Professional Documents
Culture Documents
Political Law Compilation Bar Q A 1987 2017 PDF
Political Law Compilation Bar Q A 1987 2017 PDF
*I do not own any of the materials I’ve compiled in this pdf file. It’s all found in the
internet, just have the patience to look for it since it’s scattered. Giving credits to the
authors of these materials. So sharing all of it for free to all my fellow law students. - Bek
MATERIALS COMPILED:
1) 1987-2006 -> https://www.academia.edu/
7838869/
Bar_Questions_and_Answers_Political_Law_1987_-
_2006
2) 2007-2013 -> https://www.academia.edu/
17187592/Political-Law-Philippine-Bar-Examination-
Questions-and-Suggested-Answers
3) 2014 -> https://www.scribd.com/document/
354434183/2014-Bar-Exams-Suggested-Answers
4) 2015 -> https://www.academia.edu/
27218891/2015_Bar_Questions_and_Suggested_Ans
wers_-_POLITICAL_LAW
5) 2016 -> https://www.slideshare.net/
arthurjohngarraton/suggested-answer-to-the-2016-
bar-examinations-political-law
6) 2017 -> https://www.scribd.com/document/
366322352/2017-Political-Law-Bar-Qa-Final
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
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.
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
The Authors
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 the
of convenience. internal waters of the Philippines.
SUGGESTED ANSWER: SUGGESTED ANSWER:
FLAG STATE means a ship has the nationality TERRITORIAL SEA is an adjacent belt of sea
of the flag of the state it flies, but there must be with a breadth of 12 nautical miles measured
a 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
State Principles & Policies (1994) Section 6, Art. XIII of the Constitution provides:
No. 1; What is the state policy on: The State shall apply the principles of
a) working women? AGRARIAN REFORM or stewardship,
b) ecology? whenever applicable in accordance with law, in
c) the symbols of statehood? the 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 and
maternal functions, and such facilities and farm workers in its own agricultural estates
opportunities that will enhance their welfare and which shall be distributed to them in the manner
enable them to realize their full potential in the 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 cultures, traditions, and institutions. It shall
with the rhythm and harmony of nature."
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 23
consider these rights in the formulation of Section 12, Article XIV of the Constitution
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
and development." NOTE: It is suggested that if an examinee gave a substantive
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 quoted/discussed by the examinee should be sufficient for him
in part: "The sustained development of a to be given full credit.
reservoir of NATIONAL TALENTS consisting of
Filipino scientists, entrepreneurs, professionals, Transparency; Matters of Public Interest
managers, high-level technical manpower and (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 public
encourage appropriate technology and regulate interest? Explain.
Its 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 Constitution
INSTITUTIONS) shall inculcate patriotism and 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 implements a policy of full disclosure of all
the 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 to
thinking, broaden scientific and technological information on matters of public concern
knowledge, and promote vocational efficiency." shall be recognized, Access to official
records, and to documents, and papers
Section 10. Article XIV of the Constitution pertaining to official acts, transactions, or
declares: "SCIENCE and TECHNOLOGY are decisions, as well as to government
essential for national development and research data used as basis for policy
progress. The State shall give priority to development, shall be afforded the citizen,
research and development, invention, subject to such limitations as may be
innovation, and their utilization; and to science 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
their application to the country's productive of 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
Section 11, Article XIV of the Constitution be audited by the Commission on Audit
provides: "The Congress may provide for which shall publish annually an itemized list
incentives, including TAX DEDUCTIONS, to of amounts paid to and expenses incurred
encourage private participation in programs of for 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
Subsequently, the RTC affirmed the decision of How would you rule on A's motion if you were
the MTC relative to the abandonment of one's the Judge?
victim charge. Joe filed a petition for review SUGGESTED ANSWER:
before the Court of Appeals, invoking his right If I were the judge, I would grant the motion.
to double Jeopardy, contending that the The dismissal of the first case for failure of the
prosecution for abandonment under Art. 275 of witnesses to appear terminated the first
the Revised Penal Code is a bar to the jeopardy. As held in Caes vs. Intermediate
prosecution for negligence under Article 365 of Appellate Court, 179 SCRA 54, the dismissal of
the same Code. Decide. a 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 1000 bars his prosecution for violation of
of the Revised Penal Code is a bar to his Republic Act No. 500. Under Section 21, Article
prosecution for negligence under Article 365 of in of the Constitution, if an act is punished by a
the Revised Penal Code. As held in Lamera v. law and an ordinance, conviction or acquittal
Court of Appeals, 198 SCRA 186, there is no under either bars another prosecution for the
double jeopardy, because these two offenses same act.
are not identical. Reckless imprudence is a ALTERNATIVE ANSWER:
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 31
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 Gerald's contentions? Explain. (4%)
not give rise to double jeopardy. The dismissal SUGGESTED ANSWER:
of the first case is arbitrary and denied the Geralde cannot invoke double jeopardy.
prosecution due process of law. The trial was According to Perez v. Court of Appeals, 168
set five days after the arraignment. There was SCRA 236, there is no identity between
no sufficient time to subpoena the witnesses consented abduction and qualified seduction.
and this was the first time the witnesses failed
to appear. As held in People vs. Declaro 170 CONSENTED ABDUCTION requires that the
SCRA 142, the dismissal of a case for failure of taking away of the offended party must be with
the witnesses to appear at the initial hearing is her consent, after solicitation or cajolery from
arbitrary and void and does not give rise to the offender, and the taking away of the
double jeopardy. offended party must be with lewd designs. On
the other hand, QUALIFIED SEDUCTION
Double Jeopardy (1999) requires that the crime be committed by abuse
A. Discuss the right of every accused against of authority, confidence or relationship and the
double jeopardy? (2%) offender had sexual intercourse with the
SUGGESTED ANSWER: woman.
According to Melo v. People, 85 Phil. 766, the
rule of double jeopardy means that when a The delay in filing the second case does not
person was charged with an offense and the constitute pardon, according to Article 344 of
case was terminated by acquittal or conviction the Revised Penal Code, to be valid the pardon
or in any other manner without his consent, he of the offender by the offended party must be
cannot again be charged with the same or expressly given.
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 court's
promises (of marriage) just to accomplish his assailed dismissal of the case place the
lewd designs." Years later, Virginia brought 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
ground of double jeopardy, which motion and not violate the right of the accused to speedy
his subsequent motion for reconsideration were trial, the precipitate dismissal of the case is
denied: Question: May Geralde validly invoke void. The reversal of the dismissal will not
double jeopardy in questioning the institution of place the accused in double Jeopardy.
the case for Qualified Seduction? He placed ALTERNATIVE ANSWER:
reliance principally on the "same evidence" b) Since the dismissal of the case is valid, its
test to support his stance. He asserted that reversal will place the accused in double
the offenses with which he was charged arose jeopardy.
from the same set of facts. Furthermore, he
averted that the complaint for Qualified Double Jeopardy (2001)
Seduction is barred by waiver and estoppel on No X - For the death of Joey, Erning was
the part of the complainant, she having opted to charged with the crime of homicide before the
consider the case as consented abduction. Regional Trial Court of Valenzuela. He was
Finally, he argued that her delay of more than arraigned. Due to numerous postponements of
eight (8) years before filing the second case the scheduled hearings at the instance of the
against him constituted pardon on the part of prosecution, particularly based on the ground of
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 32
unavailability of prosecution witnesses who an ordinance, conviction or acquittal under
could not be found or located, the criminal case either shall constitute a bar to another
was pending trial for a period of seven years. prosecution for the same act. In this case, the
Upon motion of accused Erning who invoked same act is involved in the two cases. The
his right to speedy trial, the court dismissed the reckless imprudence which resulted in physical
case. injuries arose from the same act of driving
under the influence of liquor. In Yap v. Lutero,
Eventually, the prosecution witnesses surfaced, G.R. No. L-12669, April 30, 1959, the Supreme
and a criminal case for homicide, involving the Court held that an accused who was acquitted
same incident was filed anew against Erning. of driving recklessly in violation of an ordinance
Accused Erning moved for dismissal of the could not be prosecuted for damage to property
case on the ground of double jeopardy. The through reckless imprudence because the two
prosecution objected, submitting the reason charges were based on the same act. In People
that it was not able to present the said v, Relova, 148 SCRA 292 (1987), it was held
witnesses earlier because the latter went into that when there is identity in the act punished
hiding out of fear. Resolve the motion. (5%) by a law and an ordinance, conviction or
SUGGESTED ANSWER: acquittal under either shall bar prosecution
The motion should be granted. As held in Caes under the other.
us. Intermediate Appellate Court, 179 SCRA 54 SECOND ALTERNATIVE ANSWER:
(1989), the dismissal of a criminal case There is no double jeopardy because the act
predicated on the right of the accused to a penalized under the Revised Penal Code is
speedy trial amounts to an acquittal for failure different from the act penalized by the
of 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 Double Jeopardy; Requisites (1999)
in 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 (3) the second is for the same offense.
for reckless imprudence resulting in physical
injuries under the Revised Penal Code. With A first jeopardy attaches:
regard to the second case (i.e., violation of the 1. upon a valid complaint or information;
city ordinance), upon being arraigned, he filed a 2. before a competent court;
motion to quash the information invoking his 3. after arraignment;
right against double jeopardy. He contended 4. a valid entry of plea; and
that, 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 without the express consent of the accused.
an 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 No VIII - B. On April 6, 1963, Police Officer
two criminal charges against him stemmed from Mario Gatdula was charged by the Mayor with
the same act of driving allegedly under the Grave Misconduct and Violation of Law before
influence 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 33
him, and a re-investigation was conducted. The received the evidence, in violation of the "He
office of the Fiscal subsequently recommended who decides must hear" rule. Is he correct?
dismissal. On January 11, 1966, the City Mayor 2) On the ground that there was a violation of
returned the records of the case to the City due process because the complainants, the
Fiscal for the submission of an appropriate prosecutor and the hearing officers were all
resolution but no resolution was submitted. On subordinates of the BID Commissioners who
March 3, 1968, the City Fiscal transmitted the rendered the deportation decision. Is he
records to the City Mayor recommending that correct?
final action thereon be made by the City Board SUGGESTED ANSWER:
of Investigators (CBI). Although the CBI did 1) No, Stevie is not correct. As held in Adamson
not conduct an investigation, the records show A Adamson, Inc. vs. Amores, 152 SCRA 237,
that both the Municipal Board and the Fiscal's administrative due process does not require
Office exhaustively heard the case with both that the actual taking of testimony or the
parties afforded ample opportunity to adduce presentation of evidence before the same
their evidence and argue their cause. The officer who will decide the case.
Police Commission found Gatdula guilty on the
basis of the records forwarded by the CBI. In American Tobacco Co. v. Director of Patents,
Gatdula challenged the adverse decision of the 67 SCRA 287, the Supreme Court has ruled
Police Commission theorizing that he was that so long as the actual decision on the merits
deprived of due process. Questions: Is the of the cases is made by the officer authorized
Police Commission bound by the findings of the by law to decide, the power to hold a hearing on
City Fiscal? Is Gatdula's protestation of lack or the basis of which his decision will be made can
non-observance of due process well-grounded? be delegated and is not offensive to due
Explain 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
Police Commission is not prohibited from the requirements of due process and fair trial
making its own findings on the basis of its own are 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 makes the determinations must consider and
the 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 them. What is important is that Stevie was not
the findings, report and recommendation of the deprived of his right to present his own case
Board 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
1) On the ground that Stevie was denied due of the case, and did not simply accept the views
process because the BID Commissioners who of their subordinates in arriving at a decision.
rendered the decision were not the ones who
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 34
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 were all under Fred Torre, sent a complaint to
and a warrant of Seizure and Detention was management accusing Torre of abusive
issued after due investigation. In the course of conduct and mismanagement. Furnished with
the forfeiture proceedings, the ship captain and a copy of the complaint, Torre denied the
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 sides of the controversy. However, no
the 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
Decide. then submitted a report sustaining the charges
SUGGESTED ANSWER: of the lawyers. The Board Chairman wrote
The admission of the statements of the captain Torre to inform him that the bank had chosen
and the shipping agent as evidence did not the compassionate option of "waiting" for
violate due process even if they were not Torre's resignation. Torre was asked, without
assisted by counsel. In Feeder International being dismissed, to turn over the documents of
Line, Pts. Ltd. v. Court of Appeals, 197 SCRA all cases handled by him to another official of
842, It was held that the assistance of counsel the bank but Torre refused to resign and
is not indispensable to due process in forfeiture requested for a "full hearing". Days later, he
proceedings since such proceedings are not reiterated his request for a "full hearing",
criminal in nature. claiming that he had been "constructively
dismissed". Moret assured Torre that he is "free
Moreover, the strict rules of evidence and to remain in the employ of the bank" even if he
procedure will not apply in administrative has no particular work assignment. After
proceedings like seizure and forfeiture another request for a "full hearing" was ignored,
proceedings. What is important is that the Torre filed a complaint with the arbitration
parties are afforded the opportunity to be heard branch of NLRC for illegal dismissal. Reacting
and the decision of the administrative authority thereto, the bank terminated the services of
is based on substantial evidence. Torre. Questions: (a) Was Torre "constructively
dismissed" before he filed his complaint? (b)
Due Process; Media Coverage during Given the multiple meetings held among the
Hearing (1996) bank officials, the lawyers and Torre, is it
No 2: At the trial of a rape case where the correct for him to say that he was not given an
victim-complainant was a well known opportunity to be heard? Explain your answers.
personality while the accused was a popular (4%)
movie star, a TV station was allowed by the trial SUGGESTED ANSWER:
judge to televise the entire proceedings like the a) Torre was constructively dismissed, as held
O.J. Simpson trial. The accused objected to the in Equitable Banking Corporation v. National
TV coverage and petitioned the Supreme Court Labor Relations Commission, 273 SCRA 352.
to prohibit the said coverage. Allowing an employee to report for work without
As the Supreme Court, how would you rule on being assigned any work constitutes
the petition? Explain. constructive dismissal.
SUGGESTED ANSWER:
The Supreme Court should grant the petition. In b) Torre is correct in saying that he was not
its Resolution dated October 22, 1991, the given the chance to be heard. The meetings in
Supreme Court prohibited live radio and the nature of consultations and conferences
television coverage of court proceedings to cannot be considered as valid substitutes for
protect the right of the parties to due process, the proper observance of notice and hearing.
to prevent the distraction of the participants in
Due Process; Notice by Publication (1988)
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 35
No. 9: Macabebe, Pampanga has several No, it is not a property right under the due
barrios along the Pampanga river. To service process clause of the Constitution. Just like
the needs of their residentst the municipality ordinary licenses in other regulated fields, it
has been operating a ferry service at the same may be revoked any time. It does not confer an
river, for a number of years already. absolute right, but only a personal privilege,
subject to restrictions. A licensee takes his
Sometime in 1987, the municipality was served license subject to such conditions as the
a copy of an order from the Land Tansportation Legislature sees fit to impose, and may be
Franchising and Regulatory Board (LTFRB), revoked at its pleasure without depriving the
granting a certificate of public convenience to licensee of any property (Chavez v. Romulo,
Mr. Ricardo Macapinlac, a resident of 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 General Manager issued an administrative
of Macapinlac shows that the application was order to the effect that all existing regular
filed 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 only for a term of one year from date of
a 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
2. For failure of Macapinlac to secure approval it violated the harbor pilots' right to exercise
of the Sangguniang Bayan for him to their profession and their right to due process of
operate a ferry service in Macabebe, law and that the said administrative order was
Resolve the two points in the petition with issued without prior notice and hearing. The
reasons. PPA countered that the administrative order
SUGGESTED ANSWER: was valid as it was issued in the exercise of its
The petition for certiorari should be granted, administrative control and supervision over
1. As a party directly affected by the operation harbor pilots under PPA's legislative charter,
of the ferry service, the Municipality of and that in issuing the order as a rule or
Macabebe, Pampanga was entitled to be regulation, it was performing its executive or
directly notified by the LTFRB of its legislative, and 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 and
municipal ferry service. Notice by publication substantive due process of law. Was there, or,
was not enough. (Municipality of Echague v. was there no violation of the harbor pilots' right
Abellera, 146 SCRA 180 (1986)). 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 The right of the harbor pilots to due process
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
Outside Residence (Q6-2006) a property right protected by the guarantee of
3. Does a Permit to Carry Firearm Outside due process. The pre-evaluation cancellation of
Residence (PTCFOR) constitute a property the 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 36
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 without previous notice and hearing, cannot
the 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. Substantive lasted for one month, to ask for teachers'
(1999) 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
1.) A law violates substantive due process of 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:
Tuvera, 146 SCRA 446, due process requires (b) They were deprived of due process of law
that the law be published. as the Investigating Committee was improperly
constituted because it did not include a teacher
2.) In State Prosecutors v. Muro, 236 SCRA in representation of the teachers' organization
505, it was held that the dismissal of a case as 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, The teachers were deprived of due process of
262 SCRA 452, the lack of impartiality of the law. Under Section 9 of the Magna Carta for
judge who will decide a case violates Public School Teachers, one of the members of
procedural due process. the 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
No 7 - On 29 July 1991. the Energy Regulatory of 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
petroleum products over a period of one (1) by the organization itself and not by the
year starting 15 August 1991, over the objection Secretary of Education, Culture and Sports.
of the oil companies which claim that the period Since in administrative proceedings, due
covered is too long to prejudge and foresee. Is process requires that the tribunal be vested with
the 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 member of the committee was not appointed in
a hearing. The resolution here is not a accordance with the law, any proceeding before
provisional order and therefore it can only be
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 37
it is tainted with deprivation of procedural due defense presented in his behalf will be
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 to
October 6, 1987, after normalcy had returned movies or other public exhibitions, games or
and the Government had full control of the performances which would charge children
situation, the National Telecommunications between 7 and 12 years of age the full price of
Commission, without notice and hearing, but admission tickets instead of only one-half of the
merely on the basis of the report of the military, amount thereof. Would you hold the ordinance
cancelled the franchise of station XX. a valid exercise of legislative power by the
Discuss the legality of: 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
Broadcasting Corp. (DYRE) v. Dans, 137 SCRA ticket is a property right and may be sold for
647 (1985), the cardinal primary requirements such price as the owner of it can obtain. There
in administrative proceedings (one of which is is nothing pernicious in charging children the
that the parties must first be heard) as laid same price as adults.
down in Ang Tibay v. CIR, 69 Phil. 635 (1940)
must be observed in closing a radio station Due Process; Suspension of Driver's
because 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
appeal, his conviction was affirmed by the Court be used, in any legal proceeding against him.
of Appeals. After the records of his case had Furthermore, declaring that the issuance of a
been 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 drive motor vehicles on public roads, the law
date for the promulgation of judgment, the provides that a driver who refuses to take the
accused filed a motion with the Court of test shall be automatically subject to a 90-day
Appeals to set aside the entry of judgment, and suspension of his driver's license,
to remand the case to the Regional Trial Court
for new trial on the ground that he had just Cite two [2] possible constitutional objections to
discovered that "Atty. Leonilo Maporma" whom this law. Resolve the objections and explain
he had chosen and who had acted as his whether any such infirmities can be cured.
counsel before the trial court and the Court of SUGGESTED ANSWER:
Appeals, is not a lawyer. Resolved the motion Possible objections to the law are that requiring
of the accused with reasons. a driver to take the breathalyzer test will violate
SUGGESTED ANSWER: his right against self-incrimination, that
The motion should be granted and the entry of providing for the suspension of his driver's
judgment should be set aside. An accused is license without any hearing violates due
entitled to be heard by himself or counsel. (Art. process, and that the proposed law will violate
III, sec. 14(2)). Unless he is represented by an the right against unreasonable searches and
attorney, there is a great danger that any seizures, because it allows police authorities to
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 38
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 applies
ALTERNATIVE ANSWER: exclusively to a particular party and is
Requiring a driver to take a breathalyzer test predicated on a finding of fact, partakes of the
does not violate his right against self- nature of a quasi judicial, rather than legislative,
incrimination, because he is not being 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 the cost of fuel. The power of the Public Service
held for this reason that requiring a driver to Commission to grant such increase was upheld
take a blood-alcohol test is valid. in 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 unpaid supervisory fees under the Public
who refuses to take the breathalyzer test may Service Act cannot be sustained. The company
be suspended immediately pending a post- has a right to be heard, before it may be
suspension hearing, but there must be a ordered to pay. (Ang Tibay v. CIR, 69 Phil. 635
provision for a post-suspension hearing. Thus, (1940))
to save the proposed law from The third order can be justified. The fact that
unconstitutionally on the ground of denial of due the TRB has allowed a provisional rate increase
process, it should provide for an immediate does not bind it to make the order permanent if
hearing upon suspension of the driver's license. the evidence later submitted does not justify
The proposed law violates the right against increase but, on the contrary, warrants the
unreasonable searches and seizures. It will reduction of rates.
authorize police authorities to stop any driver
and ask him to take the breathalyzer test even Eminent Domain; Garnishment (1994)
in the absence of a probable cause. No. 14: The Municipality of Antipolo, Rizal,
expropriated the property of Juan Reyes for use
Due Process; Urgent Public Need (1987) as 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
before the Transportation Regulatory Board. of 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, collect the balance?
TRB 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 stated in Tan Toco vs. Municipal Counsel of
for 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 the accordance with the Municipality of Makati vs.
present constitutional system the Court of Appeals, 190 SCRA 206, the remedy
Transportation Regulatory Board can be validly of Juan Reyes is to file a petition for mandamus
conferred the powers exercised by it in issuing to compel the Municipality of Antipolo to
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, 2) Pursuant to the ruling in Pasay City
and therefore, as a general rule, the cardinal Government vs. Court of First Instance of
primary rights enumerated in Ang Tibay v. CIR, Manila, 132 SCRA 156, since the Municipality
69 Phil. 635 (1940) must be observed. In Vigart of Antipolo has appropriated P1,000,000 to pay
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 39
for the lot, its bank account may be garnished (2) As the judge, rule on the said objections.
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 in and that the ordinance cannot fix the
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, public the taking of the property of C Company to
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 private purpose. As the Court indicated in a
the 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 derived from its operation can be used for
by Mang Pandoy. The government neither filed housing projects is a taking for a private
any 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 dismiss judicial determination of the price for the simple
the case on the ground that the State is reason that many factors, some of them
immune from suit. Mang Pandoy filed an supervening, cannot possibly be considered by
opposition. the legislature at the time of enacting the
Resolve the motion. (5%) ordinance. There is greater reason for nullifying
SUGGESTED ANSWER: the 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 construction. The original cost of construction
is deemed to have waived its immunity from may be lower than the fair market value, since
suit. Otherwise, the constitutional guarantee the cost of construction at the time of
that private property shall not be taken for expropriation may have increased.
public 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 Benefit operation is intended for the development of the
(1990) vacant portion for socialized housing, which is
No. 2: The City of Cebu passed an ordinance clearly a public purpose.
proclaiming the expropriation of a ten (10)
hectare property of C Company, which property Eminent Domain; Just Compensation (1988)
is already a developed commercial center. The No. 8: Mr. Roland Rivera is the owner of four
City proposed to operate the commercial center lots sought to be expropriated by the Export
in order to finance a housing project for city Processing Zone Authority for the expansion of
employees in the vacant portion of the said the export processing zone at Baguio City. The
property. The ordinance fixed the price of the same parcels of land had been valued by the
land and the value of the improvements to be Assessor at P120.00 per square meter, while
paid C Company on the basis of the prevailing Mr. Rivera had previously fixed the market
land value and cost of construction. value of the same at P100 per square meter.
(1) As counsel for C Company, give two The Regional Trial Court decided for
constitutional objections to the validity of expropriation and ordered the payment to Mr.
the ordinance. Rivera at the rate of P100 a square meter
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 40
pursuant to Presidential Decree No. 1533, wrong. Secondly, the determination of just
providing that in determining just compensation compensation in expropriation cases is a
for 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
paid shall not exceed the value declared by the not be taken for public use without just
owner or determined by the Assessor, pursuant compensation, no law can mandate that its
to the Real Property Tax Code, whichever value determination as to the just compensation shall
is 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
evaluate all evidence on the real value of the the Regional Trial Court fixed the compensation
property, at the time of its taking by the for 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. In
SUGGESTED ANSWER: Municipality of Paoay vs Manaois, 86 Phil 629.
The decision of the lower court should be 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 proprietary capacity as treated by the
on 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
technically have the power to determine the just and sold under an ordinary execution."
compensation for property under the Decree,
the court's task would be relegated to simply If the City of Cebu does not have patrimonial
stating the lower value of the property as properties, the remedy of Carlos Topico is to file
declared either by the owner or by the a petition for mandamus to compel it to
assessor. Just compensation means the value appropriate money to satisfy the Judgment. In
of the property at the time of the taking. It Municipality Makati vs. Court of Appeals, 190
means a fair and full equivalent for the loss SCRA 206, 213. the Supreme Court said:
sustained. To determine it requires "Where a municipality falls or refuses,
consideration of the condition of the property without justifiable reason, to effect
payment of a final money judgment
and its surrounding, its improvements and
rendered against it, the claimant may
capabilities.
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. 1. He can file the money claim with the
Can the landowner successfully challenge the Commission on Audit.
law in 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, computation of interest on just compensation?
149 SCRA 305, such a law is unconstitutional. SUGGESTED ANSWER:
First of all, it violates due process, because it As held in National Power Corporation vs.
denies to the landowner the opportunity to Angas. 208 SCRA 542, in accordance with
prove that the valuation in the tax declaration is Article 2209 of the Civil Code, the legal interest
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 41
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 Nonetheless, the Municipality of Santa, through
and is limited to loans, since its issuance is its Mayor, filed a complaint for eminent domain.
based on Presidential Decree No, 116, which Christina opposed this on the following
amended the Usury Law. grounds:
1. the Municipality of Santa has no power to
Eminent Domain; Non-observance of the expropriate;
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 power of eminent domain is explicitly
by Madlangbayan on the following grounds: a) granted to the municipality, but must be
that the lot is not a vast tract; b) that those to be exercised through an ordinance rather than
benefited by the expropriation would only be the through a resolution. (Municipality
members of the religious sect of its founder, ofParanaque v. V.M. Realty Corp., G.R. No.
and c) that the NHC has not initiated the 127820, July 20, 1998)
expropriation of birthplaces of other more
deserving historical personalities. Resolve the b) The Sangguniang Panlalawigan of Ilocos
opposition raised by Madlangbayan. (5%) Sur was without the authority to disapprove
SUGGESTED ANSWER: Resolution No. 1 as the municipality clearly
The arguments of Madlangbayan are not has 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 resolution. The only ground upon which a
of vast tracts of the land. The expropriation of provincial board may declare any municipal
the lot to preserve it as the birthplace of the resolution, ordinance or order invalid is
founder of the religious sect because of his role when such resolution, ordinance or order is
in 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
restricted to the traditional concept. The fact is not the situation in this case. (Moday v.
that the expropriation will benefit the members Court of Appeals, G.R. No. 107916,
of the religious sect is merely incidental. The February 20, 1997)
fact that other birthplaces have not been
expropriated is likewise not a valid basis for c) The question of whether there is genuine
opposing the expropriation. As held in J.M. necessity for the expropriation of Christina's
Tuason and Company, Inc. v. Land Tenure lot or whether the municipality has other
Administration, 31 SCRA 413 (1970), the and better lots for the purpose is a matter
expropriating authority is not required to adhere that will have to be resolved by the Court
to the policy of "all or none". upon presentation of evidence by the
parties to the case.
Eminent Domain; Power to Exercise (2005)
(10-2) The Sangguniang Bayan of the Eminent Domain; Public Use (1987)
Municipality of Santa, Ilocos Sur passed No. XVI: In January 1984, Pasay City filed
Resolution No. 1 authorizing its Mayor to initiate expropriation proceedings against several
a petition for the expropriation of a lot owned by landowners for the construction of an aqueduct
Christina as site for its municipal sports center. for flood control in a barangay. Clearly, only the
This was approved by the Mayor. However, the residents of that barangay would be benefited
Sangguniang Panlalawigan of Ilocos Sur by the project.
disapproved the Resolution as there might still As compensation, the city offered to pay only
the amount declared by the owners in their tax
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 42
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 Pasig
The landowners oppose the expropriation on 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 require the City of Pasig to first secure
tax declarations or the value determined by authority from said Department before
the assessor, whichever is lower. converting the use of the land from
agricultural to housing? Explain.
If you were judge, how would you rule on the SUGGESTED ANSWER:
issue? Why? a) No, the owner of the property cannot oppose
SUGGESTED ANSWER: the expropriation on the ground that only 200
(a) The contention that the taking of private out of more than 10,000 squatter families in
property for the purpose of constructing an Pasig City will benefit from the expropriation. As
aqueduct for flood control is not for public use" held in Philippine Columbian Association vs.
is untenable- The idea that "PUBLIC USE" Pants, 228 SCRA 668, the acquisition of private
means exclusively use by the public has been property for socialized housing is for public use
discarded. As long as the purpose of the taking and the fact that only a few and not everyone
is public, the exercise of power of eminent will benefit from the expropriation does not
domain is justifiable. Whatever may be detract from 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
Decrees providing that in determining just to Province of Camarines Sur vs. Court of
compensation the value stated by the owner in Appeals, 222 SCRA 173, there is no provision
his 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
G.R. No. 59603, April 29, 1987, it was held that the Department of Agrarian Reform and to
this 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 the
reduced to simply determining the lower value judge validly withhold issuance of the writ of
of the property as declared either by the owner possession until full payment of the final value
or by the assessor. "JUST COMPENSATION" of the expropriated property?
means the value of the property at the time of SUGGESTED ANSWER:
the taking. Its determination requires that all No, the judge cannot validly withhold the
facts as to the condition of the property and its issuance of the writ of possession until full
surroundings and its improvements and payment of the final value of the expropriated
capabilities must be considered, and this can property. As held in National Power Corporation
only be done in a judicial proceeding. vs. Jocson, 206 SCRA 520. it is the rninisterial
duty of the Judge to issue the writ of
Eminent Domain; Socialized Housing (1996) possession upon deposit of the provisional
No. 4 - The City of Pasig initiated expropriation value of the expropriated property with the
proceedings on a one-hectare lot which is part National or Provincial Treasurer.
of a ten-hectare parcel of land devoted to the ALTERNATIVE ANSWER:
growing of vegetables. The purpose of the
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
which attacked other religions, the MTRCB a 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 to No. 12: Section 28. Title VI, Chapter 9, of the
court on the ground that the action of the Administrative Code of 1987 requires all
MTRCB suppresses its freedom of speech and educational institutions to observe a simple and
interferes with its right to free exercise of dignified flag ceremony, including the playing or
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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 47
would be held on Mondays at 7:30 a.m. during discretionary funds. Recently, however, the
class days. A group of teachers, students and Sangguniang Panlalawigan passed a resolution
pupils requested the Secretary that they be appropriating P100,000 as a special
exempted from attending the flag ceremony on discretionary fund of the Governor to be spent
the ground that attendance thereto was against by him in leading a pilgrimage of his
their religious belief. The Secretary denied the provincemates to Mecca, Saudi Arabia, Islam's
request. The teachers, students and pupils holiest city.
concerned went to Court to have the
memorandum circular declared null and void. Philconsa, on constitutional grounds, has filed
Decide the case. suit to nullify the resolution of the Sangguniang
SUGGESTED ANSWER: Panlalawigan giving the special discretionary
The teachers and the students should be fund to the Governor for the stated purpose.
exempted from the flag ceremony. As held in How would you decide the case? Give your
Ebralinag vs. Division Superintendent of 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
substantive evil which the State has a right to use, benefit or support of any system of
prevent. The refusal of the teachers and the religion, and, second, it contravenes art. VI,
students to participate in the flag ceremony sec, 25(6) which limits the appropriation of
does not pose a clear and present danger. discretionary funds only for public purposes.
The use of discretionary funds for purely
Freedom of Religion; Flag Salute (2003) religious purpose is thus unconstitutional, and
No III - Children who are members of a religious the fact that the disbursement is made by
sect have been expelled from their respective resolution of a local legislative body and not by
public schools for refusing, on account of their Congress does not make it any less offensive to
religious beliefs, to take part in the flag the Constitution. Above all, the resolution
ceremony which includes playing by a band or constitutes a clear violation of the Non-
singing the national anthem, saluting the establishment Clause (art. III, sec. 5) of the
Philippine flag and reciting the patriotic pledge. Constitution.
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, No. 10: Recognizing the value of education in
and religious freedom and worship. Decide the making the Philippine labor market attractive to
case. foreign investment, the Department of
SUGGESTED ANSWER: Education, Culture and Sports offers subsidies
The students cannot be expelled from school. to accredited colleges and universities in order
As held in Ebralinag v. The Division to promote quality tertiary education. The DECS
Superintendent of Schools of Cebu. 219 SCRA grants a subsidy to a Catholic school which
256 [1993], to compel students to take part in requires its students to take at least 3 hours a
the 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 b) Presuming that you answer in the negative,
of 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 were given solely in the form of laboratory
all 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
No. 7: - Tawi-Tawi is a predominantly Moslem in any accredited school of his choice,
province. The Governor, the Vice-Governor, whether religious or non-sectarian. Will
and members of its Sang-guniang Panlalawigan your answer be different?
are all Moslems. Its budget provides the SUGGESTED ANSWER:
Governor with a certain amount as his
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 48
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 Yes, the Commission on Audit was correct in
VI 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,
assistance to a sectarian school violates the or support of any priest. The only exception is
prohibition against the establishment of religion when the priest is assigned to the armed forces,
if it fosters an excessive government or 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 priest to minister to the spiritual needs of
a week of religious instructions, to ensure that overseas contract workers does not fall within
the financial assistance will not be used for the scope of any of the exceptions.
religious purposes, the government will have to
conduct a continuing surveillance. This involves Freedom of Speech; Ban on Tobacco AD
excessive entanglement with religion. (1992)
No. 1: Congress passes a law prohibiting
b) If the assistance would be in the form of television stations from airing any commercial
laboratory equipment in chemistry and physics, advertisement which promotes tobacco or in
it will be valid. The purpose of the assistance is any way glamorizes the consumption of
secular, i.e., the improvement of the quality of tobacco products.
tertiary education. Any benefit to religion is
merely incidental. Since the equipment can This legislation was passed in response to
only be used for a secular purpose, it is findings by the Department of Health about the
religiously neutral. As held in Tilton vs. alarming rise in lung diseases in the country.
Richardson, 403 U.S. 672, it will not involve The World Health Organization has also
excessive government entanglement with reported that U.S. tobacco companies have-
religion, for the use of the equipment will not shifted marketing efforts to the Third World due
require surveillance. 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, recently
2(3), Article XIV of the Constitution released an advertisement featuring model
requires the State to establish a system of Richard Burgos wearing Levy's jackets and
subsidies to deserving students in both public jeans and holding a pack of Marlboro
and private schools. However, the law is vague cigarettes.
and 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
involve using public funds to aid religion. the 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 ABN, a private corporation? Explain.
la Cruz, a Roman Catholic priest, was sent to b) May Cowboy Levy's, a private corporation,
that country by the President of the Philippines invoke the free speech guarantee in its
to minister to their spiritual needs. The travel 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, a) The constitutional prohibition against the
the Commission on Audit refused approval freedom of speech does not apply to ABN, a
thereof claiming that the expenditures were in private corporation. As stated in Hudgens vs.
violation of the Constitution. National Labor Relations Board, 424 U.S. 507,
the constitutional guarantee of freedom of
speech is a guarantee only against
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 49
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
Since ABN has a franchise, it may be there is no proof that the report was published
considered an agent of the government by with 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
damages for impairment of the freedom of his 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
in its favor. In First National Bank of Boston vs. it is a matter of public knowledge that there is
Bellotti, 435 U.S. 765, it was ruled that this no YY Street in Makati, the publication was
guarantee extends to corporations. In Virginia made with reckless disregard of whether or not
State Board of Pharmacy vs. Virginia Citizens it is false. The defendants may be held liable for
Consumer Council Inc., 425 U.S. 748, it was held damages.
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 Commission, without notice and hearing, but
XX received a house and lot located at YY merely on the basis of the report of the military,
Street, Makati, in consideration for his vote cancelled the franchise of station XX.
cutting cigarette taxes by 50%. The Senator Discuss the legality of:
sued the STAR, its reporter, editor and (a) The action taken against the station on
publisher for libel, claiming the report was August 28, 1987;
completely false and malicious. According to (b) The cancellation of the franchise of the
the Senator, there is no YY Street in Makati, station on October 6, 1987.
and the tax cut was only 20%. He claimed one SUGGESTED ANSWER:
million pesos in damages. The defendants (a) The closing down of Radio Station XX
denied "actual malice," claiming privileged during the fighting is permissible. With respect
communication and absolute freedom of the news media, wartime censorship has been
press to report on public officials and matters of upheld on the ground that "when a nation is at
public concern. If there was any error, the war many things that might be said in time of
STAR said it would publish the correction peace are such a hindrance to its efforts that
promptly. Is there "actual malice" in STAR'S their utterance will not be endured so long as
reportage? How is "actual malice" defined? Are men fight and that no Court could regard them
the defendants liable for damages? (5%) as 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 (Near v. Minnesota, 283 U.S. 697 (1931),
his 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 50
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
times of emergency be justified in the case of to 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) which was on appeal. The Court of Appeals
v, Dans, 137 SCRA 647 (1985) ). In FCC v. ordered Joy to transcribe her notes. She
Pacifica Foundation, 438 U.S. 726 (1978), it refused to comply with the order reasoning that
was held that "of all forms of communication, it she was no longer in the government service.
is broadcasting which has received the most The CA declared Joy in contempt of court and
limited First Amendment Protection." she was incarcerated. Joy filed a petition for
habeas corpus arguing that her incarceration is
Impairment Clause; Basic Human Rights tantamount to illegal detention and to require
(1992) her to work sans compensation would be
No. 2: Sheila, an actress, signed a two-year involuntary servitude. Decide.
contract with Solidaridad Films, The film SUGGESTED ANSWER:
company undertook to promote her career and Joy can be incarcerated for contempt of court
to 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
liable to refund to the film company a portion of it is the consequence of her disobedience of the
its promotion expenses. court order. Neither can she claim that to
a) Does this contract impair, or impinge upon, require her to work without compensation is
any constitutionally protected liberty of tantamount to involuntary servitude. Since
Sheila? Explain. courts have the Inherent power to Issue such
b) If Solidaridad Films tries to enforce this orders as are necessary for the administration
contract judicially, will this constitutionally of Justice, the Court of Appeals may order her
protected liberty prevail? Explain. to transcribe her stenographic notes even if she
SUGGESTED ANSWER: is no longer In the government service.
a) Yes, the contract impairs the right of Sheila
to marry and to procreate. The case of Loving Liberty of Abode; Limitations (1998)
vs. Virginia, 388 U.S. 1 and Zablocki vs. No VIII - Juan Casanova contracted Hansen's
Redhail 434 U.S. 374 recognized the right to disease (leprosy) with open lesions. A law
marry is a basic civil right. Likewise, the case requires that lepers be isolated upon petition of
of Skinner vs Oklahoma, 316 U.S. 535 the City Health Officer. The wife of Juan
recognized that the right to procreate is a basic Casanova wrote a letter to the City Health
civil right. These rights are part of the liberty Officer to have her formerly philandering
protected by the due process clause in Section husband confined in some isolated leprosarium.
1. Article 1 of the Constitution. Juan Casanova challenged the constitutionality
of the law as violating his liberty of abode. Will
b) Yes, the constitutionally protected liberty of the suit 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 III
human rights is void. What Solidaridad Films 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
Philippine Blooming Mills Employees law shall not be impaired except upon
Organization vs. Philippine Blooming Mills, Inc., lawful order of the court."
51 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 51
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
from society, and that compulsory by the police, to remove all advertising signs
segregation of lepers as a means of displayed or exposed to public view in the main
preventing the spread of the disease is city 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 the destroyed billboards at their current market
inhabitants of the island which would be the value since the City has appropriated them for
target of attack by government forces to the public purpose of city beautification. The
evacuate the area and offered the residents Mayor refuses to pay, so AM is suing the City
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
No, the military commander cannot compel the the billboards is not an exercise of the power of
residents to transfer their places of abode eminent domain but of police power (Churchill
without a court order. Under Section 6, Article v. Rafferty, 32 Phil. 580 [19150- The abatement
III of the Constitution, a lawful order of the court of a nuisance in the exercise of police power
is required before the liberty of abode and of does not constitute taking of property and does
changing the same can be impaired. not entitle the owner of the property involved to
ALTERNATIVE ANSWER; compensation. (Association of Small
Yes, the military commander can compel the Landowners in the Philippines, Inc. v. Secretary
residents to transfer their places of abode of Agrarian Reform, 175 SCRA 343 [1989]).
without a court order. If there is no reasonable
time to get a court order and the change of SECOND ALTERNATIVE ANSWER:
abode is merely temporary, because of the The removal of the billboards for the purpose of
exigency, this exercise of police power may be beautification permanently deprived AM of the
justified. right to use his property and amounts to its
taking. Consequently, he should be paid just
Non-Imprisonment for Non-Payment of Debt compensation. (People v. Fajardo, 104 Phil. 443
(1993) 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 proceeds No. 1: Congress passes a law prohibiting
of the sale or to return the goods if not sold to television stations from airing any commercial
the entrustee-bank, the entrustee is liable for advertisement which promotes tobacco or in
estafa under the RPC. Does this provision not any way glamorizes the consumption of
violate the constitutional right against tobacco products.
imprisonment for non-payment of a debt?
