights of the right to one’s freedom of expression. 2014. For unlike its counterpart in the U. d. it has expanded its scope to cover statues not only regulating free speech. April 8.S. albeit with some modifications. SUGGESTED ANSWER: (D) The government is prohibited in banning unprotected speech if a substantial amount of protected speech is restrained or chilled in the process. (3%) 2015 BAR EXAMS ANSWER: “In United States (US) constitutional law. reasonable relation. When is a facial challenge to the constitutionality of a law on the ground of violation of the Bill of Rights traditionally allowed? Explain your answer. and other fundamentals rights. filed for accreditation with the COMELEC to join the forthcoming party-list elections. as they are modes which one’s thoughts are externalized. a facial challenge. b. Page 189 of 445 Political and Public International Law . Ochoa. the fundamental right to religious freedom. “In this jurisdiction. but also those involving religious freedom. the application of doctrines originating from the U.” (Imbong v. but also all other rights in the First Amendment. also known as a First Amendment Challenge. This include religious freedom. bisexual.S.R. an organization of gay. and to petition the Government for a redress of grievances. G. While this Court has withheld the application of facial challenges to strictly penal statues. freedom of the press. but also to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. c. is one that is launched to assail the validity of statues concerning not only protected speech. dangerous tendency. Bisexual and Transgender Youth Association (GBTYA). 204819. The underlying reason for this modification is simple. The COMELEC denied the application for accreditation on the ground that GBTY A espouses immorality which offends religious dogmas. clear and present danger. balancing of interests. is mandated by the Fundamental Law not only to settle actual controversies involving rights which are legally demandable and enforceable. under its expanded jurisdiction. and the rights of the people to peaceably assemble. 721 SCRA 146) The Gay. and transgender persons. this Court.

manggugulo kami dito!" ("you corrupt officials. he brought out a rock the size of a· fist and pretended to hurl it at the flagpole area of a government building.) Commercial speech may be required to be submitted to a government agency for review to protect public interest by preventing false or deceptive claims. Pedrong Pula took up the stage and began shouting "kayong mga kurakot kayo! Magsi-resign na kayo! Kung hindi. actual malice rule. COURT OF APPEALS. or else we will cause trouble here!") simultaneously. (Pharmaceutical And Health Care Association Of The Philippines Vs. 160 Scra 861. equal protection compared to other constitutionally guaranteed expression. What is "commercial speech"? Is it entitled to constitutional protection? What must be shown in order for government to curtail "commercial speech"? Explain. none of the above. (Ayer Productions Pty.P. b. c. lesser protection compared to other constitutionally guaranteed expression. you better resign now. c. unless the public official concerned proves that the statement was with knowledge that it was false or with reckless disregard of whether it was false or not. ( Black’s Law Dictionary. Duque. more protection compared to other constitutionally guaranteed expression. Ltd Vs Capulong. libel malice rule. b. 535 Scra 265. Manila. xxx SUGGESTED ANSWER: B. 259 SCRA 529 In a protest rally' along Padre Faura Street. defamatory statement if it relates to official conduct. GONZALES. b. Page 190 of 445 Political and Public International Law . 545 SCRA 411 Commercial speech is entitled to: (2012 BAR EXAMS) a. Commercial speech is communication which involves only the commercial interests of the speaker and the audience such as advertisements.) No liability can attach to a false. d. He did not actually throw the rock. SUGGESTED ANSWER: (C) IGLESIA NI CRISTO VS. 9th Ed. (2012 BAR EXAMS) a. xxx.. This is known as what rule? (2012 BAR EXAMS) a.. malice in fact rule. (3%) c. 1529) Commercial speech is entitled to constitutional protection. SUGGESTED ANSWER: (D) CHAVEZ VS.

As ordered. Title VI.160 SCRA 861 H. d. Chapter 9. including the playing or singing of the Philippine National Anthem. d. public official. pursuant to rules to be promulgated by the Secretary of Education Culture and Sports. c. Non-establishment clause a. Decide the case. his affairs. Culture and Sports issued a memorandum implementing said provision of law. A group of teachers. a person who. Test 2. legal malice rule. The refusal of a teacher. Clear and Present Danger Test b. Free exercise clause 3. public figure. celebrity. or by adopting a profession or calling which gives the public a legitimate interest in his doings. and his character. of the Administrative Code of 1987 requires all educational institutions to observe a simple and dignified flag ceremony.m. has become a: (2012 BAR EXAMS) a. The Secretary denied the request. b. Concept and basis b. The Secretary of Education.. COURT OF APPEALS . Tests a. students and pupils concerned went to Court to have the memorandum circular declared null and void. LTD VS CAPULONG. during class days. students and pupils requested the Secretary that they be exempted from attending the flag ceremony on the ground that attendance thereto was against their religious belief. Freedom of religion 1. Compelling State Interest Test c. by his accomplishments. The teachers. the flag ceremony would be held on Mondays at 7:30 a. de facto public officer. SUGGESTED ANSWER: (B) VASQUEZ VS. student or pupil to attend or participate in the flag ceremony is a ground for dismissal after due investigation. fame. Conscientious Objector Test Section 28. SUGGESTED ANSWER: (A) AYERS PRODUCTION PTY. (2009 Bar Question) Page 191 of 445 Political and Public International Law . Acts permitted and not permitted by the clause c. or mode of living. 314 SCRA 460 In the law of libel and protected speech.

religion shall be taught to students in public elementary and high schools within regular class hours by instructors designated or approved by the religious authorities of their religion. Division Superintendent of Schools of Cebu. Section 1 of the Constitution to protect and promote the right of all citizens to quality education and make such education accessible to all. on account of their religious beliefs. saluting the Philippine flag and reciting the patriotic pledge. As held in Ebralinag vs. The principal of Jaena High School. wrote a letter to the parents and guardians of all the school’s pupils. Their expulsion also violates the duty of the State under Article XIV. 219 SCRA 256 [1993]. to compel students to take part in the flag ceremony when it is against their religious beliefs will violate their religious freedom. The refusal of the teachers and the students to participate in the flag ceremony does not pose a clear and present danger. The students and their parents assail the expulsion on the ground that the school authorities have acted in violation of their right to free public education. informing them that the school was willing to provide religious instruction to its Catholic students during class hours. through a Catholic priest. Does the offer violate the constitutional prohibition against the establishment of religion? (3%) (2008 Bar Question) SUGGESTED ANSWER: The offer does not violate the constitutional prohibition against the establishment of religion. Decide the case. 251 SCRA 569. and religious freedom and worship. Freedom of religion cannot be impaired except upon the showing of a clear and present danger of a substantive evil which the State has a right to prevent. to take part in the flag ceremony which includes playing by a band or singing the national anthem. Page 192 of 445 Political and Public International Law . SUGGESTED ANSWER: The teachers and the students should be exempted from the flag ceremony. to compel them to participate in the flag ceremony will violate their freedom of religion. Article XTV of the Constitution provides that at the option expressed in writing by their parents or guardians. Children who are members of a religious sect have been expelled from their respective public schools for refusing. freedom of speech. The Division Superintendent of Schools of Cebu. Section 3(3). a public school. As held in _Ebralinaq v. However. (2003 Bar Question) SUGGESTED ANSWER: The students cannot be expelled from school. students who wished to avail of such religious instruction needed to secure the consent of their parents and guardians in writing.

has filed suit to nullify the resolution of the Sangguniang Panlalawigan giving the special discretionary fund to the Governor for the stated purpose. VI. the resolution constitutes a clear violation of the Non-establishment Clause (art. I shall argue that the rejection of their request violates the guarantee of the free exercise and enjoyment of religious profession and worship. on constitutional grounds. benefit o support of any system of religion. Islam’s holiest city. To instill religious awareness in the students of Doña Trinidad High School. Tawi-Tawi is a predominantly Moslem province. III. upon learning of the offer. the Parent Teacher’s Association of the school contributed funds for the construction of a grotto and chapel where ecumenical religious services and seminars are being held after school hours. how would you argue in support of their position? (3%) (2008 Bar Question) SUGGESTED ANSWER: As counsel for the parents of the evangelical students. The use of the school grounds for these purposes was questioned by a parent who does not Page 193 of 445 Political and Public International Law . for the use. Court of Appeals. however. and members of its Sangguniang Panlalawigan are all Moslems. 259 SCRA 529 [1996]). The principal. The Governor. a devout Catholic. and the fact that the disbursement is made by resolution of a local legislative body and not by Congress does not make it any less offensive to the Constitution. the Vice-Governor. Philconsa. The use of discretionary funds for purely religious purpose is thus unconstitutional. Saudi Arabia. it violates art. rejected the request. second. 29(2) of the Constitution which prohibits the appropriation of public money or property. The parents of evangelical Christian students. VI. (1988 Bar Question) SUGGESTED ANSWER: The resolution is unconstitutional First. Recently. 5) of the Constitution. demanded that they too be entitled to have their children instructed in their own religious faith during class hours.000. Above all. without discrimination or preference. and. the Sangguniang Panlalawigan passed a resolution appropriating P100. directly or indirectly. which limits the appropriation of discretionary funds only for public purposes. Its budget provides the Governor with a certain amount as his discretionary funds. sec. to be spent by him in leading a pilgrimage of his provincemates to Mecca. 25(6). As counsel for the parents of the evangelical students. it contravenes art. a public school in Bulacan. sec.00 as a special discretionary fund of the Governor. sec. The exercise of religious freedom includes the right to disseminate religious information (Iglesia ni Cristo v. How would you decide the case? Give your reasons.

Although the grotto and the chapel can be used by different religious sects without discrimination. 107 S. Estate of Shabazz. reasonableness should be the test. (Section 3(3). 2400. the land occupied by the grotto and the chapel will be permanently devoted to religious use without being required to pay rent. (5%) (2010 Bar Question) SUGGESTED ANSWER: The principal is liable. In fact. it was noted that the Moslem prisoners were being given a different meal whenever pork would be served. 12 of the Secretary of Justice dated February 2. he filed and administrative complaint against the principal before the DECS is the principal liable? Explain briefly. As his complaint was not addressed by the school. (1989 Bar Question) SUGGESTED ANSWER: Yes. Estate of Shabazz. Article XIV of the Constitution. This violates the prohibition against the establishment of religion enshrine in Section 5 of the Bill of Rights. convicted prisoners retain their right to free exercise of religion. In considering the appropriate balance between these two factors. Accommodation to religious freedom can be made if it will not involve sacrificing the interests of security and it will have no impact on the allocation of the resources of the penitentiary.) Although religion is allowed to be taught in public elementary and high schools. (Opinion No. Ct. the Director of Prison is liable under Article 32 of the Civil Code for violating the religious freedom of “X”. The Free Exercise Clause of the Constitution is essentially a restraint on governmental interference with the right of individuals to worship as they please. providing “X” with a meatless diet will not create a security problem or unduly increase the cost of food being served to the prisoners. The Director refused and “X” sued the Director for damages for violating his religious freedom. belong to any religious group. In this case. officials. Decide. It is not a mandate to the state to take positive. in the case of O’Lone vs. SUGGESTED ANSWER: The suit should be dismissed. It would have been different had the Director of Prisons prohibited meatless diets in the penal institution. According to the decision of the United States Supreme Court in the case of O’Lone vs.) “X’ is serving his prison sentence in Muntinlupa. He asked the Director of Prisons that he be served with meatless diet. 1979. Page 194 of 445 Political and Public International Law . affirmative action to enable the individual to enjoy his freedom. lawful incarceration brings about necessary limitations of many privileges and rights justified by the considerations underlying the penal system. At the same time. it should be without additional cost to the government. He belongs to a religious sect that prohibits the eating of meat.

The religious organization brought the case to court on the ground that the action of the MTRCB suppresses its freedom of speech and interferes with its right to free exercise of religion. Hence the tapes maybe required to be reviewed prior to airing. Court of Appeals. The program presents and propagates its religious. Its public broadcast on TV of its religious program brings it out of the bosom of internal belief. and compares their practices with those of other religions. cannot be justified by hypothetical fears but only by the showing of a substantive and Page 195 of 445 Political and Public International Law . The Court reiterates the rule that the exercise of religious freedom can be regulated by the State when it will bring about the clear and present danger of some substantive evil which the State is duty bound to prevent. 259 SCRA 529. Court of Appeals. serious detriment to the mere overriding interest of public health." However. Decide. the broadcasts do not give rise to a clear and present danger of a substantive evil. 259 SCRA 529. 549: "Prior restraint on speech. The right to act on one's religious belief is not absolute and is subject to police power for the protection of the general welfare. A religious organization has a weekly television program. In the case of Iglesia ni Cristo vs. public morals. When the religious organization started presenting its program over television. including the religious speech. 1986 will reveal that it is not among the grounds to justify an order prohibiting the broadcast of petitioner's television program. As the Movie and Television Review and Classification Board (MTRCB) found as offensive several episodes of the program which attacked other religions. the Supreme Court held: "Even a side glance at Section 3 of PD No. Court of Appeals. the Movie and Television Review and Classification Board cannot ban the tapes on the ground that they attacked other religions. 544. the Supreme Court held: "We thus reject petitioner's postulate that its religious program is per se beyond review by the respondent Board. 547. doctrines. (5%) (1998 Bar Question) SUGGESTED ANSWER: The religious organization cannot invoke freedom of speech and freedom of religion as grounds for refusing to submit the tapes to the Movie and Television Review and Classification Board for review prior to airing." Moreover. In Iglesia ni Cristo vs. or public welfare. the MTRCB required the organization to submit its tapes for review prior to airing.. i. Television is a medium that reaches even the eyes and ears of children.e. it went into the realm of action. 259 SCRA 529. In Iglesia ni Cristo vs.

ARTICLE III OF CONSTITUTION The Constitution provides that the "separation of church and state shall be inviolable.s 1. which is absolute. d." This is implemented most by the constitutional principles embodied in: (2012 BAR EXAMS) a. liberty of movement. the freedom of religious belief clause. (iglesia ni cristo vs. The freedom of exercise of religion entails the right to believe. Pass laws that aid one religion. c. ARTICLE III OF CONSTITUTION a. the free exercise clause.) Page 196 of 445 Political and Public International Law . xxx. b. xxx SUGGESTED ANSWER: B. 259 scra 529. prefer one religion over another force or influence a person to go to or remain away from church against his will. the freedom of religion clause. Court of appeals. 330 u. imminent evil which has taken the reality already on the ground. SUGGESTED ANSWER. c. As a rule . of force him to profess a belief or disbelief in any religion. d. The state cannot set up a church. SECTION 5. religion. Board of education. SUGGESTED ANSWER: (C) SECTION 5. and all religions. (everson vs. life and liberty." The free exercise and non-establishment clauses pertain to which right under the Bill of Rights: (2012 BAR EXAMS) a. . the freedom of exercise of religion can be restricted only if there is a clear and present danger of a substantive evil which the state has the right to prevent. (3%) (2012 BAR EXAMS) c. the non-establishment clause. B. b.) The non establishment clause implements the principle of seperation of church and state. and the right to act on one’s belief . which is subject to regulation. Distinguish fully between the "free exercise of religion clause" and the "non- establishment of religion clause". liberty of abode. b.

d. One time. On the other hand. 545 SCRA 441 (2008). This was published in a newspaper which caused much agitation among the followers of Maskeraid. It is suggested that either (c) or (d) may be accepted as a correct answer Allmighty Apostles is a relatively new religious group and movement with fast- growing membership. decided to ban the distribution of the newspaper containing the article. because this is valid exercise of police power. Freedom of the press includes freedom of circulation (Chavez v. SUGGESTED ANSWER: (C) Ignacio vs. Court of Appeals. 346. because there is no clear and present danger in holding a religious meeting by another religious group near a catholic church. and (d) Iglesia ni Cristo vs. because the plaza being of public use can be used by anybody regardless of religious belief. No. Is this correct? (2012 BAR EXAMS) a. If you were the judge. DeepThroat went to court complaining about the prohibition placed on the dissemination of his article. Mayor Lebron allowed them to use the north-western part of the plaza but not the kiosk (which is a few meters away from the Catholic church). because historical experience shows that peace and order may be disturbed whenever two opposing religious groups or beliefs expound their dogmas. Page 197 of 445 Political and Public International Law . the authorities counter that the act was necessary to protect the public order and the greater interest of the community. Maskeraid was actually doing. while some others already started destroying properties while hurting those selling the newspaper. how would you resolve the issue? (4%)2014 BAR EXAMS SUGGESTED ANSWER: If I were the judge. Some threatened violence against DeepThroat. He claims that the act of the authorities partakes of the nature of heckler’s veto. 99 phil. The Gangnam Style’s Witnesses (whose tenets are derogatory to the Catholic Church). an investigative reporter. No. Yes. made a research and study as to what the group’s leader. Yes. Dela Cruz. Gonzales. applied for a permit to use the public plaza and kiosk to hold their religious meeting on the occasion of their founding anniversary. c. The local authorities. DeepThroat. I would rule that the distribution of the newspaper cannot be banned. DeepThroat eventually came up with the conclusion that Maskeraid was a phony who is just fooling the simpleminded people to part with their money in exchange for the promise of eternal happiness in some far-away heaven. b. Freedom of the news should be allowed although it induces a condition of unrest and stirs people to anger. Members of the Gangnam Style Witnesses claim that the act of Mayor Lebron is a violation of their freedom of assembly and religion. 259 scra 529. thus a violation of the guaranty of press freedom. afraid of the public disorder that such followers might do.

Escritor. P-02-1651.No. When governmental action that restricts freedom of the press is based on content. which will justify its banning of the further distribution of the newspaper containing the article.M. Candida urges that her conjugal arrangement with Manuel fully conforms with their religious beliefs and with the teachings of their church. 545 SCRA 441 92008). The fact that some people had already started destroying properties while hurting those selling the newspaper can be validly considered by the government as a clear and present danger. it is given the strictest scrutiny and the government must shoe that there is a clear and present danger of the substantive evil which the government has the right to prevent. a married man. 492 SCRA 1) I. In resolving whether Candida should be administratively penalized which is the best test to apply? (1%) 2013 BAR EXAMS (A) Clear and Present Danger Test (B) Compelling State Interest Test (C) Balancing of Interests Test (D) Conscientious Objector Test (E) Dangerous Tendency Test SUGGESTED ANSWER: (B)(Estrada v. The test for limitations on freedom of expression continues to be the cleas and present danger rule-that words are used in such circumstances and are of such a nature as ro create a clear and present danger that they will bring about the substantive evils that the lawmaker has a right to prevent (Chavez vs. Limitations 2. A. Return to one's country Page 198 of 445 Political and Public International Law . Candida has been administratively charged of immorality for openly living with Manuel. Gonzales. Right to travel a. Watch-list and hold departure orders 3. The threats of violence and even the destruction of properties while hurting those selling the newspaper do not constitute a clear and present danger as to warrant curtailment of the right of Deep Throat to distribute the newspaper (Chavez v. Liberty of abode and freedom of movement 1. August 4. Gonzales 545 SCRA 441 (2008) ALTERNATIVE ANSWER: The action of the government is justified. 2003.

(1996 Bar Question) SUGGESTED ANSWER: No. Page 199 of 445 Political and Public International Law . because of the exigency. the Supreme Court held: "Judicial notice will be taken of the fact that leprosy is commonly believed to be an infectious disease tending to cause one afflicted with it to be shunned and excluded from society. SUGGESTED ANSWER: Yes. the military commander cannot compel the residents to transfer their places of abode without a court order. Juan Casanova challenged the constitutionality of the law as violating his liberty of abode. Will the suit prosper? (15%) (1998 Bar Question) SUGGESTED ANSWER: No. the military commander can compel the residents to transfer their places of abode without a court order. The military commander -in charge of the operation against rebel groups directed the inhabitants of the island which would be the target of attack by government forces to evacuate the area and offered the residents temporary military hamlet. Article III of the Constitution. a lawful order of the court is required before the liberty of abode and of changing the same can be impaired. Requiring the segregation of lepers is a valid exercise of police power. In Lorenzo us. The wife of Juan Casanova wrote a letter to the City Health Officer to have her formerly philandering husband confined in some isolated leprosarium. Section 6. Can the military commander force the residents to transfer their places of abode without a court order? Explain. 598. Under Section 6. the suit will not prosper. Director of Health. Article III of the Constitution provides: "The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. A law requires that lepers be isolated upon petition of the City Health Officer. this exercise of police power may be justified Juan Casanova contracted Hansen's disease (leprosy) with open lesions. If there is no reasonable time to get a court order and the change of abode is merely temporary. and that compulsory segregation of lepers as a means of preventing the spread of the disease is supported by high scientific authority. 50 PhiJL 595." The liberty of abode is subject to the police power of the State.

The order of the court of appeals is lawful. Mr. (1991 Bar Question) SUGGESTED ANSWER: The case should be dismissed. subject to the conditions that he secure "a certification/guaranty from the Mayor of the place of his residence that he is a resident of the area and that he will remain to be a resident therein until final judgment is rendered or in case he transfers residence. is arrested for the crime of smuggling. as may be provided by law. he jumps bail and is about to leave the country when the Department of Foreign Affairs (DFA) cancels his passport. a. Mr. Indeed. He sues the DFA. to wit: “Neither shall the right to travel be impaired except in the interest of national security. On appeal. he was ordered to surrender his passport to the Division Clerk of Court for safekeeping until the court orders its return. He posts bail for his release. he is in fact liable to be arrested anytime. Decide the case. He is merely being required to inform the court of appeals if he does. (5%) b. Page 200 of 445 Political and Public International Law . Decide with reasons. the right to travel under the Constitution presupposes that the individual is under no restraint such as that which would follow from the fact that one has a pending criminal case and has been placed under arrest. (YAP vs Court of Appeals. the right to change adobe and the right to travel are not absolute. a Filipino citizen. citing the new provision in the Bill of Rights of the 1987 Constitution. The liberty of changing adobe may be unpaired upon order to the court. The Court of Appeals granted the motion and set a bail amount in the sum of Five (5) Million Pesos. claiming violation of his freedom to travel. Violet was convicted by the RTC of Estafa. 358 scra 564). he filed with the Court of Appeals a Motion to Fix Bail for Provisional Liberty Pending Appeal. Esteban Krony. it must be with prior notice to the court". Subsequently. What are the respective exception/s to each right if any? (5%) (2012 BAR EXAMS) SUGGESTED ANSWER: a. if he subsequently jumps bail. Further. he cannot demand passport which in effect will facilitate his escape from the country. If he is admitted to bail his freedom of movement is confined within the country. Mr. Violet challenges the conditions imposed by the Court of Appeals as violative of his liberty of abode and right to travel. Are "liberty of abode" and "the right to travel" absolute rights? Explain. because the purpose is to ensure that the accused will be available whenever his presence is required. He is not being prevented from changing his adobe. or public health. public safety. Any person under an order of arrest is under restraint and therefore he cannot claim the right to travel. Therefore.

ARTICLE III OF CONSTITUTION Page 201 of 445 Political and Public International Law .) J. the court has the inherent power to restrict the right of an accused who has pending criminal case to travel abroad to maintain its jurisdiction over him. (section 6. trade secrets and banking transactions. criminal matters or classified law enforcement matters. (1%) (BAR 2013) A. Right to information 1. The liberty of adobe and the right to travel are not absolute the liberty of adobe and of changing it can be imposed within the limits prescribed by law upon lawful order of the court. et al. article III of the Constitution. Diplomatic negotiations At the Senate impeachment trial of Justice Pablo P. Government contract negotiations b. b. or public health as may be provided by law. wrote the Supreme Court requesting that the prosecutors be allowed to examine the court records of Stewards Association of the Philippines. Hon. San Quintin. 217 scra 633. (Santiago vs Vasquez. No. public safety. Filipinas Air. should deny the request because it violates the Court's independence and the doctrine of separation of powers E. c. government research data used as a basis for policy development. orders and resolutions that are available to the public D. d. Access to court records 4.. should deny the request since records of cases that are pending for decision are privileged except only for pleadings. 987654. may grant the request by reason of inter-departmental courtesy B. Emilio A. The High Court __________. The right to travel may be unpaired in the interest of national security. SUGGESTED ANSWER: (D) SECTION 7. Limitations 2. Right to information relative to: a. may grant the request as the records of the Filipinas Air case are public records C. b. provided that the Bill of Rights is not violated Which one is NOT a recognized limitation to the right to information on matters of public concern: (2012 BAR EXAMS) a. (SAP!) v. should grant the request because of the sui generis nature of the power of impeachment. Inc.R. a case that is still pending. Tan. national security matters. Congressman and Impeachment Panel Manager.) In addition . G. Publication of laws and regulations 3.

the Vice President.} Page 202 of 445 Political and Public International Law . liabilities. the declaration shall be disclosed to the public in the manner provided by law. Access to official records. Belmonte.” (Section 12. the postulate "public office is a public trust" would be mere empty words. the Congress. the Constitutional Commissions and other constitutional offices. and duties: xxx xxx xxx Publicize matters covered by its investigation when circumstances so warrant and with due prudence. the Members of the Cabinet." (Section 7. transactions. upon assumption of office. Article XI) 5. and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. “Subject to reasonable conditions prescribed by law. Article III) 3. and to documents. “The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law. Article XII) As explained in Valmonte v. {Note: The examinee should be given full credit if he gives any three of the above- mentioned provisions. and officers of the armed forces with general or flag rank. functions. and papers pertaining to omcial acts. If access to information of public concern is denied. the State adopts and implements a policy of full public disclosure of all its transactions involving public Interest. and as often as thereafter may be required by law. In the case of the President. Article II) 2. as well as to government research data used as basis for policy development. “A public officer or employee shall. “Information on foreign loans obtained or guaranteed by the Government shall be made available to the public. What is the purpose of said policy? (5%) (2000 Bar Question) SUGGESTED ANSWER: The following are the constitutional provisions reflecting the State policy on transparency in matters of public interest: 1. State at least three constitutional provisions reflecting the State policy on transparency in matters of public interest. the purpose of the policy is to protect the people from abuse of governmental power. and net worth. the Supreme Court. Article XI) 6. 170 SCRA 256 (1989). shall be afforded to citizen. submit a declaration under oath of his assets. subject to such limitations as may be provided by law." (Section 20. or decisions.” (Section 17. Article VI) 4.” (Section 21." (Section 28. “The Office of the Ombudsman shall have the following powers. “The right of the people to information on matters' of public concern shall be recognized.

Congressman Cheng says he is one of the co-authors of the Subic Bay Metropolitan Authority Charter. 3 of the Constitution guarantees the right of all workers to engage in peaceful concerted activities. independent sectoral organizations. 3). including the right to strike in accordance with law. Thus. and structure are: a. XIII. Cheng proposes an amendment to SBMA law declaring it as a strike- free zone or total ban on strikes. membership. Page 203 of 445 Political and Public International Law . Right of association Bona fide associations of citizens which demonstrate capacity of promote the public interest and with identifiable leadership. In the absence of a compelling interest of the state. His proposal to ban strikes totally in the Subic Special Economic and Freeport Zone is. (1993 Bar Question) SUGGESTED ANSWER: Art. some congressional leaders and business executives propose that strike-free export zones be established.” (Art. The fact that many firms at the Bataan EPZA have been forced to close down by unstable labor condition brought about by strike does not justify the ban on strike. it is legally possible to put up such a strike-free export processing zone in the country? Why or why not? (1988 Bar Question) SUGGESTED ANSWER: No. Cheng is worried that foreign capital might be slow in coming in due to unstable working conditions resulting from too many strikes. XIII. Hearings before a congressional committee have established that many firms at the Bataan Export Processing Zone had closed down or pulled out because of unstable labor conditions resulting in so many strikes. independent party-list organizations. c. The Constitution guarantees the rights of workers to engage in “peaceful concerted activities. b.. Do you believe that under the present Constitution. To remedy this situation. However.g. including the right to strike in accordance with law. Is this proposal legally defensible? Explain briefly. independent indigenous organizations. (such as health and safety. the prohibition of strike in hospitals and industries indispensable to the national interest) it cannot be prohibited. e. d. sec. It is illegal strikes which can be prohibited but not all strikes. For strike is labor’s legitimate weapon. therefore unconstitutional. To remedy the situation and inject vitality to the export expansion program. He declares that the SBMA is the answer to rapid economic growth and the attainment of the President's Philippine 2000" dream. a law cannot totally prohibit the right to strike but can only regulate the exercise thereof. K. independent people’s organizations. sec.

the proposal to ban strikes totally in the Subic Special Economic and Freeport Zone is constitutional. 175 SCRA 686. The DECS Secretary issued to them a notice of the illegality of their unauthorized action. The teachers claim that their right to peaceably assemble and petition the government for redress of grievances has been curtailed. 1989. SUGGESTED ANSWER: While the Constitution guarantees to workers the right to engage in peaceful concerted activities. Article III of the Constitution allows employees in the public sector to form unions. Are employees in the public sector allowed to form unions? To strike? Why? (3%) (2000 Bar Question) SUGGESTED ANSWER: Section 8. The phrase “in accordance with law" was inserted precisely to indicate that in some exceptional cases workers would not have the right to strike if it is prohibited by law. Employees in the public sector cannot strike to secure concessions from their employer. they can exercise this right without stoppage of classes. and warned them of imposable sanctions. Page 204 of 445 Political and Public International Law . such right can only be exercised in accordance with law. including the right to strike. Court of Appeals. Are they correct? Why? (2%) (2000 Bar Question) SUGGESTED ANSWER: The teachers cannot claim that their right to peaceably assemble and petition for the redress of grievances has been curtailed. (Social Security System Employees Association vs. July 28. According to Bangalisan v. However. They ignored this and continued with their mass action. the terms and conditions of their employment are fixed by law. As explained In Social Security System Employees Association v. Culture and Sports (DECS) to press for the immediate grant of their demand for additional pay. Manila Public School Teachers Association vs. Laguio. Hence. 276 SCRA 619 (1997). The DECS Secretary issued orders for their preventive suspension without pay and charged the teachers with gross misconduct and gross neglect of duty for unauthorized abandonment of teaching posts and absences without leave. Court of Appeals. Public school teachers staged for days mass actions at the Department of Education. 175 SCRA 686 (1989). ordered them to immediately return to work. 200 SCRA 323 (1991)). they cannot go on strike. Court of Appeals.

which he claims is Page 205 of 445 Political and Public International Law . while Mr. prior to the recommendation or decision of the appropriate government office to acquire the property. d. Offended by the President's remarks that the Bureau of Customs is a pit of misfits and the corrupt. Concept 2. pursuant to the Real Property Tax Code. Expansive concept of “public use” 3. Miscellaneous application Which one of the following circumstances is NOT an element of taking under eminent domain: a. 1533.OO a square meter pursuant to Presidential Decree No. Determination b. employees can go on mass leave of absence for one week B. Rivera at the rate of P1QO. as substantially to cust the owner of all beneficial ownership. devoting it to public use. Abandonment of intended use and right of repurchase 5.00 per square meter. Mr. at the time of its taking by the government. Eminent domain 1. c. the compensation to be paid shall not exceed the value declared by the owner or determined by the Assessor. Rivera appealed. The same parcels of land had been valued by the Assessor at P120. Just compensation a. Rivera had previously fixed the market value of the same at P100. Mr.00 per square meter. Effect of delay 4. under color of legal authority. Roland Rivera is the owner of four lots sought to be expropriated by the Export Processing Zone Authority for the expansion of the export processing zone at Baguio City. the Bureau of Customs Employees Association composed of 3. None of the above can legally be done. entering upon public property for a momentary period. He maintains that the lower court erred in relying on Presidential Decree No. employees can march and rally at Mendiola every Monday C. providing that in determining just compensation for private property acquired through eminent domain proceedings. whichever value is lower. (1%) A. The Regional Trial Court decided for expropriation and ordered the payment to Mr. 1533. employees can wear black arm bands and pins with the word "UNFAIR" inscribed E.000 workers seeks your legal advice on how best to protest what it views to be the President's baseless remarks. (BAR 2013) A prudent legal advice is that __________. employees can barricade the gates of the Port of Manila at South Harbor and call for the resignation of the incumbent Commissioner of Customs D. insisting that just compensation for his property should be determined by Commissioners who could evaluate all evidence on the real value of the property. b. L.

As held in Republic of the Philippines us. a government agency.suitability of the state? (1989 Bar Question) Page 206 of 445 Political and Public International Law . Can the government invoke the doctrine of non. Article XII of the Constitution. parties cannot be compelled to enter into a contract. The Republic. Decide. files suit to compel the telecommunications company to execute a contract with PCO for PCO’s access and use of the company's facilities. since under Section 18. A. the Republic of the Philippines may compel the Philippine Pacific Telecommunications to allow access to its facilities. To determine it requires consideration of the condition of the property and its surroundings. in behalf of the PCO. A property owner filed an action directly in court against the Republic of the Philippines seeking payment for a parcel of land which the national government utilized for a road widening project. However. It was explained that although a court would technically have the power to determine the just compensation for property under the Decree. (1988 Bar Question) SUGGESTED ANSWER: The decision of the lower court should be reversed. what alternative will you propose to the Republic? (1992 Bar Question) SUGGESTED ANSWER: The action will not prosper. The advanced technology of a private company. If the case will not prosper. Just compensation means the value of the property at the time of the taking. wishes to establish a direct computer and fax linkup with trading centers in the United States. is necessary for that purpose but negotiations between the parties have failed. 1533 to be an unconstitutional encroachment on the prerogatives of the judiciary. 26 SCRA 620. the court’s task would be relegated to simply stating the lower value of the property as declared either by the owner or by the assessor. unconstitutional. If the Republic of the Philippines can take title to the facilities of Philippine Pacific Telecommunications by its power of expropriation. How would you decide the appeal? Explain your answer. the State may expropriate public utilities. 149 SCRA 305 (1987) the Supreme Court declared PD No. In EPZA V. It means a fair and full equivalent for the loss sustained. Dulay. Philippine Long Distance Telephone Company. there is no reason why it cannot use such power to impose only a burden upon Philippine Pacific Telecommunication without loss of title. The Philippine Commodities Office (PCO). its improvements and capabilities. Philippine Pacific Telecommunications.

the owner of the property cannot oppose the expropriation on the ground that only 200 out of more than 10. SUGGESTED ANSWER: No. funds of the government on deposit in the bank cannot be garnished for two reasons: (i) Under Art. Court of First Instance of Cebu. Article III of the 1987 Constitution that private property shall not be taken for public use without just. Panis. the owner cannot garnish public funds to satisfy his claim for payment.000 squatter families in Pasig City will benefit from the expropriation. it cannot invoke its immunity from the suit. No. (1996 Bar Question) SUGGESTED ANSWER: A. The purpose of the expropriation is to use the land as a relocation site for 200 families squatting along the Pasig river. B. No. 29(1) public funds cannot be spent except in pursuance of an appropriation made by law.000 squatter families in Pasig City will benefit from the expropriation? Explain. the right guaranteed in Section 9. 23 SCRA 899. 31 SCRA 616 (1970)). compensation will be rendered nugatory. No. 3083 prohibits execution upon any judgment against the government. San Diego. Can the Department of Agrarian Reform require the City of Pasig to first secure authority from said Department. before converting the use of the land from agricultural to housing? Explain. Section 7 of Act No. when the government expropriates property for public use without paying just compensation. 228 SCRA 668. The remedy of the prevailing party is to have the judgment credit in his favor included in the general appropriations law for the next year. and (ii) essential public services will be impaired if funds of the government were subject to execution. (Commissioner of Public Highways vs. In connection with the preceding question. B. Can the owner of the property oppose the expropriation on the ground that only 200 out of the more than 10. The City of Pasig initiated expropriation proceedings on a one-hectare lot "which is part of a ten-hectare parcel of land devoted to the growing of vegetables. can the property owner garnish public funds to satisfy his claim for payment? (1989 Bar Question) Explain your answers. Page 207 of 445 Political and Public International Law . Sec. even if the government may be sued. A. SUGGESTED ANSWER: A. the government cannot invoke the doctrine of state of immunity from suit. As held in Republic vs. it does not follow that its properties may be seized under execution. Otherwise. II. As held in Philippine Columbian Association vs. As held in Ministerio vs. 40 SCRA 464. Palacio. B.

116. the legal interest should be six per cent (6%) a year. On appeal. Angas. Devi filed a money claim with the Commission on Audit which was denied. The defendant moved for dismissal of the complaint contending that the government cannot be sued without its consent. No. Left with no other recourse. As held in National Power Corporation vs. B. there is no provision in the Comprehensive Agrarian Reform Law which subjects the expropriation of agricultural lands by local government units to the control of the Department of Agrarian Reform and to require approval from the Department of Agrarian Reform will mean that it is not the local government unit but the Department of Agrarian Reform who will determine whether or not the expropriation is for a public use. B. the Department of Agrarian Reform cannot require Pasig City to first secure authority from it before converting the use of the land from agricultural to residential. Devi is the owner of a piece of land. Devi filed a complaint for recovery of property and/or damages against the Secretary of Public Works and Highways and the Republic of the Philippines. the Judge cannot validly withhold the issuance of the writ of possession until full payment of the final value of the expropriated property. since its issuance is based on Presidential Decree No. in accordance with Article 2209 of the CMl Code. 208 SCRA 542. 416. which increased the legal interest to twelve per cent (12%) a year is not applicable to the expropriation of property and is limited to loans. the acquisition of private property for socialized housing is for public use and the fact that only a few and not everyone will benefit from the expropriation does not detract from the nature of the public use. As held in National Power Corporation vs. how would you decide the case? (1993 Bar Question) Page 208 of 445 Political and Public International Law . 206 SCRA 520. it is the ministerial duty of the judge to issue the writ of possession upon deposit of the provisional value of the expropriated property with the National or Provincial Treasurer. No. Without prior expropriation or negotiated sale. The RTC dismissed the complaint. What legal interest should be used in the computation of interest on just compensation? (1993 Bar Question) B. Can the Judge validly withhold issuance of the writ of possession until full payment of the final value of the expropriated property? (1993 Bar Question) SUGGESTED ANSWER: A. which amended the Usury Law. Court of Appeals. Jocson. the national government used a portion thereof for the widening of the national highway. According to Province of Camarines Sur vs. In expropriation proceedings: A. Central Bank Circular No. 222 SCRA 173.

Court of First Instance of Cebu. Company. the NHA initiated expropriation proceedings against the store owner who protested that his property could not be taken because it is not residential or slum housing. except a well- maintained drug and convenience store that poses no blight or health problem itself. Inc. the power of eminent domain is not confined to expropriation of vast tracts of the land. This was opposed by Madlangbayan on the following grounds: a) that the lot is not a vast tract. Thus. 252 SCRA 412 (1996). not a public one. 31 SCRA 413 (1970). Tuason and. v. Madlangbayan is the owner of a 500 square meter lot which was the birthplace of the founder of a religious sect who admittedly played an important role in Philippine history and culture. the landowner may maintain a suit against the government without violating the doctrine of government immunity from suit. it was held that when the government takes property from a private landowner without prior expropriation or negotiated sale. As held in J. Thereafter. Resolve the opposition raised by Madlangbayan. the NHA acquired all the properties within a targeted badly blighted area in San Nicolas. Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or acquire private property for the redevelopment of slum areas. as well as to lease or resell the property to private developers to carry out the redevelopment plan. If you were the Page 209 of 445 Political and Public International Law . noting the NHA’s sale of the entire area except his property to a private party. the constitutional guarantee that private property shall not be taken for public use without just compensation will be rendered nugatory. Pursuant to the law. The government should be deemed to have waived impliedly its immunity from suit. (5%) (2000 Bar Question) SUGGESTED ANSWER: The arguments of Madlangbayan are not meritorious. Court of Appeals. The expropriation of the lot to preserve it as the birthplace of the founder of the religious sect because of his role in Philippine history and culture is for a public purpose. NHA sold all the properties it has thus far acquired to a private realty company for redevelopment. SUGGESTED ANSWER: The order dismissing the complaint should be reversed. The fact that other birthplaces have not been expropriated is likewise not a valid basis for opposing the expropriation. Land Tenure Administration. b) that those to be benefited by the expropriation would only be the members of the religious sect of its founder. 40 SCRA 464.M. Manila. The fact that the expropriation will benefit the members of the religious sect is merely incidental. the expropriating authority is not required to adhere to the policy of “all or none". According to Manosca v. and c) that the NHC has not initiated the expropriation of birthplaces of other more deserving historical personalities. Otherwise. The National Historical Commission (NHC) passed a resolution declaring it a national landmark and on its recommendation the lot was subjected to expropriation proceedings. He also contended that his property is being condemned for a private purpose. because public use is no longer restricted to the traditional concept. In Ministerio v.

