Political Law: Suggested Answers To Bar Examination

SUGGESTED ANSWERS
TO BAR EXAMINATION
IN
POLITICAL LAW
ARRANGED BY TOPIC
(1987 – 2006)
Edited and Arranged by:
Atty. Janette Laggui-Icao and
Atty. Alex Andrew P. Icao
(Silliman University College of Law) July 26,
2005
Updated by:
Romualdo L. Señeris II, LLB.
April 19, 2007
From the ANSWERS TO BAR EXAMINATION

QUESTIONS in POLITICAL LAW by the
UP LAW COMPLEX and
PHILIPPINE ASSOCIATION OF LAW SCHOOLS
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 1
FO R WAR D
This work is not intended for sale or commerce. This work is freeware. It may
be freely copied and distributed. It is primarily intended for all those who desire to
have a deeper understanding of the issues touched by the Philippine Bar Examinations
and its trend. It is specially intended for law students from the provinces who, very
often, are recipients of deliberately distorted notes from other unscrupulous law
schools and students. Share to others this work and you will be richly rewarded by God
in heaven. It is also very good karma.
We would like to seek the indulgence of the reader for some Bar Questions which are
improperly classified under a topic and for some topics which are improperly or
ignorantly phrased, for the authors are just Bar Reviewees who have prepared
this work while reviewing for the Bar Exams under time constraints and within
their limited knowledge of the law. We would like to seek the reader’s indulgence for a
lot of typographical errors in this work.
The Authors
TABLE OF CONTENTS
1987 CONSTITUTION OF THE PHILIPPINES.................................................................14
Phil Con 87; New Features (1991)...................................................................................14
Phil Con 87; People Power (1987)...................................................................................14
Nature of the Constitution: Constitutional Supremacy (2004).....................................15
Government Presidential Form vs. Parliamentary Form (Q6-2006)...........................15
ARTICLE I National Territory.........................................................................................16
Archipelagic Doctrine (1989).............................................................................................16
Contiguous Zone vs. Exclusive Economic Zone (2004)...............................................16
Exclusive Economic Zone; Rights of the Coastal State (1994)...................................16
Exclusive Economic Zone; Rights of the Coastal State (Q1-2005)............................17
Flag State vs. Flag of Convenience (2004)....................................................................17
Territory & Government (1996).........................................................................................17
Territorial Sea vs. Internal Waters (2004)........................................................................17
ARTICLE II Declaration of Principles and State Policies........................................18
Armed Forces; Servant of the People (2003).................................................................18
Doctrine of Incorporation; Constitutional Law (1997)....................................................18
Doctrine of Incorporation; Pacta Sunt Servanda (2000)...............................................18
Freedom from Nuclear Weapons; Foreign Military Bases (1988)...............................18
Philippine Flag (Q4-2006)..................................................................................................19
Principle of Civilian Supremacy (Q6-2006).....................................................................19
State Immunity from Suit (1991).......................................................................................19
State Immunity from Suit (1989)......................................................................................20
State Immunity vs. Waiver of Immunity (1997)...............................................................22
State Principles & Policies (1994)....................................................................................23
Transparency; Matters of Public Interest (1989)............................................................24
Transparency; Matters of Public Interest (2000)............................................................25
ARTICLE III Bill of Rights.................................................................................................25
Bill of Attainder (1987)........................................................................................................25
Bill of Attainder (1990)........................................................................................................26
Custodial Investigation; Extrajudicial Confession (2001).............................................26
Custodial Investigation; Extrajudicial Confession; Police Line-Up (1994).................26
Custodial Investigation; Police Line-Up (1997)..............................................................27
Custodial Investigation; Right to Counsel (1988)...........................................................27
Custodial Investigation; Right to Counsel; Receipt of Property Seized (2002).........28
Custodial Investigation; Rights (1990).............................................................................29
Double Jeopardy (1988)....................................................................................................30
Double Jeopardy (1993)....................................................................................................31
Double Jeopardy (1997)....................................................................................................31
Double Jeopardy (1999)....................................................................................................32
Double Jeopardy (1999)....................................................................................................32
Double Jeopardy (2000)....................................................................................................32
Double Jeopardy (2001)....................................................................................................32
Double Jeopardy (2002)....................................................................................................33
Double Jeopardy; Requisites (1999)...............................................................................33
Due Process; Absence of Denial (1999).........................................................................33
Due Process; Deportation (1994).....................................................................................34
Due Process; Forfeiture Proceedings (1993).................................................................35
Due Process; Media Coverage during Hearing (1996).................................................35
Due Process; Meeting vs. Hearing (1999)......................................................................35
Due Process; Notice by Publication (1988)....................................................................35
Due Process; Permit to Carry Firearm Outside Residence (Q6-2006)......................36
Due Process; PPA-Pilots (2001).......................................................................................36
Due Process; Procedural vs. Substantive (1999)..........................................................37
Due Process; Provisional Order (1991)...........................................................................37
Due Process; Public School Teachers (2002)................................................................37
Due Process; Radio Station (1987).................................................................................38
Due Process; Represented by a Non-Lawyer (1988)...................................................38
Due Process; Substantive (2003).....................................................................................38
Due Process; Suspension of Driver's License (1992)...................................................38
Due Process; Urgent Public Need (1987).......................................................................39
Eminent Domain; Garnishment (1994)............................................................................39
Eminent Domain; Garnishment (1998)............................................................................40
Eminent Domain; immunity from suit (2001)..................................................................40
Eminent Domain; Indirect Public Benefit (1990)............................................................40
Eminent Domain; Just Compensation (1988).................................................................40
Eminent Domain; Legal Interest (1993)...........................................................................41
Eminent Domain; Non-observance of the policy of "all or none" (2000)....................42
Eminent Domain; Power to Exercise (2005)...................................................................42
Eminent Domain; Public Use (1987)................................................................................42
Eminent Domain; Socialized Housing (1996).................................................................43
Eminent Domain; Writ of Possession (1993)..................................................................43
Equal Protection; Alien Employment (1989)...................................................................44
Equal Protection; Invidious Discrimination (1987).........................................................44
Equal Protection; Invidious Discrimination (1987).........................................................45
Equal Protection; Police Power (2000)............................................................................45
Equal Protection; Right to Education (1994)..................................................................45
Equal Protection; Subsidiary Imprisonment (1989).......................................................45
Freedom of Expression; Censorship (2003)...................................................................46
Freedom of Expression; Prior Restraint (1988).............................................................46
Freedom of Religion; Convicted Prisoners (1989).........................................................46
Freedom of Religion; Flag Salute (1997)........................................................................47
Freedom of Religion; Flag Salute (2003)........................................................................48
Freedom of Religion; Non-Establishment Clause (1988).............................................48
Freedom of Religion; Non-Establishment Clause (1992).............................................48
Freedom of Religion; Non-Establishment Clause (1997) 49
Freedom of Speech; Ban on Tobacco AD (1992) 49
Freedom of the Press; Actual Malice (2004) 50
Freedom of the Press; Wartime Censorship (1987) 50
Impairment Clause; Basic Human Rights (1992) 51
Involuntary Servitude (1993) 51
Liberty of Abode; Limitations (1998) 51
Liberty of Abode; Temporary (1996) 52
Non-Imprisonment for Non-Payment of Debt (1993) 52
Police Power; Abatement of Nuisance (2004) 52
Police Power; Ban on Tobacco AD (1992) 52
Police Power; Zoning Ordinance vs. Non-Impairment of Contracts (1989) 53
Police Power; Zoning Ordinance vs. Non-Impairment of Contracts (2001) 53
Privacy of Communication (2001) 53
Privacy of Correspondence (1998) 54
Privacy of Correspondence; Jail (1989) 54
Right to Assembly; Permit Application; Freedom Parks (Q2-2006) 54
Right to Assembly; Permit Requirements (1992) 55
Right to Assembly; Public Teachers (2000) 55
Right to Assembly; Public Teachers (2002) 56
Right to Travel; Order of Arrest (1991) 56
Rights of the Accused; Counsel of his Choice (Q8-2005) 56
Rights of the Accused; Presumption of Innocence vs. Presumption of Theft (2004) 57
Rights of the Accused; Right to Bail (1993) 57
Rights of the Accused; Right to Bail; Capital Offense (Q4-2006) 58
Rights of the Accused; Right to Bail; Deportation Case (1989) 58
Rights of the Accused; Right to Bail; Matter of Right or a Matter of Discretion (Q7-
2005) 58
Rights of the Accused; Right to Speedy Trial (2000) 59
Rights of the Accused; Self-Incrimination (1988) 59
Rights of the Accused; Self-Incrimination (Q7-2006) 61
Searches and Seizure; Private Individuals (Q8-2005) 61
Searches and Seizures; Aliens (2001) 61
Searches and Seizures; Breathalyzer Test (1992) 62
Searches and Seizures; Immediate Control (1987) 62
Searches and Seizures; Incidental to Valid Search (1990) 62
Searches and Seizures; Place of Search (2001) 63
Searches and Seizures; search made by a private citizen (1993) 63
Searches and Seizures; search made by a private citizen (2002) 64
Searches and Seizures; Valid Warrantless Search (2000) 64
Searches and Seizures; Visual Search (1992) 65
Searches and Seizures; Waiver of Consent (1989) 65
Searches and Seizures; Warrantless Arrests (1993) 66
Searches and Seizures; Warrants of Arrest (1991) 66
ARTICLE IV Citizenship 66
Action for Cancellation; Prescription & Effect of Death (1994) 66
Citizenship; Elected Official (1993) 67
Dual Allegiance vs. Dual Citizenship (1987) 67
Dual Allegiance vs. Dual Citizenship (1988) 68
Dual Citizenship (1994) 68
Effect of Marriage; Filipino (1989) 69
Effect of Oath of Allegiance (2004) 69
Effect of Repatriation (1999) 70
Effects of Marriages (1999) 70
Effects of Philippine Bill of 1902 (2001) 71
Elected Official (1992) 71
Electing Philippine Citizenship (Q8-2006) 71
Electing Philippine Citizenship; When Proper (Q8-2006) 72
Natural Born Filipino (1989) 72
Natural Born Filipino (1998) 72
Natural-Born Filipino(1993) 73
Naturalization; Cancellation of Citizenship (1998) 73
Residency Requirements; Elective Official (Q9-2005) 73
Status; Illegitimate Child (1990) 74
Status; Illegitimate Child; Dual Citizenship (1996) 74
Status; Legitimate Child (2003) 74
Ways of Reacquiring Citizenship (2000) 75
ARTICLE VI Legislative Department 75
Appropriation of Public Funds (1988) 75
Appropriation of Public Funds; Debt Servicing (1992) 75
Appropriation of Public Funds; Public Purposes (1988) 75
Commission on Appointments (2002) 76
Delegation of Powers (2002) 76
Delegation of Powers; (Q6-2005) 76
Delegation of Powers; Completeness Test; Sufficient Standard Test (Q6-2005) 77
Discipline; Modes of Removal (1993) 77
Discipline; Suspension of a Member of the Congress (2002) 77
Elected Official; De Facto Officer (2004) 78
Electoral Tribunal; HRET Members’ Right & Responsibilities (2002) 78
Electoral Tribunal; Senate; Jurisdiction (1990) 79
Foreign Affairs; Role of House of Rep (1996) 79
Foreign Affairs; Role of Senate (1994) 79
Investigations in Aid of Legislation (1992) 79
Law Making; Process & Publication (1993) 80
Law-Making; Appropriation Bill (1996) 80
Law-Making; Appropriation Law; Automatic Renewal & Power of Augmentation
(1998) 80
Law-Making; Appropriation Law; Rider Provision (2001) 81
Law-Making; Foreign Affairs; Treaties (1996) 81
Law-Making; Overriding the Presidential Veto (1991) 81
Law-Making; Passage of a Law (1988) 82
Legislative Power; Pres. Aquino’s Time (1990) 82
Legislative Powers (1989) 82
Loans Extended to Members of Congress (1991) 82
Multi-Party System (1999) 83
Non-Legislative Powers (1988) 83
Non-Legislative Powers; Emergency Powers; Requisites (1997) 83
Prohibitions and Inhibitions of Public Office (2004) 83
Qualifications; Congressmen (1988) 84
Qualifications; Congressmen; (1993) 84
Qualifications; Congressmen; (1999) 85
Separation of Powers (1988) 85
Separation of Powers (2003) 85
Three-Term Limit: Congressmen (1996) 86
Three-Term Limit; Congressmen (2001) 86
ARTICLE VII Executive Department 86
Appointing Power; Acting vs. Permanent Appointment (2003) 86
Appointing Power; ad interim appointments (1991) 86
Appointing Power; Ad Interim Appointments (1994) 87
Appointing Power; Appointments Requiring Confirmation; RA 6975-Unconstitutional
(2002) 87
Appointing Power; Categories of Officials (1999) 88
Appointing Power; Kinds of Appointments (1994) 88
Appointing Power; Limitations on Presidential Appointments (1997) 89
Appointing Powers; Ad Interim Appointments (Q4-2005) 90
Cabinet Members; limitation on accepting additional duties (1996) 90
Calling-out Power; President (Q1-2006) 91
Declaration; State of Calamity; Legal Effects (Q1-2005) 91
Declaration; State of National Emergency (Q1-2006) 91
Enter into Contract or Guarantee Foreign Loans (1994) 91
Enter into Contract or Guarantee Foreign Loans (1999) 92
Enter into Executive Agreements (2003) 92
Impose Tariff Rates, Import and Export Quotas (1999) 92
Martial Law & Suspension of Writ of Habeas Corpus (1987) 92
Martial Law; Limitations (2000) 93
Martial Law; Sufficiency of the Factual Basis (Q3-2006) 94
Pardoning Power; Amnesty (1993) 95
Pardoning Power; Amnesty (1995) 95
Pardoning Power; Breach of Condition; Revocation (Q5-2005) 95
Pardoning Power; Exec Clemency; Pardon (1995) 95
Pardoning Power; Executive Clemency (1997) 96
Pardoning Power; Executive Clemency (1999) 96
Pardoning Power; Kinds (1988) 96
Pardoning Power; Pardon, Conditional (1997) 97
President; Participation; Legislative Process (1996) 97
Presidential Immunity from Suit (1997) 97
Prohibition Against Multiple Positions & Additional Compensation (2002) 97
Prohibition against Multiple Positions by Gov’t Officials (1987) 98
Suspension of Writ of Habeas Corpus (1997) 99
ARTICLE VIII Judicial Department 99
Cases to be Heard En Banc; Supreme Court (1999) 99
Contempt Powers (1996) 99
Finality of Void Judgments (1993) 99
Fiscal Autonomy (1999) 100
Function; Continuing Constitutional Convention (2000) 100
Issuance of Restraining Orders and Injunctions (1992) 100
Judicial & Bar Council (1988) 101
Judicial & Bar Council (1999) 101
Judicial Department; Writ of Amparo (1991)......................................................................101
Judicial Independence; Safeguard (2000)......................................................................101
Judicial Power (1989).........................................................................................................102
Judicial Power (1992).........................................................................................................102
Judicial Power (1998).........................................................................................................103
Judicial Power; Scope (1994)..............................................................................................103
Judicial Review; Locus Standi (1992).................................................................................104
Judicial Review; Requisites (1994)..................................................................................104
Jurisdiction of HLURB (1993)............................................................................................104
Mandatory Period For Deciding Cases (1989)...............................................................105
Political Question (1995)....................................................................................................105
Political Question Doctrine (1997)......................................................................................105
Political Question: Separation of Powers (2004)...............................................................106
Political Question; To Settle Actual Controversies (2004)............................................106
Political Questions (1988)..................................................................................................106
Pro Hac Vice Cases (1999)...............................................................................................107
Removal of Lower Court Judges (1993)..........................................................................107
Review Executive Acts (1996)...........................................................................................107
Supervision; Courts & its Personnel (Q5-2005).................................................................108
Taxpayer's Suit; Locus Standi (1995)..............................................................................108
Term of Office; Justices (1996)............................................................................................108
Votes required for declaring a law unconstitutional (1996)...........................................109
ARTICLE IX Constitutional Commissions...................................................................109
Rotational Scheme (1999)...................................................................................................109
Constitutional Commissions & Council (Q7-2006)............................................................109
ARTICLE IX Civil Service Commission........................................................................109
Career Service; Characteristics (1999)..............................................................................109
Civil Service Commission vs. COA (2004)......................................................................109
Function of CSC (1994).......................................................................................................110
GOCCs Without Original Charter vs. GOCCs With Original Charter (1998).............110
Jurisdiction over the GOCCs (1999)...................................................................................111
Jurisdiction over the GOCCs (2003)...................................................................................111
Modes of Removal from Office (1993)................................................................................111
Receiving of Indirect Compensation (1997)....................................................................111
Security of Tenure (1988).....................................................................................................112
Security of Tenure (Q5-2005)..............................................................................................112
Security of Tenure; Meaning (1999)....................................................................................113
ARTICLE IX COMELEC.......................................................................................................113
Electoral Tribunal; Functions & Composition (Q5-2006)...............................................113
Fair Election; Equal Space & Time in Media (1989)......................................................113
Grant of Pardon in Election Offenses (1991)..................................................................114
Judicial Review of Decisions (2001)................................................................................114
Removal from Office; Commissioners (1998).................................................................114
Right to Vote; Jurisdiction (2001)........................................................................................114
Election Laws..........................................................................................................................114
2nd Placer Rule (2003).....................................................................................................114
2nd Placer Rule (1990)......................................................................................................115
2nd Placer Rule; in Quo Warranto Cases (1992)..........................................................115
2nd Placer Rule; Rule of Succession (1996)....................................................................115
Appreciation of Ballots (1994)...........................................................................................116
Disqualification; Grounds (1991)......................................................................................116
Disualifications (1999) 116
Effect of Filing of Certificate of Candidacy; Appointive Officer vs Elective Officer
(2002) 116
Effect of Filing of Certificate of Candidacy; Fair Election Act (2003) 117
Election Offenses; Conspiracy to Bribe Voters (1991) 117
Election Protest (1990) 117
Election Protest vs. Quo Warranto (2001) 118
Election Protest vs. Quo Warranto (Q5-2006) 118
Election Protest; Jurisdiction (1996) 118
Expiration of term bars service thereof (2000) 118
Petition to Declare Failure of Elections; Requisites & Effects (1995) 118
Pre-Proclamation Contest (1987) 119
Pre-Proclamation Contest (1988) 119
Pre-Proclamation Contest vs. Election Contests (1997) 120
Pre-Proclamation Contest; Proper Issues (1996) 121
Process; Illiterate Voters (1987) 121
Process; Principle of Idem Sonans (1994) 121
Process; Stray Ballot (1994) 121
Recall (2002) 122
Three-Term Limit Rule (2001) 122
Three-Term Limit; from Municipality to Newly-Created City (Q9-2005) 122
Vacancy; Effect of Vice-Mayor Acting As Mayor (2002) 123
Vacancy; Rule of Succession (1995) 123
Vacancy; SB; Rule on Succession (2002) 124
ARTICLE IX Commission on Audit 124
COA; Jurisdiction (2001) 124
COA; Money Claims (1998) 124
ARTICLE X Local Government 125
Appointment of Budget Officer; control vs supervision (1999) 125
Boundary Dispute Resolution; LGU; RTC’s Jurisdiction (Q10-2005) 126
Boundary Dispute Settlement; Authority; Jurisdiction (1999) 126
Creation of New Local Government Units; Plebiscite Requirement (2004) 126
De Facto Public Corporations; Effect (2004) 126
Devolution of Power (1999) 126
Franchise; prior approval of LGU necessary (1988) 126
Law fixing the terms of local elective officials (Q4-2006) 127
Ordinance; Use & Lease of Properties; Public Use (1997) 127
Ordinance; Validity; Closure or Lease of Properties for Public Use (2003) 127
Ordinance; Validity; Compensation; Tortuous Act of an Employee (1994) 127
Ordinance; Validity; Local Taxation vs. Special Assessment (1987) 128
Ordinance; Validity; Preventing Immorality (1987) 128
Ordinance; Validity; Utilization & Development; National Wealth (1991) 128
Ordinances; Validity; Amending Nat’l Laws (1988) 128
Ordinances; Validity; Gambling Prohibition (1995) 129
Ordinances; Validity; Limitation of Penalties (1991) 129
Ordinances; Veto Power (1996) 129
Police Power; LLDA (1995) 130
Power to Issue Subpoena & Cite For Contempt (1993) 130
Power; Eminent Domain; LGU; Right to Exercise (Q10-2005) 131
Powers of Barangay Assembly (2003) 131
Powers; Liga ng mga Barangay (2003) 131
Requisites; Contracts Involving LGU (1991)......................................................................131
Requisites; Contracts involving LGU (1995)......................................................................132
Taxation; GOCC Liability For Real Estate Tax (1999).......................................................132
Taxation; Sources of Revenue (1999).............................................................................132
Withdrawal of Public Property from Public Use (1990).................................................132
ARTICLE XI Accountability of Public Officers...........................................................133
Abandonment of Office (2000)............................................................................................133
Discipline; Clemency; Doctrine of Condonation (2000)................................................133
Discipline; Effect of Pardon Granted in Favor of Public Officers (1999)....................134
Discipline; Preventive Suspension & Appeal; entitlement to salary pendente (2001)
134
Discipline; Preventive Suspension (1990)..........................................................................134
Discipline; Preventive Suspension (2002)..........................................................................135
Elective and Appointive Officials: disciplinary authority (2004) ........................................135
Elective Public Officer; De Facto Officer (2000)................................................................135
Elective Public Officers; De Facto Officer; effects (2004) .................................................136
Graft and Corruption; Prescription of Crime (2002)...........................................................136
Impeachment; Cronyism (2000)..........................................................................................137
Impeachment; Grounds (1999).........................................................................................137
Impeachment; Nature; Grounds; PD 1606 (1988).........................................................137
Law of Public Officers; Next-in-Rank Rule (1994).............................................................137
Liability For Damages in Performance of Official Functions (1990)............................138
Local Elective Officials; Limitations On Additional Duties (1995) .....................................139
Ombudsman: Power to Suspend; Preventive Suspension (2004) ...................................139
Ombudsman; Power to Investigate (2003).........................................................................139
Ombudsman; Power to Suspend; Preventive Suspension (1996) ...................................140
Power to Issue Subpoena; validity of delegation (1989)...................................................140
Prohibition On Elective Officer to Hold Public Office (2002).............................................140
Public Office; Public Trust (1998).....................................................................................140
Retirement Benefits (1996)................................................................................................141
ARTICLE XII National Economy and Patrimony.........................................................142
Acquisition and Lease of Public Lands (1998)...................................................................142
Acquisition of Lands (1987)...............................................................................................142
Acquisition of Lands (2000)...............................................................................................143
Acquisition of Lands by Hereditary Succession (2002).....................................................143
Acquisition of Lands; Citizenship issue (1989)..................................................................143
Acquisition of Lands; Prohibition; acquisition of private lands by aliens (1994)........145
Citizenship Requirement in Management of Advertising Industry (1989) .......................145
Engagement in Business & Exercise of Profession (1987)..............................................145
Exploration and Development of Minerals (1994)..........................................................146
Expropriation of Public Utilities (1992)................................................................................146
Lease of Private Agricultural Lands (2001)........................................................................146
National Economy & Patrimony; Constitutional Prohibition (2004).............................147
National Patrimony; definition (1999)..................................................................................147
Nationalized Activities (1994)............................................................................................147
Ownership Requirement of Mass Media (1989)................................................................148
Chinese citizens; engaging in retail trade (Q4-2006) ........................................................148
Exploration, development, and utilization of natural resources (Q4-2006) .....................148
ARTICLE XIII Social Justice and Human Rights..........................................................148
Agrarian Reform Law; Coverage (1992)............................................................................148
Commission on Human Rights; Power to investigate (1992)...........................................149
Commission on Human Rights; Power to issue TRO (1997)...........................................149
Commission on Human Rights; Power to issue TRO (2001)...........................................149
Commission on Human Rights; Power; Limitations (Q4-2005)........................................150
Labor; Right to Self-Organization (1988)............................................................................151
Labor; Right to Strike (1988).............................................................................................151
Labor; Right to Strike (1993).............................................................................................151
Social Justice under the Present Constitution (1995).......................................................152
Women (2000)......................................................................................................................152
ARTICLE XIV Education, Science and Technology, Arts..........................................153
Education; Academic Freedom (1987)...............................................................................153
Education; Academic Freedom; Extent (1999)..................................................................154
Education; Alien Enrollees & Donors (1999)...................................................................154
Education; Duties of State in Re Education (1999)...........................................................154
Education; Flag Salute (1987).............................................................................................155
Education; Right to Choose Profession (2000)..................................................................155
Education; Right to Quality Education (2003)....................................................................156
Education; Teaching of Religion (1999)...........................................................................156
Education; Validity of Academic Requirements (1994).....................................................156
ARTICLE XVI General Provisions......................................................................................156
General Provisions; Local Dialect (1987)...........................................................................156
AFP; limitation on accepting additional duties (1996).......................................................157
ARTICLE XVII Amendments or Revisions........................................................................157
People’s Initiative (2004)....................................................................................................157
Amendments and Revisions; Modes (1997)......................................................................157
REFERENDUM vs. INITIATIVE (Q1-2005).....................................................................157
ARTICLE XVIII Transitory Provisions.................................................................................158
Transitory Provisions; Foreign Military Bases (1996)....................................................158
Transitory Provisions; Foreign Military Bases (1988)....................................................158
PUBLIC INTERNATIONAL LAW.........................................................................................158
Basic Principles in Public Int’l Law (1991)..........................................................................158
Constitutive Theory vs. Declaratory Theory (2004).......................................................160
Contiguous Zone vs. Exclusive Economic Zone (2004)..................................................160
Diplomatic Immunity (2000).................................................................................................160
Diplomatic Immunity; Ambassador (Q3-2005)...................................................................162
Diplomatic Immunity; Ambassadors (1990)........................................................................162
Diplomatic Immunity; Coverage (Q3-2005).....................................................................163
Diplomatic Immunity; Diplomatic Envoy and Consular Officers (1995) ...........................164
Diplomatic Immunity; Diplomatic Envoy and Consular Officers (1997) ...........................165
Exclusive Economic Zone (2000).....................................................................................165
Executive Agreements; Binding Effect (2003)....................................................................165
Extradition vs. Deportation (1993)......................................................................................166
Extradition; Doctrine of Specialty (1993).........................................................................166
Extradition; Effectivity of treaty (1996).............................................................................166
Extradition; Grounds (2002)..............................................................................................167
Extradition; Retroactive Application (Q2-2005) 167
Flag State vs. Flag of Convenience (2004) 168
Genocide (1988) 168
Human Rights (1999) 168
Human Rights; Civil and Political Rights (1992) 168
Human Rights; Civil and Political Rights (1996) 169
Int’l Court of Justice; Jurisdiction Over States 170
Int’l Court of Justice; Jurisdiction Over States (1994) 170
Int’l Court of Justice; Limitations On Jurisdiction (1999) 170
Int’l Court of Justice; Parties; Pleadings and Oral Argument (1994) 170
International Convention; Law of the Sea (2004) 171
International Court of Justice (Q9-2006) 171
International Law vs. Municipal Law; Territorial Principle; International Crimes (Q2-
2005) 171
Mandates and Trust Territories (2003) 172
Municipal Law vs. International Law (2003) 173
Neutrality of States (1988) 173
Outer Space; Jurisdiction (2003) 174
Principle of Auto-Limitation (Q10-2006) 174
Reciprocity v. Principle of Auto-Limitation (Q10-2006) 174
Recognition of States; De Facto vs. De Jure Recognition (1998) 174
Reparations Agreement; Validity (1992) 175
Right to Innocent Passage (1999) 175
Right to Transit and Innocent Passage (2004) 176
Rights and Obligation under UN Charter (1991) 176
Sources of International Law; Primary & Subsidiary Sources (2003) 177
Sovereign Immunity of States; Absolute vs. Restrictive (1998) 177
Sovereignty of States; Natural Use of Territory (1989) 178
Sovereignty; Definition; Nature (Q10-2006) 178
State Liabilities (1995) 179
State Sovereignty; Effective Occupation; Terra Nullius (2000) 179
Stateless Persons; Effects; Status; Rights (1995) 179
Territorial Sea vs. Internal Waters (2004) 180
Use of Force; Exceptions (2003) 180
Use of Force; Principle of Non-Intervention (1994) 181
Use of Force; Right of Self-defense (2002) 182
Use of Force; Self-Defense; Waging War (1998) 182
Use of Force; When allowed (1988) 183
War; Combatants/ Prisoners of War vs. Mercenaries (1993) 183
Wilson doctrine vs. Estrada doctrine (2004) 184
ADMINISTRATIVE LAW 184
Admin Law; Exhaustion of Administrative Remedies (1991) 184
Admin Law; Exhaustion of Administrative Remedies (2000) 184
Admin Law; Exhaustion of Administrative Remedies vs Doctrine of Primary
Jurisdiction (1996) 185
Admin Law; Exhaustion of Administrative Remedies; Exceptions (1991) 185
Admin Law; Judicial Review of Administrative Action (2001) 186
Admin Law; Judicial Review of Administrative Decisions (1988) 186
Admin Law; Meaning of “Government of the Philippines” (1997) 187
Admin Law; Power of the President to Reorganize Administrative Structure (2003)
............................................................................................................................................... 187
Admin Law; Rules and Regulations; Due Process (2000)................................................187
Government Agency vs. Government Instrumentality (Q7-2005) ....................................188
Quasi-Judicial Body or Agency (Q5-2006)......................................................................188
1987 CONSTITUTION OF THE 7. The Supreme Court is empowered to adopt
rules for the protection and enforcement
PHILIPPINES
of constitutional rights.
Phil Con 87; New Features (1991)
8. Art. II. Sec. 11 commits the State to a policy
No 1: How is the Bill of Rights strengthened in
which places value on the dignity of
the 1987 Constitution? every human person and guarantees full
SUGGESTED ANSWER: respect for human rights.
There are several ways in which the Bill of 9. A Commission on Human Rights is created.
Rights is strengthened in the 1987 Constitution. 10. Under Article XVI. Sec. 5(2) the State is
1. New rights are given explicit recognition mandated to promote respect for the
such as, the prohibition against detention by people's rights among the members of the
reason of political beliefs and aspirations. military in the performance of their duty.
The waiver of Miranda rights is now
required to be made in writing with the Phil Con 87; People Power (1987)
assistance of counsel. The use of solitary,
incommunicado and secret detention places is No. XVIII: The framers of the 1987 Constitution
prohibited, while the existence of and the people who ratified it made sure
substandard and inadequate penal facilities is that provisions institutionalizing people power
made the concern of legislation. were incorporated in the fundamental law,
Briefly discuss at least two such provisions.
2. There is also recognition of the right of
expression, an express prohibition against SUGGESTED ANSWER:
the use of torture, a mandate to the State to Art. VI, Sec. 1, while vesting in Congress the
provide compensation and rehabilitation for legislative power, nonetheless states that such
victims of torture and their families. conferment of power shall be subject to the
3. Some rights have been expanded. reservation made in favor of the people by
For instance, free access to courts provisions on initiatives and referendum. For this
now includes access to quasi-judicial purpose, Congress is required, as early as possible,
to provide for a system of initiative of referendum
bodies and to adequate legal assistance.
whereby the people can directly propose and
4. The requirements for interfering with some enact laws or approve or reject an act or law or
rights have been made more strict. For part thereof passed by the Congress or the
instance, only judges can now issue search legislative bodies after the registration of a
warrants or warrants of arrest. There must petition therefor, signed by at least 10% of the
be a law authorizing the Executive total number of registered voters, of which every
Department to interfere with the privacy of legislative district must be represented by at least
communication, the liberty of abode, and the 3% of the registered voters. (Id., sec. 32) The
right to travel before these rights may be Constitution also provides that through initiative,
impaired or curtailed. upon a petition of at least 12% of the total
5. The Constitution now provides that numbers of registered voters, of which every
the suspension of the privilege of the legislative district must be represented by at
writ of habeas corpus does not suspend least 3% of the registered voters therein,
the right to bail, thus resolving a doctrinal amendments to the Constitution may be directly
proposed by the people.
dispute of long standing.
6. The suspension of the privilege of the writ
of habeas corpus and the proclamation of Art, XIII, sec. 15 states that the state shall
martial law have been limited to sixty (60) respect the role of independent people's
days and are now subject to the power of organization to enable them to pursue and
Congress to revoke. In addition, the protect, within the democratic framework, their
Supreme Court is given the jurisdiction, legitimate and collective interests and
upon the petition of any citizen to determine the aspirations through peaceful lawful means. For this
purpose, the Constitution guarantees to such
sufficiency of the factual basis of the
organizations the right to participate at all levels of
suspension of the privilege of the writ of
social, political and economic decision- making and
habeas corpus and the proclamation of
the state is required to validate the
martial law.

establishment of adequate mechanism for Article XIII, Section 16 of the 1987 Constitution
this purpose. (Id., sec, 16) provides that the right of the people and their
organizations to participate at all levels of
social, political, and economic decision-making
Phil Con 87; People Power (2000)
shall not be abridged and that the State shall,
No IX. Is the concept of People Power by law, facilitate the establishment of adequate
recognized in the Constitution? Discuss briefly. consultation mechanisms.
(3%) Article XVII, Section 2 of the 1987 Constitution
SUGGESTED ANSWER: provides that subject to the enactment of
Yes, the concept of People Power is an implementing law, the people may
recognized in the Constitution. directly propose amendments to the
Under Section 32. Article VI of the Constitution, Constitution through initiative.
through initiative and referendum, the people can
directly propose and enact laws or approve or
Nature of the Constitution: Constitutional
reject any act or law or part thereof passed by
Supremacy (2004)
the Congress or local legislative body after the
(10-a) BNN Republic has a defense treaty with EVA
registration of a petition therefor signed by at
Federation. According to the Republic's Secretary
least ten per centum of the total number of
of Defense, the treaty allows temporary
registered voters, of which every legislative
basing of friendly foreign troops in case of
district must be represented by at least three
training exercises for the war on terrorism.
per centum of the registered voters thereof.
The Majority Leader of the Senate contends
Under Section 16, Article XIII of the
that whether temporary or not, the basing of
Constitution, the right of the people and their
foreign troops however friendly is prohibited by
organizations to effective and reasonable
the Constitution of BNN which provides that,
participation at all levels of social, political and
"No foreign military bases shall be allowed in
economic decision-making shall not be
BNN territory."
abridged. The State shall, by law facilitate the
establishment of adequate consultation
In case there is indeed an irreconcilable conflict
mechanisms.
between a provision of the treaty and a
provision of the Constitution, in a jurisdiction
Under Section 2. Article XVII of
and legal system like ours, which should
the Constitution, the people may directly
prevail: the provision of the treaty or of the
propose amendments to the Constitution
Constitution? Why? Explain with
through initiative upon a petition of at least
reasons, briefly. (5%)
twelve per centum of the total number of
SUGGESTED ANSWER:
registered voters, of which every legislative In case of conflict between a provision of a
district must be represented by at least three
treaty and a provision of the Constitution, the
per centum of the registered voters therein.
provision of the Constitution should prevail.
Phil Con 87; People Power (2003) Section 5(2)(a), Article VIII of the 1987
Constitution authorizes the nullification of a
No I - Is "people power" recognized by the treaty when it conflicts with the Constitution.
1987 Constitution? Explain fully. (Gonzales v. Hechanova, 9 SCRA 230 [1963]).
SUGGESTED ANSWER:
Government Presidential Form vs. Parlia-
"People power" is recognized in mentary Form (Q6-2006)
the Constitution. 1. a) What is the principal identifying feature
Article III, Section 4 of the 1987 of a presidential form of government?
Explain. (2.5%)
Constitution guarantees the right of the people
SUGGESTED ANSWER:
peaceable to assemble and petition the The principal identifying feature of a presidential
government for redress of grievances. form of government is embodied in the
Article VI, Section 32 of the 1987 Constitution separation of powers doctrine. Each
requires Congress to pass a law allowing the department of government exercises powers
people to directly propose and enact laws granted to it by the Constitution and may not
through initiative and to approve or reject any control, interfere with or encroach upon the acts
act or law or part of it passed by Congress or a local done within the constitutional competence of the
legislative body. others. However, the Constitution also gives each
department certain powers by which it

may definitely restrain the others from prevent infringement of its customs, fiscal,
improvident action, thereby maintaining a immigration or sanitary laws and regulations
system of checks and balances among them, within its territory or territorial sea. (Article 33 of the
thus, preserving the will of the sovereign Convention on the Law of the Sea.)
expressed in the Constitution.
The EXCLUSIVE ECONOMIC ZONE is a zone
b) What are the essential characteristics of a extending up to 200 nautical miles from the
parliamentary form of government? (2.5%) baselines of a state over which the coastal state has
SUGGESTED ANSWER: sovereign rights for the purpose of
The essential characteristics of a parliamentary exploring and exploiting, conserving and
form of government are: the fusion of the managing the natural resources, whether living or
legislative and executive branches in nonliving, of the waters superjacent to the
parliament; the prime minister, who is the head of seabed and of the seabed and subsoil, and with
government, and the members of the cabinet, regard to other activities for the economic
are chosen from among the members of exploitation and exploration of the zone.
parliament and as such are accountable to the (Articles 56 and 57 of the Convention on the
latter; and the prime minister may be Law of the Sea.)
removed from office by a vote of loss of
confidence of parliament. There may be a head of Exclusive Economic Zone; Rights of
state who may or may not be elected. the Coastal State (1994)
No. 11: In the desire to improve the fishing
ARTICLE I National Territory methods of the fishermen, the Bureau of
Archipelagic Doctrine (1989) Fisheries, with the approval of the President,
No. 20: What do you understand by entered into a memorandum of agreement to
the archipelagic doctrine? Is this reflected in allow Thai fishermen to fish within 200 miles
the 1987 Constitution? from the Philippine sea coasts on the condition that
SUGGESTED ANSWER: Filipino fishermen be allowed to use Thai fishing
The ARCHIPELAGIC DOCTRINE emphasizes the equipment and vessels, and to learn modern
unity of land and waters by defining an technology in fishing and canning.
archipelago either as a group of islands
surrounded by waters or a body of waters
1) Is the agreement valid?
studded with islands. For this purpose, it SUGGESTED ANSWER:
requires that baselines be drawn by connecting the 1) No. the President cannot authorize the
appropriate points of the "outermost islands to Bureau of Fisheries to enter into a
encircle the islands within the archipelago. The memorandum of agreement allowing Thai
waters on the landward side of the baselines fishermen to fish within the exclusive economic
regardless of breadth or dimensions are merely zone of the Philippines, because the
internal waters. Constitution reserves to Filipino citizens the use and
enjoyment of the exclusive economic zone of the
Yes, the archipelagic doctrine is reflected in the Philippines.
1987 Constitution. Article I, Section 1 provides
Section 2. Article XII of the Constitution
that the national territory of the Philippines
provides: “The State shall protect the nation's
includes the Philippine archipelago, with all the
islands and waters embraced therein; and the marine part in its archipelagic waters, territorial sea,
waters around, between, and connecting the and exclusive economic zone, and reserve its use
islands of the archipelago, regardless of their and enjoyment to Filipino citizens."
breadth and dimensions, form part of the Section 7, Article XIII of the Constitution
internal waters of the Philippines. provides: "The State shall protect the rights of
subsistence fishermen, especially of local
Contiguous Zone vs. Exclusive Economic communities, to the preferential use of the
Zone (2004) communal marine and fishing resources, both
(2-a-2) Distinguish: The contiguous zone inland and offshore. It shall provide support to
and the exclusive economic zone. such fishermen through appropriate technology and
SUGGESTED ANSWER: research, adequate financial, production, and
CONTIGUOUS ZONE is a zone contiguous to marketing assistance, and other services. The
the territorial sea and extends up to 12 nautical State shall also protect, develop, and
miles from the territorial sea and over which the conserve such resources. The protection shall
coastal state may exercise control necessary to extend to offshore fishing grounds of
subsistence fishermen against foreign intrusion. such as low or non-existent taxation or low
Fishworkers shall receive a just share from their operating costs although the ship has no
labor in the utilization of marine and fishing genuine link with that state. (Harris, Cases and
resources. Materials on International Law, 5th ed., 1998, p. 425.)
Exclusive Economic Zone; Rights of Territory & Government (1996)

the Coastal State (Q1-2005) No. 8: A law was passed dividing the
(c) Enumerate the rights of the coastal state Philippines into three regions (Luzon, Visayas,
in the exclusive economic zone. (3%) and Mindanao), each constituting an
ALTERNATIVE ANSWER: independent state except on matters of foreign
In the EXCLUSIVE ECONOMIC ZONE, the relations, national defense and national
coastal State has sovereign rights for the taxation, which are vested in the Central
purpose of exploring and exploiting, conserving and government. Is the law valid? Explain.
managing the natural resources, whether living or SUGGESTED ANSWER:
non-living, of the waters superjacent to the seabed The law dividing the Philippines into three
and of the seabed and its subsoil, and with regions, each constituting an independent state and
regard to other activities for the economic vesting in a central government matters of foreign
exploitation and exploration of the zone, such as relations, national defense, and national taxation, is
the production of energy from the water, currents unconstitutional.
and winds in an area not extending more than
200 nautical miles beyond the baseline from First, it violates Article I, which guarantees
which the territorial sea is measured. Other the integrity of the national territory of
rights include the production of energy from the the Philippines because it divided the
water, currents and winds, the establishment and Philippines into three states.
use of artificial islands, installations and
structures, marine scientific research and the Second, it violates Section 1, Article II of
protection and preservation of the marine the Constitution, which provides for
environment. (Art. 56, U.N. Convention on the the establishment of democratic and
Law of the Sea) republic States by replacing it with
ALTERNATIVE ANSWER: three States organized as a confederation.
SOVEREIGN RIGHTS — for the purpose of
exploring and exploiting, conserving and Third, it violates Section 22, Article II of the
managing the natural resources, whether living or Constitution, which, while recognizing
non-living, of the seabed and subsoil and the and promoting the rights of indigenous
superjacent waters, and with regard to other cultural communities, provides for national
activities such as the production of energy from the unity and development.
water, currents and winds in an area not
extending more than 200 nautical miles beyond the Fourth, it violates Section 15, Article X of the
baseline from which the territorial sea is Constitution, which, provides for autonomous
measured. (See Art. 56, UNCLOS) regions in Muslim Mindanao and in the
Jurisdiction, inter alia, with regard to: Cordilleras within the framework of national
(1) the establishment and use of artificial sovereignty as well as territorial integrity of the
islands, installations and structures; Republic of the Philippines.
(2) marine scientific research; and
(3) the protection and preservation of Fifth, it violates the sovereignty of the Republic
the marine environment. of the Philippines.
Flag State vs. Flag of Convenience (2004) Territorial Sea vs. Internal Waters (2004)
(2-a-3) Distinguish: The flag state and the flag (2-a-1) Distinguish: The territorial sea and
of convenience. the internal waters of the Philippines.
SUGGESTED ANSWER: SUGGESTED ANSWER:
FLAG STATE means a ship has the nationality of TERRITORIAL SEA is an adjacent belt of sea
the flag of the state it flies, but there must be a with a breadth of 12 nautical miles measured
genuine link between the state and the ship. from the baselines of a state and over which the
(Article 91 of the Convention on the Law of the Sea.) state has sovereignty. (Articles 2 and 3 of the
Convention on the Law of the Sea.) Ship of all
FLAG OF CONVENIENCE refers to a state with states enjoy the right of innocent passage
which a vessel is registered for various reasons
through the territorial sea. (Article 14 of the No. 1; What do you understand by the "Doctrine
Convention on the Law of the Sea.) of Incorporation" in Constitutional Law?
SUGGESTED ANSWER:
Under Section 1, Article I of the 1987 The DOCTRINE OF INCORPORATION means that
Constitution, the INTERNAL WATERS of the the rules of International law form part of the
Philippines consist of the waters around, law of the land and no legislative action is
between and connecting the islands of the required to make them applicable to a country. The
Philippine Archipelago, regardless of their Philippines follows this doctrine, because Section
breadth and dimensions, including the waters in 2. Article II of the Constitution states that the
bays, rivers and lakes. No right of innocent Philippines adopts the generally accepted
passage for foreign vessels exists in the case of principles of international law as part of the law
internal waters. (Harris, Cases and Materials on of the land.
International Law, 5th ed., 1998, p. 407.)
Internal waters are the waters on the landward side Doctrine of Incorporation; Pacta Sunt
of baselines from which the breadth of the territorial Servanda (2000)
sea is calculated. (Brownlie, Principles of Public No X. The Philippines has become a member of the
International Law, 4th ed., 1990, p. 120.) World Trade Organization (WTO) and
resultantly agreed that it "shall ensure the
conformity of its laws, regulations and
ARTICLE II Declaration of administrative procedures with its obligations as
provided in the annexed Agreements." This is
Principles and State Policies assailed as unconstitutional because this
undertaking unduly limits, restricts and impairs
Armed Forces; Servant of the People (2003) Philippine sovereignty and means among
No I - Article II. Section 3, of the 1987 others that Congress could not pass legislation that
Constitution expresses, in part, that the "Armed will be good for our national interest and
Forces of the Philippines is the protector of the general welfare if such legislation will not
people and (of) the State." Describe briefly what this conform with the WTO Agreements. Refute this
provision means. Is the Philippine National Police argument. (5%)
covered by the same mandate? SUGGESTED ANSWER:
FIRST ALTERNATIVE ANSWER: According to Tanada v. Angara, 272 SCRA 18
Article II, Section 3 of the 1987 Constitution (1997), the sovereignty of the Philippines is
means that the Armed Forces of the Philippines subject to restriction by its membership in the
should not serve the interest of the President family of nations and the limitations imposed of
but of the people and should not commit treaty limitations. Section 2. Article II of the
abuses against the people. (Record of the Constitution adopts the generally accepted
Constitutional Commission, Vol. V, p. 133.) This principles of international law as part of the law of
provision is specifically addressed to the Armed the land. One of such principles is pacta sunt
Forces of the Philippines and not to the servanda. The Constitution did not envision a
Philippine National Police, because the latter is hermit-like isolation of the country from the rest of
separate and distinct from the former. (Record of
the world.
the Constitutional Commission, Vol. V, p. 296;
Manalo v. Sistoza. 312 SCR A 239 [1999].) Freedom from Nuclear Weapons; Foreign
SECOND ALTERNATIVE ANSWER: Military Bases (1988)
Article II, Section 3 of the 1987 Constitution can be No. 22: The Secretary of Justice had recently
interpreted to mean that the Armed Forces of ruled that the President may negotiate for a
the Philippines can be a legitimate instrument for modification or extension of military bases
the overthrow of the civilian government if it has agreement with the United States regardless of the
ceased to be the servant of the people. "no nukes" provisions in the 1987
(Bernas, The 1987 Constitution of the Philippines: A Constitution. The President forthwith
Commentary, 2003 ed., p. 66.) This provision announced that she finds the same opinion
does not apply to the Philippine National Police, "acceptable" and will adopt it. The Senators on the
because it is separate and distinct from the other hand, led by the Senate President, are
Armed Forces of the Philippines. (Record of the skeptical, and had even warned that no treaty
Constitutional Commission, Vol. V, p. 296, Manalo v.
or international agreement may go into effect
Sistoza. 312 SCRA 239 [1999].)
without the concurrence of two-thirds of all
Doctrine of Incorporation; Constitutional members of the Senate.
Law (1997)
A former senator had said, "it is completely the flag must be recognized by law, it
wrong, if not erroneous," and "is an amendment of implies that certain aspects of the flag are
the Constitution by misinterpretation." Some subject to change through legislative action.
members of the Lower House agree with
Secretary Ordonez, while others lament the Principle of Civilian Supremacy (Q6-2006)
latter's opinion as "questionable, unfortunate, and 2. What Constitutional provisions institutionalize
without any basis at all." the principle of civilian supremacy? (2.5%)
Do you or do you not agree with SUGGESTED ANSWER:
the aforementioned ruling of the The following constitutional
Department of Justice? Why? provisions institutionalize the principle
SUGGESTED ANSWER: of civilian supremacy:
No. The Constitution provides that if foreign a. Civilian authority is at all times supreme
military bases, troops or facilities are to be over the military. [Article II, Section 3]
allowed after the expiration of the present b. The installation of the President,
Philippine-American Military Bases Agreement in the highest civilian authority, as
1991, it must be "under a treaty duly the Commander-in-Chief of the military.
concurred in by the Senate and, when the [Ar- ticle VII, Section 18]
Congress so requires, ratified by a majority of c. The requirement that members of
the votes cast by the people in a national the AFP swear to uphold and
referendum." (Art. XVIII, sec. 25) A mere defend the Constitution, which is the
agreement, therefore, not a treaty, without the fundamental law of the civil
concurrence of at least 2/3 of all the members government. [Article XVI, Section 5(1)]
of the Senate will not be valid (Art. VII, sec. 21, Art. d. The requirement that members of
XVIII, sec. 4). With respect to the provision allowing the AFP shall have respect for people's
nuclear weapons within the bases, the Constitution rights in the performance of their duty.
appears to ban such weapons from the Philippine [Article XVI, Section 5(2)]
territory. It declares as a state policy that "the e. Professionalism in the armed forces.
Philippines, consistent with the national interest, [Article XVI, Section 5(3)]
adopts and pursues a policy of freedom from f. Insulation of the AFP from partisan
nuclear weapons in its territory." (Art, II, sec. 8) politics. [Article XVI, Section 5(3)]
However, the deliberations of the Constitutional g. Prohibition against the appointment of an AFP
Commission would seem to indicate that this member in the active service to a civilian
provision of the Constitution is "not something position. [Article XVI, Section 5(4)]
absolute nor 100 percent without exception." h. Compulsory retirement of officers
It may therefore be that circumstances may without extension of service. [Article XVI,
justify a provision on nuclear weapons. Section 5(5)]
i. Requirement of proportional recruitment
from all provinces and cities, so as to
Philippine Flag (Q4-2006) avoid any regional clique from forming
State whether or not the law is within the AFP. [Article XVI, Section 5(7)]
constitutional. Explain briefly. j. A 3-year limitation on the tour of duty of
1. A law changing the design of the Chief of Staff, which although
the Philippine flag. (2%) extendible in case of emergency by the
ALTERNATIVE ANSWER: President, depends on Congressional
The law is invalid considering that under Article declaration of emergency. [Article XVI,
XVI, Section 1 of the 1987 Constitution, the flag Section 5(6)]
of the Philippines shall be red, white, and blue, The establishment of a police force that is
with a sun and three stars, as consecrated and not only civilian in character but also under the
honored by the people and recognized by local executives. [Article XVI, Section 5(7)]
law. Since the Constitution itself
prescribes the design, it can only be changed State Immunity from Suit (1991)
by constitutional amendment. No. 13; In February 1990, the Ministry of the
ALTERNATIVE ANSWER: Army. Republic of Indonesia, invited bids for the
The law is valid, provided that the new design supply of 500,000 pairs of combat boots for the use
does not change the elements and color of the Indonesian Army. The Marikina Shoe
scheme of the flag as stated in the Constitution, and Corporation, a Philippine corporation, which has no
the flag is consecrated and honored by the people. branch office and no assets in Indonesia,
Since the Constitution itself states that submitted a bid to supply 500,000 pairs of
combat boots at U.S. $30 per pair delivered in Consent to the exercise of jurisdiction of
Jakarta on or before 30 October 1990. The a foreign court does not include waiver of
contract was awarded by the Ministry of the the separate immunity from execution.
Army to Marikina Shoe Corporation and was (Brownlie, Principles of Public International
signed by the parties in Jakarta. Marikina Shoe Law, 4th ed., p. 344.) Thus, in Dexter vs.
Corporation was able to deliver only 200,000 Carpenter vs. Kunglig Jarnvagsstyrelsen, 43
pairs of combat boots in Jakarta by 30 October Fed 705, it was held the consent to be sued
1990 and it received payment for 100,000 pairs or a does not give consent to the attachment of
total of U.S. $3,000,000.00. The Ministry of the the property of a sovereign government.
Army promised to pay for the other 100,000 pairs
already delivered as soon as the State Immunity from Suit (1996)
remaining 300,000 pairs of combat boots are No. 6; The Republic of the Balau (formerly
delivered, at which time the said 300,000 pairs will Palau Islands) opened and operated in Manila
also be paid for. Marikina Shoe Corporation failed to an office engaged in trading Balau products with
deliver any more combat boots. Philippine products. In one transaction, the
local buyer complained that the Balau goods
On 1 June 1991, the Republic of Indonesia filed an delivered to him were substandard and he sued
action before the Regional Trial Court of Pasig. the Republic of Balau, before the Regional
Rizal, to compel Marikina Shoe Corporation Trial Court of Pasig, for damages.
to perform the balance of its obligations under a) How can the Republic of Balau invoke its
the contract and for damages. In its Answer, sovereign immunity? Explain.
Marikina Shoe Corporation sets up a b) Will such defense of sovereign
counterclaim for U.S. $3,000,000.00 immunity prosper? Explain.
representing the payment for the 100,000 pairs of SUGGESTED ANSWER:
combat boots already delivered but unpaid. A) The Republic of Balau can invoke
Indonesia moved to dismiss the counterclaim, its sovereign Immunity by filing a motion to
asserting that it is entitled to sovereign dismiss in accordance with Section l(a), Rule
Immunity from suit. The trial court denied the 16 of the Rules of Court on the ground that the
motion to dismiss and issued two writs of court has no jurisdiction over its person.
garnishment upon Indonesian Government
funds deposited in the Philippine National Bank and According to the Holy See vs. Rosario, 238
Far East Bank. Indonesia went to the Court of SCRA 524, in Public International Law, when a
Appeals on a petition for certiorari under Rule 65 of State wishes to plead sovereign immunity in a
the Rules of Court. foreign court, it requests the Foreign Office of
How would the Court of Appeals decide the the State where it is being sued to convey to
case? the court that it is entitled to immunity. In the
SUGGESTED ANSWER: Philippines, the practice is for the foreign
The Court of Appeals should dismiss the government to first secure an executive
petition insofar as it seeks to annul the order endorsement of its claim of sovereign immunity. In
denying the motion of the Government of some cases, the defense of sovereign
Indonesia to dismiss the counterclaim. The immunity is submitted directly to the local court by
counterclaim in this case is a compulsory the foreign government through counsel by filing
counterclaim since it arises from the same a motion to dismiss on the ground that the court has
contract involved in the complaint. As such it no Jurisdiction over its person.
must be set up otherwise it will be barred.
Above all, as held in Froilan vs. Pan Oriental b) No, the defense of sovereign Immunity will
Shipping Co., 95 Phil. 905, by filing a complaint, the not prosper. The sale of Balau products is a
state of Indonesia waived its immunity from suit. It contract involving a commercial activity. In
is not right that it can sue in the courts but it United States vs. Ruiz, 136SCRA487 and
cannot be sued. The defendant therefore acquires United States vs. Guinto, 182 SCRA 644, it was
the right to set up a compulsory stated that a foreign State cannot invoke
counterclaim against it. Immunity from suit if it enters into a commercial
contract. The Philippines adheres to
However, the Court of Appeals should grant the RESTRICTIVE SOVEREIGN IMMUNITY.
petition of the Indonesian government insofar as
it sought to annul the garnishment of the funds State Immunity from Suit (1989)
of Indonesia which were deposited in the Philippine No. 13: A property owner filed an action directly
National Bank and Far East Bank. in court against the Republic of the Philippines
seeking payment for a parcel of land which the SUGGESTED ANSWER:
national government utilized for a road 1) Yes, the Municipality of Calumpit is liable for
widening project. the negligence of its driver Johnny.
(1) Can the government invoke the doctrine of Under Section 24 of the Local Government
non-suitability of the state? Code, local government units are not
(2) In connection with the preceding question, exempt from liability for death or injury to
can the property owner garnish public persons or damage to property.
funds to satisfy his claim for ALTERNATIVE ANSWER:
payment? Explain your answers. No, the municipality is not liable for the
SUGGESTED ANSWER: negligence of Johnny, the prevailing rule in the
(1) No, the government cannot invoke the law of municipal corporations is that
doctrine of state of immunity from suit. As held in a municipality is not liable for the torts
Ministerio vs. Court of First Instance of Cebu, 40 committed by its regular employees in the
SCRA 464, when the government discharge of governmental functions. The
expropriates property for public use without municipality is answerable only when it
paying just compensation, it cannot invoke its is acting in a proprietary capacity.
immunity from the suit. Otherwise, the right
guaranteed in Section 9, Article III of the 1987 In the case at bar, Johnny was a regular
Constitution that private property shall not be employee of the Municipality of Calumpit as
taken for public use without just compensation driver of its dump truck; he committed a tortious act
will be rendered nugatory. while discharging a governmental function for the
municipality, ie., driving recklessly the said truck
(2) No, the owner cannot garnish public funds to loaded with sand for the repair of municipal
satisfy his claim for payment, Section 7 of Act No. streets. Undoubtedly then, Johnny as driver of the
3083 prohibits execution upon any judgment dump truck was performing a duty or task pertaining
against the government. As held in Republic vs. to his office. The construction or maintenance of
Palacio, 23 SCRA 899, even if the government may public streets are admittedly governmental
be sued, it does not follow that its properties may be activities. At the time of the accident, Johnny
seized under execution. was engaged in the discharge of governmental
ALTERNATIVE ANSWER: functions.
(2) No, funds of the government on deposit in
the bank cannot be garnished for two reasons: 1. Hence, the death of the two passengers of the
Under Art. II, Sec. 29 (1) public funds jeepney -tragic and deplorable though it may be -
cannot be spent except in pursuance of an imposed on the municipality no duty to pay
appropriation made by law, and monetary compensation, as held in Municipality of
2. essential public services will be impaired if San. Fernando v. Firme, 195 SCRA 692.
funds of the government were subject
to execution, (Commissioner of State Immunity from Suit (1992)
Public Highways vs. San Diego, 31 No. 9: The Northern Luzon Irrigation Authority
SCRA 616 (1970)). The remedy of the (NLIA) was established by a legislative charter
prevailing party is to have the judgment to strengthen the irrigation systems that supply
credit in his favor included in the general water to farms and commercial growers in the
appropriations law for the next year. area. While the NLIA is able to generate
revenues through its operations, it receives an
State Immunity from Suit (1994) annual appropriation from Congress. The NLIA is
No. 6; Johnny was employed as a driver by the authorized to "exercise all the powers of a
Municipality of Calumpit, Bulacan. While driving corporation under the Corporation Code."
recklessly a municipal dump truck with its
load of sand for the repair of municipal Due to a miscalculation by some of its
streets, Johnny hit a jeepney. Two employees, there was a massive irrigation
passengers of the jeepney were killed. overflow causing a flash flood in Barrio Zanjera. A
child drowned in the incident and his parents now
The Sangguniang Bayan passed an file suit against The NLIA for damages.
ordinance appropriating P300,000 as
compensation for the heirs of the victims. May the NLIA validly invoke the immunity of the
1) Is the municipality liable for the negligence State from suit? Discuss thoroughly.
of Johnny? SUGGESTED ANSWER:
2) Is the municipal ordinance valid?
No, the Northern Luzon Irrigation Authority may not
invoke the immunity of the State from suit, State Immunity from Suit (1999)
because, as held in Fontanilla vs. Maliaman, No VI - B. The employees of the Philippine
179 SCRA 685 and 194 SCRA 486, irrigation is a Tobacco Administration (PTA) sued to recover
proprietary function. Besides, the Northern Luzon overtime pay. In resisting such claim, the PTA
Irrigation Authority has a juridical personality theorized that it is performing governmental
separate and distinct from the government, a functions. Decide and explain. (2%)
suit against it is not a suit against the SUGGESTED ANSWER:
State. Since the waiver of the immunity from As held in Philippine Virginia Tobacco
suit is without qualification, as held in Rayo vs. Administration v. Court of Industrial Relations, 65
Court of First Instance of Bulacan, 110 SCRA SCRA 416, the Philippine Tobacco
456, the waiver includes an action based on a Administration is not liable for overtime pay,
quasi-delict. since it is performing governmental functions.
Among its purposes are to promote the
effective merchandising of tobacco so that
those engaged in the tobacco industry will have
economic security, to stabilize the price of
tobacco, and to improve the living and
(e.g. C.A.
v. Ruiz, U.S. v. Guinto)
State Immunity from Suit (1999)

A. 1.) What do you understand by
state immunity from suit? Explain. (2%)
2.) How may consent of the state to be
sued be given? Explain. (2%)
SUGGESTED ANSWER:
1.) STATE IMMUNITY FROM SUIT means
that the State cannot be sued without its
consent. 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.
2.) 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
327 as amended by PD 1445} or impliedly as when
the State engages in proprietary functions (U.S.
or when it files a suit in
which case the adverse party may file
a counterclaim (Froilan v. Pan Oriental Shipping)
or when the doctrine would in effect be
used to perpetuate an injustice (Amigable v.
Cuenca, 43 SCRA 360).
economic conditions of those engaged in state's immunity from suit. As held in Ministerio v.
the tobacco industry. Court of First Instance. 40 SCRA 464 (1971), which
also involved the taking of private property
State Immunity from Suit (1987) without the benefit of expropriation proceeding,
(a) "X" filed a case against the Republic of the "The doctrine of governmental immunity from
Philippines for damages caused his yacht, suit cannot serve as an instrument for
which was rammed by a navy vessel. perpetrating an injustice on a citizen. . . . When
(b) "X" also sued in another case the the government takes any property for public
Secretary of Public Works and the use, which is conditional upon the payment of
Republic of the Philippines for payment of just compensation, to be judicially ascertained, it
the compensation of the value of his land, makes manifest that it submits to the jurisdiction
which was used as part of the tarmac of of the court." The Solicitor General's motion to
the Cebu International Airport, without prior dismiss should, therefore, be denied.
expropriation proceedings.
The Solicitor General moved to dismiss the two State Immunity vs. Waiver of Immunity
cases invoking state immunity from suit Decide. (1997)
SUGGESTED ANSWER: No, 6: It is said that "waiver of immunity by the
(a) The government cannot be sued for State does not mean a concession of
damages considering that the agency which its liability". What are the implications of
caused the damages was the Philippine Navy. this phrase?
Under Art. 2180 of the Civil Code, the state SUGGESTED ANSWER:
consents to be sued for a quasi-delict only The phrase that waiver of immunity by the State
when the damage is caused by its special does not mean a concession of liability means
agents. Hence, the Solicitor General's motion that by consenting to be sued, the State does
should be granted and the suit brought by "X" not necessarily admit it is liable. As stated in
be dismissed. Philippine Rock Industries, Inc. vs. Board of
Liquidators, 180 SCRA 171, in such a case the
(b) But the government CANNOT INVOKE 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. c) Section 1, Article XVII of the Constitution
provides: "The FLAG OF THE PHILIPPINES
State Immunity from Suit (1993) shall be red, white, and blue, with a sun and
No 19: Devi is the owner of a piece of land. three stars, as consecrated and honored by the
Without prior expropriation or negotiated sale, people and recognized by law."
the national government used a portion thereof for
the widening of the national highway. Devi filed Section 2, Article XVI of the Constitution states:
a money claim with the Commission on Audit The Congress may by law, adopt a new
which was denied. Left with no other recourse, name for the country, a national anthem, or a
Devi filed a complaint for recovery of property national seal, which shall all be truly
and/or damages against the Secretary of Public reflective and symbolic of the ideals, history,
Works and Highways and the Republic of and traditions of the people. Such law shall
the Philippines, The defendant moved for take effect only upon its ratification by the
dismissal of the complaint contending that people in a national referendum."
the government cannot be sued without its
consent. The RTC dismissed the complaint. On d) Section 22, Article II of the Constitution
appeal, how would you decide the case. provides: The State recognizes and promotes
the rights of INDIGENOUS CULTURAL
SUGGESTED ANSWER: COMMUNITIES within the framework of
The order dismissing the complaint should be national unity and development."
reversed. In Ministerio v. Court of First Instance of
Cebu, 40 SCRA 464, it was held that when the Section 5, Article XII of the Constitution reads:
government takes property from a private The State, subject to the provisions of this
landowner without prior expropriation or Constitution and national development policies
negotiated sale, the landowner may maintain a suit and programs, shall protect the rights of
against the government without violating the indigenous cultural communities to their
doctrine of government Immunity from suit. The ancestral lands to ensure their economic, social and
government should be deemed to have waived cultural well-being.
impliedly its immunity from suit. Otherwise,
the constitutional guarantee that private The Congress may provide for the applicability
property shall not be taken for public use without of customary laws governing property rights or
just compensation will be rendered nugatory. relations in determining the ownership and
extent of the ancestral domains."
State Principles & Policies (1994) Section 6, Art. XIII of the Constitution provides: The
No. 1; What is the state policy on: State shall apply the principles of
a) working women? AGRARIAN REFORM or stewardship,
b) ecology? whenever applicable in accordance with law, in the
c) the symbols of statehood? disposition or utilization of other natural
d) cultural minorities? resources, including lands of the public domain
e) science and technology? under lease or concession suitable to
agriculture, subject to prior rights, homestead
SUGGESTED ANSWER: rights of small settlers, and the rights of
a) Section 14, Article XIII of the Constitution indigenous communities to their ancestral
provides: "The State shall protect WORKING lands.
WOMEN by providing safe and healthful
working conditions, taking into account their The State may resettle landless farmers
maternal functions, and such facilities and and farm workers in its own agricultural
opportunities that will enhance their welfare and estates which shall be distributed to them in
enable them to realize their full potential in the the manner provided by law."
service of the nation."
Section 17. Article XIV of the Constitution
b) Section 16, Article II of the Constitution states: "The State shall recognize, respect and
provides: The State shall protect and advance protect the rights of indigenous cultural
the right of the people and their posterity to a communities to preserve and develop their
balanced and healthful ECOLOGY in accord with cultures, traditions, and institutions. It shall
the rhythm and harmony of nature."
consider these rights in the formulation Section 12, Article XIV of the Constitution
of national plans and policies." reads: The State shall regulate the transfer and
promote the adaptation of technology from all
e) Section 17, Article II of the Constitution sources for the national benefit. It shall
provides: "The State shall give priority to encourage widest participation of private
EDUCATION, SCIENCE and TECHNOLOGY, groups, local governments, and community-
ARTS, CULTURE, and SPORTS to foster based organizations in the generation and
patriotism and nationalism, accelerate social utilization of science and technology."
progress, and promote total human liberation
NOTE: It is suggested that if an examinee gave a substantive
and development." answer without giving the exact provisions of the Constitution,
then he should be given full credit. Further, one provision
Section 14, Article XII of the Constitution reads in quoted/discussed by the examinee should be sufficient for him to
part: "The sustained development of a be given full credit.
reservoir of NATIONAL TALENTS consisting of
Filipino scientists, entrepreneurs, professionals, Transparency; Matters of Public
managers, high-level technical manpower and Interest (1989)
skilled workers and craftsmen shall be No. 3: Does the 1987 Constitution provide for a
promoted by the State, The State shall policy of transparency in matters of
encourage appropriate technology and regulate Its public interest? Explain.
transfer for the national benefit. SUGGESTED ANSWER:
Yes, the 1987 Constitution provides for a policy
Sub-section 2, Section 3. Article XIV of the of transparency in matters of public interest.
Constitution states: "They (EDUCATIONAL Section 28, Article II of the 1987
INSTITUTIONS) shall inculcate patriotism and Constitution provides:
nationalism, foster love of humanity, respect for 1. "Subject to reasonable conditions
human rights, appreciation of the role of prescribed by law, the State adopts and
national heroes in the historical development of the implements a policy of full disclosure of all
country, teach the rights and duties of its transactions involving public interest,"
citizenship, strengthen ethical and spiritual
values, develop moral character and personal 2. Section 7, Article III of the 1987 Constitution
discipline, encourage critical and creative states: "The right of the people
thinking, broaden scientific and technological to information on matters of public
knowledge, and promote vocational efficiency." concern shall be recognized, Access
to official records, and to documents,
Section 10. Article XIV of the Constitution and papers pertaining to official acts,
declares: "SCIENCE and TECHNOLOGY are transactions, or decisions, as well as
essential for national development and to government research data used as
progress. The State shall give priority to basis for policy development, shall be
research and development, invention, afforded the citizen, subject to such
innovation, and their utilization; and to science limitations as may be provided by law."
and technology education, training, services. It
shall support indigenous, appropriate, and self- 3. Section 20, Article VI of the 1987
reliant scientific and cultural capabilities, and Constitution reads: "The records and books of
their application to the country's productive account of the Congress shall be
systems and national life." preserved and be open to the public in
accordance with law, and such books shall be
Section 11, Article XIV of the Constitution audited by the Commission on Audit which
provides: "The Congress may provide for shall publish annually an itemized list of
incentives, including TAX DEDUCTIONS, to amounts paid to and expenses incurred for
encourage private participation in programs of each member."
basic and applied scientific research.
Scholarships, grants-in-aid or other forms of 4. Under Section 17, Article XI of the 1987
Incentives shall be provided to deserving Constitution, the sworn statement of assets,
science students, researchers, scientists, liabilities and net worth of the President, the
investors, technologists, and specially gifted Vice-President, the Members of the
citizens." Cabinet, the Congress, the Supreme Court, the
Constitutional Commission and other
constitutional offices, and officers of the