Explain. This legislation was passed in response to
SUGGESTED ANSWER: findings by the Department of Health about the
No, Section 13 of Presidential Decree No. 115 alarming rise in lung diseases in the country.
does not violate the constitutional right against The World Health Organization has also
imprisonment for non-payment of a debt. As reported that U.S. tobacco companies have-
held in Lee vs. Rodil, 175 SCRA 100, the shifted marketing efforts to the Third World due
criminal liability arises from the violation of the to dwindling sales in the health-conscious
trust receipt, which is separate and distinct from American market,
the loan secured by it. Penalizing such an act is
The Asian Broadcasting Network (ABN), a Police Power; Zoning Ordinance vs. Non-
privately owned television station, refuses to air Impairment of Contracts (2001)
the 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
question. in Pasig City, there are restrictions annotated
SUGGESTED ANSWER: therein to the effect that only residential houses
The law is constitutional. It is a valid exercise or structures may be built or constructed on the
of police power, because smoking is harmful to lots. However, the City Council of Pasig
health. In Posadas de Puerto Rico Associates enacted an ordinance amending the existing
vs. Tourism Company of Puerto Rico, 478 U.S. zoning ordinance by changing the zone
328, it was ruled that a law prohibiting certain classification in that place from purely
types of advertisements is valid if it was residential to commercial.
adopted in the interest of the health, safety,
and welfare of the people. In Capital "A", a lot owner, sold his lot to a banking firm
Broadcasting Company us. Mitchell 333 F Supp and the latter started constructing a commercial
582, a law making it unlawful to advertise building on the lot to house a bank inside the
cigarettes on any medium of electronic subdivision. The subdivision owner and the
communication was upheld. The United homeowners' association filed a case in court to
States Supreme Court summarily sustained stop the construction of the building for banking
this ruling in Capita! Broadcasting Company us, business purposes and to respect the
Acting Attorney General 405 U.S. 1000. The restrictions embodied in the deed of sale by the
law in question was enacted on the basis of the subdivision developer to the lot owners, as well
legislative finding that there is a need to protect as the annotation in the titles.
public health, because smoking causes lung
diseases. Cowboy Levy's has not overthrown If you were the Judge, how would you resolve
this finding. 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 Limited
No. 12: Pedro bought a parcel of land from Partnership vs. FEATI Bank and Trust
Smart Corporation, a realty firm engaged in Company. 94 SCRA 633 (1979), the zoning
developing and selling lots to the public. One of ordinance is a valid exercise of police power
the restrictions in the deed of sale which was and prevails over the contractual stipulation
annotated in the title is that the lot shall be used restricting the use of the lot to residential
by the buyer exclusively for residential purposes.
purposes. A main highway having been
constructed across the subdivision, the area Privacy of Communication (2001)
became commercial in nature. The municipality No XII - "A" has a telephone line with an
later passed a zoning ordinance declaring the extension. One day, "A" was talking to "B" over
area as a commercial bank building on his lot. the telephone. "A" conspired with his friend "C",
Smart Corporation went to court to stop the who was at the end of the extension line
construction as violative of the building listening to "A's" telephone conversation with
restrictions imposed by it. The corporation "B" in order to overhear and tape-record the
contends that the zoning ordinance cannot conversation wherein "B" confidentially
nullify the contractual obligation assumed by admitted that with evident premeditation, he (B)
the buyer. Decide the case. killed "D" for having cheated him in their
SUGGESTED ANSWER: business partnership. "B" was not aware that
The case must be dismissed. As held in Ortigas the telephone conversation was being tape-
and Company, Limited Partnership vs. FEATIi recorded.
Bank and Trust Company, 94 SCRA 533, such
a restriction in the contract cannot prevail over
the zoning ordinance, because the enactment
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 53
In the criminal case against "B" for murder, is moved for its return on the ground that it
the tape-recorded conversation containing his violates the right of "X" against unlawful search
admission admissible in evidence? Why? (5%) and seizure. Decide.
SUGGESTED ANSWER: SUGGESTED ANSWER:
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 and
recording of a telephone conversation done correspondence shall be inviolable except
without the authorization of all the parties to the upon lawful order of the court, or when public
conversation, inadmissible in evidence. In safety or order requires otherwise as
addition, the taping of the conversation violated prescribed by law."
the 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 of
Privacy of Correspondence (1998) Prisons to read the letter of "X", Under Section
No VII. - The police had suspicions that Juan 3(1), Article III of the 1987 Constitution, to
Samson, member of the subversive New interfere with any correspondence when there
Proletarian Army, was using the mail for is no court order, there must be a law
propaganda purposes in gaining new adherents authorizing it in the interest of public safety or
to its cause. The Chief of Police of Bantolan, 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
and coming from Juan Samson in the interest of in the case of Stroud vs. United States, 251
the national security. Was the order of the Chief U.S. 15 is not applicable here, because Section
of Police valid? (5%) 3(1), 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
because there is no law which authorizes him to III of the 1987 Constitution, the letter is
order the Postmaster to open the letters inadmissible in evidence.
addressed to and coming from Juan Samson.
An official in the Executive Department cannot ALTERNATIVE ANSWER:
interfere with the privacy of correspondence The objection of the lawyer must be overruled.
and communication in the absence of a law In Hudson vs. Palmer, 468 U.S. 517, it was held
authorizing him to do so or a lawful order of the that the constitutional prohibition against illegal
court. Section 3(1), Article III of the Constitution searches and seizures does not extend to the
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
when public safety or order requires contained incriminatory statements were
otherwise as prescribed by law." admissible in evidence. Their inspection by the
prison authorities did not violate the
Privacy of Correspondence; Jail (1989) constitutional prohibition against illegal
No. 8: While serving sentence in Muntinlupa for searches and seizures. This is an established
the crime of theft, "X" stabbed dead one of his practice reasonably designed to promote
guards, "X" was charged with murder. During discipline within the penitentiary.
his trial, the prosecution introduced as evidence
a letter written in prison by "X" to his wife Right to Assembly; Permit Application;
tending to establish that the crime of murder Freedom Parks (Q2-2006)
was the result of premeditation. The letter was The Samahan ng mga Mahihirap (SM) filed with
written voluntarily. In the course of inspection, it the Office of the City Mayor of Manila an
was opened and read by a warden pursuant to application for permit to hold a rally on Mendiola
the rules of discipline of the Bureau of Prisons Street on September 5, 2006 from 10:00 a.m. to
and considering its contents, the letter was 3:00 p.m. to protest the political killings of
turned over to the prosecutor. The lawyer of "X" journalists. However, the City Mayor denied
objected to the presentation of the letter and their application on the ground that a rally at the
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 arrest mass actions at the Department of Education,
them. Are the arrests without judicial Culture and Sports to press for the immediate
warrants lawful? (2.5%) grant of their demand for additional pay. The
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 55
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 of
them of imposable sanctions. They ignored this grievances.
and continued with their mass action. The SUGGESTED ANSWER:
DECS Secretary issued orders for their (a) According to De la Cruz v. Court of
preventive suspension without pay and charged Appeals, 305 SCRA 303 (1999), the argument
the teachers with gross misconduct and gross of the teachers that they were merely exercising
neglect of duty for unauthorized abandonment their constitutional right to peaceful assembly
of teaching posts and absences without leave. and to petition the government for redress of
a) Are employees in the public sector allowed grievance cannot be sustained, because such
to form unions? To strike? Why? (3%) rights must be exercised within reasonable
b) The teachers claim that their right to limits. When such rights were exercised on
peaceably assemble and petition the regular school days instead of during the free
government for redress of grievances has time of the teachers, the teachers committed
been curtailed. Are they correct? Why? acts prejudicial to the best interests of the
(2%) service.
SUGGESTED ANSWER:
a) Section 8, Article III of the Constitution allows Right to Travel; Order of Arrest (1991)
employees in the public sector to form unions. No. 6: Mr. Esteban Krony, a Filipino citizen, is
However, they cannot go on strike. As arrested for the crime of smuggling. He posts
explained in Social Security System Employees bail for his release. Subsequently, he jumps bail
Association v. Court of Appeals. 175 SCRA 686 and is about to leave the country when the
[1989], the terms and conditions of their Department of Foreign Affairs (DFA) cancels
employment are fixed by law. Employees in his passport. He sues the DFA, claiming
the public sector cannot strike to secure violation of his freedom to travel, citing the new
concessions from their employer. provision in the Bill of Rights of the 1987
Constitution, to wit: "Neither shall the right to
b. The teachers cannot claim that their right to travel be impaired except in the interest of
peaceably assemble and petition for the national security, public safety, or public health,
redress of grievances has been curtailed. as may be provided by law. Decide the case.
According to Bangalisan v. Court of Appeals. SUGGESTED ANSWER:
276 SCRA 619 (1997), they can exercise this The case should be dismissed. Any person
right without stoppage of classes. under an order of arrest is under restraint and
therefore he can not claim the right to travel. If
Right to Assembly; Public Teachers (2002) he is admitted to bail his freedom of movement
No X - Ten public school teachers of Caloocan is confined within the country. Therefore, if he
City left their classrooms to join a strike, which subsequently jumps bail, he cannot demand
lasted for one month, to ask for teachers' passport which in effect will facilitate his escape
benefits. from the country; he is in fact liable to be
arrested anytime. Indeed, the right to travel
The Department of Education, Culture and under the Constitution presupposes that the
Sports charged them administratively, for which individual is under no restraint such as that
reason they were required to answer and which would follow from the fact that one has a
formally investigated by a committee composed pending criminal case and has been placed
of the Division Superintendent of Schools as under arrest.
Chairman, the Division Supervisor as member
and a teacher, as another member. On the Rights of the Accused; Counsel of his
basis of the evidence adduced at the formal Choice (Q8-2005)
investigation which amply established their (1) Mariano was arrested by the NBI as a
guilt, the Director rendered a decision meting suspect in the shopping mall bombings.
out to them the penalty of removal from office. Advised of his rights, Mariano asked for the
The decision was affirmed by the DECS assistance of his relative, Atty. Santos. The
Secretary and the Civil Service Commission. NBI noticed that Atty. Santos was
On appeal, they reiterated the arguments they inexperienced, incompetent and inattentive.
raised before the administrative bodies, namely: Deeming him unsuited to protect the rights
of Mariano, the NBI dismissed Atty. Santos.
Appointed in his place was Atty. Barroso, a
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 56
bar topnotcher who was in the premises once the prosecution shows there was
visiting a relative. Atty. Barroso ably compliance with the constitutional requirement
assisted Mariano when the latter gave a on pre-interrogation advisories, a confession is
statement. However, Mariano assailed the presumed to be voluntary and the declarant
investigation claiming that he was deprived bears the burden of proving that his confession
of counsel of his choice. is 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)
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 engaged in private practice for many
to reside in the Philippines. In accordance with years. The Judicial and Bar Council
Section 4 of the Philippine Bill of 1902, he was nominated her as a candidate for the
a Filipino citizen. Hence, in accordance with position of Associate Justice of the
Section 1(3} of the 1935 Constitution, Lacqui Supreme Court. But her nomination is
Chan is a natural born Filipino citizen, since his being contested by Atty. Juris Castillo,
father was a Filipino citizen. also an aspirant to the position. She
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 71
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 to
appointed to the Supreme Court. Is this run for the position of Member of the House of
contention correct? (5%) Representatives upon reaching twenty-five
SUGGESTED ANSWER: 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 1987 Constitution, to qualify to be a member of
a Filipino mother in 1945 and elected the House of Representatives, one must be a
citizenship upon reaching the age of 21. She is natural-born Philippine citizen. According to
a 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 citizens." On the other hand, if the child was
is a legitimate son of a Chinese father born after January 17, 1973, he would be
and a Filipino mother. His father became considered a natural born citizen without need
a naturalized Filipino citizen when Atty. of election pursuant to Art. IV, Sec. 1(2).
Chua was still a minor. Eventually, he
studied law and was allowed by the Natural Born Filipino (1998)
Supreme Court to take the bar No IV - Andres Ang was born of a Chinese
examinations, subject to his submission father and a Filipino mother in Sorsogon,
to the Supreme Court proof of his Sorsogon. On January 20, 1973, in 1988, his
Philippine citizenship. Although he never father was naturalized as a Filipino citizen. On
complied with such requirement, Atty. May 11, 1998, Andres Ang was elected
Chua practiced law for many years until Representative of the First District of Sorsogon.
one Noel Eugenio filed with the Supreme Juan Bonto who received the second highest
Court a complaint for disbarment against number of votes, filed a petition for Quo
him on the ground that he is not a Filipino Warranto against Ang. The petition was filed
citizen. He then filed with the Bureau of with the House of Representative Electoral
Immigration an affidavit electing Tribunal (HRET). Bonto contends that Ang is
Philippine citizenship. Noel contested it not a natural born citizen of the Philippines and
claiming it was filed many years after therefore is disqualified to be a member of the
Atty. Chua reached the age of majority. House.
Will Atty. Chua be disbarred? Explain.
(5%) The HRET ruled in favor of Ang. Bonto filed a
SUGGESTED ANSWER: petition for certiorari in the Supreme Court. The
No, Atty. Chua will not be disbarred. Atty. Chua following issues are raised:
is already a Filipino citizen and there was no (1) Whether the case is justiciable considering
need for him to file the affidavit electing Filipino that Article VI. Section 17 of the
citizenship. An election of Philippine citizenship Constitution declares the HRET to be the
presupposes that the person electing is an "sole Judge" of all contests relating to the
alien. His father, however, already became a election returns and disqualifications of
Filipino citizen when Atty. Chua was still a members of the House of Representatives.
minor and thus, he was already a Filipino be- [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:
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 72
1. The case is justiciable. (grave abuse of with Section 2, Article IV of the Constitution,
discretion)... 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 2) Ernest is not under-aged. (minimum 25 yrs
III of the 1973 Constitution, those whose fathers old)....
or 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 time of the adoption of this Constitution;" the 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
vacation, where she met Cheng Sio Pao, whom the years 1959-1961.
she married. Under Chinese Law, Ruffa (1) Could Lim Tong Biao raise the defense of
automatically became a Chinese citizen. The prescription of the action for cancellation of
couple resided in Hongkong, where on May 9, his Filipino citizenship? [3%]
1965, Ruffa gave birth to a boy named Ernest. (2) Supposing Lim Tong Biao had availed of
Upon reaching the age of majority, Ernest the Tax Amnesty of the government for his
elected Philippine citizenship. After the EDSA tax liabilities, would this constitute a valid
Revolution, Ernest decided to live permanently defense to the cancellation of his Filipino
in the 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.
Chinese ancestry, filed a petition to disqualify Go 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 right of the government to ask for the
is 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; tax amnesty is not a valid defense to the
XXX XXX XXX cancellation of his Filipino citizenship. In
"(3) Those born before January 17, 1973, of Republic vs. Li Yao, 214 SCRA 748, 754, the
Filipino mothers, who elect Philippine Supreme Court held:
citizenship upon reaching the age of majority;" "In other words, the tax amnesty does not
Ernest could elect Philippine citizenship since have the effect of obliterating his lack of good
he was born before January 17, 1973 and his moral character and irreproachable conduct
mother is a Filipino. As stated in the cases of which are grounds for denaturalization,"
Torres vs. Tan Chim, 69 Phil. 518 and Cu vs.
Republic, 83 Phil. 473, for this provision to Residency Requirements; Elective Official
apply, the mother need not be a Filipino citizen (Q9-2005)
at the time she gave birth to the child in (1) In the May 8,1995 elections for local
question. It is sufficient that she was a Filipino officials whose terms were to commence
citizen at the time of her marriage. Otherwise, on June 30, 1995, Ricky filed on March
the number of persons who would be benefited 20, 1995 his certificate of candidacy for
by the foregoing provision would be limited. the Office of Governor of Laguna. He
won, but his qualifications as an elected
Having elected Philippine citizenship, Ernest is official was questioned. It is admitted that
a natural-born Filipino citizen in accordance
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 73
he is a repatriated Filipino citizen and a Status; Illegitimate Child; Dual Citizenship
resident of the Province of Laguna. (1996)
To 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 at Filipino father and a Mexican mother. He
the latest should he be: (5%) returned to the Philippines when he was twenty-
six years of age, carrying an American passport
(a) A Filipino Citizen? Explain. and he was registered as an alien with the
Bureau of Immigration.
SUGGESTED ANSWER:
The citizenship requirement is to be possessed Was X qualified to run for membership in the
by an elective official at the latest as of the time House of Representatives in the 1995
he is proclaimed and at the start of the term of elections? Explain.
office to which he has been elected. Section 39 SUGGESTED ANSWER:
of the Local Government Code, which Whether or not X was qualified to run for
enumerates the qualifications of elective local membership in the House of Representatives in
government officials, does not specify any the 1995 election depends on the
particular date or time when the candidate must circumstances.
possess citizenship. (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
SUGGESTED ANSWER: the mother. Since the mother of X is a Mexican,
Under Section 39 of the Local Government he will be a Mexican citizen if he is an
Code, an individual must possess the residency illegitimate child, even if his father is a Filipino.
requirement in the locality where he intends to
run at least one year immediately preceding the If X is a legitimate child, he is a Filipino citizen.
day of election. Under Section 2(2), Article IV of the
Constitution, those whose fathers are citizens of
Status; Illegitimate Child (1990) the Philippines are Filipino citizens. Since X
No. 3: Y was elected Senator in the May 1987 was born in the United States, which follows jus
national elections. He was born out of wedlock soli, X is also an American citizen. In
in 1949 of an American father and a naturalized accordance with Aznar vs. Commission, on
Filipina mother. Y never elected Philippine Elections, 185 SCRA 703, the mere fact a
citizenship upon reaching the age of majority. person with dual citizenship registered as an
(1) Before what body should T, the losing alien with the Commission on Immigration and
candidate, question the election of Y? Deportation does not necessarily mean that he
State the reasons for your answer. is renouncing his Philippine citizenship.
(2) Is Y a Filipino citizen? Explain your Likewise, the mere fact that X used an
answer. American passport did not result in the loss of
SUGGESTED ANSWER: his Philippine citizenship. As held in Kawakita
(1) T, the losing candidate, should question the vs. Untied States, 343 U.S. 717, since a person
election of Y before the Senate Electoral with dual citizenship has the rights of citizenship
Tribunal, .... in both countries, the use of a passport issued
by one country is not inconsistent with his
(2) Yes, Y is a Filipino citizen. More than that he citizenship in the other country.
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 he will be deemed to have renounced his
the citizenship of his mother. He need not elect Philippine citizenship. Consequently, he is
Philippine citizenship upon reaching the age of disqualified to run for the House of
majority as held In re Mallare. 59 SCRA 45. In 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 No IV - Miguel Sin was born a year ago in
and a Filipino mother is a Filipino citizen and is China to a Chinese father and a Filipino mother
qualified to be a Senator. His parents met in Shanghai where they were
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 X?
Congressman? Why? (5%)
SUGGESTED ANSWER:
What will happen to the bills that BART alone I agree with the contention of Representative X.
authored and were approved by the House of As held In Bondoc v. Pineda, 201 SCRA 792
Representatives while he was seated as (1991), the members of the House of
Congressman? Reason and explain briefly. Representatives Electoral Tribunal are entitled
(5%) to 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
collected the salaries and allowances. BART their functions with impartiality and
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 78
independence from the political party to which agreement must be concurred in by at least
they belong. two-thirds of all the Members of the Senate.
Foreign Affairs; Role of Senate (1994) All these Issues were resolved in the case of
No. 13: 1) Under the Constitution, what is the Bengzon vs. Senate Blue Ribbon Committee,
role of the Senate in the conduct of foreign 203 SCRA 767.
affairs?
SUGGESTED ANSWER: The Supreme Court has jurisdiction over the
The Senate plays a role in the conduct of case (determination of grave abuse of
foreign affairs, because of the requirement in discretion)....
Section 21, Article VII of the Constitution that to
be valid and effective a treaty or international
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 79
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
scandal. (no judicial functions)... is 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 in Renewal & Power of Augmentation (1998)
all proceedings. Since the petitioner is a No XI. - Suppose the President submits a
respondent in the case pending before the budget which does not contain provisions for
Sandiganbayan, he may refuse to testify. CDF (Countrywide Development Funds),
popularly known as the pork barrel, and
Law Making; Process & Publication (1993) because of this Congress does not pass the
No. 2; Ernest Cheng, a businessman, has no 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 National Defense, to use savings in the
the signature of the President if he vetoed it but appropriations provided thereto to cover up
his veto was overriden by two-thirds vote of all whatever financial losses suffered by the AFP
the members of both the Senate and the House Retirement and Separation Benefits System
of Representatives and If the President failed to (RSBS) in the last five (5) years due to alleged
communicate his veto to the House from which bad business judgment. Would you question
the bill originated, within thirty days after the the constitutionality validity of the special
date of 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 the
446, a law must be published as a condition for budget will not paralyze the operations of the
its effectivity and in accordance with Article 2 of Government.
the 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
Administrative Code of 1989) the 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 Congress by the 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 Constitution
companies and appropriating funds needed to provides:
establish it may originate from the Senate. It is "No law shall be passed authorizing any
not 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 heads of Constitutional Commissions may, by
was held that a law is not an appropriate law, be authorized to augment any item in the
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 80
general appropriation law for their respective entered into by the President. The bill contains
offices from savings in other Items of their the guidelines to be followed by the commission
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
unconstitutional. "While Section 25(5) allows as VII of the Constitution, the concurrence of at
an exception the realignment of savings to least two-thirds of the Senate itself is required
augment items in the general appropriations for the ratification of treaties.
law for the executive branch, such right must
and can be exercised only by the President Law-Making; Overriding the Presidential
pursuant to a specific law." 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 is
No VII - Suppose that the forthcoming General a provision stating that the President may not
Appropriations Law for Year 2002, in the portion increase an item of appropriation by transfer of
pertaining to the Department of Education, 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 to
Course (ROTC) in all colleges and universities override this veto. The Senate, however,
is hereby abolished, and in lieu thereof all male proceeds to consider two options: (1) to
college students shall be required to plant ten override the veto and (2) to challenge the
(10) trees every year for two (2) years in areas constitutionality of the veto before the Supreme
to be designated by the Department of Court.
Environment and Natural Resources in a) Is option (1) viable? If so. what is the vote
coordination with the Department of Education, 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
rider. Section 25(2), Article VI of the is, 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 vote of two-third of all the members of the
to 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
No 5: Are the following bills filed in Congress VI, Sec. 27(2) of the Constitution, a distinct and
constitutional? severable part of the General Appropriations
2) A bill creating a joint legislative-executive act may be the subject of a separate veto.
commission to give, on behalf of the Senate, its Moreover, the vetoed provision does not relate
advice, consent and concurrence to treaties to any particular appropriation and is more an
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 81
expression of a congressional policy in respect (1) The contention of X Corporation should be
of augmentation from savings than a budgetary rejected. Executive Orders Nos. 1, 2 and 14
provision. It is therefore an inappropriate were issued in 1986. At that time President
provision and it should be treated as an item for Corazon Aquino exercised legislative power
purposes of the veto power of the President. Section 1, Article II of the Provisional
Constitution established by Proclamation No, 3,
The Supreme Court should uphold the validity provided:
of the veto in the event the question is brought "Until a legislature is elected and convened
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 1987
Member of the House of Representatives goes 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 first
case may be. After leaving the legislature, Congress is convened."
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 in SCRA 371. the Supreme Court ruled that the
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 by Constitution was convened on July 27, 1987.
the vote of two thirds of all the members of (2) Executive Orders Nos. 1, 2 and 14 are not
the House of Representatives and of the bills of attainder. ....
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 the employees the option to retire upon reaching
veto to the House from which it originated, the age of 57 years and completion of at least
(Id.) 30 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 condition for optional retirement age of 65
by 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
wealth of the late President Marcos, his in 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.
X Corporation, Inc. claimed that President In Marasigan vs. Cruz, 150 SCR A 1, it was
Aquino, as President, could not lawfully held that such a memorandum circular is void.
issue Executive Orders Nos. 1, 2 and 14, By introducing physical capacity as an
which have the force of law, on the ground additional condition for optional retirement, the
that legislation is a function of Congress. memorandum circular tried to amend the law.
Decide. Such a power is lodged with the legislative
Said corporation also questioned the validity of branch and not with the executive branch.
the 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:
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 82
No. 9: A. After 2 February 1987, the Philippine (1) To act as national board of canvassers for
National Bank (PNB) grants a loan to President and Vice President. (Art. VII, sec. 4).
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 majority of vote of its members, declared
on 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
PNB validly give Congressman X an extension days insists that the President is really
of time after said date to settle the obligation? unable to discharge the powers and duties
SUGGESTED ANSWER: of the presidency. (Art. VII, sec. 11)
A. Whether or not the loan is violative of the
1987 Constitution depends upon its purpose. If (3) To concur in the grant of amnesty by the
it was obtained for a business purpose, it is 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,
Section 16, Article XI. Members of Congress to 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 Constitution, treason, bribery, graft and
the 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 (5) To act as a constituent assembly for the
the extension is a financial accommodation revision or amendment of the Constitution.
which is also prohibited by the Constitution. (Art. XVII).
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 promulgated by the President; and (3) to
four (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. No. privately-owned public utilities and businesses
7581, The Price Act; affected with the public interest (David v.
2. Authorization for the importation of rice Arroyo, G.R. No. 171396, May 3, 2006).
under R.A. No. 8178, The Agricultural
Tarrification Act; 3. During the effectivity of this Proclamation,
3. Automatic appropriation under R.A. No. Gener, Lito and Bong were arrested by
7160 is available for unforeseen the police for acts of terrorism. Is the
expenditures arising from the occurrence of arrest legal? Explain. (2.5%)
calamities in areas declared to be in a state SUGGESTED ANSWER:
of calamity; The arrest, apparently done without a valid
4. Local government units may enact a warrant, is illegal. However, a warrantless
supplemental budget for supplies and arrest would be valid if those accused are
materials or payment of services to prevent caught committing crimes en flagrante delicto.
danger to or loss of life or property, under On the other hand, if the arrest is made
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
Magna Carta for Public Health Workers), law has been enacted to guide the law
who shall be compensated hazard enforcement agents, and eventually the courts,
allowances equivalent to at least twenty-five to 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 the authorized the Secretary of Public Works and
government under R.A. No. 8439; and Highways to negotiate and sign a loan
agreement with the German Government for
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 91
the construction of a dam. The Senate, by a No I - What are the limitations/restrictions
resolution, asked that the agreement be provided by the Constitution on the power of
submitted to it for ratification. The Secretary of Congress to authorize the President to fix tariff
Foreign Affairs advised the Secretary of Public rates, import and export quotas, tonnage and
Works and Highways not to comply with the wharfage dues. Explain. (2%)
request of the Senate. SUGGESTED ANSWER:
2) Is the President bound to submit the According to Section 28(2), Article VI of 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 the subject to such limitations and restrictions it
agreement to the Senate for ratification. Under may impose, tariff rates, import and export
Section 20, Article VII of the Constitution, only quotas, tonnage and wharfage dues and other
the prior concurrence of the Monetary Board is duties or imposts within the framework of the
required for the President to contract foreign national development program of the
loans on behalf of the Republic of the Government.
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 by established under the 1987 Constitution is the
the Constitution on the power of the President restoration of the principle of checks and
to contract or guarantee foreign loans on behalf balances. This is especially noteworthy in the
of the Republic of the Philippines? Explain. Commander-in-Chief powers of the President
(2%) which substantially affects what was styled
SUGGESTED ANSWER: under the past dispensation as the "calibrated
Under Section 20, Article VII of the Constitution, response" to national emergencies,
the power of the President to contract or (a) Discuss fully the provisions of the 1987
guarantee loans on behalf of the Republic of Constitution, giving the scope, limits and the
the Philippines is subject to the prior role of the principle of checks and balances on
concurrence of the Monetary Board and subject the President's exercise of the power:
to 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 considered opinion among the options available
it, declared, by a unanimous vote, that the to the President as Commander-in-Chief would
agreement was both unwise and against the be 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
from the standpoint of international law... call, in accordance with its rules. The
proclamation of martial law or suspension of the
Impose Tariff Rates, Import and Export writ is effective for 60 days only, but Congress
Quotas (1999) can cut short its effectivity by revoking the
proclamation by the vote of at least a majority of
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 92
all its members, voting, jointly. Any extension of movements, and terrorism is to simply call out
the proclamation of martial law or suspension of 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 such those caused by invasion or rebellion but
extension. 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 hand,
citizen. The Constitution embodies in this public criticism of the action may only
respect the ruling in Garcia v. Lansang, 42 erode the President's authority.
SCRA 448 (1971) that the Court can determine 3) There is practically little difference, as far
the sufficiency of the factual basis of the as the ability of the President to meet an
proclamation of martial law or the suspension of emergency is concerned, between option
the privilege or the extension thereof not for the 1, on the other hand, the options 2 and 3.
purpose of supplanting the judgment of the
President but to determine whether the latter The President may well take comfort in the
did 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. v.
President. Barnette, 319 U.S. 624 (1943))
(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 legislative
Union v. Executive Secretary, 194 SCRA 317 functions, this purpose can easily be achieved
(1991), a Cabinet Member holding an ex-officio through legislative investigations under Art. VI,
position has no right to receive additional 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 by Islands v. Springer 50 Phil. 259 (1927), in
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,
a. The Secretary of Trade and Industry as no other decision has been rendered. On the
Chairman and as Members: contrary, laws have been enacted, making
b. The Chairman of the Senate Committee members of Congress members of various
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 may
e. The President of the Philippine Chamber be upheld as being in aid of his legislative
of Commerce and Industry, functions since what is prohibited by Art. VI,
Sec. 13 is the acceptance of an incompatible
The National Constitutional Association of the office or employment in the government.
Philippines has filed suit to challenge the (Cortes, Philippine Presidency, pp. 111-
constitutionality of the law. 112(1966))
Determine whether the membership of each of (c) The designation of an Associate Justice of
the above in the Board can be upheld. Cite the Supreme Court cannot be sustained being
relevant constitutional provisions. the imposition on the members of the Court, of
SUGGESTED ANSWER: non-judicial duties, contrary to the principle of
a. The chairmanship of the Secretary of Trade separation of powers. It is judicial power and
and Industry in the Board can be upheld on the judicial power only which the Supreme Court
basis of Art. IX, B, Sec. 7, which allows and its members may exercise. (Art VIII. Sec. 1;
appointive officials to hold other offices if Manila Electric Co. v. Pasay Trans. Co., 57
allowed by law (such as the law in this case 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 98
reason in the case of the Secretary of Trade (4) Cases heard by a division when the
and Industry, under Art. IX, B, Sec. 7. required majority is not obtained;
(5) Cases where a doctrine or principle of
(e) The membership of the President of the
law previously laid down will be
Philippine Chamber of Commerce may also be
modified or reversed;
upheld on the ground that Congress has the
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 Vice-
(a) When may the privilege of the writ of
President.
habeas corpus be suspended?
(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 the murder case where the victim was a popular TV
Constitution, the privilege of the writ of habeas star, over a hundred of her fans rallied at the
corpus may be suspended when there is an entrance of the courthouse, each carrying a
invasion or rebellion and public safety requires placard demanding the conviction of the
it. accused and the imposition of the death penalty
(b) According to Section 18, Article VII of the on him. The rally was peaceful and did not
Constitution, the suspension of the privilege of disturb 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 victim
should be judicially charged within three days. wrote letters to the newspaper editors
Otherwise, he should be released. Moreover, demanding the conviction of the accused, can
under Section 13. Article III of the Constitution, the trial court punish them for contempt?
the right to bail shall not be impaired even when Explain.
the 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
ARTICLE VIII Judicial to influence the administration of Justice. As
stated in People vs. Flores, 239 SCRA 83, any
Department conduct by any party which tends to directly or
indirectly Impede, obstruct or degrade the
Cases to be Heard En Banc; Supreme Court administration of justice is subject to the
(1999) contempt powers of the court.
No XI - Enumerate the cases required by the
Constitution to be heard en banc by the b) No, the trial court cannot punish for contempt
Supreme Court? (2%) the 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 the addressed to the Judge and the publication of
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 executive
Justice. In Cabansag vs. Fernandez, 102 Phil
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
are required to be heard en banc. to complain about the delay in the disposition of
his case could not be punished for contempt in
(3) Cases involving the constitutionality,
the absence of a clear and present danger to
application, or operation of presidential
the fair administration of Justice.
decrees, proclamations, orders,
instructions, ordinances, and other
Finality of Void Judgments (1993)
regulations;
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
offense and was sentenced to suffer of 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 with the end in view of removing him from
to hold public office and of deprivation of the office. Will the action prosper? [5%]
right of suffrage as provided for in Section 164 SUGGESTED ANSWER:
of the Omnibus Election Code of the Philippines No, the action will not prosper. Under Section 8,
(B.P. Blg. 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 strong case of In re Gonzales. 160 SCRA 771, 774-
recommendation of the Board of Pardons and 775, a public officer who is removable by
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
files his certificate of candidacy for the office of he 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
SUGGESTED ANSWER: law which amended the Omnibus Election Code
(a) No need to expressly impose – they are (particularly Sections 138, 139, 142, 143) by
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 be unconstitutional. Under Section 2(3), Article IX-
granted without the favorable recommendation C of the Constitution, the COMELEC cannot
of the COMELEC decide the right to vote, which refers to the
inclusion and exclusion of voters. Under
Judicial Review of Decisions (2001) Section 2(6), Article IX-C of the Constitution, it
No XVI - In an election protest involving the can only file petitions in court for inclusion or
position of Governor of the Province of Laguna exclusion of 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 114
be disqualified as a candidate and so ineligible b) If the second-placer in the gubematorial
for the office to which he was elected. Would elections files a quo warranto suit against
this fact entitle a competing candidate who Nicasio and he is found to be disqualified
obtained the second highest number of votes to from office, can the second-placer be sworn
ask and to be proclaimed the winner of the into office as governor?
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 and he thereby acquired American
175 [1999], if the candidate who obtained the citizenship by birth, would your answer be
highest number of votes is disqualified, the 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 the
Tribunal questioning the election of B as election. To be entitled to the office, he must
Member of the House of Representatives in the have garnered the majority or plurality of the
1987 national elections on the ground that B is votes.
not 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 1995
order to determine the real winner in the said local elections. A obtained 10,000 votes as
elections? State your reason. against 3,000 votes for B. In the same
(2) Can A, who got the second highest number elections, X got the highest number of votes
of votes in the elections, ask that he be among the candidates for the Sangguniang
proclaimed elected in place of B? Explain your Bayan of the same town. A died the day before
answer. 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 SUGGESTED ANSWER:
the second highest number of votes. Only the In accordance with Benito vs. COMELEC, 235
candidate who obtained the majority or plurality SCRA 436, it is A who should be proclaimed as
of the votes is entitled to be proclaimed elected. winner, because he was the one who obtained
On this ground, it was held in Labo v. the 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 Philippines electorate. X is not entitled to be proclaimed
of Filipino parents and raised in the province of elected as mayor, because he ran for the
Nueva Ecija, ran for Governor of his home Sangguniang Bayan.
province. He won and he was sworn into office.
It was recently revealed, however, that Nicasio Neither B nor X is entitled to discharge the
is a naturalized American citizen. functions of the office of mayor. B is not entitled
a) Does he still possess Philippine citizenship? to discharge the office of mayor, since he was
defeated in the election. X is not entitled to
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 115
discharge the office of mayor. Under Section 44 and he receives the winning number of votes,
of the Local Government Code, it is the vice the hearing on the question of disqualification
mayor who should succeed in case of should continue. Upon motion of the
permanent vacancy in the office of the mayor. It complainant or any intervenor, the court or the
is only when the position of the vice mayor is COMELEC may order the suspension of the
also vacant that the member of the proclamation of the winning candidate if the
Sangguniang Bayan who obtained the highest evidence of his guilt is strong.
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 an from running for any elective position. (2%)
engineer by profession, should votes for him SUGGESTED ANSWER:
with the prefix "Engineer" be invalidated as A2.) Under Section 40 of the Local Government
"marked ballots"? Code, the following are disqualified from
SUGGESTED ANSWER: running for any local elective position:
3) No, a ballot in which the name of a 1) Those sentenced by final judgment for an
candidate for town mayor who is an engineer offense involving moral turpitude or for an
which is prefixed with "engineer" should not be offense punishable by one (1) year or more
invalidated as a marked ballot. Under Rule No. of imprisonment, within two (2) years after
12 of the rules for the appreciation of ballots, 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 for
No. 11 - In connection with the May 1987 violating the oath of allegiance to the
Congressional elections, Luis Millanes was 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 6) Permanent residents in a foreign country or
to hold public office and of deprivation of the those who have acquired the right to reside
right of suffrage as provided for in Section 164 abroad and continue to avail of the same
of the Omnibus Election Code of the Philippines right after the effectivity of the Local
(B.P. Blg. 881). Government Code; and
7) The insane or feeble-minded.
In April 1991, the President granted him
absolute pardon on the basis of a strong Effect of Filing of Certificate of Candidacy;
recommendation of the Board of Pardons and Appointive Officer vs Elective Officer (2002)
Parole. No XIII. A, a City Legal Officer, and B, a City
Then for the election in May 1992, Luis Millanes Vice-Mayor, filed certificates of candidacy for
files his certificate of candidacy for the office of the position of City Mayor in the May 14, 2001
Mayor in his municipality. 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 to if so, effective on what date? (2%)
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 for
Election Code, Luis Millanes may be your answer.
disqualified from running for mayor as he was SUGGESTED ANSWER:
convicted of an election offense. A) A was considered ipso facto resigned upon
the filing of his certificate of candidacy, because
(d) Under Sec. 6 of the Electoral Reforms Law, being a City Legal Officer, he is an appointive
any candidate who has been declared by final official. Section 66 of the Omnibus Election
judgment to be disqualified shall not be voted Code provides that any person holding a public
for, and votes cast for him shall not be counted. appointive office shall be considered ipso facto
resigned upon the filing of his certificate of
If before the election he is not declared by final candidacy.
judgment to be disqualified and he is voted for
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 116
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 Code Congressman of Quezon City, because the
considers any elective official ipso facto repeal of Section 67 of the Omnibus Election
resigned from office upon his filing of a Code covers both elective national and local
certificate of candidacy for any office other than officials.
the one he is holding except for President and
Vice-President, was repealed by the Fair Election Offenses; Conspiracy to Bribe
Election Act Voters (1991)
No. 12: Discuss the disputable presumptions
Effect of Filing of Certificate of Candidacy; (a) of conspiracy to bribe voters and (b) of the
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 Law proof that at least one voter in different
have fully served three consecutive terms by precincts representing at least twenty per cent
2004. 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 of money, valuable consideration or other
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 in promoting the candidacy of such candidate,
the election; or gives rise to a disputable presumption of
(4) Upon his assumption to the elective conspiracy to bribe voters.
office; or
(5) None of the above. (b) Under Sec. 28 if the proof affects at least
Choose the correct answer 20% of the precincts of the municipality, city or
province to which the public office aspired for
(b) If Pedro Reyes were, instead, an incumbent by the favored candidate relates, this shall
Congressman of Quezon City, who intends to constitute a disputable presumption of the
seek the mayoralty post in Quezon City, would involvement of the candidate and of his
your choice of answer in no.(1) above be the principal campaign managers in each of the
same? If not, which would be your choice? municipalities concerned, in the conspiracy.
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 In accordance with the ruling in Philippine
a candidate is running for a position other than Airlines vs. Commission on Audit, 245 SCRA
the one he is holding in a permanent capacity 39,(1995), since the Philippine National Bank is
and should be considered resigned, it is the no longer owned by the Government, the
office he was holding at the time he filed his Commission on Audit no longer has jurisdiction
certificate of candidacy should be considered. to audit it as an institution. Under Section 2(2),
There is no legal impediment to the vice mayor Article IX-D of the Constitution, it is
running as mayor to replace the vice mayor government-owned or controlled corporations
who died under Section 77 of the Omnibus and their subsidiaries which are subject to audit
Election Code, if a candidate dies after the last by the Commission on Audit. However, in
day for filing certificates of candidacy, he may accordance with Section 2(1), Article IX-D of
be replaced by a person belonging to his the Constitution, the Commission on Audit can
political party. However, it is required that he audit the Philippine National Bank with respect
should first withdraw his Certificate of to its accounts because the Government still
Candidacy for Vice-Mayor and file a new has equity in it.
