ARTICLE VI Legislative Department: Political Law Q&As (2007-2013)

Political Law Q&As (2007-2013) hectorchristopher@yahoo.
com JayArhSals
in cases before labor tribunals and before

employers because of the influence a
ARTICLE VI Legislative congressman can wield, filed a disbarment
Department case against the Congressman before the

Supreme Court for his violation of the Code
Discipline; Members of Congress (2013) of Professional Responsibility and for
breach of trust, in relation particularly with
No. XII. In the May 2013 elections, the the prohibitions on legislators under the
Allied Workers' Group of the Philippines Constitution.
(AWGP), representing land-based and sea-
based workers in the Philippines and Is the cited ground for disbarment
overseas, won in the party list meritorious? (6%)
congressional elections. Atty. Abling, a
labor lawyer, is its nominee. SUGGESTED ANSWER:
As part of the party's advocacy and Being a congressman, Atty. Abling is
services, Congressman Abling engages in disqualified under Article VI, Section 14

labor counseling, particularly for local of the 1987 Constitution from personally
workers with claims against their employers appearing as counsel before quasi-
and for those who need representation in judicial and other administrative bodies
collective bargaining negotiations with handling labor cases constitutes
employers. When labor cases arise, AWGP personal appearance before them (Puyat
enters its appearance in representation of vs. De Guzman, 135 SCRA 33). His
the workers and the Congressman makes it involvement in collective bargaining

a point to be there to accompany the negotiations also involves practice of
workers, although a retained counsel also law, because he is making use of his
formally enters his appearance and is knowledge for the benefit of others
invariably there. Congressman Abling (Cayetano vs. Monsod, 201 SCRA 210).
largely takes a passive role in the The Bureau of Labor Relations is
proceedings although he occasionally involved in collective bargaining
speaks to supplement the retained negotiations (Article 250 of the Labor
counsel's statements. It is otherwise in CBA Code).
negotiations where he actively participates.

Atty. Abling should not be disbarred but
Management lawyers, feeling that a should be merely suspended from the
congressman should not actively participate practice of law. Suspension is the
appropriate penalty for involvement in
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 44 of 168
Political Law Q&As (2007-2013) hectorchristopher@yahoo.com JayArhSals
the unlawful practice of law (Tapay vs. The general rule is that an
Bancolo, 694 SCAR 1). unconstitutional law is void. It produces
no rights, imposes no duties and affords
ALTERNATIVE ANSWER: no protection. However, the doctrine of
operative fact is an exception to the
No, Congressman Abling cannot be
general rule and it only applies as a
disbarred. A retained counsel formally
matter of equity and fair play.
appears for AWGP. His role is largely
passive and cannot be considered as Under the doctrine of operative fact, the
personal appearance. His participation in unconstitutional law remains
the collective bargaining negotiations unconstitutional, but the effects of the
does not entail personal appearance unconstitutional law, prior to its judicial
before an administrative body (Article VI, declaration of nullity, may be left
Section 13 of the 1987 Constitution). undisturbed as a matter of equity and
fair play.
ALTERNATIVE ANSWER:
It can never be invoked to validate as
No, the ground for disbarment is not constitutional an unconstitutional act.
meritorious. The Supreme Court said
that the determination of the acts which
constitute disorderly behavior is within Doctrine of Necessary Implication; Hold-
the discretionary authority of the House over (2010)
concerned, and the Court will not review
No.XX. Define/Explain
such determination, the same being a
political question (Osmeña v. Pendatun, (d) Doctrine of necessary implication
109 Phil 863). SUGGESTED ANSWER:
DOCTRINE OF NECESSARY
Doctrine of Operative Fact (2010) IMPLICATION
No. XX. Define/Explain provides that every statute is

understood, by implication, to contain
(a) Doctrine of operative facts
all such provisions as may be necessary
SUGGESTED ANSWER: to effectuate its object and purpose, or
to make effective rights, powers,
DOCTRINE OF OPERATIVE FACTS –
privileges or jurisdiction which it grants,
including all such collateral and
Page 45 of 168
subsidiary consequences as may be fairly SUGGESTED ANSWER

and logically inferred from its terms. Ex
necessitate legis. (Pepsi-Cola Products The Supreme Court has no jurisdiction
Philippines, Inc. v. Secretary of Labor, over the petition. The Presidential
312 SCRA 104, 117 [1999]). Electoral Tribunal is not simply an

agency to which the Members of the
(e) Principle of holdover Senate Court were assigned. It is not
SUGGESTED ANSWER: separate from the Supreme Court.
(Macalintal vs. Presidential Electoral
PRINCIPLE OF HOLDOVER
Tribunal, 631 SCRA 239.)
provides that an incumbent officer or
official may remain in office and (b) Would the answer in (a.) be the same if
continue performing his functions Yellow and Orange were contending for a
beyond his tenure or term until his senatorial slot and it was the Senate
successor has been elected and qualified. Electoral Tribunal (SET) who issued the
challenged ruling? (3%)
SUGGESTED ANSWER
Electoral Tribunal; SET; PET
Jurisdiction (2012)
The Supreme Court would have
jurisdiction if it were the Senate
No. IV. Mr. Yellow and Mr. Orange were the
Electoral Tribunal who issued the
leading candidates in the vice-presidential
challenged ruling. The Supreme Court
elections. After elections, Yellow emerged as
can review its decision if it acted with
the winner by a slim margin of 100,000
grave abuse of discretion. (Lerias vs.
votes. Undaunted, Orange filed a protest
House of Representatives Electoral
with the Presidential Electoral Tribunal
Tribunal, 202 SCRA 808.)
(PET). After due consideration of the facts
and the issues, the PET ruled that Orange
was the real winner of the elections and
ordered his immediate proclamation. Investigations in Aid of Legislation
(2009)
(a) Aggrieved, Yellow filed with the Supreme
No. VIII. Congressman Nonoy delivered a
Court a Petition for Certiorari challenging
privilege speech charging the
the decision of the PET alleging grave abuse
Intercontinental Universal Bank (IUB) with
of discretion. Does the Supreme Court have
the sale of unregistered foreign securities,
jurisdiction? Explain. (3%)
in violation of RA no. 8799. He then filed,
Page 46 of 168
and the House of Representatives provided that there is an explicit subject

unanimously approved, a resolution and nature of the inquiry. Since
directing the House Committee on Good legislative inquiry is an essential part of
Government (HCGG) to conduct an inquiry legislative power, it cannot be made
on the matter, in aid of legislation, in order subordinate to criminal and civil actions.
to prevent the recurrence of any similar Otherwise, it would be very easy to
fraudulent activity. subvert any investigation in aid of
legislation through the convenient ploy
HCGG immediately scheduled a hearing
of instituting civil and criminal actions
and invited the responsible officials of IUB,
(Standard Chartered Bank [Philippine
the chairman and Commissioners of the
Branch] vs, Senate Committee on banks,
SEC and the Governor of the BSP. On the
Financial Institutions and Currencies,
date set for the hearing, only the SEC
541 SCRA 456 [2007]).
commissioners appeared, prompting
Congressman Nonoy to move for the ALTERNATIVE ANSWER:
issuance of the appropriate subpoena ad
Yes, legislative inquiry would preempt
testificandum to compel the attendance of
judicial action. In one case, the Supreme
the invited resource persons.
Court did not allow the Committee to
The IUB officials filed suit to prohibit HCGG continue with the legislative inquiry
from proceeding with the inquiry and to because it was not in aid of legislation
quash the subpoena, raising the following but in aid of prosecution. It holds that
arguments: there will be a violation of separation of
powers and the possibility of conflicting
(a) The subject of the legislative
judgment.
investigation is also the subject of the
criminal and civil actions pending before The Subjudice rule restricts comments
the courts and the prosecutor’s office; thus, and disclosures pertaining to judicial
the legislative inquiry would preempt proceedings to avoid prejudicing the
judicial action; issue, influencing the court, or
SUGGESTED ANSWER: obstructing the administrations of
justice.
The argument is untenable, the mere
filing of a criminal or an administrative (b) Compelling the IUB officials, who are
complaint before the court of quasi- also respondents in the criminal and civil
judicial body should not automatically cases in court, to testify at the inquiry
bar the conduct of legislative inquiry
Page 47 of 168
would violate their constitutional right Investigations in Aid of Legislation;

against self-incrimination. (3%) Executive Privilege (2010)
No. XVIII. The House Committee on