armed forces with general or flag rank filed
upon their assumption of office shall be 5. "A public officer or employee shall, upon
disclosed to the public in the assumption of office, and as often as thereafter may
manner provided by law. be required by law, submit a declaration under
oath of his assets, liabilities, and net worth. In
5. Section 21, Article XII of the Constitution the case of the President, the Vice President,
declares: "Information on foreign loans the Members of the Cabinet, the Congress,
obtained or guaranteed by the government the Supreme Court, the Constitutional
shall be made available to the public." Commissions and other constitutional
offices, and officers of the armed forces with
6. As held in Valmonte vs. Belmonte, G.R. No. general or flag rank, the declaration shall be
74930, Feb. 13, 1989, these provisions disclosed to the public in the manner provided
on public disclosures are intended to by law." (Section 17, Article XI)
enhance the role of the citizenry in
governmental decision-making as well 6. "Information on foreign loans obtained or
as in checking abuse in government. guaranteed by the Government shall be made
available to the public." (Section 21 Article XII)
Transparency; Matters of Public As explained In Valmonte v. Belmonte,
Interest (2000) 170 SCRA 256 (1989), the purpose of
No V. State at least three constitutional the policy is to protect the people from
provisions reflecting the State policy on abuse of governmental power. If access to
transparency in matters of public interest. What is information of public concern is
the purpose of said policy? (5%) denied, the postulate "public office is a
SUGGESTED ANSWER: public trust" would be mere empty
The following are the constitutional words.
provisions reflecting the State policy on {Note: The examinee should be given
transparency in matters of public interest: full credit if he gives any three of the
1. "Subject to reasonable conditions above-mentioned provisions.}
prescribed by law, the State adopts and
Implements a policy of full public disclosure of ARTICLE III Bill of Rights
all its transactions involving public interest."
(Section 28, Article II) Bill of Attainder (1987)
No. XI: Congress passed a law relating
2. The right of the people to information on
to officials and employees who had served
matters of public concern shall be recognized.
in the Government for the period from
Access to official records, and to documents,
September 21, 1972 up to February 25, 1986.
and papers pertaining to official acts, (a) One provision of the law declared all
transactions, or decisions, as well as to officials from the rank of assistant head of a
government research data used as basis for department, bureau, office or agency
policy development, shall be afforded to citizen, "Unfit" for continued service in the
subject to such limitations as may be provided government and declared their respective
by law." (Section 7, Article III) positions vacant.
(b) Another provision required all the other
3. The records and books of accounts of the
officials and employees to take an oath of
Congress shall be preserved and be open to
loyalty to the flag and government as a
the public in accordance with law, and such condition for their continued employment.
books shall be audited by the Commission on Are the two provisions valid? Why?
Audit which shall publish annually an itemized SUGGESTED ANSWER:
list of amounts paid to and expenses incurred (a) The law is a bill of attainder by
for each Member." (Section 20. Article VI) which Congress, by assuming judicial
magistracy, in effect declares all officials
4. The Office of the Ombudsman shall have
and employees during martial law
the following powers, functions, and duties:
(September 21, 1972- February 25, 1986)
XXX XXX
as disloyal and, on this basis, removes
(6) Publicize matters covered by its
some while subjecting others to a loyalty test.
investigation when circumstances so
warrant and with due prudence," With respect to the provision declaring positions
(Section 12, Article XI) vacant, even the power to reorganize can not
be invoked because under the Freedom
Constitution such power can be exercised only by Custodial Investigation;
the President and only up to February 25, 1987. Extrajudicial Confession (2001)
Since the law under question was presumably No IX - Rafael, Carlos and Joseph were
passed after February 25, 1987 and by accused of murder before the Regional Trial
Congress, it is unconstitutional. Court of Manila. Accused Joseph turned state
witness against his co-accused Rafael and
(b) With respect to the provision requiring Carlos, and was accordingly discharged from the
the loyalty test, loyalty as a general rule information. Among the evidence presented by
is a relevant consideration in assessing the prosecution was an extrajudicial
employees' fitness. However, the requirement confession made by Joseph during the
in this case is not a general requirement custodial Investigation, implicating Rafael and
but singles out "martial law" employees Carlos who, he said, together with him
and therefore is administered in a (Joseph), committed the crime. The
discriminatory manner. Loyalty, therefore, extrajudicial confession was executed without the
while a relevant consideration in other assistance of counsel.
circumstances, is being employed in this
case for an unconstitutional purpose. Accused Rafael and Carlos
vehemently objected on the ground that
Bill of Attainder (1990) said extrajudicial confession was
No. 1; Executive Orders Nos. 1 and 2 issued by inadmissible in evidence against them.
President Corazon C. Aquino created the
Presidential Commission on Good Government Rule on whether the said
(PCGG) and empowered it to sequester any extrajudicial confession is admissible in
property shown prima facie to be ill-gotten evidence or not. (5%)
wealth of the late President Marcos, his FIRST ALTERNATIVE ANSWER:
relatives and cronies. Executive Order No. 14 According to People vs. Balisteros, 237 SCRA
vests on the Sandiganbayan jurisdiction to try 499 (1994), the confession is admissible. Under
hidden wealth cases. On April 14, 1986, after Section 12, Article III of the Constitution, the
an investigation, the PCGG sequestered the confession is inadmissible only against the one who
assets of X Corporation, Inc. confessed. Only the one whose rights were violated
(1) X Corporation, Inc. claimed that can raise the objection as his right is personal.
President Aquino, as President, could
not lawfully issue Executive Orders SECOND ALTERNATIVE ANSWER;
Nos. 1, 2 and 14, which have the force According to People us. Jara, 144
of law, on the ground that legislation is a SCRA 516(1986), the confession is
function of Congress. Decide. inadmissible. If it is inadmissible against the
(2) Said corporation also questioned the one who confessed, with more reason it
validity of the three executive orders on the should be inadmissible against others.
ground that they are bills of attainder and,
therefore, unconstitutional. Decide. Custodial Investigation; Extrajudicial
SUGGESTED ANSWER: Confession; Police Line-Up (1994)
(1) Executive Orders Nos. 1, 2 and 14 No. 10: An information for parricide was filed
were issued in 1986. At that time President against Danny. After the NBI found an
Corazon Aquino exercised legislative power .... eyewitness to the commission of the crime.
Danny was placed in a police line-up where he was
(2) Executive Orders Nos. 1, 2 and 14 are not identified as the one who shot the victim. After
bills of attainder. A bill of attainder is a the line-up, Danny made a confession to a
legislative act which inflicts punishment without newspaper reporter who interviewed him.
judicial trial. Accordingly, it was held in Bataan 1) Can Danny claim that his identification
Shipyards and Engineering company. Inc. v. by the eyewitness be excluded on the
Presidential Commission on Good Government, that ground that the line-up was made
Executive Orders Nos. 1, 2 and 14 are not bills of without benefit of his counsel?
attainder, because they do not inflict any 2) Can Danny claim that his confession be
punishment. On the contrary, they expressly excluded on the ground that he was
provide that any judgment that the property not afforded his "Miranda" rights?
sequestered is ill-gotten wealth is to be made SUGGESTED ANSWER:
by a court (the Sandiganbayan) only after trial.
1) No, the identification of Danny, a private valid under Section 5(b).Rule 113 of the Rules
person, by an eyewitness during the line-up on Criminal Procedure. According to People vs.
cannot be excluded in evidence. In accordance with Lamsing, 248 SCRA 471, the right to counsel
the ruling in People vs. Hatton, 210 SCRA 1, the does not extend to police line-ups, because they
accused is not entitled to be assisted by counsel are not part of custodial investigations. However,
during a police line-up, because it is not part of according to People vs. Macan 238 SCRA 306,
custodial investigation. after the start of custodial investigation, if
the accused was not assisted by counsel, any
ALTERNATIVE ANSWER; identification of the accused in a police line-up is
Yes, in United States v. Wade, 338 U.S. 218 inadmissible.
(1967) and Gilbert v. California, 338 U.S. 263
(1967). it was held that on the basis of the Custodial Investigation; Right to Counsel
Sixth, rather than the Fifth Amendment (1988)
(equivalent to Art. III, Sec. 14 (2) rather than No. 15: Armando Salamanca, a notorious
Sec. 12(1)), the police line-up is such a critical stage police character, came under custodial
that it carries "potential substantial investigation for a robbery in Caloocan City.
prejudice" for which reason the accused is From the outset, the police officers informed
entitled to the assistance of Counsel. him of his right to remain silent, and also
his right to have a counsel of his choice, if
2) No. Danny cannot ask that his confession to he could afford one or if not, the government
a newspaper reporter should be excluded in would provide him with such counsel.
evidence. As held in People vs. Bernardo, 220
SCRA 31, such an admission was not He thanked the police investigators, and
made during a custodial interrogation but a declared that he fully understands the rights
voluntary statement made to the media. enumerated to him, but that, he is voluntarily
waiving them. Claiming that he sincerely
Custodial Investigation; Police Line-Up desires to atone for his misdeeds, he gave a
(1997) written statement on his participation in the
No. 10: A, while on board a passenger jeep one crime under investigation.
night, was held up by a group of three
teenagers who forcibly divested her of her In the course of the trial of the criminal case for the
watch, necklace and wallet containing P100.00. same robbery, the written admission of
That done, the trio jumped off the passenger Salamanca which he gave during the custodial
jeep and fled. B, the jeep driver, and A investigation, was presented as the only
complained to the police to whom they gave evidence of his guilt. If you were his counsel,
description of the culprits. According to the jeep what would you do? Explain your answer.
driver, he would be able to identify the culprits if SUGGESTED ANSWER:
presented to him. Next morning A and B were I would object to it on the ground that the waiver of
summoned to the police station where five the rights to silence and to counsel is void,
persons were lined up before them for having been made without the presence of
identification. A and B positively identified C and counsel. (Art. III, sec. 12(1); People v. Galit, 135
D as the culprits. After preliminary SCRA 465 (1980). The waiver must also be in
investigation. C and D and one John Doe were writing, although this requirement might
charged with robbery in an information filed possibly have been complied with in this case
against them in court. C and D set up, in by embodying the waiver in the written
defense, the illegality of their apprehension, confession. It should also be noted that under
arrest and confinement based on the Rule 134, sec. 3, even if the extrajudicial
identification made of them by A and B at a confession is valid, it is not a sufficient ground
police line-up at which they were not assisted for conviction if it is not corroborated by
by counsel. How would you resolve the issues evidence of corpus delicti.
raised by C and D?
SUGGESTED ANSWER: Custodial Investigation; Right to Counsel
The arguments of the accused are untenable. (1993)
As held in People vs. Acot, 232 SCRA 406, the No. 17; In his extrajudicial confession executed
warrantless arrest of accused robbers before the police authorities, Jose Walangtakot
Immediately after their commission of the crime by admitted killing his girlfriend in a fit of jealousy.
police officers sent to look for them on the This admission was made after the
basis of the information related by the victims is following answer and question to wit:
T - Ikaw ay may karapatan pa rin kumuha ng SUGGESTED ANSWER:
serbisyo ng isang abogado para makatulong mo
The confession of Ramos is not admissible,
sa imbestigasyong ito at kung wala kang
makuha, ikaw ay aming bibigyan ng libreng since the counsel assigned to him did
abogado, ano ngayon ang iyong masasabi?" not advise him of his rights. The fact
"S - Nandiyan naman po si Fiscal (point that his confession was taken before the
to Assistant Fiscal Aniceto Malaputo) kaya effectivity of the 1987 Constitution is of no
hindi ko na kinakailanganang abogado." moment. Even prior to the effectivity of the
1987 Constitution, the Supreme Court
During the trial. Jose Walangtakot repudiated his already laid down strict rules on waiver of
confession contending that it was made without the rights during investigation in the case of
the assistance of counsel and therefore People v. Galit, 135 SCRA 465 (1985).
Inadmissible in evidence. Decide.
SUGGESTED ANSWER: Custodial Investigation; Right to Counsel;
The confession of Jose Walangtakot is Receipt of Property Seized (2002)
inadmissible in evidence. The warning given to him No VIII. One day a passenger bus conductor
is insufficient in accordance with the ruling in found a man's handbag left in the bus. When
People v. Duero, 104 SCRA 379, he should the conductor opened the bag, he found inside a
have been warned also that he has the right to catling card with the owner's name (Dante
remain silent and that any statement he makes may Galang) and address, a few hundred peso bills, and
be used as evidence against him. Besides, under a small plastic bag containing a white
Art. III, Sec. 12(1) of the Constitution, the counsel powdery substance. He brought the powdery
assisting a person being investigated must be substance to the National Bureau of
independent. Assistant Fiscal Aniceto Malaputo Investigation for laboratory examination and it
could not assist Jose Walangtakot. As held in was determined to be methamphetamine
People v. Viduya, 189 SCRA 403, his function is hydrochloride or shabu, a prohibited drug.
to prosecute criminal cases. To allow him to act as Dante Galang was subsequently traced and
defense counsel during custodial investigations found and brought to the NBI Office where he
would render nugatory the constitutional admitted ownership of the handbag and its
rights of the accused during custodial contents. In the course of the interrogation by
investigation. What the Constitution requires is NBI agents, and without the presence and
a counsel who will effectively undertake the assistance of counsel, Galang was made to sign
defense of his client without any conflict of a receipt for the plastic bag and its shabu contents.
interest. The answer of Jose Walangtakot Galang was charged with illegal possession
indicates that he did not fully understand his of prohibited drugs and was convicted.
rights. Hence, it cannot be said that he knowingly
and intelligently waived those rights. On appeal he contends that -
A. The plastic bag and its contents are
inadmissible in evidence being the product of
Custodial Investigation; Right to Counsel an illegal search and seizure; (3%) and
(2000) B. The receipt he signed is also inadmissible
No XI. On October 1, 1985, Ramos was as his rights under custodial investigation
arrested by a security guard because he were not observed. (2%)
appeared to be "suspicious" and brought to a Decide the case with reasons.
police precinct where in the course of the SUGGESTED ANSWER:
investigation he admitted he was the killer in an A. It is admissible...
unsolved homicide committed a week earlier. B. The receipt which Galang signed
The proceedings of his investigation were put in without the assistance of counsel is not
writing and dated October 1, 1985, and the only admissible in evidence. As held in People
participation of counsel assigned to him was his v. Castro, 274 SCRA 115 {1997), since
mere presence and signature on the statement. The the receipt is a document admitting the
admissibility of the statement of Ramos was offense charged, Galang should have been
placed in issue but the prosecution claims that the assisted by counsel as required by Article
confession was taken on October 1, 1985 and III, Section 11 of the Constitution.
the 1987 Constitution providing for the right to
counsel of choice and opportunity to retain, took Custodial Investigation; Police Line-up
effect only on February 2, 1987 and cannot be given (1993)
retroactive effect. Rule on this. (3%) No. 9: Johann learned that the police were
looking for him in connection with the rape of an
18-year old girl, a neighbor. He went to the Boulevard, which is also owned by
police station a week later and presented X. May they lawfully seize the
himself to the desk sergeant. Coincidentally, the said unlicensed firearms? Explain
rape victim was in the premises executing an your answer.
extrajudicial statement. Johann, along with six SUGGESTED ANSWER:
(6) other suspects, were placed in a police line- up (1) Yes, the police operatives may
and the girl pointed to him as the rapist. lawfully seize the cocaine, ....
Johann was arrested and locked up in a cell.
Johann was charged with rape in court but prior to (2) No, X cannot successfully challenge
arraignment invoked his right to preliminary the legality of the search simply because the
investigation. This was denied by the judge, and peace officers did not inform him about his
thus, trial proceeded. After the prosecution right to remain silent and his right to
presented several witnesses, Johann through counsel. Section 12(1), Article III of the
counsel, invoked the right to bail and filed a 1987 Constitution provides:
motion therefor, which was denied outright by "Any person under investigation for
the Judge. Johann now files a petition for the commission of an offense shall
certiorari before the Court of Appeals arguing have the right to be informed of
that: his right to remain silent and to
2) He should have been informed of his right have competent and independent
to be represented by counsel prior to counsel preferably of his own choice."
his identification via the police line up. Decide.
SUGGESTED ANSWER: As held in People v. Dy, 158 SCRA 111. for this
2} Pursuant to the decision in People us. provision to apply, a suspect must be
Castmillo. 213. SCRA 777, Johann need not be under investigation. There was no
informed of his right to counsel prior to his investigation involved in this case.
identification during the police line-up. The
police line-up is not part of custodial (3) The unlicensed firearms stored at 12 Shaw
investigation, since Johann was not being Boulevard may lawfully be seized ...
questioned but was merely being asked to
exhibit his body for identification by a witness. Custodial Investigation; Rights (1993)
ALTERNATIVE ANSWER No. 4: Larry was an overnight guest in a motel. After
It may be argued that in United States vs. he checked out the following day, the
Wade. 388 U.S. 218 (1967) and Gilbert vs. chambermaid found an attache case which she
California. 388 U.S. 263 (1967) It was held that on surmised was left behind by Larry. She turned it
the basis of the Sixth, rather than the Fifth over to the manager who, to determine the
Amendment (equivalent to Art. III. sec. 14 (2) name and address of the owner, opened the
rather than sec. 12 (1)), the police lineup is attache case and saw packages which had a
such a "critical stage" that it carries "potential peculiar smell and upon squeezing felt like
substantial prejudice" for which reason the dried leaves. His curiosity aroused, the
accused is entitled to the assistance of counsel. manager made an opening on one of the
packages and took several grams of the
Custodial Investigation; Rights (1990) contents thereof. He took the packages to the
No. 9; Some police operatives, acting under NBI, and in the presence of agents, opened the
a lawfully issued warrant for the purpose packages, the contents of which upon
of searching for firearms in the House of X laboratory examination, turned out to be
located at No. 10 Shaw Boulevard, marijuana flowering tops, Larry was
Pasig, Metro Manila, found, instead of subsequently found, brought to the NBI Office
firearms, ten kilograms of cocaine. where he admitted ownership of the attache
(1) May the said police operatives lawfully case and the packages. He was made to sign a
seize the cocaine? Explain your answer. receipt for the packages. Larry was charged in court
(2) May X successfully challenge the legality for possession of prohibited drugs. He was
of the search on the ground that the convicted. On appeal, he now poses the
peace officers did not inform him following issues:
about his right to remain silent and his 1) The packages are inadmissible in evidence
right to counsel? Explain your answer. being the product of an illegal search
(3) Suppose the peace officers were able to find
and seizure;
unlicensed firearms in the house in an
adjacent lot, that is. No, 12 Shaw
2) Neither is the receipt he signed admissible, passing motor vehicles. A 19-year old boy, who
his rights under custodial investigation finished fifth grade, while driving, was stopped
not having been observed. Decide. by the authorities at the checkpoint. Without any
SUGGESTED ANSWER: objection from him, his car was inspected, and
On the assumption that the issues were the search yielded marijuana leaves hidden in the
timely raised the answers are as follows: trunk compartment of the car. The prohibited
1) The packages are admissible in evidence. ... drug was promptly seized, and the boy was
brought to the police station for questioning.
2) The receipt is not admissible in evidence.
According to the ruling in People vs. Mirantes, (1) Was the search without warrant legal?
209 SCRA 179, such receipt is in effect an (2) Before interrogation, the policeman on duty
extrajudicial confession of the commission of an informed the boy in English that he does "have
offense. Hence, if it was signed without the a right to remain silent and the right to counsel."
assistance of counsel, in accordance with However, there was no counsel available as
Section 12(3), Article IV of the Constitution, it is it was midnight. He declared orally that he did
inadmissible in evidence. [People v. Duhan, not need any lawyer as he was innocent, since
142 SCRA 100 (1986)]. he was only bringing the marijuana leaves
to his employer in Quezon City and was
Custodial Investigation; Rights (1996) not a drug user. He was charged with illegal
No. 3: 1) A, who was arrested as a suspect in a possession of prohibited drugs. Is his waiver
murder case was not represented by counsel of the right to counsel valid?
during the "question and answer" stage. SUGGESTED ANSWER:
However, before he was asked to sign his (1) No, the search was not valid, because there
statements to the police investigator, the latter was no probable cause ....
provided A with a counsel, who happened to be at
the police station. After conferring with A, the (2) No, the waiver of the right to counsel is not
counsel told the police investigator that A was valid, since it was not reduced in writing
ready to sign the statements. and made in the presence of counsel.
Under Section 12(1), Article III of the 1987
Can the statements of A be presented in court Constitution to be valid, the waiver must be
as his confession? Explain. made in writing and in the presence of counsel.
SUGGESTED ANSWER:
1) No, the statements of A cannot be presented in Double Jeopardy (1988)
court as his confession. He was not assisted by No. 21: The Filipino seamen detained at Kota
counsel during the actual questioning. There is no Kinabalu, allegedly fishing in Malaysian
showing that the lawyer who belatedly conferred territorial waters, had been acquitted, after trial, by
with him fully explained to him the nature and the sessions court in the same city. They could
consequences of his confession. In People vs. not be released and returned to the
Compil 244 SCRA 135, the Supreme Court Philippines, because the prosecution had
held that the accused must be assisted by appealed the judgment of acquittal to the
counsel during the actual questioning and Supreme Court of Malaysia.
the belated assistance of counsel before he
signed the confession does not cure the defect. Assume the situations had been reversed and a
Malaysian had been apprehended in Shasi,
ALTERNATIVE ANSWER: Sulu, for an alleged offense, charged before the
Yes, the statements of A can be presented in Regional Trial Court and after trial acquitted.
court as his confession. As held in People vs.
Rous, 242 SCRA 732, even if the accused was not May the Provincial Fiscal of Sulu appeal
assisted by counsel during the questioning, his such judgment of acquittal to the Supreme
confession is admissible if he was able to Court, like what the Malaysians did in the
consult a lawyer before he signed. case of the Filipino fishermen at Kota
Kinabalu? Explain your answer.
Custodial Investigation; Rights (1989) SUGGESTED ANSWER:
No. 7: Pursuing reports that great quantities of No, because it would place the accused in
prohibited drugs are being smuggled at double jeopardy, contrary to Art. III, sec. 21 of
nighttime through the shores of Cavite, the our Constitution. PD No. 1599 prohibits any
Southern Luzon Command set up checkpoints at person not a citizen to explore or exploit any of the
the end of the Cavite coastal road to search resources of the exclusive economic zone
and makes violation of the prohibition a crime crime falling under the chapter on criminal
punishable by a fine of P2,000.00 to negligence, while abandonment of one's victim is
P100,000.00 and/or imprisonment of not less a crime falling under the chapter on crimes
than 6 months nor more than 10 years. If aliens are against security. The former is committed by
arrested for fishing within this zone but for means of culpa, while the latter is committed by
some reason are acquitted, the decision against means of dolo. Failure to help one's victim is
them cannot be appealed to the Court of not an offense by itself nor an element of
Appeals because that would place them in reckless imprudence. It merely Increases the
double jeopardy. This is so well established that the penalty by one degree.
Supreme Court turned down many pleas for re-
examination of the doctrine first announced in Double Jeopardy (1997)
Kepner v. United States. 11 Phil. 669 (1904). The No. 2: The Sangguniang Panlungsod of Manila
doctrine is said to be part and parcel not only approved an ordinance (No. 1000) prohibiting
of settled jurisprudence but also of the operation in the streets within the city limits of
constitutional law. Nor does it matter that the taxicab units over eight years old (from year of
accused are aliens. This guarantee has been manufacture). The imposable penalty for
applied even to aliens without thought of their violation thereof is a fine of P4,000.00 or
citizenship. (See e.g., People v. Ang Chio Kio, 95 Phil. 475 imprisonment for one year upon the erring
(1954) (Chinese previously convicted of murder); People v. operator. Thereafter and while the city
Pomeroy, 97 Phil 927 (1955) ( American previously convicted of
rebellion with murder, arson and robbery).
ordinance was already in effect. Congress
enacted a law (Republic Act No. 500)
Double Jeopardy (1993) prohibiting the operation in the streets of cities
No. 13: A Pajero driven by Joe sideswiped a throughout the country of taxicab units beyond
motorcycle driven by Nelson resulting in ten years old. The imposable penalty for
damage to the motorcycle and injuries to violation thereof is the same as in Ordinance
Nelson. Joe sped on without giving assistance No. 1000. A, an owner/operator of a taxicab unit
to Nelson. The Fiscal filed two informations operating in the City of Manila, was charged
against Joe, to wit: (1) reckless imprudence with violation of the city ordinance. Upon
resulting in damage to property with physical arraignment, he pleaded not guilty; whereupon, trial
injuries under Art. 365, RPC, before the RTC; was set five days thereafter. For failure of the
and (2) abandonment of one's victim under par. 2 witnesses to appear at the trial, the City Court
dismissed the case against A. The City
Art 275, before the MTC.
Prosecutor of Manila forthwith filed another
Joe was arraigned, tried and convicted information in the same court charging A with
for abandonment of one's victim in the violation of Republic Act No. 500 for operating
MTC. He appealed to the RTC. It was only the taxicab unit subject of the information in the first
a year later that he was arraigned in case. The accused moved to dismiss the
the reckless imprudence charge before second case against him invoking double
Jeopardy.
the RTC. He pleaded not guilty.
Subsequently, the RTC affirmed the decision of the How would you rule on A's motion if you
MTC relative to the abandonment of one's victim were the Judge?
charge. Joe filed a petition for review before the SUGGESTED ANSWER:
Court of Appeals, invoking his right to double If I were the judge, I would grant the motion.
Jeopardy, contending that the prosecution for The dismissal of the first case for failure of the
abandonment under Art. 275 of the Revised witnesses to appear terminated the first
Penal Code is a bar to the prosecution for jeopardy. As held in Caes vs. Intermediate
negligence under Article 365 of the same Code. Appellate Court, 179 SCRA 54, the dismissal of a
Decide. case for failure of the witnesses for the
SUGGESTED ANSWER: prosecution to appear constitutes an acquittal.
Joe cannot claim that his conviction for The acquittal of A for violation of Ordinance No.
abandoning his victim in violation of Article 275 of 1000 bars his prosecution for violation of
the Revised Penal Code is a bar to his Republic Act No. 500. Under Section 21, Article in
prosecution for negligence under Article 365 of the of the Constitution, if an act is punished by a law
Revised Penal Code. As held in Lamera v. Court of and an ordinance, conviction or acquittal under
Appeals, 198 SCRA 186, there is no double either bars another prosecution for the same act.
jeopardy, because these two offenses are not
identical. Reckless imprudence is a ALTERNATIVE ANSWER:
If I were the judge, I would deny the motion. the offended party. How would you resolve
The dismissal of the first case is void and does not Gerald's contentions? Explain. (4%)
give rise to double jeopardy. The dismissal of the SUGGESTED ANSWER:
first case is arbitrary and denied the prosecution Geralde cannot invoke double jeopardy.
due process of law. The trial was set five days According to Perez v. Court of Appeals, 168
after the arraignment. There was no sufficient SCRA 236, there is no identity between
time to subpoena the witnesses and this was consented abduction and qualified seduction.
the first time the witnesses failed to appear. As
held in People vs. Declaro 170 SCRA 142, the CONSENTED ABDUCTION requires that the
dismissal of a case for failure of the witnesses to taking away of the offended party must be with
appear at the initial hearing is arbitrary and void her consent, after solicitation or cajolery
and does not give rise to double jeopardy. from the offender, and the taking away
of the offended party must be with lewd
designs. On the other hand,
Double Jeopardy (1999) QUALIFIED SEDUCTION requires that the
A. Discuss the right of every accused crime be committed by abuse of authority,
against double jeopardy? (2%) confidence or relationship and the offender
SUGGESTED ANSWER: had sexual intercourse with the woman.
According to Melo v. People, 85 Phil. 766,
the rule of double jeopardy means that The delay in filing the second case does
when a person was charged with an not constitute pardon, according to Article
offense and the case was terminated by 344 of the Revised Penal Code, to be valid the
acquittal or conviction or in any other manner pardon of the offender by the offended
without his consent, he cannot again be party must be expressly given.
charged with the same or identical offense.
Double Jeopardy (2000)
Double Jeopardy (1999) No XV. Charged by Francisco with libel, Pablo
C. On October 21, 1986, 17 year old Virginia was arraigned on January 3, 2000, Pre-trial was
Sagrado brought a complaint against Martin dispensed with and continuous trial was set for
Geralde for consented abduction. With the March 7, 8 and 9, 2000. On the first setting, the
accused pleading not guilty upon arraignment, prosecution moved for its postponement and
trial ensued. After trial, a judgment of cancellation of the other settings because its
conviction was rendered against Geralde. principal and probably only witness, the private
When the case was appealed to it, the Court of complainant Francisco, suddenly had to go
Appeals reversed the judgment of the Trial abroad to fulfill a professional commitment. The
Court, ratiocinating and ruling as follows: "This judge instead dismissed the case for failure to
is not to say that the appellant did nothing prosecute.
wrong...she was seduced by the appellant with b) Would the reversal of the trial
promises (of marriage) just to accomplish his court's assailed dismissal of the case
lewd designs." Years later, Virginia brought place the accused in double jeopardy? (3%)
another complaint for Qualified Seduction. SUGGESTED ANSWER:
Geralde presented a Motion to Quash on the b) Since the postponement of the case would not
ground of double jeopardy, which motion and violate the right of the accused to speedy trial,
his subsequent motion for reconsideration were the precipitate dismissal of the case is void.
denied: Question: May Geralde validly invoke The reversal of the dismissal will not place the
double jeopardy in questioning the institution of the accused in double Jeopardy.
case for Qualified Seduction? He placed reliance ALTERNATIVE ANSWER:
principally on the "same evidence" test to b) Since the dismissal of the case is valid,
support his stance. He asserted that the its reversal will place the accused in
offenses with which he was charged arose from double jeopardy.
the same set of facts. Furthermore, he averted
that the complaint for Qualified Seduction is Double Jeopardy (2001)
barred by waiver and estoppel on the part of the No X - For the death of Joey, Erning was
complainant, she having opted to consider the charged with the crime of homicide before the
case as consented abduction. Finally, he Regional Trial Court of Valenzuela. He was
argued that her delay of more than eight (8) arraigned. Due to numerous postponements of
years before filing the second case against him the scheduled hearings at the instance of the
constituted pardon on the part of prosecution, particularly based on the ground of
unavailability of prosecution witnesses an ordinance, conviction or acquittal under
who could not be found or located, the criminal either shall constitute a bar to another
case was pending trial for a period of prosecution for the same act. In this case, the
seven years. Upon motion of accused same act is involved in the two cases. The
Erning who invoked his right to speedy trial, reckless imprudence which resulted in physical
the court dismissed the case. injuries arose from the same act of driving
under the influence of liquor. In Yap v. Lutero,
Eventually, the prosecution witnesses surfaced, and G.R. No. L-12669, April 30, 1959, the Supreme
a criminal case for homicide, involving the same Court held that an accused who was acquitted
incident was filed anew against Erning. Accused of driving recklessly in violation of an ordinance
Erning moved for dismissal of the case on could not be prosecuted for damage to property
the ground of double jeopardy. The prosecution through reckless imprudence because the two
objected, submitting the reason that it was charges were based on the same act. In People v,
not able to present the said witnesses earlier Relova, 148 SCRA 292 (1987), it was held that
because the latter went into hiding out of fear. when there is identity in the act punished by a
Resolve the motion. (5%) law and an ordinance, conviction or acquittal
SUGGESTED ANSWER: under either shall bar prosecution under the
The motion should be granted. As held in Caes us. other.
Intermediate Appellate Court, 179 SCRA 54 (1989), SECOND ALTERNATIVE ANSWER:
the dismissal of a criminal case predicated There is no double jeopardy because the act
on the right of the accused to a speedy trial penalized under the Revised Penal Code is
amounts to an acquittal for failure of the different from the act penalized by the
prosecution to prove his guilt and bars his ordinance of Makati City. The Revised Penal
subsequent prosecution for the same offense. Code penalizes reckless imprudence resulting in
physical injuries, while the ordinance of
Double Jeopardy (2002) Makati City penalizes driving under the
No IX. A Tamaraw FX driven by Asiong influence of liquor.
Cascasero, who was drunk, sideswiped a
pedestrian along EDSA in Makati City, resulting in Double Jeopardy; Requisites (1999)
physical injuries to the latter. The public B. What are the requisites of double jeopardy?
prosecutor filed two separate informations (2%)
against Cascasero, the first for reckless SUGGESTED ANSWER:
imprudence resulting in physical injuries under As held in Cuison v. Court of Appeals, 289
the Revised Penal Code, and the second for SCRA 159, for a claim of double jeopardy to
violation of an ordinance of Makati City prosper, the following requisites must concur:
prohibiting and penalizing driving under the (1) a first jeopardy has attached;
influence of liquor. (2) the first jeopardy was validly terminated; and
Cascasero was arraigned, tried and convicted for (3) the second is for the same offense.
reckless imprudence resulting in physical injuries
under the Revised Penal Code. With regard to A first jeopardy attaches:
the second case (i.e., violation of the city 1. upon a valid complaint or information;
ordinance), upon being arraigned, he filed a motion 2. before a competent court;
to quash the information invoking his right 3. after arraignment;
against double jeopardy. He contended that, 4. a valid entry of plea; and
under Art. III, Section 21 of the 5. the dismissal or termination of the case
Constitution, if an act is punished by a law and an without the express consent of the accused.
ordinance, conviction or acquittal under either
shall constitute a bar to another Due Process; Absence of Denial (1999)
prosecution for the same act He argued that the two No VIII - B. On April 6, 1963, Police Officer
criminal charges against him stemmed from the Mario Gatdula was charged by the Mayor with
same act of driving allegedly under the influence Grave Misconduct and Violation of Law before
of liquor which caused the accident. the Municipal Board. The Board investigated
Was there double jeopardy? Explain your Gatdula but before the case could be decided,
answer (5%) the City charter was approved. The City Fiscal,
FIRST ALTERNATIVE ANSWER: citing Section 30 of the city charter, asserted
Yes, there is double jeopardy. Under the that he was authorized thereunder to
second sentence of Article III, Section 21 of the investigate city officers and employees. The
Constitution, if an act is punished by a law and case against Gatdula was then forwarded to
him, and a re-investigation was conducted. The received the evidence, in violation of the
office of the Fiscal subsequently recommended "He who decides must hear" rule. Is he
dismissal. On January 11, 1966, the City Mayor correct? 2) On the ground that there was a
returned the records of the case to the City violation of due process because the
Fiscal for the submission of an appropriate complainants, the prosecutor and the
resolution but no resolution was submitted. On hearing officers were all subordinates of the
March 3, 1968, the City Fiscal transmitted the BID Commissioners who rendered the
records to the City Mayor recommending that deportation decision. Is he correct?
final action thereon be made by the City Board of SUGGESTED ANSWER:
Investigators (CBI). Although the CBI did not 1) No, Stevie is not correct. As held in Adamson A
conduct an investigation, the records show that Adamson, Inc. vs. Amores, 152 SCRA 237,
both the Municipal Board and the Fiscal's Office administrative due process does not require that
exhaustively heard the case with both parties the actual taking of testimony or the
afforded ample opportunity to adduce their presentation of evidence before the same
evidence and argue their cause. The Police officer who will decide the case.
Commission found Gatdula guilty on the basis of
the records forwarded by the CBI. Gatdula In American Tobacco Co. v. Director of Patents, 67
challenged the adverse decision of the Police SCRA 287, the Supreme Court has ruled that so
Commission theorizing that he was deprived long as the actual decision on the merits of the
of due process. Questions: Is the Police cases is made by the officer authorized by law
Commission bound by the findings of the City to decide, the power to hold a hearing on the basis
Fiscal? Is Gatdula's protestation of lack or non- of which his decision will be made can be
observance of due process well-grounded? Explain delegated and is not offensive to due
your answers. (4%) process. The Court noted that: "As long as a
SUGGESTED ANSWER: party is not deprived of his right to present his
The Police Commission is not bound by the own case and submit evidence in support
findings of the City Fiscal. In Mangubat v. de thereof, and the decision is supported by the
Castro, 163 SCRA 608, it was held that the evidence in the record, there is no question that the
Police Commission is not prohibited from requirements of due process and fair trial are
making its own findings on the basis of its own fully met. In short, there is no abrogation of
evaluation of the records. Likewise, the responsibility on the part of the officer
protestation of lack of due process is not well- concerned as the actual decision remains with
grounded, since the hearings before the and is made by said officer. It is, however,
Municipal Board and the City Fiscal offered required that to give the substance of a hearing,
Gatdula the chance to be heard. There is no which is for the purpose of making
denial of due process if the decision was determinations upon evidence the officer who
rendered on the basis of evidence contained in the makes the determinations must consider and
record and disclosed to the parties affected. appraise the evidence which justifies them.
Due Process; Deportation (1994) 2) No, Stevie was not denied due process
No. 9: A complaint was filed by Intelligence simply because the complainants, the
agents of the Bureau of Immigration and prosecutor, and the hearing officers were all
Deportation (BID) against Stevie, a German subordinates of the Commissioner of the
national, for his deportation as an undesirable Bureau of Immigration and Deportation. In
alien. The Immigration Commissioner directed accordance with the ruling in Erianger &
the Special Board of Inquiry to conduct an Galinger, Inc. vs. Court of Industrial Relations,
Investigation. At the said Investigation, a lawyer 110 Phil. 470, the findings of the subordinates
from the Legal Department of the BID are not conclusive upon the Commissioners,
presented as witnesses the three Intelligence who have the discretion to accept or reject
agents who filed the complaint. On the basis of the them. What is important is that Stevie was not
findings, report and recommendation of the Board deprived of his right to present his own case
of Special Inquiry, the BID and submit evidence in support thereof, the
Commissioners unanimously voted for Stevie's decision is supported by substantial evidence,
deportation. Stevie's lawyer questioned the and the commissioners acted on their own
deportation order independent consideration of the law and facts of
1) On the ground that Stevie was denied due the case, and did not simply accept the views of
process because the BID Commissioners who their subordinates in arriving at a decision.
rendered the decision were not the ones who
Due Process; Forfeiture Proceedings (1993) the proceedings, and in the last analysis to
No. 14: The S/S "Masoy" of Panamanian avoid a miscarriage of justice.
registry, while moored at the South Harbor, was
found to have contraband goods on board. The Due Process; Meeting vs. Hearing (1999)
Customs Team found out that the vessel did not No VIII - C. On November 7, 1990, nine
have the required ship's permit and shipping lawyers of the Legal Department of Y Bank who
documents. The vessel and its cargo were held and were all under Fred Torre, sent a complaint to
a warrant of Seizure and Detention was issued management accusing Torre of abusive
after due investigation. In the course of the conduct and mismanagement. Furnished with a
forfeiture proceedings, the ship captain and the copy of the complaint, Torre denied the
ship's resident agent executed sworn charges. Two days later, the lawyers and
statements before the Custom legal officer Torre were called to a conference in the office
admitting that contraband cargo were found of the Board Chairman to give their respective
aboard the vessel. The shipping lines object to the sides of the controversy. However, no
admission of the statements as evidence agreement was reached thereat. Bank Director
contending that during their execution, the Romulo Moret was tasked to look further into
captain and the shipping agent were not the matter. He met with the lawyers together
assisted by counsel, in violation of due process. with Torre several times but to no avail. Moret then
Decide. submitted a report sustaining the charges of the
SUGGESTED ANSWER: lawyers. The Board Chairman wrote Torre to
The admission of the statements of the captain inform him that the bank had chosen the
and the shipping agent as evidence did not compassionate option of "waiting" for Torre's
violate due process even if they were resignation. Torre was asked, without being
not assisted by counsel. In Feeder dismissed, to turn over the documents of all cases
International Line, Pts. Ltd. v. Court of handled by him to another official of the bank
Appeals, 197 SCRA 842, It was held that the but Torre refused to resign and requested for
assistance of counsel is not indispensable to a "full hearing". Days later, he reiterated his
due process in forfeiture proceedings since request for a "full hearing", claiming that he
such proceedings are not criminal in nature. had been "constructively dismissed". Moret
assured Torre that he is "free to remain in the
Moreover, the strict rules of evidence and employ of the bank" even if he has no particular
procedure will not apply in administrative work assignment. After another request for a
proceedings like seizure and forfeiture "full hearing" was ignored, Torre filed a
proceedings. What is important is that the complaint with the arbitration branch of NLRC
parties are afforded the opportunity to be heard and for illegal dismissal. Reacting thereto, the bank
the decision of the administrative authority is based terminated the services of Torre. Questions: (a)
on substantial evidence. Was Torre "constructively dismissed" before he
filed his complaint? (b) Given the multiple
Due Process; Media Coverage during meetings held among the bank officials, the
Hearing (1996) lawyers and Torre, is it correct for him to say
No 2: At the trial of a rape case where the that he was not given an opportunity to be heard?
victim-complainant was a well known Explain your answers. (4%)
personality while the accused was a popular
movie star, a TV station was allowed by the trial SUGGESTED ANSWER:
judge to televise the entire proceedings like the O.J. a) Torre was constructively dismissed, as
Simpson trial. The accused objected to the TV held in Equitable Banking Corporation v.
coverage and petitioned the Supreme Court to National Labor Relations Commission, 273
prohibit the said coverage. SCRA 352. Allowing an employee to report for
As the Supreme Court, how would you rule on work without being assigned any
the petition? Explain. work constitutes constructive dismissal.
SUGGESTED ANSWER:
The Supreme Court should grant the petition. In its b) Torre is correct in saying that he was not
Resolution dated October 22, 1991, the given the chance to be heard. The meetings in the
Supreme Court prohibited live radio and nature of consultations and conferences cannot
television coverage of court proceedings to be considered as valid substitutes for the proper
protect the right of the parties to due process, to observance of notice and hearing.
prevent the distraction of the participants in
Due Process; Notice by Publication (1988)
No. 9: Macabebe, Pampanga has several No, it is not a property right under the due
barrios along the Pampanga river. To service the process clause of the Constitution. Just like
needs of their residentst the municipality has ordinary licenses in other regulated fields, it
been operating a ferry service at the same river, for may be revoked any time. It does not confer an
a number of years already. absolute right, but only a personal privilege,
subject to restrictions. A licensee takes
Sometime in 1987, the municipality was served a his license subject to such conditions as
copy of an order from the Land Tansportation the Legislature sees fit to impose, and may
Franchising and Regulatory Board (LTFRB), be revoked at its pleasure without depriving
granting a certificate of public convenience to the licensee of any property (Chavez v.
Mr. Ricardo Macapinlac, a resident of Romulo, G.R. No. 157036, June 9, 2004).
Macabebe, to operate ferry service across the
same river and between the same barrios being Due Process; PPA-Pilots (2001)
serviced presently by the municipality's ferry No XIII - The Philippine Ports Authority (PPA)
boats. A check of the records of the application of General Manager issued an administrative
Macapinlac shows that the application was filed order to the effect that all existing regular
some months before, set for hearing, and appointments to harbor pilot positions shall
notices of such hearing were published in two remain valid only up to December 31 of the
newspapers of general circulation in the town of current year and that henceforth all
Macabebe, and in the province of Pampanga. appointments to harbor pilot positions shall be
The municipality had never been directly served a only for a term of one year from date of
copy of that notice of hearing nor had the effectivity, subject to yearly renewal or
Sangguniang Bayan been requested by cancellation by the PPA after conduct of a rigid
Macapinlac for any operate. The municipality evaluation of performance. Pilotage as a
immediately filed a motion for reconsideration profession may be practiced only by duly
with the LTFRB which was denied. It went to
licensed individuals, who have to pass five
the Supreme Court on a petition for certiorari to
government professional examinations.
nullify the order granting a certificate of public
convenience to Macapinlac on two grounds: The Harbor Pilot Association challenged the
1. Denial of due process to the municipality; validity of said administrative order arguing that it
2. For failure of Macapinlac to secure approval violated the harbor pilots' right to exercise their
of the Sangguniang Bayan for him profession and their right to due process of law and
to operate a ferry service in Macabebe, that the said administrative order was issued
Resolve the two points in the petition without prior notice and hearing. The PPA
with reasons. countered that the administrative order was valid
SUGGESTED ANSWER: as it was issued in the exercise of its administrative
The petition for certiorari should be granted, control and supervision over harbor pilots
1. As a party directly affected by the operation of under PPA's legislative charter, and that in
the ferry service, the Municipality of issuing the order as a rule or regulation, it
Macabebe, Pampanga was entitled to be was performing its executive or legislative, and
directly notified by the LTFRB of its not a quasi-Judicial function.
proceedings relative to Macapinlac's
application, even if the Municipality had not Due process of law is classified into two kinds,
notified the LTFRB of the existence of the namely, procedural due process
municipal ferry service. Notice by publication and substantive due process of law. Was there,
was not enough. (Municipality of Echague v. or, was there no violation of the harbor pilots'
Abellera, 146 SCRA 180 (1986)). right to exercise their profession and their
right to due process of law? (5%)
2. Where a ferry operation lies entirely within SUGGESTED ANSWER:
the municipality, the prior approval of The right of the harbor pilots to due process
the Municipal government is necessary. .... was violated. Am held in Corona vs. United
Harbor Pilots Association of the Philippines,
Due Process; Permit to Carry Firearm 283 SCRA 31 (1997) pilotage as a profession is a
Outside Residence (Q6-2006) property right protected by the guarantee of due
3. Does a Permit to Carry Firearm Outside process. The pre-evaluation cancellation of the
Residence (PTCFOR) constitute a property licenses of the harbor pilots every year is
right protected by the Constitution? (2.5%) unreasonable and violated their right to
SUGGESTED ANSWER: substantive due process. The renewal is
dependent on the evaluation after the licenses issued after appropriate notice and hearing to
have been cancelled. The issuance of the affected parties. The ruling in Philippine
administrative order also violated procedural Communications Satellite Corporation vs.
due process, since no prior public hearing was Alcuaz, 180 SCRA 218, to the effect that an
conducted. As hold in Commissioner of Internal order provisionally reducing the rates which a
Revenue vs. Court of Appeals, 261 SCRA 237 public utility could charge, could be issued
(1998), when a regulation is being issued under the without previous notice and hearing, cannot
quasi-legislative authority of an apply.
administrative agency, the requirements of
notice, hearing and publication must be Due Process; Public School Teachers (2002)
observed. No X - Ten public school teachers of Caloocan
City left their classrooms to join a strike, which
Due Process; Procedural vs. lasted for one month, to ask for
Substantive (1999) teachers' benefits.
No VIII - A. Give examples of acts of the state
which infringe the due process clause: The Department of Education, Culture and
1. in its substantive aspect and (1%) Sports charged them administratively, for which
2. in its procedural aspect? (1%) reason they were required to answer and
SUGGESTED ANSWER: formally investigated by a committee composed of
1.) A law violates substantive due process the Division Superintendent of Schools as
when it is unreasonable or unduly oppressive. Chairman, the Division Supervisor as member
For example, Presidential Decree No. 1717, and a teacher, as another member. On the
which cancelled all the mortgages and liens of a basis of the evidence adduced at the formal
debtor, was considered unconstitutional for investigation which amply established their
being oppressive. Likewise, as stated in guilt, the Director rendered a decision meting
Ermita-Malate Hotel and Motel Operators out to them the penalty of removal from office.
Association, Inc. v. City Mayor of Manila, 20 The decision was affirmed by the DECS
SCRA 849, a law which is vague so that men of Secretary and the Civil Service Commission.
common intelligence must guess at its meaning and
differ as to its application violates On appeal, they reiterated the arguments they
substantive due process. As held in Tanada v. raised before the administrative bodies, namely: (b)
Tuvera, 146 SCRA 446, due process requires They were deprived of due process of law as
that the law be published. the Investigating Committee was improperly
constituted because it did not include a teacher in
2.) In State Prosecutors v. Muro, 236 SCRA representation of the teachers' organization as
505, it was held that the dismissal of a case required by the Magna Carta for Public
without the benefit of a hearing and without any School Teachers (R.A. No. 4670, Sec. 9).
notice to the prosecution violated due process. SUGGESTED ANSWER:
Likewise, as held in People v. Court of Appeals, 262 The teachers were deprived of due process of
SCRA 452, the lack of impartiality of the judge law. Under Section 9 of the Magna Carta for
who will decide a case violates procedural Public School Teachers, one of the members of the
due process. committee must be a teacher who is a
representative of the local, or in its absence,
Due Process; Provisional Order (1991) any existing provincial or national organization of
No 7 - On 29 July 1991. the Energy Regulatory teachers. According to Fabella v. Court of
Board (ERB), in response to public clamor, Appeals, 283 SCRA 256 (1997), to be
issued a resolution approving and adopting a considered the authorized representative of
schedule for bringing down the prices of such organization, the teacher must be chosen by
petroleum products over a period of one (1) the organization itself and not by the
year starting 15 August 1991, over the objection of Secretary of Education, Culture and Sports.
the oil companies which claim that the period Since in administrative proceedings, due
covered is too long to prejudge and foresee. Is the process requires that the tribunal be vested with
resolution valid? jurisdiction and be so constituted as to afford a
SUGGESTED ANSWER: person charged administratively a reasonable
No, the resolution is invalid, since the Energy guarantee of impartiality, if the teacher who is a
Regulatory Board issued the resolution without a member of the committee was not appointed in
hearing. The resolution here is not a accordance with the law, any proceeding before
provisional order and therefore it can only be
it is tainted with deprivation of procedural defense presented in his behalf will be
due process. inadequate considering the legal requisite and
skill needed in court proceedings. There would
Due Process; Radio Station (1987) certainly be a denial of due process. (Delgado
No. XIV: In the morning of August 28, 1987, v. Court of Appeals, 145 SCRA 357 (1986)).
during the height of the fighting at Channel 4
and Camelot Hotel, the military closed Radio Due Process; Substantive (2003)
Station XX, which was excitedly reporting the 2003 No XII - The municipal council of the
successes of the rebels and movements municipality of Guagua, Pampanga, passed an
towards Manila and troops friendly to the ordinance penalizing any person or entity
rebels. The reports were correct and factual. On engaged in the business of selling tickets
October 6, 1987, after normalcy had returned to movies or other public exhibitions, games
and the Government had full control of the or performances which would charge
situation, the National Telecommunications children between 7 and 12 years of age the full
Commission, without notice and hearing, but price of admission tickets instead of only one-
merely on the basis of the report of the military, half of the amount thereof. Would you hold
cancelled the franchise of station XX. the ordinance a valid exercise of legislative
Discuss the legality of: power by the municipality? Why?
(b) The cancellation of the franchise of the SUGGESTED ANSWER:
station on October 6, 1987. The ordinance is void. As held in Balacuit v.
SUGGESTED ANSWER: Court of First Instance of Agusan del Norte. 163
The cancellation of the franchise of the station SCRA 182 [1988], the ordinance is
on October 6, 1987, without prior notice and unreasonable. It deprives the sellers of the
hearing, is void. As held in Eastern tickets of their property without due process. A ticket
Broadcasting Corp. (DYRE) v. Dans, 137 SCRA is a property right and may be sold for such
647 (1985), the cardinal primary requirements in price as the owner of it can obtain. There is nothing
administrative proceedings (one of which is that pernicious in charging children the same price as
the parties must first be heard) as laid down in adults.
Ang Tibay v. CIR, 69 Phil. 635 (1940) must be
observed in closing a radio station because Due Process; Suspension of Driver's
radio broadcasts are a form of License (1992)
constitutionally-protected expression. No, 3; Congress is considering a law against
drunken driving. Under the legislation, police
Due Process; Represented by a Non-Lawyer authorities may ask any driver to take a
(1988) "breathalyzer test", wherein the driver exhales
No. 5: Norberto Malasmas was accused of several times into a device which can determine
estafa before the Regional Trial Court of whether he has been driving under the
Manila. After the trial, he was found guilty. On influence of alcohol. The results of the test can be
appeal, his conviction was affirmed by the Court of used, in any legal proceeding against him.
Appeals. After the records of his case had been Furthermore, declaring that the issuance of a
remanded to the Regional Trial Court for driver's license gives rise only to a privilege to
execution, and after the latter Court had set the date drive motor vehicles on public roads, the law
for the promulgation of judgment, the accused provides that a driver who refuses to take the
filed a motion with the Court of Appeals to test shall be automatically subject to a 90-day
set aside the entry of judgment, and to remand the suspension of his driver's license,
case to the Regional Trial Court for new trial on
the ground that he had just discovered that "Atty. Cite two [2] possible constitutional objections to
Leonilo Maporma" whom he had chosen and this law. Resolve the objections and explain
who had acted as his counsel before the trial whether any such infirmities can be cured.
court and the Court of Appeals, is not a lawyer. SUGGESTED ANSWER:
Resolved the motion of the accused with reasons. Possible objections to the law are that requiring a
driver to take the breathalyzer test will violate his
SUGGESTED ANSWER: right against self-incrimination, that providing
The motion should be granted and the entry of for the suspension of his driver's license
judgment should be set aside. An accused is without any hearing violates due process,
entitled to be heard by himself or counsel. (Art. III, and that the proposed law will violate the right
sec. 14(2)). Unless he is represented by an against unreasonable searches and seizures,
attorney, there is a great danger that any because it allows police authorities to

require a drive to take the breathalyzer test Electric Light Co, v. PSC, 10 SCRA 46 (1964) it
even if there is no probable cause was held that a rate order, which
ALTERNATIVE ANSWER: applies exclusively to a particular party
Requiring a driver to take a breathalyzer test and is predicated on a finding of fact,
does not violate his right against self- partakes of the nature of a quasi judicial,
incrimination, because he is not being rather than legislative, function.
compelled to give testimonial evidence. He is
merely being asked to submit to a physical test. The first order, granting a provisional rate
This is not covered by the constitutional increase without hearing, is valid if justified by
guarantee against self-incrimination. Thus, in URGENT PUBLIC NEED, such as increase in
South Dakota vs. Neville, 459 U.S. 553, it was held the cost of fuel. The power of the Public Service
for this reason that requiring a driver to take a Commission to grant such increase was upheld in
blood-alcohol test is valid. several cases. (Silva v. Ocampo, 90 Phil. 777
(1952); Halili v. PSC, 92 Phil. 1036(1953))
As held in Mackey vs. Afontrya 443 U.S. 1,
because of compelling government interest in The second order requiring the company to pay
safety along the streets, the license of a driver who unpaid supervisory fees under the Public
refuses to take the breathalyzer test may be Service Act cannot be sustained. The company
suspended immediately pending a post- has a right to be heard, before it may
suspension hearing, but there must be a be ordered to pay. (Ang Tibay v. CIR, 69 Phil.
provision for a post-suspension hearing. Thus, to 635 (1940))
save the proposed law from The third order can be justified. The fact
unconstitutionally on the ground of denial of due that the TRB has allowed a provisional rate
process, it should provide for an immediate increase does not bind it to make the order
hearing upon suspension of the driver's license. The permanent if the evidence later submitted
proposed law violates the right against does not justify increase but, on the
unreasonable searches and seizures. It will contrary, warrants the reduction of rates.
authorize police authorities to stop any driver
and ask him to take the breathalyzer test even in Eminent Domain; Garnishment (1994)
the absence of a probable cause. No. 14: The Municipality of Antipolo, Rizal,
expropriated the property of Juan Reyes for use as
Due Process; Urgent Public Need (1987) a public market. The Municipal Council
No. II: The Manila Transportation Company appropriated Pl,000,000.00 for the purchase of
applied for upward adjustment of its rates the lot but the Regional Trial Court, on the basis of
before the Transportation Regulatory Board. the evidence, fixed the value at
Pending the petition, the TRB, without previous P2,000,000.00.
hearing, granted a general nationwide 1) What legal action can Juan Reyes take to
provisional increase of rates. In another Order, TRB collect the balance?
required the company to pay the unpaid 2) Can Juan Reyes ask the Regional Trial
supervisory fees collectible under the Public Court to garnish the Municipality's account
Service Law. After due notice and hearing, on with the Land Bank?
the basis of the evidence presented by Manila SUGGESTED ANSWER:
Transportation Company and the Oppositors, 1) To collect the balance of Judgment, as
TRB issued an Order reducing the rates applied for stated in Tan Toco vs. Municipal Counsel of
by one-fourth. Iloilo, 49 Phil. 52, Juan Reyes may levy on
patrimonial properties of the Municipality of
Characterize the powers exercised by the TRB Antipolo. If it has no patrimonial properties, in
in this case and determine whether under accordance with the Municipality of Makati vs.
the present constitutional system Court of Appeals, 190 SCRA 206, the remedy of
the Transportation Regulatory Board can be Juan Reyes is to file a petition for mandamus to
validly conferred the powers exercised by it in compel the Municipality of Antipolo to
issuing the Orders given above. Explain. appropriate the necessary funds to satisfy the
SUGGESTED ANSWER: judgment.
The orders in this case involve the exercise of
judicial function by an administrative agency, and 2) Pursuant to the ruling in Pasay City
therefore, as a general rule, the cardinal primary Government vs. Court of First Instance of
rights enumerated in Ang Tibay v. CIR, 69 Phil. 635 Manila, 132 SCRA 156, since the Municipality of
(1940) must be observed. In Vigart Antipolo has appropriated P1,000,000 to pay
for the lot, its bank account may be (2) As the judge, rule on the said objections.
garnished but up to this amount only. SUGGESTED ANSWER:
(1) As counsel for C Company, I will argue that
Eminent Domain; Garnishment (1998) the taking of the property is not for a public use
No VI - 2, If the City of Cebu has money and that the ordinance cannot fix the
in bank, can it be garnished? [2%] compensation to be paid C Company, because
SUGGESTED ANSWER: this is a judicial question that is for the courts to
2. No, the money of the City of Cebu in the decide.
bank cannot be garnished if it came from public
funds. As held in Municipality of Makati vs. (2) As judge, I will sustain the contention that
Court of Appeals, 190 SCRA 206, 212, the taking of the property of C Company to
public funds are exempted from garnishment. operate the commercial center established
within it to finance a housing project for city
Eminent Domain; immunity from suit (2001) employees is not for a public use but for a
No III - The Republic of the Philippines, through the private purpose. As the Court indicated in a
Department of Public Works and Highways dictum in Manotok. v. National Housing
(DPWH), constructed a new highway linking Authority, 150 SCRA 89, that the expropriation
Metro Manila and Quezon province, and which of a commercial center so that the profits
major thoroughfare traversed the land owned by derived from its operation can be used for
Mang Pandoy. The government neither filed any housing projects is a taking for a private
expropriation proceedings nor paid any purpose.
compensation to Mang Pandoy for the land thus
taken and used as a public road. I will also sustain the contention that the
ordinance, even though it fixes the
Mang Pandoy filed a suit against the compensation for the land on the basis of the
government to compel payment for the value of prevailing land value cannot really displace
his land. The DPWH filed a motion to judicial determination of the price for the simple
dismiss the case on the ground that the reason that many factors, some of them
State is immune from suit. Mang Pandoy supervening, cannot possibly be considered by the
filed an opposition. legislature at the time of enacting the
Resolve the motion. (5%) ordinance. There is greater reason for nullifying the
SUGGESTED ANSWER: use of the cost of construction in the
The motion to dismiss should be denied. As ordinance as basis for compensation for the
held in Amigable v. Cuenca, 43 SCRA 300 improvements. The fair market value of the
(1972), when the Government expropriates improvements may not be equal to the cost of
private property without paying compensation, it is construction. The original cost of construction
deemed to have waived its immunity from suit. may be lower than the fair market value, since the
Otherwise, the constitutional guarantee that cost of construction at the time of
private property shall not be taken for public expropriation may have increased.
use without payment of just ALTERNATIVE ANSWER:
compensation will be rendered nugatory. The taking of the commercial center is justified
by the concept of indirect public benefit since its
Eminent Domain; Indirect Public operation is intended for the development of the
Benefit (1990) vacant portion for socialized housing, which
No. 2: The City of Cebu passed an ordinance is clearly a public purpose.
proclaiming the expropriation of a ten (10)
hectare property of C Company, which property is Eminent Domain; Just Compensation (1988)
already a developed commercial center. The City No. 8: Mr. Roland Rivera is the owner of four
proposed to operate the commercial center in order lots sought to be expropriated by the Export
to finance a housing project for city employees Processing Zone Authority for the expansion of the
in the vacant portion of the said property. The export processing zone at Baguio City. The same
ordinance fixed the price of the land and the parcels of land had been valued by the
value of the improvements to be paid C Assessor at P120.00 per square meter, while
Company on the basis of the prevailing land value Mr. Rivera had previously fixed the market
and cost of construction. value of the same at P100 per square meter.
(1) As counsel for C Company, give The Regional Trial Court decided for
two constitutional objections to the expropriation and ordered the payment to Mr.
validity of the ordinance. Rivera at the rate of P100 a square meter

pursuant to Presidential Decree No. 1533, wrong. Secondly, the determination of just
providing that in determining just compensation for compensation in expropriation cases is a
private property acquired through eminent judicial function. Since under Section 9, Article
domain proceedings, the compensation to be III of the 1987 Constitution private property shall not
paid shall not exceed the value declared by the be taken for public use without just
owner or determined by the Assessor, pursuant to compensation, no law can mandate that its
the Real Property Tax Code, whichever value is determination as to the just compensation shall
lower, prior to the recommendation or prevail over the findings of the court.
decision of the appropriate government office to
acquire the property. Eminent Domain; Just Compensation (1998)
No VI. The City of Cebu expropriated the
Mr. Rivera appealed, insisting that just property of Carlos Topico for use as a municipal
compensation for his property should be parking lot. The Sangguniang Panlungsod
determined by Commissioners who could appropriated P10 million for this purpose but the
evaluate all evidence on the real value of the Regional Trial Court fixed the compensation for the
property, at the time of its taking by the taking of the land at P15 million.
government. He maintains that the lower court 1. What legal remedy, if any, does Carlos
erred in relying on Presidential Decree No, Topico have to recover the balance of P5
1533, which he claims is unconstitutional. million for the taking of his land?
[3%] SUGGESTED ANSWER:
How would you decide the appeal? Explain 1. The remedy of Carlos Toplco is to levy on
your answer. the patrimonial properties of the City of Cebu.
SUGGESTED ANSWER: In Municipality of Paoay vs Manaois, 86 Phil
The decision of the lower court should be 629. 632, the Supreme Court held:
reversed. In EPZA v, Dulay, 149 SCRA 305 "Property, however, which is patrimonial
(1987) the Supreme Court declared PD No. and which is held by a municipality in its
1533 to be an unconstitutional encroachment on proprietary capacity as treated by the
the prerogatives of the judiciary. It was great weight of authority as the private
explained that although a court would asset of the town and may be levied upon and
technically have the power to determine the just sold under an ordinary execution."
compensation for property under the Decree, the
If the City of Cebu does not have patrimonial
court's task would be relegated to simply stating
properties, the remedy of Carlos Topico is to file a
the lower value of the property as declared
petition for mandamus to compel it to
either by the owner or by the assessor.
appropriate money to satisfy the Judgment. In
Just compensation means the value of the
Municipality Makati vs. Court of Appeals, 190
property at the time of the taking. It means a
SCRA 206, 213. the Supreme Court said:
fair and full equivalent for the loss sustained.
"Where a municipality falls or refuses,
To determine it requires consideration
without justifiable reason, to effect
of the condition of the property and its
payment of a final money judgment
surrounding, its improvements and capabilities.
rendered against it, the claimant may
avail of the remedy of mandamus in order
to compel the enactment and approval of
Eminent Domain; Just Compensation (1989)
the necessary appropriation ordinance,
No, 6: A law provides that in the event of
and the corresponding disbursement of
expropriation, the amount to be paid to a municipal funds therefor."
landowner as compensation shall be either the
sworn valuation made by the owner or the ALTERNATIVE ANSWER:
official assessment thereof, whichever is lower. Can 1. He can file the money claim with
the landowner successfully challenge the law in
the Commission on Audit.
court? Discuss briefly your answer.
SUGGESTED ANSWER: Eminent Domain; Legal Interest (1993)
Yes, the landowner can successfully challenge No, 5: In expropriation proceedings:
the law in court. According to the decision in 1) What legal interest should be used in the
Export Processing Zone Authority vs. Dulay, 149 computation of interest on just compensation?
SCRA 305, such a law is unconstitutional. First SUGGESTED ANSWER:
of all, it violates due process, because it denies As held in National Power Corporation vs.
to the landowner the opportunity to prove that Angas. 208 SCRA 542, in accordance with
the valuation in the tax declaration is Article 2209 of the Civil Code, the legal interest
should be SIX per cent (6%) a year. Central be other available lots in Santa for a sports
Bank Circular No. 416, which increased the center.
legal interest to twelve percent (12%) a year is not
applicable to the expropriation of property and is Nonetheless, the Municipality of Santa, through
limited to loans, since its issuance is based on its Mayor, filed a complaint for eminent domain.
Presidential Decree No, 116, which amended the Christina opposed this on the
Usury Law. following grounds:
1. the Municipality of Santa has no power
Eminent Domain; Non-observance of to expropriate;
the policy of "all or none" (2000) 2. Resolution No. 1 has been voided since the
No VIII. Madlangbayan is the owner of a 500 Sangguniang Panlalawigan disapproved it
square meter lot which was the birthplace of the for being arbitrary; and
founder of a religious sect who admittedly 3. the Municipality of Santa has other and
played an important role in Philippine history better lots for that purpose.
and culture. The National Historical Resolve the case with reasons. (5%)
Commission (NHC) passed a resolution
declaring it a national landmark and on its SUGGESTED ANSWERS:
recommendation the lot was subjected to a) Under Section 19 of R.A. No. 7160, the
expropriation proceedings. This was opposed by power of eminent domain is
Madlangbayan on the following grounds: a) that explicitly granted to the municipality, but
the lot is not a vast tract; b) that those to be must be exercised through an ordinance
benefited by the expropriation would only be the rather than through a resolution.
members of the religious sect of its founder, (Municipality ofParanaque v. V.M. Realty
and c) that the NHC has not initiated the Corp., G.R. No. 127820, July 20, 1998)
expropriation of birthplaces of other more
deserving historical personalities. Resolve the b) The Sangguniang Panlalawigan of Ilocos Sur
opposition raised by Madlangbayan. (5%) was without the authority to disapprove
SUGGESTED ANSWER: Resolution No. 1 as the municipality clearly has
The arguments of Madlangbayan are not the power to exercise the right of
meritorious. According to Manosca v. Court of eminent domain and its Sangguniang
Appeals, 252 SCRA 412 (1996), the power of Bayan the capacity to promulgate said
eminent domain is not confined to expropriation of resolution. The only ground upon which a
vast tracts of the land. The expropriation of the provincial board may declare any municipal
lot to preserve it as the birthplace of the resolution, ordinance or order invalid is
founder of the religious sect because of his role in when such resolution, ordinance or order is
Philippine history and culture is for a public beyond the powers conferred upon the
purpose, because public use is no longer council or president making the same. Such is
restricted to the traditional concept. The fact that not the situation in this case. (Moday v.
the expropriation will benefit the members of the Court of Appeals, G.R. No. 107916,
religious sect is merely incidental. The fact that February 20, 1997)
other birthplaces have not been expropriated
is likewise not a valid basis for opposing the c) The question of whether there is genuine
expropriation. As held in J.M. Tuason and necessity for the expropriation of Christina's lot
Company, Inc. v. Land Tenure Administration, 31 or whether the municipality has other and
SCRA 413 (1970), the expropriating authority is better lots for the purpose is a matter that
not required to adhere to the policy of "all or none". will have to be resolved by the Court upon
presentation of evidence by the parties to
Eminent Domain; Power to Exercise (2005) the case.
(10-2) The Sangguniang Bayan of the
Municipality of Santa, Ilocos Sur passed Eminent Domain; Public Use (1987)
Resolution No. 1 authorizing its Mayor to initiate a No. XVI: In January 1984, Pasay City
petition for the expropriation of a lot owned by filed expropriation proceedings against
Christina as site for its municipal sports center. This several landowners for the construction of an
was approved by the Mayor. However, the aqueduct for flood control in a barangay.
Sangguniang Panlalawigan of Ilocos Sur Clearly, only the residents of that barangay
disapproved the Resolution as there might still would be benefited by the project.
As compensation, the city offered to pay only
the amount declared by the owners in their tax
declarations, which amount was lower than the expropriation is to use the land as a relocation
assessed value as determined by the assessor. site for 200 families squatting along the
The landowners oppose the expropriation on Pasig river.
the grounds that: a) Can the owner of the property oppose the
(a) the same is not for public use; and expropriation on the ground that only 200
(b) assuming it is for public use, the out of the more than 10,000 squatter
compensation must be based on the families in Pasig City will benefit from the
evidence presented in court and not, as expropriation? Explain.
provided in presidential decrees prescribing b) Can the Department of Agrarian Reform
payment of the value stated in the owner's tax require the City of Pasig to first secure
declarations or the value determined by the authority from said Department before
assessor, whichever is lower. converting the use of the land
from agricultural to housing? Explain.
If you were judge, how would you rule on SUGGESTED ANSWER:
the issue? Why? a) No, the owner of the property cannot oppose the
SUGGESTED ANSWER: expropriation on the ground that only 200 out of
(a) The contention that the taking of private more than 10,000 squatter families in Pasig City
property for the purpose of constructing an will benefit from the expropriation. As held in
aqueduct for flood control is not for public use" is Philippine Columbian Association vs. Pants, 228
untenable- The idea that "PUBLIC USE" SCRA 668, the acquisition of private property for
means exclusively use by the public has been socialized housing is for public use and the fact
discarded. As long as the purpose of the taking is that only a few and not everyone will benefit
public, the exercise of power of eminent from the expropriation does not detract from
domain is justifiable. Whatever may be the nature of the public use.
beneficially employed for the general welfare
satisfies the requirement of public use. (Heirs of b) No, the Department of Agrarian Reform
Juancho Ardona v. Reyes, 123 SCR A 220 (1983)) cannot require Pasig City to first secure
authority from it before converting the use of the
(b) But the contention that the Presidential land from agricultural to residential. According to
Decrees providing that in determining just Province of Camarines Sur vs. Court of
compensation the value stated by the owner in his Appeals, 222 SCRA 173, there is no provision
tax declaration or that determined by the in the Comprehensive Agrarian Reform Law
assessor, whichever is lower, in which subjects the expropriation of agricultural
unconstitutional is correct. In EPZA v. Dulay. lands by local government units to the control of the
G.R. No. 59603, April 29, 1987, it was held that this Department of Agrarian Reform and to
method prescribed for ascertaining just require approval from the Department of
compensation constitutes an impermissible Agrarian Reform will mean that it is not the local
encroachment on the prerogatives of courts. It government unit but the Department of Agrarian
tends to render courts inutile in a matter which, Reform who will determine whether or not the
under the Constitution, is reserved to them for expropriation is for a public use.
final determination. For although under the
decrees the courts still have the power to Eminent Domain; Writ of Possession (1993)
determine just compensation, their task is No, 5: In expropriation proceedings: Can
reduced to simply determining the lower value of the judge validly withhold issuance of the
the property as declared either by the owner or by writ of possession until full payment of the
the assessor. "JUST COMPENSATION" means final value of the expropriated property?
the value of the property at the time of the SUGGESTED ANSWER:
taking. Its determination requires that all facts as No, the judge cannot validly withhold the
to the condition of the property and its surroundings issuance of the writ of possession until full
and its improvements and capabilities must payment of the final value of the expropriated
be considered, and this can only be done in a property. As held in National Power Corporation vs.
judicial proceeding. Jocson, 206 SCRA 520. it is the rninisterial duty of
the Judge to issue the writ of possession
Eminent Domain; Socialized Housing (1996) upon deposit of the provisional value of the
No. 4 - The City of Pasig initiated expropriation expropriated property with the National or
proceedings on a one-hectare lot which is part Provincial Treasurer.
of a ten-hectare parcel of land devoted to the ALTERNATIVE ANSWER:
growing of vegetables. The purpose of the

(per Dondee) in Republic vs. Gingoyon, Marina feels very aggrieved over the denial and
GR no. 166429, Dec. 19, 2005, the SC held has come to you for advice. She wants to know:
that RA 8974 now requires full payment (1) Whether the Board of Examiners had any
before the State may exercise proprietary plausible or legal basis for rejecting her
rights in an expropriation proceeding and application in 1986. Explain briefly.
making the previous ruling obiter dictum. (2) Whether the 1987 Constitution guarantees her
the right to admission to take the
Equal Protection; Alien Employment (1989) coming January 1988 marine officers
No 18: An ordinance of the City of examinations. Explain and cite
Manila requires every alien desiring relevant provisions.
to obtain employment of whatever kind, SUGGESTED ANSWER:
including casual and part-time employment, in (a) The disqualification of females from the
the city to secure an employment permit from practice of marine profession constitutes as
the City Mayor and to pay a work permit invidious discrimination condemned by the
fee of P500. Is the ordinance valid? Equal Protection Clause of that Constitution
SUGGESTED ANSWER: (Art. IV, Sec. 1) In the United States, under a
No, the ordinance is not valid. In Villegas vs. similar provision, while earlier decisions of the
Hiu Chiong Tsai Pao Ho, 86 SCRA 270, it was held Supreme Court upheld the validity of a statute
that such an ordinance violates equal prohibiting women from bartending unless she
protection. It failed to consider the valid was the wife or daughter of a male owner
substantial differences among the aliens (Goesart v. Cleary, 335 U.S. 464 (1948) and denying
required to pay the fee. The same among it (Bradwell v.
being collected from every employed alien, to women the right to practice law
whether he is casual or permanent, part-time or full- State, 83 U.S. (16 Wall) 130 (1873) , recent decisions
time. The ordinance also violates due have invalidated statutes or regulations
process, because it does not contain any providing for differential treatment of females
standard to guide the mayor in the exercise of based on nothing stereotypical and inaccurate
the power granted to him by the ordinance. generalizations. The Court held that
Thus, it confers upon him unrestricted power to "classification based on sex, like classifications
allow or prevent an activity which is lawful per based upon race, alienage, or national origin,
se. are inherently suspect, and must therefore be
subjected to strict judicial scrutiny." Accordingly, the
Equal Protection; Invidious Discrimination Court invalidated a statute permitting a male
(1987) serviceman to claim his spouse as a dependent to
No. VI: Marina Neptunia, daughter of a sea
obtain increased quarter allowance,
captain and sister to four marine officers
regardless of whether the wife is actually
decided as a child to follow in her father's dependent on him, while denying the same right to
footsteps. In her growing up years she was as a servicewoman unless her husband was in fact
much at home on board a boat as she was in dependent on her for over one half of his
the family home by the sea. In time she earned a support. (Frontierro v Richardson, 411 U.S. 687
Bachelor of Science degree in Marine (1973); Accord Craig, v. Boren, 429 U.S. 190 (1976)
Transportation, major in Navigation and (providing for sale of beer to males under
Seamanship. She served her apprenticeship for a 21 and to females under 18); Reed v.
year in a merchant marine vessel registered for Reed. 404 U.S. 71 (1971) (preference given
foreign trade and another year on a to men over women for appointment as
merchant marine vessel registered for administrators of estates invalid).
coastwise trade. But to become a full-fledged
marine officer she had to pass the appropriate (b) In addition to the Equal Protection Clause,
board examinations before she could get her the 1987 Constitution now requires the State to
professional license and registration. She "ensure the fundamental equality before the law of
applied in January 1986 to take examination for women and men" (Art II, Sec. 14) and to
marine officers but her application was rejected for provide them with "such facilities and
the reason that the law Regulating the opportunities that will enhance their welfare and
Practice of Marine Profession in the Philippines enable them to realize their full potential in the
(Pres. Dec. No. 97 (1973) ) specifically service of the nation." (Art. XIII, Sec. 14). These
prescribes that "No person shall be qualified for provisions put in serious doubt the validity of
examination as marine officer unless he is: PD 97 limiting the practice of marine profession to
males.
Equal Protection; Invidious Discrimination professions, the medical profession
(1987) directly affects the lives of the people.
No. 10: "X", a son of a rich family, applied for
enrolment with the San Carlos Seminary in Equal Protection; Right to Education (1994)
Mandaluyong, Metro Manila. Because he had No. 12; The Department of Education,
been previously expelled from another Culture and Sports Issued a circular
seminary for scholastic deficiency, the Rector of San disqualifying anyone who fails for the fourth
Carlos Seminary denied the application without time in the National Entrance Tests from
giving any grounds for the denial. After "X" was admission to a College of Dentistry. X
refused admission, the Rector admitted another who was thus disqualified, questions the
applicant, who is the son of a poor farmer who constitutionality of the circular.
was also academically deficient. 1) Did the circular deprive her of
(a) Prepare a short argument citing rules, laws, her constitutional right to education?
or constitutional provisions in support of 2) Did the circular violate the equal protection
"X's" motion for reconsideration of the clause of the Constitution?
denial of his application. SUGGESTED ANSWER:
SUGGESTED ANSWER: 1) No, because it is a permissive limitation to
The refusal of the seminary to admit "X" right to education, as it is intended to
constitutes invidious discrimination, violative of ensure that only those who are qualified to be
the Equal Protection Clause (Art. III, Sec. 1) of the dentists are admitted for enrollment....
Constitution. The fact, that the other applicant
is the son of a poor farmer does not make the 2) No, the circular did not violate the equal
discrimination any less invidious since the other protection clause of the Constitution. There is a
applicant is also academically deficient. The substantial distinction between dentistry
reverse discrimination practiced by the seminary students and other students. The dental
cannot be justified because unlike the race profession directly affects the lives and health of
problem in America, poverty is not a condition of people. Other professions do not involve the same
inferiority needing redress. delicate responsibility and need not be similarly
treated. This is in accordance with the ruling in
Equal Protection; Police Power (2000) Department of Education, Culture and Sports vs.
No IV. Undaunted by his three failures in the San Diego, 180 SCRA 533.
National Medical Admission Test (NMAT), Cruz
applied to take it again but he was refused Equal Protection; Subsidiary
because of an order of the Department of Imprisonment (1989)
Education, Culture and Sports (DECS) No. 4: "X" was sentenced to a penalty of 1 year and
disallowing flunkers from taking the test a fourth 5 months of prision correctional and to pay a fine
time. Cruz filed suit assailing this rule raising of P8,000.00, with subsidiary imprisonment
the constitutional grounds of accessible quality in case of solvency. After serving his prison term,
education, academic freedom and equal "X" asked the Director of Prisons whether he
protection. The government opposes this, could already be released. "X" was asked to pay
upholding the constitutionality of the rule on the the fine of P5,000.00 and he said he could not
ground of exercise of police power. Decide the case afford it, being an indigent. The Director informed
discussing the grounds raised. (5%) him he has to serve an additional prison term at
SUGGESTED ANSWER: the rate of one day per eight pesos in accordance
As held in Department of Education, Culture and with Article 39 of the Revised Penal Code, The
Sports v. San Diego,180 SCRA 533 (1989), the lawyer of "X" filed a petition for habeas corpus
rule is a valid exercise of police power to contending that the further incarceration of his
ensure that those admitted to the medical client for unpaid fines violates the equal
profession are qualified. The arguments of Cruz are protection clause of the Constitution. Decide.
not meritorious. The right to quality
education and academic freedom are not SUGGESTED ANSWER:
absolute. Under Section 5(3), Article XIV of the (1) The petition should be granted, because
Constitution, the right to choose a profession is Article 39 of the Revised Penal Code is
subject to fair, reasonable and equitable unconstitutional. In Tate vs. Short, 401 U.S.
admission and academic requirements. The 395, the United States Supreme Court held that
rule does not violate equal protection. There is a imposition of subsidiary imprisonment upon a
substantial distinction between medical convict who is too poor to pay a fine violates
students and other students. Unlike other equal protection, because economic status

cannot serve as a valid basis for distinguishing Communications. What would you do regarding
the duration of the imprisonment between a that ban on the sale of blocked time?
convict who is able to pay the fine and a convict Explain your answer.
who is unable to pay it. SUGGESTED ANSWER:
I would challenge its validity in court on the
(2) On the other hand, in United States ex rel. ground that it constitutes a prior restraint on
Privitera vs. Kross, 239 F Supp 118, it was held that freedom of expression. Such a limitation is valid
the imposition of subsidiary imprisonment for only in exceptional cases, such as where the
inability to pay a fine does not violate equal purpose is to prevent actual obstruction to
protection, because the punishment should be recruitment of service or the sailing dates of
tailored to fit the individual, and equal protection transports or the number and location of troops, or
does not compel the eradication of every for the purpose of enforcing the primary
disadvantage caused by indigence. The requirements of decency or the security of
decision was affirmed by the United States community life. (Near v. Minnesota, 283 U.S,
Circuit Court of Appeals in 345 F2d 533, and 697 (1931)). Attacks on the government, on the
the United States Supreme Court denied the other hand, cannot justify prior restraints. For as has
petition for certiorari in 382 U.S. 911. This been pointed out, "the interest of society and
ruling was adopted by the Illinois Supreme the maintenance of good government demand
Court in People vs. Williams, 31 ALR3d 920. a full discussion of public affairs. Complete
liberty to comment on the conduct of public men is
Freedom of Expression; Censorship (2003) a scalpel in the case of free speech. The sharp
No IX - May the COMELEC (COMELEC) incision of its probe relieves the abscesses of
prohibit the posting of decals and stickers on officialdom. Men in public life may suffer under a
"mobile" places, public or private, such as on a hostile and an unjust accusation; the wound
private vehicle, and limit their location only to can be assuaged with the balm of a clear
the authorized posting areas that the conscience," (United States v Bustos, 37 Phil. 741
COMELEC itself fixes? Explain. (1918)).
SUGGESTED ANSWER:
According to Adiong v. COMELEC. 207 SCRA The parties adversely affected may also
712 [1992], the prohibition is unconstitutional. It disregard the regulation as being on its face
curtails the freedom of expression of individuals void. As has been held, "any system of prior
who wish to express their preference for a restraints of expression comes to the court
candidate by posting decals and stickers on bearing a heavy presumption against its
their cars and to convince others to agree with constitutional validity," and the government
them. It is also overbroad, because it "thus carries a heavy burden of showing
encompasses private property and constitutes justification for the imposition of such a
deprivation of property without due process of restraint." (New York Times Co. v. United
law. Ownership of property includes the right to use. States, 403 U.S. 713 (1971)).
The prohibition is censorship, which cannot
be justified. The usual presumption of validity that inheres in
legislation is reversed in the case of
Freedom of Expression; Prior Restraint laws imposing prior restraint on
(1988) freedom of expression.
No. 16: The Secretary of Transportation and
Communications has warned radio station Freedom of Religion; Convicted Prisoners
operators against selling blocked time, on the (1989)
claim that the time covered thereby are often No. 5: "X" is serving his prison sentence in
used by those buying them to attack the Muntinlupa. He belongs to a religious sect that
present administration. Assume that the prohibits the eating of meat. He asked the
department implements this warning and orders Director of Prisons that he be served with
owners and operators of radio stations not to meatless diet. The Director refused and "X"
sell blocked time to interested parties without sued the Director for damages for violating his
prior clearance from the Department of religious freedom. Decide.
Transportation and Communications. SUGGESTED ANSWER:
Yes, the Director of Prison is liable under Article 32
You are approached by an interested party of the Civil Code for violating the religious
affected adversely by that order of the freedom of "X". According to the decision of the
Secretary of Transportation and United States Supreme Court in the case of

O'Lone vs. Estate of Shabazz, 107 S. Ct. 2400, of action. The right to act on one's
convicted prisoners retain their right to free religious belief is not absolute and is
exercise of religion. At the same time, lawful subject to police power for the protection of
incarceration brings about necessary limitations of the general welfare. Hence the tapes may
many privileges and rights justified by the be required to be reviewed prior to airing.
considerations underlying the penal system. In
considering the appropriate balance between In Iglesia ni Cristo vs. Court of Appeals,
these two factors, reasonableness should be the 259 SCRA 529, 544, the Supreme Court held:
test. Accommodation to religious freedom can be "We thus reject petitioner's postulate that Its
made if it will not involve sacrificing the interests of religious program is per se beyond review by the
security and it will have no impact on the respondent Board. Its public broadcast on TV
allocation of the resources of the penitentiary. of its religious program brings it out of the bosom
In this case, providing "X" with a meatless diet of internal belief. Television is a medium that
will not create a security problem or unduly reaches even the eyes and ears of children. The
increase the cost of food being served to the Court reiterates the rule that the exercise of
prisoners. In fact, in the case of O' Lone vs. Estate religions freedom can be regulated by the
of Shabazz, it was noted that the Moslem State when it will bring about the CLEAR
prisoners were being given a different meal AND PRESENT DANGER of some substantive
whenever pork would be served. evil which the State is duty bound to prevent,
ALTERNATIVE ANSWER: i.e., serious detriment to the mere overriding
The suit should be dismissed. The Free Interest of public health, public morals, or
Exercise Clause of the Constitution is public welfare."
essentially a restraint on governmental
interference with the right of individuals to However, the Movie and Television Review and
worship as they please. It is not a mandate to Classification Board cannot ban the tapes on
the state to take positive, affirmative action to the ground that they attacked other religions. In
enable the individual to enjoy his freedom. It Iglesia ni Cristo vs. Court of Appeals,. 259
would have been different had the Director of SCRA 529, 547, the Supreme Court held:
Prisons prohibited meatless diets in the penal "Even a side glance at Section 3 of PD No.
institution. 1986 will reveal that it is not among the
grounds to justify an order prohibiting the
Freedom of Religion; Limitations (1998) broadcast of petitioner's television program."
No XV. - A religious organization has a weekly
television program. The program presents Moreover, the broadcasts do not give rise to a
and propagates its religious, doctrines, clear and present danger of a substantive
and compares their practices with those of evil. In the case of Iglesia ni Cristo vs. Court of
other religions. Appeals, 259 SCRA 529, 549:
As the Movie and Television Review and "Prior restraint on speech, including the
Classification Board (MTRCB) found as religious speech, cannot be justified by
offensive several episodes of the program hypothetical fears but only by the showing of a
which attacked other religions, the MTRCB substantive and imminent evil which has
required the organization to submit its tapes for taken the reality already on the ground."
review prior to airing.
Freedom of Religion; Flag Salute (1997)
The religious organization brought the case No. 12: Section 28. Title VI, Chapter 9, of the
to court on the ground that the action Administrative Code of 1987 requires all
of the MTRCB suppresses its freedom of educational institutions to observe a simple and
speech and interferes with its right to dignified flag ceremony, including the playing or
free exercise of religion. Decide. [5%] singing of the Philippine National Anthem,
SUGGESTED ANSWER: pursuant to rules to be promulgated by the
The religious organization cannot invoke Secretary of Education. Culture and Sports,
freedom of speech and freedom of religion as The refusal of a teacher, student or pupil to
grounds for refusing to submit the tapes to the attend or participate in the flag ceremony is a
Movie and Television Review and Classification ground for dismissal after due investigation.
Board for review prior to airing. When the The Secretary of Education Culture and Sports
religious organization started presenting its issued a memorandum implementing said
program over television, it went into the realm provision of law. As ordered, the flag ceremony
would be held on Mondays at 7:30 a.m. during class discretionary funds. Recently, however, the
days. A group of teachers, students and pupils Sangguniang Panlalawigan passed a resolution
requested the Secretary that they be exempted appropriating P100,000 as a
from attending the flag ceremony on the ground that special discretionary fund of the Governor
attendance thereto was against their religious to be spent by him in leading a
belief. The Secretary denied the request. The pilgrimage of his provincemates to Mecca,
teachers, students and pupils concerned went Saudi Arabia, Islam's holiest city.
to Court to have the memorandum circular
declared null and void. Philconsa, on constitutional grounds, has
Decide the case. filed suit to nullify the resolution of the
SUGGESTED ANSWER: Sangguniang Panlalawigan giving the special
The teachers and the students should be discretionary fund to the Governor for the
exempted from the flag ceremony. As held in stated purpose. How would you decide the
Ebralinag vs. Division Superintendent of case? Give your reasons.
Schools of Cebu, 251 SCRA 569. to compel SUGGESTED ANSWER:
them to participate in the flag ceremony will The resolution is unconstitutional First, it
violate their freedom of religion. Freedom of violates art. VI, sec. 29(2) of the Constitution
religion cannot be impaired except upon the which prohibits the appropriation of public
showing of a clear and present danger of a money or property, directly or indirectly, for the use,
substantive evil which the State has a right to benefit or support of any system of religion,
prevent. The refusal of the teachers and the and, second, it contravenes art. VI, sec, 25(6)
students to participate in the flag ceremony which limits the appropriation of discretionary
does not pose a clear and present danger. funds only for public purposes. The use of
discretionary funds for purely religious purpose
Freedom of Religion; Flag Salute (2003) is thus unconstitutional, and the fact that the
No III - Children who are members of a religious disbursement is made by resolution of a local
sect have been expelled from their respective legislative body and not by Congress does not make
public schools for refusing, on account of their it any less offensive to the Constitution. Above
religious beliefs, to take part in the flag all, the resolution constitutes a clear
ceremony which includes playing by a band or violation of the Non- establishment Clause
singing the national anthem, saluting the (art. III, sec. 5) of the Constitution.
Philippine flag and reciting the patriotic pledge. The
students and their parents assail the
expulsion on the ground that the school Freedom of Religion; Non-Establishment
authorities have acted in violation of their right Clause (1992)
to free public education, freedom of speech, and No. 10: Recognizing the value of education in
religious freedom and worship. Decide the case. making the Philippine labor market attractive to
foreign investment, the Department of
SUGGESTED ANSWER: Education, Culture and Sports offers subsidies to
The students cannot be expelled from school. accredited colleges and universities in order to
As held in Ebralinag v. The Division promote quality tertiary education. The DECS
Superintendent of Schools of Cebu. 219 SCRA 256 grants a subsidy to a Catholic school which
[1993], to compel students to take part in the requires its students to take at least 3 hours a
flag ceremony when it is against their week of religious instruction.
religious beliefs will violate their religious a) Is the subsidy permissible? Explain,
freedom. Their expulsion also violates the duty of b) Presuming that you answer in the negative,
the State under Article XIV, Section 1 of the would it make a difference if the subsidy
Constitution to protect and promote the right of all were given solely in the form of laboratory
citizens to quality education and make such equipment in chemistry and physics?
education accessible to all. c) Presume, on the other hand, that the
subsidy is given in the form of scholarship
Freedom of Religion; Non-Establishment vouchers given directly to the student and
Clause (1988) which the student can use for paying tuition in
No. 7: - Tawi-Tawi is a predominantly Moslem any accredited school of his choice,
province. The Governor, the Vice-Governor, whether religious or non-sectarian.
and members of its Sang-guniang Panlalawigan are Will your answer be different?
all Moslems. Its budget provides the SUGGESTED ANSWER:
Governor with a certain amount as his
a) No, the subsidy is not permissible. It will Was the Commission on Audit correct in
foster religion, since the school gives religious disallowing the vouchers in question?
instructions to its students. Besides, it will SUGGESTED ANSWER:
violate the prohibition in Section 29[2J, Article VI Yes, the Commission on Audit was correct in
of the Constitution against the use of public disallowing the expenditures. Section 29(2),
funds to aid religion. In Lemon vs Kurtzman. Article VI of the Constitution prohibits the
403 U.S. 602, it was held that financial expenditure of public funds for the use, benefit, or
assistance to a sectarian school violates the support of any priest. The only exception is
prohibition against the establishment of religion if when the priest is assigned to the armed forces, or
it fosters an excessive government to any penal institution or government
entanglement with religion. Since the school orphanage or leprosarium. The sending of a
requires its students to take at least three hours a priest to minister to the spiritual needs of
week of religious instructions, to ensure that the overseas contract workers does not fall within
financial assistance will not be used for religious the scope of any of the exceptions.
purposes, the government will have to conduct a
continuing surveillance. This involves excessive Freedom of Speech; Ban on Tobacco AD
entanglement with religion. (1992)
No. 1: Congress passes a law
b) If the assistance would be in the form of prohibiting television stations from airing any
laboratory equipment in chemistry and physics, it commercial advertisement which promotes
will be valid. The purpose of the assistance is tobacco or in any way glamorizes the
secular, i.e., the improvement of the quality of consumption of tobacco products.
tertiary education. Any benefit to religion is
merely incidental. Since the equipment can This legislation was passed in response
only be used for a secular purpose, it is to findings by the Department of Health about
religiously neutral. As held in Tilton vs. the alarming rise in lung diseases in the
Richardson, 403 U.S. 672, it will not involve country. The World Health Organization
excessive government entanglement with has also reported that U.S. tobacco
religion, for the use of the equipment will not companies have- shifted marketing efforts to
require surveillance. the Third World due to dwindling sales in
the health-conscious American market.
c) In general, the giving of scholarship
vouchers to students is valid. Section Cowboy Levy's, a Jeans company,
2(3), Article XIV of the Constitution recently released an advertisement
requires the State to establish a system of featuring model Richard Burgos wearing
subsidies to deserving students in both public Levy's jackets and jeans and holding a
and private schools. However, the law is vague and pack of Marlboro cigarettes.
over-broad. Under it, a student who wants to
study for the priesthood can apply for the The Asian Broadcasting Network (ABN), a
subsidy and use it for his studies. This will privately owned television station, refuses to air the
involve using public funds to aid religion. advertisement in compliance with the law.
a) Assume that such refusal abridges the
Freedom of Religion; Non-Establishment freedom of speech. Does the constitutional
Clause (1997) prohibition against the abridgement of the
No. 4: Upon request of a group of overseas freedom of speech apply to acts done by
contract workers in Brunei, Rev. Father Juan de la ABN, a private corporation? Explain.
Cruz, a Roman Catholic priest, was sent to that b) May Cowboy Levy's, a private
country by the President of the Philippines to corporation, invoke the free speech
minister to their spiritual needs. The travel guarantee in its favor? Explain.
expenses, per diems, clothing allowance and c) Regardless of your answers above, decide
monthly stipend of P5,000 were ordered the constitutionality of the law in question.
charged against the President's discretionary SUGGESTED ANSWER:
fund. Upon post audit of the vouchers therefor, the a) The constitutional prohibition against the
Commission on Audit refused approval thereof freedom of speech does not apply to ABN, a
claiming that the expenditures were in violation private corporation. As stated in Hudgens vs.
of the Constitution. National Labor Relations Board, 424 U.S. 507,
the constitutional guarantee of freedom of
speech is a guarantee only against

abridgement by the government. It does not knowledge that it was false or with reckless
therefore apply against private parties. disregard of whether it was false or not (Borja v.
ALTERNATIVE ANSWER: Court of Appeals, 301 SCRA 1 /1999). Since there
Since ABN has a franchise, it may be is no proof that the report was published with
considered an agent of the government by knowledge that it is false or with reckless
complying with the law and refusing to air the disregard of whether it was false or not, the
advertisement, it aligned itself with the defendants are not liable for damage.
government. Thus it rendered itself liable for a
lawsuit which is based on abridgement of the SECOND ALTERNATIVE ANSWER:
freedom of speech. Under Article 32 of the Civil Since Senator XX is a public person and the
Code, even private parties may be liable for questioned imputation is directed against him in his
damages for impairment of the freedom of public capacity, in this case actual malice
speech. means the statement was made with
knowledge that it was false or with reckless
b) Cowboy Levy's may invoke the disregard of whether it was false or not (Borjal
constitutional guarantee of freedom of speech v. Court of Appeals, 301 SCRA 1 /1999]). Since it is
in its favor. In First National Bank of Boston vs. a matter of public knowledge that there is no
Bellotti, 435 U.S. 765, it was ruled that this YY Street in Makati, the publication was made
guarantee extends to corporations. In Virginia with reckless disregard of whether or not it is false.
State Board of Pharmacy vs. Virginia Citizens The defendants may be held liable for damages.
Consumer Council Inc., 425 U.S. 748 , it was held
that this right extends to commercial
advertisements. In Ayer Productions Pty, Ltd. vs. Freedom of the Press; Wartime Censorship
Capulong, 160 SCRA 861, the Supreme Court held (1987)
that even if the production of a film is a No. XIV: In the morning of August 28, 1987,
commercial activity that is expected to yield during the height of -the fighting at Channel 4
profits, it is covered by the guarantee of and Camelot Hotel, the military closed Radio
freedom of speech. Station XX, which was excitedly reporting the
successes of the rebels and movements
c) The law is constitutional. It is a valid towards Manila and troops friendly to the
exercise of police power, .... rebels. The reports were correct and factual. On
October 6, 1987, after normalcy had returned
Freedom of the Press; Actual Malice (2004) and the Government had full control of the
(5-a) The STAR, a national daily newspaper, situation, the National Telecommunications
carried an exclusive report stating that Senator XX Commission, without notice and hearing, but
received a house and lot located at YY Street, merely on the basis of the report of the military,
Makati, in consideration for his vote cutting cancelled the franchise of station XX.
cigarette taxes by 50%. The Senator sued the Discuss the legality of:
STAR, its reporter, editor and publisher for (a) The action taken against the station on
libel, claiming the report was completely false August 28, 1987;
and malicious. According to the Senator, there (b) The cancellation of the franchise of the
is no YY Street in Makati, and the tax cut was station on October 6, 1987.
only 20%. He claimed one million pesos in SUGGESTED ANSWER:
damages. The defendants denied "actual (a) The closing down of Radio Station XX
malice," claiming privileged communication and during the fighting is permissible. With respect
absolute freedom of the press to report on public news media, wartime censorship has been
officials and matters of public concern. If there upheld on the ground that "when a nation is at war
was any error, the STAR said it would many things that might be said in time of peace
publish the correction promptly. Is there "actual are such a hindrance to its efforts that their
malice" in STAR'S reportage? How is "actual utterance will not be endured so long as men
malice" defined? Are the defendants liable for fight and that no Court could regard them as
damages? (5%) protected by any constitutional right." The
security of community life may be protected
FIRST ALTERNATIVE ANSWER: against incitements to acts of violence and the
Since Senator XX is a public person and the
overthrow by force of orderly government.
questioned imputation is directed against him in his (Near v. Minnesota, 283 U.S. 697 (1931),
public capacity, in this case actual malice quoting Justice Holme's opinion in Schenck v.
means the statement was made with United States, 249 U.S. 47 (1919); New York
Times v. United States, 403 U.S. 713 (1971) ) does not entail enforcement of the stipulation
With greater reason then may censorship in not to marry and not to have a baby. It is limited to
times of emergency be justified in the case of a refund of a portion of the promotion
broadcast media since their freedom is expenses incurred by Solidaridad Films.
somewhat lesser in scope. The impact of the
vibrant speech, as Justice Gutierrez said, is Involuntary Servitude (1993)
forceful and immediate. Unlike readers of the No. 16; - Joy, an RTC stenographer, retired at
printed work, a radio audience has lesser the age of 65. She left unfinished the
opportunity to cogitate, analyze and reject the transcription of her notes in a criminal case
utterance. (Eastern Broadcasting Corp (DYRE) v, which was on appeal. The Court of Appeals
Dans, 137 SCRA 647 (1985) ). In FCC v. ordered Joy to transcribe her notes. She
Pacifica Foundation, 438 U.S. 726 (1978), it was refused to comply with the order reasoning that she
held that "of all forms of communication, it is was no longer in the government service. The
broadcasting which has received the most CA declared Joy in contempt of court and she
limited First Amendment Protection." was incarcerated. Joy filed a petition for habeas
corpus arguing that her incarceration is tantamount
Impairment Clause; Basic Human to illegal detention and to require her to work
Rights (1992) sans compensation would be involuntary
No. 2: Sheila, an actress, signed a two-year servitude. Decide.
contract with Solidaridad Films, The film SUGGESTED ANSWER:
company undertook to promote her career and to Joy can be incarcerated for contempt of court
feature her as the leading lady in at least four for refusing to transcribe her stenographic
movies. In turn, Sheila promised that, for the notes. As held In Adoracion v. Gatmaitan, 64
duration of the contract, she shall not get SCRA 132, her incarceration does not
married or have a baby; otherwise, she shall be constitute illegal detention. It is lawful, because it is
liable to refund to the film company a portion of its the consequence of her disobedience of the court
promotion expenses. order. Neither can she claim that to require
a) Does this contract impair, or impinge upon, her to work without compensation is tantamount
any constitutionally protected liberty to involuntary servitude. Since courts have
of Sheila? Explain. the Inherent power to Issue such orders as are
b) If Solidaridad Films tries to enforce this necessary for the administration of Justice, the
contract judicially, will this constitutionally Court of Appeals may order her to transcribe her
protected liberty prevail? Explain. stenographic notes even if she is no longer In the
SUGGESTED ANSWER: government service.
a) Yes, the contract impairs the right of Sheila to
marry and to procreate. The case of Loving vs. Liberty of Abode; Limitations (1998)
Virginia, 388 U.S. 1 and Zablocki vs. Redhail No VIII - Juan Casanova contracted Hansen's
434 U.S. 374 recognized the right to marry is a disease (leprosy) with open lesions. A law
basic civil right. Likewise, the case of Skinner requires that lepers be isolated upon petition of the
vs Oklahoma, 316 U.S. 535 recognized that City Health Officer. The wife of Juan
the right to procreate is a basic civil right. These Casanova wrote a letter to the City Health
rights are part of the liberty protected by the due Officer to have her formerly philandering
process clause in Section 1. Article 1 of the husband confined in some isolated leprosarium.
Constitution. Juan Casanova challenged the constitutionality of
the law as violating his liberty of abode. Will the suit
b) Yes, the constitutionally protected liberty of prosper? [5%]
Sheila will prevail, because it involves basic SUGGESTED ANSWER:
human rights. The waiver of these basic No, the suit will not prosper. Section 6, Article
human rights is void. What Solidaridad Films III of the Constitution provides:
is seeking to recover are promotion expenses. "The liberty of abode and of changing
These involve property rights. As held in the same within the limits prescribed by law
Philippine Blooming Mills Employees shall not be impaired except upon lawful
Organization vs. Philippine Blooming Mills, Inc., 51 order of the court."
SCRA 189, civil rights are superior to
property rights. The liberty of abode is subject to the police
ALTERNATIVE ANSWER; power of the State. Requiring the segregation of
The waiver of the right to marry and the right to lepers is a valid exercise of police power. In
procreate is valid. Enforcement of the contract
Lorenzo us. Director of Health. 50 Phil 595, a valid exercise of police power. (See also
598, the Supreme Court held: People vs. Nitafan, 207 SCRA 730)
"Judicial notice will be taken of the fact that
leprosy is commonly believed to be an Police Power; Abatement of Nuisance (2004)
infectious disease tending to cause one (9-b) The City of San Rafael passed an
afflicted with it to be shunned and excluded ordinance authorizing the City Mayor, assisted by
from society, and that compulsory the police, to remove all advertising signs
segregation of lepers as a means of displayed or exposed to public view in the main city
preventing the spread of the disease is street, for being offensive to sight or
supported by high scientific authority." otherwise a nuisance. AM, whose advertising
agency owns and rents out many of the
Liberty of Abode; Temporary (1996) billboards ordered removed by the City Mayor,
No 2: The military commander-in charge of the claims that the City should pay for the
operation against rebel groups directed destroyed billboards at their current market
the inhabitants of the island which would value since the City has appropriated them for
be the target of attack by government the public purpose of city beautification. The
forces to evacuate the area and offered Mayor refuses to pay, so AM is suing the City
the residents temporary military hamlet. and the Mayor for damages arising from the
taking of his property without due process nor
Can the military commander force the residents just compensation. Will AM prosper? Reason
to transfer their places of abode without a court briefly. (5%)
order? Explain. FIRST ALTERNATIVE ANSWER:
SUGGESTED ANSWER: The suit of AM will not prosper. The removal of the
No, the military commander cannot compel the billboards is not an exercise of the power of eminent
residents to transfer their places of abode domain but of police power (Churchill v. Rafferty,
without a court order. Under Section 6, Article III 32 Phil. 580 [19150- The abatement of a nuisance
of the Constitution, a lawful order of the court is in the exercise of police power does not
required before the liberty of abode and of constitute taking of property and does not entitle the
changing the same can be impaired. owner of the property involved to compensation.
ALTERNATIVE ANSWER; (Association of Small Landowners in the
Yes, the military commander can compel Philippines, Inc. v. Secretary of Agrarian Reform,
the residents to transfer their places of 175 SCRA 343 [1989]).
abode without a court order. If there is no
reasonable time to get a court order and SECOND ALTERNATIVE ANSWER:
the change of abode is merely temporary, The removal of the billboards for the purpose of
because of the exigency, this exercise of beautification permanently deprived AM of
police power may be justified. the right to use his property and amounts
to its taking. Consequently, he should be
Non-Imprisonment for Non-Payment of Debt paid just compensation. (People v. Fajardo, 104
(1993) Phil. 443 11958]).
No 12: Sec. 13 of PD 115 (Trust Receipts Law)
provides that when the entrustee in a trust Police Power; Ban on Tobacco AD (1992)
receipt agreement fails to deliver the No. 1: Congress passes a law
proceeds of the sale or to return the goods if prohibiting television stations from airing any
not sold to the entrustee-bank, the entrustee commercial advertisement which promotes
is liable for estafa under the RPC. Does tobacco or in any way glamorizes the
this provision not violate the consumption of tobacco products.
constitutional right against imprisonment
for non-payment of a debt? Explain. This legislation was passed in response
SUGGESTED ANSWER: to findings by the Department of Health about
No, Section 13 of Presidential Decree No. 115 the alarming rise in lung diseases in the
does not violate the constitutional right against country. The World Health Organization
imprisonment for non-payment of a debt. As has also reported that U.S. tobacco
held in Lee vs. Rodil, 175 SCRA 100, the companies have- shifted marketing efforts to
criminal liability arises from the violation of the the Third World due to dwindling sales in
trust receipt, which is separate and distinct from the the health-conscious American market,
loan secured by it. Penalizing such an act is