Certificate of Candidacy for Mayor.
COA; Money Claims (1998)
Vacancy; SB; Rule on Succession (2002) No I. - The Department of National Defense
No XV. A vacancy occurred in the sangguniang entered into a contract with Raintree
bayan of a municipality when X, a member, Corporation for the supply of ponchos to the
died. X did not belong to any political party. Armed Forces of the Philippines (AFP),
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
sangguniang panlalawigan. On the other hand, Suppose the AFP fails to pay for delivered
for the same vacancy, the municipal mayor ponchos, where must Raintree Corporation file
appointed B upon the recommendation of the its claim? Why? [ 10%]
sangguniang bayan. SUGGESTED ANSWER:
Which of these appointments is valid? (5%) Raintree Corporation must file its claim with the
Commission on Audit, Under Section 2(1) IX-D
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 124
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 vs
The Republic of the Philippines did not waive its 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 province, pursuant to Sec. 1 of E.O. No. 112,
the defense of the Philippines and therefore submitted the names of three nominees for the
relates 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
proper only when the proceedings arise out she be extended the appropriate appointment.
of commercial transactions of the foreign The DBM Secretary appointed Josefa Kalayon
sovereign. Its commercial activities or instead. Castahon protested the appointment of
economic affairs. Stated differently, a State Kalayon insisting that it is he who had the right
may be said to have descended to the level to choose the PBO by submitting the names of
of an individual and can thus be deemed to his three nominees and Kalayon was not one of
have tacitly given its consent to be sued them. The DBM countered that none of the
only when it enters into business contracts. governor's nominees have the necessary
It does not apply where the contract relates qualifications for the position. Specifically,
to the exercise of its sovereign functions. In Mahonhon lacked the five-year experience in
this case the projects are an integral part of budgeting. Hence, the DBM was left with no
the naval base which is devoted to the alternative but to name one who possesses all
defense of both the United States and the the requisite qualifications in the person of
Philippines, indisputably a function of the Kalayon. It cited Section 6.0 of the DBM Local
government of the highest order; they are Budget Circular No. 31 which states, "The DBM
not utilized for nor dedicated to commercial reserves the right to fill up any existing vacancy
or business purposes." 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 from (b) What can you say regarding the above-
suit, because the express waiver of this quoted Section 6.0 of DBM's Local Budget
immunity can only be made by a statute. Circular No. 31? Explain your answers. (2%)
SUGGESTED ANSWER:
In Republic us. Purisima 78 SCRA 470, D. (a) Under Section 1 of Executive Order No.
474, the Supreme Court ruled: "Apparently 112, the Provincial Budget Officer must be
respondent Judge was misled by the terms recommended by the Governor. Since Josefa
of 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
defendant Rice and Corn Administration in 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 (b) DBM Local Budget Circular No. 31 is not
Justice 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.
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 125
Boundary Dispute Resolution; LGU; RTC’s A plebiscite is necessary, because this is
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.)
Duenas, a municipality, and Passi, an The 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 NO. VII - MADAKO is a municipality composed
the dispute may be brought to the appropriate of 80 barangays, 30 west of Madako River and
Regional Trial Court in the said province. Since 50 east thereof. The 30 western barangays,
the Local Government Code is silent as to what feeling left out of economic initiatives, wish to
body has exclusive jurisdiction over the constitute themselves into a new and separate
settlement of boundary disputes between a town to be called Masigla. A law is passed
municipality and an independent component creating Masigla and a plebiscite is made in
city of the same province, the Regional Trial favor of the law.
Courts have general jurisdiction to adjudicate
the said controversy. (Mun. of Kananga v. B. Suppose that one year after Masigla was
Madrona, 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 disputes Although the municipality cannot be considered
involving: as a de facto corporation, because there is no
(1) two or more towns within the same valid law under which it was created, the acts of
province; (1%) the 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 same be given effect as a matter of fairness and
province shall be settled by the sangguniang justice. (Municipality ofMalabang v. Benito, 27
panlalawigan concerned. SCRA 533 [1969]
(2) The city council does not have the power to The question of whether there is genuine
cite for contempt. There is likewise no necessity for the expropriation of Christina's lot
provision in the Constitution, the Local or whether the municipality has other and better
Government Code, or any other laws lots for the purpose is a matter that will have to
granting local legislative bodies the power be resolved by the Court upon presentation of
to 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, Powers of Barangay Assembly (2003)
for 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 to No, the Barangay Assembly cannot exercise
Exercise (Q10-2005) any police power. Under Section 398 of the
The Sangguniang Bayan of the Municipality of Local Government Code, it can only
Santa, Ilocos Sur passed Resolution No. 1 recommend to the Sangguniang Barangay the
authorizing its Mayor to initiate a petition for the adoption of measures for the welfare of the
expropriation of a lot owned by Christina as site barangay and decide on the adoption of an
for its municipal sports center. This was initiative.
approved by the Mayor. However, the
Sangguniang Panlalawigan of Ilocos Sur Powers; Liga ng mga Barangay (2003)
disapproved the Resolution as there might still Can the Liga ng mga Barangay exercise
be other available lots in Santa for a sports legislative powers?
center. SUGGESTED ANSWER:
The Liga ng Mga Barangay cannot exercise
Nonetheless, the Municipality of Santa, through legislative powers. As stated in Bito-Onon v.
its Mayor, filed a complaint for eminent domain. Fernandez. 350 SCRA 732 [2001], it is not a
Christina opposed this on the following local government unit and its primary purpose is
grounds: (a) the Municipality of Santa has no to determine representation of the mga in the
power to expropriate; (b) Resolution No. 1 has sanggunians; to ventilate, articulate, and
been voided since the Sangguniang crystallize issues affecting barangay
Panlalawigan disapproved it for being arbitrary; government administration; and to secure
and (c) the Municipality of Santa has other and solutions for them through proper and legal
better lots for that purpose. means.
Resolve the case with reasons. (5%)
Requisites; Contracts Involving LGU (1991)
SUGGESTED ANSWER: The Municipality of Sibonga, Cebu, wishes to
Under Section 19 of R.A. No. 7160, the power enter into a contract involving expenditure of
of eminent domain is explicitly granted to the public funds. What are the legal requisites
municipality, but must be exercised through an therefor?
ordinance rather than through a resolution. SUGGESTED ANSWER:
(Municipality ofParanaque v. V.M. Realty Corp., The following are the legal requisites for the
G.R. No. 127820, July 20, 1998) validity of a contract to be entered into by the
Municipality of Sibonga, which involves the
The Sangguniang Panlalawigan of Ilocos Sur expenditure of public funds:
was without the authority to disapprove (1) The contract must be within the power of
Resolution No. 1 as the municipality clearly has the municipality;
the power to exercise the right of eminent (2) The contract must be entered into by the
domain and its Sangguniang Bayan the proper officer, i.e., the mayor, upon
capacity to promulgate said resolution. The only resolution of the Sangguniang Bayan
ground upon which a provincial board may pursuant to Section 142 of the Local
declare any municipal resolution, ordinance or Government Code;
order invalid is when such resolution, ordinance (3) In accordance with Sec. 606 of the Revised
or order is beyond the powers conferred upon Administrative Code, there must be an
the council or president making the same. Such appropriation of the public funds; and in
is not the situation in this case. (Moday v. Court accordance with Sec. 607, there must be a
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 131
certificate of availability of funds issued by not liable for real estate tax on the property
the municipal treasurer; and belonging to the government which it occupy.
(4) The contract must conform with the formal However, Section 234 of the Local Government
requisites of written contracts prescribed by Code subsequently withdrew the exemption
law. from real property taxes of government-owned
or controlled corporations. If I were the Judge,
Requisites; Contracts involving LGU (1995) I 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 the
1. The following are the conditions under which three main sources of revenues of local
a local executive may enter into a contract in government units? (2%)
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 6,
contract shall be posted at a conspicuous 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 within
(3) In accordance with Sections 46 and 47, their areas. (Section 7, Article X}
Chapter 8, Subtitle B. Book V of the 1987
Administrative Code, if the contract Involves Withdrawal of Public Property from Public
the expenditure of public funds, there must Use (1990)
be an appropriation therefore and a No. 8: XYZ, a corporation organized under the
certificate of availability of funds by the laws of Hongkong, with 100% foreign equity,
treasurer of the local government unit. obtained from the Securities and Exchange
(4) The contract must conform with the formal Commission a license to operate a prawn
requisites of written contracts prescribed by hatchery project on a piece of land leased from
law. the City of Dagupan. The land was formerly a
(5) Pursuant to Section 2068 of the Revised park and plaza belonging to the City and was
Administrative Code, if a province is a party converted by the City to derive much needed
to a contract conveying title to real property, funds.
the contract must be approved by the (1) May the City of Dagupan lawfully convert
President. Under Section 2196 of the the park to prawn ponds and lease the same?
Revised Administrative Code, if a 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 corporation validly enter into the lease contract
or creating a lien upon it, the contract must for the prawn ponds? Answer with reasons.
be 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 the once the property has been withdrawn from
National Development Company to pay real public use, it falls within the commerce of man
estate taxes on the land being occupied by and may be leased. Section 10 of the Local
NDC and the latter argued that since it is a Government Code provides:
government-owned corporation, its properties "A local government unit may likewise,
are exempt from real estate taxes. If you were through its head acting pursuant to a
the Judge, how would you decide the case? resolution of its sanggunian and in
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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 132
shall be closed without indemnifying Alcantara cannot reassume office as member of
any person prejudiced thereby. A the 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.
might be lawfully used or conveyed." His intention to abandon his position is shown
by his failure to perform his function as member
In Favis v. City Baguio, 27 SCRA 1060, it was of the Sangguniang Bayan, his failure to collect
held that the City of Baguio could close a street the salary for the position, his failure to object to
and lease it since it had become patrimonial the appointment of his replacement, and his
property. Likewise, in Cebu Oxygen and failure to initiate any act to reassume his post
Acetylene Company, Inc. a Berceles, 66 SCRA after the reorganization of the Sangguniang
481, it was held that the City of Cebu could Bayan was voided.
close a 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
convert the park into prawn ponds it can also of 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 Alcantara cannot be deemed to have lost his
3, Article XII of the 1987 Constitution. office as member of the Sangguniang Bayan by
(Secretary of Justice, Op. No. 3, s. 1988) Since resignation. Under Section 82 of the Local
the portion of the park had been withdrawn from Government Code, the resignation should be
public use, it could be disposed for any lawful submitted to the Sangguniang Bayan. He
purpose including leasing it to a foreign submitted it to the Mayor instead, and the
corporation. resignation was not accepted.
The contention of Representative Valera is not No XVI. In the elections of May 1992, Cruz and
correct As held in Santiago v. Sandiganbayan, Santos were the candidates for the office of
356 SCRA 636, the suspension contemplated Municipal Mayor, the term of which was to
in Article VI, Section 16(3) of the Constitution is expire on June 30, 1995. Finding that he won
a punishment that is imposed by the Senate or by a margin of 20 votes, the Municipal Board of
House of Representatives upon an erring Canvassers proclaimed Cruz as the duly
member, it is distinct from the suspension under elected Mayor. Santos filed an election protest
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 135
before the Regional Trial Court (RTC) which B. AVE cannot collect salaries and allowances
decided that it was Santos who had the plurality from the government for the first two years of
of 30 votes and proclaimed him the winner. On his term, because in the meanwhile BART
motion made, the RTC granted execution collected the salaries and allowances. BART
pending the appeal of Cruz to the COMELEC was a de facto officer while he was in
(Comelec) and on this basis. Santos assumed possession of the office. To allow AVE to collect
office and served as Municipal Mayor. In time, the salaries and allowances will result in making
the Comelec reversed the ruling of the RTC and the government pay a second time. (Mechem,
instead ruled that Cruz won by a margin of 40 A Treatise on the Law of Public Offices and
votes and proclaimed him the duly elected Public Officers, [1890] pp. 222-223.)
Municipal Mayor.
BART is not required to refund to the
a) 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
term he has failed to serve? Why? (3%)
the salaries and allowances because he
b) 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
a) Cruz can no longer hold office for the valid because he was a de facto officer during
portion of the term he failed to serve since his his incumbency. The acts of a de facto officer
term has expired. are valid insofar as the public is concerned.
(People v. Garcia, 313 SCRA 279 [19990.
b) Santos was not a usurper. He was a
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 is
(2002)
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 Anti-
Elective Public Officers; De Facto Officer; Graft and Corrupt Practices Act {RA No, 3019),
effects (2004) as amended, by receiving monetary and other
material considerations for contracts entered
X-B. AVE ran for Congressman of QU
into by him in behalf of the government and in
province. However, his opponent, BART, was
connection with other transactions, as a result
the one proclaimed and seated as the winner of
of which he has amassed illegally acquired
the election by the COMELEC. AVE filed
wealth.
seasonably a protest before HRET (House of
Representatives Electoral Tribunal). After two (a) Does the criminal offense
years, HRET reversed the COMELEC’s committed prescribe? (2%)
decision and AVE was proclaimed finally as the
(b) Does the right of the government to
duly elected Congressman. Thus, he had only
recover the illegally acquired wealth prescribe?
one year to serve in Congress.
(3%)
Can AVE collect salaries and
SUGGESTED ANSWER:
allowances from the government for the first
two years of his term as Congressman? (a) 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-Finding
the salaries and allowances he had received as
Committee on Behest Loans v. Desierto, 317
Congressman?
SCRA 272 (1999), Article XI, Section 15 of the
What will happen to the bills that BART Constitution does not apply to criminal cases for
alone authored and were approved by the violation of the Anti-Graft and Corrupt Practices
House of Representatives while he was seated Act
as Congressman? Reason and explain briefly.
(b) Article XI, Section 15 of the Constitution
(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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 136
nominees or transferees, shall not be barred by SUGGESTED ANSWER:
prescription.
1. Impeachment is a method by which persons
holding government positions of high
authority, prestige, and dignity and with
Impeachment; Cronyism (2000)
definite tenure may be removed from office for
No II. Is cronyism a legal ground for the causes closely related to their conduct as public
impeachment of the President? Explain. (5%) officials, (V.G. SINCO, PHILIPPINE POLITICAL
LAW 373 (llth ed. 1962)).
SUGGESTED ANSWER:
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
graft and corruption, other high crimes and
2, Article XI of the Constitution, betrayal of
betrayal of public trust. (Art. XI, sec. 2).
public trust is one of the grounds for
Impeachment. This refers to violation of the The officials removable by impeachment
oath of office and includes cronyism which are the President, Vice President, the
involves unduly favoring a crony to the Members of the Supreme Court, Members of
prejudice of public interest, (Record of the the Constitutional Commissions and the
Constitutional Commission, Vol. II, p. 272) Ombudsman. (Id.)
Impeachment; Grounds (1999)
No XV - What are the grounds for 2. PD No. 1606, sec. 1, in so far as it provides
impeachment. Explain. (2%) for 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 Constitution, the new Constitution which provides that with
the grounds for impeachment are the exception of the officials there mentioned,
1. Culpable violation of the Constitution - "All other public officers and employees may be
means intentional violation of the removed from office as provided by law, but not
Constitution and not violations committed by impeachment." Moreover, under Art. VIII,
in good faith. sec, 11, the power to remove lower court
2. Treason - the same meaning as in the judges is vested in the Supreme Court en banc
Revised Penal Code which, by the vote of a majority of the members
3. Bribery - the same meaning as in the who actually take part in the deliberation on the
Revised Penal Code issues in the case and vote thereon, can
dismiss lower court judges.
4. Graft and Corruption - refers to
prohibited acts enumerated in the Anti-
Graft and Corrupt Practices Act.
Law of Public Officers; Next-in-Rank Rule
5. other High Crimes - refer to offenses that (1994)
strike at the very life or orderly working of
the government. No. 15 Pedro Cruz, the City Engineer of
6. and Betrayal of Public Trust - refers to Baguio, retired. To fill the vacant position, the
any violation of the oath of office. (Cruz, City Mayor appointed Jose Reyes, a civil
Philippine Political Law, 1998 ed., pp. engineer who formerly worked under Cruz but
336-337; Bernas, The 1987 Constitution had been assigned to the Office of the Mayor
of the Philippines: A Commentary, 1996 for the past five years.
ed., pp. 991-992) Vicente Estrada, the Assistant City
Engineer filed a protest with the Civil Service
Impeachment; Nature; Grounds; PD 1606 Commission claiming that being the officer next
(1988) in rank he should have been appointed as City
No. 14: 1. What is impeachment, what are the Engineer.
grounds therefor, and who are the high officials 1) Who has a better right to be appointed to the
removable thereby? contested position?
2. Presidential Decree No. 1606 SUGGESTED ANSWER:
provides that Justices of the Sandiganbayan
may be removed only by impeachment. Is this 1) On the assumption that Jose Reyes
Presidential Decree still valid? Why? possesses the minimum qualification
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 137
requirements prescribed by law for the position, (1) No, X cannot recover damages from the
the appointment extended to him is valid. Secretary of Public Works. The Secretary of
Consequently, he has a better right than Public Works ordered the demolition of the
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
876, it was held that the members of the Ad
is a settled rule that the appointing authority is
Hoc Committee created to implement
not limited to promotion in filling up vacancies
Presidential Decree No. 296 and Letter of
but may choose to fill them by the appointment
Instruction No, 19, which ordered the demolition
of persons with civil service eligibility
of structures obstructing public waterways,
appropriate to the position. Even if a vacancy
could' not be sued for damages although they
were to be filled by promotion, the concept of
ordered the demolition of a building that
"next in rank" does not import any mandatory
encroached upon a creek, because the public
requirement that the person next in rank must
officers 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 (2) No, the libel suit will not prosper. The
by promotion, the person holding the position report submitted by the Secretary of Public
next in rank thereto "shall be considered for Works to the President constitutes privileged
promotion." Espanol v. Civil Service communication, as it was sent in the
Commission 206 SCRA 715, performance of official duty.
ALTERNATIVE ANSWER; Article 354 of the Revised Penal Code
provides;
Neither Jose Reyes nor Vicente Estrada has a
better right to be appointed City Engineer. As "Every defamatory imputation is
held in Barrozo vs. Civil Service Commission, presumed to be malicious, even if it be true, if
198 SCRA 487, the appointing authority is not no good intention and justifiable motive for
required to appoint the one next-in-rank to fill a making it is shown, except in the following
vacancy. He is allowed to fill it also by the cases:
transfer of an employee who possesses civil
1. A private communication made by
service eligibility.
any person to another in the performance of
Liability For Damages in Performance of any legal, moral or social duty;"
Official Functions (1990)
In Deano v. Godinez, 12 SCRA 483, it
No. 10: The Secretary of Public Works, after an was held that a report sent by a public official to
investigation, ordered the demolition of the his superior is privileged communication,
fishpond of X as a nuisance per se on the because its submission is pursuant to the
ground that it encroached on navigable rivers performance of a legal duty.
and impeded the use of the rivers. The
Besides, in sending his report, the
Secretary submitted to the President of the
Secretary of Public Works acted in the
Philippines a report of said investigation, which
discharge of his official duties. Hence, he was
report contained clearly libelous matters
acting in behalf of the Republic of the
adversely affecting the reputation of X, a well-
Philippines and within the scope of his authority
known civic and religious leader in the
According to the ruling in Sanders v. Veridiano,
community.
162 SCRA 88, a suit brought against a public
The Supreme Court later found that the rivers official for writing a letter which is alleged to be
were man-made and were constructed on libelous but which was written while he was
private property owned by X. acting as agent of the government and within
the scope of his authority is actually a suit
(1) May X recover damages from the Secretary
against the State 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
(2) Suppose X files a libel suit against the committed. If the libelous statement was not
Secretary of Public Works. Will the said libel relevant to the report on the alleged illegal
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:
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 138
immunize the Secretary of Public Works from Ombudsman: Power to Suspend; Preventive
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.
Moreover, some assets were not included in his
No. 10: A City Mayor in Metro Manila was
Statement of Assets and Liabilities. He was
designated as Member of the Local Amnesty
charged of graft and corrupt practices and
Board (LAB) as allowed under the Rules and
pending the completion of investigations, he
Regulations Implementing Amnesty
was suspended from office for six months.
Proclamation Nos. 347 and 348. as amended
by Proclamation No. 377. The LAB is entrusted
A. Aggrieved, WOW petitioned the Court of
with the functions of receiving and processing
Appeals to annul the preventive suspension
applications for amnesty and recommending to
order on the ground that the Ombudsman
the National Amnesty Commission approval or
could only recommend but not impose the
denial 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
pertinently states that "[N]o elective official shall is preventive and not punitive. Section 24 of
be eligible for appointment or designation in any Republic Act No. 6770 grants the Ombudsman
capacity to any public office or position during the power to impose preventive suspension up
his tenure?" Discuss fully, to six months. Preventive suspension maybe
imposed without any notice or hearing. It is
SUGGESTED ANSWER:
merely a preliminary step in an administrative
No, the City Mayor may not accept his investigation and is not the final determination
designation without forfeiting his elective of the guilt of the officer concerned. (Garcia v.
positions. As stated in Flores vs. Drilon 223 Mojica, 314 SCRA 207 [1999]).
SCRA 568, it is the intention of Section 7,
Article X-B of the 1987 Constitution that local B. For his part, the Ombudsman moved to
elective officials should devote their full time to dismiss WOWs petition. According to the
their constituents. While second paragraph of Ombudsman the evidence of guilt of WOW
Section 7, Article IX-B of the 1987 Constitution is strong, and petitioner failed to exhaust
allows appointive officials to hold other offices administrative remedies. WOW admitted he
when allowed by law or by the primary functions filed no motion for reconsideration, but only
of their positions, no such exception is made in because the order suspending him was
the first paragraph, which deals with elective immediately executory. Should the motion
officials. It is the Intention of the 1987 to dismiss be granted or not? Discuss
Constitution to be more stringent with elective briefly. (5%)
local officials.
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
believed that the Local Amnesty Board is not in 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)
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 139
No II A group of losing litigants in a case his authority. Congress intended to empower
decided by the Supreme Court filed a complaint the Ombudsman to suspend all officers, even if
before the Ombudsman charging the Justices they 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
complaint. As stated in the case of In re: No. 17: Assume that under the charter of the
Laureta. 148 SCRA 382 [1987], pursuant to the City of Manila, the City Mayor has the power to
principle of separation of powers, the investigate city officials and employees
correctness of the decisions of the Supreme appointed by him and in connection therewith,
Court as final arbiter of all justiciable disputes is administer oath, take testimony and issue
conclusive upon all other departments of the subpoenas. The mayor issued an executive
government; the Ombudsman has no power to order creating a committee, chaired by "X", to
review the decisions of the Supreme Court by investigate anomalies involving licensed
entertaining a complaint against the Justices of inspectors of the License Inspection Division of
the Supreme Court for knowingly rendering an the Office of the City Treasurer, In the course of
unjust decision. its investigation, "X" subpoenaed "Y", a private
citizen working as bookkeeper of Asia
SECOND ALTERNATIVE ANSWER: Hardware. "Y" refused to appear contending
Article XI, Section 1 of the 1987 Constitution that the Committee of "X" has no power to issue
provides that public officers must at all times be subpoenas. Decide.
accountable to the people. Section 22 of the SUGGESTED ANSWER:
Ombudsman Act provides that the Office of the
Ombudsman has the power to investigate any Yes, the committee has no power to issue
serious misconduct allegedly committed by subpoenas according to Carmelo vs, Ramos, 6
officials removable by impeachment for the SCRA 836. In creating the committee, the
purpose of filing a verified complaint for mayor did not grant it the power to issue
impeachment if warranted. The Ombudsman subpoenas. Besides, the mayor cannot
can 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 subsequently
violation of the Anti-Graft and Corrupt Practices appointed by the President of the Philippines
Act against X was filed with the Ombudsman. serving at her pleasure, as concurrent
Immediately after taking cognizance of the case Presidential Assistant for Political Affairs in the
and the affidavits submitted to him, the Office of the President, without additional
Ombudsman ordered the preventive 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
Flavier, 226 SCRA 645. under Section 24 of or position during his tenure. As held in Flores
Republic Act No. 6770, the Ombudsman can v. 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 140
No V. - Suppose Congress passed a law to incrimination seeks to prevent is the conviction
Implement the Constitutional principle that a of the witness on the basis of testimony elicited
public office is a public trust, by providing as from him. The rule is satisfied when he is
follows: granted immunity.
"No employee of the Civil Service shall ALTERNATIVE ANSWER:
be excused from attending and testifying or
1. In accordance with Evangelista vs. Jarencio,
from producing books, records,
68 SCRA 99, 107-108, If Ong is being cited
correspondence, documents or other evidence
merely as a witness, he may not refuse to
in any administrative investigation concerning
answer. However, if the question tends to
the office in which he is employed on the
violate his right against self-incrimination, he
ground that his testimony or the evidence
may object to it. On the other hand, under the
required of him may tend to incriminate him or
ruling in Chavez vs. Court of Appeals, 24 SCRA
subject him to a penalty or forfeiture; but his
663, 680, If he is a respondent, Ong may refuse
testimony or any evidence produced by him
to answer any question because of his right
shall not be used against him in criminal
against self-incrimination.
prosecution based on the transaction, matter or
thing concerning which is compelled, after SUGGESTED ANSWER:
invoking his privilege against self-incrimination,
2. No Ong cannot argue that the Civil
to testify or produce evidence. Provided,
Service Commission inferred his guilt from his
however, that such individual so testifying shall
refusal to answer. He was not dismissed
not be exempt from prosecution and
because of his involvement in the leakage in
punishment for perjury committed in so
the medical examination but for his refusal to
testifying nor shall he be exempt from demotion
answer. This is a violation of the law. He could
or removal from office. Any employee who
be compelled to answer the question on pain of
refuses to testify or produce any documents
being dismissed in case of his refusal, because
under this Act shall be dismissed from the
he was granted Immunity.
service,"
In Lefkowitz vs. Turley. 414 U.S. 70, 84,
Suppose further, that Ong, a member of
the United States Supreme Court held:
the Professional Regulatory Board, is required
to answer questions in an investigation "Furthermore, the accomodation
regarding a LEAKAGE in a medical between the interest of the State and the Fifth
examination. Amendment requires that the State have means
at its disposal to secure testimony if immunity is
1. Can Ong refuse to answer questions on the
supplied and testimony is still refused. This is
ground that he would incriminate himself? [4%]
recognized by the power of courts to compel
2. Suppose he refuses to answer, and for that testimony, after a grant of immunity, by use of
reason, is dismissed from the service, can he civil contempt and coerced imprisonment.
pausibly argue that the Civil Service Shilitani v. United States, 384 US 364. 16 L Ed
Commission has inferred his guilt from his 2d 622. 86 5 Ct 1531 (1966). Also, given
refusal to answer in violation of the adequate immunity the State may plainly insist
Constitution? |3%] that employees either answer questions under
oath about the performance of their job or suffer
3. Suppose, on the other hand, he answers the
the loss of employment."
question and on the basis of his answers, he is
found guilty and is dismissed. Can he plausibly SUGGESTED ANSWER:
assert that his dismissal is based on coerced
3. Jes Ong can argue that his dismissal
confession? I3%]
was based on coerced confession. In Garrity
SUGGESTED ANSWER: vs. New Jersey, 385 U.S. 493, 500, the United
States Supreme Court held: "We now hold the
1. No, Ong cannot refuse to answer the
protection of the individual under the Fourteenth
question on the ground that he would
Amendment against coerced statements
incriminate himself, since the law grants him
prohibits use in subsequent criminal
immunity and prohibits the use against him in a
proceedings of statements obtained under
criminal prosecution of the testimony or
threat of removal from office, and that it extends
evidence produced by him. As stated by the
to all, whether they are policemen or other
United States Supreme Court in Brown vs.
members of the body politic."
Walker. 161 U.S. 591, 597, what the
constitutional prohibition against self- Retirement Benefits (1996)
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 141
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, the association which is sixty percent owned by
National Treasurer discovered that A had been Filipino citizens can acquire private land,
negligent in the encashment of falsified treasury because it can lease public land and can
warrants. It appears, however, that A had therefore hold public land. However, it cannot
received all money and property clearances acquire public land. Under Section 3, Article XII
from the National Treasurer before her of the Constitution, private corporations and
retirement. associations can only lease and cannot acquire
public land.
Can the National Treasurer withhold
the retirement of A pending determination of her Under Section 8, Article XII of the
negligence in the encashment of the falsified Constitution, a natural-born Filipino citizen who
treasury warrants? Explain. lost his Philippine citizenship may acquire
private land only and cannot acquire public
SUGGESTED ANSWER:
land.
2) In accordance with Tantuico vs.
2. 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
retirement benefits of A pending determination
is not indispensable to the free exercise and
of her liability for negligence in the encashment
enjoyment of religious profession of worship.
of the falsified treasury warrants, because her
The religious corporation can own private land
retirement benefits are exempt from execution.
only if it is at least sixty per cent owned by
Filipino citizens.
3. I disagree. Under Section 1 of
ARTICLE XII National Economy Presidential Decree No. 471, corporations and
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 4. I disagree. For a corporation' to
answer with the statement: "I AGREE" or qualify to acquire private lands in the
"DISAGREE" as the case may be. Philippines, under Section 7, Article Xn of the
Constitution in relation to Section 2, Article XII
1. Anyone, whether Individual, of the Constitution, only sixty per cent (60%) of
corporation or association, qualified to acquire the corporation is required to be owned by
private lands is also qualified to acquire public Filipino citizens for it to qualify to acquire private
lands in the Philippines. [2%] lands.
2. A religious corporation is qualified t 5. I agree. A foreign corporation can
o have lands in the Philippines on which it may lease private lands only and cannot lease public
build 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
3. 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
4. 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%]
5. 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 142
for judicial confirmation of its title over ten accident without leaving a last will and
hectares of timber lands. The company bought testament.
the land from "X" who in turn inherited it from
Now, X brought suit to recover the land on the
his 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, the
you, as Solicitor General, oppose the
land was inherited by his parents but B cannot
application?
legally acquire and/or inherit it.
ANSWER:
How should the case be decided? If X filed the
As Solicitor General, I can oppose the suit against C when the latter was still alive,
application for confirmation of title on the would 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
Director of Lands v, Bengzon, No. 54045, July and 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
1987, to the effect that a corporation is entitled land to C, it became property of a Filipino
to 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
conditions essential to a government grant and, with Article XII, Section 7 of the Constitution, B
therefore, are entitled to the issuance of a can 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 nurse. With her savings, she bought a parcel of
he lost his Filipino citizenship when he became land consisting of 1,000 square meters in a
a citizen of Canada in 1971. Wanting the best residential subdivision in Metro Manila. She had
of both worlds, he bought, in 1987, a residential the said property titled in her name in 1970. In
lot in Forbes Park and a commercial lot in July, 1972, Maria acquired American citizenship
Binondo. Are these sales valid? Why? (3%) by naturalization. Two months later, she
married her Canadian boyfriend.
SUGGESTED ANSWER:
(1) Can Maria validly sell this parcel of land to
No, the sales are not valid. Under Section 8,
the younger sister of her husband who is also a
Article XII of the Constitution, only a natural-
Canadian citizen?
born citizen of the Philippines who lost his
Philippine citizenship may acquire private land. (2) Supposing Maria's husband dies and she
Since Andy Lim was a former naturalized decides to reside in the Philippines
Filipino citizen, he is not qualified to acquire permanently, can Maria buy the parcel of land
private lands. consisting of 400 square meters neighboring
her own?
ANSWER:
Acquisition of Lands by Hereditary
Succession (2002) (1) No, Maria cannot validly sell the parcel of
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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 143
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
2) Because of the naturalization of Peter Co
XII of the 1987 Constitution, a natural-born
as a Filipino citizen, he can exercise the option
Philippine citizen who lost his Philippine
to purchase the land. In accordance with the
citizenship may be a transferee of private land.
ruling in Yap vs. Grageda, 121 SCRA 244.
The younger sister of the husband of Maria is
since he is qualified to own land, the policy to
not acquiring the private land by hereditary
preserve 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
Acquisition of Lands; Citizenship issue
the exceptions found in the above-mentioned
(1995)
provisions is applicable to her.
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 lost Rizal, from Cecille who by herself and her
his Philippine citizenship, may acquire only up predecessor-in-interest had been in open,
to 1,000 square meters of private urban land. public, peaceful, continuous and exclusive
Since Maria has previously acquired a parcel of possession of the property under a bona fide
land with an area of 1,000 square meters, she claim of ownership long before 12 June 1945.
can no longer purchase any additional parcel of At the time of purchase, the spouses Joel and
urban land. Michelle were then natural born Filipino
citizens.
Alternative Answer:
In February 1987 the spouses filed an
Yes, she can acquire the adjacent land which
application for registration of their title before
has an area of 400 square meters since the law
the 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
Acquisition of Lands; Citizenship issue
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
consisting of one thousand (1,000) square that lands of whatever classification belong to
meters to Peter Co, a Chinese citizen, for a the State under the Regalian doctrine, hence,
period of fifty (50) years. In 1992, before the they 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
by the applicants and the oppositor? Discuss
the option to purchase said land if he became a
fully.
naturalized Filipino citizen. Co took his oath as
a Filipino citizen in 1991. ANSWER:
1) Was the contract of lease for a period of The argument of the government that
fifty (50) years valid considering that the lessee unregistered lands are presumed to be public
was an alien? lands is utterly unmeritorious. As held in
Republic vs. Court of Appeals. 235 SCRA 562,
2) What is the effect of the naturalization of
in accordance with Section 48 of the Public
Peter Co as a Filipino citizen on the validity of
Land Act, since the predecessors-in- interest of
the option to purchase given him?
Joel and Michelle had been in open, public,
ANSWER: peaceful, continuous and exclusive possession
of the land under a bona fide claim of
1) As held in Philippine Banking Corporation
ownership long before June 12. 1945, their
vs. Lui She. 21 SCRA 52, the lease of a parcel
predecessors- in-interest had acquired the land,
of 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 144
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
decisive vote as to the disposition of the land
Joel and Michelle can have the land registered
would permit an indirect controversion of the
in their names. They were natural-born Filipino
constitutional prohibition against the acquisition
citizens at the time of their acquisition of the
of private lands by aliens.
land. In any event they were Filipino citizens at
the time of their acquisition of the land. Their
becoming Canadian citizens subsequently is
Citizenship Requirement in Management of
immaterial. Article XII, Sec. 8 of the 1987
Advertising Industry (1989)
Constitution presupposes that they purchased
the land after they lost Filipino citizenship. It No. 11: (2) May a foreigner who owns
does 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
Section 11(1), Article XVI of the 1987
to Petra de Jesus, a Filipino citizen, on June 5,
Constitution provides;
1980. Two (2) years later, Petra purchased a
parcel of residential land from Jose Cruz using (2) No, a foreigner who owns shares of stock in
her own funds. The Deed of Sale states that the a corporation engaged in the advertising
land was sold to "Petra married to John Smith" industry cannot serve as treasurer in the
and was registered as such. With the corporation, for a treasurer is an executive or
knowledge of John Smith, Petra administered managing officer.
the land, leasing parts thereof to several
Section 11(2), Article XVI of the 1987
individuals. Three (3) years later, Petra, without
Constitution provides:
the knowledge of John Smith, sold the land to
David Perez. Upon learning of the transaction, "The participation of foreign investors in
John Smith filed a case to annul the Deed of the governing body of entities in such
Sale. Citing Art. 160 of the Civil Code, he industry shall be limited to their
argued that said sale was without his consent, proportionate share in the capital
the property being conjugal as it was purchased thereof, and all the executive and
at the time he was married to Petra. He managing officers of such entities must
presented the Deed of Sale executed by Petra be citizens of the Philippines."
stating that she is married to John Smith. He
wants to recover at least his conjugal share. Engagement in Business & Exercise of
Profession (1987)
1) Is John Smith entitled to his
conjugal share? No. IX: The Philippine entered into a Treaty of
Friendship, Comity and Commerce with
2) May the Deed of Sale executed by
Indonesia with the following provisions:
Petra In favor of David Perez be annulled?
(1 ) The nationals of each contracting
ANSWER:
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
(2) The nationals of each contracting
Jesus, in accordance with the ruling in Mirasol
State to engage in retail trade business in the
vs. Lim, 59 Phil. 701, the presumption that the
territory of the other contracting State.
property is conjugal has been rebutted.
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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 145
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 law. of 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
capital of which is owned by such citizens
the exploration, development, and utilization of
certain areas of investment. There can be no
minerals. However, the same provision states
question then as to the validity of the
the joint venture for the exploration,
Nationalization of Retail Trade Law, the
development and utilization of natural resources
constitutionality of which was sustained in
may be undertaken only with Filipino citizens, or
Ichong v. Hernandez, 101 Phil. 1155 (1957)
corporations or associations at least sixty per
even in the absence of a similar express grant
cent of whose capital is owned by Filipino
of power to Congress under the 1935
citizen.
Constitution. Although Congress can repeal or
amend such law, it may not be amended by a
treaty in view of Art. XII, Sec. 22 which declares
Expropriation of Public Utilities (1992)
acts of circumvent or negate any provisions of
this Art. XII to be inimical to national interest No. 11 - The Philippine Commodities Office
and 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
necessary for that purpose but negotiations
However, it may also be plausibly argued that a
between the parties have failed. The Republic,
treaty may amend a prior law and treaty of
in behalf of the PCO, files suit to compel the
friendship, comity and commerce with
telecommunications company to execute a
Indonesia may be deemed to have created an
contract with PCO for PCO's access and use of
exception in the Nationalization of Retail Trade
the company's facilities.
Law in favor of Indonesian citizen.
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
The action will not prosper. As held in Republic
methods of the fishermen, the Bureau of
of the Philippines vs. Philippine Long Distance
Fisheries, with the approval of the President,
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
from the Philippine sea coasts on the condition
the Constitution, the State may expropriate
that Filipino fishermen be allowed to use Thai
public utilities, the Republic of the Philippines
fishing equipment and vessels, and to learn
may compel the Philippine Pacific
modern technology in fishing and canning.
Telecommunications to allow access to its
1) Is the agreement valid? facilities. If the Republic of the Philippines can
take title to the facilities of Philippine Pacific
2) Suppose the agreement is for a joint
Telecommunications by its power of
venture on the same area with a Thai oil
expropriation, there is no reason why it cannot
corporation for the exploration and exploitation
use such power to impose only a burden upon
of minerals with the Thai corporation providing
Philippine Pacific Telecommunication without
technical and financial assistance. Is the
loss of title.
agreement valid?
ANSWER; Lease of Private Agricultural Lands (2001)
1) No. Only Filipinos may fish in exclusive No IV - A is an alien. State whether, in the
economic zone... Philippines, he:
2) The President can enter into a a) Can be a lessee of a private agricultural
memorandum of agreement with a Thai oil land, (3%)
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 146
SUGGESTED ANSWER; According to Manila Prince Hotel v.
Government Service Insurance System, 267
Yes, an alien can be a lessee of private
SCRA 408, the national patrimony refers not
agricultural land. As stated in Krivenko vs.
only to our natural resources but also to our
Register of Deeds of Manila, 79 Phil. 461
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 1) Give a business activity the equity of which
Constitution. must be owned by Filipino citizens:
a) at least 60%
National Economy & Patrimony; b) at least 70%
Constitutional Prohibition (2004)
c) 100%
(8-b) B. EAP is a government corporation
created for the purpose of reclaiming lands 2) Give two cases in which aliens may be
including foreshore and submerged areas, as allowed to acquire equity in a business activity
well as to develop, improve, acquire, lease and but cannot participate in the management
sell any and all kinds of lands. A law was thereof?
passed transferring title to EAP of lands already
SUGGESTED ANSWER:
reclaimed in the foreshore and offshore areas
of MM Bay, particularly the so-called Liberty 1) a) At least sixty per cent (60%) of the equity
Islands, as alienable and disposable lands of of the entities engaged in the following business
the public domain. Titles were duly issued in must be owned by Filipino citizens under the
EAP's name. Constitution.
1. Co-production, Joint venture, or
Subsequently, EAP entered into a joint venture
production-sharing agreement with
agreement (JVA) with ARI, a private foreign
the State for the exploration,
corporation, to develop Liberty Islands.
development, and utilization of
Additionally, the JVA provided for the
natural resources (Section 2, Article
reclamation of 250 hectares of submerged land
XII)
in the area surrounding Liberty Islands. EAP
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
3. Education (Section 4(2), Article XIV)
and participation in the joint venture, upon
approval by the Office of the President. Is there
any constitutional obstacle to the sale and
b) At least seventy percent (70%) of the equity
transfer by EAP to ARI of both portions as
of business entities engaged in advertising
provided for in the JVA? (5%)
must be owned by Filipino citizens under the
Constitution. (Section 11(2), Article XVI)
SUGGESTED ANSWER:
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
11(1), Article XVI).
sold, only leased, to private corporations. The
portion of the area to be reclaimed cannot be
sold and transferred to ARI because the seabed
2) Under the Constitution, aliens may acquire
is inalienable land of the public domain.
equity but cannot participate in the
(Section 3, Article XII of the 1987 Constitution;
management of business entities engaged in
Chavez v. Public Estates Authority, 384 SCRA
the following activities:
152 [2002]).