Are the foregoing arguments tenable?
Appropriations conducted an inquiry in aid
Decide with reasons.
of legislation into alleged irregular and
SUGGESTED ANSWER:
anomalous disbursements of the
Congress can compel them to appear. Countrywide Development Fund (CDF) and
Persons under legislative investigation Congressional Initiative Allocation (CIA) as
are not being indicted as accused in a exposed by X, a division chief of the
criminal proceeding but are merely Department of Budget and Management
summoned as resource persons, or (DBM). Implicated in the questionable
witnesses, in a legislative inquiry. Hence disbursements are high officials of the
they cannot on the ground of their right Palace. The house committee summoned X
against self-incrimination, altogether and the DBM Secretary to appear and
decline appearing before the Congress, testify. X refused to appear, while the
although they may invoke the privilege Secretary appeared but refused to testify
when a question calling for an invoking executive privilege.
incriminating answer is propounded
(a) May X be compelled to appear and
(Standard Chartered Bank [Philippine
testify? If yes, what sanction may be
Branch] vs, Senate Committee on banks,
imposed on him?
Financial Institutions and Currencies,
SUGGESTED ANSWER:
541 SCRA 456 [2007]).
YES. Individuals invited to a legislative
(c) May the Governor of the BSP validly
inquiry can be anybody whether an
invoke executive privilege and thus, refuse
executive head or not. The inquiry is in
to attend the legislative inquiry? Why or
aid of legislation which is to elicit
why not?
information useful for legislation not for
SUGGESTED ANSWER:
prosecution or persecution. The
No. the Governor cannot invoke attendance of the resource person is
executive privilege. Only the President mandatory and can be compelled
as a general rule can invoke executive through compulsory processes. Only the
privilege (Senate of the Philippines vs. President or the Executive Secretary by
Ermita, 488 SCRA 1 [2006]). order of the President can invoke
executive privilege (Senate of Philippines
vs. Ermita, 488 SCRA 13 [2006]).
Page 48 of 168
He may be cited for contempt if he fails the memorial site. The charter set the
to attend. corporate life of MWMC at 50 years with a
proviso that Congress may not abolish
(b) Is the Budget Secretary shielded by
MWMC until after the completion of the
executive privilege from responding to the
memorial.
inquiries of the House Committee? Explain
Briefly. If the answer is no, is there any Forty-five (45) years later, the memorial was
sanction that may be imposed on him? only 1/3 complete, and the memorial site
SUGGESTED ANSWER: itself had long been overrun by squatters.
Congress enacted a law abolishing the
NO, executive privilege is granted to the
MWMC and requiring that the funds raised
President himself not to anybody else. It
by it be remitted to the National Treasury.
is the president who shall invoke the
The MWMC challenged the validity of the
privilege. The inquiry is in aid of
law arguing that under its charter its
legislation and neither the President nor
mandate is to complete the memorial no
Executive Secretary by order of the
matter how long it takes. Decide with
President invoke executive privilege
reasons. (6%).
(Senate of the Philippines vs. Ermita,
438 SCRA 1 [2006]). SUGGESTED ANSWER:
Citation for contempt can be imposed. The law abolishing the MWMC is valid.
Within the plenary powers of the
Congress, it can create as well as destroy
Law-Making; Abolish; Destroy (2008) what is created after determination its
purpose could no longer be attained by
No.XIV. In 1963, Congress passed a law
subsequent circumstances. The power to
creating a government-owned corporation
create also carries with it the power to
named Manila War Memorial Commission
destroy so long as it was done in good
(MWMC), with the primary function of
faith and consistent with the purpose of
overseeing the construction of a massive
promoting the general welfare.
memorial in the heart of Manila to
commemorate victims of the 1945 Battle of
Manila.
Law-Making; Admission to the Bar (2009)
The MWMC charter provided an initial
No.I.d. A law fixing the passing grade in the
appropriation of P1,000,000 empowered the
Bar examinations at 70%, with no grade
corporation to raise funds in its own name,
and set aside a parcel of land in Malate for
Page 49 of 168
lower than 40% in any subject is industrial estates in the southern Tagalog
constitutional. Region to attract investors. The plan
SUGGESTED ANSWER: included an appropriation of 2 billion pesos
for construction of roads around the
FALSE. Congress cannot enact a law
estates. When the bill finally became law, a
regulating the admission to the legal
civil society watchdog questioned the
profession. It is within the power of the
constitutionality of the law as it obviously
Supreme Court to promulgate rules
benefited Congresswoman A’s industrial
concerning the admission to the legal
estate. Decide with reasons (3%)
profession. The present Constitution has
taken away the power of Congress to SUGGESTED ANSWER:
alter the Rules of Court (Echegaray vs.
The law is a valid exercise of police
Secretary of Justice, 301 SCRA 96
power although it may indirectly
[1999]). The law will violate the principle
benefited a Congresswoman but the
of separation of powers.
purpose of the law to provide a 5-year
ALTERNATIVE ANSWER: plant for all industrial estates is
reasonable thus, it conform to the twin
TRUE. Deliberations in ConCon reveal
requisite of lawful subject and lawful
that Congress retains the power to
means for a valid exercise police power.
amend or alter the rules because the
power to promulgate rules is essentially However, the congresswoman could be
legislative even though the power has sanctioned by the House of
been deleted in the 1987 Constitution. If Representative for failure to notify the
the law, however, is retroactive, it is House of a potential conflict of interest
unconstitutional because it is in the filing of the proposed legislation
prejudicial. of which they author.
ALTERNATIVE ANSWER:
Law-Making; Conflict of Interest (2010) The law is constitutional. Section 12,

Article VI of the Constitution does not
No. V. Congresswoman A is a co-owner of
prohibit the enactment of a law which
an industrial estate in Sta. Rosa, Laguna
will benefit the business interests of a
which she had declared in her Statement of
member of the Senate or the House of
Assets and liabilities. A member of her
Representatives. It only requires that if
political party authored a bill which would
the member of Congress whose business
provide a 5-year development plant for all
interests will be benefited by the law is
Page 50 of 168
the one who will file the bill, he should nationwide. A financial assistance scheme
notify the House concerned of the called “conditional cash transfers” was
potential conflict of interest. initially funded 500 million pesos by
Congress. One of the provisions of the law
gave the joint-congressional oversight
Law-Making; Item vs. Pocket Veto (2010) committee authority to screen the list of
beneficiary families initially determined by
No. XXVI. Distinguish between pocket veto
the Secretary of Department of Social
and item veto
Welfare and Development pursuant to the
SUGGESTED ANSWER: Department implementing rules. Mang

Pandoy, a resident of Smokey Mountain in
An item veto refers to the veto made by Tondo, questioned the authority of the
the president but not the entire bill is Committee.
vetoed but only a specific items.
Generally item veto is not allowed but (b) Is the grant of authority to the
the constitution permits item veto on Oversight Committee to screen beneficiaries
revenue, tariff, and appropriation bill. constitutional? Decide with Reasons.
And although it is not a appropriation,

SUGGESTED ANSWER:
tariff or revenue bill an item veto is still
allowed for inappropriate provision in The grant of authority to the oversight
the bill. Committee to screen beneficiaries is

unconstitutional. It violates the
A pocket veto occurs when the President
principle of separation of powers. By
fails to act on the bill and did not return
being involved in the implementation of
the bill to Congress because the latter is
the law, the Oversight Committee will be
not in session. In the Philippines pocket
exercising executive power. (Abakada
veto is not applicable because a bill will
Guro Party List vs. Purisima, 562 SCRA
pass into law if remain inacted within 30
251 [2008]).
days from receipt thereof.
ALTERNATIVE ANSWER:
NO. True that the Oversight power of

Law-Making; Oversight Committee
congress is to scrutinize, investigate,
(2010)
and supervise that the laws that it
No.VI. The Poverty Alleviation and enacted is fully implemented. But to
Assistance Act was passed to enhance the secure authority to screen beneficiaries
capacity of the most marginalized families is an unfair interference with the
Page 51 of 168
personal liberty or property of of the total valid votes cast for the party-list
individual. It is more of an intrusion system are "qualified" to have a seat in the
than an overseeing. House of Representatives;
SUGGESTED ANSWER:
R.A. No. 7941. This is to ensure that the
Party-list Representative; Formula party-list organizations at least

allocation (2007) represents a significant portion of those
voting for the party-list system – that
The Supreme Court has provided a formula
they at least have a substantial
for allocating seats for party-list constituency which must, at the
representatives. For each of these rules,
minimum, not be less than two percent
state the constitutional or legal basis, if
(2%) of the total number of those casting
any, and the purpose. their votes for party-list organizations.
(a) The twenty percent allocation - the

(c) The three-seat limit - each qualified
combined number of all party-Iist party, regardless of the number of votes it
congressmen shall not exceed twenty
actually obtained, is entitled to a maximum
percent of the total membership of the
of three seats; that is, one "qualifying" and
House of Representatives, including those
two additional seats; and
elected under the party list;
SUGGESTED ANSWER:
SUGGESTED ANSWER: R.A. No. 7941. This is to prevent any
Section 5(2), Article VI of the
dominant party-list organization from
Constitution, as implemented by R.A.
having a monopoly of the seats for the
No. 7941. The purpose is to assure that
party-list system. Since the objective of
there will be at least a guaranteed
the party-list system is to enable other
portion of the House of Representatives
groups who might otherwise have
reserved for the party-list members. The difficulty getting to Congress through
legislative policy is to promote the
the traditional system of elections, then
election of party-list representatives in
the system developed to accommodate
order to enable Filipinos belonging to
them must be fair and equitable enough
the marginalized and underrepresented
to afford better odds to as many groups
sectors to contribute legislation that as possible.
would benefit them.
(d) The first-party rule - additional seats

(b) The two percent threshold - only those
which a qualified party is entitled to shall
parties garnering a minimum of two percent
be determined in relation to the total
Page 52 of 168
number of votes garnered by the party with KABAKA. Rudy seeks to register KABAKA
the highest number of votes. as a party-list with himself as a nominee of
SUGGESTED ANSWER: the coalition. Will KABAKA and Rudy be
R.A. No. 7941. The party-list system is qualified as a party-list and a nominee,
predicated, among others, on respectively? Decide with reasons.
proportional representation. Thus, there
SUGGESTED ANSWER:
is need to reflect the same in relation to
the total number of votes obtained. NO, Kabaka and Rudy will not be
Accordingly, the first party must not be qualified as party-list and nominee
placed on the same footing as the others because KABAKA is a partner of Dutch
who obtained less votes. The votes Foreign Ministry a foreign based
obtained by first placer would be the organization. KABAKA is indirectly
reckoning point for the computation of receiving support from Dutch Ministry.
additional seats or members for the It is therefore disqualified to be
remaining organizations who got at least registered as a party-list. (Section2(5),
two percent (2%) of the votes cast for Article IX-C of the Constitution).
the party-list system. (Veterans
Under the law, the following are grounds
Federation Party v. COMELEC, G.R. No.
for disqualification for registration in the
136781, October 6, 2000).
party-list system:
1. It is a religious sect or
Party-List; Foreign Funding (2010)
denomination, organization or
No. XVI. Rudy Domingo, 38 years old, association organized for religious
natural-born Filipino and a resident of the purposes;
Philippines since birth, is a Manila-based 2. It advocates violence or unlawful
entrepreneur who runs KABAKA, a coalition means to seek its goal;
of people’s organizations from fisherfolk 3. It is a foreign party or
communities. KABAKA’s operations consist organization;
of empowering fisherfolk leaders through 4. It is receiving support from any
livelihood projects and trainings on good foreign government, foreign
governance. The Dutch Foundation for political party, foundation,
Global Initiatives, a private organization organization, whether directly or
registered in the Netherlands, receives a through any of its officers or
huge subsidy from the Dutch Foreign members or indirectly through
Ministry, which, in turn is allocated
worldwide to the Foundation’s partners like
Page 53 of 168
third parties for partisan election Should the petition be granted? (5%)
purposes;
5. It violates or fails to comply with SUGGESTED ANSWER:
laws, rules or regulations relating