Cowboy Levy's, a Jeans company, of the ordinance is a valid exercise of police
recently released an advertisement power. It is hazardous to health and comfort to use
featuring model Richard Burgos wearing the lot for residential purposes, since a highway
Levy's jackets and jeans and holding a crosses the subdivision and the area has
pack of Marlboro cigarettes. become commercial.
The Asian Broadcasting Network (ABN), a Police Power; Zoning Ordinance vs. Non-
privately owned television station, refuses to air the Impairment of Contracts (2001)
advertisement in compliance with the law. No XVIII In the deeds of sale to, and in the land
Decide the constitutionality of the law in titles of homeowners of a residential subdivision in
question. Pasig City, there are restrictions annotated
SUGGESTED ANSWER: therein to the effect that only residential houses or
The law is constitutional. It is a valid exercise of structures may be built or constructed on the lots.
police power, because smoking is harmful to health. However, the City Council of Pasig enacted
In Posadas de Puerto Rico Associates vs. an ordinance amending the existing zoning
Tourism Company of Puerto Rico, 478 U.S. 328, it ordinance by changing the zone
was ruled that a law prohibiting certain types of classification in that place from purely
advertisements is valid if it was adopted in residential to commercial.
the interest of the health, safety, and welfare
of the people. In Capital Broadcasting "A", a lot owner, sold his lot to a banking firm
Company us. Mitchell 333 F Supp 582, a law and the latter started constructing a commercial
making it unlawful to advertise cigarettes on building on the lot to house a bank inside the
any medium of electronic communication was subdivision. The subdivision owner and the
upheld. The United States Supreme Court homeowners' association filed a case in court to
summarily sustained this ruling in Capita! stop the construction of the building for banking
Broadcasting Company us, Acting Attorney business purposes and to respect the
General 405 U.S. 1000. The law in question restrictions embodied in the deed of sale by the
was enacted on the basis of the legislative finding subdivision developer to the lot owners, as well as
that there is a need to protect public health, the annotation in the titles.
because smoking causes lung diseases.
Cowboy Levy's has not overthrown this finding. If you were the Judge, how would you
resolve the case? (5%)
SUGGESTED ANSWER:
Police Power; Zoning Ordinance vs. Non- If I were the judge, I would dismiss the case. As
Impairment of Contracts (1989) held in Ortigas and Company
No. 12: Pedro bought a parcel of land from Limited Partnership vs. FEATI Bank
Smart Corporation, a realty firm engaged in and Trust Company. 94 SCRA 633 (1979),
developing and selling lots to the public. One of the the zoning ordinance is a valid exercise of
restrictions in the deed of sale which was police power and prevails over the
annotated in the title is that the lot shall be used by contractual stipulation restricting the use
the buyer exclusively for residential of the lot to residential purposes.
purposes. A main highway having been
constructed across the subdivision, the area Privacy of Communication (2001)
became commercial in nature. The municipality later No XII - "A" has a telephone line with
passed a zoning ordinance declaring the area an extension. One day, "A" was talking to "B"
as a commercial bank building on his lot. Smart over the telephone. "A" conspired with his
Corporation went to court to stop the friend "C", who was at the end of the
construction as violative of the building extension line listening to "A's" telephone
restrictions imposed by it. The corporation conversation with "B" in order to overhear
contends that the zoning ordinance cannot and tape-record the conversation wherein
nullify the contractual obligation assumed by the "B" confidentially admitted that with evident
buyer. Decide the case. premeditation, he (B) killed "D" for having
SUGGESTED ANSWER: cheated him in their business partnership.
The case must be dismissed. As held in Ortigas and "B" was not aware that the telephone
Company, Limited Partnership vs. FEATIi Bank conversation was being tape- recorded.
and Trust Company, 94 SCRA 533, such a
restriction in the contract cannot prevail over the
zoning ordinance, because the enactment
In the criminal case against "B" for murder, is moved for its return on the ground that
the tape-recorded conversation containing his it violates the right of "X" against unlawful
admission admissible in evidence? Why? (5%) search and seizure. Decide.
The tape-recorded conversation is not The objection of the lawyer must be sustained,
admissible in evidence. As held in Salcedo- Section 3(1), Article IV of the 1987 Constitution
Ortanez vs. Court of Appeals, 235 SCRA 111 provides:
(1994). Republic Act No. 4200 makes the tape- "The privacy of communication
recording of a telephone conversation done and correspondence shall be inviolable
without the authorization of all the parties to the except upon lawful order of the court, or when
conversation, inadmissible in evidence. In public safety or order requires
addition, the taping of the conversation violated the otherwise as prescribed by law."
guarantee of privacy of communications
enunciated in Section 3, Article III of the There was no court order which authorized the
Constitution. warden to read the letter of "X". Neither is there
any law specifically authorizing the Bureau
Privacy of Correspondence (1998) of Prisons to read the letter of "X", Under
No VII. - The police had suspicions that Juan Section 3(1), Article III of the 1987
Samson, member of the subversive New Constitution, to interfere with any
Proletarian Army, was using the mail for correspondence when there is no court
propaganda purposes in gaining new adherents to order, there must be a law authorizing it
its cause. The Chief of Police of Bantolan, in the interest of public safety or order.
Lanao del Sur ordered the Postmaster of the
town to intercept and open all mail addressed to The ruling of the United States Supreme Court in
and coming from Juan Samson in the interest of the the case of Stroud vs. United States, 251 U.S.
national security. Was the order of the Chief of 15 is not applicable here, because Section 3(1),
Police valid? (5%) Article III of the 1987 Constitution has no
SUGGESTED ANSWER: counterpart in the American Constitution.
No, the order of the Chief of Police is not valid, Hence, in accordance with Section 3(2), Article III
because there is no law which authorizes him of the 1987 Constitution, the letter is
to order the Postmaster to open the inadmissible in evidence.
letters addressed to and coming from Juan
Samson. An official in the Executive ALTERNATIVE ANSWER:
Department cannot interfere with the privacy The objection of the lawyer must be overruled. In
of correspondence and communication in Hudson vs. Palmer, 468 U.S. 517, it was held that
the absence of a law authorizing him to do the constitutional prohibition against illegal
so or a lawful order of the court. Section 3(1), searches and seizures does not extend to the
Article III of the Constitution provides: confines of the prison. In Stroud vs. United
"The privacy of communication and States, 251 U.S. 15, the United States Supreme
correspondence shall be inviolable Court held that letters voluntarily written by a
except upon lawful order of the court, or prisoner and examined by the warden which
contained incriminatory statements were
when public safety or order requires
admissible in evidence. Their inspection by the
otherwise as prescribed by law."
prison authorities did not violate the
Privacy of Correspondence; Jail (1989) constitutional prohibition against illegal
No. 8: While serving sentence in Muntinlupa for the searches and seizures. This is an established
crime of theft, "X" stabbed dead one of his guards, practice reasonably designed to promote
"X" was charged with murder. During his trial, the discipline within the penitentiary.
prosecution introduced as evidence a letter written
Right to Assembly; Permit Application;
in prison by "X" to his wife tending to establish
that the crime of murder was the result of Freedom Parks (Q2-2006)
The Samahan ng mga Mahihirap (SM) filed with the
premeditation. The letter was written voluntarily. In
Office of the City Mayor of Manila an
the course of inspection, it was opened and read by
a warden pursuant to the rules of discipline of the application for permit to hold a rally on Mendiola
Bureau of Prisons and considering its contents, Street on September 5, 2006 from 10:00 a.m. to
the letter was turned over to the prosecutor. The 3:00 p.m. to protest the political killings of
lawyer of "X" objected to the presentation of the journalists. However, the City Mayor denied
letter and their application on the ground that a rally at the
time and place applied for will block the traffic in SUGGESTED ANSWER:
the San Miguel and Quiapo Districts. He The arrests are unlawful. What is prohibited
suggested the Liwasang Bonifacio, which and penalized under Sec. 13 (a) and 14 (a) of
has been designated a Freedom Park, as B.P. Big 880 is "the holding of any public
venue for the rally. assembly as defined in this Act by any leader
or organizer without having first secured that
1. Does the SM have a remedy to written permit where a permit is required
contest the denial of its application for from the office concerned x x x Provided,
a permit? (2.5%) however, that no person can be punished or
SUGGESTED ANSWER: held criminally liable for participating in or
Yes, SM has a remedy. Under B.P. Big. 880 attending an otherwise peaceful assembly."
(The Public Assembly Act of 1985), in the event of
denial of the application for a permit, the Thus, only the leader or organizer of the rally
applicant may contest the decision in an without a permit may be arrested without a
appropriate court of law. The court must decide warrant while the members may not be
within twenty-four (24) hours from the date of arrested, as they can not be punished or held
filing of the case. Said decision may be criminally liable for attending the rally. However,
appealed to the appropriate court within forty- under Section 12 thereof, when the public
eight (48) hours after receipt of the same. In all assembly is held without a permit where a
cases, any decision may be appealed to the permit is required, the said public assembly may
Supreme Court (Bayan Muna v. Ermita, G.R. be peacefully dispersed.
No. 169838, April 25, 2006).
Right to Assembly; Permit
2. Does the availability of a Freedom Requirements (1992)
Park justify the denial of SM's application No. 4: Olympia Academy, a private
for a permit? (2.5%) university, issued a student regulation for
SUGGESTED ANSWER: maintaining order in the school campus and
No, the availability of a freedom park does not to ensure that academic activities shall
justify the denial of the permit. It does imply that no be conducted effectively.
permits are required for activities in freedom parks.
Under B.P. Big. 880, the denial may be justified Henceforth, every student organization
only if there is clear and convincing evidence intending to hold any symposium, convocation, rally
that the public assembly will create a clear and or any assembly within school property and
present danger to public order, public safety, involving at least 20 people must file, for the
public convenience, public morals or public prior approval of the Dean of Students, an
health (Bayan Muna v. Ermita, G.R. No. 169838, Application setting forth the time, place,
April 25, 2006). expected size of the group, and the subject-
matter and purpose of the assembly.
3. Is the requirement to apply for a permit to
hold a rally a prior restraint on freedom of The League of Nationalist Students questions
speech and assembly? (2.5%) the validity of the new regulation. Resolve.
No, the requirement for a permit to hold a rally is The regulation is valid. As held In Rarnento us. Mal-
not a prior restraint on freedom of speech and abanan, 129 SCRA 359, if an assembly will be held
assembly. The Supreme Court has held that the by students in school premises, permit must be
permit requirement is valid, referring to it as sought from the school authorities, who are devoid
regulation of the time, place, and manner of of the power to deny such request arbitrarily or
holding public assemblies, but not the content unreasonably. In granting such permit, there
of the speech itself. Thus, there is no prior may be conditions as to the time and place of
restraint, since the content of the speech is not the assembly to avoid disruption of classes or
relevant to the regulation (Bayan Muna v. Ermita, stoppage of work of the non- academic
G.R. No. 169838, April 25, 2006). personnel.
4. Assuming that despite the denial of SM's Right to Assembly; Public Teachers (2000)
application for a permit, its members hold No XII - Public school teachers staged for days
a rally, prompting the police to mass actions at the Department of Education,
arrest them. Are the arrests without Culture and Sports to press for the immediate
judicial warrants lawful? (2.5%) grant of their demand for additional pay. The

DECS Secretary issued to them a notice of the (a) Their strike was an exercise of their
illegality of their unauthorized action, ordered constitutional right to peaceful assembly and to
them to immediately return to work, and warned petition the government for redress
them of imposable sanctions. They ignored this and of grievances.
continued with their mass action. The DECS SUGGESTED ANSWER:
Secretary issued orders for their preventive (a) According to De la Cruz v. Court of
suspension without pay and charged the teachers Appeals, 305 SCRA 303 (1999), the argument of
with gross misconduct and gross neglect of duty the teachers that they were merely exercising their
for unauthorized abandonment of teaching posts constitutional right to peaceful assembly and to
and absences without leave. petition the government for redress of grievance
a) Are employees in the public sector allowed cannot be sustained, because such rights must
to form unions? To strike? Why? (3%) be exercised within reasonable limits. When
b) The teachers claim that their right to such rights were exercised on regular school
peaceably assemble and petition the days instead of during the free time of the
government for redress of grievances has teachers, the teachers committed acts prejudicial
been curtailed. Are they correct? Why? to the best interests of the service.
(2%)
SUGGESTED ANSWER: Right to Travel; Order of Arrest (1991)
a) Section 8, Article III of the Constitution allows No. 6: Mr. Esteban Krony, a Filipino citizen, is
employees in the public sector to form unions. arrested for the crime of smuggling. He posts
However, they cannot go on strike. As bail for his release. Subsequently, he jumps bail and
explained in Social Security System Employees is about to leave the country when the
Association v. Court of Appeals. 175 SCRA 686 Department of Foreign Affairs (DFA) cancels his
[1989], the terms and conditions of their passport. He sues the DFA, claiming violation
employment are fixed by law. Employees in of his freedom to travel, citing the new provision in
the public sector cannot strike to secure the Bill of Rights of the 1987 Constitution, to
concessions from their employer. wit: "Neither shall the right to travel be
impaired except in the interest of national
b. The teachers cannot claim that their right to security, public safety, or public health, as may be
peaceably assemble and petition for the provided by law. Decide the case.
redress of grievances has been curtailed. SUGGESTED ANSWER:
According to Bangalisan v. Court of Appeals. The case should be dismissed. Any person
276 SCRA 619 (1997), they can exercise this under an order of arrest is under restraint and
right without stoppage of classes. therefore he can not claim the right to travel. If he is
admitted to bail his freedom of movement is
Right to Assembly; Public Teachers (2002) confined within the country. Therefore, if he
No X - Ten public school teachers of Caloocan subsequently jumps bail, he cannot demand
City left their classrooms to join a strike, which passport which in effect will facilitate his escape
lasted for one month, to ask for from the country; he is in fact liable to be
teachers' benefits. arrested anytime. Indeed, the right to travel
under the Constitution presupposes that the
The Department of Education, Culture and individual is under no restraint such as that
Sports charged them administratively, for which which would follow from the fact that one has a
reason they were required to answer and pending criminal case and has been placed
formally investigated by a committee composed of under arrest.
the Division Superintendent of Schools as
Chairman, the Division Supervisor as member Rights of the Accused; Counsel of
and a teacher, as another member. On the his Choice (Q8-2005)
basis of the evidence adduced at the formal (1) Mariano was arrested by the NBI as a
investigation which amply established their suspect in the shopping mall bombings.
guilt, the Director rendered a decision meting Advised of his rights, Mariano asked for the
out to them the penalty of removal from office. assistance of his relative, Atty. Santos. The NBI
The decision was affirmed by the DECS noticed that Atty. Santos was
Secretary and the Civil Service Commission. inexperienced, incompetent and inattentive.
On appeal, they reiterated the arguments they Deeming him unsuited to protect the rights
raised before the administrative bodies, namely: of Mariano, the NBI dismissed Atty. Santos.
Appointed in his place was Atty. Barroso, a
bar topnotcher who was in the premises once the prosecution shows there was
visiting a relative. Atty. Barroso compliance with the constitutional requirement on
ably assisted Mariano when the latter pre-interrogation advisories, a confession is
gave a statement. However, Mariano presumed to be voluntary and the declarant
assailed the investigation claiming that he bears the burden of proving that his confession is
was deprived of counsel of his choice. involuntary and untrue. A confession is
admissible until the accused successfully
Was the NBI correct in dismissing Atty. proves that it was given as a result of violence,
Santos and appointing Atty. Barroso in his intimidation, threat or promise of reward or
stead? Is Mariano's statement, made with leniency which are not present in this case.
the assistance of Atty. Barroso, admissible Accordingly, the statement is admissible.
in evidence? (5%) (People v. Jerez, G.R. No. 114385, January 29, 1998)
ALTERNATIVE ANSWER: Rights of the Accused; Presumption of

The NBI was not correct in dismissing Atty. Innocence vs. Presumption of Theft (2004)
Santos and appointing Atty. Barroso in his (5-b) OZ lost five head of cattle which he
stead. Article III, Section 12(1) of the 1987 reported to the police as stolen from his barn.
Constitution requires that a person under He requested several neighbors, including RR,
investigation for the commission of an offense for help in looking for the missing animals. After an
shall have no less than "competent and extensive search, the police found two head in RR's
independent counsel preferably of his own farm. RR could not explain to the police how they
choice " This is meant to stress the primacy got hidden in a remote area of his farm.
accorded to the voluntariness of the choice Insisting on his innocence, RR consulted a
under the uniquely stressful conditions of a lawyer who told him he has a right to be
custodial investigation' Thus, the lawyer called to presumed innocent under the Bill of Rights. But
be present during such investigation should be there is another presumption of theft arising
as far as reasonably possible, the choice of the from his unexplained possession of stolen
individual undergoing questioning. The cattle— under the penal law.
appointment of Atty. Barroso is questionable Are the two presumptions capable
because he was visiting a relative working in of reconciliation In this case? If so, how can
the NBI and thus his independence is doubtful. they be reconciled? If not, which should
Lawyers engaged by the police, whatever prevail? (5%)
testimonials are given as proof of their probity SUGGESTED ANSWER:
and supposed independence, are generally The two presumptions can be reconciled. The
suspect, as in many areas, the relationship presumption of innocence stands until the
between lawyers and law enforcement contrary is proved. It may be overcome by a
authorities can be symbiotic. Considering that contrary presumption founded upon human
Mariano was deprived of counsel of his own experience. The presumption that RR is the one
choice, the statement is inadmissible in who stole the cattle of OZ is logical, since he
evidence. (People v. Januario, G.R. No. 98252, was found in possession of the stolen cattle.
February 7, 1997) RR can prove his innocence by presenting
evidence to rebut the presumption. The burden of
ALTERNATIVE ANSWER: evidence is shifted to RR, because how he
The NBI was correct in dismissing Atty. Santos as came into possession of the cattle is peculiarly
he was incompetent. The 1987 Constitution within his knowledge. (Dizon-Pamintuan v.
requires counsel to be competent and People, 234 SCRA 63 (1994)).
independent. Atty. Barroso, being a bar
topnotcher ably assisted Mariano and there is Rights of the Accused; Right to Bail (1993)
no showing that his having a relative in the NBI No. 9: Johann learned that the police were
affected his independence. Moreover, the looking for him in connection with the rape of an 18-
accused has the final choice of counsel as he year old girl, a neighbor. He went to the police
may reject the one chosen for him and ask for station a week later and presented himself to
another. A lawyer provided by the investigators is the desk sergeant. Coincidentally. the rape victim
deemed engaged by the accused where he was in the premises executing an extrajudicial
raises no objection against the lawyer during the statement. Johann, along with six (6) other
course of the investigation, and the accused suspects, were placed in a police line- up and the
thereafter subscribes to the truth of his girl pointed to him as the rapist. Johann was
statement before the swearing officer. Thus, arrested and locked up in a cell.

Johann was charged with rape in court but prior No. 15: May an alien invoke the
to arraignment invoked his right to constitutional right to bail during the pendency
preliminary investigation. This was denied of deportation proceedings?
by the judge, and thus, trial proceeded. After SUGGESTED ANSWER:
the prosecution presented several witnesses, No. an alien may not invoke the constitutional
Johann through counsel, invoked the right right to bail during the pendency of deportation
to ball and filed a motion therefor, which proceedings. In Harvey vs Santiago, 162 SCRA
was denied outright by the Judge. Johann 840, it was held that the constitutional
now files a petition for certiorari before guarantee to bail may not be invoked in
the Court of Appeals arguing that: deportation proceedings, because they do not
3) He is entitled to bail as a matter of partake of the nature of a criminal action.
right, thus the Judge should not have
denied his motion to fix ball outright. Decide. Rights of the Accused; Right to Bail; Matter
SUGGESTED ANSWER: of Right or a Matter of Discretion (Q7-2005)
3) In accordance with Art. III. sec. 13 of the a) State with reason(s) whether bail is a matter of
Constitution, Johann may be denied bail if the right or a matter of discretion in the
evidence of his guilt is strong considering that following cases: (4%)
the crime with which he is charged is a) The imposable penalty for the
punishable by reclusion perpetua. It is thus not a crime charged is reclusion perpetua
matter of right for him to be released on bail in such and the accused is a minor;
case. The court must first make a
determination of the strength of the evidence on the SUGGESTED ANSWER:
basis of evidence already presented by the If the accused is a minor where the imposable
prosecution, unless it desires to present some penalty for the crime charged is reclusion
more, and give the accused the opportunity to perpetua, bail would be a matter of right. Under
present countervailing evidence. If having done this Article 68 of the Revised Penal Code, when the
the court finds the evidence not to be offender is a minor under eighteen years of
strong, then it becomes the right of Johann to age, he is entitled to a penalty, depending on
be admitted to bail. The error of the trial court his age, lower by one or two degrees than that
lies in outrightly denying the motion for bail of prescribed by law for the crime committed. The
Johann. Constitution withholds the guaranty of bail from one
who is accused of a capital offense where the
Rights of the Accused; Right to Bail; Capital evidence of guilt is strong. The obvious reason
Offense (Q4-2006) is that one who faces a probable death sentence
State whether or not the law is has a particularly strong temptation to flee. This
constitutional. Explain briefly. reason does not hold where the accused has
2. A law denying persons charged with been established without objection to be a minor
crimes punishable by reclusion who by law cannot be sentenced to death. (Bravo
perpetua or death the right to bail. (2%) v. Borja, G.R. No. L-65228, February 18, 1985)
SUGGESTED ANSWER:
The law is invalid as it contravenes
Section 13, Article III of the 1987 b) The imposable penalty for the
Constitution which provides that "all crime charged is life imprisonment
persons, except those charged with and the accused is a minor;
offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, ALTERNATIVE ANSWER:
before conviction, be bailable by sufficient If the accused is a minor and the imposable
sureties, or be released on recognizance penalty for the crime charged is life
as may be provided by law." The accused may imprisonment, bail would not be a matter of
not be deprived of his constitutional right to right. In the instant case, assuming that
bail even if charged with a capital offense evidence of guilt strong, bail shall be denied as the
where the evidence of guilt is not strong. privileged mitigating circumstance of minority
is not available for violation of special laws
penalized by life imprisonment.
Rights of the Accused; Right to Bail;
Deportation Case (1989) ALTERNATIVE ANSWER:
Although the Constitution mentions only
reclusion perpetua, Rule 114 of the Rules of

Court adds life imprisonment, and therefore, private complainant, the judge properly
applying the PRO REO DOCTRINE, bail would dismissed the case for failure to prosecute.
still be a matter of right, since it is favorable to
the accused. Rights of the Accused; Self-Incrimination
(1988)
c) The accused has been convicted of No. 3: Dr. Juan Sto. Tomas is a practicing
homicide on a charge of murder and dentist in Marikina, Metro Manila. He
sentenced to suffer an indeterminate was charged with immorality before the
penalty of from eight (8) years and one (1) day Board of Dentistry by a lady patient, who
of prision mayor, as minimum, to twelve claims that Dr. Sto. Tomas took liberties with
(12) years and four (4) months of reclusion her person and kissed her while she was
temporal, as maximum. under the treatment at the latter's clinic.
SUGGESTED ANSWER: At the initial hearing of the administrative

If the accused has been convicted of homicide on a complaint, the complainant's counsel called the
charge of murder and sentenced to suffer respondent as his first witness. The respondent
imprisonment of from 8 to 12 years, bail is a through counsel, objected vigorously, claiming his
matter of discretion. Under Rule 114, Sec. 5, constitutional right to be exempt from being a
par. 1 of the Rules of Court, if the decision of witness against himself. The Board noted the
the trial court convicting the accused changed objection, but ruled that in the next scheduled
the nature of the offense from non-bailable to hearing, a month and a half later, the
bailable, the application for bail may be filed respondent would be called to testify as a
and acted upon by the appellate court. witness, as the right he claims is not available
Admission to bail is discretionary. in administrative investigations, but only in
criminal prosecutions.
Rights of the Accused; Right to Speedy Trial
(2000) Dr. Sto. Tomas is decided not to testify. As his
No XV. Charged by Francisco with libel, Pablo lawyer, what would you do? Why?
was arraigned on January 3, 2000, Pre-trial was SUGGESTED ANSWER:
dispensed with and continuous trial was set for I will file a petition for prohibition with prayer for
March 7, 8 and 9, 2000. On the first setting, the preliminary injunction with the Regional Trial
prosecution moved for its postponement and Court. The privilege against self incrimination is
cancellation of the other settings because its available not only in judicial proceedings but
principal and probably only witness, the private also in administrative investigations. In Pascual v.
complainant Francisco, suddenly had to go Board of Medical Examiners, 28 SCRA 344
abroad to fulfill a professional commitment. The (1969), it was held that the revocation of a
judge instead dismissed the case for failure to license as a medical practitioner can be an
prosecute. even greater deprivation than mere forfeiture of
a) Would the grant of the motion property. In some aspects it is similar to
for postponement have violated the accused's criminal proceedings and, therefore, the
right to speedy trial? (2%) respondent can not be made to testify as a
SUGGESTED ANSWER: witness for the complainant.
The grant of the motion for postponement
would not have violated the right of the accused to Rights of the Accused; Self-Incrimination
speedy trial. As held In People v. Leviste, 255 (1990)
SCRA 238 (1996). since the motion for No. 4: The privilege of self-incrimination
postponement was the first one requested, the must be timely invoked, otherwise it is
need for the offended party to attend to a deemed waived.
professional commitment is a valid reason, no 1. In a CIVIL CASE, the plaintiff called
substantial right of the accused would be the defendant a hostile witness
prejudiced, and the prosecution should be and announced that the defendant
afforded a fair opportunity to prosecute its case, the would be asked incriminating questions
motion should be granted. in the direct examination. When should
ALTERNATIVE ANSWER: the defendant invoke the privilege
Since continuous trial of cases is required and against self- incrimination?
since the date of the initial hearing was set 2. In a CRIMINAL CASE, the prosecution
upon agreement of all parties, including the called the accused to the witness stand as the
first witness in view of certain facts
admitted by the accused at the pre-trial. Cite two [2] possible constitutional objections to
When should the accused invoke the this law. Resolve the objections and explain
privilege against self-incrimination? whether any such infirmities can be cured.
3. In an administrative case for malpractice SUGGESTED ANSWER:
and the cancellation of license to practice Possible objections to the law are that requiring a
medicine filed against C, the complainant driver to take the breathalyzer test will violate his
called C to the witness stand. When right against self-incrimination, that providing
should C invoke the privilege against self- for the suspension of his driver's license
incrimination? without any hearing violates due process,
Explain your answers to the three questions. and that the proposed law will violate the right
SUGGESTED ANSWER: against unreasonable searches and seizures,
(1) As held in Bagadiong v, De Guzman, 94 because it allows police authorities to require a
SCRA 906, the defendant should take the drive to take the breathalyzer test even if there is
witness stand and object when a question no probable cause.
calling for an incriminating question is
propounded. Unlike in proceedings which are Requiring a driver to take a BREATHALYZER
criminal in character in which the accused can TEST does not violate his right against self-
refuse to testify, the defendant must wait until a incrimination, because he is not being
question calling for an incriminatory answer is compelled to give testimonial evidence. He is
actually asked. (Suarez v. Tongco, 2 SCRA 71) merely being asked to submit to a physical test.
This is not covered by the constitutional
(2) As held in Chavez v. Court of Appeals, 24 guarantee against self-incrimination. Thus, in
SCRA 663, in a criminal case the accused may South Dakota vs. Neville, 459 U.S. 553, it was held
altogether refuse to take the witness and refuse to for this reason that requiring a driver to take a
answer any question, because the purpose of blood-alcohol test is valid.
calling him as a witness for the prosecution has
no other purpose but to incriminate him. As held in Mackey vs. Afontrya 443 U.S. 1,
because of compelling government interest in
(3) As in a criminal case, C can refuse to take safety along the streets, the license of a driver who
the witness stand and refuse to answer any refuses to take the breathalyzer test may be
question. In Pascual v. Board of Medical suspended immediately pending a post-
Examiners, 28 SCRA 344, it was held that suspension hearing, but there must be a
an administrative case for malpractice provision for a post-suspension hearing. Thus, to
and cancellation of the license to practice save the proposed law from
medicine is penal in character, because an unconstitutionally on the ground of denial of due
unfavorable decision would result in the process, it should provide for an immediate
revocation of the license of the respondent to hearing upon suspension of the driver's license. The
practice medicine. Consequently, he can proposed law violates the right against
refuse to take the witness stand. unreasonable searches and seizures. It will
authorize police authorities to stop any driver
Rights of the Accused; Self-Incrimination and ask him to take the breathalyzer test even in
(1992) the absence of a probable cause.
No, 3; Congress is considering a law against
drunken driving. Under the legislation, police Rights of the Accused; Self-Incrimination
authorities may ask any driver to take a (2000)
"breathalyzer test", wherein the driver exhales No XI. b) A man was shot and killed and his
several times into a device which can determine killer fled. Moments after the shooting, an
whether he has been driving under the eyewitness described to the police that the
influence of alcohol. The results of the test can be slayer wore white pants, a shirt with floral
used, in any legal proceeding against him. design, had boots and was about 70 kilos and
Furthermore, declaring that the issuance of a 1.65 meters. Borja, who fit the description
driver's license gives rise only to a privilege to given, was seen nearby. He was taken into
drive motor vehicles on public roads, the law custody and brought to the police precinct
provides that a driver who refuses to take the where his pants, shirt and boots were forcibly
test shall be automatically subject to a 90-day taken and he was weighed, measured,
suspension of his driver's license, photographed, fingerprinted and subjected to
paraffin testing. At his trial, Borja objected to
the admission in evidence of the apparel, his
height and weight, his photographs, fingerprints proof. One day, Emilio broke open the desk of
comparison and the results of the paraffin test, Alvin and discovered a letter wherein Randy
asserting that these were taken in violation thanked Alvin for having passed on to him
of his right against self-incrimination. Rule vital trade secrets of Emilio. Enclosed
on the objection. (2%) in the letter was a check for P50,000.00
SUGGESTED ANSWER: drawn against the account of Randy and
b) The objection of Borja is not tenable. As held in payable to Alvin. Emilio then dismissed
People v. Paynor, 261 SCRA 615 (1996), the rights Alvin from his employment. Emilio's proof
guaranteed by Section 12, Article in of the of Alvin's perfidy are the said letter and check
Constitution applies only against testimonial which are objected to as inadmissible for
evidence. An accused may be compelled to be having been obtained through an illegal
photographed or measured, his garments may search. Alvin filed a suit assailing his
be removed, and his body may be examined. dismissal.
Rule on the admissibility of the letter
Rights of the Accused; Self-Incrimination and check. (5%)
(Q7-2006)
Select the best answer and explain. ALTERNATIVE ANSWER:
1. An accused's right against self-incrimination is As held in People v. Marti (G.R. No. 81561,
violated in the following cases: (5%) January 18, 1991), the constitution, in laying
a. When he is ordered by the trial court to down the principles of the government and
undergo a paraffin test to prove he is guilty fundamental liberties of the people, does not
of murder; govern relationships between individuals. Thus, if
b. When he is compelled to produce the search is made at the behest or initiative of the
his bankbooks to be used as evidence proprietor of a private establishment for its own
against his father charged with plunder; and private purposes and without the
c. When he is ordered to produce a sample of intervention of police authorities, the right
his handwriting to be used as evidence that against unreasonable search and seizure
he is the author of a letter wherein cannot be invoked for only the act of private
he agreed to kill the victim; individuals, not the law enforcers, is involved. In
d. When the president of a corporation is sub- sum, the protection against unreasonable
poenaed to produce certain documents searches and seizures cannot be extended to
as proofs he is guilty of illegal recruitment. acts committed by PRIVATE INDIVIDUALS so as
to bring it within the ambit of alleged unlawful
SUGGESTED ANSWER: intrusion by the government. Accordingly, the
The best answer is c) when he is ordered to letter and check are admissible in evidence.
produce a sample of his handwriting to be used as (Waterous Drug Corp. v. NLRC, G.R. No.
evidence that he is the author of a letter 113271, October 16, 1997)
wherein he agreed to kill the victim. Under
Article HI, Section 17 of the 1987 Constitution, ALTERNATIVE ANSWER:
"no person shall be compelled to be a witness The letter is inadmissible in evidence. The
against himself." Since the provision prohibits constitutional injunction declaring the privacy of
compulsory testimonial incrimination, it does not communication and correspondence to be
matter whether the testimony is taken by oral or inviolable is no less applicable simply because it
written means as either way it involves the USE OF is the employer who is the party against whom
INTELLECTUAL FACULTIES. The purpose of the the constitutional provision is to be enforced.
privilege is to avoid and prohibit thereby the The only exception to the prohibition in the
repetition and recurrence of compelling a person, Constitution is if there is a lawful order from the
in a criminal or any other case, to furnish the court or when public safety or order requires
missing evidence necessary for his conviction otherwise, as prescribed by law. Any violation of
(Bermudez v. Castillo, Per Rec. No. 714-A, July this provision renders the evidence obtained
26, 1937; Beltran v. Samson, G.R. No. 32025, inadmissible for any purpose in any proceeding.
September 23,1929). (Zulueta v. Court of Appeals, G.R. No. 107383,
February 20, 1996)
Searches and Seizure; Private Individuals
(Q8-2005) Searches and Seizures; Aliens (2001)
(2) Emilio had long suspected that Alvin, his No IV - A is an alien. State whether, in the
employee, had been passing trade secrets Philippines, he: Is entitled to the right against
to his competitor, Randy, but he had no
illegal searches and seizures and against illegal to save the proposed law from
arrests. (2%) unconstitutionally on the ground of denial of due
SUGGESTED ANSWER: process, it should provide for an immediate
Aliens are entitled to the right against hearing upon suspension of the driver's license. The
illegal searches and seizures and illegal proposed law violates the right against
arrests. As applied in People v. Chua Ho unreasonable searches and seizures. It will
San, 307 SCRA 432 (1999), these rights authorize police authorities to stop any driver
are available to all persons, including aliens. and ask him to take the breathalyzer test even in
the absence of a probable cause.
Searches and Seizures; Breathalyzer Test
(1992) Searches and Seizures; Immediate
No, 3; Congress is considering a law against Control (1987)
drunken driving. Under the legislation, police No. III: "X" a Constabulary Officer, was arrested
authorities may ask any driver to take a pursuant to a lawful court order in Baguio City
"breathalyzer test", wherein the driver exhales for murder. He was brought to Manila where a
several times into a device which can determine warrantless search was conducted in his official
whether he has been driving under the quarters at Camp Crame, The search team
influence of alcohol. The results of the test can be found and seized the murder weapon in a
used, in any legal proceeding against him. drawer of "X". Can "X" claim that the search
Furthermore, declaring that the issuance of a and seizure were illegal and move for exclusion
driver's license gives rise only to a privilege to from evidence of the weapon seized? Explain.
drive motor vehicles on public roads, the law SUGGESTED ANSWER:
provides that a driver who refuses to take the Yes, "X" can do so. The warrantless search
test shall be automatically subject to a 90-day cannot be justified as an incident of a valid
suspension of his driver's license, arrest, because considerable time had elapsed after
Cite two [2] possible constitutional objections to his arrest in Baguio before the search of his
this law. Resolve the objections and explain quarters in Camp Crame, Quezon City was made,
whether any such infirmities can be cured. and because the distance between the place of
SUGGESTED ANSWER: arrest and the place of search negates any claim
Possible objections to the law are that requiring a that the place searched is within his "immediate
driver to take the breathalyzer test will violate his control" so as to justify the apprehension
right against self-incrimination, that providing that he might destroy or conceal evidence of
for the suspension of his driver's license crime before a warrant can be obtained. (Chimel
without any hearing violates due process, v. California, 395 U.S. 752 (1969) ) in Nolasco
and that the proposed law will violate the right v. Cruz Pano, 147 SCRA 509 (1987), the
against unreasonable searches and seizures, Supreme Court reconsidered its previous decision
because it allows police authorities to require a holding that a warrantless search, made after 30
drive to take the breathalyzer test even if there is minutes from the time of arrest, and, in a place
no probable cause several blocks away from the place of arrest, was
valid. It held that a warrantless search is limited
Requiring a driver to take a breathalyzer test to the search of the person of the arrestee at
does not violate his right against self- the time and incident to his arrest and for
incrimination, because he is not being dangerous weapons or anything which may be
compelled to give testimonial evidence. He is used as proof of the offense. A contrary rule
merely being asked to submit to a physical test. would justify the police in procuring a warrant of
This is not covered by the constitutional arrest and, by virtue thereof, not only arrest
guarantee against self-incrimination. Thus, in the person but also search his dwelling. A
South Dakota vs. Neville, 459 U.S. 553, it was held warrant requires that all facts as to the condition of
for this reason that requiring a driver to take a the property and its surroundings and
blood-alcohol test is valid. its improvements and capabilities must be
considered, and this can only be done in a
As held in Mackey vs. Afontrya 443 U.S. 1, judicial proceeding.
because of compelling government interest in
safety along the streets, the license of a driver who
refuses to take the breathalyzer test may be Searches and Seizures; Incidental to
suspended immediately pending a post- Valid Search (1990)
suspension hearing, but there must be a No. 9; Some police operatives, acting under a
provision for a post-suspension hearing. Thus, lawfully issued warrant for the purpose of

searching for firearms in the House of X located ALTERNATIVE ANSWER:
at No. 10 Shaw Boulevard, Pasig, Metro In accordance with the rulings in Uy Keytin
Manila, found, instead of firearms, v, Villareal, 42 Phil. 886 and People v. Sy
ten kilograms of cocaine. Juco, 64 Phil. 667, the unlicensed firearms
(1) May the said police operatives lawfully found in the house at 12 Shaw Boulevard
seize the cocaine? Explain your answer. may not be lawfully seized, since they were
(2) May X successfully challenge the legality not included in the description of the articles
of the search on the ground that the to be seized by virtue of the search
peace officers did not inform him warrant. The search warrant described the
about his right to remain silent and his articles to be seized as firearms in the
right to counsel? Explain your answer. house of X located at 10 Shaw Boulevard.
(3) Suppose the peace officers were able to find
unlicensed firearms in the house in an Searches and Seizures; Place of
adjacent lot, that is. No, 12 Shaw Search (2001)
Boulevard, which is also owned by X. No XI - Armed with a search and
May they lawfully seize the said seizure warrant, a team of policemen led
unlicensed firearms? Explain by Inspector Trias entered a compound and
your answer. searched the house described therein as
SUGGESTED ANSWER: No. 17 Speaker Perez St., Sta. Mesa
(1) Yes, the police operatives may lawfully Heights, Quezon City, owned by Mr. Ernani
seize the cocaine, because it is an item whose Pelets, for a reported cache of firearms and
possession is prohibited by law, it was in plain ammunition. However, upon thorough search
view and it was only inadvertently discovered in the of the house, the police found nothing.
course of a lawful search. The possession of
cocaine is prohibited by Section 8 of the Then, acting on a hunch, the policemen
Dangerous Drugs Act. As held in Magoncia v. proceeded to a smaller house inside the same
Palacio, 80 Phil. 770, an article whose compound with address at No. 17-A Speaker
possession is prohibited by law may be seized Perez St., entered it, and conducted a search
without the need of any search warrant if it was therein over the objection of Mr. Pelets who
discovered during a lawful search. The happened to be the same owner of the first
additional requirement laid down in Roan v. house. There, the police found the unlicensed
Gonzales, 145 SCRA 687 that the discovery of the firearms and ammunition they were looking for. As
article must have been made inadvertently was a result. Mr. Ernani Pelets was criminally
also satisfied in this case. charged in court with Illegal possession of
firearms and ammunition as penalized under
(2) No, X cannot successfully challenge the P.D. 1866, as amended by RA. 8294. At the
legality of the search simply because the peace trial, he vehemently objected to the
officers did not inform him about his right to presentation of the evidence against him for
remain silent and his right to counsel. Section being inadmissible. Is Mr. Emani Pelet's
12(1), Article III of the 1987 Constitution contention valid or not? Why? (5%)
provides: "Any person under investigation for the SUGGESTED ANSWER:
commission of an offense shall have the right to The contention of Ernani Pelet is valid. As held in
be informed of his right to remain silent and to People vs. Court of Appeals, 291SCRA 400
have competent and independent counsel (1993), if the place searched is different from
preferably of his own choice." that stated in the search warrant, the evidence
As held in People v. Dy, 158 SCRA 111. for seized is inadmissible. The policeman cannot
this provision to apply, a suspect must modify the place to be searched as set out in
be under investigation. There was the search warrant.
no investigation involved in this case.
Searches and Seizures; search made by
(3) The unlicensed firearms stored at 12 Shaw a private citizen (1993)
Boulevard may lawfully be seized since their No. 4: Larry was an overnight guest in a motel. After
possession is illegal. As held in Magoncia a he checked out the following day, the
Palacio, 80 Phil. 770, when an individual chambermaid found an attache case which she
possesses contraband (unlicensed firearms surmised was left behind by Larry. She turned it
belong to this category), he is committing a over to the manager who, to determine the
crime and he can be arrested without a warrant and name and address of the owner, opened the
the contraband can be seized. attache case and saw packages which had a

peculiar smell and upon squeezing felt like possession of prohibited drugs and
dried leaves. His curiosity aroused, the was convicted.
manager made an opening on one of the On appeal he contends that -
packages and took several grams of the (1) The plastic bag and its contents are
contents thereof. He took the packages to the inadmissible in evidence being the product
NBI, and in the presence of agents, opened the of an illegal search and seizure; (3%) and
packages, the contents of which upon (2) The receipt he signed is also inadmissible
laboratory examination, turned out to be as his rights under custodial investigation
marijuana flowering tops, Larry was were not observed. (2%)
subsequently found, brought to the NBI Office Decide the case with reasons.
where he admitted ownership of the attache SUGGESTED ANSWER:
case and the packages. He was made to sign a A. The plastic bag and its contents are
receipt for the packages. Larry was charged in court admissible in evidence, since it was not the
for possession of prohibited drugs. He was National Bureau of Investigation but the bus
convicted. On appeal, he now poses the conductor who opened the bag and brought it to the
following issues: National Bureau of Investigation. As held In
1) The packages are inadmissible in evidence People v. Marti, 193 SCRA 57 (1991), the
being the product of an illegal search constitutional right against unreasonable search and
and seizure; . seizure is a restraint upon the government. It does
2) Neither is the receipt he signed admissible, not apply so as to require exclusion of evidence
his rights under custodial investigation which came into the possession of the Government
not having been observed. Decide. through a search made by a private citizen.
SUGGESTED ANSWER:
On the assumption that the issues were B. It is inadmissible....
timely raised the answers are as follows:
1) The packages are admissible in evidence. Searches and Seizures; Valid Warrantless
The one who opened the packages was the Search (2000)
manager of the motel without any interference of a) Crack officers of the Anti-Narcotics Unit
the agents of the National Bureau of were assigned on surveillance of the environs of
Investigation. As held in People vs. Marti, 193 a cemetery where the sale and use of
SCRA 57, the constitutional right against dangerous drugs are rampant. A man with
unreasonable searches and seizures refers to reddish and glassy eyes was walking unsteadily
unwarranted intrusion by the government and moving towards them but veered away when he
does not operate as a restraint upon private sensed the presence of policemen. They
individuals. approached him, introduced themselves as
2) The receipt is not admissible in evidence. ... police officers and asked him what he had
clenched in his hand. As he kept mum, the
Searches and Seizures; search made by policemen pried his hand open and found a
a private citizen (2002) sachet of shabu, a dangerous drug. Accordingly
No VIII. One day a passenger bus conductor charged in court, the accused objected to the
found a man's handbag left in the bus. When admission in evidence of the dangerous drug
the conductor opened the bag, he found inside a because it was the result of an illegal search
catling card with the owner's name (Dante and seizure. Rule on the objection. (3%)
Galang) and address, a few hundred peso bills, and b) What are the instances when warrantless
a small plastic bag containing a white searches may be effected? (2%)
powdery substance. He brought the powdery SUGGESTED ANSWER:
substance to the National Bureau of a) The objection is not tenable.
Investigation for laboratory examination and it In accordance with Manalili v. Court of
was determined to be methamphetamine Appeals, 280 SCRA 400 (1997). since the
hydrochloride or shabu, a prohibited drug. accused had red eyes and was walking
Dante Galang was subsequently traced and unsteadily and the place is a known hang-out
found and brought to the NBI Office where he of drug addicts, the police officers had
admitted ownership of the handbag and its sufficient reason to stop the accused and to
contents. In the course of the interrogation by frisk him. Since shabu was actually found
NBI agents, and without the presence and during the investigation, it could be seized
assistance of counsel, Galang was made to sign without the need for a search warrant.
a receipt for the plastic bag and its shabu contents.
Galang was charged with illegal
b) A warrantless search may be effected in were found after a more extensive search of the
the following cases: various compartments of the car. As held
a) Searches incidental to a lawful arrest: in Valmonte vs. De Villa, 185 SCRA 665, for
b) Searches of moving vehicles; such a search to be valid, there must be a
c) Searches of prohibited articles in plain view: probable cause. In this case, there was
d) Enforcement of customs law; no probable cause, as there was nothing to
e) Consented searches; indicate that Antonio had prohibited
f) Stop and frisk (People v. Monaco, drugs inside the compartments of his car.
285 SCRA 703 [1998]);
g) Routine searches at borders and ports of Searches and Seizures; Waiver of
entry (United States v. Ramsey, 431 U.S. Consent (1989)
606 [1977]); and No. 7: Pursuing reports that great quantities of
h) Searches of businesses in the exercise of prohibited drugs are being smuggled at
visitorial powers to enforce police nighttime through the shores of Cavite, the
regulations (New York v. Burger, 482 U.S. Southern Luzon Command set up checkpoints at
691 (1987]). the end of the Cavite coastal road to search passing
motor vehicles. A 19-year old boy, who finished fifth
Searches and Seizures; Visual Search (1992) grade, while driving, was stopped by the
No. 5: During the recent elections, checkpoints authorities at the checkpoint. Without any
were set up to enforce the election period objection from him, his car was inspected, and
ban on firearms. the search yielded marijuana leaves hidden in the
trunk compartment of the car. The prohibited
During one such routine search one night, while drug was promptly seized, and the boy was
looking through an open window with brought to the police station for questioning.
a flashlight, the police saw firearms at Was the search without warrant legal?
the backseat of a car partially covered by
papers and clothes. SUGGESTED ANSWER:
Antonio, owner and driver of the car in question, No, the search was not valid, because there
was charged for violation of the firearms was no probable cause for conducting the
ban. Are the firearms admissible in search. As held in Almeda Sanchez vs. United
evidence against him? Explain. States, 413 U.S. 266, while a moving vehicle
If, upon further inspection by the police, can be searched without a warrant, there must still
prohibited drugs were found inside the be probable cause. In the case in question, there
various compartments of Antonio's car, can was nothing to indicate that marijuana leaves
the drugs be used in evidence against were hidden in the trunk of the car. The mere fact
Antonio if he is prosecuted for possession that the boy did not object to the inspection of
of prohibited drugs? Explain. the car does not constitute consent to the
SUGGESTED ANSWER: search. As ruled in People vs. Burgos, 144
a) Yes, the firearms are admissible in SCRA 1, the failure to object to a warrantless
evidence, because they were validly seized. In search does not constitute consent, especially in the
Valmonte vs. De Villa, 178 SCRA 211 and 185 light of the fact.
SCRA 665, the Supreme Court held that ALTERNATIVE ANSWER:
checkpoints may be set up to maintain peace Yes. The requirement of probable cause differs from
and order for the benefit of the public and case to case. In this one, since the police
checkpoints are a security measure against agents are confronted with large-scale
unauthorized firearms. Since the search which smuggling of prohibited drugs, existence of
resulted in the discovery of the firearms was which is of public knowledge, they can set up
limited to a visual search of the car, it was checkpoints at strategic places, in the same way
reasonable. Because of the ban on firearms, the that of in a neighborhood a child is
possession of the firearms was prohibited. Since kidnapped, it is lawful to search cars and
they were found in plain view in the course of vehicles leaving the neighborhood or village:
a lawful search, in accordance with the decision This situation is also similar to warrantless
in Magancia vs. Palacio, 80 Phil. 770, they are searches of moving vehicles in customs area,
admissible in evidence. which searches have been upheld. (Papa vs.
Mago, 22 SCRA 857 (1968). The rule is based on
b) No, the drugs cannot be used in evidence practical necessity.
against Antonio if he is prosecuted for
possession of prohibited drugs. The drugs
Searches and Seizures; Warrantless Arrests equipment. The warrant particularly describes the
(1993) electronic equipment and specifies the
No. 9: Johann learned that the police were provisions of the Tariff and Customs Code
looking for him in connection with the rape of an 18- which were violated by the importation.
year old girl, a neighbor. He went to the police
station a week later and presented himself to The warrant was served and implemented
the desk sergeant. Coincidentally. the rape victim in the afternoon of 2 January 1988 by
was in the premises executing an extrajudicial Customs policemen who then seized the
statement. Johann, along with six (6) other described equipment. The inventory of the
suspects, were placed in a police line- up and the seized articles was signed by the Secretary
girl pointed to him as the rapist. Johann was of the Tikasan Corporation. The following
arrested and locked up in a cell. Johann was day, a hearing officer in the Office of the
charged with rape in court but prior to arraignment Collector of Customs conducted a hearing on
invoked his right to preliminary investigation. the confiscation of the equipment.
This was denied by the judge, and thus, trial
proceeded. After the prosecution presented several Two days thereafter, the corporation filed with
witnesses, Johann through counsel, invoked the the Supreme Court a petition for certiorari,
right to bail and filed a motion therefor, which prohibition and mandamus to set aside the
was denied outright by the Judge. Johann now warrant, enjoin the Collector and his agents
files a petition for certiorari before the Court of from further proceeding with the forfeiture
Appeals arguing that: His arrest was not in hearing and to secure the return of the
accordance with law. Decide. confiscated equipment, alleging therein that the
warrant issued is null and void for the reason
SUGGESTED ANSWER: that, pursuant to Section 2 of Article III of the
Yes, the warrantless arrest of Johann was not 1987 Constitution, only a judge may issue a
in accordance with law. As held in Go v. Court of search warrant. In his comment to the petition, the
Appeals, 206 SCRA 138, his case does not fall Collector of Customs, through the Office of the
under the Instances in Rule 113, sec. 5 (a) of the Solicitor General, contends that he is
1985 Rules of Criminal Procedure authorizing authorized under the Tariff and Custom Code to
warrantless arrests. It cannot be considered a order the seizure of the equipment whose
valid warrantless arrest because Johann did not duties and taxes were not paid and that the
commit a crime in the presence of the police corporation did not exhaust administrative
officers, since they were not present when remedies. Should the petition be granted?
Johann had allegedly raped his neighbor. Neither Decide.
can It be considered an arrest under Rule 113 SUGGESTED ANSWER:
sec. 5 (b) which allows an arrest without a The petition should not be granted. Under Secs.
warrant to be made when a crime has in fact 2205 and 2208 of the Tariff and Customs Code,
just been committed and the person making customs officials are authorized to enter any
the arrest has personal knowledge offsets warehouse, not used as dwelling, for the
indicating that the person to be arrested purpose of seizing any article which is subject
committed it. Since Johann was arrested a week to forfeiture. For this purpose they need no
after the alleged rape, it cannot be deemed to be a warrant issued by a court. As stated in Viduya
crime which "has just been committed". Nor did vs. Berdiago, 73 SCRA 553. for centuries the
the police officers who arrested him have seizure of goods by customs officials to enforce the
personal knowledge of facts indicating that Johann customs laws without need of a search warrant
raped his neighbor. has been recognized.
Searches and Seizures; Warrants of ARTICLE IV Citizenship

Arrest (1991)
Action for Cancellation; Prescription
No. 8: On the basis of a verified report and
& Effect of Death (1994)
confidential information that various electronic No. 7: - Enzo, a Chinese national, was granted
equipment, which were illegally imported into the Philippine citizenship in a decision rendered by the
Philippines, were found in the bodega of the Tikasan Court of First Instance of Pampanga on January
Corporation located at 1002 Binakayan St., Cebu 10, 1956. He took his oath of office on June 5,
City, the Collector of Customs of Cebu issued, in 1959. In 1970, the Solicitor General filed a
the morning of 2 January 1988, a Warrant of petition to cancel his citizenship on the ground
Seizure and Detention against the corporation for that in July 1969 the Court of Tax Appeals
the seizure of the electronic found that Enzo had cheated the
government of income taxes for the years 1956 to (2) Whether or not Ferdie's act of filing his
1959. Said decision of the Tax Court was certificate of candidacy constitutes waiver of his
affirmed by the Supreme Court in 1969. status as a permanent resident of the
Between 1960 and 1970, Enzo had acquired United States.
substantial real property In the Philippines, SUGGESTED ANSWER:
(1) Has the action for cancellation of Enzo's 1) According to the ruling in Coast vs. Court of
citizenship prescribed? Appeals, 191 SCRA 229, a green card is proof
(2) Can Enzo ask for the denial of the petition that the holder is a permanent resident of
on the ground that he had availed of the the United States, for it identifies the holder
Tax Amnesty for his tax liabilities? as a resident of the United States and states
(3) What is the effect on the petition for that the holder is entitled to reside
cancellation of Enzo's citizenship if Enzo permanently and work in the United States.
died during the pendency of the hearing on
said petition? 2) The filing of a certificate of candidacy does
SUGGESTED ANSWER: not constitute a waiver of the status of the
1) No, the action has not prescribed. As held in holder of a green card as a permanent resident of
Republic vs. Li Yao, 214 SCRA 748, a the United States. As held in Coast vs. Court of
certificate of naturalizalion may be cancelled at Appeals, 191 SCRA229, the waiver should be
any time if it was fraudulently obtained manifested by an act independent of and prior to
by misleading the court regarding the the filing of his certificate of candidacy.
moral character of the petitioner.
Dual Allegiance vs. Dual Citizenship (1987)
2) No, Enzo cannot ask for the denial of the No. VIII: "A" was born in 1951 in the
petition for the cancellation of his certificate of United States of a Chinese father and a
naturalization on the ground that he had availed of Filipina mother. Under Chinese laws, "A's"
the tax amnesty. In accordance with the ruling mother automatically became a Chinese
in Republic vs. Li Yao, 224 SCRA 748, the tax national by her marriage.
amnesty merely removed all the civil, criminal
and administrative liabilities of Enzo. It did not In 1973, upon reaching the age of majority, "A"
obliterate his lack of good moral character elected to acquire Philippine citizenship.
and irreproachable conduct. However, "A" continued to reside in California
3) On the assumption that he left a family, the and to carry an American passport. He also
death of Enzo does not render the petition for paid allegiance to the Taipei government. In the
the cancellation of his certificate of 1987 Philippine National elections, he was
naturalization moot. As held in Republic vs. Li elected Senator. His opponent moved to
Yao, 224 SCRA 748, the outcome of the case disqualify him on the grounds:
will affect his wife and children. a) That he was not a natural born citizen; and
b) That he had "dual allegiance" not only to
Citizenship; Elected Official (1993) the United States but also to the Republic
No. 7: Ferdie immigrated to the United States in the of China.
1980s. Thereafter, he visited his hometown, Decide.
Makahoy, every other year during town fiestas. In SUGGESTED ANSWER:
January 1993. Ferdie came home and filed his The electoral contest must be dismissed.
certificate of candidacy for Mayor of (a) "A" is a natural born citizen. Art. IV, Sec. 2 of
Makahoy. He won in the elections. Joe, the the 1987 Constitution provides that "those who
defeated candidate, learned that Ferdie is a elect Philippine citizenship in accordance with
greencard holder which on its face identifies paragraph (3), Sec. 1 hereof shall be
Ferdie as a "resident alien" and on the back deemed natural born citizens." The purpose of
thereof is clearly printed: this provision is to equalize the status of those who
"Person identified by this card is entitled to elected Philippine citizenship before and those
reside permanently and work in the United who did so after January 17, 1973 when the
States." Joe filed a case to disqualify Ferdie previous Constitution took effect.
from assuming the mayorship of Maka-hoy.
Questions: (b) The "DUAL ALLEGIANCE" declared
(1) Whether or not a green card is proof inimical to national interest in Art. IV, Sec. 5
that the holder is a permanent resident refers to the dual allegiance of some such as
of the United States. naturalized Filipino citizens (mostly Chinese)
who maintain allegiance to Nationalist China as
shown in some cases by their membership in of the Philippines (Art. IV, sec. 1(3)). Under Art.
the legislative Yuan after their naturalization as IV, sec, 2 he is also deemed a natural-born
citizens of the Philippines. The prohibition does not citizen.
apply in situations brought about by dual
citizenship, such as the one involved in the 2. The Constitution requires, among other
problem. Indeed, a Filipino woman can have things, that a candidate for member of the
dual allegiance resulting from her marriage to a House of Representatives must be at least 25
foreigner under Sec. 4, so long as she does not do years of age "on the day of the election." (Art.
or omit to do an act amounting to VI, sec. 6). As Brown was born on May 15,
renunciation under Commonwealth Act. No. 63, 1962, he did not become 25 years old until May 15,
Sec. 1(2). Under this law, express 1987. Hence on May 11, 1987, when the
renunciation is different from an act of election was held, he was 4 days short of the
allegiance to a foreign power as a ground for required age.
loss of Philippine citizenship. Moreover, what
constitutes "dual allegiance" inimical to national 3. The Constitution provides that those who
interest is and what the sanctions for such dual seek either to change their citizenship or to
allegiance will be, will still have to be defined by law acquire the status of an immigrant of another
pending adoption of such legislation, country "during their tenure" shall be dealt with by
objection based on dual allegiance will be law (Art. XI, sec. 17). The provision cannot
premature. apply to Brown for the following reasons: First,
Brown is in addition an American citizen and
Dual Allegiance vs. Dual Citizenship (1988) thus has a dual citizenship which is allowed by the
No. 13: Robert Brown was born in Hawaii on Constitution. (Cf. Art. IV, sec. 4), Second, Brown
May 15, 1962, of an American father and a did not seek to acquire the status of an immigrant,
Filipina mother. On May 16, 1983 while holding an but is an American by birth under the principle
American passport, he registered as a Filipino of jus soli obtaining in the United States. Third,
with the Philippine Consulate at Honolulu, he did not seek to change his status during his
Hawaii. In September, 1983 he returned to tenure as a public officer. Fourth, the provision
the Philippines, and took up residence at of Art. XI, sec. 17 is not self-executing but
Boac, Marinduque, hometown of his mother. He requires an implementing law. Fifth, but above
registered as a voter, voted, and even participated all, the House Electoral Tribunal has no
as a leader of one of the candidates in that jurisdiction to decide this question since it
district in the 1984 Batasan elections. In the
does not concern the qualification of a
elections of 1987, he ran for Congressman, and
member-elect.
won. His sole opponent is now questioning his
qualifications and is trying to oust him on two Dual Citizenship (1994)
basic claims: No. 8: In 1989, Zeny Reyes married Ben Tulog, a
(1) He is not a natural born Filipino citizen, but national of the State of Kongo. Under the laws of
is in fact, an American, born in Hawaii, Kongo, an alien woman marrying a Kongo
an integral portion of the U.S.A., who holds national automatically acquires Kongo
an American passport; citizenship. After her marriage, Zeny resided in
(2) He did not meet the age requirement; and Kongo and acquired a Kongo passport. In 1991,
(3) He has a "green card" from the Zeny returned to the Philippines to run for
U.S. Government. Governor of Sorsogon.
(1) Was Zeny qualified to run for Governor?
Assume that you are a member of the (2) Suppose instead of entering politics. Zeny
House Electoral Tribunal where the petition for just got herself elected as vice-president of the
Brown's ouster is pending. How would you Philippine Bulletin, a local newspaper. Was
decide the three issues raised against him? she qualified to hold that position?
The first and third grounds have no merit. 1) Under Section 4, Article IV of the
But the second is well taken and, therefore, Constitution. Zeny retained her Filipino
Brown should be disqualified. citizenship. Since she also became a citizen of
1. Robert Brown is a natural born citizen of the Kongo, she possesses dual citizenship.
Philippines. A person born of a Filipino mother Pursuant to Section 40 (d) of the Local
and an alien father before January 17, 1973, Government Code, she is disqualified to run for
who thereafter upon reaching the age of governor. In addition, if Zeny returned to the
majority elect Philippine citizenship, is a citizen Philippines, less than a year immediately before
the day of the election, Zeny is not qualified to run not qualify to participate in the management of
for Governor of Sorsogon. Under Section 39(a) the Bulletin as Vice-President thereof.
of the Local Government Code, a
candidate for governor must be a resident in the Effect of Marriage; Filipino (1989)
province where he intends to run at least one No, 2: (1) Lily Teh arrived in Manila on one of
(1) year immediately preceding the day of the her regular tours to the Philippines from Taipeh.
election. By residing in Kongo upon her She met Peter Go, a naturalized Filipino citizen.
marriage in 1989, Zeny abandoned her After a whirlwind courtship, Lily and Peter were
residence in the Philippines. married at the San Agustin Church. A week
This is in accordance with the decision in Caasi after the wedding, Lily Teh petitioned in
vs. Court of Appeals, 191 SCRA 229. administrative proceedings before immigration
ALTERNATIVE ANSWER: authorities to declare her a Filipino citizen
No. Zeny was not qualified to run for Governor. stating that she had none of the
Under the Constitution, "citizens of the disqualifications provided in the Revised
Philippines who marry aliens shall retain their Naturalization Law. The jilted Filipino girlfriend of
citizenship, unless by their act or omission they are Peter Go opposed the petition claiming that Lily
deemed, under the law to have renounced it." Teh was still a minor who had not even
(Sec. 4, Art. IV, Constitution). Her residing in Kongo celebrated her 21st birthday, who never resided in
and acquiring a Kongo passport are indicative the Philippines except during her one-week visit
of her renunciation of Philippine citizenship, as tourist from Taipeh during the Chinese New
which is a ground for loss of her citizenship Year, who spoke only Chinese, and who had
which she was supposed to have retained. radical ideas liked advocating unification of Taiwan
When she ran for Governor of Sorsogon, with mainland China. Lily Teh, however, swore that
Zeny was no longer a Philippine citizen and, she was renouncing her Chinese allegiance and
hence, was disqualified for said position. while she knew no Filipino customs and
traditions as yet, she evinced a sincere desire
to learn and embrace them. Would Lily Teh
2) Although under Section 11(1), Article XVI of the succeed in becoming a Filipino citizen through
Constitution, mass media must be wholly owned her marriage to Peter Go? Explain.
by Filipino citizens and under Section 2 of the
Anti-Dummy Law aliens may not intervene SUGGESTED ANSWER:
in the management of any nationalized Yes, Lily Teh ipso facto became a Philippine
business activity. Zeny may be elected vice citizen upon her marriage to Peter Go, who is a
president of the Philippine Bulletin, because she Philippine citizen, provided she possesses none of
has remained a Filipino citizen. Under Section 4, the disqualifications laid down in Section 4 of the
Article IV of the Constitution, Filipino citizens Revised Naturalization Law. According to to the
who marry aliens retains their citizenship unless ruling in Moy Ya Lim Yao vs. Commissioner of
by their act or omission they are deemed, under the Immigration, 41 SCRA 292, an alien woman who
law, to have renounced it. The acts or omission marries a Filipino husband ipso facto
which will result in loss of citizenship are becomes a Filipino citizen without having to
enumerated in Commonwealth Act No, 63. possess any of the qualifications prescribed in
Zeny is not guilty of any of them. As held in Section 2 of the Revised Naturalization Law
Kawakita vs. United States, 343 U.S. 717, a provided she possesses none of the
person who possesses dual citizenship like Zeny disqualifications set forth in Section 4 of the
may exercise rights of citizenship in both countries same law. All of the grounds invoked by the
and the use of a passport pertaining to one former girlfriend of Peter Go for opposing the
country does not result in loss of citizenship in the petition of Lily Teh, except for the last one, are
other country. qualifications, which Lily Teh need not possess. The
ALTERNATIVE ANSWER: fact that Lily Teh is advocating the unification
Neither, was Zeny qualified to hold the position of of Taiwan with mainland China is not a ground for
vice-president of Philippine Bulletin. Under the disqualification under Section 4 of the Revised
Constitution, "the ownership and Naturalization Law.
management of mass media shall be limited to
citizens, of the Philippines, or to corporation, Effect of Oath of Allegiance (2004)
cooperatives or associations wholly owned and (4-a) TCA, a Filipina medical technologist, left
managed by such citizens" (Section XI [1], Art. XVI), in 1975 to work in ZOZ State. In 1988 she
Being a non-Philippine citizen, Zeny can married ODH, a citizen of ZOZ. Pursuant to
ZOZ's law, by taking an oath of allegiance, she
acquired her husband's citizenship. ODH died in Effect of Repatriation (2002)
2001, leaving her financially secured. She No I - A was born in the Philippines of Filipino
returned home in 2002, and sought elective parents. When martial law was declared in the
office in 2004 by running for Mayor of APP, her Philippines on September 21, 1972, he went to the
hometown. Her opponent sought to have her United States and was naturalized as an
disqualified because of her ZOZ citizenship. She American citizen. After the EDSA Revolution, he
replied that although she acquired ZOZ's came home to the Philippines and later on
citizenship because of marriage, she did not reacquired Philippine citizenship by repatriation.
lose her Filipino citizenship. Both her parents, Suppose in the May 2004 elections he is
she said, are Filipino citizens. Is TCA qualified elected Member of the House of
to run for Mayor? (5%) Representatives and a case is filed seeking his
disqualification on the ground that he is not a
SUGGESTED ANSWER: natural-born citizen of the Philippines, how
On the assumption that TCA took an oath of should the case against him be decided?
allegiance to ZOZ to acquire the citizenship of Explain your answer. (5%)
her husband, she is not qualified to run for SUGGESTED ANSWER:
mayor. She did not become a citizen of ZOZ The case should be decided in favor of A. As
merely by virtue of her marriage, she also took an held In Bengson v. House of Representatives
oath of allegiance to ZOZ. By this act, she lost Electoral Tribunal, 357 SCRA 545 (2001),
her Philippine citizenship. (Section 1 [3], repatriation results in the recovery of the
Commonwealth Act No. 63.) original nationality. Since A was a natural-born
Filipino citizen before he became a naturalized
Effect of Repatriation (1999) American citizen, he was restored to his former
No III - B. Julio Hortal was born of Filipino status as a natural-born Filipino when he
parents. Upon reaching the age of majority, he repatriated.
became a naturalized citizen in another country.
Later, he reacquired Philippine citizenship. Effect of Repatriation (2003)
Could Hortal regain his status as natural born No IV - Juan Cruz was born of Filipino parents in
Filipino citizen? Would your answer be the 1960 in Pampanga. In 1985, he enlisted in the
same whether he reacquires his Filipino- U.S. Marine Corps and took an oath of
citizenship by repatriation or by act of allegiance to the United States of America. In
Congress? Explain. (3%) 1990, he was naturalized as an American
FIRST ALTERNATIVE ANSWER: citizen. In 1994, he was repatriated under
Julian Mortal can regain his status as a natural born Republic Act No. 2430. During the 1998
citizen by repatriating. Since repatriation involves National Elections, he ran for and was elected
restoration of a person to citizenship previously representative of the First District of Pampanga
lost by expatriation and Julian Mortal was previously where he resided since his repatriation. Was he
a natural born citizen, in case he repatriates he will qualified to run for the position? Explain.
be restored to his status as a natural born citizen. SUGGESTED ANSWER:
If he reacquired his citizenship by an act of Cruz was qualified to run as representative of
Congress, Julian Hortal will not be a natural born the First District of Pampanga. Since his
citizen, since he reacquired his citizenship parents were Filipino citizens, he was a natural-
by legislative naturalization. born citizen. Although he became a
naturalized American citizen, under the ruling in
Bengson v. House of Representatives Electoral
SECOND ALTERNATIVE ANSWER: Tribunal. 357 SCRA 545 [2001], by virtue of his
Julian Hortal cannot regain his status as a repatriation, Cruz was restored to his original
natural born citizen by repatriating. He had to status as a natural-born Filipino citizen.
perform an act to acquire his citizenship, i.e.,
repatriation. Under Section 2, Article IV of the Effects of Marriages (1999)
Constitution, natural born citizens are those No III- What are the effects of marriages of:
who are citizens from birth without having to 1. a citizen to an alien; (1%)
perform an act to acquire or perfect their 2. an alien to a citizen; on their spouses
citizenship. If he reacquired his citizenship by an and children? Discuss. (1%)
act of Congress, Julian Hortal will not be a SUGGESTED ANSWER:
natural born citizen since he reacquired his 1.) According to Section 4, Article IV of the
citizenship by legislative naturalization. Constitution, Filipino citizens who marry aliens
retain their citizenship, unless by their act or
omission they are deemed, under the law,
to have renounced it. Elected Official (1992)
No. 16: Edwin Nicasio, born in the
2) According to Mo Ya Lim Yao v. Philippines of Filipino parents and raised in the
Commissioner of Immigration, 41 SCRA 292, province of Nueva Ecija, ran for Governor of
under Section 15 of the Revised Naturalization his home province. He won and he was sworn
Law, a foreign woman who marries a Filipino into office. It was recently revealed, however,
citizen becomes a Filipino citizen provided she that Nicasio is a naturalized American citizen.
possesses none of the disqualifications for a) Does he still possess Philippine citizenship?
naturalization. A foreign man who marries a b) If the second-placer in the gubernatorial
Filipino citizen does not acquire Philippine elections files a quo warranto suit against
citizenship. However, under Section 3 of the Nicasio and he is found to be disqualified
Revised Naturalization Act, in such a case the from office, can the second-placer be sworn
residence requirement for naturalization will be into office as governor?
reduced from ten (10) to five (5) years. Under c) If, instead, Nicasio had been born (of the
Section 1(2), Article IV of the Constitution, the same set of parents) in the United States
children of an alien and a Filipino citizen are and he thereby acquired American
citizens of the Philippines. citizenship by birth, would your answer be
different?
Effects of Philippine Bill of 1902 (2001) SUGGESTED ANSWER:
No I - From mainland China where he was born of a) No, Nicasio no longer possesses
Chinese parents, Mr Nya Tsa Chan migrated to the Philippine citizenship. As held in Frivaldo vs.
Philippines in 1894. As of April 11, 1899, he was COMELEC, 174 SCRA 245, by becoming
already a permanent resident of the Philippine a naturalized American citizen, Nicasio
Islands and continued to reside in this country lost his Philippine citizenship. Under
until his death. During his lifetime and when he Section 1(1) of Commonwealth Act
was already in the Philippines, Mr. Nya Tsa Chan No. 63, Philippine citizenship is lost by
married Charing, a Filipina, with whom he begot naturalization in a foreign country,
one son, Hap Chan, who was born on October
18. 1897. Hap Chan got married also to b) 2nd placer can’t be sworn to office...
Nimfa, a Filipina, and one of their children was
Lacqui Chan who was born on September 27, c) If Nicasio was born in the United States, he
1936. Lacqui Chan finished the course Bachelor would still be a citizen of the Philippines, since his
of Science in Commerce and eventually engaged parents are Filipinos. Under Section 1(2), those
in business. whose fathers or mothers are citizens of the
Philippines are citizens of the Philippines.
In the May 1989 election, Lacqui Chan ran for Nicasio would possess dual citizenship, since
and was elected Representative under American Law persons born in the United
(Congressman). His rival candidate, Ramon States are American citizens. As held in Aznor vs.
Deloria, filed a quo warranto or disqualification COMELEC. 185 SCRA 703, a person who
case against him on the ground that he was not a possesses both Philippine and American
Filipino citizen. It was pointed out in particular, that citizenship is still a Filipino and does not lose
Lacqui Chan did not elect Philippine his Philippine citizenship unless he renounces it.
citizenship upon reaching the age of 21.
Decide whether Mr. Lacqui Chan suffers from a Electing Philippine Citizenship (Q8-2006)
disqualification or not. (5%) 1. Atty. Emily Go, a legitimate daughter of a
SUGGESTED ANSWER: Chinese father and a Filipino mother, was
Lacqui Chan is a Filipino citizen and need not born in 1945. At 21, she elected
elect Philippine citizenship. His father, Hap Philippine citizenship and studied law.
Chan, was a Spanish subject, was residing in She passed the bar examinations and
the Philippines on April 11, 1899, and continued to engaged in private practice for many
reside in the Philippines. In accordance with Section years. The Judicial and Bar Council
4 of the Philippine Bill of 1902, he was a Filipino nominated her as a candidate for the
citizen. Hence, in accordance with Section 1(3} position of Associate Justice of the
of the 1935 Constitution, Lacqui Chan is a natural Supreme Court. But her nomination is
born Filipino citizen, since his father was a Filipino being contested by Atty. Juris Castillo,
citizen. also an aspirant to the position. She
claims that Atty. Emily Go is not a natural- No, 2: (2) A child was born to a Japanese father
born citizen, hence, not qualified to be and a Filipina mother. Would he be eligible
appointed to the Supreme Court. Is this to run for the position of Member of the House
contention correct? (5%) of Representatives upon reaching
SUGGESTED ANSWER: twenty-five years of age?
The contention is not correct. Under Article IV, SUGGESTED ANSWER:
Section 1(3) of the 1987 Constitution, it is The child can run for the House of
provided that those born before January 17, Representatives provided upon reaching the
1973 of Filipino mothers, who elect Philippine age of majority he elected Philippine
Citizenship upon reaching the age of majority citizenship. Under Section 6, Article VI of the
are Filipino citizens. Atty. Emily Go was born of a 1987 Constitution, to qualify to be a member of the
Filipino mother in 1945 and elected House of Representatives, one must be a
citizenship upon reaching the age of 21. She is a natural-born Philippine citizen. According to
natural born Filipino citizen as provided by Section 1 (3), Article IV of the 1987
Article IV, Section 2 of the Constitution — "x x x Constitution, children born before January 17,
those who elect Philippine citizenship in 1973 of Filipino mothers, who elect Philippine
accordance with paragraph (3), Section 1 citizenship upon reaching the age of majority
hereof shall be deemed natural-born citizens." are Philippine citizens.
Hence she is qualified to be appointed to the
Supreme Court. Section 2, Article IV of the 1987 Constitution
provides: "Those who elect Philippine
Electing Philippine Citizenship; When citizenship in accordance with paragraph (3),
Proper (Q8-2006) Section 1 hereof shall be deemed natural-born
2. Atty. Richard Chua was born in 1964. He is citizens." On the other hand, if the child was
a legitimate son of a Chinese father and a born after January 17, 1973, he would be
Filipino mother. His father became a considered a natural born citizen without need
naturalized Filipino citizen when Atty. Chua of election pursuant to Art. IV, Sec. 1(2).
was still a minor. Eventually, he studied
law and was allowed by the Supreme Natural Born Filipino (1998)
Court to take the bar examinations, No IV - Andres Ang was born of a Chinese
subject to his submission to the Supreme father and a Filipino mother in Sorsogon,
Court proof of his Philippine citizenship. Sorsogon. On January 20, 1973, in 1988, his
Although he never complied with such father was naturalized as a Filipino citizen. On
requirement, Atty. Chua practiced law for May 11, 1998, Andres Ang was elected
many years until one Noel Eugenio filed Representative of the First District of Sorsogon.
with the Supreme Court a complaint for Juan Bonto who received the second highest
disbarment against him on the ground that number of votes, filed a petition for Quo
he is not a Filipino citizen. He then filed Warranto against Ang. The petition was filed
with the Bureau of Immigration an with the House of Representative Electoral
affidavit electing Philippine citizenship. Tribunal (HRET). Bonto contends that Ang is not
Noel contested it a natural born citizen of the Philippines and
claiming it was filed many years therefore is disqualified to be a member of the
after Atty. Chua reached the age of House.
majority. Will Atty. Chua be disbarred?
Explain. (5%) The HRET ruled in favor of Ang. Bonto
SUGGESTED ANSWER: filed a petition for certiorari in the Supreme
No, Atty. Chua will not be disbarred. Atty. Chua is Court. The following issues are raised:
already a Filipino citizen and there was no need (1) Whether the case is justiciable
for him to file the affidavit electing Filipino considering that Article VI. Section
citizenship. An election of Philippine citizenship 17 of the Constitution declares the
presupposes that the person electing is an HRET to be the "sole Judge" of all
alien. His father, however, already became a contests relating to the election returns
Filipino citizen when Atty. Chua was still a and disqualifications of members of the
minor and thus, he was already a Filipino be- House of Representatives. [5%]
fore the age of majority (Co v. HRET, G.R. Nos. (2) Whether Ang is a natural bom citizen of the
92191-92, July 30,1991). Philippines. |5%]
How should this case be decided?
Natural Born Filipino (1989) SUGGESTED ANSWER:
1. The case is justiciable. (grave abuse with Section 2, Article IV of the
of discretion)... Constitution, which reads:
2. Andres Ang should be considered a natural Those who elect Philippine citizenship in
born citizen of the Philippines. He was born of a accordance with paragraph (3), Section 1
Filipino mother on January 20, 1973. This hereof shall be deemed natural born citizens."
was after the effectivity of the 1973 Constitution on
January 17, 1973. Under Section (1), Article III of 2) Ernest is not under-aged. (minimum 25 yrs
the 1973 Constitution, those whose fathers or old)....
mothers are citizens of the Philippines are
citizens of the Philippines. Andres Ang Naturalization; Cancellation of Citizenship
remained a citizen of the Philippines after the (1998)
effectivity of the 1987 Constitution. Section 1, No X. - Lim Tong Biao, a Chinese citizen
Article IV of the 1987 Constitution provides: applied for and was granted Philippine
"The following are citizens of the Philippines: citizenship by the court. He took his oath as
"(l) Those who are citizens of the Philippines at citizen of the Philippines to July 1963, in 1975, the
the time of the adoption of this Constitution;" Office of the Solicitor General filed a petition to
cancel his Philippine citizenship for the
Natural-Born Filipino(1993) reason that in August 1963, the Court of Tax
No. 1: In 1964, Ruffa, a Filipina domestic helper Appeals found him guilty of tax evasion for
working in Hongkong, went to Taipei for a deliberately understating his income taxes for the
vacation, where she met Cheng Sio Pao, whom she years 1959-1961.
married. Under Chinese Law, Ruffa (1) Could Lim Tong Biao raise the defense
automatically became a Chinese citizen. The of prescription of the action for cancellation
couple resided in Hongkong, where on May 9, of his Filipino citizenship? [3%]
1965, Ruffa gave birth to a boy named Ernest. Upon (2) Supposing Lim Tong Biao had availed of
reaching the age of majority, Ernest elected the Tax Amnesty of the government for his tax
Philippine citizenship. After the EDSA Revolution, liabilities, would this constitute a valid
Ernest decided to live permanently in the defense to the cancellation of his Filipino
Philippines, where he prospered as a citizenship? [2%]
businessman. During the May 11, 1993 SUGGESTED ANSWER:
election, Ernest ran and won as a 1. No, Lim Tong Biao cannot raise the
congressman. His opponent, noting Ernest's defense of prescription. As held in Republic us. Go
Chinese ancestry, filed a petition to disqualify Bon Lee, 1 SCRA 1166, 1170, a decision
the latter on the following grounds; (1) Ernest granting citizenship is not res judicata and the
Cheng is not a natural born Filipino; and (2) he is right of the government to ask for the
under-aged. Decide. cancellation of a certificate cancellation is not
SUGGESTED ANSWER: barred by the lapse of time.
1) Ernest cannot be disqualified. Section 1,
Article IV of the Constitution provides: "The 2. The fact that Lim Tong Biao availed of the
following are citizens of the Philippines; XXX tax amnesty is not a valid defense to
XXX XXX "(3) Those born before the cancellation of his Filipino
January 17, 1973, of Filipino mothers, who citizenship. In Republic vs. Li Yao, 214
elect Philippine citizenship upon reaching the SCRA 748, 754, the Supreme Court held:
age of majority;" Ernest could elect Philippine "In other words, the tax amnesty does not
citizenship since he was born before January have the effect of obliterating his lack of good
17, 1973 and his mother is a Filipino. As stated moral character and irreproachable conduct
in the cases of Torres vs. Tan Chim, 69 Phil. which are grounds for denaturalization,"
518 and Cu vs. Republic, 83 Phil. 473, for this
provision to apply, the mother need not be a Filipino Residency Requirements; Elective Official
citizen at the time she gave birth to the (Q9-2005)
child in question. It is sufficient that she was a (1) In the May 8,1995 elections for local
Filipino citizen at the time of her marriage. officials whose terms were to commence
Otherwise, the number of persons who would be on June 30, 1995, Ricky filed on March
benefited by the foregoing provision would be 20, 1995 his certificate of candidacy for
limited. the Office of Governor of Laguna. He
won, but his qualifications as an elected
Having elected Philippine citizenship, Ernest is a
official was questioned. It is admitted that
natural-born Filipino citizen in accordance
he is a repatriated Filipino citizen and Status; Illegitimate Child; Dual Citizenship
a resident of the Province of Laguna. To (1996)
be qualified for the office to which a No. 8: 2) X was born in the United States of a
local official has been elected, when Filipino father and a Mexican mother.
at the latest should he be: (5%) He returned to the Philippines when he was
twenty- six years of age, carrying an American
(a) A Filipino Citizen? Explain. passport and he was registered as an alien
with the Bureau of Immigration.
SUGGESTED ANSWER:
The citizenship requirement is to be possessed by Was X qualified to run for membership in
an elective official at the latest as of the time he is the House of Representatives in the
proclaimed and at the start of the term of office to 1995 elections? Explain.
which he has been elected. Section 39 of the SUGGESTED ANSWER:
Local Government Code, which enumerates Whether or not X was qualified to run
the qualifications of elective local government for membership in the House of
officials, does not specify any particular date or Representatives in the 1995 election
time when the candidate must possess citizenship. depends on the circumstances.
(Frivaldo v. COMELEC, G.R. No. 120295, June
28,1996) If X was an Illegitimate child, he is not qualified to
run for the House of Representatives.
(b) A resident of the locality? Explain. According to the case of in re Mallare, 59 SCRA 45,
an illegitimate child follows the citizenship of the
SUGGESTED ANSWER: mother. Since the mother of X is a Mexican, he will
Under Section 39 of the Local be a Mexican citizen if he is an illegitimate
Government Code, an individual must possess child, even if his father is a Filipino.
the residency requirement in the locality
where he intends to run at least one year If X is a legitimate child, he is a Filipino citizen.
immediately preceding the day of election. Under Section 2(2), Article IV of the
Constitution, those whose fathers are citizens of the
Status; Illegitimate Child (1990) Philippines are Filipino citizens. Since X was
No. 3: Y was elected Senator in the May 1987 born in the United States, which follows jus soli, X
national elections. He was born out of wedlock in is also an American citizen. In accordance
1949 of an American father and a naturalized with Aznar vs. Commission, on Elections, 185
Filipina mother. Y never elected Philippine SCRA 703, the mere fact a person with dual
citizenship upon reaching the age of majority. citizenship registered as an alien with the
(1) Before what body should T, the losing Commission on Immigration and Deportation does
candidate, question the election of not necessarily mean that he is renouncing his
Y? State the reasons for your answer. Philippine citizenship. Likewise, the mere fact
(2) Is Y a Filipino citizen? Explain that X used an American passport did not
your answer. result in the loss of his Philippine citizenship. As
SUGGESTED ANSWER: held in Kawakita vs. Untied States, 343 U.S. 717,
(1) T, the losing candidate, should question the since a person with dual citizenship has the rights of
election of Y before the Senate citizenship in both countries, the use of a passport
Electoral Tribunal, .... issued by one country is not inconsistent
with his citizenship in the other country.
(2) Yes, Y is a Filipino citizen. More than that he is
a natural born citizen of the Philippines ALTERNATIVE ANSWER:
qualified to become a Senator. Since Y is an If X has taken an oath of allegiance to the U.S.
illegitimate child of a Filipino mother, he follows the he will be deemed to have renounced
citizenship of his mother. He need not elect his Philippine citizenship. Consequently,
Philippine citizenship upon reaching the age of he is disqualified to run for the
majority as held In re Mallare. 59 SCRA 45. In House of Representatives.
Osias v. Antonino, Electoral Case No. 11,
August 6, 1971, the Senate Electoral Tribunal Status; Legitimate Child (2003)
held that the illegitimate child of an alien father and No IV - Miguel Sin was born a year ago in
a Filipino mother is a Filipino citizen and is qualified China to a Chinese father and a Filipino mother His
to be a Senator. parents met in Shanghai where they were

