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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

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

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

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

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

Only 10 Senators supported such proposals. When the votes were counted. Under Section 1. increased with the creation of new legislative districts and the corresponding adjustments in the number of party-list representatives. (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. then there could be no valid proposals. the determination of one house is to be submitted to the separate determination of the other house iller v. They accordingly convened Congress into a constituent assembly in spite of the opposition of the majority of the members of the Senate. (1997) SUGGESTED ANSWER: There are three modes of amending the Constitution. however. Article XVII of the Constitution. 2. when the Legislature consist of two (2) houses. Were the proposals validly adopted by Congress? (5%) SUGGESTED ANSWER: The proposal were not validly adopted. But the members of the House insisted. 1. a constitutional convention may propose any amendment to or revision of 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. The proponents now claim that the proposals were validly made. were cool to the idea. Since the required number of votes in the Senate was not obtained. According to Section 3. Article XVII of the Constitution did not expressly provide that the Senate and the House of Representatives must vote separately. Congress may by three-fourths vote of all its Members propose any amendment to or revision of the Constitution. since more than the required three-fourths vote of Congress has been obtained. Mardo. Although Section 1. 275 members of the House of Representatives approved the proposed amendments. 2 SCRA 898 [1961]. so argued the Senators. a great number of the members decided that it was time to propose amendments to the Constitution. 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. Article XVIII of the Constitution. Page 4 of 445 Political and Public International Law . At a time when the House membership was already 290. The Senators. Under the same provision.

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

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

“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) . and 5) the high seas. 2014) Page 7 of 445 Political and Public International Law . 206510. 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. (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. National territory 1. active service shall at any time be appointed or designated in any capacity to a civilian position in the Government. No. 2) territorial sea. September 16. It also gives coastal States more or less jurisdiction over foreign vessels depending on where the vessel is located. it cannot be changed by law and may be changed only by constitutional amendment. A law changing the design of the Philippine flag. Do you agree or not with the said objection? Explain. G. Article XVI of the Constitution. the Coastal State exercises sovereignty. Such sovereignty extends to the air space over the territorial sea as well as t=o its bed and subsoil. 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. General Considerations A. 4) exclusive economic zone. including government-owned or controlled corporations. The freedom to use the world’s marine waters is one of the oldest customary principles of international law. Insofar as the internal waters and territorial sea is concerned. subject to the UNCLOS and other rules of international law. (2006 Bar Question) SUGGESTED ANSWER: Since the design of the flag is provided for in Section 1. The UNCLOS gives to the coastal State sovereign rights in varying degrees over the different zones of the sea which are: 1) internal waters. II.R. Explain briefly. 2% State whether or not the law is constitutional. Swift. 3) contiguous zone.” (Arigo v.

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

TRUE or FALSE. 2011. It merely regulates sea-use rights over maritime zones. and connecting the islands of the archipelago. SUGGESTED ANSWER: False. regardless of their breadth and dimensions. form part of the internal waters of the Philippines. between and connecting the islands of the Philippines form part of its internal waters. the archipelagic doctrine is reflected in the 1987 Constitution. The United Nations Convention on the Law of the Sea has nothing to do with the acquisition or loss of territory. For this purpose. The Kalayaan Islands and the Scarborough Shoals are located at an appreciable distance from the nearest shoreline of the Philippines= archipelago. Whether the bodies of water lying landward of the baselines of the Philippines are internal waters or archipelagic waters. (5%) (2009 Bar Question) Under the archipelago doctrine. Page 9 of 445 Political and Public International Law . Section 1 provides that the national territory of the Philippines includes the Philippine archipelago. Ermita.R. or FALSE if the statement is false. The waters on the landward side of the baselines regardless of breadth or dimensions are merely internal waters. the Philippines retains jurisdiction over them (Magallona v.N. Article I. 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. July 16. Convention on the Law of the Sea. Answer TRUE if the statement is true. and the waters around. and continental shelves which it delimits. exclusive economic zones. Yes. No. the petition is not meritorious. these waters do not form part of the territorial sea but are described as archipelagic waters. with all the islands and waters embraced therein. Under Article I of the Constitution. contiguous zones. 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. No. the water around. (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. 655 SCRA 476). G. between. 187167. the waters around. Under Article 49 (1) of the U. and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state. between.

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

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

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

Pascual. Will the said libel suit prosper? Explain your answer. the libel suit will not prosper. 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. 19. 162 SCRA 88. He did not act in bad faith or with gross negligence. A private communication made by any person to another in the performance of any legal. it was held that a report sent by a public official to his superior is privileged communication. Godinez. The Secretary of Public Works ordered the demolition of the fishpond in the performance of his official duties. moral or social duty:" In Deano v. because its submission is pursuant to the performance of a legal duty. he was acting in behalf of the Republic of the Philippines and within the scope of his authority. No. Besides. because the public officers concerned did not act in bad faith. The report submitted by the Secretary of Public Works to the President constitutes privileged communication. Question) Suppose X files a libel suit against the Secretary of Public Works. Article 354 of the Revised Penal Code provides: “Every defamatory imputation is presumed to be malicious. except in the following cases: 1. as it was sent in the performance of official duty. (1990 Bar Question) SUGGESTED ANSWER: No. the Secretary of Public Works acted in the discharge of his official duties. which ordered the demolition of structures obstructing public waterways. even if it be true. If the libelous statement was not relevant to the report on the alleged illegal encroachment of the river. could not be sued for damages although they ordered the demolition of a building that encroached upon a creek. X cannot recover damages from the Secretary of Public Works. Hence. In Mabutol v. 12 SCRA 483. it was held that the members of the Ad Hoc Committee created to implement Presidential Decree No. in sending his report. 296 and Letter of Instruction No. if no good intention and justifiable motive for making it is shown. Veridiano. 124 SCRA 876. SUGGESTED ANSWER: The question does not specify how the libel was committed. According to the ruling in Sanders v. 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 . He issued the order only after due investigation.

000 pairs of combat boots for the use of the Indonesian Army. 905.S. by filing a complaint. It is not right that it can sue in the courts but it cannot be sued. Pan Oriental Shipping Co.000.S.000 pairs of combat boots in Jakarta by 30 October 1990 and it received payment for 100. The counterclaim in this case is a compulsory counterclaim since it arises from the same contract involved in the complaint.) Thus.000 pairs of combat boots at U. which has no branch office and no assets in Indonesia. 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. The Marikina Shoe Corporation. as held in Froilan vs. The contract was awarded by the Ministry of the Army to Marikina Shoe Corporation and was signed by the parties in Jakarta. Principles of Public International Law. 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. at which time the said 300.000. In February 1990. (Brownlie. Above all. the Republic of Indonesia filed an action before the Regional Trial Court of Pasig. 4th ed.000 pairs or a total of U.00 representing the payment for the 100. 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. the state of Indonesia waived its immunity from suit. Public Works from liability for libel. $30 per pair delivered in Jakarta on or before 30 October 1990.000 pairs already delivered as soon as the remaining 300. Consent to the exercise of jurisdiction of a foreign court does not include waiver of the separate immunity from execution. Indonesia went to the Court of Appeals on a petition for certiorari under Rule 65 of the Rules of Court.000. $3. The Ministry of the Army promised to pay for the other 100. Indonesia moved to dismiss the counterclaim. Marikina Shoe Corporation sets up a counterclaim for U. $3.00. 344. In its Answer. submitted a bid to supply 500. p. However.. Marikina Shoe Corporation was able to deliver only 200. in Page 14 of 445 Political and Public International Law . Rizal to compel Marikina Shoe Corporation to perform the balance of its obligations under the contract and for damages.000 pairs of combat boots are delivered. the Ministry of the Army.000 pairs of combat boots already delivered but unpaid..000 pairs will also be paid for. Marikina Shoe Corporation failed to deliver any more combat boots.000. Republic of Indonesia. On 1 June 1991. The defendant therefore acquires the right to set up a compulsory counterclaim against it. 95 Phil.S. invited bids for the supply of 500. a Philippine corporation. As such it must be set up otherwise it will be barred. asserting that it is entitled to sovereign immunity from suit.

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

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

it should file a petition for certiorari with the Supreme Court. Resolve the motion. they are not utilized for nor dedicated to commercial or business purposes. 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. Ruiz. 136 SCRA 487. In Republic vs. The consent.” The provision for venue in the contract does not constitute a waiver of the State immunity from suit. In United States vs. 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. indisputably a function of the government of the highest order. because the express waiver of this immunity can only be made by a statute. 492. If the claim is denied. Furisima. through the Department of Public Works and Highways (DPWH). The Republic of the Philippines. The DPWH filed a motion to dismiss the case on the ground that the State is immune from suit. and which major thoroughfare traversed the land owned by Mang Pandoy. 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. Raintree Corporation should first file a claim with the Commission on Audit. It does not apply where the contract relates to the exercise of its sovereign functions. according to him. Mang Pandoy filed an opposition. 78 SCRA 470 474. the Supreme Court ruled: "Apparently respondent Judge was misled by the terms of the contract between the private respondent. its commercial activities or economic affairs. plaintiff in his sala. and defendant Rice and Corn Administration which. must come from the State acting through a duly enacted statute as pointed out by Justice Bengzon in Mobil. to be effective though. Mang Pandoy filed a suit against the government to compel payment for the value of his land. 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. (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." SUGGESTED ANSWER: In accordance with the doctrine of exhaustion of administrative remedies. Stated differently. Philippines and therefore relates to a sovereign function.

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

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

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

because Section 2. the sovereignty of the Philippines is subject to restriction by its membership in the family of nations and the limitations imposed of treaty limitations. 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. 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 Constitution did not envision a hermit-like isolation of the country from the rest of the world. (5%) (2000 Bar Question) SUGGESTED ANSWER: According to Tanada v. SUGGESTED ANSWER: (E) the state allows prayers in schools for minor children without securing the prior consent of their parents. Section 2. One of such principles is pacta sunt servanda. Page 21 of 445 Political and Public International Law ." This is assailed as unconstitutional because this undertaking unduly limits. The Philippines has become a member of the World Trade Organization (WTO) and resultantly agreed that it “shall ensure the conformity of its laws. Angara. among others. 272 SCRA 18(1997). 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. (C) the State expropriates church property in order to construct an expressway that. Refute this argument. 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. 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. regulations and administrative procedures with its obligations as provided in the annexed Agreements.

On the other hand. Lansang. Art. the President. but Congress can cut short its effectivity by revoking the proclamation by the vote of at least a majority of all its members. 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. so that the decision on Aquino v. 59 SCRA 183. by means of the proclamation of martial law.(1973) is now overruled. 63 SCRA 546 (1975). in this case. within 24 hours following the proclamation of martial law or the suspension of the privilege without need of any call. thus overruling the case of Aquino v. giving the scope. jointly. voting. His proclamation of martial law does not carry with it the suspension of the writ of habeas corpus. Discuss fully the provisions of the 1987 Constitution. One of the features of the government established under the 1987 Constitution is the restoration of the principle of checks and balances. The Constitution thus overrules the cases of Garcia- Page 22 of 445 Political and Public International Law . Nor does the suspension of the writ deprive courts of their power to admit persons to bail. in accordance with its rules. the Supreme Court exercises a check on Executive action in the form of judicial review at the instance of any citizen. suspend the Constitution or supplant the courts and the legislature. 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. Proclamation of martial law. The Constitution embodies in this respect the ruling in Garcia v. Indeed. 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. Military Commission No. 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. VIII. Sec. The proclamation of martial law or suspension of the writ is effective for 60 days only. and Congress is in turn required to convene. if it is not in session. The President is required to report to Congress within 48 hours his action in declaring martial law or suspending the privilege of the writ. Ponce Enrile. The President cannot. Neither can he authorize the trial of civilians by military tribunals so long as courts are open and functioning. where proper. 2. 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. To suspend the privilege of the writ of habeas corpus 2. limits and the role of the principle of checks and balances on the President’s exercise of the power: (1987 Bar Question) 1.

(1996 Bar Question) SUGGESTED ANSWER: As a judge. Is the contention of the employee correct? Explain. (1989 Bar Question) SUGGESTED ANSWER: Yes. Under the executive agreement entered into between the Philippines and the other members of the ASEAN. Such a power is lodged with the legislative branch and not with the executive branch. I shall dismiss the case. A government employee. (B) Congress increases the budget proposal of the President. Cruz. (D) Congress expands the appellate jurisdiction of the Supreme Court. filed an action in court questioning the disapproval of his application claiming that the Memorandum Circular is void. 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. the memorandum circular tried to amend the law. In Marasigan vs. 150 SCRA 1. 121 SCRA 472 (1983) and Morales v. the contention of the employee is correct. Padilla v. Ponce Enrile. whose application for optional retirement was denied because he was below 65 years of age and was not physically incapacitated. the Office of the President later issued a Memorandum Circular requiring physical incapacity as an additional condition for optional retirement age of 65 years. 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. 121 SCRA 538 (1983). Besides. it was held that such a memorandum circular is void. Explain. Page 23 of 445 Political and Public International Law . The system of checks and balances operates when (A) the President nullifies a conviction in a criminal case by pardoning the offender. 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. What Section 25. (C) the President does not release the countryside development funds to members of Congress. of local facilities. decide the case. 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. By introducing physical capacity as an additional condition for optional retirement. As a fiscal re-trenchment measure. It does not include the temporary presence in the Philippines of foreign troops for the purpose of a combined military exercise. as defined by the Constitution. As the Judge. Ponce Enrile.

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

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

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

A law was passed dividing the Philippines into three regions (Luzon. 13. Is the law valid? Explain. Article III of the 1987 Constitution states: “The right of the people to information on matters of public concern shall be recognized.” As held in Valmonte vs. subject to such limitations as may be provided by law. the Vice-President. is unconstitutional. which guarantees the Page 27 of 445 Political and Public International Law . the sworn statement of assets. Article XII of the Constitution declares: “Information on foreign loans obtained or guaranteed by the government shall be made available to the public. and national taxation. 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. as well as to government research data used as basis for policy development. the Supreme Court. each constituting an independent state and vesting in a central government matters of foreign relations. 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 20. transactions. First. 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. the Congress. and papers pertaining to official acts. Section 21.” Under Section 17. which are vested in the Central government. Visayas. the Constitutional Commission and other constitutional offices. national defense and national taxation. liabilities and net worth of the President. 1989. and Mindanao). 74930. shall be afforded the citizen. Access to official records. national defense. Feb. each constituting an Independent state except on matters of foreign relations. Belmonte.” Section 7.R. and to documents. Article XI of the 1987 Constitution. implements a policy of full disclosure of all its transactions involving public interest. or decisions. 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. No. (1996 Bar Question) SUGGESTED ANSWER: The law dividing the Philippines into three regions. it violates Article I. the Members of the Cabinet. G.

which. 4). and without any basis at all. Article II of the Constitution. 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. while others lament the latter’s opinion as “questionable. sec. 21. The Constitution provides that if foreign military bases. 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. it violates the sovereignty of the Republic of the Philippines. sec.” (Art. it violates Section 15. 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. it must be “under a treaty duly concurred in by the Senate and. sec. the Constitution appears to ban such weapons from the Philippine territory. sec. unfortunate. XVIII.” and “is an amendment of the Constitution by misinterpretation. “it is completely wrong.” Do you or do you not agree with the aforementioned ruling of the Department of Justice? Why? (1988 Bar Question) SUGGESTED ANSWER: No. With respect to the provision allowing nuclear weapons within the bases. provides for national unity and development. II. while recognizing and promoting the rights of indigenous cultural communities. Second. consistent with the national interest. It declares as a state policy that “the Philippines.” It may therefore be that circumstances may justify a provision on nuclear Page 28 of 445 Political and Public International Law . The Senators on the other hand.” (Art. when the Congress so requires. without the concurrence of at least 2/3 of all the members of the Senate will not be valid (Art. it violates Section 22. troops or facilities are to be allowed after the expiration of the present Philippine-American Military Bases Agreement in 1991. Third. 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. which provides for the establishment of democratic and republic States by replacing it with three States organized as a confederation. therefore. A former senator had said. integrity of the national territory of the Philippines because it divided the Philippines into three states. 8) However. XVIII. adopts and pursues a policy of freedom from nuclear weapons in its territory. Fourth. which. Article II of the Constitution. 25) A mere agreement. Art. are skeptical. led by the Senate President. not a treaty.” Some members of the Lower House agree with Secretary Ordonez. The President forthwith announced that she finds the same opinion “acceptable” and will adopt it. ratified by a majority of the votes cast by the people in a national referendum. Article X of the Constitution. it violates Section 1. Fifth. VII. if not erroneous.

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

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

but maintains that this conjugal understanding is in conformity with their religious beliefs. This involves the performance of the official functions of religious authorities. As members of the religious sect. for the last fifteen (15) years. Because of separation of Church and State. Jenny. will you exonerate Angelina? Reasons. 492 SCRA 1 [2006]). A loose organization of Filipinos. Angelina. 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. At the formal investigation of the administrative case. not her husband. (3%) (2009 Bar Question) SUGGESTED ANSWER: Angelina should be exonerated. Will Jenny’s case prosper? Explain your answer. 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. (2%) (2009 Bar Question) SUGGESTED ANSWER: The case will not prosper. she admits her live-in arrangement. She had been living with a married man. 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. 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 . Yahweh’s Observers. Escritor. it has not been shown that there is compelling state interest which will be undermined by granting her an exemption. 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. Jenny filed suit in court. they had executed a Declaration of Pledging Faithfulness which has been confirmed and blessed by their Council of Elders. Second. First. also a member of Yahweh’s Observers. but also violated the constitutional policy upholding the sanctity of marriage and the solidarity of the family. De la Cruz. Meanwhile. a married woman. SUGGESTED ANSWER: It may make military service voluntary on females because of substantial difference. is a Division Chief in the Department of Science and Technology. was severely disappointed at the manner the Grand Elder validated what she considered was an obviously immoral conjugal arrangement between Angelina and her partner. Administratively charged with immorality and conduct prejudicial to the best interest of the service. If you were to judge this case. 453 SCRA 123 [2005]).

and social justice and human rights. Separation of powers Which phrase best completes the statement . The DFA and the DND refused. D. the constitutional commissions. Decide with reasons.. and the judicial. and the Department of National Defense (DND) demanding disclosure of the details of the negotiations. Valmonte v. 2005 ED. PHILIPPINE POLITICAL LAW. 558 SCRA 468 [2008]).70 Page 32 of 445 Political and Public International Law . contending that premature disclosure of the offers and counter. CRUZ. Article III of the Constitution. The right to information under the Constitution does not exclude contracts of public interest and are not privileged (Section 7. 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. 170 SCRA256 [1989]). invoking the constitutional right of the people to information on matters of public concern. 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. the bill of rights. and the national economy and patrimony. the legislative. Belmonte. and be granted access to the records of the meetings. the executive. state policies. P. d.offers between the parties could jeopardize on-going negotiations with another country. SUGGESTED ANSWER D. the accountability of public officers. the self-executing provisions. as well as copies of the minutes of the meetings. b. 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. and the self-evident social justice provisions. KMM filed suit to compel disclosure of the negotiation details. Aquino. the non-self-executing provisions. (3%) (2009 Bar Question) SUGGESTED ANSWER: The petition of KMM must be denied.