1) Public utilities (Section 11, Article
National Patrimony; definition (1999) XII)
No XII - What is meant by National Patrimony? 2) Education (Section 4(2) .Article XIV)
Explain the concept of National Patrimony?
3) Advertising (Section 11(2), Article
(2%)
XVI)
SUGGESTED ANSWER:
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 147
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%
exploration, development, and utilization of
foreign equity proposes to publish a weekly
natural resources shall be under the full
magazine for general circulation in Metro
control and supervision of the State. It is
Manila which will feature the lifestyles of the
also provided that the State may directly
rich and the famous. May this be done? Cite the
undertake such activities or it may enter
constitutional provision in point.
into co-production, joint venture or sharing
SUGGESTED ANSWER: agreements with Filipino citizens or
corporations or associations, at least 60%
(1) No, the corporation cannot publish a
Filipino-owned.
weekly magazine since it is engaged in the
operation of a mass media and is not wholly Furthermore, the President may enter into
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
exploration, development, and utilization of
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
the control of the President, subject to
Chinese citizens; engaging in retail trade
such conditions as the creating statute
(Q4-2006)
may provide.
State whether or not the following laws are
constitutional. Explain briefly.
4. 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 No. 12: Teodoro Luzung is engaged in the
in retail trade. In Ichong v. Hernandez, business of prawn farming, The prawns are
G.R. No. L-7995, May 31,1957, the court nurtured in his fishponds in Mindoro and, upon
held that the Treaty of Amity between the harvest, are immediately frozen for export.
Republic of the Philippines and the
Republic of China guarantees equality of Congress passed the Comprehensive
treatment to the Chinese nationals "upon Agrarian Reform Law of 1988 which provides
the same terms as the nationals of any among others that all private lands devoted to
other country." Thus, the court ruled agriculture shall be subject to agrarian reform.
therein that the nationals of China are not The law includes under the term "agriculture"
discriminated against because nationals of the following activities: cultivation of the soil,
all other countries, except those of the planting of crops, growing of fruit trees, raising
United States, who are granted special of livestock, poultry or fish. The Department of
rights by the Constitution, are all prohibited Agrarian Reform issued an implementing order
from engaging in the retail trade. In the which provides that commercial farms used for
case at bar, the law discriminates only aqua-culture, including salt-beds, fishponds and
against Chinese citizens and thus violates prawn farms are within the scope of the law.
the equal 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 constitutional. Department of Agrarian Reform, 192 SCRA 51,
Explain briefly. the law is unconstitutional insofar as it included
5. A law creating a state corporation to livestock, poultry and swine raising. In the
exploit, develop, and utilize compressed definition of the agricultural land which the
natural gas. (2%) Constitutional Commission adopted in
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 148
connection with agrarian reform, lands devoted the occupants to vacate the structures within
to such purposes were not included. However, five days from notice, otherwise they would be
both 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
fishponds. The definition of agricultural land be 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
shanties of petitioners were already being
No. 15 - Walang Sugat, a vigilante group
demolished by then, ordered the Quezon City
composed of private businessmen and civic
Mayor and persons Implementing his order to
leaders previously victimized by the Nationalist
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
b) Does the Commission on Human
in relation to that of the Quezon City Mayor?
Rights have the power to 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
that the Commission on Human Rights has no
has the power to investigate all forms of human
power to issue a restraining order or a writ of
rights violations involving civil and political
injunction and has no power to cite for contempt
rights and to monitor the compliance by the
for violation of the restraining order or a writ of
government with international treaty obligations
preliminary injunction. The cease and desist
on human rights. As held in Carino vs.
order, according to the Court, is a semantic
Commission on Human Rights, 204 SCRA 483,
Interplay for a restraining order. Its power to cite
the Commission on Human Rights has no
for contempt should be understood to apply
power to decide cases involving violations of
only to violations of its adopted operational
civil and political rights. It can only investigate
guidelines and rules of procedure essential to
them and then refer the matter to the
carry out its investigatorial powers, which it is
appropriate government agency.
constitutionally authorized to adopt.
ALTERNATIVE ANSWER:
If what is referred to in the problem is the
Commission on Human Rights; Power to
Commission on Human Rights under the United
issue TRO (2001)
National Economic and Social Council, the case
may be investigated by the Commission based No VI - In order to implement a big government
on 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
investigation in the usual sense of the term, the 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
DPWH and the LGU objected to the order of the
No. 8 - About a hundred people occupied a
CHR
parcel of land in Quezon City belonging to the
city government and built shanties thereon Resolve which position is correct. Reasons
which they utilized for dwelling, sari-sari stores, (5%)
etc. The City Mayor issued an order directing
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 149
SUGGESTED ANSWER; consequent danger to life and limb
cannot be ignored. It is paradoxical that
The position of the Department of Public Works
a right which is claimed to have been
and Highways and of the local government unit
violated is one that cannot, in the first
is 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
Commission on Human Rights, G.R.
are merely investigatory.
No. 100150, January 5, 1994)
The application of treaty norms of international 2) Human rights are broader in scope than civil
law on human rights, such as the provision and 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 inherent in persons from the fact of their
acts of private citizens composing Walang humanity. Every man possesses them
Sugat cannot themselves constitute a violation everywhere and at all times simply because he
by the Philippines as a State. is a human being. On the other hand, some civil
and political rights are not natural rights. They
SUGGESTED ANSWER:
exist because they are protected by a
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 169
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 human United Nations, Nova can premise its cause of
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 Over
2) By virtue of the principle of sovereign
States
immunity, no sovereign state can be made a
1994 No. 20: The sovereignty over certain party to a proceeding before the International
islands is disputed between State A and State Court of Justice unless it has given its consent.
B. These two states agreed to submit their If Ameria has not accepted the Jurisdiction of
disputes to the International Court of Justice the International Court of Justice. Ameria can
[ICJ]. invoke the defense of lack of jurisdiction. Even
if Ameria has accepted the jurisdiction of the
1) Does the ICJ have jurisdiction to take
court but the acceptance is limited and the
cognizance of the case?
limitation applies to the case, it may invoke
2) Who shall represent the parties before the such 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 to
3) If jurisdiction over Ameria is
appear before the International Court of Justice
established, the case should be decided in
in their behalf, and these agents need not be
favor of Nova, .... if jurisdiction over Ameria is
their own nationals. However, under Article 16
not established, the case should be decided in
of the Statutes of the International Court of
favor of Ameria because of the principle of
Justice, no member of the court may appear as
sovereign immunity.
agent in any case.
International Convention; Law of the Sea 4. Who is its incumbent president? (1%)
(2004) The 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 She is a national of the United Kingdom or
nets dragged up red corals found near Batanes. a British subject.
By international convention certain corals are (NOTE: Since questions IX(4) and IX(5) do
protected species, just before the vessel not test the examinees' knowledge of the
reached the high seas, the Coast Guard patrol law, it is suggested that they be
intercepted the vessel and seized its cargo 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, International Court of Justice a complaint
and 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
not? Reason briefly. (5%) of 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 submit
violation of any international convention. The themselves to the jurisdiction of the
vessel did not merely navigate through the International Court of Justice.
territorial sea, it also dragged red corals in
violation of the international convention which International Law vs. Municipal Law;
protected the red corals. This is prejudicial to Territorial Principle; International Crimes
the good order of the Philippines. (Article 19(2) (Q2-2005)
of 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 171
of Section 11, Article II (Possession of order to establish probable cause, as
Prohibited Drugs) of Republic Act (R.A.) required by Sections 3 and 4 of Rule 126.
No. 9165 (Comprehensive Dangerous In any event, there is no showing that the
Drugs Act of 2002) for the search and requisite quantum of probable cause was
seizure of heroin in the cabin of the Captain established by mere reference to the
of the MSS Seastar, a foreign-registered affidavits and other documentary evidence
vessel which was moored at the South presented.
Harbor, 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
Trust Territories? Does the United Nations
vessel, they saw a box containing ten (10)
exercise sovereignty over these territories? In
kilograms of heroin under the bed in the
the affirmative, how is this jurisdiction
Captain's cabin. The RTC found probable
exercised?
cause for the issuance of a search warrant;
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
No. 9165 committed on foreign-registered
and Turkey which were placed by the League of
vessels found in Philippine waters.
Nations under the administration of
mandatories to promote their development and
Is the ruling of the court correct? Support
ultimate independence. (Harris, Cases and
your answer with reasons. (5%)
Materials on International Law, 5th ed., p. 131.)
When the United Nations replaced the League
ALTERNATIVE ANSWER:
of Nations, the system of Mandates was
The court's ruling is not correct. The
replaced by the System of Trust Territories. The
foreign-registered vessel was not in transit.
United Nations exercised residuary sovereignty
It was moored in South Harbor, Manila, its
over the Trust Territories through the Trustee
port of destination. Hence, any crime
Powers, who exercised the powers of
committed on board said vessel, like
sovereignty subject to supervision by and
possession of heroin, is triable by our
accountability to the United Nations.
courts (U.S. v. Ah Sing, G.R. No. 13005,
(Oppenheim-Lauterpacht, International Law,
October 10, 1917), except if the crime
Vol. I, 7th ed., pp. 213-214.) (Since there are no
involves the internal management of the
more Trust Territories, this is just a matter of
vessel.
historical 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
also be asserted on the basis of the
they were prepared for independence.
universality principle, which confers upon all
Territories under mandate were not under the
states the right to exercise jurisdiction over
sovereignty of any State; they were
delicta juris gentium or international crimes,
administered by a mandatory power which was
such as the international traffic narcotics.
responsible to the League of Nations for the
The possession of 10 kgs. of heroin
development and welfare of the disadvantaged
constitutes commercial quantity and
subject peoples towards independence. Thus,
therefore qualifies as trafficking of
mandated territories were under the jurisdiction
narcotics.
of the mandatory power, subject to the
supervision of the League of Nations.
Consequently, the denial of the search
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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 172
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
Council are created by the UN Charter. that will decide the case, it will uphold
international law over municipal law. As held by
The trusteeship system under Chapters
the Permanent International Court of Justice in
XII and XIII of the UN Charter is established
the case of the Polish Nationals in Danzig, a
under the supervision of the UN Trusteeship
State cannot invoke its own Constitution to
Council under the authority of the General
evade obligations incumbent upon it under
Assembly for the promotion of political and
international law.
socio-economic development of peoples in trust
territories towards independent status. A new ALTERNATIVE ANSWER
feature of the UN trusteeship system is the
I would take the proposition assigned to
creation of a new category of territories, the
Team "C" as being nearer to the legal reality in
strategic trust territories, which is under the
the Philippines, namely, "A country's
supervision of the Security Council instead of
Constitution prevails over international law but
the Trusteeship Council.
international law prevails over municipal
Under the foregoing conditions, the 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
may prevail.
General Assembly, except with respect to
strategic areas or territories which are placed In the Philippine legal system, there are
under the jurisdiction of the Security Council. no norms higher than constitutional norms. The
fact that the Constitution makes generally
Municipal Law vs. International Law (2003)
accepted principles of international law or
No XVI- An organization of law students conventional international law as part of
sponsored an inter-school debate among three Philippine law does not make them superior to
teams with the following assignments and statutory law, as clarified in Secretary of Justice
propositions for each team to defend: v. Lantion and Philip Morris decisions.
Team "A" - International law prevails Neutrality of States (1988)
over municipal law. Team "B" - Municipal law
No. 20: Switzerland and Australia are
prevails over international law. Team "C" - A
outstanding examples of neutralized states,
country's Constitution prevails over international
law but international law prevails over municipal 1. What are the characteristics of a
statutes. neutralized state?
If you were given a chance to choose the 2. Is neutrality synonymous with
correct proposition, which would you take and neutralization? If not, distinguish one from the
why? other.
SUGGESTED ANSWER: SUGGESTED ANSWER:
I shall take the proposition for Team C. 1. Whether simple or composite, a State is said
International Law and municipal law are to 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 enter into such international obligations as
of 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 173
wish to take an active part in international Outer space in this estimate begins from the
politics. The power that guarantee its lowest altitude an artificial satellite can remain
neutralization may be motivated either by in orbit. Under the Moon Treaty of 1979 the
balance of power considerations or by the moon and the other celestial bodies form part of
desire to make the weak state a buffer between outer space.
the 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
war, whereas neutralization is a condition that in Space Convention of 1974 and the Liability
applies in peace or in war. Secondly, for 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
1. What is the principle of auto-limitation?
the 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
power (Reagan v. CIR, G.R. L-26379,
No XIX - What is outer-space? Who or which
December 27, 1969).
can exercise jurisdiction over astronauts while
in outer space?
Reciprocity v. Principle of Auto-Limitation
ALTERNATIVE ANSWER: (Q10-2006)
2. What is the relationship between
There are several schools of thought regarding
reciprocity and the principle of auto-
the determination of outer space, such as the
limitation? (2.5%)
limit of air flight, the height of atmospheric
ALTERNATIVE ANSWER:
space, infinity, the lowest altitude of an artificial
When the Philippines enters into treaties,
satellite, and an altitude approximating
necessarily, these international
aerodynamic lift. Another school of thought
agreements may contain limitations on
proceeds by analogy to the law of the sea. It
Philippine sovereignty. The consideration
proposes that a State should exercise full
in this partial surrender of sovereignty is
sovereignty up to the height to which an aircraft
the reciprocal commitment of other
can ascend. Non-militant flight instrumentalities
contracting states in granting the same
should be allowed over a second area, a
privilege and immunities to the Philippines.
contiguous zone of 300 miles. Over that should
For example, this kind of reciprocity in
be outer space. The boundary between
relation to the principle of auto-limitation
airspace and outer space has not yet been
characterizes the Philippine commitments
defined. (Harris, Cases and Materials on
under WTO-GATT. This is based on the
International Law, 5th ed.. pp. 251-253.) Under
constitutional provision that the Philippines
Article 8 of the Treaty on the Principles
"adopts the generally accepted principles
Governing the Activities of States in the
of international law as part of the law of
Exploration and Use of Outer Space, Including
the land and adheres to the policy of ...
the Moon and Other Celestial Bodies, a State
cooperation and amity with all nations"
on whose registry an object launched into outer
(Tanada v. Angara, G.R. No. 118295, May
space retains jurisdiction over the astronauts
2, 1997).
while they are in outer space.
ALTERNATIVE ANSWER:
Outer space is the space beyond the airspace
Recognition of States; De Facto vs. De Jure
surrounding the Earth or beyond the national
Recognition (1998)
airspace. In law, the boundary between outer
space and airspace has remained No XII. Distinguish between de facto
undetermined. But in theory, this has been recognition and de jure recognition of states.
estimated to be between 80 to 90 kilometers. [5%)
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 174
SUGGESTED ANSWER: various parts of Asia. The Japanese
Government has accordingly launched a
The following are the distinctions between de
goodwill campaign and has offered the
facto recognition and de Jure recognition of a
Philippine Government substantial assistance
government:
for a program that will promote — through
1. De facto recognition is provisional, de Jure government and non-governmental
recognition is relatively permanent; organizations — womens' rights, child welfare,
nutrition and family health care.
2. De facto recognition does not vest title in
the government to its properties abroad; de An executive agreement is about to be
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. (Cruz.
deemed covered by the reparations
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
not clear in international law. It is, however, on the validity of the agreement. Advise him.
usually assumed as a point of distinction that
SUGGESTED ANSWER:
while de facto recognition is provisional and
hence may be withdrawn, de jure recognition is The agreement is valid. The comfort women
final and cannot be withdrawn. and their descendants cannot assert individual
claims against Japan. As stated in Davis &
Confronted with the emergence of a
Moore vs. Regan, 453 U.S. 654, the sovereign
new political entity in the international
authority of a State to settle claims of its
community, a State may experience some
nationals against foreign countries has
difficulty in responding to the question whether
repeatedly been recognized. This may be made
the new political order qualifies to be regarded
without the consent of the nationals or even
as a state under international law, in particular
without consultation with them. Since the
from the viewpoint of its effectiveness and
continued amity between a State and other
independence on a permanent basis. The
countries may require a satisfactory
recognizing State may consider its act in regard
compromise of mutual claims, the necessary
to the new political entity as merely a de facto
power to make such compromises has been
recognition, implying that it may withdraw it if in
recognized. The settlement of such claims may
the end it turns out that the conditions of
be made by 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 to Epsilon's territorial sea which has been used by
withdraw recognition if the conditions of foreign ships for international navigation. Such
statehood in international law are not fulfilled. passage enabled the said ships to traverse the
Thus, from this standpoint, the distinction is not strait between one part of the high seas to
legally significant. another. On June 7, 1997, a warship of State
Beta passed through the above-named strait.
Note: The question should refer to recognition
Instead of passing through continuously and
of government not recognition of state because
expeditiously, the ship delayed its passage to
there is no such distinction in recognition of
render assistance to a ship of State Gamma
state.
which was distressed with no one nearby to
assist. When confronted by Epsilon about the
Reparations Agreement; Validity (1992) delay, Beta explained that the delay was due to
No. 14: The Japanese Government confirmed force majeure in conformity with the provision of
that during the Second World War, Filipinas Article 18(2) of the 1982 Convention on the Law
were among those conscripted as "comfort of the Sea (UNCLOS). Seven months later,
women" (or prostitutes) for Japanese troops in Epsilon suspended the right of innocent
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 175
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
aforesaid act of Epsilon drawing attention to the and the owner of the cargo protested, claiming
existing customary international law that the the rights of transit passage and innocent
regime of innocent passage (even of transit passage, and sought recovery of the cargo and
passage) is non-suspendable. Epsilon the release of the ship. Is the claim meritorious
countered that Mantranas Strait is not a or not? 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 to vessel did not merely navigate through the
the UNCLOS, the controversy maybe resolved territorial sea, it also dragged red corals in
as follows: violation of the international convention which
protected the red corals. This is prejudicial to
Under the UNCLOS, warships enjoy a
the good order of the Philippines. (Article 19(2)
right of innocent passage. It appearing that the
of the Convention on the Law of the Sea)
portion of Epsilon's territorial sea in question is
a 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 Charter
45(2) of the UNCLOS is clear in providing that (1991)
there shall be no suspension of innocent No. 14: State X invades and conquers State Y.
passage through straits used for international The United Nations Security Council declares
navigation. the 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, Subsequently, the same U.N. body adopts a
still the suspension of innocent passage by resolution calling for an enforcement action
Epsilon cannot be effective because against State X under Chapter VII of the U.N.
suspension is required under international law Charter. State Z, a U.N. member, religiously
to be duly published before it can take effect. complies with the embargo but refuses to take
There being no publication prior to the part in the enforcement action, sending a
suspension of innocent passage by Beta's medical mission instead of fighting troops to the
warship, Epsilon's 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 the U.N. Charter?
reason that there is no showing that it is (b) If so, what sanctions may be taken against
essential for the protection of its security. The it?
actuation of Beta's warship in resorting to
delayed passage is for cause recognized by the (c) If not, why not?
UNCLOS as excusable, i.e., for the purpose of ANSWER:
rendering assistance to persons or ship in
distress, as provided in Article 18(2) of the (a) No, State Z did not violate its
UNCLOS. Hence, Beta's warship complied with obligations under the United Nations Charter. It
the international law norms on right of innocent complied with the resolution calling for
passage. enforcement action against State X, because it
sent a medical team.
Right to Transit and Innocent Passage
(2004) (b) No sanctions may be taken against
II-B. En route to the tuna fishing grounds in State Z. because it did not violate its obligation
the Pacific Ocean, a vessel registered in under the United Nations Charter.
Country TW entered the Balintang Channel (c) Compliance with the resolution
north of Babuyan Island and with special hooks calling for enforcement action against Slate X
and nets dragged up red corals found near does not necessarily call for the sending of
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 176
fighting troops. Under Art 43 of the United procedures and a customary norm is the
Nations Charter, compliance with the call for product of the formation of general practice
enforcement action against State X has to be accepted as law.
made in accordance with a special agreement
By way of illustrating International Convention
with the Security Council and such agreement
as 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
their degree of readiness and general locations,
on the Law of Treaties which reads: "Every
and the nature of the facilities and assistance to
State possesses capacity to conclude treaties".
be supplied by members of the United Nations.
It tells us what the law is and the process or
method by which it came into being.
Sources of International Law; Primary & International Custom may be concretely
Subsidiary Sources (2003) illustrated by pacta sunt servanda, a customary
No XV - State your general understanding of or general norm which came about through
the primary sources and subsidiary sources of extensive and consistent practice by a great
international law, giving an illustration of each. number of states 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 the Justice, for example, may serve as material
International Court of Justice, the PRIMARY evidence confirming or showing that the
SOURCES of international law are the prohibition against the use of force is a
following: customary norm, as the decision of the Court
1. International conventions, e.g., Vienna has demonstrated in the Nicaragua Case. The
Convention on the Law of Treaties. status of a principle as a norm of international
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 the McNair, Kelsen or Oppenheim.
prohibition against torture.
3. General principles of law recognized by Sovereign Immunity of States; Absolute vs.
civilized nations, e.g., prescription, res Restrictive (1998)
judicata, and due process. No XIII. What is the doctrine of Sovereign
immunity in international Law? [5%]
The SUBSIDIARY SOURCES of international SUGGESTED ANSWER:
law are judicial decisions, subject to the By the doctrine of sovereign immunity, a
provisions of Article 59, e.g., the decision in the State, its agents and property are immune from
Anglo-Norwegian Fisheries Case and the judicial process of another State, except
Nicaragua v. United States, and TEACHINGS with its consent. Thus, immunity may be waived
of the most highly qualified publicists of various and a State may permit itself to be sued in the
nations, e.g., Human Rights in International 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 absolute
Reflecting general international law, Article immunity, all acts of a State are covered or
38(1) of the Statute of the International Court of protected by immunity. On the other hand,
Justice is understood as providing for restrictive immunity makes a distinction
international convention, international custom, between governmental or sovereign acts (acta
and general principles of law as primary jure imperii) and nongovernmental, propriety or
sources of international law, while indicating commercial acts (acta jure gestiones). Only the
that judicial decisions and teachings of the most first category of acts is covered by sovereign
highly qualified publicists as "subsidiary means immunity.
for the determination of the rules of law." The Philippine adheres to the restrictive
The primary sources may be considered as 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 177
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
their jurisdiction or control do not cause
"The traditional rule of State immunity exempts
damage to the environment of other States.
a State from being sued in the courts of another
State 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,
International Law? (2.5%)
the rules of International Law are not petrified,
ALTERNATIVE ANSWER:
they are constantly developing and evolving.
State sovereignty signifies independence
And because the activities of states have
in regard to a portion of the globe, and the
multiplied. It has been necessary to distinguish
right to exercise and enforce jurisdiction
them — between sovereign and government
therein, to the exclusion of any other state
acts [jure imperii] and private, commercial and
the functions of the state [See Island of
proprietary acts (jure gestionis), The result is
Las Palmas Case (US v. The Netherlands)
that State immunity now extends only to acts
2 R.IAA. 829]. Sovereignty means in-
jure imperii."
dependence from outside control. The
1933 Montevideo Convention expresses
Sovereignty of States; Natural Use of
this in positive terms as including "the
Territory (1989)
capacity to enter into relations with other
No. 19: The Republic of China (Taiwan), in its states."
bid to develop a hydrogen bomb and defend ALTERNATIVE ANSWER:
itself against threats of invasion coming from Under the principle of state sovereignty in
the People's Republic of China, conducted a International Law, all states are sovereign
series of secret nuclear weapons tests in its equals and cannot assert jurisdiction over
own 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:
sovereignty? State sovereignty is not absolute. On the
contrary, the rule says that the state may
ANSWER:
not be sued without its consent, which
In the Trial Smelter Arbitration between clearly imports that it may be sued if it
the United States and Canada, the Arbitral consents. Moreover, certain restrictions
Tribunal held that air pollution from Canada enter into the picture: (1) limitations
should be enjoined, because sovereignty imposed by the very nature of membership
includes the right against any encroachment in the family of nations; and (2) limitations
which might prejudice the natural use of the imposed by treaty stipulations. The
territory and the free movement of its sovereignty of a state therefore cannot in
inhabitants. fact and in reality be considered absolute
(Tanada v. Angara, G.R. No. 118295, May
Since the nuclear tests conducted by
2,1997).
the Republic China resulted in radioactive
ALTERNATIVE ANSWER:
fallouts which contaminated the rivers and other
Sovereignty is absolute with respect to
bodies of water within the Philippines, the
exclusive competence over internal
Republic of China violated the sovereignty of
matters [See Island of Las Palmas Case
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 as part of its obligations under
the 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 conditions of independence and equality.
to other States and their environment. Principle
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 178
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
forces occupied the Spratly Island group during
who has been a long-time resident of the place
the Second World War. However, under the
was caught by the rebels and robbed of his
San Francisco Peace Treaty of 1951 Japan
cash and other valuable personal belongings.
formally renounced all right and claim to the
Within minutes, two truckloads of government
Spratlys. The San Francisco Treaty or any
troops arrived prompting the rebels to withdraw.
other International agreement however, did not
Before fleeing they shot the American causing
designate any beneficiary state following the
him physical injuries. Government troopers
Japanese renunciation of right. Subsequently,
immediately launched pursuit operations and
the Spratlys became terra nullius and was
killed several rebels. No cash or other valuable
occupied by the Philippines in the title of
property taken from the American businessman
sovereignty. Philippine sovereignty was
was recovered.
displayed by open and public occupation of a
In an action for indemnity filed by the US number of islands by stationing of military
Government in behalf of the businessman for forces, by organizing a local government unit,
injuries and losses in cash and property, the and by awarding petroleum drilling rights,
Cambodian government contended that under among other political and administrative acts. In
International Law it was not responsible for the 1978, it confirmed its sovereign title by the
acts of the rebels. promulgation of Presidential Decree No. 1596,
which declared the Kalayaan Island Group part
1. Is the contention of the Cambodian
of Philippine territory.
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 under
toppled, may the new government be held
International Law?
responsible for the injuries or losses suffered by
the American businessman? Explain. 2. What are the consequences of
statelessness?
ANSWER;
3. Is a stateless person entirely without right,
1. Yes, the contention of the Cambodian
protection or recourse under the Law of
Government is correct. Unless it clearly
Nations? Explain.
appears that the government has failed to use
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
ANSWER:
are not its agents and their acts were done
without its volition. In this case, government 1. STATELESS PERSONS are those who are
troopers immediately pursued the rebels and not considered as nationals by any State under
killed several of them. the operation of its laws.
2. The new government may be held
responsible if it succeeds in overthrowing the
2. The consequences of statelessness are the
government. Victorious rebel movements are
following:
responsible for the illegal acts of their forces
during the course of the rebellion. The acts of (a) No State can intervene or complain
the rebels are imputable to them when they in behalf of a stateless person for
assumed as duly constituted authorities of the an international delinquency
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 or
Philippines' claim to a part of the Spratly public order.
Islands?
(c) He cannot avail himself of the
SUGGESTED ANSWER: protection and benefits of
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 179
citizenship like securing for himself Under Section 1, Article I of the 1987
a passport or visa and personal Constitution, the INTERNAL WATERS of the
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 International Law, 5th ed., 1998, p. 407.)
with respect to freedom of religion, access to
Internal waters are the waters on the
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
find justification in International Law? Explain.
the contracting States results in the loss of
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
another nationality.
of self-defense under Article 51 attack by Iraq,
ALTERNATIVE ANSWER; and there was no necessity for anticipatory self-
defense which may be justified under
Under the Convention on the Reduction of
customary international law. Neither can they
Stateless-ness of 1961, a contracting state shall
justify their invasion on the ground that Article
grant its nationality to a person born in its
42 of the Charter of the United Nations permits
territory who would otherwise be stateless and
the use force against a State if it is sanctioned
a contracting state may not deprive a person or
by the Security Council. Resolution 1441, which
a group of persons of their nationality for racial,
gave Iraq a final opportunity to disarm or face
ethnic, religious or political grounds.
serious consequences, did not authorize the
use of armed force.
Territorial Sea vs. Internal Waters (2004)
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 is
the Philippines.
covered by the prohibition against the use of
SUGGESTED ANSWER: force prescribed by the United Nations Charter
and it does not fall under any of the exceptions
A. (1) TERRITORIAL SEA is an adjacent belt of
to that prohibition.
sea with a breadth of twelve nautical miles
measured from the baselines of a state and The UN Charter in Article 2(4) prohibits
over which the state has sovereignty. (Articles 2 the use of force in the relations of states by
and 3 of the Convention on the Law of the Sea.) providing that all members of the UN "shall
Ship of all states enjoy the right of innocent refrain in their international relations from the
passage through the territorial sea. (Article 14 threat or use of force against the territorial
of the Convention on the Law of the Sea.) integrity or political independence of any state,
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 180
or in any other manner inconsistent with the of Nova and to replace it with a friendly
purposes of the United Nations." This mandate government.
does not only outlaw war; it encompasses all
Nova decided to file a case against
threats of and acts of force or violence short of
Ameria in the International Court of Justice
war.
1) On what grounds may Nova's causes of
As thus provided, the prohibition is
action against Ameria be based?
addressed to all UN members. However, it is
now recognized as a fundamental principle in 2) On what grounds may Ameria move to
customary international law and, as such, is dismiss the case with the ICJ?
binding on all members of the international
3) Decide the case.
community.
ANSWER:
The action taken by the allied forces
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 United Nations, Nova can premise its cause of
force 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 Article
the territorial integrity or political independence
51;
of any state. If either or both Nova or Ameria
(2) enforcement measure involving the are not members of the United Nations, Nova
use of armed forces by the UN may premise its cause of action on a violation
Security Council under Article 42; of the non-use of force principle in customary
and international law which exists parallel to Article
2(4) of the United Nations Charter.
(3) enforcement measure by regional
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 monetary or psychological support but
Moreover, the action of the allied forces was
consists in the provision of arms and training,
taken in defiance or disregard of the Security
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 violation of the non-use of force principle, this is
of implementation; so was Iraq's compliance a violation of the principle of non-intervention in
with such disarmament obligations. customary International law.
Aggression is the use of armed force by
Use of Force; Principle of Non-Intervention
a state against the sovereignty, territorial
(1994)
integrity or political independence of another
No. 19; The State of Nova, controlled by an state or in any other manner inconsistent with
authoritarian government, had unfriendly 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
party to a proceeding before the International
in 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 181
3) If jurisdiction over Ameria is established, the (2) It may bring the matter to the
case should be decided in favor of Nova, Security Council which may authorize sanctions
because Ameria violated the principle against against Country X, including measure invoking
the use of force and the principle of non- the use of force. Under Article 4 of the UN
Intervention. The defense of anticipatory self- Charter, Country Y may use force against
defense cannot be sustained, because there is Country X as well as against the Ali Baba
no showing that Nova had mobilized to such an organization by authority of the UN Security
extent that if Ameria were to wait for Nova to Council.
strike first it would not be able to retaliate.
SECOND ALTERNATIVE ANSWER:
However, if jurisdiction over Ameria is not
Under the Security Council Resolution No.
established, the case should be decided in
1368, the terrorist attack of Ali Baba may be
favor of Ameria because of the principle of
defined as a threat to peace, as it did in defining
sovereign immunity.
the September 11, 2001 attacks against the
United States. The resolution authorizes military
Use of Force; Right of Self-defense (2002)
and other actions to respond to terrorist attacks.
No XIX. On October 13, 2001, members of Ali However, the use of military force must be
Baba, a political extremist organization based in proportionate and intended for the purpose of
and under the protection of Country X and detaining the persons allegedly responsible for
espousing violence worldwide as a means of the crimes and to destroy military objectives
achieving its objectives, planted high-powered used by the 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 War
pressure Country Y to release captured (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
wage aggressive war without transgressing
and deliver Bin Derdandat to the government
International law, it could use war as an
authorities of Country Y for the purpose of trial
Instrument of self-defense, and that the nation
and "in the name of justice." Country X refused
itself must be the sole judge of whether its
to 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 No rule of International law gives a state
your answer with reasons. (5%) resorting to war allegedly in self-defense the
right to determine with a legally conclusive
FIRST ALTERNATIVE ANSWER:
effect the legality of such action.
(1) Country Y may exercise the right
The Judgment of the Nuremberg
of self-defense, as provided under Article 51 of
International Military Tribunal rejected the
the UN Charter "until the Security Council has
defense of the Nazi war criminals:
taken measure necessary to maintain
international peace and security". Self-defense "But whether action taken under the
enables Country Y to use force against Country claim of self-defense was in fact aggressive or
X as well as against the Ali Baba organization. defensive must ultimately be subject to
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 182
investigation and adjudication if international operations by air, sea, or land forces of
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 member
assume the nature of war. War requires "a
state, until the Security Council has taken
declaration of war giving reasons" under the
measures necessary to maintain
Hague Convention II of 1907. Precisely, the
international peace and security.
Nazi war criminalwere indicted before the
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 as
No. 3: Reden, Jolan and Andy. Filipino tourists,
meaning "that the nation itself must be the sole
were in Bosnia-Herzegovina when hostilities
Judge of whether its action were in self-
erupted between the Serbs and the Moslems.
defense", it is clear that what they had in mind
Penniless and caught in the crossfire, Reden,
in fact is "war as an instrument of national
Jolan, and Andy, being retired generals, offered
policy", not self-defense as an objective right
their services to the Moslems for a handsome,
under International law.
salary, which offer was accepted. When the
Waging was as an instrument of Serbian National Guard approached Sarajevo,
national law is prohibited by the Pact of Paris of the Moslem civilian population spontaneously
1928 (Kellog - Braid Part) of which Germany took up arms to resist the invading troops. Not
was already a state party before the Second finding time to organize, the Moslems wore
World War. Precisely, the German Reich was armbands to identify themselves, vowing to
indicted before the Nuremberg Tribunal for observe the laws and customs of war. The
violation of the Pact of Paris and the Nazi war three Filipinos fought side by side with the
criminals were found guilty of this as a war Moslems. The Serbs prevailed resulting in the
crime. capture of Reden, Jolan and Andy, and part of
the civilian fighting force.
Hence, the argument is itself an admission of
violation of international law. 1) Are Reden, Jolan and Andy considered
combatants thus entitled to treatment as
Use of Force; When allowed (1988) prisoners of war?
1. The Charter of the United Nations prohibits 2) Are the captured civilians likewise prisoners
not only recourse to war but also resort to the of war?
use of force or threat. In the ardent desire to ANSWER:
maintain peace, the Charter obliges members
to settle their international disputes by peaceful 1) Reden, Jolan and Andy are not combatants
means and to refrain in their international and are not entitled to treatment as prisoners of
relations from the threat or use of force. war, because they are mercenaries. Article 47
The same Charter, however, recognizing of the Protocol I to the Geneva Conventions of
perhaps the realities of international relations, 1949 provides:
allows the use of force in exceptional "A Mercenary shall not have the right to
occasions. be combatant or a prisoner of war."
Please state two occasions when the use of Pursuant to Article 47 of Protocol I 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
1. Under art. 42 of the UN Charter, should the in fact took direct part in the hostilities, they
Security Council consider that pacific were motivated to take part in the hostilities
methods of settling disputes are essentially by the desire for private gain and in
inadequate, it may take such action by air, fact was promised a handsome salary by the
sea, or land forces as may be necessary to Moslems, they were neither nationals of a party
maintain or restore international peace and to 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
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 183
conflict, and they were not sent by a state which B. Section 40 of the Civil Service Decree has
is not a party to the conflict on official duty as been repealed by Republic Act No. 6654. 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
relative to the Treatment of Prisoners of War,
Phil. 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
Civil Service Commission, since the act of the
up arms to resist the invading forces, without
governor is patently Illegal.
having had time to form themselves into regular
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
Remedies (2000)
power of the enemy.
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%)
SUGGESTED ANSWER: SUGGESTED ANSWER:
Under the WILSON DOCTRINE, recognition
shall not be extended to any government A.) The doctrine of exhaustion of administrative
established by revolution or internal violence remedies means that when an adequate
until the freely elected representatives of the remedy is available within the Executive
people have organized a constitutional Department, a litigant must first exhaust this
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 Court of Appeals, 165 SCRA 344 [19881)
with 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 B.) The following are the exceptions to the
state to accept, maintain or replace its application of the doctrine of exhaustion of
government. (Cruz, International Law, 2003 ed.) administrative remedies:
(In view of recent developments, the Wilson 1. The question involved is purely legal;
doctrine 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
Admin Law; Exhaustion of Administrative
intervention;
Remedies (1991)
5. The claim involved is small;
No. 9: B, For being notoriously undesirable
and a recidivist, Jose Tapulan, an employee in 6. Grave and irreparable injury will be
the first level of the career service in the Office suffered;
of the Provincial Governor of Masbate, was
7. There is no other plain, speedy and
dismissed by the Governor without formal
adequate remedy;
investigation pursuant to Section 40 of the Civil
Service Decree (P.D. No. 807} which authorizes 8. Strong public interest is involved;
summary 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);
There is NO PRACTICAL
DISTINCTION between an
instrumentality and agency, for all
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 188
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A Compilation of the
In the
In
POLITICAL LAW
Compiled and Arranged By:
&
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FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the author.
The Author
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TABLE OF CONTENTS
(Titles are based on Silliman’s Compilation [Arranged by Topic])
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Hierarchy of Civil Liberties; Freedom of Religion; Search and Seizure (2012) ……..….....25
ARTICLE IV Citizenship
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ARTICLE IX COMELEC
Election Laws
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Human Rights; Civil and Political Rights; Freedom from Torture (2010) ……………………94
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is further stated that the regime of No.I.c. A law that makes military service for
archipelagic sea lanes passage will not women merely voluntary is constitutional
affect the status of its archipelagic SUGGESTED ANSWER:
waters or the exercise of sovereignty
FALSE. In the defense of the state, all
over waters and air space, bed and
citizens may be required by law to
subsoil and the resources therein (Prof.
render personal, military or civil service
Merlin Magallona, et al v. Hon. Eduardo
(Section 4, Article II of the Constitution).
Ermita, in his capacity as Executive
The duty is imposed on all citizens
Secretary, et al, G.R. No. 187167, 16
without distinction as to gender.
July 2011)
ALTERNATIVE ANSWER:
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CBM contested the termiination and filed a expressly waived its immunity from suit.
Regional Trial Court of Makati. The Section 3, Article XVI of the 1987
Ambassador wants you to file a motion to Constitution, which says that the State
dismiss on the ground of state immunity may not be sued without its consent.
from suit and to oppose the position that Since consent was expressly given from
Kafiristan expressly waives its immunity cannot invoke immunity from suit.
from suit.
Yes, the Embassy can invoke immunity The imported goods were released only on
from suit. Section 10 of the Maintenance January 10,2013. A group of importers got
Agreement is not necessarily a waiver of together and filed an action for damages
sovereign immunity from suit. It was before the Regional Trial Court of Manila
meant to apply in case the Republic of against the Department of Finance and the
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lease of ten (10) high powered van cranes Moreover, the Bureau of Customs is a
but delivered only five (5) of these cranes, part of the Department of Finance, with
thus causing the delay in its cargo-handling no personality of its own apart from that
operations. It appears that the Bureau, of the national government. Its primary
despite demand, did not pay XYZ Corp. the function is governmental, that of
Php 1.0 Million deposit and advance rental assessing and collecting lawful revenues
required under their contract. from imported articles and all other
tariff and customs duties, fees, charges,
(A) Will the action by the group of importers fines, and penalties (Sec. 602, RA 1937).
prosper? (5%) This clearly explains the reason why the
Department of Finance also enjoys
SUGGESTED ANSWER:
immunity from suit.
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No, XYZ corporation cannot sue the sustained by a pedestrian who was hit by a
Bureau of Customs because it has no glass pane that fell from a dilapidated
personality separate from that of the window frame of the municipal hall. The
Republic of the Philippines (Mobil municipality files a motion to dismiss the
Philippines Exploration, Inc. vs. Customs complaint, invoking state immunity from
Arrastre Service, 18 SCRA 120). suit. Resolve the motion with reasons. (3%).
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saw them come out of the victim's house at which include the maintenance of peace
about the time of the robbery/killing. The and order (People vs. Sunga, 399 SCRA
police confronted the three with this and 624).
other information they had gathered, and
pointedly accused them of committing the ALTERNATIVE ANSWER:
crime.