lawfully married just two years ago. Is of public funds by PAGCOR, not being
Miguel Sin a Filipino citizen? made pursuant to an appropriation made
SUGGESTED ANSWER: by law, violates the Constitution.
Miguel Sin is a Filipino citizen because he is the
legitimate child of a Filipino mother. Under Appropriation of Public Funds;
Article IV, Section 4 of the 1987 Constitution, Debt Servicing (1992)
his mother retained her Philippine citizenship No 13: Explain how the automatic appropriation of
despite her marriage to an alien husband, and public funds for debt servicing can be
according to Article IV, Section 1(2) of the 1987 reconciled with Article VI, Section 29(1) of the
Constitution, children born of a Filipino mother Constitution. Said provision says that "no
are Filipino citizens. money shall be paid out of the Treasury except in
pursuance of an appropriation made by law".
Ways of Reacquiring Citizenship (2000) SUGGESTED ANSWER:
No XVIII. - Cruz, a Filipino by birth, became an As stated in Guingona vs. Carague, 196 SCRA 221,
American citizen. In his old age he has returned to the presidential decrees providing for the
the country and wants to become a Filipino appropriation of funds to pay the public debt do not
again. As his lawyer, enumerate the ways by violate Section 29(1), Article VI of the
which citizenship may be reacquired. (2%) Constitution. They provide for a continuing
SUGGESTED ANSWER: appropriation, there is no constitutional
Cruz may reacquire Philippine citizenship in the prohibition against this. The presidential
following ways: decrees appropriate as much money as is
1. By naturalization; needed to pay the principal, interest, taxes and
2. By repatriation pursuant to Republic Act No. other normal banking charges on the loan.
8171; and Although no specific amounts are mentioned, the
3. By direct act of Congress (Section 2 amounts are certain because they can be
of Commonwealth Act No. 63). computed from the books of the National
Treasury.
ARTICLE VI Legislative Appropriation of Public Funds;
Department Public Purposes (1988)
No. 7: - Tawi-Tawi is a predominantly Moslem
Appropriation of Public Funds (1988) province. The Governor, the Vice-Governor,
No. 6: - Metropolitan newspapers have reported that and members of its Sangguniang Panlalawigan are
the Philippine Games and Amusement all Moslems. Its budget provides the
Corporation (PAGCOR) gives hefty Governor with a certain amount as his
contributions to Malacanang, to fund "socio- discretionary funds. Recently, however, the
economic and civic projects" of the President, Sangguniang Panlalawigan passed a resolution
The reports add that for 1988 alone, some six appropriating P100,000 as a special
hundred million (P600M) pesos have already discretionary fund of the Governor, to. be spent by
been earmarked for remittance to the Office of him in leading a pilgrimage of his
the President. PAGCOR had also been provincemates to Mecca, Saudi Arabia, Islam's
reported to have funded, as coordinated by a holiest city.
Congressman from Mindanao, special projects of
quite a number of members of the House of Philconsa, on constitutional grounds, has filed
Representatives. suit to nullify the resolution of the Sangguniang
Panlalawigan giving the special discretionary
Assuming that money earned by PAGCOR from its fund to the Governor for the stated purpose.
operations are public funds, are such How would you decide the case? Give your
contributions to Malacañang and to certain reasons.
Congressmen and their expenditure as SUGGESTED ANSWER:
reported, legal? Cite constitutional or decisional The resolution is unconstitutional First, it
rules in support of your answer. violates art. VI, sec. 29(2) of the Constitution
SUGGESTED ANSWER: which prohibits the appropriation of public
The contributions made to Malacañang and to money or property, directly or indirectly, for the use,
certain congressmen are Illegal. Under art. VI, benefit or support of any system of religion,
sec. 29(1) no money can be paid out of the and, second, it contravenes art. VI, sec, 25(6)
Treasury except in pursuance of an which limits the appropriation of discretionary
appropriation made by law. The disbursement funds only for public purposes.
The use of discretionary funds for purely Commission on Appointments, Otherwise,
religious purpose is thus unconstitutional, the Commission on Appointments will have
and the fact that the disbursement is to be reorganized as often as votes shift
made by resolution of a local legislative body from one side to another in the
and not by Congress does not make it any less House of Representatives.
offensive to the Constitution. Above all,
the resolution constitutes a clear Delegation of Powers (2002)
violation of the Non- establishment No XVII. - Suppose that Congress passed a law
Clause (art. III, sec. 5) of the Constitution. creating a Department of Human Habitat and
authorizing the Department Secretary to
Commission on Appointments (2002) promulgate implementing rules and regulations.
No III - Suppose there are 202 members in the Suppose further that the law declared that
House of Representatives. Of this number, 185 violation of the implementing rules and
belong to the Progressive Party of regulations so issued would be punishable as a
the Philippines or PPP, while 17 belong crime and authorized the Department Secretary to
to the Citizens Party or CP. How would prescribe the penalty for such violation. If the law
you answer the following questions defines certain acts as violations of the law and
regarding the representation of the House makes them punishable, for example, with
in the Commission on Appointments? imprisonment of three (3) years or a fine in the
A. A How many seats would the PPP amount of P10,000.00, or both such
be entitled to have in the Commission imprisonment and fine, in the discretion of the
on Appointments? Explain your answer court, can it be provided in the implementing
fully. (5%) rules and regulations promulgated by the
B. Suppose 15 of the CP representatives, while Department Secretary that their violation will also
maintaining their party affiliation, entered be subject to the same penalties as those provided
into a political alliance with the PPP in order to in the law itself? Explain your answer fully. (5%)
form the "Rainbow Coalition'' in the House.
What effect, if any, would this have on the SUGGESTED ANSWER:
right of the CP to have a seat or seats The rules and regulations promulgated by the
in the Commission on Appointments? Secretary of Human Habitat cannot provide that the
Explain your answer fully. (5%) penalties for their violation will be the same as the
SUGGESTED ANSWER: penalties for the violation of the law. As held in
A. The 185 members of the Progressive Party of United States v. Barrias, 11 Phil. 327 (1908),
the Philippines represent 91.58 per cent of the the fixing of the penalty for criminal offenses
202 members of the House of involves the exercise of legislative power and
Representatives. In accordance with Article cannot be delegated. The law itself must
VI, Section 18 of the Constitution, it is entitled to prescribe the penalty.
have ten of the twelve seats in the Commission on
Appointments. Although the 185 members of Delegation of Powers; (Q6-2005)
Progressive Party of the Philippines represent (2) Section 32 of Republic Act No. 4670
10.98 seats in the Commission on (The Magna Carta for Public School
Appointments, under the ruling in Guingona v. Teachers) reads:
Gonzales, 214 SCRA 789 (1992), a fractional Sec. 32. Penal Provision. — A person who
membership cannot be rounded off to full shall willfully interfere with, restrain or coerce any
membership because it will result in over- teacher in the exercise of his rights
representation of that political party and under- guaranteed by this Act or who shall in any
representation of the other political parties. other manner commit any act to defeat any of the
provisions of this Act shall, upon
B. The political alliance formed by the 15 conviction, be punished by a fine of not less
members of the Citizens Party with the than one hundred pesos nor more than one
Progressive Party of the Philippines will not thousand pesos, or by imprisonment, in the
result in the diminution of the number of seats discretion of the court.
in the Commission on Appointments to which
the Citizens Party is entitled. As held in Is the proviso granting the court the authority to
Cunanan v. Tan, 5 SCRA 1 (1962), a temporary impose a penalty or imprisonment in its
alliance between the members of one political discretion constitutional? Explain briefly. (4%)
party and another political party does not SUGGESTED ANSWER:
authorize a change in the membership of the
The proviso is unconstitutional. Section 32 of when it reaches him except to enforce it.
R.A. No. 4670 provides for an indeterminable (See ITS v. Ang Tang Ho, G.R. No. L-
period of imprisonment, with neither a minimum nor 17122, February 27, 1922)
a maximum duration having been set by the
legislative authority. The courts are thus given SUFFICIENT STANDARD TEST. A sufficient
wide latitude of discretion to fix the term of standard is intended to map out the boundaries
imprisonment, without even the benefit of any of the delegate's authority by defining
sufficient standard, such that the duration the legislative policy and indicating
thereof may range, in the words of respondent the circumstances under which it is to be
judge, from one minute to the life span of the pursued and effected; intended to prevent
accused. This cannot be allowed. It vests in the a total transference of legislative power
courts a power and a duty essentially legislative in from the legislature to the delegate. The
nature and which, as applied to this case, does standard is usually indicated in the
violence to the rules on separation of powers law delegating legislative power. (See
as well as the non-delegability of legislative Ynot u. Intermediate Appellate Court, G.R.
powers. (People v. Judge Dacuycuy, G.R. No. L- No. 74457, March 20, 1987)
45127, May 5, 1989)
Discipline; Modes of Removal (1993)
Delegation of Powers; Completeness No. 11: - How may the following be
Test; Sufficient Standard Test (Q6-2005) removed from office:
(1) The two accepted tests to 1) Senators & Congressmen
determine whether or not there is a valid 2) Judges of lower courts
delegation of legislative power are the 3) Officers and employees in the Civil Service
Completeness Test and the Sufficient SUGGESTED ANSWER:
Standard Test. Explain each. (4%) 1) In accordance with Art. III, section 16(3), of the
Constitution, Senators and Congressmen may
ALTERNATIVE ANSWER: be removed by their EXPULSION for
Under the COMPLETENESS TEST, a law must be disorderly behavior, with the concurrence of at
complete in all its terms and provisions when it least two-thirds of all the members of the House to
leaves the legislature that nothing is left to the which they belong. In addition, they may also be
judgment of the delegate. The legislature does removed in consequence of an election
not abdicate its functions when it describes contest filed with the Senate or House of
what job must be done, who is to do it, and Representatives Electoral Tribunal.
what is the scope of his authority. However, a
delegation of power to make the laws which 2) As to Judges, Art. VIII, sec. 11 of the
necessarily involves a discretion as to what it Constitution, ....
shall be may not constitutionally be done. (Edu v.
Ericta, G.R. No. L-32096, October 24, 1970) 3) As to Civil Service Employees, Art. IX-
B. Sec. 2(3) of the Constitution....
Under the SUFFICIENCY OF STANDARDS
TEST, the statute must not only define a Discipline; Suspension of a Member of
fundamental legislative policy, mark its limits and the Congress (2002)
boundaries, and specify the public agency to No II. - Simeon Valera was formerly a Provincial
exercise the legislative power. It must also Governor who ran and won as a Member of the
indicate the circumstances under which the House of Representatives for the Second
legislative command is to be effected. To avoid the Congressional District of lloilo. For violation of
taint of unlawful delegation, there must be a Section 3 of the Anti-Graft and Corrupt
standard, which implies at the very least that Practices Act (R.A. No.3019), as amended,
the legislature itself determines matters of allegedly committed when he was still a
principle and lays down fundamental policy. Provincial Governor, a criminal complaint was
(Free Telephone Workers Union v. Minister of filed against him before the Office of the
Labor, G.R. No. L-58184, October 30, 1981) Ombudsman for which, upon a finding of
probable cause, a criminal case was filed with
ALTERNATIVE ANSWER: the Sandiganbayan. During the course of trial,
COMPLETENESS TEST. The law must be the Sandiganbayan issued an order of
complete in all its essential terms and preventive suspension for 90 days against him.
conditions when it leaves the legislature so that
there will be nothing left for the delegate to do
Representative Valera questioned the validity of the was a de facto officer while he was in
Sandiganbayan order on the ground that, under possession of the office. To allow AVE to collect the
Article VI, Section 16(3) of the salaries and allowances will result in making the
Constitution, he can be suspended only by the government pay a second time. (Mechem, A
House of Representatives and that the criminal Treatise on the Law of Public Offices and
case against him did not arise from his Public Officers, [1890] pp. 222-223.)
actuations as a member of the House of
Representatives. Is Representative Valera's BART is not required to refund to the
contention correct? Why? (5%) government the salaries and allowances he
SUGGESTED ANSWER: received. As a de facto officer, he is entitled to the
The contention of Representative Valera is not salaries and allowances because he
correct As held in Santiago v. Sandiganbayan, rendered services during his incumbency.
356 SCRA 636, the suspension contemplated in (Rodriguez v. Tan, 91 Phil. 724 [1952])
Article VI, Section 16(3) of the Constitution is a
punishment that is imposed by the Senate or House The bills which BART alone authored and were
of Representatives upon an erring member, it approved by the House of Representatives are valid
is distinct from the suspension under Section 13 because he was a de facto officer during his
of the Anti-Graft and Corrupt Practices Act, incumbency. The acts of a de facto officer are
which is not a penalty but a preventive valid insofar as the public is concerned. (People
measure. Since Section 13 of the Anti-Graft and v. Garcia, 313 SCRA 279 [1999]).
Corruption Practices Act does not state that
the public officer must be suspended only in Electoral Tribunal; HRET Members’ Right &
the office where he is alleged to have Responsibilities (2002)
committed the acts which he has been charged, it No IV. In an election case, the House
applies to any office which he may be holding. of Representatives Electoral Tribunal
rendered a decision upholding the election
protest of protestant A, a member of the
Elected Official; De Facto Officer (2004) (10-b) Freedom Party, against protestee B, a
AVE ran for Congressman of QU province. member of the Federal Party. The deciding
However, his opponent, BART, was the one vote in favor of A was cast by Representative
proclaimed and seated as the winner of the X, a member of the Federal Party .
election by the COMELEC. AVE filed
seasonably a protest before HRET (House of For having voted against his party mate,
Representatives Electoral Tribunal). After two Representative X was removed by Resolution of
years, HRET reversed the COMELEC's the House of Representatives, at the
decision and AVE was proclaimed finally as the duly instance of his party (the Federal Party), from
elected Congressman. Thus, he had only one membership in the HRET. Representative X
year to serve in Congress. protested his removal on the ground that he
voted on the basis of the evidence presented
Can AVE collect salaries and allowances and contended that he had security of tenure as a
from the government for the first two years HRET Member and that he cannot be
of his term as Congressman? removed except for a valid cause.
Should BART refund to the government the With whose contention do you agree, that of the
salaries and allowances he had received as Federal Party or that of Representative
Congressman? X? Why? (5%)
SUGGESTED ANSWER:
What will happen to the bills that BART I agree with the contention of Representative X. As
alone authored and were approved by the held In Bondoc v. Pineda, 201 SCRA 792
House of Representatives while he was (1991), the members of the House of
seated as Congressman? Reason and Representatives Electoral Tribunal are entitled to
explain briefly. (5%) security of tenure like members of the
judiciary. Membership in it may not be
SUGGESTED ANSWER: terminated except for a just cause. Disloyalty to
AVE cannot collect salaries and allowances party is not a valid ground for the expulsion of a
from the government for the first two years of member of the House of Representatives
his term, because in the meanwhile BART Electoral Tribunal. Its members must discharge their
collected the salaries and allowances. BART functions with impartiality and
independence from the political party to agreement must be concurred in by at least
which they belong. two-thirds of all the Members of the Senate.
Electoral Tribunal; Senate; Jurisdiction Section 4, Article XVIII of the Constitution

(1990) provides: "All existing treaties or international
No. 3: Y was elected Senator in the May 1987 agreements which have not been ratified shall
national elections. He was born out of wedlock in not be renewed or extended without the
1949 of an American father and a naturalized concurrence of at least two-thirds of all the
Filipina mother. Y never elected Philippine Members of the Senate.”
citizenship upon reaching the age of majority.
Before what body should T, the losing Investigations in Aid of Legislation (1992)
candidate, question the election of Y? No. 8: A case was filed before the
State the reasons for your answer. Sandiganbayan regarding a questionable
Is Y a Filipino citizen? Explain your answer. government transaction. In the course of the
SUGGESTED ANSWER: proceedings, newspapers linked the name of
(1) T, the losing candidate, should question the Senator J. de Leon to the scandal.
election of Y before the Senate Electoral
Tribunal, because the issue involved is the Senator de Leon took the floor of the Senate to
qualification of Y to be a Senator. Section 17, speak on a "matter of personal privilege" to
Article VI of the 1987 Constitution provides that. The vindicate his honor against those "baseless and
Senate and the House of Representatives shall malicious" allegations. The matter was referred to
each-have an Electoral Tribunal which shall be the Committee on Accountability of Public
the sole judge of all contests relating to the Officers, which proceeded to conduct a
election, returns, and qualifications of their legislative inquiry. The Committee asked Mr.
respective Members." Vince Ledesma, a businessman linked to the
transaction and now a respondent before the
(2) Yes, Y is a natural born Filipino citizen. .... Sandiganbayan, to appear and to testify before the
Committee.
Foreign Affairs; Role of House of Rep (1996)
No. 7: 5) Can the House of Representatives Mr Ledesma refuses to appear and file suit
take active part in the conduct of foreign before the Supreme Court to challenge
relations, particularly in entering into treaties and the legality of the proceedings before
international agreements? Explain. the Committee. He also asks
SUGGESTED ANSWER: whether the Committee had the power to
No, the House of Representatives cannot take require him to testify.
active part in the conduct of foreign relations,
particularly in entering into treaties and Identify the issues Involved and resolve them.
international agreements. As held in United SUGGESTED ANSWER:
States vs. Curtiss-Wright Export Corporation, 299 The issues involved in this case are
U.S. 304, the President alone is the the following:
representative of the nation in the conduct of 1. Whether or not the Supreme Court
foreign affairs. Although the Senate has the has jurisdiction to entertain the case;
power to concur in treaties, the President alone 2. Whether or not the Committee on
negotiates treaties and Congress is powerless to Accountability of Public Officers has the
intrude into this. However, if the matter power to investigate a matter which is
involves a treaty or an executive agreement, the involved in a case pending in court; and
House of Representatives may pass a 3. Whether or not the petitioner can invoke his
resolution expressing its views on the matter. right against self-incrimination.
Foreign Affairs; Role of Senate (1994) All these Issues were resolved in the case
No. 13: 1) Under the Constitution, what is of Bengzon vs. Senate Blue Ribbon
the role of the Senate in the conduct of Committee, 203 SCRA 767.
foreign affairs?
SUGGESTED ANSWER: The Supreme Court has jurisdiction over
The Senate plays a role in the conduct of the case (determination of grave
foreign affairs, because of the requirement in abuse of discretion)....
Section 21, Article VII of the Constitution that to be
valid and effective a treaty or international
The Committee on Accountability of Public measure if the appropriation of public funds is
Officers has no power to investigate the not its principal purpose and the appropriation is
scandal. (no judicial functions)... only incidental to some other objective.
The petitioner can invoke his right against self- Law-Making; Appropriation Law; Automatic
incrimination, because this right is available Renewal & Power of Augmentation (1998)
in all proceedings. Since the petitioner is No XI. - Suppose the President submits
a respondent in the case pending before a budget which does not contain provisions
the Sandiganbayan, he may refuse to testify. for CDF (Countrywide Development
Funds), popularly known as the pork
Law Making; Process & Publication (1993) barrel, and because of this Congress does
No. 2; Ernest Cheng, a businessman, has no not pass the budget.
knowledge of legislative procedure. Cheng 1. Will that mean paralization of government
retains you as his legal adviser and asks operations in the next fiscal year for lack of an
enlightenment on the following matters: appropriation law? (2%)
(1) When does a bill become a law even
without the signature of the President? 2. Suppose in the same budget, there is a
(2) When does the law take effect? special provision in the appropriations for the
SUGGESTED ANSWER: Armed Forces authorizing the Chief of Staff,
1) Under Section 27(1), Article VI of the AFP, subject to the approval of the Secretary of
Constitution, a bill becomes a law even without the National Defense, to use savings in the
signature of the President if he vetoed it but his veto appropriations provided thereto to cover up
was overriden by two-thirds vote of all the members whatever financial losses suffered by the AFP
of both the Senate and the House of Retirement and Separation Benefits System
Representatives and If the President failed to (RSBS) in the last five (5) years due to alleged bad
communicate his veto to the House from which the business judgment. Would you question the
bill originated, within thirty days after the date of constitutionality validity of the special
receipt of the bill by the President. provision? [3%]
SUGGESTED ANSWER:
2) As held in Tanada vs. Tuvera, 146 SCRA 1. No, the failure of Congress to pass
446, a law must be published as a condition for its the budget will not paralyze the operations
effectivity and in accordance with Article 2 of the of the Government.
Civil Code, it shall take effect fifteen days Section 25(7), Article VI of the Constitution
following the completion of its publication in the provides: "If, by the end of any fiscal year, the
Official Gazette or in a newspaper of general Congress shall have failed to pass the
circulation unless it is otherwise provided. general appropriations bill for the ensuing
(Executive Order No. 292, Revised fiscal year, the general appropriations law for the
Administrative Code of 1989) preceding fiscal year shall be deemed
reenacted and shall remain in force and effect
Law-Making; Appropriation Bill (1996) until the general appropriations bill is passed
No 5: Are the following bills filed in by the Congress.
Congress constitutional?
A bill originating from the Senate which SUGGESTED ANSWER:
provides for the creation of the Public Utility 2. Yes, the provision authorizing the Chief of
Commission to regulate public service Staff, with the approval of the Secretary of
companies and appropriating the initial funds National Defense, to use savings to cover the
needed to establish the same. Explain. losses suffered by the AFP Retirement and
SUGGESTED ANSWER: Separation Benefits System is unconstitutional.
A bill providing for the creation of the Public
Utility Commission to regulate public service Section 25(5], Article VI of the
companies and appropriating funds needed to Constitution provides:
establish it may originate from the Senate. It is not "No law shall be passed authorizing any
an appropriation bill, because the transfer of appropriations; however, the
appropriation of public funds is not the principal President, the President of the Senate, the
purpose of the bill. In Association of Small Speaker of the House of Representatives, the
Landowners of the Philippines, Inc. vs. Chief Justice of the Supreme Court, and the
Secretary of Agrarian Reform 175 SCRA 343, it was heads of Constitutional Commissions may, by law,
held that a law is not an appropriate be authorized to augment any item in the
general appropriation law for their entered into by the President. The bill contains
respective offices from savings in other the guidelines to be followed by the commission
Items of their respective appropriations." In the discharge of its functions. Explain.
SUGGESTED ANSWER:
In Philippine Constitution vs Enriquez, 235 A bill creating a joint legislative-executive
SCRA 506, 544, the Supreme Court held that a commission to give, on behalf of the Senate, its
provision in the General Appropriation Act advice, consent and concurrence to treaties
authorizing the Chief of Staff to use savings to entered into by the President. The Senate
augment the funds of the AFP Retirement and cannot delegate this function to such a
Separation Benefits Systems was commission, because under Section 21, Article VII
unconstitutional. "While Section 25(5) allows as an of the Constitution, the concurrence of at least
exception the realignment of savings to two-thirds of the Senate itself is required for the
augment items in the general appropriations law ratification of treaties.
for the executive branch, such right must and
can be exercised only by the President pursuant Law-Making; Overriding the
to a specific law." Presidential Veto (1991)
No. 2: The President signs into law the
Law-Making; Appropriation Law; Rider Appropriations Act passed by Congress but she
Provision (2001) vetoes separate items therein, among which
No VII - Suppose that the forthcoming General is a provision stating that the President
Appropriations Law for Year 2002, in the portion may not increase an item of appropriation by
pertaining to the Department of Education, transfer of savings from other items.
Culture and Sports, will contain a provision to
the effect that the Reserve Officers Training The House of Representatives chooses not
Course (ROTC) in all colleges and universities to override this veto. The Senate,
is hereby abolished, and in lieu thereof all male however, proceeds to consider two
college students shall be required to plant ten options: (1) to override the veto and (2)
(10) trees every year for two (2) years in areas to to challenge the constitutionality of the veto
be designated by the Department of before the Supreme Court.
Environment and Natural Resources in a) Is option (1) viable? If so. what is the
coordination with the Department of Education, vote required to override the veto?
Culture and Sports and the local government b) Is option (2) viable? If not. why not? If
unit concerned. It further provides that the same viable, how should the Court decide the
provision shall be incorporated In future case?
General appropriations Acts. There is no SUGGESTED ANSWER:
specific item of appropriation of funds for the (a) Option 1 is not viable in as much as the
purpose.Comment on the constitutionality of House of Representatives, from which the
said provision. (5%) Appropriations Act originated and to which the
SUGGESTED ANSWER: President must have returned the law, is
The provision is unconstitutional, because it is a unwilling to override the presidential veto. There is,
rider. Section 25(2), Article VI of the therefore, no basis for the Senate to even
Constitution provides, "No provision or consider the possibility of overriding the
enactment shall be embraced in the general President's veto. Under the Constitution the
appropriations bill unless it relates specifically to vote of two-third of all the members of the
some particular appropriation therein." The House of Representatives and the Senate,
abolition of the Reserve Officers Training voting separately, will be needed to override the
Course involves a policy matter. As held in presidential veto.
Philippine Constitution Association vs.
Enriquez, 235 SCRA 506 (1994), this cannot be (b) It is not feasible to question the
incorporated in the General Appropriations Act constitutionality of the veto before the Supreme
but must be embodied in a separate law. Court. In Gonzales vs. Macaraig, 191 SCRA
152, the Supreme Court upheld the
Law-Making; Foreign Affairs; Treaties (1996) constitutionality of a similar veto. Under Article VI,
No 5: Are the following bills filed in Sec. 27(2) of the Constitution, a distinct and
Congress constitutional? severable part of the General Appropriations act
2) A bill creating a joint legislative-executive may be the subject of a separate veto.
commission to give, on behalf of the Senate, its Moreover, the vetoed provision does not relate to
advice, consent and concurrence to treaties any particular appropriation and is more an
expression of a congressional policy in respect of (1) The contention of X Corporation should
augmentation from savings than a budgetary be rejected. Executive Orders Nos. 1, 2
provision. It is therefore an inappropriate and 14 were issued in 1986. At that time
provision and it should be treated as an item for President Corazon Aquino exercised
purposes of the veto power of the President. legislative power Section 1, Article II of
the Provisional Constitution established by
The Supreme Court should uphold the Proclamation No, 3, provided:
validity of the veto in the event the question is "Until a legislature is elected and convened
brought before it. under a new constitution, the President shall
continue to exercise legislative power."
Law-Making; Passage of a Law (1988)
No. 12: - 2. A bill upon filing by a Senator or a Likewise, Section 6, Article XVIII of the
Member of the House of Representatives goes 1987 Constitution reads:
through specified steps before it leaves the The incumbent President shall continue to
House of Representatives or the Senate, as the exercise legislative power until the
case may be. After leaving the first Congress is convened."
legislature, please name the three methods
by which said bill may become a law. In the case of Kapatiran ng mga Naglilingkod sa
SUGGESTED ANSWER: Pama-halaan ng Pilipinas. Inc. v. Tan, 163
A bill passed by Congress may become a law SCRA 371. the Supreme Court ruled that the
in any of the following cases: Provisional Constitution and the 1987
If it is signed into law by the President. (Art. VI, Constitution, both recognized the power of the
sec. 27(1)). president to exercise legislative powers until the first
Congress created under the 1987
If it is re-passed over the President's veto Constitution was convened on July 27, 1987.
by the vote of two thirds of all the members (2) Executive Orders Nos. 1, 2 and 14 are
of the House of Representatives and of not bills of attainder. ....
the Senate. (Id.)
Legislative Powers (1989)
If the President fails to veto it within thirty days No. 14: An existing law grants government
after receipt thereof and communicate employees the option to retire upon reaching the
the veto to the House from which it age of 57 years and completion of at least 30
originated, (Id.) years of total government service. As a fiscal
retrenchment measure, the Office of the
Legislative Power; Pres. Aquino’s Time President later issued a Memorandum Circular
(1990) requiring physical incapacity as an additional
No. 1; - Executive Orders Nos. 1 and 2 issued by condition for optional retirement age of 65
President Corazon C. Aquino created the years. A government employee, whose
Presidential Commission on Good Government application for optional retirement was denied
(PCGG) and empowered it to sequester any because he was below 65 years of age and
property shown prima facie to be ill-gotten was not physically incapacitated, filed an action in
wealth of the late President Marcos, his court questioning the disapproval of his
relatives and cronies. Executive Order No. 14 application claiming that the Memorandum
vests on the Sandiganbayan jurisdiction to try Circular is void. Is the contention of the
hidden wealth cases. On April 14, 1986, after employee correct? Explain.
an investigation, the PCGG sequestered the SUGGESTED ANSWER:
assets of X Corporation, Inc. Yes, the contention of the employee is correct. In
X Corporation, Inc. claimed that Marasigan vs. Cruz, 150 SCR A 1, it was held
President Aquino, as President, could that such a memorandum circular is void. By
not lawfully issue Executive Orders introducing physical capacity as an
Nos. 1, 2 and 14, which have the force additional condition for optional retirement, the
of law, on the ground that legislation is a memorandum circular tried to amend the law.
function of Congress. Decide. Such a power is lodged with the legislative
Said corporation also questioned the validity of the branch and not with the executive branch.
three executive orders on the ground that
they are bills of attainder and, Loans Extended to Members of Congress
therefore, unconstitutional. Decide. (1991)
SUGGESTED ANSWER:

No. 9: A. After 2 February 1987, the Philippine (1) To act as national board of canvassers for
National Bank (PNB) grants a loan President and Vice President. (Art. VII, sec. 4).
to Congressman X. Is the loan violative of
the Constitution? (2) To decide whether the President is
temporarily disabled in the event he
Suppose the loan had instead been granted reassumes his office after the Cabinet, by a
before 2 February 1987, but was outstanding on majority of vote of its members, declared
that date with a remaining balance on the that he is unable to discharge the powers
principal in the amount of P50,000.00, can the and duties of his office and now within five days
PNB validly give Congressman X an extension of insists that the President is really unable
time after said date to settle the obligation? to discharge the powers and duties of the
SUGGESTED ANSWER: presidency. (Art. VII, sec. 11)
A. Whether or not the loan is violative of the
1987 Constitution depends upon its purpose. If it (3) To concur in the grant of amnesty by
was obtained for a business purpose, it is the President. (Art. VII, sec. 19),
violative of the Constitution. If it was obtained
for some other purpose, e.g., for housing. It is (4) To initiate through the House of
not violative of the Constitution because under Representatives and, through the Senate, to
Section 16, Article XI. Members of Congress try all cases of impeachment against the
are prohibited from obtaining loans from President, Vice President, the Members of
government-owned banks only if it is for a the Supreme Court, the Members of the
business purpose. Constitutional Commissions and the
Ombudsman, for culpable violation of the
If the loan was granted before the effectivity of the Constitution, treason, bribery, graft and
Constitution on February 2, 1987, the corruption, other high crimes, or betrayal of
Philippine National Bank cannot extend its public trust. (Art. XI, secs. 2-3).
maturity after February 2, 1987, if the loan was
obtained for a business purpose. In such a case the (5) To act as a constituent assembly for the
extension is a financial accommodation which revision or amendment of the Constitution.
is also prohibited by the Constitution. (Art. XVII).
Multi-Party System (1999) Non-Legislative Powers; Emergency

No XIV - Discuss the merits and demerits of the Powers; Requisites (1997)
multi-party system. (2%) No. 11: During a period of national emergency.
SUGGESTED ANSWER: Congress may grant emergency powers to
A multi-party system provides voters with a the President, State the conditions under
greater choice of candidates, ideas, and which such vesture is allowed.
platforms instead of limiting their choice to two SUGGESTED ANSWER:
parties, whose ideas may be sterile. It also Under Section 23(2), Article VI of the
leaves room for deserving candidates who are Constitution. Congress may grant the President
not acceptable to those who control the two emergency powers subject to the
dominant parties to seek public office. following conditions:
(1) There is a war or other national emergency:
On the other hand, a multi-party system may (2) The grant of emergency powers must be for
make it difficult to obtain a stable and workable a limited period;
majority, since probably no party will get a (3) The grant of emergency powers is
majority. Likewise, the opposition will be subject to such restrictions as
weakened if there are several minority parties. Congress may prescribe; and
(4) The emergency powers must be exercised
Non-Legislative Powers (1988) to carry out a declared national policy.
No. 12: Legislative powers had been vested by the
Constitution in the Congress of the Prohibitions and Inhibitions of Public Office
Philippines. In addition, the Constitution also (2004)
granted the lawmaking body, non-legislative (3-a) JAR faces a dilemma: should he accept a
powers. Kindly name five of the latter. Cabinet appointment now or run later for
SUGGESTED ANSWER: Senator? Having succeeded in law practice as
Congress has the following non- well as prospered in private business where he and
legislative powers: his wife have substantial investments, he

now contemplates public service but without Assume that you are a member of the
losing the flexibility to engage in House Electoral Tribunal where the petition for
corporate affairs or participate in Brown's ouster is pending. How would you
professional activities within ethical bounds. decide the three issues raised against him?
SUGGESTED ANSWER:
Taking into account the prohibitions The first and third grounds have no merit.
and inhibitions of public office whether as But the second is well taken and, therefore,
Senator or Secretary, he turns to you for advice Brown should be disqualified.
to resolve his dilemma. What is your 1. Robert Brown is a natural born citizen of the
advice? Explain briefly. (5%) Philippines. A person born of a Filipino
SUGGESTED ANSWER: mother and an alien father before January
I shall advise JAR to run for SENATOR. As a 17, 1973, who thereafter upon reaching
Senator, he can retain his investments in his the age of majority elect Philippine
business, although he must make a full citizenship, is a citizen of the Philippines (Art.
disclosure of his business and financial IV, sec. 1(3)). Under Art. IV, sec, 2 he is also
interests and notify the Senate of a potential deemed a natural-born citizen.
conflict of interest if he authors a bill. (Section
12, Article VI of the 1987 Constitution.) He can 2. The Constitution requires, among other
continue practicing law, but he cannot things, that a candidate for member of the
personally appear as counsel before any court House of Representatives must be at least 25
of justice, the Electoral Tribunals, or quasi- years of age "on the day of the election." (Art.
judicial and other administrative bodies. VI, sec. 6). As Brown was born on May 15,
(Section 14, Article VI of the 1987 Constitution.) 1962, he did not become 25 years old until May 15,
1987. Hence on May 11, 1987, when the
As a member of the Cabinet, JAR cannot election was held, he was 4 days short of the
directly or indirectly practice law or participate in any required age.
business. He will have to divest himself of his
investments in his business. (Section 13, Article 3. The Constitution provides that those who
VII of the 1987 Constitution.) In fact, the seek either to change their citizenship or to
Constitutional prohibition imposed on members of acquire the status of an immigrant of another
the Cabinet covers both public and private office country "during their tenure" shall be dealt with by
or employment. (Civil Liberties Union v. law (Art. XI, sec. 17). The provision cannot
Executive Secretary, 194 SCRA 317) apply to Brown for the following reasons: First,
Brown is in addition an American citizen and
Qualifications; Congressmen (1988) thus has a dual citizenship which is allowed by the
No. 13: - Robert Brown was born in Hawaii on May Constitution. (Cf. Art. IV, sec. 4), Second, Brown
15, 1962, of an American father and a Filipina did not seek to acquire the status of an immigrant,
mother. On May 16, 1983 while holding an but is an American by birth under the principle
American passport, he registered as a Filipino of jus soli obtaining in the United States. Third,
with the Philippine Consulate at Honolulu, he did not seek to change his status during his
Hawaii. In September, 1983 he returned to tenure as a public officer. Fourth, the provision
the Philippines, and took up residence at of Art. XI, sec. 17 is not self-executing but
Boac, Marinduque, hometown of his mother. He requires an implementing law. Fifth, but above
registered as a voter, voted, and even participated all, the House Electoral Tribunal has no
as a leader of one of the candidates in that jurisdiction to decide this question since it
district in the 1984 Batasan elections. In the does not concern the qualification of a
elections of 1987, he ran for Congressman, and member-elect.
won. His sole opponent is now questioning his
qualifications and is trying to oust him on two Qualifications; Congressmen; (1993)
basic claims: No. 1: In 1964. Ruffa, a Filipina domestic helper
He is not a natural born Filipino citizen, but is in working in Hongkong, went to Taipei for a
fact, an American, born in Hawaii, vacation, where she met Cheng Sio Pao. whom she
an integral portion of the U.S.A., who holds married. Under Chinese Law, Ruffa
an American passport; automatically became a Chinese citizen. The
He did not meet the age requirement; and He couple resided in Hongkong, where on May 9,
has a "green card" from the U.S. 1965, Ruffa gave birth to a boy named Ernest. Upon
Government. reaching the age of majority, Ernest elected
Philippine citizenship. After the EDSA
Revolution, Ernest decided to live permanently in Philippine citizenship upon reaching the age of
the Philippines, where he prospered as a majority to be considered a natural born citizen and
businessman. During the May 11, 1993 qualified to run for Congress. Republic Act No. 6809
election, Ernest ran and won as a reduced the majority age to eighteen (18) years.
congressman. His opponent, noting Ernest's Cuenco v. Secretary of Justice, 5 SCRA 108
Chinese ancestry, filed a petition to disqualify recognized three (3) years from reaching the
the latter on the following grounds; (1) Ernest age of majority as the reasonable period for
Cheng is not a natural bom Filipino; and (2) he is electing Philippine citizenship. Since Republic Act
underaged. Decide. No. 6809 took effect in 1989 and there is no
SUGGESTED ANSWER: showing that Victor Ahmad elected Philippine
1) Ernest cannot be disqualified..... citizenship within three (3) years from the time he
reached the age of majority on December 16,
2) Ernest is not under-aged. Having been born on 199C, he is not qualified to run for Congress.
May 9, 1965, he was over twenty-five years old on
the date of the May 11, 1993 election. (Election
was held on May 11, 1992). Section 6, Article VI If he consulted me on December 16, 1991,
of the Constitution, requires congressmen to I would inform him that he should elect
be at least twenty-five years of age on the day of Philippine citizenship so that he can be
the election. considered a natural born citizen.
Qualifications; Congressmen; (1999) Separation of Powers (1988)

No III - C. Victor Ahmad was born on December No. 25: Can any other department or agency of
16, 1972 of a Filipino mother and an alien the Government review a decision of
father. Under the law of his father's country, his the Supreme Court? Why or why not?
mother did not acquire his father's SUGGESTED ANSWER:
citizenship. Victor consults you on December No. The Supreme Court is the highest arbiter of
21, 1993 and informs you of his intention to run legal questions. (Javier v. Comelec, 144 SCRA 194
for Congress in the 1995 elections. Is he (1986)) To allow review of its decision by the
qualified to run? What advice would you other departments of government would upset
give him? Would your answer be the the classic pattern of separation of powers
same if he had seen and consulted you and destroy the balance between the judiciary
on December 16, 1991 and informed you and the other departments of government.
of his desire to run for Congress in the As the Justices said in their answer to the
1992 elections? Discuss your answer. (3%) complaint for impeachment in the Committee on
FIRST ALTERNATIVE ANSWER: Justice of the House of Representatives,
C. No, Victor Ahmad is not qualified to run for "Just as it is completely unacceptable to file
Congress in the 1995 elections. Under charges against the individual members of
Section 6, Article VI of the Constitution, a Congress for the laws enacted by them upon the
member of the House of Representatives must be argument that these laws are violative of the
at least twenty-five (25) years of age on the day of Constitution, or are a betrayal of public trust, or
the election. Since he will be less than twenty-five are unjust. So too, should it be equally
(25) years of age in 1995, Victor Ahmad is not impermissible to make the individual members
qualified to run. of the Supreme Court accountable for the
court's decisions or rulings.
Under Section 2, Article IV of the Constitution,
to be deemed a natural-born citizen, Victor Separation of Powers (2003)
Ahmad must elect Philippine citizenship upon No II - A group of losing litigants in a case
reaching the age of majority. I shall advise him to decided by the Supreme Court filed a complaint
elect Philippine citizenship, if he has not yet done before the Ombudsman charging the Justices
so, and to wait until the 1998 elections. with knowingly and deliberately rendering an
unjust decision in utter violation of the penal
My answer will be the same if he consulted me laws of the land. Can the Ombudsman validly
in 1991 and informed me of his desire to run in take cognizance of the case? Explain.
the 1992 elections. SUGGESTED ANSWER:
No, the Ombudsman cannot entertain the
SECOND ALTERNATIVE ANSWER: complaint. As stated in the case of In re:
C. Under Section 2, Article IV of the Laureta. 148 SCRA 382 [1987], pursuant to the
Constitution, Victor Ahmad must have elected principle of separation of powers, the
correctness of the decisions of the Supreme Representatives for a third term. This
Court as final arbiter of all justiciable disputes is term should be included in the computation
conclusive upon all other departments of of the term limits, even if "A" did not serve
the government; the Ombudsman has no for a full term. (Record of the
power to review the decisions of the Constitutional Commission, Vol. n, p. 592.)
Supreme Court by entertaining a complaint He remained a Member of the House of
against the Justices of the Supreme Court for Representatives even if he was suspended.
knowingly rendering an unjust decision.
SECOND ALTERNATIVE ANSWER:
Article XI, Section 1 of the 1987 Constitution ARTICLE VII Executive
provides that public officers must at all times be
accountable to the people. Section 22 of the Department
Ombudsman Act provides that the Office of the
Ombudsman has the power to investigate any Appointing Power; Acting vs.
serious misconduct allegedly committed by Permanent Appointment (2003)
officials removable by impeachment for the No V - What is the nature of an "acting
purpose of filing a verified complaint for appointment" to a government office? Does
impeachment if warranted. The Ombudsman can such an appointment give the appointee the
right to claim that the appointment will, in time, ripen
entertain the complaint for this purpose.
into a permanent one? Explain.
Three-Term Limit: Congressmen (1996) SUGGESTED ANSWER:
No. 13: - X, a member of the House of According to Sevilla v. Court of Appeals. 209
Representatives, was serving his SCRA 637 [1992], an acting appointment is
third consecutive term in the House. In merely temporary. As held in Marohombsar v.
June 1996 he was appointed Secretary Alonto, 194 SCRA 390 [1991], a temporary
of National Defense. appointment cannot become a permanent
Can he run for election to the Senate in appointment, unless a new appointment which is
the 1998 elections? Explain. permanent is made. This holds true unless the
SUGGESTED ANSWER: acting appointment was made because of a
Yes, X can run for the Senate in the 1988 temporary vacancy. In such a case, the
election. Under Section 7, Article X of temporary appointee holds office until the
the Constitution, having served for assumption of office by the permanent
three consecutive terms as Member of the appointee.
House of Representatives. X is only
Appointing Power; ad interim appointments
prohibited from running for the same position.
(1991)
Three-Term Limit; Congressmen (2001) No. 3: - On 3 May 1992, while Congress is on a
No V - During his third term, "A", a Member of the short recess for the elections, the president
House of Representatives, was suspended from appoints Renato de Silva to the rank of General
office for a period of 60 days by his (4-star) in the Armed Forces. She
colleagues upon a vote of two-thirds of all the also designates him as Chief of Staff of the
Members of the House. In the next succeeding AFP. He immediately takes his oath and
election, he filed his certificate of candidacy for the assumes that office, with the rank of 4-star
same position. "B", the opposing candidate, filed an General of the AFP.
action for disqualification of "A" on the ground
that the latter's, candidacy violated Section 7. When Congress resumes its session on 17 May
Article VI of the Constitution which provides that 1992, the Commission on Appointments
no Member of the House of Representatives informs the Office of the President that it has
shall serve for more than three consecutive terms. received from her office only the appointment of De
"A" answered that he was not barred from Silva to the rank of 4-star General and that unless
running again for that position because his his appointment to the Office of the Chief of
service was interrupted by his 60- day suspension Staff of the AFP is also submitted, the Commission
which was involuntary. will not act on the matter.
Can 'A', legally continue with his candidacy or is
he already barred? Why? (5%) The President maintains that she has submitted
SUGGESTED ANSWER: to the Commission all that the Constitution calls
"A" cannot legally continue with his candidacy. for.
He was elected as Member of the House of (a) Who is correct?
(b) Did Gen. de Silva violate the Constitution in SUGGESTED ANSWER:
immediately assuming office prior to a 1) A is senior to B. In accordance with the
confirmation of his appointment? ruling in Summers vs. Ozaeta. 81 Phil. 754, the ad
(c) Are the appointment and designation valid? interim appointment extended to A is
SUGGESTED ANSWER: permanent and is effective upon his acceptance
(a) The President is correct. Under Presidential although it is subject to confirmation by the
Decree No. 360, the grade of four-star general is Commission on Appointments.
conferred only upon the Chief of Staff.
Hence, the appointment of Renato de Silva as a 2) If Congress adjourned without
four-star general must be deemed to carry with it his the appointments of A and B having
appointment as Chief of Staff of the AFP, been confirmed by the Commission on
Appointments, A cannot return to his old
(b) Gen. Renato de Silva did not violate the position. As held in Summers vs. Qzaeta,
Constitution when he immediately assumed 81 Phil. 754, by accepting an ad interim
office before the confirmation of his appointment to a new position, A waived
appointment, since his appointment was an ad his right to hold his old position. On the
interim appointment. Under Article VI I, Sec. 16 of other hand, since B did not assume the
the Constitution, such appointment is new position, he retained his old position.
immediately effective and is subject only to
disapproval by the Commission on Appointing Power; Appointments Requiring
Appointments or as a result of the next Confirmation; RA 6975-
adjournment of the Congress. Unconstitutional (2002)
No V - On December 13, 1990, the President
(c) The appointment and designation of Gen. de signed into law Republic Act No. 6975
Silva are valid for reasons given above. (subsequently amended by RA No. 8551)
However, from another point of view they are creating the Department of Interior and Local
not valid because they were made within the Government. Sections 26 and 31 of the law
period of the ban for making appointments. provide that senior officers of the Philippine
Under Article VII, Sec. 15 the President is National Police (PNP), from Senior
prohibited from making appointments within the Superintendent, Chief Superintendent, Deputy
period of two (2) months preceding the election for Director General to Director General or Chief of
President and Vice President. The PNP shall, among others, be appointed by the
appointment in this case will be made on May President subject to confirmation by the
3, 1992 which is just 8 days away from the Commission on Appointments.
election for President and Vice President on
May 11, 1992. For this reason the appointment and In 1991 the President promoted Chief
designation of Gen. de Silva are after all Superintendent Roberto Matapang and Senior
invalid. Superintendent Conrado Mahigpit to the
[Note: May 3, 1991 and May 17, 1992 are positions of Director and Chief Superintendent of
Sundays. However the Committee finds no the PNP, respectively. Their appointments were
relevance in the fact that these are holidays
in a permanent capacity. Without
and therefore decided to ignore this fact.]
undergoing confirmation by the Commission on
Appointing Power; Ad Interim Appointments Appointments, Matapang and Mahigpit took
(1994) their oath of office and assumed their
No. 16; In December 1988, while Congress was in respective positions. Thereafter, the
recess, A was extended an ad interim Department of Budget and Management
appointment as Brigadier General of the authorized disbursements for their salaries and
Philippine Army, in February 1989. When other emoluments.
Congress was in session, B was nominated as
Brigadier General of the Philippine Army. B's Juan Bantay filed a taxpayer's suit questioning
nomination was confirmed on August 5, 1989 the legality of the appointments and
while A's appointment was confirmed on disbursements made. Bantay argues that the
September 5, 1989. appointments are invalid inasmuch as the same
Who is deemed more senior of the two, A or B? have not been confirmed by the Commission on
Suppose Congress adjourned without Appointments, as required under Sections 26
the Commission on Appointments acting and 31 of R.A. No. 6975.
on both appointments, can A and B retain their
original ranks of colonel?
Determine with reasons the legality of the confirmation by the Commission on
appointments and the disbursements for Appointments are
salaries by discussing the constitutional validity of the head of executive departments,
Sections 26 and 31 of R.A. No. 6975. (5%) ambassadors,
SUGGESTED ANSWER: other public ministers and consuls,
The appointments of Matapang and Mahigpit are officers of the armed forces from the rank
valid even if they were not confirmed by the of colonel or naval captain,
Commission on Appointments, because they are and other officials whose appointments are
not among the public officials whose vested in the President by the Constitution.
appointments are required to be confirmed by
the first sentence of Article VII, Section 16 of Appointing Power; Kinds of
the Constitution. According to Manalo v. Appointments (1994)
Sistoza, 312 SCRA 239 (1999), Sections 26 and When is an appointment in the civil service
31 of Republic Act 6975 are permanent?
unconstitutional, because Congress cannot by Distinguish between an "appointment in an
law expand the list of public officials required to be acting capacity" extended by a Department
confirmed by the Commission on Secretary from an ad interim appointment
Appointments. Since the appointments of extended by the President.
Matapang and Mahigpit are valid, the Distinguish between a provisional and
disbursements of their salaries and emoluments are a temporary appointment.
valid. SUGGESTED ANSWER:
1) Under Section 25(a) of the Civil Service
Appointing Power; Categories of Officials Decree, an appointment in the civil service is
(1999) PERMANENT when issued to a person who
A. 1.) What are the six categories meets all the requirements for the position to
of officials who are subject to the which he is being appointed, including the
appointing power of the President? (2%) appropriate eligibility prescribed, in accordance with
the provisions of law, rules and standards
2.) Name the category or categories of
promulgated in pursuance thereof.
officials whose appointments need confirmation by
the Commission on Appointments? (2%) 2) An appointment in an ACTING CAPACITY
extended by a Department Secretary is not
SUGGESTED ANSWER: permanent but temporary. Hence, the
Under Section 16, Article VII of the Constitution, Department Secretary may terminate the
the six categories of officials who are subject to services of the appointee at any time. On the
the appointing power of the President are other hand, an AD INTERIM APPOINTMENT
the following: extended by the President is an appointment
1. Head of executive departments; which is subject to confirmation by the
2. Ambassadors, other public ministers and Commission on Appointments and was made
consuls; during the recess of Congress. As held in
3. Officers of the armed forces from the Summers vs. Qzaeta, 81 Phil. 754, an ad
rank of colonel or naval captain; interim appointment is permanent.
4. Other officers whose appointments are
vested in him by the Constitution; 3) In Section 24 (d) of the Civil Service Act of
5. All other officers of the government 1959, a TEMPORARY APPOINTMENT is one
whose appointments are not otherwise issued to a person to a position needed only for a
provided by law; and limited period not exceeding six months.
6. Those whom he may be authorized by law Under Section 25(b) of the Civil Service
to appoint. (Cruz, Philippine Political Law, Decree, a temporary appointment is one issued to a
1998 ed., pp. 204-205) person who meets all the requirements for the
(It is suggested that if the examinee followed the position to which he is being appointed except
classification in Sarmiento v. Mison, 156 SCRA 549
and named only four categories, because he the appropriate civil service eligibility because of
combined the first three categories into one, he be the absence of appropriate eligibles and it is
given full credit.) necessary in the public Interest to fill the
vacancy.
2.) According to Sarmiento v. Mison, 156 SCRA
549, the only officers whose appointments need On the other hand. Section 24(e) of the Civil
Service Act of 1959 defined a PROVISIONAL
APPOINTMENT as one Issued upon the prior to be finished in not more than six months but
authorization of the Civil Service Commission in because the interest of the service requires that
accordance with its provisions and the rules and certain work be done by a regular employee,
standards promulgated in pursuance thereto only that no one with appropriate eligibility can
to a person who has not qualified in an appropriate be appointed to it. Hence, any other eligible
examination but who otherwise meets the may be appointed to do such work in the
requirements for appointment to a regular meantime that a suitable eligible does not
position in the competitive service, whenever qualify for the position.
a vacancy occurs and the filling thereof is
necessary in the interest of the service and To be more precise, a provisional appointment
there is no appropriate register of eligibles at the may be extended only to a person who has not
time of appointment. qualified in an appropriate examination but who
otherwise meets the requirements for
Provisional appointments in general appointment to a regular position in the
have already been abolished by Republic competitive service, meaning one who must any
Act 6040. However, it still applies with regard way be a civil service eligible.
to teachers under the Magna Carta for
Public School Teachers. In the case of a temporary appointment, all that the
ALTERNATIVE ANSWER: law enjoins is that "preference in filling such position
The case of Regis vs. Osmena, 197 SCRA 308, be given to persons on appropriate eligible
laid down the distinction between a lists." Merely giving preference presupposes
provisional and a temporary appointment. that even a non-eligible may be appointed.
Under the law, even if the appointee has the
A PROVISIONAL APPOINTMENT is extended to required civil service eligibility, his appointment
a person who has not qualified in an is still temporary simply because such is the
appropriate examination but who otherwise nature of the work to be done.
meets the requirements for appointment to a NOTE: Since provisional appointments have
regular position in the competitive service already been abolished examinees should
whenever a vacancy occurs and the filling be given full credit for whatever answer they
may or may not give.
thereof is necessary in the interest of the
service and there is no appropriate register of Appointing Power; Limitations on
eligible at the time of the appointment. On the
Presidential Appointments (1997)
other hand, a TEMPORARY APPOINTMENT No. 7: A month before a forthcoming election,
given to a non-civil service eligible is without a "A" one of the incumbent Commissioners of the
definite tenure and is dependent on the COMELEC, died while in office and "B", another
pleasure of the appointing power. Commissioner, suffered a severe stroke. In
view of the proximity of the elections and to
A provisional appointment is good only until
avoid paralyzation in the COMELEC, the
replacement by a civil service eligible and in no President who was not running for any office,
case beyond 30 days from date of receipt appointed Commissioner C of the Commission
by the appointing officer of the certificate on Audit, who was not a lawyer but a certified
of eligibility. (Sec. 24 [c|. Republic Act 2260). public accountant by profession, ad interim
Commissioner to succeed Commissioner A and
A provisional appointment contemplates a
designated by way of a temporary measure.
different situation from that of a temporary
Associate Justice D of the Court of Appeals as
appointment. Whereas a temporary
acting Associate Commissioner during the
appointment is designed to fill a position
absence of Commissioner B.
needed only for a limited period not exceeding
six (6) months, a provisional appointment, on Did the President do the right thing in extending
the other hand, is intended for the contingency that such ad interim appointment in favor of
"a vacancy occurs and the filling thereof is Commissioner C and designating Justice D
necessary in the interest of the service and acting Commissioner of the COMELEC?
there is no appropriate register of eligibles at SUGGESTED ANSWER:
the time of the appointment." No. The President was wrong in extending an
ad interim appointment in favor of
In other words, the reason for extending a
Commissioner C. In Summers vs. Ozaeta, 81
provisional appointment is not because there is an
Phil. 754, it was held that an ad interim
occasional work to be done and is expected appointment is a permanent appointment.
Under Section 15, Article VII of the Constitution, adjournment of Congress. A temporary or
within two months immediately before the acting appointee does not enjoy any security of
next presidential elections and up to the tenure, no matter how briefly. (Matibag
end of his term, the President cannot make v. Benipayo, G.R. No. 149036, April 2, 2002)
permanent appointments. ALTERNATIVE ANSWER:
The designation of Justice D as acting An ad interim appointment is a
Associate Commissioner is also invalid. Section permanent appointment and does not violate
1(2). Article IX-C of the Constitution prohibits the Section 1(2), Article IX-C of the Constitution.
designation of any Commissioner of the (Pamantasan ng Lungsod ng Maynila v.
COMELEC in a temporary or acting capacity. IAC, G.R. No. L- 65439, November 13,1985)
Section 12, Article VIII of the Constitution
prohibits the designation of any member of the (b) Assuming the legality of the first ad
Judiciary to any agency performing quasi- interim appointment and assumption of
judicial or administrative functions. office by Santos, were his second ad
interim appointment and subsequent
Appointing Powers; Ad Interim assumption of office to the same
Appointments (Q4-2005) position violations of the prohibition on
(1) In March 2001, while Congress was reappointment under Section 1(2),
adjourned, the President appointed Santos Article IX-C of the Constitution?
as Chairman of the COMELEC. Santos SUGGESTED ANSWER:
immediately took his oath and assumed No, the second ad interim appointment and
office. While his appointment was promptly subsequent assumption of office does not
submitted to the Commission on violate the Constitution. The prohibition on
Appointments for confirmation, it was not reappointment in Section 1(2), Article IX-C of
acted upon and Congress again adjourned. In the Constitution does not apply to by-passed ad
June 2001, the President extended a second interim appointments. It can be revived by a
ad interim appointment to Santos for the new ad interim appointment because there is no
same position with the same term, and this final disapproval under Section 16, Article VII of
appointment was again submitted to the the Constitution, and such new appointment
Commission on Appointments for will not result in the appointee serving
confirmation. Santos took his oath anew and beyond the fixed term of seven years. The
performed the functions of his office. phrase "without reappointment" applies only to
one who has been appointed by the President
Reyes, a political rival, filed a suit assailing and confirmed by the Commission on Appointments,
certain orders issued by Santos. He whether or not such person completes his term
also questioned the validity of of office. To hold otherwise will lead to
Santos' appointment. Resolve the absurdities and negate the President's
following issues: (5%) power to make ad interim appointments.
(Matibag v. Benipayo, G.R. No. 149036, April 2,
(a) Does Santos' assumption of office on 2002)
the basis of the ad interim appointments
issued by the President amount to a Cabinet Members; limitation on accepting
temporary appointment which additional duties (1996)
is prohibited by Section 1(2), Article 1996 No. 7: Can the Secretary of Finance be
IX-C of the Constitution? elected Chairman of the Board of Directors of
ALTERNATIVE ANSWER: the San Miguel Corporation? Explain.
No, Santos' appointment does not amount to a SUGGESTED ANSWER:
temporary appointment. An ad interim No, the Secretary of Finance cannot be elected
appointment is a permanent appointment Chairman of the Board of Directors of the San
because it takes effect immediately and can no Miguel Corporation. Under Section 13, Article VII
longer be withdrawn by the President once the of the Constitution, members of the Cabinet cannot
appointee has qualified into office. The fact that it is hold any other office or employment during their
subject to confirmation by the Commission on tenure unless it is otherwise provided in the
Appointments does not alter its permanent Constitution. They shall not also during said
character. The Constitution itself makes an ad tenure participate in any business or be
interim appointment permanent in character by financially interested in any contract with, or in
making it effective until disapproved by the any franchise, or special privilege granted by the
Commission on Appointments or until the next Government or any

subdivision, agency or instrumentality 7. A crime committed during the state
thereof, including government-owned or of calamity will be considered
controlled corporations or their subsidiaries. aggravated under Art. 14, par. 7 of the
They shall strictly avoid conflict of interest in Revised Penal Code.
the conduct of their office.
Declaration; State of National Emergency
Calling-out Power; President (Q1-2006) (Q1-2006)
1. What do you mean by the "Calling-out 2. On February 24, 2006, President Gloria
Power" of the President under Section Macapagal-Arroyo issued Proclamation
18, Article VII of the Constitution? (5%) No. 1017 declaring a state of national
SUGGESTED ANSWER: emergency. Is this Proclamation constitu-
Under Article VII, Sec. 18 of the tional? Explain. (2.5%)
1987 Constitution, whenever it becomes SUGGESTED ANSWER:
necessary, the President, as Commander- The proclamation is constitutional insofar as
in-Chief, may call out the armed forces it constitutes a call by the President for the
to aid him in preventing or suppressing AFP to prevent or suppress lawless violence
lawless violence, invasion or rebellion (David as this is sustained by Section 18, Article
v. Arroyo, G.R. No. 171396, May 3, 2006). VII of the Constitution.
Declaration; State of Calamity; Legal Effects However, PP 1017's provisions giving the
(Q1-2005) President express or implied power (1) to issue
(b) To give the much needed help to the decrees; (2) to direct the AFP to enforce
Province of Aurora which was devastated by obedience to all laws even those not related to
typhoons and torrential rains, the President lawless violence as well as decrees
declared it in a "state of calamity." Give at least four promulgated by the President; and (3) to
(4) legal effects of such declaration. (4%) impose standards on media or any form of prior
SUGGESTED ANSWER: restraint on the press, are ultra vires and
Declaration of a state of calamity produces, unconstitutional. Likewise, under Section 17,
inter alia, these legal effects within the Province Article XII of the Constitution, the President, in
of Aurora — the absence of legislation, cannot take over
1. Automatic Price Control — under R.A. privately-owned public utilities and businesses
No. 7581, The Price Act; affected with the public interest (David v.
2. Authorization for the importation of Arroyo, G.R. No. 171396, May 3, 2006).
rice under R.A. No. 8178, The
Agricultural Tarrification Act; 3. During the effectivity of this Proclamation,
3. Automatic appropriation under R.A. Gener, Lito and Bong were arrested by
No. 7160 is available for the police for acts of terrorism. Is the
unforeseen expenditures arising from the arrest legal? Explain. (2.5%)
occurrence of calamities in areas declared SUGGESTED ANSWER:
to be in a state of calamity; The arrest, apparently done without a valid
4. Local government units may enact warrant, is illegal. However, a warrantless
a supplemental budget for supplies arrest would be valid if those accused are
and materials or payment of services to caught committing crimes en flagrante delicto.
prevent danger to or loss of life or On the other hand, if the arrest is made
property, under R.A. No. 7160; pursuant to a valid warrant, then it is lawful. The
5. Entitlement to hazard allowance for Public term "acts of terrorism" has not been legally
Health Workers (under R.A. No. 7305, defined and made punishable by Congress. No law
Magna Carta for Public Health Workers), has been enacted to guide the law
who shall be compensated hazard enforcement agents, and eventually the courts, to
allowances equivalent to at least twenty-five determine the limits in making arrests for the
percent (25%) of the monthly basic salary of commission of said acts of terrorism (David v.
health workers receiving salary grade 19 Arroyo, G.R. No. 171396, May 3, 2006).
and below, and five percent (5%) for health Enter into Contract or Guarantee Foreign
workers with salary grade 20 and above; Loans (1994)
6. Entitlement to hazard allowance for science No. 13: The President of the Philippines
and technological personnel of authorized the Secretary of Public Works and
the government under R.A. No. 8439; and Highways to negotiate and sign a loan
agreement with the German Government for
the construction of a dam. The Senate, by No I - What are the limitations/restrictions
a resolution, asked that the agreement provided by the Constitution on the power of
be submitted to it for ratification. The Congress to authorize the President to fix tariff
Secretary of Foreign Affairs advised the rates, import and export quotas, tonnage and
Secretary of Public Works and Highways wharfage dues. Explain. (2%)
not to comply with the request of the Senate. SUGGESTED ANSWER:
2) Is the President bound to submit According to Section 28(2), Article VI of the
the agreement to the Senate for ratification? Constitution, Congress may, by law, authorize
SUGGESTED ANSWER: the President to fix within specified limits, and
No, the President is not bound to submit subject to such limitations and restrictions it may
the agreement to the Senate for ratification. impose, tariff rates, import and export quotas,
Under Section 20, Article VII of the tonnage and wharfage dues and other duties or
Constitution, only the prior concurrence of the imposts within the framework of the national
Monetary Board is required for the President development program of the Government.
to contract foreign loans on behalf of
the Republic of the Philippines.
Martial Law & Suspension of Writ of Habeas
Enter into Contract or Guarantee Foreign Corpus (1987)
Loans (1999) No. XVII: One of the features of the government
No I - What are the restrictions prescribed established under the 1987 Constitution is the
by the Constitution on the power of the restoration of the principle of checks and
President to contract or guarantee foreign balances. This is especially noteworthy in the
loans on behalf of the Republic of the Commander-in-Chief powers of the President
Philippines? Explain. (2%) which substantially affects what was styled
SUGGESTED ANSWER: under the past dispensation as the "calibrated
Under Section 20, Article VII of the Constitution, the response" to national emergencies, (a) Discuss
power of the President to contract or fully the provisions of the 1987 Constitution,
guarantee loans on behalf of the Republic of giving the scope, limits and the role of the
the Philippines is subject to the prior principle of checks and balances on the President's
concurrence of the Monetary Board and subject to exercise of the power:
such limitations as may be prescribed by law. To suspend the privilege of the writ
of habeas corpus
Enter into Executive Agreements (2003) Proclamation of martial law.
No XX - An Executive Agreement was executed
between the Philippines and a neighboring (b) Considering the pressing problems of
State. The Senate of the Philippines took it insurgency, rebel activities, liberation
upon itself to procure a certified true copy of the movements and terrorist violence, which in your
Executive Agreement and, after deliberating on it, considered opinion among the options available to
declared, by a unanimous vote, that the the President as Commander-in-Chief would be
agreement was both unwise and against the the most effective in meeting the
best interest of the country. Is the Executive emergencies by the nation? Explain.
Agreement binding (a) from the standpoint of SUGGESTED ANSWER:
Philippine law and (b) from the standpoint of (a) The President's power to suspend the
international law? Explain privilege of the writ of habeas corpus and to
SUGGESTED ANSWER: proclaim martial law is subject to several
(a) From the standpoint of Philippine law, the checks by Congress and by the Supreme
Executive Agreement is binding. According to Court. The President is required to report to
Commissioner of Customs v. Eastern Sea Congress within 48 hours his action in declaring
Trading. 3 SCRA 351 [1961], the President can martial law or suspending the privilege of the
enter into an Executive Agreement without the writ, and Congress is in turn required to
necessity of concurrence by the Senate. convene, if it is not in session, within 24 hours
following the proclamation of martial law or the
(b) The Executive Agreement is also binding suspension of the privilege without need of any call,
from the standpoint of international law... in accordance with its rules. The
proclamation of martial law or suspension of the writ
Impose Tariff Rates, Import and is effective for 60 days only, but Congress can cut
Export Quotas (1999) short its effectivity by revoking the
proclamation by the vote of at least a majority of
all its members, voting, jointly. Any extension of movements, and terrorism is to simply call
the proclamation of martial law or suspension of out the armed forces for the following reasons:
the writ can only be granted by Congress which 1) the exigencies to be met are not solely
will determine also the period of those caused by invasion or rebellion
such extension. but terrorism and other crimes.
2) Suspension of the privilege will only be for
On the other hand, the Supreme Court a limited period and then the period of
exercises a check on Executive action in the retention is limited to 3 days which may not
form of judicial review at the instance of any really be effective. On the other
citizen. The Constitution embodies in this hand, public criticism of the action
respect the ruling in Garcia v. Lansang, 42 may only erode the President's authority.
SCRA 448 (1971) that the Court can determine the 3) There is practically little difference, as far
sufficiency of the factual basis of the as the ability of the President to meet an
proclamation of martial law or the suspension of the emergency is concerned, between option 1,
privilege or the extension thereof not for the on the other hand, the options 2 and 3.
purpose of supplanting the judgment of the
President but to determine whether the latter did The President may well take comfort in the
not act arbitrarily. Indeed, Art. VIII, Sec. 1 following thought: "Government of limited power
imposes upon the courts the duty of need not be anemic government. Assurance
determining whether or not there has been that rights are secure tends to diminish fear and
grave abuse of discretion amounting to lack or jealousy of strong government, and, by making
excess of jurisdiction on the part of the other us feel safe to live under it makes for its better
branches of the government, in this case, the support." (West Vs. State Brd. of Educ.
President. v. Barnette, 319 U.S. 624 (1943))
The President cannot, by means of the Martial Law; Limitations (2000)
proclamation of martial law, suspend the No XVII. Declaring a rebellion, hostile
Constitution or supplant the courts and the groups have opened and maintained armed
legislature. Neither can he authorize the trial of conflicts on the Islands of Sulu and Basilan.
civilians by military tribunals so long as courts a) To quell this, can the President place under
are open and functioning, thus overruling the martial law the islands of Sulu and Basilan?
case of Aquino v. Military Commission No. 2, 63 Give your reasons? (3%)
SCRA 546 (1975). His proclamation of martial b) What are the constitutional safeguards on
law does not carry with it the suspension of the writ the exercise of the President's power to
of habeas corpus, so that the decision on proclaim martial law? (2%)
Aquino v. Ponce Enrile, 59 SCRA 183 (1973) is now SUGGESTED ANSWER:
overruled. Nor does the suspension of the writ a) If public safety requires it, the President
deprive courts of their power to admit can place Sulu and Basilan under martial law
persons to bail, where proper. The Constitution thus since there is an actual rebellion. Under Section 18,
overrules the cases of Garcia-Padilla v. Ponce Article VII of the Constitution, the President can
Enrile, 121 SCRA 472 (1983) and Morales v. place any part of the Philippines under martial
Ponce Enrile. 121 SCRA 538 (1983). law in case of rebellion, when public safety
requires it.
(b) The President has three options: (1) TO
CALL OUT the armed forces to prevent b) The following are the
or suppress lawless violence, invasion constitutional safeguards on the exercise of the
or rebellion; (2) TO SUSPEND the privilege of power of the President to proclaim martial law:
the writ of habeas corpus or (3) TO a) There must be actual invasion or rebellion;
PROCLAIM martial law. The last two b) The duration of the proclamation shall not
options can be resorted to only in cases of exceed sixty days:
invasion or rebellion when public safety c) Within forty-eight hours, the President shall
requires either the supension of the report his action to Congress. If Congress
privilege or the proclamation of martial law. is not in session, it must convene within
twenty-four hours;
It is submitted that the most effective means of d) Congress may by majority vote of all its
meeting the current emergency which is members voting Jointly revoke
brought about by rebellion, liberation the proclamation, and the President cannot
set aside the revocation;
e) By the same vote and in the same manner, suspend the privilege of the writ of habeas
upon Initiative of the President, corpus and the power to impose martial law
Congress may extend the proclamation If involve the curtailment and suppression of
the invasion or rebellion continues and certain basic civil rights and individual
public safety requires the extension; freedoms, and thus necessitate safeguards by
f) The Supreme Court may review the factual Congress and review by the Supreme Court
sufficiency of the proclamation, and (IBP v. Zamora, G.R. No. 141284, August 15,
the Supreme Court must decide the case 2000).
within thirty days from the time it was filed;
g) Martial law does not automatically suspend 3. The Solicitor General argues that, in any
the privilege of the writ of habeas corpus or event, the determination of whether the
the operation of the Constitution. rebellion poses danger to public safety
h) It does not supplant the functioning of involves a question of fact and the
the civil courts and of Congress. Military Supreme Court is not a trier of facts. What
courts have no Jurisdiction over civilians should be the ruling of the Court? (2.5%)
where civil courts are able to SUGGESTED ANSWER:
function. (Cruz, Philippine Political Law, Judicial power includes the duty of the courts of
1995 ed., pp. 213- 214.) justice to settle actual controversies involving
rights which are legally demandable and
Martial Law; Sufficiency of the Factual Basis enforceable, and to determine whether or not
(Q3-2006) there has been a grave abuse of discretion
The President issued a Proclamation No. 1018 amounting to lack or excess of jurisdiction on
placing the Philippines under Martial Law on the the part of any branch or instrumentality of the
ground that a rebellion staged by lawless Government (Art. Vin, Sec. 1, par. 2,1987
elements is endangering the public safety. Constitution). When the grant of power is
Pursuant to the Proclamation, suspected rebels qualified, conditional or subject to limitations, the
were arrested and detained and military issue of whether the prescribed
tribunals were set up to try them. Robert dela qualifications or conditions have been met or the
Cruz, a citizen, filed with the Supreme Court a limitations respected, is justiciable — the
petition questioning the validity of Proclamation No. problem being one of legality or validity, not its
1018. wisdom.
1. Does Robert have a standing to challenge
Proclamation No. 1018? Explain. (2.5%) Article VII, Section 18 of the 1987 Constitution
SUGGESTED ANSWER: specifically grants the Supreme Court the
Yes, Robert has standing. Under Article VIII, power to review, in an appropriate proceeding
Section 17 of the 1987 Constitution, the filed by any citizen, the sufficiency of the factual
Supreme Court may review, in an appropriate basis of the proclamation of martial law. Thus,
proceeding filed by any citizen, the sufficiency of in the matter of such declaration, two conditions
the factual basis of the proclamation of must concur: (1) there must be an actual
martial law. As citizen therefore, Robert may file the invasion or rebellion; and (2) public safety must
petition questioning Proclamation No. 1018. require it. The Supreme Court cannot renege on
its constitutional duty to determine whether or
2. In the same suit, the Solicitor General not the said factual conditions exist (IBP v.
contends that under the Constitution, the Zamora, G.R. No. 141284, August 15, 2000).
President as Commander-in-Chief,
determines whether the exigency has 4. Finally, the Solicitor General maintains
arisen requiring the exercise of his power that the President reported to Congress
to declare Martial Law and that his such proclamation of Martial Law, but
determination is conclusive upon the Congress did not revoke the proclamation.
courts. How should the Supreme Court What is the effect of the inaction of
rule? (2.5%) Congress on the suit brought by Robert to
SUGGESTED ANSWER: the Supreme Court? (2.5%)
The Supreme Court should rule that his deter- SUGGESTED ANSWER:
mination is not conclusive upon the courts. The The inaction of Congress has no effect on the
1987 Constitution allows a citizen, in an suit brought by Robert to the Supreme Court as
appropriate proceeding, to file a petition Article VIII, Section 18 provides for checks on
questioning the sufficiency of the factual basis of the President's power to declare martial law to
said proclamation. Moreover, the power to be exercised separately by Congress and the