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

Arcticle VII of Constituion F. 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. b. 148 SCRA 382 [1987]. c. The Ombudsman can entertain the complaint for this purpose. the President pardons an accused after arraignment in the interest of justice. (2003 Bar Question) SUGGESTED ANSWER: No. E. SUGGESTED ANSWER A. 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. pursuant to the principle of separation of powers. 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. Section 19. the legislature passes a law that prohibits the president from commuting a judiciary imposed sentence. as a check of the president. the President pardons a convict as a way to set aside or modify a judgment of the judiciary. Section 1 of the 1987 Constitution provides that public officers must at all times be accountable to the people. As stated in the case of In re: Laureta. SUGGESTED ANSWER: Article XI. d. Can the Ombudsman validly take cognizance of the case? Explain. Checks and balances Which of the following best exemplifies how the system of checks and balances is carried out: (2012 BAR EXAMS) a. 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. the judiciary overturns a pardon granted by the President as a check on executions. 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 .

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

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

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

b. sec. (Art. The law itself must prescribe the penalty. c. voting jointly. VI. three-fourths of both Houses in joint session assembled. d. (Id. 11 Phil. or both such imprisonment and fine. If the law defines certain acts as violations of the law and makes them punishable.) (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. Are the following bills filed in Congress constitutional? (1996 Bar Question) Page 38 of 445 Political and Public International Law . voting separately. voting jointly. two-thirds of both Houses in joint session. (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. (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. After leaving the legislature. 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. two-thirds of both Houses in separate session assembled.) Suppose that Congress passed a law creating a Department of Human Habitat and authorizing the Department Secretary to promulgate implementing rules and regulations. for example.00. as the case may be. voting jointly. (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. 27(1)). (Id. in the discretion of the court. 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. 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. Barrias. 327 (1908). the fixing of the penalty for criminal offenses involves the exercise of legislative power and cannot be delegated. with imprisonment of three (3) years or a fine in the amount of P 10. As held In United States v. please name the three methods by which said bill may become a law. two-thirds of both Houses in joint session assembled.000.

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

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

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

facilitate the establishment of adequate consultation mechanisms. by law. 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. Section 2 of the 1987 Constitution provides that subject to the enactment of an implementing law. Article III. Under Section 2. Article XIII of the Constitution. “The State recognizes the role of women in nation. The following are the provisions of the Constitution on women: 1. “It (the State) shall equally protect the life of the mother and the life of the unborn from conception. B." (Section 12. Article XVII. Article XIII. and shall ensure the fundamental equality before the law of women and men. of which every legislative district must be represented by at least three per centum of the registered voters thereof. of which every legislative district must be represented by at least three per centum of the registered voters therein. political. Page 42 of 445 Political and Public International Law . 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. 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. facilitate the establishment of adequate consultation mechanisms. Section 16 of the 1987 Constitution provides that the right of the people and their organizations to participate at all levels of social. Article VI of the Constitution.” (Section 14. political and economic decision-making shall not be abridged. Section 4 of the 1987 Constitution guarantees the right of the people peaceable to assemble and petition the government for redress of grievances." (Section 14. The State shall. Article II) 2. the right of the people and their organizations to effective and reasonable participation at all levels of social. 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 VI. Article II) 3. taking into account their maternal functions. Under Section 16. through initiative and referendum. Under Section 32. “The State shall protect working women by providing safe and healthful working conditions. Article XVII of the Constitution. Article XIII) Is “people power” recognized by the 1987 Constitution? Explain fully.building. (2003 Bar Question) SUGGESTED ANSWER: “People power” is recognized in the Constitution. the people may directly propose amendments to the Constitution through initiative. and economic decision-making shall not be abridged and that the State shall. by law.

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

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

Article X of the Constitution. a member of the House of Representatives. 175. How would you answer the following questions regarding the representation of the House in the Commission on Appointments? A. 150.000. X can run for the Senate in the 1988 election.000. 185 belong to the Progressive Party of the Philippines or PPP. 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. X is only prohibited from running for the same position. while 17 belong to the Citizens Party or CP. was serving his third consecutive term in the House. (1996 Bar Question) SUGGESTED ANSWER: Yes. d. In June 1996 he was appointed Secretary of National Defense. SUGGESTED ANSWER: A.000. Under Section 7. Can he run for election to the Senate in the 1998 elections? Explain.000. b. a.000 SECTION 5(3). 250. Suppose there. Of this number. (5%) (2002 Bar Question) Page 45 of 445 Political and Public International Law . 250. 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. 100. c. are 202 members in the House of Representatives.

Greenpeas is not entitled to participate under the party-list system. after the parties receiving at least two percent (2%) of the total votes case for the party-list system have been allocated one seat. Moreover. Gonzales.98 seats in the Commission on Appointments. 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. Section 18 of the Constitution. Bluebean. a political observer. it is entitled to have ten of the twelve seats in 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. b. if any. Since the provision in Section 5 (2). B. When the election results came in. Tan.99 percent of the votes cast under the party-list- system is not correct. the remaining seats should be allocated among the parties by Page 46 of 445 Political and Public International Law . Otherwise. since it does not represent any of the marginalized and underrepresented sectors of society. As held in Cunanan v. Party-list system Greenpeas is an ideology-based political party fighting for environmental causes.99 percent of the votes cast under the party-list system. 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. would this have on the right of the CP to have a seat or seats in the Commission on Appointments? Explain your answer fully. 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. B. 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. in accordance with Article VI. 5 SCRA 1 (1962).58 per cent of the 202 members of the House of Representatives. (5%) (2002 Bar Question) SUGGESTED ANSWER: A. What effect. entered into a political alliance with the PPP in order to form the “Rainbow Coalition” in the House. Although the 185 members of Progressive Party of the Philippines represent 10. 214 SCRA 789 (1992). it only obtained 1. claimed that Greenpeas is not entitled to any seat since it failed to obtain at least 2% of the votes. The 185 members of the Progressive Party of the Philippines represent 91. Suppose 15 of the CP representatives. while maintaining their party affiliation. under the ruling in Guingona v. It decided to participate under the party-list system. 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.

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

a private organization registered in The Netherlands. 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. respectively? Decide with reasons. respectively. Rudy seeks to register KABAKA as a party- list with himself as a nominee of the coalition'. This is because while representation in the party-list system is proportional. natural-born Filipino and a resident of the Philippines since birth. COMELEC. sec 5[3]. since KABAKA is receiving a subsidy from the Dutch Foreign Ministry. COMELEC. Under Section 11 (b) of Republic Act 7941. in tum is allocated worldwide to the Foundation's partners like KABAKA. a political party which is supported by any foreign government cannot be registered with the Commission on Elections. B. The Dutch Foundation for Global Initiatives. a coalition of peoples' organizations from fisherfolk communities. Article IX-C of the Constitution. supra. Rudy Domingo. 38 years old. a party is entitled to a maximum of three (3) seats regardless of the number of votes it actually obtained (Veterans Federation Party v. KABAKA's operations consist of empowering fisherfolk leaders through livelihood projects and trainings on good governance. COMELEC. 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. SUGGESTED ANSWER: A. the elected party-list representative must have the mandate of a sufficient number of people (Veterans Federation Party v. Under Section 2(5). (4%) (2009 Bar Question) SUGGESTED ANSWER: KABAKA and Ruby are not qualified as a party list and as nominee. because this is the maximum number of party-list congressmen (1987 Const. receives a huge subsidy from the Dutch Foreign Ministry.). 342 SCRA 244 [2000]). COMELEC. C.). supra. Veterans Foundation Party v. supra. Art.). VI. To have meaningful representation. is a Manila-based entrepreneur who runs KABAKA. 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. which.. to maintain proportional representation. The party-list congressmen should not exceed twenty per cent of the total membership of the House of Representatives. Will KABAKA and Rudy be qualified as a party-list and a nominee. Page 48 of 445 Political and Public International Law .

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

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

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

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

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

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

179 SCRA 136. the Supreme Court held that a law prohibiting the issuance of an injunction is valid. three of whom are Justices of the Supreme Court designated by the Chief Justice. In Maniruste Systems. returns and qualifications of Senators and Congressmen.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. Court of Appeals. (1992 Bar Question) SUGGESTED ANSWER: Yes. What is the composition of each? 2. Congress has found that foreign investments are deterred by the uncertain investment climate in the Philippines. respectively. because under Section 2. in the case of the latter (Section 17. What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal? 2. us. One source of such uncertainty is the heightened judicial intervention in investment matters. Article VIII of the Constitution.5% (2006 Bar Question) SUGGESTED ANSWER: The Senate Electoral Tribunal and the House of Representatives Electoral Tribunal are composed of nine members. G. the measure is valid. respectively (Section 17. Powers of Congress Congress is considering new measures to encourage foreign corporations to bring their investments to the Philippines. the jurisdiction of the courts may be defined by law. 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. Inc. Would this be a valid measure? Explain. to which they belong. Article VI of the Constitution). Page 55 of 445 Political and Public International Law . and the remaining six members are Senators and Congressmen. 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).

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

(C) 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. 1. b. legislative oversight. (B) Yes.A. 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. Page 57 of 445 Political and Public International Law . Legislative a. because those department heads are his alter egos and he is but exercising his right against self-incrimination. the President cannot control the initiative of the department heads to conform with the oversight function of Congress. legislative encroachment. a Resolution directing the House Committee on Good Government (HCGG) to conduct an inquiry on the matter. legislative scrutiny. in aid of legislation. legislative veto. in violation of R. 8799. the President has the power to withhold consent to appearance by his department heads during question hour. d. 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. Is the executive order unconstitutional for suppressing information of public concern? (2011 BAR) (A) No. c. The HCGG immediately scheduled a hearing and invited the responsible officials of IUB. the Chairman and Commissioners of the Securities and Exchange Commission (SEC). only the SEC Commissioners appeared. and the House of Representatives unanimously approved. and the Governor of the Bangko Sentral ng Pilipinas (BSP). the President cannot withhold consent to the initiative of his department heads as it will violate the principle of check and balance. in order to prevent the recurrence of any similar fraudulent activity. On the date set for the hearing. is a: (2012 BAR EXAMS) a. He then filed. retains a "right" or "power" to approve or disapprove such regulations before they may take effect. prompting Congressman Nonoy to move for the issuance of the appropriate subpoena ad testificandumto compel the attendance of the invited resource persons. (D) No.

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

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

Article VI of the Constitution. Article VIII of the Constitution. because it is a constitutionally-created officer under Section 5. Atty. Section 24 of the 1987 Constitution). (E) None of the above is correct. The President eventually signed it into law. Article XI of the Constitution. House of Representatives which approved the bill in toto. (C) It is constitutional because of the Enrolled Bill Theory. The legislature cannot abolish the Office of the Ombudsman. it is limited only to alcohol and liquor products. questioning the constitutionality of the new law. A treaty which provides tax exemption needs no concurrence by a majority of all the Members of the Congress. because it is a constitutionally-created officer under Section 8(1). (D) It is constitutional because it is valid in form and substance and complied with the required lawmaking procedures. Commission on Appointments b. Ombudsman c. The legislature may abolish the Court of Tax Appeals. because it is a constitutionally-created office under Section 18. The Legislature cannot abolish the Judicial and Bar Counsel. The legislature cannot abolish the Commission of Appointments. It is a statutory court. 1125. The legislature may abolish this body: 5% (2006 Bar Question) a. [1982]). JFC filed a petition before the Supreme Court. d. 112 SCRA 294. Commission on Audit SUGGESTED ANSWER: a. Alba. SUGGESTED ANSWER: (E)(Article VI. because it was created by Republic Act No. 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. (0. (B) The law is unconstitional because it violates the equal protection clause of the Constitution. Judicial and Bar Council d. as amended. Court of Tax Appeals e. b. The authority of the legislature to create the Court of Tax Appeals implies its authority to abolish it [De la Liana v. c.5%) (2009 Bar Question) Page 60 of 445 Political and Public International Law .

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

" Explain how the automatic appropriation of public funds for debt servicing can be reconciled with Article VI. Section 25(7). Enriquez. 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. with the approval of the Secretary of National Defense. 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. the President. Article VI of the Constitution provides: “ No law shall be passed authorizing any transfer of appropriations. to use savings to cover the losses suffered by the AFP Retirement and Separation Benefits System is unconstitutional." In Philippine Constitution vs. such right must and can be exercised only by the President pursuant to a specific law. Would you question the constitutionality/validity of the special provision? (13%] (1998 Bar Question) SUGGESTED ANSWER: 1. the provision authorizing the Chief of Staff. Yes. subject to the approval of the Secretary of National Defense. 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 . by the end of any fiscal year. Suppose in the same budget. the Speaker of the House of Representatives. 235 SCRA 506. AFP. the President of the Senate. 544. No. there is a special provision in the appropriations for the Armed Forces authorizing the Chief of Staff. be authorized to augment any item in the general appropriation law for their respective offices from savings in other items of their respective appropriations. 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. "While Section 25(5) allows as an exception the realignment of savings to augment Items in the general appropriations law for the executive branch. SUGGESTED ANSWER: 2. Article VI of the Constitution provides: "If. 2. however. the failure of Congress to pass the budget will not paralyze the operations of the Government. Section 29(1) of the Constitution. and the heads of Constitutional Commissions may. the Chief Justice of the Supreme Court. the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year. Section 25(5). by law.

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

Article XVIII of the 1987 Constitution reads: “The incumbent President shall continue to exercise legislative power until the first Congress is convened. 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. 1987. 1. which have the force of law. Accordingly. 1 and 2 issued by President Corazon C. therefore. 1. the PCGG sequestered the assets of X Corporation. the President shall continue to exercise legislative power. it was held in Bataan Shipyards and Engineering company. On April 14. Decide. Executive Order No. as President. (1990 Bar Question) SUGGESTED ANSWER: (1) The contention of X Corporation should be rejected. Decide. the Supreme Court ruled that the Provisional Constitution and the 1987 Constitution. 1. 1.2 and 14 are not bills of attainder.” Likewise. Presidential Commission on Good Government. 14 vests on the Sandiganbayan jurisdiction to try hidden wealth cases. 1. Inc. X Corporation. 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. A bill of attainder is a legislative act which inflicts punishment without judicial trial. Inc. (2) Executive Orders Nos. Page 64 of 445 Political and Public International Law . Inc. Executive Orders Nos. At that time President Corazon Aquino exercised legislative power Section 1. that Executive Orders Nos. 1986. his relatives and cronies. Tan. 2 and 14. 3. could not lawfully issue Executive Orders Nos. v." In the case of Kapatiran ng mga Naglilingkod sa Pamahalaan ng Pilipinas. v.2 and 14 are not bills of attainder . Executive Orders Nos. 163 SCRA 371. claimed that President Aquino. Inc. on the ground that legislation is a function of Congress. Said corporation also questioned the validity of the three executive orders on the ground that they are bills of attainder and. On the contrary. unconstitutional.because they do not inflict any punishment. 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. Section 6. provided: “Until a legislature is elected and convened under a new constitution. after an investigation. 2 and 14 were issued in 1986. Article II of the Provisional Constitution established by Proclamation No. (1990 Bar Question) 2.

As held in Tañada vs. the President's veto power is absolute. (B) Yes. Being a businessman. Informing function b. 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. (Executive Order No. Was the veto valid? (2011 BAR) (A) Yes. 292. (1993 Bar Question) 2. When does a bill become a law even without the signature of the President. 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. Revised Administrative Code of 1989) 2. 2. Cheng retains you as his legal adviser and asks enlightenment on the following matters: 1. assume that Emest Cheng is now a congressman. (C) No. since the vetoed condition may be separated from the item. non- legislative powers. the Constitution also granted the lawmaking body. 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. within thirty days after the date of receipt of the bill by the President. Under Section 27(1). 146 SCRA 446. In addition. Regardless of your answer to the preceding question. Article VI of the Constitution. Tuvera. Kindly name five of the latter. Non-legislative a. since the veto amounted to a suppression of the freedom to communicate through television. a law must be published as a condition for its effectivity and in accordance with Article 2 of the Civil Code. When does the law take effect? (1993 Bar Question) SUGGESTED ANSWER: 1. Power of impeachment c. since the approval of the item carried with it the approval of the condition attached to it. The President approved the appropriation but vetoed the condition. (D) No. he has no knowledge of legislative procedure. Other non-legislative powers Legislative powers had been vested by the Constitution in the Congress of the Philippines. (1988 Bar Question) Page 65 of 445 Political and Public International Law .

(D) Yes. the Members of the Supreme Court. sec. To concur in the grant of amnesty by the President. d. 4). he will be removed from office by a method other than impeachment. (Art. 19). VII. (B) No. for culpable violation of the Constitution. Under Section 8. sec. (Art. through the Senate. the action will not prosper. treason. XI. 2-3). or betrayal of public trust. it will amount to removal. 160 SCRA 771. 11). bribery. VII. Vice President. As held In the case of In re Gonzales.775. 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. the Members of the Constitutional Commissions and the Ombudsman. to try all cases of impeachment against the President. Article XI of the Constitution. e. by the Supreme Court itself. other high crimes. SUGGESTED ANSWER: Congress has the following non-legislative powers: a. (Art.774. sec. XVII). 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. (Art. To initiate through the House of Representatives and. b. May an incumbent Justice of the Supreme Court be disbarred as a lawyer? (2011 BAR) (A) No. (Art. To decide whether the President is temporarily disabled in the event he reassumes his office after the Cabinet. Page 66 of 445 Political and Public International Law . c. by a majority of vote of its members. (C) Yes. Will the action prosper? [5%] (1998 Bar Question) SUGGESTED ANSWER: No. secs. the Commissioners of the Commission on Elections are removable by impeachment. Otherwise. graft and corruption. by Congress in joint session. his membership in the bar is secure. To act as a constituent assembly for the revision or amendment of the Constitution. To act as national board of canvassers for President and Vice President. 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. VII.