The judgment of conviction should be
Lito initially resisted, but eventually broke reversed. The police officers committed
down and admitted his participation in the an offense by confronting the three
crime. Elated by this break and desirous of accused. This is a violation to Section
securing a written confession soonest, the 12, Article III of the 1987 Constitution,
police called City Attorney Juan Buan to which states that any person under
serve as the trio's counsel and to advise investigation for the commission of an
them about their rights during the offense shall have the right to be
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expropriate or acquire private property for vs. Secretary, G.R. No. L-10405, Dec. 29,
the redevelopment of slum areas, as well as 1960.) In this case, the main beneficiary
to lease or resell the property to private would be the private realty company.
developers to carry out the redevelopment The taking of private property and then
plan. Pursuant to the law, the NHA transferring it to private persons under
acquired all properties within a targeted the guise of public use is not within the
badly blighted area in San Nicolas, Manila power of eminent domain (Heirs of
except a well-maintained drug and Moreno vs. Mactan Airport, G.R. No.
convenience store that poses no blight or 156273, August 9, 2005).
health problem itself. Thereafter, NHA
initiated expropriation proceedings against
the store owner who protested that his Eminent Domain; Socialized Housing
property could not be taken because it is (2009)
not residential or slum housing. He also
No.XVII. Filipinas Computer Corporation
contended that his property is being
condemned for a private purpose, not a (FCC), a local manufacturer of computers
and computer parts, owns a sprawling
public one, noting the NHA’s sale of the
plant in a 5,000-square meter lot in Pasig
entire area except his property to a private
City. To remedy the city’s acute housing
party. If you were the judge, how would you
shortage, compounded by a burgeoning
decide the case? (6%).
population, the Sangguniang Panglungsod
SUGGESTED ANSWER: authorized the City Mayor to negotiate for
the purchase of the lot. The Sanggunian
The power of the NHA is a delegated
intends to subdivide the property into small
power of eminent domain, strictly
residential lots to be distributed at cost to
construed against its holder and limited
qualified city residents. But FCC refused to
to the public purpose of redevelopment
sell the lot. Hard pressed to find a suitable
of slum areas. The expropriation of a
property to house its homeless residents,
property already previously excluded for
the city filed a complaint for eminent
not posing a blight of health problem
domain against FCC.
lacks public purpose and exceeds the
delegated power of the NHA. (a) If FCC hires you as lawyer, what defense
or defenses would you set up in order to
ALTERNATIVE ANSWER:
resist the expropriation of the property?
The power of expropriation cannot be Explain.
used to benefit private parties (Pascual SUGGESTED ANSWER:
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The following are the defenses that I will The mode of expropriation is subject to
set up: 2 conditions:
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No, the power of the Commission on judge this case, will you exonerate
Human Rights (CHR) is limited to fact- Angelina? Reasons. (3%)
finding investigations. Thus, it cannot
SUGGESTED ANSWER:
issue an “order to desist” against the
mayor, inasmuch as the order prescinds Yes. (Estrada vs Escritor, August, 4,
from an adjudicatory power that CHR 2003 and June 22, 2006) – Right to
does not possess. (Simon v. Commission freedom of religion must prevail.
on Human Rights, G.R. No. 100150, Benevolent neutrality recognizes that
January 5, 1994; Cariño v. Commission government must pursue its secular
on Human Rights, G.R. No. 96681, goals and interests, but at the same
December 2, 1991.) time, strive to uphold religious liberty to
the greatest extent possible within
flexible constitutional limits.
Freedom of Religion; Benevolent
Although the morality contemplated by
Neutrality Test (2009)
laws is secular, benevolent neutrality
No. XVI. (a) Angelina, a married woman, is could allow for accommodation of
a division chief in the Department of morality based on religion, provided it
Science and Technology. She had been does not offend compelling state
living with a married man, not her interest.
husband, for the last 15 years.
Administratively charged with immorality Benevolent neutrality approach requires
and conduct prejudicial to the best interest that the court make an individual
to the service, she admits her live-in determination and not dismiss the claim
arrangement, but maintains that this outright.
conjugal understanding is in conformity
(b) Meanwhile, Jenny, also a member of
with their religious beliefs. As members of
Yahweh’s Observers, was severely
the religious sect, Yahweh’s Observers, they
disappointed at the manner the Grand
had executed a Declaration of Pledging
Elder validated what she considered was on
Faithfulness which has been confirmed and
obviously immoral conjugal arrangement
blessed by their Council of Elders. At the
between Angelina and her partner. Jenny
formal investigation of the administrative
filed suit in court, seeking the removal of
case, the Grand Elder of the sect affirmed
the Grand Elder from the religious sect on
Angelina’s testimony and attested to the
the ground that his act in supporting
sincerity of Angelina and her partner in the
Angelina not only ruined the reputation of
profession of their faith. If you were to
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their religion, but also violated the exercising his freedom of speech and
constitutional policy upholding the sanctity freedom of expression guaranteed by the
of marriage and the solidarity of the family. Bill of Rights. Decide with reasons. (5%)
Will Jenny’s case prosper? Explain you
answer. SUGGESTED ANSWER:
SUGGESTED ANSWER:
Pedrong Pula should be acquitted. His
The case will not prosper. The freedom of speech should not be limited
expulsion/excommunication of members in the absence of a clear and present
of a religious institution/organization is danger of a substantive evil that the
a matter best left to the discretion of the state had the right to prevent. He
officials, and the laws and canons, of pretended to hurl a rock but did not
said institution/organization. (Taruc v. actually throw it. He did not commit any
Bishop dela Cruz, et al. Mar. 10, 2005). act of lawless violence. (David vs.
Macapagal-Arroyo, 489 SCRA 160).
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No.XVI. Nationwide protests have erupted and freedom from subsequent liability.
over rising gas prices, including disruptive There are three tests to determine
demonstrations in many universities, whether or not there was valid
throughout the country. The Metro Manila government interference: (1) dangerous
State University, a public university, tendency rule; (2) balancing of interest
adopted a university-wide circular test; and (3) clear and present danger
prohibiting public mass demonstrations test. In the Philippine jurisdiction, we
and rallies within the campus. Offended by adhere to the clear and present danger
the circular, militant students spread word test (ABS-CBN Broadcasting Corp. vs.
that on the following Friday, all students Comelec, G.R. No. 133486, Jan. 28,
were to wear black T-shirts as a symbol of 2000). This test simply means that there
their protest both against high gas prices is clear and present danger of a
and the university ban on demonstrations. substantive evil which the State has the
The effort was only moderately successful, right to prevent.
with around 30% of the students heeding
Applying the clear and present danger
the call. Nonetheless, university officials
test, the protest conducted by the
were outraged and compelled the student
students was only moderately successful
leaders to explain why they should not be
and the wearing of black shirts was
expelled for violating the circular against
neither tumultuous nor disruptive. Thus,
demonstrations.
the substantive evil which the school
The student leaders approached you for authorities were trying to suppress did
legal advice. They contended that they not even occur. Therefore, the
should not be expelled since they did not prohibition imposed by the circular
violate the circular, their protest action violates freedom from prior restraint
being neither a demonstration nor a rally while the threat of expulsion by the
since all they did was wear black T-shirts. school authorities violates freedom from
What would you advise the students? (6%) subsequent liability.
SUGGESTED ANSWER:
The wearing of black shirts is an exercise Freedom of the Press; Prior Restraint
of freedom of expression and not (2009)
necessarily freedom of assembly.
No.XV. The KKK Television Network (KKK-
Regardless of the distinction, in both
TV) aired the documentary, "Case Law: How
cases, the Constitutional guaranty
the Supreme Court Decides," without
includes freedom from prior restraint
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obtaining the necessary permit required by prior restraint has against it a heavy
P.D. 1986. Consequently, the Movie and presumption against its validity. Prior
Television Review and Classification Board restraint is an abridgment of the
(MTRCB) suspended the airing of KKK-TV freedom of expression. There is no
programs. MTRCB declared that under P.D. showing that the airing of the programs
1986, it has the power of prior review over would constitute a clear and present
all television programs, except "newsreels" danger (New York Times vs. United
and programs "by the Government", and States, 403 U.S. 713 [1971]).
the subject documentary does not fall
(b) While Memorandum Circular No. 98-17
under either of these two classes. The
was issued and published in a newspaper
suspension order was ostensibly based on
of general circulation, a copy thereof was
Memorandum Circular No. 98-17 which
never filed with the Office of the National
grants MTRCB the authority to issue such
Register of the University of the Philippines
an order.
Law Center. (2%)
KKK-TV filed a certiorari petition in court,
SUGGESTED ANSWER:
raising the following issues:
In accordance with Chapter 2, Book VII
(a) The act of MTRCB constitutes "prior
of the Administrative Code of 1987,
restraint" and violates the constitutionally
Memorandum Circular No. 98-17 must be
guaranteed freedom of expression; (3%)
filled with the University of the
SUGGESTED ANSWER: Philippines Law Center. It cannot be
enforced until it has been filed with the
The contention of KKK-TV is not
University of the Philippines Law Center
tenable. The prior restraint is a valid
(Pilipinas Shell Petroleum Corporation vs
exercise of police power. Television is a
Commissioner of Internal Revenue, 541
medium which reaches even the eyes
SCRA 316 [2007]).
and ears of children (Iglesia ni Cristo vs.
Court of Appeals, 259 SCRA 529 [1996]).
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(b) Distinguish fully between the "free without need of search warrant if the
exercise of religion clause" and the "non- following elements are present:
belief, which is subject to regulation. As discovered by the police who had the
a person to go to or remain away from of Estafa. On appeal, he filed with the Court
church against his will, or force him to of Appeals a Motion to Fix Bail for
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Mayor of the place of his residence that he travel are not absolute. The liberty of
is a resident of the area and that he will abode and changing it can be imposed
remain to be a resident therein until final within the limits prescribed by law upon
transfers residence, it must be with prior travel may be unpaired in the interest of
notice to the court". Further, he was national security, public safety, or public
Division Clerk of Court for safekeeping until (Section 6, Article III of the
the court orders its return. Constitution.) in addition, the court has
the inherent power to restrict the right
(a) Mr. Violet challenges the conditions of an accused who has pending criminal
imposed by the Court of Appeals as case to travel abroad to maintain its
violative of his liberty of abode and right to jurisdiction over him. (Santiago vs.
travel. Decide with reasons. (5%) Vasquez, 217 SCRA 633.)
SUGGESTED ANSWER
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both to free speech cases and penal Overbreadth Doctrine vs. Void for
statutes. However, a facial challenge on Vagueness (2010)
the ground of overbreadth can only be
No. XXIV. Compare and contrast
made in free speech cases because of its
“Overbreadth” doctrine from void-for
chilling effect upon protected speech. A
vagueness doctrine.
facial challenge on the ground of
overbreadth is not applicable to penal SUGGESTED ANSWER:
statutes, because in general they have
While the overbreadth doctrine decrees
an in terrorem effect. (Southern
Hemisphere Engagement Network, Inc. that a governmental purpose may not be
achieved by means in a statute which
vs. Anti-Terrorism Council, 632 SCRA
sweep unnecessary broadly and thereby
146.) (NOTE: The word “overbreath”
should read “overbreadth” because invades the area of protected freedom a
statute is void for vagueness when it
breath has no limit especially if it is bad
forbids or requires the doing of an act in
breath.)
terms so vague that men of common
(b) What is the doctrine of "void for intelligence cannot necessarily guess at
vagueness"? In what context can it be its meaning and differ as to its
correctly applied? Not correctly applied? application. (Estrada vs. Sandiganbayan,
Explain (5%) 369 vs. SCRA 394 [2001]).
ALTERNATIVE ANSWER:
SUGGESTED ANSWER
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Yes. although the Congress has the A tax of 30% on winnings from gambling
plenary power to enact law and interfere does not violate due process as to the
with the personal liberty and property in reasonableness of the rate of the tax
order to promote the general welfare, the imposed. Taxes on non-useful
exercise of police power is subject to 2 enterprises may be increased to restrain
test: 1. Lawful subject – refers to the the number of persons who might
interest of the General Public requiring otherwise engage in it (Ermita-Malate
the interference of the State and 2. Hotel and Motel Operatos Association,
Lawful means – refers to the reasonable Inc. vs. City Mayor of Manila, 20 SCRA
means employed necessary for the 849 [1967]). Taxes may be imposed for
accomplishment of its objective and not the attainment of the objective of police
duly oppressive upon individuals. power (Lutz vs. Araneta, 98 Phil. 148
[1955]).
Basis of the exercise of police power:
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communication. Since the exchange of Yes, the authorities are given the power
heated words was not private, its to stop marchers who do not possess a
videotape recording is not prohibited permit. However, mere exercise of the
(Navarro vs. Court of Appeals, 313 SCRA right to peaceably assemble is not
153 [1999]). considered as a danger to public safety.
They could have been asked to disperse
ALTERNATIVE ANSWER:
peacefully, but it should not altogether
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United States which could involve public scrutiny. The interest protected
engagement in joint military operations of being the national security and integrity
the two countries’ armed forces. A loose of the State on how can it be trusted in
organization of Filipinos, the Kabataan at terms of diplomatic secrets.
Matatandang Makabansa (KMM) wrote the
(b) Will your answer be the same if the
Department of Foreign Affairs (DFA) and the
information sought by KMM pertains to
Department of National Defense (DND)
contracts entered into by the Government
demanding disclosure of the details of the
in its proprietary or commercial capacity?
negotiations, as well as copies of the
Why or why not? (3%)
minutes of the meetings. The DFA and the
SUGGESTED ANSWER:
DND refused, contending that premature
disclosure of the offers and counter-offers KKM is entitled to have access to
between the parties could jeopardize on- information pertaining to government
going negotiations with another country. contracts entered into by the
KMM filed suit to compel disclosure of the Government in the exercise of its
negotiation details, and be granted access proprietary commercial capacity. The
to the records of the meetings, invoking the right to information under the
constitutional right of the people to Constitution does not exclude contracts
information on matters of public concern. of public interest and are not privileged
(Section 7, Article III of the
(a) Decide with reasons. (3%)
Constitution; Valmonte vs. Belmonte,
SUGGESTED ANSWER:
170 SCRA 256 [1989]).
The petition of KMM must be denied.
ALTERNATIVE ANSWER:
Diplomatic negotiations are privileged in
order to encourage a frank exchange of If what is sought is the final contract
exploratory ideas between the parties by itself then the information must be open
shielding the negotiations from public to the public for transparency and for
view (Akbayan Citizens Action Party vs. awareness and information. But if what
Aquino, 558 SCRA 468 [2008]). were sought were the negotiations or
communications in arriving at the final
ALTENATIVE ANSWER:
contract, the information sought
The information sought to be disclose by remains privileged. An interest need to
the parties is a diplomatic negotiation be protected.
between States and is considered
privileged. it cannot be subjected to
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Rights of the Accused; Right to Bail William was not denied with his Miranda
(2009) rights. True that he has the right to
counsel preferably of his choice. But if
No.XII. William, a private American Citizen,
he cannot afford the services of a
a university graduate and frequent visitor
counsel, he should be provided with one.
to the Philippines, was inside the US
embassy when he got into a heated Moreover, the Miranda rights are
argument with a private Filipino citizen. available only during custodial
Then, in front of many shocked witnesses, investigation that is, from the moment
he killed the person he was arguing with. the investigating officer begins to ask
The police came, and brought him to the questions for the purpose of eliciting
nearest police station. Upon reaching the admissions, confessions or any
station, the police investigator, in halting information from the accused. therefore,
English, informed William of his Miranda it is proper that he was only informed of
rights, and assigned him an independent his right at the police station.
local counsel. William refused the services
ALTENATIVE ANSWER:
of the lawyer, and insisted that he be
assisted by a Filipino lawyer currently The fact that the police officer gave him
based in the US. The request was denied, the Miranda warning in halting English
and the counsel assigned by the police does not detract from its validity. Under
stayed for the duration of the investigation. Section 2(b) of Republic Act No. 7438, it
is sufficient that the language used was
William protested his arrest.
known to and understood by him.
(b) He also claimed that his Miranda Rights William need not be given the Miranda
were violated because he was not given the warning before the investigation started.
lawyer of his choice; that being an William was not denied his Miranda
American, he should have been informed of rights. It is not practical to require the
his rights in proper English; and that he police officer to provide a lawyer of his
should have been informed of his rights as own choice from the United States
soon as he was taken into custody, not (Gamboa vs. Cruz, 162 SCAR 642,
when he was already at the police station. [1998]).
Was William denied his Miranda rights?
(c) If William applies for bail, claiming that
Why or why not?
he is entitled thereto under the
SUGGESTED ANSWER:
international standard of justice and that
he comes from a US State that has
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(a) Is JC entitled to bail? Why or why not? jeopardy was absent. Consequently, the
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first jeopardy when the accused has questions were to be asked from the
validly entered his plea before the vendors.
appropriate court having jurisdiction
over the subject matter and his person (a) Brown, afraid of a "set up" against him,
and that he has been convicted or demanded that he be allowed to secure his
acquitted or that the case against him lawyer and for him to be present during the
has been terminated without his express police line-up. Is Brown entitled to counsel?
SUGGESTED ANSWER
In the present case, JC validly entered
his plea of guilty but during the
Brown is not entitled to counsel during
presentation of evidence he submits
the police line-up. He was not yet being
evidence of self-defense. the
asked to answer for a criminal offense.
consequence thereof is for the court to
(Gamboa vs. Cruz, 162 SCRA 642.)
withdraw the plea of guilty and enter a
plea of not guilty. The validity of (b) Would the answer in (a.) be the same if
entering his plea is not affected. Brown was specifically invited by White
because an eyewitness to the crime
Therefore, his acquittal shall bar any identified him as the perpetrator? Explain.
similar indictment that may be filed (3%)
against him because of double jeopardy.
SUGGESTED ANSWER
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interrogated must be informed of the Arnold did not contest the guard's
following: statement; he steadfastly remained silent
and refused to give any written statement.
(a) He has the right to remain silent; Later in court, the guard testified and
narrated the statements he gave the police
(b) Anything said can be used as
over Arnold's counsel's objections. While
evidenced against him;
Arnold presented his own witnesses to
prove that his possession and apprehension
(c) He has the right to have counsel
had been set-up, he himself did not testify.
during the investigation; and
Silent (2013)
The court was wrong in relying on the
No.VII. As he was entering a bar, Arnold - silence of Arnold during the police
who was holding an unlit cigarette in his investigation and during the trial. Under
right hand -was handed a match box by Article III, Section 12 of the 1987
someone standing near the doorway. Arnold Constitution, he had the right to remain
unthinkingly opened the matchbox to light silent. His silence cannot be taken as a
his cigarette and as he did so, a sprinkle of tacit admission, otherwise, his right to
dried leaves fell out, which the guard remain silent would be rendered
noticed. The guard immediately frisked nugatory. Considering that his right
Arnold, grabbed the matchbox, and sniffed against self-incrimination protects his
its contents. After confirming that the right to remain silent, he cannot be
the police.
ALTERNATIVE ANSWER:
At the police station, the guard narrated to No, the court has erred in its ruling of
the police that he personally caught Arnold convicting Arnold relying solely on his
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admission of the charge by silence at the allegedly seen being held for three days and
police investigation and during trial. tortured before he finally disappeared. The
CHR lawyers requested one Lt. Valdez for a
The duty of the lawyer includes ensuring photocopy of the master plan of Camp
that the suspect under custodial Aquino and to confirm in writing that he
investigation is aware that the right of had custody of the master plan. Lt. Valdez
an accused to remain silent may be objected on the ground that it may violate
invoked at any time (People v. Sayaboc, his right against self-incrimination. Decide
G.R. No. 147201, January 15, 2004). with reasons. (4%).
The court correctly convicted Arnold. The objection of Lt. Valdez is not valid.
There is no showing that the evidence The right against self-incrimination
for the prosecution was insufficient. refers to testimonial evidence and does
When Arnold remained silent, he run the not apply to the production of a
risk of an inference of guilt from non- photocopy of the master plan of Camp
production of evidence in his behalf Aquino, because it is a public record. He
(People vs. Solis, 128 SCRA 217). cannot object to the request for him to
confirm his custody of the master plan,
because he is the public officer who had
Rights of the Accused; Self- custody of it. (Almonte vs. Vasquez, 244
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officer pounced on the accused, took him to action because the police had no
a hospital where at their direction, a doctor personal knowledge that any crime
forced an emetic solution though a tube was taking place.
into the accused’s stomach against his will. 2. Due to the invalid entry whatever
This process induced vomiting. In the evidence the police gathered would
vomited matter were found two capsules be inadmissible.
which proved to contain heroin. In the 3. The arrest of the accused was
criminal case, the chief evidence against the already invalid and causing him to
accused was the two capsules. vomit while under custody was an
unreasonable invasion of personal
(a) As counsel for the accused, what
privacy (U.S. vs. Montoya, 473 US
constitutional rights will you invoke in his
531 [1985])
defense? (4%)
SUGGESTED ANSWER:
Search and Seizure; Warrantless Search
As counsel for the accused I would
(2010)
invoke the constitutional right to be
secured against unreasonable searches No. XII. A witnessed two hooded men with
and seizures (Art. III, Sec. 2 of the baseball bats enter the house of their next
Constitution) which guarantees: (1) door neighbor B. after a few seconds, he
sanctity of the home, (2) inadmissibility heard B shouting, “Huwag Pilo babayaran
of the capsules seized, (3) and kita agad.” Then A saw the two hooded men
inviolability of the person. A mere tip hitting B until the latter fell lifeless. The
from a reliable source is not sufficient to assailants escaped using a yellow
justify warrantless arrest or search (Peo motorcycle with a fireball sticker on it
vs. Nuevas, G.R. No. 170233 Feb. toward the direction of an exclusive village
22,2007). nearby. A reported the incident to PO1
Nuval. The following day, PO1 Nuval saw
(b) How should the court decide the case? the motorcycle parked in the garage of a
(3%) house at Sta. Ines Street inside the
SUGGESTED ANSWER: exclusive village. He inquired with the
caretaker as to who owned the motorcycle.
The court should declare the search and
The caretaker named the brothers Pilo and
seizure illegal:
Ramon Maradona who were then outside
the country. PO1 Nuval insisted on getting
1. The entry into the accused’s home
inside the garage. Out of fear, the caretaker
was not a permissible warrantless
allowed him. PO1 Nuval took 2 ski masks
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and 2 bats beside the motorcycle. Was the No.XI.e. Dual citizenship is not the same as
search valid? What about the seizure? dual allegiance
Decide with reasons. (4%) SUGGESTED ANSWER:
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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
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).
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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
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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,
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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
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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:
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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
Assistance Act was passed to enhance the secure authority to screen beneficiaries
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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
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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
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third parties for partisan election Should the petition be granted? (5%)
purposes;
5. It violates or fails to comply with SUGGESTED ANSWER:
Department Appointments.
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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
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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.
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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
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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
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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
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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
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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?
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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
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No. XXV.
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).
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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
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(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:
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:
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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
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.
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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
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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
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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
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ALTERNATIVE ANSWER:
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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-
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
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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,
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universities, the present Charter gives official languages of the Philippines are
the guaranty to all other components of Filipino and, until otherwise provided by
the institution, including faculty and law, English.” Thus, while Filipino will
possibly students. always be an official language, Congress
may, by law, remove English as the other
ALTERNATIVE ANSWER:
official language. Hence, the statement
The statement is false. The scope of
is false as the continuation of English as
academic freedom remains the same.
an official language is subject to the
Article XIV, Section 5 (2) of the
control and discretion of Congress.
Constitution provides that academic
ALTERNATIVE ANSWER:
freedom shall be enjoyed in all
institutions of higher learning. As held The statement is true. To be more
in U.P. Board of Regents v. Court of precise, however, what is only to remain
Appeals, G.R. No. 134629, August 31, as official until otherwise provided by
1999, “This (provision) is nothing new. law is English. Filipino will always be an
The 1935 and the 1973 official language under the Charter.
Constitution likewise provided for
academic freedom or, more precisely, for
Education; Teaching of Religion (2010)
the institutional autonomy of
universities and institutions of higher No. XIX. To instill religious awareness in
learning.” the Students of Dona Trinidad High School,
a public school in Bulacan, the Parent-
Teacher’s Association of the school
contributed funds for the construction of a
Education: Communication and
grotto and a chapel where ecumenical
Instruction (2007)
religious services and seminars are being
No.I. (a) For purposes of communication held after school hours. The use of the
and instruction, the official languages of school grounds for these purposes was
the Philippines are English and Filipino, questioned by a parent who does not belong
until otherwise to any religious group. As his complaint
SUGGESTED ANSWER: was not addressed by the school officials,
he filed an administrative complaint against
The statement is false. Article XIV,
the principal before the DECS. Is the
Section 7 of the 1987 Constitution
principle liable?
provides that for “purposes of
communication and instruction, the SUGGESTED ANSWER:
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burden of providing for the welfare of the Education; Study of Religion (2008)
poor to the private sector. The objective
No.XV. The principal of Jaena High School,
may be laudable but the means would be
a public school, wrote a letter to the
arbitrary and unreasonable. (Quezon City
parents and guardians of all the school’s
v. Judge Ericta, G.R. No. 34195, June
pupils, informing them that the school was
24, 1983).
willing to provide religious instruction to its
Catholic students during class hours,
b. If instead the DepEd requires a full
through a Catholic priest. However,
tuition scholarship for the highest ranking
students who wished to avail of such
students in each grade, determined solely
religious instruction needed to secure the
on the basis of academic grades and rank,
consent of their parents and guardians in
will the DepEd requirement be valid?
writing.
SUGGESTED ANSWER:
No, would still constitute a deprivation (a) Does the offer violate the constitutional
of property without due process of law. prohibition against the establishment of
(Balacuit v. CFI, G.R. no. 38429, June religion?
30, 1988). SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
No. the offer is valid, under the
Yes. Here, the matter may be considered
constitution, at the option expressed in
as a reasonable regulation exacted from
those who seek some form of writing by the parents or guardians,
religion shall be allowed to be taught to
accommodation from the government.
their children or wards in public
(Telebap v. COMELEC, G.R. No. 132922,
elementary and high schools within the
April 21, 1998). In exchange for what
regular class hours by instructors
they get as a concession from the State,
designated or approved by the religious
these institutions may be required to
shoulder part of the cost of promoting authorities of the religion to which the
children or wards belong, without
quality education for deserving citizens.
additional cost to the Government (Sec.
ALTERNATIVE ANSWER:
3(3), Art. XIV).
The requirement will be void, because
under section 7 of Presidential Decree
No. 44, the grant of scholarships by the (b) The parents of evangelical Christian
students, upon learning of the offer,
private schools to the students with
demanded that they too be entitled to have
scholastic distinctions is left to the
their children instructed in their own
determination of the private schools.
religious faith during class hours. The
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principal, a devout Catholic, rejected the TRUE. Under the constitution, Congress
request. As counsel for the parents of the may, by law, adopt a NEW NAME FOR
evangelical students how would you argue THE COUNTRY, A NATIONAL ANTHEM,
in support of their position? (3%) OR A NATIONAL SEALS, which shall all
SUGGESTED ANSWER: be truly reflective and symbolic of the
ideals, history and traditions of the
The rejection made by the principal is in
people. Such law shall take effect only
violation equal protection of the laws.
upon its ratification by the people in a
The option given by the constitution to
NATIONAL REFERENDUM (Section 2,
teach religion in public schools is
Article XVI of the Constitution).
without distinction to what religion
should only be taught. It does not
discriminate neither should the
principal. ARTICLE XVII Amendments
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PUBLIC INTERNATIONAL
No.XVIII. What are the essential elements of Basic Principles; Reparation (2007)
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recognized that individuals may also be sovereign can ask his own government
subjects of international law apart from to espouse his cause through diplomatic
the state. Further, the San Francisco channels. The “comfort women” can
Peace Agreement could not be request the Philippine government,
interposed as a valid defense as this through the Department of Foreign
could not have been contemplated Affairs, to espouse its claims against the
therein. The use of “comfort women” Japanese government. (Holy See v.
was only confirmed long after that Rosario, G.R. No. 101949, December 1,
Agreement. Moreover, Article 17 (3) of 1994). The sovereign authority of a State
the New Civil Code provides that to settle the claims of its national
“prohibitive laws concerning persons, against foreign countries has repeatedly
their acts or property, and those which been recognized. This may be made
have for their object public order, policy without the consent of the nationals or
and good customs, shall not be rendered even without consultation without them.
ineffective by laws or judgments (Dames and Moore v. Regan, 433 U.S.
promulgated, or by determinations or 654, [1981])
conventions agreed upon in a foreign ALTERNATIVE ANSWER:
country. No. since the Philippines is a signatory
to that Agreement, courts may not
c. The surviving Filipina "comfort women" entertain a suit since that has been
sue the Japanese government for damages waived by the State. Moreover, it can be
before Philippine courts. Will that case argued that there was no state action
prosper? since the prostitution houses were being
SUGGESTED ANSWER: run by private operators, without the
The Filipina “comfort women” cannot control or supervision of the Japanese
sue Japan for damages, because a foreign government. (Southeast Case, United
State may not be sued before Philippine States v. Wilhelm List, Nuremberg Case
courts as a consequence of the principles No. 7, 1949)
of independence and equality of States
(Republic of Indonesia vs. Vinzon, 405
Concept of Association (2010)
SCRA 126 [2003]).
ALTERNATIVE ANSWER: No. XXVII What is the concept of
The case will not prosper in view of the association under international law?
doctrine of sovereign immunity from
Under international law, an association
suit. However, a person who feels
is formed when two states of unequal
aggrieved by the acts of a foreign
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power voluntarily establish durable links. counter to the national sovereignty and
In the basic model, one state, the territorial integrity of the Republic.
associate, delegates certain (Province of North Cotabato v. GRP
responsibilities to the other, the Peace Panel on Ancestral Domain, G.R.
principal, while maintaining its No. 183591, Oct. 14, 2008)
international status as a state. Free
associations represent a middle ground
Extradition: Double Criminality (2007)
between integration and independence.
No. III. Lawrence is a Filipino computer
Association under international Law, is a
expert based in Manila who invented a
formal arrangement between a non-self-
virus that destroys all the files stored in a
governing territory and independent
computer. Assume that in May 2005, this
State whereby such territory becomes an
virus spread all over the world and caused
associated State with internal self-
$50 million in damage to property in the
government, but the independent state
United States, and that in June 2005, he
is responsible for foreign relations and
was criminally charged before United States
defense.
courts under their anti-hacker law. Assume
For an association to be lawful, it must that in July 2005, the Philippines adopted
comply with the general conditions its own anti-hacker law, to strengthen
prescribed in the UN General Assembly existing sanctions already provided against
Resolution 1541 (XV) of 14 December damage to property. The United States has
160: (1) the population must consent to requested the Philippines to extradite him
the association; and (2) the association to US courts under the RP-US Extradition
must promote the development and well- Treaty.
being of the dependent state (the non-
self-governing territory). Association a. Is the Philippines under an obligation to
subject to UN approval. extradite Lawrence? State the applicable
rule and its rationale.
In deciding the constitutionality of the
SUGGESTED ANSWER:
Memorandum of Agreement on the
The Philippine is under no obligation to
Ancestral Domain (MOA-AD) Aspect of
extradite Lawrence. Under the principle
the GRP-MILF Tripoli Agreement on
of dual or double criminality, the crime
Peace of 2001, the Supreme Court had
must be punishable in both the
ruled that the concept of association
requesting and requested states to make
under international law is not recognized
it extraditable. In this case, only the
under the 1987 Constitution as it runs
United States had anti-hacker law at the
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Vienna Convention. They are sometimes Philippine law shall prohibit any
referred to as “non-treaty agreements” discrimination and shall guarantee to all
or emerging law. In addition “Soft Law” persons equal and effective protection
also refers to administrative rules which against discrimination on any ground
guide the practice of states in relation to such as social origin, birth or other
Human Rights; Civil and Political Rights obligations under the Convention on the
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customary rules not endowed with the On the other hand, the jurisdiction of
same normative force. (Prosecutor v. the ICJ covers legal disputes which the
Furundzija, ICTY, December 10, 1998). States refer to it. This includes disputes
concerning:
(a) the interpretation of a treaty;
Int’l Court of Justice vs. Int’l Criminal (b) any question of international law;
Court (2010) (c) the existence of any fact which, if
established, would constitute a
No. II. Compare and contrast the breach of an international
jurisdiction of the International obligation; and
Criminal Court (ICC) and International (d) the nature or extent of the
Court of Justice (ICJ). (3%) reparation to be made for the breach
of an international obligation.
SUGGESTED ANSWER: (Article 36, ICJ Statute)
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to acquire jurisdiction. (R. Sarmiento, slave trade are regarded as jus cogens.
Public International Law Bar Reviewer, When a treaty is in conflict with a jus
2009 Revised Edition, p. 185) cogens rule, the treaty is deemed void.
When a treaty is in conflict with the
other rules of international law, the
International Law Violation; Treaty
treaty amounts to a waiver of rights that
(2008)
prevents the parties from raising legal
No.II. May a treaty violate international claims against other over these rules.
law? if your answer is in the affirmative,
explain when such may happen. If you
answer is in the negative, explain why? (5%) Opinio Juris (2012)
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necessitatis. State practice refers to the warnings given by the Thai Prime Minister
continuous repetition of the same or to foreigners, specially journalists, A moved
similar kind of acts or norms bystates. around the Thai capital. In the course of his
Opinio juris requires that the state coverage, he was killed with a stray bullet
practice or norm be carried out in such a which was later identified as having come
way as to be evidence of the belief that it from the ranks of the Red-Shirts. The wife
is obligatory by the existence of a rule of of A sought relief from Thai authorities but
law requiring it. (Bayan Muna vs. was refused assistance.
Romulo, 641 SCRA 244.)
(A) Is there state responsibility on the part
of Thailand?
SUGGESTED ANSWER:
Opinio Juris (2008)
No, there is no state responsibility on
No. I a. The legal yardstick in determining
the part of Thailand because the acts of
whether usage has become customary
the Thai Red-Shirts were not the acts of
international law is expressed in the maxim
Thailand. Under the Principle of
opinion juris sive necessitates or opinion
Attribution or Imputation, a State only
juris for short. What does the maxim mean?
incurs liability for individual acts or
(3%)
omission which can be attributed to it.
SUGGESTED ANSWER: The Thai Red-Shirts are not its officials,
agents, or representatives and they were
Opinio juris sive necessitates means the
not acting on the instructions of, or
common belief among states and actors
under the direction or control of, the
that a certain practice is obligatory. This
Thai Government. (R. Sarmiento, Public
is the subjective or psychological
International Law Bar Reviewer, 2009
requirement of customary law that
Revised Edition, pp. 65-66)
makes state practice a binding rule of
customary international law. (b) What is the appropriate remedy
available to the victim’s family under
international law?
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international law. Their remedy, if any, crime under the Philippine law was
is only available under the domestic laws committed. Is William correct? Explain your
of Thailand by the institution of the answer? (3%)
appropriate criminal cases against the SUGGESTED ANSWER:
persons responsible for A’s killing and
No, William is not correct. While Article
the filing of an action to recover
22 of the Vienna Convention on
damages arising from A’s death.
Diplomatic Relations provides that the
premises of a diplomatic mission shall be
inviolable, and may not be entered by
Principle of Auto-Limitation (2009)
the police or by any other agent of the
No.XII. William, a private American Citizen, receiving State, except with the consent
a university graduate and frequent visitor of the Ambassador or the head of the
to the Philippines, was inside the US mission, it does not alter the fact,
embassy when he got into a heated however, that such premises are still
argument with a private Filipino citizen. part of Philippine territory. The concept
Then, in front of many shocked witnesses, of “exterritoriality,” under which
he killed the person he was arguing with. diplomatic premises are deemed to be
The police came, and brought him to the part of the sovereign territory of the
nearest police station. Upon reaching the sending State, has not been adopted in
station, the police investigator, in halting the Vienna Convention. Hence, a crime
English, informed William of his Miranda committed on or within such premises
rights, and assigned him an independent by a private person like Williams who
local counsel. William refused the services enjoys no diplomatic immunity falls
of the lawyer, and insisted that he be within the jurisdiction of Philippine
assisted by a Filipino lawyer currently courts.
based in the US. The request was denied,
ALTERNATIVE ANSWER:
and the counsel assigned by the police
stayed for the duration of the investigation. William is not correct. The premises
occupied by the United States Embassy
William protested his arrest.
do not constitute territory of the United
(a) He argued that since the incident took States but of the Philippines. Crimes
place inside the US embassy, Philippine committed within them are subject to
courts have no jurisdiction because the US the territorial jurisdiction of the
embassy grounds are not part of the Philippines. Since William has no
Philippine Territory; thus, technically, no diplomatic immunity, the Philippines
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a. Must ensure that all states consent international peace and security and
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Yes, the Philippine action was justified. the Charter of the United Nations, which
Article 51 of the U.N. Charter affirms the prohibits States from the threat or use of
inherent right of States to individual or force against territorial integrity of any
collective self-defense. The terrorist State.
group Emerald Brigade had already
ALTERNATIVE ANSWER:
launched actual armed attacks on the
Philippines which killed thousands of The contention of the Philippines is the
Filipinos with a warning that more correct one. State practice and the U.N.
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Security Council's actions after 9/11 citizens where their citizenship was a
indicate a trend towards recognizing factor in the commission of the crime.
that a State that suffers large-scale
violence perpetrated by non-State actors
located in another State has a right to Verbal Agreement; Source of Int’l Law
use force when (1) that other State (2012)
proves unwilling or unable to reduce or
eliminate the source of the violence, (2) No. VI. President Black of the Republic of
the use of force is proportional to the Pasensya (RP) had a telephone conversation
threat posed by the non-State actor, and with President Blue of the People’s Republic
(3) the use of force is temporary and of Conquerors (PRC). In that conversation,
does not result in non-consensual both leaders agreed that they will both pull-
occupation or annexation of territory. out all their vessels, civilian or otherwise,
sea crafts and other ships from the hotly
(c) Assume that the commando team
disputed Kalmado Shoal area within eight
captured a member of the Emerald Brigade
(8) days in order to de-escalate the
and brought him back to th Philippines.
situation. After eight days, all RP ships and
The Philippine Government insists that a
vessels have left the area. However, several
special international tribunal should try the
military and civilian ships carrying the PRC
terrorist. On the other hand, the terrorist
flag remained in the area and began
argues that terrorism is not an
construction of a dock that could provide
international crime and, therefore, the
fuel and other supplies to vessels passing
municipal laws of the Philippines, which
by.
recognize access of the accused to
constitutional rights, should apply. Decide (a) Assuming that President Black and
with reasons. (3%) President Blue both had full capacity to
SUGGESTED ANSWER: represent their states and negotiate with
each other under their respective systems
The terrorist should be tried in the
of government, and further assuming that
Philippines. Section 58 of Republic Act
both leaders acknowledge the existence of
No. 9372, thr Human Security Act
the conversation, is the verbal agreement
provides for its extraterritorial
via telephone binding under international
application to individual persons who,
law? Explain. (5%)
although outside the territorial limits of
the Philippines, commit an act of
SUGGESTED ANSWER
terrorism directly against Filipino
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SUGGESTED ANSWER
SUGGESTED ANSWER
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__________. (1%)
(A) employees can go on mass leave of
(C) a law providing that a policeman call for the resignation of the incumbent
SUGGESTED ANSWER:
III. Congress enacted Republic Act No. 1234
requiring all candidates for public offices to
(D), International School Alliance of
post an election bond equivalent to the one
Educators vs. Quisumbing 333 SCRA 13
(1) year salary for the position for which
II. Offended by the President's remarks that they are candidates. The bond shall be
the Bureau of Customs is a pit of misfits forfeited if the candidates fail to obtain at
least 10% of the votes cast.
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Is Republic Act No. 1234 valid? (1%) (C) The decision is binding only on
the parties but only with respect to
(A) It is valid as the bond is a means of that particular case.
ensuring fair, honest, peaceful and
orderly elections. (D) The decision is not binding on the
parties and is only advisory.
(B) It is valid as the bond requirement
ensures that only candidates with (E) The binding effect on the parties
sufficient means and who cannot be depends on their submission
corrupted, can runfor public office. agreement.
(D) It is invalid as the amount of the V. Under the UN Convention on the Law of
surety bond is excessive and the Sea, the exclusive economic zone refers
(E) It is valid because it is a reasonable (A) that is at least 100 miles from the
requirement; the Constitution itself baselines from which the outer limit of
public officers.
(B) that is at least 200 miles but not to
IV. What is the legal effect of decisions of (C) beyond and adjacent to a country's
the International Court of Justice in cases territorial sea which cannot go beyond
submitted to it for resolution? (1%) 200 nautical miles from the baselines
from which the outer limit of the
(A) The decision is binding on other territorial sea is measured
countries in similar situations.