No, the petition should not be granted.
to elections;
The clear and expressed intent of the
6. It declares untruthful statements heads of the
framers of the 1987 Constitution is to
in its petition; executive
exclude presidential appointments from departments,
7. It has ceased to exist for at least ambassadors,
confirmation on the Commission on other public
one (1) year; or ministers and
Appointments except appointments to consuls, or
It fails to participate in the last two (2) officers of the
offices expressly mentioned in the firstarmed forces from
preceding elections or fails to obtain at
sentence of Section 16, Article VII of the the rank of
least two percentum (2%) of the votes colonel or naval
1987 Constitution (Sarmiento III v.captain, and other
cast under the party-list system in the officers whose
Mison, 159 SCRA 549). Since theappointments are
two (2) preceding elections for the vested in him in
appointment of an acting secretary isthis Constitution
constituency in which it has registered.”
not included under the first sentence of
Section 16, Article VII of the 1987
Constitution, it is no longer subject to
ARTICLE VII Executive confirmation by the Commission on
Department Appointments.
Appointing Power; Acting Appointments

(2013)
Appointing Power; Ad-Interim
Appointments (2010)
No.II. While Congress was in session, the
President appointed eight acting No. XXIII. A was a career Ambassador when
Secretaries. A group of Senators from the he accepted an ad interim appointment as
minority bloc questioned the validity of the Cabinet Member. The Commission on
appointments in a petition before the Appointments bypassed his ad interim
Supreme Court on the ground that while appointment, however, and he was not re-
Congress is in session, no appointment that appointed. Can he re-assume his position
requires confirmation by the Commission as career ambassador?
on Appointments, can be made without the
latter's consent, and that an undersecretary SUGGESTED ANSWER:
should instead be designated as Acting

The career Ambassador cannot re-
Secretary.
assume his position as career
Page 54 of 168
Ambassador. His ad interim appointment and agencies, including government-owned

as Cabinet Member was a permanent or controlled corporations
appointment (Summers vs. Ozaeta, 81 SUGGESTED ANSWER:
Phil. 754 [1948]). He abandoned his
TRUE. The president exercises the power
position as Ambassador when he
of control over all executive departments
accepted his appointment as Cabinet
and agencies, including government-
Member because as Cabinet Member, he
owned or controlled corporations with or
could not hold any other office during
without original charters. But the
his tenure. (Section 13, Article VII,
President does not have the power of
Constitution).
control over LGUs (Cruz vs. Secretary of
ALTERNATIVE ANSWER: Environment and Natural Resources, 347
SCRA 128 [2000]; National Marketing
NO. an interim appointment is an
Corporation vs. Arca, 29 SCRA 648
appointment made by the President
[1969]).
during the recess of Congress and it is a
permanent appointment and shall
continue to hold such permanency until
Control Power; Foreign Relations (2010)
disapproved by the Commission on
Appointment or until the next No. IX.The League of Filipino Political
adjournment of congress. Scientist (LFPS) organized an international
conference on the human rights situation
If the appointment is bypassed and the
in Myanmar at the Central Luzon State
appointee was not re-appointed he can
University (CLSU). An exiled Myanmar
no longer re-assume as career
professor Sung Kui, critical of the military
ambassador because by accepting an ad
government in Myanmar, was invited as
interim appointment he is deemed to
keynote speaker. The Secretary of Foreign
have waived his right to hold his old
Affairs informed the President of the
position as ad interim appointment is
regional and national security implications
permanent.
of having Prof. Kui address the conference.
The President thereupon instructed the
immigration authorities to prevent the entry
Control Power (2009)
of Prof. Kui into Philippine territory. The
No.XI.c. The President exercises the power chancellor of CLSU argued that the
of control over all executive departments instruction violates the Constitution.
Decide with reasons. (4%)
Page 55 of 168
SUGGESTED ANSWER: President to take over any public utility

is false. Since it is an aspect of
The argument of the chancellor of
emergency powers, in accordance with
Central Luzon State University is not
Section 23(2), Article VI of the
valid. Since an alien has no right to
Constitution, there must be a law
enter the Philippines, preventing Prof.
delegating such power to the President.
Sing Kui from entering the Philippines is
(David vs. Macapagal-Arroyo, 489 SCRA
not a violation of his rights. (Lee and
160 [2006]).
Quigley, Consular Law and Practice, 3 rd
ed., p.220.) Since the President has the ALTERNATIVE ANSWER:
Power of Control over foreign relations,
FALSE. The declaration of a state of
he has the power to ban aliens from
emergency is one thing and the exercise
entering the Philippines. (United States
of emergency powers is another. In the
vs. Curtiss-Wright Export Corporation,
latter case, it requires a prior legislative
299 U.S. 304 [1936]).
enactment before the President can
ALTERNATIVE ANSWER: exercise them.
There is no violation of the Constitution.

It is within the Residual Power of the
Enter into Executive Agreement; Treaty
President to select who shall be allowed
Abrogation (2008)
entry in the Philippines especially when
the allowance of such entry poses No. III. The President alone without the
imminent threat or danger to national concurrence of the Senate abrogated a
security. treaty. Assume that the other country-party
to the treaty is agreeable to the abrogation
provided it complies with the Philippine
Declaration; State of National Constitution. If a case involving the validity
Emergency (2010) of the treaty of the treaty abrogation is
brought to the Supreme Court, how should
No. VII.a. A proclamation of a State of
it be resolved? (6%).
emergency is sufficient to allow the
President to take over any public utility. SUGGESTED ANSWER:
SUGGESTED ANSWER: The President should be overruled. She

cannot abrogate a treaty alone even if
The statement that a proclamation of
the other State, party to a treaty, agrees
emergency is sufficient to allow the
to the abrogation. If the legislative
Page 56 of 168
branch ratifies a treaty by 2/3 vote concurrence of a majority of all the

pursuant to Art. VII, Sec. 21, it must Members of Congress. (Section 28(4),
also do so when the President abrogates Article VI of the Constitution.) Without
it. She cannot motu propio abrogate the respect to its lawful substantive content,
treaty. a treaty, to be valid and effective,
requires concurrence by at least two-
ALTERNATIVE ANSWER:
thirds of all the Members of the Senate.
The Supreme Court should sustain the (Sec. 21, Art. VII of the Constitution).
validity of the abrogation of the treaty.
ALTERNATIVE ANSWER:
There is no constitutional provision
governing the termination of a treaty. FALSE. Granting tax exemptions
What the constitution provides is only requires concurrence by a majority of all
the concurrence of the Senate in order the Members of the Congress.
that a treaty be valid and binding and
under recent jurisprudence, the
ratification of the treaty is left to the Pardoning Power: Executive Clemency
sound discretion of the President. (2008)
Therefore, the President as the No. VIII. ST, a Regional Trial Court judge
representative of the State in treaty who falsified his Certificate of Service, was
negotiation can abrogate a treaty by found liable by the Supreme Court for
himself. serious misconduct and inefficiency, and
meted the penalty of suspension from office
for 6 months. Subsequently, ST filed a
Enter into Treaty (2010) petition for executive clemency with the
Office of the President. The Executive
No.VII.b. A treaty which provides tax
Secretary, acting on said petition issued a
exemption needs no concurrence by a
resolution granting ST executive clemency.
majority of all the Members of the Congress
Is the grant of executive clemency valid?
SUGGESTED ANSWER:
Why or why not? (6%)
The statement that a treaty which
SUGGESTED ANSWER:
provides tax exemption needs no
concurrence by a majority of all the No. the grant of executive clemency is
Members of Congress is true. It is only a invalid because it violates the separation
law, not a treaty, granting a tax of powers. The Supreme Court has the
exemption which requires the power of administrative supervision over
Page 57 of 168
all courts and its personnel and with this reflect presidential decision-making and
power the Supreme Court can discipline deliberations and that the President
erring Judges. believes should remain confidential. It
applies to decision-making of the
The grant of an executive clemency has
President. It is based on separation of
the effect of removing the penalty
powers. It is always subject to a greater
imposed by the competent authority.
scrutiny.
The Supreme Court has the authority to
discipline judges of lower court. In so Deliberative Process Privilege: includes
doing, the constitution guaranteed its advisory opinions, recommendations and
independence from the other political deliberations comprising part of a
bodies. If the executive department were process by which governmental
to grant executive clemency, it would be decisions and policies are formulated.
an encroachment of a prerogative thus Based on common law privileged it
violation of the separation of powers. applies to decision-making of executive
officials and not subject to greater
scrutiny.
Privilege; Presidential Communications

vs. Deliberative Process (2010)
No. VIII. Distinguish “presidential

ARTICLE VIII Judicial
communication privilege” from “deliberative Department
process privilege.”
Judicial Department; Judicial Service
SUGGESTED ANSWER: (2013)
Jurisprudence laid down 2 kinds of