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

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

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

by making us feel safe to live under it makes for its better support. between option 1. 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. (2) to suspend the privilege of the writ of habeas corpus or (3) to proclaim martial law. invasion or rebellion (David v Macapagal. whenever it becomes necessary. On February 24. Is this Proclamation constitutional? Explain. 624 (1943)) What do you mean by the “Calling-out Power” of the President under Section 18. 1017 declaring a state of national emergency.R. 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. (3) There is practically little difference. No. the options 2 and 3. public criticism of the action may only erode the President’s authority. of Educ. (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. 2. 171396. D. 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. Barnette. The President may well take comfort in the following thought: “Government of limited power need not be anemic government. liberation movements. 2006). 319 U. 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. It is submitted that the most effective means of meeting the current emergency which is brought about by rebellion.5% (2006 Bar Question) Page 70 of 445 Political and Public International Law . 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. invasion or rebellion.” (West Vs. and. rebel activities. E. liberation movements and terrorist violence. 2006. President Gloria Macapagal-Arroyo issued Proclamation No. Assurance that rights are secure tends to diminish fear and jealousy of strong government. as far as the ability of the President to meet an emergency is concerned. V. May 3. at the end of every quarter of the calendar year. (1987 Bar Question) SUGGESTED ANSWER: The President has three options: (1) to call out the armed forces to prevent or suppress lawless violence.S. to suppress lawless violence. on the other hand.Arroyo. State Brd. On the other hand. G. The President shall. Considering the pressing problems of insurgency.

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

that is. 2021. Subsequently. On June 2. Chairperson Ty retired optionally after having served the government for thirty (30) years. On the second argument. His term of office started on June 2. 2018. 2015. 2021 is valid only until June 8. 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 . (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. Ty as Chairperson of the COMELEC on June 14. a tax payer. 2021. In general The President appointed Dexter I. Should the petition be granted? (5%) 2013 BAR EXAMS SUGGESTED ANSWER: No. The President then appointed Commissioner Marikit as COMELEC Chairperson. What the Constitution prohibits is a reappointment of a COMELEC Commissioner after serving the seven-year term. 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. Ermita. the unexpired portion of the last chairman’s term but invalid if until 2021 as it exceeds the limitation. and (2) the term of office expressly stated in the appointment papers of Marikit likewise contravenes the aforementioned constitutional provision. Power of appointment a. 2012). 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. the President appointed eight acting Secretaries. While Congress was in session. 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. 2014 until June 2." Matalino. The Commission on Appointments confirmed her appointment. the limitation of the term of Commissioner Marikit as chairman until expiration of her original term on June 2. 2011 to end on June 2. 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). 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. 2018. 2. Marikit as the third member of the COMELEC for a term of seven (7) years starting June 2. the petition should not be granted. Will the constitutional challenge succeed? Explain. the President appointed Ms. 2011 for a term of seven (7) years pursuant to the 1987 Constitution. Article IX of the 1987 Constitution.

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

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

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

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

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

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

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

The BOD claims otherwise arguing that the doctrine of qualified political agency applies to the case. and. thus. The other four (4) members shall come from the private sector. Area. 2015 BAR EXAMS ANSWER: The invocation by the Board of directors of the doctrine of qualified political agency is not proper. all executive organizations are adjuncts of a single Chief executive. whose head. 29 SCRA 648 [1969]). His power of control extends to agencies with respect to their administrative functions. “The doctrine of qualified political agency essentially postulates that the heads of the various executive departments are the alter egos of the President. The BOD issues a resolution to implement a new organizational structure. the Secretary of Finance. and a new set of qualification standards. Article VII of the Constitution the President has control of all executive departments. 347 SCRA 128 [2000]) and to government-owned or controlled corporations (National Marketing Corporation v. Atty. is an alter ego of the President. After the implementation of the Resolution. 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). SUGGESTED ANSWER: True. Is the invocation of the doctrine by the BOD proper? Explain. a position classification system. even if they are performing quasi-judicial functions (Cruz v. Secretary of Environment and Natural Resources. that the heads of the executive Departments are assistants and agents of the Chief Executive. It contends that since its agency is attached to the Department of Finance. This doctrine is in recognition of the fact that in our presidential form of government. Under the so-called doctrine of qualified political agency. (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. 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. staffing pattern. the Director General of the National Economic Development Authority. Dipasupil questioned the legality of the Resolution alleging that the BOD has no authority to do so. bureaus and offices. Under Section 18. the BOD's acts were also the acts of the President. the Governor of the Central Bank. and Page 80 of 445 Political and Public International Law .

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

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. 2006) To give the much needed help to the Province of Aurora which was devastated by typhoons and torrential rains. Republic Act No. 159085. he is limited to the statutory delegation of emergency powers in favor of the President. Science and technological personnel of the government in the Province of Aurora shall be paid hazard allowance. Page 82 of 445 Political and Public International Law . May 3. May 3. Arroyo. (4%) (2005 Bar Question) SUGGESTED ANSWER: The proclamation of a state of calamity by the President will have the following legal effects: 1. Local Government Code]. G. consistent with the provisions of Section 17 of Article VII of the Constitution. including the Philippine National Police under the Department of Interior and Local Government.R. “in the exercise of such function. (Section 7(c). 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.” Give at least four (4) legal effects of such declaration.R. (David V. 2. Local Government Code). 8439). 421 SCRA 656). 171396. he may call out such armed forces to prevent or suppress lawless violence. if needed. invasion or rebellion. 2006) It must be noted though. Under said provision. (Section 321. Arroyo. No. 7305). No. (Section 324(d). G. the President “sees to it that all laws are enforced by the officials and employees of his department. the President declared it in a “state of calamity. 3. No. 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. G. the President. 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. Executive Secretary. (Section 21.R. both of which authorize the statutory delegation of emergency powers in favor of the President. February 3. 4. 292 Administrative Code of 1987). may employ the powers attached to this office as the Commander-in-Chief of all armed forces of the country.” Moreover. 171396. Book III of Executive Order No. 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. Republic Act No. he is limited to the exercise of his calling-out power under Section 18 of Article VII of the Constitution. which provides that “whenever it becomes necessary. that without a law promulgated pursuant to the provisions of Section 23(2) of Article VI. “(David v.” (Sanlakas v. and Section 17 of Article XII. 2004. Public health workers in the Province of Aurora shall be paid hazard allowance.

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

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

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

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

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

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

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

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

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

October 22. warships. 15808. 1963. G. 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. (Pimentel v. Is Senator Maagap correct? Explain. G. and armaments from time may be subject to the provisions of Section 25 of Article XVIII of the Constitution. No. SUGGESTED ANSWER: (A)(Gonzales v. under the provisions of Section 21 of Article VII of the Constitution. and recognized as a treaty by the of the contracting state. 2008. warships. It is the President who ratifies treaties. 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. which provides that “foreign bases.R. under the Constitution. when the Congress so requires. 2012. 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. and (2) Executive Agreement allowing the Republic of Kroi Sha to bring to the Philippines its military complement. 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. No.R. 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. 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 . 185572. ( 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.R. July 16. February 7. G. the Senate merely provides its concurrence to. L-21897. Hechanova. Executive Secretary.No. Sta. Maria. 9 SCRA 230). treaties. and does not ratify. (China National Machinery &^ Equipment Corporation v. ratified by a majority of the votes cast by the people in a national referendum held for that purpose.

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

Is the President bound to submit the agreement to the Senate for ratification? (1994 Bar Question) SUGGESTED ANSWER: No. the executive agreement is contrary to our existing domestic law. Under the Constitution. The Senate. The Senate. (C) No. the President is not bound to submit the agreement to the Senate for ratification.000 tons. 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 Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R. asked that the agreement be submitted to it for ratification.A. 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 . because of the requirement in Section 21. (B) No. the executive agreement is actually a treaty which does not take effect without ratification by the Senate. (D) Yes. The President forged an executive agreement with Vietnam for a year supply of animal feeds to the Philippines not to exceed 40. by a resolution. 462 which prohibits the importation of animal feeds from Asian countries. Under Section 20. international agreements are sui generis which must stand independently of our domestic laws. Is the challenge correct? (2011 BAR) (A) Yes. Article VII of the Constitution. asked that the agreement be submitted to it for ratification. 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. 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. 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. 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. 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. The Secretary of Foreign Affairs advised the Secretary of Public Works and Highways not to comply with the request of the Senate.

An exiled Myanmar professor Sung Kui. Kui address the conference. Can the House of Representatives take active part in the conduct of foreign relations. 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.S. Curtiss-Wright Export Corporation. the House of Representatives may pass a resolution expressing its views on the matter. the President alone negotiates treaties and Congress is powerless to intrude into this. critical of the military government in Myanmar. However. (1996 Bar Question) SUGGESTED ANSWER: No. Although the Senate has the power to concur in treaties. The chancellor of CLSU argued that the instruction violates the Constitution. The President thereupon instructed the immigration authorities to prevent the entry of Prof. 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. particularly in entering into treaties and international agreements? Explain. As held in United States vs. Decide with reasons. 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). Republic of the Philippines. if the matter involves a treaty or an executive agreement. of Foreign Affairs informed the President of the regional and national security implications of having Prof. Article VII of the Constitution. 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. The Secretary. (4%) (2009 Bar Question) Page 95 of 445 Political and Public International Law . particularly in entering into treaties and international agreements. the President alone is the representative of the nation in the conduct of foreign affairs. Kui into Philippine territory. 304. was invited as keynote speaker. Section 4. the House of Representatives cannot take active part in the conduct of foreign relations. (2%) (1999 Bar Question) SUGGESTED ANSWER: Under Section 20. 299 U.

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

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

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

Decide the case. 2006). (5%) 2015 BAR EXAMS SUGGESTED ANSWER: Under Section 5. By virtue of this power. while the Secretary appeared but refused to testify invoking executive privilege. Residual powers 11. who were among those tasked to maintain peace and order during the last election. the President is the Commander-in- Chief of the Armed Forces of the Philippines. Article XVI of the Constitution. 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. cancel specific provisions of a bill. Ermita. are covered by executive privilege." 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. 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. Senga. in the judgment of the department heads. X refused to appear. 2006). 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. 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. The invitees Brigadier General Matapang and Lieutenant Coronel Makatuwiran. The House Committee summoned X and the DBM Secretary to appear and testify. Implicated in the questionable disbursement are high officials of the Palace. without vetoing the entire legislative package. Among those included in the enumeration are "senior officials of executive departments who. 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. Article VI of the 1987 Constitution. 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. a Division Chief of the Department of Budget and Management (DBM). Only the President can make use of Executive Privilege (Senate v. Page 99 of 445 Political and Public International Law . 10. It is upon the President that executive power is vested. usually a budget appropriations bill.

(Senate of the Philippines v. Concepts 1.) He can be cited for contempt and ordered to be arrested. 2014). he may cited for contempt and ordered to be arrested (De la Paz v Senate Committee on Foreign Relations. what sanction may be imposed on him? (2%) (2009 Bar Question) SUGGESTED ANSWER: X may be compelled to appear and testify. (B) must hold an executive session to hear the department secretary. 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. Page 100 of 445 Political and Public International Law . 488m SCRA 1 (2006. Ochoa. If the answer is no. Only the President or the Executive Secretary by order of the President can invoke executive privilege. Ermita. 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. (C) may altogether reject the initiative. 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. Is the Budget Secretary shielded by executive privilege from responding to the inquiries of the House Committee? Explain briefly.) For refusing to testify. (D) must accept such initiated appearance. 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.) A department secretary may. because the inquiry is aid of legislation and neither the President nor the Executive Secretary by order of the President invoked executive privilege. 488 SCRA 13 (2006).) V. Ermita. with the President's consent. (De la Paz v. 519 SCRA 521 [2009]. May X be compelled to appear and testify? If yes. 579 SCRA 521 [2009]. Senate Committee on Foreign Relations. (Senate of the Philippines v. Judicial Department A.

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

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

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

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

While these Constitutions. SUGGESTED ANSWER: Under the 1935 and 1973 Constitutions. 1. Article VIII of the 1987 Constitution. 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. both provided for vesture of Judicial power “in one Supreme Court and in such inferior courts as may be established by law. VIII) The second paragraph of the cited provision was not found in the 1935 and 1973 Constitution. which presumably was implicit in the 1935 and 1973 Constitutions. It contains a new definition of judicial power particularly the scope thereof. as follows: “The Judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law." (Sec. The 1987 Constitution. 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. 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. What is the difference. Art. 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. involving the settlement of conflicting rights as by law." they were silent as to the scope of such power. 177 SCRA 668. there was no provision defining the scope of judicial power as vested in the judiciary. “Judicial power includes the duty of the courts of Justice to settle actual controversies involving rights which are legally demandable and enforceable. Manglapus. As held in Marcos us. between the scope of judicial power under the 1987 Constitution on one hand. if any. constitutes disorderly behavior. 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 . on the other hand. The first portion thereof represents the traditional concept of judicial power. re-wrote the provisions on the vesture of judicial power originally appearing in the 1935 and 1973 Constitutions.

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

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

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

180 SCRA 496 [19890. the Supreme Court nullified the removal of one of its members for voting in favor of the protestant. If a political question is involved. 201 SCRA 792 [19910. would have left to the political departments to decide. Pineda. 177 SCRA 668 [1989D: (Daza v. a resident of Smokey Mountain in Tondo. 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. Thus. (Bondoc v. Singson. citing at least one illustrative case." 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. 2. although the House of Representatives Electoral Tribunal has exclusive jurisdiction to decide election contests involving members of the House of Representatives. Page 109 of 445 Political and Public International Law .conditional cash transfers" was initially funded 500 million pesos by Congress. Judicial review The “Poverty Alleviation and Assistance Act "was passed to enhance the capacity of the most marginalized families nationwide. under the previous Constitutions. 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. questioned the authority of the Committee. The 1935. 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. (5%) (2004 Bar Question) SUGGESTED ANSWER: The effect of the second paragraph of Section 1. 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. Manglapus. Mang Pandoy. 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. Government may intrude into this exclusive power of the Supreme Court. A financial assistance scheme called . who belonged to a different party. 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.

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

) In accordance with the opinion of the Secretary of Justice. It is notseparate from the supreme court. 631 scra 239) B. payable to the Philippine government in advance. 17 scra 756. Would the answer in (a. 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. Judicial power. The supreme court would have jurisdiction if it were the senate electoral tribunal who issued the challenged rulling. Page 111 of 445 Political and Public International Law . dollars. What is judicial power? Explain Briefly. (2012 BAR EXAMS) a. The presidential electoral tribunal is composed of the chief justice and associate justice of the supreme court sitting en banc. After due consideration of the facts and the issues. 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.000 votes. (lerias vs house of representative electoral tribunal. and believing that it would be good for the country.sec 1(1) art. Yellow and Mr. Does the Supreme Court have jurisdiction? Explain. (section 4. Undaunted. (lopez vs roxas. 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. After elections. Mr. Aggrieved. A yearly rental of one billion U. article vii of constitution.) 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. What is the composition of the PET? (2%) d. 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. in consideration of: 1.S. Yellow filed with the Supreme Court a Petition for Certiorari challenging the decision of the PET alleging grave abuse of discretion. (macalintal vs. (3%) b. the PET ruled that Orange was the real winner of the elections and ordered his immediate proclamation.) It includes the duty of the courts to settle actual controversies involving right which are legally demandable and enforceable. Orange filed a protest with the Presidential Electoral Tribunal (PET).) D. (2%) SUGGESTED ANSWER: A. Presidential electoral tribunal. The supreme court can review its decision if it acted with grave abuse of discretion. 202 scra 808) C. Yellow emerged as the winner by a slim margin of 100. article vii of the constitution. Orange were the leading candidates in the vicepresidential elections.

The Bureau of Forestry’s decision in effect favored Batibot. 21. (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. What would you advise them to do? Give your reasons. 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. when the sealanes from the Persian Gulf to the Pacific. Because of boundary conflicts. (1988 Bar Question) SUGGESTED ANSWER: If the Agreement is not in the form of a treaty. On the other hand. 2. In return. therefore. 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. An undertaking on the part of the American government to implement immediately the mini-Marshall plan for the country involving ten billion U. An undertaking to help persuade American banks to condone interests and other charges on the country's outstanding loans. 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. Apex appealed to the Department of Page 112 of 445 Political and Public International Law . 1. to store nuclear weapons at Subic and at Clark Field. VII. albeit involving the Executive Branch of the government during the martial law period. therefore. It may not. A vital military need comes. be opposed in that branch of the government. under the agreement. it is not likely to be submitted to the Senate for ratification as required in Art. While art. (C) acts of the Chief Executive. are adjacent timber concession holders in Isabela.” it is clear that this provision does not do away with the political question doctrine. Courts may still decide cases that have otherwise become academic when they involve (2011 BAR) (A) the basic interest of people.S. and mutual charges of incursions into their respective concession areas. Apex Logging Co and Batibot Logging Co. VIII. are threatened by hostile military forces. sec. (B) petitions for habeas corpus. dollars in aids and concessional loans. at this stage. Nor is judicial review feasible at this stage because there is no justiciable controversy. and in case of vital military need. I would. the President agreed to allow American nuclear vessels to stay for short visits at Subic. no justiciable controversy can be framed to justify judicial review. and 3. par. sec.

SUGGESTED ANSWER: (D) DE AGBAYANI VS. The Office of the President through an Asst. Batibot moved to dismiss the action. Executive Secretary sustained the Department of Natural Resources and Environment. As held in a similar case. a. 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. 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. The order of the trial court must accordingly be set aside. Dissatisfied with the Administrative action on the controversy. constitutional. Executive Secretary other than the one who signed the decision affirming the decision of the Department of Natural Resources and Environment decided for Batibot. Batibot then filed a petition for certiorari and prohibition to review and annul the orders of the Regional Trial Court. but the Regional Trial Court denied the same and even enjoined enforcement of the decision of the Office of the President. unconstitutional. 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. Apex filed an action with the Regional Trial Court against Batibot. 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. On a motion for reconsideration by Batibot. the Director of Forestry. b. Lianga Bay Logging Co. Batibot’s motion for reconsideration was likewise denied. v. Mere beliefs. however. and the Asst. 152 SCRA 80 (1987). Operative fact doctrine The "operative fact" doctrine of constitutional law is applied when a law is declared: (2012 BAR EXAMS) a. c. operative. d. suspicions and conjectures cannot overcome the presumption of regularity of official action. 38 SCRA 429 Page 113 of 445 Political and Public International Law . It was the turn of Batibot to appeal to the Office of the President. PHILIPPINES NATIONAL BANK. an Asst. Enage. factual. Natural Resources and Environment and this department reversed the decision of the Bureau of Forestry and sustained Apex.