If FCC hires you as lawyer. 150 SCRA 89 [1987]). It is not the immediate effects. and other private parties (Heirs of Juancho Ardona v. To remedy the city’s acute housing shortage. what defense or defenses would you set up in order to resist the expropriation of the property? Explain. the beneficiaries of the expropriation will not settle there and will instead merely lease out or resell the lot for a profit (Manotok v. I would order the expropriation of the property. National Housing Authority. Instead. (5%) (2008 Bar Question) SUGGESTED ANSWER: I will raise the defense that the selection of the lot to be expropriated violates due process. but rather the ultimate results which determine whether a particular act is for public good. can FCC recover the property from Pasig City? Explain. the Sangguniang Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. commercial firms. the City filed a complaint for eminent domain against FCC. It is function of Congress to decide which type of taking is for public use and that the agency authorized to do the taking may do so to the full extent of its statutory authority. Henson. 300 SCRA 751 [1998]). The Sanggunian intends to subdivide the property into small residential lots to be distributed at cost to qualified city residents. compounded by a burgeoning population. legal interest on the just compensation should be paid (National Power Corporation v. But FCC refused to sell the lot. Since it is devoted to commercial use. because it is arbitrary. owns a sprawling plant in a 5. However. exercised through the NHA by Congressional fiat. Filipinas Page 210 of 445 Political and Public International Law . If the Court grants the City’s prayer for expropriation.000-square meter lot in Pasig City. Filipinas Computer Corporation (FCC). how would you decide the case? (6%) (2008 Bar Question) SUGGESTED ANSWER: If I were the judge. if the payment was not made within five (5) years from the finality of judgment in the expropriation case. but the City delays payment of the amount determined by the court as just compensation. Reyes. Hard-pressed to find a suitable property to house its homeless residents. judge. a local manufacturer of computers and computer parts. 125 SCRA 220 [1983]). (2%) (2005 Bar Question) SUGGESTED ANSWER: The mere delay in the payment of the just compensation will not entitle the Filipinas Computer Corporation to recover the property. The expropriation of the property is valid being a lawful exercise of the State’s power of eminent domain. The expropriation of the private land for slum clearance urban development is for a public purpose even if the developed area is later sold to private homeowners.

transmission lines. 208 The National Power and Grid Corporation (NPGC). Market value for purposes of determining just compensation in eminent domain has been described as the fair value of property: (2012 BAR EXAMS) a. between one who desires to purchase and one who wants to delay selling. ESTRADA. SUGGESTED ANSWER: (C) CITY OF MANILA VS. When the NPGC ignored him. but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot. Computer Corporation can recover the property. Farmerjoe. Suppose the expropriation succeeds. it should be returned to Filipinas Computer Corporation upon abandonment of the purpose (Heirs of Timoteo Moreno v. had its transmission lines traverse some fields belonging to Farmerjoe. between one who desires to purchase and one who desires to sell. no suit shall be brought to question the said rights of way. the compensation must be paid within a reasonable time. a government entity involved in power generation distribution. between one who desires to purchase on terms and one who desires to sell after a period of time. can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%) (2005 Bar Question) SUGGESTED ANSWER: If the lot was expropriated with the condition it can be used only for low-cost housing. In defense. not knowing any better. between one who desires to purchase and one does not desire to sell. 462 SCRA 265 [2005]). he instituted a case for payment of just compensation. substations.” If you were the lawyer of Farmerjoe. substations. how would you protect and vindicate the rights of your client? (4%) 2014 BAR EXAMS Page 211 of 445 Political and Public International Law . (Republic v. plants or other facilities. d. To be just. NPGC did so without instituting any expropriation proceedings. did not immediately press his claim for payment until after ten years later when a son of his took up Law and told him that he had a right to claim compensation. Mactan-Cebu International Airport Authority. c. transmission lines. 413 SCRA 502 [2003]). Lim. That was then the only time that Farmerjoe earnestly demanded payment. 25 PHIL. b. plants or other facilities shall have been established and that after said period. NPGC pointed out that the claim had already prescribed since under its Charter it is clearly provided that “actions for damages must be filed within five years after the rights of way.

42 PHIL. VILLAREAL. Waiver Under Article III. solely because they failed to institute inverse condemnation proceedings within five years from the time the transmission lines were constructed. Section 12 of the Constitution. M. No. the right to recover just compensation is enshrined in no less than our Bill of Rights. It would be a confiscatory act on the part of the government to take the property of respondent spouses for a public purpose and deprive them of their right to just compensation. PO1 White informed them that they were looking for a certain cigarette vendor who snatched the purse of a passer-by and the line-up was to allow the victim to point at the vendor Page 212 of 445 Political and Public International Law . criminal investigation. summary investigation. which states in clear and categorical language that private property shall not be taken for public use without just compensation. 339 scra 624. any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent. Thus. Pamaran 138 SCRA 294. Legal assistance and free access to courts O. a cigarette vendor. (c) Galman vs. 189127. c. Rights of suspects 1. Article iii of Constitution SUGGESTED ANSWER: (B) KHETIN VS. Upon arriving at the police station. Brown was asked to stand side-by- side with five (5) other cigarette vendors in a police line-up. Contemporary application of the contract clause N. preliminary investigation. The investigation referred to is called: (2012 BAR EXAMS) a. Availability 2. SPOUSES BERNARDO AND MINDALUZ SALUDARES G. R. custodial investigation. and (d) Section 12. Contract clause 1. b. was invited by PO1 White to a nearby police station. Brown. etc. 886 Mr. Requisites 3. d. This constitutional mandate cannot be defeated by statutory prescription. SUGGESTED ANSWER: (A) People vs Sunga. SUGGESTED ANSWER: As held in NATIONAL POWER CORPORATION v. April 25. 2012.

who snatched her purse. 331 scra 95. Badong. He was already considered as a suspect and was therefore entitled to the right under custodial investigation. C. weakened in spirit by Lito’s early admission. Badong and Rollie. Cruzm 162 scra 642. Would the answer in (a. The Miranda warning means that a person in custody who will be interrogated must be informed of the following.S 436) A robbery with homicide had taken place and Lito. 3. (Miranda vs. He was not yet being asked to answer for a criminal offense.) B. (3%) c. Is Brown entitled to counsel? Explain (5%) b. and 4. Elated by this break and desirous of securing a written confession soonest.). likewise admitted their participation. and pointedly accused them of committing the crime.The trio thus signed a joint extrajudicial confessionwhich served as the main evidence against them attheir trial. Brown. Arizona . he must be informed that if he is indigent. Page 213 of 445 Political and Public International Law . (2012 BAR EXAMS) a. Brown is not entitled to counsel during the police line up.) be the same if Brown was specifically invited by White because an eyewitness to the crime identified him as the perpetrator? Explain. Brown would be entitled to the assistance of a lawyer. (2%) SUGGESTED ANSWER: A. The police confronted the three with this and other information they had gathered. afraid of a "set up" against him. (People vs Legaspi. a lawyer will be appointed to represent him. the police called City Attorney Juan Buan to serve as the trio’s counsel and to advise them about their rights during the investigation. and Rollie were invited for questioning based on the information furnished by a neighbor that he saw them come out of the victim’s house at the time of the robbery/killing. Briefly enumerate the so-called "Miranda Rights". he has the right to have counsel during the investigation. anything said can be used as evidence against him. (garaboa vs. No questions were to be asked from the vendors. 384 U. 1. demanded that he be allowed to secure his lawyer and for him to be present during the police line-up. but eventually broke down and admitted his participation in the crime. 2. Lito initially resisted. He has right to remain silent.

Edward was eventually charged with murder. They were convicted based on their confession. It was made in violation of the constitutional rights of Edwards. Then they asked if he had seen anybody shot in the vicinity just a few minutes earlier and this time he said he did not know about it. As such. during this stage. 399 SCRA 624). a security guard. Whereupon Edward broke down and started explaining that it was a matter of selfdefense. ALTERNATIVE ANSWER: The judgment of conviction should be affirmed if the accused failed to object when their extrajudicial confession was offered in evidence which was rendered it admissible (People v. It relied mainly on the extra judicial confession of the accused. They asked him if he had a gun to which question he answered yes. Page 214 of 445 Political and Public International Law . Should the judgment of conviction be affirmed or reversed on appeal? (5%)2013 BAR EXAMS SUGGESTED ANSWER: The judgment of conviction should be reversed on appeal. the person suspected to have committed a crime is not yet an accused. Custodial investigation refers to any questioning initiated by law enforcement officers after a person has been taken into custody. In due time. Edward was then having refreshment in one of the eateries when the police approached him. He said no. The police got a report about a shooting incident during a town fiesta. as the possible malefactor. but then the policeman who asked him told him that several witnesses pointed to him as the shooter. The rights are available when the person interrogated is already treaded as a particular suspect and the investigation is no longer a general inquiry into an unsolved crime. The statements made are inadmissible. 389 SCRA 93). since no case was instituted against him. Samus. the statements he made to the police were introduced as evidence against him. the prosecution countered that there was no need for such rights to be given since he was not yet arrested at the time of the questioning. During his trial. how would you rule on the issue? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: I would rule in favour of Edward. The police immediately went to the scene and started asking the people about what they witnessed. However. He objected claiming that they were inadmissible since he was not given his Miranda rights. they were pointed to Edward Gunman. City Attorney Juan Buan is not independent. no complaint or criminal case has been filed yet. One person was killed. After a few more questions. he provided legal support to the City Mayor in performing his duties which include the maintenance of peace and order (People v. If you were the judge. Sunga. On the other hand. As City Attorney. one of the policemen asked Edward if he was the shooter. The lawyer assisting them must be independent.

he runs the risk of an interference of guilt from non-production of evidence in his behalf (People v. The guard immediately frisked Arnold. the guard narrated to the police that he personally caught Arnold in possession of dried marijuana leaves. 157221. There is no showing that the evidence for the prosecution was insufficient. 1998. No. he steadfastly remained silent and refused to give any written statement. Solis G. Jose Walangtakot admitted killing his girlfriend in a fit of jealousy. he had the right to remain silent. Considering that his right against self-incrimination protects his right to remain silent. ikaw ay aming Page 215 of 445 Political and Public International Law . While Arnold presented his own witnesses to prove that his possession and apprehension had been set-up. It was already in the accusatory stage in which the Miranda rights must be given to the accused.Ikaw ay may karapatan pa rin kumuha ng serbisyo ng isang abogado para makatulong mo sa imbestigasyong ito at kung wala kang makuha. As he was entering a bar. he himself did not testify. and sniffed its contents. March 30. which the guard noticed. ALTERNATIVE ANSWER: The court correctly convicted Arnold. Under Article III. the guard testified and narrated the statements he gave the police over Arnold’s counsel’s objections. June 29. The court convicted Arnold. a sprinkle of dried leaves fell out. Arnold did not contest the guard’s statement. No. G. grabbed the matchbox. However.R. After confirming that the matchbox contained marijuana. From the constitutional law perspective. 124127. Later in court. This admission was made after the following answer and question to wit: "T . Arnold — who was holding an unlit cigarette in this right hand — was handed a match box by someone standing near the doorway. When Arnold remained silent. he cannot be penalized for exercising it (People v.R. 519 SCRA 521). otherwise. in the case of Edward. Arnold unthinkingly opened the matchbox to light his cigarette and as he did so. he immediately arrested Arnold and called in the police. 2007. Section 12 of the 1987 Constitution. 128 SCRA 217). His silence cannot be taken as a tacit admission. Galvez. was the court correct in its ruling? (6%) 2013 BAR EXAMS SUGGESTED ANSWER: The court was wrong in relying on the silence of Arnold during the police investigation and during the trial. relying largely on his admission of the charge by silence at the police investigation and during trial. the questioning made was more than just a general inquiry into an unsolved crime. In his extrajudicial confession executed before the police authorities. At the police station. his right to remain silent would be rendered nugatory.

Assistant Fiscal Aniceto Malaputo could not assist Jose Walangtakot. the police officers informed him of his right to remain silent. he told the investigators that he was waiving his right to have his own counsel or to be provided one. and with assistance of counsel. Claiming that he sincerely desires to atone for his misdeeds." During the trial. Hence. Duero. and also his right to have a counsel of his choice. (B) Yes. To allow him to act as defense counsel during custodial investigations would render nugatory the constitutional rights of the accused during custodial investigation. his function is to prosecute criminal cases. In accordance with the ruling in People u. he gave a written statement on his Page 216 of 445 Political and Public International Law . was apprised of his right to silence and to counsel. From the outset. if he could afford one or if not. (C) Yes. Jose Walangtakot repudiated his confession contending that it was made without the assistance of counsel and therefore inadmissible in evidence. 104 SCRA379. bibigyan ng libreng abogado. What the Constitution requires is a counsel who will effectively undertake the defense of his client without any conflict of interest. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. under Art. The answer of Jose Walangtakot indicates that he did not fully understand his rights. Besides. the government would provide him with such counsel. Sec. The warning given to him is insufficient. a retired Judge is not a competent and independent counsel. and declared that he fully understands the rights enumerated to him.Nandiyan naman po si Fiscal (point to Assistant Fiscal Aniceto Malaputo) kaya hindi ko na kinakailangan ang abogado. the waiver was made voluntarily. ano ngayon ang iyong masasabi?" “S . but that. Ill. it cannot be said that he knowingly and intelligently waived those rights. As held in People v. he should have been warned also that he has the right to remain silent and that any statement he makes may be used as evidence against him. 189 SCRA 403. the counsel assisting a person being investigated must be independent. After X. Armando Salamanca. (D) No. he is voluntarily waiving them. 12(1) of the Constitution. came under custodial investigation for a robbery in Caloocan City. the waiver was not reduced in writing. Is the waiver valid? (2011 BAR) (A) No. a rape suspect. a notorious police character. expressly. He thanked the police investigators. Viduya. (1993 Bar Question) SUGGESTED ANSWER: The confession of Jose Walangtakot is inadmissible in evidence. Decide. the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence.

the written admission of Salamanca which he gave during the custodial investigation was presented as the only evidence of his guilt. since he was only bringing the marijuana leaves to his employer in Quezon City and was not a drug user. 135 SCRA 465 (1980). sec. People v. Article III of the 1987 Constitution to be valid. Right to be heard Page 217 of 445 Political and Public International Law . 3.” However. the waiver of the right to counsel is not valid. Before interrogation. who finished fifth grade. Criminal due process 2. (1988 Bar Question) SUGGESTED ANSWER: I would object to it on the ground that the waiver of the rights to silence and to counsel is void. even if the extrajudicial confession is valid. He declared orally that he did not need any lawyer as he was innocent. the waiver must be made in writing and in the presence of counsel. The prohibited drug was promptly seized. while driving. 12(1). sec. having been made without the presence of counsel. his car was inspected. Without any objection from him. Is his waiver of the right to counsel valid?(1989 Bar Question) SUGGESTED ANSWER: No. If you were his counsel. Rights of the accused 1. The waiver must also be in writing. Under Section 12(1). It should also be noted that under Rule 134. Galit. In the course of the trial of the criminal case for the same robbery. the policeman on duty informed the boy in English that he does “have a right to remain silent and the right to counsel. the Southern Luzon Command set up checkpoints at the end of the Cavite coastal road to search passing motor vehicles. although this requirement might possibly have been complied with in this case by embodying the waiver in the written confession. it is not a sufficient ground for conviction if it is not corroborated by evidence of corpus delicti. participation in the crime under investigation. and the search yielded marijuana leaves hidden in the trunk compartment of the car. Ill. He was charged with illegal possession of prohibited drugs. (Art. Presumption of innocence 4. Bail 3. what would you do? Explain your answer. there was no counsel available as it was midnight. and the boy was brought to the police station for questioning. P. Pursuing reports that great quantities of prohibited drugs are being smuggled at nighttime through the shores of Cavite. was stopped by the authorities at the checkpoint. since it was not reduced in writing and made in the presence of counsel. A 19-year old boy.

took him to a hospital where at their direction. The extraction of the heroin from the stomach of the accused by the use of an emetic pump against his will violated his right to due process and his right against self- incrimination. d. Right of confrontation 9. he was charged with parricide but was convicted of murder. the chief evidence against the accused was the two capsules. Bolasa. the officers spied two capsules on a night stand beside the bed. I shall invoke the following constitutional rights of the accused: 1. there was no probable cause and the intrusion into his room was invalid (People v. Assistance of counsel 6. the accused was charged with commission of acts of lasciviousness and was convicted of unjust vexation. Since the police officers had no personal knowledge that the accused was selling marijuana and acted merely on a tip. “Are these yours?”. Right to be informed 7. Article III of the Constitution. The officers handcuffed the accused. 321 SCRA 459). two police officers forced open the door of his room. In the criminal case. impartial and public trial 8. Right to speedy. b. because the brutal method used to obtain the evidence offends the sense Page 218 of 445 Political and Public International Law . Having received tips that the accused was selling narcotics. the accused seized the capsules and put them in his mouth. This process induced vomiting. When asked. a doctor forced an emetic solution through a tube into the accused’s stomach against his will. A struggle ensued. c. because it turned out that he and the victim were not married. In the vomited matter were found two capsules which proved to contain heroin. 5. what constitutional rights will you invoke in his defense? (4%) (2008 Bar Question) SUGGESTED ANSWER: As counsel for the accused. 2. it was proven that he killed somebody on a date different from the one alleged in the information. As counsel for the accused. Trials inabsentia The right of the accused to be informed is violated if: a. in the course of which the officers pounced on the accused but failed to extract the capsules. Finding him sitting partly dressed on the side of the bed. The arrest of the accused and the extraction of the heroin violated his constitutional right against illegal searches and seizures under Section 2. Compulsory process 10. he was accused of killing his wife by strangulation but it was proven that his wife died of poisoning.

The extrajudicial confession was executed without the assistance of counsel. implicating Rafael and Carlos who. California. together with him (Joseph). Article in of the Constitution. 165). the confession is inadmissible only against the one who confessed. Only the one whose rights were violated can raise the objection as his right is personal. under Section 12(3). Besides. The coerced extraction of the heroin violated the provision in Section 12(2). (5%) (2001 Bar Question) FIRST ALTERNATIVE ANSWER: According to People vs. Among the evidence presented by the prosecution was an extrajudicial confession made by Joseph during the custodial investigation. Under Section 12. Article III of the Constitution. Accused Joseph turned state witness against his co-accused Rafael and Carlos. and was accordingly discharged from the information. the confession is admissible. (C) he waives his right to be present. (D) he is convicted of a bailable offense. Carlos and Joseph were accused of murder before the Regional Trial Court of Manila. (B) he was able to cross-examine the prosecution’s witnesses. 3. 342 U. Rule on whether the said extrajudicial confession is admissible in evidence or not. Accused Rafael and Carlos vehemently objected on the ground that said extrajudicial confession was inadmissible in evidence against them. Balisteros. any confession or admission obtained in violation of Section 12 or Section 17 or any object discovered as a result of it is inadmissible in evidence (People v. committed the crime. 273 SCRA 163). Article III of the Constitution that no force shall be used against any person. Suela. How should the court decide the case? (3%) (2008 Bar Question) SUGGESTED ANSWER: The court should acquit the accused. Under Section 3(2). Rafael. evidence obtained in violation of the right against unreasonable searches and seizures is inadmissible. Page 219 of 445 Political and Public International Law .S. 237 SCRA 499 (1994). During promulgation of sentence. of justice [Rochin v. Article III of the Constitution. the presence of the accused is mandatory but he may appear by counsel or representative when (2011 BAR) (A) he is charged with a light offense. he said.

no crime under Philippine law was committed. the Philippines can prosecute him if it acquires custody over him (Reagan v. thus. and insisted that he be assisted by a Filipino lawyer currently based in the U. embassy grounds are not part of Philippine territory. 144 SCRA 516 (1986). the police investigator.S. and the counsel assigned by the police stayed for the duration of the investigation. he should have been informed of his rights in proper English. and assigned him an independent local counsel. Was William denied his Miranda rights? Why or why not? (3%) (2009 Bar Question) SUGGESTED ANSWER: The fact that the police officer gave him the Miranda warning in halting English does not detract from its validity. SECOND ALTERNATIVE ANSWER: According to People vs. and brought him to the nearest police station.S. If it is inadmissible against the one who confessed. was inside the U. William need not be given the Miranda warning before the investigation started. informed William of his Miranda rights. it is sufficient that the language used was known to and understood by him. Since William has no diplomatic immunity. a university graduate and frequent visitor to the Philippines. Jara. embassy. embassy when he got into a heated argument with a private Filipino citizen. It is not practical to require the police officer to provide a lawyer of his own choice Page 220 of 445 Political and Public International Law . the confession is inadmissible. he killed the person he was arguing with. William refused the services of the lawyer. He also claimed that his Miranda rights were violated because he was not given the lawyer of his choice. Philippine courts have no jurisdiction because the U. Is William correct? Explain your answer.S. The police came. Under Section 2 (b) of Republic Act No. and that he should have been informed of his rights as soon as he was taken into custody. Upon reaching the station. The request was denied. with more reason it should be inadmissible against others. Crimes committed within them are subject to the territorial jurisdiction of the Philippines. a private American citizen. William protested his arrest. technically. (3%) (2009 Bar Question) SUGGESTED ANSWER: William is not correct. Then. that being an American. William was not denied his Miranda rights. William. Commissioner of Internal Revenue.S. not when he was already at the police station. He argued that since the incident took place inside the U. in halting English. in front of many shocked witnesses. The premises occupied by the United States Embassy do not constitute territory of the United States but of the Philippines. 30 SCRA 968 [1969]). 7438.

Article III of the Constitution. The imposable penalty for the crime charged is reclusion perpetua and the accused is a minor. because Article 68 of the Revised Penal Code is inapplicable and he is not entitled to the privileged mitigating circumstance under it. [Obosa v. c. c. If William applies for bail. as minimum. Bail is a matter of discretion for a minor charged with an offense punishable with life imprisonment. to twelve (12) years and four (4) months of reclusion temporal as maximum. (3%) (2009 Bar Question) SUGGESTED ANSWER: William should not be granted bail as a matter of right. because an appeal opens the whole case of review. The imposable penalty for the crime charged is life imprisonment and the accused is a minor. Bail is a matter of discretion for an accused convicted of homicide on a charge of murder. [Bravo v. which is punishable with reclusion perpetua to death. from the United States (Gamboa v. There is a possibility that he may be convicted of murder. Cruz. 266 SCRA 281 (1997)]. A minor charged with a crime punishable with reclusion perpetua is entitled to bail as a matter of right. Under Article 68 of the Revised Penal Code. 162 SCRA (c) [1988]). State with reason(s) whether bail is a matter of right or a matter of discretion in the following cases: a. his right to bail must be determined on the basis of Section 13.S. The accused has been convicted of homicide on a charge of murder and sentenced to suffer an indeterminate penalty of from eight (8) years and one (1) day of prision mayor. Page 221 of 445 Political and Public International Law . (4%) (2005 Bar Question) SUGGESTED ANSWER: a. This rules out reclusion perpetua. Lagasca. should William be granted bail as a matter of right? Reasons. State that has outlawed capital punishment. Borja. therefore. Court of Appeals. 134 SCRA 466 (1985)]. He is subject to Philippine criminal jurisdiction. His conviction shows the evidence of his guilt is strong. b. [People u. in case of conviction the penalty would be one degree lower than reclusion perpetua. claiming that he is entitled thereto under the “international standard of justice” and that he comes from a U. b. 148 SCRA 264 (1987)].

Johann was charged with rape in court but prior to arraignment invoked his right to preliminary investigation. 162 SCRA 840. Johann was arrested and locked up in a cell. Santiago. Is the trial judge correct? (2011 BAR) (A) Yes. (D) Yes. which was denied outright by the judge. 13 of the Constitution. trial proceeded. An information for murder was filed against X. along with six (6) other suspects. Johann now files a petition for certiorari before the Court of Appeals arguing that: He is entitled to bail as a matter of right. It is thus not a matter of right for him to be released on bail in such case. invoked the right to bail and filed a motion therefor. After examining the case records forwarded to him by the prosecution. Johann. sec. (1993 Bar Question) SUGGESTED ANSWER: In accordance with Art. it was held that the constitutional guarantee to bail may not be invoked in deportation proceedings. Coincidentally. May an alien invoke the constitutional right to bail during the pendency of deportation proceedings? (1989 Bar Question) SUGGESTED ANSWER: No. the trial judge should have held a hearing to ascertain the quality of the evidence of guilt that the prosecution had against X. an alien may not invoke the constitutional right to bail during the pendency of deportation proceedings. because they do not partake of the nature of a criminal action. (B) No. Decide. Johann may be denied bail if the evidence of his guilt is strong considering that the crime with which he is charged is punishable by reclusion perpetua. In Harvey vs. a neighbor. Johann through counsel. He went to the police station a week later and presented himself to the desk sergeant. the trial judge may evaluate the strength or weakness of the evidence based on the case records forwarded to him. (C) No. Johann learned that the police were looking for him in connection with the rape of an 18-year old girl. the trial judge should have conducted a hearing to ascertain first whether or not X was validly arrested. were placed in a police line-up and the girl pointed to him as the rapist. the trial judge granted bail to X based on the prosecution's manifestation that it was not objecting to the grant of bail. thus the judge should not have denied his motion to fix bail outright. and thus. the trial judge may reasonably rely on the prosecution's manifestation that he had no objection to the grant of bail. After the prosecution presented several witnesses. This was denied by the Judge. the rape victim was in the premises executing an extrajudicial statement. The court must first make a determination of the strength of the Page 222 of 445 Political and Public International Law . Ill.

(Section 13. If having done this the court finds the evidence not to be strong.) Although under Paragraph 5 of Article 13 of the Revised Penal Code the murder is mitigated by the fact that it was committed in the immediate vindication of the molestation of his daughter. Article III of the Constitution. After an extensive search. JC. that the evidence of his guilt is strong (Section 13. He requested several neighbors. Article III of the Constitution. The error of the trial court lies in outrightly denying the motion for bail of Johann. shall. bail is a matter of right even in capital offense. JC is not entitled to bail. evidence on the basis of evidence already presented by the prosecution. Page 223 of 445 Political and Public International Law . OZ lost five head of cattle which he reported to the police as stolen from his bam. before conviction. in case of conviction the penalty will be reclusion perpetua since the Revised Penal Code provides a single indivisible penalty for murder (Article 63 of the Revised Penal Code). or be released on recognizance as may be provided by law” (Section 13. because according to the constitution. RR could not explain to the police how they got hidden in a remote area of his farm. including RR. and give the accused the opportunity to present countervailing evidence. 2% State whether or not the law is constitutional. unless it desires to present some more. as amended). Is JC entitled to bail? Why or why not? (3%) (2008 Bar Question) SUGGESTED ANSWER: If the evidence of guilt is strong. for help in looking for the missing animals. unless it is determined. Article 248 of the Revised Penal Code. Article in of the Constitution). Explain briefly. then it becomes the right of Johann to be admitted to bail. ”[A]all persons. as amended. A law denying persons charged with crimes punishable by reclusion perpetua or death the right to bail. the police found two head in RR’s farm. since the penalty for murder is reclusion perpetua. is facing prosecution before the Regional Trial Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC’s) 15-year old daughter. Article 248 of the Revised Penal Code. except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. a major in the Armed Forces of the Philippines. (2006 Bar Question) SUGGESTED ANSWER: A law denying persons charged with crimes punishable by reclusion perpetua or death the right to be bail is unconstitutional. be bailable by sufficient sureties. after due hearing. SUGGESTED ANSWER: As a rule.

(2010 Bar Question) SUGGESTED ANSWER: The motion should be granted and the entry of judgment should be set aside. After the trial. She turned it over to the manager who. 234 SCRA 63 [1994]). Leonilo Maporma” whom he had chosen and who had acted as his counsel before the trial court and the Court of Appeals. and in the presence of agents. there is a great danger that any defense presented in his behalf will be inadequate considering the legal requisite and skill needed in court proceedings. There would certainly be a denial of due process. opened the attache case and saw packages which had a peculiar smell and upon squeezing felt like dried leaves. the accused filed a motion with the Court of Appeals to set aside the entry of judgment. sec. Norberto Malasmas was accused of estafa before the Regional Trial Court of Manila. (Dizon-Pamintuan v. and to remand the case to the Regional Trial Court for new trial on the ground that he had just discovered that “Atty. Court of Appeals. the contents of which upon laboratory examination. Unless he is represented by an attorney. how can they be reconciled? If not. After the records of his case had been remanded to the Regional Trial Court for execution. Larry was an overnight guest in a motel. his conviction was affirmed by the Court of Appeals. On appeal. Insisting on his innocence. which should prevail? (5%) (2004 Bar Question) SUGGESTED ANSWER: The two presumptions can be reconciled. he was found guilty. The presumption that RR is the one who stole the cattle of OZ is logical. opened the packages. Ill. After he checked out the following day. the manager made an opening on one of the packages and took several grams of the contents thereof. He took the packages to the NBI. is not a lawyer. The burden of evidence is shifted to RR. But there is another presumption—of theft arising from his unexplained possession of stolen cattle- under the penal law. Resolved the motion of the accused with reasons. It may be overcome by a contrary presumption founded upon human experience. to determine the name and address of the owner. because how he came into possession of the cattle is peculiarly within his knowledge. the chambermaid found an attache case which she surmised was left behind by Larry. An accused is entitled to be heard by himself or counsel. and after the latter Court had set the date for the promulgation of judgment. since he was found in possession of the stolen cattle. (Art. Are the two presumptions capable of reconciliation in this case? If so. 145 SCRA 357 (1986)). People. RR can prove his innocence by presenting evidence to rebut the presumption. turned Page 224 of 445 Political and Public International Law . RR consulted a lawyer who told him he has a right to be presumed innocent under the Bill of Rights. The presumption of innocence stands until the contrary is proved. (Delgado v. 14(2)). His curiosity aroused.

Can Danny claim that his confession be excluded on the ground that he was not afforded his "Miranda" rights? (1994 Bar Question) Page 225 of 445 Political and Public International Law . Danny made a confession to a newspaper reporter who interviewed him. Danny was placed in a police line-up where he was identified as the one who shot the victim. in accordance with Section 12(3). 338 U. Can Danny claim that his identification by the eyewitness be excluded on the ground that the line-up was made without benefit of his counsel? (1994 Bar Question) SUGGESTED ANSWER: No. (1993 Bar Question) Decide. Hatton. [People v. by an eyewitness during the line-up cannot be excluded in evidence. out to be marijuana flowering tops. California. rather than the Fifth Amendment (equivalent to Art. He was made to sign a receipt for the packages. such receipt is in effect an extrajudicial confession of the commission of an offense. 338 U. because it is not part of custodial investigation. 263 (1967). 209 SCRA 179. SUGGESTED ANSWER: The receipt is not admissible in evidence. Mirantes. it is inadmissible in evidence. Larry was subsequently found. the identification of Danny. On appeal. 14 (2) rather than Sec. Wade. According to the ruling in People vs. 142 SCRA 100 (1986)]. a private person. Duhan. 12 (1)). Sec. SUGGESTED ANSWER: Yes.S. the accused is not entitled to be assisted by counsel during a police line-up. he now poses the following issues: Neither is the receipt he signed admissible. it was held that on the basis of the Sixth. Larry was charged in court for possession of prohibited drugs. 218 (1967) and Gilbert v. Ill. In accordance with the ruling in People vs. He was convicted. in United States v. the police line-up is such a critical stage that it carries “potential substantial prejudice" for which reason the accused is entitled to the assistance of Counsel. brought to the NBI Office where he admitted ownership of the attache case and the packages. Article IV of the Constitution. if it was signed without the assistance of counsel. his rights under custodial investigation not having been observed. Hence. 210 SCRA 1.S. An information for parricide was filed against Danny. After the NBI found an eyewitness to the commission of the crime. After the line-up.

388 U. As held in People vs. Bernardo. 12 (1)). 218 (1967) and Gilbert vs. Johann. it may be argued that in United States vs. a neighbor. Danny cannot ask that his confession to a newspaper reporter should be excluded in evidence. were placed in a police line-up and the girl pointed to him as the rapist. 220 SCRA 31. Decide. 388 U. Can the statements of A be presented in court as his confession? Explain. was not represented by counsel during the “question and answer” stage. A. trial proceeded. who was arrested as a suspect in a murder case. (1993 Bar Question) SUGGESTED ANSWER: Pursuant to the decision in People vs. along with six (6) other suspects. SUGGESTED ANSWER: No. rather than the Fifth Amendment (equivalent to Art. sec. SCRA 111. the police lineup is such a “critical stage" that it carries “potential substantial prejudice" for which reason the accused is entitled to the assistance of counsel. He went to the police station a week later and presented himself to the desk sergeant. However. Ill. 14 (2) rather than sec. the counsel told the police investigator that A was ready to sign the statements. such an admission was not made during a custodial interrogation but a voluntary statement made to the media. The police line. After conferring with A. Johann was arrested and locked up in a cell. before he was asked to sign his statements to the police investigator. and thus. After the prosecution presented several witnesses. Wade. This was denied by the Judge. 263 (1967) it was held that on the basis of the Sixth. the rape victim was in the premises executing an extrajudicial statement. Coincidentally.S. Johann now files a petition for certiorari before the Court of Appeals arguing that: He should have been informed of his right to be represented by counsel prior to his identification via the police line up. invoked the right to bail and filed a motion therefor. since Johann was not being questioned but was merely being asked to exhibit his body for identification by a witness. California. Johann need not be informed of his right to counsel prior to his identification during the police line-up. Johann learned that the police were looking for him in connection with the rape of an 18-year old girl. Johann through counsel. which was denied outright by the judge. the latter provided A with a counsel. who happened to be at the police station. Johann was charged with rape in court but prior to arraignment invoked his right to preliminary investigation. 213. As an alternative answer.S. (1996 Bar Question) Page 226 of 445 Political and Public International Law . Casimillo.up is not part of custodial investigation.

Acd 232 SCRA 406. the Jeep driver. while on board a passenger jeep one night. the trio jumped off the passenger jeep and fled. in defense. A. SUGGESTED ANSWER: Yes. his confession is admissible if he was able to consult a lawyer before he signed. A and B positively identified C and D as the culprits. any identification of the accused in a police line-up is inadmissible. the right to counsel does not extend to police line-ups. after the start of custodial investigation. That done. Next morning A and B were summoned to the police station where five persons were lined up before them for identification. necklace and wallet containing P 100. He was not assisted by counsel during the actual questioning. SUGGESTED ANSWER: No. because they are not part of custodial investigations. 248 SCRA 471. Macon 238 SCRA 306. the Supreme Court held that the accused must be assisted by counsel during the actual questioning and the belated assistance of counsel before he signed the confession does not cure the defect. C and D and one John Doe were charged with robbery In an information filed against them in court. According to the Jeep driver. Rous. CompiL 244 SCRA 135. However. In People vs. arrest and confinement based on the identification made of them by A and B at a police line-up at which they were not assisted by counsel. There is no showing that the lawyer who belatedly conferred with him fully explained to him the nature and consequences of his confession. C and D set up. if the accused was not assisted by counsel. As held in People vs. and A complained to the police to whom they gave description of the culprits. even if the accused was not assisted by counsel during the questioning. As held in People vs. According to People vs. How would you resolve the issues raised by C and D? (1997 Bar Question) SUGGESTED ANSWER: The arguments of the accused are untenable. Lamsiiig. the statements of A cannot be presented in court as his confession. the illegality of their apprehension. was held up by a group of three teenagers who forcibly divested her of her watch. he would be able to identify the culprits if presented to him. the warrantless arrest of accused robbers immediately after their commission of the crime by police officers sent to look for them on the basis of the information related by the victims is valid under Section 5(b). After preliminary investigation. B. 242 SCRA 732. Rule 113 of the Rules on Criminal Procedure.00. Page 227 of 445 Political and Public International Law . the statements of A can be presented in court as his confession. according to People vs.

and the only participation of counsel assigned to him was his mere presence and signature on the statement. 135 SCRA. The admissibility of the statement of Ramos was placed in issue but the prosecution claims that the confession was taken on October 1. took effect only on February 2. the Supreme Court already laid down strict rules on waiver of the rights during investigation in the case of People u. Galit. 1985. Castro. Galang was made to sign a receipt for the plastic bag and its shabu contents. Galang should have been assisted by counsel as required by Article III. In the course of the interrogation by NBI agents. He brought the powdery substance to the National Bureau of Investigation for laboratory examination and it was determined to be methamphetamine hydrochloride or shabu. 1985 and the 1987 Constitution providing for the right to counsel of choice and opportunity to retain. a prohibited drug. 1987 and cannot be given retroactive effect. (2002 Bar Question) SUGGESTED ANSWER: The receipt which Galang signed without the assistance of counsel is not admissible in evidence. a few hundred peso bills. Rule on this. (2%) Decide the case with reasons. On appeal he contends that – The receipt he signed is also inadmissible as his rights under custodial investigation were not observed. 1985. 465 (1985). Ramos was arrested by a security guard because he appeared to be “suspicious" and brought to a police precinct where in the course of the investigation he admitted he was the killer in an unsolved homicide committed a week earlier. and a small plastic bag containing a white powdery substance. As held in People v. since the receipt is a document admitting the offense charged. The proceedings of his investigation were put in writing and dated October 1. The fact that his confession was taken before the effectivity of the 1987 Constitution is of no moment. Even prior to the effectivity of the 1987 Constitution. Section 11 of the Constitution Page 228 of 445 Political and Public International Law . and without the presence and assistance of counsel. When the conductor opened the bag. Galang was charged with illegal possession of prohibited drugs and was convicted. Dante Galang was subsequently traced and found and brought to the NBI Office where he admitted ownership of the handbag and its contents. One day a passenger bus conductor found a man's handbag left in the bus. 274 SCRA 115 (1997). (3%) (2000 Bar Question) SUGGESTED ANSWER: The confession of Ramos is not admissible. he found inside a calling card with the owner’s name (Dante Galang) and address. On October 1. since the counsel assigned to him did not advise him of his rights.

cross-examine the witness. the trial court proceeded as follows: "Court: to the accused: Q: "Do you have an attorney or are you going to plead guilty?" A: "I have no lawyer and i will plead guilty. d. be heard. SUGGESTED ANSWER: (D) SECTION 13. and his failure to appear is unjustifiable. offenses punishable by life imprisonment when evidence of guilt is strong. Criminal trial may proceed. pleaded guilty. the Supreme Court reversed. identify the witness. except those charged with: (2012 BAR EXAMS) a. before conviction. offenses punishable by death when evidence of guilt is strong. be informed of the witness. All persons charged shall. after: (2012 BAR EXAMS) Page 229 of 445 Political and Public International Law . c. offenses punishable by reclusion perpetua when evidence of guilt is strong. b. 85 PHIL 752 The constitutional right of an accused "to meet the witnesses face to face" is primarily for the purpose of affording the accused an opportunity to: (2012 BAR EXAMS) a. c. b. right to production of evidence. right to counsel." Accused was then arraigned. notwithstanding the absence of the accused provided that he has been duly notified. d. On the day set for the trial. d. ARTICLE III OF CONSTITUTION Accused was charged with slight illegal detention. c. offenses punishable by death when evidence of guilt is weak. be bailable by sufficient sureties. right to cross-examination. The accused was deprived of his: (2012 BAR EXAMS) a. b. SUGGESTED ANSWER: (C) PEOPLE VS HOLGADO. was found guilty and sentenced. right to be presumed innocent. On appeal.