Supreme Court. Under said provision, the
duration of martial law shall not exceed sixty 4. No, the accused cannot avail of the benefits
days but Congress has the power to revoke the of amnesty if he continues to profess
proclamation or extend the period. On the other his innocence. In Vera vs. People, 7 SCRA
hand, the Supreme Court has the power to 152. since amnesty presupposes the
review the said proclamation and promulgate its commission of a crime. It is inconsistent for
decision thereon within thirty days from its filing an accused to seek forgiveness for something
(Article VIII, Section 18). which he claims he has not committed.
Pardoning Power; Amnesty (1993) Pardoning Power; Breach of Condition;

No 20: - The National Unification Commission Revocation (Q5-2005)
has recommended the grant of absolute and (1) Bruno still had several years to serve on his
unconditional amnesty to all rebels. There is the sentence when he was conditionally
view that it is not necessary for the rebels to pardoned by the President. Among the
admit the commission of the crime charged, it conditions imposed was that he would "not
being enough that the offense falls within the again violate any of the penal laws of the
scope of the amnesty proclamation following the Philippines." Bruno accepted all of the
doctrine laid down in Barrioquinto vs. conditions and was released. Shortly
Fernandez, 82 Phil. 642. In other words, thereafter, Bruno was charged with 2
admission of guilt is not a condition sine qua counts of estafa. He was then incarcerated to
non for the availment of amnesty. Is this serve the i expired portion of his
correct? Explain. sentence following the revocation by the
SUGGESTED ANSWER: President of the pardon.
The view that it is not necessary for rebels to
admit the commission of the crime charged in Bruno's family filed a petition for habeas
order to avail themselves of the benefits of corpus, alleging that it was error to have
amnesty is not correct. As stated in Vera v. him recommitted as the charges were false, in
People, 7 SCRA 156, the doctrine laid down in fact, half of them were already dismissed.
Borrioquinto vs. Fernandez, 82 Phil. 642 has Resolve the petition with reasons. (4%)
been overturned. Amnesty presupposes the SUGGESTED ANSWER:
commission of a crime. It is inconsistent for The petition should not be given due course.
someone to seek for forgiveness for a crime The grant of pardon and the determination of
which he denies having committed. (People vs. the terms and conditions of a conditional
Pasilan, 14 SCRA 694). pardon are PURELY EXECUTIVE ACTS which are
not subject to judicial scrutiny. The
Pardoning Power; Amnesty (1995) acceptance thereof by the convict or prisoner
No. 5: Lucas, a ranking member of the NDF, carried with it the authority or power of the
was captured by policemen while about to Executive to determine whether a condition or
board a passenger bus bound for Sorsogon. conditions of the pardon has or have been
Charged with rebellion he pleaded not guilty violated. Where the President opts to revoke the
when arraigned. Before trial he was granted conditional pardon given, no judicial
absolute pardon by the President to allow him pronouncement of guilt of a subsequent crime is
to participate in the peace talks between the necessary, much less conviction therefor by final
government and the communist rebels. judgment of a court, in order that a convict may be
recommended for the violation of his conditional
3. Instead of a pardon, may the President grant the pardon. The determination of the occurrence of
accused amnesty if favorably recommended by the a breach of a condition of a pardon, and the
National Amnesty Commission? Explain. proper consequences of such breach, is a purely
executive act, not subject to judicial scrutiny.
4. May the accused avail of the benefits (Torres v. Gonzales, G.R. No. 76872, July 23,
of amnesty despite the fact the he 1987)
continued to profess innocence? Explain.
SUGGESTED ANSWER: Pardoning Power; Exec Clemency;
3. The President may grant the accused Pardon (1995)
amnesty. According to Barrioquinto No. 5: Lucas, a ranking member of the NDF,
vs. Fernandez, 82 Phil. 642, Amnesty was captured by policemen while about to
may be granted before or after the board a passenger bus bound for Sorsogon.
institution of the criminal prosecution. Charged with rebellion he pleaded not guilty

when arraigned. Before trial he was granted in criminal cases, it would have been
absolute pardon by the President to allow him unnecessary to exclude impeachment cases
to participate in the peace talks between the from this scope. If the President can grant
government and the communist rebels. pardons in criminal cases, with more reason he can
(1) Is the pardon of the President valid? grant executive clemency in administrative cases,
Explain. which are less serious.
(2) Assuming that the pardon is valid, can
Lucas reject it? Explain. Pardoning Power; Executive Clemency
SUGGESTED ANSWER: (1999)
1. The pardon is not valid. Under Section A. What are the constitutional limitations on the
19, Article VII of the 1987 Constitution, pardon pardoning power of the President? (2%)
may be granted only after conviction
by final Judgment. B. Distinguish between pardon and
2. Yes, Lucas can reject the pardon As held in amnesty. (2%)
United States vs. Wilson, 7 Pet. 150 and SUGGESTED ANSWER:
Burdick vs. United States, 274 U.S. 480. A. The following are the limitations on
acceptance is essential to complete the pardon and the pardoning power of the President.
the pardon may be rejected by the person to whom 1) It cannot be granted in cases of
it is tendered, for it may inflict consequences impeachment;
of greater disgrace than those from which it 2) Reprieves, commutations, pardon,
purports to relieve. and remission of fines and forfeitures
ALTERNATIVE ANSWER: can be granted only after conviction
No, Lucas cannot reject the pardon. by final judgment.
According to Biddle vs. Perovich, 274 3) The favorable recommendation of the
U.S. 480, acceptance is not necessary, for COMELEC is required for violation of
the grant of pardon involves a election laws, rules and regulations.
determination by the President that
public welfare will be better served by B. According to Barrioquinto v. Fernandez, 82
inflicting less than what the judgment fixed. Phil. 642, the following are the
distinctions between pardon and amnesty.
Pardoning Power; Executive Clemency 1. Pardon is a private act and must be
(1997) pleaded and proved by the person
No. 15; Governor A was charged pardoned; while amnesty is a public act of
administratively with oppression and was which courts take judicial notice;
placed under preventive suspension from office 2. Pardon does not require the concurrence of
during the pendency of his case. Found guilty of the Congress, while amnesty requires
charge, the President suspended him from office the concurrence of Congress;
for ninety days. Later, the President granted 3. Pardon is granted to individuals,
him clemency by reducing the period of his while amnesty is granted to classes of
suspension to the period he has already served. persons or communities;
The Vice Governor questioned the validity of 4. Pardon may be granted for any offense,
the exercise of executive clemency on the while amnesty is granted for
ground that it could be granted only in criminal, political offenses;
not administrative, cases. 5. Pardon is granted after final
How should the question be resolved? conviction, while amnesty may be granted
SUGGESTED ANSWER: at any time; and
The argument of the Vice Governor should be 6. Pardon looks forward and relieves the
rejected. As held in Llamas vs. Orbos, 202 offender from the consequences of his
SCRA 844. the power of executive clemency offense, while amnesty looks backward and the
extends to administrative cases. In granting the person granted it stands before the law as
power of executive clemency upon the though he had committed no offense.
President, Section 19, Article VII of the
Constitution does not distinguish between Pardoning Power; Kinds (1988)
criminal and administrative cases. Section 19, No. 24: The first paragraph of Section 19 of
Article VII of the Constitution excludes Article VII of the Constitution providing for the
impeachment cases, which are not criminal pardoning power of the President, mentions
cases, from the scope of the power of executive reprieve, commutation, and pardon. Please
clemency. If this power may be exercised only

define the three of them, and differentiate No. 7: Can the President take active part in the
one from the others. legislative process? Explain.
The terms were defined and distinguished from Yes, The President can take active part in the
one another in People v. Vera, 65 Phil. 56, 111- legislative process to the extent allowed by the
112 (1930), as follows: Constitution. He can address Congress at any time
(1) REPRIEVE is a postponement of the to propose the enactment of certain laws. He
execution of a sentence to a day certain, recommends the general appropriations bill. He
(2) COMMUTATION is a remission of a part of can call a special session of Congress at any
the punishment, a substitution of less time. He can certify to the necessity of the
penalty for the one originally imposed. immediate enactment of a bill to meet a public
(3) A PARDON, on the other hand, is an act of calamity or emergency. He can veto a bill.
grace, proceeding from the power entrusted
with the execution of the laws which Presidential Immunity from Suit (1997)
exempts the individual on whom it is No. 13: Upon complaint of the incumbent
bestowed from the punishment the President of the Republic, "A" was charged with libel
law inflicts for a crime he has committed. before the Regional Trial Court. "A" moved to
dismiss the information on the ground that the
Pardoning Power; Pardon, Conditional Court had no jurisdiction over the offense
(1997) charged because the President, being immune
No. 16; A while serving imprisonment for estafa. from suit, should also be disqualified from filing a
upon recommendation of the Board of Pardons and case against "A" in court.
Parole, was granted pardon by the Resolve the motion.
President on condition that he should not again SUGGESTED ANSWER:
violate any penal law of the land. Later, the The motion should be denied according to
Board of Pardons and Parole recommended to the Soliven us. Makasiar, 167 SCRA 393, the
President the cancellation of the pardon granted immunity of the President from suit is personal to
him because A had been charged with estafa on the President. It may be invoked by the
20 counts and was convicted of the offense President only and not by any other person.
charged although he took an appeal therefrom
which was still pending. As Prohibition Against Multiple Positions
recommended, the President canceled the & Additional Compensation (2002)
pardon he had granted to A. A was thus No VI. M is the Secretary of the Department of
arrested and imprisoned to serve the balance of his Finance. He is also an ex-officio member of the
sentence in the first case. A claimed in his Monetary Board of the Bangko Sentral
petition for habeas corpus filed in court that his ng Pilipinas from which he receives an
detention was illegal because he had not yet additional compensation for every
been convicted by final judgment and was not Board meeting attended.
given a chance to be heard before he was
recommitted to prison. N, a taxpayer, filed a suit in court to declare
Is A's argument valid? Secretary M's membership in the Monetary
SUGGESTED ANSWER: Board and his receipt of additional
The argument of A is not valid. As held in compensation illegal and in violation of the
Torres vs. Gonzales. 152 SCRA 272 a judicial Constitution. N invoked Article VII, Section 13 of the
pronouncement that a convict who was granted a Constitution which provides that the
pardon subject to the condition that he should not President, Vice-President, the Members of the
again violate any penal law is not necessary before Cabinet, and their deputies or assistants shall
he can be declared to have violated the condition of not, unless otherwise provided in the
his pardon. Moreover, a hearing is not necessary Constitution, hold any other office or
before A can be recommitted to prison. By employment during their tenure. N also cited
accepting the conditional pardon, A, agreed that Article IX-B, Section 8 of the Constitution, which
the determination by the President that he provides that no elective or appointive public
violated the condition of his pardon shall be officer or employee shall receive additional,
conclusive upon him and an order for his arrest double, or indirect compensation, unless
should at once issue. specifically authorized by law.
If you were the judge, how would you
President; Participation; Legislative Process decide the following:
(1996)
a) the issue regarding the holding of as Secretary of Trade and Industry. The
multiple positions? (3%) provision of Art, VII, Sec, 13, prohibiting
b) the issue on the payment of additional or Cabinet members from holding any other office
double compensation?(2%) or employment, is subject to the exceptions
Explain your answers fully. in Art. IX, B, Sec. 7.
SUGGESTED ANSWER:
(a) If I were the judge, I would uphold the b. Dean Sinco believes that members of
validity of the designation of Secretary M as ex Congress cannot be members of the Board of
officio member of the Monetary Board, As Regents of the University of the Philippines
stated in Civil Liberties Union v. Executive under the Incompatibility Clause of the 1935
Secretary, 194 SCRA 317 (1991), the Constitution which is similar to the provision of
prohibition against the holding of multiple Art. VI, Sec. 13 of the present Constitution.
positions by Cabinet Members in Article VII, Under this view, the membership of the
Section 13 of the Constitution does not apply to Chairman of the Senate Committee on Trade
positions occupied in an ex officio capacity as and Industry in the Export Control Board cannot be
provided by law and as required by the primary sustained. (Sinco, Philippine Political Law 136
functions of their office. (llth Ed. 1962).
(b) If I were the Judge, I would rule that Moreover, since the apparent justification for
Secretary M cannot receive any additional the membership of the Chairman of the Senate
compensation. As stated in Civil Liberties Committee is to aid him in his
Union v. Executive Secretary, 194 SCRA 317 legislative functions, this purpose can easily
(1991), a Cabinet Member holding an ex-officio be achieved through legislative investigations
position has no right to receive additional under Art. VI, Sec.21.
compensation, for his services in that position
are already paid for by the compensation On the other hand, Dean Cortes appears to
attached to his principal office. suggest a contrary view, noting that after the
decision in Government of the Philippine
Prohibition against Multiple Positions Islands v. Springer 50 Phil. 259 (1927), in
by Gov’t Officials (1987) validating the law designating the Senate
No. I: Assume that a law has been passed President and Speaker as members of the
creating the Export Control Board composed of: Board of Control of government corporations, no
a. The Secretary of Trade and Industry other decision has been rendered. On the
as Chairman and as Members: contrary, laws have been enacted, making
b. The Chairman of the Senate members of Congress members of various
Committee on Trade and Industry boards.
c. An Associate Justice of the Supreme
Court designated by the Chief Justice Indeed, the membership of the Chairman of the
d. The Commissioner of Customs, and Senate Committee on Trade and Industry
e. The President of the Philippine may be upheld as being in aid of his
Chamber of Commerce and Industry, legislative functions since what is prohibited
by Art. VI, Sec. 13 is the acceptance of an
The National Constitutional Association of incompatible office or employment in
the Philippines has filed suit to challenge the government. (Cortes, Philippine
the constitutionality of the law. Presidency, pp. 111- 112(1966))
Determine whether the membership of each (c) The designation of an Associate Justice
of the above in the Board can be upheld. of the Supreme Court cannot be sustained
Cite relevant constitutional provisions. being the imposition on the members of the
SUGGESTED ANSWER: Court, of non-judicial duties, contrary to the
a. The chairmanship of the Secretary of Trade principle of separation of powers. It is
and Industry in the Board can be upheld on the judicial power and judicial power only which
basis of Art. IX, B, Sec. 7, which allows the Supreme Court and its members may
appointive officials to hold other offices if exercise. (Art VIII. Sec. 1; Manila Electric Co.
allowed by law (such as the law in this case v. Pasay Trans. Co., 57 Phil. 600 (1932))
creating the Export Control Board) or justified by
the primary functions of their offices. The (d) The Commissioner of Customs may be
functions of the Board is related to his functions made member of the Board for the same
reason in the case of the Secretary of (4) Cases heard by a division when the
Trade and Industry, under Art. IX, B, Sec. 7. required majority is not obtained;
(5) Cases where a doctrine or principle
(e) The membership of the President of the
Philippine Chamber of Commerce may also be
of law previously laid down will
upheld on the ground that Congress has the be modified or reversed;
power to prescribe qualifications for the office. (6) Administrative cases against judges
when the penalty is dismissal; and
Suspension of Writ of Habeas Corpus (1997)
(7) Election contests for President or
(a) When may the privilege of the writ of
habeas corpus be suspended? Vice- President.
(b) If validly declared, what would be the
full consequences of such suspension? Contempt Powers (1996)
SUGGESTED ANSWER: No. 3: 2) On the first day of the trial of a rape-
(a) Under Section 16, Article VII of murder case where the victim was a popular TV
the Constitution, the privilege of the writ of star, over a hundred of her fans rallied at the
habeas corpus may be suspended when entrance of the courthouse, each carrying a
there is an invasion or rebellion and public placard demanding the conviction of the
safety requires it. accused and the imposition of the death penalty on
(b) According to Section 18, Article VII of the him. The rally was peaceful and did not disturb
Constitution, the suspension of the privilege of the proceedings of the case.
the writ of habeas corpus shall apply only to a) Can the trial court order the dispersal of the
persons judicially charged with rebellion or rallyists under pain of being punished for
offenses Inherent to or directly connected with contempt of court, if they fail to do so? Explain.
invasion. Any person arrested or detained b) If instead of a rally, the fans of the
should be judicially charged within three days. victim wrote letters to the newspaper
Otherwise, he should be released. Moreover, editors demanding the conviction of the
under Section 13. Article III of the Constitution, the accused, can the trial court punish them
right to bail shall not be impaired even when the for contempt? Explain.
privilege of the writ of habeas corpus is SUGGESTED ANSWER:
suspended. 2. a) Yes, the trial court can order the dispersal of
the rally under pain of being cited for
contempt. The purpose of the rally is to attempt to
ARTICLE VIII Judicial influence the administration of Justice. As stated
in People vs. Flores, 239 SCRA 83, any conduct by
Department any party which tends to directly or indirectly
Impede, obstruct or degrade the administration
Cases to be Heard En Banc; Supreme Court of justice is subject to the contempt powers of
(1999) the court.
No XI - Enumerate the cases required by
the Constitution to be heard en banc by b) No, the trial court cannot punish for contempt the
the Supreme Court? (2%) fans of the victim who wrote letters to the
SUGGESTED ANSWER: newspaper editors asking for the conviction of
The following are the cases required by the the accused. Since the letters were not
Constitution to be heard en banc by addressed to the Judge and the publication of
the Supreme Court: the letters occurred outside the court, the fans
cannot be punished in the absence of a clear
(1) Cases involving the constitutionality of a
and present danger to the administration of
treaty, international or Justice. In Cabansag vs. Fernandez, 102 Phil
executive agreement, or law; 152, it was held that a party who wrote to the
(2) Cases which under the Rules of Court Presidential Complaints and Action Committee to
are required to be heard en banc. complain about the delay in the disposition of his
case could not be punished for contempt in the
(3) Cases involving the constitutionality,
absence of a clear and present danger to the
application, or operation of
fair administration of Justice.
presidential decrees,
proclamations, orders, instructions, Finality of Void Judgments (1993)
ordinances, and other regulations;

No. 8; The ABC Realty, Inc, filed a complaint plans of the government and allocate
against Rico for the collection of unpaid and disburse such sums as may be provided
installments on a subdivision lot purchased by by law or prescribed by it in the course
the latter, Rico failed to file an answer, was of the discharge of its functions.
declared in default; and after reception of
plaintiffs evidence ex parte, judgment was Function; Continuing Constitutional
rendered against him. The decision became Convention (2000)
final, and upon motion by ABC Realty, the No I. - - One Senator remarked that the
judge issued a writ of execution. Supreme Court is a continuing Constitutional
Convention. Do you agree? Explain. (2%)
Rico now files a motion to quash the writ and to SUGGESTED ANSWER:
vacate the Judgment contending that it is the I do not agree that the Supreme Court is a
Housing and Land Use Regulatory Board continuing Constitutional Convention. The
(HLURB) which is vested with original and criticism is based on the assumption that in
exclusive Jurisdiction over cases involving the exercising its power of judicial review the
real estate business. Rico prays for the Supreme Court Is not merely interpreting the
dismissal of the complaint and for the nullity of the Constitution but is trying to remake the
decision. The realty firm opposes the motion Government on the basis of the personal
arguing that under BP 129, RTCs have exclusive predilections of the Members of the Supreme
and original jurisdiction over cases in which the Court, this is a power that properly belongs to
amount of controversy exceeds P20,000.00. the people and their elected representatives.
Answer the following queries:
1) Who has jurisdiction over the collection suit? The Supreme Court cannot decide cases
2) The RTC decision, having become final and merely on the basis of the letter of the
executory, can it still be vacated? Constitution. It has to interpret the Constitution to
SUGGESTED ANSWER: give effect to the intent of its framers and of the
1} The HLURB people adopting it. In Interpreting the
2) Yes, the decision of the Regional Trial Court Constitution, the Supreme Court has to adopt it to
can still be vacated, even if it has become final the ever-changing circumstances of society.
and executory. Since the Regional Trial When the Supreme Court strikes down an act
Court had no jurisdiction over the case, the of the Legislative or the Executive Department, it is
decision is void. merely discharging its duty under the
Constitution to determine conflicting claims of
Fiscal Autonomy (1999) authority.
No XI - What do you understand by ALTERNATIVE ANSWER:
the mandate of the Constitution that the To a certain extent, the Supreme Court is a
judiciary shall enjoy fiscal autonomy? continuing Constitutional Convention. When a
Cite the constitutional provisions case is brought in court involving a
calculated to bring about the realization of constitutional issue. It becomes necessary to
the said constitutional mandate. (2%) interpret the Constitution, Since the Supreme
SUGGESTED ANSWER: Court is supreme within its own sphere, its
Under Section 3, Article VIII of the Constitution, interpretation of the Constitution will form part of the
the fiscal autonomy of the Judiciary means that law of the land.
appropriations for the Judiciary may not
be reduced by the legislature below the Issuance of Restraining Orders
amount appropriated for the previous year and Injunctions (1992)
and, after approval, shall be automatically No. 7: Congress is considering new measures
and regularly released. to encourage foreign corporations to bring their
investments to the Philippines. Congress has
In Bengzon v. Drilon, 208 SCRA 133, the found that foreign investments are deterred by
Supreme Court explained that fiscal autonomy the uncertain investment climate in the
contemplates a guarantee of full flexibility to Philippines. One source of such uncertainty is
allocate and utilize resources with the wisdom the heightened judicial intervention in
and dispatch that the needs require. It investment matters.
recognizes the power and authority to deny,
assess and collect fees, fix rates of One such measure provides that "no court or
compensation not exceeding the highest rates administrative agency shall issue any
authorized by law for compensation and pay restraining order or injunction against the
BAR Q&A (as arranged by Topics) – POLITICAL 100
LAW (1987-2006) 100
Central Bank" in the Bank's exercise of (4) The Secretary of Justice as ex
its regulatory power over specific foreign officio member;
exchange transactions. (5) A representative of Congress as ex
officio member;
Would this be a valid measure? Explain. (6) A representative of the Integrated Bar;
SUGGESTED ANSWER: (7) A professor of law;
Yes, the measure is valid. In Mantruste (8) A retired Justice of the Supreme Court; and
Systems, Inc. vs. Court of Appeals, 179 SCRA 136, (9) A representative of the private sector.
the Supreme Court held that a law (Section 8 (1), Article VIII of
prohibiting the issuance of an injunction is valid, the Constitution)
because under Section 2, Article VIII of the The term of office of the regular members
Constitution, the jurisdiction of the courts may is four (4) years. (Section 8(2), Article VIII
be defined by law. of the Constitution)
ALTERNATIVE ANSWER:
Since under Sections 1 and 5(2), Article VIII of Judicial Department; Writ of Amparo (1991)
the Constitution, the courts are given the power No 1: What is a Constitutional writ of
of Judicial review, the measure is void, Amparo and what is the basis for such a
Such power must be preserved. The remedy under the Constitution?
issuance of restraining orders and Injunctions SUGGESTED ANSWER:
is in aid of the power of judicial review. The writ of Amparo in Mexican law is an
extraordinary remedy whereby an interested
Judicial & Bar Council (1988) party may seek the invalidation of any
No. 11: A novel feature of the executive, legislative or judicial act deemed in
present Constitution is the Judicial and Bar violation of a fundamental right. The adoption of
Council. Please state: such a remedy in the Philippines may be based on
7. Its principal function; Article VIII, Sec. 5(5) of the Constitution, which
8. Its composition; and empowers the Supreme Court to promulgate
9. Who supervises it, and takes care of rules concerning the protection and enforcement of
its appropriations? constitutional rights.
SUGGESTED ANSWER:
11. The Judicial and Bar Council has the Judicial Independence; Safeguard (2000)
principal function of recommending appointees to No I. Name at least three
the Judiciary. It may exercise such other constitutional safeguards to maintain judicial
functions and duties as the Supreme Court may independence. (3%)
assign to it. (Art. VIII, sec. 8(5)). SUGGESTED ANSWER:
The following are the constitutional
2. The JBC is composed of the Chief safeguards to maintain judicial independence:
Justice as ex officio Chairman, the Secretary of
k. The Supreme Court is a
Justice and a representative of the
constitutional body and cannot be
Congress as ex officio Members, a
representative of the Integrated Bar, a abolished by mere legislation.
professor of law, a retired Member of the l. The members of the Supreme Court
Supreme Court, and a representative of cannot be removed except
the private sector. (Art. VIII, sec. 8(1)). by impeachment.
m. The Supreme Court cannot be deprived
3, The Supreme Court supervises the JBC and
of its minimum jurisdiction prescribed in
provides in the annual budget of the Court the
Section 5, Article X of the Constitution.
appropriations of the JBC. (Art. VIII, sec. 8(4)).
n. The appellate jurisdiction of the
Judicial & Bar Council (1999) Supreme Court cannot be increased by law
No XI - What is the composition of the Judicial without its advice and concurrence.
and Bar Council and the term of office of o. Appointees to the Judiciary
its regular members? (2%)
are nominated by the Judicial and
SUGGESTED ANSWER:
Bar Council and are not
The Judicial and Bar Council is composed
subject to confirmation by the
of the following:
1. The Chief Justice as ex officio chairman; Commission on Appointments.

c) The Supreme Court has administrative Senator de Leon took the floor of the Senate to
supervision over all lower courts and speak on a "matter of personal privilege" to
their personnel. vindicate his honor against those "baseless and
malicious" allegations. The matter was referred to
d) The Supreme Court has
the Committee on Accountability of Public
exclusive power to discipline Officers, which proceeded to conduct a
Judges of lower courts. legislative inquiry. The Committee asked Mr.
e) The Members of the Judiciary Vince Ledesma, a businessman linked to the
have security of tenure, which transaction and now a respondent before the
cannot be undermined by a law Sandiganbayan, to appear and to testify before the
reorganizing the Judiciary. Committee.
f) Members of the Judiciary cannot be
Mr Ledesma refuses to appear and file suit
designated to any agency before the Supreme Court to challenge
performing quasi-Judicial or the legality of the proceedings before
administrative functions. the Committee. He also asks
(3) The salaries of Members of whether the Committee had the power to
the Judiciary cannot be decreased require him to testify.
during their continuance in office. Identify the issues Involved and resolve them.
SUGGESTED ANSWER:
(4) The Judiciary has fiscal autonomy.
The issues involved in this case are
(5) The Supreme Court has the following:
exclusive power to promulgate rules (3) Whether or not the Supreme Court has
of pleading, practice and procedure. jurisdiction to entertain the case;
(4) Whether or not the Committee on
(6) Only the Supreme Court
Accountability of Public Officers has the
can temporarily assign judges to power to investigate a matter which is
other stations. involved in a case pending in court; and
(7) It is the Supreme Court who appoints all (5) Whether or not the petitioner can
officials and employees of the Judiciary. invoke his right against self-incrimination.
(Cruz, Philippine Political Law, 1995 ed.
(pp. 229-31.) All these Issues were resolved in the case
of Bengzon vs. Senate Blue Ribbon
Committee, 203 SCRA 767.
Judicial Power (1989)
No. 10: Where is judicial power vested? The Supreme Court has jurisdiction over the
What are included in such power? case, because it involves the question of
SUGGESTED ANSWER: whether or not the Committee on Accountability of
According to Section 1, Article VIII of the 1987 Public Officers has the power to conduct the
Constitution, judicial power is vested in one investigation. Under Section 1, Article VIII of the
Supreme Court and in such lower courts as Constitution, judicial power includes the duty of the
may be established by law. It includes the duty of courts to determine whether or not any branch
the courts of justice to settle actual of the government is acting with grave of abuse
controversies involving rights which are legally of discretion amounting to lack of jurisdiction.
demandable and enforceable, and to determine
whether or not there has been a grave abuse of The Committee on Accountability of Public
discretion amounting to lack or excess of Officers has no power to investigate the
jurisdiction on the part of any branch or scandal. Since the scandal is involved in a case
instrumentality of the Government. pending in court, the investigation will encroach
upon the exclusive domain of the court. To
Judicial Power (1992) allow the investigation will create the possibility of
No. 8: A case was filed before the conflicting judgments between the committee and
Sandiganbayan regarding a questionable the court. If the decision of the committee were
government transaction. In the course of the reached before that of the court, it might
proceedings, newspapers linked the name of influence the judgment of the court.
Senator J. de Leon to the scandal.
The petitioner can invoke his right against self-
incrimination, ...
amounting to lack or excess of jurisdiction on
Judicial Power (1998) the part of any branch or instrumentality of the
IV. Andres Ang was born of a Chinese father Government. As held in Marcos us. Manglapus, 177
and a Filipino mother in Sorsogon, Sorsogon. on SCRA 668. this provision limits resort to the political
January 20, 1973. In 1988. his father was question doctrine and broadens the scope of
naturalizedas a Filipino citizen. On May juridical inquiry into areas which the courts
11,1998. Andres Ang was elected under the 1935 and the 1973
Representative of the First District of Sorsogon. Constitutions would normally have left to the
Juan Bonto who received the second highest political departments to decide.
number of votes, filed a petition for Quo ALTERNATIVE ANSWER:
Warranto against Ang. The petition was filed Under the 1935 and 1973 Constitutions,
with the House of Representative Electoral there was no provision defining the scope
Tribunal (HRET). Bonto contends that Ang is not of judicial power as vested in the judiciary.
a natural born citizen of the Philippines and While these Constitutions, both provided
therefore is disqualified to be a member of the for vesture of judicial power "in one
House. Supreme Court and in such inferior courts
as may be established by law," they were
The HRET ruled in favor of Ang. Bonto silent as to the scope of such power.
filed a petition for certiorari in the Supreme
Court. The following issues are raised: The 1987 Constitution, on the other hand,
(3) Whether the case is justiciable considering re- wrote the provisions on the vesture of
that Article VI. Section 17 of the judicial power originally appearing in the
Constitution declares the HRET to be the 1935 and 1973 Constitutions, as follows:
"sole Judge" of all contests relating to the "The judicial power shall be vested in
election returns and disqualifications of one Supreme Court and in such lower
members of the House of courts as may be established by law.
Representatives. [5%]
(4) Whether Ang is a natural bom citizen of "Judicial power includes the duty of the
the Philippines. |5%] courts of justice to settle actual controversies
How should this case be decided? Involving rights which are legally demandable
SUGGESTED ANSWER: and enforceable, and to determine whether or
3. The case is justiciable. As stated In not there has been a grave abuse of
Lazatin vs. House Electoral Tribunal 168 SCRA 391, discretion amounting to lack or excess of
404, since judicial power includes the duty to Jurisdiction on the part of any branch or
determine whether or not there has been a instrumentality of the Government." (Sec. 1.
grave abuse of discretion amounting to lack or Art. VIII)
excess of jurisdiction on the part of any branch or
instrumentality of the Government, the The second paragraph of the cited provision
Supreme Court has the power to review the was not found in the 1935 and 1973
decisions of the House of Representatives Constitution, it contains a new definition of
Electoral Tribunal in case of grave Abuse of judicial power particularly the scope thereof. The
discretion on its part. first portion thereof represents the traditional
4. Andres Ang should be considered a natural concept of Judicial power, involving the
born citizen of the Philippines. .... settlement of conflicting rights as by law, which
presumably was implicit in the 1935 and 1973
Judicial Power; Scope (1994) Constitutions. The second (latter) portion of the
No. 2: 1} What is the difference, if any. between definition represents a broadening of the scope of
the scope of Judicial power under the 1987 judicial power or, in the language of the
Constitution on one hand, and the 1935 Supreme Court, conferment of "expanded
and 1973 Constitutions on the other? Jurisdiction" on the Judiciary (Daza v. Singson, 180
SUGGESTED ANSWER: SCRA 496) to enable the courts to review the
The scope of judicial power under the 1987 exercise of discretion by the political
Constitution is broader than its scope under the departments of government. This new
1935 and 1973 Constitution because of the prerogative of the judiciary as now recognized
second paragraph of Section 1, Article VIII of under the 1987 Constitution was not
the 1987 Constitution, which states that it constitutionally permissible under the 1935 and
includes the duty to determine whether or not 1973 Charters.
there has been a grave abuse of discretion
Judicial Review; Locus Standi (1992) the power plant, because no public funds will
No. 6: The Philippine Environmentalists' be spent for its operation. As held in Gonzales
Organization for Nature, a duly recognized non- vs. Marcos, 65 SCRA 624, a taxpayer
governmental organization, intends to file suit to has no standing to file a case if no
enjoin the Philippine Government from expenditure of public funds is involved.
allocating funds to operate a power plant at
Mount Tuba In a southern island. They claim Since no member or officer of the Philippine
that there was no consultation with the Environmentalists' Organization belongs to the
Indigenous cultural community which will be affected indigenous community, none of the
displaced from ancestral lands essential to their rights of the Philippine Environmentalists'
livelihood and indispensable to their religious Organization and of its officers and members
practices. are affected. In accordance with the ruling in
3) The organization is based in Makati. All its National Economic Protectionism Association
officers live and work in Makati. Not one of its vs. Ongpin, 171 SCRA 657, the organization has
officers or members belong to the affected no standing to file the case.
indigenous cultural community. Do they have
the standing in this dispute? Explain. Judicial Review; Requisites (1994)
No. 2: 2) Assume that the constitutional
4) Would your answer be different if the question raised in a petition before
Philippine Power Corporation, a private the Supreme Court is the Iis mota of the case,
company, were to operate the plant? Explain. give at least two other requirements before the
SUGGESTED ANSWER: Court will exercise its power of judicial review?
a) Under Section 5, Article XII of the SUGGESTED ANSWER:
Constitution, the State should protect the rights of 2) According to Macasiano vs. National
cultural Indigenous communities to their Housing Authority, 224 SCRA 236, in addition to
ancestral lands to ensure their well-being. the requirement that the constitutional
Under Section 17, Article XIV of the question raised be the lis mota of the case, the
Constitution, the State should protect the rights of following requisites must be present for the
indigenous cultural communities to preserve and exercise of the power of judicial review:
develop this cultures, traditions, and (c) There must be an actual case or
institutions and should consider these rights in
controversy involving a conflict of legal
the formulation of national plans and policies.
The government violated these provisions, rights susceptible of Judicial determination;
because it decided to operate the power plant (d) The constitutional question must be
without consulting the indigenous cultural raised by the proper party; and
community and the operation of the power plant will (e) The constitutional question must be
result in its displacement.
raised at the earliest opportunity.
If the projected lawsuit will be based on Jurisdiction of HLURB (1993)

violation of the rights of the indigenous cultural No. 8; The ABC Realty, Inc, filed a complaint
communities, the Philippine Environmentalists against Rico for the collection of unpaid
Organization will have no standing to file the installments on a subdivision lot purchased by
case. None of its officers and members belong to the latter, Rico failed to file an answer, was
the indigenous cultural community. None of their declared in default; and after reception of
rights are affected. plaintiffs evidence ex parte, judgment was
rendered against him. The decision became
If the lawsuit will seek to enjoin the use of final, and upon motion by ABC Realty, the
public funds to operate the power plant, the judge issued a writ of execution.
Philippine Environmentalists' Organization
can file a taxpayer's suit. As held in Rico now files a motion to quash the writ and to
Maceda us. Macaraig, 197 SCRA 771, vacate the Judgment contending that it is the
a taxpayer has standing to question the Housing and Land Use Regulatory Board
illegal expenditure of public funds. (HLURB) which is vested with original and
exclusive Jurisdiction over cases involving the
b) The Philippine Environmentalists real estate business. Rico prays for the
Organization will have no standing to file the dismissal of the complaint and for the nullity of the
case if it is a private company that will operate decision. The realty firm opposes the
motion arguing that under BP 129, RTCs have within three months (Art. X, Sec. 11). In
exclusive and original jurisdiction over cases in Marcelino vs. Cruz, 121 SCRA 51 (1983) it was
which the amount of controversy exceeds held that the periods prescribed are only
P20,000.00. Answer the following queries: directory, not mandatory.
(c) Who has jurisdiction over the
collection suit? Political Question (1995)
(d) The RTC decision, having become final and No. 13: Judicial power as defined in Sec. 1, 2nd
executory, can it still be vacated? par., Art. VIII, 1987 Constitution, now "includes the
SUGGESTED ANSWER: duty of the Courts of Justice to settle actual
1} As held in Estate Developers and Investors controversies involving rights which are legally
Corporation vs. Court of Appeals, 213 SCRA demandable and enforceable, and to determine
353, pursuant to Presidential Decree No. 1344, it is whether or not there has been a grave abuse of
the Housing and Land Use Regulatory Board discretion amounting to lack of excess of
which has jurisdiction over the claim of a developer jurisdiction on the part of any branch or
against a buyer for the payment of the balance instrumentality of the Government. "This
of the purchase price of a lot. The jurisdiction of definition is said to have expanded the power of the
the Regional Trial Court over cases in which judiciary to include political questions formerly
the amount of controversy exceeds P20,000.00 beyond its jurisdiction.
exists only in all cases where the case does f) Do you agree with such as interpretation of the
not otherwise fall within the exclusive jurisdiction constitutional definition of judicial power that
of any other court, tribunal, person or body would authorize the courts to review and, if
exercising Judicial or quasi-judicial functions, warranted, reverse the exercise of discretion
by the political departments (executive
and legislative) of the government,
2) Yes, because it is void.... including the Constitutional Commissions?
Discuss fully,
Mandatory Period For Deciding Cases (1989) g) In your opinion, how should such definition
No. 10: (2) Despite the lapse of 4 months from be construed so as not to erode
the time that the trial was terminated and considerably or disregard entirely the
the case submitted for decision, the trial court existing "political question" doctrine?
failed to decide the case. The defense counsel Discuss fully.
moved to dismiss the case on the ground that SUGGESTED ANSWER:
after the lapse of 90 days, the court had lost c) Yes, the second paragraph of Section 1,
jurisdiction to decide the case. Should Article VIII of the 1987 Constitution has
the motion be granted? expanded the power of the Judiciary to include
SUGGESTED ANSWER: political questions. This was not found in the
No, the motion should not be granted. 1935 and the 1973 Constitution, Precisely, the
Section 15 (4), Article VIII of the 1987 framers of the 1987 constitution intended to
Constitution provides: widen the scope of judicial review.
"Despite the expiration of the
applicable mandatory period, the court, d) As pointed out in Marcos vs. Manglapus, 177
without prejudice to such responsibility as SCRA 668, so as not to disregard entirely the
may have been incurred in consequence political question doctrine, the extent of judicial
thereof, shall decide or resolve the case review when political questions are involved
or matter submitted thereto for should be limited to a determination of whether or
determination, without further delay." not there has been a grave abuse of
discretion amounting to lack or excess of
Thus, the failure of the trial court to decide the jurisdiction on the part of the official whose act is
case within ninety days did not oust it being questioned. If grave abuse of discretion is not
of jurisdiction to decide the case. shown, the courts should not substitute their
ALTERNATIVE ANSWER: judgment for that of the official concerned and
The 1973 Constitution provided for certain decide a matter which by its nature or by law is
consequences on the decisions of courts in for the latter alone to decide.
case of the failure of the Supreme Court and
other inferior collegiate courts to decide cases Political Question Doctrine (1997)
within prescribed periods. But it did not provide for No. 5; To what extent, if at all, has the
consequences on the decisions of trial courts 1987 Constitution affected the "political
as a result of their failure to decide cases question doctrine"?
SUGGESTED ANSWER: The assault of a fellow Senator
Section 1, Article VIII of the Constitution has constitutes disorderly behavior.
expanded the scope of judicial power by
including the duty of the courts of Justice to Political Question; To Settle Actual
settle actual controversies involving rights Controversies (2004)
which are legally demandable and enforceable, and (a) The 1935, 1973 and 1987 Constitutions
to determine whether or not there has been a grave commonly provide that "Judicial power shall be
abuse of discretion amounting to lack or excess vested in one Supreme Court and in such lower
of jurisdiction on the part of any branch or courts as may be established by law."
instrumentality of the Government. In Marcos vs.
Manglapus, 177 SCRA 668, the Supreme Court What is the effect of the addition in the 1987
stated that because of this courts of justice Constitution of the following provision: "Judicial
may decide political questions if there was power includes the duty of the courts of justice to
grave abuse of discretion amounting to lack settle actual controversies involving rights which
or excess of jurisdiction on the part of the are legally demandable and enforceable, and to
official whose action is being questioned. 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
Political Question: Separation of instrumentality of the government"? Discuss
Powers (2004) briefly, citing at least one illustrative case. (5%)
(b) SDO was elected Congressman. Before the SUGGESTED ANSWER:
end of his first year in office, he inflicted The effect of the second paragraph of Section
physical injuries on a colleague, ET, in the 1, Article VIII of the 1987 Constitution is to limit
course of a heated debate. Charges were filed in resort to the political question doctrine and to
court against him as well as in the House broaden the scope of judicial inquiry into areas
Ethics Committee. Later, the House of which the Judiciary, under the previous
Representatives, dividing along party lines, Constitutions, would have left to the political
voted to expel him. Claiming that his expulsion was departments to decide. If a political question is
railroaded and tainted by bribery, he filed a petition involved, the Judiciary can determine whether or
seeking a declaration by the Supreme Court not the official whose action is being
that the House gravely abused its discretion questioned acted with grave abuse of discretion
and violated the Constitution. He prayed that amounting to lack or excess of jurisdiction
his expulsion be annulled and that he should be (Marcos v. Manglapus, 177 SCRA 668 [1989]);
restored by the Speaker to his position as (Daza v. Singson, 180 SCRA 496 [1989]).
Congressman. Is SDO's petition before the Thus, although the House of Representatives
Supreme Court justiciable? Cite pertinent issues Electoral Tribunal has exclusive jurisdiction to
for consideration. (5%) decide election contests involving members of
the House of Representatives, the Supreme
SUGGESTED ANSWER: Court nullified the removal of one of its
While under Section 1, Article VIII of the 1987 members for voting in favor of the protestant,
Constitution the Supreme Court may inquire who belonged to a different party. (Bondoc v.
whether or not the decision to expel SDO is Pineda, 201 SCRA 792 [1991]).
tainted with grave abuse of discretion
amounting to lack or excess of jurisdiction, the Political Questions (1988)
petition should be dismissed. In Alejandrino v. No. 23: In accordance with the opinion of
Quezon (46 Phil. 83 [1924]), the Supreme Court the Secretary of Justice, and believing that it
held that it could not compel the Senate to would be good for the country, the
reinstate a Senator who assaulted another President enters into an agreement with the
Senator and was suspended for disorderly Americans for an extension for another five
behavior, because it could not compel a (5) years of their stay at their military bases
separate and co-equal department to take any in the Philippines, in consideration of:
particular action. In Osmeña v. Pendatun (109 5. A yearly rental of one billion U.S.
Phil. 863 [1960]), it was held that the Supreme dollars, payable to the Philippine
Court could not interfere with the suspension of a government in advance;
Congressman for disorderly behavior, 6. An undertaking on the part of the American
because the House of Representatives is the government to implement immediately the
judge of what constitutes disorderly behavior. mini-Marshall plan for the country involving

ten billion U.S. dollars in aids No. 11: How may the following be removed
and concessional loans; and from office:
7. An undertaking to help persuade 5. Senators & Congressmen
American banks to condone interests 6. Judges of lower courts
and other charges on the country's 7. Officers and employees in the Civil Service
out-standing loans. SUGGESTED ANSWER:
(c) As to Sen & Cong, Art. III, section 16(3), of
In return, the President agreed to allow the Constitution, ...
American nuclear vessels to stay for short visits at (d) Under Art. VIII, sec. 11 of the
Subic, and in case of vital military need, to Constitution, Judges of lower courts may be
store nuclear weapons at Subic and at Clark removed by dismissal by the Supreme by
Field. A vital military need comes, under the a vote of a majority of the Members who
agreement, when the sealanes from the actually took part in the deliberation on the
Persian Gulf to the Pacific, are threatened by issues in the case and voted thereon.
hostile military forces. (e) As to Civ Service Empl, Art. IX-B. Sec. 2(3)
of the Constitution, ...
The Nuclear Free Philippine Coalition comes to you
for advice on how they could legally prevent Review Executive Acts (1996)
the same agreement entered into by the No. 10: 1) X, a clerk of court of the Regional
President with the US government from going Trial Court of Manila, was found guilty of being
into effect. What would you advise them to do? absent without official leave for 90 days
Give your reasons. and considered dismissed from service by
SUGGESTED ANSWER: the Supreme Court. He appealed to the
If the Agreement is not in the form of a treaty, it is President for executive clemency. Acting on
not likely to be submitted to the Senate for the appeal, the Executive Secretary, by
ratification as required in Art. VII, sec. 21. It order of the President commuted the
may not, therefore, be opposed in that branch penalty to a suspension of six months.
of the government. Nor is judicial review (3) Can the Supreme Court review
feasible at this stage because there is no the correctness of the action of the
justiciable controversy. While Art. VIII, sec. 1, President in commuting the penalty
par. 2 states that judicial power includes the imposed on X? Explain.
duty of court of justice to "determine whether or not (4) Was the action of the President
there has been a grave abuse of discretion constitutional and valid? Explain.
amounting to lack or excess of jurisdiction on SUGGESTED ANSWER:
the part of any branch or instrumentality of the 1. a) Yes, the Supreme Court can review the
government," it is clear that this provision does not correctness of the action of the President In
do away with the political question doctrine. It was commuting the penalty imposed on X. By doing so,
inserted in the Constitution to prevent courts the Supreme Court is not deciding a political
from making use of the doctrine to avoid what question. The Supreme Court is not reviewing
otherwise are justiciable controversies, albeit the wisdom of the commutation of the penalty.
involving the Executive Branch of the What it is deciding is whether or not the
government during the martial law period. On President has the power to commute the
the other hand, at this stage, no justiciable penalty of X, As stated in Daza vs. Singson.
controversy can be framed to justify judicial 180 SCRA 496, it is within the scope of Judicial
review, I would, therefore, advice the Nuclear power to pass upon the validity of the actions of the
Free Philippine Coalition to resort to the media to other departments of the Government.
launch a campaign against the Agreement.
b) The commutation by the President of the
Pro Hac Vice Cases (1999) penalty imposed by the Supreme Court upon X is
No XI What does if mean when a unconstitutional. Section 6. Article VIII of the
Supreme Court Justice concurs in a Constitution vests the Supreme Court with the
decision pro hac vice? (2%) power of administrative supervision over all
SUGGESTED ANSWER: courts and their personnel. In Garcia vs. De la
When a decision is pro hac vice, it means Pena, 229 SCRA 766, it was held that no other
the ruling will apply to this particular case only. branch of the Government may intrude into this
exclusive power of the Supreme Court.
Removal of Lower Court Judges (1993)

Supervision; Courts & its Personnel (Q5- C. No, the court cannot take cognizance of the
2005) case. As held in Joya vs. Presidential
(3) Pedro Masipag filed with the Ombudsman a Commission on Good Government, 225 SCRA
complaint against RTC Judge Jose 569, since the petitioners were not the legal
Palacpac with violation of Article 204 of the owners of paintings and antique silverware,
Revised Penal Code for knowingly they had no standing to question their
rendering an unjust judgment in Criminal disposition. Besides, the paintings and the
Case No. 617. Judge Palacpac filed a antique silverware did not constitute important
motion with the Ombudsman to refer the cultural properties or national cultural treasures, as
complaint to the Supreme Court to they had no exceptional historical and cultural
determine whether an administrative aspect significance to the Philippines.
was involved in the said case. The
Ombudsman denied the motion on the D. According to Joya us. Presidential
ground that no administrative case against Commission on Good Government, 225 SCRA
Judge Palacpac relative to the decision in C. for a taxpayer's suit to prosper,
Criminal Case No. 617 was filed and four requisites must be considered:
pending in his office. (1) the question must be raised by the proper
State with reasons whether party;
the Ombudsman's ruling is correct. (4%) (4) there must be an actual controversy;
(5) the question must be raised at the
SUGGESTED ANSWER: earliest possible opportunity; and
The Ombudsman's ruling is not correct. Under (6) the decision on the constitutional or
Section 6, Article VIII of the Constitution, it is legal question must be necessary
the Supreme Court which is vested with to the determination of the case.
exclusive administrative supervision over all
courts and its personnel. Prescinding from this In order that a taxpayer may have standing
premise, the Ombudsman cannot determine for to challenge the legality of an official act of
itself and by itself whether a criminal complaint the government, the act being questioned
against a judge, or court employee, involves an must involve a disbursement of public funds
administrative matter. The Ombudsman is duty upon the theory that the expenditure of
bound to have all cases against judges and public funds for an unconstitutional act is a
court personnel filed before it, referred to the misapplication of such funds, which may
Supreme Court for determination as to whether an be enjoined at the instance of a taxpayer.
administrative aspect is involved therein.
(Judge Jose Caoibes v. Ombudsman, G.R. No. Term of Office; Justices (1996)
132177, July 19, 2001) No. 9: A, an associate justice of the Supreme
Taxpayer's Suit; Locus Standi (1995) Court reached the age of seventy on July 1,
No. 12: When the Marcos administration was 1996. There was a case calendared for
toppled by the revolutionary government, the deliberation on that day where the vote of A
Marcoses left behind several Old Masters' was crucial. Can A hold over the position and
paintings and antique silverware said to have participate in the deliberation of the case on
been acquired by them as personal gifts. July 1, 1996? Explain.
Negotiations were then made with Ellen Layne SUGGESTED ANSWER:
of London for their disposition and sale at public No. A cannot hold over his position as
auction. Later, the government entered into a Associate Justice of the Supreme Court and
"Consignment Agreement" allowing Ellen Layne of participate in the deliberations of the case on
London to auction off the subject art pieces. Upon July 1, 1996. Under Section 11, Article VIII of
learning of the intended sale, well-known artists, the Constitution, Members of the Supreme
patrons and guardians of the arts of the Philippines Court hold office until they reach the age of
filed a petition in court to enjoin the sale and seventy years or become incapacitated to
disposition of the valued items asserting that discharge their duties. Constitutional officers
their cultural significance must be preserved for the whose terms are fixed by the Constitution have no
benefit of the Filipino people. right to hold over their positions until their
3) Can the court take cognizance of successors shall have been appointed and
the case? Explain. qualified unless otherwise provided in the
4) What are the requisites for a taxpayer's suit Constitution. (Mechem, A Treaties on the Law of
to prosper? Public Offices and Officers, p. 258.)
SUGGESTED ANSWER:

Votes required for declaring a
law unconstitutional (1996) ARTICLE IX Civil Service
No. 7: Can five members of the Supreme Court
declare a municipal ordinance unconstitutional? Commission
Explain.
SUGGESTED ANSWER: Career Service; Characteristics (1999)
Yes. five Members of the Supreme Court sitting en- No IX - What characterizes the career
banc can declare a municipal ordinance service and what are included in the career
unconstitutional. Under Section 4(2). Article VIII of service? (2%)
the Constitution, a municipal ordinance can be SUGGESTED ANSWER:
declared unconstitutional with the According to Section 7, Chapter 2, Title I, Book
concurrence of a majority of the Members of the V of the Administrative Code of 1987,
Supreme Court who actually took part in the the career service is characterized by
deliberation on the issues in the case and voted (1) Entrance based on merit and fitness to
thereon. If only eight Members of the Supreme be determined as far as practicable
Court actually took part in deciding the case, by competitive examination or based on
there will still be a quorum. Five Members will highly technical qualifications;
constitute a majority of those who actually took part (2) opportunity for advancement to
in deciding the case. higher career positions; and
(3) security of tenure.
ARTICLE IX Constitutional The career service includes:

(1) OPEN CAREER POSITIONS for
Commissions appointment to which prior qualifications in
Rotational Scheme (1999) an appropriate examination is required;
No XIII - What are the requisites for (2) CLOSED CAREER POSITIONS which
the effective operation of the so-called are scientific or highly technical in nature;
"Rotational Scheme" for Constitutional (3) Positions in the CAREER EXECUTIVE
Commissions? (2%) SERVICE;
SUGGESTED ANSWER: (4) Career officers other than those in
As held in Republic v. Imperial, 96 Phil. 770, for the career executive service, who
the effective operation of the rotational scheme are appointed by the President;
of the Constitutional Commission, the (5) Commissioned officers and enlisted men of
first Commissioner should start on a the Armed Forces;
common date and any vacancy before the (6) Personnel of government - owned
expiration of the term should be filled only or controlled corporations, whether
for the unexpired balance of the term. performing governmental or proprietary
functions, who do not fall under the
Constitutional Commissions & Council (Q7- non-career service; and
2006) (7) Permanent laborers, whether
(3) The legislature may abolish this body: (5%)
skilled, semiskilled, or unskilled.
0 Commission on Appointments
1 Ombudsman Civil Service Commission vs. COA (2004) (9-a)
2 Judicial and Bar Council Former Governor PP of ADS Province had
3 Court of Tax Appeals dismissed several employees to scale down
4 Commission on Audit the operations of his Office. The
employees complained to the Merit Systems
SUGGESTED ANSWER: Protection Board, which ruled that the Civil
The legislature may abolish the d) COURT OF TAX Service rules were violated when the
APPEALS since it is merely a creation of law employees were dismissed. The Civil Service
unlike the Commission on Appointments, Commission (CSC) affirmed the MSPB
Ombudsman, Judicial and Bar Council and decision, and ordered ADS to reinstate the
Commission on Audit which are all constitu- employees with full backwages. ADS did not
tional creations. Thus, the latter agencies may appeal and the order became final.
only be abolished by way of an amendment or
revision of the Constitution. Instead of complying immediately, BOP, the
incumbent Governor of ADS, referred the
matter to the Commission on Audit (COA),

which ruled that the amounts due are the 1. The rule prohibiting the appointment
personal liabilities of the former Governor who to certain government positions, of the
dismissed the employees in bad faith. Thus, spouse and relatives of the President
ADS refused to pay. The final CSC decision, within the fourth degree of
however, did not find the former Governor in consanguinity or affinity. [2%]
bad faith. The former Governor was likewise not 2. The rule making it incompatible for
heard on the question of his liability.
members of Congress to hold offices or
Is ADS' refusal justified? Can COA disallow the employment in the government. [2%]
payment of backwages by ADS to 3. The rule prohibiting members of
the dismissed employees due under a final the Constitutional Commissions, during
CSC decision? Decide and reason briefly. (5%) their tenure, to be financially interested
in any contract with or any franchise or
SUGGESTED ANSWER: privilege granted by the government, [2%]
A. The refusal of ADS is not justified, and the
4. The rule providing for post audit by the
Commission on Audit cannot disallow the
payment of backwages by ADS to the COA of certain government agencies. [2%]
dismissed employee. The Commission on 5. The rule requiring Congress to provide for
Audit cannot make a ruling that it is the former the standardization of compensation of
governor who should be personally liable, since the government officials and employees. [2%]
former governor was not given the SUGGESTED ANSWER:
opportunity to be heard. In addition, the
Commission on Audit cannot set aside a final 1. Section 13. Article VII of the Constitution,
decision of the Civil Service Commission. The which prohibits the President from
payment of backwages to illegally dismissed appointing his spouse and relatives within the
government employee is not an irregular, fourth degree of consanguinity or affinity
unnecessary, excessive, extravagant or does not distinguish between
unconscionable expenditure. (Uy v. government corporations with original
Commission on Audit, 328 SCRA 607 [2000]). charters and their subsidiaries, because the
prohibition applies to both.
Function of CSC (1994)
2. Section 13, Article VII of the
No. 15 - 2) Can the Civil Service Constitution, which prohibits Members of
Commission revoke an appointment by the Congress from holding any other office
appointing power and direct the appointment of
during their term without forfeiting their
an individual of its choice?
seat, does not distinguish
SUGGESTED ANSWER:
According to the ruling in Medalla vs. Sto.
between government corporations
Tomas, 208 SCRA 351, the Civil Service with original charters and their subsidiaries,
Commission cannot dictate to the appointing because the prohibition applies to both.
power whom to appoint. Its function is limited to 3. Section 2, Article IX-A of the Constitution,
determining whether or not the appointee meets which prohibits Members of the
the minimum qualification requirements Constitutional Commissions from being
prescribed for the position. Otherwise, it would be financially interested in any contract with or any
encroaching upon the discretion of the franchise or privilege granted by the
appointing power. Government, does not distinguish between
government corporations with original
GOCCs Without Original Charter vs. GOCCs charters and their subsidiaries, because the
With Original Charter (1998) prohibition applies to both.
No II.- - The Constitution distinguishes between two
4. Section 2(1), Article IX-D of the Constitution
types of owned and/or controlled
which provides for post audit by the
corporations: those with original charters and
those which are subsidiaries of such Commission on audit of government
corporations. In which of the following rule/rules is corporations, does not distinguish between
such a distinction made? Consider each of the government corporations with original
following items and explain briefly your charters and their subsidiaries, because the
answer, citing pertinent provisions of the provision applies to both.
Constitution. 5. Section 5, Article IX-B of the Constitution,
which provides for the standardization of the
compensation of government officials and memorandum-order, directs the corporation
employees, distinguishes to comply with Civil Service Rules in
between government corporations the appointment of all of its officers and
and their subsidiaries, for the provision employees. The memorandum-order of the
applies only to government corporations CSC is assailed by the corporation, as well as
with original charters. by its officers and employees, before the
court. How should the case be resolved?
Jurisdiction over the GOCCs (1999) SUGGESTED ANSWER:
No IX - Luzviminda Marfel, joined by eleven The memorandum-order of the Civil Service
other retrenched employees, filed a complaint Commission should be declared void. As
with the Department of Labor and Employment held in Gamogamo v. PNOC Shipping and
(DOLE) for unpaid retrenchment or separation Transit Corporation. 381 SCRA 742
pay, underpayment of wages and non-payment of (2002). under Article IX-B, Section 2(1)
emergency cost of living allowance. The of the 1987 Constitution government-
complaint was filed against Food Terminal, Inc. owned or controlled corporations organized
Food Terminal Inc. moved to dismiss on the under the Corporation Code are not covered
ground of lack of jurisdiction, theorizing that it is a by the Civil Service Law but by the Labor
government-owned and controlled corporation and Code, because only government-owned
its employees are governed by the Civil Service or controlled corporations with original
Law and not by the Labor Code. Marfel charters are covered by the Civil Service.
opposed the motion to dismiss, contending
that although Food Terminal, Inc. is a corporation Modes of Removal from Office (1993)
owned and controlled by the government No. 11: How may the following be removed
earlier created and organized under the from office:
general corporation law as "The Greater 1) Senators & Congressmen
Manila Food Terminal, Inc.", it has still the marks of 2) Judges of lower courts
a private corporation: it directly hires its 3) Officers and employees in the Civil Service
employees without seeking approval from the SUGGESTED ANSWER:
Civil Service Commission and its personnel 1) Senators, Cong., Art. III, section 16(3), of the
are covered by the Social Security System and Constitution, ...
not the Government Service Insurance
System, The question posed in the petition for 2) Judges, Art. VIII, sec. 11 of the Constitution,
certiorari at bar is whether or not a labor law
claim against a government-owned or controlled 3) Under Art. IX-B. Sec. 2(3) of the Constitution,
corporation like the Food Terminal, Inc. falls officers and employees in the Civil Service may
within the jurisdiction of the Department of only be removed for cause as provided by
Labor and Employment or the Civil Service law and after observance of due process.
Commission? Decide and ratiocinate. (4%)
Their removal must be effected by the
SUGGESTED ANSWER: appropriate disciplinary authority in accordance with
The claim of the retrenched employees falls Ch. 7 secs. 47-48 of Book V of the
under the jurisdiction of the National Labor Administrative Code of 1987 and the Civil
Relations Commission and not under the Service Rules and Regulations.
jurisdiction of the Civil Service Commission. As held
in Lumanta v. National Labor Relations Receiving of Indirect Compensation (1997)
Commission, 170 SCRA 79, since Food No. 18; A, while an incumbent Governor of his
Terminal, Inc. was organized under the province, was invited by the Government of
Corporation Law and was not created by a Cambodia as its official guest. While there, the
special law in accordance with Section 2(1), sovereign king awarded Governor A with
Article IX-B of the Constitution, it is not covered by a decoration of honor and gifted him with a
the civil service. gold ring of insignificant monetary value,
both of which he accepted.
Jurisdiction over the GOCCs (2003)
No VII - A corporation, a holder of a certificate of Was Governor A's acceptance of the decoration
registration issued by the Securities and and gift violative of the Constitution?
Exchange Commission, is owned and SUGGESTED ANSWER:
controlled by the Republic of the Philippines. Yes, it violated Section 8, Article IX-B of the
The Civil Service Commission (CSC), in a Constitution. For his acceptance of the
decoration of honor and the gold ring from the abolition of offices) as distinguished from the
Government of Cambodia to be valid, Governor A reorganization of personnel which is what is
should first obtain the consent of Congress. referred to therein as "the reorganization
pursuant to Proclamation No. 3 dated March 25,
Security of Tenure (1988) 1986." For the power of the government to
No. 10: Exercising power he claims had been terminate the employment of elective and
granted him by the Executive Order on the appointive officials pursuant to Art. III, sec. 2 of
reorganization of the government, the Proclamation No. 3 (otherwise known as the
Commissioner of Customs summarily Provisional Constitution), through the
dismissed two hundred sixty-five officials and appointment or designation of their successors
employees of the Bureau of Customs. Most of has been repeatedly held to have ended on
the ousted employees appealed to the Civil February 2, 1987, when the new Constitution
Service Commission claiming their ouster took effect. (De Leon v. Esguerra, 153 SCRA
illegal. The Civil Service Commission, after 602 (1987); Reyes v. Ferrer G.R. No. 77801,
hearing, later ordered the Commissioner of Dec. 11, 1987; Osias v. Ferrer, G.R, No. 77049,
Customs to reinstate most of those dismissed. March 28, 1988), Moreover, such replacement of
Instead of following the order of the Civil incumbents can only be for cause as
Service Commission, Commissioner Mison prescribed by Executive Order No. 17, dated
intends to bring for review before the Supreme May 28, 1986. Since the summary dismissals in
Court, the same decision of the Commission. question are not for cause, the removal of the
Bureau of Customs officials violates art. IX, B,
1. If you were the counsel for sec, 2(3) of the Constitution.
the Commissioner of Customs, how would
you justify his dismissal of customs officials Security of Tenure (Q5-2005)
and employees? (3) Ricardo was elected Dean of the College of
2. If on the other hand, you were a counsel for Education in a State University for a term of five
the dismissed officials and employees, (5) years unless sooner terminated. Many
how would you sustain the order of the Civil were not pleased with his
Service Commission reinstating most of performance. To appease those critical of
them? State your reasons. him, the President created a new position,
SUGGESTED ANSWER: that of Special Assistant to the President
1. I would invoke the resolution in Jose v. with the rank of Dean, without reduction in
Arroyo, G.R. No. 78435, Aug. 11, 1987, in salary, and appointed Ricardo to said
which the Supreme Court held that under Art. position in the interest of the service.
XVIII, sec, 16 of the Constitution, career service Contemporaneously, the University
employees may be removed "not for cause but as a President appointed Santos as Acting Dean in
result of the reorganization pursuant to place of Ricardo. (5%)
Proclamation No. 3 dated March 25, 1986 and
the reorganization following the ratification of this (a) Does the phrase "unless sooner
Constitution." By virtue of this provision, it was terminated" mean that the position of
held that the reorganization of the Bureau of Ricardo is terminable at will?
Customs under Executive Order No, 127 may ALTERNATIVE ANSWER:
continue even after the ratification of the No, the term "unless sooner terminated"
Constitution, and career service employees could not mean that his position is terminable
may be separated from the service without at will. Security of tenure means that dismissal
cause as a result of such reorganization. should only be for cause, as provided by
law and not otherwise. (Palmera v. CSC, G.R.
2. I would argue that art. XVIII, sec. 16 does No. 110168, August 4, 1994)
not really authorize the removal of career
service employees but simply provides for the ALTERNATIVE ANSWER:
payment of separation, retirement, and other No, his position is not terminable at will.
benefits accruing to them under the applicable Ricardo's contract of employment has a fixed
laws. The reference to career service term of five years. It is not an appointment in an
employees separated "as a result of the acting capacity or as officer-in-charge. A
reorganization following the ratification of this college dean appointed with a term cannot be
Constitution" is only to those separated as a separated without cause. Ricardo, with a
result of reorganization of the structure and definite term of employment, may not thus be
functions of government (e.g., as a result of
removed except for cause. (Sta. Maria v. Each Electoral Tribunal shall be composed of
Lopez, G.R. No. L-30773, February 18,1970) NINE Members, three of whom shall be
Justices of the Supreme Court to be designated by
(b) Was Ricardo removed from his the Chief Justice, and the remaining six shall be
position as Dean of the College of Members of the Senate or the House of
Education or merely transferred to the Representatives, as the case may be, who shall be
position of Special Assistant to the chosen on the basis of proportional
President? Explain. representation from the political parties and the
SUGGESTED ANSWER: parties or organizations registered under the
Ricardo was removed from his position as party-list system represented therein. The
dean. Having an appointment with a fixed term, he senior Justice in the Electoral Tribunal shall be its
cannot, without his consent, be transferred Chairman (Article VI, Section 17,1987
before the end of his term. He cannot be asked to Constitution).
give up his post nor appointed as dean of
another college, much less transferred to Fair Election; Equal Space & Time in Media
another position even if it be dignified with a (1989)
dean's rank. More than this, the transfer was a No. 16: A COMELEC (COMELEC) resolution
demotion because deanship in a university, provides that political parties supporting a
being an academic position which requires common set of candidates shall be allowed to
learning, ability and scholarship, is more purchase jointly air time and the aggregate
exalted than that of a special assistant who amount of advertising space purchased for
merely assists the President, as the title campaign purposes shall not exceed that
indicates. The special assistant does not make allotted to other political parties or groups that
authoritative decisions unlike the dean who nominated only one set of candidates. The
does so in his own name and responsibility. The resolution is challenged as a violation of the
position of dean is created by law, while the freedom of speech and of the press. Is the
special assistant is not so provided by law; it was a resolution constitutionally defensible? Explain.
creation of the university president. (Sta. Maria SUGGESTED ANSWER:
v. Lopez, G.R. No. L-30773, February 18, Yes, the resolution is constitutionally defensible.
1970) Under Section 4, Article IX-C of the 1987
Constitution, during the election period the
Security of Tenure; Meaning (1999) COMELEC may supervise or regulate the
No IX - -What is the meaning and guarantee of media of communication or information to
security of tenure? (2%) ensure equal opportunity, time, and space
SUGGESTED ANSWER: among candidates with the objective of holding free,
According to Palmera v. Civil Service orderly, honest, peaceful, and credible
Commission, 235 SCRA 87, SECURITY OF elections. To allow candidates which are
TENURE means that no officer or employee in the supported by more than one political party to
Civil Service shall be suspended or purchase more air time and advertising space
dismissed except for cause as provided by law and than candidates supported by one political party
after due process. only will deprive the latter of equal time and
space in the media.
ARTICLE IX COMELEC ALTERNATIVE ANSWER:
No. Although the expenditure limitation applies
Electoral Tribunal; Functions &
only to the purchase of air time, thus leaving
Composition (Q5-2006)
political parties free to spend for other forms of
1. What is the function of the Senate Electoral campaign, the limitation nonetheless results in a
Tribunal and the House of Representatives direct and substantial reduction of the quantity of
Electoral Tribunal? (2.5%) political speech by restricting the number of
SUGGESTED ANSWER:
issues that can be discussed, the depth of their
Under Article VI, Section 17 of the discussion and the size of the audience that
1987 Constitution, the Senate and can be reached, through the broadcast media.
House of Representatives Electoral Tribunals Since the purpose of the Free Speech Clause is to
shall be the sole judge of all contests promote the widest possible dissemination of
relating to the election, returns, and information, and the reality is that to do this
qualifications of their respective Members. requires the expenditure of money, a limitation
on expenditure for this purpose cannot be
2. What is the composition of each? (2.5%)
justified, not even for the purpose of equalizing
SUGGESTED ANSWER:
the opportunity of political candidates. This is Court, from the decision of the COMELEC First
the ruling in Buckley vs. Valeo, 424 U.S. 1 Division? If yes. Why? If not what
(1976), which invalidated a law limiting the procedural step must he undertake first? ( 5%)
expenditures of candidates for campaigning in SUGGESTED ANSWER:
the United States. In the Philippines, a provision of "A" cannot file a petition for certiorari with the
the Tañada-Singson Law, limiting the period for Supreme Court. As held in Mastura vs.
campaigning, was nearly invalidated on this same COMELEC, 285 SCRA 493 (1998), the
principle, except that the majority of court lacked Supreme Court cannot review the decisions or
one more vote to make their decision effective. resolutions of a division of the COMELEC. "A"
(See Gonzalez vs. Comelec, 27 SCRA 835 should first file a motion for reconsideration with the
(1969). COMELEC en banc.
Grant of Pardon in Election Offenses (1991) Removal from Office; Commissioners (1998)
No. 11 - In connection with the May 1987 No IX. - Suppose a Commissioner of the
Congressional elections, Luis Millanes was COMELEC is charged before the
prosecuted for and convicted of an election Sandiganbayan for allegedly tolerating violation of
offense and was sentenced to suffer the election laws against proliferation of
imprisonment for six years. The court did not prohibited billboards and election propaganda
impose the additional penalty of disqualification to with the end in view of removing him from
hold public office and of deprivation of the right office. Will the action prosper? [5%]
of suffrage as provided for in Section 164 of the SUGGESTED ANSWER:
Omnibus Election Code of the Philippines (B.P. Blg. No, the action will not prosper. Under Section 8,
881). Article XI of the Constitution, the
Commissioners of the COMELEC are
In April 1991, the President granted him removable by IMPEACHMENT. As held in the
absolute pardon on the basis of a case of In re Gonzales. 160 SCRA 771, 774-
strong recommendation of the Board of 775, a public officer who is removable by
Pardons and Parole. impeachment cannot be charged before the
Sandiganbayan with an offense which carries
Then for the election in May 1992, Luis Millanes with it the penalty of removal from office unless he
files his certificate of candidacy for the office of is first impeached. Otherwise, he will be
Mayor in his municipality. removed from office by a method other than
Impeachment.
(a) What is the effect of the failure of the court
to impose the additional penalty? Right to Vote; Jurisdiction (2001)
(b) Is the pardon valid? No II - Let us suppose that Congress enacted a law
SUGGESTED ANSWER: which amended the Omnibus Election Code
(a) No need to expressly impose – they (particularly Sections 138, 139, 142, 143) by
are accessory penalties. vesting , in the COMELEC the jurisdiction over
inclusion and exclusion cases filed by voters,
(b) The pardon is void, since Luis Millanes was instead of in the courts (MTC, then RTC).
convicted for the commission of an election Is the law valid or not, and why? (5%)
offense and his pardon was not made upon the SUGGESTED ANSWER:
recommendation of the COMELEC. Under The law granting the COMELEC jurisdiction
Article IX, C, Sec. 5 of the Constitution, no over inclusion and exclusion cases is
pardon for violation of an election law may unconstitutional. Under Section 2(3), Article IX- C of
be granted without the favorable the Constitution, the COMELEC cannot decide
recommendation of the COMELEC the right to vote, which refers to the inclusion
and exclusion of voters. Under Section 2(6),
Judicial Review of Decisions (2001) Article IX-C of the Constitution, it can only file
No XVI - In an election protest involving the petitions in court for inclusion or exclusion of
position of Governor of the Province of Laguna voters.
between "A", the protestee, and "B", the
protestant, the First Division of the COMELEC Election Laws
rendered a decision upholding B's protest 2nd Placer Rule (2003)
No VIII - In the municipal mayoralty elections in
Can "A" file a petition for certiorari with the
1980, the candidate who obtained the highest
Supreme Court under Rule 65 of the Rules of number of votes was subsequently declared to
be disqualified as a candidate and so ineligible b) If the second-placer in the gubematorial
for the office to which he was elected. elections files a quo warranto suit against
Would this fact entitle a competing Nicasio and he is found to be disqualified
candidate who obtained the second highest from office, can the second-placer be sworn
number of votes to ask and to be proclaimed into office as governor?
the winner of the elective office? Reasons. c) If, instead, Nicasio had been born (of the
SUGGESTED ANSWER: same set of parents) in the United States
According to Trinidad v. COMELEC. 315 SCRA 175 and he thereby acquired American
[1999], if the candidate who obtained the citizenship by birth, would your answer
highest number of votes is disqualified, the be different?
candidate who obtained the second highest SUGGESTED ANSWER:
number of votes cannot be proclaimed the a) No, Nicasio no longer possesses Philippine
winner. Since he was not the choice of the citizenship. ...
people, he cannot claim any right to the office.
b) In accordance with the ruling in Abella us.
2nd Placer Rule (1990) COMELEC, 201 SCRA 253, the second placer
No. 7: A filed a protest with the House Electoral cannot be sworn to office, because he lost
Tribunal questioning the election of B as the election. To be entitled to the office, he
Member of the House of Representatives in the must have garnered the majority or plurality
1987 national elections on the ground that B is not of the votes.
a resident of the district the latter is
representing. While the case was pending. B c) Yes because he will be a dual citizen ...
accepted an ad-interim appointment as
Secretary of the Department of Justice. 2nd Placer Rule; Rule of Succession (1996)
No. 13: 1) A and B were the only candidates
(1) May A continue with his election protest in for mayor of Bigaa, Bulacan in the May
order to determine the real winner in the 1995 local elections. A obtained 10,000
said elections? State your reason. votes as against 3,000 votes for B. In
(2) Can A, who got the second highest number the same elections, X got the highest
of votes in the elections, ask that he number of votes among the candidates
be proclaimed elected in place of B? Explain for the Sangguniang Bayan of the same
your answer. town. A died the day before his proclamation.
SUGGESTED ANSWER: a) Who should the Board of Canvassers
(1) No, A may not continue with his protest. .... proclaim as elected mayor, A, B or
X? Explain,
(2) No, A cannot ask that he be proclaimed b) Who is entitled to discharge the functions of
elected in place of B. The votes cast for B the office of the mayor, B or X? Explain.
were not invalid votes. Hence, A garnered only the SUGGESTED ANSWER:
second highest number of votes. Only the In accordance with Benito vs. COMELEC, 235
candidate who obtained the majority or plurality of SCRA 436, it is A who should be proclaimed as
the votes is entitled to be proclaimed elected. On winner, because he was the one who obtained the
this ground, it was held in Labo v. highest number of votes for the position of
COMELEC, 176 SCRA 1, that the fact that the mayor, but a notation should be made that he
candidate who obtained the highest number of died for the purpose of applying the rule on
votes is not eligible does not entitle the succession to office. B cannot be proclaimed,
candidate who obtained the second highest because the death of the candidate who
number of votes to be proclaimed the winner. obtained the highest number of votes does not
entitle the candidate who obtained the next
2nd Placer Rule; in Quo Warranto Cases highest number of votes to be proclaimed the
(1992) winner, since he was not the choice of the
No. 16: Edwin Nicasio, born in the electorate. X is not entitled to be proclaimed
Philippines of Filipino parents and raised in the elected as mayor, because he ran for the
province of Nueva Ecija, ran for Governor of Sangguniang Bayan.
his home province. He won and he was sworn
into office. It was recently revealed, however, Neither B nor X is entitled to discharge the
that Nicasio is a naturalized American citizen. functions of the office of mayor. B is not entitled to
a) Does he still possess Philippine citizenship? discharge the office of mayor, since he was
defeated in the election. X is not entitled to
discharge the office of mayor. Under Section 44 and he receives the winning number of votes,
of the Local Government Code, it is the the hearing on the question of disqualification
vice mayor who should succeed in should continue. Upon motion of the
case of permanent vacancy in the office of complainant or any intervenor, the court or the
the mayor. It is only when the position of COMELEC may order the suspension of the
the vice mayor is also vacant that the proclamation of the winning candidate if the
member of the Sangguniang Bayan who evidence of his guilt is strong.
obtained the highest number of votes will
succeed to the office of mayor. Disualifications (1999)
No V - A.2. Under the Local Government
Appreciation of Ballots (1994) Code, name four persons who are disqualified
No. 3; If a candidate for town mayor is from running for any elective position. (2%)
an engineer by profession, should votes for SUGGESTED ANSWER:
him with the prefix "Engineer" be A2.) Under Section 40 of the Local Government
invalidated as "marked ballots"? Code, the following are disqualified
SUGGESTED ANSWER: from running for any local elective position:
3) No, a ballot in which the name of a 1) Those sentenced by final judgment for
candidate for town mayor who is an engineer an offense involving moral turpitude or
which is prefixed with "engineer" should not be for an offense punishable by one (1) year
invalidated as a marked ballot. Under Rule No. 12 or more of imprisonment, within two (2)
of the rules for the appreciation of ballots, years after serving sentence;
ballots which contain such prefixes are valid. 2) Those removed from office as a result of an
administrative case;
Disqualification; Grounds (1991) 3) Those convicted by final judgment
No. 11 - In connection with the May 1987 for violating the oath of allegiance to
Congressional elections, Luis Millanes was the Republic of the Philippines;
prosecuted for and convicted of an election 4) Those with dual citizenship;
offense and was sentenced to suffer 5) Fugitives from justice in criminal or non-
imprisonment for six years. The court did not political cases here or abroad;
impose the additional penalty of disqualification to 6) Permanent residents in a foreign country or
hold public office and of deprivation of the right those who have acquired the right to reside
of suffrage as provided for in Section 164 of the abroad and continue to avail of the
Omnibus Election Code of the Philippines (B.P. Blg. same right after the effectivity of the
881). Local Government Code; and
7) The insane or feeble-minded.
In April 1991, the President granted him
absolute pardon on the basis of a Effect of Filing of Certificate of Candidacy;
strong recommendation of the Board of Appointive Officer vs Elective Officer (2002)
Pardons and Parole. No XIII. A, a City Legal Officer, and B, a
Then for the election in May 1992, Luis Millanes City Vice-Mayor, filed certificates of
files his certificate of candidacy for the office of candidacy for the position of City Mayor in the
Mayor in his municipality. May 14, 2001 elections.
(c) Is a petition to disqualify Millanes viable? a) Was A ipso facto considered resigned and,
(d) What are the effects of a petition if so, effective on what date? (2%)
to disqualify? b) Was B ipso facto considered resigned and,
SUGGESTED ANSWER: if so, effective on what date? (3%)
(c) In accordance with Sec. 68 of the Omnibus In both cases, state the reason or reasons
Election Code, Luis Millanes may for your answer.
be disqualified from running for mayor as SUGGESTED ANSWER:
he was convicted of an election offense. A) A was considered ipso facto resigned
upon the filing of his certificate of candidacy,
(d) Under Sec. 6 of the Electoral Reforms Law, any because being a City Legal Officer, he is
candidate who has been declared by final an appointive official. Section 66 of the
judgment to be disqualified shall not be voted Omnibus Election Code provides that any
for, and votes cast for him shall not be counted. person holding a public appointive office shall
be considered ipso facto resigned upon the
If before the election he is not declared by final filing of his certificate of candidacy.
judgment to be disqualified and he is voted for
B) B is not considered ipso facto resigned. (b) The answer is the same if Pedro Reyes is a
Section 67 of the Omnibus Election Congressman of Quezon City, because
Code considers any elective official the repeal of Section 67 of the Omnibus
ipso facto resigned from office upon his Election Code covers both elective national
filing of a certificate of candidacy for any and local officials.
office other than the one he is holding
except for President and Vice-President, Election Offenses; Conspiracy to Bribe
was repealed by the Fair Election Act Voters (1991)
No. 12: Discuss the disputable presumptions
Effect of Filing of Certificate of (a) of conspiracy to bribe voters and (b) of the
Candidacy; Fair Election Act (2003) involvement of a candidate and of his principal
No X - (a) Pedro Reyes is an incumbent Vice- campaign managers in such conspiracy.
Mayor of Quezon City. He intends to run in the SUGGESTED ANSWER:
regular elections for the position of City Mayor (a) Under Sec, 28 of the Electoral Reforms
of Quezon City whose incumbent mayor would have Law proof that at least one voter in different
fully served three consecutive terms by 2004. precincts representing at least twenty per cent
Would Pedro Reyes have to give up his of the total precincts in any municipality, city or
position as Vice-Mayor- province was offered, promised or given
(1) Once he files his certificate money, valuable consideration or other
of candidacy; or expenditure by the relatives, leader or
(2) When the campaign period starts; or sympathizer of a candidate for the purpose of
(3) Once and if he is proclaimed winner promoting the candidacy of such candidate,
in the election; or gives rise to a disputable presumption of
(4) Upon his assumption to the conspiracy to bribe voters.
elective office; or
(5) None of the above. (b) Under Sec. 28 if the proof affects at least 20%
Choose the correct answer of the precincts of the municipality, city or province
to which the public office aspired for by the
(b) If Pedro Reyes were, instead, an incumbent favored candidate relates, this shall constitute
Congressman of Quezon City, who intends to a disputable presumption of the involvement
seek the mayoralty post in Quezon City, would your of the candidate and of his principal
choice of answer in no.(1) above be the same? campaign managers in each of the municipalities
If not, which would be your choice? concerned, in the conspiracy.
SUGGESTED ANSWER: Election Protest (1990)

(a) The correct answer is (5). Section 14 of the Fair No. 7: A filed a protest with the House Electoral
Election Act repealed Section 67 of the Tribunal questioning the election of B as
Omnibus Election Code, which provided that any Member of the House of Representatives in the
elected official, whether national or local, who 1987 national elections on the ground that B is not
runs for any office other than the one he is holding a resident of the district the latter is
in a permanent capacity, except for President representing. While the case was pending. B
and Vice President, shall be considered accepted an ad-interim appointment as
ipso facto resigned from his office upon the Secretary of the Department of Justice.
filing of his certificate of candidacy. Section 14 (1) May A continue with his election protest in
of the Fair Election Act likewise rendered order to determine the real winner in the
ineffective the first proviso in the third paragraph of said elections? State your reason.
Section 11 of Republic Act No. 8436. SUGGESTED ANSWER:
(1) No, A may not continue with his protest.
There is no dispute as to who was the winner in the
Consequently, Pedro Reyes can run for election, as it is not disputed that it was B who
Mayor without giving up his position as Vice- obtained the majority. The purpose of the protest
Mayor. He will have to give up his position as is simply to seek the removal of B from office on
Vice-Mayor upon expiration of his term as the ground that he is ineligible. However, B
Vice-Mayor on June 30, 2004. forfeited his claim to the position of congressman
(Note: The question did not ask the examinee by accepting an ad interim appointment as
to explain the reason for his choice and Secretary of Justice, the protest against him has
the general instructions requires such become moot. Nothing will be gained by resolving
discussion only to a "yes" or "no" answer.) it. In the case of Purisima v.