No.XI. In her interview before the Judicial
executive privilege which are
and Bar Council (JBC),Commissioner Annie
presidential communication privilege
Amorsolo of the National Labor Relations
and deliberative process privilege (Neri
Commission claims that she should be
vs. Senate Committee on Accountability
given credit for judicial service because as
of Public Officers and Investigations, 549
NLRC Commissioner, she has the rank of a
SCRA 77 [2008]).
Justice of the Court of Appeals; she
Presidential Communication Privilege: adjudicates cases that are appealable to the
pertains to the communications, Court of Appeals; she is assigned car plate
documents or other materials that No. 10; and she is, by law, entitled to the
Page 58 of 168
rank, benefits and privileges of a Court of under the principle of inclusion unios
Appeals Justice. exclusion est alterius, due credits will
not be granted.
If you are a member of the JBC, would you
give credit to this explanation? (6%)
SUGGESTED ANSWER:
Judicial Department; Writ of Amparo
No, I will not give credit for judicial (2013)
service to the NLRC Commissioner,

No. IX. Conrad is widely known in the
because Section 4 (amended Article 216
neighbourhood as a drug addict. He is also
of the Labor Code of the Philippines) of
suspected of being a member of the
R.A. 9347 (An Act Rationalizing the
notorious "Akyat-Condo Gang" that has
Composition and Functions of the
previously broken into and looted
National Labor Relations Commission,
condominium units in the area.
Amending for this purpose Article 213,
214, 215, and 216 of P.D. 442 as
Retired Army Colonel Sangre – who is
Amended, Otherwise Known as the Labor
known as an anti-terrorism fighter who
Code of the Philippines) clearly speaks
disdained human and constitutional rights
only of the salaries, benefits, and other
and has been nicknamed "terror of
emoluments. It says in the first sentence
Mindanao" –is now the Head of Security of
of the provision, that the Chairman and
Capricorn Land Corporation, the owner and
members of the Commission shall have
developer of Sagittarius Estates where a
the same rank, receive an annual salary
series of robberies has recently taken place.
equivalent to, and be entitled to the
same allowances, retirement and On March l, 2013, Conrad informed his
benefits as, those of the Presiding mother, Vannie, that uniformed security
Justice and Associate Justices of the guards had invited him for a talk in their
Court of Appeals, respectively. The law is office but he refused to come. Later that
clear, that it only allowed the day, however, Conrad appeared to have
equivalence of a commissioner’s rank, relented; he was seen walking into the
salary, allowances, retirement and security office flanked by two security
benefits to that of the Presiding guards. Nobody saw him leave the office
Justices’ and Associate Justices’. The afterwards.
law, however, did not mention the
credits for judicial service, therefore,
Page 59 of 168
Conrad did not go home that night and was by an unlawful act or omission of a
never seen again. The following week and public official or employee, or of a
after a week-long search, Vannie feared the private individual or entity. The writ
worst because of Col. Sangre's reputation. covers extralegal killings and enforced
She thus reported Conrad's disappearance disappearances or threats thereof.
to the police. When nothing concrete
resulted from the police investigation, Since there has been an enforced
Vannie – at the advice of counsel - f1led a disappearance on the part of Conrad, the
petition for a writ of amparo to compel Col. writ is applicable.
Sangre and the Sagittarius Security Office
to produce Conrad and to hold them liable (B) If the petition would prosper, can Col.
and responsible for Conrad's Sangre be held liable and/or responsible for
disappearance. Conrad's disappearance? (6%)
(A) Did Vannie's counsel give the correct SUGGESTED ANSWER:
legal advice? (6%)

No, Colonel Sangre cannot be held
SUGGESTED ANSWER: responsible for the disappearance of

Conrad. Command responsibility has no
The advice of Vannie’s counsel that applicability to an amparo proceeding
she’ll file a petition for a writ of amparo (Rubrico vs. Macapagal-Arroyo, 613
is not correct. In order that a writ of SCRA 233). It may be established merely
amparo can be availed of against a to enable the court to craft the
private individual for the disappearance appropriate remedies against the
of someone, the involvement of the responsible parties (Balao vs. Macapagal-
government is indispensable. There is no Arroyo, 662 SCRA 312).
showing of any participation of the
government in Conrad’s disappearance ALTERNATIVE ANSWER:
(Navia vs. Pardico, 673 SCRA 618).

Although writ of amparo does not
ALTERNATIVE ANSWER: pinpoint criminal culpability for a

disappearance, it determines
Yes, Vannie’s counsel gave the correct responsibility, or at least accountability,
legal advice. The Writ of Amparo is a for the purpose of imposing the
remedy available to any person whose appropriate remedy. Responsibility
right to life, liberty, or security has been refers to the extent the actors have been
violated or is threatened with violation established to have participated in an
Page 60 of 168
enforced disappearance, as a measure of (a) Does Mang Pandoy have legal standing
the remedy, to be crafted, such as the to question the law?
directive to file the appropriate criminal SUGGESTED ANSWER:
and civil cases against the responsible
On the assumption that Mang Pandoy is
parties (Razon, Jr. Vs. Tagitis, 606 SCRA
a beneficiary of the financial legal
598).
assistance, he has legal standing to
ALTERNATIVE ANSWER: question the law. He may be prejudiced

by the improper screening of the
Yes. Colonel Sangre, together with the beneficiary families. (Province of
Sagittarius Security Office should be Batangas vs. Romulo, 492 SCRA 736
held fully accountable for the enforced [2004]). Besides, since the
disappearance of Conrad because of implementation of the law will require
strong evidences supporting the claim of the expenditure of public funds, as a tax
the Writ of Amparo as shown in the case. payer Mang Pandoy has legal standing to
question the law. (Cruz vs. Secretary of
Environment and Natural Resources, 347
SCRA 128).
Judicial Power; Legal Standing (2010)
ALTERNATIVE ANSWER:
No.VI. The Poverty Alleviation and
Assistance Act was passed to enhance the Yes. Mang Pandoy has legal standing to
capacity of the most marginalized families question the law as a taxpayer and a
nationwide. A financial assistance scheme citizen. As a taxpayer he has to show
called “conditional cash transfers” was that there will be an illegal disbursement
initially funded 500 million pesos by of public funds. As a citizen he must
Congress. One of the provisions of the law show that the issue involved is of
gave the joint-congressional oversight transcendental importance.
committee authority to screen the list of
beneficiary families initially determined by
the Secretary of Department of Social Judicial Power; Trial by Jury (2013)
Welfare and Development pursuant to the
Department implementing rules. No.IV. Congress enacted a law providing for
MangPandoy, a resident of smokey trial by jury for those charged with crimes
Mountain in Tondo, questioned the or offenses punishable by reclusion
authority of the Committee. perpetua or life imprisonment. The law
provides for the qualifications of members
Page 61 of 168
of the jury, the guidelines for the bar and (Paragraph 2, Section 1, Article VIII,
bench for their selection, the manner a trial 1987 Constitution).
by jury shall operate, and the procedures to
be followed. Trial by Jury shall have the power to
adjudge which claims are true and which
Is the law constitutional? (6%) are not. Composed of 12 jurors and two
alternate jurors, the Trial Jury shall be
SUGGESTED ANSWER:
kept in secret places until the usually-
one-week trial ends in case the accuseds
The law providing for trial by jury is
are influential persons. After deciding
unconstitutional, because of the
who are saying the truth, the judge in
omission in Article VIII, Section 5(5) of
their court shall apply the law on the
the 1987 Constitution of the provisions
jury’s decision. Although at times, trial
in Article VIII, Section 13 of the 1935
jury nullifies the law if they felt it is an
Constitution and Article X, Section 5(5)
injustice.
1973 Constitution, which authorized the
Legislature to repeal, alter or
In other words, in the trial provided by
supplement the rules of procedure
the present constitution, the judge
promulgated by the Supreme Court.
decides, while in trial by jury, the jury
Congress can no longer enact any law
decides, however the judge only applies
governing rules of procedure of the
the law basing from that of the jury’s
courts (Echegaray vs. Secretary of
decision.
Justice, 301 SCRA 96).
ALTERNATIVE ANSWER:
ALTERNATIVE ANSWER:
The law is valid, because the grant of a
No, it will be unconstitutional because it right to trial by jury involves a
will be contrary to the judicial power substantive law and is within the
which includes the duty of the courts of competence of Congress (Article VIII,
justice to settle actual controversies Section 5(5) of the 1987 Constitution).
which are legally demandable and
enforceable, and to determine whether
or not there has been a grave abuse of Judicial Power; Trial by Jury (2008)
discretion amounting to lack or excess
jurisdiction on the part of any branch or No.XIII. Congress enacted law establishing
instrumentality of the Government the right to trial by jury of an accused

charged with a felony or offense punishable
Page 62 of 168
with reclusion perpetua or life (PET). After due consideration of the facts
imprisonment. The law provides for the and the issues, the PET ruled that Orange
qualifications of prospective jury members, was the real winner of the elections and
the guidelines to be observed by the Judge ordered his immediate proclamation.
and the lawyers in jury selection including
the grounds for challenging the selection of (c) What is the composition of the PET?
jury members, and the methodology for jury (2%)
deliberations. Is the law constitutional?