Wherein he/she allows himself/herself to be identified by the witness in his/her absence. If validly declared. despite notice. had notice. SUGGESTED ANSWER: (B) CARREDO VS. (C) Yes. Wherein his/her failure to appear is unjustifiable. and his absence was unjustified. A. arraignment. the court is mandated to hold trial in absentia when the accused had been arraigned. (B) Yes. what would be the full consequences of such suspension? (1997 Bar Question) Page 230 of 445 Political and Public International Law . preliminary investigation. Since he was admitted to bail. SUGGESTED ANSWER: (B) SECTION 19. Writ of habeas corpus Accused X pleaded not guilty to the charge of homicide against him. But he did not show up. d. c. prosecution has rested its case. b. they sent him notices to attend the hearings of his case. b. PEOPLE. a. mistake. it remains discretionary on the court whether to conduct trial in absentia even if the accused had been arraigned and had notice and did not justify his absence. it shall be understood to refer to him/her. Wherein he/she has been duly notified of the trial. it is within the court's discretion to determine how many postponements it will grant the accused before trying him in absentia. without further unqualified admitting that every time a witness mentions a name by which he/she is known. d. accident. Is the court correct? (2011 BAR) (A) No. or excusable negligence. in four successive hearings without offering any justification. (D) No. Wherein the accused has already been arraigned. c. sentencing. The prosecution moved to present evidence in absentia but the court denied the motion on the ground that the accused has a right to be present at his trial. ARTICLE III OF CONSTITUTION The requisites of a valid trial in absentia exclude: (2012 BAR EXAMS) a. the court may reject trial in absentia only on grounds of fraud. When may the privilege of the writ of habeas corpus be suspended? (1997 Bar Question) B. 183 SCRA 373 Q.

grave danger of invasion or rebellion when the public safety requires it. According to Section 18. d. the suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged with rebellion or offenses inherent in or directly connected with invasion. Any person arrested or detained should be judicially charged within three days. Vannie. that uniformed security guards had invited him for a talk in their office but he refused to come. Under Section 18. Writs of amparo. Conrad appeared to have relented. ARTICLE VII OF CONSTITUTION R. Later that day. B. 2013. Article VII of the Constitution. Nobody saw him leave the office afterwards. he should be released. imminent danger of invasion or rebellion when the public safety requires it. however. the owner and developer of Sagittarius Estates where a series of robberies has recently taken place. He is also suspected of being a member of the notorious “Akyat-Condo Gang” that has previously broken into and looted condominium units in the area. Article VII of the Constitution. the right to ball shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Page 231 of 445 Political and Public International Law . SUGGESTED ANSWER: (D) SECTION 18. he was seen walking into the security office flanked by two security guards. The privilege of the writ of habeas corpus shall not be suspended except in cases of: (2012 BAR EXAMS) a. the privilege of the writ of habeas corpus may be suspended when there is an invasion or rebellion and public safety requires it. Moreover. invasion or rebellion when the public safety requires it. Article III of the Constitution. under Section 13. b. and kalikasan Conrad is widely known in the neighborhood as a drug addict. c. clear and present danger of invasion or rebellion when the public safety requires it. Conrad informed his mother. habeas data. On March 1. SUGGESTED ANSWER: A. Retired Army Colonel Sangre — who is known as an anti-terrorism fighter who disclaimed human and constitutional rights and has been nicknamed “terror of Mindanao” — is now the Head of Security of Capricorn Land Corporation. Otherwise.

Sangre cannot be held responsible for the disappearance of Conrad. Sangre be held liable and/or responsible for Conrad’s disappearance? (6%) 2013 BAR EXAMS SUGGESTED ANSWER: (A) The advice of Vannie’s counsel that she file a petition for a writ of amparo is not correct. Col. 186050.R. G. 5(5) of the Constitution. Macapagal-Arroyo. She thus reported Conrad’s disappearance to the police. such as the directive to file the appropriate criminal and civil cases against the responsible parties (Razon Jr. No. Conrad did not go home that night and was never seen again. What is a Constitutional writ of Amparo and what is the basis for such a remedy under the Constitution? (1991 Bar Question) SUGGESTED ANSWER: The writ of Amparo in Mexican law is an extraordinary remedy whereby an interested party may seek the invalidation of any executive. December 13. 662 SCRA 312). Sangre’s reputation. Vannie feared the worst because of Col. G. ALTERNATIVE ANSWER: Although the writ of amparo does not pinpoint criminal culpability for a disappearance.. Sangre and the Sagittarius Security Office to produce Conrad and to hold them liable and responsible for Conrad’s disappearance. Command responsibility has no applicability to an amparo proceeding (Rubrico v.R. No. The adoption of such a remedy in the Philippines may be based on Article VIII. 182498. legislative or judicial act deemed in violation of a fundamental right. There is no shoeing of any participation of the government in Conrad’s disappearance (Navia v. June 19. In order that a writ of amparo can be availed of against a private individual for the disappearance of someone. It may be established merely to enable the court to craft the appropriate remedies against the responsible parties (Balao v. (B) No. 184467. as a measure of the remedy. Responsibility refers to the extent the actors have been established to have participated in an enforced disappearance. February 18. Macapagal-Arroyo. Pardico. 2011. 606 SCRA 598). Sec. No. 2012. No. (A) Did Vannie’s counsel give the correct legal advice? (6%) (B) If the petition would prosper. the involvement of the government is indispensable.R. v. The following week and after a week-long search. 673 SCRA 618). G. Vannie — a the advice of counsel — filed a petition for a writ of amparo to compel Col. 613 SCRA 233). which empowers the Supreme Court to promulgate rules concerning the protection and enforcement of constitutional Page 232 of 445 Political and Public International Law . for the purpose of imposing the appropriate remedy. it determines responsibility.R. Tagitis. to be crafted. When nothing concrete resulted from the police investigation. 2010. G. can Col. 183871. 2009. December 3.

Application 3. rights. Arnold did not contest the guard’s statement. grabbed the matchbox. the guard testified and narrated the statements he gave the police over Arnold’s counsel’s objections. Arnold unthinkingly opened the matchbox to light his cigarette and as he did so. the accused against self. Foreign laws 2. another state to extradite a fugitive from justice. Immunity statutes The right of the state to prosecute crimes by available evidence must yield to the right of: 2013 BAR EXAMS A. Self-incrimination clause 1. After confirming that the matchbox contained marijuana. he steadfastly remained silent and refused to give any written statement. he is charged with violation of the Anti-Money Laundering Act and he was required to produce his bank passbook. Later in court. relying largely on his admission of the charge by silence at the police investigation and during trial. While Arnold presented his own witnesses to prove that his possession and apprehension had been set-up. C. he is a public officer charged with amassing ill-gotten wealth and his statement of assets and liabilities will be presented as evidence. Arnold — who was holding an unlit cigarette in this right hand — was handed a match box by someone standing near the doorway. a sample of his blood was taken if his blood type matches the blood type found at the scene of the crime. The guard immediately frisked Arnold. which the guard noticed. was the court correct in its ruling? (6%) 2013 BAR EXAMS Page 233 of 445 Political and Public International Law . The court convicted Arnold. the guard narrated to the police that he personally caught Arnold in possession of dried marijuana leaves. As he was entering a bar. he himself did not testify. B. the state to deport undesirable aliens.incrimination. the complainant to drop the case against the accused The right of the accused against self-incrimination will be violated if: (2012 BAR EXAMS) a. a sprinkle of dried leaves fell out. c. From the constitutional law perspective. D. Scope and coverage a. At the police station. and sniffed its contents. his gun was subjected to a ballistics test. S. d. b. he immediately arrested Arnold and called in the police.

No. head of states. Section 12 of the 1987 Constitution. exclusive. waive jurisdiction. Alienmae is a foreign tourist. such principle of territoriality can be exercised by the State to get the information it needs to proceed with the case. 5) foreign armies passing through or stationed in its territories with its permission. 157221. 124127.R. the are a few exceptions on when a state cannot exercise jurisdiction even within its own territory. she said that the questions being asked might tend to elicit incriminating answers insofar as her home state is concerned. Alienmae answered all the questions asked. by agreement. SUGGESTED ANSWER: The court was wrong in relying on the silence of Arnold during the police investigation and during the trial. No. diplomatic representatives. Page 234 of 445 Political and Public International Law . There is no showing that the evidence for the prosecution was insufficient. When she was pressed to elucidate. he runs the risk of an interference of guilt from non-production of evidence in his behalf (People v. and consults to a certain degree. Alienmae cannot invoke her right against self-incrimination even if the fear of incrimination is in regard to her foreign law. Under the territoriality principle. 128 SCRA 217). 519 SCRA 521). When Arnold remained silent. The jurisdiction of the nation within its own territory is necessary. June 29. Considering that his right against self-incrimination protects his right to remain silent. his right to remain silent would be rendered nugatory.R. that she is a foreign tourist who received a complaint for fraud. ALTERNATIVE ANSWER: The court correctly convicted Arnold. G. otherwise. Solis G. March 30. to wit: 1) foreign states. he cannot be penalized for exercising it (People v. the general rule is that a state has jurisdiction over all persons and property within its territory. 2007. Under Article III. 1998. 2) foreign state property. over which it may. However. except in regard to some matters in which she invoked her right against self-incrimination. She was asked certain questions in regard to a complaint that was filed against her by someone who claimed to have been defrauded by her. including organisations like the United Nations. Could Alienmae invoke the right against selfincrimination if the fear of incrimination is in regard to her foreign law? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: No. Galvez. 4) foreign merchant vessels exercising rights of innocent passage or arrival under stress. and 6) such other persons or property. His silence cannot be taken as a tacit admission. he had the right to remain silent. 3) acts of state. Seeing that the circumstances surrounding Alienmae do not fall under those exceptions. and absolute.

1. because of compelling government interest in safety along the streets.S. but there must be a provision for a post-suspension hearing. Requiring a driver to take a breathalyzer test does not violate his right against self- incrimination. Furthermore. because it allows police authorities to require a drive to take the breathalyzer test even if there is no probable cause. because he is not being compelled to give testimonial evidence. Montryn. When should the defendant invoke the privilege against self- incrimination? (1990) Page 235 of 445 Political and Public International Law . it was held for this reason that requiring a driver to take a blood-alcohol test is valid. Neville. it should provide for an immediate hearing upon suspension of the driver’s license. in any legal proceeding against him. It will authorize police authorities to stop any driver and ask him to take the breathalyzer test even in the absence of a probable The privilege of self-incrimination must be timely invoked. The proposed law violates the right against unreasonable searches and seizures. Thus. This is not covered by the constitutional guarantee against self-incrimination. to save the proposed law from unconstitutionality on the ground of denial of due process.S. Resolve the objections and explain whether any such infirmities can be cured. police authorities may ask any driver to take a “breathalyzer test”. the law provides that a driver who refuses to take the test shall be automatically subject to a 90-day suspension of his driver’s license. declaring that the issuance of a driver's license gives rise only to a privilege to drive motor vehicles on public roads. that providing for the suspension of his driver’s license without any hearing violates due process. and that the proposed law will violate the right against unreasonable searches and seizures. otherwise it is deemed waived. In a civil case. The results of the test can be used. As held in Mackey vs. wherein the driver exhales several times into a device which can determine whether he has been driving under the influence of alcohol. Congress is considering a law against drunken driving. the plaintiff called the defendant a hostile witness and announced that the defendant would be asked incriminating questions in the direct examination. in South Dakota us. Under the legislation. 443 U. 553.' He is merely being asked to submit to a physical test. 1. Cite two (2) possible constitutional objections to this law. (1992 Bar Question) SUGGESTED ANSWER: Possible objections to the law are that requiring a driver to take the breathalyzer test will violate his right against self-incrimination. the license of a driver who refuses to take the breathalyzer test may be suspended immediately pending a post-suspension hearing. 459 U. Thus.

(B) another State to extradite a fugitive from justice. the defendant should take the witness stand and object when a question calling for an incriminating question is propounded. As held in Bagadiong v. records. Suppose Congress passed a law to implement the Constitutional principle that a public office is a public trust. (1990 Bar Question) SUGGESTED ANSWER: 1. by providing as follows: "No employee of the Civil Service shall be excused from attending and testifying or from producing books. (Suarez v. Board of Medical Examiners. (D) the complainant to drop the case against the accused. The right of the State to prosecute crimes by available evidence must yield to the right of (2011 BAR) (A) the accused against self-incrimination. Tongco. because an unfavorable decision would result in the revocation of the license of the respondent to practice medicine. When should the accused invoke the privilege against self-incrimination? (1990) 3. (C) the State to deport undesirable aliens. documents or other evidence in any administrative investigation concerning the office in which he is employed on the ground that his testimony or the evidence required of him may tend to incriminate him or Page 236 of 445 Political and Public International Law . Consequently. In a criminal case. Unlike in proceedings which are criminal in character in which the accused can refuse to testify. the complainant called C to the witness stand. because the purpose of calling him as a witness for the prosecution has no other purpose but to incriminate him. 2 SCRA 71) 2. Court of Appeals. 2. in a criminal case the accused may altogether refuse to take the witness and refuse to answer any question. 28 SCRA 344. 94 SCRA 906. When should C invoke the privilege against self-incrimination? Explain your answers to the three questions. As in a criminal case. C can refuse to take the witness stand and refuse to answer any question. 3. correspondence. 24 SCRA 663. he can refuse to take the witness stand. the prosecution called the accused to the witness stand as the first witness in view of certain facts admitted by the accused at the pre-trial. De Guzman. As held in Chavez u. the defendant must wait until a question calling for an incriminatory answer is actually asked. In Pascual v. In an administrative case for malpractice and the cancellation of license to practice medicine filed against C. it was held that an administrative case for malpractice and cancellation of the license to practice medicine is penal in character.

on the other hand. he may not refuse to answer. is dismissed from the service. Can he assert that his dismissal is based on coerced confession? |3%] (1998 Bar Question) SUGGESTED ANSWER: 1. 591. Provided. if Ong is being cited merely as a witness. 597. Jarencio.S. However. can he argue that the Civil Service Commission has inferred his guilt from his refusal to answer in violation of the Constitution? (3%) (1998 Bar Question) 3. As stated by the United States Supreme Court in Brown vs. Court of Appeals. In accordance with Evangelista vs. No. 1. The rule is satisfied when he is granted immunity. a member of the Professional Regulatory Board. Can Ong refuse to answer questions on the ground that he would incriminate himself? [4%] (1998 Bar Question) 2. 68 SCRA 99. he answers the question and on the basis of his answers. Suppose he refuses to answer. matter or thing concerning which is compelled. is required to answer questions in an investigation regarding a LEAKAGE in a medical examination. but his testimony or any evidence produced by him shall not be used against him in criminal prosecution based on the transaction. however. Page 237 of 445 Political and Public International Law . under the ruling in Chavez vs. Walker. 680. Ong cannot refuse to answer the question on the ground that he would incriminate himself. that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying nor shall he be exempt from demotion or removal from office." Suppose further. Any employee who refuses to testify or produce any documents under this Act shall be dismissed from the service. 107-108. if he is a respondent. what the constitutional prohibition against self-incrimination seeks to prevent is the conviction of the witness on the basis of testimony elicited from him. to testify or produce evidence. subject him to a penalty or forfeiture. Ong may refuse to answer any question because of his right against self- incrimination. he is found guilty and is dismissed. 24 SCRA 663. if the question tends to violate his right against self -incrimination. 161 U. On the other hand. Suppose. since the law grants him immunity and prohibits the use against him in a criminal prosecution of the testimony or evidence produced by him. he may object to it. and for that reason. that Ong. after invoking his privilege against self-incrimination. ALTERNATIVE ANSWER: 1.

No Ong cannot argue that the Civil Service Commission inferred his guilt from his refusal to answer. the accommodation between the interest of the State and the Fifth Amend-ment requires that the State have means at its disposal to secure testimony if immunity is supplied and testimony is still refused. but ruled that in the next scheduled hearing. At the initial hearing of the administrative complaint. The respondent through counsel. He could be compelled to answer the question on pain of being dismissed in case of his refusal. Dr.S 70. the complainant’s counsel called the respondent as his first witness. Yes. 86 5 Ct 1531 (1966). Tomas took liberties with her person and kissed her while she was under the treatment at the latter’s clinic. He was charged with immorality before the Board of Dentistry by a lady patient. Sto. Tomas is a practicing dentist in Marikina. Metro Manila. 500. the United States Supreme Court said: "Furthermore. Tomas is decided not to testify. because he was granted immunity. The Board noted the objection. In Garrity vs. He was not dismissed because of his involvement in the leakage in the medical examination but for his refusal to answer. 414 U. as the right he claims is not available in administrative investigations. SUGGESTED ANSWER: 2. claiming his constitutional right to be exempt from being a witness against himself. 385 U. Turley." 3. 493. Also. but only in criminal prosecutions. by use of civil contempt and coerced imprisonment. 84. In Lefkowitz vs. a month and a half later." Dr. who claims that Dr. 384 US 364. Ong can argue that his dismissal was based on coerced confession. New Jersey. Shilitani v. This is recognized by the power of courts to compel testimony. given adequate immunity the State may plainly insist that employees either answer questions under oath about the performance of their job or suffer the loss of employment. what would you do? Why? (1988 Bar Question) SUGGESTED ANSWER: Page 238 of 445 Political and Public International Law . United States. 16 L Ed 2d 622. the United States Supreme Court held: “ We now hold the protection of the individual under the Fourteenth Amendment against coerced statements prohibits use in subsequent criminal proceedings of statements obtained under threat of removal from office. objected vigorously. after a grant of immunity. and that it extends to all. whether they are policemen or other members of the body politic.S. This is a violation of the law. Sto. As his lawyer. Juan Sto. the respondent would be called to testify as a witness.

Borja objected to the admission in evidence of the apparel. In some aspects it is similar to criminal proceedings and. SUGGESTED ANSWER: The best answer is: (c). fingerprints comparison and the results of the paraffin test. In Pascual v. photographed. 28 SCRA 344 (1969). and his body may be examined.65 meters. An accused may be compelled to be photographed or measured. At his trial. was seen nearby. B. the rights guaranteed by Section 12. Article III of the Constitution applies only against testimonial evidence. When he is compelled to produce his bankbooks to be used as evidence against his father charged with plunder. therefore. 261 SCRA 615 (1996). When he is ordered by the trial court to undergo a paraffin test to prove he is guilty of murder. When the president of a corporation is subpoenaed to produce certain documents as proofs he is guilty of illegal recruitment. it was held that the revocation of a license as a medical practitioner can be an even greater deprivation than mere forfeiture of property. the respondent cannot be made to testify as a witness for the complainant. an eyewitness described to the police that the slayer wore white pants. He was taken into custody and brought to the police precinct where his pants. Rule on the objection. Board of Medical Examiners. had boots and was about 70 kilos and 1. A man was shot and killed and his killer fled. An accused’s right against self-incrimination is violated in the following cases: 5% (2006 Bar Question) A. (2%) (2000 Bar Question) SUGGESTED ANSWER: The objection of Borja is not tenable. D. a shirt with floral design. Pay nor. The privilege against self-incrimination is available not only in judicial proceedings but also in administrative investigations. When he is ordered to produce a sample of his handwriting to be used as evidence that he is the author of a letter wherein he agreed to kill the victim. measured. his photographs. his garments may be removed. who fit the description given. As held in People v. his height and weight. Moments after the shooting. Borja. asserting that these were taken in violation of his right against self-incrimination. shirt and boots were forcibly taken and he was weighed. fingerprinted and subjected to paraffin testing. ordering the accused to produce a sample of his handwriting to Page 239 of 445 Political and Public International Law . C. I will file a petition for prohibition with prayer for preliminary injunction with the Regional Trial Court. Select the best answer and explain.

Accompanied by court- designated Commission on Human Rights (CHR) lawyers. Decide with reasons. because he is the public officer who had custody of it. The Court of Appeals ordered Joy to transcribe her notes. A took photographs ofa suspected isolation cell where her husband was allegedly seen being held for three days and tortured before he finally disappeared. 570.) T. Joy. 244 SCRA 286 [1995]. He cannot object to the request for him to confirm his custody of the master plan. 53 Phil. She left unfinished the transcription of her notes in a criminal case which was on appeal. (B) substitute penalty for one who has been duly tried for a crime. (1993 Bar Question) Page 240 of 445 Political and Public International Law . She refused to comply with the order reasoning that she was no longer in the government service. Producing a sample of his handwriting may identify him as the writer of the letter (Beltran v. if any. because it is a public record. the court issued inspection and production orders addressed to the AFP Chief of Staff to allow entry at Camp Aquino and permit the copying of relevant documents. applied for the issuance of a Writ of Amparo before a Regional Trial Court in Tarlac. Involuntary servitude and political prisoners Involuntary servitude may be required as (2011 BAR) (A) part of rehabilitation of one duly charged with a crime. (D) condition precedent to one's valid arraignment. Upon motion of A. Vasquez. an RTC stenographer. including the list of detainees. [1929]). (C) punishment for a crime where one has been duly convicted. because it requires the application of intelligence and attention. (4%) (2010 Bar Question) SUGGESTED ANSWER: The objection of Lt. Lt. the wife of an alleged victim of enforced disappearance. Samson. The right against self -incrimination refers to testimonial evidence and does not apply to the production of a photocopy of the master plan of Camp Aquino. Joy filed a petition for habeas corpus arguing that her incarceration is tantamount to illegal detention and to require her to work sans compensation would be involuntary servitude. Valdez for a photocopy of the master plan of Camp Aquino and to confirm in writing that he had custody of the master plan. Valdez is not valid. Decide. retired at the age of 65. The CHR lawyers requested one Lt. A. The CA declared Joy in contempt of court and she was incarcerated. Valdez objected on the ground that it may violate his right against self-incrimination. (Almonte v. be used as evidence to prove that he is the author of a letter in which he agreed to kill the victim as this will violate his right against self-incrimination. Writing is not a purely mechanical act.

U. SUGGESTED ANSWER: (c) SECTION(1) ARTICLE III OF CONSTITUTION V. Section 13 of Presidential Decree No. the Court of Appeals may order her to transcribe her stenographic notes even if she is no longer in the government service. the entrustee is liable for estafa under the RPC. 115 does not violate the constitutional right Page 241 of 445 Political and Public International Law . 64 SCRA 132. unless for compelling reasons involving heinous crimes and Congress hereafter provides for it. Neither can she claim that to require her to work without compensation is tantamount to involuntary servitude. because it is the consequence of her disobedience of the court order. Gatmaitan. The death penalty shall not be imposed: (2012 BAR EXAMS) a. (1993 Bar Question) SUGGESTED ANSWER: No. b. her incarceration does not constitute illegal detention. d. It is lawful. (D) degrading and queer penalties. SUGGESTED ANSWER: Joy can be incarcerated for contempt of court for refusing to transcribe her stenographic notes. (C) unusual penal methods. Does this provision not violate the constitutional right against imprisonment for non-payment of a debt? Explain. unless for compelling reasons involving heinous crimes and the Supreme Court hereafter upholds it. 13 of PD 115 (Trust Receipts Law) provides that when the entrustee in a trust receipt agreement fails to deliver the proceeds of the sale or to return the goods if not sold to the entrustee-bank. As held in Aclaracion v. Since courts have the inherent power to issue such orders as are necessary for the administration of justice. unless for compelling reasons involving heinous crimes and a constitutional amendment provides for it. Excessive fines and cruel and inhuman punishments The Constitution prohibits cruel and inhuman punishments which involve (2011 BAR) (A) torture or lingering suffering. unless for compelling reasons involving death penalty crimes and the executive hereafter provides for it. c. (B) primitive and gross penalties. Non-imprisonment for debts Sec.

Penalizing such an act is a valid exercise of police power. No. c. Granted. No. Yes. the prosecutor moves for dismissal over Page 242 of 445 Political and Public International Law . After innumerable postponements against Pot’s wishes. He moved for its dismissal on the ground that the jumper cable was within the territorial jurisdiction of Mandaluyong and not Makati. Rodil. He was prosecuted under a Makati ordinance penalizing such act. Motions for reconsideration and appeals 3. Prosecutor objected. the criminal liability arises from the violation of the trust receipt. against imprisonment for non-payment of a debt. Pot is accused before the RTC of qualified theft. Pot is accused before the RTC of qualified theft. Pot is accused before the RTC of qualified theft. After innumerable postponements against Pot’s wishes. the prosecutor moves for dismissal with the consent of Pot. d. Prosecutor posts no objections. b. 411 Scra 148 In which of the following would there be no double jeopardy even if a subsequent case is filed? (2012 BAR EXAMS) a. Yes. After innumerable postponements against Pot’s wishes. Pot is accused before the RTC of qualified theft. c. He is prosecuted for the same offense which has already been dismissed by the City of Makati. As held in Lee vs. (See also People vs. he moves for dismissal for denial of the right to a speedy trial. Requisites 2. b. W. 207 SCRA 730). Dismissal with consent of accused Butchoy installed a jumper cable. Double jeopardy 1. The first jeopardy was terminated with his express consent. After innumerable postponements against Pot’s wishes. d. Nitafan. SUGGESTED ANSWER: (D) Zapatos Vs People. The City of Mandaluyong thereafter filed a case against him for theft under the Revised Penal Code (RCP). 175 SCRA 100. Is there double jeopardy? (2012 BAR EXAMS) a. The second kind of double jeopardy under Section 21. he moves for dismissal for denial of the right to a speedy trial. which is separate and distinct from the loan secured by it. The case was dismissed. Article III only contemplates conviction or acquittal which could terminate a first jeopardy. Dismissal granted. This is double jeopardy of the second kind – prosecution for the same act under an ordinance and a law. Dismissal granted.

It was only a year later that he was arraigned in the reckless imprudence charge before the RTC. Would the grant of the motion for postponement have violated the accused’s right to speedy trial? (2%) (2000 Bar Question) Page 243 of 445 Political and Public International Law . before the RTC. the prosecution moved for its postponement and cancellation of the other settings because its principal and probably only witness. RULE 117 OF THE RULES ON CRIMINAL PROCEDURE A Pajero driven by Joe sideswiped a motorcycle driven by Nelson resulting in damage to the motorcycle and injuries to Nelson. before the MTC. As held in Lamera v. Joe filed a petition for review before the Court of Appeals. He pleaded not guilty. 8 and 9. Granted. 2 Art. RPC. and (2) abandonment of one's victim under par. 198 SCRA 186. there is no double jeopardy. SUGGESTED ANSWER: (B) SECTION 8. tried and convicted for abandonment of one’s victim in the MTC. Joe sped on without giving assistance to Nelson. contending that the prosecution for abandonment under Art.2000. Failure to help one’s victim is not an offense by itself nor an element of reckless imprudence. He appealed to the RTC. The Fiscal filed two informations against Joe. the private complainant Francisco. Subsequently. the objections of Pot. Charged by Francisco with libel. Joe was arraigned. (1993 Bar Question) SUGGESTED ANSWER: Joe cannot claim that his conviction for abandoning his victim in violation of Article 275 of the Revised Penal Code is a bar to his prosecution for negligence under Article 365 of the Revised Penal Code. It merely increases the penalty by one degree. Pablo was arraigned on January 3. while abandonment of one’s victim is a crime falling under the chapter on crimes against security. Decide. 275.for failure to prosecute. The former is committed by means of culpa. invoking his right to double jeopardy. Reckless imprudence is a crime falling under the chapter on criminal negligence. because these two offenses are not identical. to wit: (1) reckless imprudence resulting in damage to property with physical injuries under Art. Court of Appeals. 365. The judge instead dismissed the case . 275 of the Revised Penal Code is a bar to the prosecution for negligence under Article 365 of the same Code. A. 2000. suddenly had to go abroad to fulfill a professional commitment. Pre-trial was dispensed with and continuous trial was set for March 7. while the latter is committed by means of dolo. the RTC affirmed the decision of the MTC relative to the abandonment of one’s victim charge. On the first setting.

Since the dismissal of the case is valid. May the Provincial Fiscal of Sulu appeal such judgment of acquittal to the Supreme Court. Since continuous trial of cases is required and since the date of the initial hearing was set upon agreement of all parties. because it would place the accused in double jeopardy. the motion should be granted ALTERNATIVE ANSWER: A. The grant of the motion for postponement would not have violated the right of the accused to speedy trial. Since the postponement of the case would not violate the right of the accused to speedy trial. (1988 Bar Question) SUGGESTED ANSWER: No. for an alleged offense. PD No. They could not be released and returned to the Philippines. like what the Malaysians did in the case of the Filipino fishermen at Kota Kinabalu? Explain your answer. allegedly fishing in Malaysian territorial waters. 255 SCRA 238 (1996). and the prosecution should be afforded a fair opportunity to prosecute its case. the need for the offended party to attend to a professional commitment is a valid reason. by the sessions court in the same city. charged before the Regional Trial Court and after trial acquitted. B. after trial. Would the reversal of the trial court's assailed dismissal of the case place the accused in double jeopardy? (3%) (2000 Bar Question) SUGGESTED ANSWER: A. Assume the situations had been reversed and a Malaysian had been apprehended in Shasi. ALTERNATIVE ANSWER: B. sec. The Filipino seamen detained at Kota Kinabalu. the precipitate dismissal of the case is void. The reversal of the dismissal will not place the accused in double jeopardy. As held in People v. had been acquitted. Sulu. 1599 prohibits any person not a citizen to explore or exploit any of the resources of the exclusive economic zone and makes violation of the Page 244 of 445 Political and Public International Law . contrary to art. including the private complainant. since the motion for postponement was the first one requested. Ill. SUGGESTED ANSWER: B. its reversal will place the accused in double jeopardy. because the prosecution had appealed the judgment of acquittal to the Supreme Court of Malaysia. the Judge properly dismissed the case for failure to prosecute. 21 of our Constitution. no substantial right of the accused would be prejudiced. Leuiste.

United States.00 and/or imprisonment of not less than 6 months nor more than 10 years. 95 Phil. If aliens are arrested for fishing within this zone but for some reason are acquitted. The dismissal of the first case is void and Page 245 of 445 Political and Public International Law . 500) prohibiting the operation in the streets of cities throughout the country of taxicab units beyond ten years old. Ang Chio Kio. Intermediate Appellate Court. he pleaded not guilty. whereupon. This guarantee has been applied even to aliens without thought of their citizenship. 500-for operating the taxicab unit subject of the information in the first case. 1000. 97 Phil. Under Section 21. People v.000. Thereafter. 179 SCRA 54. SUGGESTED ANSWER: If I were the judge. the City Court dismissed the case against A The City Prosecutor of Manila forthwith filed another information in the same court charging A with violation of Republic Act No. Congress enacted a law (Republic Act No. People v. The imposable penalty for violation thereof is the same as in Ordinance No. and while the city ordinance was already in effect. The accused moved to dismiss the second case against him invoking double Jeopardy.000. the decision against them cannot be appealed to the Court of Appeals because that would place them in double jeopardy. conviction or acquittal under either bars another prosecution for the same act.000. the dismissal of a case for failure of the witnesses for the prosecution to appear constitutes an acquittal. This is so well established that the Supreme Court turned down many pleas for reexamination of the doctrine first announced in Kepner v.g. An owner/operator of a taxicab unit operating in the City of Manila. The Sangguniang Panlungsod of Manila approved an ordinance (No. 927 (1955) (American previously convicted of rebellion with murder. arson and robbery).. I would grant the motion. 1000 bars his prosecution for violation of Republic Act No. How would you rule on A’s motion if you were the Judge? (1997 Bar Question) SUGGESTED ANSWER: If I were the judge. The dismissal of the first case for failure of the witnesses to appear terminated the first jeopardy. 669 (1904). Pomeroy. if an act is punished by a law and an ordinance. Upon arraignment. trial was set five days thereafter. For failure of the witnesses to appear at the trial. Nor does it matter that the accused are aliens. (See e. was charged with violation of the city ordinance. I would deny the motion. prohibition a crime punishable by a fine of P2. 500.00 to P100.00 or imprisonment for one year upon the erring operator. Article III of the Constitution. 475 (1954) (Chinese previously convicted of murder). The doctrine is said to be part and parcel not only of settled jurisprudence but also of constitutional law. As held in Caes vs. 1000) prohibiting the operation in the streets within the city limits of taxicab units over eight years old (from year of manufacture). The imposable penalty for violation thereof is a fine of P4. 11 Phil. The acquittal of A for violation of Ordinance No.

According to Melo v. With the accused pleading not guilty upon ar-raignment. the Court of Appeals reversed the judgment of the Trial Court. does not give rise to double jeopardy. People. The dismissal of the first case is arbitrary and denied the prosecution due process of law. the rule of double jeopardy means that when a person was charged with an offense and the case was terminated by acquittal or conviction or in any other manner without his consent. On October 21. ratiocinating and ruling as follows: “This is not to say that the appellant did nothing wrong. When the case was appealed to it. How would you resolve Gerald’s contentions? Explain. Finally. (4%) (1999 Bar Question) SUGGESTED ANSWER: A. a judgment of conviction was rendered against Geralde. He asserted that the offenses with which he was charged arose from the same set of facts. he argued that her delay of more than eight (8) years before filing the second case against him constituted pardon on the part of the offended party. 170 SCRA 142. There was no sufficient time to subpoena the witnesses and this was the first time the witnesses failed to appear.” Years later. he averted that the complaint for Qualified Seduction is barred by waiver and estoppel on the part of the complainant. trial ensued. Virginia brought another complaint for Qualified Seduction. Furthermore. 85 Phil. There is double jeopardy when the dismissal of the first case is (2011 BAR) (A) made at the instance of the accused invoking his right to fair trial. 17 year old Virginia Sagrado brought a complaint against Martin Geralde for consented abduction. 766. Declaro. which motion and his subsequent motion for reconsideration were denied: Question: May Geralde validly invoke double jeopardy in questioning the institution of the case for Qualified Seduction? He placed reliance principally on the “same evidence” test to support his stance. (B) made upon motion of the accused without objection from the prosecution. As held in People vs. (D) based on the objection of the accused to the prosecution's motion to postpone trial. Discuss the right of every accused against double jeopardy? (2%)(1999 Bar Question) B. (C) made provisionally without objection from the accused. A. The trial was set five days after the arraignment. he cannot again be charged with the same or identical offense.. What are the requisites of double jeopardy? (2%) (1999 Bar Question) C. Page 246 of 445 Political and Public International Law . the dismissal of a case for failure of the witnesses to appear at the initial hearing is arbitrary and void and does not give rise to double jeopardy. 1986..she was seduced by the appellant with promises (of marriage) just to accomplish his lewd designs. After trial. she having opted to consider the case as consented abduction. Geralde presented a Motion to Quash on the ground of double jeopardy.

qualified seduction requires that the crime be committed by abuse of authority. Geralde cannot invoke double jeopardy. after solicitation or cajolery from the offender. 3. 2. Accused Eming moved for dismissal of the case on the ground of double jeopardy. For the death of Joey. Resolve the motion. 168 SCRA 236. Intermediate Appellate Court . A first jeopardy attaches: 1. the dismissal of a criminal case predicated on the right of the accused to a speedy trial amounts to an acquittal for failure of the prosecution to prove Page 247 of 445 Political and Public International Law . there is no identity between consented abduction and qualified seduction. 4. the criminal case was pending trial for a period of seven years. Court of Appeals. involving the same incident was filed anew against Eming. As held in Caes vs. On the other hand. and a criminal case for homicide. confidence or relationship and the offender had sexual intercourse with the woman. Due to numerous postponements of the scheduled hearings at the instance of the prosecution. (2) the first jeopardy was validly terminated. for a claim of double jeopardy to prosper the following requisites must concur: (1) a first jeopardy has attached. and (3) the second is for the same offense. Eming was charged with the crime of homicide before the Regional Trial Court of Valenzuela. the dismissal or termination of the case without the express consent of the accused C. As held in Cuison v. The delay in filing the second case does not constitute pardon. Court of Appeals. 179 SCRA 54 (1989). According to Perez v. (5%) (2001 Bar Question) SUGGESTED ANSWER: The motion should be granted. after arraignment. to be valid the pardon of the offender by the offended party must be expressly given. the prosecution witnesses surfaced. and the taking away of the offended party must be with lewd designs. and 5. 289 SCRA 159. the court dismissed the case. Consented abduction requires that the taking away of the offended party must be with her consent. Upon motion of accused Eming who invoked his right to speedy trial. He was arraigned. The prosecution objected. Eventually. B. submitting the reason that it was not able to present the said witnesses earlier because the latter went into hiding out of fear. a valid entry of plea. upon a valid complaint or information. according to Article 344 of the Revised Penal Code. particularly based on the ground of unavailability of prosecution witnesses who could not be found or located. before a competent court.

his guilt and bars his subsequent prosecution for the same offense. The public prosecutor filed two separate informations against Cascasero. Under the second sentence of Article III. under Art. conviction or acquittal under either shall bar prosecution under the other. SUGGESTED ANSWER: There is no double jeopardy because the act penalized under the Revised Penal Code is different from the act penalized by the ordinance of Makati City. Section 21 of the Constitution. 148 SCRA 292 (1987). In People v. it was held that when there is identity in the act punished by a law and an ordinance. The Revised Penal Code penalizes reckless imprudence resulting in physical injuries. violation of the city ordinance).e. JC. With regard to the second case (i. No. sideswiped a pedestrian along EDSA in Makati City. Lutero. the same act is involved in the two cases.R. Page 248 of 445 Political and Public International Law . conviction or acquittal under either shall constitute a bar to another prosecution for the same act. If an act is punished by a law and an ordinance. if an act is punished by a law and an ordinance. conviction or acquittal under either shall constitute a bar to another prosecution for the same act. April 30.. In Yap v. Section 21 of the Constitution. L-12669. He contended that. there is double jeopardy. He argued that the two criminal charges against him stemmed from the same act of driving allegedly under the influence of liquor which caused the accident. while the ordinance of Makati City penalizes driving under the influence of liquor. G. the Supreme Court held that an accused who was acquitted of driving recklessly in violation of an ordinance could not be prosecuted for damage to property through reckless imprudence because the two charges were based on the same act. III. who was drunk. Reiova. Was there double jeopardy? Explain your answer. the first for reckless imprudence resulting in physical injuries under the Revised Penal Code. a major in the Armed Forces of the Philippines. is facing prosecution before the Regional Trial Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC’s) 15-year old daughter. A Tamaraw FX driven by Asiong Cascasero. In this case. resulting in physical injuries to the latter. upon being arraigned. and the second for violation of an ordinance of Makati City prohibiting and penalizing driving under the influence of liquor.1959. Cascasero was arraigned. The reckless imprudence which resulted in physical injuries arose from the same act of driving under the influence of liquor. tried and convicted for reckless imprudence resulting in physical injuries under the Revised Penal Code. he filed a motion to quash the information invoking his right against double jeopardy. (5%) (2002 Bar Question) SUGGESTED ANSWER: Yes.

b. his testimony vacated his plea of guilty. 48 SCRA 382 Because of the marked increase in the incidence of labor strikes and of work stoppages in industrial establishments. Since this was not done. d. Congress intending to help promote industrial peace. SUGGESTED ANSWER: (c) PEOPLE VS. JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. which aggravates a crime or makes it greater than when it was committed. passed. When he proved complete self-defense. FERREWR. Assume that upon being arraigned. which mitigates a crime or makes it lesser than when it was committed. 17 SCRA 1119 [1966]). Would an appeal by the prosecution from the decision of acquittal violate JC’s right against double jeopardy? Why or why not? (3%) (2008 Bar Question) SUGGESTED ANSWER: An appeal by the prosecution from the decision of acquittal will not violate the right of JC against double jeopardy. over the objections of militant labor unions. d. Subsequently. providing that no person who is or has been a member of the Communist Party may serve as an officer of any labor organization Page 249 of 445 Political and Public International Law . there was no standing plea when the court rendered its decision of acquittal (People v. a legislative act which pardons punishment after tender. a legislative act which inflicts punishment without trial. The trial court should have required him to plead again and enter a plea of not guilty. Balicasan. b. an executive act which inflicts punishment without tender. Ex post facto laws and bills of attainder An ex post facto law has been defined as one: (2012 BAR EXAMS) a. which aggravates a crime or makes it non-criminal after it was committed. a judicial act which inflicts punishment without tender. SUGGESTED ANSWER: (C) REPUBLIC VS. c. which aggravates a crime or makes it lesser than when it was committed. 545 SCRA 384 A bill of attainder is: (2012 BAR EXAMS) a. EUGENIO. c. an amendment to the Labor Code. JC then testified to the effect that he stabbed the deceased in self-defense because the latter was strangling him and that he voluntarily surrendered to the authorities. the trial court rendered a decision acquitting JC. X.