(C) the doctrine of supervening event. the Supreme Court applied (2011 BAR) (A) the operative fact doctrine. c.) When the Supreme Court nullified the decisions of the military tribunal for lack of jurisdiction. (B) petitioner lacks legal standing. has the 1987 Constitution affected the “political question doctrine”? (1997) SUGGESTED ANSWER: Section 1. Moot Questions Courts may dismiss a case on ground of mootness when (2011 BAR) (A) the case is premature. and to determine whether or not there Page 114 of 445 Political and Public International Law . b. (D) the orthodox doctrine. respectful kind. or an unusual need for unquestioning adherence to a political decision already made. To what extent. d. (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. b. or the potentially of embarrassment from multifarious pronouncement by various departments on a question. if at all. c. 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. its actual existence must be taken into account and whatever was done while the law was in operation should be recognized as valid. 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. (D) the issue of validity of law was not timely raised. In so doing. adherence kind. (B) the rule against double jeopardy. (C) the questioned law has been repealed. deference kind. 436 SCRA 273 [2004]. it excluded from their coverage decisions of acquittal where the defendants were deemed to have acquired a vested right. People. prudential kind." describes what kind of political question: a.

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. 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. 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. B. Comelec. 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.” A. One Senator remarked that the Supreme Court is a continuing Constitutional Convention. Manglapus. 177 SCRA 668. I do not agree that the Supreme Court is a continuing Constitutional Convention. Do you agree? Explain. (Javier v. Name at least three constitutional safeguards to maintain judicial independence. or are unjust. In Marcos vs. the Supreme Court has to adopt it to the ever-changing circumstances of society. it is merely discharging its duty under the Constitution to determine conflicting claims of authority. 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. or are a betrayal of public trust. The Supreme Court cannot decide cases merely on the basis of the letter of the Constitution. (3%) (2000 Bar Question) SUGGESTED ANSWER: A. Page 115 of 445 Political and Public International Law . The Supreme Court is the highest arbiter of legal questions. It has to interpret the Constitution to give effect to the intent of its framers and of the people adopting it. 144 SCRA 194 (1986)) To allow review of. As the Justices said in their answer to the complaint for impeachment in the Committee on Justice of the House of Representatives. When the Supreme Court strikes down an act of the Legislative or the Executive Department. so too. In interpreting the Constitution. “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. This is a power that properly belongs to the people and their elected representatives. should it be equally impermissible to make the individual members of the Supreme Court accountable for the court’s decisions or rulings. (2%) (2000 Bar Question) B.

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

which is what is sought to be prevented by the prohibition (De Castro v. 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. Margie also happens to be a first-degree cousin of the President. she was nominated as a Justice in the Court of Appeals. Despite the constitutional mandate to fill vacancies in Judiciary within the prescribed periods. assess and collect fees. In Bengzon v. vacancies in the lower courts shall be filled within ninety (90) days from submission of the list of nominees. Judicial and Bar Council. C. Article VII of the Constitution. 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 VIII of the Constitution. since it will be impossible to comply with his obligation. Appointments to the Judiciary Margie has been in the judiciary for a long time. as Justice of the Court of Appeals. The delay is excusable. Under Section 4(1). 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. These appointments to the courts. Can the President still make appointments to the judiciary during the so-called midnight appointment ban period? Assuming that he can still make appointments. The Judicial and Bar Council included her in the short-list submitted to the President whose term of office was about to end . Under Section 9. 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. could he appoint Margie. The prohibition in Section 13. ALTERNATIVE ANSWER (FOR FIRST QUESTION). 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. vacancies in the Supreme Court shall be filled within ninety (90) days from the occurrence of the vacancy. the prohibitions against the appointments releases the President from the obligation to appoint within them. (2014 BAR Page 117 of 445 Political and Public International Law . 208 SCRA 133. Drilon. Twenty (20) years from her first year in the judiciary. starting from the lowest court. Judicial restraint D. Margie.it was a month before the next presidential elections. 615 SCRA 666 (2010) The President may also appoint his first cousin. Article VIII of the Constitution. It recognizes the power and authority to deny.

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

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

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

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

Cases involving the constitutionality of a treaty. Congress can no longer enact any law governing rules of procedure for the courts (Echegaray v. and the procedures to be followed. Secretary of Justice. . Section 13 of the 1935 Constitution and Article X. 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: . application. 132601. . instructions. 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. 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. 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 which under the Rules of Court are required to be heard en banc . 301 SCRA 96). alter or supplement the rules of procedure promulgated by the Supreme Court. it means the ruling will apply to this particular case only. The law provides for the qualifications of members of the jury. which both authorized the Legislature to repeal. 1998. . No.Administrative cases against judges when the penalty is dismissal.R.Cases involving the constitutionality. the guidelines for the bar and bench for their selection. or operation of presidential decrees. G.Cases where a doctrine or principle of law previously laid down will be modified or reversed.Cases heard by a division when the required majority is not obtained. . the manner a trial by jury shall operate. Section 5 (5) of the 1987 Constitution of the provisions in Article VIII. October 12. or law. 2. Section 5(5) 1973 Constitution. Congress enacted a law exempting certain government institutions providing Page 122 of 445 Political and Public International Law . orders. ordinances. proclamations. international or executive agreement. and other regulations.

and to adopt a system of continuing legal education. on the other hand. and legal assistance to the underprivileged. The Constitution has taken away the power of Congress to repeal. 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). 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 . social services from the payment of court fees. 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. Congress further argues that if it can enact a law utilizing court fees to fund the JDF and SAJJ. No. to prescribe minimum standards for law admission and minimum qualifications of faculty members. Discuss the constitutionality of the said law. R. Congress. It was empowered. The Board was attached to the Department of Education. 612 SCRA 193). how may you help him develop clear. Thus. 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. If you were Professor Boombastick’s understudy. Article VIII of the Constitution recognized the authority of the Supreme Court to levy. Professor Boombastick.A. In re Exemption from Payment of Court and Sheriff’s Fees of Duly Congress passed a law. In re: Exemption of National Power Corporation from Payment of Filling/Docket Fees. 15005. alter or supplement the Rules of Court. Atty. law practice and social consciousness. taking into account the arguments of both parties? (2014 BAR) SUGGESTED ANSWER: The law is constitutional. a long-time law practitioner and lecturer in several prestigious law schools. The fiscal autonomy guaranteed the Judiciary by Section 3. creating an administrative Board principally tasked with the supervision and regulation of legal education. the basic curricula for the course of study aligned to the requirements for admission to the Bar. were created. a fortiori it can enact a law exempting the payment of court fees. the Integrated Bar. the funding of which are sourced from the fees collected by the courts. 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. assess and collect fees. 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. 615 SCRA 1]. among others.

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

4. The Court found him guilty and ordered him dismissed. 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. SUGGESTED ANSWER: (D) Only with the device and concurrence of the Supreme Court VI. Judge Lloyd's right to stay as judge may be challenged only by direct proceeding. Judge Lloyd 's right to stay as judge may be challenged as a necessary incident of the certiorari action. thus. (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 . Patricio was ousted from his seat in Congress. 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. not collaterally. advisable or necessary. the Court ruled in Jose’s favor. Administrative supervision over lower courts Judge Lloyd was charged with serious misconduct before the Supreme Court. the President can appoint Patricio ________. Within a year from that decision. Can the relief against Judge Lloyd be granted? (2011 BAR) (A) No. (C) Yes. he decided a case that had been submitted for resolution. 3. the losing party has no standing to challenge Judge Lloyd's right to stay as judge. (D) No. The decision became final and executory. In the decision promulgated in November 2011. (B) Yes. His opponent Jose questioned Patricio’s victory before the House of Representatives Electoral Tribunal and later with the Supreme Court. Believing that the decision was not immediately executory. the action against Judge Lloyd may be consolidated with the case before the Court of Appeals and decided by it. Constitutional Commissions Patricio was elected member of the House of Representative in the May 2010 Elections.

organizational autonomy. (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. d. SUGGESTED ANSWER: (B) SECTION 1. b. d. fiscal autonomy. Chairman and three (3) Commissioners. Civil Service Commission. b. 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 . Commission on Elections. ARTICLE IX-A OF CONSTITUTION Which one of the following is NOT an independent Constitutional Commission under Article IX. Civil Service Commission. Constitutional safeguards to ensure independence of commissions The independent Constitutional Commissions enjoy: (2012 BAR EXAMS) a. d. Chairman and four (4) Commissioners. Commission on Elections. c. A. Commission on Human Rights. Commission on Audit. c. d. b. SUGGESTED ANSWER: (A) SECTION 5. c. decisional autonomy. Commission on Audit. Section 1 of the Constitution: a. Commission on Human Rights. Chairman and a Commissioner. Chairman and two (2) Commissioners. c. Which one of the following is NOT an independent Constitutional Commission under Article IX. quasi-judicial autonomy. b. Section 1 of the Constitution: (2012 BAR EXAMS) a.

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

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

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

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

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

) D. because the Page 132 of 445 Political and Public International Law . 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. (Gamide vs. irrespective of variation of dates of their appointments and qualifications. does not distinguish between government corporations with original charters and their subsidiaries. Section 1(2). and the Commission on Audit. (Section 9(2). Commission on Audit. the Civil Service Commission. resignation or disability before expiration of the term should be filled only for the unexpired balance of the term. (Gaminde v. and (2) any vacancy due to the death. which provides for post audit by the Commission on Audit of government corporations. 347 SCRA 655 [2000].) 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. Article IX-D of the Constitution. Article VIII. 347 SCRA 655 [2000]. Commission on Audit.) 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. (2%) (1998 Bar Question) SUGGESTED ANSWER: Section 2(1) Article IX-D of the Site Constitution. 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. does not distinguish between government corporations with original charters and their subsidiaries. Section 2. Article IX-A of the Constitution. Jurisdiction of each constitutional commission The rule providing for post audit by the COA of certain government agencies. Article IX-B and Section 1(2).

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

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

which ruled that the Civil Service rules were violated when the employees were dismissed. 170 SCRA 79. 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. In addition. however. was organized under the Corporation Law and was not created by a special law in accordance with Section 2(1). the incumbent Governor of ADS. Inc. Inc. Article IX-B of the Constitution. 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. 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. it is not covered by the jurisdiction of the Civil Service Commission E. The employees complained to the Merit Systems Protection Board. The Civil Service Commission (CSC) affirmed the MSPB decision. Page 135 of 445 Political and Public International Law . Inc. As held in Lumanta v. did not find the former Governor in bad faith. and ordered ADS to reinstate the employees with full backwages. (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. Instead of complying immediately.”. which ruled that the amounts due are the personal liabilities of the former Governor who dismissed the employees in bad faith. since Food Terminal. The Commission on Audit cannot make a ruling that it is the former governor who should be personally liable. created and organized under the general corporation law as “The Greater Manila Food Terminal. Review of final orders. and the Commission on Audit cannot disallow the payment of backwages by ADS to the dismissed employee. resolutions and decisions Former Governor PP of ADS Province had dismissed several employees to scale down the operations of his Office. falls within the jurisdiction of the Department of Labor and Employment or the Civil Service Commission? Decide and ratiocinate. National Labor Relations Commission. (5%) (2004 Bar Question) SUGGESTED ANSWER: The refusal of ADS is not justified. BOP. The final CSC decision. ADS did not appeal and the order became final. Thus. since the former governor was not given the opportunity to be heard. The former Governor was likewise not heard on the question of his liability. the Commission on Audit cannot set aside a final decision of the Civil Service Commission. referred the matter to the Commission on Audit (COA). ADS refused to pay.

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

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

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

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

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

If Congress chooses the last option and passes the corresponding law imposing a 30% tax on all winnings and prizes won from gambling. 20 SCRA 849 [1967]). Page 141 of 445 Political and Public International Law . (0. The Filipino teachers assailed such differential treatment.250 per hour plus housing. City Mayor of Manila. The institute gave X a salary rate of P1. Procedural and substantive due process 3. Araneta. Constitutional and statutory due process X. Punto. a Filipino and Y. 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. Inc. The school cited the dislocation factor and limited tenure of Y to justify his high salary rate and additional benefits.) B. 7924 of the power to confiscate drivers' licenses without the need of any other law is an unauthorized exercise of police power. [1939]). Private acts and the Bill of Rights C. and leave travel allowance. Garin. 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. both teach at the International Institute in Manila. The Metropolitan Manila Development Authority is authorized to confiscate a driver's' license in the enforcement of traffic regulations. Relativity of due process 2. transportation. P1.000 per hour and Y. 98 Phil. Since Republic Act No. the grant to it by Section 5(f) of Republic Act No. 68 Phil. nation (People v. The same package was given to the other foreign teachers. 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. 148 [1955]). v. 456 SCRA 176 [2005]. (Metropolitan Manila Development Authority v. shipping costs. liberty & property 1. Due process – the rights to life. (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. Taxes may be imposed for the attainment of the objective of police power (Lutz v.

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

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

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

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

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

or national origin. The Court held that “classification based on sex. 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. 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. while denying the same right to a servicewoman unless her husband was in fact dependent on her for over one half of his support. 1) In the United States. and must therefore be subjected to strict judicial scrutiny. Page 156 of 445 Political and Public International Law .S. 687 (1973). are inherently suspect. like classifications based upon race.S. No. Reed. 404 U. 335 U. daughter of a sea captain and sister to four marine officers decided as a child to follow in her father’s footsteps. Whether the 1987 Constitution guarantees her the right to admission to take the coming January 1988 marine officers examinations. while earlier decisions of the Supreme Court upheld the validity of a statute prohibiting women from bar. Boren. recent decisions have invalidated statutes or regulations providing for differential treatment of females based on nothing stereotypical and inaccurate generalizations. Richardson.S.tending unless she was the wife or daughter of a male owner (Goesart v. 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. regardless of whether the wife is actually dependent on him. 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. the Court invalidated a statute permitting a male serviceman to claim his spouse as a dependent to obtain increased quarter allowance. 464 (1948) and denying to women the right to practice law (Bradwell v.S. 71 (1971) (preference given to men over women for appointment as administrators of estates invalid). Reed v. Marina Neptunia. 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. 83 U.” Accordingly. In time she earned a Bachelor of Science degree in Marine Transportation. (Frontierro v. State. Explain briefly. Cleary. under a similar provision. 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. v. IV. 411 U. alienage. Sec. (16 Wall) 130 (1873). Explain and cite relevant provisions. major in Navigation and Seamanship. Dec. 190 (1976) (providing for sale of beer to males under 21 and to females under 18). She wants to know: (1987 Bar Question) Whether the Board of Examiners had any plausible or legal basis for rejecting her application in 1986. 429 U. Accord Craig.S.

Page 157 of 445 Political and Public International Law . 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. being collected from every employed alien. Is the ordinance valid? (1989 Bar Question) SUGGESTED ANSWER: No. 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. “X” was asked to pay the fine of P5.00. with subsidiary imprisonment in case of solvency. 395. “X” was sentenced to a penalty of 1 year and 5 months of prision correccional and to pay a fine of P8. because Article 39 of the Revised Penal Code is unconstitutional. It failed to consider the valid substantial differences among the aliens required to pay the fee. The ordinance also violates due process. On the other hand. it was held that such an ordinance violates equal protection.00. In Villegas vs. it confers upon him unrestricted power to allow or prevent an activity which is lawful per se. part- time or full-time. because the punishment should be tailored to fit the individual. the 1987 Constitution now requires the State to “ensure the fundamental equality before the law of women and men” (Art II. Thus.00 and he said he could not afford it. including casual and part-time employment.” (Art. Kross. 401 U. Hiu Chiong Tsai Pao Ho. 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.000. (1989 Bar Question) SUGGESTED ANSWER: The petition should be granted. the ordinance is not valid. In Tate vs. In addition to the Equal Protection Clause. being an indigent. After serving his prison term. 86 SCRA 270. 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. The same among it. 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.000. XIII. Sec. 14). Decide. 239 F Supp 118.S. it was held that the imposition of subsidiary imprisonment for inability to pay a fine does not violate equal protection. in United States ex rel. Sec. in the city to secure an employment permit from the City Mayor and to pay a work permit fee of P500. Short. whether he is casual or permanent. Privitera vs. because it does not contain any standard to guide the mayor in the exercise of the power granted to him by the ordinance. An ordinance of the City of Manila requires every alien desiring to obtain employment of whatever kind. 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.

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

the team leader flagged down the vehicle which was driven by Hades. There was no probable cause to search the van. Is the search valid? (2011 BAR) (A) No. the police conducted a surveillance of the area indicated. He inquired from Hades what was loaded on the van. Page 159 of 445 Political and Public International Law . CA. they approached and frisked him and he did not object. he is entitled to an acquittal. The search yielded an unlicensed gun tucked on his waist and shabu in his car. Administrative arrests 6. 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. Thus. It was discovered only after they opened the boxes. Requisites 3. The police officers then told Hades that they will look inside the vehicle. The mere passive silence of Hades did not constitute consent to the warrantless search (Caballes v. the Court of Appeals affirmed his conviction. Whose claim is correct? Explain. Using the description of the supplier of shabu given by persons who had been arrested earlier for selling it. Believing that the van was loaded with contraband. Hades did not make any reply. They opened the boxes and discovered several kilos of shabu inside. that the shabu confiscated from him is thus inadmissible in evidence. For its part. When they saw a man who fitted the description walking from the apartment to his car. alcohol and blood tests Around 12:00 midnight. he was convicted by the trial court. Hades was charged with illegal possession of illegal drugs. 373 SCRA 221 [2002]). (2015 BAR) Answer: The warrantless search was illegal. In his final bid for exoneration. (B) Yes. the People of the Philippines maintains that the case of Hades involved a consented warrantless search which is legally recognized. The police officers then lifted the banana leaves and saw several boxes. On appeal. Warrantless arrests 5. any evidence obtained in the course thereof is admissible in evidence. the police acted on reliable information which proved correct when they searched the man and his car. After due proceedings. a. 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. Drug. The shabu was not immediately apparent. and that there being no evidence against him. a team of police officers was on routine patrol in Barangay Makatarungan when it noticed an open delivery van neatly covered with banana leaves. Hades just gave the police officer a blank stare and started to perspire profusely. Warrantless searches 4.

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

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

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

They approached him. The warrantless search cannot be justified as an incident of a valid arrest. in a place several blocks away from the place of arrest. A man with reddish and glassy eyes was walking unsteadily moving towards them but veered away when he sensed the presence of policemen. requires that all facts as to the condition of the property and its surroundings and its improvements and capabilities must be considered. the Supreme Court reconsidered its previous decision holding that a warrantless search.S. introduced themselves as police officers and asked him what he had clenched in his hand. the accused objected to the admission in evidence of the dangerous drug because it was the result of an illegal search and seizure. and. Quezon City was made. As he kept mum. Cruz Paño. a dangerous drug. 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. California. (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. (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 . (D) The driver sped away in his car when the police flagged him down at a checkpoint. 147 SCRA 509 (1987). because considerable time had elapsed after his arrest in Baguio before the search of his quarters in Camp Crame. and this can only be done in a judicial proceeding. was valid. by virtue thereof. made after 30 minutes from the time of arrest. 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. “X” can do so. (Chimel v. SUGGESTED ANSWER: Yes. 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. A contrary rule would justify the police in procuring a warrant of arrest and. 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. Rule on the objection. not only arrest the person but also search his dwelling. 752 (1969) ) in Nolasco v. Accordingly charged in court. the policemen pried his hand open and found a sachet of shabu. 395 U. (B) The police suspected an unfenced lot covered by rocks and bushes was planted to marijuana.