SUGGESTED ANSWER
Explain fully. (7%)
SUGGESTED ANSWER: The Presidential Electoral Tribunal is

composed of the Chief Justice and the
The law is unconstitutional because the Associate Justices of the Supreme Court
power to promulgate rules concerning Sitting en banc. (Section 4, Article VII of
the protection and enforcement of the Constitution.)
constitutional rights, pleading, practice,
and procedure in all courts is vested (d) What is judicial power? Explain Briefly.
only in the Supreme Court. (2%)
Congress cannot encroach to the SUGGESTED ANSWER

prerogatives of the Judiciary particularly
those expressly given by the Judicial Power – Sec.1(1) Art. 8 is the
Constitution. The interference of authority to settle justiciable
Congress of such power would be struck controversies or disputes involving
down because it violates the separation rights that are enforceable and
of powers. demandable before the courts of justice
or the redress of wrongs for violation of
such rights. (Lopez vs. Roxas, 17 SCRA
Presidential Electoral Tribunal; Judicial 756.) it includes the duty of the courts
Power (2012) to settle actual controversies involving
rights which are legally demandable and
No. IV. Mr. Yellow and Mr. Orange were the enforceable, and to determine whether
leading candidates in the vice-presidential or not there has a grave abuse of
elections. After elections, Yellow emerged as discretion amounting to lack or excess
the winner by a slim margin of 100,000 of jurisdiction on the part of any branch
votes. Undaunted, Orange filed a protest or instrumentality of the government.
with the Presidential Electoral Tribunal (Section 1, Article VIII of Constitution.)
Page 63 of 168
(b) Does the Ombudsman have authority to

conduct investigation over crimes or
Supervision; Courts and its Personnel;
offenses committed by public officials that
Ombudsman’s Jurisdiction (2012)
are NOT in connection or related at all to
the official’s discharge of his duties and
No. V. Judge Red is the Executive Judge of
functions? Explain. (3%)
Green City. Red is known to have corrupt
tendencies and has a reputation widely
SUGGESTED ANSWER
known among practicing lawyers for
accepting bribes. Ombudsman Grey, The Ombudsman can investigate crimes
wishing to "clean up" the government from or offenses committed by public officers
errant public officials, initiated an which are not connected with the
investigation on the alleged irregularities in performance of their duties. Under
the performance of duties of Judge Red. Section 13(1), Article XI of the
Constitution, the Ombudsman can
(a) Judge Red refused to recognize the
investigate any act or omission of a
authority of the Office of the Ombudsman
public official which is illegal. (Deloso vs.
over him because according to him, any
Domingo, 191 SCRA 545.)
administrative action against him or any
court official or employee falls under the (c) Who are required by the Constitution to
exclusive jurisdiction of the Supreme Court. submit a declaration under oath of his
Decide with reasons. (5%) assets, liabilities, and net worth? (2%)
SUGGESTED ANSWER SUGGESTED ANSWER
Since the complaint refers to the All public officers and employees are
performance of the duties of Judge Red, required to submit a declaration under
Ombudsman Grey should not act on it oath of their assets, liabilities and net
and should refer it to the Supreme worth. (Section 17, Article XI of the
Court. His investigation will encroach Constitution.)
upon the exclusive power of
administrative supervision of the
Supreme Court over all courts. (Maceda
vs. Vasquez, 221 SCRA 464.) ARTICLE IX Constitutional
Commissions
Rotational Scheme (2010)
Page 64 of 168
No. XXV.
(a) What is the rational scheme of ARTICLE IX Civil Service

appointments in the COMELEC?
Commission
SUGGESTED ANSWER:
Appointment; Relatives (2008)
The rational scheme of appointments in
the COMELEC refers to the appointment No.XII.. The Mayor of San Jose City
of the Commissioner and 5 of its appointed his wife, Amelia, as City
members not simultaneously but by Treasurer from among three (3) employees
intervals of every after 2 years upon of the city considered for the said position.
expiration of their term of office. Prior to said promotion, Amelia had been
an Assistant City Treasurer for ten (10)
(b) What are the two conditions for its years, that is, even before she married the
workability? City Mayor. Should the Civil Service
SUGGESTED ANSWER: Commission approve the promotional
appointment of Amelia? Why or why not?
The two conditions for its workability
are: SUGGESTED ANSWER:
(a) The first Chairman and The Civil Service Commission should
Commissioners should start on a disapproved the promotional
common date and appointment if at the time of
appointment Amelia is already married
(b) Any vacancy before the expiration of
to the appointing authority, the Mayor,
the term should be filled only for the
because it violates the rule on nepotism
unexpired balance of the term
which prohibits the appointment of
(c) To what other constitutional offices does relatives by consanguinity or affinity
the rational scheme of appointments apply? within the third degree of the appointing
SUGGESTED ANSWER: authority in public office. This is to
ensure that entrance to public office
The rational scheme of appointments
should be based on merits and fitness.
applies to:
The rule on nepotism also extends to
COA, CSC, COMELEC, JBC (Section 9(2), promotional appointment.
Article VIII, Section 1(2), Article IX-B
However, if at the time of appoint the
and Section 1(2), Article IX-D of the
Mayor and Amelia is not yet married and
Constitution).
Page 65 of 168
thereafter married each other, the The statement that a person who
promotional appointment should remain occupies in office that is defectively
as valid appointment. created is a de facto officer is TRUE. The
person appointed or elected pursuant to
an unconstitutional law is a de facto
Appointment; Relatives (2010) officer, before the law is declared to be

such. (State vs. Caroll, 38 Conn.[1871]).
No.XV.b. The rule on nepotism does not
apply to designations made in favor of a
relative of the authority making a
De Facto Officer; Salary Entitlement
designation
(2009)
SUGGESTED ANSWER:
No.XI.b. A de facto public officer is, by
FALSE. The Rule on Nepotism extends to
right, entitled to receive the salaries and
designation, and promotional
emoluments attached to the public office he
appointment in favor of a relative(Laurel
holds
vs. Civil Service Commission, 203 SCRA
SUGGESTED ANSWER:
195 [1991]).
TRUE. A de facto public officer
discharges his public duties under a
De Facto Officer (2010) color of title to the office, therefore, by
right entitled to salary (Civil Liberties vs.
No. XV.a. A person who occupies an office
Executive Secretary, 194 SCRA 317).
that is defectively created is a de facto
officer.
SUGGESTED ANSWER: Discretionary Duty of a Public Officer

(2010)
FALSE. A de facto officer occupies a
valid existing office however under a No.XV.c. A discretionary duty of a public
color of title of the office. For him to be officer is never delegable
a de facto officer, the office must be SUGGESTED ANSWER:
validly created. (Tuanda vs.
The statement that a discretionary duty
Sandiganbayan, 249 SCRA 342 [1995]).
of a public officer can never be delegated
ALTERNATIVE ANSWER: is FALSE. It can be delegated if the
delegation is authorized (Mechem, A
Page 66 of 168
Treatise on the Law on Public Offices Security of Tenure (2010)

and Officers, p.368).
No.XV.d. Acquisition of civil service
ALTERNATIVE ANSWER: eligibility during tenure of a temporary
appointee does not automatically translate
TRUE. Discretionary duty of a public
to a permanent appointment.
officer cannot be delegated.
SUGGESTED ANSWER:
TRUE. There is a need for another

Oath or Affirmation (2007) appointment for permanency (Province
of Camarines Sur vs. Court of Appeals,
No. VI. b. All public officers and employees
246 SCRA 281 [1995]).
shall take an oath to uphold and defend the
Constitution.
SUGGESTED ANSWER:
The statement is true. This is expressly ARTICLE IX COMELEC
provided for in Section 4, Article IX-B of
the 1987 Constitution. Commission En Banc; Jurisdiction
ALTERNATIVE ANSWER: (2012)
The statement is true as under Section

No. VII. Mayor Pink is eyeing re-election in
40 of the Administrative Code of 1987
the next mayoralty race. It was common
(Executive Order No. 292), it is provided
knowledge in the town that Mayor Pink will
that “all public officers and employees of
run for re-election in the coming elections.
the government, including every
The deadline for filing of Certificate of
member of the armed forces shall, before
Candidacy (CoC) is on March 23 and the
entering upon discharge of his duties,
campaign period commences the following
take an oath or affirmation to uphold
day. One month before the deadline, Pink
and defend the Constitution.
has yet to file her CoC, but she has been
ALTERNATIVE ANSWER:
going around town giving away sacks of rice
The statement is false. The Constitution
with the words "Mahal Tayo ni Mayor Pink"
states: “All public officers and employees
printed on them, holding public gatherings
shall take an oathe or affirmation to
and speaking about how good the town is
uphold and defend this Constitution”
doing, giving away pink t-shirts with "Kay
(1987 Constitution, Art. IX-B, sec.4).
Mayor Pink Ako" printed on them.
Page 67 of 168
(a) Mr. Green is the political opponent of (b) Distinguish briefly between Quo
Mayor Pink. In April, noticing that Mayor Warranto in elective office and Quo
Pink had gained advantage over him Warranto in appointive office. (3%)
because of her activities before the
campaign period, he filed a petition to SUGGESTED ANSWER:
disqualify Mayor Pink for engaging in an

In quo warranto in elective office, the
election campaign outside the designated
issue is the ineligibility of the elected
period.
candidate. (Section 3(e), Rule 1, Rules of
a.1. Which is the correct body to rule on the Procedure in Election Cases.) If he is
matter? Comelec en banc, or Comelec ineligible, the candidate who got the
division? Answer with reasons. (2%) second highest number of votes cannot
be proclaimed elected. (Sinsuat vs.
SUGGESTED ANSWER: Commission on Elections, 492 SCRA
264.) A voter may file a petition for quo
It is the Commission on elections en warranto against an elected candidate.
banc which should decide the petition. The petition should be filed within ten
Since it involves the exercise of the days after the proclamation of the
administrative powers of the elected candidate.
Commission on Elections, Section 3,
Article IX-C of the Constitution is not In quo warranto in appointive office, the
applicable. (Baytan vs. Commission on issue is the legality of the appointment.
Elections, 396 SCRA 703.) The court will decide who between
the parties has the legal title to the
a.2. Rule on the petition. (5%) office. (Nachura, Outline Reviewer in
Political Law, p.567.)
SUGGESTED ANSWER:
It is the Solicitor General, a public