What would you advise the association to do? Explain. Secretary of Labor. I would advise the association to work for the veto of the bill and. 1986. The amendment would make them guilty of an act. An association of former NPAs (New People’s Army) who had surrendered. On the other hand. to challenge it in court. (1988 Bar Question) SUGGESTED ANSWER: In PAFLU v. Are the two provisions valid? Why? (1987 Bar Question) Page 250 of 445 Political and Public International Law . if it is not vetoed but becomes a law. But the disqualification of members of the CPP and its military arm. Congress passed a law relating to officials and employees who had served in the Government for the period from September 21. 642 (1949)). 27 SCRA 40 (1969) the Supreme Court upheld the validity of sec. fraud and impostors. comes to you asking what could be done against the amendment. (Barrioquinto v. Another provision required all the other officials and employees to take an oath of loyalty to the flag and government as a condition for their continued employment. for which they have already been forgiven by Presidential amnesty. of the majority of the members of Congress and (2) permit the condemnation of the former NPA members without judicial trial in a way that makes it contrary to the prohibition against the enactment of bill of attainder and ex-post facto law. 82 Phil. the NPA. 23 of the Industrial Peace Act requiring labor unions to submit. bureau. The Court pointed out that the filing of the affidavits was merely a condition for the acquisition by a labor organization of legal personality and the enjoyment of certain rights and privileges which the Constitution does not guarantee. affidavits of the latter that they are not members of the Communist Party. Fernandez. in the country. One provision of the law declared all officials from the rank of assistant head of a department. that of having been former members of the NPA. 1972 up to February 25. The amnesty granted to the former NPAs obliterated their offense and relieved them of the punishment imposed by law. from being officers of a labor union would (1) nullify the amnesty granted by the President with the concurrence. and are presently leading quiet and peaceful lives. the requirement constitutes a valid exercise of the State’s police power to protect the public against abuse. B. against the claim that the requirement unduly curtailed freedom of assembly and association. availed of amnesty. within 60 days of the election of its officers. office or agency “Unfit” for continued service in the government and declared their respective positions vacant. it may be assumed. A. For these reasons.

In any event. 1987 and by Congress. any person who marries its citizens would automatically be deemed its own citizen. is ________. Section 1(2) of the 1973 Constitution). whose father or mother is a Filipino citizen at the time of his birth. Rosebud. Citizenship A. is being employed in this case for an unconstitutional purpose. Rosebud is a natural-born Filipino woman who got married to Rockcold. However. Loyalty. After ten years of marriage. claiming that she is no longer a natural-born citizen. who has split her time between the Philippines and Frozen. while a relevant consideration in other circumstances. 1972- February 25. therefore. removes some while subjecting others to a loyalty test. Who are Filipino citizens A child born under either the 1973 or the 1987 Constitution. By virtue of the laws of Frozen. decided to run for Congress. SUGGESTED ANSWER: A. in effect declares all officials and employees during martial law (September 21. With respect to the provision requiring the loyalty test. it is unconstitutional. by assuming judicial magistracy. (1%) 2013 BAR EXAMS (A) not a Filipino citizen as his father and mother must both be Filipino citizens at the time of his birth (B) not a Filipino citizen if his other is a Filipino citizen but his father is not. she could not Page 251 of 445 Political and Public International Law . 1986) as disloyal and. Her opponent sought her disqualification. The law is a bill of attainder by which Congress. 1987. VIII. B. even the power to reorganize cannot be invoked because under the Freedom Constitution such power can be exercised only by the President and only up to February 25. loyalty as a general rule is a relevant consideration in assessing employees’ fitness. the requirement in this case is not a general requirement but singles out “martial law” employees and therefore is administered in a discriminatory manner. Since the law under question was presumably passed after February 25. however. at the time of his birth (C) a Filipino citizen no matter where he or she may be born (D) a Filipino citizen provided the child is born in the Philippines (E) a Filipino citizen if he or she so elects upon reaching the age of 21 SUGGESTED ANSWER: (C)Article III. (Article IV. Section 1(2) of the 1987 Constitution). With respect to the provision declaring positions vacant. on this basis. a citizen of State Frozen.

Filipino citizenship was defined. In the case of Rosebud it was by virtue of the laws of Frozen. (3%)2015 BAR EXAMS SUGGESTED ANSWER: In the 1935 Constitution. Allegiance to a foreign state is acquired through an express and voluntary act of renouncing once allegiance to the Republic of the Philippines and swearing allegiance to a foreign state e. she acquired the citizenship of her husband by operation of law and not by a voluntary act of acquisition thereof and voluntary renunciation of her former citizenship. seek elective position since she never renounced her foreign citizenship pursuant to the Citizenship Retention and Reacquisition Act (R. 3. they are deemed. ALTERNATIVE ANSWER: By naturalization according to the Bureau of Immigration of the Philippines is the judicial act of adopting a foreigner and clothing him with the privileges of a native-born citizen. Citizens of the Philippines who marry aliens shall retain their citizenship. classified and regulated by Article IV. 9225. because Rosebud never lost her status as a natural-born citizen by reason of marriage to a foreigner.g. Rosebud never renounced her Filipino citizenship. 9225). ex. which stated that: Page 252 of 445 Political and Public International Law . Sec.The case never mentioned any naturalization process. Is Rosebud disqualified to run by reason of citizenship? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: No. the word Naturalized.A. In addition to her status as a natural born citizen. Hence. means there must be some form of voluntary act of renunciation.A.. She acquired it by operation of the law of Frozen Country. service in the military etc. to have renounced it. enlisting in the military services of another state. In the case of she became a naturalized Australian citizen owing to her marriage TEODORA SOBEJANA- CONDON. Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under the 1935. No. 1973. under the law. unless by their act or omission. what is prohibited is dual allegiance. applies to those who lost their citizenship by some voluntary act of renunciation. RA 9225 xxx Any provision of law to the contrary notwithstanding. It implies an act of renunciation of a former nationality and the fact of entrance into a similar relation towards a new body politic. any person who marries its citizens would automatically be deemed its own citizen. she became a NATURALIZED CITIZEN owing to her marriage. and 1987 Constitutions. In relation to election protest. R. natural-born citizenship by reason of their naturalization as citizens of a foreign country… Rosebud was not naturalized but rather acquired the citizenship of Frozen country by operation of law. Naturalization to another country.

this provision would not have been applicable. had been elected to public office in the Philippine Islands (3) Those whose fathers are citizens of the Philippines (4) Those whose mothers are citizens of the Philippines. Section 1(4) contemplated a situation where only the mother was a Filipino citizen. and must be express: Option to elect Philippine citizenship shall be expressed in a statement to be filed and sworn to by the party concerned before any officer authorized to administer oath and shall be filed with the nearest civil registrar. which considered citizens those whose fathers were Filipino citizens. Section 1. For illegitimate children however. he at most has an inchoate right to Filipino citizenship. Section 2 enumerates the following as citizens of the Philippines: Page 253 of 445 Political and Public International Law . By recognizing the principle of jus sanguinis. since an illegitimate child as a rule follows the nationality of the mother. Before Section 1. he must make the statement before any officer of the government of the Philippines authorized to administer oaths and must forward such statement together with his oath of allegiance to the civil registrar of Manila. Prior to his reaching such an age. The right to elect is governed by Commonwealth Act No. before the adoption of the Constitution. Philippine citizenship may be lost or reacquired in the manner provided by law. the prevailing doctrine had been jus soli. The provision is also applicable to mothers who were Filipinos before acquiring the nationality of their foreign spouses. To restrict its interpretation in such a way that the time of election was considered controlling as to the status when the mother should be a Filipina would have nullified the particular provision. Section 2. and gave the child an opportunity to elect Filipino citizenship only when he reached the age of majority. 1973 Constitution Article III. Where the party concerned resides abroad. The following are citizens of the Philippines (1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution (2) Those born in the Philippine Islands of foreign parents who. As can be seen from the previous citizenship laws. which states the requirements and procedure for election. 652. The party elected must likewise accompany the aforementioned statement with the oath of allegiance to the Constitution and the Government of the Philippines. since the citizenship of the father would not then be material. the principle of jus sanguinis was not applicable prior to the 1935 Constitution. and upon reaching the age of majority. it was recognized that a blood relationship would serve “as a better guarantee of loyalty to the country of one’s parents” than jus soli. elect Philippine citizenship (5) Those who are naturalized in accordance with law.

Adopted children. As the 1973 Constitution followed the doctrine of jus sanguinis. The principle of parental authority is still applicable in the new Constitution. Those who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five 4. Those whose fathers or mothers are citizens of the Philippines 3. It must be reiterated that this rule applied only to those born of a Filipino mother on or after 17 January 1973. but modifies provisions which cannot be found in the 1973 and 1935 Constitution. Mothers have parental authority over illegitimate children. that the mother is a Filipina when the child is born. not to adopted or illegitimate ones. As for those who were born after the adoption of the 1973 Constitution of Filipino mothers. of Filipino mothers. However. it still remains subject to challenge under the new – whether or not the judicial challenge had been commenced prior to the effectivity of the new Constitution. As long as one was born of Filipino parents. It is essential. and in following the lead of the 1973 Constitution. The only important consideration here was that the mother must be a Filipino at the time of the birth of the child. the 1987 Constitution still provides the transitory provision that was also in the 1973 Constitution: “Those born before 17 January 1973. do not follow their adoptive parents’ citizenship. 1. The Section 2(2) followed the principle of jus sanguinis. it would be a case of dual citizenship. the Filipino woman is placed on the same footing as Filipino men in matters of citizenship. Filipino mothers were placed by the 1973 Constitution on equal footing with Filipino fathers as far as the determination of the citizenship of their children was concerned. so this article only applies to legitimate children. Those who are naturalized in accordance with law. as they are not related by blood. he was considered a Filipino. however. it disregarded the place of birth of a person. Those who are citizens of the Philippines at the time of the adoption of this Constitution. 1987 Constitution The 1987 Constitution builds on the previous Constitutions.” The principle of jus sanguinis still applies. unlike the 1935 Constitution. despite being under their parental authority. 2. “If a person’s citizenship was subject to judicial challenge under the old law. Those who were citizens during the adoption of the new Constitution were considered citizens. on the other hand. However. The father or mother may be a natural-born Filipino or a Filipino by naturalization or by election. If he was born in a country where the rule of jus soli was the prevailing principle. who elect Page 254 of 445 Political and Public International Law . this does not rectify any defects in the acquisition of such citizenship under the 1935 or 1973 Constitution. The purpose of the first paragraph of the provision was to protect the continued enjoyment of Philippine citizenship to those who already possess the right as of 17 January 1973.

who was born on October 18. 1899. Hence. since his father was a Filipino citizen. Mr. Lacqui Chan ran for and was elected Representative (Congressman). Nya Tsa Chan migrated to the Philippines in 1894. 1899. Decide whether Mr. a Filipina. that Lacqui Chan did not elect Philippine citizenship upon reaching the age of 21. Under Article IV. 1936. and one of their children was Lacqui Chan who was born on September 27. was residing in the Philippines on April 11. (5%) (2001 Bar Question) SUGGESTED ANSWER: Lacqui Chan is a Filipino citizen and need not elect Philippine citizenship. and according to Article IV. During his lifetime and when he was already in the Philippines. Hap Chan got married also to Nimfa. and continued to reside in the Philippines. Section 4 of the 1987 Constitution. (D) a natural born Filipino citizen. Nya Tsa Chan married Charing. with whom he begot one son. Page 255 of 445 Political and Public International Law . Ramon Deloria. 1897. In accordance with Section 4 of the Philippine Bill of 1902. His father. was a Spanish subject. In the May 1989 election. filed a quo warranto or disqualification case against him on the ground that he was not a Filipino citizen. (B) a repatriated Filipino citizen. Mr. Hap Chan. Lacqui Chan suffers from a disqualification or not. From mainland China where he was born of Chinese parents. As of April 11. (C) a dual citizen. he was already a permanent resident of the Philippine Islands and continued to reside in this country until his death. Philippine citizenship upon reaching the age of majority. His parents met in Shanghai where they were lawfully married just two years ago. a Filipina. Lacqui Chan is a natural born Filipino citizen. Miguel Sin was born a year ago in China to a Chinese father and a Filipino mother. Lacqui Chan finished the course Bachelor of Science in Commerce and eventually engaged in business. he was a Filipino citizen. Hap Chan. in accordance with Section 1(3) of the 1935 Constitution.” A child born in the United States to a Filipino mother and an American father is (2011 BAR) (A) a Filipino citizen by election. His rival candidate. Is Miguel Sin a Filipino citizen? (2003 Bar Question) SUGGESTED ANSWER: Miguel Sin is a Filipino citizen because he is the legitimate child of a Filipino mother. his mother retained her Philippine citizenship despite her marriage to an alien husband. It was pointed out in particular.

She passed the bar examinations and engaged in private practice for many years. He is a legitimate son of a Chinese father and a Filipino mother. jus soli and jus sanguinis. b. Noel contested it claiming it was filed many years after Atty. At 21. Section 1(2) of the 1987 Constitution. not qualified to be appointed to the Supreme Court. 5% (2006 Bar Question) SUGGESTED ANSWER: Atty. Chua practiced law for many years until one Noel Eugenio filed with the Supreme Court a complaint for disbarment against him on the ground that he is not a Filipino citizen. Those who elect Philippine citizenship under Section 1(3). In accordance with Section 15 of the Revised Naturalization Act. he studied law and was allowed by the Supreme Court to take the bar examinations. children born of a Filipino mother are Filipino citizens. Atty. Emily Go is not a natural-born citizen is not correct. Chua be disbarred? Explain. Emily Go is not a natural-born citizen. Juris Castillo. William Chua should not be disbarred. 1973 of a Chinese father and a Filipino mother. Atty. 199 SCRA 692. naturalization and provides for jus soli. also an aspirant to the position. She elected Philippine citizenship when she reached twenty-one years of age. Will Atty. in respect of the modes of acquiring citizenship. Although he never complied with such requirement. Emily Go. His father became a naturalized Filipino citizen when Atty. she elected Philippine citizenship and studied law. there was no need for him to elect Philippine citizenship (Co v. Chua reached the age of majority. Hence. But her nomination is being contested by Atty. Chua was still a minor. Atty. a legitimate daughter of a Chinese father and a Filipino mother. The Judicial and Bar Council nominated her as a candidate for the position of Associate Justice of the Supreme Court. He then filed with the Bureau of Immigration an affidavit electing Philippine citizenship. Page 256 of 445 Political and Public International Law . She was born before January 17. Modes of acquiring citizenship Basic Philippine law. he became a naturalized Philippine citizen when his father became a Filipino citizen during his minority. She claims that Atty. [1991]) B. hence. follows the rule(s) of: (2012 BAR EXAMS) a. Article IV of the Constitution are natural-born citizens. Richard Chua was born in 1964. Is this contention correct? 5% (2006 Bar Question) SUGGESTED ANSWER: The contention that Atty. subject to his submission to the Supreme Court proof of his Philippine citizenship. Eventually. Electoral Tribunal of the House of Representatives. was born in 1945.

jus sanguinis and provides for naturalization. Would Lily Teh succeed in becoming a Filipino citizen through her marriage to Peter Go? Explain. Lily Teh petitioned in administrative proceedings before immigration authorities to declare her a Filipino citizen stating that she had none of the disqualifications provided in the Revised Naturalization Law. A child was born to a Japanese father and a Filipina mother. Lily Teh ipso facto became a Philippine citizen upon her marriage to Peter Go. however. Lily and Peter were married at the San Agustin Church. A week after the wedding. who never resided in the Philippines except during her one-week visit as tourist from Taipeh during the Chinese New Year. d. SUGGESTED ANSWER: A. Under Section 6. provided she possesses none of the disqualifications laid down in Section 4 of the Revised Naturalization Law. The fact that Lily Teh is advocating the unification of Taiwan with mainland China is not a ground for disqualification under Section 4 of the Revised Naturalization Law. none of the above. one must be a Page 257 of 445 Political and Public International Law . who spoke only Chinese. Would he be eligible to run for the position of Member of the House of Representatives upon reaching twenty-five years of age? (1989 Bar Question) SUGGESTED ANSWER: The child can run for the House of Representatives provided upon reaching the age of majority he elected Philippine citizenship. and who had radical ideas liked advocating unification of Taiwan with mainland China. are qualifications. a naturalized Filipino citizen. She met Peter Go. c. which Lily Teh need not possess. except for the last one. SECTION 1. The jilted Filipino girlfriend of Peter Go opposed the petition claiming that Lily Teh was still a minor who had not even celebrated her 21st birthday. All of the grounds invoked by the former girlfriend of Peter Go for opposing the petition of Lily Teh. According to to the ruling in Moy Ya Lim Yao vs. ARTICLE IV OF CONSTITUTION Lily Teh arrived in Manila on one of her regular tours to the Philippines from Taipeh. she evinced a sincere desire to learn and embrace them. (1989 Bar Question) SUGGESTED ANSWER: Yes. who is a Philippine citizen. Article VI of the 1987 Constitution. swore that she was renouncing her Chinese allegiance and while she knew no Filipino customs and traditions as yet. an alien woman who marries a Filipino husband ipso facto becomes a Filipino citizen without having to possess any of the qualifications prescribed in Section 2 of the Revised Naturalization Law provided she possesses none of the disqualifications set forth in Section 4 of the same law. 41 SCRA 292. Commissioner of Immigration. Lily Teh. After a whirlwind courtship. to qualify to be a member of the House of Representatives.

a foreign woman who marries a Filipino citizen becomes a Filipino citizen provided she possesses none of the disqualifications for naturalization. (B) who has all the qualifications and none of the disqualifications to become a Filipino citizen. Article IV of the 1987 Constitution provides: “Those who elect Philippine citizenship in accordance with paragraph (3). he would be considered a natural born citizen without need of election pursuant to Art. Article IV of the Constitution. Naturalization and denaturalization Filipino citizenship may be acquired through judicial naturalization only by an alien (2011 BAR) (A) born. A citizen to an alien. Section 2. Page 258 of 445 Political and Public International Law . 1973 of Filipino mothers. under Section 3 of the Revised Naturalization Act. C. raised. natural-born Philippine citizen. on their spouses and children? Discuss (1%) (1999 Bar Question) SUGGESTED ANSWER: 1. An alien to a citizen. (D) whose mother or father is a naturalized Filipino and who himself is qualified to be naturalized. 1(2). under Section 15 of the Revised Naturalization Law. However. if the child was born after January 17. under the law. children born before January 17. Article IV of the 1987 Constitution. Sec. Under Section 1(2). According to Section 1 (3). the children of an alien and a Filipino citizen are citizens of the Philippines.” On the other hand. in such a case the residence requirement for naturalization will be reduced from ten (10) to five (5) years.) According to Mo Ya Lim Yao v. (1%) (1999 Bar Question) 2. What are the effects of marriages of: 1. and educated in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen.) According to Section 4. 41 SCRA 292. 1973. 2. Article IV of the Constitution. Section 1 hereof shall be deemed natural- born citizens. Filipino citizens who marry aliens retain their citizenship. IV. A foreign man who marries a Filipino citizen does not acquire Philippine citizenship. to have renounced it. who elect Philippine citizenship upon reaching the age of majority are Philippine citizens. (C) born and raised in the Philippines who has all the qualifications and none of the disqualifications to become a Filipino citizen. Commissioner of Immigration. unless by their act or omission they are deemed.

c. In 1970. inimical to the national interest and is therefore prescribed by law. (D) the Solicitor General. It did not obliterate his lack of good moral character and irreproachable conduct. the action has not prescribed. On the assumption that he left a family. (C) the National Security Adviser. Li Yao. the Solicitor General filed a petition to cancel his citizenship on the ground that in July 1969 the Court of Tax Appeals found that Enzo had cheated the government of income taxes for the years 1956 to 1959. was granted Philippine citizenship in a decision rendered by the Court of First Instance of Pampanga on January 10. As held in Republic vs. the death of Enzo does not render the petition for the cancellation of his certificate of naturalization moot. No. What is the effect on the petition for cancellation of Enzo's citizenship if Enzo died during the pendency of the hearing on said petition?(1994 Bar Question) SUGGESTED ANSWER: a. a Chinese national. criminal and administrative liabilities of Enzo. Said decision of the Tax Court was affirmed by the Supreme Court in 1969. Can Enzo ask for the denial of the petition on the ground that he had availed of the Tax Amnesty for his tax liabilities?(1994 Bar Question) c. The Special Committee on Naturalization is headed by (2011 BAR) (A) the Secretary of Justice. Li Yao. Page 259 of 445 Political and Public International Law . Li Yao. a. 1956. Has the action for cancellation of Enzo’s citizenship prescribed? (1994 Bar Question) b. b. Dual citizenship and dual allegiance Dual allegiance by citizen is: (2012 BAR EXAMS) a. Enzo cannot ask for the denial of the petition for the cancellation of his certificate of naturalization on the ground that he had availed of the tax amnesty. 1959. 224 SCRA 748. (B) the Secretary of Foreign Affairs. As held in Republic vs. D. b. Enzo. 224 SCRA 748. the outcome of the case will affect his wife and children. In accordance with the ruling in Republic vs. inimical to the national interest and is therefore proscribed by law. Between 1960 and 1970. 214 SCRA 748. He took his oath of office on June 5. No. a certificate of naturalization may be cancelled at any time if it was fraudulently obtained by misleading the court regarding the moral character of the petitioner. Enzo had acquired substantial real property in the Philippines. the tax amnesty merely removed all the civil.

SUGGESTED ANSWER: True. Dual citizenship arises when. c. inimical to the national interest and therefore shall be dealt with by law. (5%) (2009 Bar Question) Dual citizenship is not the same as dual allegiance. Page 260 of 445 Political and Public International Law . Yes. loyalty to two or more states (Mercado v. Commision On Elections. inimical to the national interest and is therefore outside of coverage of law. b. Dual citizens upon renunciation of their Filipino citizenship and acquisition of foreign citizenship. SECTION 5. Answer TRUE if the statement is true. Yes. d. d. Dual allegiance refers to the situation in which a person simultaneously owes by some positive and voluntary act. Macalintal Vs. She has been living and continues to live in the US for the last 20 years and has also been naturalized as a US citizen. Margarita fails the residency requirement under Section 1. Margarita is a Filipino citizen and thus may enjoy the right to suffrage like everyone else without registering as an overseas absentee voter. Explain your answer in not more than two (2) sentences. Can Margarita vote in the next national elections? (2012 BAR EXAMS) a. the Citizenship Retention and Reacquisition Act of 2003. have practically and legally abandoned their domicile and severed their legal ties to their homeland as a consequence. as a result of the concurrent application of the different laws of two or more states. No. SUGGESTED ANSWER: A. 307 SCRA 630 [1999]). She recently reacquired Philippine citizenship under RA 9225. No. ARTICLE IV OF CONSTITUTION Margarita was born in 1986 to a Filipino mother and Swedish father. a person is simultaneously considered a national by those states and is involuntary. Dual citizens who are not residents may register under the Overseas Absentee Voting Law. Manzano. or FALSE if the statement is false. 405 Scra 614 TRUE or FALSE. Article V of the Constitution for Filipinos. SUGGESTED ANSWER: A. c.

if Zeny returned to the Philippines. Zeny is not guilty of any of them." (Sec. Under Section 4. Zeny may be elected vice president of the Philippine Bulletin. to have renounced it. In addition. When she ran for Governor of Sorsogon. a candidate for governor must be a resident in the province where he intends to run at least one (1) year immediately preceding the day of the election. Zeny was not qualified to run for Governor. As held in Page 261 of 445 Political and Public International Law . mass media must be wholly owned by Filipino citizens and under Section 2 of the Anti-Dummy Law aliens may not intervene in the management of any nationalized business activity. Zeny resided in Kongo and acquired a Kongo passport. she possesses dual citizenship. E. less than a year immediately before the day of the election. Zeny Reyes married Ben Tulog. B. Under the laws of Kongo. 63. she is disqualified to run for governor. hence. Under Section 39(a) of the Local Government Code. This is in accordance with the decision in Caasi vs. Zeny is not qualified to run for Governor of Sorsogon. Zeny Just got herself elected as vice- president of the Philippine Bulletin. The acts or omission which will result in loss of citizenship are enumerated in Commonwealth Act No. because she has remained a Filipino citizen. Article XVI of the Constitution. Suppose instead of entering politics. Filipino citizens who marry aliens retains their citizenship unless by their act or omission they are deemed. Zeny returned to the Philippines to run for Governor of Sorsogon. IV. “citizens of the Philippines who many aliens shall retain their citizenship. Zeny retained her Filipino citizenship. which is a ground for loss of her citizenship which she was supposed to have retained. Article IV of the Constitution. 191 SCRA 229. an alien woman marrying a Kongo national automatically acquires Kongo citizenship. Under the Constitution. After her marriage. Pursuant to Section 40 (d) of the Local Government Code. Article IV of the Constitution. 4. a national of the State of Kongo. Was Zeny qualified to run for Governor? (1994 Bar Question) B. Court of Appeals. SUGGESTED ANSWER: No. Zeny was no longer a Philippine citizen and. Since she also became a citizen of Kongo. Zeny abandoned her residence in the Philippines. Art. was disqualified for said position. Her residing in Kongo and acquiring a Kongo passport are indicative of her renunciation of Philippine citizenship. In 1991. Although under Section 11(1). under the law to have renounced it. Constitution). under the law. Under Section 4. Was she qualified to hold that position? (1994 Bar Question) SUGGESTED ANSWER: A. unless by their act or omission they are deemed. A. By residing in Kongo upon her marriage in 1989. Loss and re-acquisition of Philippine citizenship In 1989. a local newspaper.

Art. In his old age he has returned to the country and wants to become a Filipino again. As his lawyer. Julio Hortal was born of Filipino parents. repatriation. he became a naturalized citizen in another country. Could Hortal regain his status as natural born Filipino citizen? Would your answer be the same whether he reacquires his Filipino citizenship by repatriation or by act of Congress? Explain. and c. in case he repatriates he will be restored to his status as a natural born citizen. United. (2%) (2000 Bar Question) SUGGESTED ANSWER: Cruz may reacquire Philippine citizenship in the following ways: a. Under the Constitution.. 63). enumerate the ways by which citizenship may be reacquired. SUGGESTED ANSWER: Neither. Article IV of the Constitution. natural born citizens are those who are citizens from birth without having to perform an act to acquire or perfect their citizenship. He had to perform an act to acquire his citizenship. XVI). By naturalization.S. he reacquired Philippine citizenship. Zeny cannot qualify to participate in the management of the Bulletin as Vice- President thereof. i. since he reacquired his citizenship by legislative naturalization. If he reacquired his Page 262 of 445 Political and Public International Law . Since repatriation involves restoration of a person to citizenship previously lost by expatriation and Julian Hortal was previously a natural born citizen. a Filipino by birth. Under Section 2. Later. SUGGESTED ANSWER: Julian Hortal cannot regain his status as a natural born citizen by repatriating.Philippine citizen. By direct act of Congress (Section 2 of Commonwealth Act No.e. (3%) (1999 Bar Question) SUGGESTED ANSWER: Julian Hortal can regain his status as a natural born citizen by repatriating. or to corporation. Kawakita vs. Being a non. Upon reaching the age of majority. If he reacquired his citizenship by an act of Congress. Cruz. was Zeny qualified to hold the position of vice-president of Philippine Bulletin. b. 343 U. “the ownership and management of mass media shall be limited to citizens . 8171. a person who possesses dual citizenship like Zeny may exercise rights of citizenship in both countries and the use of a passport pertaining to one country does not result in loss of citizenship in the other country. became an American citizen. cooperatives or associations wholly owned and managed by such citizens" (Section XI' (lj.of the Philippines. 717. By repatriation pursuant to Republic Act No. States. Julian Hortal will not be a natural born citizen.

Warlito decided to visit the Philippines with his wife and children: Johnny. She should instead file with the Bureau of Immigration a petition for the cancellation of her alien certificate of registration on the ground that in accordance with Section 15 of the Naturalization Law. 9225.born Filipino citizen (Bengson v. what would be the most speedy procedure for Shirley to acquire Philippine citizenship? Explain. Since Warlito was a natural-born Filipino citizen before he lost his Philippine citizenship. Thus. because of her marriage to Warlito. because under Republic Act No. she should be deemed to have become a Filipino citizen. 9225. 23 years of age. With Warlito having regained Philippine citizenship.A. took up permanent residence in the United States. 357 SCRA 545 [2001]. 17. 2630). and Luisa. (3%) (2009 Bar Question) SUGGESTED ANSWER: Shirley will not become a Filipino citizen. (3%) (2009 Bar Question) SUGGESTED ANSWER: Under Section 18 of Republic Act No. nationality. why? If not. and Luisa —become Filipino citizens with their father’s reacquisition of Philippine citizenship? Explain your answer. he took the oath of allegiance required under R. Warlito. an American. citizenship by an act of Congress. Do the children — Johnny. a friend informed him that he could reacquire Philippine citizenship without necessarily losing U. (3%) (2009 Bar Question) SUGGESTED ANSWER: Warlito is a natural-born Filipino citizen. Warlito. only the unmarried children who are below Page 263 of 445 Political and Public International Law . Jr.A. is Warlito a natural-born or a naturalized Filipino citizen today? Explain your answer. and sired three children..S. and eventually acquired American citizenship. In August 2009. 20. 51 SCRA 248 [1973]). She must allege and prove that she possesses none of the disqualifications to become a naturalized Filipino citizen (Burca v. While in the Philippines. He then married Shirley. Warlito Jr. R. a natural-born Filipino. will Shirley also become a Filipino citizen? If so. Republic. Warlito’s reacquisition of Philippine citizenship did not extend its benefits to Shirley. 9225. Julian Hortal will not be a natural born citizen since he reacquired his citizenship by legislative naturalization. House of Representatives Electoral Tribunal. he was restored to his former status as a natural.. Having reacquired Philippine citizenship. Repatriation of Filipinos results in the recovery of the original nationality.

ran for Governor of his home province. Commission on Elections. Ruffa automatically became a Chinese citizen. since under American Law persons born in the United States are American citizens. Under Section 1(2). Ruffa gave birth to a boy named Ernest. by becoming a naturalized American citizen. since his parents are Filipinos. 1993 election. Thus. where he prospered as a businessman. only Luisa. eighteen years of age of those who reacquire Philippine citizenship shall be deemed Filipino citizens. The couple resided in Hongkong. Does he still possess Philippine citizenship? (1992 Bar Question) B. he would still be a citizen of the Philippines. B. C. whom she married. born in the Philippines of Filipino parents and raised in the province of Nueva Ecija. who is seventeen years old. can the second- placer be sworn into office as governor? C. 174 SCRA 245. became a Filipino citizen. Nicasio would possess dual citizenship. It was recently revealed. Nicasio no longer possesses Philippine citizenship. As held in Aznar vs. He won and he was sworn into office. If Nicasio was born in the United States. however. 63. To be entitled to the office. After the EDSA Revolution. No. Under Section 1(1) of Commonwealth Act No. Natural-born citizens and public office Edwin Nicasio. Upon reaching the age of majority. Ruffa. where she met Cheng Sio Pao. Nicasio lost his Philippine citizenship. he must have garnered the majority or plurality of the votes. the second placer cannot be sworn to office. Commission on Elections. Ernest ran and Page 264 of 445 Political and Public International Law . those whose fathers or mothers are citizens of the Philippines are citizens of the Philippines. In 1964. Philippine citizenship is lost by naturalization in a foreign country. would he still be a citizen of the Philippines? (1992 Bar Question) SUGGESTED ANSWER: A. If Nicasio was born in the United States. because he lost the election. Ernest decided to live permanently in the Philippines. Commission on Elections. F. a Filipina domestic helper working in Hongkong. Ernest elected Philippine citizenship. where on May 9. 1965. went to Taipeh for a vacation. In accordance with the ruling in Abella vs. a person who possesses both Philippine and American citizenship is still a Filipino and does not lose his Philippine citizenship unless he renounces it. As held in Frivaldo vs. If the second-placer in the gobernatorial elections files a quo warranto suit against Nicasio and he is found to be disqualified from office. 201 SCRA 253. 185 SCRA 703. that Nicasio is a naturalized American citizen. Under Chinese Law. During the May 11. A.

(Election was held on May 11. 1965. Article IV of the Constitution provides: “The following are citizens of the Philippines: xxx xxx xxx “(3) Those born before January 17. Having been born on May 9. His opponent. 69 Phil. (1996 Bar Question) SUGGESTED ANSWER: Whether or not X was qualified to run for membership in the House of Representatives in the 1995 election depends on the circumstances. Article IV of the Constitution. 518 and Cu vs. (1993 Bar Question) SUGGESTED ANSWER: Ernest cannot be disqualified. won as a congressman. filed a petition to disqualify the latter on the following grounds. noting Ernest's Chinese ancestry. Republic. Having elected Philippine citizenship. the number of persons who would be benefited by the foregoing provision would be limited. 1973. X was born in the United States of a Filipino father and a Mexican mother. Decide. 473. Section 1. who elect Philippine citizenship upon reaching the age of majority. and (2) he is underaged. (1) Ernest Cheng is not a natural born Filipino. Section 6. for this provision to apply. Section 1 hereof shall be deemed natural born citizens. he was over twenty-five years old on the date of the May 11. requires congressmen to be at least twenty-five years of age on the day of the election." Ernest is not underaged. carrying an American passport and he was registered as an alien with the Bureau of Immigration. Page 265 of 445 Political and Public International Law . Article VI of the Constitution. which reads: “Those who elect Philippine citizenship in accordance with paragraph (3). Tan Chim. It is sufficient that she was a Filipino citizen at the time of her marriage. of Filipino mothers. the mother need not be a Filipino citizen at the time she gave birth to the child in question. Otherwise. 1992). Was X qualified to run for membership in the House of Representatives in the 1995 elections? Explain." Ernest could elect Philippine citizenship since he was born before January 17. 1993 election. He returned to the Philippines when he was twenty-six years of age. 1973 and his mother is a Filipino. As stated in the cases of Torres vs. Ernest is a natural-born Filipino citizen in accordance with Section 2. 83 Phil.

If X was an illegitimate child. SUGGESTED ANSWER: If X has taken an oath of allegiance to the U. He also paid allegiance to the Taipeh government. and 2. upon reaching the age of majority. an illegitimate child follows the citizenship of the mother. Consequently. Under Chinese laws. In accordance with Aznar vs. “A” elected to acquire Philippine citizenship. since a person with dual citizenship has the rights of citizenship in both countries. In 1973. “A” continued to reside in California and to carry an American passport. 1 hereof shall be deemed natural born citizens. 343 U. Likewise. 1. he will be a Mexican citizen if he is an illegitimate child. the mere fact that X used an American passport did not result in the loss of his Philippine citizenship. he will be deemed to have renounced his Philippine citizenship. Art. he was elected Senator. However. those whose fathers are citizens of the Philippines are Filipino citizens.S. That he was not a natural-born citizen. His opponent moved to disqualify him on the grounds: 1.S. Under Section 2(2). Commission on Elections. According to the case of In re Mallare. Sec. Since X was born in the United States. If X is a legitimate child. Decide. he is not qualified to run for the House of Representatives. the mere fact a person with dual citizenship registered as an alien with the Commission on Immigration and Deportation does not necessarily mean that he is renouncing his Philippine citizenship.” The purpose of this provision is to equalize the Page 266 of 445 Political and Public International Law . “A” was born in 1951 in the United States of a Chinese father and a Filipina mother. the use of a passport issued by one country is not inconsistent with his citizenship in the other country. 59 SCRA 45. Article IV of the Constitution. which follows jus soli. IV. 185 SCRA 703. United States. even if his father is a Filipino. X is also an American citizen. That he had “dual allegiance" not only to the United States but also to the Republic of China. Sec. ”A’s” mother automatically became a Chinese national by her marriage. 2 of the 1987 Constitution provides that “those who elect Philippine citizenship in accordance with paragraph (3). (1987 Bar Question) SUGGESTED ANSWER: The electoral contest must be dismissed. he is a Filipino citizen. he is disqualified to run for the House of Representatives. Since the mother of X is a Mexican. As held in Kawakita vs. In the 1987 Philippine National elections. 717. “A” is a natural born citizen.

63. the Court of Tax Appeals found him guilty of tax evasion for deliberately understating his income taxes for the years 1959-1961. The fact that Lim Tong Biong availed of the tax amnesty is not a valid defense to the cancellation of his Filipino citizenship. As held in Republic vs. a Filipino woman can have dual allegiance resulting from her. IV. the tax amnesty does not have the effect of obliterating his lack of good moral character and irreproachable conduct which are grounds for denaturalization. Under this law. 1973 when the previous Constitution took effect. express renunciation is different from an act of allegiance to a foreign power as a ground for loss of Philippine citizenship. the Office of the Solicitor General filed a petition to cancel his Philippine citizenship for the reason that in August 1963. Sec. Moreover. a. Lim Tong Biao. so long as she does not do or omit to do an act amounting to renunciation under Commonwealth Act. 1(2). such as the one involved in the problem. Supposing Lim Tong Biao had availed of the tax amnesty of the government for his tax liabilities. Lim Tong Biao cannot raise the defense of prescription. b. objection based on dual allegiance will be premature. what constitutes “dual allegiance” inimical to national interest is and what the sanctions for such dual allegiance will be. Indeed. would this constitute a valid defense to the cancellation of his Filipino citizenship? [2%] (1998 Bar Question) SUGGESTED ANSWER: a. The “dual allegiance” declared inimical to national interest in Art. In 1975. The prohibition does not apply in situations brought about by dual citizenship. a decision granting citizenship is not res judicata and the right of the government to ask for the cancellation of a certificate cancellation is not barred by the lapse of time. a Chinese citizen applied for and was granted Philippine citizenship by the court. 2. No. status of those who elected Philippine citizenship before and those who did so after January 17. 214 SCRA 748. 754. Li Yao. 5 refers to the dual allegiance of some such as naturalized Filipino citizens (mostly Chinese) who maintain allegiance to Nationalist China as shown in some cases by their membership in the legislative Yuan after their naturalization as citizens of the Philippines. Could Lim Tong Biao raise the defense of prescription of the action for cancellation of his Filipino citizenship? [3%] (1998 Bar Question) b. 1170. He took his oath as citizen of the Philippines in July 1963. the Supreme Court held: "In other words. will still have to be defined by law pending adoption of such legislation. 4." Page 267 of 445 Political and Public International Law . No. In Republic vs.marriage to a foreigner under Sec. Sec. Go Bon Lee. 1 SCRA 1166.