(D) that can go beyond 3 nautical miles
(B) The decision is not binding on any but cannot extend 300 nautical miles
country, even the countries that are from the baselines from which the
parties to the case.
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outer limit of the territorial sea is (B) not a Filipino citizen if his mother
measured is a Filipino citizen but his father is
not, at the time of his birth
(E) None of the above.
(C) a Filipino citizen no matter
SUGGESTED ANSWER: where he or she may be born
(E), Note: the nearest to the accurate (D) a Filipino citizen provided the child
answer may be (C) but it proposes that is born in the Philippines
EEZ cannot go beyond 200 nautical
miles “from the baseline from which the (E) a Filipino citizen if he or she so
outer limit of the territorial sea is elects upon reaching the age of 21
measured.”
SUGGESTED ANSWER:
This is not correct because the baseline
is the point from which the entire (C), Sec. 1(2) of Article III of the 1973
breadth of the territorial sea is measured Constitution and Sec. 1(2) of Article IV
(A) not a Filipino citizen as his father (E) Both the members of Congress and
and mother must both be Filipino the President acting jointly, if so
citizens at the time of his birth
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(C) No, because only limitations (E) to all collegial judicial and quasi-
established by Congress can define judicial adjudicatory bodies
and limit the powers of local
governments. SUGGESTED ANSWER:
(D) Yes, because the President has the (D), Sec. 13, Article VIII of the 1987
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(B) All bodies labeled as "independent" (B) may grant the request as the
by the Constitution enjoyfiscal records of the Filipinas Air case are
autonomy as an attribute of their public records
independence.
(C) should deny the request since
(C) Not all bodies labeled as records of cases that are pending
"independent" by the Constitution for decision are privileged except
were intended to be independent from only for pleadings, orders and
the Executive branch of government. resolutions that are available to the
public
(D) The Constitution guarantees
various degrees of independence from (D) should deny the request because it
the other branches of government violates the Court's independence and
when it labels bodies as the doctrine of separation of powers
"independent".
(E) should grant the request because
(E) The COMELEC, the COA, and the of the sui generis nature of the power
CSC enjoy the same degree of of impeachment, provided that the Bill
independence. of Rights is not violated
(A), Article IX-A of the 1987 Constitution (C), In re: Letters of Atty. Estelito
Mendoza, 668 SCRA 11
XI. At the Senate impeachment trial of
Justice Pablo P. San Quintin, Hon. Emilio XII. Mr. Sinco sued the government for
A. Tan, Congressman and Impeachment damages. After trial, the court ruled in his
Panel Manager, wrote the Supreme Court favor and awarded damages amounting to
requesting that the prosecutors be allowed P50 million against the government. To
to examine the court records of Stewards satisfy the judgment against the
Association of the Philippines, Inc. (SAP!) v. government, which valid option is available
Filipinas Air, et al., G.R. No. 987654, a case to Mr. Sinco? ( 1%)
that is still pending. The High Court
__________. (1%)
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(A) Garnish the government funds enjoyment by all the people of the
deposited at the Land Bank. blessings of democracy.
(B) File a claim with the (B) The State shall give priority to
Commission on Audit (COA) education, science and technology,
pursuant to Commonwealth Act arts, culture, and sports to foster
327, as amended by Presidential patriotism and nationalism,
Decree1445. accelerate social progress, and
promote total human liberation and
(C) Make representations with the development.
Congress to appropriate the amount
to satisfy the judgment. (C) The natural and primary right
and duty of parents in the rearing
(D) File a petition for mandamus in of the youth for civic efficiency and
court to compel Congress to the development of moral character
appropriate P50 million to satisfy the shall receive the support of the
judgment. Government.
(E) Proceed to execute the judgment (D) The right of the people to
as provided by the Rules of Court information on matters. of public
because the State allowed itself to be concern shall be recognized. Access to
sued. official records, and to documents and
papers pertaining to official acts,
SUGGESTED ANSWERS:
transactions, or decisions, as well as
to government research data used as
(B) and (C), U.P. vs. Dizon, 679 SCRA 54
basis for policy development, shall be
XIII. Which of the following provisions of the afforded the citizen, subject to such
Constitution does not confer rights that can limitations as may be provided by law.
SUGGESTED ANSWERS:
(A) The maintenance of peace and
order, the protection of life, liberty,
(A), (B), and (C) are all found in Article II
and property, and promotion of the
of the 1987 Constitution. They are not
general welfare are essential for the
self-executing. D is a right found in the
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Bill of Rights (Section 7, Article III of the (C) No, international agreements are
1987 Constitution). It is self-executing sui generis and stand independently
and does not require legislation. of our domestic laws.
(D), The right to information is found in (D) Yes, the executive agreement is
Article III, Section 7 of the 1987 actually a treaty which does not take
Constitution. It is self-executory and is effect without ratification by the
not a mere guideline for legislation Senate.
(Legaspi vs. Civil Service Commission,
150 SCRA 530). (E) Yes, the challenge is correct
because there is no law empowering
ALTERNATIVE ANSWER: the President to undertake the
importation.
(E), Kilosbayan, Inc. vs. Morato, 246
SCRA 540; Article III, Section 8 includes SUGGESTED ANSWER:
the phrase “subject to such limitations
as may be provided by law.” (A), Gonzales vs. Hechanova, 9 SCRA 230
XIV. The President entered into an XV. The separation of Church and State is
executive agreement with Vietnam for the most clearly violated when __________. (1%)
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parents
XVII. Senator GSC proposed a bill
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complied with the required (E) All the above choices are defective
lawmaking procedures. in some respects.
(B) Congress may, by law, provide (A) Clear and Present Danger Test
limitations on the President's
power to contract or guarantee (B) Compelling State Interest Test
foreign loans on behalf of the
Republic of the Philippines. (C) Balancing of interests Test
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came only in March 2010, i.e., after the 2012 Political Law Exam
adjournment of the session of Congress on
the third year of the position's three-year
MCQ (October 7, 2012)
term.
1. Constitution is defined by Cooley as:
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a. the form of government must (b) Free Telephone Workers Union vs.
be presidential; Minister of Labor and Employment, 108
b. the representatives of the SCRA 757; and (c) Section 4, Article VII
government are elected by of Constitution. It is suggested that
the people; either (b) or (c) may be accepted as a
c. sovereignty resides in the correct answer.
elected representatives of the
government; 7. Which of the following best
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9. The Constitution provides that the (d) Section 15, Article XIV of
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15. Which one of the following theories (c) Navarro vs. Ermita, 612 SCRA 131
does not support the valid
delegation of authority by the 17. Article V1, Section 5(3) of the
statute; a. 250,000;
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SUGGESTED ANSWER:
SUGGESTED ANSWER:
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(b) Garcia vs. Mata, 65 SCRA 517 d. the rate decreases as the tax
base increases.
24. The requirement that "Every bill
shall embrace only one subject SUGGESTED ANSWER:
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deliberations.
30. Congressman Sugar Oll authored a
29. A person who has a personal and a. No, because Fr. Gal has no
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31. Where there is "the impossibility of a 33. The totality of governmental power
b. prudential kind;
SUGGESTED ANSWER:
c. respectful kind;
d. deference kind.
(c) and (d). It is suggested either (c) or (d)
may be accepted as a correct answer.
SUGGESTED ANSWER:
b. factual;
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42. Which one of the following (c) City of Manila vs. Estrada, 25 Phil.
circumstances is NOT an element of 208
taking under eminent domain:
a. entering upon public 44. Under Article III, Section 12 of the
property for a momentary Constitution, any person under
period; investigation for the commission of
b. under color of legal an offense shall have the right to be
authority; informed of his right to remain
c. devoting it to public use; silent, etc. The investigation referred
d. as substantially to cust the to is called:
owner of all beneficial a. preliminary investigation;
ownership. b. summary investigation;
c. criminal investigation;
SUGGESTED ANSWER: d. custodial investigation.
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(a) People vs. Sunga, 339 SCRA 624; (c) (b) Section 19, Article III of Constitution
Galman vs. Pamaran, 138 SCRA 294; (d)
Section 12, Article III of Constitution. 47. The requisites of a valid trial in
absentia exclude:
45. All persons charged shall, before a. Wherein his/her failure to
conviction, be bailable by sufficient appear is unjustifiable;
sureties, except those charged with: b. Wherein he/she allows
a. offenses punishable by death himself/herself to be
when evidence of guilt is identified by the witness in
strong; his/her absence, without
b. offenses punishable by life further unqualified
imprisonment when evidence admitting that every time
of guilt is strong; a witness mentions a name
c. offenses punishable by death by which he/she is known,
when evidence of guilt is it shall be understood to
weak; refer to him/her;
d. offenses punishable by c. Wherein he/she has been
reclusion perpetua when duly notified of the trial;
evidence of guilt is strong. d. Wherein the accused has
already been arraigned.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(d) Section 13, Article III of Constitution
(b) Carredo vs. People, 183 SCRA 373
46. Criminal trial may proceed,
notwithstanding the absence of the 48. The privilege of the writ of habeas
accused provided that he has been corpus shall not be suspended
duly notified, and his failure to except in cases of:
appear is unjustifiable, after: a. imminent danger of invasion
a. preliminary investigation; or rebellion when the public
b. arraignment; safety requires it;
c. sentencing; b. grave danger of invasion or
d. prosecution has rested its rebellion when the public
case. safety requires it;
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tender. Commissioners;
c. Chairman and three (3)
SUGGESTED ANSWER: Commissioners;
d. Chairman and four (4)
(c) People vs. Ferrer, 48 SCRA 382 Commissioners.
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responsibility.
(d) Section 2, Article XI of Constitution
SUGGESTED ANSWER:
59. Which is NOT an impeachable
d. a sovereign entity.
(c) Section 2, Article XI of Constitution
SUGGESTED ANSWER:
60. Which has the exclusive power to
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61. At least one-third of all the members 63. A public officer impeached and
of the House of Representatives may removed from office shall:
file articles of impeachment by: a. nevertheless be immune
a. verified bill and resolution; from prosecution, trial and
b. verified complaint and punishment according to
resolution; law;
c. verified notice and b. nevertheless be liable and
resolution; subject to prosecution, trial
d. verified complaint and and punishment under the
notice. Anti-Graft and Corrupt
Practices Act;
SUGGESTED ANSWER: c. nevertheless be liable and
subject to prosecution,
(b) Section 3(1), Article XI of
trial and punishment
Constitution
according to law;
d. nevertheless be liable and
62. The President cannot grant pardon
subject to prosecution, trial
in cases of impeachment. He may
and punishment only for
however exercise such power when:
criminal acts under the law.
a. A person convicted in an
impeachment proceeding
SUGGESTED ANSWER:
is subject to prosecution,
trial and punishment in an (c) Section 3(7), Article XI of
ordinary criminal action; Constitution
b. A person convicted in an
impeachment proceeding is 64. The Ombudsman and his deputies
granted an absolute pardon; are appointed by the President from
c. A person convicted in an a list prepared by:
impeachment proceeding a. the Integrated Bar of the
files his appeal before the Philippines;
Supreme Court; b. the Commission on
d. None of the above. Appointments;
c. the Judicial and Bar
SUGGESTED ANSWER: Council;
d. the Supreme Court.
(a) Section 19, Article VII of Constitution
SUGGESTED ANSWER:
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Commission;
69. Bona fide associations of citizens
c. National Economic
which demonstrate capacity of
Development Authority;
promote the public interest and with
d. National Economic Council.
identifiable leadership, membership,
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because it does not indicate the ground that the jumper cable was
limit, such as the “outer limt of the Mandaluyong and not Makati. The
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82. One of the cardinal primary due 84. Which one of the enumeration below
process rights in administrative does not come under the
proceedings is that evidence must Administrative Code definition of a
be "substantial." "Substantial "rule":
evidence" is: a. agency statement of general
a. less than a mere scintilla; applicability that implements
b. less than preponderant or interprets a law;
scintilla; b. fixes and describes the
c. more than a glint of scintilla; procedures in or practice
d. more than a mere scintilla. requirements of, an agency;
c. includes memoranda and
SUGGESTED ANSWER: statements concerning
internal administration;
(d) Ang Tibay vs. CIR, 69 Phil. 636
d. an agency process for the
formulation of a final
83. A statutory provision requiring the
order.
President or an administrative
agency to present the proposed
SUGGESTED ANSWER:
implementing rules and regulations
of a law to Congress which by itself (d) Section 2(2), Chapter 1, Book VII of
or through a committee formed by Administrative Code
it, retains a "right" or "power" to
approve or disapprove such 85. Under the Administrative Code,
regulations before they may take "adjudication" means:
effect, is a: a. whole or any part of any
a. legislative encroachment; agency permit, certificate, or
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86. The requirement of the (d) Section 9(1), Chapter 2, Book VII of
Administrative Code on "public Administrative Code
participation" is that, if not
otherwise required by law, an 87. Under the Administrative Code, in
agency shall: the fixing of rates, no rules or final
a. in all cases, publish or order shall be valid unless:
circulate notices of proposed a. the proposed rates shall have
rules and afford interested been submitted to the U.P.
parties the opportunity to Law Center for publication at
submit their views prior to least two weeks before the
the adoption of any rule; first hearing thereon;
b. in all clear and proper cases, b. the proposed rates shall have
publish or circulate notices been published in the Official
of proposed rules and afford Gazette at least two weeks
interested parties the before the final hearing
opportunity to submit their thereon;
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-0-0-0-
Accused was then arraigned,
pleaded guilty, was found guilty and
sentenced. On appeal, the Supreme
Court reversed. The accused was
deprived of his:
a. right to cross-examination;
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(A) submit to the CSC the two Commission (CSC) subsequently found him
promotional appointments guilty and after considering a number of
together for approval. mitigating circumstances, reduced his
penalty to only one month suspension. Is
(B) not appoint B until the CSC has Mario entitled to back salaries?
approved A’s appointment.
(A) Yes, the reduction of the penalty
(C) submit to the Civil Service means restoration of his right to
Commission (CSC) the second back salaries.
appointment after its approval of the
first. (B) No, the penalty of one month
suspension carries with it the
(D) simultaneously issue the forfeiture of back salaries.
appointments of A and B.
(C) No, he is still guilty of grave
(4) When a witness is granted transactional misconduct, only the penalty was
immunity in exchange for his testimony on reduced.
how his immediate superior induced him to
destroy public records to cover up the (D) Yes, corresponding to the period
latter's act of malversation of public funds, of his suspension pending appeal
the witness may NOT be prosecuted for less one month.
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(B) dictated by the need to maintain recreational complex for the members of the
(C) flexibility.
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(D) Yes, it serves the well-being of (C) No, international agreements are
the local residents. sui generis which must stand
independently of our domestic laws.
(11) An example of a content based
restraint on free speech is a regulation (D) Yes, the executive agreement is
prescribing actually a treaty which does not
take effect without ratification by
(A) maximum tolerance of pro- the Senate.
government demonstrations.
(13) Jose Cruz and 20 others filed a petition
(B) a no rally-no permit policy. with the COMELEC to hold a plebiscite on
their petition for initiative to amend the
(C) when, where, and how lawful
Constitution by shifting to a unicameral
assemblies are to be conducted.
parliamentary form of government.
Assuming that the petition has been signed
(D) calibrated response to rallies
by the required number of registered voters,
that have become violent.
will it prosper?
(B) No, the President is the sole (14) The Comelec en banc cannot hear and
organ of the government in external decide a case at first instance EXCEPT
relations and all his actions as such when
form part of the law of the land.
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(A) a Division refers the case to it for (D) based on the objection of the
direct action. accused to the prosecution's
motion to postpone trial.
(B) the case involves a purely
administrative matter. (17) The new Commissioner of Immigration,
Mr. Suarez, issued an Office Order directing
(C) the inhibition of all the members the top immigration officials to tender
of a Division is sought. courtesy resignation to give him a free hand
in reorganizing the agency. In compliance,
(D) a related case is pending before
Director Sison of the Administrative
the Supreme Court en banc.
Department tendered his resignation in
writing which Mr. Suarez immediately
(15) Each of the Constitutional
accepted. Director Sison went to court,
Commissions is expressly described as
assailing the validity of his courtesy
"independent," exemplified by its
resignation and Mr. Suarez’s acceptance of
(A) immunity from suit. the same. Will the action prosper?
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(A) published and filed with the UP (D) The rules of court should prevail
Law Center. since just compensation is a
procedural matter subject to the
(B) published and hearings are rule making power of the Supreme
conducted. Court.
(C) published and posted in three (20) After X, a rape suspect, was apprised of
public places. his right to silence and to counsel, he told
the investigators that he was waiving his
(D) published and all stakeholders
right to have his own counsel or to be
are personally notified.
provided one. He made his waiver in the
presence of a retired Judge who was
(19) The government sought to expropriate
assigned to assist and explain to him the
a parcel of land belonging to Y. The law
consequences of such waiver. Is the waiver
provides that, to get immediate possession
valid?
of the land, the government must deposit
the equivalent of the land's zonal value. The
(A) No, the waiver was not reduced
government insisted, however, that what
in writing.
apply are the rules of court which require
an initial deposit only of the assessed value (B) Yes, the mere fact that the
of the property. Which should prevail on lawyer was a retired judge does not
this matter, the law or the rules of court? cast doubt on his competence and
independence.
(A) Both law and rules apply
because just compensation should (C) Yes, the waiver was made
be fixed based on its zonal or voluntarily, expressly, and with
assessed value, whichever is higher. assistance of counsel.
(B) Both law and rules apply (D) No, a retired Judge is not a
because just compensation should competent and independent
be fixed based on its zonal or counsel.
assessed value, whichever is lower.
(21) Governor Paloma was administratively
(C) The law should prevail since charged with abuse of authority before the
the right to just compensation is Office of the President. Pending hearing, he
a substantive right that Congress ran for reelection and won a second term.
has the power to define. He then moved to dismiss the charge
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(B) No, Governor Paloma's reelection (D) for as long as the problem to
malfeasance in office.
(24) The President wants to appoint A to the
(C) No, Governor Paloma's reelection vacant post of Associate Justice of the
when he filed his certificate of efficiency. But A’s name is not on the list of
candidacy for his reelection bid. nominees that the Judicial and Bar Council
(JBC) submitted to the President. What
(D) Yes, Governor Paloma's should the President do?
reelection is an expression of the
electorate's restored trust. (A) Request the JBC to consider
adding A to the list.
(22) The decision of the Regional Trial Court
on appeals pertaining to inclusions or (B) Decline to appoint from the list.
(A) is inappealable.
(D) Return the list to JBC.
Supreme Court.
(A) the basic interest of people.
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appointment as permanent.
(D) Yes, no impeachment
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(A) Yes, when he deems he cannot (31) The Metro Manila Development
harmoniously and effectively work Authority (MMDA) passed a rule
with the requesting agency. authorizing traffic enforcers to impound
illegally parked vehicles, for the first
(B) No, he must, in choosing offense, and confiscate their registration
whether to prosecute an action, plates for the second. The MMDA issued
exercise his discretion according this rule to implement a law that
to law and the best interest of the authorized it to suspend the licenses of
State. drivers who violate traffic rules. Is the
MMDA rule valid?
(C) Yes, as in any lawyer-client
relationship, he has the right to (A) No, since the MMDA does not
choose whom to serve and have rule-making power.
represent.
(B) Yes, it is a valid exercise of the
(D) No, the Solicitor General's duty power of subordinate legislation.
to represent the government, its
offices and officers is mandatory and (C) Yes, it is an implicit consequence
absolute. of the law upon which it acted.
(30) A department secretary may, with the (D) No, the rule goes beyond the
President's consent, initiate his appearance sphere of the law.
before the Senate or the House of
Representatives which (32) Senator Bondoc was charged with
murder and detained at the Quezon City
(A) must seek the concurrence of the Jail. He invoked, in seeking leave from the
other House before acting. court to attend the session of the Senate,
his immunity from arrest as a Senator. How
(B) must hold an executive session should the court rule on his motion?
to hear the department secretary.
(A) Deny the motion unless the
(C) may altogether reject the Senate issues a resolution certifying
initiative. to the urgency of his attendance at
its sessions.
(D) must accept such initiated
appearance.
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municipality.
(38) When the President orders the Chief of
(D) No, the 3 term limit should not the Philippine National Police to suspend
(D) The driver sped away in his by his government. State X, as signatory to
car when the police flagged him the Vienna Convention, agreed to ICJ's
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that it was withdrawing from the Optional (C) Yes, the police acted based on
Protocol on Vienna Convention and was not reliable information and the fact
bound by the ICJ decision. What principle that an officer saw the driver
of international law did State X violate? carrying a gun.
(A) Pacta Sunt Servanda (D) No, police officers do not have
unbridled discretion to conduct a
(B) Act of State Doctrine warrantless search of moving
vehicles.
(C) Protective Principle
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(B) by the Supreme Court. (A) No, because the law prohibits
relatives from working within the
(C) by Congress alone same government unit.
(43) During his incumbency, President (C) No, because her mother is not
Carlos shot to death one of his advisers the designating authority.
during a heated argument over a game of
golf that they were playing. The deceased (D) No, because Maria is related to
adviser’s family filed a case of homicide the supervising authority within the
against President Carlos before the city prohibited degree of consanguinity.
prosecutor’s office. He moved to dismiss the
case, invoking presidential immunity from (45) The President's appointment of an
(D) unenforceable.
(C) Yes, his immunity holds for
the whole duration of his tenure.
(46) Congress passed a bill appropriating
P50 million in assistance to locally based
(D) No, his immunity does not cover
television stations subject to the condition
crimes involving moral turpitude.
that the amount would be available only in
(44) The School Principal of Ramon places where commercial national television
Magsaysay High School designated Maria, stations do not operate. The President
her daughter, as public school teacher in approved the appropriation but vetoed the
her school. The designation was assailed on condition. Was the veto valid?
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(B) Yes, the President's veto power is "notorious street gang members." Is the
absolute. ordinance valid?
(C) No, since the veto amounted to a (A) No, it leaves the public
suppression of the freedom to uncertain as to what conduct it
communicate through television. prohibits.
(D) No, since the approval of the (B) No, since it discriminates
item carried with it the approval between loitering in public places
of the condition attached to it. and loitering in private places.
(47) In the exercise of its power of legislative (C) Yes, it provides fair warning to
inquiries and oversight functions, the gang members prior to arrest
House of Representatives or the Senate may regarding their unlawful conduct.
only ask questions
(D) Yes, it is sufficiently clear for the
(A) that the official called is willing public to know what acts it
to answer. prohibits.
(B) that are relevant to the proposed (49) The people may approve or reject a
legislation. proposal to allow foreign investors to own
lands in the Philippines through an
(C) to which the witness gave his electoral process called
prior consent.
(A) referendum.
(D) material to the subject of
inquiry. (B) plebiscite.
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(B) will subject him to a quo (D) invalid for being discriminatory.
warranto action.
(53) Small-scale utilization of natural
(C) remains valid. resources by Filipino citizens may be
allowed by
(D) may be denied due course.
(A) Congress.
(51) A candidate who commits vote buying
on Election Day itself shall be prosecuted (B) either the Senate or the House of
by the Representatives.
(B) invalid for being ultra vires. Yani objected to several returns which he
said were tampered with. The board of
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canvassers did not entertain Yani's (A) the operative fact doctrine.
objections for lack of authority to do so.
Yani questions the law prohibiting the filing (B) the rule against double jeopardy.
(56) When the Supreme Court nullified the been arraigned and had notice and
decisions of the military tribunal for lack of did not justify his absence.
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(A) No, she won the regular (C) punishment for a crime where
mayoralty election for two one has been duly convicted.
consecutive terms and the recall
election constitutes her third term. (D) condition precedent to one's
valid arraignment.
(B) A. No, she already won the
mayoralty election for 3 consecutive (64) Van sought to disqualify Manresa as
(62) A child born in the United States to a (B) She was not a public officer
Filipino mother and an American father is because she had no valid existing
public office.
(A) a Filipino citizen by election.
(C) She was a de jure officer since
(B) a repatriated Filipino citizen. she completed her term before she
was disqualified.
(C) a dual citizen.
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(B) Chief Justice of the Supreme (68) Associate Justice A retires from the
Court Supreme Court 90 days before the
forthcoming Presidential election. May the
(C) Chief of Staff of the Armed incumbent President still appoint Justice
Forces of the Philippines A's successor?
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Certification from Atty. Crispin, the Clerk of HLURB judgment. Atlantic challenges the
Court, that Lot 1 was not involved in any validity of the decision of the Office of the
pending case before the court. Acting on the President for not stating the facts and the
certification, the Register of Deeds canceled law on which it is based. Is the challenge
the notice of lis pendens annotated on Lot correct?
1’s title. Amor filed a damage suit against
Atty. Crispin but the latter invoked good (A) No, the Office of the President is
faith and immunity from suit for acts governed by its own rules respecting
relating to his official duty, claiming he was review of cases appealed to it.
(A) Atty. Crispin is immune from crafted factual findings and legal
presumption of regularity of
(C) Yes, administrative due process
performance of public duty.
demands that the Office of the
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party complaint against the City of Cebu (74) An information for murder was filed
and Lauro. Is the City of Cebu liable for the against X. After examining the case records
tort committed by its employee? forwarded to him by the prosecution, the
trial judge granted bail to X based on the
(A) The City of Cebu is not liable prosecution's manifestation that it was not
because its employee was engaged objecting to the grant of bail. Is the trial
in the discharge of a judge correct?
governmental function.
(A) Yes, the trial judge may evaluate
(B) The City of Cebu is liable for the the strength or weakness of the
tort committed by its employee while evidence based on the case records
in the discharge of a non- forwarded to him.
governmental function.
(B) No, the trial judge should have
(C) The City of Cebu is liable in held a hearing to ascertain the
accord with the precept of quality of the evidence of guilt
respondeat superior. that the prosecution had against
X.
(D) The City of Cebu is not liable as
a consequence of its non-suitability. (C) No, the trial judge should have
conducted a hearing to ascertain
(73) During promulgation of sentence, the
first whether or not X was validly
presence of the accused is mandatory but
arrested.
he may appear by counsel or representative
when (D) Yes, the trial judge may
reasonably rely on the prosecution's
(A) he is charged with a light
manifestation that he had no
offense.
objection to the grant of bail.
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(76) Mass media in the Philippines may be (D) degrading and queer penalties.
(A) corporations wholly owned and misconduct before the Supreme Court. The
(C) requires hearing the parties on case before the Court of Appeals and
(D) permits the parties to file (C) Yes, Judge Lloyd 's right to stay
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(D) No, the losing party has no Anton. The COMELEC approved the
standing to challenge Judge Lloyd's petition and set a date for its signing by
right to stay as judge. other qualified voters in order to garner at
least 25% of the total number of Bar
(80) Executive Secretary Chua issued an Examination Questionnaire for Political Law
order prohibiting the holding of rallies along Set A registered voters or total number of
Mendiola because it hampers the traffic those who actually voted during the local
flow to Malacanang. A group of militants election in 2005, whichever is lower. Anton
questioned the order for being attacked the COMELEC resolution for being
unconstitutional and filed a case against invalid. Do you agree with Anton?
Secretary Chua to restrain him from
enforcing the order. Secretary Chua raised (A) No, the petition, though initiated
state immunity from suit claiming that the by just one person, may be ratified
state cannot be sued without its consent. Is by at least 25% of the total number
the claim correct? of registered voters.
(A) No, public officers may be sued (B) No, the petition, though initiated
to restrain him from enforcing an by just one person may be ratified
act claimed to be by at least 25% of those who
unconstitutional. actually voted during the 2004 local
elections.
(B) Yes, the order was not a
proprietary act of the government. (C) Yes, the petition should be
initiated by at least 25% of the total
(C) No, only the president may raise number of registered voters who
the defense of immunity from suit. actually voted during the 2004 local
elections.
(D) Yes, Secretary Chua cannot be
sued for acts done in pursuance to (D) Yes,the petition should be
his public office. initiated by at least 25% of the
total number of registered voters
(81) Anton was the duly elected Mayor of
of Tunawi.
Tunawi in the local elections of 2004. He
got 51% of all the votes cast. Fourteen (82) Using the description of the supplier of
months later, Victoria, who also ran for shabu given by persons who had been
mayor, filed with the Local Election arrested earlier for selling it, the police
Registrar, a petition for recall against conducted a surveillance of the area
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indicated. When they saw a man who fitted (B) it is in accord with the
the description walking from the apartment prescribed manner of enforcement
to his car, they approached and frisked him as to time, place, and person.
and he did not object. The search yielded
an unlicensed gun tucked on his waist and (C) all affected parties are given the
(A) No, the man did not manifest (D) the interest of the general
(B) Yes, the police acted on reliable (84) A judge of the Regional Trial Court
information which proved correct derives his powers and duties from
(83) A law interfering with the rights of the (A) require the investigating body
person meets the requirements of to expedite the investigation.
substantive due process when
(B) hold in abeyance the period of
(A) the means employed is not such suspension.
against public policy.
(C) direct the holding of an election
to fill up the temporary vacancy.
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(86) When the State requires private (A) No, because those department
cemeteries to reserve 10% of their lots for heads are his alter egos and he is
burial of the poor, it exercises its but exercising his right against self-
incrimination.
(A) eminent domain power.
(B) Yes, the President cannot control
(B) zoning power. the initiative of the department
heads to conform with the oversight
(C) police power.
function of Congress.
competitor companies.
(89) When the President contracted a
(C) publicly converging with patrons personal loan during his incumbency, he
competitor companies.
(B) during his tenure of office.
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secretary, to shed light on his alleged illicit (A) the Secretary of Justice.
acquisition of properties claimed by the
Presidential Commission on Good (B) the Secretary of Foreign Affairs.
action.
(A) Yes, it is an implied power
(D) be restrained for being sub flowing from the President's exercise
(91) A government that actually exercises (B) No, it is a power reserved for
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(B) the day the election is held. of its holder requires the consent of
Congress.
(C) the day he files his certificate of
candidacy. (B) Yes, since the power to
appoint in the government, if not
(D) the day he takes his oath of lodged elsewhere, belongs to the
office. President as Chief Executive.
(95) The Office of the Special Prosecutor (C) Yes, since the power to fill up all
may file an information against a public government positions mentioned in
officer for graft the Constitution has been lodged in
the President.
(A) on its own initiative subject to
withdrawal of the information by the (D) No, because absent any express
Ombudsman. authority under the Constitution,
the power to appoint does not exist.
(B) independently of the
Ombudsman, except in plunder (97) The Chief Justice appointed X, the
cases. President’s sister, as Assistant Court
Administrator in the Supreme Court during
(C) only when authorized by the
the President's tenure. Claiming that the
Ombudsman.
Constitution prohibits the appointment in
government of a President’s relative, a
(D) independently of the
taxpayer asks for its nullification. Will the
Ombudsman.
challenge prosper?
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(C) No, X's appointment, although in (B) No, because her acts as de
the government, is not in the facto officer are void insofar as
Executive Department that the she is concerned.
President heads.
(C) Yes, public policy demands that
(D) No, the position to which X a de facto officer enjoy the same
was appointed is not among those rights of a de jure officer.
prohibited under the
Constitution. (D) A. Yes, it is but just that she be
paid for the service she rendered.
(98)May an incumbent Justice of the
Supreme Court be disbarred as a lawyer? (100) X, a Filipino and Y, an American, both
teach at the International Institute in
(A) No, it will amount to removal. Manila. The institute gave X a salary rate of
P1,000 per hour and Y, P1,250 per hour
(B) No, his membership in the bar is plus housing, transportation, shipping
secure. costs, and leave travel allowance. The
school cited the dislocation factor and
(C) Yes, by the Supreme Court itself.
limited tenure of Y to justify his high salary
rate and additional benefits. The same
(D) Yes, by Congress in joint
package was given to the other foreign
session.
teachers. The Filipino teachers assailed
(99) Mayor Lucia of Casidsid filed her such differential treatment, claiming it is
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References:
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Page 168 of 168
2014 BAR EXAMINATIONS POLITICAL LAW Page 1 of 20
I.
With the passage of time, the members of the House of Representatives increased with the
creation of new legislative districts and the corresponding adjustments in the number of
party-list representatives. At a time when the House membership was already 290, a great
number of the members decided that it was time to propose amendments to the
Constitution. The Senators, however, were cool to the idea. But the members of the House
insisted. They accordingly convened Congress into a constituent assembly in spite of the
opposition of the majority of the members of the Senate. When the votes were counted, 275
members of the House of Representatives approved the proposed amendments. Only 10
Senators supported such proposals. The proponents now claim that the proposals were
validly made, since more than the required three-fourths vote of Congress has been
obtained. The 14 Senators who voted against the proposals claim that the proposals
needed not three-fourths vote of the entire Congress but each house. Since the required
number of votes in the Senate was not obtained, then there could be no valid proposals, so
argued the Senators. Were the proposals validly adopted by Congress? (5%)
SUGGESTED ANSWER
The proposals were not validly adopted, because the ten (10) Senators who voted in favor
of the proposed amendments constituted less than three-fourths of all the Members of the
Senate. Although Section 1, Article XVII of the Constitution did not expressly provide that
the Senate and the House of Representatives must vote separately, when the Legislature
consists of two (2) houses, the determination of one house is to be submitted to the
separate determination of the other house (Miller vs Mardo, 2 SCRA 898 (1961))
2014 BAR EXAMINATIONS POLITICAL LAW Page 2 of 20
II.
Several citizens, unhappy with the proliferation of families dominating the political landscape,
decided to take matters into their own hands. They proposed to come up with a people’s
initiative defining political dynasties. They started a signature campaign for the purpose of
coming up with a petition for that purpose. Some others expressed misgivings about a people’s
initiative for the purpose of proposing amendments to the Constitution, however. They cited the
Court’s decision in Santiago v. Commission on Elections, 270 SCRA 106 (1997), as authority for
their position that there is yet no enabling law for s uch purpose. On the other hand, there are
also those who claim that the individual votes of the justices in Lambino v. Commission on
Elections, 505 SCRA 160 (2006), mean that Santiago’s pronouncement has effectively been
abandoned. If you were consulted by those behind the new attempt at a people’s initiative, how
would you advise them? (4%)
SUGGESTED ANSWER
I shall advise those starting a people’s initiative that initiative to pass a law defining political
dynasties may proceed as their proposal is to enact a law only and not to amend the
Constitution. The decision in Santiago vs COMELEC, 270 SCRA 106 (1997), which has not
been reversed, upheld the adequacy of the provisions in R.A. 6735 on initiative to enact a
law.
ALTERNATIVE ANSWER
I shall advise those starting a people’s initiative that the ruling in Santiago vs COMELEC that
there is as yet no enabling law for an initiative has not been reversed. According to Section 4 (3),
Article VIII of the Constitution, a doctrine of law laid down in a decision rendered by the
Supreme Court en banc may not be reversed except by it acting en banc. The majority
opinion in Lambino vs COMELEC (505 SCRA 160 (2006), refused to re-examine the ruling
in Santiago vs COMELEC (270 SCRA 106 (1997)), because it was not necessary for
deciding the case. The Justices who voted to reverse the ruling constituted the minority.
2014 BAR EXAMINATIONS POLITICAL LAW Page 3 of 20
III.
In Serrano v. Gallant Maritime Services, Inc., 582 SCRA 254 (2009), the Supreme Court
declared as violative of the Equal Protection Clause the 5th paragraph of §10 R.A. No. 8042
(Migrant Workers and Overseas Filipinos Act of 1995) for discriminating against illegally
dismissed OFWs who still had mo re than a year to their contract compared to those who
only had less than a year remaining. The next year, Congress enacted R.A. No 10222, an
amendment to the Migrant Workers and Overseas Filipinos Act, which practically reinstated
the provision struck down in Serrano.
Seamacho, an overseas seafarer who still had two years remaining on his contract when he
was illegally terminated, and who would only be entitled to a maximum of six-month’s pay
under the reinstated provision, engages you as his counsel. How are you to argue that the
new law is invalid insofar as it brings back to the statute books a provision that has already
been struck down by the Court? (5%)
SUGGESTED ANSWER
I will argue that since Section 10 of RA No. 8042 has already been declared unconstitutional
by the Supreme Court, its nullity cannot be cured by reincorporation or reenactment of the
same or a similar law or provision. Once a law has been declared unconstitutional, it
remains unconstitutional unless circumstances have so changed as to warrant a reverse
conclusion (Sameer Overseas Placement Agency vs Cabiles, GR No. 170139, August 5,
2014)
IV.
Beauty was proclaimed as the winning candidate for the position of Representative in the
House of Representatives three (3) days after the elections in May. She then immediately
took her oath of office. However, there was a pending disqualification case against her,
which case was eventually decided by the COMELEC against her 10 days after the election.
Since she has already been proclaimed, she ignored that decision and did not bother
appealing it. The COMELEC then declared in the first week of June that its decision holding
that Beauty was not validly elected had become final. Beauty then went to the Supreme
Court questioning the jurisdiction of the COMELEC claiming that since she had already
been proclaimed and had taken her oath of office, such election body had no more right to
come up with a decision – that the jurisdiction had already been transferred to the House of
Representatives Electoral Tribunal. How defensible is the argument of Beauty? (4%)
SUGGESTED ANSWER
The House of Representatives Electoral Tribunal has acquired exclusive jurisdiction over the
case of Beauty, since she has already been proclaimed. The proclamation of the winning
candidate is the operative fact that triggers the exclusive jurisdiction of the House of
Representative Electoral Tribunal over election contests relating to the election, returns and
qualifications of the winning candidate. The proclamation divests the COMELEC of jurisdiction
over the question of disqualifications pending before it at the time of the proclamation. Any case
pertaining to questions over the qualifications of a winning candidate should be raised before the
House of Representative Electoral Tribunal (Limkaichong vs COMELEC, 583 SCRA 1 (2011));
Jalosjos, Jr. vs COMELEC, 674 SCRA 530 (2013)
2014 BAR EXAMINATIONS POLITICAL LAW Page 4 of 20
V.
SUGGESTED ANSWER
The claim of Bluebean that Greenpeas is not entitled to a seat under the party-list system
because it obtained only 1.99 percent of the votes cast under the party-list system is not
correct. Since the provision in Section 5(2), Article VI of the Constitution that the party-list
representative shall constitute twenty percent (20%) of the total number of the Members of
the House of Representatives is mandatory, after the parties receiving at least two percent
(2%) of the total votes case for the party-list system have been allocated one seat, the
remaining seats should be allocated among the parties by the proportional percentage of
the votes received by each party as against the total party-list votes (Barangay Association
for National Advancement and Transparency vs COMELEC, 586 SCRA 211 (2009).
The claim of Bluebean that Greenpeas is not entitled to participate in the party-list elections
because it does not represent any marginalized and underrepresented sectors of society is
not correct. It is enough that its principal advocacy pertains to the special interests of its
sector (Atong Panglaum vs COMELEC, 694 SCRA 477 (2013)).
VI.
A few months before the end of the present Congress, Strongwill was invited by the Senate
to shed light in an inquiry relative to the alleged siphoning and diverting of the pork barrel of
members of Congress to non-existent or fictitious projects. Strongwill has been identified in
the news as the principal actor responsible for the scandal, the leader of a non-
governmental organization which ostensibly funnelled the funds to certain local government
projects which existed only on paper. At the start of the hearings before the Senate,
Strongwill refused at once to cooperate. The Senate cited him in contempt and sent him to
jail until he would have seen the light. The Congress, thereafter, adjourned sine die
preparatory to the assumption to office of the newly-elected members. In the meantime,
Strongwill languished behind bars and the remaining senators refused to have him
released, claiming that the Senate is a continuing body and , therefore, he can be detained
indefinitely. Are the senators right? (4%)
SUGGESTED ANSWER
Yes, the Senators are right. The Senate is to be considered as a continuing body for
purposes of its exercise of its power punish for contempt. Accordingly, the continuing validity
of its orders punishing for contempt should not be affected by its sine die adjournment
(Arnault vs Nazareno, 87 Phil. 29 (1950)
2014 BAR EXAMINATIONS POLITICAL LAW Page 5 of 20
ALTERNATIVE ANSWER
The Senators are right. While the Senate as an institution is continuing, in the conduct of its
day-to-day business, the Senate of each Congress acts separately from the Senate of the
Congress before it. All pending matters terminate upon expiration of each Congress (Neri vs
Senate Committee on Accountability of Public Officers and Investigation, 564 SCRA 152
(2008)
VII.
Margie has been in the judiciary for a long time, starting from the lowest court. Twenty (20)
years from her first year in the judiciary, she was nominated as a Justice in the Court of
Appeals. Margie also happens to be a first-degree cousin of the President. The Judicial and
Bar Council included her in the short-list submitted to the President whose term of office
was about to end – it was a month before the next presidential elections. Can the President
still make appointments to the judiciary during the so-called midnight appointment ban
period? Assuming that he can still make appointments, could he appoint Margie, his cousin?