The petition should be denied. Under
prosecutor, or a person claiming to be
Section 80 of the Omnibus Election
entitled to the public office can file a
Code, to be liable for premature
petition for quo warranto against an
campaigning he must be a candidate.
appointive official. (Section 2 and 5,
Unless he filed his certificate of
Rule 66 of the Rules of Court.) The
candidacy, he is not a candidate. (Lanot
Petition should be filed within one year
vs. Commission on Elections, 507 SCRA
after the cause of action accrued.
114.)
(Section 11, Rule 66 of the Rules of
Court.)
Page 68 of 168
No. Galicia is not eligible to run for an

elective position because the executive
Grant of Pardon to Election Offenses
clemency is not valid and effective
(2010)
because it was granted with
No. XVII. During his campaign sortie in constitutional infirmity. The
Barangay Salamanca, Mayor Galicia was Constitution requires recommendation

arrested at a PNP checkpoint for carrying from the COMELEC before the President
high-powered firearms in his car. He was may grant executive clemency for
charged and convicted for violation of the offenses violating election laws.
COMELEC gun ban. He did not appeal his
conviction and instead applied for executive
clemency. Acting on the favorable
recommendation of the Board of Pardons
Election Laws
and Parole, the President granted him
Election Protest; Substitution; Quo
pardon. Is he eligible to run against for an
Warranto (2009)
elective position?. Explain Briefly. (5%)
No. II. Despite lingering questions about his
SUGGESTED ANSWER:
Filipino citizenship and his one-year
Mayor Galicia can run again for an residence in the district, Gabriel filed his
elective office but not immediately. certificate of candidacy for congressman
Under Section 40 of the Local before the deadline set by law. His
Government Code, he cannot run for an opponent, Vito, hires you as lawyer to
elective office within two (2) years after contest Gabriel’s candidacy.
serving sentence. Under Section 12 of

(a) Before Election Day, what action or
the Omnibus Election Code, he can run
actions will you institute against Gabriel,
for an elective national office after the
and before which court, commission or
expiration of five (5) years from his
tribunal will you file such action/s?
service of sentence. The pardon granted
Reasons. (2%).
to him is invalid. The offense involved a
SUGGESTED ANSWER:
violation of the Omnibus Election Code
and the pardon was granted without the File with COMELEC in division, a
favorable recommendation of the petition to deny due course or to cancel
Commission on Elections. (Section 5, Certificate of Candidacy within 25 days
Article IX-C of the Constitution). from the time of filing of the COC on the
ground of material representation
ALTERNATIVE ANSWER:
Page 69 of 168
contained in the certificate is false; or certified by, the same political party
file a petition with the COMELEC in may file a certificate of candidacy to
division to cancel the COC because he is replace the candidate who dies,
a nuisance candidate. There must be a withdrew or was disqualified not later
showing that: than mid-day of the day of the election
(sec.76, OEC).
a. The COC was filed to put the
election process in a mockery Since there is no showing in the present
or disrepute case that Gabriel is a member of a
b. Cause confusion among voters registered political party, in no moment
by similarity of names of could he be substituted if he withdraws
registered candidates his COC.
c. By other circumstances or
(c) If the action/s instituted should be
acts which demonstrate that a
dismissed with finality before the election,
candidate has no bona fide
and Gabriel assumes office after being
intention to run for the office
proclaimed the winner in the election, can
for which his certificate of
the issue of his candidacy and/or
candidacy has been filed, and
citizenship and residence still be
thus prevent a faithful
questioned? If so, what action or actions
determination of the true will
may be filed and where? If not, why not?
of the electorate.
(2%)
SUGGESTED ANSWER:
(b) If, during the pendency of such action/s
but before election day, Gabriel withdraws Yes, a petition for quo warranto may be
his certificate of candidacy, can he be filed with the House of Representative
substituted as candidate? If so, by whom Electoral Tribunal questioning his
and why? If not, why or why not? eligibility to continue to hold such
SUGGESTED ANSWER: elective position.
No. when the candidate who withdraws is A quo warranto proceeding may be filed
an independent candidate, he cannot be by any citizen of the Philippine
substituted. Under the law, if after the questioning the eligibility of an elective
last day for the filing of certificates of officer with respect to his continued
candidacy, an official candidate of a possession of the qualifications of age,
registered or accredited political party citizenship, and residency, as the case
dies, withdraws or is disqualified for any may be. Should the action prosper and a
cause, only a person belonging to, and
Page 70 of 168
decision be rendered against the elective District Board of Canvassers denied both
official, the latter shall be removed from objections and ruled to include the
office leaving the position vacant. certificate of canvass. May MP appeal the
rulings to the COMELEC? Explain. (6%)
Moreover, the Sole judge to hear and
decide concerning the election, returns SUGGESTED ANSWER:
and qualification of the members of the
NO. COMELEC’s Jurisdiction over pre-
House of Representative is the HRET.
proclamation cases pertains only to
The HRET shall have jurisdiction over
elections of regional, provincial and city
the election contest when the candidate
officials.
has been proclaimed, taken his oath and
assumed to office. (Sec. 15, RA 7166) – No pre-proclamation
cases in election of national officials. For
purposes of the elections for President,
Pre-Proclamation Contest (2008) V-President, Senator and Member of the
House of Representatives, no pre-
No.X. The 1st Legislative District of South
proclamation cases shall be allowed on
Cotabato is composed of General Santos
matters relating to the preparation,
and three municipalities including
transmission, receipt, custody and
Polomolok. During the canvassing
appreciation of the election returns or
proceedings before the District Board of
the certificates of canvass, as the case
Canvassers in connection with the 2007
may be.
congressional elections, candidate MP
objected to the certificate of canvass for ALTERNATIVE ANSWER:
Polomolok on the ground that it was
(sec. 20, RA 7166)
obviously manufactured, submitting as
evidence the affidavit of mayoralty Yes. a party adversely affected by the
candidate of Polomolok. The Certificate of ruling of the board shall immediately
canvass for General Santos was likewise inform the board if he intends to appeal
objected to by MP on the basis of the said ruling to the COMELEC. The party
confirmed report of the local NAMFREL that adversely affected by the ruling may file
10 elections returns from non-existent a verified notice of appeal with the board
precincts were included in the certificate. within a non-extendible period of 5 days.
MP moved that the certificate of canvass for
General Santos be corrected to exclude the
results from the non-existent precincts. The
Page 71 of 168
Three Term Limit; Contest; Substitution consecutiveness of his term of office.

(2008) (Ong v. Alegre, Jan. 23, 2006).
No.IX. Abdul ran and won in the May 2001,

(b) Abdul also consults you whether his
2004, and 2007 elections for Vice-Governor
political party can validly nominate his wife
of Tawi-Tawi. After being proclaimed Vice-
as substitute candidate for Vice-Governor of
Governor in the 2004 elections, his
Tawi-Tawi in May 2010 election in case the
opponent, Khalil, filed an election protest
COMELEC disqualifies him and denies due
before the Commission on Election. Ruling
course to or cancels his certificate of
with finality on the protest, the COMELEC
candidacy in view of a false material
declared khalil as the duly elected Vice-
representation therein. What will be your
Governor though the decision was
advice? (3%)
promulgated only in 2007, when Abdul had
SUGGESTED ANSWER:
fully served his 2004-2007 term and was in
fact already on his 2007-2010 term as Vice- I will advise him that his wife can be a
Governor. substitute if his wife is a member of the
political party and is certified by such
(a) Abdul now consults you if he can still
political party that she is going to
run for Vice-Governor of Tawi-Tawi in the
substitute abdul as candidate for Vice-
forthcoming May 2010 election on the
Governor and that the substitution must
premise that he could not be considered as
be made within the prescribed period
having served as Vice-Governor from 2004-
provided by law. Provided further that
2007 because he was not duly elected to
his wife is eligible to hold public office
the post, as he assumed office merely as
meaning she has all the qualifications
presumptive winner and that presumption
and none of the disqualifications.
was later overturned when COMELEC
decided with finality that had lost in the
May 2004 elections. What will be your Vacancy: Succession; Recall (2010)
advice? (3%). No. XXII. Governor Diy was serving his
SUGGESTED ANSWER: third term when he lost his governorship in
a recall election.
Will advice Abdul that he can no longer
run for Vice-Governor in the forthcoming (a) Who shall succeed Governor Diy in his
May 2010 election because there is no office as Governor?
interruption of service of his 2004-2007 SUGGESTED ANSWER:
term. He is considered to have already
served and thereof it is counted in the
Page 72 of 168
The candidate who received the highest

number of votes in the recall will
succeed Governor Diy (Section 72 of the Vacancy: Sangguniang Panlalawigan
Local Government Code). (2008)
No XI. On august 8, 2008, the Governor of
(b) Can Governor Diy run again as governor
Bohol died and Vice-Governor Cesar
in the next election?
succeeded him by operation of law.
SUGGESTED ANSWER:
Accordingly, Benito, the highest ranking
Yes, because recall election is an member of the Sangguniang Panlalawigan
interruption of the consecutiveness of was elevated to the position of Vice-
the term of office it cannot be counted. Governor. By the elevation of Benito to the
A recall election is a mid-way election Office of Vice-Governor, a vacancy in the
and the term is not completed when one Sangguniang Panlalawigan was created.
is conducted. The third term of Governor How should the vacancy be filled?
Diy should not be included in computing
SUGGESTED ANSWER:
the the=ree-term limit. (Lonzanida vs.
Commission on Elections, 311 SCRA 602 (sec. 44-46, RA 7160)
[1999]).
The vacancy shall be filled in the
(c) Can Governor Diy refuse to run in the following manner:
recall election and instead resign from his
1. If Benito is affiliated with a
position as governor?
political party, the vacancy in the
SUGGESTED ANSWER:
Sangguiniang Panlalawigan shall
Governor Diy cannot refuse to run in the be filled by a nomination and
recall election. He is automatically certificate of membership of the
considered as a duly registered appointee from the highest
candidate. (Section 71, Local official of the political party.
Government Code). (must be filled with someone who
belongs to the political party to
ALTERNATIVE ANSWER:
maintain the party representation
YES, Governor Diy is not compelled to as willed by the people in the
run in a recall election. Recall election is election).
called because the electorate has lost
confidence to the elective official. He 2. If Benito is not affiliated with a
may instead resign from his position. political party, the vacancy shall
Page 73 of 168
be filled by the PRESIDENT without the need of any other law is an

through the executive secretary. authorized exercise
ALTERNATIVE ANSWER:
TRUE. The confiscation of driver’s