Article VI of the Constitution. 1998. 5 SCRA 108 recognized three (3) years from reaching the age of majority as the reasonable period for electing Philippine citizenship. he is not qualified to run for Congress. In 1988. Under the law of his father's country. Republic Act No. Victor Ahmad is not qualified to run for Congress in the 1995 elections. 1993 and informs you of his intention to run for Congress in the 1995 elections. Victor consults you on December 21. Article IV of the Constitution. The petition was filed with the House of Representative Electoral Tribunal (HRET). (3%) (1999 Bar Question) SUGGESTED ANSWER: No. 1973. If he consulted me on December 16. 1991 and informed you of his desire to run for Congress in the 1992 elections? Discuss your answer. Under Section 2. to be deemed a natural-born citizen. My answer will be the same if he consulted me in 1991 and informed me of his desire to run in the 1992 elections. Is he qualified to run? What advice would you give him? Would your answer be the same if he had seen and consulted you on December 16. his father was naturalized as a Filipino citizen. Article IV of the Constitution. Since Republic Act No. a member of the House of Representatives must be at least twenty-five (25) years of age on the day of the election. Sorsogon on January 20. 1990. and to wait until the 1998 elections. if he has not yet done so. Victor Ahmad was born on December 16. his mother did not acquire his father’s citizenship. Victor Ahmad must have elected Philippine citizenship upon reaching the age of majority to be considered a natural born citizen and qualified to run for Congress. I would inform him that he should elect Philippine citizenship so that he can be considered a natural born citizen. Under Section 6. Victor Ahmad is not qualified to run. 1972 of a Filipino mother and an alien father. Since he will be less than twenty-five (25) years of age in 1995. 6809 reduced the majority age to eighteen (18) years. 1991. Juan Bonto who received the second highest number of votes. On May 11. Victor Ahmad must elect Philippine citizenship upon reaching the age of majority. SUGGESTED ANSWER: Under Section 2. Bonto contends that Ang Page 268 of 445 Political and Public International Law . Andres Ang was born of a Chinese father and a Filipino mother in Sorsogon. Andres Ang was elected Representative of the First District of Sorsogon. 6809 took effect in 1989 and there is no showing that Victor Ahmad elected Philippine citizenship within three (3) years from the time he reached the age of majority on December 16. filed a petition for Quo Warranto against Ang. Cuenco v. I shall advise him to elect Philippine citizenship. Secretary of Justice.

He was born of a Filipino mother on January 20. martial law was declared in the Philippines on September 21. the Supreme Court has the power to review the decisions of the House of Representatives Electoral Tribunal in case of grave abuse of discretion on its part. The HRET ruled in favor of Ang. B. those whose fathers or mothers are citizens of the Philippines are citizens of the Philippines. Andres Ang remained a citizen of the Philippines after the effectivity of the 1987 Constitution. As stated in Lazatin vs. I5%] (1998 Bar Question) How should this case be decided? SUGGESTED ANSWER: A." A was born in the Philippines of Filipino parents. is not a natural born citizen of the Philippines and therefore is disqualified to be a member of the House. Section 1. 1972. This was after the affectivity of the 1973 Constitution on January 17. Suppose in the May 2004 elections he is elected Member of the House of Representatives and a case is filed seeking his disqualification on the ground that he is not a natural-born citizen of the Philippines. Under Section (1). how should the case against him be decided? Explain your answer. 404. Bonto filed a petition for certiorari in the Supreme Court. since judicial power includes the duty to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. 1973. When. Whether the case is justiciable considering that Article VI. Whether Ang is a natural born citizen of the Philippines. Article m of the 1973 Constitution. he went to the United States and was naturalized as an American citizen. 1973. Article IV of the 1987 Constitution provides: "The following are citizens of the Philippines: "(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution. House Electoral Tribunal. 168 SCRA 391. After the EDSA Revolution. he came home to the Philippines and later on reacquired Philippine citizenship by repatriation. [5%] (1998 Bar Question) B. (5%) (2002 Bar Question) Page 269 of 445 Political and Public International Law . Section 17 of the Constitution declares the HRET to be the “sole Judge’ of all contests relating to the election returns and disqualifications of members of the House of Representatives. Andres Ang should be considered a natural born citizen of the Philippines. The case is justiciable. The following issues are raised: A.

Commonwealth Act No. As held in Bengson v. she also took an oath of allegiance to ZOZ. a Filipina medical technologist. by taking an oath of allegiance. left in 1975 to work in ZOZ State. he enlisted in the U. By this act. repatriation results in the recovery of the original nationality. she is not qualified to run for mayor. are Filipino citizens. Since his parents were Filipino citizens. (2003 Bar Question) SUGGESTED ANSWER: Cruz was qualified to run as representative of the First District of Pampanga. Both her parents. Although he became a naturalized American citizen. House of Representatives Electoral Tribunal. She returned home in 2002. House of Representatives Electoral Tribunal. Juan Cruz was born of Filipino parents in 1960 in Pampanga.S. her hometown. he was restored to his former status as a natural-born Filipino when he repatriated. she acquired her husband’s citizenship. Cruz was restored to his original status as a natural-born Filipino citizen. 2430. In 1994. Marine Corps and took an oath of allegiance to the United States of America. In 1988 she married ODH. he was a natural-born citizen. she lost her Philippine citizenship. During the 1998 National Elections. he was naturalized as an American citizen. ODH died in 2001. and sought elective office in 2004 by running for Mayor of APP. Pursuant to ZOZ's law. under the ruling in Benqson v. Since A was a natural-born Filipino citizen before he became a naturalized American citizen. 357 SCRA 545 [2001]. In 1985. (Section 1 [3] . SUGGESTED ANSWER: The case should be decided in favor of A. She replied that although she acquired ZOZ’s citizenship because of marriage. 357 SCRA 545 (2001). leaving her financially secured. TCA. In 1990. she said. 63. Was he qualified to run for the position? Explain. he ran for and was elected representative of the First District of Pampanga where he resided since his repatriation. by virtue of his repatriation. she did not lose her Filipino citizenship. a citizen of ZOZ. he was repatriated under Republic Act No. She did not become a citizen of ZOZ merely by virtue of her marriage. Is TCA qualified to run for Mayor? (5%) (2004 Bar Question) SUGGESTED ANSWER: On the assumption that TCA took an oath of allegiance to ZOZ to acquire the citizenship of her husband.) Page 270 of 445 Political and Public International Law . Her opponent sought to have her disqualified because of her ZOZ citizenship.

(C) a private warehouseman. SUGGESTED ANSWER: (c) SECTION 17. Statement of assets. d. retired. Summary of assets. the City Mayor appointed Jose Reyes. Law on Public Officers A. reinstatement and back salaries I. Pedro Cruz. Can the Civil Service Commission revoke an appointment by the appointing power and direct the appointment of an individual of its choice?(1994 Bar Question) Page 271 of 445 Political and Public International Law . Who has a better right to be appointed to the contested position? (1994 Bar Question) B. Preventive suspension and back salaries 2. Statement of personal assets. Disabilities and inhibitions of public officers F. Immunity of public of public officers SALN means: (2012 BAR EXAMS) a. A. b. Powers and duties of public officers G. liabilities and net worth. the Assistant City Engineer filed a protest with the Civil Service Commission claiming that being the officer next in rank he should have been appointed as City Engineer. (B) a public officer. liabilities and net worth. Modes and kinds of appointment D. IX. Statement of assets in banks. liabilities and net worth. Modes of acquiring title to public office C. General principles B. Vicente Estrada. Rights of public officers H. a civil engineer who formerly worked under Cruz but had been assigned to the Office of the Mayor for the past five years. c. To fill the vacant position. Liabilities of public officers 1. (D) an agent of the party to whom the property will ultimately be awarded. liabilities and net worth. Illegal dismissal. ARTICLE XI OF CONSTITUTION A private person constituted by the court as custodian of property attached to secure a debt sought to be recovered in a civil proceeding is (2011 BAR) (A) a private sheriff. Eligibility and qualification requirements E. the City Engineer of Baguio.

A. 208 SCRA 351. Ozaeta. B’s nomination was confirmed on August 5. he has a better right than Vicente Estrada. 754. According to the ruling in Meddla vs. Civil Service Commission 198 SCRA 487. As held in Barrozo vs. the person holding the position next in rank thereto “shall be considered for promotion. Civil Service Commission 206 SCRA 715. The claim of Estrada that being the officer next in rank he should have been appointed as City Engineer is not meritorious. Sto. Page 272 of 445 Political and Public International Law . can A and B retain their original ranks of colonel? (1994 Bar Question) SUGGESTED ANSWER: A. the ad interim appointment extended to A is permanent and is effective upon his acceptance although it is subject to confirmation by the Commission on Appointments. the appointment extended to him is valid. it would be encroaching upon the discretion of the appointing power. the appointing authority is not required to appoint the one next-in-rank to fill a vacancy. In February 1989. SUGGESTED ANSWER: On the assumption that Jose Reyes possesses the minimum qualification requirements prescribed by law for the position. In December 1988. the concept of “next in rank" does not import any mandatory requirement that the person next in rank must be appointed to the vacancy. Tomas. while Congress was in recess. 1989 while A’s appointment was confirmed on September 5. He is allowed to fill it also by the transfer of an employee who possesses civil service eligibility. It is a settled rule that the appointing authority is not limited to promotion in filling up vacancies but may choose to fill them by the appointment of persons with civil service eligibility appropriate to the position. the CMl Service Commission cannot dictate to the appointing power whom to appoint. Its function is limited to determining whether or not the appointee meets the minimum qualification requirements prescribed for the position. Suppose Congress adjourned without the Commission on Appointments acting on both appointments. A was extended an ad interim appointment as Brigadier General of the Philippine Army. Even if a vacancy were to be filled by promotion. 1989. Who is deemed more senior of the two. A or B? (1994 Bar Question) B. when Congress was in session. A is senior to B. ALTERNATIVE ANSWER: Neither Jose Reyes nor Vicente Estrada has a better right to be appointed City Engineer. B was nominated as Brigadier General of the Philippine Army. Consequently. Otherwise. What the civil service law provides is that if a vacancy is filled by promotion. In accordance with the ruling in Summers vs.” Espanol v. 81 Phil.

a temporary appointment is one issued to a person to a position needed only for a limited period not exceeding six months. a temporary appointment is one issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility because of the absence of appropriate eligible and it is necessary in the public interest to fill the vacancy. Hence. since B did not assume the new position. Ozaeta. 754. Ozaeta. 81 Phil. he retained his old position. A cannot return to his old position. an appointment in the civil service is permanent when issued to a person who meets all the requirements for the position to which he is being appointed. On the other hand. B. When is an appointment in the civil service permanent? (1994 Bar Question) 2. rules and standards promulgated in pursuance thereof. Distinguish between an “appointment in an acting capacity" extended by a Department Secretary from an ad interim appointment extended by the President. As held in Summers vs. If Congress adjourned without the appointments of A and B having been confirmed by the Commission on Appointments. by accepting an ad interim appointment to a new position. On the other hand. (1994 Bar Question) 3. Provisional appointments in general have already been abolished by Republic Act 6040. it still applies with regard to teachers under the Magna Carta for Public School Page 273 of 445 Political and Public International Law . in accordance with the provisions of law. including the appropriate eligibility prescribed. Distinguish between a provisional and a temporary appointment. the Department Secretary may terminate the services of the appointee at any time. 3. 81 Phil. On the other hand. (1994 Bar Question SUGGESTED ANSWER: 1. 1. 2. An appointment in an acting capacity extended by a Department Secretary is not permanent but temporary. A waived his right to hold his old position. an ad interim appointment is permanent. However. Under Section 25(a) of the Civil Service Decree. As held in Summers vs. Under Section 25(b) of the Civil Service Decree. In Section 24 (d) of the Civil Service Act of 1959. Section 24(e) of the Civil Service Act of 1959 defined a provisional appointment as one Issued upon the prior authorization of the Civil Service Commission in accordance with its provisions and the rules and standards promulgated in pursuance thereto to a person who has not qualified in an appropriate examination but who otherwise meets the requirements for appointment to a regular position In the competitive service. 754. an ad interim appointment extended by the President is an appointment which is subject to confirmation by the Commission on Appointments and was made during the recess of Congress. whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of eligible at the time of appointment.

Republic Act 2260) A provisional appointment contemplates a different situation from that of a temporary appointment. is intended for the contingency that “a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of eligible at the time of the appointment. a provisional appointment. On the other hand. Whereas a temporary appointment is designed to fill a position needed only for a limited period not exceeding six (6) months. Osmena. a temporary appointment given to a non-civil service eligible is without a definite tenure and is dependent on the pleasure of the appointing power. Teachers. only that no one with appropriate eligibility can be appointed to it. his appointment is still temporary simply because such is the nature of the work to be done." In other words. all that the law enjoins is that “preference in filling such position be given to persons on appropriate eligible lists. 24 [c]. a provisional appointment may be extended only to a person who has not qualified in an appropriate examination but who otherwise meets the requirements for appointment to a regular position in the competitive service. A provisional appointment is good only until replacement by a civil service eligible and in no case beyond 30 days from date of receipt by the appointing officer of the certificate of eligibility. Under the law. Page 274 of 445 Political and Public International Law . even if the appointee has the required civil service eligibility. laid down the distinction between a provisional and a temporary appointment. SUGGESTED ANSWER: The case of Regis vs. To be more precise. A provisional appointment is extended to a person who has not qualified in an appropriate examination but who otherwise meets the requirements for appointment to a regular position in the competitive service whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of eligible at the time of the appointment. on the other hand. 197 SCRA 308. NOTE: Since provisional appointments have already been abolished examinees should be given full credit for whatever answer they may or may not give. In the case of a temporary appointment. meaning one who must anyway be a civil service eligible. the reason for extending a provisional appointment is not because there is an occasional work to be done and is expected to be finished in not more than six months but because the interest of the service requires that certain work be done by a regular employee." Merely giving preference presupposes that even a non-eligible maybe appointed. any other eligible may be appointed to do such work in the meantime that a suitable eligible does not qualify for the position. Hence. (Sec.

(D) retains his temporary appointment. as amended by Proclamation No.) The School Principal of Ramon Magsaysay High School designated Maria. A City Mayor in Metro Manila was designated as Member of the Local Amnesty Board (LAB) as allowed under the Rules and Regulations Implementing Amnesty Proclamation Nos. The designation was assailed on ground of nepotism. in time. In such a case. as public school teacher in her school. 347 and 348. The LAB is entrusted with the functions of receiving and processing applications for Page 275 of 445 Political and Public International Law . What is the nature of an “acting appointment" to a government office? Does such an appointment give the appointee the right to claim that the appointment will. 194 SCRA 390 [1991]. (B) has the right to demand conversion of his appointment to permanent. The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation. Designation accomplishes the same purpose as appointment. a temporary appointment cannot become a permanent appointment. because Maria’s position does not fall within the prohibition. her daughter. (0. A temporary appointee to a public office who becomes a civil service eligible during his tenure (2011 BAR) (A) loses his temporary appointment without prejudice to his re- appointment as permanent. Civil Service Commission. ripen into a permanent one? Explain. 209 SCRA 637 [1992]. Is such designation valid? (2011 BAR) (A) No. (D) No. unless a new appointment which is permanent is made. As held in Marohombsar v. This holds true unless the acting appointment was made because of a temporary vacancy.5%) (2009 Bar Question) SUGGESTED ANSWER: The statement that the rule on nepotism does not apply to designations made in favor of a relative if the authority making the designation is false. the temporary appointee holds office until the assumption of office by the permanent appointee. (C) automatically becomes a permanent appointee. an acting appointment is merely temporary. because Maria is related to the supervising authority within the prohibited degree of consanguinity. 203 SCRA195 [1991]. (C) No. 377. (Laurel v. because her mother is not the designating authority. because the law prohibits relatives from working within the same government unit. Alonto. (2003 Bar Question) SUGGESTED ANSWER: According to Sevilla v. (B) Yes. Court of Appeals.

May the City Mayor accept his designation without forfeiting his elective position in the light of the provision of Sec. Besides. it is the intention of Section 7. the Local Amnesty Boards under it expires upon the completion of its assigned tasks as may be determined by the President. 1st par. since an elective official is ineligible for an appointive position. Article IX-B of the 1987 Constitution allows appointive officials to hold other offices when allowed by law or by the primary functions of their positions. IX-B of the 1987 Constitution which pertinently states that “(N)o elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure?" Discuss fully. The Constitutional provision being cited contemplates a “public office or position". Article IX. It is the intention of the 1987 Constitution to be more stringent with elective local officials. As held in Flores v. While second paragraph of Section 7. The term of the Commission and. SUGGESTED ANSWER: Yes. X was elected provincial governor for a term of three years. because the position of Presidential Assistant for Political Affairs is a public office. 7. As stated in Flores vs. as concurrent Presidential Assistant for Political Affairs in the Office of the President. Art.. It is believed that the Local Amnesty Board is not such an office since it is merely an ad hoc body. He was subsequently appointed by the President of the Philippines serving at her pleasure. the City Mayor may not accept his designation without forfeiting his elective positions. necessarily. Drilon 223 SCRA 568. which deals with elective officials. Is X’s appointment valid? (5%) (2002 Bar Question) SUGGESTED ANSWER: The appointment of X is not valid. no such exception is made in the first paragraph.B Section 7 of the Constitution provides that no elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. (1995 Bar Question) SUGGESTED ANSWER: No. Drilon. 223 SCRA 563 (1993). amnesty and recommending to the National Amnesty Commission approval or denial of the applications. without additional compensation. he may accept such designation without forfeiting his mayorship. Article X-B of the 1987 Constitution that local elective officials should devote their full time to their constituents. his appointment Page 276 of 445 Political and Public International Law . it is believed that its functions are not “sovereign" in character which is one of the elements of a public office.

is not valid.

M is the Secretary of the Department of Finance. He is also an ex-officio member
of the Monetary Board of the Bangko Sentral ng Pilipinas from which he receives
an additional compensation for every Board meeting attended.

N, a taxpayer, filed a suit in court to declare Secretary M’s membership in the
Monetary Board and his receipt of additional compensation illegal and in violation
of the Constitution. N invoked Article VII, Section 13 of the Constitution which
provides that the President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in the Constitution,
hold any other office or employment during their tenure. N also cited Article IX-B,
Section 8 of the Constitution, which provides that no elective or appointive public
officer or employee shall receive additional, double, or indirect compensation,
unless specifically authorized by law.

If you were the judge, how would you decide the following:

a. the issue regarding the holding of multiple positions? (3%)
b. the issue on the payment of additional or double compensation?(2%)

Explain your answers fully. (2002)

SUGGESTED ANSWER:

a. If I were the judge, I would uphold the validity of the designation of Secretary M as ex
officio member of the Monetary Board. As stated in Civil Liberties Union v. Executive
Secretary, 194 SCRA 317 (1991), the prohibition against the holding of multiple
positions by Cabinet Members in Article VII, Section 13 of the Constitution does not
apply to positions occupied in an ex officio capacity as provided by law and as required
by the primary functions of their office.

b. If I were the judge, I would rule that Secretary M cannot receive any additional
compensation. As stated in Civil Liberties Union v. Executive Secretary, 194 SCRA
317 (1991), a Cabinet Member holding an ex-officio position has no right to receive
additional compensation, for his services in that position are already paid for by the
compensation attached to his principal office.

During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested
at a PNP checkpoint for carrying high-powered firearms in his car. He was
charged and convicted for violation of the COMELEC gun ban. He did not appeal
his conviction and instead applied for executive clemency. Action on the
favorable recommendation of the Board of Pardons and Parole, the President
granted him pardon. Is he eligible to run again for an elective position? Explain
briefly. (5%) (2010 Bar Question)

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Political and Public International Law

SUGGESTED ANSWER:

Mayor Galicia can run again for an elective office but not immediately. Under Section 40
of the Local Government Code, he cannot run for an elective local office within two (2)
years after serving sentence. Under Section 12 of the Omnibus Election Code, he can
run for and elective national office after the expiration of five (5) years from his service
of sentence. The pardon granted to him is not valid. The offense involved a violation of
the Omnibus Election Code and the pardon was granted without the favorable
recommendation of the Commission on elections. (Section 5, Article IX-C of the
Constitution.)

A discretionary duty of a public officer is never delegable. (0.5%) (2009 Bar
Question)

SUGGESTED ANSWER:

The statement that a discretionary duty of a public officer can never be delegated is
false. It can be delegated, if the delegation is authorized (Mechem, A Treatise on the
Law of Public Offices and Officers, p. 368.)

Define:
Principle of holdover (1%) (2009 Bar Question)

SUGGESTED ANSWER:

The principle of holdover means that in the absence of an express or implied
constitutional of statutory provision to the contrary, an officer is entitled to hold his office
until his successor is appointed or chosen and has been qualified. (Topacio Nueno v.
Angeles, 76 Phil. 12 [1946].)

Amor sued for annulment of a deed of sale of Lot 1. While the case was ongoing,
Baltazar, an interested buyer, got a Certification from Atty. Crispin, the Clerk of
Court, that Lot 1 was not involved in any pending case before the court. Acting on
the certification, the Register of Deeds canceled the notice of lis pendens
annotated on Lot 1’s title. Amor filed a damage suit against Atty. Crispin but the
latter invoked good faith and immunity from suit for acts relating to his official
duty, claiming he was not yet the Clerk of Court when Amor filed his action.
Decide. (2011 BAR)
(A) Atty. Crispin is immune from suit since he enjoys the presumption of
regularity of performance of public duty.
(B) Atty. Crispin's defense is invalid since he issued his certification
recklessly without checking the facts.
(C) Atty. Crispin's defense is valid since he was unaware of the pendency
of the case.
(D) As Clerk of Court, Atty. Crispin enjoys absolute immunity from suit for
acts relating to his work.

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Mario, a Bureau of Customs’ examiner, was administratively charged with grave
misconduct and preventively suspended pending investigation. The head of
office found him guilty as charged and ordered his dismissal. The decision
against him was executed pending appeal. The Civil Service Commission (CSC)
subsequently found him guilty and after considering a number of mitigating
circumstances, reduced his penalty to only one month suspension. Is Mario
entitled to back salaries?
(A) Yes, the reduction of the penalty means restoration of his right to back
salaries.
(B) No, the penalty of one month suspension carries with it the forfeiture of
back salaries.
(C) No, he is still guilty of grave misconduct, only the penalty was reduced.
(D) Yes, corresponding to the period of his suspension pending appeal less
one month.

In 1986, F, then the officer-in-charge of Botolan, Zambales was accused of having
violated the Anti-Graft and Corrupt Practices Act before the Sandiganbayan.
Before he could be arraigned, he was elected Governor of Zambales. After his
arraignment, he was put under preventive suspension by the Sandiganbayan “for
the duration of the trial".

(1) Can F successfully challenge the legality of his preventive suspension on the
ground that the criminal case against him involved acts committed during his
term as officer-in-charge and not during his term as Governor? (1990 Bar
Question)

(2) Can F validly object to the aforestated duration of his suspension? (1990 Bar
Question)

SUGGESTED ANSWER:

1. No. F cannot successfully challenge the legality of his preventive suspension on the
ground that the criminal case against him involve acts committed during his term as OIC
and not during his term as governor because suspension from office under Republic Act
3019 refers to any office that the respondent is presently holding and not necessarily to
the one which he hold when he committed the crime with which he is charged. This was
the ruling in Deloso v. Sandiganbayan, 173 SCRA 409.

2. Yes, F can validly object to the duration of the suspension. In Deloso v.
Sandiganbayan, 173 SCRA 409, it was held that the imposition of preventive
suspension for an indefinite period of time is unreasonable and violates the right of the
accused to due process. The people who elected the governor to office would be
deprived of his services for an indefinite period, and his right to hold office would be
nullified. Moreover, since under Section 42 of the Civil Service Decree the duration of
preventive suspension should be limited to ninety (90) days, equal protection demands

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that the duration of preventive suspension under the Anti-Graft and Corrupt Practices
Act be also limited to ninety (90) days.

Maximino, an employee of the Department of Education, is administratively
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
Secretary rendered a verdict, finding Maximino guilty, and ordered his immediate
dismissal from the service.

Maximino appealed to the Civil Service Commission (CSC), which affirmed the
Secretary’s decision. Maximino then elevated the matter to the Court of Appeals
(CA). The CA reversed the CSC decision, exonerating Maximino. The Secretary Of
Education then petitions the Supreme Court (SC) for the review of the CA
decision.

Is the Secretary of Education a proper party to seek the review of the CA decision
exonerating Maximino? Reasons. (2%) (2010 Bar Question)

SUGGESTED ANSWER:

The Secretary of Education is not the proper party to seek a review of the decision of
the Court of Appeals, because he is the one who heard the case and imposed the
penalty. Being the disciplinary authority, the Secretary of Education should be impartial
and should not actively participate in prosecuting Maximino (National Appellate Board of
the National Police Commission v. Mamauag, 466 SCRA 624 [2005]).

If the SC affirms the CA decision, is Maximino entitled to recover back salaries
corresponding to the entire period he was out of the service? ^ Explain your
answer. (3%) (2010 Bar Question)

SUGGESTED ANSWER:

Maximino cannot recover back salaries during his preventive suspension. The law does
not provide for it. Preventive suspension is not a penalty. During the preventive
suspension, he was not yet out of the service. However, he is entitled to back wages
from the time of his dismissal until his reinstatement. The enforcement of the dismissal
pending appeal was punitive, and he was exonerated (Gloria v. Court of Appeals, 306
SCRA 287 [1999])

Exercising power he claims had been granted him by the Executive Order on the
reorganization of the government, the Commissioner of Customs summarily
dismissed two hundred sixty-five officials and employees of the Bureau of
Customs. Most of the ousted employees appealed to the Civil Service
Commission claiming their ouster illegal. The Civil Service Commission, after
hearing, later ordered the Commissioner of Customs to reinstate most of those

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dismissed. Instead of following the order of the Civil Service Commission,
Commissioner Mison intends to bring for review before the Supreme Court, the
same decision of the Commission.

A. If you were the counsel for the Commissioner of Customs, how would you
justify his dismissal of customs officials and employees? (1988 Bar Question)

B. If on the other hand, you were a counsel for the dismissed officials and
employees, how would you sustain the order of the Civil Service Commission
reinstating most of them? State your reasons. (1988 Bar Question)

SUGGESTED ANSWER:

A. I would invoke the resolution in Jose v. Arroyo, G. R. No. 78435, Aug. 11, 1987, in
which the Supreme Court held that under Art. XVIII, sec. 16 of the Constitution, career
service employees may be removed “not for cause but as a result of the reorganization
pursuant to Proclamation No. 3 dated March 25, 1986 and the reorganization following
the ratification of this Constitution.” By virtue of this provision, it was held that the
reorganization of the Bureau of Customs under Executive Order No. 127 may continue
even after the ratification of the Constitution, and career service employees may be
separated from the service without cause as a result of such reorganization.

B. I would argue that art. XVIII, sec. 16 does not really authorize the removal of career
service employees but simply provides for the payment of separation, retirement, and
other benefits accruing to them under the applicable laws. The reference to career
service employees separated “as a result of the... reorganization following the
ratification of this Constitution” is only to those separated as a result of reorganization of
the structure and functions of government (e.g., as a result of abolition of offices) as
distinguished from the reorganization of personnel which is what is referred to therein as
“the reorganization pursuant to Proclamation No. 3 dated March 25, 1986.” For the
power of the government to terminate the employment of elective and appointive
officials pursuant to Art. Ill, sec. 2 of Proclamation No. 3 (otherwise known as the
Provisional Constitution), through the appointment or designation of their successors
has been repeatedly held to have ended on February 2, 1987, when the new
Constitution took effect. (De Leon v. Esguerra, 153 SCRA 602 (1987); Reyes v. Ferrer
G.R. No. 77801, Dec. 11, 1987; Osias v. Ferrer, G.R. No. 77049, March 28, 1988).
Moreover, such replacement of incumbents can only be for cause as prescribed by
Executive Order No. 17, dated May 28, 1986. Since the summary dismissals in question
are not for cause, the removal of the Bureau of Customs officials violates art. IX, B, sec.
2(3) of the Constitution.

J. De facto officer

Rafael questioned the qualifications of Carlos as congressman of the Third
District of Manila on the ground that Carlos is a citizen of the USA. The decision
disqualifying Carlos for being a US citizen came only in March 2010, i.e., after the

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adjournment of the session of Congress on the 3rd year of the position’s three-
year term.

What was Carlos’ status during his incumbency as congressman? 2013 BAR
EXAMS

(A) He was a de jure officer, having been duly elected and proclaimed.
(B) He was not a public officer because he effectively was not entitled to be a
congressman.
(C) He was a de jure officer since he completed the service of his term before he
was disqualified.
(D) He was a de facto officer since he had served and was only disqualified later.
(E) He neither possesses de jure nor de facto status as such determination is
pointless.

SUGGESTED ANSWER:

(D)(Rodriguez v. Tan, G.R. No. L-3913, August 7, 1952, 91 Phil. 724).

Van sought to disqualify Manresa as congresswoman of the third district of
Manila on the ground that the latter is a greencard holder. By the time the case
was decided against Manresa, she had already served her full term as
congresswoman. What was Manresa's status during her incumbency as
congresswoman? (2011 BAR)
(A) She was a de jure officer, having been duly elected.
(B) She was not a public officer because she had no valid existing public
office.
(C) She was a de jure officer since she completed her term before she was
disqualified.
(D) She was a de facto officer since she was elected, served, and her
disqualification only came later.

A government that actually exercises power and control as opposed to the true
and lawful government is in terms of legitimacy (2011 BAR)
(A) a government of force.
(B) an interim government.
(C) a de facto government.
(D) an illegitimate government.

AVE ran for Congressman of QU province. However, his opponent, BART, was
the one proclaimed and seated as the winner of the election by the COMELEC.
AVE filed seasonably a protest before HRET (House of Representatives Electoral
Tribunal). After two years, HRET reversed the COMELEC’s decision and AVE was
proclaimed finally as the duly elected Congressman. Thus, he had only one year
to serve in Congress.

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Can AVE collect salaries and allowances from the government for the first two
years of his term as Congressman?

Should BART refund to the government the salaries and allowances he had
received as Congressman?

What will happen to the bills that BART alone authored and were approved by the
House of Representatives while he was seated as Congressman? Reason and
explain briefly. (5%) (2004 Bar Question)

SUGGESTED ANSWER:

AVE cannot collect salaries and allowances from the government for the first two years
of his term, because in the meanwhile BART collected the salaries and allowances.
BART was a de facto officer while he was in possession of the office. To allow AVE to
collect the salaries and allowances will result in making the government pay a second
time. (Mechem, A Treatise on the Law of Public Offices and Public Officers, [1890] pp.
222-223.)

BART is not required to refund to the government the salaries and allowances he
received. As a de facto officer, he is entitled to the salaries and allowances because he
rendered services during his incumbency. (Rodriguez v. Tan, 91 Phil. ‘724 [1952]).

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement
is false. Explain your answer in not more than two (2) sentences. (5%) (2009 Bar
Question)

A de facto public officer is, by right, entitled to receive the salaries and
emoluments attached to the public office he holds.

SUGGESTED ANSWER:

True. De facto officers are entitled to emoluments attached to the office for actual
services rendered Civil Liberties Union v. Executive Secretary, 194 SCRA 317 [1991]).

Mayor Lucia of Casidsid filed her certificate of candidacy for congresswoman of
the district covering Casidsid. Still, she continued to act as mayor of Casidsid
without collecting her salaries as such. When she lost the election and a new
mayor assumed office, she filed an action to collect the salaries she did not get
while serving as mayor even when she ran for congresswoman. Is her action
correct? (2011 BAR)
(A) No, salaries can be waived and she waived them.
(B) No, because her acts as de facto officer are void insofar as she is
concerned.
(C) Yes, public policy demands that a de facto officer enjoy the same rights
of a de jure officer.

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(D) Yes, it is but just that she be paid for the service she rendered.

True or False. A person who occupies an office that is defectively created is a de
facto officer. (0.5%) (2009 Bar Question)

SUGGESTED ANSWER:

The statement that a person who occupies an office that is defectively created is a de
facto officer is false. For him to be a de facto officer, the office must be validly created.
(Tuanda v. Sandiganbayan, 249 SCRA 342 [1995].)

SUGGESTED ANSWER:

The statement that a person who occupies in office that is defectively created is a de
facto officer is true. The person appointed or elected pursuant to an unconstitutional law
is a de facto officer, before the law is declared to be such. (State v. Caroll, 38 Conn.
[1871].)

K. Termination of official relation

How may the following be removed from office: (1993 Bar Question)
A. Senators & Congressmen
B. Judges of lower courts
C. Officers and employees in the Civil Service

SUGGESTED ANSWER:

A. In accordance with Art. Ill, section 16(3), of the Constitution, Senators and
Congressmen may be removed by their expulsion for disorderly behavior, with the
concurrence of at least two-thirds of all the members of the House to which they belong.
In addition, they may also be removed in consequence of an election contest filed with
the Senate or House of Representatives Electoral Tribunal.

B. Under Art. VIII, sec. 11 of the Constitution, judges of lower courts may be removed
by dismissal by the Supreme by a vote of a majority of the Members who actually took
part in the deliberation on the issues in the case and voted thereon.

C. Under Art. IX, B. Sec. 2(3) of the Constitution, officers and employees in the Civil
Service may only be removed for cause as provided by law and after observance of due
process.

Their removal must be effected by the appropriate disciplinary authority in accordance
with Ch. 7 secs. 47-48 of Book V of the Administrative Code of 1987 and the Civil
Service Rules and Regulations.

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A, an employee of the National Treasurer, retired on January 10, 1996. Before she
could collect her retirement benefits, the National Treasurer discovered that A
had been negligent in the encashment of falsified treasury warrants. It appears,
however, that A had received all money and property clearances from the
National Treasurer before her retirement.

Can the National Treasurer withhold the retirement of A pending determination of
her negligence in the encashment of the falsified treasury warrants? Explain.
(1996 Bar Question)

SUGGESTED ANSWER:

In accordance with Tantuico vs. Domingo. 230 SCRA 391 and Cruz vs. Tantuico. 166
SCRA 670. the National Treasurer cannot withhold the payment of the retirement
benefits of A pending determination of her liability for negli-gence in the encashment of
the falsified treasury warrants, because her retirement benefits are exempt from
execution.

L. The Civil Service
1. Scope
2. Appointments to the civil service
3. Personnel actions

Where A is set for promotion to Administrative Assistant III and B to the post of
Administrative Assistant II vacated by A, the appointing authority must (2011
BAR)
(A) submit to the CSC the two promotional appointments together for
approval.
(B) not appoint B until the CSC has approved A’s appointment.
(C) submit to the Civil Service Commission (CSC) the second appointment
after its approval of the first.
(D) simultaneously issue the appointments of A and B.

When the Civil Service Commission (CSC) approves the appointment of the
Executive Director of the Land Transportation Franchising and Regulatory Board
who possesses all the prescribed qualifications, the CSC performs (2011 BAR)
(A) a discretionary duty.
(B) a mix discretionary and ministerial duty.
(C) a ministerial duty.
(D) a rule-making duty.