321 SCRA 459 [1999]. POI Nuval took 2 ski masks and 2 bats beside the motorcycle.Routine searches at borders and ports of entry (United States v. A witnessed two hooded men with baseball bats enter the house of their next door neighbor B. 344 SCRA 663 [2000]. In accordance with Manalili v. POI Nuval saw the motorcycle parked in the garage of a house at Sta. Coincidentally. After a few seconds. Then Asaw the two hooded men hitting B until the latter fell lifeless. 280 SCRA 400 (1997).) 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. the caretaker allowed him.Searches incidental to a lawful arrest. Was the search valid? What about the seizure? Decide with reasons.Stop and frisk (People u. A warrantless search maybe effected in the following cases: . "Huwag Pilo babayaran kita agad. and .Searches of businesses in the exercise of visitorial powers to enforce police regulations (New York u. 431 U.) Johann learned that the police were looking for him in connection with the rape of an 18-year old girl. Ramsey. . . The assailants escaped using a yellow motorcycle with a fireball sticker on it toward the direction of an exclusive village nearby.Searches of moving vehicles. . Court of Appeals. . since the accused had red eyes and was walking unsteadily and the place is a known hang-out of drug addicts.Searches of prohibited articles in plain view. POI Nuval insisted on getting inside the garage. 285 SCRA 703 [1998]). (People v. Ines Street inside the exclusive village. Out of fear. 482 U. SUGGESTED ANSWER: The objection is not tenable. Burger.Consented searches. Since shabu was actually found during the investigation. the rape victim was in the Page 164 of 445 Political and Public International Law . a neighbor.Enforcement of customs law. Montilla. He went to the police station a week later and presented himself to the desk sergeant. (People v. Bolasa. 606 [1977]). The caretaker named the brothers Pilo and Ramon Maradona who were then outside the country. A reported the incident to POI Nuval. he heard B shouting. He inquired with the caretaker as to who owned the motorcycle. Damaso.S. 212 SCRA547 [1992].) The warrantless seizure of the ski masks and bats cannot be justified under the plain view doctrine. 691 [1987/).S. Baula. because they were seized after an invalid intrusion into the house. . The following day. (4%) (2009 Bar Question) SUGGESTED ANSWER: The warrantless search and the seizure was not valid. . It was not made as an incident to a lawful warrantles arrest. it could be seized without the need for a search warrant. (People v. the police officers had sufficient reason to stop the accused and to frisk him.

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

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

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

for such a search to be valid. May the said police operatives lawfully seize the cocaine? Explain your answer. 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. 770. (1990 Bar Question) SUGGESTED ANSWER: (1) Yes. 185 SCRA 665. As held in Valmonte us. De Villa. 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. 80 Phil. 145 SCRA 687 that the discovery of the article must have been made inadvertently was also satisfied in this case. Gonzales. Some police operatives. that is. 1.” As held in People v. (1990) 2. 10 Shaw Boulevard. 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. which is also owned by X. he is Page 168 of 445 Political and Public International Law . Palacio. Pasig. (1990) 3. In this case. As held in Magoncia v. it was in plain view and it was only inadvertently discovered in the course of a lawful search. because it is an item whose possession is prohibited by law. a suspect must be under investigation. there was no probable cause. when an individual possesses contraband (unlicensed firearms belong to this category). 12 Shaw Boulevard. No. As held in Magoncia v. for this provision to apply. ten kilograms of cocaine. found. There was no investigation involved in this case. there must be a probable cause. 770. May they lawfully seize the said unlicensed firearms? Explain your answer. (2) No. Palacio. Dy. instead of firearms. Metro Manila. as there was nothing to indicate that Antonio had prohibited drugs inside the compartments of his car. The possession of cocaine is prohibited by Section 8 of the Dangerous Drugs Act. 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. (3) The unlicensed firearms stored at 12 Shaw Boulevard may lawfully be seized since their possession is illegal. The additional requirement laid down in Roan v. 158 SCRA 111. Section 12(1). acting under a lawfully issued warrant for the purpose of searching for firearms in the House of X located at No. the various compartments of the car. the police operatives may lawfully seize the cocaine. 80 Phil. Suppose the peace officers were able to find unlicensed firearms in the house in an adjacent lot.

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

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

Intrusion. Section 2 of the Bill of Rights. d. F. 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. a prohibited drug. Galang was made to sign a receipt for the plastic bag and its shabu contents. Marti. Privacy of communications and correspondence 1. Writ of habeasdata Under Article III. he found inside a calling card with the owner’s name (Dante Galang) and address. to come under the exclusionary rule. He brought the powdery substance to the National Bureau of Investigation for laboratory examination and it was determined to be methamphetamine hydrochloride or shabu. private individuals acting on their own. In a criminal prosecution for murder. c. 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. government agents. Galang was charged with illegal possession of prohibited drugs and was convicted. (3%) and Decide the case with reasons. the prosecution presented. an employee of the Manila Hotel who produced in court a videotape recording Page 171 of 445 Political and Public International Law . and a small plastic bag containing a white powdery substance. a few hundred peso bills. When the conductor opened the bag. One day a passenger bus conductor found a man's handbag left in the bus. former high government officials. In the course of the interrogation by NBI agents. On appeal he contends that – The plastic bag and its contents are inadmissible in evidence being the product of an illegal search and seizure. Private and public communications 2. As held in People v. (2002 Bar Question) SUGGESTED ANSWER: The plastic bag and its contents are admissible in evidence. Dante Galang was subsequently traced and found and brought to the NBI Office where he admitted ownership of the handbag and its contents. which provides for the exclusion of evidence that violate the right to privacy of communication and correspondence. when allowed 3. as witness. private individuals acting on orders of superiors. and without the presence and assistance of counsel. the evidence must be obtained by: a. b. the constitutional right against unreasonable search and seizure is a restraint upon the government. 193 SCRA 57 (1991).

intercepting." 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. Court of Appeals. (D) public safety or order requires otherwise as determined by the President. or when public safety or order requires otherwise as prescribed by law. member of the subversive New Proletarian Army. 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. its videotape recording is not prohibited (Navarro v. Article III of the Constitution provides: "The privacy of communication and correspondence shall be inviolable except upon lawful order of the court. One day. "A" conspired with his friend "C". The police had suspicions that Juan Samson. (B) dictated by the need to maintain public peace and order. The Chief of Police of Bantolan. was using the mail for propaganda purposes in gaining new adherents to its cause. Section 3(1). "A" was talking to "B" over the telephone. (3%) (2010 Bar Question) SUGGESTED ANSWER: The objection should be overruled. Since the exchange of heated words was not private. 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. The accused objects to the admission of the videotape recording on the ground that it was taken without his knowledge or consent. 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 . and recording of private communications. "A" has a telephone line with an extension. the order of the Chief of Police is not valid. because there is no law which authorizes him to order the Postmaster to open the letters addressed to and coming from Juan Samson. What the law prohibits is the overhearing. (C) public safety or order requires otherwise as prescribed by law. in violation of his right to privacy and the Anti- Wire Tapping law. Was the order of the Chief of Police valid? [5%] (1998 Bar Question) SUGGESTED ANSWER: No. Resolve the objection with reasons. 313 SCRA 153 [1999]). 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.

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

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

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

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

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

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

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

the Public Assembly Law of 1985. the police authorities should have asked the protesters to disperse and if they refused. Batas Pambansa 880. The security police of the Southern Luzon Expressway spotted a caravan of 20 vehicles. the Manila Police stopped them for posing a danger to public safety. BP 880). Bayan! held a protest rally and planned to march from Quezon City to Luneta in Manila. 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 able to march in Quezon City and up to the boundary separating it from the City of Manila. BP 880). They received a permit from the Mayor of Quezon City. They were stopped by the security police. No. its members hold a rally. sandwiched between the caravan vehicles. 488 SCRA 226. with paper banners taped on their sides and protesting graft and corruption in government.of police power? (2007 Bar Question) SUGGESTED ANSWER: Since the protesters merely reached three meters beyond the boundary of Quezon City. Assuming that despite the denial of SM’s application for a permit. regulates the conduct of all protest rallies in the Philippines. The rally should just be peacefully dispersed (Section 12. 2006. They were also stopped by the security force. 880. as there was no clear and present danger to public order. The protesters then proceeded to march instead. but not from the Mayor of Manila.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. [2006]). Some banners had been blown off by the wind. Salakay. and posed a hazard to other motorists. 169777 and 169838. SUGGESTED ANSWER: The police officers may disperse the rally peacefully.R. Was this a valid exercise. May the security police Page 180 of 445 Political and Public International Law . 13[a]). Are the arrests without judicial warrants lawful? 2. Three meters after crossing the boundary. the public assembly may be dispersed peacefully. the police authorities in Manila should not have stopped them. sec. They were driving at 50 kilometers per hour in a 40-90 kilometers per hour zone. regulation. G. Ermita. April 26. but no person can be arrested for merely participating in or attending the rally if it was peaceful (Section 13(a). prompting the police to arrest them. In accordance with the policy of maximum tolerance. (Bayan v.

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

According to the Senator. reporter.S. claiming the report was completely false and malicious. 697 (1931)). 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. the STAR said it would publish the correction promptly. 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. 741 Page 182 of 445 Political and Public International Law . Attacks on the government. Court of Appeals. The sharp incision of its probe relieves the abscesses of officialdom. “the interest of society and the maintenance of good government demand a full discussion of public affairs. (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. Bustos. on the other hand. 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. and the tax cut was only 20%. Minnesota. The Secretary of Transportation and Communications has warned radio station operators against selling blocked time. editor and publisher for libel. 37 Phil. 301 SCRA 1 [1999J). You are approached by an interested party affected adversely by that order of the Secretary of Transportation and Communications. Such a limitation is valid only in exceptional cases. He claimed one million pesos in damages. or for the purpose of enforcing the primary requirements of decency or the security of community life. Complete liberty to comment on the conduct of public men is a scalpel in the case of free speech." claiming privileged communication and absolute freedom of the press to report on public officials and matters of public concern. cannot justify prior restraints.” (United States v. Since it is a matter of public knowledge that there is no YY Street in Makati. What would you do regarding that ban on the sale of blocked time? Explain your answer. 283 U. The defendants denied “actual malice. on the claim that the time covered thereby are often used by those buying them to attack the present administration. For as has been pointed out. The defendants may be held liable for damages. there is no YY Street in Makati. the wound can be assuaged with the balm of a clear conscience. Men in public life may suffer under a hostile and an unjust accusation. the publication was made with reckless disregard of whether or not it is false. If there was any error. 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. (Near v.

United States. The usual presumption of validity that inheres in legislation is reversed in the case of laws imposing prior restraint on freedom of expression. The reports were correct and factual. 1987. without notice and hearing. v. is forceful and immediate. The parties adversely affected may also disregard the regulation as being on its face void. 403 U. (1918)).S.S. On October 6. 137 SCRA 647 (1985)) In FCC v. (Eastern Broadcasting Corp (DYRE) v.S. As has been held. the military closed Radio Station XX. 713 (1971)).” and the government “thus carries a heavy burden of showing justification for the imposition of such a restraint. United States. SUGGESTED ANSWER: (a) The closing down of Radio Station XX during the fighting is permissible. it is broadcasting which has received the most limited First Amendment Protection. (b) The cancellation of the franchise of the station on October 6. 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.S. as Justice Gutierrez said. With respect news media. New York Times v. “any system of prior restraints of expression comes to the court bearing a heavy presumption against its constitutional validity. Discuss the legality of: (1987 Bar Question) (a) The action taken against the station on August 28. after normalcy had returned and the Government had full control of the situation. United States. (Near v. 726 (1978). 47 (1919).” Page 183 of 445 Political and Public International Law . 697 (1931). In the morning of August 28. Minnesota. 283 U. Unlike readers of the printed work. 1987. analyze and reject the utterance. the National Telecommunications Commission.S.” (New York Times Co. 438 U. 1987.” The security of community life may be protected against incitements to acts of violence and the overthrow by force of orderly government. which was excitedly reporting the successes of the rebels and movements towards Manila and troops friendly to the rebels. but merely on the basis of the report of the military. cancelled the franchise of station XX. it was held that “of all forms of communication. a radio audience has lesser opportunity to cogitate. 1987. Pacifica Foundation. 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. 403 U. Dans. The impact of the vibrant speech. during the height of the fighting at Channel 4 and Camelot Hotel. quoting Justice Holme’s opinion in Schenck v. 249 U.

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

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

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

632 Scra 146. Thus. A Facial Challenge On The Ground Of Overbreadth Is Not Applicable To Challenge On The Ground Of Overbreadth Is Not Applicable To Penal Statutes. Surveys Galore’s petition is meritorious. What is the doctrine of "overbreath"? In what context can it be correctly applied? Not correctly applied? Explain (5%) b. Any publication pending a suit. In sum. the parties.) Note: The Word “Overbreath” Should Read “Overbreadth” Because Breath Has No Limit Especially If It Is Bad Breath. However. with reference to the suit.. It Applies Both To Free Speech Case And Penal Statutes. (Southern Hemisphere Engagement Network. etc. in the cae of Surveys Galore there is no pending case before the court. 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 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. Inc. reflecting upon the court. Page 187 of 445 Political and Public International Law . SUGGESTED ANSWER: (A) Freedom from prior restraint a. in a pending litigation. the counsel. the officers of the court. the subjudice rule does not apply. is contempt of court and is punishable. the court. A Facial Challenge On The Ground Of Overbreadth Can Only Be Made In Free Speech Cases Because Of Its Chilling Effect Upon Protected Speech. Because In General They Have An In Terrorem Effect. must be shielded from embarrassment or influence in its all-important duty of deciding the case. or tending to influence the decision of the controversy. Vs Anti Terrorism Council. However. 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. 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.

and the right against unreasonable searches and seizures. It Does Not Apply To Penal Statutes. the Supreme Court became duty-bound to settle the dispute (Tanada v.) In keeping with the modern age of instant and incessant information and transformation. freedom of the press. some of its provisions were also seen as impermissibly invading and impairing widely cherished liberties of the people particularly the freedom of expression. Since the petitions filed sought to nullify the Cybercrime Prevention Act. 632 Scra 146. 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. 272 SCRA 18 (1997). Anti. Vs. 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 . b. petitions were filed in the Supreme Court questioning said provisions by people who felt threatened. 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. including freedom of speech.Terrorism Council. (Southern Hemisphere Engagement Network. Gonzalesm 545 Scra 441 (2008). 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. Before the law could even be implemented. 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. Its Applies To Both Free Speech Cases And Penal Statues. for themselves as well as for the benefit of others who may be similarly affected but not minded enough to challenge the law. Inc. 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. Angara. Since it is alleged that the CYbercrime Prevention Act violates various provisions of the Bill of Rights. there is no actual case or controversy to speak of. Congress passed Cybercrime Prevention Act to regulate access to and use of the amenities of the cyberspace. A Facial Challenge On The Ground Of Vagueness Can Be Made Only In Free Speech Cases. However. A Statute Is Vague When It Lacks Comprehensible Standards That Men Of Common Intelligence That Guess Its Meaning And Differ As To Its Application. Because it violated several provisions of the Bill of Rights. While ostensibly the law is intended to protect the interests of society. and therefore. 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.

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

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

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

wrote a letter to the parents and guardians of all the school’s pupils. 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. Decide the case. The Division Superintendent of Schools of Cebu. Children who are members of a religious sect have been expelled from their respective public schools for refusing. freedom of speech. Page 192 of 445 Political and Public International Law . through a Catholic priest. and religious freedom and worship. on account of their religious beliefs. As held in _Ebralinaq v. informing them that the school was willing to provide religious instruction to its Catholic students during class hours. 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. a public school. Division Superintendent of Schools of Cebu. Section 3(3). 219 SCRA 256 [1993]. (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. Section 1 of the Constitution to protect and promote the right of all citizens to quality education and make such education accessible to all. The principal of Jaena High School. Article XTV of the Constitution provides that at the option expressed in writing by their parents or guardians. SUGGESTED ANSWER: The teachers and the students should be exempted from the flag ceremony. 251 SCRA 569. saluting the Philippine flag and reciting the patriotic pledge. to compel them to participate in the flag ceremony will violate their freedom of religion. 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. Their expulsion also violates the duty of the State under Article XIV. However. 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. The refusal of the teachers and the students to participate in the flag ceremony does not pose a clear and present danger. As held in Ebralinag vs. to compel students to take part in the flag ceremony when it is against their religious beliefs will violate their religious freedom.

Tawi-Tawi is a predominantly Moslem province. a public school in Bulacan. and.00 as a special discretionary fund of the Governor. The parents of evangelical Christian students. to be spent by him in leading a pilgrimage of his provincemates to Mecca. demanded that they too be entitled to have their children instructed in their own religious faith during class hours. 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. it violates art. The Governor. the Sangguniang Panlalawigan passed a resolution appropriating P100. The principal. the resolution constitutes a clear violation of the Non-establishment Clause (art. VI. 29(2) of the Constitution which prohibits the appropriation of public money or property. 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. sec. Saudi Arabia. 25(6). As counsel for the parents of the evangelical students. has filed suit to nullify the resolution of the Sangguniang Panlalawigan giving the special discretionary fund to the Governor for the stated purpose. Islam’s holiest city. a devout Catholic. 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 . The exercise of religious freedom includes the right to disseminate religious information (Iglesia ni Cristo v. and members of its Sangguniang Panlalawigan are all Moslems. III. sec. Philconsa. 259 SCRA 529 [1996]). however. on constitutional grounds.000. upon learning of the offer. benefit o support of any system of religion. (1988 Bar Question) SUGGESTED ANSWER: The resolution is unconstitutional First. Recently. Its budget provides the Governor with a certain amount as his discretionary funds. To instill religious awareness in the students of Doña Trinidad High School. sec. Court of Appeals. second. VI. for the use. the Vice-Governor. it contravenes art. The use of discretionary funds for purely religious purpose is thus unconstitutional. directly or indirectly. Above all. without discrimination or preference. how would you argue in support of their position? (3%) (2008 Bar Question) SUGGESTED ANSWER: As counsel for the parents of the evangelical students. How would you decide the case? Give your reasons. which limits the appropriation of discretionary funds only for public purposes. rejected the request. I shall argue that the rejection of their request violates the guarantee of the free exercise and enjoyment of religious profession and worship. 5) of the Constitution.