Solis, 43 SCRA 123, it was held that where a a) the barangay?
protestant in an election case accepted his b) the municipality?
appointment as judge, he abandoned his claim to c) the province?
the public office involved in the protest. d) the city?
Hence, the protest must be dismissed for e) the House of Representatives?
having become moot. Similarly, in Perez v SUGGESTED ANSWER:
Provincial Board of Nueva Ecija, 113 SCRA 1) In accordance with Section 2(2), Article IX-C of
187, it was held that the claim of a petitioner to an the Constitution an election protest involving the
appointive office had become moot, because the elective position enumerated below should be
petitioner had forfeited his claim to the office by filed in the following courts or tribunals:
filing a certificate of candidacy for mayor. a) Barangay - Metropolitan Trial
Court, Municipal Circuit Trial
Election Protest vs. Quo Warranto (2001) Court, or Municipal Trial Court
No XVII - Under the Omnibus Election b) Municipality - Regional Trial Court
Code (B.P. 881, as amended), briefly c) Province - COMELEC
differentiate an election protest from a quo d) City - COMELEC
warranto case, as to who can file the case e) Under Section 17. Article VI of the
and the respective grounds therefor. (5%) Constitution, an election protest
SUGGESTED ANSWER; involving the position of Member of the
An ELECTION PROTEST maybe filed by a House of Representatives shall be filed in
losing candidate for the same office for which the House of Representatives
the winner filed his certificate of candidacy. A Electoral Tribunal.
QUO WARRANTO CASE may be filed by any
voter who is a registered voter in the Expiration of term bars service thereof
constituency where the winning candidate (2000)
sought to be disqualified ran for office. No XVI. In the elections of May 1992, Cruz and
Santos were the candidates for the office of
In an election contest, the issues are: (a) who Municipal Mayor, the term of which was to
received the majority or plurality of the votes expire on June 30, 1995. Finding that he won
which were legally cast and (b) whether there by a margin of 20 votes, the Municipal Board of
were irregularities in the conduct of the election Canvassers proclaimed Cruz as the duly
which affected its results. elected Mayor. Santos filed an election protest
before the Regional Trial Court (RTC) which
In a quo warranto case, the issue is whether decided that it was Santos who had the plurality of
the candidate who was proclaimed elected 30 votes and proclaimed him the winner. On motion
should be disqualified because of made, the RTC granted execution pending the
ineligibility or disloyalty to the Philippines. appeal of Cruz to the COMELEC (Comelec) and
on this basis. Santos assumed office and served
Election Protest vs. Quo Warranto (Q5-2006) as Municipal Mayor. In time, the Comelec
Differentiate an election protest from an reversed the ruling of the RTC and instead ruled
action for quo warranto. (2.5%) that Cruz won by a margin of 40 votes and
SUGGESTED ANSWER: proclaimed him the duly elected Municipal
An ELECTION PROTEST is a proceeding Mayor.
whereby a losing candidate for a particular a) It is now beyond June 30, 1995.
position contests the results of the election on Can Cruz still hold office for the portion of
grounds of fraud, terrorism, irregularities or the term he has failed to serve? Why? (3%)
illegal acts committed before, during or after the SUGGESTED ANSWER;
casting and counting of votes. On the other a) As held in Malaluan v. COMELEC,
hand, a PETITION FOR QUO WARRANTO is 254 SCRA 397 (1996). Cruz can no longer
filed by any registered voter to contest the hold office for the portion of the term he
election of any candidate on grounds of failed to serve since his term has expired.
ineligibility or disloyalty to the Republic of the
Philippines. Petition to Declare Failure of
Elections; Requisites & Effects (1995)
Election Protest; Jurisdiction (1996) No. 6: Due to violence and terrorism attending
No, 14: 1) As counsel for the protestant, the casting of votes in a municipality in Lanao
where will you file an election protest del Sur during the last 8 May 1995 elections, it
involving a contested elective position in: became impossible to hold therein free, orderly

and honest elections. Several candidates for prevented from casting their votes. The
municipal positions withdrew from the race. COMELEC dismissed the pre-proclamation
One candidate for Mayor petitioned the contest on the ground that all the returns
COMELEC for the postponement of the appear complete and untampered.
elections and the holding of special elections
after the causes of such postponement or Determine if the COMELEC decided
failure of elections shall have ceased. correctly and if "B" has any recourse for
contesting "A's" election.
1. How many votes of the SUGGESTED ANSWER:
COMELEC Commissioners may be cast The COMELEC correctly dismissed "B's" PRE-
to grant the petition? Explain. PROCLAMATION CONTEST. Such a contest is
limited to claims that the election returns are
2. A person who was not a candidate at incomplete or that they contain material defects or
the time of the postponement of the that they have been tampered with, falsified or
elections decided to run for an elective position prepared under duress or that they contain
and filed a certificate of candidacy prior to discrepancies in the votes credited to the
the special elections. May his certificate of candidates, the difference of which affects the
candidacy be accepted? Explain. result of the election. (Omnibus Election Code,
sees. 243, 234-236)
3. Suppose he ran as a substitute for
a candidate who previously withdrew On the other hand, the question whether or not
his candidacy, will your answer be the there was terrorism, vote buying and other
same? Explain. irregularities in the elections cannot be the
SUGGESTED ANSWER: subject of a pre-proclamation contest but must
1. According to Section 7, Article IX-A of the be raised in a regular election protest. (Sanchez v.
1987 Constitution, the COMELEC shall decide COMELEC, GR. No. 78461; Ponce Enrile v.
by a MAJORITY VOTE of all its members any COMELEC, G.R. Nos. 79146 & 79212, Aug. 12,
case or matter brought before it In Cua vs. 1987; Abes v. COMELEC, 21 SCRA 1252
COMELEC, 156 SCRA582, the Supreme Court (1967) ) Since the basis of "B's" petition is that his
stated that a two-to-one decision rendered by a followers had been bought while others had been
Division of the COMELEC and a three-to-two prevented from casting their ballots, his remedy
decision rendered by the COMELEC en banc is to file an election contest and this should be
was valid where only five members took part in brought in the House or Senate Electoral
deciding the case. Tribunal which, under Art. VI, Sec. 17, is the sole
judge of the election, returns and qualifications
2. No, his certificate of candidacy cannot of members of each House of Congress.
be accepted. Under Section 75 of the
Omnibus Election Code, as a rule in
cases of postponement or failure of Pre-Proclamation Contest (1988)
election no additional certificate of No. 18: In election law, what is a pre-
candidacy shall be accepted. proclamation controversy? Where may it
be litigated with finality? After the ultimate
3. No, the answer will be different. Under winner has been duly proclaimed, does the
Section 75 of the Omnibus Election Code, an loser still have any remedy to the end than he
additional certificate of candidacy may be may finally obtain the position he aspired
accepted in cases of postponement or failure of for in the election? Explain.
election if there was a substitution of SUGGESTED ANSWER:
candidates; but the substitute must belong to A PRE-PROCLAMATION CONTROVERSY
and must be endorsed by the same party. refers to any question pertaining to or affecting the
proceedings of the board of canvassers which
Pre-Proclamation Contest (1987) may be raised by any candidate or by any
No. VII: "A" and "B" were candidates for registered political party or coalition of
representatives in the 1987 National Elections, political parties before the board or directly with the
"B" filed a pre-proclamation contest with the COMELEC, or any matter raised under secs.
COMELEC on the ground that rampant vote 233-236 of the Omnibus Election Code in relation
buying and terrorism accompanied the to the preparation, transmission, receipt,
elections. Particulars were supplied of "B's" custody or appreciation of the election returns.
followers bought-off and other followers (Omnibus Election Code, sec, 241).

prejudice to the filing of an election protest.
The COMELEC has exclusive jurisdiction of all However, the proceedings may continue
pre-proclamation controversies. (Id., sec. when on the basis of the evidence
241) Its decisions become executory after presented so far, the COMELEC or
the lapse of 5 days from receipt by the losing the Supreme Court determines that the
party of the decision, unless restrained by petition appears to be meritorious.
the Supreme Court. (Id., sec. 246) (Section 16, Republic Act No. 7166)
A loser may still bring an election contest (B) ELECTION CONTESTS

concerning the election, returns, and An election protest is initiated by filing a protest
qualifications of the candidate proclaimed. In the containing the following allegations:
case of elective barangay officials, the 1. The protestant is a candidate who duly filed
contest may be filed with the municipal trial a certificate of candidacy and was voted for
courts; in the case of elective municipal in the election:
officials, in the Regional Trial Court; in the case of 2. The protestee has been proclaimed; and
elective provincial and city officials, in the 3. The date of the proclamation, (Miro
COMELEC (Art. IX, C, sec. 2(2)); in the case of vs. COMELEC, 121 SCRA 466)
Senators or Congressmen, in the Senate or
House Electoral Tribunals (Art. VI, sec. 17); and in The following have jurisdiction over
the case of the President and Vice President, in the election contests:
Presidential Electoral Tribunal. (Art. VII, sec. 4). a) Barangay officials - Inferior Court;
b) Municipal officials - Regional
Trial Court;
Pre-Proclamation Contest vs. c) Regional, provincial, and city officials
Election Contests (1997) - COMELEC (Section 2(2), Art. IX-C
No, 17: State how (a) pre- of the Constitution);
proclamation controversies, on the one hand, d) Congressman - House
and (b) election protests, on the other, are of Representatives Electoral Tribunal.
initiated, heard and finally resolved. e) Senators - Senate Electoral Tribunal.
SUGGESTED ANSWER: (Section 1. Article VI of
(A) PRE-PROCLAMATION CONTROVERSIES the Constitution);
a) Questions affecting the composition f) President and Vice President
or proceedings of the board of - Supreme Court (Section 4, Article VII
canvassers may be initiated in of the Constitution).
the board of canvassers or
directly with the COMELEC. The decision of the inferior court in election
b) Questions involving the election returns contests involving barangay officials and of the
and the certificates of canvass shall be Regional Trial Court in election contests
brought in the first instance before involving municipal officials are appealable to the
the board of canvassers only, COMELEC. (Section 2(2). Article IX-C of the
(Section 17, Republic Act No, 2166.) Constitution.) The decision of the
c) The board of canvassers should rule on COMELEC may be brought to the Supreme
the objections summarily. (Section Court on certiorari on questions of law. (Rivera vs.
20, Republic Act No. 7166.) COMELEC, 199 SCRA 178)
d) Any party adversely affected
may appeal to the COMELEC. The decision of the COMELEC in election
(Section 20. Republic Act No. 7166.) contests involving regional, provincial and city
e) The decision of the Commission officials may be brought to the Supreme Court
on Election may be brought to on certiorari (Section 7, Article IX-A and Section
the Supreme Court on certiorari 2(2), Article IX-C of the Constitution.)
by the aggrieved party, (Section 7,
Article IX-A of the Constitution.) The decisions of the Senate Electoral
Tribunal and of the House of
All pre-proclamation controversies pending Representatives Electoral Tribunal may be
before the COMELEC shall be deemed elevated to the Supreme Court on certiorari
terminated at the beginning of the term of the if there was grave abuse of discretion.
office involved and the rulings of the board of (Lazatin vs COMELEC 168 SCRA 391)
canvassers shall be deemed affirmed, without
Pre-Proclamation Contest; Proper Issues prepare the affidavit in accordance with the
(1996) data supplied by the applicant. (Id., sec. 127)
No, 14: 2) Give three issues that can
be properly raised and brought in a Process; Principle of Idem Sonans (1994)
pre- proclamation contest. No. 3; 1) What is your understanding of
SUGGESTED ANSWER: the principle of idem sonans as applied
2) According to Section 243 of the in the Election Law?
Omnibus Election Code, the following SUGGESTED ANSWER:
issues can be properly raised. 1) Under Rule No. 7 of the rules for the
1. The composition or proceedings of appreciation of ballots in Section 211 of the
the board of canvassers are illegal; Omnibus Election Code, the idem sonans rule
2. The canvassed election returns means that a name or surname incorrectly
are incomplete, contain material written which, when read, has a sound similar
defects, approved to be tampered with, to the name or surname of a candidate when
or contain discrepancy in the same returns correctly written shall be counted in his favor.
or in other authenticated copies; ALTERNATIVE ANSWERS:
3. The election returns were prepared a) Idem sonans literally means the same or
under duress, threats, coercion, or similar sound. This principle is made manifest in
intimidation, or they are obviously one of the rules for the appreciation of ballots
manufactured or not authentic; and embodied in the Omnibus Election Code (Sec.
4. Substitute or fraudulent returns 211, BP 881) stating that "A name or surname
in controverted polling places incorrectly written which when read, has a
were canvassed, the results of which sound similar to the name or surname of a
materially affected the standing of the candidate when correctly written shall be
aggrieved candidate or candidates. counted in his favor. Thus, if the name as
spelled in the ballot, though different from the
However, according to Section 15 of the correct spelling thereof, conveys to the ears
Synchronized Election Law no pre-proclamation when pronounced according to the commonly
cases shall be allowed on matters relating to accepted methods, a sound practically Identical with
the preparation, transmission, receipt, custody the sound of the correct name as
and appreciation of the election returns or the commonly pronounced, the name thus given is a
certificates of canvass with respect to the sufficient designation of the person referred to.
positions of President, Vice-President, Senator The question whether one name is idem sonans
and Member of the House of Representatives. with another is not a question of spelling
No pre-proclamation case are allowed in the but of pronunciation. (Mandac v. Samonte,
case of barangay elections. 49 Phil. 284). Its application is aimed at
realizing the objective of every election which
Process; Illiterate Voters (1987) is to obtain the expression of the voters will.
No. XII: "A", while of legal age and of sound
mind, is illiterate. He has asked your advice on how
he can vote in the coming election for his b) The term means sounding the same or
brother, who is running for mayor. This will be nearly alike. The rule is based on the Idea that
the first time "A" will vote and he has never the misspelling of a name or lack of skill in
registered as a voter before. What advice will writing should not be taken as a ground for
you give him on the procedure he needs to rejecting the votes apparently intended for a
follow in order to be able to vote? candidate, so long as the intention of the voter
SUGGESTED ANSWER: appears to be clear. The Supreme Court
The Constitution provides that until Congress has ruled that the principle of idem
shall have provided otherwise, illiterate and sonans is liberally construed. Corpuz v. Ibay,
disabled voters shall be allowed to vote under 84 Phil. 184 (1949).
existing laws and regulations (Art, V, Sec. 2). It is
necessary for any qualified voter to register in order Process; Stray Ballot (1994)
to vote. (Omnibus Election Code, Sec. 115) In No. 3; 2) What is a "stray ballot"?
the case of illiterate and disabled voters, their SUGGESTED ANSWER:
voter's affidavit may be prepared by any relative 2) Under Rule No. 19 of the rules for the
within the fourth civil degree of appreciation of ballots in Section 211 of the
consanguinity or affinity or by any member of Omnibus Election Code, stray ballot is one cast in
the board of election inspectors who shall favor of a person who has not filed a

certificate of candidacy or in favor of a Decide whether the disqualification case will
candidate for an office for which he did not prosper or not. (5%)
present himself. Although the Code does SUGGESTED ANSWER:
not provide for stray ballot, it is presumed that The disqualification case should be dismissed.
stray ballot refers to stray vote. As held in Borja vs. COMELEC, 295 SCRA157
(1996), in computing the three-term limitation
Recall (2002) imposed upon elective local officials, only the
No XVI. Suppose the people of a province want term for which he was elected to should be
to recall the provincial governor before the end considered. The term which he served as a
of his three-year term of office, result of succession should not be included. It is not
A. On what ground or grounds can the enough that the official has served three
provincial governor be recalled? (1%) consecutive terms. He must have been elected to
B. How will the recall be initiated? (2%) the same position three consecutive times.
C. When will the recall of an elective
local official be considered effective? {2%} Three-Term Limit; from Municipality
SUGGESTED ANSWER: to Newly-Created City (Q9-2005)
In accordance with Section 69 of the Local 2. Manuel was elected Mayor of the
Government Code, the Governor can Municipality of Tuba in the elections of 1992,
be recalled for LOSS OF CONFIDENCE. 1995 and 1998. He fully served his first two
terms, and during his third term, the muni-
Under Section 70 of the Local Government cipality was converted into the component City
Code, the recall may be initiated by a resolution of Tuba. The said charter provided for a hold-
adopted by a majority of all the members of the over and so without interregnum Manuel went
preparatory recall assembly, which consists of all on to serve as the Mayor of the City of Tuba.
the mayors, the vice-mayors, and the
sangguniang members of the municipalities and In the 2001 elections, Manuel filed his
component cities, or by a written petition signed by certificate of candidacy for City Mayor. He
at least twenty-five per cent (25%) of the total disclosed, though, that he had already served
number of registered voters in the for three consecutive terms as elected Mayor
province. when Tuba was still a municipality. He also
stated in his certificate of candidacy that he is
According to Section 72 of the Local running for the position of Mayor for the first
Government Code, the recall of an elective time now that Tuba is a city.
local official shall take effect upon the election
and proclamation of a successor in the person Reyes, an adversary, ran against Manuel and
of the candidate receiving the highest number of petitioned that he be disqualified because he
votes cast during the election on recall. had already served for three consecutive terms as
Mayor. The petition was not timely acted upon,
Three-Term Limit Rule (2001) and Manuel was proclaimed the winner with
No XIX - In the May 1992 elections, Manuel 20,000 votes over the 10,000 votes received
Manalo and Segundo Parate were elected as by Reyes as the only other candidate. It was only
Mayor and Vice Mayor, respectively. Upon the after Manuel took his oath and assumed office
death of Manalo as incumbent municipal mayor, that the COMELEC ruled that he was
Vice Mayor Segundo Parate succeeded as disqualified for having ran and served for three
mayor and served for the remaining portion of consecutive terms. (5%)
the term of office. In the May 1995 election,
Segundo Parate ran for and won as mayor and then (a) As lawyer of Manuel, present the
served for the full term. In the May 1998 possible arguments to prevent his
elections, Parate ran for reelection as Mayor disqualification and removal.
and won again. In the May 2001 election,
Segundo Parate filed his certificate of SUGGESTED ANSWER:
candidacy for the same position of mayor, but As lawyer of Manuel, I would argue that he
his rival mayoralty candidate sought his should not be disqualified and removed
disqualification alleging violation of the three- because he was a three-term mayor of the
term limit for local elective officials provided for in municipality of Tuba, and, with its conversion to a
the Constitution and in the Local Government Code. component city, the latter has a totally
separate and different corporate personality
from that of the municipality. Moreover, as a
rule, in a representative democracy, the people particular election. The permanent vacancy
should be allowed freely to choose those who in the contested office should be filled
will govern them. Having won the elections, the by succession. (Labo v. COMELEC, G.R.
choice of the people should be respected. No. 105111, July 3,1992)
(b) How would you rule on whether or not ALTERNATIVE ANSWER:
Manuel is eligible to run as Mayor of Reyes could not be proclaimed as winner
the newly-created City of Tuba because he did not win the election. To allow
immediately after having already the defeated candidate to take over the
served for three (3) consecutive terms as Mayoralty despite his rejection by the electorate is
Mayor of the Municipality of Tuba? to disenfranchise the electorate without any fault
on their part and to undermine the
SUGGESTED ANSWER: importance and meaning of democracy and the
Manuel is not eligible to run as mayor of the city of people's right to elect officials of their choice.
Tuba. The 1987 Constitution specifically (Benito v. COMELEC, G.R. No. 106053, August 17,
included an exception to the people's freedom to 1994)
choose those who will govern them in order to
avoid the evil of a single person
accumulating excessive power over a particular Vacancy; Effect of Vice-Mayor Acting As
territorial jurisdiction as a result of a prolonged Mayor (2002)
stay in the same office. To allow Manuel to vie for No XIV. Suppose A, a Municipal Mayor, went on
the position of city mayor after having a sick leave to undergo medical treatment for a
served for three consecutive terms as a period of four (4) months. During that time
municipal mayor would obviously defeat the A. Will B, the Municipal Vice-Mayor, be
very intent of the framers when they wrote this performing executive functions? Why? (2%)
exception. Should he be allowed another three B. Will B at the same time be also performing
consecutive terms as mayor of the City of Tuba, legislative functions as presiding officer
Manuel would then be possibly holding office as of the Sangguniang Bayan? Why? (3%)
chief executive over the same territorial SUGGESTED ANSWER:
jurisdiction and inhabitants for a total of A. Since the Municipal Mayor is temporarily
eighteen consecutive years. This is the very incapacitated to perform his duties,
scenario sought to be avoided by the in accordance with Section 46(a) of the
Constitution, if not abhorred by it. (Latasa v. Local Government Code, the Municipal
COMELEC, G.R. No. 154829, December 10, Vice-Mayor shall exercise his powers and
2003) perform his duties and functions. The
Municipal Vice-Mayor will be performing
(c) Assuming that Manuel is not an
executive functions, because the functions
eligible candidate, rebut Reyes' claim of the Municipal Mayor are executive.
that he should be proclaimed as
winner having received the next higher B. The Municipal Vice-Mayor cannot continue as
number of votes. presiding officer of the Sangguniang Bayan while
he is acting Municipal Mayor. In accordance
ALTERNATIVE ANSWER: with Gamboa v. Aguirre, 310 SCRA 867 (1999),
Reyes cannot be proclaimed winner for under the Local Government Code, the Vice-
receiving the second highest number of votes. Municipal Mayor was deprived of the power to
The Supreme Court has consistently ruled that the preside over the Sangguniang Bayan and is no
fact that a plurality or a majority of the votes are longer a member of it. The temporary vacancy in
cast for an ineligible candidate at a popular election, the office of the Municipal Mayor creates a
or that a candidate is later declared to be corresponding temporary vacancy in the Office of
disqualified to hold office, does not entitle the the Municipal Vice-Mayor when he acts as
candidate who garnered the second highest number Municipal Mayor. This constitutes inability on his
of votes to be declared elected. The same part to preside over the sessions of the
merely results in making the winning Sangguniang Bayan.
candidate's election a nullity. In the present
case, 10,000 votes were cast for private Vacancy; Rule of Succession (1995)
respondent Reyes as against the 20,000 votes cast No. 7: The Vice Mayor of a municipality filed his
for petitioner Manuel. The second placer is certificate of candidacy for the same office in
obviously not the choice of the people in this the last elections. The Municipal Mayor was
also running for re-election. Both were SUGGESTED ANSWER:
official candidates of the same political party. As held in Farinas v. Barba, 256 SCRA 396
After the last day for the filing of certificates of (1996), neither of the appointments is valid.
candidacy, the Mayor died. Under these facts - Under Section 45 of the Local Government
a) Can the Vice Mayor succeed to the office of Code, in case of a permanent vacancy in the
Mayor pursuant to the provisions of Sangguniang Bayan created by the cessation in
the Local Government Code? Explain. office of a member who does not belong to any
b) Assuming that the Vice Mayor succeeds to political party, the Governor shall appoint a
the position of Mayor after the qualified person recommended by the
incumbent died, which position is now Sangguniang Bayan. Since A was not
different from the one for which he has recommended by the Sangguniang Bayan, his
filed his certificate of candidacy, can he still appointment by the Governor is not valid. Since B
continue to run as Vice Mayor? Explain. was not appointed by the Governor but by the
c) Is there any legal impediment to the Municipal Mayor, his appointment is also not
Vice Mayor to replace the re-electionist valid.
Mayor who died? Explain,
SUGGESTED ANSWER: ARTICLE IX Commission on
Yes, the vice mayor can succeed to the office
of mayor. Under Section 44 of the
Audit
COA; Jurisdiction (2001)
Local Government Code, he stands next in line
No VIII - The Philippine National Bank was then
to the office of mayor in case of a permanent
one of the leading government-owned banks
vacancy in it. His filing of a Certificate of
and it was under the audit jurisdiction of
Candidacy for Mayor did not automatically
result to his being considered resigned the Commission on Audit (COA). A few years
(Sec. 67, Omnibus Election Code). ago, it was privatized.
Yes, the vice mayor can continue to run as vice What is the effect, if any, of the privatization of
mayor. At the time that he filed his certificate of PNB on the audit Jurisdiction of the COA? (5%)
candidacy, the vice mayor ran for the same SUGGESTED ANSWER:
office he was holding. In determining whether a In accordance with the ruling in Philippine
candidate is running for a position other than the Airlines vs. Commission on Audit, 245 SCRA
one he is holding in a permanent capacity and 39,(1995), since the Philippine National Bank is no
should be considered resigned, it is the office longer owned by the Government, the
he was holding at the time he filed his Commission on Audit no longer has jurisdiction to
certificate of candidacy should be considered. audit it as an institution. Under Section 2(2), Article
There is no legal impediment to the vice mayor IX-D of the Constitution, it is
running as mayor to replace the vice mayor government-owned or controlled corporations
and their subsidiaries which are subject to audit by
who died under Section 77 of the Omnibus
the Commission on Audit. However, in
Election Code, if a candidate dies after the last day
accordance with Section 2(1), Article IX-D of the
for filing certificates of candidacy, he may be
Constitution, the Commission on Audit can audit
replaced by a person belonging to his
the Philippine National Bank with respect to its
political party. However, it is required that he
accounts because the Government still has
should first withdraw his Certificate of
equity in it.
Candidacy for Vice-Mayor and file a new
Certificate of Candidacy for Mayor. COA; Money Claims (1998)
No I. - The Department of National Defense
Vacancy; SB; Rule on Succession (2002)
entered into a contract with Raintree
No XV. A vacancy occurred in the sangguniang
Corporation for the supply of ponchos to the
bayan of a municipality when X, a member,
Armed Forces of the Philippines (AFP),
died. X did not belong to any political party.
stipulating that, in the event of breach, action
To fill up the vacancy, the provincial governor may be filed in the proper courts in Manila.
appointed A upon the recommendation of the
Suppose the AFP fails to pay for delivered
sangguniang panlalawigan. On the other hand, for
ponchos, where must Raintree Corporation
the same vacancy, the municipal mayor
appointed B upon the recommendation of the
file its claim? Why? [ 10%]
sangguniang bayan.
SUGGESTED ANSWER:
Raintree Corporation must file its claim with the
Which of these appointments is valid? (5%)
Commission on Audit, Under Section 2(1) IX-D
of the Constitution, the Commission on Audit
has the authority to settle all accounts
pertaining to expenditure of public funds. ARTICLE X Local Government
Raintree Corporation cannot file a case in court.
Appointment of Budget Officer; control
The Republic of the Philippines did not waive its
vs supervision (1999)
immunity from suit when it entered into the No V - D. On May 17, 1988, the position of
contract with Raintree Corporation for the Provincial Budget Officer of Province X became
supply of ponchos for the use of the Armed vacant. Pedro Castahon, governor of the
Forces of the Philippines. The contract involves the province, pursuant to Sec. 1 of E.O. No. 112,
defense of the Philippines and therefore relates submitted the names of three nominees for the
to a sovereign function. aforesaid position to the Department of Budget
Management (DBM), one of whom was that of
In United States vs. Ruiz, 136 SCRA 487,
Marta Mahonhon. A month later, Castahon
492, the Supreme Court held; "The
informed the DBM that Mahonhon had
restrictive application of State immunity is
assumed the office of PBO and requested that she
proper only when the proceedings arise out of
be extended the appropriate appointment. The
commercial transactions of the foreign
DBM Secretary appointed Josefa Kalayon
sovereign. Its commercial activities or
instead. Castahon protested the appointment of
economic affairs. Stated differently, a State may
Kalayon insisting that it is he who had the right to
be said to have descended to the level of an
choose the PBO by submitting the names of his
individual and can thus be deemed to have three nominees and Kalayon was not one of them.
tacitly given its consent to be sued only The DBM countered that none of the governor's
when it enters into business contracts. It does nominees have the necessary qualifications
not apply where the contract relates to the for the position. Specifically, Mahonhon
exercise of its sovereign functions. In this case lacked the five-year experience in budgeting.
the projects are an integral part of the naval Hence, the DBM was left with no alternative but
base which is devoted to the defense of to name one who possesses all the requisite
both the United States and the Philippines, qualifications in the person of Kalayon. It cited
indisputably a function of the government of Section 6.0 of the DBM Local Budget Circular No.
the highest order; they are not utilized for nor 31 which states, "The DBM reserves the right to fill
dedicated to commercial or business purposes." up any existing vacancy where none of the
nominees of the local chief executive meet the
prescribed requirements."
The provision for venue in the contract does not
(a) Was the DBM's appointment valid? (2%)
constitute a waiver of the State Immunity (b) What can you say regarding the above-
from suit, because the express waiver of quoted Section 6.0 of DBM's Local Budget
this immunity can only be made by a statute. Circular No. 31? Explain your answers. (2%)
SUGGESTED ANSWER:
In Republic us. Purisima 78 SCRA 470, 474,
D. (a) Under Section 1 of Executive Order No.
the Supreme Court ruled: "Apparently
112, the Provincial Budget Officer must be
respondent Judge was misled by the terms of
recommended by the Governor. Since Josefa
the contract between the private
Kalayon was not recommended by the
respondent, plaintiff in his sala and
Governor, her appointment is not valid. As held in
defendant Rice and Corn Administration
San Juan v. Civil Service Commission, 196
which, according to him, anticipated the
SCRA 69, if the person recommended by the
case of a breach of contract between the
Governor is not qualified, what the Secretary of
parties and the suits that may thereafter
Budget and Management should do is to ask
arise. The consent, to be effective though,
him to recommend someone who is eligible.
must come from the State acting through a duly
enacted statute as pointed out by Justice (b) DBM Local Budget Circular No. 31 is not
Bengzon in Mobil." valid, since it is inconsistent with Executive
Order No. 112, which requires that the
ALTERNATIVE ANSWER:
appointee for Provincial Budget Officer be
In accordance with the doctrine of exhaustion of
recommended by the Governor. (Under the
administrative remedies, Raintree Corporation
Local Government Code, it is now the local
should first file a claim with the Commission on
chief executive who is empowered to appoint
Audit. If the claim is denied, it should file a
the budget officer).
petition for certiorari with the Supreme Court.
Boundary Dispute Resolution; LGU; A plebiscite is necessary, because this is
RTC’s Jurisdiction (Q10-2005) required for the creation of a new municipality.
1 - There was a boundary dispute between (Section 10, Article X of the 1987 Constitution.) The
Duenas, a municipality, and Passi, an voters of both Madako and Masigla should
independent component city, both of the same participate in the plebiscite, because both are
province. State how the two local government directly affected by the creation of Masigla. The
units should settle their boundary dispute. (5%) territory of Madako will be reduced. (Tan v.
SUGGESTED ANSWER: COMELEC, 142 SCRA 727 [1986).
Boundary disputes between local government
units should, as much as possible, be settled De Facto Public Corporations; Effect (2004)
amicably. After efforts at settlement fail, then the NO. VII - MADAKO is a municipality composed
dispute may be brought to the appropriate of 80 barangays, 30 west of Madako River and
Regional Trial Court in the said province. Since the 50 east thereof. The 30 western
Local Government Code is silent as to what body barangays, feeling left out of economic
has exclusive jurisdiction over the settlement initiatives, wish to constitute themselves into
of boundary disputes between a municipality a new and separate town to be called
and an independent component city of the Masigla. A law is passed creating Masigla
same province, the Regional Trial Courts have and a plebiscite is made in favor of the law.
general jurisdiction to adjudicate the said
controversy. (Mun. of Kananga v. Madrona, B. Suppose that one year after Masigla was
G.R. No. 141375, April 30, 2003) constituted as a municipality, the law creating it is
voided because of defects. Would that
Boundary Dispute Settlement; Authority; invalidate the acts of the municipality and/or its
Jurisdiction (1999) municipal officers? Explain briefly. (5%)
No V - C. What body or bodies are vested by SUGGESTED ANSWER:
law with the authority to settle Although the municipality cannot be considered as
disputes involving: a de facto corporation, because there is no
(1) two or more towns within the valid law under which it was created, the acts of the
same province; (1%) municipality and of its officers will not be
(2) two or more highly urbanized cities. (1%) invalidated, because the existence of the law
SUGGESTED ANSWER: creating it is an operative fact before it was
1.) Under Section 118(b) of the Local declared unconstitutional. Hence, the previous
Government Code, boundary disputes involving acts of the municipality and its officers should
two or more municipalities within the be given effect as a matter of fairness and
same province shall be settled by the justice. (Municipality ofMalabang v. Benito, 27
sangguniang panlalawigan concerned. SCRA 533 [1969]
2.) Under Section 118(d) of the Devolution of Power (1999)

Local Government Code, boundary disputes Define devolution with respect to local
involving two or more highly urbanized government units.
cities shall be settled by the sangguniang SUGGESTED ANSWER:
panlungsod of the parties. Section 17(e) of the Local Government
Code defines devolution as the act by
Creation of New Local Government Units; which the National Government confers
Plebiscite Requirement (2004) power and authority upon the various local
NO. VII - MADAKO is a municipality composed of
government units to perform specific
80 barangays, 30 west of Madako River and 50
functions and responsibilities.
east thereof. The 30 western barangays, feeling
left out of economic initiatives, wish to constitute Franchise; prior approval of LGU necessary
themselves into a new and separate town to be (1988)
called Masigla. No. 9: Macabebe, Pampanga has several
barrios along the Pampanga river. To service the
A. Granting that Masigla’s proponents
needs of their residents the municipality has been
succeed to secure a law in their favor, would a
operating a ferry service at the same river, for a
plebiscite be necessary or not? If it is
number of years already.
necessary, who should vote or participate in the
plebiscite? Discuss briefly. (5%) Sometime in 1987, the municipality was served
SUGGESTED ANSWER: a copy of an order from the Land Tansportation
Franchising and Regulatory Board (LTFRB), goes against the aforesaid constitutional
granting a certificate of public convenience to requirement of three year terms for local
Mr. Ricardo Macapinlac, a resident of officials except for barangay officials.
Macabebe, to operate ferry service across the
same river and between the same barrios being Ordinance; Use & Lease of Properties;
serviced presently by the municipality's ferry Public Use (1997)
boats. A check of the records of the application of No. 9: Due to over-crowding in the public
Macapinlac shows that the application was filed market in Paco, Manila, the City Council passed an
some months before, set for hearing, and ordinance allowing the lease to vendors of parts
notices of such hearing were published in two of the streets where the public market is
newspapers of general circulation in the town of located, provided that the lessees pay to the
Macabebe, and in the province of Pampanga. city government a fee of P50 per square meter of
The municipality had never been directly served a the area occupied by the lessees. The
copy of that notice of hearing nor had the residents in the area complained to the Mayor
Sangguniang Bayan been requested by that the lease of the public streets would cause
Macapinlac for any operate. The municipality serious traffic problems to them. The Mayor
immediately filed a motion for reconsideration cancelled the lease and ordered the removal of the
with the LTFRB which was denied. It the went stalls constructed on the streets.
to the Supreme Court on a petition for certiorari to Was the act of the Mayor legal?
nullify the order granting a certificate of public SUGGESTED ANSWER:
convenience to Macapinlac on two grounds: The cancellation of the lease and the
(1) Denial of due process to the removal of the stalls are valid. As held in
municipality; and Macasiano vs. Diokno, 212 SCRA 464, the
(2) For failure of Macapinlac to secure approval lease of public streets is void, since they
of the Sangguniang Bayan for him are reserved for public use and are
to operate a ferry service in Macabebe, outside the commerce of man.
Resolve the two points in the petition
with reasons. Ordinance; Validity; Closure or Lease
SUGGESTED ANSWER: of Properties for Public Use (2003)
The petition for certiorari should be granted, No XI - An aggrieved resident of the City of
1. As a party directly affected by the operation Manila filed mandamus proceedings against the city
of the ferry service, the Municipality mayor and the city engineer to compel these
of Macabebe, Pampanga was entitled to officials to remove the market stalls from certain
be directly notified by the LTFRB .... city streets which they had designated as flea
markets. Portions of the said city streets were
2. It has been held that where a leased or licensed by the respondent officials
ferry operation lies entirely within the to market stallholders by virtue of a city ordinance.
municipality, the prior approval of the Municipal Decide the dispute.
government is necessary. Once approved, FIRST ALTERNATIVE ANSWER:
the operator must then apply with the LTFRB The petition should be granted. In accordance
for a certificate of public convenience and with Macasiano v. Diokno. 212 SCRA 464
shall be subject to LTFRB supervision, [1992], since public streets are properties for
(Municipality of Echague v. Abellera, supra). public use and are outside the commerce of
man, the City Mayor and the City Engineer
Law fixing the terms of local elective cannot lease or license portions of the city
officials (Q4-2006) streets to market stallholders.
State whether or not the law is SECOND ALTERNATIVE ANSWER:
constitutional. Explain briefly. The petition should be denied. Under Section
3. A law fixing the terms of local elective 21(d)of the Local Government Code, a city may by
officials, other than barangay officials, to 6 ordinance temporarily close a street so that a
years. (2%) flea market may be established.
SUGGESTED ANSWER:
The law is invalid. Under Article X, Section 8 of the Ordinance; Validity; Compensation;
1987 Constitution, "the term of office of elective Tortuous Act of an Employee (1994)
local officials, except barangay officials, which shall No. 6; Johnny was employed as a driver by the
be determined by law, shall be three years and no Municipality of Calumpit, Bulacan. While driving
such official shall serve for more than three recklessly a municipal dump truck with its load
consecutive terms." The law clearly of sand for the repair of municipal streets,
Johnny hit a jeepney. Two passengers of be charged to property owners benefited by
the jeepney were killed. public works, because the essential
difference between a tax and such
The Sangguniang Bayan passed an assessment is precisely that the latter is
ordinance appropriating P300,000 as based wholly on benefits received.
compensation for the heirs of the victims.
1) Is the municipality liable for the negligence However, if the ordinance levies a tax on
of Johnny? all business establishments located outside
2) Is the municipal ordinance valid? the private subdivision, then it is
objectionable on the ground that it appropriate
SUGGESTED ANSWER: private funds for a public purpose. (Pascual v.
2) The ordinance appropriating P300,000.00 for the Secretary of Public Works, supra)
heirs of the victims of Johnny is void. This
amounts to appropriating public funds for a Ordinance; Validity; Preventing Immorality
private purpose. Under Section 335 of the Local (1987)
Government Code, no public money shall be (c) An ordinance prohibiting barbershop
appropriated for private purposes. operators from rendering massage service to
their customers in a separate room.
ALTERNATIVE ANSWER; SUGGESTED ANSWER:
Upon the foregoing considerations, the (c) The ordinance is valid. In Velasco
municipal ordinance is null and void for being v, Villegas, 120 SCRA 658 (1983) such
ultra vires. The municipality not being liable to ordinance was upheld on the ground that it is a
pay compensation to the heirs of the victims, means of enabling the City of Manila to
the ordinance is utterly devoid of legal basis. It collect a fee for operating massage clinics
would in fact constitute an illegal use or and of preventing immorality which might
expenditure of public funds which is a criminal be committed by allowing the construction
offense. What is more, the ordinance does not of separate rooms in barber shops.
meet one of the requisites for validity of
municipal ordinances, ie., that it must be in Ordinance; Validity; Utilization
consonance with certain well-established and & Development; National Wealth (1991)
basic principles of a substantive nature, to wit: it No. 5; The province of Palawan passes an
does not contravene the Constitution or the law, it is ordinance requiring all owners/operators of
not unfair or oppressive. It is not partial or fishing vessels that fish in waters
discriminatory. It is consistent with public policy, and surrounding the province to invest ten percent
it is not unreasonable. (10%) of their net profits from operations
therein in any enterprise located in Palawan.
Ordinance; Validity; Local Taxation
vs. Special Assessment (1987) NARCO Fishing Corp., a Filipino corporation
1987 No. V: State whether or not the following with head office in Navotas, Metro
city ordinances are valid and give reasons Manila, challenges the ordinance as
in support of your answers: unconstitutional. Decide the case.
SUGGESTED ANSWER:
(b) An ordinance on business establishments to The ordinance is invalid. The ordinance was
raise funds for the construction and apparently enacted pursuant to Article X, Sec. 7 of
maintenance of roads in private the Constitution, which entitles local
subdivisions, which roads are open for use governments to an equitable share in the
by segments of the public who may have proceeds of the utilization and development of
business inside the subdivision. the national wealth within their respective
SUGGESTED ANSWER: areas. However, this should be made pursuant to
(b) The ordinance is valid. The charge on the law. A law is needed to implement this
business establishments is not a tax but a provision and a local government cannot
SPECIAL ASSESSMENT. Hence, the holding in constitute itself unto a law. In the absence of a law
Pascual v. Secretary of Public Works, 110 Phil. the ordinance in question is invalid.
331 (1960), that public funds cannot be
appropriated for the construction of roads in a Ordinances; Validity; Amending Nat’l
private subdivision, does not apply. As held in Laws (1988)
Apostolic Prefect v. City Treasurer of Baguio, 71 No. 4: Jose Y. Sabater is a real estate
Phil. 547 (1941), special assessments may developer. He acquires raw lands and converts
them into subdivisions. After acquiring a lot of power of Tacloban City to suppress gambling
around 15 hectares in Cabanatuan City, he and prohibited games of chance excludes of
caused the preparation of a subdivision plan for the chance permitted by law. Implied repeals are
property. Before he was able to submit the not favored. (Basco v. PAGCOR)
subdivision plan to the Bureau of Lands and/or Land
Registration Commission for verification and/or Ordinances; Validity; Limitation of Penalties
approval, he was informed that he must first (1991)
present the plan to the City Engineer who No. 10: The municipality of Alcoy, Cebu,
would determine whether the zoning ordinance of passed Ordinance No. 10, series of 1991,
the Cabanatuan City had been observed. He was requiring owners, administrators, or tenants of
surprised when he was asked to pay the city buildings and premises to keep and maintain
government a service fee of P0.30 per square them in sanitary condition, and should they fail to do
meter of land, covered by his subdivision so, cause them to be cleared and kept in sanitary
plan. He was even more surprised when condition and the cost thereof to be assessed
informed that a fine of P200.00 and/or against the owner, administrator or tenant, as
imprisonment for not exceeding six months or the case may be, which cost shall constitute a
both, have been fixed in the ordinance as lien against the property. It further penalizes
penalty for violation thereof. Believing that the violation thereof with a fine not exceeding
city ordinance is illegal, he filed suit to nullify the One Thousand Pesos (P1,000.00) or imprisonment
same. for one (1) year at the discretion of the court. Is
Decide the case with reasons. the ordinance valid?
The ordinance is null and void. In Villacorta v. The ordinance is valid insofar as it requires
Bernardo, 143 SCRA 480 (1986) the Supreme owners, administrators, or tenants of buildings
Court held that a municipal ordinance cannot and premises to keep and maintain them in
amend a national law in the guise of sanitary condition and provides that should they fail
implementing it. In this case, the requirement to do so, the municipality shall cause them to
actually conflicts with sec. 44 of Act No. 496 be cleaned and the cost shall be assessed
because the latter does not require subdivision against the owner, administrator, or tenant and shall
plans to be submitted to the City Engineer be a lien against the property. This is expressly
before they can be submitted for approval to, authorized by Sec. 149(kk) of the Local
and verification by, the Land Registration Government Code.
Commission and/or the Bureau of Lands.
However, the penalty for the violation of the
Ordinances; Validity; Gambling Prohibition ordinance is invalid, because it is excessive.
(1995) The penalty in this case is a fine not exceeding
No. 4: 2. PAGCOR decided to operate a casino in P1,000 or imprisonment for one year, in the
Tacloban City under authority of P.D. No. 1869. discretion of the court. Under Sec. 149 (c) of
It leased a portion of a building belonging to Ellen the Local Government Code, however, the
McGuire renovated and equipped it in penalty for the violation of a municipal
preparation for its inauguration. The ordinance can not exceed a fine of P1,000.00
Sangguniang Panlungsod of Tacloban City or Imprisonment for six months, or both at the
enacted an ordinance prohibiting the operation of discretion of the court.
casinos in the City and providing penalty for its
violation. Ellen McGuire and PAGCOR assailed Ordinances; Veto Power (1996)
the validity of the ordinance in court. (1) How does the local legislative
How would you resolve the issue? Discuss fully. assembly override the veto by the
SUGGESTED ANSWER: local chief executive of an ordinance?
The ordinance should be declared invalid. As (2) On what grounds can a local
held in Magtajas vs. Pryce Properties chief executive veto an ordinance?
Corporation. Inc., 234 SCRA 255. such an (3) How can an ordinance vetoed by a
ordinance contravenes Presidential Decree No. local chief executive become a law
1869, which authorizes the Philippine without it being overridden by the
Amusement and Gaming Corporation to local legislative assembly?
operate casinos within the territorial Jurisdiction of SUGGESTED ANSWER:
the Philippines, because it prevents the said (1) Under Sections 54 (a) and 55 (c) of the
corporation from exercising the power conferred on Local Government Code, the local
it to operate a casino in Tacloban City. The legislative assembly can override the veto
of the local chief executive by two-thirds Lake Development Authority vs. Court of
vote of all its members. Appeals, 231 SCRA 292, under Republic Act
No, 4850, the Laguna Lake Development
(2) Under Section 55[a] of the Local Authority is mandated to promote the
Government Code, the local chief executive development of the Laguna Lake area,
may veto an ordinance on the ground that it is including the surrounding Province of Rizal,
ULTRA VIRES or PREJUDICIAL TO THE with due regard to the prevention of pollution.
PUBLIC WELFARE. The Laguna Lake Development Authority is
mandated to pass upon and approve or
(3) Pursuant to Section 54(b) of the Local disapprove all projects proposed by local
Government Code, an ordinance vetoed by the government offices within the region.
local chief executive shall be deemed
approved if he does not communicate his 2. Yes, the Laguna Lake Development
veto to the local legislative assembly within 15 Authority can justify its order. Since it has been
days in the case of a province and 10 days authorized by Executive Order No. 927 to make
in the case of a city or a municipality. Likewise, orders requiring the discontinuance of pollution, its
if the veto by the local executive has been power to issue the order can be inferred from this.
overridden by the local legislative assembly, a Otherwise, it will be a toothless agency.
second veto will be void. Under Section 55(c) Moreover, the Laguna Lake Development
of the Local Government Code, the local Authority is specifically authorized under its
chief executive may veto an ordinance only Charter to issue cease and desist orders.
once.
Power to Issue Subpoena & Cite For
Police Power; LLDA (1995) Contempt (1993)
No. 9: The Municipality of Binangonan, Rizal, No 6: Mayor Alfredo Lim closed the funhouses in
passed a resolution authorizing the operation of an the Ermita district suspected of being fronts for
open garbage dumpsite in a 9- hectare land in the prostitution. To determine the feasibility of
Reyes Estate within the Municipality's territorial putting up a legalized red light district, the city
limits. Some concerned residents of Binangonan council conducted an inquiry and invited
filed a complaint with the Laguna Lake operators of the closed funhouses to get their
Development Authority (LLDA) to stop the operation views. No one honored the Invitation. The city
of the dumpsite due to its harmful effects on the council issued subpoenas to compel the
health of the residents. The LLDA conducted an attendance of the operators but which were
on-site investigation, monitoring, testing and completely disregarded. The council declared the
water sampling and found that the dumpsite operators guilty of contempt and issued warrants
would contaminate Laguna de Bay and the for their arrest.
surrounding areas of the Municipality. The
LLDA also discovered that no The operators come to you for legal advice,
environmental clearance was secured by the asking the following questions:
Municipality from the Department of (1) Is the council empowered to issue
Environment and Natural Resources (DENR) and subpoenas to compel their attendance?
the LLDA as required by law. The LLDA (2) Does the council have the power to cite for
therefore issued to the Binangonan municipal contempt?
government a cease and desist order to stop SUGGESTED ANSWER:
the operation of the dumpsite. The Municipality of i) The city council is not empowered to issue
Binangonan filed a case to annul the order subpoenas to compel the attendance of the
issued by the LLDA. operators of the fun-houses In the Ermita
(1) Can the Municipality of Binangonan district. There is no provision in the
invoke police power to prevent its Constitution, the Local Government Code, or
residents and the LLDA from interfering any law expressly granting local
with the operation of the dumpsite by legislative bodies the power to subpoena
the Municipality? Explain. witnesses. As held in Negros Oriental II
(2) Can the LLDA justify its order by asserting Electric Cooperative, Inc. vs. Sangguniang
that the health of the residents will be Panlungsod of Dumaguete, 155 SCRA 421,
adversely affected. Explain. such power cannot be implied from the
SUGGESTED ANSWER: grant of delegated legislated power. Such
1. No, the Municipality of Binangonan cannot power is Judicial. To allow local legislative
invoke its police power. According to Laguna bodies to exercise such power without
express statutory basis would violate the of Appeals, G.R. No. 107916, February 20,
doctrine of separation of powers. 1997)
(2) The city council does not have the power to cite The question of whether there is genuine
for contempt. There is likewise no necessity for the expropriation of Christina's lot or
provision in the Constitution, the Local whether the municipality has other and better lots
Government Code, or any other laws for the purpose is a matter that will have to be
granting local legislative bodies the power to resolved by the Court upon presentation of
cite for contempt. Such power cannot be evidence by the parties to the case.
deemed implied in the delegation of
legislative power to local legislative bodies, for Powers of Barangay Assembly (2003)
the existence of such power poses a Can a Barangay Assembly exercise any police
potential derogation of individual rights. power?
SUGGESTED ANSWER:
Power; Eminent Domain; LGU; Right No, the Barangay Assembly cannot exercise
to Exercise (Q10-2005) any police power. Under Section 398 of
The Sangguniang Bayan of the Municipality the Local Government Code, it can
of Santa, Ilocos Sur passed Resolution only recommend to the Sangguniang
No. 1 authorizing its Mayor to initiate a Barangay the adoption of measures for the
petition for the expropriation of a lot owned by welfare of the barangay and decide on the
Christina as site for its municipal sports adoption of an initiative.
center. This was approved by the
Mayor. However, the Sangguniang Powers; Liga ng mga Barangay (2003)
Panlalawigan of Ilocos Sur disapproved Can the Liga ng mga Barangay exercise
the Resolution as there might still be other legislative powers?
available lots in Santa for a sports center. SUGGESTED ANSWER:
The Liga ng Mga Barangay cannot exercise
Nonetheless, the Municipality of Santa, through its legislative powers. As stated in Bito-Onon v.
Mayor, filed a complaint for eminent domain. Fernandez. 350 SCRA 732 [2001], it is not
Christina opposed this on the following a local government unit and its primary
grounds: (a) the Municipality of Santa has no purpose is to determine representation of
power to expropriate; (b) Resolution No. 1 has the mga in the sanggunians; to ventilate,
been voided since the Sangguniang articulate, and crystallize issues
Panlalawigan disapproved it for being arbitrary; and affecting barangay government
(c) the Municipality of Santa has other and better administration; and to secure solutions
lots for that purpose. for them through proper and legal means.
Resolve the case with reasons. (5%)
Requisites; Contracts Involving LGU (1991)
SUGGESTED ANSWER: The Municipality of Sibonga, Cebu, wishes
Under Section 19 of R.A. No. 7160, the power to enter into a contract involving
of eminent domain is explicitly granted to the expenditure of public funds. What are the
municipality, but must be exercised through an legal requisites therefor?
ordinance rather than through a resolution. SUGGESTED ANSWER:
(Municipality ofParanaque v. V.M. Realty Corp., The following are the legal requisites for
G.R. No. 127820, July 20, 1998) the validity of a contract to be entered into
by the Municipality of Sibonga, which
The Sangguniang Panlalawigan of Ilocos Sur involves the expenditure of public funds:
was without the authority to disapprove (1) The contract must be within the power
Resolution No. 1 as the municipality clearly has the of the municipality;
power to exercise the right of eminent (2) The contract must be entered into by
domain and its Sangguniang Bayan the the proper officer, i.e., the mayor,
capacity to promulgate said resolution. The only upon resolution of the Sangguniang
ground upon which a provincial board may Bayan pursuant to Section 142 of
declare any municipal resolution, ordinance or the Local Government Code;
order invalid is when such resolution, ordinance or (3) In accordance with Sec. 606 of the Revised
order is beyond the powers conferred upon the Administrative Code, there must be an
council or president making the same. Such is not appropriation of the public funds; and in
the situation in this case. (Moday v. Court accordance with Sec. 607, there must be a
certificate of availability of funds issued not liable for real estate tax on the property
by the municipal treasurer; and belonging to the government which it occupy.
(4) The contract must conform with the However, Section 234 of the Local Government
formal requisites of written contracts Code subsequently withdrew the exemption
prescribed by law. from real property taxes of government-owned or
controlled corporations. If I were the Judge, I
Requisites; Contracts involving LGU (1995) would hold the National Development
No. 4: 1. What are the conditions under which a Company liable for real estate taxes.
local executive may enter into a contract in
behalf of his government unit? Taxation; Sources of Revenue (1999)
SUGGESTED ANSWER: No V - Under the Constitution, what are
1. The following are the conditions under which the three main sources of revenues of
a local executive may enter into a contract local government units? (2%)
in behalf of the government until: SUGGESTED ANSWER:
(1) The local government unit must have the The following are the main sources of revenues
power to enter into the particular contract; of local government units under the
(2) Pursuant to Section 22(c) of the Local Constitution:
Government Code, there must be a prior 1. Taxes, fees, and charges. (Section 5, Article
authorization by the sangguniang X)
concerned, and a legible copy of the 2. Share in the national taxes. (Section
contract shall be posted at a conspicuous 6, Article X)
place in the provincial capitol or the city, 3. Share in the proceeds of the utilizations and
municipal or barangay hall. development of the national wealth
(3) In accordance with Sections 46 and 47, within their areas. (Section 7, Article X}
Chapter 8, Subtitle B. Book V of the 1987
Administrative Code, if the contract Involves the Withdrawal of Public Property from
expenditure of public funds, there must be an Public Use (1990)
appropriation therefore and a certificate No. 8: XYZ, a corporation organized under
of availability of funds by the treasurer of the laws of Hongkong, with 100% foreign
the local government unit. equity, obtained from the Securities and
(4) The contract must conform with the Exchange Commission a license to
formal requisites of written contracts operate a prawn hatchery project on a piece
prescribed by law. of land leased from the City of Dagupan.
(5) Pursuant to Section 2068 of the Revised The land was formerly a park and plaza
Administrative Code, if a province is a party to a belonging to the City and was converted by
contract conveying title to real property, the the City to derive much needed funds.
contract must be approved by the (1) May the City of Dagupan lawfully
President. Under Section 2196 of the convert the park to prawn ponds and lease
Revised Administrative Code, if a the same? Explain your answer.
municipality is a party to a contract (2) May the City of Dagupan and XYZ
conveying real property or any Interest in it or corporation validly enter into the lease contract for
creating a lien upon it, the contract must be the prawn ponds? Answer with reasons.
approved by the provincial governor. SUGGESTED ANSWER:
(1) Yes, the City of Dagupan may lawfully
Taxation; GOCC Liability For Real Estate convert the park into prawn ponds and lease
Tax (1999) them. A city may close a park and plaza and
No VI - C. The Province of X required once the property has been withdrawn from
the National Development Company to public use, it falls within the commerce of man and
pay real estate taxes on the land being may be leased. Section 10 of the Local
occupied by NDC and the latter argued that Government Code provides:
since it is a government-owned corporation, "A local government unit may likewise,
its properties are exempt from real estate through its head acting pursuant to a
taxes. If you were the Judge, how would resolution of its sanggunian and in
you decide the case? Reason out. (2%) accordance with existing law and the
SUGGESTED ANSWER: provisions of this Code, close any
In National Development Company v. Cebu barangay, municipal, city or provincial
City, 215 SCRA 382, the Supreme Court held road, street, alley park or square. No
that the National Development Company was such way or place or any part thereof
shall be closed without indemnifying Alcantara cannot reassume office as member of the
any person prejudiced thereby. A Sangguniang Bayan. As held in
property thus withdrawn from public use Sangguniang Bayan of San Andres v. Court of
may be used or conveyed for any Appeals, 284 SCRA 276 (1998), Alcantara
purpose for which other real property should be deemed to have abandoned his
belonging to the local unit concerned position as member of the Sangguniang Bayan. His
might be lawfully used or conveyed." intention to abandon his position is shown by his
failure to perform his function as member of the
In Favis v. City Baguio, 27 SCRA 1060, it was held Sangguniang Bayan, his failure to collect the salary
that the City of Baguio could close a street and for the position, his failure to object to the
lease it since it had become patrimonial appointment of his replacement, and his failure
property. Likewise, in Cebu Oxygen and to initiate any act to reassume his post after
Acetylene Company, Inc. a Berceles, 66 SCRA 481, the reorganization of the Sangguniang Bayan
it was held that the City of Cebu could close a was voided.
street and sell it thereafter.
Alcantara effected his intention by his letter of
(2) Since the City of Dagupan has the power to resignation, his assumption of office as member of
convert the park into prawn ponds it can also the Sangguniang Panlalawigan, his
lease it to XYZ even though XYZ is a 100%- discharge of his duties as its member, and his
foreign corporation. The operation of a prawn receipt of the salary for such post.
hatchery does not involve exploitation of natural
resources within the meaning of Sections 2 and 3, Alcantara cannot be deemed to have lost his
Article XII of the 1987 Constitution. office as member of the Sangguniang Bayan by
(Secretary of Justice, Op. No. 3, s. 1988) Since the resignation. Under Section 82 of the Local
portion of the park had been withdrawn from public Government Code, the resignation should be
use, it could be disposed for any lawful purpose submitted to the Sangguniang Bayan. He
including leasing it to a foreign submitted it to the Mayor instead, and the
corporation. resignation was not accepted.
Discipline; Clemency; Doctrine of

ARTICLE XI Accountability of Condonation (2000)
No VI. A provincial governor duly elected to
Public Officers office was charged with disloyalty and
suspended from office pending the outcome of
Abandonment of Office (2000) the formal investigation of the charges against
No VII. Alcantara was elected barangay him. The Secretary of Interior and Local
chairman and later president of the Association of Governments found him guilty as charged and
Barangay Councils in his municipality. In that removed him from office. He filed a petition
capacity, he was appointed by the President as before the Supreme Court questioning his
member of the Sangguniang Bayan of his removal. While the case was pending before the
municipality. Later, the Secretary of Interior and Supreme Court, he filed his certificate of
Local Governments appointed Alcantara as candidacy for the position of Governor and won,
member of the Sanggunlang Panlalawigan of and was proclaimed Governor. He claims his
their province to meet a reorganizational reelection to the position of Governor has
contingency, and Mendoza took his place in the rendered the pending administrative case
Sangguniang Bayan. Alcantara then wrote a against him moot and academic. Is he correct?
letter of resignation from the Sangguniang Explain. (5%)
Bayan addressed to the Mayor of the SUGGESTED ANSWER:
municipality, ceased functioning as member Yes, the re-election of the governor has
thereof and assumed office and performed his rendered the pending administrative
functions as member of the Sanggunlang case against him moot. As explained in
Panlalawigan. Later, the reorganization of the Aguinaldo v. Santos, 212 SCRA 768 (1992), a
Sangguniang Panlalawigan and the local elective official cannot be removed
appointment of Mendoza were voided. Can from office for misconduct committed during
Alcantara reassume office as member of the his previous term, because each term is
Sangguniang Bayan or has he lost it because of
separate and the people by re-electing him are
resignation? abandonment? Explain. (5%)
deemed to have forgiven his misconduct.
SUGGESTED ANSWER:

Discipline; Effect of Pardon Granted in b) Can he claim salary for the period that his
Favor of Public Officers (1999) case was pending appeal? Why? (2%)
No IV - C. A City Assistant Treasurer was SUGGESTED ANSWER;
convicted of Estafa through falsification of
a) Alfonso Beit cannot claim any
public document. While serving sentence, he salary for the period of his preventive
was granted absolute pardon by the President. suspension during the pendency of the
1. Assuming that the position of Assistant City investigation. As held in Gloria vs. Court of
Treasurer has remained vacant, would he be Appeals, 306 SCRA 287 (1997), under Section
entitled to a reinstatement without the need 52 of the Civil Service Law, the provision
of a new appointment? Explain. (2%) for payment of salaries during the period
2. If later the same position becomes of preventive suspension during the
vacant, could he reapply and be pendency of the investigation has been
deleted. The preventive suspension was
reappointed? Explain. (2%)
not a penalty. Its imposition was lawful,
SUGGESTED ANSWER: since it was authorized by law.
C. 1.) As held in Monsanto v. Factoran, b) If the penalty was modified
(c) SCRA 190, pardon merely frees the because Alfonso Beit was exonerated of the
individual from all the penalties and legal charge that was the basis for the decision
disabilities imposed upon him because of his ordering his dismissal, he is entitled to back
conviction. It does not restore him to the public wages, otherwise, this would be tantamount to
office relinquished by reason of the conviction. punishing him after exoneration from the charge
which caused his dismissal. [Gloria vs. Court of
FIRST ALTERNATIVE ANSWER:
Appeals, 3O6 SCRA 287 (1997)]. If he was
2.) The Assistant City Treasurer can reprimanded for the same charge which was the
reapply and be appointed to the position, since basis of the decision ordering his dismissal, Alfonso
the pardon removed the disqualification to hold Belt is not entitled to back wages, because
public office. he was found guilty, and the penalty was merely
SECOND ALTERNATIVE ANSWER: commuted. (Dela Cruz vs. Court of Appeals, 305
SCRA 303 (1998)].
2.) The Assistant City Treasurer cannot
reapply and be appointed to the position, Under
Article 36 of the Revised Penal Code, a pardon Discipline; Preventive Suspension (1990)
does not restore the right to hold public No. 6: In 1986, F, then the officer-in-charge of
office unless such right be expressly Botolan, Zambales, was accused of having
restored by the pardon; violated the Anti-Graft and Corrupt Practices Act
before the Sandiganbayan. Before he could be
arrainged, he was elected Governor of
Discipline; Preventive Suspension
Zambales, After his arraignment, he was put
& Appeal; entitlement to salary
under preventive suspension by the
pendente (2001)
Sandiganbayan "for the duration of the trial".
No XV - Alfonso Beit, a supply officer in the
3. Can F successfully challenge
Department of Science and Technology
(DOST), was charged administratively. Pending
the legality of his preventive suspension on
investigation, he was preventively suspended for the ground that the criminal case against
90 days. The DOST Secretary found him guilty him involved acts committed during his
and meted him the penalty of removal from term as officer-in-charge and not during his
office. He appealed to the Civil Service term as Governor?
Commission (CSC). In the meantime, the 4. Can F validly object to
decision was executed pending appeal. The the aforestated duration of his suspension?
CSC rendered a decision which modified the
SUGGESTED ANSWER:
appealed decision by imposing only a penalty of
reprimand, and which decision became final. (1) No, F cannot successfully challenge the
legality of his preventive suspension on the
a) Can Alfonso Belt claim salary for the period
ground that the criminal case against him
that his case was pending investigation? Why?
involve acts committed during his term as OIC
(3%)
and not during his term as governor because

suspension from office under Republic Act 3019 Section 13 of the Anti-Graft and Corrupt
refers to any office that the respondent is Practices Act, which is not a penalty but a
presently holding and not necessarily to the one preventive measure. Since Section 13 of
which he hold when he committed the crime the Anti-Graft and Corruption Practices Act
with which he is charged. This was the ruling in does not state that the public officer
Deloso v. Sandiganbayan 173 SCRA 409. must be suspended only in the office
(2) Yes, F can validly object to the duration of the where he is alleged to have committed
suspension. In Deloso u. Sandiganbayan, 173 the acts which he has been charged, it
SCRA 409, it was held that the imposition of applies to any office which he may be holding.
preventive suspension for an indefinite period of Elective and Appointive Officials:
time is unreasonable and violates the right of the disciplinary authority (2004)
accused to due process. The people who elected 2004 (3-b) CTD, a Commissioner of the
the governor to office would be deprived of National Labor Relations Commission (NLRC),
his services for an indefinite period, and his right sports a No. 10 car plate. A disgruntled litigant filed
to hold office would be nullified. Moreover, since a complaint against him for violation of the Anti-Graft
under Section 42 of the Civil Service Decree and Corrupt Practices Act before the Ombudsman.
the duration of preventive suspension should CTD now seeks to enjoin the Ombudsman in
be limited to ninety (90) days, equal a petition for prohibition, alleging that he
protection demands that the duration of could be investigated only by the Supreme
preventive suspension under the Anti-Graft and Court under its power of supervision
Corrupt Practices Act he also limited to ninety granted in the Constitution. He contends that
(90) days. under the law creating the NLRC, he has the rank
of a Justice of the Court of Appeals, and
Discipline; Preventive Suspension (2002)
entitled to the corresponding privileges. Hence,
No II. Simeon Valera was formerly a Provincial the OMB has no jurisdiction over the complaint
Governor who ran and won as a Member of the against him.
House of Representatives for the Second Should CTD's petition be granted or dismissed?
Congressional District of lloilo. For violation of Reason briefly. (5%)
Section 3 of the Anti-Graft and Corrupt
Practices Act (R.A. No.3019), as amended, SUGGESTED ANSWER:
allegedly committed when he was still a The petition of CTD should be dismissed.
Provincial Governor, a criminal complaint was Section 21 of the Ombudsman Act vests the
filed against him before the Office of the Office of the Ombudsman with disciplinary
Ombudsman for which, upon a finding of authority over all elective and appointive
probable cause, a criminal case was filed with officials of the government, except officials who may
the Sandiganbayan. During the course of trial, be removed only by impeachment, Members
the Sandiganbayan issued an order of of Congress, and the Judiciary. While CTD has the
preventive suspension for 90 days against him. rank of a Justice of the Court of Appeals, he
Representative Valera questioned the does not belong to the Judiciary but to the
Executive Department. This simply means that he
validity of the Sandiganbayan order on the
has the same compensation and privileges as a
ground that, under Article VI , Section 16(3) of
Justice of the Court of Appeals. If the Supreme
the Constitution, he can be suspended only by the
Court were to investigate CTD, it would be
House of Representatives and that the
performing a non-judicial function. This will
criminal case against him did not arise from his
violate the principle of separation of powers.
actuations as a member of the House of
(Noblejas v. Teehankee, 23 SCRA 405 [1968])
Representatives.
Is Representative Valera's contention
correct? Why? (5%) Elective Public Officer; De Facto
SUGGESTED ANSWER: Officer (2000)
No XVI. In the elections of May 1992, Cruz and
The contention of Representative Valera is not
Santos were the candidates for the office of
correct As held in Santiago v. Sandiganbayan,
Municipal Mayor, the term of which was to
356 SCRA 636, the suspension contemplated in
Article VI, Section 16(3) of the Constitution is a expire on June 30, 1995. Finding that he won
punishment that is imposed by the Senate or House by a margin of 20 votes, the Municipal Board of
of Representatives upon an erring member, it Canvassers proclaimed Cruz as the duly
is distinct from the suspension under elected Mayor. Santos filed an election protest
before the Regional Trial Court (RTC) which B. AVE cannot collect salaries and allowances
decided that it was Santos who had the plurality of from the government for the first two years of
30 votes and proclaimed him the winner. On motion his term, because in the meanwhile BART
made, the RTC granted execution pending the collected the salaries and allowances. BART
appeal of Cruz to the COMELEC (Comelec) and was a de facto officer while he was in
on this basis. Santos assumed office and served possession of the office. To allow AVE to collect the
as Municipal Mayor. In time, the Comelec salaries and allowances will result in making the
reversed the ruling of the RTC and instead ruled government pay a second time. (Mechem, A
that Cruz won by a margin of 40 votes and Treatise on the Law of Public Offices and
proclaimed him the duly elected Municipal Public Officers, [1890] pp. 222-223.)
Mayor.
BART is not required to refund to the
d) It is now beyond June 30, 1995.
government the salaries and allowances he
Can Cruz still hold office for the portion of the
received. As a de facto officer, he is entitled to the
term he has failed to serve? Why? (3%) salaries and allowances because he
e) Was Santos a usurper and should rendered services during his incumbency.
he pay back what he has received while holding (Rodriguez v. Tan, 91 Phil. 724 119520.
the office as Municipal Mayor? Why? (2%)
The bills which BART alone authored and were
SUGGESTED ANSWER;
approved by the House of Representatives are valid
d) Cruz can no longer hold office for the because he was a de facto officer during his
portion of the term he failed to serve since incumbency. The acts of a de facto officer are
his term has expired. valid insofar as the public is concerned. (People
e) Santos was not a usurper. He was a v. Garcia, 313 SCRA 279 [19990.
de facto officer, since he had a color of election
to the office of Municipal Mayor by virtue of the Graft and Corruption; Prescription of Crime
decision in the election protest. Hence, he
(2002)
is entitled to the emoluments of the office.
No XII. Suppose a public officer has committed
a violation of Section 3 (b) and (c) of the
Elective Public Officers; De Facto Officer; Anti- Graft and Corrupt Practices Act {RA No,
effects (2004) 3019), as amended, by receiving monetary
X-B. AVE ran for Congressman of QU and other material considerations for
province. However, his opponent, BART, was contracts entered into by him in behalf of the
the one proclaimed and seated as the winner of the government and in connection with other
election by the COMELEC. AVE filed transactions, as a result of which he has
seasonably a protest before HRET (House of amassed illegally acquired wealth.
Representatives Electoral Tribunal). After two 2. Does the criminal offense
years, HRET reversed the COMELEC’s committed prescribe? (2%)
decision and AVE was proclaimed finally as the duly
3. Does the right of the government to
elected Congressman. Thus, he had only one year
recover the illegally acquired wealth prescribe?
to serve in Congress.
(3%)
Can AVE collect salaries
SUGGESTED ANSWER:
and allowances from the government for the
first two years of his term as Congressman? 3. A violation of Section 3(b) and (c) of the
Anti-Graft and Corrupt Practices Act prescribes.
Should BART refund to the government
As held in Presidential Ad-Hoc Fact-
the salaries and allowances he had received as
Finding Committee on Behest Loans v.
Congressman?
Desierto, 317 SCRA 272 (1999), Article XI,
What will happen to the bills that BART Section 15 of the Constitution does not apply
alone authored and were approved by to criminal cases for violation of the Anti-Graft
the House of Representatives while he was and Corrupt Practices Act
seated as Congressman? Reason and 4. Article XI, Section 15 of the Constitution
explain briefly. (5%) provides that the right of the State to recover
SUGGESTED ANSWER: properties unlawfully acquired by public officials or
employees, or from them or from their
nominees or transferees, shall not be barred by SUGGESTED ANSWER:
prescription. 1. Impeachment is a method by which persons
holding government positions of high
Impeachment; Cronyism (2000) authority, prestige, and dignity and with
definite tenure may be removed from office
No II. Is cronyism a legal ground for the for causes closely related to their conduct as
impeachment of the President? Explain. (5%) public officials, (V.G. SINCO, PHILIPPINE
SUGGESTED ANSWER: POLITICAL LAW 373 (llth ed. 1962)).
The grounds for impeachment are culpable
Yes, cronyism is a legal ground for the
violation of the Constitution, treason, bribery,
impeachment of the President. Under Section 2,
Article XI of the Constitution, betrayal of public graft and corruption, other high crimes and
trust is one of the grounds for betrayal of public trust. (Art. XI, sec. 2).
Impeachment. This refers to violation of the oath The officials removable by
of office and includes cronyism which impeachment are the President, Vice
involves unduly favoring a crony to the President, the Members of the Supreme
prejudice of public interest, (Record of the Court, Members of the Constitutional
Constitutional Commission, Vol. II, p. 272) Commissions and the Ombudsman. (Id.)
Impeachment; Grounds (1999)
No XV - What are the grounds 2. PD No. 1606, sec. 1, in so far as it provides for
for impeachment. Explain. (2%) the removal of the members of the
Sandiganbayan only by impeachment must be
SUGGESTED ANSWER:
deemed to have been rendered inoperative by
Under Section 2, Article XI of the the new Constitution which provides that with
Constitution, the grounds for impeachment are the exception of the officials there mentioned,
(3) Culpable violation of the Constitution - "All other public officers and employees may be
means intentional violation of removed from office as provided by law, but not by
the Constitution and not violations impeachment." Moreover, under Art. VIII, sec,
committed in good faith. 11, the power to remove lower court judges
(4) Treason - the same meaning as in is vested in the Supreme Court en banc which, by
the Revised Penal Code the vote of a majority of the members who actually
(5) Bribery - the same meaning as in take part in the deliberation on the issues in the
the Revised Penal Code case and vote thereon, can dismiss lower court
(6) Graft and Corruption - refers judges.
to prohibited acts enumerated in the
Anti- Graft and Corrupt Practices Act.
(7) other High Crimes - refer to offenses that Law of Public Officers; Next-in-Rank Rule
strike at the very life or orderly working of (1994)
the government. No. 15 Pedro Cruz, the City Engineer of
(8) and Betrayal of Public Trust - refers
Baguio, retired. To fill the vacant position, the
to any violation of the oath of office.
City Mayor appointed Jose Reyes, a civil
(Cruz, Philippine Political Law, 1998
engineer who formerly worked under Cruz but
ed., pp. 336-337; Bernas, The 1987
had been assigned to the Office of the Mayor
Constitution of the Philippines: A
Commentary, 1996 ed., pp. 991-992) for the past five years.
Vicente Estrada, the Assistant City
Impeachment; Nature; Grounds; PD Engineer filed a protest with the Civil
1606 (1988) Service Commission claiming that being the
No. 14: 1. What is impeachment, what are officer next in rank he should have been
the grounds therefor, and who are the high appointed as City Engineer.
officials removable thereby? 1) Who has a better right to be appointed to the
2. Presidential Decree No. 1606 contested position?
provides that Justices of the Sandiganbayan SUGGESTED ANSWER:
may be removed only by impeachment. Is this
1) On the assumption that Jose Reyes
Presidential Decree still valid? Why?
possesses the minimum qualification
requirements prescribed by law for the position, (1) No, X cannot recover damages from the
the appointment extended to him is Secretary of Public Works. The Secretary of
valid. Consequently, he has a better Public Works ordered the demolition of the
right than Vicente Estrada. fishpond in the performance of his official
duties. He did not act in bad faith or with gross
The claim of Estrada that being the
negligence. He issued the order only after due
officer next in rank he should have been
investigation. In Mabutol v. Pascual, 124 SCRA
appointed as City Engineer is not meritorious. It is a
876, it was held that the members of the Ad
settled rule that the appointing authority is not
Hoc Committee created to implement
limited to promotion in filling up vacancies but
Presidential Decree No. 296 and Letter of
may choose to fill them by the appointment of
Instruction No, 19, which ordered the demolition of
persons with civil service eligibility
structures obstructing public waterways, could'
appropriate to the position. Even if a vacancy
not be sued for damages although they ordered
were to be filled by promotion, the concept of
the demolition of a building that encroached
"next in rank" does not import any mandatory
upon a creek, because the public officers
requirement that the person next in rank must
concerned did not act in bad faith.
be appointed to the vacancy. What the civil
service law provides is that if a vacancy is filled by (2) No, the libel suit will not prosper.
promotion, the person holding the position next The report submitted by the Secretary of
in rank thereto "shall be considered for Public Works to the President constitutes
promotion." Espanol v. Civil Service privileged communication, as it was
Commission 206 SCRA 715, sent in the performance of official duty.
ALTERNATIVE ANSWER; Article 354 of the Revised Penal
Neither Jose Reyes nor Vicente Estrada has a Code provides;
better right to be appointed City Engineer. As "Every defamatory imputation
held in Barrozo vs. Civil Service Commission, is presumed to be malicious, even if it be
198 SCRA 487, the appointing authority is not true, if no good intention and justifiable
required to appoint the one next-in-rank to fill a motive for making it is shown, except in
vacancy. He is allowed to fill it also by the the following cases:
transfer of an employee who possesses civil 1. A private communication made by
service eligibility.
any person to another in the performance
Liability For Damages in Performance of of any legal, moral or social duty;"
Official Functions (1990) In Deano v. Godinez, 12 SCRA 483,
No. 10: The Secretary of Public Works, after an it was held that a report sent by a public official
investigation, ordered the demolition of to his superior is privileged
the fishpond of X as a nuisance per se on communication, because its submission is
the ground that it encroached on navigable pursuant to the performance of a legal duty.
rivers and impeded the use of the Besides, in sending his report, the
rivers. The Secretary submitted to the Secretary of Public Works acted in the
President of the Philippines a report of said discharge of his official duties. Hence, he was
investigation, which report contained acting in behalf of the Republic of the
clearly libelous matters adversely affecting Philippines and within the scope of his authority
the reputation of X, a well- known civic According to the ruling in Sanders v. Veridiano, 162
and religious leader in the community. SCRA 88, a suit brought against a public official
The Supreme Court later found that the for writing a letter which is alleged to be libelous but
rivers were man-made and were which was written while he was acting as agent
constructed on private property owned by X. of the government and within the scope of his
authority is actually a suit against the State
3. May X recover damages from the Secretary
without its consent.
of Public Works for the cost involved in
rebuilding the fishponds and for lost profits? ALTERNATIVE ANSWER:
State your reason. The question does not specify how the libel was
4. Suppose X files a libel suit against the committed. If the libelous statement was not
Secretary of Public Works. Will the said relevant to the report on the alleged illegal
libel suit prosper? Explain your answer. encroachment of the river, the fact that it was
made in the course of an official report does not
SUGGESTED ANSWER:
immunize the Secretary of Public Works Ombudsman: Power to Suspend; Preventive
from liability for libel. Suspension (2004)
(6) Director WOW failed the lifestyle check
conducted by the Ombudsman's Office
Local Elective Officials; Limitations On because WOWs assets were grossly
Additional Duties (1995) disproportionate to his salary and allowances.
No. 10: A City Mayor in Metro Manila was Moreover, some assets were not included in his
designated as Member of the Local Amnesty Statement of Assets and Liabilities. He was
Board (LAB) as allowed under the Rules and charged of graft and corrupt practices and
Regulations Implementing Amnesty pending the completion of investigations, he was
Proclamation Nos. 347 and 348. as amended by suspended from office for six months.
Proclamation No. 377. The LAB is entrusted with
(3) Aggrieved, WOW petitioned the Court of
the functions of receiving and processing
Appeals to annul the preventive suspension
applications for amnesty and recommending to the
order on the ground that the Ombudsman
National Amnesty Commission approval or denial
could only recommend but not impose the
of the applications. The term of the
suspension. Moreover, according to WOW,
Commission and, necessarily, the Local
the suspension was imposed without any
Amnesty Boards under it expires upon the
notice or hearing, in violation of due
completion of its assigned tasks as may be
process. Is the petitioner's contention
determined by the President.
meritorious? Discuss briefly. (5%)
May the City Mayor accept his
designation without forfeiting his elective SUGGESTED ANSWER:
position in the light of the provision of Sec. 7, The contention of Director WOW is not
1st par. Art. IX-B of the 1987 Constitution which meritorious. The suspension meted out to him is
pertinently states that "[N]o elective official shall be preventive and not punitive. Section 24 of
eligible for appointment or designation in any Republic Act No. 6770 grants the Ombudsman the
capacity to any public office or position during power to impose preventive suspension up to six
his tenure?" Discuss fully, months. Preventive suspension maybe imposed
SUGGESTED ANSWER: without any notice or hearing. It is merely a
preliminary step in an administrative investigation
No, the City Mayor may not accept his and is not the final determination of the guilt of
designation without forfeiting his elective the officer concerned. (Garcia v. Mojica, 314
positions. As stated in Flores vs. Drilon 223 SCRA 207 [1999]).
SCRA 568, it is the intention of Section 7,
Article X-B of the 1987 Constitution that local 3. For his part, the Ombudsman moved to
elective officials should devote their full time to their dismiss WOWs petition. According to the
constituents. While second paragraph of Section Ombudsman the evidence of guilt of WOW is
7, Article IX-B of the 1987 Constitution allows strong, and petitioner failed to exhaust
appointive officials to hold other offices when administrative remedies. WOW admitted he
allowed by law or by the primary functions of their filed no motion for reconsideration, but only
positions, no such exception is made in the first because the order suspending him was
paragraph, which deals with elective officials. It immediately executory. Should the motion to
is the Intention of the 1987 Constitution to dismiss be granted or not? Discuss
be more stringent with elective local officials. briefly. (5%)
ALTERNATIVE ANSWER: SUGGESTED ANSWER:

B. The motion to dismiss should be denied.
Yes, he may accept such designation Since the suspension of Director WOW was
without forfeiting his mayorship. The immediately executory, he would have suffered
Constitutional provision being cited irreparable injury had he tried to exhaust
contemplates a "public office or position". It is administrative remedies before filing a petition in
believed that the Local Amnesty Board is not court (University of the Philippines Board of
such an office since it is merely an ad hoc body. Regents v. Rasul, 200 SCRA 685 [19910-
Besides, it is believed that its functions are not Besides, the question involved is purely legal.
"sovereign" in character which is one of the (Azarcon v. Bunagan, 399 SCRA 365 [2003]).
elements of a public office.
Ombudsman; Power to Investigate (2003)
No II A group of losing litigants in a case his authority. Congress intended to empower the
decided by the Supreme Court filed a complaint Ombudsman to suspend all officers, even if they
before the Ombudsman charging the Justices are employed in other offices in the
with knowingly and deliberately rendering an Government. The words "subordinate" and "in
unjust decision in utter violation of the penal his bureau" do not appear in the grant of such
laws of the land. Can the Ombudsman validly power to the Ombudsman.
take cognizance of the case? Explain.
SUGGESTED ANSWER: Power to Issue Subpoena; validity
of delegation (1989)
No, the Ombudsman cannot entertain the
No. 17: Assume that under the charter of the
complaint. As stated in the case of In re:
City of Manila, the City Mayor has the power to
Laureta. 148 SCRA 382 [1987], pursuant to the
investigate city officials and employees
principle of separation of powers, the
appointed by him and in connection therewith,
correctness of the decisions of the Supreme
administer oath, take testimony and issue
Court as final arbiter of all justiciable disputes is
subpoenas. The mayor issued an executive
conclusive upon all other departments of the
order creating a committee, chaired by "X", to
government; the Ombudsman has no power to
investigate anomalies involving licensed
review the decisions of the Supreme Court by
inspectors of the License Inspection Division of the
entertaining a complaint against the Justices of the
Office of the City Treasurer, In the course of its
Supreme Court for knowingly rendering an unjust
investigation, "X" subpoenaed "Y", a private citizen
decision.
working as bookkeeper of Asia Hardware.
SECOND ALTERNATIVE ANSWER: "Y" refused to appear contending that the
Article XI, Section 1 of the 1987 Constitution Committee of "X" has no power to issue subpoenas.
provides that public officers must at all times be Decide.
accountable to the people. Section 22 of the SUGGESTED ANSWER:
Ombudsman Act provides that the Office of the
Yes, the committee has no power to issue
Ombudsman has the power to investigate any
subpoenas according to Carmelo vs, Ramos, 6
serious misconduct allegedly committed by
SCRA 836. In creating the committee, the
officials removable by impeachment for the
mayor did not grant it the power to issue
purpose of filing a verified complaint for
impeachment if warranted. The Ombudsman can subpoenas. Besides, the mayor cannot
entertain the complaint for this purpose. delegate his power to issue subpoenas.
Prohibition On Elective Officer to Hold
Ombudsman; Power to Suspend; Preventive Public Office (2002)
Suspension (1996) No VII. X was elected provincial governor for a
No. 10: 2) An administrative complaint for term of three years. He was
violation of the Anti-Graft and Corrupt Practices Act subsequently appointed by the President of
against X was filed with the Ombudsman. the Philippines serving at her pleasure,
Immediately after taking cognizance of the case and as concurrent Presidential Assistant for
the affidavits submitted to him, the Political Affairs in the Office of the
Ombudsman ordered the preventive President, without additional compensation.
suspension of X pending preliminary Is X's appointment valid? (5%)
investigation. X questioned the suspension
order, contending that the Ombudsman can SUGGESTED ANSWER:
only suspend preventively subordinate The appointment of X is not valid, because the
employees in his own office. position of Presidential Assistant for Political
Is X correct? Explain. Affairs is a public office. Article IX-B Section 7
of the Constitution provides that no elective
SUGGESTED ANSWER:
official shall be eligible for appointment or
No, X is not correct. As held in Buenaseda vs. designation in any capacity to any public office or
Flavier, 226 SCRA 645. under Section 24 of position during his tenure. As held in Flores v.
Republic Act No. 6770, the Ombudsman can Drilon, 223 SCRA 568 (1993), since an
place under preventive suspension any officer elective official is ineligible for an appointive
under his disciplinary authority pending an position, his appointment is not valid.
investigation. The moment a complaint is filed Public Office; Public Trust (1998)
with the Ombudsman, the respondent is under
No V. - Suppose Congress passed a law incrimination seeks to prevent is the conviction
to Implement the Constitutional principle that of the witness on the basis of testimony elicited
a public office is a public trust, by from him. The rule is satisfied when he
providing as follows: is granted immunity.
"No employee of the Civil Service shall ALTERNATIVE ANSWER:
be excused from attending and testifying or from
1. In accordance with Evangelista vs. Jarencio, 68
producing books, records,
SCRA 99, 107-108, If Ong is being cited merely
correspondence, documents or other evidence in
as a witness, he may not refuse to answer.
any administrative investigation concerning the
However, if the question tends to violate his
office in which he is employed on the
right against self-incrimination, he may object to
ground that his testimony or the evidence
required of him may tend to incriminate him or it. On the other hand, under the ruling in Chavez
subject him to a penalty or forfeiture; but his vs. Court of Appeals, 24 SCRA 663, 680, If he is a
testimony or any evidence produced by him respondent, Ong may refuse to answer any
shall not be used against him in criminal question because of his right against self-
prosecution based on the transaction, matter or incrimination.
thing concerning which is compelled, after SUGGESTED ANSWER:
invoking his privilege against self-incrimination, to
2. No Ong cannot argue that the
testify or produce evidence. Provided,
Civil Service Commission inferred his guilt
however, that such individual so testifying shall not
be exempt from prosecution and
from his refusal to answer. He was not
punishment for perjury committed in so
dismissed because of his involvement in the
testifying nor shall he be exempt from demotion or
leakage in the medical examination but for
removal from office. Any employee who his refusal to answer. This is a violation of the
refuses to testify or produce any documents law. He could be compelled to answer the
under this Act shall be dismissed from the question on pain of being dismissed in case of
service," his refusal, because he was granted Immunity.
Suppose further, that Ong, a member of In Lefkowitz vs. Turley. 414 U.S. 70, 84,
the Professional Regulatory Board, is the United States Supreme Court held:
required to answer questions in an "Furthermore, the accomodation
investigation regarding a LEAKAGE in between the interest of the State and the Fifth
a medical examination. Amendment requires that the State have means at
(2) Can Ong refuse to answer questions on the its disposal to secure testimony if immunity is
supplied and testimony is still refused. This is
ground that he would incriminate himself? [4%]
recognized by the power of courts to compel
(3) Suppose he refuses to answer, and for that testimony, after a grant of immunity, by use of
reason, is dismissed from the service, can civil contempt and coerced imprisonment.
he pausibly argue that the Civil Shilitani v. United States, 384 US 364. 16 L Ed 2d
Service Commission has inferred his guilt 622. 86 5 Ct 1531 (1966). Also, given
from his refusal to answer in adequate immunity the State may plainly insist
violation of the Constitution? |3%] that employees either answer questions under
(4) Suppose, on the other hand, he oath about the performance of their job or suffer the
answers the question and on the basis of his loss of employment."
answers, he is found guilty and is dismissed. SUGGESTED ANSWER:
Can he plausibly assert that his dismissal is 3. Jes Ong can argue that his dismissal
based on coerced confession? I3%] was based on coerced confession. In Garrity vs.
SUGGESTED ANSWER: New Jersey, 385 U.S. 493, 500, the United States
1. No, Ong cannot refuse to answer the Supreme Court held: "We now hold the
question on the ground that he would protection of the individual under the Fourteenth
incriminate himself, since the law grants him Amendment against coerced statements
immunity and prohibits the use against him in a prohibits use in subsequent criminal
criminal prosecution of the testimony or proceedings of statements obtained under
evidence produced by him. As stated by the threat of removal from office, and that it extends to
United States Supreme Court in Brown vs. all, whether they are policemen or other
Walker. 161 U.S. 591, 597, what the members of the body politic."
constitutional prohibition against self- Retirement Benefits (1996)
No. 9: 2) A, an employee of the National 1. I disagree. Under Section 7, Article
Treasurer, retired on January 10, 1996. Before XII of the Constitution, a corporation or
she could collect her retirement benefits, association which is sixty percent owned by
the National Treasurer discovered that A had Filipino citizens can acquire private land,
been negligent in the encashment of falsified because it can lease public land and can
treasury warrants. It appears, however, therefore hold public land. However, it cannot
that A had received all money and acquire public land. Under Section 3, Article XII of
property clearances from the National the Constitution, private corporations and
Treasurer before her retirement. associations can only lease and cannot acquire
Can the National Treasurer withhold public land.
the retirement of A pending determination of Under Section 8, Article XII of
her negligence in the encashment of the the Constitution, a natural-born Filipino citizen
falsified treasury warrants? Explain. who lost his Philippine citizenship may
SUGGESTED ANSWER: acquire private land only and cannot
acquire public land.
2) In accordance with Tantuico vs.
(3) I disagree. The mere fact that a
Domingo, 230 SCRA 391 and Cruz us.
corporation is religious does not entitle it to own
Tantuico, 166 SCRA 670, the National
public land. As held In Register of Deeds vs.
Treasurer cannot withhold the payment of the
Ung Siu Si Temple, 97 Phil. 58, 61, land tenure is
retirement benefits of A pending determination of
not indispensable to the free exercise and
her liability for negligence in the encashment of the
enjoyment of religious profession of worship. The
falsified treasury warrants, because her
religious corporation can own private land only if
retirement benefits are exempt from execution.
it is at least sixty per cent owned by Filipino
citizens.
(4) I disagree. Under Section 1 of
Presidential Decree No. 471, corporations and
ARTICLE XII National Economy
associations owned by aliens are allowed to
and Patrimony lease private lands up to twenty-five years,
renewable for another period of twenty-five
Acquisition and Lease of Public Lands years upon agreement of the lessor and the
(1998) lessee. Hence, even if the religious corporation is
owned by aliens, it can lease private lands.
Express your agreement or disagreement with
any of the following statements. Begin your (5) I disagree. For a corporation' to
answer with the statement: "I AGREE" or qualify to acquire private lands in
"DISAGREE" as the case may be. the Philippines, under Section 7, Article Xn
of the Constitution in relation to Section 2,
(3) Anyone, whether Individual,
Article XII of the Constitution, only sixty per
corporation or association, qualified to acquire
cent (60%) of the corporation is required to
private lands is also qualified to acquire public be owned by Filipino citizens for it to qualify to
lands in the Philippines. [2%] acquire private lands.
(4) A religious corporation is qualified t o (6) I agree. A foreign corporation can
have lands in the Philippines on which it may build lease private lands only and cannot lease public
Its church and make other improvements land. Under Section 2, Article XII of the
provided these are actually, directly and Constitution, the exploration, development and
exclusively used for religious purposes. [2%] utilization of public lands may be undertaken
(5) A religious corporation cannot through co-production. Joint venture or
lease private lands In the Philippines. [2%] production-sharing agreements only with
Filipino citizen or corporations or associations
(6) A religious corporation can acquire
which are at least sixty per cent owned by
private lands in the Philippines provided all its
Filipino citizen.
members are citizens of the Philippines. [2%]
(7) A foreign corporation can
only lease private lands in the Philippines. [2%] Acquisition of Lands (1987)
SUGGESTED ANSWER: No. XV: On March 1, 1987, "ABC" Corporation,
a company engaged in the export trade, applied
for judicial confirmation of its title over ten accident without leaving a last will
hectares of timber lands. The company bought the and testament.
land from "X" who in turn inherited it from his
Now, X brought suit to recover the land on the
father "Y". The latter had been in open,
ground that B, being an alien, was not qualified
notorious, public and continued possession of
to buy the land when B and A jointly bought the
the land since 1925. On what valid grounds can
land from him and that, upon the death of C,
you, as Solicitor General, oppose the
the land was inherited by his parents but B
application?
cannot legally acquire and/or inherit it.
ANSWER: How should the case be decided? If X filed the suit
As Solicitor General, I can oppose the against C when the latter was still alive, would
application for confirmation of title on the your answer be the same? Why? (5%)
ground that under Art. XII, Sec. 3 timber lands
SUGGESTED ANSWER:
cannot be alienated. The ruling in Director of
Lands v. IAC, 146 SCRA 509 (1986), and X cannot recover the land whether from C or A and
Director of Lands v, Bengzon, No. 54045, July B. Under Article IV, Section 1 (2) of the
28, 1987, reiterated in Director of Lands v. Constitution, C is a Filipino citizen since his
Manila Electric Co., G.R, No. 57461, Sept. 11, father is a Filipino. When A and B donated the land
1987, to the effect that a corporation is entitled to to C, it became property of a Filipino
the confirmation of imperfect title to lands citizen. As held in Halili v. Court of Appeals, 287
acquired by it from private individuals who have SCRA 465 (1998), the sale of land to an alien
possessed the same for 30 years, under bona can no longer be annulled if it has been
fide claim of ownership, for the reason that such conveyed to a Filipino citizen. Since C left no
persons are presumed to have performed all will and his parents are his heirs, in accordance with
conditions essential to a government grant and, Article XII, Section 7 of the Constitution, B can
therefore, are entitled to the issuance of a acquire the land by hereditary succession.
certificate of title, applies only to agricultural
lands.
Acquisition of Lands; Citizenship issue
(1989)
Acquisition of Lands (2000) No. 1: Maria, a natural-born Filipino citizen,
No XVIII. - a) Andy Lim, an ethnic Chinese, went to the United States in 1965 to work as a
became a naturalized Filipino in 1935. But later he nurse. With her savings, she bought a parcel of
lost his Filipino citizenship when he became a land consisting of 1,000 square meters in a
citizen of Canada in 1971. Wanting the best of residential subdivision in Metro Manila. She had
both worlds, he bought, in 1987, a residential lot in the said property titled in her name in 1970. In
Forbes Park and a commercial lot in Binondo. July, 1972, Maria acquired American citizenship
Are these sales valid? Why? (3%) by naturalization. Two months later,
she married her Canadian boyfriend.
SUGGESTED ANSWER:
4. Can Maria validly sell this parcel of land to
No, the sales are not valid. Under Section
the younger sister of her husband who is also a
8, Article XII of the Constitution, only a
Canadian citizen?
natural- born citizen of the Philippines
who lost his Philippine citizenship may 5. Supposing Maria's husband dies and
acquire private land. Since Andy Lim was she decides to reside in the
a former naturalized Filipino citizen, he is Philippines permanently, can Maria buy the
not qualified to acquire private lands. parcel of land consisting of 400 square
meters neighboring her own?
ANSWER:
Acquisition of Lands by Hereditary
(1) No, Maria cannot validly sell the parcel of
Succession (2002)
land to the younger sister of her husband who
No XI. - A, a Filipino citizen, and his wife B, a
is a Canadian citizen. Under Section 7, Article
Japanese national, bought a five-hectare XII of the 1987 Constitution, as a general rule,
agricultural land from X, a Filipino citizen. The aliens cannot acquire private land since
couple later executed a deed of donation over pursuant to Section 2, in relation to Section 3,
the same land in favor of their only child C. A Article XII, of the 1987 Constitution they are not
year later, however, C died in vehicular qualified to acquire or hold lands of the public
domain. Under Section 7, Article XII of the 1987 Section 7, Article XII of the Constitution against
Constitution, an alien can acquire public land by the acquisition of private lands by aliens.
hereditary succession. Under Section 8, Article XII
2) Because of the naturalization of Peter Co
of the 1987 Constitution, a natural-born
as a Filipino citizen, he can exercise the option to
Philippine citizen who lost his Philippine
purchase the land. In accordance with the ruling
citizenship may be a transferee of private land. The
in Yap vs. Grageda, 121 SCRA 244. since he is
younger sister of the husband of Maria is not
qualified to own land, the policy to preserve
acquiring the private land by hereditary
lands for Filipinos will be achieved.
succession but by sale. Neither is she a former
natural-born Philippine citizen who lost her
Philippine citizenship. Consequently, neither of
the exceptions found in the above-mentioned
provisions is applicable to her.
(1995)
No 11; In June 1978 spouses Joel and Michelle
purchased a parcel of land. Lot No. 143,
(2) No, Maria cannot buy the adjoining parcel of Cadastral Survey No. 38-D, with an area of 600
land. Under Section 2 of Batas Pambansa Blg. square meters for their residence in Cainta,
185, a natural-born Philippine citizen who Rizal, from Cecille who by herself and her
lost his Philippine citizenship, may acquire predecessor-in-interest had been in open,
only up to 1,000 square meters of private public, peaceful, continuous and exclusive
urban land. Since Maria has previously possession of the property under a bona fide
acquired a parcel of land with an area of claim of ownership long before 12 June 1945.
1,000 square meters, she can no longer At the time of purchase, the spouses Joel and
purchase any additional parcel of urban land. Michelle were then natural born Filipino
Alternative Answer: citizens.
In February 1987 the spouses filed an
Yes, she can acquire the adjacent land which
application for registration of their title before the
has an area of 400 square meters since the law
proper court. This time however Joel and
limits acquisition of lands to 1,000 square Michelle were no longer Filipino citizens. The
meters after the loss of Philippine citizenship. government opposed their application for
registration alleging that they have not acquired
proprietary rights over the subject lot because of
their subsequent acquisition of Canadian
(1994) citizenship, and that unregistered lands are
No. 17: A and B leased their residential land presumed to be public lands under the principle that
consisting of one thousand (1,000) square lands of whatever classification belong to the
meters to Peter Co, a Chinese citizen, for a State under the Regalian doctrine, hence, they
period of fifty (50) years. In 1992, before the still pertain to the State.
term of the lease expired. Co asked A and B to How will you resolve the issues raised
convey the land to him as the contract gave him the
by the applicants and the oppositor?
option to purchase said land if he became a
Discuss fully.
naturalized Filipino citizen. Co took his oath as a
Filipino citizen in 1991. ANSWER:
C. Was the contract of lease for a period The argument of the government that
of fifty (50) years valid considering that the unregistered lands are presumed to be public
lessee was an alien? lands is utterly unmeritorious. As held in
Republic vs. Court of Appeals. 235 SCRA 562, in
D. What is the effect of the naturalization
accordance with Section 48 of the Public Land
of Peter Co as a Filipino citizen on the Act, since the predecessors-in- interest of Joel and
validity of the option to purchase given him? Michelle had been in open, public, peaceful,
ANSWER: continuous and exclusive possession of the
land under a bona fide claim of ownership
1) As held in Philippine Banking Corporation
long before June 12. 1945, their
vs. Lui She. 21 SCRA 52, the lease of a parcel of
predecessors- in-interest had acquired the land,
land with an option to buy to an alien is a
because they were conclusively presumed to
virtual transfer of ownership to the alien and
have performed all conditions essential to a
falls within the scope of the prohibition in
government grant. The land ceased to be a part

of the public domain. It is alienable and 2) The Deed of Sale cannot be
disposable land. Joel and Michelle acquired the annulled. As held in Cheesman vs. Intermediate
rights of their predecessors-in-interest by virtue Appellate Court, 193 SCRA 93. to accord to
of the sale to them. John Smith, an alien, the right to have a
Joel and Michelle can have the land registered in decisive vote as to the disposition of the land
their names. They were natural-born Filipino would permit an indirect controversion of the
citizens at the time of their acquisition of the constitutional prohibition against the acquisition of
land. In any event they were Filipino citizens at the private lands by aliens.
time of their acquisition of the land. Their
becoming Canadian citizens subsequently is
Citizenship Requirement in Management
immaterial. Article XII, Sec. 8 of the 1987
Constitution presupposes that they purchased the
of Advertising Industry (1989)
land after they lost Filipino citizenship. It does No. 11: (2) May a foreigner who owns
not apply in this case at all. substantial stockholdings in a corporation
engaged in the advertising industry sit as a
treasurer of said corporation? Cite the
Acquisition of Lands; Prohibition; constitutional provision in point.
acquisition of private lands by aliens (1994) SUGGESTED ANSWER:
No.18; John Smith, a US national, was married to
Petra de Jesus, a Filipino citizen, on June 5, 1980.
Section 11(1), Article XVI of the
Two (2) years later, Petra purchased a parcel of 1987 Constitution provides;
residential land from Jose Cruz using her own (2) No, a foreigner who owns shares of stock in
funds. The Deed of Sale states that the land was a corporation engaged in the
sold to "Petra married to John Smith" and was advertising industry cannot serve as
registered as such. With the knowledge of treasurer in the corporation, for a treasurer
John Smith, Petra administered the land, is an executive or managing officer.
leasing parts thereof to several individuals.
Three (3) years later, Petra, without the knowledge
Section 11(2), Article XVI of the
of John Smith, sold the land to David Perez. 1987 Constitution provides:
Upon learning of the transaction, John Smith "The participation of foreign investors in the
filed a case to annul the Deed of Sale. Citing governing body of entities in such
Art. 160 of the Civil Code, he argued that industry shall be limited to their
said sale was without his consent, the property proportionate share in the capital
being conjugal as it was purchased at the time thereof, and all the executive and
he was married to Petra. He presented the managing officers of such entities must be
Deed of Sale executed by Petra stating that she is citizens of the Philippines."
married to John Smith. He wants to recover at
least his conjugal share. Engagement in Business & Exercise
C. Is John Smith entitled to of Profession (1987)
his conjugal share? No. IX: The Philippine entered into a Treaty
D. May the Deed of Sale executed by of Friendship, Comity and Commerce
Petra In favor of David Perez be annulled? with Indonesia with the following provisions:
ANSWER: (1 ) The nationals of each contracting
State admitted to the practice of law in said
1) No, John Smith is not entitled to his State, to practice law without taking the bar
conjugal share in the land. Firstly, since it was
examinations in the other contracting State.
acquired with the personal funds of Petra de
Jesus, in accordance with the ruling in Mirasol (2) The nationals of each contracting
vs. Lim, 59 Phil. 701, the presumption that the State to engage in retail trade business in the
property is conjugal has been rebutted. territory of the other contracting State.
Secondly, a declaration that John Smith is Is the treaty valid?
entitled to a conjugal share in the land will
SUGGESTED ANSWER:
violate the prohibition against the conveyance of
private lands to aliens embodied in Section 7, The treaty is valid.
Article XII of the Constitution.
(1) Art. XII, Sec. 14 provides that the practice
of all professions in the Philippines shall be
limited to Filipino citizens, save in cases corporation involving technical and financial
prescribed by law. Here the treaty has the force assistance for the exploration and exploitation of
of law. minerals, but there should be no Joint
venture. Section 2, Article XII of the Constitution
(2) Art. XII. Sec. 10 provides that Congress
authorizes the President to enter into
shall reserve to citizens of the Philippines or to
agreements with foreign-owned corporations
corporations or associations at least 60% of the
involving technical or financial assistance for the
capital of which is owned by such citizens
exploration, development, and utilization of
certain areas of investment. There can be no
question then as to the validity of the minerals. However, the same provision states the
Nationalization of Retail Trade Law, the joint venture for the exploration,
constitutionality of which was sustained in development and utilization of natural resources
Ichong v. Hernandez, 101 Phil. 1155 (1957) may be undertaken only with Filipino citizens, or
even in the absence of a similar express grant of corporations or associations at least sixty per
power to Congress under the 1935 cent of whose capital is owned by Filipino
Constitution. Although Congress can repeal or citizen.
amend such law, it may not be amended by a
treaty in view of Art. XII, Sec. 22 which declares acts
Expropriation of Public Utilities (1992)
of circumvent or negate any provisions of this
Art. XII to be inimical to national interest and No. 11 - The Philippine Commodities Office
subject the offenders to criminal and civil (PCO), a government agency, wishes to
sanctions. For then the Retail Trade establish a direct computer and fax linkup with
Nationalization Law becomes part of Art. XII, trading centers in the United States. The
having been passed pursuant to the mandate in advanced technology of a private company,
Sec. 10. Philippine Pacific Telecommunications, is
However, it may also be plausibly argued that a necessary for that purpose but negotiations
treaty may amend a prior law and treaty of between the parties have failed. The Republic,
friendship, comity and commerce with in behalf of the PCO, files suit to compel the
Indonesia may be deemed to have created telecommunications company to execute a
an exception in the Nationalization of Retail contract with PCO for PCO's access and use of the
Trade Law in favor of Indonesian citizen. company's facilities.
Decide. If the case will not prosper, what
Exploration and Development of Minerals alternative will you propose to the Republic?
(1994) SUGGESTED ANSWER:
No. 11: In the desire to improve the fishing
methods of the fishermen, the Bureau of The action will not prosper. As held in Republic of
Fisheries, with the approval of the President, the Philippines vs. Philippine Long Distance
Telephone Company, 26 SCRA 620, parties
entered into a memorandum of agreement to
cannot be compelled to enter into a contract.
allow Thai fishermen to fish within 200 miles
However, since under Section 18, Article XII of the
from the Philippine sea coasts on the condition that
Constitution, the State may expropriate public
Filipino fishermen be allowed to use Thai fishing
utilities, the Republic of the Philippines may
equipment and vessels, and to learn modern
compel the Philippine Pacific
technology in fishing and canning.
Telecommunications to allow access to its
(2) Is the agreement valid? facilities. If the Republic of the Philippines can
(3) Suppose the agreement is for a joint take title to the facilities of Philippine Pacific
venture on the same area with a Thai oil Telecommunications by its power of
corporation for the exploration and exploitation of expropriation, there is no reason why it cannot
minerals with the Thai corporation providing use such power to impose only a burden upon
technical and financial assistance. Is the Philippine Pacific Telecommunication without
loss of title.
agreement valid?
ANSWER; Lease of Private Agricultural Lands (2001)
4) No. Only Filipinos may fish in No IV - A is an alien. State whether, in the
exclusive economic zone... Philippines, he:
5) The President can enter into a a) Can be a lessee of a private agricultural
memorandum of agreement with a Thai oil land, (3%)
SUGGESTED ANSWER; According to Manila Prince Hotel v.
Yes, an alien can be a lessee of private
Government Service Insurance System,
agricultural land. As stated in Krivenko vs.
267 SCRA 408, the national patrimony
refers not only to our natural resources but
Register of Deeds of Manila, 79 Phil. 461
also to our cultural heritage.
(1947), aliens can lease private agricultural
Nationalized Activities (1994)
land, because they are granted temporary
rights only and this is not prohibited by the 2) Give a business activity the equity of which
Constitution. must be owned by Filipino citizens:
0 at least 60%
National Economy & Patrimony; 1 at least 70%
Constitutional Prohibition (2004)
2 100%
(8-b) B. EAP is a government corporation
created for the purpose of reclaiming 3) Give two cases in which aliens may
lands including foreshore and submerged be allowed to acquire equity in a business
areas, as well as to develop, improve, acquire, activity but cannot participate in the
lease and sell any and all kinds of lands. A management thereof?
law was passed transferring title to EAP of SUGGESTED ANSWER:
lands already reclaimed in the foreshore and
offshore areas of MM Bay, particularly the 1) a) At least sixty per cent (60%) of the equity
so-called Liberty Islands, as alienable and of the entities engaged in the following
disposable lands of the public domain. Titles business must be owned by Filipino citizens
were duly issued in EAP's name. under the Constitution.
1. Co-production, Joint venture,
Subsequently, EAP entered into a joint venture
agreement (JVA) with ARI, a private foreign
or production-sharing agreement
corporation, to develop Liberty Islands. with the State for the
Additionally, the JVA provided for the exploration, development, and
reclamation of 250 hectares of submerged land in utilization of natural resources
the area surrounding Liberty Islands. EAP (Section 2, Article XII)
agreed to sell and transfer to ARI a portion of 2. Operation of a public utility (Section
Liberty Islands and a portion of the area to be 11, Article XII)
reclaimed as the consideration for ARI's role and
3. Education (Section 4(2), Article XIV)
participation in the joint venture, upon
approval by the Office of the President. Is there any
constitutional obstacle to the sale and transfer b) At least seventy percent (70%) of the equity of
by EAP to ARI of both portions as provided for business entities engaged in advertising must
in the JVA? (5%)
be owned by Filipino citizens under the
SUGGESTED ANSWER: Constitution. (Section 11(2), Article XVI)
B. ARI cannot acquire a portion of Liberty
Islands because, although EAP has title to
c) Mass media must be wholly owned by
Liberty Islands and thus such lands are
Filipino citizens under the Constitution (Section
alienable and disposable land, they cannot be
sold, only leased, to private corporations. The 11(1), Article XVI).
portion of the area to be reclaimed cannot be
sold and transferred to ARI because the seabed is 2) Under the Constitution, aliens may acquire
inalienable land of the public domain.
equity but cannot participate in
(Section 3, Article XII of the 1987 Constitution;
the management of business entities
Chavez v. Public Estates Authority, 384 SCRA
engaged in the following activities:
152 [2002]).
(3) Public utilities (Section 11, Article
National Patrimony; definition (1999) XII)
No XII - What is meant by National Patrimony? (4) Education (Section 4(2) .Article XIV)
Explain the concept of National (5) Advertising (Section 11(2),
Patrimony? (2%)
Article XVI)
SUGGESTED ANSWER:
Ownership Requirement of Mass Media SUGGESTED ANSWER:
(1989) The law is valid as under Article XII,
Section 2 of the 1987 Constitution, the
No. 11: (1) A domestic corporation with
30% foreign equity proposes to publish a
natural resources shall be under the full
weekly magazine for general circulation in
control and supervision of the State. It is
Metro Manila which will feature the lifestyles
also provided that the State may directly
of the rich and the famous. May this be done?
undertake such activities or it may enter
Cite the constitutional provision in point.
into co-production, joint venture or sharing
SUGGESTED ANSWER: agreements with Filipino citizens or
(1) No, the corporation cannot publish corporations or associations, at least 60%
a weekly magazine since it is engaged in Filipino-owned.
the operation of a mass media and is not Furthermore, the President may enter into
wholly owned by Philippine citizens. agreements with foreign-owned
corporations involving technical or
Section 11(1), Article XVI of the 1987
financial assistance for large-scale
Constitution provides; "The ownership and
management of mass media shall be limited to
minerals, petroleum and other mineral oils,
citizens of the Philippines, or to corporations,
according to terms and conditions
cooperatives or associations, wholly-owned and
provided by law. A state corporation,
managed by such citizens."
unlike a private corporation, may be
created by special law and placed under
Chinese citizens; engaging in retail trade the control of the President, subject to
(Q4-2006) such conditions as the creating statute
may provide.
State whether or not the following laws are
constitutional. Explain briefly.
3. A law prohibiting Chinese citizens from ARTICLE XIII Social Justice and
engaging in retail trade. (2%)
SUGGESTED ANSWER: Human Rights
The law is invalid as it singles out and Agrarian Reform Law; Coverage (1992)
deprives Chinese citizens from engaging in No. 12: Teodoro Luzung is engaged in the
retail trade. In Ichong v. Hernandez, G.R. business of prawn farming, The prawns are
No. L-7995, May 31,1957, the court held
nurtured in his fishponds in Mindoro and, upon
that the Treaty of Amity between the Republic
harvest, are immediately frozen for export.
of the Philippines and the Republic of
China guarantees equality of treatment to Congress passed the Comprehensive
the Chinese nationals "upon the same Agrarian Reform Law of 1988 which provides
terms as the nationals of any other among others that all private lands devoted to
country." Thus, the court ruled therein agriculture shall be subject to agrarian reform.
that the nationals of China are not The law includes under the term "agriculture"
discriminated against because nationals of all the following activities: cultivation of the soil,
other countries, except those of the United planting of crops, growing of fruit trees, raising
States, who are granted special rights by of livestock, poultry or fish. The Department of
the Constitution, are all prohibited from Agrarian Reform issued an implementing order
engaging in the retail trade. In the case at which provides that commercial farms used for
bar, the law discriminates only against aqua-culture, including salt-beds, fishponds and
Chinese citizens and thus violates the equal prawn farms are within the scope of the law.
protection clause. Can the law be declared
unconstitutional? Decide.
Exploration, development, and utilization of SUGGESTED ANSWER:
natural resources (Q4-2006) As held in Luz Farms vs. Secretary of the
State whether or not the law is Department of Agrarian Reform, 192 SCRA 51, the
constitutional. Explain briefly. law is unconstitutional insofar as it included
2. A law creating a state corporation livestock, poultry and swine raising. In the
to exploit, develop, and utilize definition of the agricultural land which the
compressed natural gas. (2%) Constitutional Commission adopted in
connection with agrarian reform, lands devoted to the occupants to vacate the structures within
such purposes were not included. However, both five days from notice, otherwise they would be
the law and the implementing order are evicted and relocated and their shanties
constitutional insofar as they included removed, in order that the parcel of land could be
fishponds. The definition of agricultural land converted into a park for public use and
which the Constitutional Commission adopted enjoyment. The inhabitants of the parcel of land
included fishponds. complained to the Commission on Human
Rights urging that the Mayor of Quezon City be
stopped from doing what he has threatened to
Commission on Human Rights; Power to do. The Commission on Human Rights, after
investigate (1992) conducting an investigation and finding that the
No. 15 - Walang Sugat, a vigilante group shanties of petitioners were already being
composed of private businessmen and civic demolished by then, ordered the Quezon City
leaders previously victimized by the Nationalist Mayor and persons Implementing his order to
cease and desist from demolishing petitioners'
Patriotic Army (NPA) rebel group, was
shanties under pain of contempt.
implicated in the torture and kidnapping of Dr.
Mengele, a known NPA sympathizer. What have you to say on the validity of the
actuation of the Commission on Human Rights in
b) Does the Commission on
Human Rights have the power to relation to that of the Quezon City Mayor?
investigate and adjudicate the matter? SUGGESTED ANSWER:
SUGGESTED ANSWER; The actuation of the Commission on Human
Rights is void. In Simon vs. Commission on
b) Under Section 18, Article XIII of the
Human Rights, 229 SCRA 117. the Court held
Constitution, the Commission on Human Rights has
that the Commission on Human Rights has no
the power to investigate all forms of human rights
power to issue a restraining order or a writ of
violations involving civil and political rights and
injunction and has no power to cite for contempt for
to monitor the compliance by the government
violation of the restraining order or a writ of
with international treaty obligations on human
preliminary injunction. The cease and desist
rights. As held in Carino vs. Commission on
order, according to the Court, is a semantic
Human Rights, 204 SCRA 483, the Commission
Interplay for a restraining order. Its power to cite for
on Human Rights has no power to decide
contempt should be understood to apply only to
cases involving violations of civil and political
violations of its adopted operational guidelines
rights. It can only investigate them and then
and rules of procedure essential to carry out its
refer the matter to the appropriate
investigatorial powers, which it is constitutionally
government agency.
authorized to adopt.
ALTERNATIVE ANSWER:
If what is referred to in the problem is the
Commission on Human Rights under the United Commission on Human Rights; Power to
National Economic and Social Council, the case issue TRO (2001)
may be investigated by the Commission based on No VI - In order to implement a big government
a special procedure for fact-finding and flood control project, the Department of Public
inquiry based on the consent of the States Works and Highways (DPWH) and a local
concerned. However, this does not constitute government unit (LGU) removed squatters from the
investigation in the usual sense of the term, bank of a river and certain esteros for
with no objective of establishing culpability. The relocation to another place. Their shanties were
Commission on Human Rights is not demolished. The Commission on Human Rights
empowered to make adjudications. (CHR) conducted an investigation and issued an
order for the DPWH and the LGU to cease and
desist from effecting the removal of the
Commission on Human Rights; Power to squatters on the ground that the human rights
issue TRO (1997) of the squatters were being violated. The
No. 8 - About a hundred people occupied a DPWH and the LGU objected to the order of the
parcel of land in Quezon City belonging to the CHR
city government and built shanties thereon Resolve which position is correct.
which they utilized for dwelling, sari-sari stores, etc. Reasons (5%)
The City Mayor issued an order directing
SUGGESTED ANSWER; consequent danger to life and limb
cannot be ignored. It is paradoxical that a
The position of the Department of Public Works and
right which is claimed to have been
Highways and of the local government unit is
violated is one that cannot, in the first
correct. As held in Export Processing Zone
place, even be invoked, if it is, in fact,
Authority v. Commission on Human Rights, 208
extant. Based on the circumstances
SCRA125 (1992), no provision in the
obtaining in this instance, the CHR
Constitution or any law confers on the
order for demolition do not fall within the
Commission on Human Rights jurisdiction to
compartment of human rights violations
issue temporary restraining orders or writs of
involving civil and political rights
preliminary injunction. The Commission on
intended by the Constitution. (Simon v.
Human Rights has no judicial power. Its powers are
Commission on Human Rights, G.R.
merely investigatory.
No. 100150, January 5, 1994)
(b) Can the CHR issue an "order to desist"

Commission on Human Rights; Power;
or restraining order? SUGGESTED
Limitations (Q4-2005)
c) Squatters and vendors have put up
ANSWER:
The CHR may not issue an "order to
structures in an area intended for a
desist" or restraining order. The
People's Park, which are impeding the flow of
constitutional provision directing the
traffic in the adjoining highway. Mayor Cruz
CHR to provide for preventive
gave notice for the structures to be
measures to those whose human rights
removed, and the area vacated within a
have been violated or need protection
month, or else, face demolition and
may not be construed to confer
ejectment. The occupants filed a case with
jurisdiction on the Commission to issue a
the Commission on Human Rights (CHR) to
restraining order or writ of injunction for,
stop the Mayor's move.
it that were the intention, the
The CHR then issued an "order to Constitution would have expressly said
desist" against Mayor Cruz with warning so. Jurisdiction is conferred only by the
that he would be held in contempt should Constitution or by law. It is never
he fail to comply with the desistance order. derived by implication. (Export
When the allotted time lapsed, Mayor Cruz Processing Zone Authority v.
Commission on Human Rights, G.R.
caused the demolition and removal of
No. 101476, April 14, 1992)
the structures. Accordingly, the CHR
cited him for contempt. (5%) (c) Is the CHR empowered to
0 What is your concept of Human Rights? declare Mayor Cruz in contempt?
Does this case involve violations Does it have contempt powers at all?
SUGGESTED ANSWER:
of human rights within the scope of
The CHR does not possess adjudicative
the CHR's jurisdiction?
functions and therefore, on its own, is
SUGGESTED ANSWER:
not empowered to declare Mayor Cruz
Under the Universal Declaration of
in contempt for issuing the "order to
Human Rights, the International
desist." However, under the 1987
Covenant on Economic, Social and
Constitution, the CHR is constitutionally
Cultural Rights and International
authorized, in the exercise of its
Covenant on Civil and Political Rights,
investigative functions, to "adopt its
the scope of human rights includes
operational guidelines and rules of
"those that relate to an individual's
procedure, and cite for contempt for
social, economic, cultural, political and
violations thereof in accordance with the
civil relations... along with what is
Rules of Court." Accordingly, the CHR,
generally considered to be his inherent
in the course of an investigation, may
and inalienable rights, encompassing
only cite or hold any person in contempt
almost all aspects of life."
and impose the appropriate penalties in
In the case at bar, the land adjoins a accordance with the procedure and
busy national highway and the sanctions provided for in the Rules of
construction of the squatter shanties Court. (Carino v. Commission on
impedes the flow of traffic. The
Human Rights, G.R. No. 96681, For these reasons, I would advise
December 2, 1991) the association to work for the veto of the bill
and, if it is not vetoed but becomes a law, to
challenge it in court.
Labor; Right to Self-Organization (1988)
No. 2: Because of the marked increase in the
incidence of labor strikes and of work
Labor; Right to Strike (1988)
stoppages in industrial establishments, No. 1: Hearings before a congressional
Congress intending to help promote industrial committee have established that many firms at the
peace, passed, over the objections of militant Bataan Export Processing Zone had closed down
labor unions, an amendment to the Labor Code, or pulled out because of unstable labor
providing that no person who is or has been a conditions resulting in so many strikes. To
member of the Communist Party may serve as an remedy the situation and inject vitality to the
officer of any labor organization in the export expansion program, some congressional
country. An association of former NPAs (New leaders and business executives propose that
Peoples Army) who had surrendered, availed of strike-free export zones be established.
amnesty, and are presently leading quiet and Do you believe that under the
peaceful lives, comes to you asking what could be
present Constitution, it is legally possible to put
done against the amendment. What would you
up such a strike-free export processing
advise the association to do? Explain.
zone in the country? Why or why not?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
In PAFLU v. Secretary of Labor, 27
No. The fact that many firms at the Bataan
SCRA 40 (1969) the Supreme Court upheld the
EPZA have been forced to close down by
validity of sec. 23 of the Industrial Peace Act
unstable labor condition brought about by strike
requiring labor unions to submit, within 60 days of
does not justify the ban on strike. The
the election of its officers, affidavits of the latter
Constitution guarantees the rights of workers to
that they are not members of the Communist
engage in "peaceful concerted activities,
Party, against the claim that the requirement
including the right to strike in accordance with
unduly curtailed freedom of assembly and
law." (Art. XIII, sec. 3). It is illegal strikes which can
association. The Court pointed out that the filing of
be prohibited but not all strikes. For strike is labor's
the affidavits was merely a condition for the
legitimate weapon. In the absence of a
acquisition by a labor organization of legal
compelling interest of the state (such as health and
personality and the enjoyment of certain rights
safety, e.g., the prohibition of strike in
and privileges which the Constitution does not
hospitals and industries indispensable to the
guarantee. On the other hand, the requirement
national interest) it cannot be prohibited.
constitutes a valid exercise of the State's police
power to protect the public against abuse, fraud
and impostors. Labor; Right to Strike (1993)
But the disqualification of members of
No. 15: Congressman Cheng says he is one of the
the CPP and its military arm, the NPA, from
co-authors of the Subic Bay Metropolitan
being officers of a labor union would (1) nullify
Authority Charter. He declares that the SBMA is the
the amnesty granted by the President with the
answer to rapid economic growth and the
concurrence, it may be assumed, of the
attainment of the President's Philippine 2000"
majority of the members of Congress and (2)
dream. However, Cheng is worried that foreign
permit the condemnation of the former NPA
capital might be slow in coming in due to
members without judicial trial in a way that
unstable working conditions resulting from too
makes it contrary to the prohibition against the
many strikes. To remedy this situation. Cheng
enactment of bill of attainder and ex post facto law.
proposes an amendment to SBMA law
The amnesty granted to the former NPAs
declaring it as a strike-free zone or total ban on
obliterated their offense and relieved them of the
strikes. Is this proposal legally defensible?
punishment imposed by law. (Barrioquinto v,
Explain briefly.
Fernandez, 82 Phil. 642 (1949)). The
amendment would make them guilty of an act, SUGGESTED ANSWER:
that of having been former members of the Art. XIII. sec. 3 of the Constitution guarantees
NPA, for which they have already been forgiven by the right of all workers to engage in peaceful
Presidential amnesty. concerted activities, including the right to strike
in accordance with law. Thus, a law cannot State to alleviate the plight of the
totally prohibit the right to strike but can underprivileged by removing Inequities, it
only regulate the exercise thereof. His simply made a general policy declaration and
proposal to ban strikes totally in the focused on social and economic inequities,
Subic Special Economic and Freeport b) In the 1987 Constitution, social Justice is
Zone is, therefore unconstitutional.
conceptualized as a set of specific
ALTERNATIVE ANSWER: economic, social and cultural rights.
While the Constitution guarantees to workers the c) The 1987 Constitutional provision on
right to engage in peaceful concerted social justice includes all phases of
activities, Including the right to strike, such right can national development. It includes
only be exercised in accordance with law. The economic, political, social and cultural rights.
phrase "in accordance with law" was Inserted
SUGGESTED ANSWER
precisely to Indicate that in some exceptional
cases workers would not have the right to strike 2. In Calalang v. Williams, et. al.. 70 Phil. 726,
if it is prohibited by law. Hence, the proposal to social justice was defined as "neither
ban strikes totally in the Subic Special communism nor despotism, nor atomism, nor
Economic and Freeport Zone is anarchy, but the humanization of laws and the
constitutional. (Social Security System equalization of social and economic forces by
Employees Association vs. Court of Appeals, 175 the State so that justice in its rational and
SCRA 686, July 28. 1989; Manila Public School objectively secular conception may at least be
Teachers Association v. Laguio, 200 SCRA 323 approximated. Social justice means the
(1991)). promotion of the welfare of all the people, the
adoption by the government of measures
calculated to insure economic stability of all the
Social Justice under the Present competent elements of society, through the
Constitution (1995) maintenance of a proper economic and social
No. 1- 1. Discuss the concept of social justice equilibrium in the interrelations of the members of
the community,"
under the 1987 Constitution,
On the other hand, Section 6, Article II of the
2. How does it compare with the old
1973 Constitution provided. The State shall
concept of social Justice under the 1973 promote social justice to ensure the dignity,
Constitution? Under the 1935 Constitution? welfare, and security of all the people. Toward
SUGGESTED ANSWER this end. the State shall regulate the acquisition,
ownership, use, enjoyment, and disposition of
1. Section 10, Article II of the 1987 Constitution
private property, and equitably diffuse property
provides. "The State shall promote social justice in
ownership and profits." This provision
all phases of national development". As
expounded on the concept of social justice by
stated in Marquez vs. Secretary of Labor, 171
expressly mentioning the regulation of property and
SCRA 337, social justice means that the State
the equitable diffusion of ownership.
should assist the underprivileged. Without such
help, they might not be able to secure justice for Note: It is suggested that the examiner
themselves. Since the provision on social should correlate the answers to both questions and
justice in the 1987 Constitution covers all give credit to answers which state that there is
phases of national development, it is not limited to an expansion of the range of social Justice in
the removal of socio-economic inequities but also the 1987 Constitution compared to the 1935 and
includes political and cultural inequities. The the 1973 Constitution.
1987 Constitution elaborated on the concept
of social justice by devoting an entire article,
Article XIII, to it. Women (2000)
Alternative Answers: No IX. b) What are the provisions of the
Constitution on women? (2%)
a) Section 5, Article II of the 1935 Constitution
provided, "The promotion of social justice to SUGGESTED ANSWER:
Insure the well-being and economic security of b) The following are the provisions of
all the people should be the concern of the
the Constitution on women:
State." While this provision embodied the
concept of social justice as an obligation of the

1) "It (the State) shall equally protect (c) The preference given to the poor
the life of the mother and the life man's son is justified. Not only is the seminary
of the unborn from conception." entitled to choose whom it will admit because it
(Section 12, Article II) enjoys institutional autonomy (Art. XIV, Sec.
5(2) ) but the choice made in this case is a wise and
2) The State recognizes the role of women
judicious one. The rich man's son had been
in nation-building, and shall ensure the
expelled from another school because of
fundamental equality before the law academic delinquency. Despite the economic
of women and men." (Section 14, advantage and opportunity he had, he still failed in
Article II) his school work, warranting a finding that he cannot
3) "The State shall protect working women by really do school work. On the other hand, the
providing safe and healthful working poor man's son may be academically deficient
conditions, taking into account their precisely as a result of poverty so that if relieved of
maternal functions, and such faculties its effects it is probable he will do better in school.
and opportunities that will enhance their The democratization of wealth and power, implicit
welfare and enable them to realize their full in Art. XIII, Sec. 1, and justifies the decision of
potential in the service of the nation." the Rector in this case.
(Section 14, Article XIII)
Education; Academic Freedom (1989)

ARTICLE XIV Education, No. 9: What do you understand by
Science and Technology, Arts academic freedom?
Education; Academic Freedom (1987) SUGGESTED ANSWER:
No. X: "X", a son of a rich family, applied for
According to Sidney Hook, academic freedom is
enrolment with the San Carlos Seminary in
the freedom of professionally qualified
Mandaluyong, Metro Manila. Because he had
persons to inquire, discover, publish and teach the
been previously expelled from another
truth as they see it in the field of their
seminary for scholastic deficiency, the Rector of San
competence without being subject to any
Carlos Seminary denied the application without
control or authority except the control or
giving any grounds for the denial. After "X" was
authority of the rational methods by which truths or
refused admission, the Rector admitted another
conclusions are sought and established in these
applicant, who is the son of a poor farmer who
disciplines.
was also academically deficient.
In Garcia vs. Faculty Admission
xxx Committee, 68 SCRA 277, it was held that the
(b) Prepare a brief argument academic freedom of institutions of higher
citing rules, laws, or Constitutional learning involves a wide sphere of autonomy in
provisions in support of the Rector's denial of deciding their objectives and the best means of
the motion for reconsideration. attaining them without outside interference
except when overriding public welfare calls for
(c) Give your decision on the some restraint. Thus, a school can determine for
appeal of "X" from the Rector's denial itself who may teach, who may be taught, how
of "X's" application, it shall be taught, and who may be
SUGGESTED ANSWER: admitted to study. In Tangonon vs. Pano, 137
SCRA 245, it was held that the academic
(b) The seminary has institutional
freedom of an institution of higher learning
autonomy which gives it the right, all things
includes the right to prescribe academic
being equal, to choose whom it will admit as
standards and to refuse re-enrollment to
student. (Garcia v. Faculty of Admission,
students for academic deficiencies and violation of
Loyola School of Theology, 68 SCRA 277 disciplinary regulations. According to
(1975); Villar v. Technological Institute of the University of San Carlos vs. Court of Appeals,
Philippines, 135 SCRA 706 (1985); Tangonan v. G.R. No. 79237, October 18, 1988, academic
Cruz Pano, 137 SCRA 245 (1985) ) This freedom includes the right to prescribe
autonomy is sufficiently large to permit in this requirements for the conferment of honors.
case the seminary to choose between the rich
man's son and the poor man's son.
Education; Academic Freedom (1993)

No. 18: Ting, a student of Bangkerohan academic freedom of an institution of higher
University, was given a failing grade by learning includes the freedom to determine who
Professor Mahigpit. Ting confronted Professor may teach, what may be taught, how it shall be
Mahigpit at the corridor after class and a heated taught, and who may be admitted to study.
argument ensued. Cooler heads prevented the Because of academic freedom, an institution of
verbal war ending in physical confrontation. higher learning can refuse to re-enroll a student who
Mahigpit left the campus and went shopping In a is academically deficient or who has violated
department store. Ting saw Mahigpit and the rules of discipline. Academic freedom
without any warning mauled the latter. Mahigpit filed grants institutions of higher learning the discretion
an administrative complaint against Ting before to formulate rules for the granting of honors.
the Dean of Students for breach of university Likewise, because of academic freedom, an
rules and regulations. The Dean set the institution of higher learning can close a school.
complaint for hearing. However, 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 Education; Alien Enrollees & Donors (1999)
school premises and therefore, outside the
No II - C. What is the rule on the number of
school's jurisdiction. The school and the Dean
aliens who may enroll in educational institutions
answered that the school can investigate
in the Philippines. Give the exception to
Ting since his conduct outside school hours
the rule. May such institutions accept
and even outside of school premises affect
the welfare of the school; and furthermore, the
donations from foreign students under the
case involves a student and faculty member. If
pretext that such donations are to be
you were the judge, how would you decide the used to buy equipment and improve
case? school facilities? Explain. (2%)
If I were the Judge, I would dismiss the petition. In C. Under Section 4(2), Article XIV of
Angeles v Sison, 112 SCRA 26, it was held that a the Constitution, no group of aliens shall
school can subject to disciplinary action a student comprise more than one-third of the enrollment
who assaulted a professor outside the school in any school. The exception refers to schools
premises, because the misconduct of the student established for foreign diplomatic personnel
involves his status as, a student or affects the and their dependents and, unless
good name or reputation of the school. The otherwise provided by law, for other foreign
misconduct of Ting directly affects his suitability temporary residents.
as a student. Educational institutions may accept
donations from foreign students. No provision in the
Constitution or any law prohibits it.
Education; Academic Freedom; Extent
(1999)
No II - A. What is Academic Freedom? Education; Duties of State in Re
Discuss the extent of Academic Freedom Education (1999)
enjoyed by institutions of higher learning. (2%) No II - B. Give two duties of the state
SUGGESTED ANSWER: mandated by the Constitution
regarding education. (2%)
A. According to Reyes v. Court of
Appeals, 194 SCRA 402, academic freedom is the SUGGESTED ANSWER:
freedom of a faculty member to pursue his studies B. Article XIV of the Constitution imposes the
in his particular specialty and thereafter to make following duties regarding education upon
known or publish the result of his endeavors the State:
without fear that retribution would be visited on him
in the event that his conclusions are found 1. The State shall protect and promote
distasteful or objectionable by the powers that the right of all citizens to
be, whether in the political, economic, or quality education at all levels and
academic establishments. shall take appropriate steps to
make such education accessible
In Garcia v. Faculty Admission
to all. (Section 1)
Committee, 68 SCRA 277, it was held that the
2. The State shall establish, maintain and Education; Flag Salute (1987)
support a complete, adequate, and
No. XIII: The requirement that school
integrated system of education relevant
children participate in flag ceremonies has
to the needs of the people and
been the subject of controversy. On the one
society. [Section 2(1)] hand it is the view that the requirement
3. The State shall establish and maintain violates religious freedom; on the other is
a system of free public education the Supreme Court decision that because of
in the elementary and high relevant provisions of the 1935 Constitution
school levels. [Section 2(2)] the flag salute may be validly required.
4. The State shall establish and maintain a Which of the above finds support
system of scholarship grants, on 1987 Constitution, Cite at least two
student loan programs, subsidies, and provisions to prove your point.
other incentives which shall be
SUGGESTED ANSWER:
available to deserving students in
both public and private schools, The view that flag salute may validly
especially to the underprivileged. be required finds support in the
[Section 2(3)] following provisions of the 1987 Constitution:
5. The State shall encourage non- (a) Art, XIV, Sec. 3(2), which provides
formal, informal and indigenous that all educational institutions shall inculcate in
learning systems, as well as self- students, among other civil virtues, patriotism
learning, independent and out-of- and nationalism and teach them the rights and
school study program particularly duties of citizenship. Thus considerably
those that respond to community broadening the aims of schools is originally
needs, [Section 2|4|] stated in the 1935 Constitution which the
6. The State shall provide adult citizens, Supreme Court relied upon for its decision in
the disabled, and out-of-school Gerona v. Secretary of Education, 106 Phil. 2
(1959), upholding the flag salute in the
youth with training in civics,
Philippines. The 1935 Constitution simply
vocational efficiency and other
mentioned the development of civic conscience and
skills. [Section 2(5)]
the teaching of the duties of citizenship.
7. The State shall take into account
(b) Art II, Sec, 13 mandates the State to
regional and sectoral needs and
"inculcate in the youth patriotism and
conditions and shall encourage local
nationalism," while Sec. 17 requires the State to
planning in the development of
give priority to education, among other
educational policies and programs.
concerns, "to foster patriotism and nationalism."
[Section 5(1|]
8. The State shall enhance the rights of
teachers to professional Education; Right to Choose Profession
advancement. Non-teaching (2000)
academic and non-academic
No IV. Undaunted by his three failures in the
personnel shall enjoy the protection of
National Medical Admission Test (NMAT), Cruz
the State. [Section 5(4)] applied to take it again but he was refused
9. The State shall assign the highest because of an order of the Department of
budgetary priority to education and Education, Culture and Sports (DECS)
ensure that teaching will attract and disallowing flunkers from taking the test a fourth
retain its rightful share of the best time. Cruz filed suit assailing this rule raising
available talents through adequate the constitutional grounds of accessible quality
remuneration and other means of job education, academic freedom and equal
satisfaction and fulfillment. [Section protection. The government opposes this,
5(5)] upholding the constitutionality of the rule on the
[Note: The question asks for ground of exercise of police power. Decide the case
two constitutional duties of the state discussing the grounds raised. (5%)
regarding education.] SUGGESTED ANSWER:
As held in Department of Education,
Culture and Sports v. San Diego,180 SCRA
533 (1989), the rule is a valid exercise of police public elementary and high schools within the
power to ensure that those admitted to the regular class hours by instructors designated or
medical profession are qualified. The approved by the religious authorities to which
arguments of Cruz are not meritorious. The right the children or wards belong, without additional cost
to quality education and academic freedom to the Government.
are not absolute. Under Section 5(3), Article
XIV of the Constitution, the right to choose
a profession is subject to fair, reasonable Education; Validity of Academic
and equitable admission and academic Requirements (1994)
requirements. The rule does not violate equal
No. 12; The Department of Education,
protection. There is a substantial distinction
Culture and Sports Issued a circular
between medical students and other students.
disqualifying anyone who fails for the fourth
Unlike other professions, the medical profession
time in the National Entrance Tests from
directly affects the lives of the people.
admission to a College of Dentistry.
X who was thus disqualified,
questions the constitutionality of the circular.
Education; Right to Quality Education (2003)
1) Did the circular deprive her of
No III - Children who are members of a her constitutional right to education?
religious sect have been expelled from their
respective public schools for refusing, on 2) Did the circular violate the equal
account of their religious beliefs, to take part in the protection clause of the Constitution?
flag ceremony which includes playing by a band SUGGESTED ANSWER:
or singing the national anthem, saluting the
1) No, the circular disqualifying anyone who
Philippine flag and reciting the patriotic
fails for the fourth time in the National Entrance
pledge. The students and their parents assail
Tests from admission to the College of
the expulsion on the ground that the school
Dentistry did not deprive X of her constitutional right
authorities have acted in violation of their right
to education. As held in Department of
to free public education, freedom of speech, and
Education, Culture and Sports vs. San Diego,
religious freedom and worship. Decide the case.
180 SCRA 533, this right is not absolute.
Section 5(3). Article XIV of the Constitution
SUGGESTED ANSWER: provides that the right to choose a profession or
The students cannot be expelled from school. course of study is subject to fair, reasonable
As held in Ebralinag v. The Division and equitable admission and academic
Superintendent of Schools of Cebu. 219 SCRA 256 requirements. Requiring that those who will
[1993], to compel students to take part in the enroll in a College of Dentistry should pass the
flag ceremony when it is against their National Entrance Test is valid, because it is
religious beliefs will violate their religious intended to ensure that only those who are
freedom. Their expulsion also violates the duty of qualified to be dentists are admitted for
the State under Article XIV, Section 1 of the enrollment.
Constitution to protect and promote the right of all 2) No, the circular did not violate the equal
citizens to quality education and make such protection clause of the Constitution. ...
education accessible to all.
Education; Teaching of Religion (1999) ARTICLE XVI General

No II - D. What is the constitutional provision Provisions
concerning the teaching of religion in
the elementary and high schools in the General Provisions; Local Dialect (1987)
Philippines? Explain. (2%) No. V: State whether or not the following
city ordinances are valid and give
SUGGESTED ANSWER: reasons in support of your answers:
D. Under Section 3(3), Article XIV of the (a) An ordinance prescribing the use of
Constitution, at the option expressed in writing the local dialect as medium of instruction
by the parents or guardians, religion shall be in the primary grades.
allowed to be taught to their children or wards in SUGGESTED ANSWER:

(a) The ordinance, which prescribes the use of the No. 20: State the various modes of, and
local dialect as medium of instruction in the primary steps in, revising or amending the
grades, is invalid. The Constitution provides Philippine Constitution.
in Art XIV, Sec. 7 for the use of regional
SUGGESTED ANSWER:
dialect as auxiliary medium of instruction. If
the ordinance prescribes the use of local dialect There are three modes of amending the
not as auxiliary, but as exclusive language of Constitution.
instruction, then it is violative of the Constitution for
1. Under Section 1, Article XVIII of
this additional reason. The ordinance would thus
the Constitution. Congress may by three-fourths
allow more dialects to be used than it is desirable
vote of all its Members propose any
and make the quest for national unity more difficult.
amendment to or revision of the Constitution.
2. Under the same provision, a
AFP; limitation on accepting additional constitutional convention may propose any
duties (1996) amendment to or revision of the Constitution.
No. 7: Can the Judge-Advocate General of the According to Section 3, Article XVII of the
Armed Forces of the Philippines be appointed a Constitution. Congress may by a two-thirds vote of
Trustee of the Government Service all its Members call a constitutional
Insurance System? Explain. convention or by a majority vote of all its
SUGGESTED ANSWER: Members submit the question of calling such a
No, the Judge Advocate General of the Armed convention to the electorate.
Forces of the Philippines cannot be appointed 3. Under Section 2. Article XVII of the
as trustee of the Government Service Insurance Constitution, the people may directly propose
System. Under Section 5(4). Article XVI of the amendments to the Constitution through
Constitution, no member of the Armed Forces of initiative upon a petition of at least twelve per
the Philippines in the active service shall at any cent of the total number of registered voters, of
time be appointed or designated in any capacity
which every legislative district must be
to a civilian position in the Government,
represented by at least three per cent of the
including government-owned or controlled
registered voters therein.
corporations.
According to Section 4, Article XVII of the
Constitution, to be valid any amendment to or
revision of the Constitution must be
ARTICLE XVII Amendments or ratified by a majority of the votes cast In a
Revisions plebiscite.
People’s Initiative (2004)
(4-b) An amendment to or a revision of REFERENDUM vs. INITIATIVE (Q1-2005)
the present Constitution may be proposed (a) The present Constitution introduced
by a Constitutional Convention or by the the concepts and processes of Initiative
Congress upon a vote of three-fourths of all its and Referendum. Compare and
members. Is there a third way of proposing differentiate one from the other. (3%)
revisions of or amendments to the SUGGESTED ANSWER:
Constitution? If so, how? (5%) INITIATIVE is the power of the people to
propose amendments to the Constitution or to
SUGGESTED ANSWER: propose and enact legislations through an
There is no third way of proposing revisions to the election called for the purpose. Under the 1987
Constitution; however, the people through Constitution, the people through initiative can
initiative upon petition of at least twelve per cent of propose amendments to the Constitution upon a
the total number of registered, voters, of which petition of at least twelve per centum of the
every legislative district must be represented total number of registered voters, of which
by at least three per cent of the registered every legislative district must be represented by at
voters in it, may directly propose amendments least three per centum of the registered
to the Constitution. This right is not operative voters therein. REFERENDUM is the power of
without an implementing law. (Section 2, the electorate to approve or reject a legislation
Article XVII of the 1987 Constitution.) through an election called for the purpose.
(Sec. 3, R.A. No. 6735 [1989]).
Amendments and Revisions; Modes (1997)

On the other hand, the Local Government Code the other hand, led by the Senate President,
(R.A. No. 7160) defines LOCAL INITIATIVE as are skeptical, and had even warned that no
the legal process whereby the registered voters treaty or international agreement may go into
of a local government unit may directly effect without the concurrence of two-thirds of all
propose, enact, or amend any ordinance (Sec. members of the Senate.
120) and LOCAL REFERENDUM as the A former senator had said, "it
legal process whereby the registered
is completely wrong, if not erroneous," and "is
voters of the local government units may
an amendment of the Constitution
approve, amend or reject any ordinance
by misinterpretation." Some members of the
enacted by the Sanggunian. (Sec. 126)
Lower House agree with Secretary
Ordonez, while others lament the
latter's opinion as "questionable,
ARTICLE XVIII Transitory unfortunate, and without any basis at all."
Provisions Do you or do you not agree with
Transitory Provisions; Foreign Military the aforementioned ruling of the
Bases (1996) Department of Justice? Why?
No. 4 - 1) Under the executive agreement SUGGESTED ANSWER:
entered into between the Philippines and the
No. The Constitution provides that if foreign
other members of the ASEAN, the other
military bases, troops or facilities are to be
members will each send a battalion-size unit of their
allowed after the expiration of the present
respective armed forces to conduct a
Philippine-American Military Bases Agreement in
combined military exercise in the Subic Bay
1991, it must be "under a treaty duly
Area. A group of concerned citizens sought to
concurred in by the Senate and, when the
enjoin the entry of foreign troops as violative of the
Congress so requires, ratified by a majority of
1987 Constitution that prohibited the the votes cast by the people in a national
stationing of foreign troops and the use by referendum." (Art. XVIII, sec. 25) A mere
them, of local facilities. agreement, therefore, not a treaty, without the
As the Judge, decide the case. concurrence of at least 2/3 of all the members
of the Senate will not be valid (Art. VII, sec. 21, Art.
Explain. SUGGESTED ANSWER:
XVIII, sec. 4). With respect to the provision allowing
1) As a judge, I shall dismiss the case. What nuclear weapons within the bases, the Constitution
Section 25, Article XVII of the Constitution appears to ban such weapons from the Philippine
prohibits in the absence of a treaty is the territory. It declares as a state policy that "the
stationing of troops and facilities of foreign Philippines, consistent with the national interest,
countries in the Philippines. It does not include the adopts and pursues a policy of freedom from
temporary presence in the Philippines of foreign nuclear weapons in its territory." (Art, II, sec. 8)
troops for the purpose of a combined military However, the deliberations of the Constitutional
exercise. Besides, the holding of the combined Commission would seem to indicate that this
military exercise is connected with defense, provision of the Constitution is "not something
which is a sovereign function. In accordance absolute nor 100 percent without exception."
with the ruling in Baer vs. Tizon, 57 SCRA 1, the It may therefore be that circumstances may
filing of an action interfering with the defense of justify a provision on nuclear weapons.
the State amounts to a suit against the State
without its consent.
Transitory Provisions; Foreign Military PUBLIC INTERNATIONAL LAW

Bases (1988)
No. 22: The Secretary of Justice had recently Basic Principles in Public Int’l Law (1991)
ruled that the President may negotiate for a
Select any five (5) of the following and
modification or extension of military bases
agreement with the United States regardless of the explain each, using examples:
"no nukes" provisions in the 1987 (a) Reprisal
Constitution. The President forthwith
(b) Retorsion
announced that she finds the same opinion
"acceptable" and will adopt it. The Senators on
(c) Declaratory Theory of Recognition (e) CONTINENTAL SHELF of a coastal state
Principle comprises the sea-bed and subsoil of
the submarine areas that extend
(d) Recognition of Belligerency
beyond its territorial sea throughout
(e) Continental Shelf the natural prolongation of its land
(f) Exequatur territory to the outer edge of the continental
margin, or to a distance of 200 nautical miles
(g) Principle of Double Criminality from the "baselines from which the breadth
(h) Protective Personality of the territorial sea is measured where
the outer edge of the continental shelf
(i) Innocent Passage does not extend up to that distance.
(j) Jus cogens in International
(f) EXEQUATUR is an authorization from the
Law SUGGESTED ANSWER: receiving state admitting the head of a consular post
to the exercise of his functions. For example,
(a) REPRISAL is a coercive measure short of
if the Philippines appoints a consul general for
war, directed by a state against another, in
New York, he cannot start performing his
retaliation for acts of the latter and as means of
obtaining reparation or satisfaction for functions unless the President of the United States
such acts. Reprisal involves retaliatory acts issues an exequatur to him,
which by themselves would be illegal. For (g) The principle of DOUBLE CRIMINALITY is
example, for violation of a treaty by a the rule in extradition which states that for
state, the aggrieved state seizes on the a request to be honored the crime for
high seas the ships of the offending state. which extradition is requested must be a crime
(b) RETORSION is a legal but deliberately in both the requesting state and the state to
unfriendly act directed by a state against which the fugitive has fled. For example,
another in retaliation for an unfriendly though since murder is a crime both in the Philippines
legal act to compel that state to alter its and in Canada, under the Treaty on
unfriendly conduct. An example of retorsion is
Extradition between the Philippines and
Canada, the Philippines can request Canada
banning exports to the offending state.
to extradite a Filipino who has fled to Canada.
(c) The DECLARATORY THEORY OF
(h) PROTECTIVE PERSONALITY principle is the
RECOGNITION is a theory according to which
principle by which the state exercise
recognition of a state is merely an
acknowledgment of the fact of its existence. In jurisdiction over the acts of an alien even if
other words, the recognized state already exists and committed outside its territory, if such acts are
can exist even without such recognition. For adverse to the interest of the national state.
example, when other countries recognized (i) INNOCENT PASSAGE means the right of
Bangladesh, Bangladesh already existed as a continuous and expeditious navigation of a
state even without such recognition. foreign ship through the territorial sea of a state for
the purpose of traversing that sea without
(d) RECOGNITION OF BELLIGERENCY is the
entering the internal waters or calling at a
formal acknowledgment by a third party of the
roadstead or port facility outside internal waters, or
existence of a state of war between the central
proceeding to or from internal waters or a call at
government and a portion of that state.
such roadstead or port facility. The passage
Belligerency exists when a sizeable portion of
the territory of a state is under the effective
is innocent so long as it is not prejudicial to the
control of an insurgent community which is peace, good order or security of the coastal
seeking to establish a separate government state.
and the insurgents are in de facto control of a (j) JUS COGENS is a peremptory norm of
portion of the territory and population, have a
general international law accepted and
political organization, are able to maintain such
recognized by the international community as a
control, and conduct themselves according to the
whole as a norm from which no derogation is
laws of war. For example, Great Britain
permitted and which can be modified only by a
recognized a state of belligerency in the United
subsequent norm of general international law
States during the Civil War,
having the same character, An example is the
prohibition against the use of force.
Constitutive Theory vs. Declaratory a) Can the foreign ambassador invoke
Theory (2004) his diplomatic immunity to resist the
(2-a-4) Distinguish: The constitutive lessor's action? (3%)
theory and the declaratory theory b) The lessor gets hold of evidence that the
concerning recognition of states. ambassador is about to return to his home
SUGGESTED ANSWER: country. Can the lessor ask the court to stop
According to the CONSTITUTIVE the ambassador's departure from the
THEORY, recognition is the last Philippines? (2%)
indispensable element that converts the state SUGGESTED ANSWER:
being recognized into an international person. a) No, the foreign ambassador cannot invoke
his diplomatic immunity to resist the action,
According to the DECLARATORY THEORY,
since he is not using the house in Tagaytay City
recognition is merely an acknowledgment of for the purposes of his mission but merely
the pre-existing fact that the state being for vacation. Under Article 3(l)(a) of the
recognized is an international person.(Cruz, Vienna Convention on Diplomatic
International Law, 2003 ed.) Relations, a diplomatic agent has no
immunity in case of a real action relating to
Contiguous Zone vs. Exclusive Economic
private immovable property situated in the
Zone (2004) territory of the receiving State unless he
II-A. Distinguish briefly but clearly between: holds it on behalf of the sending State for
purposes of the mission.
2) The contiguous zone and the
b) No, the lessor cannot ask the court to stop the
exclusive economic zone.
departure of the ambassador from the
SUGGESTED ANSWER: Philippines. Under Article 29 of the Vienna
(2) CONTIGUOUS ZONE is a zone contiguous Convention, a diplomatic agent shall not be
to the territorial sea and extends up to liable to any form of arrest or detention.
twelve nautical miles from the territorial sea (per Dondee) The grounds cited by YZ is tenable on
and over which the coastal state may the basis that the precept that a State cannot be
exercise control necessary to prevent sued in the courts of a foreign state is a long-
infringement of its customs, fiscal, standing rule of customary international law then
immigration or sanitary laws and regulations closely identified with the personal immunity of a
within its territory or territorial sea. (Article 33 foreign sovereign from suit and, with the emergence
of the Convention on the Law of the Sea.) of democratic states, made to attach not just to the
The EXCLUSIVE ECONOMIC ZONE is person of the head of state, or his representative,
a zone extending up to 200 nautical miles from but also distinctly to the state itself in its sovereign
the baselines of a state over which the coastal capacity. If the acts giving rise to a suit are those of
state has sovereign rights for the purpose a foreign government done by its foreign agent,
of exploring and exploiting, conserving although not necessarily a diplomatic personage,
and managing the natural resources, whether but acting in his official capacity, the complaint could
living or nonliving, of the waters superjacent be barred by the immunity of the foreign sovereign
to the seabed and of the seabed and subsoil, from suit without its consent. Suing a representative
and with regard to other activities for the of a state is believed to be, in effect, suing the state
economic exploitation and exploration of itself. (KHOSROW MINUCHER vs. COURT OF
the zone. (Articles 56 and 57 of the APPEALS, G.R. No. 142396. February 11, 2003)
Convention on the Law of the Sea.)
Diplomatic Immunity (2001)
No XX - Dr. Velen, an official of the World
Diplomatic Immunity (2000) Health Organization (WHO) assigned in the
No XX - A foreign ambassador to Philippines, arrived at the Ninoy Aquino
the Philippines leased a vacation house International Airport with his personal effects
in Tagaytay for his personal use. For contained in twelve crates as unaccompanied
some reason, he failed to pay rentals for baggage. As such, his personal effects were
more than one year. The lessor filed an allowed free entry from duties and taxes, and
action for the recovery of his property in court. were directly stored at Arshaine Corporation's

warehouse at Makati, pending Dr. Velen's Under Article 37 of the Vienna Convention on
relocation to his permanent quarters. Diplomatic Relations, members of the
administrative and technical staff of the
At the instance of police authorities, the
diplomatic mission, shall, if they are not
Regional Trial Court (RTC) of Makati issued a
warrant for the search and seizure of Dr. nationals of or permanent residents in the
Velen's personal effects in view of an alleged receiving State, enjoy the privileges and
violation of the Tariff and Custom's Code. immunities specified in Article 29.
According to the police, the crates contained Under Article 9 of the Vienna Convention
contraband items. Upon protest of WHO on Diplomatic Relations, the remedy is to
officials, the Secretary of Foreign Affairs declare the high-ranking officials and
formally advised the RTC as to Dr. Velen's rank-and-file employees personae non gratae
immunity. The Solicitor General likewise joined and ask them to leave.
Dr. Velen's plea of immunity and motion to
ALTERNATIVE ANSWER:
quash the search warrant. The RTC denied the
motion. Under the Vienna Convention on Diplomatic
Is the denial of the motion to quash Relations, a diplomatic agent "shall not be liable
to any form of arrest or detention (Article
proper? (5%)
29) and he enjoys immunity from
SUGGESTED ANSWER: criminal jurisdiction (Article 31).
The denial of the motion is improper. As held in This immunity may cover the "high-ranking
World Health Organization vs. Aquino, 48 officials" in question, who are assumed to be
SCRA 242 (1972). as an official of the World diplomatic officers or agents. With respect to the
Health Organization, Dr. Velen enjoyed "rank-and-file employees" they are covered by the
diplomatic immunity and this included immunity referred to above, provided they are not
exemption from duties and taxes. Since nationals or permanent residents of the Philippines,
diplomatic immunity involves a political pursuant to Article 37(2) of the said Convention.
question, where a plea of diplomatic immunity is
recognized and affirmed by the Executive If the said rank-and-file employees
Department, it is the duty of the court to accept the belong to the service staff of the diplomatic
claim of immunity. mission (such as drivers) they may be covered by
Diplomatic Immunity (2003) the immunity (even if they are not Philippine
nationals or residents) as set out in Article
No XVIII - A group of high-ranking officials and
37(3), if at the time of the arrest they were in
rank-and-file employees stationed in a
"acts performed in the course of their duties." If a
foreign embassy in Manila were arrested
driver was among the said rank-and-file
outside embassy grounds and detained
employees and he was arrested while driving a
at Camp Crame on suspicion that they
diplomatic vehicle or engaged in related acts,
were actively collaborating with "terrorists" out
still he would be covered by immunity.
to overthrow or destabilize the Philippine
Government. The Foreign Ambassador Diplomatic Immunity (2004)
sought their immediate release, claiming (8-a) A. MBC, an alien businessman dealing in
that the detained embassy officials and carpets and caviar, filed a suit against
employees enjoyed diplomatic immunity. If policemen and YZ, an attache of XX Embassy, for
invited to express your legal opinion on damages because of malicious prosecution. MBC
the matter, what advice would you give? alleged that YZ concocted false and malicious
charges that he was engaged in drug trafficking,
SUGGESTED ANSWER:
whereupon narcotics policemen conducted a
I shall advice that the high-ranking officials and "buy-bust" operation and without warrant arrested
rank-and-file employees be released him, searched his house, and seized his money
because of their diplomatic immunity. Article and jewelry, then detained and tortured him in
29 of the Vienna Convention on violation of his civil and human rights as well as
Diplomatic Relations provides: causing him, his family and business serious
damages amounting to two million pesos. MBC
"The person of a diplomatic agent shall
added that the trial court acquitted him of the drug
be inviolable. He shall not be liable charges.
to any form of arrest or detention."