The rule requiring Congress to provide for the standardization of compensation
of government officials and employees. [2%] (1998 Bar Question)

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whether performing governmental or proprietary functions. The DOST Secretary found him guilty and meted him the penalty of removal from office. Commissioned officers and enlisted men of the Armed Forces. distinguishes between government corporations and their subsidiaries. What characterizes the career service and what are included in the career service? (2%) (1999 Bar Question) SUGGESTED ANSWER: According to Section 7. Personnel of government . which provides for the standardization of the compen-sation of government officials and employees. Book V of the Administrative Code of 1987. Can he claim salary for the period that his case was pending appeal? Why? (2%) (2001 Bar Question) Page 286 of 445 Political and Public International Law . was charged administratively. He appealed to the Civil Service Commission (CSC). In the meantime. who do not fall under the non-career service. 3. The CSC rendered a decision which modified the appealed decision by imposing only a penalty of reprimand. Alfonso Beit. 4. the career service is characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examination or based on highly technical qualifications. Article IX-B of the Constitution. or unskilled. The career service include: 1. semiskilled. (2) opportunity for advancement to higher career positions. Closed career positions which are scientific or highly technical in nature. Title I. he was preventively suspended for 90 days. 5. and (3) security of tenure. Positions in the career executive service. and which decision became final. for the provision applies only to government corporations with original charters. A. Pending investigation. Career officers other than those in the career executive service.owned or controlled corporations. Can Alfonso Belt claim salary for the period that his case was pending investigation? Why? (3%) (2001 Bar Question) B. Permanent laborers. who are appointed by the President. and 7. 6. 2. a supply officer in the Department of Science and Technology (DOST). whether skilled. SUGGESTED ANSWER: Section 5. the decision was executed pending appeal. Open career positions for appointment to which prior qualifications in an appropriate examination is required. Chapter 2.

under Article IX-B. Court of Appeals. Court of Appeals. as City Treasurer from among three (3) employees of the city considered for the said position. As held in Gloria vs. Title I. 306 SCRA 287 (1997)].) If the penalty was modified because Alfonso Beit was exonerated of the charge that was the basis for the decision ordering his dismissal. is owned and controlled by the Republic of the Philippines. directs the corporation to comply with Civil Service Rules in the appointment of all of its officers and employees. [Dela Cruz vs. in a memorandum-order. Amelia. Its imposition was lawful. How should the case be resolved? (2003 Bar Question) SUGGESTED ANSWER: The memorandum-order of the Civil Service Commission should be declared void. PNOC Shipping and Transit Corporation. and the penalty was merely commuted. Alfonso Beit is not entitled to back wages. this would be tantamount to punishing him after exoneration from the charge which caused his dismissal. a holder of a certificate of registration issued by the Securities and Exchange Commission. The preventive suspension was not a penalty. Should the Civil Service Commission approve the promotional appointment of Amelia? Why or why not? (6%) (2008 Bar Question) SUGGESTED ANSWER: The Civil Service Commission should disapprove the promotional appointment of Amelia. Amelia had been an Assistant City Treasurer for ten (10) years. Section 2(1) of the 1987 Constitution government. because only government-owned or controlled corporations with original charters are covered by the Civil Service. otherwise. Book V of the Administrative Page 287 of 445 Political and Public International Law . The Civil Service Commission (CSC). If he was reprimanded for the same charge which was the basis of the decision ordering his dismissal. The Mayor of San Jose City appointed his wife. 381 SCRA 742 [2002]. since it was authorized by law. as well as by its officers and employees. the provision for payment of salaries during the period of preventive suspension during the pendency of the investigation has been deleted. A corporation. As held in Gamoqamo v. SUGGESTED ANSWER: (a) Alfonso Beit cannot claim any salary for the period of his preventive suspension during the pendency of the investigation. he is entitled to back wages. Prior to said promotion. Section 59 (1). [Gloria vs. The memorandum-order of the CSC is assailed by the corporation. (b. Subsection A. that is. Court of Appeals. Chapter 7. because he was found guilty. under Section 52 of the Civil Service Law.owned or controlled corporations organized under the Corporation Code are not covered by the Civil Service Law but by the Labor Code. 305 SCRA 303 (1998)]. even before she married the City Mayor. before the court. 306 SCRA 287 (1997).

whether original or promotional (Debulgado v. issued an Office Order directing the top immigration officials to tender courtesy resignation to give him a free hand in reorganizing the agency.) The new Commissioner of Immigration. 237 SCRA 184 [1994]). Will the action prosper? (2011 BAR) (A) No. Director Sison went to court. estoppel precludes Director Sison from disclaiming the resignation he freely tendered. Court of AppeaIs. exercise his discretion according to law and the best interest of the State. the Secretary of Justice found X guilty as charged and Page 288 of 445 Political and Public International Law . (D) Yes. (C) Yes. was charged with grave misconduct and preventively suspended for 90 days pending investigation. A new appointment which is permanent is necessary. (D) No. The Solicitor General declines to institute a civil action on behalf of a government agency due to his strained relation with its head.for so long as no one has yet been appointed to replace him. (B) No. Is the Solicitor General correct? (2011 BAR) (A) Yes. Director Sison merely complied with the order of the head of office. (Province of Camarines Sur v. X. its offices and officers is mandatory and absolute. he must. the element of clear intention to relinguish office is lacking. an administrative officer in the Department of Justice. In compliance. in choosing whether to prosecute an action. (C) Yes. Code prohibits all appointments in the cities of a relative of the appointing authority within the third degree of consanguinity or affinity. when he deems he cannot harmoniously and effectively work with the requesting agency. insisting that the agency’s lawyers can file the action. 246 SCRA281 [1995]. he has the right to choose whom to serve and represent. Suarez. Suarez immediately accepted. Director Sison may still withdraw his resignation. as in any lawyer-client relationship. assailing the validity of his courtesy resignation and Mr. (B) No. (0. The prohibition applies to all appointments. Director Sison tendered his resignation and it was accepted. Mr.5%) (2009 Bar Question) SUGGESTED ANSWER: The statement that the acquisition of civil service eligibility during the tenure of a temporary appointee does not automatically translate to a permanent appointment is true. Acquisition of civil service eligibility during tenure of a temporary appointee does not automatically translate to a permanent appointment. Based on the evidence. Suarez’s acceptance of the same. the Solicitor General's duty to represent the government. Civil Service Commission. Director Sison of the Administrative Department tendered his resignation in writing which Mr.

therefore. p. M. (B) X is entitled to reinstatement and back salaries corresponding only to the period of delay caused by those prosecuting the case against him. IV. The Supreme Court has already ruled that the provision in Article XVIII." (D) X is entitled to reinstatement and back salaries during his suspension pending appeal. Madam Chief Justice Blue challenges such immediate transmittal to the Senate because the verified complaint 1) not included in the order of business of the Page 289 of 445 Political and Public International Law . ALTERNATIVE ANSWER: The President can be impeached for culpable violation of the Constitution and graft and corruption (Article XI. dismissed him from the service. the President violated Section 3€ of the Anti-Graft and corrupt Practices act because of the undue injury to the republic of the Philippines. 138570. Section 2). p. X's dismissal was executed. Zamora. (Report of the Special Committee in the Impeachment of President Quirino. By entering into the executive agreement. II. that he acted in good faith. Impeachment Cite at least two (2) grounds for impeachment and explain why you chose them. Section 25 of the Constitution requires a treaty even for the mere temporary presence of foreign troops in the Philippines (Bayan v. Congressional Record of the House of Representatives. a. G. Vol. 1553). October 10. the Civil Service Commission (CSC) reversed the Secretary’s decision and the reversal became final and executory. 2000. Pending appeal. Vol. 272). Subsequently. Section 5 of the 1987 Constitution). (C) X is entitled to reinstatement but not to back salaries on ground of "damnum absque injuria. (6%) SUGGESTED ANSWER: The President can be impeached for culpable violation of the Constitution and betrayal of public trust. In his oath of office. Betrayal of public trust includes violation of the oath of the office of the President (Record of the Constitutional Commission. The complaint was immediately transmitted to the Senate for trial. The President cannot claim. Accountability of public officers 1. No. What is the effect of X's exoneration? (2011 BAR) (A) X is entitled to reinstatement and back salaries both during his 90 day preventive suspension and his suspension pending appeal. the President swore to preserve and defend the Constitution (Article VII. 342 SCRA 499).R. A verified impeachment complaint was filed by two hundred (200) Members of the House of Representatives against Madam Chief Justice Blue. Congressional Record of the House of President Quirino.

p.( bernas. b. treason. b. (5%) b. A commentary. SUGGESTED ANSWER: (D) SECTION 2. section 3. article XI of the Constitution. c. since the verified complaint was filed by 200 members of the house of representatives and they constituted at least one third of its Members. betrayal of public trust Which one is NOT among the Constitutionally mandated grounds for impeachment of impeachable officials: (2012 BAR EXAMS) a. culpable violation of the constitution 2. Article XI of the 1987 Constitution. ARTICLE XI OF CONSTITUTION Which is NOT an impeachable public officer: (2012 BAR EXAMS) a. Decide with reasons. 2009 ed. Section 3. graft and corruption and other high crimes. The person convicted is subject to prosecution and punishment according to law. a commissioner of the Comelec. (section 3(7). the following are the grounds for Impeachment: 1. (section 3 (4). d. article of the Constitution. Page 290 of 445 Political and Public International Law .. culpable violation of the Constitution. culpable violation of the duty to be at all times accountable to the people. the 1987 constitution of the Philippines. Enumerate the grounds for impeachment. Bribery 4. Is graft and corruption a ground for impeachment? (2%)(2012 BAR EXAMS) SUGGESTED ANSWER: a. b. a justice of the Supreme Court. The verified complaint constitutes the article of impeachment. 2) was not referred to the House Committee on Justice for hearing and consideration for sufficiency in form and substance. betrayal of public trust. (3%) c. the purpose of impeachment is not to punish but only to remove a public officer to secure the people against gross political misdemeanors. and 3) was not submitted to the House Plenary for consideration as enumerated in Paragraph (2). What is the purpose of Impeachment? Does conviction prevent further prosecution and punishment? Explain. Graft and Corruption 5. 1150) Conviction does not prevent further prosecution and punishment. House. bribery. and the trial by the senate should proceed forthwith. Article XI of the constitution. it need not undergo the procedure in paragraph 2. and 6.) c. Other high crimes. Treason 3.

nevertheless be liable and subject to prosecution. the Senate. verified complaint and notice. the administrator of the Supreme Court. b. ARTICLE XI OF CONSTITUTION Which has the exclusive power to initiate all cases of impeachment: (2012 BAR EXAMS) a. trial and punishment under the Anti-Graft and Corrupt Practices Act. SUGGESTED ANSWER: (D) SECTION 2. d. nevertheless be immune from prosecution. b. trial and punishment according to law. trial and punishment according to law. ARTICLE XI OF CONSTITUTION As a leading member of the Lapiang Mandirigma in the House of Representatives. verified complaint and resolution. c. the Speaker of the House of Representatives SUGGESTED ANSWER: Section 3(1). Article of Constitution At least one-third of all the members of the House of Representatives may file articles of impeachment by: (2012 BAR EXAMS) a. nevertheless be liable and subject to prosecution. the Ombudsman. SUGGESTED ANSWER: (B) SECTION 3(1). the House of Representatives. ARTICLE XI OF CONSTITUTION A public officer impeached and removed from office shall: (2012 BAR EXAMS) a. d. the Senate President. b. trial and punishment only for criminal acts under the law. d. verified bill and resolution. d. c. c. SUGGESTED ANSWER: (c) SECTION 3(7). nevertheless be liable and subject to prosecution. you were tasked by the party to initiate the moves to impeach the President Page 291 of 445 Political and Public International Law . c. verified notice and resolution.

October 10. Vol. II. Vol. the House of Representatives Committee on Justice found the verified complaint for impeachment against the President sufficient in form but insufficient in substance. 138570. p. another impeachment suit was filed against the President who questioned the same for being violative of the Constitution.. (B) No. Within the same year.R. for free. p. Section 25 of the Constitution requires a treaty even for the mere temporary presence of foreign troops in the Philippines (Bayan v. 1553). 342 SCRA 499). this did not yet happen. In his oath of office. the President violated Section 3€ of the Anti-Graft and corrupt Practices act because of the undue injury to the republic of the Philippines. without need to pay rent nor any kind of fees as a show of goodwill to the U. By entering into the executive agreement. i. The Supreme Court has already ruled that the provision in Article XVIII. (6%) 2013 BAR EXAMS SUGGESTED ANSWER: The President can be impeached for culpable violation of the Constitution and betrayal of public trust. (Report of the Special Committee in the Impeachment of President Quirino. Betrayal of public trust includes violation of the oath of the office of the President (Record of the Constitutional Commission. Page 292 of 445 Political and Public International Law . The President cannot claim. ALTERNATIVE ANSWER: The President can be impeached for culpable violation of the Constitution and graft and corruption (Article XI. 272). The one-year-bar rule in impeachment proceedings is to be reckoned from the time the (1%)2014 BAR EXAMS (A) first impeachment complaint is filed (B) impeachment complaint is referred to the Committee on Justice (C) House of Representatives vote on the impeachment complaint (D) House of Representatives endorses the Articles of Impeachment to the Senate Upon endorsement from the Senate where it was first mistakenly filed. Cite at least two (2) grounds for impeachment and explain why you chose them.e. the first complaint was not deemed initiated because it was originally filed with the Senate. because of the continuing harmonious RPUS relations. the President swore to preserve and defend the Constitution (Article VII. 2000. Section 2). No. because he entered into an executive agreement with the US Ambassador for the use of the former Subic Naval Base by the US Navy. IV. Congressional Record of the House of Representatives. therefore. that he acted in good faith. G. Zamora. Is the President correct? (2011 BAR) (A) No. Section 5 of the 1987 Constitution).S. Congressional Record of the House of President Quirino. "initiated" means the Articles of Impeachment have been actually filed with the Senate for trial.

liabilities and net worth. (section 17 article xi of the constitution) The Ombudsman and his deputies are appointed by the President from a Page 293 of 445 Political and Public International Law . liabilities. Judicial review in penal proceedings Judge Red is the Executive Judge of Green City. Ombudsman (Sections 5 to 14. 221 scra 464) B. (C) Yes. a.) C. Under section 13(1) article xi of the constitution. No. Vasquez. or otherwise known as "The Ombudsman Act of 1989. 191 scra 545. and net worth? (2%) (2012 BAR EXAMS) SUGGESTED ANSWER: A. any administrative action against him or any court official or employee falls under the exclusive jurisdiction of the Supreme Court.") a. the dismissal of the first impeachment proceeding bars the initiation of another during the same term of the President.A. Judge Red refused to recognize the authority of the Office of the Ombudsman over him because according to him. Red is known to have corrupt tendencies and has a reputation widely known among practicing lawyers for accepting bribes. Since the complaint refers to the performance of the duties of judge red. in Relation to R. The ombudsman can investigate crime or offenses committed by public officers which are not connected with the performance of their duties. Ombudsman Grey. 6770. Who are required by the Constitution to submit a declaration under oath of his assets. (Deloso vs. Domingo. initiated an investigation on the alleged irregularities in the performance of duties of Judge Red. ombudsman grey should not act on it and should not act on it and should refer it to the supreme court. (Maceda vs. Functions b. Article XI of the 1987 Constitution. (5%) b. wishing to "clean up" the government from errant public officials. the ombudsman can investigate any act or omission of a public official which is illegal. (3%) c. Judicial review in administrative proceedings c. Does the Ombudsman have authority to conduct investigation over crimes or offenses committed by public officials that are NOT in connection or related at all to the official’s discharge of his duties and functions? Explain. Decide with reasons. no impeachment proceeding can be filed against the President more than once within a year. All public officers and employees are required to submit a declaration under oath of their assets. 2. (D) Yes. His investigation will encroach upon the exclusive power of administrative supervision of the supreme court over all courts.

Members of Congress. (B) independently of the Ombudsman. (D) independently of the Ombudsman. SUGGESTED ANSWER: (C) SECTION 9. (C) only when authorized by the Ombudsman. 10 car plate. alleging that he could be investigated only by the Supreme Court under its power of supervision granted in the Constitution. c. Teehankee. b. (15%) (2004 Bar Question) SUGGESTED ANSWER: The petition of CTD should be dismissed. he has the rank of a Justice of the Court of Appeals. This simply means that he has the same compensation and privileges as a Justice of the Court of Appeals. Should CTD's petition be granted or dismissed? Reason briefly. a Commissioner of the National Labor Relations Commission (NLRC). list prepared by: (2012 BAR EXAMS) a. CTD. he does not belong to the Judiciary but to the Executive Department. A disgruntled litigant filed a complaint against him for violation of the Anti-Graft and Corrupt Practices Act before the Ombudsman. the Commission on Appointments. While CTD has the rank of a Justice of the Court of Appeals. the Supreme Court. the Integrated Bar of the Philippines. and the Judiciary. If the Supreme Court were to investigate CTD. d. it would be performing a non-judicial function. except officials who may be removed only by impeachment. the Judicial and Bar Council. ARTICLE XI OF CONSTITUTION The Office of the Special Prosecutor may file an information against a public officer for graft (2011 BAR) (A) on its own initiative subject to withdrawal of the information by the Ombudsman. and entitled to the corresponding privileges. When a witness is granted transactional immunity in exchange for his testimony on how his immediate superior induced him to destroy public records to cover up Page 294 of 445 Political and Public International Law . except in plunder cases. Hence. sports a No. (Noblejas v. Section 21 of the Ombudsman Act vests the Office of the Ombudsman with disciplinary authority over all elective and appointive officials of the government. CTD now seeks to enjoin the Ombudsman in a petition for prohibition. 23 SCRA 405 [1968]). He contends that under the law creating the NLRC. the OMB has no jurisdiction over the complaint against him. This will violate the principle of separation of powers.

Moreover. Preventive Page 295 of 445 Political and Public International Law . An administrative complaint for violation of the Anti-Graft and Corrupt Practices Act against X was filed with the Ombudsman. the respondent is under his authority. Aggrieved. the Ombudsman ordered the preventive suspension of X pending preliminary investigation. Immediately after taking cognizance of the case and the affidavits submitted to him. Is the petitioner’s contention meritorious? Discuss briefly. under Section 24 of Republic Act No. X questioned the suspension order. The suspension meted out to him is preventive and not punitive. (1996 Bar Question) SUGGESTED ANSWER: No. 6770. in violation of due process. (C) falsification of public documents. Flavier. the Ombudsman can place under preventive suspension any officer under his disciplinary authority pending an investigation. X is not correct. the latter's act of malversation of public funds. (5%) (2004 Bar Question) SUGGESTED ANSWER: The contention of Director WOW is not meritorious. the witness may NOT be prosecuted for (2011 BAR) (A) direct contempt. 226 SCRA 645. WOW petitioned the Court of Appeals to annul the preventive suspension order on the ground that the Ombudsman could only recommend but not impose the suspension. even if they are employed in other offices in the Government. Congress intended to empower the Ombudsman to suspend all officers. (B) infidelity in the custody of public records. some assets were not included in his Statement of Assets and Liabilities. he was suspended from office for six months. Section 24 of Republic Act No. The moment a complaint is filed with the Ombudsman. according to WOW. The words “subordinate" and “in his bureau” do not appear in the grant of such power to the Ombudsman. (D) false testimony. contending that the Ombudsman can only suspend preventively subordinate employees in his own office. 6770 grants the Ombudsman the power to impose preventive suspension up to six months. As held in Buenaseda vs. Moreover. Director WOW failed the lifestyle check conducted by the Ombudsman’s Office because WOW’S assets were grossly disproportionate to his salary and allowances. Is X correct? Explain. the suspension was imposed without any notice or hearing. He was charged of graft and corrupt practices and pending the completion of investigations.

Vasquez. or FALSE if the statement is false. the question involved is purely legal. Since the suspension of Director WOW was immediately executory. [Art. 6. 314 SCRA 207 (1999J). (Garcia v. but only because the order suspending him was immediately executory. Should the motion to dismiss be granted or not? Discuss briefly. 221 SCRA 464 (1993)] TRUE or FALSE. 617was filed and pending in his office. Bunagan. Mojica. For his part. and petitioner failed to exhaust administrative remedies. he would have suffered irreparable injury had he tried to exhaust administrative remedies before filing a petition in court (University of the Philippines Board of Regents v. The Ombudsman cannot investigate the complaint. (Azarcon v. (5%) (2009 Bar Question) Page 296 of 445 Political and Public International Law . Constitution. (4%) (2005 Bar Question) SUGGESTED ANSWER: The ruling of the Ombudsman is not correct. Answer TRUE if the statement is true. (5%) (2004 Bar Question) SUGGESTED ANSWER: The motion to dismiss should be denied. WOW admitted he filed no motion for reconsideration. Maceda v. The criminal complaint against Judge Palacpac for knowingly rendering an unjust decision arises from his administrative duties. VIII. Judge Palacpac filed a motion with the Ombudsman to refer the complaint to the Supreme Court to determine whether an administrative aspect was involved in the said case. Explain your answer in not more than two (2) sentences. 200 SCRA 685 [199 ID. State with reasons whether the Ombudsman's ruling is correct.Besides. According to the Ombudsman the evidence of guilt of WOW is strong. the Ombudsman moved to dismiss WOWs petition. because it will encroach upon the power of the Supreme Court of administrative supervision over all courts and their personnel. 399 SCRA 365 [2003]). Rasul. suspension may be imposed without any notice or hearing. The Ombudsman denied the motion on the ground that no administrative case against Judge Palacpac relative to the decision in Criminal Case No. It is merely a preliminary step in an administrative investigation and is not the final determination of the guilt of the officer concerned. 617. Pedro Masipag filed with the Ombudsman a complaint against RTC Judge Jose Palacpac with violation of Article 204 of the Revised Penal Code for knowingly rendering an unjust judgment in Criminal Case No. Sec.

which is not a penalty but a preventive measure.3019). Sandiganbayan. Ill-gotten wealth The Senate Blue Ribbon Committee summoned X. Since Section 13 of the Anti-Graft and Corruption Practices Act does not state that the public officer must be suspended only in the office where he is alleged to have committed the acts which he has been charged. he can be suspended only by the House of Representatives and that the criminal case against him did not arise from his actuations as a member of the House of Representatives. X sought to restrain the Page 297 of 445 Political and Public International Law . 3. Section 16(3) of the Constitution is a punishment that is imposed by the Senate or House of Representatives upon an erring member. the suspension contemplated in Article VI. 356 SCRA 636. to shed light on his alleged illicit acquisition of properties claimed by the Presidential Commission on Good Government. 503 SCRA 631 [2006]). Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory.A.Graft and Corrupt Practices Act. allegedly committed when he was still a Provincial Governor. a criminal complaint was filed against him before the Office of the Ombudsman for which. It is distinct from the suspension under Section 13 of the Anti. upon a finding of probable cause. Madriaga. Representative Valera questioned the validity of the Sandiganbayan order on the ground that. the Ombudsman has the power to ensure compliance with the imposition of penalty on public officers it finds at fault by virtue of its disciplinary authority (Office of the Ombudsman v. During the course of trial. under Article VI. Under Section 15(3] of the Ombudsman Act. as amended. the Sandiganbayan issued an order of preventive suspension for 90 days against him. Sandiganbayan Simeon Valera was formerly a Provincial Governor who ran and won as a Member of the House of Representatives for the Second Congressional District of Iloilo. No. For violation of Section 3 of the Anti-Graft and Corrupt Practices Act (R. SUGGESTED ANSWER: False. Is Representative Valera's contention correct? Why? (5%) (2002 Bar Question) SUGGESTED ANSWER: The contention of Representative Valera is not correct As held in Santiago v. a former department secretary. a criminal case was filed with the Sandiganbayan. Section 16(3) of the Constitution. it applies to any office which he may be holding 4.

The investigation may (2011 BAR) (A) not be restrained on ground of separation of powers. the provincial. as amended. Administrative Law A. (D) be restrained for being sub judice. X. Committee from proceeding with its investigation because of a pending criminal case against him before the Sandiganbayan for ill-gotten wealth involving the same properties. Section 15 of the Constitution does not apply to criminal cases for violation of the Anti-Graft and Corrupt Practices Act. General principles Are government-owned or controlled corporations within the scope and meaning of the “Government of the Philippines”? (1997 Bar Question) SUGGESTED ANSWER: Section 2 of the Introductory Provision of the Administrative Code of 1987 defines the government of the Philippines as the corporate governmental entity through which the functions of government are exercised throughout the Philippines. 3019). municipal or barangay subdivision or other forms of local government. Government-owned or controlled corporation are within the scope and meaning of the Page 298 of 445 Political and Public International Law . No.A. Article XI. Does the right of the government to recover the illegally acquired wealth prescribe? (3%) (2002 Bar Question) SUGGESTED ANSWER: A. same as the contrary appears from the context. B. (C) not be restrained on ground of presumed validity of legislative action. Desierto. A violation of Section 3(b) and (c) of the Anti-Graft and Corrupt Practices Act prescribes. 317 SCRA 272 (1999). Section 15 of the Constitution provides that the right of the State to recover properties unlawfully acquired by public officials or employees. Does the criminal offense committed prescribe? (2%) B. including. Suppose a public officer has committed a violation of Section 3 (b) and (c) of the Anti-Graft and Corrupt Practices Act (R. shall not be barred by prescription. by receiving monetary and other material considerations for contracts entered into by him in behalf of the government and in connection with other transactions. the various arms through which political authority is made effective in the Philippines. A. or from them or from their nominees or transferees. Decide. city. Article XI. (B) be restrained on ground of prejudicial question. As held in Presidential Ad-Hoc Fact-Finding Committee on Behest Loans v. as a result of which he has amassed illegally acquired wealth. whether pertaining to the autonomous regions.

Administrative Code of 1987. office. because it is merely attached to the Department of Transportation and Communication. 2. Bangko Sentral ng Pilipinas. 3. [Section 2(4j. Presidential Decree No. Introductory Provisions. endowed with some if not all corporate powers. 261 SCRA 667 (1996)]. Republic Act No. not integrated within the department framework. and it is endowed with all corporate powers through its charter. Introductory Provisions. Department of Public Works and Highway. Manner of creation 3. and enjoying operational autonomy. Administrative agencies 1. Marcos. Mactan Cebu v. Mactan Cebu v. because it is an office under the Department of Transportation and Communication. 857. and enjoys operational autonomy through its charter. [Section 3(10). vested with special functions or jurisdiction by law.) 3. This term includes regulatory agencies. usually through a charter. Marcos. Kinds State with reason(s) which of the following is a government agency or a government instrumentality: 1. Government of the Philippines if they are performing governmental or political functions. An instrumentality of the government refers to any agency of the national government. 4. (Sections 4(a) and 6 (a)(2). (Section 4(a). (Section 1. it is vested with the special function of regulating ports. instrumentality. B. 5. because it is a department. chartered institutions. The Land Transportation Office is an agency of the government. administering special funds. (5%) (2005 Bar Question) SUGGESTED ANSWER: An agency of the government refers to any of the various units of the government. 261 SCRA 667 (1996)]. including a department. Land Bank of the Philippines. because it is vested with the special function of being the central monetary authority. Page 299 of 445 Political and Public International Law . The Department of Public Works and Highways is an agency of the government. bureau. Definition 2. 7653. or government-owned or controlled corporation.) 4. Land Transportation Office. or a local government or a distinct unit therein. Administrative Code of 1987. and government-owned or controlled corporation. Philippine Ports Authority. 2. The Philippine Ports Authority is a government instrumentality. The Bangko Sentral ng Pilipinas is a government instrumentality. 1.

Administrative res judicata 3. Agency includes any department. c. grant rights or privileges. commission. Republic Act No. licensing and rate-fixing powers Which one of the following theories does not support the valid delegation of authority by the Congress to an administrative agency: (2012 BAR EXAMS) a. Administrative Code of 1987). (Section 74. Chapter 1. and adjudicate cases. (Book VII. 2. 4136. bureau. contingent legislation. The Land Bank of the Philippines is a government instrumentality. 310 SCRA 304 Page 300 of 445 Political and Public International Law . Requisites for validity 2. C. UNITED BF HOMEONWERS ASSOCIATION VS BF HOMES INC. all of the above mentioned are considered agencies because they perform either adjudicative or rule-making function. privileges. SUGGESTED ANSWER: D. authority or officer of the National Government authorized by law or executive order to make rules. Administrative due process b. and it enjoys autonomy through a charter. b. issue licenses. Sec. the legislature may leave to another body the ascertainment of facts necessary to bring the law into actual operation. Powers of administrative agencies 1. d. it is endowed with all corporate powers. office.) 5. Kinds of administrative rules and regulations b. investigative. research institutions with respect to licensing functions. In view of this definition. Quasi-legislative (rule-making) power a. Administrative appeal and review c. and officials in the exercise of disciplinary power as provided by law. an administrative agency may "fill up the details" of a statute. an administrative agency has equal expertise with the legislature in crafting and implementing laws. Agrarian Land Reform Code. because it is vested with the special function of financing agrarian reform. government corporations with respect to functions regulating private rights. occupation or business.) ALTERNATIVE ANSWER: An agency is defined as any government authority other than a court or a legislative body which affects private rights. Quasi-judicial (adjudicatory) power a. Fact-finding. either through rule-making or adjudication.

if not otherwise required by law. as far as practicable. publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. fixes and describes the procedures in or practice requirements of. agency process involving the grant. CHAPTER 1. revocation or conditioning of a license. d. an agency process for the formulation of a final order. SUGGESTED ANSWER: (D) Section 9(1). Chapter 2. renewal. an agency shall: (2012 BAR EXAMS) a. b. denial. Book Vii Of Administrative Code The requirement of the Administrative Code on "public participation" is that. in all clear and proper cases. d. Which one of the enumeration below does not come under the Administrative Code definition of a "rule": (2012 BAR EXAMS) a. or other form of permission. c. in all cases. c. "adjudication" means: (2012 BAR EXAMS) a. an agency. whole or any part of any agency permit. or regulation of the exercise of a right or privilege. Chapter 1. Book Vii Of Administrative Code Under the Administrative Code. SUGGESTED ANSWER: (B) SECTION 2(9). as far as practicable. an agency process for the formulation of a final order. or repeal of a rule. includes memoranda and statements concerning internal administration. amendment. agency statement of general applicability that implements or interprets a law. d. b. agency process for the formulation. b. c. BOOK VII OF ADMINISTRATIVE CODE Page 301 of 445 Political and Public International Law . publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. certificate. SUGGESTED ANSWER: (D) Section 2(2). publish or circulate notices of proposed rules and afford the party-list parties the opportunity to submit their views prior to the adoption of any rule.

it is a valid exercise of the power of subordinate legislation. the rule goes beyond the sphere of the law. in the fixing of rates. Law Center for publication at least two weeks before the first hearing thereon. Is the MMDA rule valid? (2011 BAR) (A) No. since the MMDA does not have rule-making power. d. b. the proposed rates shall have been published in the Official Gazette at least two weeks before the final hearing thereon. and confiscate their registration plates for the second.P. for the first offense. d. it is an implicit consequence of the law upon which it acted. SUGGESTED ANSWER: (D) Ang Tibay Vs Court Of Industrial Relations. the proposed rates shall have been submitted to the U. 635 Under the Administrative Code. (D) No. more than a glint of scintilla. the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the final hearing thereon. c. 69 Phil. A law authorized the Secretary of Agriculture to require the quarantine of animals that suffer from dangerous communicable diseases at such place and for such time he deems necessary to prevent their spread. (C) Yes. The MMDA issued this rule to implement a law that authorized it to suspend the licenses of drivers who violate traffic rules. imposing a penalty of imprisonment for 10 days on persons Page 302 of 445 Political and Public International Law . b. One of the cardinal primary due process rights in administrative proceedings is that evidence must be "substantial. The Secretary of Agriculture issued a regulation. less than a mere scintilla. less than preponderant scintilla. the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the first hearing thereon. Chapter 2. c. (B) Yes. more than a mere scintilla. Book Vii Of Administrative Code The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic enforcers to impound illegally parked vehicles. no rules or final order shall be valid unless: (2012 BAR EXAMS) a." "Substantial evidence" is: (2012 BAR EXAMS) a. SUGGESTED ANSWER: (C) Section 9(2).

(Presidential Anti-Dollar Salting Task Force v Court of Appeals. (B) invalid for being ultra vires. Carifio v. Rico now files a motion to quash the writ and to vacate the Judgment contending that it is the Housing and Land Use Regulatory Board (HLURB) which is vested with original and exclusive Jurisdiction over cases involving the real estate business. it is not bound strictly by the technical rules of evidence and procedure. [1991]). it must observe the requirements of due process. The decision became final. The regulation is (2011 BAR) (A) a valid exercise of the power of subordinate legislation. Inc. CHR. [1992]. and upon motion by ABC Realty. Rico prays for the dismissal of the complaint and for the nullity of the Page 303 of 445 Political and Public International Law .5% (2006 Bar Question) SUGGESTED ANSWER: A quasi-judicial body is an administrative agency which performs adjudicative functions. [1989]. Rico failed to file an answer. transporting quarantined animals without his permission. judgment was rendered against him. Although it is authorized by law to try and decide certain cases. The ABC Realty. (B) published and hearings are conducted. 208 SCRA 125. CHR 2045 SCRA 483. (C) a valid exercise of police power. However. What is a quasi-judicial body or agency? 2. (D) invalid for being discriminatory. Procedural due process in administrative proceedings (2011 BAR) (A) requires the tribunal to consider the evidence presented. (C) published and posted in three public places. EPZA v. SUGGESTED ANSWER: A quasi-judicial body is an organ of government other than a court and other than a legislature which affects the rights of private parties through either adjudication or rule- making. 171 SCRA 348. An administrative rule that fixes rates is valid only when the proposed rates are (2011 BAR) (A) published and filed with the UP Law Center. (D) published and all stakeholders are personally notified. (B) allows the losing party to file a motion for reconsideration. (C) requires hearing the parties on oral argument. was declared in default. filed a complaint against Rico for the collection of unpaid installments on a subdivision lot purchased by the latter. (D) permits the parties to file memoranda. the judge issued a writ of execution. and after reception of plaintiff s evidence ex parte.

After due notice and hearing. v. the decision is void. having become final and executory. on the basis of the evidence presented by Manila Transportation Com-pany and the Oppositors. partakes of the nature of a quasi judicial. pursuant to Presidential Decree No.000. Explain. TRB issued an Order reducing the rates applied for by one-fourth. the TRB. Characterize the powers exercised by the TRB in this case and determine whether under the present constitutional system the Transportation Regulatory Board can be validly conferred the powers exercised by it in issuing the Orders given above. 10 SCRA 46 (1964) it was held that a rate order. Answer the following queries: A. In Vigan Electric Light Co. as a general rule. Who has jurisdiction over the collection suit? (1993 Bar Question) B. person or body exercising judicial or quasi-judicial functions. without previous hearing. Page 304 of 445 Political and Public International Law . As held in Estate Developers and Investors Corporation vs. B. The Manila Transportation Company applied for upward adjustment of its rates before the Transportation Regulatory Board. decision.00. RTCs have exclusive and original Jurisdiction over cases in which the amount of controversy exceeds P20. Court of Appeals. (1987 Bar Question) SUGGESTED ANSWER: The orders in this case involve the exercise of judicial function by an administrative agency. Pending the petition.000. function. and therefore. The realty firm opposes the motion arguing that under BP 129. 213 SCRA 353. 1344. the decision of the Regional Trial Court can still be vacated. granted a general nationwide provisional increase of rates. the cardinal primary rights enumerated in Ang Tibay v.00 exists only in all cases where the case does not otherwise fall within the exclusive jurisdiction of any other court. Yes. can it still be vacated? (1993 Bar Question) SUGGESTED ANSWER: A. In another Order. The RTC decision. The jurisdiction of the Regional Trial Court over cases in which the amount of controversy exceeds P20. 69 Phil. CIR. it is the Housing and Land Use Regulatory Board which has jurisdiction over the claim of a developer against a buyer for the payment of the balance of the purchase price of a lot. rather than legislative. even if it has become final and executory. PSC. tribunal. TRB required the company to pay the unpaid supervisory fees collectible under the Public Service Law. 635 (1940) must be observed. Since the Regional Trial Court had no jurisdiction over the case. which applies exclusively to a particular party and is predicated on a finding of fact.

before it may be ordered to pay. The power of the Public Service Commission to grant such increase was upheld in several cases. The shipping lines object to the admission of the statements as evidence contending that during their execution. CIR. such as increase in the cost of fuel. 635 (1940)) The third order can be justified. Halili v. was found to have contraband goods on board. is valid if justified by urgent public need. 1036 (1953)) The second order requiring the company to pay unpaid supervisory fees under the Public Service Act cannot be sustained. report and recommendation of the Board of Special Inquiry. 92 Phil. for his deportation as an undesirable alien. Ocampo. A complaint was filed by Intelligence agents of the Bureau of Immigration and Deportation (BID) against Stevie. The company has a right to be heard. Pts. The Customs Team found out that the vessel did not have the required ship’s permit and shipping documents. a lawyer from the Legal Department of the BID presented as witnesses the three Intelligence agents who filed the complaint. the ship captain and the ship’s resident agent executed sworn statements before the Custom legal officer admitting that contraband cargo were found aboard the vessel. on the contrary. In the course of the forfeiture proceedings. The fact that the TRB has allowed a provisional rate increase does not bind it to make the order permanent if the evidence later submitted does not justify increase but. in violation of due process. while moored at the South Harbor. warrants the reduction of rates. The first order. On the basis of the findings. The Immigration Commissioner directed the Special Board of Inquiry to conduct an investigation. The vessel and its cargo were held and a warrant of Seizure and Detention was issued after due investigation. (1993 Bar Question) SUGGESTED ANSWER: The admission of the statements of the captain and the shipping agent as evidence did not violate due process even if they were not assisted by counsel. 777 (1952). Ltd. v. PSC. the strict rules of evidence and procedure will not apply in administrative proceedings like seizure and forfeiture proceedings. Moreover. In Feeder International Line. (Ang Tibay v. a German national. Court of Appeals. the captain and the shipping agent were not assisted by counsel. The S/S “Masoy" of Panamanian registry. Stevie’s lawyer questioned the deportation order: Page 305 of 445 Political and Public International Law . (Silva v. granting a provisional rate increase without hearing. 90 Phil. At the said investigation. Decide. 69 Phil. 197 SCRA 842. the BID Commissioners unanimously voted for Stevie's deportation. What is important is that the parties are afforded the opportunity to be heard and the decision of the administrative authority is based on substantial evidence. it was held that the assistance of counsel is not indispensable to due process in forfeiture proceedings since such proceedings are not criminal in nature.

required that to give the substance of a hearing. liable in damages arising from its delayed release of the title to the house and lot that it sold to Josephine. the decision is supported by substantial evidence. which is for the purpose of making determinations upon evidence the officer who makes the determinations must consider and appraise the evidence which justifies them. the findings of the subordinates are not conclusive upon the Commissioners. Inc. there is no question that the requirements of due process and fair trial are fully met. In American Tobacco Co. On the ground that Stevie was denied due process because the BID Commissioners who rendered the decision were not the ones who received the evidence. Stevie is not correct. Court of Industrial Relations. and did not simply accept the views of their subordinates in arriving at a decision. 470. Is he correct? (1994 Bar Question) SUGGESTED ANSWER: A. and the commissioners acted on their own independent consideration of the law and facts of the case. In short. the prosecutor. however. affirming the attached HLURB judgment. Amores. In accordance with the ruling in Erlanger & Galinger. Inc. vs. A. and the hearing officers were all subordinates of the Commissioner of the Bureau of Immigration and Deportation. who have the discretion to accept or reject them. v. the prosecutor and the hearing officers were all subordinates of the BID Commissioners who rendered the deportation decision. Director of Patents. Atlantic Page 306 of 445 Political and Public International Law . No. administrative due process does not require that the actual taking of testimony or the presentation of evidence before the same officer who will decide the case. vs. The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes. It is. the power to hold a hearing on the basis of which his decision will be made can be delegated and is not offensive to due process. Atlantic appealed to the Office of the President which rendered a one page decision. and the decision is supported by the evidence in the record. As held in Adamson & Adamson. Stevie was not denied due process simply be-cause the complainants. Inc. the Supreme Court has ruled that so long as the actual decision on the merits of the cases is made by the officer authorized by law to decide. No. 110 Phil." B. there is no abrogation of responsibility on the part of the officer concerned as the actual decision remains with and is made by said officer. On the ground that there was a violation of due process because the complainants. 67 SCRA 287. 152 SCRA 237. The Court noted that: “As long as a party is not deprived of his right to present his own case and submit evidence in support thereof. in violation of the “He who decides must hear" rule. Is he correct? (1994 Bar Question) B. What is important is that Stevie was not deprived of his right to present his own case and submit evidence in support thereof.

because the misconduct of the student involves his status as a student or affects the good name or reputation of the school. the Office of the President is not precluded from adopting the factual findings and legal conclusions contained in the HLURB decision. Is the challenge correct? (2011 BAR) (A) No. Mahigpit left the campus and went shopping in a department store. If you were the judge. Ting saw Mahigpit and without any warning mauled the latter. outside the school’s jurisdiction. the Administrative Code requires that the review shall be made: (2012 BAR EXAMS) a. was given a failing grade by Professor Mahigpit. it was held that school can subject to disciplinary action a student who assaulted a professor outside the school premises. The school and the Dean answered that the school can investigate Ting since his conduct outside school hours and even outside of school premises affect the welfare of the school. the Office of the President is governed by its own rules respecting review of cases appealed to it. The misconduct of Ting directly affects his suitability as a student. Doctrine of primary administrative jurisdiction 2. the case involves a student and faculty member. The Dean set the complaint for hearing. 112 SCRA 26. on the basis of the record taken as a whole. and furthermore. administrative due process demands that the Office of the President make findings and conclusions independent of its subordinate. b. I would dismiss the petition. (C) Yes. Doctrine of exhaustion of administrative remedies 3. the decision of the Office of the President must contain its own crafted factual findings and legal conclusions. Ting filed a petition before the RTC to prohibit the Dean and the school from investigating him contending that the mauling Incident happened outside the school premises and therefore. Ting. a student of Bangkerohan University. Doctrine of finality of administrative action In the judicial review of decisions of administrative agencies. on the basis of the pleadings taken as a whole. Ting confronted Professor Mahigpit at the corridor after class and a heated argument ensued. In Angeles u. (D) No. Judicial recourse and review 1. Mahigpit filed an administrative complaint against Ting before the Dean of Students for breach of university rules and regulations. D. how would you decide the case? (1993 Bar Question) SUGGESTED ANSWER: If I were the judge. Page 307 of 445 Political and Public International Law . challenges the validity of the decision of the Office of the President for not stating the facts and the law on which it is based. (B) Yes. Cooler heads prevented the verbal war ending in physical confrontation. However. Sison.

shall be final. shall be final. except when specifically provided otherwise by law: (2012 BAR EXAMS) a. (Gonzales vs. b. c. unless actually disapproved by him. d. d. will you grant the motion? EXPLAIN. or (3) where the respondent is a department secretary. Book Vii Of Administrative Code In the judicial review of decisions of administrative agencies. ABC Corporation. 123-15 prescribing the administrative requirements for the conversion of a timber license agreement (TLA) into an Integrated Forestry Management Agreement (IFMA). ABC Corporation goes to court seeking the nullification of the subject circular. on the basis of the evidence taken as a whole. the findings of fact of the agency when supported by preponderant evidence. Abaya vs. 1963. L-21897. shall be final. c. Page 308 of 445 Political and Public International Law . If you were the judge. October 22. the findings of law of the agency when supported by credible evidence. Chapter 4. 2015 BAR EXAMS SUGGESTED ANSWER: The rule regarding exhaustion of administrative remedies is not a hard and fast rule. claims that the conditions for conversion imposed by the said circular are unreasonable and arbitrary and a patent nullity because it violates the non-impairment clause under the Bill of Rights of the 1987 Constitution. the findings of law of agency when supported by substantial evidence. or (2) where the controverted act is patently illegal or was performed without jurisdiction or in excess of jurisdiction. Hechanova. on the basis of the memoranda taken as a whole. 9 SCRA 230. a holder of a TLA which is about to expire. whose acts as an alter ego of the President bear the implied or assumed approval of the latter. SUGGESTED ANSWER: (B) Section 25(7). or (4) where there are circumstances indicating the urgency of judicial intervention. It is not applicable: (1) where the question in dispute is purely a legal one. The DENR moves to dismiss the case on the ground that ABC Corporation has failed to exhaust administrative remedies which is fatal to its cause of action. the findings of fact of the agency when supported by substantial evidence. The Secretary of the Department of Environment and Natural Resources (DENR) issued Memorandum Circular No. the Administrative Code requires that. shall be final.