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

public morals. Court of Appeals. As the Movie and Television Review and Classification Board (MTRCB) found as offensive several episodes of the program which attacked other religions. it went into the realm of action. including the religious speech.e. serious detriment to the mere overriding interest of public health. Hence the tapes maybe required to be reviewed prior to airing. The program presents and propagates its religious. the Movie and Television Review and Classification Board cannot ban the tapes on the ground that they attacked 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 . 1986 will reveal that it is not among the grounds to justify an order prohibiting the broadcast of petitioner's television program. and compares their practices with those of other religions. (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. 259 SCRA 529. 544. Its public broadcast on TV of its religious program brings it out of the bosom of internal belief.. In the case of Iglesia ni Cristo vs. Court of Appeals. i. the Supreme Court held: "Even a side glance at Section 3 of PD No. In Iglesia ni Cristo vs. 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. Decide. 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. Court of Appeals. In Iglesia ni Cristo vs. Television is a medium that reaches even the eyes and ears of children. doctrines." Moreover. or public welfare. 259 SCRA 529. the Supreme Court held: "We thus reject petitioner's postulate that its religious program is per se beyond review by the respondent Board. When the religious organization started presenting its program over television. 259 SCRA 529." However. 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. the MTRCB required the organization to submit its tapes for review prior to airing. the broadcasts do not give rise to a clear and present danger of a substantive evil. A religious organization has a weekly television program. 547. 549: "Prior restraint on speech.

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

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

P-02-1651. Return to one's country Page 198 of 445 Political and Public International Law . Limitations 2. Gonzales 545 SCRA 441 (2008) ALTERNATIVE ANSWER: The action of the government is justified. 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. 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).No. Gonzales. Liberty of abode and freedom of movement 1. Escritor. Candida has been administratively charged of immorality for openly living with Manuel. 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 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. 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. August 4. Watch-list and hold departure orders 3. A. When governmental action that restricts freedom of the press is based on content. 492 SCRA 1) I. a married man.M. Right to travel a. 2003. which will justify its banning of the further distribution of the newspaper containing the article. 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.

The wife of Juan Casanova wrote a letter to the City Health Officer to have her formerly philandering husband confined in some isolated leprosarium. 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. Can the military commander force the residents to transfer their places of abode without a court order? Explain. the suit will not prosper. (1996 Bar Question) SUGGESTED ANSWER: No. Will the suit prosper? (15%) (1998 Bar Question) SUGGESTED ANSWER: No. Juan Casanova challenged the constitutionality of the law as violating his liberty of abode. Page 199 of 445 Political and Public International Law . the military commander cannot compel the residents to transfer their places of abode without a court order. a lawful order of the court is required before the liberty of abode and of changing the same can be impaired. Under Section 6." The liberty of abode is subject to the police power of the State. A law requires that lepers be isolated upon petition of the City Health Officer. 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. If there is no reasonable time to get a court order and the change of abode is merely temporary. 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. Director of Health. In Lorenzo us. the military commander can compel the residents to transfer their places of abode without a court order. Requiring the segregation of lepers is a valid exercise of police power. 598. 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. because of the exigency. SUGGESTED ANSWER: Yes. this exercise of police power may be justified Juan Casanova contracted Hansen's disease (leprosy) with open lesions. Section 6.

Further. he jumps bail and is about to leave the country when the Department of Foreign Affairs (DFA) cancels his passport. (1991 Bar Question) SUGGESTED ANSWER: The case should be dismissed. Mr. it must be with prior notice to the court". is arrested for the crime of smuggling. as may be provided by law. The liberty of changing adobe may be unpaired upon order to the court. Decide with reasons. The order of the court of appeals is lawful. a. Mr. to wit: “Neither shall the right to travel be impaired except in the interest of national security. 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. The Court of Appeals granted the motion and set a bail amount in the sum of Five (5) Million Pesos. Decide the case. What are the respective exception/s to each right if any? (5%) (2012 BAR EXAMS) SUGGESTED ANSWER: a. he is in fact liable to be arrested anytime. if he subsequently jumps bail. Violet challenges the conditions imposed by the Court of Appeals as violative of his liberty of abode and right to travel. If he is admitted to bail his freedom of movement is confined within the country. He is merely being required to inform the court of appeals if he does. On appeal. citing the new provision in the Bill of Rights of the 1987 Constitution. Mr. Any person under an order of arrest is under restraint and therefore he cannot claim the right to travel. he filed with the Court of Appeals a Motion to Fix Bail for Provisional Liberty Pending Appeal. a Filipino citizen. (5%) b. Esteban Krony. He posts bail for his release. because the purpose is to ensure that the accused will be available whenever his presence is required. Are "liberty of abode" and "the right to travel" absolute rights? Explain. He is not being prevented from changing his adobe. Subsequently. Violet was convicted by the RTC of Estafa. 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. he was ordered to surrender his passport to the Division Clerk of Court for safekeeping until the court orders its return. or public health. He sues the DFA. Indeed. public safety. the right to change adobe and the right to travel are not absolute. claiming violation of his freedom to travel. (YAP vs Court of Appeals. 358 scra 564). Therefore. he cannot demand passport which in effect will facilitate his escape from the country. Page 200 of 445 Political and Public International Law .

Tan. G. b. Government contract negotiations b. 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. may grant the request by reason of inter-departmental courtesy B. d. government research data used as a basis for policy development. ARTICLE III OF CONSTITUTION Page 201 of 445 Political and Public International Law . Publication of laws and regulations 3. may grant the request as the records of the Filipinas Air case are public records C. The High Court __________. should deny the request since records of cases that are pending for decision are privileged except only for pleadings. et al. Diplomatic negotiations At the Senate impeachment trial of Justice Pablo P. 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.) J. should grant the request because of the sui generis nature of the power of impeachment. (Santiago vs Vasquez. 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. SUGGESTED ANSWER: (D) SECTION 7. national security matters. Access to court records 4. 987654. The right to travel may be unpaired in the interest of national security. b. Inc.. orders and resolutions that are available to the public D. (1%) (BAR 2013) A. or public health as may be provided by law. (section 6. San Quintin. a case that is still pending. No.) In addition . (SAP!) v. Right to information 1.R. Hon. wrote the Supreme Court requesting that the prosecutors be allowed to examine the court records of Stewards Association of the Philippines. 217 scra 633. Right to information relative to: a. Filipinas Air. c. Emilio A. trade secrets and banking transactions. Limitations 2. should deny the request because it violates the Court's independence and the doctrine of separation of powers E. Congressman and Impeachment Panel Manager. public safety. criminal matters or classified law enforcement matters. article III of the Constitution.

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

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. (such as health and safety. Cheng proposes an amendment to SBMA law declaring it as a strike- free zone or total ban on strikes. independent sectoral organizations. Thus. including the right to strike in accordance with law. His proposal to ban strikes totally in the Subic Special Economic and Freeport Zone is. membership. Cheng is worried that foreign capital might be slow in coming in due to unstable working conditions resulting from too many strikes. and structure are: a. some congressional leaders and business executives propose that strike-free export zones be established.. 3 of the Constitution guarantees the right of all workers to engage in peaceful concerted activities.” (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. e. 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. It is illegal strikes which can be prohibited but not all strikes. Do you believe that under the present Constitution. To remedy this situation. (1993 Bar Question) SUGGESTED ANSWER: Art. For strike is labor’s legitimate weapon. Is this proposal legally defensible? Explain briefly. including the right to strike in accordance with law. To remedy the situation and inject vitality to the export expansion program. Congressman Cheng says he is one of the co-authors of the Subic Bay Metropolitan Authority Charter. c. The Constitution guarantees the rights of workers to engage in “peaceful concerted activities. sec. sec. the prohibition of strike in hospitals and industries indispensable to the national interest) it cannot be prohibited. XIII.g. independent people’s organizations. However. independent indigenous organizations. d. XIII. K. a law cannot totally prohibit the right to strike but can only regulate the exercise thereof. Page 203 of 445 Political and Public International Law . independent party-list organizations. Right of association Bona fide associations of citizens which demonstrate capacity of promote the public interest and with identifiable leadership. therefore unconstitutional. He declares that the SBMA is the answer to rapid economic growth and the attainment of the President's Philippine 2000" dream. In the absence of a compelling interest of the state. b. 3).

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

entering upon public property for a momentary period. under color of legal authority. employees can wear black arm bands and pins with the word "UNFAIR" inscribed E. Offended by the President's remarks that the Bureau of Customs is a pit of misfits and the corrupt. b. Mr. Concept 2. Mr. employees can march and rally at Mendiola every Monday C. Rivera appealed. Expansive concept of “public use” 3. the compensation to be paid shall not exceed the value declared by the owner or determined by the Assessor. None of the above can legally be done. He maintains that the lower court erred in relying on Presidential Decree No. Rivera had previously fixed the market value of the same at P100. 1533. which he claims is Page 205 of 445 Political and Public International Law . Determination b. whichever value is lower. (BAR 2013) A prudent legal advice is that __________. as substantially to cust the owner of all beneficial ownership. devoting it to public use.OO a square meter pursuant to Presidential Decree No. c. Eminent domain 1. L. Just compensation a. 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. Abandonment of intended use and right of repurchase 5. 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.00 per square meter. (1%) A. Effect of delay 4. prior to the recommendation or decision of the appropriate government office to acquire the property.00 per square meter. d. at the time of its taking by the government. The same parcels of land had been valued by the Assessor at P120. providing that in determining just compensation for private property acquired through eminent domain proceedings. employees can go on mass leave of absence for one week B. Rivera at the rate of P1QO. Miscellaneous application Which one of the following circumstances is NOT an element of taking under eminent domain: a. while Mr.000 workers seeks your legal advice on how best to protest what it views to be the President's baseless remarks. 1533. insisting that just compensation for his property should be determined by Commissioners who could evaluate all evidence on the real value of the property. pursuant to the Real Property Tax Code. The Regional Trial Court decided for expropriation and ordered the payment to Mr. the Bureau of Customs Employees Association composed of 3.

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

Panis. The purpose of the expropriation is to use the land as a relocation site for 200 families squatting along the Pasig river. even if the government may be sued. 228 SCRA 668. before converting the use of the land from agricultural to housing? Explain. B. No. Section 7 of Act No. funds of the government on deposit in the bank cannot be garnished for two reasons: (i) Under Art. (1996 Bar Question) SUGGESTED ANSWER: A. (Commissioner of Public Highways vs. II. Article III of the 1987 Constitution that private property shall not be taken for public use without just. In connection with the preceding question. 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. 29(1) public funds cannot be spent except in pursuance of an appropriation made by law. 31 SCRA 616 (1970)).000 squatter families in Pasig City will benefit from the expropriation. can the property owner garnish public funds to satisfy his claim for payment? (1989 Bar Question) Explain your answers. San Diego. A. Sec. the right guaranteed in Section 9. compensation will be rendered nugatory. Page 207 of 445 Political and Public International Law . Otherwise. the owner cannot garnish public funds to satisfy his claim for payment. B. 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. Palacio. it cannot invoke its immunity from the suit. 23 SCRA 899.000 squatter families in Pasig City will benefit from the expropriation? Explain. As held in Republic vs. No. it does not follow that its properties may be seized under execution. the government cannot invoke the doctrine of state of immunity from suit. Can the owner of the property oppose the expropriation on the ground that only 200 out of the more than 10. and (ii) essential public services will be impaired if funds of the government were subject to execution. SUGGESTED ANSWER: A. 40 SCRA 464. No. Court of First Instance of Cebu. SUGGESTED ANSWER: No. Can the Department of Agrarian Reform require the City of Pasig to first secure authority from said Department. B. the owner of the property cannot oppose the expropriation on the ground that only 200 out of more than 10. when the government expropriates property for public use without paying just compensation. 3083 prohibits execution upon any judgment against the government. As held in Ministerio vs. As held in Philippine Columbian Association vs.

222 SCRA 173. in accordance with Article 2209 of the CMl Code. 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. Devi filed a money claim with the Commission on Audit which was denied. No. the national government used a portion thereof for the widening of the national highway. 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. Central Bank Circular No. Without prior expropriation or negotiated sale. What legal interest should be used in the computation of interest on just compensation? (1993 Bar Question) B. The RTC dismissed the complaint. 208 SCRA 542. the legal interest should be six per cent (6%) a year. As held in National Power Corporation vs. 416. Angas. which amended the Usury Law. The defendant moved for dismissal of the complaint contending that the government cannot be sued without its consent. 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. On appeal. As held in National Power Corporation vs. 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. how would you decide the case? (1993 Bar Question) Page 208 of 445 Political and Public International Law . B. Court of Appeals. 116. since its issuance is based on Presidential Decree No. Devi is the owner of a piece of land. According to Province of Camarines Sur vs. No. 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. the Judge cannot validly withhold the issuance of the writ of possession until full payment of the final value of the expropriated property. B. 206 SCRA 520. Left with no other recourse. 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. In expropriation proceedings: A. Jocson. 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.

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

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

plants or other facilities shall have been established and that after said period. substations. a government entity involved in power generation distribution. transmission lines. 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. transmission lines. 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. 462 SCRA 265 [2005]). c. he instituted a case for payment of just compensation. Farmerjoe. 208 The National Power and Grid Corporation (NPGC). substations. between one who desires to purchase and one who desires to sell. Mactan-Cebu International Airport Authority. between one who desires to purchase on terms and one who desires to sell after a period of time. 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. but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot. In defense. (Republic v. ESTRADA. Computer Corporation can recover the property. SUGGESTED ANSWER: (C) CITY OF MANILA VS. When the NPGC ignored him. Lim. how would you protect and vindicate the rights of your client? (4%) 2014 BAR EXAMS Page 211 of 445 Political and Public International Law . not knowing any better. Suppose the expropriation succeeds. To be just. no suit shall be brought to question the said rights of way. d. b. it should be returned to Filipinas Computer Corporation upon abandonment of the purpose (Heirs of Timoteo Moreno v. 413 SCRA 502 [2003]). the compensation must be paid within a reasonable time. NPGC did so without instituting any expropriation proceedings. plants or other facilities. between one who desires to purchase and one does not desire to sell. 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. That was then the only time that Farmerjoe earnestly demanded payment. 25 PHIL.” If you were the lawyer of Farmerjoe. had its transmission lines traverse some fields belonging to Farmerjoe.

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

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

since no case was instituted against him. 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. They were convicted based on their confession. Samus. 399 SCRA 624). In due time. He said no. one of the policemen asked Edward if he was the shooter. the person suspected to have committed a crime is not yet an accused. The lawyer assisting them must be independent. but then the policeman who asked him told him that several witnesses pointed to him as the shooter. He objected claiming that they were inadmissible since he was not given his Miranda rights. 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. They asked him if he had a gun to which question he answered yes. 389 SCRA 93). Page 214 of 445 Political and Public International Law . a security guard. The statements made are inadmissible. 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. Custodial investigation refers to any questioning initiated by law enforcement officers after a person has been taken into custody. During his trial. It relied mainly on the extra judicial confession of the accused. as the possible malefactor. However. 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. It was made in violation of the constitutional rights of Edwards. how would you rule on the issue? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: I would rule in favour of Edward. during this stage. As City Attorney. Edward was then having refreshment in one of the eateries when the police approached him. On the other hand. 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. Sunga. The police got a report about a shooting incident during a town fiesta. 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. no complaint or criminal case has been filed yet. the statements he made to the police were introduced as evidence against him. they were pointed to Edward Gunman. If you were the judge. Whereupon Edward broke down and started explaining that it was a matter of selfdefense. The police immediately went to the scene and started asking the people about what they witnessed. As such. Edward was eventually charged with murder. City Attorney Juan Buan is not independent. One person was killed.

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

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

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

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

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

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

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

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

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

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

Danny was placed in a police line-up where he was identified as the one who shot the victim. 14 (2) rather than Sec. a private person. 12 (1)). Ill.S. Article IV of the Constitution. [People v. He was convicted. 218 (1967) and Gilbert v. SUGGESTED ANSWER: Yes. brought to the NBI Office where he admitted ownership of the attache case and the packages. it is inadmissible in evidence. 338 U. After the line-up. Wade. 338 U. 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. 263 (1967). Danny made a confession to a newspaper reporter who interviewed him.S. Hatton. in United States v. in accordance with Section 12(3). (1993 Bar Question) Decide. if it was signed without the assistance of counsel. Larry was subsequently found. because it is not part of custodial investigation. He was made to sign a receipt for the packages. it was held that on the basis of the Sixth. On appeal. 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. In accordance with the ruling in People vs. Duhan. Sec. Larry was charged in court for possession of prohibited drugs. by an eyewitness during the line-up cannot be excluded in evidence. the accused is not entitled to be assisted by counsel during a police line-up. the identification of Danny. Hence. such receipt is in effect an extrajudicial confession of the commission of an offense. According to the ruling in People vs. 209 SCRA 179. California. 142 SCRA 100 (1986)]. 210 SCRA 1. An information for parricide was filed against Danny. After the NBI found an eyewitness to the commission of the crime. 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 . rather than the Fifth Amendment (equivalent to Art. Mirantes. he now poses the following issues: Neither is the receipt he signed admissible. his rights under custodial investigation not having been observed. out to be marijuana flowering tops. SUGGESTED ANSWER: The receipt is not admissible in evidence.

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

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

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

d. b. and his failure to appear is unjustifiable. On appeal. was found guilty and sentenced. right to production of evidence. notwithstanding the absence of the accused provided that he has been duly notified. right to counsel. be bailable by sufficient sureties. offenses punishable by death when evidence of guilt is weak. before conviction. except those charged with: (2012 BAR EXAMS) a. b. offenses punishable by reclusion perpetua when evidence of guilt is strong. d. offenses punishable by life imprisonment when evidence of guilt is strong. Criminal trial may proceed. right to be presumed innocent. the Supreme Court reversed. d. right to cross-examination. pleaded guilty. identify the witness. On the day set for the trial. c. offenses punishable by death when evidence of guilt is strong. b. cross-examine the witness. All persons charged shall. The accused was deprived of his: (2012 BAR EXAMS) a. after: (2012 BAR EXAMS) Page 229 of 445 Political and Public International Law . be informed of the witness." Accused was then arraigned. be heard. SUGGESTED ANSWER: (D) SECTION 13. c. c. ARTICLE III OF CONSTITUTION Accused was charged with slight illegal detention. 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. 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. SUGGESTED ANSWER: (C) PEOPLE VS HOLGADO.