(4%)
SUGGESTED ANSWER
The President can make appointments to the Supreme Court two months before a
presidential election until the end of his term but not to the rest of the Judiciary like the Court
of Appeals. Under Section 4(1), Article VIII of the Constitution, vacancies in the Supreme
Court shall be filled within ninety (90) days from the occurrence of the vacancy. Under
Section 9, Article VIII of the Constitution, vacancies in the lower courts shall be filled within
ninety (90) days from submission of the list of nominees. These appointments are screened
by the Judicial and Bar Council, and the process necessarily precludes or prevents the
President from making purely political appointments to the courts, which is what is sought to
be prevented by the prohibition (De Castro vs Judicial and Bar Council, 615 SCRA 666
(2010)).
The President may also appoint his first cousin, Margie, as Justice of the Court of Appeals.
The prohibition in Section 13, Article VII of the Constitution against appointment by the
President of relatives within the fourth degree by consanguinity or affinity does not include
appointments to the Judiciary.
The President cannot make appointments to the Judiciary during two months before the
presidential election until the end of his term because of the ban in Section 15, Article VII of
the Constitution. Despite the constitutional mandate to fill vacancies in Judiciary within the
prescribed periods, the prohibitions against the appointments releases the President from
the obligation to appoint within them. The delay is excusable, since it will be impossible to
comply with his obligation.
2014 BAR EXAMINATIONS POLITICAL LAW Page 6 of 20
VIII.
The President, concerned about persistent reports of widespread irregularities and shenanigans
related to the alleged ghost projects with which the pork barrel funds of members of Congress
had been associated, decided not to release the funds authorized under a Special
Appropriations Act for the construction of a new bridge. The Chief Executive explained that, to
pro perly conserve and preserve the limited funds of the government, as well as to avoid further
mistrust by the people, such a project – which he considered as unnecessary since there was an
old bridge near the proposed bridge which was still functional – should be scrapped. Does the
President have such authority? (4%)
SUGGESTED ANSWER
The President has the authority to withhold the release of the funds under a Special
Appropriation Act for a project which he considered unnecessary. The faithful execution of
the laws requires the President to desist from implementing a law if by doing so will
prejudice public interest. It is folly to require the President to spend the entire amounts
appropriated in the law in such a case. (Philippine Constitution Association vs. Enriquez,
235 SCRA 506 (1994))
ALTERNATIVE ANSWER
The President does not possess the authority to scrap the Special Appropriations Act for the
construction of the new bridge. His refusal to spend the funds appropriated for the purpose is
unlawful.
The President is expected to faithfully implement the purpose for which Congress
appropriated funds. Generally, he cannot replace legislative discretion with his own personal
judgment as to the wisdom of a law. (Araullo vs Aquino, GR No. 209287, July 1, 2014).
2014 BAR EXAMINATIONS POLITICAL LAW Page 7 of 20
IX.
(E) commandeering large chunks of the budget for favoured congressional districts
SUGGESTED ANSWER
X.
(D) a government regulation that lacks clear standards is nonsensical and useless
as a guide for human conduct
SUGGESTED ANSWER
(C ) if a law is incomprehensible to ordinary people such that they do not really know what is
required or prohibited, then the law must be struck down
XI.
In keeping with the modern age of instant and incessant information and transformation,
Congress passed Cybercrime Prevention Act to regulate access to and use of the amenities
of the cyberspace. While ostensibly the law is intended to protect the interests of society,
some of its provisions were also seen as impermissibly invading and impairing widely
cherished liberties of the people particularly the freedom of expression. Before the law could
even be implemented, petitions were filed in the Supreme Court questioning said provisions
by people who felt threatened, for themselves as well as for the benefit of others who may
be similarly affected but not minded enough to challenge the law. The Solicitor General
countered that there is no basis for the exercise of the power of judicial review since there
has yet been no violation of the law, and therefore, there is no actual case or controversy to
speak of, aside from the fact that the petitioners have no locus standi since they do not
claim to be in imminent danger of being prosecuted under the law. Can the Court proceed to
decide the case even if the law has not yet become effective? (4%)
SUGGESTED ANSWER
The Supreme Court can proceed to decide the case even if the law has not yet become
effective. Since the petitions filed sought to nullify the Cybercrime Prevention Act, because it
violated several provisions of the Bill of Rights, the Supreme Court became duty-bound to
settle the dispute (Tanada vs Angara, 272 SCRA 18 (1997)). Since it is alleged that the
Cybercrime Prevention Act violates various provisions of the Bill of Rights, including
freedom of speech, freedom of the press, and the right against unreasonable searches and
seizures, the issues raised are the paramount public interest, of transcendental importance
and with far-reaching constitutional implications, that justify dispensation with locus standi
and exercise of the power of judicial review by the Supreme Court (Chavez vs Gonzales,
545 SCRA 441 (2008). Jurisprudence provides that locus standi is not required when the
action was filed to prevent a chilling effect on the exercise of the right to freedom of
expression and overbreadth.
2014 BAR EXAMINATIONS POLITICAL LAW Page 9 of 20
XII.
The Court had adopted the practice of announcing its decision in important, controversial or
interesting cases the moment the votes had been taken among the justices, even as the final
printed decision and separate opinions are not yet available to the public. In a greatly anticipated
decision in a case of wide-ranging ramifications, the voting was close – 8 for the majority, while 7
were for the other side. After the Court had thus voted, it issued a press release announcing the
result, with the advice that the printed copy of the decision, together with the separate opinions,
were to be issued subsequently. The following day, however, one of the members of the Court
died. The Court then announced that it would deliberate anew on the case since apparently the
one who died belonged to the majority. Citizens for Transparency, a group of civic-spirited
professionals and ordinary citizens dedicated to transparency and accountability in the
government, questioned the act of the Court. The petitioners claimed the decision had already
been validly adopted and promulgated. Therefore, it could no longer be recalled by the Court. At
the same time, the group also asked the Court to disclose to the public the original decision and
the separate opinions of the magistrates, together with what they had deliberated on just before
they came up with the press release about the 8-7 decision. (6%)
(A) Was the announced 8-7 decision already validly promulgated and thus not
subject to recall?
(B) If the decision was not yet finalized at the time when the justice died, could it still
be promulgated?
(C) If the decision was still being finalized, should the Court release to the public the
majority decision and the separate opinions as originally announced, together with
their deliberations on the issues?
SUGGESTED ANSWER
(A) The decision cannot be deemed to have been promulgated simply because of the
announcement of the voting in a press release, because the decision has not yet
been issued and filed with the Clerk of Court. Until the decision is filed with the Clerk
of Court, the Justices still have control over the decision and they can still change
their votes (Limkaichong vs COMELEC, 594 SCRA 434, (2009)).
(B) The decision can no longer be promulgated if the Justice who belonged to the
majority died, for lack of a majority vote. The vote he cast is no longer valid, as he
was no longer an incumbent member of the Supreme Court (Lao vs To-Chip, 158
SCRA 243 (1988))
The decision can be promulgated even if the Supreme Court en banc is equally divided, if
after the case was again deliberated upon, no majority decision was reached. If the case is
an original action, it should be dismissed. If it is an appealed case, the decision appealed
from should be affirmed if it is a civil case. If it is a criminal case, the accused should be
acquitted (Section 7, Rule 56 of the Rules of the Court; Section 3, Rule 125, Revised Rules
on Criminal Procedure).
(C) The Supreme Court should not release to the public the majority opinion and the
separate opinions, as well as its deliberations. They are part of its confidential
internal deliberations.
2014 BAR EXAMINATIONS POLITICAL LAW Page 10 of 20
XIII.
Congress may increase the appellate jurisdiction of the Supreme Court: (1%)
(D) only with the advice and concurrence of the Supreme Court
(D) only with the advice and concurrence of the Supreme Court
XIV.
XV.
Allmighty Apostles is a relatively new religious group and movement with fast-growing
membership. One time, DeepThroat, an investigative reporter, made a research and study
as to what the group’s leader, Maskeraid was actually doing. DeepThroat eventually came
up with the conclusion that Maskeraid was a phony who is just fooling the simple-minded
people to part with their money in exchange for the promise of eternal happiness in some
far -away heaven. This was published in a newspaper which caused much agitation among
the followers of Maskeraid. Some threatened violence against DeepThroat, while some
others already started destroying properties while hurting those selling the newspaper. The
local authorities, afraid of the public disorder that such followers might do, decided to ban
the distribution of the newspaper containing the article. DeepThroat went to court
complaining about the prohibition placed on the dissemination of his article. He claims that
the act of the authorities partakes of the nature of heckler’s veto, thus a violation of the
guaranty of press freedom. On th e other hand, the authorities counter that the act was
necessary to protect the public order and the greater interest of the community. If you were
the judge, how would you resolve the issue? (4%)
SUGGESTED ANSWER
If I were the judge, I would rule that the distribution of the newspaper cannot be banned.
Freedom of the news should be allowed although it induces a condition of unrest and stirs
people to anger. Freedom of the press include freedom of circulation (Chavez vs Gonzales,
545 SCRA 441 (2008))
When governmental action that restricts freedom of the press is based on content, it is given
the strictest scrutiny and the government must show that there is a clear and present
danger as to warrant curtailment of the right of Deep Throat to distribute the newspaper
(Chavez vs Gonzales, 545 SCRA 441(2008))
ALTERNATIVE ANSWER
The fact that some people had already started destroying properties while hurting those
selling the newspaper can be validly considered by the government as a clear and present
danger, which will justify its banning of the further distribution of the newspaper containing
the article. The test for limitations on freedom of expression continues to be the clear and
present danger rule-that words are used in such circumstances and are of such a nature as
to create a clear and present danger that they will bring about the substantive evils that the
lawmaker has a right to prevent (Chavez vs Gonzales, 545 SCRA 441 (2008))
2014 BAR EXAMINATIONS POLITICAL LAW Page 12 of 20
XVI.
(B) when it exercises too much power it is like someone with bad breath – it is not
healthy to society
(C) can enact laws which can reach outside its borders, like long -arm statues
XVII.
Towards the end of the year, the Commission on Audit (COA) sought the remainder of its
appropriation from the Department of Budge t and Management (DBM). However, the DBM
refused because the COA had not yet submitted a report on the expenditures relative to the
earlier amount released to it. And, pursuant to the "no report, no release" policy of the DBM,
COA is not entitled to any further releases in the meantime. COA counters that such a policy
contravenes the guaranty of fiscal autonomy granted by the Constitution. Is COA entitled to
receive the rest of its appropriations even without complying with the DBM policy? (4%)
SUGGESTED ANSWER
The Commission on Audit is entitled to receive the rest of its appropriations even without
complying with the policy of the Department of Budget and Management. Section 5, Article
IX-A of the Constitution provides that its approved annual appropriation shall be
automatically and regular released. The Secretary of Budget and Management cannot make
the release of the appropriations subject to the submissions of reports (Civil Service
Commission vs Department of Budget and Management, 464 SCRA 115 (2005))
2014 BAR EXAMINATIONS POLITICAL LAW Page 13 of 20
XVIII.
The National Building Code and its implementing rules provide, inter alia, that operators of
shopping centers and malls should provide parking and loading spaces, in accordance with
a prescribed ratio. The Solicitor General, heeding the call of the public for the provision of
free parking spaces in malls, filed a case to compel said business concerns to discontinue
their practice of collecting parking fees. The mall owners and operators oppose, saying that
this is an invalid taking of their property, thus a violation of due process. The Solicitor
General justifies it, however, claiming that it is a valid exercise of police power. Could the
mall owners and operators be validly compelled to provide free parking to their customers?
(4%)
SUGGESTED ANSWER
No, the mall owners and operators cannot be validly compelled to provide free parking to
their customers, because requiring them to provide free parking space to their customers is
beyond the scope of police powers. It unreasonably restricts the right to use property for
business purposes and amounts to confiscation of property (Office of the Solicitor General
vs Ayala Land, Inc. 600 SCRA 617 (2009))
XIX.
Surveys Galore is an outfit involved in conducting nationwide surveys. In one such survey, it
asked the people about the degree of trust and confidence they had in several institutions of
the government. When the results came in, the judiciary was shown to be less trusted than
most of the government offices. The results were then published by the mass media.
Assension, a trial court judge, felt particularly offended by the news. He then issued a show-
cause order against Surveys Galore directing the survey entity to explain why it should not
be cited in contempt for coming up with such a survey and publishing the results which were
so unflattering and degrading to the dignity of the judiciary. Surveys Galore immediately
assailed the show-cause order of Judge Assension, arguing that it is violative of the
constitutional guaranty of freedom of expression. Is Surveys Galore’s petition meritorious?
(4%)
SUGGESTED ANSWER
The petition of Surveys Galore is meritorious. Freedom of speech and freedom of the press may
be identified with the liberty to discuss publicly and truthfully any matter of public interest without
censorship and punishment. There should be no previous restraint on the communication of
views or subsequent liability whether in libel suits, prosecution for sedition, or action for
damages, or contempt proceedings unless there is a clear and present danger of substantive
evil that Congress has a right to prevent (Chavez vs Gonzales, 545 SCRA 441 (2008)). Freedom
of speech should not be impaired through the exercise of the power to punish for contempt of
court unless the statement in question is a serious and imminent threat to the administration of
justice. Here, the publication of the result of the survey was not intended to degrade the
Judiciary (Cabansag vs Fernandez, 102 Phil. 152 (2012))
2014 BAR EXAMINATIONS POLITICAL LAW Page 14 of 20
XX.
(A) civil servants must first qualify before they could be appointed to office
(B) all employees in the government are merely agents of the people
(C) the acts of subordinates presumptively of those of the heads of offices disapproves
them
(D) members of the Cabinet must have the absolute trust and confidence of the
President
(C) the acts of subordinates presumptively of those of the heads of offices disapproves them
XXI.
(D) of the people to take back the power entrusted to those in government
(E) of the President to call out the armed forces to suppress lawless violence
XXII.
The National Power and Grid Corporation (NPGC), a government entity involved in power
generation distribution, had its transmissi on lines traverse some fields belonging to
Farmerjoe. NPGC did so without instituting any expropriation proceedings. Farmerjoe, not
knowing any better, did not immediately press his claim for payment until after ten years
later when a son of his took up Law and told him that he had a right to claim compensation.
That was then the only time that Farmerjoe earnestly demanded payment. When the NPGC
ignored him, he instituted a case for payment of just compensation. In defense, NPGC
pointed out that the claim had already prescribed since under its Charter it is clearly
provided that "actions for damages must be filed within five years after the rights of way,
transmission lines, substations, plants or other facilities shall have been established and
that after said period, no suit shall be brought to question the said rights of way,
transmission lines, substations, plants or other facilities." If you were the lawyer of
Farmerjoe, how would you protect and vindicate the rights of your client? (4%)
SUGGESTED ANSWER
Farmerjoe’s demand for payment is justified and cannot be considered as prescribed. His
demand for payment is an action for the payment of just compensation and not an action for
damages as provided in the Charter of the National Power and Grid Corporation. It partakes
of the nature of a reverse eminent domain proceeding (or inverse condemnation
proceeding) wherein claims for just compensation for property taken can be made and pursued
(National Power Corporation vs Vda. De Capin, 569 SCRA 648 (2008); National Power
Corporation vs Heirs of Sangkay, 656 SCRA 60 (2011)
ALTERNATIVE ANSWER
I will claim that since National Power and Grid Corporation took the property traversing the
fields of Farmerjoe without first acquiring title through expropriation or negotiated sale, his
action to recover just compensation is imprescriptible (Republic vs Court of Appeals, 454
SCRA 510 (2005))
2014 BAR EXAMINATIONS POLITICAL LAW Page 16 of 20
XXIII.
The police got a report about a shooting incident during a town fiesta. One person was
killed. The police immediately went to the scene and started asking the people about what
they witnessed. In due time, they were pointed to Edward Gunman, a security guard, as the
possible malefactor. Edward was then having refreshment in one of the eateries when the
police approached him. They asked him if he had a gun to which question he answered yes.
Then they asked if he had seen anybody shot in the vicinity just a few minutes earlier and
this time he said he did not know about it. After a few more questions, one of the policemen
asked Edward if he was the shooter. He said no, but then the policeman who asked him told
him that several witnesses pointed to hi m as the shooter. Whereupon Edward broke down
and started explaining that it was a matter of self-defense. Edwardwas eventually charged
with murder. During his trial, the statements he made to the police were introduced as
evidence against him. He obj ected claiming that they were inadmissible since he was not
given his Miranda rights. On the other hand, the prosecution countered that there was no
need for such rights to be given since he was not yet arrested at the time of the questioning.
If you were the judge, how would you rule on the issue? (4%)
SUGGESTED ANSWER
If I were the judge, I would rule that the confession is inadmissible. First, the rights under
investigation in Section 12, Article III of the Constitution are applicable to any person under
investigation for the commission of an offense. The investigation began when a policeman
told Edward that several witnesses pointed to him as the shooter, because it started to focus
on him as a suspect (People vs Bariquit, 341 SCRA 600 (2000). Second, under Section 2 of
RA 7438, for a confession to be admissible, it must be in writing (People vs Labtan, 320
SCRA 140 (1999))
XXIV.
Alienmae is a foreign tourist. She was asked certain questions in regard to a complaint that
was filed against her by someone who claimed to have been defrauded by her. Alienmae
answered all the questions asked, except in regard to some matters in which she invoked
her right against self-incrimination. When she was pressed to elucidate, she said that the
questions being asked might tend to elicit incriminating answers insofar as her home state is
concerned. Could Alienmae invoke the right against self-incrimination if the fear of
incrimination is in regard to her foreign law? (4%)
SUGGESTED ANSWER
Alienmäe can invoke her right against self-incrimination even if it is in regard to her foreign
law, if her home is a party to the International Covenant on Civil and Political Rights. Article
14(3)(g) of the said Covenant provides: “ In the determination of any criminal charge against
him, everyone shall be entitled to the following minimum guarantees, in full equality:
XXV.
Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen of State
Frozen. By virtue of the laws of Frozen, any person who marries its citizens would automatically
be deemed its own citizen. After ten years of marriage, Rosebud, who has split her time between
the Philippines and Frozen, decided to run for Congress. Her opponent sought her
disqualification, however, claiming that she is no longer a natural-born citizen. In any event, she
could not seek elective position since she never renounced her foreign citizenship pursuant to
the Citizenship Retention and Reacquisition Act (R.A. No. 9225). Is Rosebud disqualified to run
by reason of citizenship? (4%)
SUGGESTED ANSWER
Rosebud remained a natural born Filipino citizen even if under the laws of the Frozen, she
became a citizen of it because of her marriage to Rockcold. Under Section 4, Article IV of
the Constitution, she retained her Philippine citizenship.
Rosebud cannot seek elective office. Under Section 5(2) of RA No. 9225, even those who
retained their Philippine citizenship by birth and acquired foreign citizenship by virtue of
marriage to a foreign spouse are required to renounce their foreign citizenship (Sobejana-
Condon vs COMELEC 678 SCRA 267 (2012))
ALTERNATIVE ANSWER
She became a dual citizen, not on the basis of the provisions of RA No. 9225, but by reason
of the automatic operation of the citizenship laws of State Frozen, of which her husband
Rockcold, was a citizen. The requirement regarding the renunciation of her foreign
citizenship under that law cannot therefore be made to apply to her.
It does not appear that she ever renounced her natural-born Filipino citizenship upon her
marriage to Rockcold. Accordingly, she cannot be considered as ever having lost it. She is
therefore not disqualified to run for Congress by reason of citizenship.
2014 BAR EXAMINATIONS POLITICAL LAW Page 18 of 20
XXVI.
The one-year-bar rule in impeachment proceedings is to be reckoned from the time the (1%)
XXVII.
Congress enacted a law exempting certain government institutions providing social services
from the payment of court fees. Atty. Kristopher Timoteo challenged the constitutionality of
the said law on the ground that only the Supreme Court has the power to fix and exempt
said entities from the payment of court fees.
Congress, on the other hand, argues that the law is constitutional as it has the power to
enact said law for it was through legislative fiat that the Judiciary Development Fund (JDF)
and the Special Allowance for Judges and Justices (SAJJ), the funding of which are sourced
from the fees collected by the courts, were created. Thus, Congress further argues that if it
can enact a law utilizing court fees to fund the JDF and SAJJ, a fortiori it can enact a law
exempting the payment of court fees.
Discuss the constitutionality of the said law, taking into account the arguments of both
parties? (4%)
SUGGESTED ANSWER
The law is unconstitutional. The Constitution has taken away the power of Congress to
repeal, alter or supplement the Rules of Court. The fiscal autonomy guaranteed the
Judiciary by Section 3, Article VIII of the Constitution recognized the authority of the
Supreme Court to levy, assess and collect fees. Congress cannot amend the rules
promulgated by the Supreme Court for the payment of legal fees by granting exemptions (In
re Petition for Recognition of Exemption of the GSIS from Payment of Legal Fees, 612
SCRA 193 (2010); In re Exemption of NAPOCOR from Payment of Filing/Docket Fees, 615
SCRA 1 (2010); In re Exemption from Payment of Court and Sheriff’s Fees of Duly
Registered Cooperatives, 668 SCRA 1 (2012))
2014 BAR EXAMINATIONS POLITICAL LAW Page 19 of 20
XXVIII.
From an existing province, Wideland, Congress created a new province, Hundred Isles,
consisting of several islands, with an aggregate area of 500 square kilometres. The law
creating Hundred Isles was duly approved in a plebiscite called for that purpose. Juan, a
taxpayer and a resident of Wideland, assailed the creation of Hundred Isles claiming that it
did not comply with the area requirement as set out in the Local Government Code, i.e., an
area of at least 2,000 square kilometres. The proponents justified the creation, however,
pointing out that the Rules and Regulations Implementing the Local Government Code
states that "the land area requirement shall not apply where the pr oposed province is
composed of one (1) or more islands." Accordingly, since the new province consists of
several islands, the area requirement need not be satisfied. How tenable is the position of
the proponents? (4%)
SUGGESTED ANSWER
The position of the proponents is tenable. The Supreme Court has clarified that, when a province
is composed of one or more islands, its creation need not comply with the 2,000 square
kilometer contiguous territory requirement under the provisions of the Local Government Code.
Article 9 (2) of the Implementing Rules and Regulations of the Local Government Code provided
the exemption. Sections 442 and 450 of the Local Government Code exempted municipalities
and component cities from the area requirement if they consist of one or more islands. While
there is no similar provisions for provinces, there is no reason why the exemption should not
apply to them. There is a greater likelihood that an island or group of island will form part of
the area of a province (Navarro vs Ermita. 648 SCRA 400 (2011))
XXIX.
SUGGESTED ANSWER
Ambassador Gaylor cannot invoke his diplomatic immunity. In accordance with Paragraph 1,
Article 31 of the Vienna Convention of Diplomatic Relations, since State Paradise is not his
receiving state, he does not enjoy diplomatic immunity within its territory. Under Paragraph 1,
Article 40 of the Vienna Convention of Diplomatic Relations, he cannot be accorded diplomatic
immunity in State Paradise, because he is not passing through it take up or return to his post or
to return to State Juvenus.
2014 BAR EXAMINATIONS POLITICAL LAW Page 20 of 20
XXX.
Congress passed a law, R.A. No. 15005, creating an administrative Board principally tasked
with the supervision and regulation of legal education. The Board was attached to the
Department of Education. It was empowered, among others, to prescribe minimum
standards for law admission and minimum qualifications of faculty members, the basic
curricula for the course of study aligned to the requirements for admission to the Bar, law
practice and social consciousness, as well as to establish a law practice internship as a
requirement for taking the Bar which a law student shall undergo anytime during the law
course, and to adopt a system of continuing legal education. Professor Boombastick, a
long-time law practitioner and lecturer in several prestigious law schools, assails the
constitutionality of the law arguing; that it encroached on the prerogatives of the Supreme
Court to promulgate rules relative to admission to the pra ctice of law, the Integrated Bar,
and legal assistance to the underprivileged. If you were Professor Boombastick’s
understudy, how may you help him develop clear, concise and cogent arguments in support
of his position based on the present Constitution and the decisions of the Supreme Court on
judicial independence and fiscal autonomy? (4%)
SUGGESTED ANSWER
The statutory authority granted to the administrative Board to promulgate rule and
regulations cannot encroach upon the exclusive authority of the Supreme Court to regulate
the admission to the practice of law (Section 5(5), Article VIII of the Constitution).
Thus, the Administrative Board cannot prescribe additional standards for admission to the
practice of law, adopt a course of study which is inconsistent with the requirements of the
Supreme Court, and impose additional requirements to take the bar examinations
(Philippine Lawyers’s Association vs Agrava, 105 Phil 173 (1959)). Since Congress has no
power to repeal, alter or supplement the Rules of Court, it cannot delegate such power to
the Administrative Board.
2015
Bar Questions and Suggested Answers
Political Law
SUGGESTED ANSWER: No, the objection is not tenable. UNCLOS has nothing to
do with the redefinition of our territory. It merely regulates sea-use rights over
maritime zones, contiguous zones, exclusive economic zones, and continental shelves
which it delimits. Whether the bodies of water lying landward of the baselines of the
Philippines are internal waters or archipelagic waters, the Philippines retains
jurisdiction over them (Magallona v. Ermita, GR No. 187167, July 16, 2011, 655
SCRA 476).
(2) Describe the following maritime regimes under UNCLOS
(4%)
(a) Territorial sea
(b) Contiguous zone
(c) Exclusive economic zone
(d) Continental shelf
SUGGESTED ANSWER:
(a) Territorial sea – is the belt of waters adjacent to the coasts of the State,
excluding internal waters in bays and gulfs, over which the state claims
sovereignty and jurisdiction and which is 12 nautical miles from the baseline.
(b) Contiguous zone – is that belt of waters measured 24 nautical miles from the
same baseline used to measure the breadth of the territorial sea. In this zone,
the coastal state may exercise the control necessary to
i) Prevent infringement of its customs, fiscal, immigration or sanitary
laws and regulations within its territory or territorial sea.
ii) Punish infringement of the above laws and regulations committed
within its territory or territorial sea (Article 53, UNCLOS)
(c) Exclusive Economic Zone is an area beyond and adjacent to the territorial
sea, over which a state has special rights over the exploration and utilization
of marine resources. It shall not extend beyond 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured. In case of
archipelagic states, its breadth shall be measured from the archipelagic
baseline (Article 57, 58, 48, UNCLOS)
(d) Continental shelf - The continental shelf of a coastal State comprises the
seabed and subsoil of the submarine areas that extend beyond its territorial
sea throughout the natural prolongation of its land territory to the outer edge
of the continental margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured where the
outer edge of the continental margin does not extend up to that distance
(Article 76, UNCLOS).
III.Professor Masipag who holds a plantilla or regular item in
the University of the Philippines (UP) is appointed as an
Executive Assistant in the Court of Appeals (CA). The
professor is considered only on leave of absence in UP
while he reports for work at the CA which shall pay him
the salary of the Executive Assistant. The appointment to
the CA position was questioned, but Professor Masipag
countered that he will not collect the salary for both
positions; hence, he can not be accused of receiving
double compensation. Is the argument of the professor
valid? Explain. (4%)
SUGGESTED ANSWER: No, the argument is not valid. The prohibition of dual
employment does not apply to Professor Masipag because Section 5 [c], Canon III of
the Code of Conduct for Court Personnel allows court personnel to acquire outside
employment provided, among others, that the outside employment does not require
the practice of law; and provided, however, that court personnel may render
services as professor, lecturer, or resource person in law schools, review or
continuing education centers or similar institutions. Dual employment applies to
appointive officials who are not allowed to hold any other office or employment in
the Government or any subdivision, agency or instrumentality thereof, including
government-owned corporation or their subsidiaries, unless otherwise allowed by
law or the primary functions of his position (Article IX B Section 7 of the 1987
Constitution; Sections 1 and 2, Rule XVIII of the Omnibus Rules Implementing
Book V of E.O. No. 292).
IV.When is a facial challenge to the constitutionality of a law
on the ground of violation of the Bill of Rights traditionally
allowed? Explain your answer. (3%)
SUGGESTED ANSWER: AT’s contention does not hold water. The determination
of the percentage of Filipino ownership in a corporation is no longer primarily
based on the number of apparent shares of a stockholder, nor to the class of stock a
shareholder holds. In the latest ruling of the Supreme Court in Narra Nickel Mining
v. Redmont Consolidated Mines (G.R. No. 195580 January 28, 2015), the
computation of the total percentage of the Filipino ownership in a corporation is
applied to BOTH (a) the total outstanding shares of stock entitled to vote in the
election of directors; AND (b) the total number of outstanding shares of stock,
whether or not entitled to vote in the election of directors. In Narra v. Redmont,
foreign corporations have resorted to elaborate corporate layering as to make it
appear that there is compliance with the minimum Filipino ownership in the
Constitution. The corporate layering employed by certain foreign corporation was
evidently designed to circumvent the constitutional caveat allowing only Filipino
citizens and corporations 60%-owned by Filipino citizens to explore, develop, and
use the country’s natural resources. The application of the Control Test and the
Grandfather Rule must be applied where doubts or various indicia that the
"beneficial ownership" and "control" of the corporation do not in fact reside in
Filipino shareholders but in foreign stakeholders. Hence, AT cannot claim that PTC
is Filipino-owned based only on the apparent number of stocks belonging to
Filipinos.
SUGGESTED ANSWER:
(1) The authority to declare a state of rebellion emanates from the President’s
powers as Chief Executive (Sec. 4, Chapter 2, Book II, Administrative Code of
1997). Its declaration is deemed harmless and without legal significance (Canlakas v.
Executive Secretary). In declaring a state of national emergency in PP1017,
President Arroyo did not only rely on Sec. 18, Art. VII of the Constitution, but also
on Sec. 17, Article Xll of the Constitution, calling for the exercise of awesome powers
which cannot be deemed as harmless or without legal significance [David v.
Macapagal -Arroyo, supra].
SUGGESTED ANSWER: The contention of the BOD is proper. Under the doctrine
of qualified political agency or alter ego principle, all executive and administrative
organizations are adjuncts of the Executive Department, the heads of the various
executive, and, except in cases where the Chief Executive is required by the
Constitution 0r law t0 act in person or the exigencies of the situation demand that he
acts personally, the multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive departments, and the acts of
the Secretaries of Executive departments when performed and promulgated in the
regular course of business or unless disapproved or reprobated by the Chief
Executive, are presumptively the acts of the Chief Executive (Villena v. Secretary of
the lnterior, No. 46574, April 21, 1939).
Under our governmental set-up, corporations owned or controlled by the
government… partake of the nature of government bureaus or offices, which are
administratively supervised by (one) “whose compensation and rank shall be that of
a head of an Executive Department” and who “shall be responsible to the President
of the Philippines under whose control his functions ... shall be
exercised.” (Executive Order No. 386 of December 22, 1950, section 1, issued under
the Reorganization Act of 1950). (in Namarco v. Arca, 29 SCRA 648). Through the
Secretary of Finance, any act of the BOD shall be subject to the constitutional power
of control by the President over all executive departments, bureaus and offices.
Under the Constitution, there are two different functions of the Legislature: The
power to conduct inquiries in aid of legislation and the power to conduct inquiry
during question hour. The objective of conducting a question hour is to obtain
information in pursuit of Congress’ oversight function. When Congress merely seeks
to be informed on how department heads are implementing the statutes which it had
issued, the department heads’ appearance is merely requested. The power of
inquiry in aid of legislation is inherent in the power to legislate. A legislative body
cannot legislate wisely or effectively in the absence of information respecting the
conditions which the legislation is intended to affect or change. And where the
legislative body does not itself possess the requisite information, recourse must be
had to others who do possess it. The executive privilege is the exception under this
type of inquiry.
SUGGESTED ANSWER: The motion by the DENR to dismiss the case for ABC’s
failure to exhaust administrative remedies should be set aside. The rule on
exhaustion of administrative remedies applies only to decisions of administrative
agencies made in the exercise of their quasi-judicial powers [Association of
Philippine Coconut Desiccators v. Philippine Coconut Authority, G.R. No. 110526,
February 10, 1 9981. Thus, where what is assailed is the validity or constitutionality
of a rule or regulation issued by the administrative agency in the performance of its
quasi-legislative function, the regular courts have jurisdiction to pass upon the same
(Smart communications v. National telecommunications commission, G.R. No.
151908, August 12, 2003).
XI.(1) What is the concept of expanded judicial review under
the 1987 Constitution? (3%)
SUGGESTED ANSWER: The 1987 Constitution has narrowed the reach of the
political question doctrine when it expanded the power of judicial review of this
court not only to settle actual controversies involving rights which are legally
demandable and enforceable but also to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of government. Heretofore, the judiciary has focused
on the "thou shalt not's" of the Constitution directed against the exercise of its
jurisdiction. With the new provision, however, courts are given a greater prerogative
to determine what it can do to prevent grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of government.
Clearly, the new provision did not just grant the Court power of doing nothing.
(Belgica v. Ochoa, G.R. No. 208566 November 19, 2013)
SUGGESTED ANSWER: The Rule-making power of the Supreme Court was vested
by the 1987 Constitution to promulgate rules that would protect the constitutional
rights of our people, pleadings, practice and proceedings in all courts. This is
recognized power exclusive to the Supreme Court. But while the power of the
judiciary is to interpret laws, judicial legislation takes place when a court steps in to
craft missing parts or to fill in the gaps in laws or when it oversteps its discretional
boundaries and goes beyond the law to coin doctrines or principles where none was
before (Judicial Legislation: Dissected. M. Vidal). This is frowned upon because the
courts should merely interpret laws, and not make new laws.
XII.Discuss the evolution of the principle of jus sanguinis as
basis of Filipino citizenship under the 1935, 1973, and
1987 Constitutions. (3%)
SUGGESTED ANSWER: Under the 1935 Constitution, Filipino citizens under the
principle of jus sanguinis are only those whose fathers are citizens of the Philippines.
Under the 1973 and 1987 Constitutions, Filipino citizens are those whose fathers or
mothers are Filipino citizens.
SUGGESTED ANSWER: No, the constitutional challenge will not succeed. It is well
settled in the case of Matibag v. Benipayo, the Supreme Court said that when an ad
interim appointment (of the Chairman of the Commission on Elections) is not
confirmed (as it was by-passed, or that there was not ample time for the
Commission on Appointments to pass upon the same), another ad interim
appointment may be extended to the appointee without violating the Constitution.
XVI.
(1)Gandang Bai filed her certificate of candidacy (COC) for
municipal mayor stating that she is eligible to run for the
said position. Pasyo Maagap, who also filed his COC for the
same position, filed a petition to deny due course or cancel
Bai's COC under Section 78 of the Omnibus Election Code
for material misrepresentation as before Bai filed her COC,
she had already been convicted of a crime involving moral
turpitude. Hence, she is disqualified perpetually from
holding any public office or from being elected to any
public office. Before the election, the COMELEC cancelled
Bai's COC but her motion for reconsideration (MR)
remained pending even after the election. Bai garnered
the highest number of votes followed by Pasyo Maagap,
who took his oath as Acting Mayor. Thereafter, the
COMELEC denied Bai's MR and declared her disqualified for
running for Mayor. P. Maagap asked the Department of
Interior and Local Government Secretary to be allowed to
take his oath as permanent municipal mayor. This request
was opposed by Vice Mayor Umaasa, invoking the rule on
succession to the permanent vacancy in the Mayor's office.
Who between Pasyo Maagap and Vice Mayor Umaasa has
the right to occupy the position of Mayor? Explain your
answer.
Explain. (4%)
SUGGESTED ANSWER: Vice Mayor Umaasa has the right to occupy the position
of Mayor. This was settled in Talaga v. COMELEC (G.R. No. 196804 October 9,
2012). where the court upheld that the disqualification of Bai created a situation of a
permanent vacancy in the office of the Mayor. A permanent vacancy is filled
pursuant to the law on succession defined in Section 44 of the LGC which states the
“If a permanent vacancy occurs in the office of the governor or mayor, the vice-
governor or vice-mayor concerned shall become the governor or mayor. “
Pasyo Maagap who garnered only the second highest number of votes lost to
Gandang Bai. Applying the Labo case cited in Talaga, Maagap could not assume
office for he was only second placer despite the disqualification of the Gandang Bai
because the second placer was "not the choice of the sovereign will."60 Surely, the
Court explained, a minority or defeated candidate could not be deemed elected to
the office.61 There was to be no question that the second placer lost in the election,
was repudiated by the electorate, and could not assume the vacated position.62 No
law imposed upon and compelled the people of Lucena City to accept a loser to be
their political leader or their representative.
The only time that a second placer is allowed to take the place of a disqualified
winning candidate is when two requisites concur, namely: (a) the candidate who
obtained the highest number of votes is disqualified; and (b) the electorate was fully
aware in fact and in law of that candidate’s disqualification as to bring such
awareness within the realm of notoriety but the electorate still cast the plurality of
the votes in favor of the ineligible candidate.64 Under this sole exception, the
electorate may be said to have waived the validity and efficacy of their votes by
notoriously misapplying their franchise or throwing away their votes, in which case
the eligible candidate with the second highest number of votes may be deemed
elected.65 The facts of the case at bar did not state the existence of such exception,
thus it cannot apply in favor of Maagap simply because the second element was
absent.
SUGGESTED ANSWER: The three kinds of tests applied in equal protection cases
are:
a. Strict Scrutiny Test – requires the government to show that the challenged
classifications serve a compelling state interest and that the classification is
necessary to serve that interest. This is used in cases involving classifications
based on race, national origin, religion, alienage, denial of right to vote,
interstate migration, access to courts and other rights recognized as
fundamental
b. Immediate or middle-tier scrutiny test – requires government to show that
the challenged classification serves as an important state interest and that the
classification is at least substantially related to serving that interest. This
applies to suspect classification like gender or illegitimacy.
c. Minimum or rational basis scrutiny – according to which the government
need only to show that the challenged classification is rationally related to
serving a legitimate state interest. This is the traditional rationality test and it
applies to all subjects other than those listed above. (see Bernas
Commentary, in Ang Ladlad v. COMELEC, GR No. 190582, April 8, 2010
for the explanation)
SUGGESTED ANSWER: The Rational Basis Test should be applied to the present
case. In our jurisdiction, the Supreme Court declared that the standard of analysis
of equal protection challenges is the rational basis test. Jurisprudence has affirmed
that if a law neither burdens a fundamental right nor targets a suspect class, the
classification shall be upheld as long as it bears a rational relationship to some
legitimate end. In the case at bar, in so far as the party-list system is concerned,
GBTYA is similarly situated as all other groups which are running for a party-list
seat in Congress (Ang Ladlad v. COMELEC).
SUGGESTED ANSWER: No, the action of the governor is not proper. Under the
Constitution, it is only the President, as Executive, who is authorized to exercise
emergency powers as provided under Section 23, Article VI, as well as the calling-
out powers under Section 7, Article VII thereof. In the case at bar, the provincial
governor is not endowed with the power to call upon the state forces at his own
bidding. It is an act which is ultra vires and may not be justified by the invocation of
Section 465 of the Local Government Code (Kulayan v. Gov. Tan, GR No. 187298,
July 3, 2012).
XX.The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a
major political party which has participated in every
election since the enactment of the 1987 Constitution. It
has fielded candidates mostly for legislative district
elections. In fact, a number of its members were elected,
and are actually serving, in the House of Representatives.
In the coming 2016 elections, the PMP leadership intends
to join the party-list system.
SUGGESTED ANSWER: Yes, the PMP can join the party-list system in accordance
with the rules enunciated in Atong Paglaum v. COMELEC. Accordingly, political
parties can participate in party-list elections provided they register under the party-
list system and do not field candidates in legislative district elections. A political
party, whether major or not, that fields candidates in legislative district elections can
participate in party-list elections only through its sectoral wing that can separately
register under the party-list system. The sectoral wing is by itself an independent
sectoral party, and is linked to a political party through a coalition (Atong Paglaum
v. COMELEC, GR Nos. 203766, 203818-19, et al.)
-I-
The contents of the vault of ABC company consisting of cash and documents
were stolen. Paulyn, the treasurer of ABC, was invited by the Makati City Police
Department to shed light on the amount of cash stolen and the details of the
missing documents. Paulyn obliged and volunteered the information asked. Later,
Paulyn was charged with qualified theft together with other suspects. Paulyn
claims her rights under the Constitution and pertinent laws were blatantly
violated. The police explained that they were just gathering evidence when Paulyn
was invited for a conference and she was not a suspect at that time. Rule on her
defense. (5%)
SUGGESTED ANSWER: No, the defense of Paulyn is not valid. When she was invited
for questioning by the Makati City Police Department and she volunteered information,
she was not yet a suspect. Her constitutional rights of a person under investigation for
the commission of an offense under Section 12(1), Article III of the Constitution begins
to operate when the investigation ceases to be a general inquiry upon an unsolved
crime and begins to be aimed upon a particular suspect who has been taken into
custody and the questions tend to elicit incriminating statements. (People v. Marra, 236
SCRA 565 [1994]).