(Cipriano vs. Subido. Court of Appeals. 1967. Lopez. (2010 Bar Question) SUGGESTED ANSWER: A. As stated in Industrial Enterprises. the failure to exhaust administrative remedies does not affect the jurisdiction of the court but results in the lack of a cause of action. when is an administrative action ripe for judicial review? (5%) (2001 Bar Question) SUGGESTED ANSWER: The following are the conditions for ripeness for judicial review of an administrative action: . 31 SCRA 637) A. 43 SCRA 291). December 17. 18 SCRA. September 15. Court of Appeals. and Page 309 of 445 Political and Public International Law . Does the failure to exhaust administrative remedies before filing a case in court oust said court of jurisdiction to hear the case? Explain.The administrative action has already been fully completed and. No. 1966. L-25641. although the matter is within the jurisdiction of the court. B. that is. L-21691. Marcelino. when there is no due process observed (Villanos vs. Give the two (2) requisites for the judicial review of administrative decision/actions. Subido. 45 SCRA 299). The doctrine of primary jurisdiction and the doctrine of exhaustion of administrative remedies both deal with the proper relationships between the courts and administrative agencies. B. The doctrine of exhaustion of administrative remedies applies where a claim is cognizable in the first instance by an administrative agency alone. Villegas. Maria vs. As held in Rosario vs. Mitra vs. the doctrine of primary Jurisdiction applies where a case is within the concurrent Jurisdiction of the court and an administrative agency but the determination of the case requires the technical expertise of the administrative agency. the failure to exhaust administrative remedies before filing a case in court does not oust the court of jurisdiction to hear the case. speedy and adequate remedy. 211 SCRA 384. In such a case. 21 SCRA 127) Said principle may also be disregarded when it does not provide a plain. Judicial interference is withheld until the administrative process has been completed. Distinguish the doctrine of primary jurisdiction from the doctrine of exhaustion of administrative remedies. a final agency action. because a condition precedent that must be satisfied before action can be filed was not fulfilled. vs. 184 SCRA 426. Inc. it must yield to the Jurisdiction of the administrative case. or where the protestant has no other recourse (Sta. therefore.

On the basis of a verified report and confidential information that various electronic equipment. 177 SCRA 753. The following day. All administrative remedies have been exhausted. Acting Collector of Customs. the Collector of Customs. which were illegally imported into the Philippines. The following are the exceptions to the doctrine of exhaustion of administrative remedies: . from whose decision an appeal to the Court of Tax Appeals lies. a Warrant of Seizure and Detention against the corporation for the seizure of the electronic equipment. Page 310 of 445 Political and Public International Law . The inventory of the seized articles was signed by the Secretary of the Tikasan Corporation. the Collector of Customs of Cebu issued. enjoin the Collector and his agents from further proceeding with the forfeiture hearing and to secure the return of the confiscated equipment. p. B. In his comment to the petition. What are the exceptions to the rule on exhaustion of administrative remedies? (1991 Bar Question) SUGGESTED ANSWER: A. A..The case deals with private land. Two days thereafter. the corporation filed with the Supreme Court a petition for certiorari. Cebu City. Rex Bookstore: Manila. through the Office of the Solicitor General. a hearing officer in the Office of the Collector of Customs conducted a hearing on the confiscation of the equipment. the administrative remedy available under Section 2313 of the Tariff and Customs Code is to appeal to the Commissioner of Customs. contends that he is authorized under the Tariff and Custom Code to order the seizure of the equipment whose duties and taxes were not paid and that the corporation did not exhaust administrative remedies. only a judge may issue a search warrant. The warrant particularly describes the electronic equipment and specifies the provisions of the Tariff and Customs Code which were violated by the importation. The warrant was served and implemented in the afternoon of 2 January 1988 by Customs policemen who then seized the described equipment. Administrative Law. alleging therein that the warrant issued is null and void for the reason that. If the Court would sustain the contention of the Collector of Customs on the matter of exhaustion of administrative remedies. [Gonzales. what is the administrative remedy available to the corporation? (1991 Bar Question) B. in the morning of 2 January 1988. prohibition and mandamus to set aside the warrant. were found in the bodega of the Tikasan Corporation located at 1002 Binakayan St. As pointed out in Chia vs. pursuant to Section 2 of Article III of the 1987 Constitution. 136 (1979)]. .

. No.The question involved is purely legal. . was dismissed by the Governor without formal investigation pursuant to Section 40 of the Civil Service Decree (P. L-12837. 6654.The law expressly provides for immediate judicial review.The aggrieved party will suffer irreparable injury. Give at least three (3) exceptions to its application. As lawyer of Jose Tapulan. there is no need to exhaust all administrative remedies by appealing to the Civil Service Commission. For being notoriously undesirable and a recidivist.There is denial of due process.The aggrieved party is poor. The doctrine of exhaustion of administrative remedies means that when an adequate remedy is available within the Executive Department. G. The purpose of the doctrine is to enable the administrative agencies to correct themselves if they have committed an error.The case involves a quo warranto proceeding. .The decision is patently illegal. Court of Appeals. (3%) (2000 Bar Question) SUGGESTED ANSWER: A. since the act of the governor is patently illegal. 165 SCRA 344 11988J. . A. 1308. Osmeña. . and .There was unreasonable delay in the administrative proceedings. an employee in the first level of the career service in the Office of the Provincial Governor of Masbate. would you take to protect his rights? (1991 Bar Question) SUGGESTED ANSWER: Section 40 of the Civil Service Decree has been repealed by Republic Act No.R. Explain the doctrine of exhaustion of administrative remedies. In accordance with the ruling in Mangubat vs. (Rosales v. (2%) (2000 Bar Question) B. No. . .Public interest is involved. a litigant must first exhaust this remedy before he can resort to the courts. 105 Phil. April 30. . 1959.) B.There is estoppel. The following are the exceptions to the application of the doctrine of exhaustion of administrative remedies: Page 311 of 445 Political and Public International Law . if any. Jose Tapulan. .Resort to administrative remedies would be futile. 807) which authorizes summary proceedings in such cases. As a lawyer of Jose what steps.D. I will file a petition for mandamus to compel his reinstatement.The decision is that of a department head. . .

The act complained of is patently illegal. Election Law A. G. . . Court of Appeals. . 301 SCRA 237 [1999]): .Grave and irreparable injury will be suffered. speedy and adequate remedy. 115) In the case of illiterate and disabled voters. Culture and Sports. 2). Sandiganbayan. Inc. 305 SCRA 147 [1999]).The action involves recoveiy of physical possession of public land (Gabrito v. 180 SCRA 623 [1989D: and .The case involves a quo warranto proceeding [Sunville Timber Products.Resort to administrative remedies would be futile (University of the Philippines Board of Regents v. illiterate and disabled voters shall be allowed to vote under existing laws and regulations (Art.There is an urgent need for judicial intervention. 131641.The administrative body is in estoppel: . No. (Omnibus Election Code.There is unreasonable delay (Republic v. their voter’s affidavit may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by any member of the board of election inspectors who shall prepare the Page 312 of 445 Political and Public International Law . . while of legal age and of sound mind. Suffrage “A”. u.The law provides for immediate resort to the court (Rullan v. [Nazareno u. [Note: The examinee should be given full credit if he gives three of the above-mentioned exceptions. Court of Appeals.The claim involved Is small. Inc.The party is poor (Sabello v.] XI. who is running for mayor.There is no other plain. Sec. .The decision is that of a Department Secretary.The subject of the controversy is private law.Strong public interest is involved. Valdez. . It is necessary for any qualified voter to register in order to vote. 12 SCRA 501 [1964]). This will be the first time “A” will vote and he has never registered as a voter before. Abad. What advice will you give him on the procedure he needs to follow in order to be able to vote? (1987 Bar Question) SUGGESTED ANSWER: The Constitution provides that until Congress shall have provided otherwise. Department of Education.The party was denied due process (Samahang Magbubuktd ng Kapdula. is illiterate. Sec. . Court of Appeals. 167 SCRA 771 11988]): .R. 2000). V. 206SCRA 482 (19921): .The question involved is purely legal: . . v. He has asked your advice on how he can vote in the coming election for his brother. February 23. . . Rasul 200 SCRA 685 [1991]): .

Registration A. should votes for him with the prefix “Engineer" be invalidated as "marked ballots"?(1994 Bar Question) SUGGESTED ANSWER: A. Samonte. has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor. (C) may be brought straight to the Supreme Court. Registration of voters D. (D) is appealable to the Commission on Elections. the idem sonans rule means that a name or surname incorrectly written which. Inclusion and exclusion proceedings The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions from the list of voters (2011 BAR) (A) is inappealable. (Mandac v. Political parties 1. 7 of the rules for the appreciation of ballots in Section 211 of the Omnibus Election Code. 127) B. conveys to the ears when pronounced according to the commonly accepted methods. the name thus given is a sufficient designation of the person referred to. Its application is aimed at realizing the objective of every election which is to Page 313 of 445 Political and Public International Law . If a candidate for town mayor is an engineer by profession. SUGGESTED ANSWER: Idem sonans literally means the same or similar sound. has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor. 211. 284). Under Rule No. This principle is made manifest In one of the rules for the appreciation of ballots embodied in the Omnibus Election Code (Sec. if the name as spelled in the ballot. 49 Phil. affidavit in accordance with the data supplied by the applicant. Thus. What is a “stray ballot"?(1994 Bar Question) C. The question whether one name is idem sonans with another is not a question of spelling but of pronunciation. Qualification and disqualification of voters C. Jurisdiction of the COMELEC over political parties 2. BP 881) stating that “A name or surname incorrectly written which when read. What is your understanding of the principle of idem sonans as applied in the Election Law? (1994 Bar Question) B. though different from the correct spelling thereof. when read. E.. a sound practically identical with the sound of the correct name as commonly pronounced. (Id. sec. (B) is subject to an action for annulment.

Corpuz u. No. (D) Yes. so long as the intention of the voter appears to be clear. No. the fresh mandate given her during the recall election erased her disqualification for a third term. Can Adela run again for Mayor in the next succeeding election without violating the 3 term limit? (2011 BAR) (A) No. Qualifications of candidates 2. Under Rule No. C. Effect of disqualification g. Effect of filing b. COMELEC ousted her in an election protest that Gudi. Nuisance candidates e. obtain the expression of the voters will. On her third term. F. 184. 12 of the rules for the appreciation of ballots. 19 of the rules for the appreciation of ballots in Section 211 of the Omnibus Election Code. The term means sounding the same or nearly alike. stray ballot is one cast in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself. filed against her. Filing of certificates of candidacy a. ballots which contain such prefixes are valid. (B) A. Page 314 of 445 Political and Public International Law .(1949). Although the Code does not provide for stray ballot. a ballot in which the name of a candidate for town mayor who is an engineer which is prefixed with “engineer" should not be invalidated as a marked ballot. she already won the mayoralty election for 3 consecutive terms. Gudi faced recall proceedings and Adela ran in the recall election against him. Two years later. Adela won and served as Mayor for Gudi's remaining term. Ministerial duty of COMELEC to receive certificate d. her opponent. Candidacy 1. Ibay. (C) Yes. Under Rule No. Withdrawal of candidates Adela served as Mayor of Kasim for 2 consecutive terms. The Supreme Court has ruled that the principle of idem sonans is liberally construed. B. it is presumed that stray ballot refers to stray vote. Substitution of candidates c. 84 Phil. she won the regular mayoralty election for two consecutive terms and the recall election constitutes her third term. The rule is based on the idea that the misspelling of a name or lack of skill in writing should not be taken as a ground for rejecting the votes apparently intended for a candidate. her ouster from office in her third term interrupted the continuity of her service as mayor. Petition to deny or cancel certificates of candidacy f.

whether national or local. SUGGESTED ANSWER: (C) Marquera v.R. which provided that any elected official. No. If Pedro Reyes were. 1965. 1. peaceful and orderly elections. He intends to run in the regular elections for the position of City Mayor of Quezon City whose incumbent mayor would have fully served three consecutive terms by 2004. Once he files his certificate of candidacy. who runs for any office other than the one he is holding in a permanent capacity. instead. an incumbent Congressman of Quezon City. Once and if he is proclaimed winner in the election. (2003 Bar Question) B. (B) It is valid as the bond requirements ensures that only candidates with sufficient means and who cannot be corrupted. can run for public office. Borra. September 7. (E) It is valid because it is a reasonable requirement. 15 SCRA 7) A. except for President and Vice President. Would Pedro Reyes have to give up his position as Vice-Mayor. When the campaign period starts. (D) It is invalid as the amount of the surety bond is excessive and unconscionable. Pedro Reyes is an incumbent Vice-Mayor of Quezon City. who intends to seek the mayoralty post in Quezon City. shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. or 5. the Constitution itself expressly supports the accountability of public officers. (C) It is invalid as the requirement effectively imposes a property qualification to run for public office. The bond shall be forfeited if the candidates fail to obtain at least 10% of the votes cast. G. which would be your choice? (2003 Bar Question) SUGGESTED ANSWER: (A) The correct answer is Section 14 of the Fair Election Act repealed Section 67 of the Omnibus Election Code. Upon his assumption to the elective office. honest. None of the above. Choose the correct answer. or 4. 1234 requiring all candidates for public offices to post an election bond equivalent to the one (1) year salary for the position for which they are candidates. 1234 valid? (1%) 2013 BAR EXAMS (A) It is valid as the bond is a means of ensuring fair. would your choice of answer in letter (a) above be the same? If not. Is Republic Act No. or 2. L-24761. or 3. Congress enacted Republic Act No. Section 14 of the Fair Election Page 315 of 445 Political and Public International Law .

In the May 8. A resident of the locality? Explain. Local Government Code). 1995 elections for local officials whose terms were to commence on June 30. (Section 39(a). He will have to give up his position as Vice-Mayor upon expiration of his term as Vice. 1995 his certificate of candidacy for the Office of Governor of Laguna. (5%) (2005 Bar Question) SUGGESTED ANSWER: A. (Note: The question did not ask the examinee to explain the reason for his choice and the general instructions requires such discussion only to a “yes” or “no" answer. To be qualified for the office to which a local official has been elected. [Frivaldo vs. 2004. 8436. it became impossible to hold therein free. Commission on Elections. To be qualified for the office to which a local official has been elected. he must be a resident of the locality for at least one year immediately before the election. Consequently. it is sufficient that he is a Filipino citizen at the time of his proclamation and at the start of his term.Mayor on June 30. B. Several candidates for municipal positions withdrew from the race. An official begins to discharge his functions only upon his proclamation and on the day his term of office begins. Philippine citizenship is required for holding an elective public office to ensure that no person owing allegiance to another country shall govern our people and a unit of the Philippine territory.) (B) The answer is the same if Pedro Reyes is a Congressman of Quezon City. Ricky filed on March 20. One candidate for Mayor petitioned the COMELEC for the postponement of the elections and the holding of special elections after the causes of such postponement or failure of elections shall have Page 316 of 445 Political and Public International Law . B. because the repeal of Section 67 of the Omnibus Election Code covers both elective national and local officials. It is admitted that he is a repatriated Filipino citizen and a resident of the Province of Laguna. Pedro Reyes can run for Mayor without giving up his position as Vice- Mayor. Act likewise rendered ineffective the first proviso in the third paragraph of Section 11 of Republic Act No. 1995. To be qualified for the office to which a local official has been elected. when at the latest should he be: A. He won. 257 SCRA 727 (1996)]. but his qualifications as an elected official was questioned. orderly and honest elections. Due to violence and terrorism attending the casting of votes in a municipality in Lanao del Sur during the last 8 May 1995 elections. A Filipino Citizen? Explain.

(2002 Bar Question) Page 317 of 445 Political and Public International Law . May his certificate of candidacy be accepted? Explain. 156 SCRA 582. the answer will be different. A. Suppose he ran as a substitute for a candidate who previously withdrew his candidacy. if so. ceased. when he is very much married. (1995 Bar Question) SUGGESTED ANSWER: A. (B) will subject him to a quo warranto action. the Supreme Court stated that a two-to-one decision rendered by a Division of the Commission on Elections and a three-to-two decision rendered by the Commission on Elections en banc was valid where only five members took part in deciding the case. Was B ipso facto considered resigned and. A. a City Legal Officer. if so. the Commission on Elections shall decide by a majority vote of all its members any case or matter brought before it. Commission on Elections. state the reason or reasons for your answer. Article LX-A of the 1987 Constitution. a City Vice-Mayor. effective on what date? (3%) In both cases. A. though separated. A person who was not a candidate at the time of the postponement of the elections decided to run for an elective position and filed a certificate of candidacy prior to the special elections. No. No. effective on what date? (2%) B. In Cua vs. his certificate of candidacy cannot be accepted. (C) remains valid. will your answer be the same? Explain. his certificate of candidacy (2011 BAR) (A) may be canceled. and B. but the substitute must belong to and must be endorsed by the same party. B. Under Section 75 of the Omnibus Election Code. How many votes of the COMELEC Commissioners may be cast to grant the petition? Explain. Under Section 75 of the Omnibus Election Code. Was A ipso facto considered resigned and. as a rule in cases of postponement or failure of election no additional certificate of candidacy shall be accepted. According to Section 7. (D) may be denied due course. filed certificates of candidacy for the position of City Mayor in the May 14. (1995 Bar Question) C. C. 2001 elections. (1995 Bar Question) B. an additional certificate of candidacy may be accepted in cases of postponement or failure of election if there was a substitution of candidates. Where a candidate for the Senate stated in his certificate of candidacy that he is single.

Statement of contributions and expenses Mayor Pink is eyeing re-election in the next mayoralty race. or Comelec division? Answer with reasons. 396 Scra 703) Page 318 of 445 Political and Public International Law . he filed a petition to disqualify Mayor Pink for engaging in an election campaign outside the designated period. (5%) (2012 BAR EXAMS) SUGGESTED ANSWER: 1. Lawful and prohibited election propaganda 4. Which is the correct body to rule on the matter? Comelec en banc. Green is the political opponent of Mayor Pink. It Is The Commission On Elections En Banc Which Should Decide The Petition. Prohibited contributions 3. G. Rule on the petition. holding public gatherings and speaking about how good the town is doing. Commission On Elections. noticing that Mayor Pink had gained advantage over him because of her activities before the campaign period. SUGGESTED ANSWER: A. Limitations on expenses 5. giving away pink t-shirts with "Kay Mayor Pink Ako" printed on them. Since It Involves The Exercise Of The Administrative Powers Of The Commission On Election. Article Ix-C Of The Constitution Is Not Applicable. (Baytan Vs. Section 3. Campaign 1. but she has been going around town giving away sacks of rice with the words "Mahal Tayo ni Mayor Pink" printed on them. Premature campaigning 2. 1. Section 67 of the Omnibus Election Code considers any elective official ipso facto resigned from office upon his filing of a certificate of candidacy for any office other than the one he is holding except for President and Vice-President. In April. B. B is not considered ipso facto resigned. Section 66 of the Omnibus Election Code provides that any person holding a public appointive office shall be considered ipso facto resigned upon the filing of his certificate of candidacy. The deadline for filing of Certificate of Candidacy (CoC) is on March 23 and the campaign period commences the following day. One month before the deadline. because being a City Legal Officer. he is an appointive official. was repealed by the Fair Election Act. (2%) 2. A was considered ipso facto resigned upon the filing of his certificate of candidacy. Mr. Pink has yet to file her CoC. It was common knowledge in the town that Mayor Pink will run for re-election in the coming elections.

(Lanot Vs. Under Section 80 Of The Omnibus Election Code To Be Liable For Premature Campaigning He Must Be A Candidate. The proclamation divests the Commission on Elections of jurisdiction over the question of disqualifications pending before it at the time of the proclamation. she ignored that decision and did not bother appealing it. Pre-proclamation controversy 5. Any case pertaining to questions over the qualifications of a winning candidate should be raised before the House of Representative Electoral Tribunal (Limkaichong v. She then immediately took her oath of office. The proclamation of the winning candidate is the operative fact that triggers the exclusive jurisdiction of the house of Representative Electoral Tribunal over election contests relating to the election. Petition not to give due course to or cancel a certificate of candidacy 2. 583 SCRA 1 (2011 BAR). Powers I. 2. How defensible is the argument of Beauty? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: The House of Representatives Electoral Tribunal has acquired exclusive jurisdiction over the case of Beauty. Jr. Petition to declare failure of elections 4. Jalosjos. returns and qualifications of the winning candidate. which case was eventually decided by the COMELEC against her 10 days after the election. Board of Election Inspectors and Board of Canvassers 1. 674 SCRA 530 (2013 BAR). The Petition Should Be Denied. Quo warranto Beauty was proclaimed as the winning candidate for the position of Representative in the House of Representatives three (3) days after the elections in May. However. v. He Is Not A Candidate. Remedies and jurisdiction in election law 1. Election protest 6. there was a pending disqualification case against her. Commission on Elections. such election body had no more right to come up with a decision – that the jurisdiction had already been transferred to the House of Representatives Electoral Tribunal. Beauty then went to the Supreme Court questioning the jurisdiction of the COMELEC claiming that since she had already been proclaimed and had taken her oath of office.) H. since she has already been proclaimed. Composition 2. Commission on Election. 507 Scra 114. Commission On Elections. Petition for disqualification 3. Page 319 of 445 Political and Public International Law . Unless He Filed His Certificate Of Candidacy. The COMELEC then declared in the first week of June that its decision holding that Beauty was not validly elected had become final. Since she has already been proclaimed.

The only time that a second placer is allowed to take the place of a disqualified winning Page 320 of 445 Political and Public International Law . the COMELEC denied Bai's MR and declared her disqualified for running for Mayor. Bai garnered the highest number of votes followed by Pasyo Maagap. ANOTHER ALTERNATIVE ANSWER: The argument of Beauty is untenable. Although she had been proclaimed and had taken her oath of office. she is disqualified perpetually from holding any public office or from being elected to any public office. Pasyo Maagap. she must be a Member of the House of Representatives. was repudiated by the electorate. who took his oath as Acting Mayor. Who between Pasyo Maagap and Vice Mayor Umaasa has the right to occupy the position of Mayor? Explain your answer. Maagap asked the Department of Interior and Local Government Secretary to be allowed to take his oath as permanent municipal mayor. invoking the rule on succession to the permanent vacancy in the Mayor's office. Commission on Elections. There was to be no question that the second placer lost in the election. The Court emphasized that the candidate obtaining the second highest number of votes for the contested office could not assume the office despite the disqualification of the first placer because the second placer was "not the choice of the sovereign will." Surely. the Court explained. the COMELEC cancelled Bai' s COC but her motion for reconsideration (MR) remained pending even after the election. she had already been convicted of a crime involving moral turpitude. For the House of Representatives Electoral Tribunal to acquire jurisdiction over the disqualification case. P. (5%) 2015 BAR EXAMS SUGGESTED ANSWER: We have declared that not even this Court has authority under any law to impose upon and compel the people to accept a loser. No law imposed upon and compelled the people to accept a loser to be their political leader or their representative. 699 SCRA 522 (2012 BAR). (2014 BAR EXAMS) Gandang Bai filed her certificate of candidacy (COC) for municipal mayor stating that she is eligible to run for the said position. This request was opposed by Vice Mayor Umaasa. and could not assume the vacated position. The terms of office of the Members of the House of Representative begins at noon of the thirtieth day of June next following their election (Reyes v. Hence. filed a petition to deny due course or cancel Bai's COC under Section 78 of the Omnibus Election Code for material misrepresentation as before Bai filed her COC. as their representative or political leader. who also filed his COC for the same position. Thereafter. Before the election. a minority or defeated candidate could not be deemed elected to the office. she had not yet assumed office. The wreath of victory cannot be transferred from the disqualified winner to the repudiated loser.

v. induce or corrupt the voters or public officials performing electoral functions."20 All the offenses mentioned in Section 68 refer to election offenses under the Omnibus Election Code. and (b) the electorate was fully aware in fact and in law of that candidate’s disqualification as to bring such awareness within the realm of notoriety but the electorate still cast the plurality of the votes in favor of the ineligible candidate. All other election offenses are Page 321 of 445 Political and Public International Law . (e) violated any of Sections 80. (d) solicited. 86 and 261. or if he has been elected. ‒ Any candidate who. from holding the office. unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. shall be disqualified from continuing as a candidate. k. But the exception did not apply in favor of Pasyo Maagap simply because the second element was absent. in which case the eligible candidate with the second highest number of votes may be deemed elected. both of the Omnibus Election Code? (3%) SUGGESTED ANSWER: The grounds for disqualification for a petition under Section 68 of the Omnibus Election Code are specifically enumerated: Sec. subparagraph 6. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code. e. (c) spent in his election campaign an amount in excess of that allowed by this Code. (b) committed acts of terrorism to enhance his candidacy. or found by the Commission of having (a) given money or other material consideration to influence. and cc. 95. 83. Sr.21 this Court ruled: [T]he jurisdiction of the COMELEC to disqualify candidates is limited to those enumerated in Section 68 of the Omnibus Election Code. candidate is when two requisites concur. How do you differentiate the petition filed under Section 68 from the petition filed under Section 78. (Emphasis supplied) A petition for disqualification under Section 68 clearly refers to "the commission of prohibited acts and possession of a permanent resident status in a foreign country. 85. de Venecia. v. Disqualifications. paragraphs d. the electorate may be said to have waived the validity and efficacy of their votes by notoriously misapplying their franchise or throwing away their votes. Under this sole exception. There is absolutely nothing in the language of Section 68 that would justify including violation of the threeterm limit rule. 97 and 104. received or made any contribution prohibited under Sections 89. 96. as one of the grounds or offenses covered under Section 68. In Codilla. or conviction by final judgment of the crime of falsification under the Revised Penal Code. not to violations of other penal laws. in an action or protest in which he is a party is declared by final decision by a competent court guilty of. 68. namely: (a) the candidate who obtained the highest number of votes is disqualified.

holding public gatherings and speaking about how good the town is doing. beyond the ambit of COMELEC jurisdiction. a. One month before the deadline. 78. Rule on the petition. or Comelec division? Answer with reasons. Petition to deny due course to or cancel a certificate of candidacy. (3%) SUGGESTED ANSWER: A. Article Ix-C Of The Constitution Is Not Applicable. 396 Scra 703) Page 322 of 445 Political and Public International Law . Green is the political opponent of Mayor Pink. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided. he filed a petition to disqualify Mayor Pink for engaging in an election campaign outside the designated period.2. It was common knowledge in the town that Mayor Pink will run for re-election in the coming elections. Mayor Pink is eyeing re-election in the next mayoralty race. The deadline for filing of Certificate of Candidacy (CoC) is on March 23 and the campaign period commences the following day. noticing that Mayor Pink had gained advantage over him because of her activities before the campaign period. Pink has yet to file her CoC. giving away pink t-shirts with "Kay Mayor Pink Ako" printed on them. x x x False Material Representation Section 78 of the Omnibus Election Code states that a certificate of candidacy may be denied or cancelled when there is false material representation of the contents of the certificate of candidacy: Sec. Mr. but she has been going around town giving away sacks of rice with the words "Mahal Tayo ni Mayor Pink" printed on them. Which is the correct body to rule on the matter? Comelec en banc. (5%) b.1. ‒ A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. Since It Involves The Exercise Of The Administrative Powers Of The Commission On Election. a. after due notice and hearing. It Is The Commission On Elections En Banc Which Should Decide The Petition. (Baytan Vs. Commission On Elections. 1. In April. Distinguish briefly between Quo Warranto in elective office and Quo Warranto in appointive office. Section 3. (2%) a. They are criminal and not administrative in nature. not later than fifteen days before the election.

Will B. He Is Not A Candidate. This constitutes inability on his part to preside over the sessions of the Sangguniang Bayan. Under Section 80 Of The Omnibus Election Code To Be Liable For Premature Campaigning He Must Be A Cabdidate. (Lanot Vs. In Quo Warranto In Elective Officer The Issue Is The Ineligibility Of The Elected Candidate. Aguirre.) A Voter May File A Petition For Quo Warranto Against An Elected Candidate. Commission On Elections. 492 Scra 264. Rule 1. Unless He Filed His Certificate Of Candidacy.) Suppose A. Rules 66 Of The Rules Of Court. A Public Prosecutor.) It Is The Solicitor General. The Candidate Who Got The Second Highest Number Of Votes Cannot Be Proclaimed Elected. 2. Since the Municipal Mayor is temporarily incapacitated to perform his duties. In accordance with Gamboa v. 507 Scra 114. The Petition Should Be Denied. be performing executive functions? Why? (2%) (2002 Bar Question) B. (Section 2 And 5. Or A Person Claiming To Be Entitled To The Public Office Can File A Petition For Quo Warranto Against An Appointive Official. Commission On Elections. because the functions of the Municipal Mayor are executive. the Vice-Municipal Mayor was deprived of the power to preside over the Sangguniang Bayan and is no longer a member of it The temporary vacancy in the office of the Municipal Mayor creates a corresponding temporary vacancy In the Office of the Municipal Vice-Mayor when he acts as Municipal Mayor. P. Outline Reviewers In Political Law. 567. The Municipal Vice-Mayor cannot continue as presiding officer of the Sangguniang Bayan while he is acting Municipal Mayor. The Issue Is The Legality Of The Appointment. (Section 3(E). Rule 65 Of The Rules Of Court) The Petition Should Be Filed Within One Year After The Cause Of Action Accrued. The Court Will Decide Who Between. B. In Quo Warranto In Appointive Office. 310 SCRA 867 (1999). (Sinsuat Vs. the Municipal Vice-Mayor. the Municipal Vice- Mayor shall exercise his powers and perform his duties and functions. The Petition Should Be Filed Within Ten Days After The Proclamation Of The Elected Candidate.) B. The Parties Has The Legal Tittle To The Office ( Nachura. Page 323 of 445 Political and Public International Law . under the Local Government Code. A. (Section 11. The Municipal Vice-Mayor will be performing executive functions. in accordance with Section 46(a) of the Local Government Code. went on a sick leave to undergo medical treatment for a period of four (4) months. Rules Of Procedure In Election Cases. a Municipal Mayor.) If He Is Ineligible. During that time: A. Will B at the same time be also performing legislative functions as presiding officer of the Sangguniang Bayan? Why? (3%) (2002 Bar Question) SUGGESTED ANSWER: A.

who got the second highest number of votes in the elections. However. that the fact that the candidate who obtained the highest number of votes is not eligible does not entitle the candidate who obtained the second highest number of votes to be proclaimed the winner. because the petitioner had forfeited his claim to the office by filing a certificate of candidacy for mayor. where will you file an election protest involving a contested elective position in: (2009 Bar Question) a. the House of Representatives? Page 324 of 445 Political and Public International Law . B forfeited his claim to the position of congressman by accepting an ad interim appointment as Secretary of Justice. The purpose of the protest is simply to seek the removal of B from office on the ground that he is ineligible. There is no dispute as to who was the winner in the election. in Perez v. In the case of Purisima v. he abandoned his claim to the public office involved in the protest. B accepted an ad-interim appointment as Secretary of the Department of Justice. Similarly. Solis. Provincial Board of Nueva Ecija. as it is not disputed that it was B who obtained the majority. Hence. the province? d. A. Only the candidate who obtained the majority or plurality of the votes is entitled to be proclaimed elected. the municipality? c. The votes cast for B were not invalid votes. A garnered only the second highest number of votes. Hence. it was held that where a protestant in an election case accepted his appointment as judge. 113 SCRA 187. As counsel for the protestant. 43 SCRA 123. No. (1990 Bar Question) B. While the case was pending. B. A cannot ask that he be proclaimed elected in place of B. Nothing will be gained by resolving it. A filed a protest with the House Electoral Tribunal questioning the election of B as Member of the House of Representatives in the 1987 national elections on the ground that B is not a resident of the district the latter is representing. A may not continue with his protest. (1990 Bar Question) SUGGESTED ANSWER: A. the protest against him has become moot. the city? e. On this ground. Can A. Commission on Elections. No. May A continue with his election protest in order to determine the real winner in the said elections? State your reason. 176 SCRA 1. it was held that the claim of a petitioner to an appointive office had become moot. the barangay? b. the protest must be dismissed for having become moot. ask that he be proclaimed elected in place of B? Explain your answer. it was held in Labo v.

Metropolitan Trial Court. In the elections of May 1992. Can Cruz still hold office for the portion of the term he has failed to serve? Why? (3%) (2000 Bar Question) b) Was Santos a usurper and should he pay back what he has received while a) holding the office as Municipal Mayor? Why? (2%) (2000 Bar Question) SUGGESTED ANSWER: a) As held in Medallion v. SUGGESTED ANSWER: In accordance with Section 2(2). City . Cruz and Santos were the candidates for the office of Municipal Mayor. he is entitled to the emoluments of the office. the RTC granted execution pending the appeal of Cruz to the Commission on Elections (Comelec) and on this basis. a) It is now beyond June 30.Commission on Elections d. 1995. Page 325 of 445 Political and Public International Law . Municipality . Santos filed an election protest before the Regional Trial Court (RTC) which decided that it was Santos who had the plurality of 30 votes and proclaimed him the winner. filed an election protest before the Commission on Elections. his opponent. Barangay . Khalil. 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. In time. Santos assumed office and served as Municipal Mayor. since he had a color of election to the office of Municipal Mayor by virtue of the decision in the election protest. an election protest involving the position of Member of the House of Representatives shall be filed In the House of Representatives Electoral Tribunal. Under Section 17. the Comelec reversed the ruling of the RTC and instead ruled that Cruz won by a margin of 40 votes and proclaimed him the duly elected Municipal Mayor. On motion made. After being proclaimed Vice-Governor in the 2004 elections. b) Santos was not a usurper. the Municipal Board of Canvassers proclaimed Cruz as the duly elected Mayor. Municipal Circuit Trial Court. Province . Article VI of the Constitution. or Municipal Trial Court b.' 1995. the term of which was to expire on June 30. 254 SCRA 397 (1996). Cruz can no longer hold office for the portion of the term he failed to serve since his term has expired. Finding that he won by a margin of 20 votes. He was a de facto officer.Commission on Elections e. Abdul ran and won in the May 2001. Article IX-C of the Constitution an election protest involving the elective position enumerated below should be filed in the following courts or tribunals: a.Regional Trial Court c. Hence. Commission on Elections.

What will be your advice? (3%) (2008 Bar Question) SUGGESTED ANSWER: Governor of Tawi-Tawi in the May 2010 elections. Despite lingering questions about his Filipino citizenship and his one-year residence in the district. Alegre. Abdul now consults you if he can still run for Vice. (2%) (2010 Bar Question) Page 326 of 445 Political and Public International Law . hires you as lawyer to contest Gabriel’s candidacy. Under Section 77 of the Omnibus Election Code. Before election day. it had no practical and legal use and value (Ong v. Abdul also consults you whether his political party can validly nominate his wife as substitute candidate for Vice-Governor of Tawi-Tawi in May 2010 elections in case the COMELEC disqualifies him and denies due course to or cancels his certificate of candidacy in view of a false material representation therein. commission or tribunal will you file such action/s? Reasons. His second term should be counted as a full term served in contemplation of the three-term limit prescribed by Section 8. when Abdul had fully served his 2004-2007 term and was in fact already on his 2007- 2010 term as Vice-Governor. A cancelled certificate does not give rise to a valid candidacy. and before which court. What will be your advice? (3%) (2008 Bar Question) SUGGESTED ANSWER: I shall advise Abdul that his wife cannot be nominated as substitute candidate for Vice- Governor of Tawi -Tawi. as he assumed office merely as a presumptive winner and that presumption was later overturned when the COMELEC decided with finality that he had lost in the May 2004 elections. 311 SCRA 617 [199]). a valid of candidacy is an indispensable requisite in case of substitution of a disqualified candidate (Miranda v. Article X of the Constitution. Gabriel filed his certificate of candidacy for congressman before the deadline set by law. 479 SCRA 473 [2006]). His opponent. Since the election protest against him was decided after the term of the contested office had expired. Ruling with finality on the protest.Governor of Tawi-Tawi in the forthcoming May 2010 elections on the premise that he could not be considered as having served as Vice-Governor from 2004-2007 because he was not duly elected to the post. Abaya. what action or actions will you institute against Gabriel. the COMELEC declared Khalil as the duly elected Vice-Governor though the decision was promulgated only in 2007. Vito. The denial of due course and cancellation of a certificate of candidacy is not one of the cases in which a candidate may be validly substituted.

only a person belonging to. Since it is within its jurisdiction to decide the question of the qualification of Gabriel. In the municipal mayoralty elections in 1980. the same political party may file a certificate of candidacy to replace the candidate who died. If. Once a candidate for member of the House of Representatives has been proclaimed. 248 SCRA400 [1995]). (2003 Bar Question) Page 327 of 445 Political and Public International Law . Section 77 of the Omnibus Election Code states: “If after the last day for the filing of certificates of candidacy. by whom and why? If not. and Gabriel assumes office after being proclaimed the winner in the election. Commission on Elections. Commission on Elections. why not? (2%) (2010 Bar Question) SUGGESTED ANSWER: The question of the citizenship and residence of Gabriel can be questioned in the House of Representatives Electoral Tribunal by filing a quo warranto case. Crespo. can the issue of his candidacy and/or citizenship and residence still be questioned? If so. the decision of the Commission on Elections does not constitute res judicata (Jalandoni v. 336 SCRA 458 [2000]).” If the action/s instituted should be dismissed with finality before the election. the candidate who obtained the highest number of votes was subsequently declared to be disqualified as a candidate and so ineligible for the office to which he was elected. during the pendency of such action / s but before election day. the House of Representatives Electoral Tribunal acquires jurisdiction over election contests relating to his qualifications (Guerrero v. Gabriel withdraws his certificate of candidacy. The question of the disqualification of Gabriel cannot be raised before the House of Representatives Electoral Tribunal. an official candidate of a registered or accredited political party dies. SUGGESTED ANSWER: I will file a petition to cancel the certificate of candidacy of Gabriel in the Commission on Elections because of the false material representation that he is qualified to run for congressman (Section 78 of the Omnibus Election Code. what action or actions may be filed and where? If not. because he is not yet a member of the House of Representatives (Aquino v. Would this fact entitle a competing candidate who obtained the second highest number of votes to ask and to be proclaimed the winner of the elective office? Reasons. withdraws or is disqualified for any cause. Commission on Elections. Fermin v. 574 SCRA 787 [2008]). why not? (2%) (2010 Bar Question) SUGGESTED ANSWER: If Gabriel withdraws. 01-020. can he be substituted as candidate? If so. and certified by. he may be substituted by a candidate nominated by his political party. 2003). withdrew or was disqualified. March 6. HRET Case No.