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

the owner and developer of Sagittarius Estates where a series of robberies has recently taken place. 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. and kalikasan Conrad is widely known in the neighborhood as a drug addict. Conrad informed his mother. Moreover. Conrad appeared to have relented. According to Section 18. ARTICLE VII OF CONSTITUTION R. Writs of amparo. Article VII of the Constitution. clear and present danger of invasion or rebellion when the public safety requires it. The privilege of the writ of habeas corpus shall not be suspended except in cases of: (2012 BAR EXAMS) a. he should be released. d. imminent danger of invasion or rebellion when the public safety requires it. B. 2013. the right to ball shall not be impaired even when the privilege of the writ of habeas corpus is suspended. SUGGESTED ANSWER: A. SUGGESTED ANSWER: (D) SECTION 18. however. the privilege of the writ of habeas corpus may be suspended when there is an invasion or rebellion and public safety requires it. Any person arrested or detained should be judicially charged within three days. 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. grave danger of invasion or rebellion when the public safety requires it. invasion or rebellion when the public safety requires it. Page 231 of 445 Political and Public International Law . Otherwise. that uniformed security guards had invited him for a talk in their office but he refused to come. Article III of the Constitution. b. 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. Under Section 18. Nobody saw him leave the office afterwards. Vannie. under Section 13. he was seen walking into the security office flanked by two security guards. habeas data. c. Article VII of the Constitution. Later that day. On March 1.

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

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

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

it was held for this reason that requiring a driver to take a blood-alcohol test is valid. 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. Montryn. 1. Neville. the plaintiff called the defendant a hostile witness and announced that the defendant would be asked incriminating questions in the direct examination. 459 U. and that the proposed law will violate the right against unreasonable searches and seizures. 553. it should provide for an immediate hearing upon suspension of the driver’s license. otherwise it is deemed waived. Furthermore. declaring that the issuance of a driver's license gives rise only to a privilege to drive motor vehicles on public roads. Congress is considering a law against drunken driving. police authorities may ask any driver to take a “breathalyzer test”. In a civil case. to save the proposed law from unconstitutionality on the ground of denial of due process. in any legal proceeding against him. When should the defendant invoke the privilege against self- incrimination? (1990) Page 235 of 445 Political and Public International Law . Resolve the objections and explain whether any such infirmities can be cured. 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. The proposed law violates the right against unreasonable searches and seizures.' He is merely being asked to submit to a physical test.S. 1. but there must be a provision for a post-suspension hearing. 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. Under the legislation.S. 443 U. Thus. (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. As held in Mackey vs. The results of the test can be used. because of compelling government interest in safety along the streets. Requiring a driver to take a breathalyzer test does not violate his right against self- incrimination. that providing for the suspension of his driver’s license without any hearing violates due process. in South Dakota us. Thus. wherein the driver exhales several times into a device which can determine whether he has been driving under the influence of alcohol. the license of a driver who refuses to take the breathalyzer test may be suspended immediately pending a post-suspension hearing. This is not covered by the constitutional guarantee against self-incrimination. Cite two (2) possible constitutional objections to this law.

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

but his testimony or any evidence produced by him shall not be used against him in criminal prosecution based on the transaction. on the other hand. As stated by the United States Supreme Court in Brown vs. that Ong. Provided. Suppose. Can he assert that his dismissal is based on coerced confession? |3%] (1998 Bar Question) SUGGESTED ANSWER: 1. however. 161 U. 24 SCRA 663. On the other hand. Ong cannot refuse to answer the question on the ground that he would incriminate himself. if Ong is being cited merely as a witness. 597. after invoking his privilege against self-incrimination. Ong may refuse to answer any question because of his right against self- incrimination. is required to answer questions in an investigation regarding a LEAKAGE in a medical examination. a member of the Professional Regulatory Board. Any employee who refuses to testify or produce any documents under this Act shall be dismissed from the service. subject him to a penalty or forfeiture. Walker." Suppose further. No. Can Ong refuse to answer questions on the ground that he would incriminate himself? [4%] (1998 Bar Question) 2. if the question tends to violate his right against self -incrimination. is dismissed from the service. since the law grants him immunity and prohibits the use against him in a criminal prosecution of the testimony or evidence produced by him. 68 SCRA 99. Jarencio. he may not refuse to answer. Court of Appeals.S. if he is a respondent. 591. The rule is satisfied when he is granted immunity. he may object to it. to testify or produce evidence. However. 1. In accordance with Evangelista vs. matter or thing concerning which is compelled. 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. he is found guilty and is dismissed. 107-108. he answers the question and on the basis of his answers. and for that reason. under the ruling in Chavez vs. Page 237 of 445 Political and Public International Law . what the constitutional prohibition against self-incrimination seeks to prevent is the conviction of the witness on the basis of testimony elicited from him. ALTERNATIVE ANSWER: 1. 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 he refuses to answer. 680.

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

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

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

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

As held in Lee vs. 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. Dismissal with consent of accused Butchoy installed a jumper cable. Prosecutor posts no objections. Yes. Pot is accused before the RTC of qualified theft. Pot is accused before the RTC of qualified theft. Double jeopardy 1. SUGGESTED ANSWER: (D) Zapatos Vs People. Granted. 175 SCRA 100. the prosecutor moves for dismissal over Page 242 of 445 Political and Public International Law . (See also People vs. The second kind of double jeopardy under Section 21. Rodil. Penalizing such an act is a valid exercise of police power. The City of Mandaluyong thereafter filed a case against him for theft under the Revised Penal Code (RCP). The case was dismissed. 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. Dismissal granted. Pot is accused before the RTC of qualified theft. he moves for dismissal for denial of the right to a speedy trial. against imprisonment for non-payment of a debt. Pot is accused before the RTC of qualified theft. c. After innumerable postponements against Pot’s wishes. No. Yes. b. Prosecutor objected. He is prosecuted for the same offense which has already been dismissed by the City of Makati. After innumerable postponements against Pot’s wishes. W. This is double jeopardy of the second kind – prosecution for the same act under an ordinance and a law. b. The first jeopardy was terminated with his express consent. the criminal liability arises from the violation of the trust receipt. Motions for reconsideration and appeals 3. d. After innumerable postponements against Pot’s wishes. d. which is separate and distinct from the loan secured by it. Article III only contemplates conviction or acquittal which could terminate a first jeopardy. 207 SCRA 730). Dismissal granted. Nitafan. c. Is there double jeopardy? (2012 BAR EXAMS) a. He was prosecuted under a Makati ordinance penalizing such act. No. Requisites 2. the prosecutor moves for dismissal with the consent of Pot. he moves for dismissal for denial of the right to a speedy trial.

contending that the prosecution for abandonment under Art. He appealed to the RTC. It was only a year later that he was arraigned in the reckless imprudence charge before the RTC. Court of Appeals. the objections of Pot. The former is committed by means of culpa. Joe was arraigned. RPC. 2000. Granted. Failure to help one’s victim is not an offense by itself nor an element of reckless imprudence. Decide. Joe sped on without giving assistance to Nelson. tried and convicted for abandonment of one’s victim in the MTC. Joe filed a petition for review before the Court of Appeals. As held in Lamera v. 275 of the Revised Penal Code is a bar to the prosecution for negligence under Article 365 of the same Code. the private complainant Francisco. and (2) abandonment of one's victim under par. It merely increases the penalty by one degree. there is no double jeopardy. The Fiscal filed two informations against Joe.for failure to prosecute. Pre-trial was dispensed with and continuous trial was set for March 7. 365. Pablo was arraigned on January 3. to wit: (1) reckless imprudence resulting in damage to property with physical injuries under Art. Subsequently. because these two offenses are not identical. 8 and 9. SUGGESTED ANSWER: (B) SECTION 8. invoking his right to double jeopardy. He pleaded not guilty. On the first setting. while the latter is committed by means of dolo.2000. while abandonment of one’s victim is a crime falling under the chapter on crimes against security. (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. before the MTC. Charged by Francisco with libel. 275. 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 . 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. A. Reckless imprudence is a crime falling under the chapter on criminal negligence. before the RTC. the RTC affirmed the decision of the MTC relative to the abandonment of one’s victim charge. 2 Art. 198 SCRA 186. suddenly had to go abroad to fulfill a professional commitment. The judge instead dismissed the case .

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

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

The dismissal of the first case is arbitrary and denied the prosecution due process of law. 1986.” Years later. (D) based on the objection of the accused to the prosecution's motion to postpone trial. How would you resolve Gerald’s contentions? Explain. Geralde presented a Motion to Quash on the ground of double jeopardy. Furthermore. (4%) (1999 Bar Question) SUGGESTED ANSWER: A. 85 Phil. 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. After trial. he averted that the complaint for Qualified Seduction is barred by waiver and estoppel on the part of the complainant. she having opted to consider the case as consented abduction. As held in People vs. (B) made upon motion of the accused without objection from the prosecution. According to Melo v. Finally.. Declaro. the Court of Appeals reversed the judgment of the Trial Court. 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. ratiocinating and ruling as follows: “This is not to say that the appellant did nothing wrong. A. 170 SCRA 142. he cannot again be charged with the same or identical offense..she was seduced by the appellant with promises (of marriage) just to accomplish his lewd designs. 766. The trial was set five days after the arraignment. He asserted that the offenses with which he was charged arose from the same set of facts. People. Virginia brought another complaint for Qualified Seduction. Page 246 of 445 Political and Public International Law . 17 year old Virginia Sagrado brought a complaint against Martin Geralde for consented abduction. trial ensued. Discuss the right of every accused against double jeopardy? (2%)(1999 Bar Question) B. On October 21. 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. a judgment of conviction was rendered against Geralde. When the case was appealed to it. There was no sufficient time to subpoena the witnesses and this was the first time the witnesses failed to appear. 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. With the accused pleading not guilty upon ar-raignment. What are the requisites of double jeopardy? (2%) (1999 Bar Question) C. (C) made provisionally without objection from the accused. 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. does not give rise to double jeopardy.

Due to numerous postponements of the scheduled hearings at the instance of the prosecution. 2. 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. after arraignment. Accused Eming moved for dismissal of the case on the ground of double jeopardy. the criminal case was pending trial for a period of seven years. and 5. after solicitation or cajolery from the offender. 3. confidence or relationship and the offender had sexual intercourse with the woman. and (3) the second is for the same offense. Eventually. and a criminal case for homicide. A first jeopardy attaches: 1. upon a valid complaint or information. for a claim of double jeopardy to prosper the following requisites must concur: (1) a first jeopardy has attached. 179 SCRA 54 (1989). to be valid the pardon of the offender by the offended party must be expressly given. submitting the reason that it was not able to present the said witnesses earlier because the latter went into hiding out of fear. 4. On the other hand. involving the same incident was filed anew against Eming. Court of Appeals. qualified seduction requires that the crime be committed by abuse of authority. and the taking away of the offended party must be with lewd designs. Court of Appeals. 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 Caes vs. As held in Cuison v. Intermediate Appellate Court . particularly based on the ground of unavailability of prosecution witnesses who could not be found or located. He was arraigned. 168 SCRA 236. According to Perez v. Consented abduction requires that the taking away of the offended party must be with her consent. before a competent court. Resolve the motion. the court dismissed the case. B. the prosecution witnesses surfaced. Upon motion of accused Eming who invoked his right to speedy trial. The prosecution objected. 289 SCRA 159. a valid entry of plea. according to Article 344 of the Revised Penal Code. (5%) (2001 Bar Question) SUGGESTED ANSWER: The motion should be granted. (2) the first jeopardy was validly terminated. The delay in filing the second case does not constitute pardon. For the death of Joey. Geralde cannot invoke double jeopardy.

R. there is double jeopardy. JC. If an act is punished by a law and an ordinance. it was held that when there is identity in the act punished by a law and an ordinance. In People v. the same act is involved in the two cases. The public prosecutor filed two separate informations against Cascasero. his guilt and bars his subsequent prosecution for the same offense. Page 248 of 445 Political and Public International Law . (5%) (2002 Bar Question) SUGGESTED ANSWER: Yes. Section 21 of the Constitution. he filed a motion to quash the information invoking his right against double jeopardy. 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. Reiova. April 30. With regard to the second case (i. In this case. if an act is punished by a law and an ordinance. upon being arraigned. conviction or acquittal under either shall bar prosecution under the other. conviction or acquittal under either shall constitute a bar to another prosecution for the same act. He contended that. violation of the city ordinance). a major in the Armed Forces of the Philippines.1959. Cascasero was arraigned. and the second for violation of an ordinance of Makati City prohibiting and penalizing driving under the influence of liquor.. conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Under the second sentence of Article III. sideswiped a pedestrian along EDSA in Makati City. tried and convicted for reckless imprudence resulting in physical injuries under the Revised Penal Code. resulting in physical injuries to the latter. III. A Tamaraw FX driven by Asiong Cascasero. 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. 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. who was drunk. Was there double jeopardy? Explain your answer. 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. Lutero. Section 21 of the Constitution. In Yap v. while the ordinance of Makati City penalizes driving under the influence of liquor. The reckless imprudence which resulted in physical injuries arose from the same act of driving under the influence of liquor. No. 148 SCRA 292 (1987).e. the first for reckless imprudence resulting in physical injuries under the Revised Penal Code. The Revised Penal Code penalizes reckless imprudence resulting in physical injuries. under Art. G. L-12669.

which mitigates a crime or makes it lesser than when it was committed. 48 SCRA 382 Because of the marked increase in the incidence of labor strikes and of work stoppages in industrial establishments. b. passed. Assume that upon being arraigned. c. 545 SCRA 384 A bill of attainder is: (2012 BAR EXAMS) a. EUGENIO. Balicasan. 17 SCRA 1119 [1966]). a legislative act which pardons punishment after tender. a legislative act which inflicts punishment without trial. Subsequently. d. Congress intending to help promote industrial peace. FERREWR. SUGGESTED ANSWER: (c) PEOPLE VS. over the objections of militant labor unions. The trial court should have required him to plead again and enter a plea of not guilty. JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. there was no standing plea when the court rendered its decision of acquittal (People v. which aggravates a crime or makes it lesser than when it was committed. an amendment to the Labor Code. which aggravates a crime or makes it greater than when it was committed. 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. which aggravates a crime or makes it non-criminal after it was committed. SUGGESTED ANSWER: (C) REPUBLIC VS. When he proved complete self-defense. Since this was not done. c. his testimony vacated his plea of guilty. d. the trial court rendered a decision acquitting JC. 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 . Ex post facto laws and bills of attainder An ex post facto law has been defined as one: (2012 BAR EXAMS) a. X. an executive act which inflicts punishment without tender. a judicial act which inflicts punishment without tender. b. 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.

to challenge it in court. (Barrioquinto v. Congress passed a law relating to officials and employees who had served in the Government for the period from September 21. For these reasons. bureau. within 60 days of the election of its officers. Fernandez. 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. from being officers of a labor union would (1) nullify the amnesty granted by the President with the concurrence. The amnesty granted to the former NPAs obliterated their offense and relieved them of the punishment imposed by law. Are the two provisions valid? Why? (1987 Bar Question) Page 250 of 445 Political and Public International Law . affidavits of the latter that they are not members of the Communist Party. The amendment would make them guilty of an act. the requirement constitutes a valid exercise of the State’s police power to protect the public against abuse. Secretary of Labor. 1986. comes to you asking what could be done against the amendment. B. (1988 Bar Question) SUGGESTED ANSWER: In PAFLU v. in the country. On the other hand. But the disqualification of members of the CPP and its military arm. and are presently leading quiet and peaceful lives. A. fraud and impostors. 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. that of having been former members of the NPA. 82 Phil. office or agency “Unfit” for continued service in the government and declared their respective positions vacant. against the claim that the requirement unduly curtailed freedom of assembly and association. 642 (1949)). What would you advise the association to do? Explain. if it is not vetoed but becomes a law. it may be assumed. 27 SCRA 40 (1969) the Supreme Court upheld the validity of sec. the NPA. An association of former NPAs (New People’s Army) who had surrendered. I would advise the association to work for the veto of the bill and. 23 of the Industrial Peace Act requiring labor unions to submit. 1972 up to February 25. availed of amnesty. 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. One provision of the law declared all officials from the rank of assistant head of a department.

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

Filipino citizenship was defined. unless by their act or omission. which stated that: Page 252 of 445 Political and Public International Law . classified and regulated by Article IV. seek elective position since she never renounced her foreign citizenship pursuant to the Citizenship Retention and Reacquisition Act (R. It implies an act of renunciation of a former nationality and the fact of entrance into a similar relation towards a new body politic. service in the military etc. In the case of she became a naturalized Australian citizen owing to her marriage TEODORA SOBEJANA- CONDON. enlisting in the military services of another state. R. 9225). Naturalization to another country.. Discuss the evolution of the principle of jus sanguinis as basis of Filipino citizenship under the 1935. what is prohibited is dual allegiance. RA 9225 xxx Any provision of law to the contrary notwithstanding.The case never mentioned any naturalization process. 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. Hence. 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. No. In the case of Rosebud it was by virtue of the laws of Frozen.A. 9225. applies to those who lost their citizenship by some voluntary act of renunciation. (3%)2015 BAR EXAMS SUGGESTED ANSWER: In the 1935 Constitution. any person who marries its citizens would automatically be deemed its own citizen. Rosebud never renounced her Filipino citizenship.g.A. to have renounced it. because Rosebud never lost her status as a natural-born citizen by reason of marriage to a foreigner. In addition to her status as a natural born citizen. and 1987 Constitutions. 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. under the law. ex. she became a NATURALIZED CITIZEN owing to her marriage. 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. 3. In relation to election protest. means there must be some form of voluntary act of renunciation. the word Naturalized. Citizens of the Philippines who marry aliens shall retain their citizenship. 1973. She acquired it by operation of the law of Frozen Country. Sec. Is Rosebud disqualified to run by reason of citizenship? (4%) 2014 BAR EXAMS SUGGESTED ANSWER: No.

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. Section 2 enumerates the following as citizens of the Philippines: Page 253 of 445 Political and Public International Law . Section 1(4) contemplated a situation where only the mother was a Filipino citizen. Prior to his reaching such an age. The party elected must likewise accompany the aforementioned statement with the oath of allegiance to the Constitution and the Government of the Philippines. he at most has an inchoate right to Filipino citizenship. 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. For illegitimate children however. the principle of jus sanguinis was not applicable prior to the 1935 Constitution. 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. 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. As can be seen from the previous citizenship laws. The provision is also applicable to mothers who were Filipinos before acquiring the nationality of their foreign spouses. The right to elect is governed by Commonwealth Act No. Section 2. and gave the child an opportunity to elect Filipino citizenship only when he reached the age of majority. By recognizing the principle of jus sanguinis. since the citizenship of the father would not then be material. Philippine citizenship may be lost or reacquired in the manner provided by law. elect Philippine citizenship (5) Those who are naturalized in accordance with law. this provision would not have been applicable. 1973 Constitution Article III. Section 1. 652. since an illegitimate child as a rule follows the nationality of the mother. the prevailing doctrine had been jus soli. which states the requirements and procedure for election. and upon reaching the age of majority. 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. before the adoption of the Constitution. Where the party concerned resides abroad. Before Section 1. 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.