ARTICLE X Local license by MMDA is part of its executive
function to enforce the law.
Government
Boundary Dispute Resolution; LGU; RTC

(2010)
Internal Revenue Allotment Fund (2007)
No.XIII.c. Boundary disputes between and

No. VIII. The Provincial Governor of
among municipalities in the same province
Bataan requested the Department of
may be filed immediate with the RTC
Budget and Management (DBM) to
SUGGESTED ANSWER:
release its Internal Revenue Allocation
FALSE. Should be referred for settlement (IRA) of P100 million for the current
to the SANGGUNIANG PANLALAWIGAN
budget year. However, the General
concerned (see. Sec. 118, RA No.7160;
Appropriations Act provided that the
Municipality of Sta. Fe vs. Municipality
IRA may be released only if the province
of Artao, 533 SCRA 586 [2007]).
meets certain conditions as determined
by an Oversight Council created by the
Confiscation of Driver’s License; MMDA President.
(2010)
(a) Is this requirement valid?
No.XIII.d. The MMDA is authorized to
confiscate a driver’s license in the SUGGESTED ANSWER:
enforcement of traffic regulations.(0.5%) No, this requirement is not valid. Under
SUGGESTED ANSWER: the 1987 Constitution, it is provided
that “local government units shall have
False. Since Republic Act No. 7924 does
a just share, as determined by law, in the
not grant the Metropolitan manila
national taxes which shall be
Development Authority to enact
automatically released to them.” As held
ordinances, the grant to it by Section
in the case of Alternative Center for
5(f) of Republic Act No. 7924 of the
Organizational Reforms and
power to confiscate driver’s license
Development, et.al. v. Zamora, G.R. No.
144256 (June 08, 2005), a basic feature
Page 74 of 168
of local fiscal autonomy is the automatic (b) De facto municipal corporation

release of the shares of LGUs in the SUGGESTED ANSWER:
national internal revenue. The Local
DE FACTO MUNICIPAL CORPORATION –
Government Code specifies further that
De facto municipal corporation is a
the release shall be made directly to the
public corporation that exists although
LGU concerned within five (5) days after
it has not complied with the statutory
every quarter of the year and “shall not
requirements like:
be subject to any lien or holdback that
may be imposed by the national a. Authorization by a valid law
government for whatever purpose.” b. A colorable and bona fide attempt to
organize under a valid law
(b) The Provincial Governor is a party-mate c. An assumption of powers conferred
of the President. May the Bataan under the law
Representative instead file a petition to It primarily attends to the needs of the
compel the DBM to release the funds? general welfare.
SUGGESTED ANSWER:
(c) Municipal corporation by estoppels
Yes. A congressman from a particular
SUGGESTED ANSWER:
LGU may validly have standing to
demand that IRA for his province be MUNICIPAL CORPORATION BY
released in accordance with the ESTOPPELS- A municipal corporation by
Constitution and the Local Government estoppels is a corporation which is so
Code. As a representative of his defectively formed as not to be a de
province, he has a responsibility towards facto corporation but is considered a
his constituencies who can expect no corporation in relation to someone who
less than faithful compliance with the dealt with it and acquiesced in its
Constitution. Moreover, the issue exercise of its corporate functions or
presented could be characterized as entered into a contract with it. (Martin,
involving transcendental importance to Public Corporations, 1985 ed.,p.20)
the people and the local government
units which had been guaranteed greater
local autonomy.
Ordinance Validity; Disapproval (2009)
No. III. The Municipality of Bulalakaw,
Municipal Corporation; De facto vs. Leyte, passed ordinance no. 1234,
Estoppel (2010) authorizing the expropriation of two parcels
No.XX Define/Explain of land situated in the poblacion as the site
Page 75 of 168
of a freedom park, and appropriating the Ordinance Validity; Regulation of Disco

funds needed therefor. Upon review, the Pubs (2010)
Sangguniang Panlalawigan of Leyte
No. XXI The Sangguniang Panlungsod of
disapproved the ordinance because the
Pasay City passed an ordinance requiring
municipality has an existing freedom park
all disco pub owners to have all their
which, though smaller in size, is still
hospitality girls tested for the AIDS virus.
suitable for the purpose, and to pursue
Both disco pub owners and the hosptitality
expropriation would be needless
girls assailed the validity of the ordinance
expenditure of the people’s money. Is the
for being violative of their constitutional
disapproval of the ordinance correct?
rights to privacy and to freely choose a
Explain you answer. (2%).
calling or business. Is the ordinance valid?
SUGGESTED ANSWER: Explain.
The Local Government Unit can exercise SUGGESTED ANSWER:

the power of eminent domain only
The ordinance is a valid exercise of
pursuant to an ordinance. Ordinances
police power. The right to privacy yields
passed by legislative body of a
to certain paramount rights of the public
municipality are subject to review by the
and defers to the exercise of police
Sangguniang Panlalawigan. The review
power. The ordinance is not prohibiting
by the SP is only to determine whether
the disco pub owners and the hospitality
or not the ordinance is beyond the power
girls from pursuing their calling or
conferred upon the Sanguniang Bayan
business but is merely regulating it.
(Municipality). The SP will declare the
(Social Justice Society vs. Dangerous
ordinance invalid if it goes beyond the
Drugs Board, 570 SCRA 410 [2008]). This
power granted to it.
ordinance is a valid exercise of police
The power of eminent domain is granted power, because its purpose is to
to the Municipality and it is within their safeguard public health. (Beltran vs.
competence to determine the necessity Secretary of Health, 476 SCRA 168
to expropriate private property for public [2005]).
purpose. This determination is not
ALTERNATIVE ANSWER:
within the review powers of the SP.
Jurisprudence dictates that an
Therefore, the disapproval of the
ordinance to be a valid exercise of police
ordinance is incorrect.
power it:
Page 76 of 168
1. Must not contravene the 2, Local Government Code; Department

constitution; of Agrarian Reform vs. Polo Coconut
2. Must not be unfair nor oppressive; Plantation Company, Inc., 564 SCRA
3. Must be reasonable; 78[2008]).
4. Must not prohibit what is allowed
but may regulate;
5. Must be applicable within its
ARTICLE XI Accountability
territorial jurisdiction or limits
6. Must be general in application of Public Officers
and consistent with public policy
Discipline; Preventive Suspension (2009)
7. And that the interest of the
general public requires the Maximo, an employee of the Department of
interference and that the means education, is administratively charged with
employed is reasonably necessary dishonesty and gross misconduct. During
for the accomplishment of its the formal investigation of the charges, the
purpose Secretary of Education preventively
Under the present case, the objective of suspended him for a period of 60 days. On
the ordinance is to secure the health and the 60th day of the preventive suspension,
safety of its populace. AIDS is an the Secretary rendered a verdict, finding
incurable disease that is very harmful to Maximino guilty, and ordered his
the health. However, how good the immediate dismissal from the service.
intention is the exercise of police power
Maximino appealed to the Civil Service
is not absolute. The interference has to
Commission which affirmed the Secretary’s
be lawful which is absent in the present
decision. Maximo then elevated the matter
case.
to the Court of Appeals. The CA reversed
the CSC decision, exonerating Maximino.
The secretary of education then petitions
Reclassification of Land (2010)
the Supreme Court for the review of the CA
No.XIII.b. Re-classification of land by a local decision.
government unit may be done through a
(a) Is the Secretary of Education a proper
resolution.
party to seek the review of the CA decision
SUGGESTED ANSWER:
exonerating Maximino? Reasons (2%)
FALSE. Re-classification of land must be SUGGESTED ANSWER:
done through an ORDINANCE ( Section
Page 77 of 168
The Secretary of Education is not the preventive suspension, he was not yet
proper party to seek review of the out of service. However, he is entitled to
decision of the Court of Appeals, because back wages from the time of his
he is the one who heard the case and dismissal until his reinstatement. The
imposed the penalty. Being the enforcement of the dismissal pending
disciplinary authority, the Secretary of appeal was punitive, and he was
Education should be impartial and exonerated (Gloria vs. Court of Appeals,
should not actively participate in 306 SCRA 287 [1999]).
prosecuting Maximino (National
Appellate Board of the National Police
Commission vs. Mamauag, 446 SCRA Impeachment; Grounds (2013)
624 [2005]).
No.V. As a leading member of the Lapiang
(b) If the SC affirms the CA decision, is
Mandirigma in the House of
Maximino entitled to recover back salaries
Representatives, you were tasked by the
corresponding to the entire period he was
party to initiate the moves to impeach the
out of the service? Explain your answer.
President because he entered into an
(3%)
executive agreement with the US
SUGGESTED ANSWER:
Ambassador for the use of the former Subic
As a general rule, Maximo is not entitled Naval Base by the US Navy, for free, i.e.,
to recover back salaries corresponding to without need to pay rent nor any kind of
the entire period he was out of the fees as a show of goodwill to the U.S.
service because of the NO WORK NO PAY because of the continuing harmonious RP-
RULE. But if it is found that he is US relations.
illegally dismissed or suspended he is