Assailing the court's jurisdiction: YZ now moves to (a) As counsel of Abad, refute the
dismiss the complaint, on the ground that (1) he is defenses of "sovereign immunity"
an embassy officer entitled to diplomatic and "diplomatic immunity" raised
immunity; and that (2) the suit is really a suit by the State of Italy and
against his home state without its consent. He its Ambassador.
presents diplomatic notes from XX Embassy SUGGESTED ANSWER: As counsel for
certifying that he is an accredited embassy Abad, I will argue that sovereign
officer recognized by the Philippine immunity will not lie as it is an
government. He performs official duties, he established rule that when a State
says, on a mission to conduct surveillance on enters into a contract, it waives its
drug exporters and then inform local police immunity and allows itself to be
officers who make the actual arrest of suspects. Are sued. Moreover, there is a provision
the two grounds cited by YZ to dismiss the suit in the contract that any suit arising
tenable? (5%) therefrom shall be filed with the
proper courts of the City of Manila.
SUGGESTED ANSWER: On the issue of diplomatic immunity, I
A. The claim of diplomatic immunity of YZ is not will assert that the act of the
tenable, because he does not possess an Ambassador unilaterally terminating
acknowledged diplomatic title and is not the agreement is tortuous and done
performing duties of a diplomatic nature. with malice and bad faith and not a
However, the suit against him is a suit against sovereign or diplomatic function.
XX without its consent. YZ was acting as an
agent of XX and was performing his official (b) At any rate, what should be the
functions when he conducted surveillance on court's ruling on the said defenses?
drug exporters and informed the local police SUGGESTED ANSWER:
officers who arrested MBC. He was performing such The court should rule against said
duties with the consent of the Philippine defenses. The maintenance contract
government, therefore, the suit against YZ is a suit and repair of the Embassy and
against XX without its consent. (Minucher v. Court of Ambassador's Residence is a
Appeals, 397 SCRA 244 [1992]). contract in jus imperii, because such
repair of said buildings is
ALTERNATIVE SUGGESTED ANSWER: indispensable to the performance of
the official functions of the
Diplomatic Immunity; Ambassador Government of Italy. Hence, the
(Q3- 2005) contract is in pursuit of a sovereign
(1) Italy, through its Ambassador, entered into a activity in which case, it cannot be
contract with Abad for the maintenance and deemed to have waived its immunity
repair of specified equipment at its from suit.
Embassy and Ambassador's Residence,
such as air conditioning units, generator On the matter of whether or not the
sets, electrical facilities, water heaters, and Ambassador may be sued, Article 31 of
water motor pumps. It was stipulated that the Vienna Convention on
the agreement shall be effective for a period of Diplomatic Relations provides that a
four years and automatically renewed unless diplomatic agent enjoys immunity
cancelled. Further, it provided that any suit from the criminal, civil and
arising from the contract shall be filed with administrative jurisdiction of the
the proper courts in the City of Manila. receiving state except if the act
performed is outside his official
functions, in accordance with the
Claiming that the Maintenance Contract principle of functional necessity. In
was unilaterally, baselessly and arbitrarily this case, the act of entering into the
terminated, Abad sued the State of Italy and its contract by the Ambassador was part of
Ambassador before a court in the City of his official functions and thus, he is
Manila. Among the defenses, they raised entitled to diplomatic immunity.
were "sovereign immunity" and "diplomatic (Republic of Indonesia v. Vinzons,
immunity." (5%) G.R. No. 154705, June 26, 2003)
Diplomatic Immunity; Ambassadors (1990)

No. 5: D, the Ambassador of the Kingdom of and 31 of the Vienna Convention on Diplomatic
Nepal to the Philippines, leased a house in Relations provides that the papers,
Baguio City as his personal vacation home. On correspondence and the property of diplomat
account of military disturbance in Nepal, D did agents shall be inviolable. Therefore, a writ of
not receive his salary and allowances from his attachment cannot be issued against his
government and so he failed to pay his rentals for furniture and any personal properties.
more than one year. E, the lessor, filed an Moreover, on the assumption that the Kingdom of
action for recovery of his property with the Nepal grants similar protection to Philippine
Regional Trial Court of Baguio City. diplomatic agents. Section 4 of Republic Act No.
(1) Can the action against D prosper? 75 provides that any writ or process issued by any
court in the Philippines for the attachment
(2) Can E ask for the attachment of the of the goods or chattels of the ambassador
furniture and other personal properties of D of a foreign State to the Philippines shall
after getting hold of evidence that D is about to be void.
leave the country? SUGGESTED ANSWER:
(3} Can E ask for the court to stop
(3) No, E cannot ask the court to stop the
D's departure from the Philippines? departure of the Ambassador of the Kingdom of
SUGGESTED ANSWER: Nepal from the Philippines. Article 29 of the
Vienna Convention on Diplomatic Relations
(1) Yes, the action can prosper. Article 31
provides: "The person of a diplomatic agent
of the Vienna Convention on Diplomatic
shall be inviolable. He shall not be liable to any form
Relations provides:
of arrest or detention."
"1. A diplomatic agent shall enjoy
Diplomatic Immunity; Coverage (Q3-2005)
immunity from the criminal jurisdiction of
(2) Adams and Baker are American
the receiving State. He shall also enjoy
citizens residing in the Philippines.
immunity from its civil
Adams befriended Baker and became a
and administrative jurisdiction, except
frequent visitor at his house. One
in the case of:
day, Adams arrived with 30 members of
(a) A real action relating to private the Philippine National Police, armed
immovable property situated in the with a Search Warrant authorizing the
territory of the receiving State, unless he search of Baker's house and its premises
holds it on behalf of the sending State for dangerous drugs being trafficked to
for the purposes of the mission;" the United States of America.
The action against the Ambassador is a
The search purportedly yielded positive
real action involving private immovable
results, and Baker was charged with
property situated within the territory of the
Violation of the Dangerous Drugs Act.
Philippines as the receiving state. The action
Adams was the prosecution's principal
falls within the exception to the grant of
witness. However, for failure to prove his
immunity from the civil and administrative
guilt beyond reasonable doubt, Baker was
jurisdiction of the Philippines.
acquitted.
ALTERNATIVE ANSWER;
Baker then sued Adams for damages for
No, the action will not prosper. Although the
filing trumped-up charges against him.
action is a real action relating to private
Among the defenses raised by Adams is
immovable property within the territory of the
that he has diplomatic immunity,
Philippines, nonetheless, the vacation house
conformably with the Vienna Convention on
may be considered property held by the
Diplomatic Relations. He presented
Ambassador In behalf of his state (the Kingdom of
Diplomatic Notes from the American
Nepal) for the purposes of the mission and,
Embassy stating that he is an agent of the
therefore, such is beyond the civil and
United States Drug Enforcement Agency
administrative jurisdiction of the Philippines,
tasked with "conducting surveillance
including its courts,
operations" on suspected drug dealers in the
SUGGESTED ANSWER: Philippines believed to be the source of
(2) No, E cannot ask for the attachment of the prohibited drugs being shipped to the U.S. It
was also stated that after having
personal properties of the Ambassador. Arts. 30 ascertained the target, Adams would then
inform the Philippine narcotic agents 3. Suppose after he was charged, he
to make the actual arrest. (5%) was appointed as his country's ambassador
to the Philippines. Can his newly-gained
a) As counsel of plaintiff Baker, argue why his diplomatic status be a ground for dismissal of
complaint should not be dismissed on his criminal case? Explain.
the ground of defendant Adams'
SUGGESTED ANSWER:
diplomatic immunity from suit.
SUGGESTED ANSWER. 1. Under Article 32 of the Vienna Convention on
As counsel for Baker, I would argue that Diplomatic Relations, a diplomatic agent shall
Adams is not a diplomatic agent enjoy immunity from the criminal jurisdiction of
considering that he is not a head of the receiving State. He shall also enjoy
mission nor is he part of the diplomatic staff immunity from its civil and administrative
that is accorded diplomatic rank. Thus, jurisdiction except in the case of:
the suit should not be dismissed as (a) A real action relating to
Adams has no diplomatic immunity private immovable property situated in the
under the 1961 Vienna Convention on
territory of the receiving State, unless he holds
Diplomatic Relations.
it on behalf of the sending State for the
b) As counsel of defendant Adams, purposes of the mission;
argue for the dismissal of the (b) An action relating to succession in
complaint. SUGGESTED ANSWER which the diplomatic agent is invoked as
As counsel for Adams, I would argue executor, administrator, heir or legatee as a
that he worked for the United States private person and not on behalf of the sending
Drug Enforcement Agency and was State;
tasked to conduct surveillance of
(c) An action relating to
suspected drug activities within the
any professional or commercial activity
country with the approval of the
Philippine government. Under the exercised by the diplomatic agent in the
doctrine of State Immunity from Suit, if receiving State outside his official functions.
the acts giving rise to a suit are those of a On the other hand, under Article 41 of the
foreign government done by its Vienna Convention on Consular Relations, a
foreign agent, although not necessarily a consular officer does not enjoy Immunity from the
diplomatic personage, but acting in his Criminal jurisdiction of the receiving State. Under
official capacity, the complaint could be Article 43 of the Vienna Convention on Consular
barred by the immunity of the foreign Relations, consular officers are not amenable to
sovereign from suit without its consent. the Jurisdiction of the Judicial or administrative
Adams may not be a diplomatic agent authorities of the receiving State in respect of acts
but the Philippine government has given its performed in the exercise of consular functions.
imprimatur, if not consent, to the However, this does not apply in respect of a civil
activities within Philippine territory of action either:
Adams and thus he is entitled to the (a) arising out of a contract concluded
defense of state immunity from suit.
by a consular officer in which he did
(Minucher v. CA, G.R. No. 142396,
not contract expressly or impliedly as an
February 11, 2003)
agent of the sending State; or
Diplomatic Immunity; Diplomatic Envoy and (b) by a third party for damage arising
Consular Officers (1995) from an accident in the receiving State caused
No. 3: by a vehicle, vessel, or aircraft.
1. Discuss the differences, if any, in the
privileges or immunities of diplomatic envoys SUGGESTED ANSWER:
and consular officers from the civil or 2. No, he may not claim immunity from the
criminal jurisdiction of the receiving state. jurisdiction of the local court. Under Article 41 of the
2. A consul of a South American country Vienna Convention of Consular Relations,
stationed in Manila was charged with serious consuls do not enjoy immunity from the criminal
physical injuries. May he claim Immunity from Jurisdiction of the receiving State. He is not
jurisdiction of the local court? Explain. liable to arrest or detention pending trial unless the
offense was committed against his father,
mother, child, ascendant, descendant or was held that a consul is not exempt from
spouse. Consuls are not liable to arrest and criminal prosecution in the country where he is
detention pending trial except in the case of a assigned. However, as secretary in the
grave crime and pursuant to a decision by the American Embassy, X enjoys diplomatic
competent judicial authority. The crime of immunity from criminal prosecution As
physical Injuries is not a grave crime unless it secretary, he is a diplomatic agent. Under
be committed against any of the above- Paragraph 1 of Article 31 of the Vienna
mentioned persons. (Schneckenburger v. Convention on Diplomatic Relations, a
Moran 63 Phil. 249). diplomatic agent enjoys immunity from the
criminal jurisdiction of the receiving State.
Exclusive Economic Zone (2000)
SUGGESTED ANSWER:
No XIX. b) What is the concept of
3. Yes, the case should be dismissed. Under
Article 40 of the Vienna Convention the exclusive economic zone under the
on Diplomatic Relations, if a diplomatic agent UN Convention on the Law of the Sea? (2%)
is in the territory of a third State, which has SUGGESTED ANSWER:
granted him a passport visa if such visa was b) The exclusive economic zone under the
necessary, while proceeding to take up his Convention on the Law of the Sea is an area
post, the third State shall accord him
beyond and adjacent to the territorial sea, which
inviolability and such other immunities as may
shall not extend beyond 200 nautical miles from the
be required to ensure his transit.
baselines from which the territorial sea is
measured. The coastal State has in the
Diplomatic Immunity; Diplomatic Envoy and exclusive economic zone:
Consular Officers (1997) (a) Sovereign rights for the purpose of
No 19: X, a Secretary and Consul in the exploring and exploiting, conserving and
American Embassy in Manila, bought from B a managing the natural resources, whether living
diamond ring in the amount of P50,000.00 or non-living, if the waters superjacent to
which he later gave as a birthday present to his the sea-bed and of the seabed and subsoil,
Filipino girlfriend. The purchase price was paid in and with regard to other activities for the
check drawn upon the Citibank. Upon economic exploitation and exploration of the
presentment for payment, the check was zone, such as the production of energy
dishonored for insufficiency of funds. Because of from the water, currents and winds;
X's failure to make good the dishonored check, (b) Jurisdiction as provided in
B filed a complaint against X in the Office of the relevant provisions of the Convention
the City Prosecutor of Manila for violation of with regard to:
Batas Pambansa Big. 22. After preliminary (i) the establishment and use of
investigation, the information was filed against X
artificial islands, installations
in the City Court of Manila. X filed a motion to
dismiss the case against him on the ground that
and structures;
he is a Secretary and Consul in the American (ii) marine scientific
Embassy enjoying diplomatic immunity from research; and
criminal prosecution in the Philippines. (iii) the protection and
preservation of the marine environment;
If you were the Judge, how would you
resolve the motion to dismiss?
(c) Other rights and duties provided
SUGGESTED ANSWER:
form the Convention. [Article 56 of
If I were the Judge, I would grant the motion to the Convention of the Law of the Sea.)
dismiss.
As consul, X is not immune from criminal
Executive Agreements; Binding Effect
prosecution. Under Paragraph 3 of Article 41 of the
Vienna Convention on Consular Relations, a (2003)
consular officer is not immune from the No XX An Executive Agreement was executed
criminal jurisdiction of the receiving state. In between the Philippines and a neighboring
Schneckenburger vs. Moron, 63 Phil. 249, it State. The Senate of the Philippines took it

upon itself to procure a certified true copy of the No. 10: 2) Patrick is charged with illegal
Executive Agreement and, after deliberating on it, recruitment and estafa before the RTC of
declared, by a unanimous vote, that the Manila. He jumped bail and managed to escape to
agreement was both unwise and against the America. Assume that there is an extradition treaty
best interest of the country. Is the Executive between the Philippines and America and it does
Agreement binding (a) from the standpoint of not include illegal recruitment as one of the
Philippine law and (b) from the standpoint of extraditable offenses. Upon surrender of Patrick
international law? Explain by the U.S. Government to the Philippines,
SUGGESTED ANSWER: Patrick protested that he could not be tried for
illegal recruitment. Decide.
(a) As to Philippine law, the
SUGGESTED ANSWER:
Executive Agreement is binding....
2) Under the principle of specialty in extradition,
(b) The Executive Agreement is also binding from
Patrick cannot be tried for illegal recruitment,
the standpoint of international law. As held in Bavan
since this is not included in the list of
v. Zamora. 342 SCRA 449 [2000], in international
extraditable offenses in the extradition treaty
law executive agreements are equally binding as
between the Philippines and the United States,
treaties upon the States who are parties to them.
unless the United States does not object to the trial
Additionally, under Article 2{1)(a) of the Vienna
of Patrick for Illegal recruitment.
Convention on the Law of Treaties, whatever may
be the designation of a written agreement between
States, whether it is indicated as a Treaty, Extradition; Effectivity of treaty (1996)
Convention or Executive Agreement, is not legally
significant. Still it is considered a treaty and No. 6; 1) The Extradition Treaty between
governed by the international law of treaties. France and the Philippines is silent as to
its applicability with respect to crimes
committed prior to its effectivity.
a) Can France demand
Extradition vs. Deportation (1993)
the extradition of A, a French national
No. 10: 1) What is the difference if any between residing in the Philippines, for an offense
extradition and deportation? committed in France prior to the effectivity
SUGGESTED ANSWER: of the treaty? Explain.
b) Can A contest his extradition
1) The following are the differences
on the ground that it violates the ex post
between extradition and deportation:
facto provision of the Philippine
a. EXTRADITION is effected for the Constitution? Explain.
benefit of the state to which the person being
SUGGESTED ANSWER:
extradited will be surrendered because he is a
fugitive criminal in that state, while 1. a) Yes, France can ask for the extradition of A for
DEPORTATION is effected for the protection of the an offense committed in France before the
State expelling an alien because his presence effectivity of the Extradition Treaty between
is not conducive to the public good. France and the Philippines. In Cleugh vs.
Strakosh. 109 F2d 330, it was held that an
b. EXTRADITION is effected on
extradition treaty applies to crimes committed
the basis of an extradition treaty or before its effectivity unless the extradition treaty
upon the request of another state, while expressly exempts them. As Whiteman points
DEPORTATION is the unilateral act of the out, extradition does not define crimes but
state expelling an alien. merely provides a means by which a State may
c. In EXTRADITION, the alien will obtain the return and punishment of persons
be surrendered to the state asking for charged with or convicted of having committed a
his extradition, while in DEPORTATION crime who fled the jurisdiction of the State
the undesirable alien may be sent to any whose law has been violated. It is therefore
state willing to accept him. immaterial whether at the time of the
commission of the crime for which extradition is
sought no treaty was in existence. If at the time
Extradition; Doctrine of Specialty (1993) extradition is requested there is in force
between the requesting and "the requested
States a treaty covering the offense on which
the request is based, the treaty is the plan of John to assassinate President Harry was
applicable. (Whiteman, Digest of International part of such plan. However, if the
Law, Vol. 6, pp. 753-754.) extradition treaty contains an attentat clause,
Republic A can extradite John, because under
b) No, A cannot contest his extradition on
the attentat clause, the taking of the life or
the ground that it violates the ex post
attempt against the life of a head of state or that of
facto provision of the Constitution. As held
the members of his family does not constitute a
in Wright vs. Court of Appeals, 235
political offense and is therefore extraditable.
SCRA 341, the prohibition against ex post
facto laws in Section 22, Article III of the FIRST ALTERNATIVE ANSWER:
Constitution applies to penal laws only and Republic A may or can refuse the request
does not apply to extradition treaties. of extradition of William because he is not
in its territory and thus it is not in the
Extradition; Grounds (2002) position to deliver him to Republic X.
Even if William were in the territorial jurisdiction of
No XVIII. John is a former President of the
Republic A, he may not be extradited
Republic X, bent on regaining power which he
because inciting to sedition, of which he is
lost to President Harry in an election. Fully
charged, constitutes a political offense. It is a
convinced that he was cheated, he set out to
standard provision of extradition treaties, such as
destabilize the government of President Harry by
the one between Republic A and Republic X, that
means of a series of protest actions. His plan
political offenses are not extraditable.
was to weaken the government and, when the
situation became ripe for a take-over, to SECOND ALTERNATIVE ANSWER:
assassinate President Harry.
Republic B can deny the request of Republic X
William, on the other hand, is a believer in to extradite William, because his offense
human rights and a former follower of was not a political offense. On the basis of
President Harry. Noting the systematic acts of the predominance or proportionality test his
harassment committed by government agents acts were not directly connected to any
against farmers protesting the seizure of their purely political offense.
lands, laborers complaining of low wages, and
students seeking free tuition, William organized
groups which held peaceful rallies in front of the Extradition; Retroactive Application (Q2-
Presidential Palace to express their grievances. 2005)
On the eve of the assassination (1) The Philippines and Australia entered into a
attempt, John's men were caught by members Treaty of Extradition concurred in by the
of the Presidential Security Group. President Senate of the Philippines on September 10,
Harry went on air threatening to prosecute 1990. Both governments have notified each
plotters and dissidents of his administration. The other that the requirements for the entry
next day, the government charged John with into force of the Treaty have been complied
assassination attempt and William with inciting
with. It took effect in 1990.
The Australian government is requesting
to sedition.
the Philippine government to extradite its
John fled to Republic A. William, citizen, Gibson, who has committed in his
who was in Republic B attending a country the indictable offense of Obtaining
lecture on democracy, was advised by his Property by Deception in 1985. The said
friends to stay in Republic B. offense is among those enumerated as
Both Republic A and Republic B extraditable in the Treaty.
have conventional extradition treaties with For his defense, Gibson asserts that the
Republic X. retroactive application of the extradition
If Republic X requests the extradition of treaty amounts to an ex post facto law. Rule on
John and William, can Republic A deny the Gibson's contention. (5%)
request? Why? State your reason fully. (5%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Gibson is incorrect. In Wright v. Court of
Republic A can refuse to extradite John, Appeals, G.R. No.113213, August 15,1994, it
because his offense is a political offense. John was was held that the retroactive application of the
plotting to take over the government and Treaty of Extradition does not violate
the prohibition against ex post facto laws, Europe before World War II) were exterminated
because the Treaty is neither a piece of by the Nazis. Along with the Jews, another 9 to
criminal legislation nor a criminal procedural 10 million people (Gypsies and Slavs) were
statute. It merely provided for the massacred. (WORLD ALMANAC 120 (40th ed.,
extradition of persons wanted for offenses 1987)).
already committed at the time the treaty
was ratified.
Human Rights (1999)
Flag State vs. Flag of Convenience (2004) 1999 No X - A. Give three multilateral
II-A. Distinguish briefly but clearly between: conventions on Human Rights adopted under the
direct auspices of the United Nations? (2%)
(3) The flag state and the flag of convenience.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
A. The following are multilateral conventions on
FLAG STATE means a ship has the nationality
Human Rights adopted under the
of the flag of the state it flies, but there must be
direct auspices of the United Nations:
a genuine link between the state and the
ship. (Article 91 of the Convention on the Law 1. International Covenant on Civil and
of the Sea.) Political Rights;
FLAG OF CONVENIENCE refers to a state with 2. Convention on the Elimination of All Forms
which a vessel is registered for various reasons of Discrimination against Women;
such as low or non-existent taxation or low 3. Convention on the Rights of the Child;
operating costs although the ship has
no genuine link with that state. (Harris, Cases 4. Convention against Torture and Other
and Materials on International Law, 5th ed., Cruel, Inhuman or Degrading Treatment
1998, p. 425.) or Punishment;
5. International Convention on the Elimination
Genocide (1988) of All Forms of Racial Discrimination;
6. Convention on the Prevention and
What is "Genocide," and what is the
Punishment of the Crime of Genocide; and
foremost example thereof in recent history?
7. International Convention on Economic,
SUGGESTED ANSWER:
Social, and Cultural Rights
"Genocide" refers to any of the following
acts, whether committed in time of war or
peace, with intent to destroy in whole or in Human Rights; Civil and Political
part national, ethnic, racial or religious group: Rights (1992)
(a) Killing members of a group; No. 15: Walang Sugat, a vigilante group
composed of private businessmen and civic
(b) Causing bodily or mental harm to its leaders previously victimized by the Nationalist
members; Patriotic Army (NPA) rebel group, was
(c) Deliberately inflicting on the implicated in the torture and kidnapping of Dr.
group conditions of life calculated Mengele, a known NPA sympathizer.
to bring about its physical a) Under public international law, what
destruction in whole or in part; rules properly apply? What liabilities, if
(d) Imposing measures to prevent any, arise thereunder if Walang Sugat's
births within the group; and involvement is confirmed.
(e) Forcibly transforming children of the b) Does the Commission on Human
group to another group. (J. SALONGA & Rights have the power to investigate and
P. YAP, PUBLIC INTERNATIONAL LAW adjudicate the matter?
399-400 (1966)). SUGGESTED ANSWER:
a) On the assumption that Dr. Mengele is a
The foremost example of genocide is the foreigner, his torture violates the International
Holocaust (1933-1945) where about 6 million Covenant on Civil and Political Rights, to which the
Jews (two thirds of the Jewish population of Philippine has acceded. Article 7 of the
Covenant on Civil and Political Rights provides: b) Can only investigate, no power of
"No one shall be subjected to torture or to cruel, adjudication
inhuman or degrading treatment
or punishment."
Human Rights; Civil and Political
In accordance with Article 2 of the Covenant on Rights (1996)
Civil and Political Rights, it is the obligation
1996 No. 1: 1) Distinguish civil rights
of the Philippines to ensure that Dr. Mengele
from political rights and give an example of
has an effective remedy, that he shall have his
each right.
right to such a remedy determined by
competent authority, and to ensure the 2) What are the relations of civil and
enforcement of such remedy when granted. political rights to human rights? Explain.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
On the assumption that Dr. Mengele is 1) The term "CIVIL RIGHTS" refers to the rights
a foreigner, his claim will have to be secured by the constitution of any state or
directed against the members of Walang country to all its Inhabitants and not connected with
Sugat on the basis of the Philippine law and the organization or administration of
be addressed to the jurisdiction of Philippine government, [Black, Handbook of American
courts. His claim may be based on the Constitutional Law, 4th ed., 526.) POLITICAL
generally accepted principles of international RIGHTS consist in the power to participate,
law, which form part of Philippine law under directly or indirectly, in the management of the
Section 2, Article II of the Constitution. His government. Thus, civil rights have no relation
claim may be premised on relevant norms of to the establishment, management or support of the
international law of human rights. government. (Anthony vs. Burrow, 129 F 783).
Under international law, Dr. Mengele must first

exhaust the remedies under Philippine law CIVIL RIGHTS defines the relations of
before his individual claim can be taken up by individual amongst themselves
the State of which he is a national unless the while POLITICAL RIGHTS defines the
said State can satisfactorily show it is its own relations of Individuals vis-a-vis the state.
interests that are directly injured. If this CIVIL RIGHTS extend protection to all
condition is fulfilled, the said State's claim will inhabitants of a state, while POLITICAL
be directed against the Philippines as a subject of RIGHTS protect merely its citizens.
international law. Thus it would cease to be an
individual claim of Dr. Mengele. Examples of civil rights are the rights against
involuntary servitude, religious freedom, the
Dr. Mengele's case may concern international guarantee against unreasonable searches and
law norms on State responsibility. But the seizures, liberty of abode, the prohibition
application of these norms require that the against imprisonment for debt, the right to
basis of responsibility is the relevant acts that travel, equal protection, due process, the right to
can be attributed to the Philippines as a State. marry, right to return to this country and right to
education.
Hence, under the principle of attribution it is
necessary to show that the acts of the vigilante Examples of political rights are the right
group Walang Sugat can be legally attributed to of suffrage, the right of assembly, and the right
the Philippines by the State of which to petition for redress of grievances.
Dr. Mengele is a national.
The application of treaty norms of international 2) Human rights are broader in scope than civil and
law on human rights, such as the provision political rights. They also include social,
against torture in the International Covenants in economic, and cultural rights. Human rights are
Civil and Political Rights pertain to States. The acts inherent in persons from the fact of their
of private citizens composing Walang Sugat humanity. Every man possesses them
cannot themselves constitute a violation by the everywhere and at all times simply because he is a
Philippines as a State. human being. On the other hand, some civil and
political rights are not natural rights. They exist
SUGGESTED ANSWER:
because they are protected by a

constitution or granted by law. For example, the 1) If Nova and Ameria are members of the
liberty to enter into contracts is not a United Nations, Nova can premise its cause of
human right but is a civil right. action on a violation of Article 2(4) of the United
Nations Charter, which requires members to
refrain from the threat or use of force ...
Int’l Court of Justice; Jurisdiction 2) By virtue of the principle of sovereign
Over States immunity, no sovereign state can be made a
1994 No. 20: The sovereignty over party to a proceeding before the International
certain islands is disputed between State A Court of Justice unless it has given its consent. If
and State B. These two states agreed to Ameria has not accepted the Jurisdiction of the
submit their disputes to the International International Court of Justice. Ameria can invoke
Court of Justice [ICJ]. the defense of lack of jurisdiction. Even if Ameria
has accepted the jurisdiction of the court but
1) Does the ICJ have jurisdiction to take
the acceptance is limited and the limitation
cognizance of the case? applies to the case, it may invoke such
2) Who shall represent the parties before the limitation its consent as a bar to the
Court? assumption of jurisdiction.
SUGGESTED ANSWER: If jurisdiction has been accepted,
Ameria can invoke the principle of
1) The International Court of Justice has
anticipatory self-defense, recognized under
jurisdiction over the case, because the parties
customary international law, because Nova is
have jointly submitted the case to it and have planning to launch an attack against Ameria by
thus indicated their consent to its jurisdiction. using the arms it bought from Bresia.
2) Parties to a case may appoint agents 3) If jurisdiction over Ameria is
to appear before the International Court of established, the case should be decided
Justice in their behalf, and these agents in favor of Nova, .... if jurisdiction over
need not be their own nationals. However, Ameria is not established, the case should be
under Article 16 of the Statutes of the decided in favor of Ameria because of the
International Court of Justice, no member of principle of sovereign immunity.
the court may appear as agent in any case.
Int’l Court of Justice; Limitations

Int’l Court of Justice; Jurisdiction
On Jurisdiction (1999)
Over States (1994)
No X - B. Under its Statute, give
No. 19; The State of Nova, controlled by an
two limitations on the jurisdiction of the
authoritarian government, had unfriendly
International Court of Justice? (2%)
relations with its neighboring state, America.
Bresla, another neighboring state, had been SUGGESTED ANSWER:
shipping arms and ammunitions to Nova for use in B. The following are the limitations on
attacking Ameria. the jurisdiction of the International Court of
To forestall an attack, Ameria placed Justice under its Statute:
floating mines on the territorial 1. Only states may be parties in cases before
waters surrounding Nova. Ameria supported a
it. (Article 34)
group of rebels organized to overthrow the
government of Nova and to replace it 2. The consent of the parties is needed for
with a friendly government. the court to acquire jurisdiction over a
Nova decided to file a case against case. (Article 36)
Ameria in the International Court of Justice
1) On what grounds may Nova's causes of Int’l Court of Justice; Parties; Pleadings and
action against Ameria be based? Oral Argument (1994)
2) On what grounds may Ameria move to No. 20: The sovereignty over certain islands is
dismiss the case with the ICJ? disputed between State A and State B. These
two states agreed to submit their disputes to the
Decide the case.
International Court of Justice [ICJ].
SUGGESTED ANSWER:
3) What language shall be used in the 1. Where is the seat of the
pleadings and oral argument? International Court of Justice? 11%)
4) In case State A, the petitioner, falls The seat of the International Court
of Justice is at the Hague or elsewhere,
to appear at the oral argument, can State B, the
as it may decide, except during the
respondent, move for the dismissal of
judicial vacations the dates and duration
the petition?
of which it shall fix (I.C.J. Statute, Art. 22).
SUGGESTED ANSWER:
3) Under Article 39 of the Statutes of the
2. How many are its members? (1%)
International Court of Justice, the official The Court is composed of fifteen members
languages of the court are English and French. In
who must be of high moral character
and possess the qualifications required in
the absence of an agreement, each party may
their respective countries for appointment
use the language it prefers. At the request of any
to the highest judicial office or are
party, the court may authorize a party to use a
jurisconsults of recognized competence
language other than English or French.
in international law (I.C.J. Statute, Art. 2).
4) Under Article 53 of the Statutes of the
International Court of Justice, whenever one of 3. What is the term of their office? (1%) They are
the parties does not appear before the court or elected for a term of nine years, staggered
fails to defend its case, the other party may ask at three-year intervals by dividing the
the court to decide in favor of its claim. judges first elected into three equal groups
However, the court must, before doing so, and assigning them by lottery terms of
satisfy itself it has Jurisdiction and that the three, six and nine years respectively.
claim is well founded in fact and law. Immediate re-election is allowed (I.C.J.
Statute, Art. 13).
International Convention; Law of the Sea 4. Who is its incumbent president? (1%) The
(2004) incumbent President is Rosalyn
(2-b) En route to the tuna fishing grounds in the Higgins.
Pacific Ocean, a vessel registered in Country
TW entered the Balintang Channel north of 5. What is his/her nationality? (1 %)
Babuyan Island and with special hooks and nets She is a national of the United Kingdom or
dragged up red corals found near Batanes. By a British subject.
international convention certain corals are (NOTE: Since questions IX(4) and IX(5)
protected species, just before the vessel do not test the examinees' knowledge
reached the high seas, the Coast Guard patrol of the law, it is suggested that
intercepted the vessel and seized its cargo they be disregarded)
including tuna. The master of the vessel and
the owner of the cargo protested, claiming the 6. In 1980, the United States filed with the
rights of transit passage and innocent passage, and International Court of Justice a complaint
sought recovery of the cargo and the against Iran alleging that the latter is
release of the ship. Is the claim meritorious or detaining American diplomats in violation of
not? Reason briefly. (5%) International Law. Explain how the
International Court of Justice can acquire
SUGGESTED ANSWER; jurisdiction over these contending
The claim of innocent passage is not countries. (5%)
meritorious. While the vessel has the right of Under Article 36 of the I.C.J. Statutes,
innocent passage, it should not commit a both parties must agree to
violation of any international convention. The submit themselves to the jurisdiction
vessel did not merely navigate through the of the International Court of Justice.
territorial sea, it also dragged red corals in
violation of the international convention which International Law vs. Municipal
protected the red corals. This is prejudicial to Law; Territorial Principle; International
the good order of the Philippines. (Article 19(2) of Crimes (Q2-2005)
the Convention on the Law of the Sea) (2) Police Officer Henry Magiting of the
Narcotics Section of the Western Police
International Court of Justice (Q9-2006) District applied for a search warrant in the
Regional Trial Court of Manila for violation
of Section 11, Article II (Possession of order to establish probable cause, as
Prohibited Drugs) of Republic Act (R.A.) No. required by Sections 3 and 4 of Rule
9165 (Comprehensive Dangerous Drugs 126. In any event, there is no showing
Act of 2002) for the search and seizure that the requisite quantum of probable
of heroin in the cabin of the Captain of the cause was established by mere
MSS Seastar, a foreign-registered vessel reference to the affidavits and other
which was moored at the South Harbor, documentary evidence presented.
Manila, its port of destination.
Mandates and Trust Territories (2003)
Based on the affidavits of the applicant's
No XVII - What are the so-called Mandates and
witnesses who were crew members of the
vessel, they saw a box containing ten (10)
Trust Territories? Does the United
kilograms of heroin under the bed in the
Nations exercise sovereignty over these
Captain's cabin. The RTC found probable territories? In the affirmative, how is
cause for the issuance of a search warrant; this jurisdiction exercised?
nevertheless, it denied the application on SUGGESTED ANSWER:
the ground that Philippine courts have no
The Mandates were the overseas
criminal jurisdiction over violations of R.A.
possessions of the defeated states of Germany and
No. 9165 committed on foreign-registered
Turkey which were placed by the League of Nations
vessels found in Philippine waters.
under the administration of mandatories
to promote their development and ultimate
Is the ruling of the court correct?
independence. (Harris, Cases and Materials on
Support your answer with reasons. (5%) International Law, 5th ed., p. 131.) When the
United Nations replaced the League of Nations,
ALTERNATIVE ANSWER:
the system of Mandates was replaced by the
The court's ruling is not correct. The
System of Trust Territories. The United Nations
foreign-registered vessel was not in transit.
exercised residuary sovereignty over the Trust
It was moored in South Harbor, Manila,
Territories through the Trustee Powers, who
its port of destination. Hence, any
exercised the powers of sovereignty
crime committed on board said
subject to supervision by and accountability
vessel, like possession of heroin, is
to the United Nations. (Oppenheim-
triable by our courts (U.S. v. Ah Sing,
Lauterpacht, International Law, Vol. I, 7th ed.,
G.R. No. 13005, October 10, 1917),
pp. 213-214.) (Since there are no more Trust
except if the crime involves the
Territories, this is just a matter of historical
internal management of the vessel.
interest.)
ALTERNATIVE ANSWER: ALTERNATIVE ANSWER:
The RTC may assert its jurisdiction over the
Mandates pertains to the mandate
case by invoking the territorial principle,
system established under Article 22 of the
which provides that crimes committed
Covenant of the League of Nations for the
within a state's territorial boundaries and
tutelage and guardianship of colonies and
persons within that territory, either
territories formerly held by Germany and Turkey
permanently or temporarily, are subject to
before the First World War, by a victorious
the application of local law. Jurisdiction may
power on behalf of the League of Nations until they
also be asserted on the basis of the
were prepared for independence. Territories
universality principle, which confers upon all
under mandate were not under the sovereignty
states the right to exercise jurisdiction over
of any State; they were administered by a
delicta juris gentium or international crimes,
mandatory power which was responsible to the
such as the international traffic narcotics.
League of Nations for the development and
The possession of 10 kgs. of heroin
welfare of the disadvantaged subject peoples
constitutes commercial quantity and
towards independence. Thus, mandated territories
therefore qualifies as trafficking of
narcotics. were under the jurisdiction of the mandatory
power, subject to the supervision of the
Consequently, the denial of the search League of Nations.
warrant should have been anchored on the The general legal framework of the
failure of the court to conduct personal mandate system passed into the trusteeship
examination of the witnesses to the crime in system of the United Nations, together with
mandated territories which did not attain it is Philippine courts that will decide the case,
independence status by the end of the Second they will uphold the Constitution over
World War. Trust territories and the Trusteeship international law. If it is an international tribunal that
Council are created by the UN Charter. will decide the case, it will uphold
The trusteeship system under Chapters XII international law over municipal law. As held by the
and XIII of the UN Charter is established under Permanent International Court of Justice in the
the supervision of the UN Trusteeship Council case of the Polish Nationals in Danzig, a State
under the authority of the General Assembly cannot invoke its own Constitution to evade
for the promotion of political and socio- obligations incumbent upon it under
economic development of peoples in trust territories international law.
towards independent status. A new feature of ALTERNATIVE ANSWER
the UN trusteeship system is the creation of a
I would take the proposition assigned to
new category of territories, the strategic trust
Team "C" as being nearer to the legal reality in
territories, which is under the supervision of the
the Philippines, namely, "A
Security Council instead of the Trusteeship
country's Constitution prevails over
Council.
international law but international law
Under the foregoing conditions, the prevails over municipal statutes".
United Nations may not be said to exercise
This is, however, subject to the place of
sovereignty over trust territories, the functions
international law in the Philippine Constitutional
and powers of the Trusteeship Council and the
setting in which treaties or customary norms in
General Assembly being limited to
international law stand in parity with statutes
administration and supervision under the
and in case of irreconcilable conflict, this may
principle of self-determination as set forth in
be resolved by /ex posteriori derogat lex priori
individual trust agreements concluded in
as the Supreme Court obiter dictum in Abbas v.
accordance with the UN Charter. UN
COMELEC holds. Hence, a statute enacted
jurisidiction is exercised through the
later than the conclusion or effectivity of a treaty
Trusteeship Council under the authority of the
General Assembly, except with respect to may prevail.
strategic areas or territories which are placed In the Philippine legal system, there are no
under the jurisdiction of the Security Council. norms higher than constitutional norms. The fact
that the Constitution makes generally accepted
Municipal Law vs. International Law (2003)
principles of international law or conventional
No XVI- An organization of law students international law as part of Philippine law
sponsored an inter-school debate among three does not make them superior to statutory law, as
teams with the following assignments clarified in Secretary of Justice v. Lantion and Philip
and propositions for each team to defend: Morris decisions.
Team "A" - International law prevails Neutrality of States (1988)
over municipal law. Team "B" - Municipal
No. 20: Switzerland and Australia are
law prevails over international law. Team
"C" - A country's Constitution prevails over outstanding examples of neutralized states,
international law but international law prevails 1. What are the characteristics of
over municipal statutes. a neutralized state?
If you were given a chance to choose 2. Is neutrality synonymous
the correct proposition, which would you with neutralization? If not, distinguish one
take and why? from the other.
I shall take the proposition for Team C. 1. Whether simple or composite, a State is said to
International Law and municipal law are be neutralized where its independence and
supreme in their own respective fields. Neither integrity are guaranteed by an international
has hegemony over the other. (Brownlie, convention on the condition that such State
Principles of Public International Law, 4th ed. p. obligates itself never to take up arms against
157.) Under Article II, Section 2 of the 1987 any other State, except for self-defense, or
Constitution, the generally accepted principles of enter into such international obligations as
international law form part of the law of the would indirectly involve it in war. A State seeks
land. Since they merely have the force of law, if neutralization where it is weak and does not

wish to take an active part in international Outer space in this estimate begins from
politics. The power that guarantee its the lowest altitude an artificial satellite can
neutralization may be motivated either by remain in orbit. Under the Moon Treaty of
balance of power considerations or by the 1979 the moon and the other celestial bodies
desire to make the weak state a buffer between the form part of outer space.
territories of the great powers. (J. In outer space, the space satellites or objects
SALONGA & P. YAP, PUBLIC are under the jurisdiction of States of registry
INTERNATIONAL LAW 76 (1966)). which covers astronauts and cosmonauts. This
2. Firstly, neutrality obtains only during matter is covered by the Registration of Objects in
war, whereas neutralization is a condition that Space Convention of 1974 and the Liability for
applies in peace or in war. Secondly, Damage Caused by Spaced Objects
neutralization is a status created by means of Convention of 1972.
treaty, whereas neutrality is a status created
Principle of Auto-Limitation (Q10-2006)
under international law, by means of a stand on the
1. What is the principle of auto-limitation?
part of a state not to side with any of the
(2.5%)
parties at war. Thirdly, neutrality is brought
ALTERNATIVE ANSWER:
about by a unilateral declaration by the neutral
Under the principle of auto-limitation, any
State, while neutralization cannot be effected by
state may by its consent, express or
unilateral act, but must be recognized by other
implied, submit to a restriction of its
States. (Id.)
sovereign rights. There may thus be a
Outer Space; Jurisdiction (2003) curtailment of what otherwise is a plenary
No XIX - What is outer-space? Who or power (Reagan v. CIR, G.R. L-26379,
which can exercise jurisdiction over December 27, 1969).
astronauts while in outer space?
Reciprocity v. Principle of Auto-Limitation
ALTERNATIVE ANSWER: (Q10-2006)
There are several schools of thought regarding the 2. What is the relationship between
determination of outer space, such as the limit reciprocity and the principle of auto-
of air flight, the height of atmospheric space, limitation? (2.5%)
infinity, the lowest altitude of an artificial satellite, ALTERNATIVE ANSWER:
and an altitude approximating aerodynamic When the Philippines enters into treaties,
lift. Another school of thought proceeds by necessarily, these international
analogy to the law of the sea. It proposes that agreements may contain limitations on
a State should exercise full sovereignty up to Philippine sovereignty. The consideration in
the height to which an aircraft can ascend. Non- this partial surrender of sovereignty is the
militant flight instrumentalities should be allowed reciprocal commitment of other
over a second area, a contiguous zone of 300 contracting states in granting the same
miles. Over that should be outer space. The privilege and immunities to the Philippines.
boundary between airspace and outer space For example, this kind of reciprocity in
has not yet been defined. (Harris, Cases relation to the principle of auto-limitation
characterizes the Philippine commitments
and Materials on International Law, 5th ed.. pp.
under WTO-GATT. This is based on the
251-253.) Under Article 8 of the Treaty on
constitutional provision that the Philippines
the Principles Governing the Activities of
"adopts the generally accepted principles of
States in the Exploration and Use of Outer
international law as part of the law of the
Space, Including the Moon and Other Celestial
land and adheres to the policy of ...
Bodies, a State on whose registry an object
launched into outer space retains jurisdiction over cooperation and amity with all
the astronauts while they are in outer space. nations" (Tanada v. Angara, G.R. No.
118295, May 2, 1997).
ALTERNATIVE ANSWER:
Outer space is the space beyond the airspace
surrounding the Earth or beyond the national Recognition of States; De Facto vs. De Jure
airspace. In law, the boundary between outer Recognition (1998)
space and airspace has remained No XII. Distinguish between de
undetermined. But in theory, this has been facto recognition and de jure recognition of
estimated to be between 80 to 90 kilometers. states. [5%)
SUGGESTED ANSWER: various parts of Asia. The Japanese
Government has accordingly launched a
The following are the distinctions between
goodwill campaign and has offered the
de facto recognition and de Jure recognition Philippine Government substantial assistance for
of a government: a program that will promote — through
1. De facto recognition is provisional, de government and non-governmental
Jure recognition is relatively permanent; organizations — womens' rights, child welfare,
2. De facto recognition does not vest title nutrition and family health care.
in the government to its properties abroad; An executive agreement is about to be
de Jure recognition does; signed for that purpose. The agreement
includes a clause whereby the Philippine
3. De facto recognition is limited to certain
Government acknowledges that any liability to
juridical relations; de jure recognition brings
the "comfort women" or their descendants are
about full diplomatic relations.
deemed covered by the reparations
(Cruz. International Law. 1996 ed.. p. 83.) agreements signed and implemented
ALTERNATIVE ANSWER: immediately after the Second World War.
The distinction between de facto Juliano Iglesias, a descendant of a now
recognition and de jure recognition of a State is deceased comfort woman, seeks your advice on
not clear in international law. It is, however, the validity of the agreement. Advise him.
usually assumed as a point of distinction SUGGESTED ANSWER:
that while de facto recognition is provisional
and hence may be withdrawn, de jure The agreement is valid. The comfort women and
recognition is final and cannot be withdrawn. their descendants cannot assert individual claims
against Japan. As stated in Davis & Moore vs.
Confronted with the emergence of a
Regan, 453 U.S. 654, the sovereign authority of a
new political entity in the international
State to settle claims of its nationals
community, a State may experience some
against foreign countries has repeatedly
difficulty in responding to the question whether
been recognized. This may be made without the
the new political order qualifies to be regarded
consent of the nationals or even without
as a state under international law, in particular
consultation with them. Since the continued
from the viewpoint of its effectiveness and
amity between a State and other countries
independence on a permanent basis. The
may require a satisfactory compromise of
recognizing State may consider its act in regard to
mutual claims, the necessary power to make
the new political entity as merely a de facto
such compromises has been recognized. The
recognition, implying that it may withdraw it if in the
settlement of such claims may be made by
end it turns out that the conditions of
executive agreement.
statehood are not fulfilled should the new
authority not remain in power. Right to Innocent Passage (1999)
But even then, a de facto recognition in No X - C. State Epsilon, during peace time,
this context produces legal effects in the same has allowed foreign ships innocent passage
way as de jure recognition. Whether recognition through Mantranas Strait, a strait within
is de facto or de jure, steps may be taken Epsilon's territorial sea which has been used by
to withdraw recognition if the conditions foreign ships for international navigation. Such
of statehood in international law are not passage enabled the said ships to traverse the strait
fulfilled. Thus, from this standpoint, the between one part of the high seas to another.
distinction is not legally significant. On June 7, 1997, a warship of State Beta passed
through the above-named strait. Instead of
Note: The question should refer to
passing through continuously and expeditiously,
recognition of government not recognition of
the ship delayed its passage to render
state because there is no such distinction in
assistance to a ship of State Gamma which
recognition of state.
was distressed with no one nearby to assist.
When confronted by Epsilon about the delay,
Reparations Agreement; Validity (1992)
Beta explained that the delay was due to force
No. 14: The Japanese Government confirmed majeure in conformity with the provision of Article
that during the Second World War, Filipinas 18(2) of the 1982 Convention on the Law of the
were among those conscripted as "comfort Sea (UNCLOS). Seven months later, Epsilon
women" (or prostitutes) for Japanese troops in suspended the right of innocent
passage of warships through Mantranas Strait Batanes. By international convention certain
without giving any reason therefor. corals are protected species. Just before the
Subsequently, another warship of Beta passed vessel reached the high seas, the Coast Guard
through the said strait, and was fired upon by patrol intercepted the vessel and seized its
Epsilon's coastal battery. Beta protested the cargo including tuna. The master of the vessel and
aforesaid act of Epsilon drawing attention to the the owner of the cargo protested, claiming the
existing customary international law that the rights of transit passage and innocent
regime of innocent passage (even of transit passage, and sought recovery of the cargo and the
passage) is non-suspendable. Epsilon release of the ship. Is the claim meritorious or not?
countered that Mantranas Strait is not a Reason briefly. (5%)
necessary route, there being another suitable SUGGESTED ANSWER;
alternative route. Resolve the above-mentioned The claim of innocent passage is not
controversy, Explain your answer. (4%) meritorious. While the vessel has the right of
innocent passage, it should not commit a
SUGGESTED ANSWER:
violation of any international convention. The
Assuming that Epsilon and Beta are parties vessel did not merely navigate through the
to the UNCLOS, the controversy maybe territorial sea, it also dragged red corals in
resolved as follows: violation of the international convention which
Under the UNCLOS, warships enjoy a protected the red corals. This is prejudicial to
right of innocent passage. It appearing that the the good order of the Philippines. (Article 19(2) of
portion of Epsilon's territorial sea in question is a the Convention on the Law of the Sea)
strait used for international navigation,
Epsilon has no right under international law to
suspend the right of innocent passage. Article Rights and Obligation under UN
45(2) of the UNCLOS is clear in providing that Charter (1991)
there shall be no suspension of innocent No. 14: State X invades and conquers State Y. The
passage through straits used for international United Nations Security Council declares the
navigation. invasion and conquest illegal and orders an
On the assumption that the straits in international embargo against State X.
question is not used for international navigation, still Subsequently, the same U.N. body adopts a
the suspension of innocent passage by Epsilon resolution calling for an enforcement action
cannot be effective because suspension against State X under Chapter VII of the U.N.
is required under international law to be duly Charter. State Z, a U.N. member, religiously
published before it can take effect. There being complies with the embargo but refuses to take
no publication prior to the suspension of part in the enforcement action, sending a
innocent passage by Beta's warship, Epsilon's medical mission instead of fighting troops to the
act acquires no validity. troubled area.
Moreover, Epsilon's suspension of (a) Did State Z violate its obligations under the
innocent passage may not be valid for U.N. Charter?
the reason that there is no showing that (b) If so, what sanctions may be taken against
it is essential for the protection of its
it?
security. The actuation of Beta's warship
in resorting to delayed passage is for cause (c) If not, why not?
recognized by the UNCLOS as excusable, i.e., ANSWER:
for the purpose of rendering assistance to
persons or ship in distress, as provided in (a) No, State Z did not violate
Article 18(2) of the UNCLOS. Hence, Beta's its obligations under the United Nations
warship complied with the international law Charter. It complied with the resolution
norms on right of innocent passage. calling for enforcement action against State
X, because it sent a medical team.
Right to Transit and Innocent Passage
(2004) (b) No sanctions may be taken
II-B. En route to the tuna fishing grounds in against State Z. because it did not violate its
the Pacific Ocean, a vessel registered in obligation under the United Nations Charter.
Country TW entered the Balintang Channel (c) Compliance with the resolution
north of Babuyan Island and with special hooks and calling for enforcement action against Slate X
nets dragged up red corals found near does not necessarily call for the sending of
fighting troops. Under Art 43 of the United procedures and a customary norm is
Nations Charter, compliance with the call for the product of the formation of general
enforcement action against State X has to be practice accepted as law.
made in accordance with a special agreement
By way of illustrating International Convention as
with the Security Council and such agreement
a source of law, we may refer to the principle
shall govern the numbers and types of forces,
embodied in Article 6 of the Vienna Convention on
their degree of readiness and general locations, and
the Law of Treaties which reads: "Every State
the nature of the facilities and assistance to be
possesses capacity to conclude treaties". It tells us
supplied by members of the United Nations.
what the law is and the process or method by
which it came into being. International
Sources of International Law; Primary
Custom may be concretely illustrated by
& Subsidiary Sources (2003) pacta sunt servanda, a customary or general norm
No XV - State your general understanding of which came about through extensive and
the primary sources and subsidiary sources of consistent practice by a great number of states
international law, giving an illustration of each. recognizing it as obligatory.
SUGGESTED ANSWER: The subsidiary means serves as evidence of
law. A decision of the International Court of
Under Article 38 of the Statute of Justice, for example, may serve as material
the International Court of Justice, the evidence confirming or showing that the
PRIMARY SOURCES of international law prohibition against the use of force is a
are the following: customary norm, as the decision of the Court
1. International conventions, e.g., has demonstrated in the Nicaragua Case. The
status of a principle as a norm of international
Vienna Convention on the Law of Treaties.
law may find evidence in the works of highly
2. International customs, e.g., sabotage, the qualified publicists in international law, such as
prohibition against slavery, and McNair, Kelsen or Oppenheim.
the prohibition against torture.
3. General principles of law recognized Sovereign Immunity of States; Absolute vs.
by civilized nations, e.g., prescription, Restrictive (1998)
res judicata, and due process. No XIII. What is the doctrine of
Sovereign immunity in international Law? [5%]
The SUBSIDIARY SOURCES of international law SUGGESTED ANSWER:
are judicial decisions, subject to the By the doctrine of sovereign immunity,
provisions of Article 59, e.g., the decision in the a State, its agents and property are immune
Anglo-Norwegian Fisheries Case and from the judicial process of another State,
Nicaragua v. United States, and TEACHINGS of except with its consent. Thus, immunity may
the most highly qualified publicists of various be waived and a State may permit itself to be
nations, e.g., Human Rights in International sued in the courts of another State,
Law by Lauterpacht and International Law by
Oppenhe im -Lauterpacht.
Sovereign immunity has developed into
two schools of thought, namely, absolute
ALTERNATIVE ANSWER: immunity and restrictive immunity. By
Reflecting general international law, Article absolute immunity, all acts of a State are
38(1) of the Statute of the International Court of covered or protected by immunity. On the
Justice is understood as providing for other hand, restrictive immunity makes
international convention, international custom, and a distinction between governmental or
general principles of law as primary sources sovereign acts (acta jure imperii) and
of international law, while indicating that judicial nongovernmental, propriety or commercial acts
decisions and teachings of the most highly qualified (acta jure gestiones). Only the first category
publicists as "subsidiary means for the of acts is covered by sovereign immunity.
determination of the rules of law." The Philippine adheres to the
The primary sources may be considered as restrictive immunity school of thought.
formal sources in that they are the methods by ALTERNATIVE ANSWER;
which norms of international law are created
and recognized. A conventional or treaty norm
comes into being by established treaty-making
In United States vs. Ruiz, 136 SCRA 487. 490- 21 of the United Nations Conference on the
491. the Supreme Court explained the doctrine Human Environment imposes upon states the
of sovereign immunity in international law; responsibility to ensure that activities within
"The traditional rule of State immunity exempts a their jurisdiction or control do not cause
State from being sued in the courts of another State damage to the environment of other States.
without its consent or waiver, this rule is a
Sovereignty; Definition; Nature (Q10-2006)
necessary consequence of the principles of
3. How is state sovereignty defined in
independence and equality of states. However, the
International Law? (2.5%) ALTERNATIVE
rules of International Law are not petrified, they
ANSWER: State sovereignty signifies
are constantly developing and evolving. And
independence in regard to a portion of the
because the activities of states have
globe, and the right to exercise and enforce
multiplied. It has been necessary to distinguish
jurisdiction therein, to the exclusion of any
them — between sovereign and government
other state the functions of the state [See
acts [jure imperii] and private, commercial and
Island of Las Palmas Case (US v. The
proprietary acts (jure gestionis), The result is
Netherlands) 2 R.IAA. 829]. Sovereignty
that State immunity now extends only to acts
means independence from outside
jure imperii."
control. The 1933 Montevideo Convention
Sovereignty of States; Natural Use expresses this in positive terms as
including "the capacity to enter into
of Territory (1989)
relations with other states."
No. 19: The Republic of China (Taiwan), in its
bid to develop a hydrogen bomb and defend ALTERNATIVE ANSWER:
itself against threats of invasion coming from the Under the principle of state sovereignty in
People's Republic of China, conducted a series International Law, all states are sovereign
of secret nuclear weapons tests in its own equals and cannot assert jurisdiction over
atmosphere. The tests resulted in one another. A contrary disposition would
radioactive fallouts which contaminated the "unduly vex the peace of nations" (Da
rivers in and around Aparri and other bodies of Haber v. Queen of Portugal, 17 Q. B. 171).
water within the territorial jurisdiction of the
Philippines, Can the Philippines complain 4. Is state sovereignty absolute? (2.5%)
against the Republic of China for violation of its ALTERNATIVE ANSWER: State sovereignty
sovereignty? is not absolute. On the contrary, the rule
says that the state may not be sued
ANSWER:
without its consent, which clearly imports
In the Trial Smelter Arbitration between that it may be sued if it consents.
the United States and Canada, the Moreover, certain restrictions enter into
Arbitral Tribunal held that air pollution from the picture: (1) limitations imposed by
Canada should be enjoined, because the very nature of membership in the family of
sovereignty includes the right against any nations; and (2) limitations imposed by
encroachment which might prejudice the treaty stipulations. The sovereignty of a
natural use of the territory and the free state therefore cannot in fact and in reality
movement of its inhabitants. be considered absolute (Tanada v. Angara,
G.R. No. 118295, May 2,1997).
Since the nuclear tests conducted by
the Republic China resulted in
ALTERNATIVE ANSWER:
radioactive fallouts which contaminated the Sovereignty is absolute with respect to
rivers and other bodies of water within the exclusive competence over internal
Philippines, the Republic of China violated matters [See Island of Las Palmas Case
the sovereignty of the Philippines. (US v. The Netherlands) 2 R.IAA. 829],
YES, the Philippines can complain against the subject only to such limitations as may be
Republic of China for violation of its imposed or recognized by the state itself
sovereignty. Article 194 of the Convention on the as part of its obligations under
Law of the Sea requires States to take all international law. In the international plain,
measures necessary to ensure that activities state sovereignty is realized as the co-
under their jurisdiction or control are so existence with other sovereignties under
conducted as not to cause damage by pollution to conditions of independence and equality.
other States and their environment. Principle

State Liabilities (1995) The basis of the Philippine claim is effective
occupation of a territory not subject to the
No. 8: In a raid conducted by rebels in a
sovereignty of another state. The Japanese
Cambodian town, an American businessman who
forces occupied the Spratly Island group during the
has been a long-time resident of the place was
Second World War. However, under the San
caught by the rebels and robbed of his cash
Francisco Peace Treaty of 1951 Japan formally
and other valuable personal belongings. Within
renounced all right and claim to the Spratlys.
minutes, two truckloads of government troops
The San Francisco Treaty or any other
arrived prompting the rebels to withdraw. Before
International agreement however, did not designate
fleeing they shot the American causing him
any beneficiary state following the Japanese
physical injuries. Government troopers
renunciation of right. Subsequently, the Spratlys
immediately launched pursuit operations and
became terra nullius and was occupied by
killed several rebels. No cash or other valuable
the Philippines in the title of sovereignty.
property taken from the American businessman was Philippine sovereignty was displayed by
recovered. open and public occupation of a number of
In an action for indemnity filed by the islands by stationing of military forces, by
US Government in behalf of the organizing a local government unit, and by
businessman for injuries and losses in cash awarding petroleum drilling rights, among other
and property, the Cambodian government political and administrative acts. In 1978, it
contended that under International Law it was confirmed its sovereign title by the promulgation
not responsible for the acts of the rebels. of Presidential Decree No. 1596, which declared
the Kalayaan Island Group part of Philippine
1. Is the contention of the
territory.
Cambodian government correct? Explain.
2. Suppose the rebellion is successful and a Stateless Persons; Effects; Status; Rights
new government gains control of the entire (1995)
State, replacing the lawful government that was 1. Who are stateless persons
toppled, may the new government be held
under International Law?
responsible for the injuries or losses suffered by the
American businessman? Explain. 2. What are the consequences
ANSWER; of statelessness?
3. Is a stateless person entirely without
1. Yes, the contention of the Cambodian
Government is correct. Unless it clearly right, protection or recourse under the
appears that the government has failed to use Law of Nations? Explain.
promptly and with appropriate force its 4. What measures, if any, has International
constituted authority it cannot be held Law taken to prevent statelessness?
responsible for the acts of rebels, for the rebels are ANSWER:
not its agents and their acts were done without
its volition. In this case, government troopers 1. STATELESS PERSONS are those who
immediately pursued the rebels and killed several are not considered as nationals by any State
of them. under the operation of its laws.
2. The new government may be
held responsible if it succeeds in
2. The consequences of statelessness are the
overthrowing the government. Victorious
rebel movements are responsible for the following:
illegal acts of their forces during the course (a) No State can intervene or complain
of the rebellion. The acts of the rebels are in behalf of a stateless person for
imputable to them when they assumed as an international delinquency
duly constituted authorities of the state. committed by another State in
inflicting injury upon him.
State Sovereignty; Effective Occupation; (b) He cannot be expelled by the State
Terra Nullius (2000) if he is lawfully in its territory except
No XIX - a) What is the basis of the on grounds of national security
Philippines' claim to a part of the or public order.
Spratly Islands? (c) He cannot avail himself of the
SUGGESTED ANSWER: protection and benefits of
citizenship like securing for Under Section 1, Article I of the 1987
himself a passport or visa and Constitution, the INTERNAL WATERS of the
personal documents. Philippines consist of the waters around,
between and connecting the islands of the
Philippine Archipelago, regardless of their
3. No. Under the Convention in Relation to breadth and dimensions, including the waters in
the Status of Stateless Person, the Contracting bays, rivers and lakes. No right of innocent
States agreed to accord to stateless persons passage for foreign vessels exists in the case of
within their territories treatment at least as internal waters. (Harris, Cases and Materials on
favorable as that accorded to their nationals with International Law, 5th ed., 1998, p. 407.)
respect to freedom of religion, access to the
Internal waters are the waters on the
courts, rationing of products in short supply,
landward side of baselines from which the
elementary education, public relief and
breadth of the territorial sea is calculated.
assistance, labor legislation and social security.
(Brownlie, Principles of Public International
They also agreed to accord to them treatment
Law, 4th ed., 1990, p. 120.)
not less favorable than that accorded to aliens
generally in the same circumstances. The
Convention also provides for the issuance of Use of Force; Exceptions (2003)
identity papers and travel documents to
stateless person. No XIV- Not too long ago, "allied forces", led by
American and British armed forces, invaded Iraq
to "liberate the Iraqis and destroy
4. In the Convention on the Conflict of suspected weapons of mass destruction." The
Nationality Laws of 1930, the Contracting Security Council of the United Nations failed to
States agreed to accord nationality to persons reach a consensus on whether to support or
born in their territory who would otherwise be oppose the "war of liberation".
stateless. The Convention on the Reduction of
Can the action taken by the allied forces
Statelessness of 1961 provides that if the law of the
contracting States results in the loss of find justification in International Law? Explain.
nationality as a consequence of marriage or SUGGESTED ANSWER:
termination of marriage, such loss must be The United States and its allied forces
conditional upon possession or acquisition of cannot justify their invasion of Iraq on the basis of
another nationality. self-defense under Article 51 attack by Iraq, and
ALTERNATIVE ANSWER; there was no necessity for anticipatory self- defense
Under the Convention on the Reduction of which may be justified under customary
Stateless-ness of 1961, a contracting state shall international law. Neither can they justify their
grant its nationality to a person born in its invasion on the ground that Article 42 of the
Charter of the United Nations permits the use force
territory who would otherwise be stateless and a
against a State if it is sanctioned by the Security
contracting state may not deprive a person or a
Council. Resolution 1441, which gave Iraq a final
group of persons of their nationality for racial,
opportunity to disarm or face serious
ethnic, religious or political grounds.
consequences, did not authorize the use of
Territorial Sea vs. Internal Waters (2004) armed force.
ALTERNATIVE ANSWER:
II-A. Distinguish briefly but clearly between:
In International Law, the action taken by
(1) The territorial sea and the internal waters of
the allied forces cannot find justification. It
the Philippines. is covered by the prohibition against the
SUGGESTED ANSWER: use of force prescribed by the United Nations
A. (1) TERRITORIAL SEA is an adjacent belt of sea Charter and it does not fall under any of the
with a breadth of twelve nautical miles exceptions to that prohibition.
measured from the baselines of a state and The UN Charter in Article 2(4) prohibits the
over which the state has sovereignty. (Articles 2 and use of force in the relations of states by
3 of the Convention on the Law of the Sea.) Ship of providing that all members of the UN "shall
all states enjoy the right of innocent passage refrain in their international relations from the
through the territorial sea. (Article 14 of the threat or use of force against the territorial
Convention on the Law of the Sea.) integrity or political independence of any state,

or in any other manner inconsistent with of Nova and to replace it with a
the purposes of the United Nations." This friendly government.
mandate does not only outlaw war; it Nova decided to file a case against
encompasses all threats of and acts of force
Ameria in the International Court of Justice
or violence short of war.
1) On what grounds may Nova's causes of
As thus provided, the prohibition
is addressed to all UN members. However, action against Ameria be based?
it is now recognized as a fundamental 2) On what grounds may Ameria move to
principle in customary international law and, dismiss the case with the ICJ?
as such, is binding on all members of 3) Decide the case.
the international community.
The action taken by the allied forces ANSWER:
cannot be justified under any of the three 1) If Nova and Ameria are members of the
exceptions to the prohibition against the use of force United Nations, Nova can premise its cause of
which the UN Charter allows. These are: action on a violation of Article 2(4) of the United
Nations Charter, which requires members to
(1) inherent right of individual or
refrain from the threat or use of force against
collective self-defense under the territorial integrity or political independence
Article 51; of any state. If either or both Nova or Ameria
(2) enforcement measure involving are not members of the United Nations, Nova
the use of armed forces by may premise its cause of action on a violation
the UN Security Council under of the non-use of force principle in customary
Article 42; and international law which exists parallel to Article
(3) enforcement measure by regional 2(4) of the United Nations Charter.
arrangement under Article 53, as In the Case Concerning Military and
authorized by the UN Security Paramilitary Activities in and Against Nicaragua
Council. The allied forces did not (1986 ICJ Rep. 14), the International Court of
launch military operations and did Justice considered the planting of mines by one
not occupy Iraq on the claim that state within the territorial waters of another as a
their action was in response to an violation of Article 2(4) of the United Nations
armed attack by Iraq, of which there Charter. If the support provided by Ameria to
was none. the rebels of Nova goes beyond the mere giving of
Moreover, the action of the allied forces was monetary or psychological support but
taken in defiance or disregard of the Security consists in the provision of arms and training,
the acts of Ameria can be considered as
Council Resolution No. 1441 which set up "an
indirect aggression amounting to another
enhanced inspection regime with the aim of
violation of Article 2(4).
bringing to full and verified completion the
disarmament process", giving Iraq "a final In addition, even if the provision of
opportunity to comply with its disarmament support is not enough to consider the act a
obligations". This resolution was in the process of violation of the non-use of force principle, this is a
implementation; so was Iraq's compliance with violation of the principle of non-intervention in
such disarmament obligations. customary International law.
Aggression is the use of armed force by
Use of Force; Principle of Non-
a state against the sovereignty,
Intervention (1994) territorial integrity or political independence
No. 19; The State of Nova, controlled by an of another state or in any other manner
authoritarian government, had unfriendly inconsistent with the United Nations Charter.
relations with its neighboring state, Ameria. 2) By virtue of the principle of sovereign
Bresla, another neighboring state, had been immunity, no sovereign state can be made a
shipping arms and ammunitions to Nova for use in party to a proceeding before the International
attacking Arneria. Court of Justice unless it has given its consent.
To forestall an attack, Ameria placed ...
floating mines on the territorial waters
surrounding Nova. Ameria supported a group of
rebels organized to overthrow the government
3) If jurisdiction over Ameria is established, the case (2) It may bring the matter to
should be decided in favor of Nova, because the Security Council which may authorize
Ameria violated the principle against the use of sanctions against Country X, including
force and the principle of non- Intervention. measure invoking the use of force. Under
The defense of anticipatory self- defense cannot Article 4 of the UN Charter, Country Y
be sustained, because there is no showing that may use force against Country X as well
Nova had mobilized to such an extent that if as against the Ali Baba organization by
Ameria were to wait for Nova to strike first it authority of the UN Security Council.
would not be able to retaliate.
SECOND ALTERNATIVE ANSWER:
However, if jurisdiction over Ameria is
Under the Security Council Resolution No.
not established, the case should be
1368, the terrorist attack of Ali Baba may be
decided in favor of Ameria because of the defined as a threat to peace, as it did in defining the
principle of sovereign immunity. September 11, 2001 attacks against the United
States. The resolution authorizes military and other
Use of Force; Right of Self-defense (2002)
actions to respond to terrorist attacks. However, the
No XIX. On October 13, 2001, members of Ali use of military force must be proportionate and
Baba, a political extremist organization based in and intended for the purpose of detaining the
under the protection of Country X and persons allegedly responsible for the crimes and
espousing violence worldwide as a means of to destroy military objectives used by the
achieving its objectives, planted high-powered terrorists.
explosives and bombs at the International
The fundamental principles of international
Trade Tower (ITT) in Jewel City in Country Y, a
humanitarian law should also be respected.
member of the United Nations. As a result of
Country Y cannot be granted sweeping
the bombing and the collapse of the 100-story
discretionary powers that include the power to
twin towers, about 2,000 people, including
decide what states are behind the terrorist
women and children, were killed or injured, and
organizations. It is for the Security Council to
billions of dollars in property were lost.
decide whether force may be used against
Immediately after the incident, Ali Baba, specific states and under what conditions the
speaking through its leader Bin Derdandat, force may be used.
admitted and owned responsibility for the
bombing of ITT, saying that it was done to Use of Force; Self-Defense; Waging
pressure Country Y to release captured War (1998)
members of the terrorist group. Ali Baba
No XIV. At the Nuremberg trial of the Nazi war
threatened to repeat its terrorist acts against
criminals at the end of the World War II. the
Country Y if the latter and its allies failed to
defense argued on behalf of the German
accede to Ali Baba's demands. In response,
defendants that although a nation could not
Country Y demanded that Country X surrender and
wage aggressive war without transgressing
deliver Bin Derdandat to the government
International law, it could use war as an
authorities of Country Y for the purpose of trial and
Instrument of self-defense, and that the nation
"in the name of justice." Country X refused to
itself must be the sole judge of whether its
accede to the demand of Country Y.
actions were in self-defense. How would you
What action or actions can Country Y meet the argument if you were a member of the
legally take against Ali Baba and Country X to Tribunal trying the case? [5%]
stop the terrorist activities of Ali Baba and
SUGGESTED ANSWER:
dissuade Country X from harboring and giving
protection to the terrorist organization? Support your No rule of International law gives a state
answer with reasons. (5%) resorting to war allegedly in self-defense the
FIRST ALTERNATIVE ANSWER: right to determine with a legally conclusive
effect the legality of such action.
(1) Country Y may exercise the right of
The Judgment of the Nuremberg
self-defense, as provided under Article 51 of the UN
Charter "until the Security Council has taken International Military Tribunal rejected the
measure necessary to maintain defense of the Nazi war criminals:
international peace and security". Self-defense "But whether action taken under the
enables Country Y to use force against Country X claim of self-defense was in fact aggressive or
as well as against the Ali Baba organization. defensive must ultimately be subject to
investigation and adjudication if operations by air, sea, or land forces of
international law is ever to be enforced." members of the UN.
ALTERNATIVE ANSWER: 2. Under art. 51 member states also have the
inherent right of collective self defense if an
International law on self-defense cannot
armed attack occurs against a
assume the nature of war. War requires "a
declaration of war giving reasons" under the member state, until the Security Council
Hague Convention II of 1907. Precisely, the has taken measures necessary to
Nazi war criminalwere indicted before the maintain international peace and security.
Nuremberg Tribunal for violating
this Convention and were found guilty. War; Combatants/ Prisoners of War vs.
Since the Nazi war criminal argued that Mercenaries (1993)
war as self-defense is understood by them No. 3: Reden, Jolan and Andy. Filipino tourists,
as meaning "that the nation itself must be the were in Bosnia-Herzegovina when hostilities
sole Judge of whether its action were in erupted between the Serbs and the Moslems.
self- defense", it is clear that what they had in Penniless and caught in the crossfire, Reden,
mind in fact is "war as an instrument of Jolan, and Andy, being retired generals, offered their
national policy", not self-defense as an services to the Moslems for a handsome, salary,
objective right under International law. which offer was accepted. When the Serbian
Waging was as an instrument National Guard approached Sarajevo, the
of national law is prohibited by the Pact of Moslem civilian population spontaneously took up
Paris of 1928 (Kellog - Braid Part) of which arms to resist the invading troops. Not finding time
Germany was already a state party before to organize, the Moslems wore armbands to
the Second World War. Precisely, the identify themselves, vowing to observe the
German Reich was indicted before the laws and customs of war. The three Filipinos
Nuremberg Tribunal for violation of the fought side by side with the Moslems. The
Pact of Paris and the Nazi war criminals Serbs prevailed resulting in the capture of Reden,
were found guilty of this as a war crime. Jolan and Andy, and part of the civilian fighting
Hence, the argument is itself an admission force.
of violation of international law. 1) Are Reden, Jolan and Andy considered
combatants thus entitled to treatment
Use of Force; When allowed (1988) as prisoners of war?
1. The Charter of the United Nations prohibits not 2) Are the captured civilians likewise prisoners
only recourse to war but also resort to the use of war?
of force or threat. In the ardent desire to
ANSWER:
maintain peace, the Charter obliges members to
settle their international disputes by peaceful means 1) Reden, Jolan and Andy are not combatants
and to refrain in their international relations and are not entitled to treatment as prisoners of
from the threat or use of force. The war, because they are mercenaries. Article
same Charter, however, recognizing perhaps 47 of the Protocol I to the Geneva Conventions
the realities of international relations, allows the of 1949 provides:
use of force in exceptional occasions. "A Mercenary shall not have the right to
be combatant or a prisoner of war."
Please state two occasions when the use Pursuant to Article 47 of Protocol I of
of armed forces is allowed by the U.N. Charter. the Geneva Conventions of 1949, Reden,
SUGGESTED ANSWER: Jolan, and Andy are mercenaries, because they
were recruited to fight in an armed conflict, they in
1. Under art. 42 of the UN Charter, should the
fact took direct part in the hostilities, they were
Security Council consider that pacific
motivated to take part in the hostilities
methods of settling disputes are
essentially by the desire for private gain and in fact
inadequate, it may take such action by air, was promised a handsome salary by the
sea, or land forces as may be necessary to Moslems, they were neither nationals of a party to
maintain or restore international peace and the conflict nor residents of territory
security. Such action may include controlled by a party to the conflict, they are not
demonstrations, blockade, and other members of the armed forces of a party to the

conflict, and they were not sent by a state B. Section 40 of the Civil Service Decree has
which is not a party to the conflict on been repealed by Republic Act No. 6654. As
official duty as members of its armed forces. lawyer of Jose Tapulan, I will file a petition for
mandamus to compel his reinstatement. In
2) The captured civilians are prisoners of war.
accordance with the ruling in Mangubat us.
Under Article 4 of the Geneva Convention
Osmena, G.R No. L-12837, April 30, 1959, 105 Phil.
relative to the Treatment of Prisoners of War,
1308, there is no need to exhaust all
inhabitants of a non-occupied territory, who on
administrative remedies by appealing to the
the approach of the enemy spontaneously take up
arms to resist the invading forces, without Civil Service Commission, since the act of the
having had time to form themselves into regular governor is patently Illegal.
armed forces, provided they carry arms openly and
respect the laws and customs of war, are
Admin Law; Exhaustion of Administrative
considered prisoners of war if they fall into the
power of the enemy. Remedies (2000)
No XIII.
Wilson doctrine vs. Estrada doctrine (2004) a) Explain the doctrine of exhaustion of
(2-a-5) Distinguish: The Wilson doctrine and
administrative remedies. (2%)
the Estrada doctrine regarding recognition of
governments. b) Give at least three (3) exceptions to
its application. (3%)
Under the WILSON DOCTRINE,
recognition shall not be extended to any A.) The doctrine of exhaustion of administrative
government established by revolution or remedies means that when an adequate
internal violence until the freely elected remedy is available within the Executive
representatives of the people have Department, a litigant must first exhaust this
organized a constitutional government. remedy before he can resort to the courts. The
purpose of the doctrine is to enable the
Under the ESTRADA DOCTRINE, the Mexican administrative agencies to correct themselves if
government declared that it would, as it saw fit, they have committed an error. (Rosales v.
continue or terminate its diplomatic relations with Court of Appeals, 165 SCRA 344 [19881)
any country in which a political upheaval had
taken place and in so doing it would not
pronounce judgment on the right of the foreign state B.) The following are the exceptions to the
to accept, maintain or replace its application of the doctrine of exhaustion
government. (Cruz, International Law, 2003 ed.) (In of administrative remedies:
view of recent developments, the Wilson doctrine 1. The question involved is purely legal;
and the Estrada doctrine are no longer in the
mainstream of public international law.) 2. The administrative body is in estoppel;
3. The act complained of is patently illegal;
ADMINISTRATIVE LAW
4. There is an urgent need for Judicial
Remedies (1991) intervention;
No. 9: B, For being notoriously undesirable 5. The claim involved is small;
and a recidivist, Jose Tapulan, an employee in the 6. Grave and irreparable injury will
first level of the career service in the Office of the be suffered;
Provincial Governor of Masbate, was dismissed
7. There is no other plain, speedy and
by the Governor without formal investigation
pursuant to Section 40 of the Civil Service Decree adequate remedy;
(P.D. No. 807} which authorizes summary 8. Strong public interest is involved;
proceedings in such cases.
9. The subject of the controversy is private
As a lawyer of Jose what steps, if any, law;
would you take to protect his rights? 10. The case involves a quo warranto
SUGGESTED ANSWER; proceeding (Sunville Timber Products,
Inc. v. Abad. 206 SCRA 482 {1992);

11. The party was denied due jurisdiction applies where a case is within the
process (Samahang Magbubukid ng concurrent jurisdiction of the court and an
Kapdula, Inc. v. Court of Appeals, 305 administrative agency but the determination of
SCRA 147 [1999]); the case requires the technical expertise of the
12. The decision is that of a Department administrative agency. In such a case, although the
Secretary. (Nazareno v. Court of matter is within the jurisdiction of the court, it must
Appeals, G.R. No. 131641, February yield to the jurisdiction of the
administrative case.
23. 2000);
2) No, the failure to exhaust
13. Resort to administrative remedies would be
administrative remedies before filing a case in
futile (University of the Philippines Board
court does not oust the court of jurisdiction to
of Regents v. Rasul 200 SCRA
hear the case. As held in Rosario vs. Court of
685 [1991]);
Appeals, 211 SCRA 384, the failure to exhaust
14. There is unreasonable delay administrative remedies does not affect the
(Republic v, Sandiganbayan, 301 SCRA jurisdiction of the court but results in the lack of a
237 [1999]); cause of action, because a condition
15. "The action involves recovery of precedent that must be satisfied before action
physical possession of public land can be filed was not fulfilled.
(Gabrito u. Court of Appeals, 167 SCRA
771 {1988]); Admin Law; Exhaustion of Administrative
16. The party is poor (Sabello v. Remedies; Exceptions (1991)
Department of Education, Culture and No. 8: On the basis of a verified report and
Sports, 180 SCRA 623 [1989]); and confidential information that various electronic
17. The law provides for immediate equipment, which were illegally imported into the
resort to the court (Rulian v Valdez, 12 Philippines, were found in the bodega of the Tikasan
SCRA 501 [1964]). Corporation located at 1002 Binakayan St., Cebu
City, the Collector of Customs of Cebu issued, in
{Note: The examinee should be
the morning of 2 January 1988, a Warrant of
given full credit if he gives three of the
Seizure and Detention against the corporation for
above- mentioned exceptions.} the seizure of the electronic equipment. The
warrant particularly describes the electronic
equipment and specifies the provisions of the
Tariff and Customs Code which were violated by
Remedies vs Doctrine of
the importation.
Primary Jurisdiction (1996)
The warrant was served and
No. 11: 1) Distinguish the doctrine of primary implemented in the afternoon of 2 January 1988 by
jurisdiction from the doctrine of exhaustion Customs policemen who then seized the
of administrative remedies. described equipment. The inventory of the
2) Does the failure to seized articles was signed by the Secretary of
exhaust administrative remedies before filing the Tikasan Corporation. The following day, a
a case in court oust said court of hearing officer in the Office of the Collector of
jurisdiction to hear the case? Explain. Customs conducted a hearing on the
confiscation of the equipment.
SUGGESTED ANSWER;
Two days thereafter, the corporation
1) The doctrine of primary jurisdiction
filed with the Supreme Court a petition for
and the doctrine of exhaustion of administrative
certiorari, prohibition and mandamus to set
remedies both deal with the proper
aside the warrant, enjoin the Collector and his
relationships between the courts and
agents from further proceeding with the
administrative agencies. The doctrine of
forfeiture hearing and to secure the return of the
exhaustion of administrative remedies applies
confiscated equipment, alleging therein that the
where a claim is cognizable in the first instance by
warrant issued is null and void for the reason
an administrative agency alone. Judicial
that, pursuant to Section 2 of Article III of the
interference is withheld until the administrative
1987 Constitution, only a judge may issue a
process has been completed. As stated in
search warrant. In his comment to the petition, the
Industrial Enterprises, Inc. vs. Court of Appeals, 184
Collector of Customs, through the Office of
SCRA 426. The doctrine of primary
the Solicitor General, contends that he
is authorized under the Tariff and Custom Code
Admin Law; Judicial Review
to order the seizure of the equipment
whose duties and taxes were not paid and of Administrative Action (2001)
that the corporation did not exhaust No XIV Give the two (2) requisites for
administrative remedies. the judicial review of
(a) Should the petition be administrative decision/actions, that is,
when is an administrative action ripe for
granted? Decide.
Judicial review? (5%)
(b) If the Court would sustain the
SUGGESTED ANSWER:
contention of the Collector of Customs on the
matter of exhaustion of administrative The following are the conditions for ripeness for
remedies, what is the administrative remedy judicial review of an administrative action:
available to the corporation? 1. The administrative action has
(c) What are the exceptions to the rule already been fully completed and, therefore,
on exhaustion of administrative remedies? is a final agency action; and
SUGGESTED ANSWER: 2. All administrative remedies have
(a) No. No search warrant from been exhausted. [Gonzales, Administrative
Law, Rex Bookstore: Manila, p. 136 (1979)].
court needed.
(b) As pointed out in Chia us. Acting
Collector of Customs, 177 SCRA 753, the Admin Law; Judicial Review
administrative remedy available under Section of Administrative Decisions (1988)
2313 of the Tariff and Customs Code is to
No. 17: Apex Logging Co. and Batibot Logging Co.
appeal to the Commissioner of Customs, from are adjacent timber concession holders in
whose decision an appeal to the Court of Tax Isabela. Because of boundary conflicts, and
Appeals lies. mutual charges of incursions into their
(c) The following are the exceptions respective concession areas, the Bureau of
to the doctrine of exhaustion of Forestry ordered a survey to establish on the
administrative remedies: ground their common boundary. The Bureau of
Forestry's decision in effect favored Batibot.
1. The case deals with private land;
Apex appealed to the Department of Natural
2. The question involved is purely Resources and Environment and this
legal; department reversed the decision of the Bureau of
Forestry and sustained Apex. It was the turn of
3. The case involves a quo warranto
Batibot to appeal to the Office of the
proceeding; President. The Office of the President through
4. There is denial of due process; an Asst. Executive Secretary sustained the
Department of Natural Resources arid
5. The decision is patently illegal;
Environment. On a motion for reconsideration by
6. The aggrieved party will Batibot, however, an Asst. Executive
suffer irreparable injury; Secretary other than the one who signed the
decision affirming the decision of the
7. There is estoppel;
Department of Natural Resources and
8. Resort to administrative remedies Environment decided for Batibot, Dissatisfied with
would be futile; the Administrative action on the
controversy. Apex filed an action with the
9. The decision is that of
Regional Trial Court against Batibot, the
a department head; Director of Forestry, and the Asst. Executive
10. The law expressly provides for Secretaries insisting that a judicial review of
immediate judicial review; such divergent administrative decisions is
necessary to determine the correct boundary line
11. Public interest is involved;
of the licensed areas in question.
12. There was unreasonable delay Batibot moved to dismiss the action, but the
in the administrative proceedings; and Regional Trial Court denied the same and even
13. The aggrieved party is poor. enjoined enforcement of the decision of

the Office of the President. Batibot's motion for Palace and a long-standing Bureau under the
reconsideration was likewise denied. Department of Interior and Local Governments. The
employees of both offices assailed the action
Batibot then filed a petition for certiorari
of the President for being an
and prohibition to review and annul the
encroachment of legislative powers and thereby
orders of the Regional Trial Court. Do you
void. Was the contention of the employees
believe the petition for certiorari and
correct? Explain.
prohibition is meritorious? Why or why not?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
The contention of the employees is not correct. As
The petition for certiorari and prohibition is
held in Buklod ng Kawaning EHB v. Zamora. 360
meritorious, The order of the trial court must
SCRA 718 [2001], Section 31, Book III of the
accordingly be set aside. As held in a similar
Administrative Code of 1987 has delegated to the
case, Lianga Bay Logging Co. v. Enage, 152
President continuing authority to reorganize
SCRA 80 (1987), decisions of administrative
the administrative structure of the Office of the
officers should not be disturbed by the courts
President to achieve simplicity, economy and
except when the former have acted without or
efficiency. Since this includes the power to
in excess of their jurisdiction or with grave
abolish offices, the President can abolish the
abuse of discretion. The mere suspicion of
Office of the Presidential Spokesman,
Apex that there were anomalies in the provided it is done in good faith. The President
nonrelease of the first "decision" and its can also abolish the Bureau in the Department
substitution of a new one by another Assistant of Interior and Local Governments, provided
Executive Secretary does not justify judicial it is done in good faith because the President
review. Mere beliefs, suspicions and has been granted continuing authority to
conjectures cannot overcome the presumption of reorganize the administrative structure of
regularity of official action. the National Government to effect economy
and promote efficiency, and the powers include the
abolition of government offices. (Presidential
Admin Law; Meaning of “Government of the
Decree No. 1416, as amended by Presidential
Philippines” (1997) Decree No. 1772; Larin v. The Executive
No. 3: Are government-owned or controlled Secretary. 280 SCRA 713 [1997]).
corporations within the scope and meaning of
the "Government of the Philippines"?
SUGGESTED ANSWER: Admin Law; Rules and Regulations; Due
Section 2 of the Introductory Provision of the Process (2000)
Administrative Code of 1987 defines the No III. - The Maritime Industry Authority
government of the Philippines as the corporate (MARINA) issued new rules and regulations
governmental entity through which the functions of governing pilotage services and fees, and the
government are exercised throughout the conduct of pilots in Philippine ports. This it did
Philippines, including, same as the contrary without notice, hearing nor consultation with
appears from the context, the various arms harbor pilots or their associations whose rights
through which political authority is made and activities are to be substantially affected.
effective in the Philippines, whether pertaining to The harbor pilots then filed suit to have the new
the autonomous regions, the provincial, city, MARINA rules and regulations declared
municipal or barangay subdivisions or other unconstitutional for having been issued without due
forms of local government. process. Decide the case. (5%)
Government owned or controlled SUGGESTED ANSWER:
corporation are within the scope and meaning of
the Government of the Philippines if they are The issuance of the new rules and regulations
violated due process. Under Section 9, Chapter II,
performing governmental or political functions.
Book VII of the Administrative Code of 1987, as far
as practicable, before adopting proposed rules, an
Admin Law; Power of the President to administrative agency should publish or circulate
Reorganize Administrative Structure (2003) notices of the proposed rules and afford
interested parties the opportunity to submit
No VI - The President abolished the Office of
their views; and in the fixing of rates, no rule shall
the Presidential Spokesman in Malacanang be valid unless the proposed rates
shall have been published in a newspaper of intents and purposes. A distinction,
general circulation at least two weeks before the however, may be made with respect
first hearing on them. In accordance with this to those entities possessing a
provision, in Commissioner of Internal separate charter created by statute.
Revenue v CA, 261 SCRA 236 (1996), it was a. DPWH is an agency. It does not
held that when an administrative rule possess a separate charter.
substantially increases the burden of those b. BSP is an instrumentality because it
directly affected, they should be accorded the was incorporated under the new
chance to be heard before its issuance. Central Bank Law (R.A. No. 7653)
ALTERNATIVE ANSWER: c. PPA can be defined as both
an instrumentality and an
Submission of the rule to the University of the agency because it was
Philippines Law Center for publication is incorporated by special law and
mandatory. Unless this requirement is complied it has its own charter, yet it is
with, the rule cannot be enforced. integrated with the DOTC.
d. LTO is an agency. It is an office
Government Agency vs. Government of the DOTC.
Instrumentality (Q7-2005) e. LBP is an instrumentality having a
(3) State with reason(s) which of the charter under a special law and is a
following is a government agency or a government financial institution
government instrumentality: (GFI) independent of any
a. Department of Public Works department of government.
and Highways;
b. Bangko Sentral ng Pilipinas; Quasi-Judicial Body or Agency (Q5-2006)
c. Philippine Ports Authority; 3. What is a quasi-judicial body or
d. Land Transportation Office; agency? (2.5%)
e. Land Bank of the Philippines. (5%) SUGGESTED ANSWER:
A quasi-judicial body or agency is an
SUGGESTED ANSWER: An administrative body with the power to hear,
INSTRUMENTALITY refers to any determine or ascertain facts and decide
agency of the national government not rights, duties and obligations of the parties
integrated within the departmental by the application of rules to the
framework, vested with special ascertained facts. By this power, quasi-
functions or jurisdiction by law, with judicial agencies are enabled to interpret
some if not all corporate powers, and apply implementing rules and
administering special funds, and regulations promulgated by them and laws
enjoying operational autonomy, usually entrusted to their administration.
through a charter. (Iron and Steel
Authority v. Court of Appeals, G.R. No.
102976, October 25, 1995)
AGENCY under the administrative code is

any department, bureau, office,
commission, authority or officer of the
national government, authorized by law or
executive order to make rules, issue
licenses, grant rights or privileges, and
adjudicate cases; research institutions
with respect to licensing functions;
government corporations with respect to
functions regulating private rights,
privileges, occupation or business, and
officials in the exercise of the
disciplinary powers as provided by law.
There is NO PRACTICAL
DISTINCTION between an
instrumentality and agency, for all

Political Law: Suggested Answers To Bar Examination

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SUGGESTED ANSWERS

From the ANSWERS TO BAR EXAMINATION

in heaven. It is also very good karma.

lot of typographical errors in this work.

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 14

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 15

Exclusive Economic Zone; Rights of Territory & Government (1996)

v. Ruiz, U.S. v. Guinto)

State Immunity from Suit (1999)

2.) Consent of the State to be sued may be

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 24

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 38

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 40

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 43

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 45

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 46

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 49

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 52

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 55

ALTERNATIVE ANSWER: Rights of the Accused; Presumption of

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 57

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 58

SUGGESTED ANSWER: At the initial hearing of the administrative

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 62

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 63

Searches and Seizures; Warrants of ARTICLE IV Citizenship

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 74

Electoral Tribunal; Senate; Jurisdiction Section 4, Article XVIII of the Constitution

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 82

Multi-Party System (1999) Non-Legislative Powers; Emergency

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 83

Qualifications; Congressmen; (1999) Separation of Powers (1988)

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 90

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 94

Pardoning Power; Amnesty (1993) Pardoning Power; Breach of Condition;

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 95

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 96

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 99

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 101

If the projected lawsuit will be based on Jurisdiction of HLURB (1993)

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 106

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 107

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 108

ARTICLE IX Constitutional The career service includes:

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 109

SUGGESTED ANSWER: Election Protest (1990)

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 117

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 118

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 119

A loser may still bring an election contest (B) ELECTION CONTESTS

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2.) Under Section 118(d) of the Devolution of Power (1999)

Discipline; Clemency; Doctrine of

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ALTERNATIVE ANSWER: SUGGESTED ANSWER:

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(b) Can the CHR issue an "order to desist"

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Education; Academic Freedom (1989)

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Education; Teaching of Religion (1999) ARTICLE XVI General

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