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

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

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

Under Section 6. 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. 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. except for the last one. c. Article VI of the 1987 Constitution. After a whirlwind courtship. which Lily Teh need not possess. who spoke only Chinese. 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. (1989 Bar Question) SUGGESTED ANSWER: Yes. Lily and Peter were married at the San Agustin Church. who never resided in the Philippines except during her one-week visit as tourist from Taipeh during the Chinese New Year. SECTION 1. swore that she was renouncing her Chinese allegiance and while she knew no Filipino customs and traditions as yet. one must be a Page 257 of 445 Political and Public International Law . 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. d. A child was born to a Japanese father and a Filipina mother. however. She met Peter Go. provided she possesses none of the disqualifications laid down in Section 4 of the Revised Naturalization Law. A week after the wedding. none of the above. 41 SCRA 292. who is a Philippine citizen. are qualifications. she evinced a sincere desire to learn and embrace them. and who had radical ideas liked advocating unification of Taiwan with mainland China. Lily Teh. ARTICLE IV OF CONSTITUTION Lily Teh arrived in Manila on one of her regular tours to the Philippines from Taipeh. Commissioner of Immigration. a naturalized Filipino citizen. Would Lily Teh succeed in becoming a Filipino citizen through her marriage to Peter Go? Explain. All of the grounds invoked by the former girlfriend of Peter Go for opposing the petition of Lily Teh. 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. jus sanguinis and provides for naturalization. to qualify to be a member of the House of Representatives. Lily Teh ipso facto became a Philippine citizen upon her marriage to Peter Go. According to to the ruling in Moy Ya Lim Yao vs. SUGGESTED ANSWER: A.

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

a Chinese national. a. was granted Philippine citizenship in a decision rendered by the Court of First Instance of Pampanga on January 10. Said decision of the Tax Court was affirmed by the Supreme Court in 1969. No. He took his oath of office on June 5. 1959. criminal and administrative liabilities of Enzo. Li Yao. the tax amnesty merely removed all the civil. The Special Committee on Naturalization is headed by (2011 BAR) (A) the Secretary of Justice. Enzo had acquired substantial real property in the Philippines. Page 259 of 445 Political and Public International Law . 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. Dual citizenship and dual allegiance Dual allegiance by citizen is: (2012 BAR EXAMS) a. b. the death of Enzo does not render the petition for the cancellation of his certificate of naturalization moot. inimical to the national interest and is therefore prescribed by law. 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. (B) the Secretary of Foreign Affairs. the outcome of the case will affect his wife and children. c. 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. No. 1956. 224 SCRA 748. As held in Republic vs. 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. the action has not prescribed. In accordance with the ruling in Republic vs. 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. (C) the National Security Adviser. Has the action for cancellation of Enzo’s citizenship prescribed? (1994 Bar Question) b. D. 224 SCRA 748. Li Yao. On the assumption that he left a family. Li Yao. 214 SCRA 748. It did not obliterate his lack of good moral character and irreproachable conduct. inimical to the national interest and is therefore proscribed by law. As held in Republic vs. (D) the Solicitor General. b. In 1970. Enzo. Between 1960 and 1970.

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

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

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

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

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

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

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

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

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

(5%) (2002 Bar Question) Page 269 of 445 Political and Public International Law . martial law was declared in the Philippines on September 21. 1973." A was born in the Philippines of Filipino parents. 404. The case is justiciable. 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 remained a citizen of the Philippines after the effectivity of the 1987 Constitution. Under Section (1). The following issues are raised: A. When. He was born of a Filipino mother on January 20. 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. is not a natural born citizen of the Philippines and therefore is disqualified to be a member of the House. This was after the affectivity of the 1973 Constitution on January 17. [5%] (1998 Bar Question) B. Whether the case is justiciable considering that Article VI. those whose fathers or mothers are citizens of the Philippines are citizens of the Philippines. 168 SCRA 391. 1973. Andres Ang should be considered a natural born citizen of the Philippines. Section 1. 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. 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. how should the case against him be decided? Explain your answer. Bonto filed a petition for certiorari in the Supreme Court. he went to the United States and was naturalized as an American citizen. I5%] (1998 Bar Question) How should this case be decided? SUGGESTED ANSWER: A. After the EDSA Revolution. Article m of the 1973 Constitution. The HRET ruled in favor of Ang. House Electoral Tribunal. B. 1972. As stated in Lazatin vs. he came home to the Philippines and later on reacquired Philippine citizenship by repatriation. Whether Ang is a natural born citizen of the Philippines. 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.

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

(D) an agent of the party to whom the property will ultimately be awarded. SUGGESTED ANSWER: (c) SECTION 17. Statement of personal assets. Who has a better right to be appointed to the contested position? (1994 Bar Question) B. Liabilities of public officers 1. reinstatement and back salaries I. Law on Public Officers A. Powers and duties of public officers G. General principles B. 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 . Preventive suspension and back salaries 2. A. Statement of assets in banks. IX. retired. the City Engineer of Baguio. liabilities and net worth. Illegal dismissal. liabilities and net worth. (C) a private warehouseman. Immunity of public of public officers SALN means: (2012 BAR EXAMS) a. Statement of assets. the City Mayor appointed Jose Reyes. Summary of assets. (B) a public officer. Vicente Estrada. liabilities and net worth. a civil engineer who formerly worked under Cruz but had been assigned to the Office of the Mayor for the past five years. 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. Modes of acquiring title to public office C. 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. d. Rights of public officers H. Eligibility and qualification requirements E. Pedro Cruz. To fill the vacant position. Disabilities and inhibitions of public officers F. c. liabilities and net worth. Modes and kinds of appointment D. b.

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

Under Section 25(a) of the Civil Service Decree. 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. As held in Summers vs. an ad interim appointment is permanent. by accepting an ad interim appointment to a new position. In Section 24 (d) of the Civil Service Act of 1959. An appointment in an acting capacity extended by a Department Secretary is not permanent but temporary. Under Section 25(b) of the Civil Service Decree. 754. However. he retained his old position. Ozaeta. On the other hand. A waived his right to hold his old position. a temporary appointment is one issued to a person to a position needed only for a limited period not exceeding six months. When is an appointment in the civil service permanent? (1994 Bar Question) 2. the Department Secretary may terminate the services of the appointee at any time. 2. 754. (1994 Bar Question) 3. On the other hand. On the other hand. Distinguish between an “appointment in an acting capacity" extended by a Department Secretary from an ad interim appointment extended by the President. Ozaeta. If Congress adjourned without the appointments of A and B having been confirmed by the Commission on Appointments. Hence. Distinguish between a provisional and a temporary appointment. 81 Phil. (1994 Bar Question SUGGESTED ANSWER: 1. B. 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. in accordance with the provisions of law. Provisional appointments in general have already been abolished by Republic Act 6040. A cannot return to his old position. 3. As held in Summers vs. it still applies with regard to teachers under the Magna Carta for Public School Page 273 of 445 Political and Public International Law . 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. 81 Phil. 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. rules and standards promulgated in pursuance thereof. since B did not assume the new position. 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. including the appropriate eligibility prescribed. 1.

even if the appointee has the required civil service eligibility. 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. 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. laid down the distinction between a provisional and a temporary appointment." Merely giving preference presupposes that even a non-eligible maybe appointed. Republic Act 2260) A provisional appointment contemplates a different situation from that of a temporary appointment. In the case of a temporary appointment. Page 274 of 445 Political and Public International Law . 24 [c]. his appointment is still temporary simply because such is the nature of the work to be done. Osmena. Whereas a temporary appointment is designed to fill a position needed only for a limited period not exceeding six (6) months. SUGGESTED ANSWER: The case of Regis vs. NOTE: Since provisional appointments have already been abolished examinees should be given full credit for whatever answer they may or may not give. (Sec. On the other hand. any other eligible may be appointed to do such work in the meantime that a suitable eligible does not qualify for the position. only that no one with appropriate eligibility can be appointed to it. 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." In other words. a provisional appointment. Hence. 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. Teachers. on the other hand. To be more precise. all that the law enjoins is that “preference in filling such position be given to persons on appropriate eligible lists. 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. 197 SCRA 308. Under the law. 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.

As held in Marohombsar v. Designation accomplishes the same purpose as appointment. ripen into a permanent one? Explain. The LAB is entrusted with the functions of receiving and processing applications for Page 275 of 445 Political and Public International Law . In such a case. Alonto. a temporary appointment cannot become a permanent appointment. (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. The rule on nepotism does not apply to designations made in favor of a relative of the authority making a designation. (D) retains his temporary appointment.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. (B) has the right to demand conversion of his appointment to permanent. because her mother is not the designating authority. 347 and 348. Civil Service Commission. 377. 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. because Maria’s position does not fall within the prohibition. as public school teacher in her school. Is such designation valid? (2011 BAR) (A) No. (B) Yes. Court of Appeals. an acting appointment is merely temporary. (2003 Bar Question) SUGGESTED ANSWER: According to Sevilla v. 209 SCRA 637 [1992]. because Maria is related to the supervising authority within the prohibited degree of consanguinity. because the law prohibits relatives from working within the same government unit. unless a new appointment which is permanent is made. her daughter. This holds true unless the acting appointment was made because of a temporary vacancy. 203 SCRA195 [1991]. (D) No. 194 SCRA 390 [1991]. in time. 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 School Principal of Ramon Magsaysay High School designated Maria. The designation was assailed on ground of nepotism. the temporary appointee holds office until the assumption of office by the permanent appointee. (Laurel v. (C) automatically becomes a permanent appointee. (C) No. as amended by Proclamation No.

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

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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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

Page 279 of 445
Political and Public International Law

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

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

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

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

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

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

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

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

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

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

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

upon a finding of probable cause. 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. Section 16(3) of the Constitution. For violation of Section 3 of the Anti-Graft and Corrupt Practices Act (R. which is not a penalty but a preventive measure. to shed light on his alleged illicit acquisition of properties claimed by the Presidential Commission on Good Government. a criminal complaint was filed against him before the Office of the Ombudsman for which. allegedly committed when he was still a Provincial Governor. Representative Valera questioned the validity of the Sandiganbayan order on the ground that. the suspension contemplated in Article VI. Sandiganbayan. 356 SCRA 636. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases are merely recommendatory. Ill-gotten wealth The Senate Blue Ribbon Committee summoned X. X sought to restrain the Page 297 of 445 Political and Public International Law . 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. under Article VI. 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.3019). No. It is distinct from the suspension under Section 13 of the Anti. a former department secretary. Madriaga. 503 SCRA 631 [2006]).A. 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. the Sandiganbayan issued an order of preventive suspension for 90 days against him. During the course of trial. Section 16(3) of the Constitution is a punishment that is imposed by the Senate or House of Representatives upon an erring member. it applies to any office which he may be holding 4. as amended. 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. Under Section 15(3] of the Ombudsman Act.Graft and Corrupt Practices Act. a criminal case was filed with the Sandiganbayan. SUGGESTED ANSWER: False. 3.

the various arms through which political authority is made effective in the Philippines. Article XI. 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. same as the contrary appears from the context. including. (D) be restrained for being sub judice. Decide. Does the right of the government to recover the illegally acquired wealth prescribe? (3%) (2002 Bar Question) SUGGESTED ANSWER: A. The investigation may (2011 BAR) (A) not be restrained on ground of separation of powers. 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. No. A. Government-owned or controlled corporation are within the scope and meaning of the Page 298 of 445 Political and Public International Law . X. municipal or barangay subdivision or other forms of local government. Section 15 of the Constitution provides that the right of the State to recover properties unlawfully acquired by public officials or employees. as amended. Section 15 of the Constitution does not apply to criminal cases for violation of the Anti-Graft and Corrupt Practices Act. the provincial. As held in Presidential Ad-Hoc Fact-Finding Committee on Behest Loans v. city. A violation of Section 3(b) and (c) of the Anti-Graft and Corrupt Practices Act prescribes. 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. Administrative Law A.A. Desierto. (B) be restrained on ground of prejudicial question. Article XI. 3019). (C) not be restrained on ground of presumed validity of legislative action. Does the criminal offense committed prescribe? (2%) B. or from them or from their nominees or transferees. whether pertaining to the autonomous regions. 317 SCRA 272 (1999). as a result of which he has amassed illegally acquired wealth. Suppose a public officer has committed a violation of Section 3 (b) and (c) of the Anti-Graft and Corrupt Practices Act (R. B.

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

because it is vested with the special function of financing agrarian reform. Fact-finding. an administrative agency has equal expertise with the legislature in crafting and implementing laws. issue licenses. occupation or business. privileges. The Land Bank of the Philippines is a government instrumentality.) 5. 310 SCRA 304 Page 300 of 445 Political and Public International Law . the legislature may leave to another body the ascertainment of facts necessary to bring the law into actual operation. (Section 74. (Book VII. In view of this definition. either through rule-making or adjudication. bureau. Quasi-legislative (rule-making) power a. commission. Administrative due process b. Agency includes any department. office. 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. Republic Act No. Agrarian Land Reform Code. Powers of administrative agencies 1. Kinds of administrative rules and regulations b.) ALTERNATIVE ANSWER: An agency is defined as any government authority other than a court or a legislative body which affects private rights. investigative. Sec. an administrative agency may "fill up the details" of a statute. c. and it enjoys autonomy through a charter. it is endowed with all corporate powers. Chapter 1. 2. C. government corporations with respect to functions regulating private rights. UNITED BF HOMEONWERS ASSOCIATION VS BF HOMES INC. Administrative appeal and review c. research institutions with respect to licensing functions. grant rights or privileges. and adjudicate cases. Administrative Code of 1987). d. Quasi-judicial (adjudicatory) power a. authority or officer of the National Government authorized by law or executive order to make rules. 4136. Requisites for validity 2. Administrative res judicata 3. all of the above mentioned are considered agencies because they perform either adjudicative or rule-making function. and officials in the exercise of disciplinary power as provided by law. b. SUGGESTED ANSWER: D. contingent legislation.

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

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

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

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

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

No. Is he correct? (1994 Bar Question) B. As held in Adamson & Adamson. 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. the decision is supported by substantial evidence. Amores. in violation of the “He who decides must hear" rule. 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. 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. 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. required that to give the substance of a hearing. 110 Phil. and the decision is supported by the evidence in the record. It is. Director of Patents. 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. A. The Housing and Land Use Regulatory Board (HLURB) found Atlantic Homes. the prosecutor. who have the discretion to accept or reject them. however. affirming the attached HLURB judgment. vs. and did not simply accept the views of their subordinates in arriving at a decision. No. there is no question that the requirements of due process and fair trial are fully met. Stevie is not correct. On the ground that there was a violation of due process because the complainants. and the hearing officers were all subordinates of the Commissioner of the Bureau of Immigration and Deportation. and the commissioners acted on their own independent consideration of the law and facts of the case. Is he correct? (1994 Bar Question) SUGGESTED ANSWER: A. Atlantic appealed to the Office of the President which rendered a one page decision. What is important is that Stevie was not deprived of his right to present his own case and submit evidence in support thereof. the prosecutor and the hearing officers were all subordinates of the BID Commissioners who rendered the deportation decision. In short. Atlantic Page 306 of 445 Political and Public International Law . 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. vs. Inc. the findings of the subordinates are not conclusive upon the Commissioners. liable in damages arising from its delayed release of the title to the house and lot that it sold to Josephine. Stevie was not denied due process simply be-cause the complainants. 67 SCRA 287. Inc. In accordance with the ruling in Erlanger & Galinger. Court of Industrial Relations. 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. v." B. 152 SCRA 237. 470. In American Tobacco Co.

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

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

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

the Collector of Customs. 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. 136 (1979)]. In his comment to the petition. Page 310 of 445 Political and Public International Law . the administrative remedy available under Section 2313 of the Tariff and Customs Code is to appeal to the Commissioner of Customs. A. The warrant particularly describes the electronic equipment and specifies the provisions of the Tariff and Customs Code which were violated by the importation. As pointed out in Chia vs. pursuant to Section 2 of Article III of the 1987 Constitution. 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.The case deals with private land. 177 SCRA 753. All administrative remedies have been exhausted. [Gonzales. 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. what is the administrative remedy available to the corporation? (1991 Bar Question) B. Two days thereafter. the corporation filed with the Supreme Court a petition for certiorari. p. B. The following are the exceptions to the doctrine of exhaustion of administrative remedies: . which were illegally imported into the Philippines. Cebu City. Administrative Law. . enjoin the Collector and his agents from further proceeding with the forfeiture hearing and to secure the return of the confiscated equipment. Acting Collector of Customs. a Warrant of Seizure and Detention against the corporation for the seizure of the electronic equipment. If the Court would sustain the contention of the Collector of Customs on the matter of exhaustion of administrative remedies. in the morning of 2 January 1988. The following day. What are the exceptions to the rule on exhaustion of administrative remedies? (1991 Bar Question) SUGGESTED ANSWER: A. Rex Bookstore: Manila. only a judge may issue a search warrant. a hearing officer in the Office of the Collector of Customs conducted a hearing on the confiscation of the equipment. the Collector of Customs of Cebu issued.. The warrant was served and implemented in the afternoon of 2 January 1988 by Customs policemen who then seized the described equipment. through the Office of the Solicitor General. prohibition and mandamus to set aside the warrant. from whose decision an appeal to the Court of Tax Appeals lies.

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

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

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

On her third term. Filing of certificates of candidacy a. COMELEC ousted her in an election protest that Gudi. ballots which contain such prefixes are valid. Under Rule No. Ibay. Effect of filing b. 19 of the rules for the appreciation of ballots in Section 211 of the Omnibus Election Code. Ministerial duty of COMELEC to receive certificate d. Two years later. 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. Candidacy 1. F. Petition to deny or cancel certificates of candidacy f. No. Page 314 of 445 Political and Public International Law . Substitution of candidates c. she already won the mayoralty election for 3 consecutive terms. 84 Phil. filed against her. Under Rule No. Withdrawal of candidates Adela served as Mayor of Kasim for 2 consecutive terms. Corpuz u. her opponent. B. her ouster from office in her third term interrupted the continuity of her service as mayor. 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. Can Adela run again for Mayor in the next succeeding election without violating the 3 term limit? (2011 BAR) (A) No. C. (D) Yes. 12 of the rules for the appreciation of ballots. it is presumed that stray ballot refers to stray vote. (B) A. 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. Gudi faced recall proceedings and Adela ran in the recall election against him. (C) Yes. Qualifications of candidates 2. The Supreme Court has ruled that the principle of idem sonans is liberally construed. the fresh mandate given her during the recall election erased her disqualification for a third term. Nuisance candidates e. Effect of disqua