Cite at least two (2) grounds for
entitled to back wages and other
impeachment and explain why you chose
monetary benefits from the time of his
them. (6%)
illegal dismissal or suspension up to his
reinstatement.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
The President can be impeached for
Maximo cannot recover back salaries culpable violation of the Constitution
during his preventive suspension. The and betrayal of public trust. The
law does not provide for it. Preventive Supreme Court has already ruled that
suspension is not a penalty. During the the provision in Article XVIII, Section 25
Page 78 of 168
of the Constitution requires a treaty Act), that one corrupt practice of a

even for the mere temporary presence of public officer includes knowingly
foreign troops in the Philippines (Bayan approving or granting any license,
vs. Zamora, 342 SCRA 499). The permit, privilege or benefit in favor of
President cannot claim, therefore, that any person not qualified for or not
he acted in good faith. (Report of the legally entitled to such license, permit,
Special Committee in the Impeachment privilege or advantage, or of a mere
of President Quirino, Congressional representative or dummy of one who is
Record of the House of Representatives, not so qualified or entitled. Since the
Vol. IV, p. 1553). Betrayal of public trust President gave the U.S. Navy the
includes violation of the oath of the privilege to use the former Subic Naval
office of the President (Record of the Base for free without need to pay rent
Constitutional Commission, Vol. II, nor any kind of fees.
p.272). In his oath of office, the
President swore to preserve and defend (2) Culpable Violation of the
the Constitution (Article VII, Section 5 Constitution. The president knowingly
of the 1987 Constitution). violated the provision stated in Section
11, Article XII of the Constitution which
ALTERNATIVE ANSWER: provides that no franchise, certificate, or
any other form of authorization for the
The President can be impeached for
operation of a public utility shall be
culpable violation of the Constitution
granted except to citizens of the
and graft and corruption (Article XI,
Philippines or to corporations or
Section2). By entering into the executive
associations organized under the laws of
agreement, the President violated
the Philippines at least sixty per centum
Section 3(d) of the Anti-Graft and
of whose capital is owned by such
Corrupt Practices Act because of the
citizens, nor shall such franchise,
injury to the Republic of the Philippines.
certificate, or authorization be exclusive
ALTERNATIVE ANSWER: in character or for a longer period than
50 years.
The two grounds for impeachment
suitable to the case of the president are:
Impeachment; Purpose; Grounds (2012)
(1) Graft and Corruption. It is stated
under Section 3(j) of Republic Act No. No. II.A verified impeachment complaint
3019 (Anti-Graft and Corrupt Practices was filed by two hundred (200) Members of
Page 79 of 168
the House of Representatives against The purpose of impeachment is not to

Madam Chief Justice Blue. The complaint punish but only to remove a public
was immediately transmitted to the Senate officer to secure the people against gross
for trial. political misdemeanors. (Bernas, The
1987 Constitution of the Philippines, A
(a) Madam Chief Justice Blue challenges Commentary, 2009 ed., p. 1150.)
such immediate transmittal to the Senate Conviction does not prevent further
because the verified complaint 1) not prosecution and punishment. The person
included in the order of business of the convicted is subject to prosecution and
House, 2) was not referred to the House punishment according to law. (Section
Committee on Justice for hearing and 3(7), Article XI of the Constitution.)
consideration for sufficiency in form and
substance, and 3) was not submitted to the (c) Enumerate the grounds for
House Plenary for consideration as impeachment. Is graft and corruption a
enumerated in Paragraph (2), Section 3, ground for impeachment? (2%)
Article XI of the 1987 Constitution. Decide
with reasons. (5%) SUGGESTED ANSWER
SUGGESTED ANSWER The following are the grounds for

impeachment:
Since he verified complaint was filed by
200 Members of the House of 1) Culpable violation of the
Representatives and they constituted at Constitution;
least one third of its Members, it need 2) Treason;
not undergo the procedure in Paragraph 3) Bribery;
2, Section 3, Article XI of the 4) Graft and Corruption;
Constitution. The verified complaint 5) Other high crimes; and
constitutes the Articles of Impeachment, 6) Betrayal of public trust
and trial by the Senate should proceed

forthwith (Section 3(4), Article XI of the
Constitution). Ombudsman; Power to Impose Penalties
(2009)
(b) What is the purpose of Impeachment?
Does conviction prevent further prosecution No.XI.d. Decisions of the Ombudsman
and punishment? Explain. (3%) imposing penalties in administrative
disciplinary cases are merely
SUGGESTED ANSWER recommendatory.
Page 80 of 168
SUGGESTED ANSWER: Education; Academic Freedom (2013)
FALSE. Under Section 15(3) of the No.VIII. Bobby, an incoming third year
Ombudsman Act, the Ombudsman has college student, was denied admission by
the power to ensure compliance with the his university, a premiere educational
imposition of penalty on public officers institution in Manila, after he failed in three
it finds at fault by virtue of its (3) major subjects in his sophomore year.
disciplinary authority (Office of the The denial of admission was based on the
Ombudsman vs. Madriaga, 503 SCRA 631 university's rules and admission policies.
[2006]).
Unable to cope with the depression that his
non-admission triggered, Bobby committed
suicide. His family sued the school for
ARTICLE XII National
damages, citing the school's grossly
Economy and Patrimony unreasonable rules that resulted in the
denial of admission. They argued that these
Acquisition of Lands (2009)
rules violated Bobby's human rights and
No.XI. a. Aliens are absolutely prohibited the priority consideration that the
from owning private lands in the Constitution gives to the education of the
Philippines. youth.
SUGGESTED ANSWER:
You are counsel for the university. Explain
FALSE. Aliens can acquire private lands your arguments in support of the
in the Philippines through hereditary university's case. (6%)
succession (intestate succession only
[Sec. 7, Art. XII]) and former natural-born SUGGESTED ANSWER:
citizens can also be a transferee but with
limitations. 5,000 square meters for I shall argue that under Article XIV,
urban and 3 hectares for rural (Sec.8 Art. Section 5(2) of the 1987 Constitution,
XII). the educational institution enjoys

academic freedom. Academic freedom
includes its rights to prescribe academic
standards, policies and qualification for
ARTICLE XIV Education,
the admission of a student (University of
Science, and Technology, San Agustin, Inc. vs. Court of Appeals,
230 SCRA 761).
Arts
Page 81 of 168

ARTICLE VI Legislative Department: Political Law Q&As (2007-2013)

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ARTICLE VI Legislative Department: Political Law Q&As (2007-2013)

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Political Law Q&As (2007-2013) hectorchristopher@yahoo.

in cases before labor tribunals and before

Department case against the Congressman before the

As part of the party's advocacy and Being a congressman, Atty. Abling is

services, Congressman Abling engages in disqualified under Article VI, Section 14

the workers and the Congressman makes it involvement in collective bargaining

negotiations where he actively participates.

No. XX. Define/Explain provides that every statute is

subsidiary consequences as may be fairly SUGGESTED ANSWER

Philippines, Inc. v. Secretary of Labor, over the petition. The Presidential

312 SCRA 104, 117 [1999]). Electoral Tribunal is not simply an

and the House of Representatives provided that there is an explicit subject

would violate their constitutional right Investigations in Aid of Legislation;

No. XVIII. The House Committee on

Law-Making; Conflict of Interest (2010) The law is constitutional. Section 12,

SUGGESTED ANSWER: Department implementing rules. Mang

the constitution permits item veto on Oversight Committee to screen beneficiaries

revenue, tariff, and appropriation bill. constitutional? Decide with Reasons.

And although it is not a appropriation,

the bill. Committee to screen beneficiaries is

NO. True that the Oversight power of

No.VI. The Poverty Alleviation and enacted is fully implemented. But to

capacity of the most marginalized families is an unfair interference with the

Party-list Representative; Formula party-list organizations at least

(a) The twenty percent allocation - the

(d) The first-party rule - additional seats

laws, rules or regulations relating

Appointing Power; Acting Appointments

should instead be designated as Acting

Ambassador. His ad interim appointment and agencies, including government-owned

SUGGESTED ANSWER: President to take over any public utility

There is no violation of the Constitution.

SUGGESTED ANSWER: The President should be overruled. She

branch ratifies a treaty by 2/3 vote concurrence of a majority of all the

Privilege; Presidential Communications

No. VIII. Distinguish “presidential

Jurisprudence laid down 2 kinds of

No, I will not give credit for judicial (2013)

service to the NLRC Commissioner,

disappearance. Conrad's disappearance? (6%)

(A) Did Vannie's counsel give the correct SUGGESTED ANSWER:

legal advice? (6%)

SUGGESTED ANSWER: responsible for the disappearance of

(Navia vs. Pardico, 673 SCRA 618).

ALTERNATIVE ANSWER: pinpoint criminal culpability for a

ALTERNATIVE ANSWER: question the law. He may be prejudiced

instrumentality of the Government the right to trial by jury of an accused

jury members, and the methodology for jury (2%)

deliberations. Is the law constitutional?

SUGGESTED ANSWER: The Presidential Electoral Tribunal is

Congress cannot encroach to the SUGGESTED ANSWER

(b) Does the Ombudsman have authority to

SUGGESTED ANSWER SUGGESTED ANSWER

Rotational Scheme (2010)

(a) What is the rational scheme of ARTICLE IX Civil Service

of the Commissioner and 5 of its appointed his wife, Amelia, as City

Appointment; Relatives (2010) officer, before the law is declared to be

SUGGESTED ANSWER: Discretionary Duty of a Public Officer

Treatise on the Law on Public Offices Security of Tenure (2010)

TRUE. There is a need for another

ALTERNATIVE ANSWER: (2012)

The statement is true as under Section