The 1st Legislative District of South Cotabato is composed of General Santos and three municipalities including Polomolok. MP moved that the certificate of canvass for General Santos be corrected to exclude the results from the non- existent precincts. During the canvassing proceedings before the District Board of Canvassers in connection with the 2007 congressional elections. the candidate who obtained the second highest number of votes cannot be proclaimed the winner. The certificate of canvass for General Santos was likewise objected to by MP on the basis of the confirmed report of the local NAMFREL that 10 election returns from non-existent precincts were included in the certificate. Since he was not the choice of the people. (2008 Bar Question) SUGGESTED ANSWER: No. 9369. The District Board of Canvassers denied both objections and ruled to include the certificate of canvass. gives rise to a disputable presumption of conspiracy to bribe voters. he cannot claim any right to the office. SUGGESTED ANSWER: According to Trinidad v. city or province to which the public office aspired for by the favored candidate relates. MP cannot appeal the rulings to the Commission on Elections. if the candidate who obtained the highest number of votes is disqualified. leader or sympathizer of a candidate for the purpose of promoting the candidacy of such candidate. 28 if the proof affects at least twenty percent of the precincts of the municipality. 28 of the Electoral Reforms Law proof that at least one voter in different precincts representing at least twenty per cent of the total precincts in any municipality. Commission on Elections. (1991 Bar Question) SUGGESTED ANSWER: Under Sec. Under Section 15 of Republic Act No. Discuss the disputable presumptions (a) of conspiracy to bribe voters and (b) of the involvement of a candidate and of his principal campaign managers in such conspiracy. Under Sec. this shall constitute a disputable presumption of the involvement of the candidate and of his principal campaign managers in each of the municipalities concerned. valuable consideration or other expenditure by the relatives. May MP appeal the rulings to the COMELEC? Explain. candidate MP objected to the certificate of canvass for Polomolok on the ground that it was obviously manufactured. submitting as evidence the affidavit of a mayoralty candidate of Polomok. no pre-proclamation controversies regarding the appreciation of election returns and certificates of canvass Page 328 of 445 Political and Public International Law . city or province was offered. in the conspiracy. 7166. as amended by Republic Act No. promised or given money. 315 SCRA 175 [1999].

) The board of canvassers should rule on the objections summarily. Republic Act No. However. Article IX-A of the Constitution. State how (a) pre-proclamation controversies. 121 SCRA 466) Page 329 of 445 Political and Public International Law . 548 SCRA 169 [2008]). 7166.) The decision of the Commission on Election may be brought to the Supreme Court on certiorari by the aggrieved party. without prejudice to the filing of an election protest. are initiated. The canvassing body may correct manifest errors in the certificate of canvass. (Section 7. on the one hand. heard and finally resolved. and (b) election protests. (Section 20. (Section 17. His recourse is to file a regular election protest before the HRET (Pimentel v. (1997 Bar Question) SUGGESTED ANSWER: (a) Pre-Proclamation Controversies Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board of canvassers or directly with the Commission on Elections. The protestant is a candidate who duly filed a certificate of candidacy and was voted for in the election. Questions involving the election returns and the certificates of canvass shall be brought in the first instance before the board of canvassers only. 7166. Republic Act No.) (b) Election Contests An election protest is initiated by filing a protest containing the following allegations: 1. Republic Act No. on the other. (Section 16. and 3.) Any party adversely affected may appeal to the Commission on Elections. 2. 7166. Commission on Elections. The protestee has been proclaimed.) All pre-proclamation controversies pending before the Commission on Elections shall be deemed terminated at the beginning of the term of the office involved and the rulings of the board of canvassers shall be deemed affirmed. Republic Act No. The date of the proclamation. [Miro vs. the proceedings may continue when on the basis of the evidence presented so far. (Section 20. Commission on Elections. The Commission on Elections or the Supreme Court determines that the petition appears to be meritorious. maybe entertained in elections for members of the House of Representatives. 2166.

[Rivera vs. 168 SCRA 391) In connection with the May 1987 Congressional elections. The court did not impose the additional penalty of disqualification to hold public office and of deprivation of the right of suffrage as provided for in Section 164 of the Omnibus Election Code of the Philippines (B. Is a petition to disqualify Millanes viable? (1991 Bar Question) B.Regional Trial Court. Article IX-C of the Constitution) The decision of the /Commission on Elections may be brought to the Supreme Court on certiorari on questions of law. Municipal officials . What are the effects of a petition to disqualify? (1991 Bar Question) SUGGESTED ANSWER: A. provincial and city officials may be brought to the Supreme Court on certiorari (Section 7. Luis Millanes files his certificate of candidacy for the office of Mayor in his municipality.House of Representatives Electoral Tribunal 5. Senators .Commission on Elections (Section 2(2). Article IX-C of the Constitution. LX-C of the Constitution) 4. Regional. Art. A.P. Big. Then for the election in May 1992. Article VII of the Constitution) The decision of the inferior court in election contests Involving barangay officials and of the Regional Trial Court in election contests involving municipal officials are appealable to the Commission on Elections. President and Vice President . The following have jurisdiction over election contests: 1. provincial. Barangay officials . Page 330 of 445 Political and Public International Law . the President granted him absolute pardon on the basis of a strong recommendation of the Board of Pardons and Parole. Luis Millanes was prosecuted for and convicted of an election offense and was sentenced to suffer imprisonment for six years. (Section 2(2). Article VI of the Constitution) 6. CGmmission on Elections. and city officials . Commission on Elections. In accordance with Sec.Inferior Court. Article IX-A and Section 2(2). 881). 3. [Lazatin vs. Congressman .) The decisions of the Senate Electoral Tribunal and of the House of Representatives Electoral Tribunal may be elevated to the Supreme Court on certiorari if there was grave abuse of discretion. In April 1991.Senate Electoral Tribunal.Supreme Court (Section 4. 68 of the Omnibus Election Code. 199 SCRA 178) The decision of the Commission on Elections in election contests involving regional. Luis Millanes may be disqualified from running for mayor as he was convicted of an election offense. (Section 17. 2.

Joe. he filed his certificate of candidacy for the same position. Whether or not Ferdie’s act of filing his certificate of candidacy constitutes waiver of his status as a permanent resident of the United States. Whether or not a green card is proof that the holder is a permanent resident of the United States. was suspended from office for a period of 60 days by his colleagues upon a vote of two-thirds of all the Members of the House. "A" answered that he was not barred from running Page 331 of 445 Political and Public International Law . candidacy violated Section 7. the defeated candidate. (1993 Bar Question) SUGGESTED ANSWER: A. 6 of the Electoral Reforms Law. (1993 Bar Question) B. The filing of a certificate of candidacy does not constitute a waiver of the status of the holder of a green card as a permanent resident of the United States. If before the election he is not declared by final judgment to be disqualified and he is voted for and he receives the winning number of votes. B. Under Sec. In January 1993. Ferdie immigrated to the United States in the 1980s. Article VI of the Constitution which provides that no Member of the House of Representatives shall serve for more than three consecutive terms. 191 SCRA 229. Thereafter. Court of Appeals. Court of Appeals. During his third term. "A". learned that Ferdie is a greencard holder which on its face identifies Ferdie as a “resident alien" and on the back thereof is clearly printed: “Person identified by this card is entitled to reside permanently and work in the United States. Ferdie came home and filed his certificate of candidacy for Mayor of Makahoy. Makahoy. He won in the elections. the opposing candidate. every other year during town fiestas. the waiver should be manifested by an act independent of and prior to the filing of his certificate of candidacy. a Member of the House of Representatives." Joe filed a case to disqualify Ferdie from assuming the mayorship of Makahoy. any candidate who has been declared by final judgment to be disqualified shall not be voted for and votes cast for him shall not be counted. According to the ruling in Caasi vs. "B". As held in Caasi vs. the court or the Commission on Elections may order the suspension of the proclamation of the winning candidate if the evidence of his guilt is strong. a green card is proof that the holder is a permanent resident of the United States. the hearing on the question of disqualification should continue. A. Upon motion of the complainant or any intervenor. he visited his hometown. filed an action for disqualification of "A" on the ground that the latter's. for it identifies the holder as a resident of the United States and states that the holder is entitled to reside permanently and work in the United States. 191 SCRA 229. In the next succeeding election. B.

(5%) (2001 Bar Question) SUGGESTED ANSWER: The disqualification case should be dismissed. He then moved to dismiss the charge against him based on this supervening event. In the May 1998 elections. respectively. but his rival mayoralty candidate sought his disqualification alleging violation of the three-term limit for local elective officials provided for in the Constitution and In the Local Government Code. He was elected as Member of the House of Representatives for a third term. p. Segundo Parate filed his certificate of candidacy for the same position of mayor. Vol. Upon the death of Manalo as incumbent municipal mayor. Manuel Manalo and Segundo Parate were elected as Mayor and Vice Mayor. Governor Paloma's reelection is an expression of the electorate's obedience to his will. It is not enough that the official has served three consecutive terms. Governor Paloma's reelection cannot extinguish his liability for malfeasance in office. n.) He remained a Member of the House of Representatives even if he was suspended. Governor Paloma was administratively charged with abuse of authority before the Office of the President. Segundo Parate ran for and won as mayor and then served for the full term. he ran for reelection and won a second term. 295 SCRA 157 (1996). Can ‘A’. As held in Borya vs. The term which he served as a result of succession should not be included. only the term for which he was elected to should be considered. In the May 1992 elections. Parate ran for reelection as Mayor and won again. (B) No. In the May 1995 election. Page 332 of 445 Political and Public International Law . 592. (Record of the Constitutional Commission. Pending hearing. again for that position because his service was interrupted by his 60-day suspension which was involuntary. Decide whether the disqualification case will prosper or not. legally continue with his candidacy or is he already barred? Why? (5%) (2001 Bar Question) SUGGESTED ANSWER: "A" cannot legally continue with his candidacy. Should the motion be granted? (2011 BAR) (A) Yes. even if "A" did not serve for a full term. This term should be included in the computation of the term limits. He must have been elected to the same position three consecutive times. Commission on Elections. In the May 2001 election. Vice Mayor Segundo Parate succeeded as mayor and served for the remaining portion of the term of office. in computing the three-term limitation imposed upon elective local officials.

contain material defects. receipt. and city officials. without exception. The board of canvassers did not entertain Yani's objections for lack of authority to do so. Senator and Member of the House of Representatives. Vice-President. (D) Yes. SUGGESTED ANSWER: According to Section 243 of the Omnibus Election Code. However. custody and appreciation of the election returns or the certificates of canvass with respect to the positions of President. Xian and Yani ran for Congressman in the same district. transmission. Governor Paloma's reelection is an expression of the electorate's restored trust. the results of which materially affected the standing of the aggrieved candidate or candidates. provincial. according to Section 15 of the Synchronized Election Law. Is Yani correct? (2011 BAR) (A) Yes. Governor Paloma's reelection does not render moot the administrative case already pending when he filed his certificate of candidacy for his reelection bid. COMELEC’s jurisdiction over pre-proclamation cases does not include those that must be brought directly to the courts. the following issues can be properly raised a) The composition or proceedings of the board of canvassers are illegal. no pre- proclamation cases shall be allowed on matters relating to the preparation. During the canvassing. (D) through speedy arbitration. the Constitution grants jurisdiction to COMELEC on all pre- proclamation cases. (C) No. coercion. Yani questions the law prohibiting the filing of pre-proclamation cases involving the election of Congressmen since the Constitution grants COMELEC jurisdiction over all pre-proclamation cases. or intimidation. (B) through trial by commissioner. threats. (C) ex parte. or they are obviously manufactured or not authentic. and d) Substitute or fraudulent returns in controverter polling places were canvassed. (B) No. (C) No. b) The canvassed election returns are incomplete. c) The election returns were prepared under duress. COMELEC’s jurisdiction over pre-proclamation cases pertains only to elections for regional. (D) Yes. Yani objected to several returns which he said were tampered with. or contain discrepancy in the same returns or in other authenticated copies. any conflict between the law and the Constitution relative to COMELEC's jurisdiction must be resolved in favor of the Constitution. without distinction. approved to be tampered with. Pre-proclamation controversies shall be heard (2011 BAR) (A) summarily without need of trial. No pre-proclamation case are allowed in the Page 333 of 445 Political and Public International Law .

(Sanchez v. secs. Particulars were supplied of “B’s” followers bought-off and other followers prevented from casting their votes. 243. returns and qualifications of members of each House of Congress. COMELEC. what is a pre-proclamation controversy? Where may it be litigated with finality? After the ultimate winner has been duly proclaimed. Sec. (Id.R. 241). Aug. Ponce Enrile v. sec. “A” and “B” were candidates for representatives in the 1987 National Elections. sec. sec. Such a contest is limited to claims that the election returns are incomplete or that they contain material defects or that they have been tampered with. COMELEC. VI. Abes v. falsified or prepared under duress or that they contain discrepancies in the votes credited to the candidates. 246). custody or appreciation of the election returns. 79146 & 79212. 12. 21 SCRA 1252 (1967) ) Since the basis of “B’s” petition is that his followers had been bought while others had been prevented from casting their ballots. vote buying and other irregularities in the elections cannot be the subject of a pre-proclamation contest but must be raised in a regular election protest. 241) Its decisions become executory after the lapse of 5 days from receipt by the losing party of the decision. Determine if the COMELEC decided correctly and if “B” has any recourse for contesting “A’s” election. under Art.. receipt.R. In election law. The COMELEC dismissed the pre-proclamation contest on the ground that all the returns appear complete and untampered. 1987. Page 334 of 445 Political and Public International Law . (Omnibus Election Code. (Id. G. Nos. 234-236) On the other hand. COMELEC. No. (Omnibus Election Code. The COMELEC has exclusive jurisdiction of all pre-proclamation controversies. his remedy is to file an election contest and this should be brought in the House or Senate Electoral Tribunal which. 17. case of barangay elections. 233-236 of the Omnibus Election Code in relation to the preparation. 78461. does the loser still have any remedy to the end than he may finally obtain the position he aspired for in the election? Explain.. unless restrained by the Supreme Court. transmission. is the sole judge of the election. (1988 Bar Question) SUGGESTED ANSWER: A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. the question whether or not there was terrorism. G. the difference of which affects the result of the election. “B” filed a pre-proclamation contest with the COMELEC on the ground that rampant vote buying and terrorism accompanied the elections. or any matter raised under secs. (1987 Bar Question) SUGGESTED ANSWER: The COMELEC correctly dismissed “B’s” pre-proclamation contest.

in the COMELEC (Art. a petition for quo warranto is a petition filed by any registered voter in the constituency of the winning candidate to unseat him on the ground of his disloyalty or ineligibility. Under the Omnibus Election Code (B. in the Presidential Electoral Tribunal. (Art. J. as amended). Differentiate an election protest from an action for quo warranto. and qualifications of the candidate proclaimed.P. 2(2)). VI. It raises the question of who actually obtained the plurality of the votes and is entitled to hold the office. and in the case of the President and Vice President. the contest may be filed with the municipal trial courts. In an election contest. (C) police and other law enforcement agencies. A quo warranto case may be filed by any voter who is a registered voter in the constituency where the winning candidate sought to be disqualified ran for office. It does not result in installing the petitioner in his place (Dumayas v Commission on Elections. sec. sec. briefly differentiate an election protest from a quo warranto case. (D) City or Provincial Prosecutor. A loser may still bring an election contest concerning the election. 4). in the Regional Trial Court. 357 SCRA 358. IX. 881. the Issues are: (a) who received the majority or plurality of the votes which were legally cast and (b) whether there were irregularities in the conduct of the election which affected its results.5% (2006 Bar Question) SUGGESTED ANSWER: An election protest is an action filed by a defeated candidate on the ground of frauds or irregularities in the casting and counting of the ballots or in the preparation of the returns. (B) Secretary of Justice. On the other. returns. In a quo warranto case. VII. [2001]). in the Senate or House Electoral Tribunals (Art. in the case of elective municipal officials. sec. Prosecution of election offenses A candidate who commits vote buying on Election Day itself shall be prosecuted by the (A) COMELEC. 17). the issue is whether the candidate who was proclaimed elected should be disqualified because of ineligibility or disloyalty to the Philippines. (5%) (2001 Bar Question) SUGGESTED ANSWER: An election protest may be filed by a losing candidate for the same office for which the winner filed his certificate of candidacy. in the case of elective provincial and city officials. Page 335 of 445 Political and Public International Law . In the case of elective barangay officials. in the case of Sena-tors or Congressmen. as to who can file the case and the respective grounds therefor. C. 2.

How tenable is the position of the proponents? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: In exempting provinces composed of one or more islands from both the contiguity and land area requirements. Distinguished from government-owned or controlled corporations 2. to the effect that the land area and population requirements may be overridden by the established economic viability of the proposed province. however.e. consisting of several islands. 5432. Classifications a. Section 461 allows for said exemption by providing. since the new province consists of several islands. The constituents of each district would Page 336 of 445 Political and Public International Law . Far from being absolute regarding application of the requirement of a contiguous territory of at least 2. entitled "An Act Providing for the Apportionment of the Lone District of the City of Pangarap. the area requirement need not be satisfied. Quasi-corporations b. Concept a.. Juan. with an aggregate area of 500 square kilometres.000 square kilometres. 1234. under paragraph (b) thereof. Municipal corporations B. Local Governments A. the legislative intent is. Elements 2. a taxpayer and a resident of Wideland. Wideland. For the 2016 elections. No. The proponents justified the creation. It mandated that the lone legislative district of the City of Pangarap would now consist of two (2) districts.000 square kilometers as certified by the Land Management Bureau." The bill eventually became a law. XII.” Accordingly. an area of at least 2. Public corporations 1. On August 15. i. Congresswoman Dina Tatalo filed and sponsored House Bill No. division. depending on their place of residence. assailed the creation of Hundred Isles claiming that it did not comply with the area requirement as set out in the Local Government Code. Requisites for creation. Nature and functions 3. The law creating Hundred Isles was duly approved in a plebiscite called for that purpose. Municipal corporations 1. conversion. after all. merger or dissolution From an existing province. pointing out that the Rules and Regulations Implementing the Local Government Code states that “the land area requirement shall not apply where the proposed province is composed of one (1) or more islands. For as long as there is compliance with the income requirement. R. Article 9 of the IRR cannot be considered inconsistent with the criteria under Section 461 of the Local Government Code.A. that (t)he territory need not be contiguous if (the new province) comprises two or more islands or is separated by a chartered city or cities which do not contribute to the income of the province. 2015. Congress created a new province. the voters of the City of Pangarap would be classified as belonging to either the first or second district. Hundred Isles.

so that none was needed for San Juan where only a reapportionment took place. the creation of a new legislative district only followed as a consequence. and their areas of application. a case that arose from the division of the congressional district formerly covering San Juan and Mandaluyong into separate districts. abolition or alteration of boundary of a local government unit.A. No. Section 10 and the lack of requirement for one under Article VI. Abalos. R. Article X of the 1987 Constitution. Section 10 the Local Government Code. merger. According to him. 1234 cannot be implemented without conducting a plebiscite because the apportionment under the law falls within the meaning of creation. Its territory remains completely whole and intact. we confirmed this distinction and the fact that no plebiscite is needed in a legislative reapportionment. division.A. In contrast. The Constitution and the Local Government Code expressly require a plebiscite to carry out any creation. 2170 implementing R. the apportionment alone and by itself did not call for a plebiscite. The need for a plebiscite under Article X. Section 5 can best be appreciated by a consideration of the historical roots of these two provisions. The COMELEC thereafter promulgated Resolution No. Section 5 and. 2015 BAR EXAMS SUGGESTED ANSWER: The pronounced distinction between Article VI. Is the claim correct? Explain. 1234. Section 10 is on the requirement of a plebiscite. Piolo Cruz assails the COMELEC Resolution as unconstitutional. No. Article X. The plebiscite issue came up because one was ordered and held for Mandaluyong in the course of its conversion into a highly urbanized city. R. In other words. there is only the addition of another legislative district and the delineation of the city into two districts for purposes of representation in the House of Representatives. the nature of the concepts they embody as heretofore discussed. No. In Tobias v. Article X. In explaining why this happened. Define: De facto municipal corporation (1%) (2009 Bar Question) Page 337 of 445 Political and Public International Law . elect their own representative to Congress as well as eight (8) members of the Sangguniang Panglungsod. while none was held for San Juan. division. merger. the Court ruled that no plebiscite was necessary for San Juan because the objective of the plebiscite was the conversion of Mandaluyong into a highly urbanized city as required by Article X. 1234 apportioned the City's barangays. abolition or substantial alteration of boundaries of cities under Section 10.A. Thus. no plebiscite requirement exists under the apportionment or reapportionment provision. Section 10 of the Constitution does not come into play and no plebiscite is necessary to validly apportion the City of Pangarap into two districts.

SUGGESTED ANSWER: A de facto municipal corporation is one so defectively created as not to be a de jure corporation but is nevertheless the result of a bona fide attempt to incorporate under existing statutory authority coupled with the exercise of corporate powers. p. Section 10 of the Local Government Code provides: “A local government unit may likewise. p. close any barangay.) XYZ. May the City of Dagupan lawfully convert the park to prawn ponds and lease the same? Explain your answer. 1985 ed. The land was formerly a park and plaza belonging to the City and was converted by the City to derive much needed funds. No such way or place or any part thereof shall be closed without indemnifying any person prejudiced thereby.. city or provincial road." Page 338 of 445 Political and Public International Law . A property thus withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local unit concerned might be lawfully used or conveyed. municipal. Public Corporations. and recognized by the courts as such on the ground of public policy in all proceedings except a direct attack by the state questioning is corporate existence. it falls within the commerce of man and may be leased. with 100% foreign equity. (Martin. Restatement of the Law on Local Governments. A. 20. (Angeles. a corporation organized under the laws of Hongkong. obtained from the Securities and Exchange Commission a license to operate a prawn hatchery project on a piece of land leased from the City of Dagupan. street. through its head acting pursuant to a resolution of its sanggunian and in accordance with existing law and the provisions of this Code. the City of Dagupan may lawfully convert the park into prawn ponds and lease them. 23. (1990 Bar Question) B. May the City of Dagupan and XYZ corporation validly enter into the lease contract for the prawn ponds? Answer with reasons. alley park or square. A city may close a park and plaza and once the property has been withdrawn from public use. (1990 Bar Question) SUGGESTED ANSWER: (A) Yes.) Define: Municipal corporation by estoppels (1%) (2009 Bar Question) SUGGESTED ANSWER: A municipal corporation by estoppels is a corporation which is so defectively formed as not to be a de facto corporation but is considered a corporation in relation to someone who dealt with it and acquiesced in its exercise of its corporate functions or entered into a contract with it.

Hence the previous acts of the municipality and its officers should be given effect as a matter of fairness and justice. v. the acts of the municipality and of its officers will not be invalidated because the existence of the law creating it is an operative fact before it was declared unconstitutional. Although the municipality cannot be considered as a de facto corporation. Page 339 of 445 Political and Public International Law . (Tan v. The territory of Madako will be reduced. would a plebiscite be necessary or not? If it is necessary. Inc. (5%) (2004 Bar Question) SUGGESTED ANSWER: A plebiscite is necessary. In Favis v. s.) The voters of both Madako and Masigla should participate in the plebiscite.5%) (2009 Bar Question) SUGGESTED ANSWER: The statement that a local government unit may reclassify land through a resolution is false. The 30 western barangays. Municipality of Malabang v. Likewise. (Secretary of Justice. Granting that Masigla’s proponents succeed to secure a law in their favor. Benito. Polo Coconut Plantation Company. 27 SCRA 1060. Article XII of the 1987 Constitution. (Section 10. it could be disposed for any lawful purpose including leasing it to a foreign corporation. 30 west of Madako River and 50 east thereof. 142 SCRA 727 [1986]). Re-classification of land by a local government unit may be done through a resolution. 3. it was held that the City of Cebu could close a street and sell it thereafter. No. Article X of the 1987 Constitution.. Berceles. because there is no valid law under which it was created. in Cebu Oxygen and Acetylene Company. (0. feeling left out of economic initiatives. Inc. Commission on Elections. True or False. Op. because this is required for the creation of a new municipality. 27 SCRA 533 [1969]). The operation of a prawn hatchery does not involve exploitation of natural resources within the meaning of Sections 2 and 3. MADAKO is a municipality composed of 80 barangays. City of Baguio. the enactment of an ordinance is required. 1988) Since the portion of the park had been withdrawn from public use. wish to constitute themselves into a new and separate town to be called Masigla. it was held that the City of Baguio could close a street and lease it since it had become patrimonial property. because both are directly affected by the creation of Masigla. (B) Since the City of Dagupan has the power to convert the park into prawn ponds it can also lease it to XYZ even though XYZ is a 100%-foreign corporation. Under Section 2 of the Local Government Code. (Department of Agrarian Reform v. who should vote or participate in the plebiscite? Discuss briefly. 66 SCRA 481.

Is this requirement valid? (2007 Bar Question) SUGGESTED ANSWER: The requirement is void. the General Appropriations Act provided that the IRA may be released only if the province meets certain conditions as determined by an Oversight Council created by the President. Art. Share in the proceeds of the utilizations and development of the national wealth within their areas. The Provincial Governor is a party-mate of the President. (Section 6. 429 SCRA 736 [2004]). (Section 5. fees. X. Romulo.) Define devolution with respect to local government units. sec. C. The Constitution provides that the internal revenue allotment of the local government units must be automatically released to them (Constitution. May the Bataan Representative instead file a petition to compel the DBM to release the funds? (2007 Bar Question) Page 340 of 445 Political and Public International Law . and charges. Taxes. However. what are the three main sources of revenues of local government units? (2%) (1999 Bar Question) SUGGESTED ANSWER: The following are the main sources of revenues of local government units under the constitution: 1. (2009 Bar Question) SUGGESTED ANSWER: Section 17(e) of the Local Government Code defines devolution as the act by which the National Gov-ernment confers power and authority upon the various local government units to perform specific functions and responsibilities. the Province of Bataan cannot be required to perform any act before it can receive its internal revenue allotment (Province of Batangas v. (Section 7. Hence. Article X) 2. Article X) 3. Share in the national taxes. Article X) The Provincial Governor of Bataan requested the Department of Budget and Management (DBM) to release its Internal Revenue Allocation (IRA) of PI00 million for the current budget year. Principles of local autonomy Under the Constitution. 564 SCRA78 [2008]. 6).

and to call upon the appropriate national law enforcement agencies to suppress disorder and lawless violence. (C) No. The issue involved is of transcendental importance. No. For these reasons. 1.A. and other actions necessary to ensure public safety. has the requisite standing to institute the action (Francisco v. However. the governor called upon the members of the Philippine National Police. because local government units are under the administrative control of the President through the Department of Interior and Local Government. because the President has the power and authority to impose reasonable restrictions on the power of citie to raise revenues. He also invoked Section 465 of the Local Government Code of 1991 (R. 415 SCRA 44 [2003]). Roads and bridges were destroyed which impeded the entry of vehicles into the area. (B) No. In the same proclamation. to set up checkpoints and chokepoints. Section 5 of the 1987 Constitution). SUGGESTED ANSWER: (C)(Article X. D. because local government units now enjoy full local fiscal autonomy. the governor of the province declares a state of emergency in their province through Proclamation No. if so provided in a city’s charter. respondent provincial governor is not endowed with the power to Page 341 of 445 Political and Public International Law . Was the action of the provincial governor proper? Explain. There is power outage also in the area. Typhoon Bangis devastated the Province of Sinagtala. (D Yes. being a taxpayer and voter in Bataan. SUGGESTED ANSWER: It is the Governor of the Province of Bataan who should file the case to compel the DBM to release the funds. if the Governor does not file the case because he is a party-mate of the President. This caused food shortage resulting in massive looting of grocery stores and malls. because only limitations established by Congress can define and limit the powers of local governments. 7160) which vests on the provincial governor the power to carryout emergency measures during man-made and natural disasters and calamities. (E) Yes. ( 4%) 2015 BAR EXAMS SUGGESTED ANSWER: Given the foregoing. House of Representatives. Powers of local government units (LGUs) May the power of cities to raise revenues be limited by an executive order of the President? (1%) 2013 BAR EXAMS (A) Yes. with the assistance of the Armed Forces of the Philippines. conduct general searches and seizures including arrests. and the Representative. the Representative of Bataan maybe allowed to file the case.

The Code is concerned only with powers that would make the delivery of basic services more effective to the constituents. inter alia.. that operators of shopping centers and malls should provide parking and loading spaces. 2012. and administrative in nature. thus a violation of due process. Decide the case. (Kulayan vs Tan. A main highway having been constructed across the subdivision. the mall owners and operators cannot be validly compelled to provide free parking to their customers. The corporation contends that the zoning ordinance cannot nullify the contractual obligation assumed by the buyer. The mall owners and operators oppose. a realty firm engaged in developing and selling lots to the public. An exercise by another official. Police power The National Building Code and its implementing rules provide. The intent behind the powers granted to local government units is fiscal. because requiring them to provide free parking space to their customers is beyond the scope of police powers. The municipality later passed a zoning ordinance declaring the area as a commercial bank building on his lot. claiming that it is a valid exercise of police power. (1989 Bar Question) Page 342 of 445 Political and Public International Law . call upon the armed forces at his own bidding. July 3.61 and should not be unduly stretched to confer calling-out powers on local executives. Could the mall owners and operators be validly compelled to provide free parking to their customers? (2014 BAR) Answer: No. the area became commercial in nature. and may not be justified by the invocation of Section 465 of the Local Government Code. heeding the call of the public for the provision of free parking spaces in malls. filed a case to compel said business concerns to discontinue their practice of collecting parking fees. Smart Corporation went to court to stop the construction as violative of the building restrictions imposed by it. The calling-out powers contemplated under the Constitution is exclusive to the President. Governor Tan exceeded his authority when he declared a state of emergency and called upon the Armed Forces. The Solicitor General.) 1. is ultra vires. Ayala Land. 600 SCRA 617). in accordance with a prescribed ratio. In issuing the assailed proclamation. saying that this is an invalid taking of their property. however. The Solicitor General justifies it. Inc. It unreasonably restricts the right to use property for business purposes and amounts to confiscation of property (Office of the Solicitor General v. economic. even if he is the local chief executive. the police. One of the restrictions in the deed of sale which was annotated in the title is that the lot shall be used by the buyer exclusively for residential purposes. Pedro bought a parcel of land from Smart Corporation. The Local Government Code does not involve the diminution of central powers inherently vested in the National Government. especially not the prerogatives solely granted by the Constitution to the President in matters of security and defense.

Yes. monitoring. Limited Partnership vs. including the surrounding Province of Rizal. since a highway crosses the subdivision and the area has become commercial. Some concerned residents of Binangonan filed a complaint with the Laguna Lake Development Authority (LLDA) to stop the operation of the dumpsite due to its harmful effects on the health of the residents. As held in Ortigas and Company. Feati Bank and Trust Company. (1995 Bar Question) B. the Laguna Lake Development Authority is specifically authorized under its Charter to issue cease and desist orders. Can the LLDA justify its order by asserting that the health of the residents will be adversely affected. with due regard to the prevention of pollution. the Municipality of Binangonan cannot invoke its police power. According to Laguna Lake Development Authority vs.hectare land in the Reyes Estate within the Municipality’s territorial limits. Page 343 of 445 Political and Public International Law . B. (1995 Bar Question) SUGGESTED ANSWER: A. The Municipality of Binangonan filed a case to annul the order issued by the LLDA. 927 to make orders requiring the discontinuance of pollution. No. 94 SCRA 533. its power to issue the order can be inferred from this. the Laguna Lake Development Authority can justify its order. The LLDA also discovered that no environmental clearance was secured by the Municipality from the Department of Environment and Natural Resources (DENR) and the LLDA as required by law. testing and water sampling and found that the dumpsite would contaminate Laguna de Bay and the surrounding areas of the Municipality. Rizal. Since it has been authorized by Executive Order No. under Republic Act No. 4850. because the enactment of the ordinance is a valid exercise of police power. The LLDA conducted an on-site investigation. Otherwise. the Laguna Lake Development Authority is mandated to promote the development of the Laguna Lake area. SUGGESTED ANSWER: The case must be dismissed. A. Explain. such a restriction in the contract cannot prevail over the zoning ordinance. Moreover. It is hazardous to health and comfort to use the lot for residential purposes. 231 SCRA 292. Court of Appeals. passed a resolution authorizing the operation of an open garbage dumpsite in a 9. it will be a toothless agency. The Laguna Lake Development Authority is mandated to pass upon and approve or disapprove all projects proposed by local government offices within the region. Can the Municipality of Binangonan invoke police power to prevent its residents and the LLDA from interfering with the operation of the dumpsite by the Municipality? Explain. The Municipality of Binangonan. The LLDA therefore issued to the Binangonan municipal government a cease and desist order to stop the operation of the dumpsite.

B. The subdivision owner and the homeowners’ association filed a case in court to stop the construction of the building for banking business purposes and to respect the restrictions embodied in the deed of sale by the subdivision developer to the lot owners. the Barangay Assembly cannot exercise any police power. to ventilate. to remove all advertising signs displayed or exposed to public view in the main city street. sold his lot to a banking firm and the latter started constructing a commercial building on the lot to house a bank inside the subdivision. it can only recommend to the Sangguniang Barangay the adoption of measures for the welfare of the barangay and decide on the adoption of an initiative. 350 SCRA 732 [2001]. Under Section 398 of the Local Government Code. how would you resolve the case? (5%) (2001 Bar Question) SUGGESTED ANSWER: If I were the judge. "A". If you were the judge. articulate. As stated in Bito- Onon Fernandez. and in the land titles of homeowners of a residential subdivision in Pasig City. I would dismiss the case. 94 SCRA 633 (1979). Can the Liga ng mga Barangay exercise legislative powers? (2003 Bar Question) SUGGESTED ANSWER: A. as well as the annotation in the titles. Feati Bank and Trust Company. there are restrictions annotated therein to the effect that only residential houses or structures may be built or constructed on the lots. A. the City Council of Pasig enacted an ordinance amending the existing zoning ordinance by changing the zone classification in that place from purely residential to commercial. No. the zoning ordinance is a valid exercise of police power and prevails over the contractual stipulation restricting the use of the lot to residential purposes. The Liga ng Mga Barangay cannot exercise legislative powers. it is not a local government unit and its primary purpose is to determine representation of the liga in the sanggunians. As held in Ortigas and Company Limited Partnership vs. AM. a lot owner. whose advertising agency owns and rents out many of the billboards ordered Page 344 of 445 Political and Public International Law . and to secure solutions for them through proper and legal means. Can a Barangay Assembly exercise any police power? (2003 Bar Question) B. for being offensive to sight or otherwise a nuisance. In the deeds of sale to. The City of San Rafael passed an ordinance authorizing the City Mayor. assisted by the police. However. and crystallize issues affecting barangay government administration.

The Mayor refuses to pay. Rafferty. whenever fluid substances are released through a nearby creek. obnoxious odor is emitted causing dizziness among residents in Barangay La Paz. This was ignored. 104 Phil. 175 SCRA 343 [1989]).) ABC operates an industrial waste processing plant within Laoag City. The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to have all their hospitality girls tested for the AIDS virus. so AM is suing the City and the Mayor for damages arising from the taking of his properly without due process nor just compensation. The removal of the billboards is not an exercise of the power of eminent domain but of police power (Churchill v. Both disco pub owners and the hospitality girls assailed the validity of the ordinance for being violative of their constitutional rights to privacy and to freely choose a calling or business. The city government thereupon issued a cease and desist Page 345 of 445 Political and Public International Law . Is the ordinance valid? Explain. v. 32 Phil. (5%) (2004 Bar Question) SUGGESTED ANSWER: The suit of AM will not prosper. Dangerous Drugs Board. Occasionally. the City Mayor II wrote ABC demanding that it abate the nuisance.) The ordinance is a valid exercise of police power. The right to privacy yields to certain paramount rights of the public and defers to the exercise of police power. because its purpose is to safeguard public health . Inc. (Beltran vs. On complaint of the Punong Barangay. 443 [1958]). claims that the City should pay for the destroyed billboards at their current market value since the City has appropriated them for the public purpose of city beautification. Will AM’s suit prosper? Reason briefly. Fajardo. (People v. Consequently. (Association of Small Landowners in the Philippines. Secretary of Health. 476 SCRA 168 [2005]. 570 SCRA 410 [2008]. An invitation to attend a hearing called by the Sangguniang Panlungsod was also declined by the president of ABC. he should be paid just compensation. Secretary of Agrarian Reform. 580 11915D• The abatement of a nuisance in the exercise of police power does not constitute taking of property and does not entitle the owner of the property involved to compensation. SUGGESTED ANSWER: The removal of the billboards for the purpose of beautification permanently deprived AM of the right to use his property and amounts to its taking. The ordinance is not prohibiting the disco pub owners and the hospitality girls from pursuing their calling or business but is merely regulating it. removed by the City Mayor. (5%) (2010 Bar Question) SUGGESTED ANSWER: The ordinance is a valid exercise of police power. (Social Justice Society v.

The idea that “public use” means exclusively use by the public has been discarded. v. as provided in presidential decrees prescribing payment of the value stated in the owner’s tax declarations or the value determined by the assessor.) 2. assuming it is for public use. the city government cannot abate it extra judicially. As long as the purpose of the taking is public. 506 SCRA 625 [2006].R. Dulay. Decide with reasons. Clearly. Since its operations is not a nuisance per se. the taking of private property for the purpose of constructing an aqueduct for flood control is not for “public use” is untenable. (3%) (2010 Bar Question) SUGGESTED ANSWER: The city government has no power to stop tile operations of the plant. the city offered to pay only the amount declared by the owners in their tax declarations. whichever is lower. the exercise of power of eminent domain is justifiable. how would you rule on the issue? Why? (1987 Bar Question) SUGGESTED ANSWER: (a) The contention that. (AC Enterprises. (Heirs of Juancho Ardona v. which amount was lower than the assessed value as determined by the assessor. April 29. Whatever may be beneficially employed for the general welfare satisfies the requirement of public use. Eminent domain In January 1984. As compensation. the same is not for public use: and B. 59603. whichever is lower. Pasay City filed expropriation proceedings against several landowners for the construction of an aqueduct for flood control in a barangay. arguing that the city government did not have any power to abate the alleged nuisance. the compensation must be based on the evidence presented in court and not. order to stop the operations of the plant. 1987. in unconstitutional is correct. Frabelle Properties Corporation. 123 SCRA(1983)) (b) But the contention that the Presidential Decrees providing that in determining just compensation the value stated by the owner in his tax declaration or that determined by the assessor. In EPZA v. prompting ABC to file a petition f