-II-
Sec. 11, Art. XII of the Constitution, provides: "No franchise, certificate or any
other form of authorization for the operation of a public utility shall be granted
except to citizens of the Philippines or to corporations or associations organized
under the laws of the Philippines at least sixty per centum of whose capital is
owned by such citizens xx x." Does the term "capital" mentioned in the cited
section refer to the total common shares only, or to the total outstanding capital
stock, or to both or "separately to each class of shares, whether common,
preferred non-voting, preferred voting or any class of shares?" Explain your
answer. (5%)
SUGGESTED ANSWER: The term “capital” mentioned in Section 11, Article XII of the
Constitution refers to the total outstanding capital stock of public utilities. The
requirement that at least sixty percent of the capital must be owned by Filipino citizens
applies separately to each class of shares, whether common, preferred, non-voting,
preferred voting, or any class of shares. Mere legal title is not enough. Full beneficial
ownership of sixty percent of the outstanding capital stock is required. (Gamboa v.
Teves, 652 SCRA 690, [2011]).
-III-
SUGGESTED ANSWER: Governor Yuri is correct. All the registered voters of the
Province of Laguna should be included in the plebiscite. The conversion of the City of
Malumanay into a highly urbanized city will adversely affect the Province of Laguna and
its residents. The territory of the Province of Laguna will be reduced. Its share in the
internal revenue allotment will be reduced, because the population and land area are
included as basis for determining its share. Once the City of Malumanay becomes a
highly urbanized city, the Province of Laguna will no longer share in the taxes collected
by the City of Malumanay. The City of Malumanay will be under the supervision of the
President instead of the Province of Laguna. Decisions of the City of Malumanay in
administrative cases involving barangay officials will no longer be appealable to the
Sanguniang Panlalawigan. The registered voters of the City of Malumanay will no
longer be entitled to vote for provincial officials. To limit the plebiscite to the voters of
the City of Malumanay would nullify the principle of majority rule. (Umali vs.
Commission on Elections, 723 SCRA 170 [2014]).
-IV-
Several concerned residents of the areas fronting Manila Bay, among them a
group of students who are minors, filed a suit against the Metro Manila
Development · Authority (MMDA), the Department of Environment and Natural
Resources (DENR), the Department of Health (DOH), the Department of
Agriculture (DA), the Department of Education (DepEd), the Department of Interior
and Local Government (DILG), and a number of other executive agencies, asking
the court to order them to perform their duties relating to the cleanup,
rehabilitation and protection of Manila Bay. The complaint alleges that the
continued neglect by defendants and their failure to prevent and abate pollution
in Manila Bay constitute a violation of the petitioners' constitutional right to life,
health and a balanced ecology.
[a] If the defendants assert that the students/petitioners who are minors do not
have locus standi to file the action, is the assertion correct? Explain your answer.
(2.5%)
[b] In its decision which attained finality, the Court ordered the defendants to
clean up, rehabilitate and sanitize Manila Bay within eighteen (18) months, and to
submit to the Court periodic reports of their accomplishment, so that the Court
can monitor and oversee the activities undertaken by the agencies in compliance
with the Court's directives. Subsequently, a resolution was issued extending the
time periods within which the agencies should comply with the directives covered
by the final decision. A view was raised that the Court's continued intervention
after the case has been decided violates the doctrine of separation of powers
considering that the government agencies all belong to the Executive Department
and are under the control of the President. Is this contention correct? Why or why
not? (2.5%)
SUGGESTED ANSWER: [A] The assertion that the students/ petitioners who are minors
have no locus standi is errorneous. Pursuant to the obligation of the State under
Section 16, Article II if the Constitution to protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and harmony of nature,
minor have standing to sue based on the concept of intergenerational responsibility
(Oposa v. Factoran, 224 SCRA 792 [1993]).
[B] The order of the Supreme Court to the defendants to clean up, rehabilitate and
sanitize Manila Bay is an exercise of judicial power, because the execution of its
decision is an integral part of its adjudicative function. Since the submission of periodic
reports is needed to fully implement the decision, the Supreme Court can issue writ of
mandamus to the Metropolitan Manila Development Authority until full compliance with
its order is shown. (Metropolitan Manila Development Authority v. Concerned
Residents of Manila Bay, 643 SCRA 90 [2011])
-V-
[a] Explain the "completeness test" and "sufficient standard test." (2.5%)
[b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests?
(2.5%)
SUGGESTED ANSWER: [A] The “completeness test means” that the law sets forth the
policy to be executed, carried out, or implemented by the delegate. (Abakada Guro
Party List v. Ermita, 469 SCRA 1 [2005]). The “sufficient standard test” means the law
lays down adequate guidelines or limitations to map out the boundaries of the authority
of the delegate and prevent the delegate from running riot. The standard must specify
the limits of the authority of the delegate, announce the legislative policy and identify
the condition under which it is to be implemented. (Abakada Guro Party List v. Ermita,
469 SCRA 1 [2005]). [B] The assailed portion of the Presidential Decree No. 910 does
no satisfy the two tests. The phrase “and for such other purposes as may be hereafter
directed by the President” gives the President unbridled discretion to determine the
purpose for which the funds will be used. An infrastructure is any basic facility needed
by society. The power to determine what kind of infrastructure to prioritize and fund is a
power to determine the purpose of the appropriation and is an undue delegation of the
power to appropriate. (Belgica v. Ochoa, Jr., 710 SCRA 1 [2013]) The assailed provision
does not fall under the principle of ejusdem generis. First, the phrase “energy resource
development and exploitation programs and projects of the government states a
singular and general class. Second, it exhausts the class it represents. (Belgica v.
Ochoa, Jr., 710 SCRA 1 [2013])
-VI-
-VII-
[b] The arrest made as a consequence of the invalid search was likewise illegal,
because an unlawful act (the search) cannot be made the basis of a lawful arrest.
(2.5%)
SUGGESTED ANSWER:
[A] The warrantless search of the motor vehicles at checkpoints should be limited to a
visual search. Its occupants should not be subjected to a body search (Aniag, Jr. v.
Commission on Elections, 237 SCRA 424 [1994]). The “stop and frisk rule” applies
when a police officer observes suspicious activity or unusual activity which may lead
him to believe that a criminal act may be afoot. The “stop and frisk” is merely a limited
protected search of outer clothing for weapons. (Luz v. People, 667 SCRA 421 [2012]).
[B] Since there was no valid warrantless search, the warrantless search was also illegal.
The unlicensed .22 caliber pistol is inadmissible in evidence. (Luz v. People, 667 SCRA
421 [2012]).
-VIII-
A law is passed intended to protect women and children from all forms of
violence. When a woman perceives an act to be an act of violence or a threat of
violence against her, she may apply for a Barangay Protection Order (BPO) to be
issued by the Barangay Chairman, which shall have the force and effect of law.
Conrado, against whom a BPO had been issued on petition of his wife, went to
court to challenge the constitutionality of the law. He raises the following
grounds:
[a] The law violates the equal protection clause, because while it extends
protection to women who may be victims of violence by their husbands, it does
not extend the same protection to husbands who may be battered by their wives.
(2.5%)
SUGGESTED ANSWER:
[A] The law does not violate the equal protection clause. It is based on substantial
distinctions. The unequal power relationship between women and men, the greater
likelihood for women than men to be victims of violence, and the widespread gender
bias and prejudice against women all make for real differences. (Garcia v. Drilon, 699
SCRA 352 [2013]).
[B] The grant of authority to the Barangay Chairman to issue a Barangay Protection
Orders is a purely executive function pursuant to his duty to enforce all laws and
ordinances and to maintain public order. (Garcia v. Drilon, 699 SCRA 352 [2013]).
-IX-
[a] If the Government does not immediately pay the amount fixed by the court as
just compensation, can Baldomero successfully demand the return of the
property to him? Explain your answer. (2.5%)
[b] If the Government paid full compensation but after two years it abandoned its
plan to build an airport on the property, can Baldomero compel the Government
to re-sell the property back to him? Explain your answer. (2.5%)
SUGGESTED ANSWER: [A] If the government does not pay Baldomero the just
compensation immediately, he cannot demand the return of the property to him.
Instead, legal interest should be paid from the time of taking of the property until actual
payment in full. (Republic v. Court of Appeals, 383 SCRA 611 [2002]).
[B] With respect to the element of public use, the expropriator should commit to use
the property for the purposes stated in the petition. If not, it is incumbent upon it to
return the property to the owner, if the owner desires to reacquire it. Otherwise, the
judgment of the expropriation will lack the element of public use. The owner will be
denied due process and the judgment will violate his right to justice. (Mactan-Cebu
Airport Authority v. Lozada, Sr., 613 SCRA 618 [2010]). If the just compensation was
not paid within 5 years from finality of judgment, the owner is entitled to recover the
property. (Republic v. Lim. 462 SCRA 265 [2005]).
-X-
-XI-
The USS Liberty, a warship of the United States (U.S.), entered Philippine
archipelagic waters on its way to Australia. Because of the negligence of the
naval officials on board, the vessel ran aground off the island of Pala wan,
damaging coral reefs and other marine resources in the area. Officials of Palawan
filed a suit for damages against the naval officials for their negligence, and
against the U.S., based on Articles 30 and 31 of the United Nations Convention on
the Law of the Sea (UNCLOS). Article 31 provides that the Flag State shall bear
international responsibility for any loss or damage to the Coastal State resulting
from noncompliance by a warship with the laws and regulations of the coastal
State concerning passage through the territorial sea. The U. S. Government
raised the defenses that: [a] The Philippine courts cannot exercise jurisdiction
over another sovereign State, including its warship and naval officials. (2.5%)
[b] The United States is not a signatory to UN CLOS and thus cannot be bound by
its provisions. (2.5%) Rule on the validity of the defenses raised by the U.S., with
reasons.
SUGGESTED ANSWER: The defenses raised by the U.S. Government are not valid. [A]
This defense relies on sovereign immunity from suit as advanced by the U.S.
Government. But the suit file by the Officials of Palawan draws its strength from Article
30 and 31 of the UN Convention on the Law of the Sea (UNCLOS). However, the U.S.
defense is defeated by the UNCLOS through the application of Article 32 which
provides: “With such exceptions as are contained in subsection A and in Articles 30
and 31, nothing in the Convention affects the immunities of warships and other
government ships operated for non-commercial purposes. [emphasis added]” In reality
the supreme relevance of Article 32 quoted above is actualized by quoting an existing
U.S. government document sourced from Dispatch Supplement, Law of the Sea
Convention: Letters of Transmittal and Submittal and Commentary, as follows: “Article
32 provides, in effect that the only rules in the Convention derogating from the
immunities of warships and government ships operated for nongovernment purposes
are those found in Articles 17-26, 30 and 31 (February 1995, Vol. 6, Supplement No. 1
p.12). [B] The U.S. Government turns to the defense that it is not bound by the
UNCLOS for the reason that it is not a State Party or a signatory. However, to be bound
by the principle, it does not have to be a party to a treaty or convention. If it has the
normative status of a customary norm of international law, it is binding on all states.
This appears to be holding of the principle of immunity of warship in question, as
upheld by the U.S. Government in the document cited above (Ibid., at p.17). It states
from the UNCLOS, thus: The Convention protects and strengthens the key principle of
sovereign immunity for warships. Although not a new concept, sovereign immunity is a
principle or of vital importance to the United States. The Convention provides for a
universally recognized formulation of this principle. Article 32 provides that, with such
exceptions as are contained in subsection A and in Articles 30 and 31 nothing in the
Convention affects the immunities of warships.
-XII-
Paragraphs c, d and f of Section 36 of Republic Act No. 9165 provide: "Sec. 36.
Authorized drug testing. xx x The following shall be subjected to undergo drug
testing: xx x c. Students of secondary and tertiary schools x x x; d. Officers and
employees of public and private offices x x x; f. All persons charged before the
prosecutor's office with a criminal offense having an imposable imprisonment of
not less than 6 years and 1 day;" Petitioners contend that the assailed portions of
Sec. 36 are unconstitutional for violating the right to privacy, the right against
unreasonable searches and seizures and the equal protection clause. Decide if
the assailed provisions are unconstitutional. (5%)
SUGGESTED ANSWER: The drug testing of students of secondary and tertiary schools
is valid. Deterring their use of drugs by random drug testing is as important as
enhancing efficient enforcement. Random drug testing of officers and employees of
public and private is justifiable. Their expectation of privacy in office is reduced. The
drug tests and results are kept confidential. Random drug testing is an effective way of
deterring drug use and is reasonable. Public officials and employees are required by
the Constitution to be accountable at all times to the people and to serve them with
utmost responsibility and efficiency. The mandatory testing of all persons charged
before the prosecutor’s office of a criminal offense punishable with imprisonment of at
least six years and one day is void. They are not randomly picked and are not beyond
suspicions. They do not consent to the procedure or waive their right to privacy. (Social
Justice Society v. Dangerous Drugs Board, 570 SCRA 410 [2008])
-XIII-
While Congress was not in session, the President appointed Antero as Secretary
of the Department of Tourism (DOT), Benito as Commissioner of the Bureau of
Immigration (BI), Clodualdo as Chairman of the Civil Service Commission (CSC),
Dexter as Chairman of the Commission on Human Rights (CHR), and Emmanuel
as Philippine Ambassador to Cameroon. The following day, all the appointees
took their oath before the President, and commenced to perform the functions of
their respective offices. [a] Characterize the appointments, whether permanent
or temporary; and whether regular or interim, with reasons. (2.5%)
[b] A civil society group, the Volunteers Against Misguided Politics (VAMP), files
suit, contesting the legality of the acts of the appointees and claiming that the
appointees should not have entered into the performance of the functions of their
respective offices, because their appointments had not yet been confirmed by the
Commission on Appointments. Is this claim of VAMP correct? Why or why not?
(2.5%)
SUGGESTED ANSWER:
[B] The claim of VAMP is not correct. The Commission of Investigation and the
Commission on Human Rights can immediately start performing their functions upon
acceptance since they are not required to be confirmed. The Secretary of the
Department of Tourism and the Chairman of the Civil Service Commission, can
immediately start performing their duties upon acceptance, since their ad interim
appointment is permanent.
-XIV-
Onofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990,
he married Salvacion, a Mexican, and together they applied for and obtained
American citizenship in 2001. In 2015, the couple and their children --Alfred, 21
years of age, Robert, 16, and Marie, 14, who were all born in the U.S. -- returned
to the Philippines on June 1, 2015. On June 15, 2015, informed that he could
reacquire Philippine citizenship without losing his American citizenship, Onofre
went home to the Philippines and took the oath of allegiance prescribed under
R.A. No. 9225. On October 28, 2015, he filed a Certificate of Candidacy to run in
the May 9, 2016 elections for the position of Congressman in his home province
of Pala wan, running against re-electionist Congressman Profundo.
[a] Did Onofre's reacquisition of Philippine citizenship benefit his wife, Salvacion,
and their minor children and confer upon them Filipino citizenship? Explain your
answer. (2.5%)
[b] Before the May 9, 2016 elections, Profundo's lawyer filed a Petition to Deny
Due Course or to Cancel the Certificate of Candidacy against Onofre. What
grounds can he raise in his Petition to support it? Explain your answer. (2.5%)
SUGGESTED ANSWER: [a] The reacquisition of the Philippine citizenship by Onofre did
not automatically make his American wife, Salvacion, a Filipino citizen. Nowhere does
Republic Act No. 9225provide that the foreign wife of a former Filipino citizen who
reacquired his Filipino citizenship will automatically become a Filipino citizen. Robert,
who is 16 years old, and Marie, who is 14 years old, also became Filipino citizens. The
unmarried children below eighteen (18) years of age, of those who reacquire Philippine
citizenship are also deemed citizen of the Philippines. (Section 4 of Republic Act No.
9225).
[b] The lawyer of Congressman Profundo can ask for the cancellation of the certificate
of candidacy on the ground that he did not execute an affidavit renouncing his
American citizenship as required by Section 5(2) of Republic Act No. 9225 and he
lacked one-year residence in the Philippines as required by Section 6, Article VI of the
Constitution.
-XV-
SUGGESTED ANSWER: The contention must be rejected. The use of the site temple
will not be limited a particular religious sect. it will be made available to all religious
sects. The temporary use of public property for religious purposes without
discrimination does not violate the Constitution. (Ignacio v. De la Cruz, 99 Phil. 346
[1956]; People v. Fernandez, 40 O.G. 1089 [1956]).
-XVI-
Jojo filed a criminal complaint against Art for theft of a backpack worth P150.00
with the Office of the City Prosecutor of Manila. The crime is punishable with
arresto mayor to prision correccional in its minimum period, or not to exceed 4
years and 2 months. The case was assigned to Prosecutor Tristan and he applied
Sec. 8(a) of Rule 112 which reads: "(a) If filed with the prosecutor. - If the
complaint is filed directly with the prosecutor involving an offense punishable by
imprisonment of less than four (4) years, two (2) months and one (1) day, the
procedure outlined in Sec. 3(a) of this Rule shall be observed. The Prosecutor
shall act on the complaint within ten (10) days from its filing." On the other hand,
Sec. 3(a) of Rule 112 provides: "(a) The complaint shall state the address of the
respondent and shall be accompanied by affidavits of the complainant and his
witnesses as well as other supporting documents to establish probable cause. x x
x" Since Sec. 8(a) authorizes the Prosecutor to decide the complaint on the basis
of the affidavits and other supporting documents submitted by the complainant,
Prosecutor Tristan did not notify Art nor require him to submit a counter- affidavit.
He proceeded to file the Information against Art with the Metropolitan Trial Court.
Art vehemently assails Sec. 8(a) of Rule 112 as unconstitutional and violative of
due process and his rights as an accused under the Constitution for he was not
informed of the complaint nor was he given the opportunity to raise his defenses
thereto before the Information was filed. Rule on the constitutionality of Sec. 8(a)
of Rule 112. Explain. (5%)
-XVII-
[a] Define the archipelagic doctrine of national territory, state its rationale; and
explain how it is implemented through the straight baseline method. (2.5%)
[b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and
Scarborough Shoal as "Regimes of Islands." Professor Agaton contends that
since the law did not enclose said islands, then the Philippines lost its sovereignty
and jurisdiction over them. Is his contention correct? Explain. (2.5%)
SUGGESTED ANSWER:
[a] By the term “archipelagic doctrine of national territory” is meant that the islands and
waters of the Philippine archipelago are unified in sovereignty, together with “all the
territories over which the Philippines has sovereignty or jurisdiction. This archipelagic
docrine, so described under Article I of the Constitution, draws its rationale from the
status of the whole archipelago in sovereignty by which under Part IV of the UNCLOS
the Philippines is defined as an Achipelagic State in Article 46, thus: (a) “Archipelagic
state” means a state constituted wholly nu one or more archipelagos and may include
other islands; (b) “Archipelago” means group of islands including parts of islands
interconnecting waters and other natural features which are so closely interrelated that
such islands waters and other natural features form an intrinsic geographic, economic
and political entity, or which historically have been regarded as such. As an
archipelagic state, the national territory is implemented by drawing its “straight
archepelgic baselines” pursuant to Article 47 of UNCLOS which prescribes among its
main elements, as follows: 1. By “joining the outermost points of the outermost islands
and drying reefs of the archipelago”, including the main islands and an area in which
the ratio of the area of the water to the land including atolls, is between 1 to 1 and 9 to
1. 2. Mainly, the length of such baselines “ shall not exceed 100 nautical miles…” 3.
“The drawing of such baselines shall not depart to any appreciable extent from the
general configuration of the archipelago.”
[b] The contention of Prof. Agaton is not correct at all. “Regime of islands” is a concept
provided in Article 121 of the UNCLOS. It is a definition of the island as “a naturally
formed area of land, surrounded by water which is above water at high tide.” On the
other hand, this provision is differentiated from “rocks” which cannot sustain human
habitation of their own. The importance of the difference between a natural island and
rock is that an island is provided with territorial sea, exclusive economic zone and
continental shelf. This is the difference by which RA 9522 introduced into the KIG and
separately Panatag or Scarborough Shoal is an island. “Regime of Islands”, has no
relevance to acquisition or loss of sovereignty. RA 9522 has the effect of possibility
dividing the area in question into island and rocks, apparently to make clear for each
the maritime zones involved in the definition of island or of rocks.
-XVIII-
Sec. 8, Article X of the 1987 Constitution provides that no elective official shall
serve for more than three (3) consecutive terms. Rule and explain briefly the
reason if the official is prohibited to run for another term in each of the following
situations:
(a) if the official is a Vice-Mayor who assumed the position of Mayor for the
unexpired term under the Local Government Code;
(b) if the official has served for three consecutive terms and did not seek a 4th
term but who won in a recall election;
(c) if the position of Mayor of a town is abolished due to conversion of the town
to a city; (d) if the official is preventively suspended during his term but was
exonerated; and (e) if the official is proclaimed as winner and assumes office
but loses in an election protest. (5%)
SUGGESTED ANSWER:
[a] In computing the three term limit, only the term for which the local official was
elected should be considered. The second sentence of Section 8, Article X of the
Constitution states that the voluntary renunciation shall not be considered as
interruption of the continuity of the service for the full term for which he was elected.
(Borja v. Commission on Elections, 295 SCRA 157 [1998]).
[b] A mayor who served three consecutive terms and did not seek a fourth term but ran
and won in the recall election can serve. Because the recall election was not an
immediate re-election. (Socrates v. Commission on Elections, 391 SCRA 547 [2002]).
[c] If the municipality in which a mayor served for three consecutive terms was
converted to a city, he cannot run as city mayor in the first election. For purposes of
applying the three term limit, the office of the municipal mayor should not be
considered as different from that of the city mayor. (Latasa v. Commission on Election,
417 SCRA 601[2003]).
[d] The temporary inability of an elective official to exercise his functions due to
preventive suspension is not an interruption of his term, because it did not involve loss
of title to the offie. (Aldovino, Jr. v. Commission on Elections, 609 SCRA 234 [2009]). [e]
If a candidate was proclaimed for three consecutive terms but did not serve it in full
because of loss in a election protest he is not disqualified. (Lonzanida v. Commission
on Elections, 311 SCRA 602 [1991]).
-XIX-
SUGGESTED ANSWER:
[a] Amelia is not administratively liable. There is no compelling state interest that
justifies inhibiting the free exercise of religious beliefs. The means used by the
government to achieve its legitimate objective is not the least intrusive means (Estrada
v. Escritor, 492 SCRA 1 [2006]).
-XX-
Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the
power to "promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts xxx." Section
23 of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 provides
that "any person charged under any provision of this Act regardless of the
imposable penalty shall not be allowed to avail of the provision on plea-
bargaining." Patricio, a user who was charged with alleged sale of shabu but who
wants to enter a plea of guilt to a charge of possession, questions the
constitutionality of Sec. 23 on the ground that Congress encroached on the rule-
making power of the Supreme Court under Sec. 5, Article VIII. He argues that
plea-bargaining is procedural in nature and is within the exclusive constitutional
power of the Court. Is Patricio correct? Explain your answer. (5%)
SUGGESTED ANSWER: Patricio is not correct. Defining the penalty for criminal offense
involves the exercise of legislative power (People v. Dacuycuy, 173 SCRA 90 [1989]).
When Section 23 of the Comprehensive Dangerous Drugs Act prohibited plea-
bargaining, Congress defined what should be the penalty for the criminal offense. The
power of the Supreme Court to promulgate rules of procedure is subject to the
limitation that it should not modify substantive rights (Section 5(5), Article VIII of the
Constitution).
I.
A priority thrust of the Administration is the change of the form of government from
unitary to federal. The change can be effected only through constitutional amendment or
revision.
(a) What are the methods of amending the Constitution? Explain briefly each
method. (3%)
(b) Cite at least three provisions of the Constitution that need to be amended or
revised to effect the change from unitary to federal, and briefly explain why? (3%)
Suggested Answers:
(iii) Section 1, Article VII which states that, "Executive powers shall be vested to
the President"; There shall be a local government as may provided by law"; In this
provision, the executive powers should reside into a Prime Minister selected from
the members of the parliament.
II.
A.
Under the doctrine of immunity from suit, the State cannot be sued without its consent.
How may the consent be given by the State? Explain your answer. (3%)
B.
The doctrine of immunity from suit in favor of the State extends to public officials in the
performance of their official duties. May such officials be sued nonetheless to prevent or to
undo their oppressive or illegal acts, or to compel them to act? Explain your answer. (3%)
C.
Suggested answers:
(A) The consent to be sued is given by the State either expressly or impliedly.
There is express consent when there is a law enacted by the Congress expressly
granting to sue the State or any of its agencies.
There is implied consent when the State enters into a private contract, unless the
contract is merely incidental to the performance of a governmental function; when
the State enters into an operation that is essentially a business operation, unless the
business operation is merely incidental to the performance of a governmental
function; or when the State sues a private party, unless the suit is entered into only to
resist a claim.
(B) Yes. Although the immunity from suit of the State can be extended to public officials
in the performance of their official functions and duties, the rule is not absolute at
all.
The suit against the government officer must be in a case in which the ultimate
liability will belong to the officer, not to the government. Public officials cannot hid
under the veil of state immunity for the acts performed in connection with official
duties where they have acted ultra vires or where there is a showing of bad faith or
grave and patent negligence. In this case, the public official may be prevented or
ordered to undo the oppressive or illegal act or compelled to perform an act which is
legal. It is not the public official per se but his performance in line with his duty
which is being compelled or prevented thru petition for mandamus or prohibition.
However, the rule does accept exemptions such as when the law creating the GOCC
provides for its suability or when it enters into a commercial contract, acts on its
proprietary capacity, sues or files a counterclaim , confiscates property in
expropriation, acts thru an agent or gives it consent to be sued.
Public International Law: Treaty: Pacta sunt servanda, Rebus sic stantibus
III.
State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After
five years, State A finds that the more progressive State B did not go to the aid of State A
when it was threatened by its strong neighbor State C. State B reasoned that it had to be
prudent and deliberate in reacting to State C because of their existing trade treaties.
(a) May State A now unilaterally withdraw from its mutual defense treaty with State
B? Explain your answer. (2.5%)
(b) What is the difference between the principles of pacta sunt servanda and rebus sic
stantibus in international law? (2.5%)
(c) Are the principles of pacta sunt servanda and rebus sic stantibus relevant in the treaty
relations between State A and State B? What about in the treaty relations between
State B and State C? Explain your answer. (2.5%)
Suggested Answers:
(a) State A cannot unilaterally withdraw from its treaty obligations under the principle of
pacta sunt servanda upon which signatory States who entered in treaty must comply
with its obligation in good faith.
However, in invoking the principle of rebus sic stantibus, State A can unilaterally
withdraw from its treaty obligation with State B, on the ground that in such
withdrawal from the treaty, State A is protecting its existence from harm.
(b) Pacta sunt servanda as generally accepted principle of international law, requires
compliance of treaty obligations of signatory states in good faith irrespective of
constrains in its enforcement, while rebus sic stantibus demands the unitary withdrawal
or severance in the enforcement of state's treaty obligations, when impossibility to
comply intervenes. Under this principle of international law, if the change in
fundamental circumstance affects a signatory state, and to comply with the treaty
provisions would seriously jeopardize its own existence, a withdrawal is allowed
because its fundamental right to exist is stronger than its duty to comply with the
treaty.
(c) Yes. State A and B who are both signatories to the Mutual Defense Treaty must
comply with their treaty agreements as it is a norm in International law applying the
principle of pacta sunt servanda.
State B is also correct in invoking the principle of rebus sic stantibus in his relationship
with State A. The principle of rebus sic stantibus can be invoked by a signatory state in
a treaty when there is a vital change in the fundamental circumstance, and said
change and circumstance will affect the signatory state that for it to continue to
comply with his treaty obligation would seriously jeopardize its own existence. Also
the change in the fundamental circumstance has not been foreseen by state B during
the time it entered into a treaty agreement with state A.
As to the relations between State b and State C, both as signatories to their trade
treaties must comply with their treaty obligations under the principle of pacta sunt
servanda. However both states cannot invoke the principle of Rebus sic stantibus since
there is no fundamental change or circumstances present that could affect or
jeopardize their existence as a sovereign state.
A.
What is the pardoning power of the President under *Art. VIII, Sec. 19 of the Constitution?
Is the exercise of the power absolute? (4%)(*Should have been Article VII)
B.
Suggested Answers:
(A) The pardoning power of the President under the 1987 Constitution includes pardon,
amnesty, commutation, reprieves, remit fines and forfeitures after conviction by final
judgment.
(B) Pardon can be granted by the President to offending criminals while amnesty may be
given to political offenders;
The former does not requires concurrence by the Congress while the latter does;
Pardon does not erase the crime committed but only the penalty and the civil liability
attached to it. Amnesty obliterates the effects of the offense hence the grantee is
cleanse from the commission of the offense;
V.
(a) What is the right of legation, and how is it undertaken between states? Explain
your answer. (2%)
(b) Under this right, may a country like Malaysia insist that the Philippines establishes
a consulate in Sabah to look after the welfare of the Filipino migrants in the area?
Explain your answer. (2%)
Suggested Answers:
(a) Right of legation, also known as the right of diplomatic intercourse, refers to the
right of the State to send and receive diplomatic missions, which enables States to
carry on friendly intercourse. It is not a natural or inherent right, but exists only by
common consent. No legal liability is incurred by the State for refusing to send or
receive diplomatic representatives. Governed by the Vienna Convention on
Diplomatic Relations (1961).
The exercise of the right of legation is one of the most effective ways of facilitating
and promoting intercourse among nations. Through the active right of sending
diplomatic representatives and the passive right of receiving them, States arew able
to deal more directly and closely with each other in the improvement of their mutual
intercourse.
(b) No. Malaysia cannot insist as it is not a natural or inherent right. The right of
legation is purely consensual. The Philippines should give its consent. No legal
liability is incurred by refusing to send or to receive a diplomatic representative.
VI.
A.
The President appoints the Vice President as his Administration's Housing Czar, a position
that requires the appointee to sit in the Cabinet. Although the appointment of the members
of the Cabinet requires confirmation by the Commission on Appointment (CA), the Office
of the President does not submit the appointment to the CA. May the Vice President validly
sit in the Cabinet? (2.5%)
Suggested Answer:
(A) Yes, as it is prescribed under Article VII, Section 3 (2) which states that “The Vice-
President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.”
Article VI, Section 25 (5): Congress’ Power of the Purse, cross-border transfers:
B.
The Executive Department has accumulated substantial savings from its appropriations.
Needing ₱3,000,000.00 for the conduct of a plebiscite for the creation of a new city but has
no funds appropriated soon by the Congress for the purpose, the COMELEC requests the
President to transfer funds from the savings of the Executive Department in order to avoid
a delay in the holding of the plebiscite.
May the President validly exercise his power under the 1987 Constitution to transfer funds
from the savings of the Executive Department, and make a cross-border transfer of
₱3,000,000.00 to the COMELEC by way of augmentation? Is your answer the same if the
transfer is treated as aid to the COMELEC? Explain your answer. (4%)
Suggested Answer:
(B) In Araullo vs Aquino (GR No. 209287, July 1, 2014), the Supreme Court (SC)
declared as unconstitutional the following act and practice under the DAP, to wit:
“The funding of Programs, Activities and Projects (PAPs) that are not covered by
any appropriation in the General Appropriations Act (GAA) since augmentation can
only be made from one existing item to another existing item into the budget.”
However, in a resolution dated February 3, 2015, the Sc partially granted the Motion
for reconsideration filed by the Office of the Solicitor General and allowed the
funding of PAPs not covered by any appropriation in the GAA.
Cross-border transfers are illegal as it was ruled in the Araullo case where the SC
declared that the cross-border transfers of the savings of the executive to augment
the appropriations of other offices outside the executive is an unconstitutional act.
.
Article VI, Sections 24 and 25: The Congress’ Power of the Purse:
VII.
Give the limitations on the power of the Congress to enact the General Appropriations Act?
Explain your answer. (5%)
Suggested Answer:
Also, the following are the limitations on the power of the Congress to enact the General
Appropriations Act set forth in the 1987Constitution:
Discretionary funds appropriated for particular officials shall be disbursed only for public
purpose to be supported by appropriate vouchers and subject to guidelines as may be
prescribed by law.
Special appropriations bill shall specify the purpose for which it is intended and shall be
supported by funds actually available as certified by the National Treasurer, or to be raised
by a corresponding revenue proposal included therein.
The Congress shall not increase the general appropriations recommended by the
President. Form, content and manner of preparation of the budget shall be prescribed by
law.
The procedure in approving the appropriations for the Congress shall strictly follow the
same procedure for approving appropriations for other departments and agencies.
Transfer of appropriations shall not be allowed but the President, Senate President,
Speaker of the House of Representatives, Chief Justice and heads of Constitutional
Commissions may be authorized to augment any item in the general appropriations law for
their respective agencies from savings in other items of their respective appropriations.
Prohibition against the use of public funds or property for sectarian purposes.
Old general appropriations act is deemed re-enacted if the Congress fails to pass a new
general appropriations bill.
All money collected on any tax levied for a special purpose shall be treated as a special
fund and paid out for such purpose only.
VIII.
A bank acquired a large tract of land as the highest bidder in the foreclosure sale of the
mortgaged assets of its borrower. It appears that the land has been originally registered
under the Torrens system in 1922 pursuant to the provisions of the Philippine Bill of 1902,
the organic act of the Philippine Islands as a colony of the USA. Sec. 21 of the Philippine
Bill of 1902 provided that "all valuable mineral deposits in public lands in the Philippine Islands, both
surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation and purchase, and
the land in which they are found to occupation and purchase, by citizens of the United States, or of said
Islands." Sec. 27 of the law declared that a holder of the mineral claim so located was entitled
to all the minerals that lie within his claim, but he could not mine outside the boundary lines
of his claim.
The 1935 Constitution expressly prohibited the alienation of natural resources except
agricultural lands. Sec. 2, Art. XII of the 1987 Constitution contains a similar prohibition,
and proclaims that all lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources are owned by the State. This provision enunciates the
Regalian Doctrine.
May the Government, on the basis of the Regalian Doctrine enunciated in the constitutional
provisions, deny the bank its right as owner to the mineral resources underneath the surface
of its property as recognized under the Philippine Bill of 1902? Explain your answer. (5%)
Suggested Answer:
No. The government may not deny the mineral right vested upon the bank.
Pursuant to the Philippine Bill of 1902, therefore, once a mining claim was made or a
mining patent was issued over a parcel of land in accordance with the relative provisions of
the Philippine Bill of 1902, such land was considered private property and no longer part of
the public domain. The claimant or patent holder was the owner of both the surface of the
land and of the minerals found underneath.
Since the 1902 Philippine Bill recognized private ownership over the minerals underneath,
the subsequent ratification of 1935 and 1987 Constitutions cannot take it away for vested
right had already set in.
IX.
A.
Ambassador Robert of State Alpha committed a very serious crime while he headed his
foreign mission in the Philippines. Is he subject to arrest by Philippine authorities? Explain
your answer. (3%)
B.
Extradition is the process pursuant to a treaty between two State parties for the surrender by
the requested State to the custody of the requesting State of a fugitive criminal residing in
the former. However, extradition depends on the application of two principles - the principle
of specialty and the dual criminality principle. Explain these principles. (4%)
C.
The President signs an agreement with his counterpart in another country involving
reciprocity in the treatment of each country's nationals residing in the other's territory.
However, he does not submit the agreement to the Senate for concurrence.
Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement shall
be valid and effective without such concurrence.
Is the agreement signed by the President effective despite the lack of Senate concurrence?
Explain your answer. (4%)
Suggested Answers:
(A) As a general rule, he is not subject to arrest. Being an Ambassador of a foreign State
he is immune from arrest and exempted from criminal prosecution by virtue of their
diplomatic immunity, which is also absolute in nature. Through their diplomatic
immunity, they are exempted from criminal prosecutions except when the very
serious crime relates to crimes against international law.
(B) In principle of specialty, a person extradited to the requesting state may be tried and
punished only for the offense for which extradition had been sought and granted.
While in principle of dual criminality, the crime subject of request for extradition
must be punishable in both the requesting state and the requested state.
(C) Yes. The agreement entered into by the President is executive agreement which
needs no concurrence of the Senate, not a treaty or international agreement as
provided in Sec. 21, Art. VII of the Constitution.
X.
A.
Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of
Representatives and the President of the Senate and the certification by the secretaries of
both Houses of Congress that the bill was passed on a certain date are conclusive on the
bill's due enactment. Assuming there is a conflict between the enrolled bill and the legislative
journal, to the effect that the enrolled bill signed by the Senate President and eventually
approved by the President turned out to be different from what the Senate actually passed as
reflected in the legislative journal.
(a) May the Senate President disregard the enrolled bill doctrine and consider his
signature as invalid and of no effect? (2.5%)
(b) May the President thereafter withdraw his signature? Explain your answer. (2.5%)
Suggested Answers:
(a) No. The enrolled bill became a law already. It has to be repealed by a subsequent law,
except when the signature was attained due to fraud or other illegal circumstances
which appears that the enrolled bill is totally different from that which was intended
as reflected in the journal.
(b) Yes, in this extra ordinary situation, the President may withdraw his signature to
avoid constitutional or legal impediment
B.
Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of
Congress shall become a law unless it has passed three readings on separate days and printed
copies of it in its final form have been distributed to the Members of the House three days
before its passage.
Suggested Answer:
(B) Yes, there is an exception to the abovementioned provision. When the President
certifies the urgency and necessity of the enactment of a bill into law to meet a public
calamity or emergency or for the advancement of the people, the (1) printing
requirement and (2) readings on separate days may be dispensed. However, this does
not guarantee that a bill will be passed. It only speeds up the procedure.
XI.
Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the Houses
of Congress, and makes each Electoral Tribunal "the sole judge of all contests relating to the
election, returns, and qualifications of their respective Members." On the other hand, Sec.
2(1), C (Commission on Elections), Art. IX of the Constitution grants to the COMELEC
the power to enforce and administer all laws and regulations "relative to the conduct of an
election, plebiscite, initiative, referendum, and recall."
Considering that there is no concurrence of jurisdiction between the Electoral Tribunals and
the COMELEC, state when the jurisdiction of the Electoral Tribunals begins, and the
COMELEC's jurisdiction ends. Explain your answer. (4%)
Suggested Answer:
The jurisdiction of the Electoral Tribunal as the sole judge of all contests relating to
the election, returns and qualifications of its members commences when the said members
have already been (1) validly proclaimed, (2) taken oath and (3) assumed office. Here, the
jurisdiction of the COMELEC as the sole judge of all contests relating to the election,
returns and qualifications also ceases.
In the absence of any of the mentioned requisites, the jurisdiction of the COMELEC
as the sole judge of all contests relating to the election, returns and qualifications continues.
XII.
The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive
foreign donations coming from abroad during national and local calamities and disasters, and
to enable the unhampered and speedy disbursements of the donations through the mere
action of its Board of Directors. Thereby, delays in the release of the donated funds
occasioned by the stringent rules of procurement would be avoided. Also, the releases would
not come under the jurisdiction of the Commission on Audit (COA).
(a) Is the law establishing Philippine Funds, Inc. constitutional? Explain your answer.
(3%)
(b) Can the Congress pass the law that would exempt the foreign grants from the
jurisdiction of the COA? Explain your answer. (3%)
Suggested Answers:
(a) No. All GOCCs should be subject to COA regardless of their incorporation. Funds
received by the government by means of any of its proprietary act, or through its
power of taxation, or through any gratuitous act shall accrue to the national treasury.
All funds accrued to the national treasury are public funds, subject to the jurisdiction
of COA. The Congress are the only governmental department vested with the power
of appropriation and such power cannot be delegated to any department or
instrumentalities of the government.
(b) No. All donations especially foreign aids/grants cannot be without the jurisdiction of
COA.
XIII.
(a) What are the elements to be established in order to hold the superior or
commander liable under the doctrine of command responsibility? (4%)
(b) May the doctrine of command responsibility apply to the President for the abuses of
the armed forces (AFP and PNP) given his unique role as the commander-in-chief of
all the armed forces? Explain your answer. (4%)
Suggested Answers:
(a) In the decided case of Saez vs Macapagal-Arroyo, , citing the decision in Noriel rodriguez
vs Macapagal-Arroyo, G.R. No. 191805, November 15, 2011, the following elements must
be established to to hold someone liable under the doctrine of command
responsibility: (i) The existence of a superior-subordinate relationship between the
accused as superior and the perpetrator of the crime as his subordinate; (ii) the
superior knew or had reason to know that the crime was about to be or had been
committed; and (iii)the superior failed to take the necessary and reasonable measures
to prevent the criminal acts or punish the perpetrators itself.
(b) Yes, the President may be held liable for the abuses made by the armed forces under
the doctrine command responsibility. It is stated in the decision held by the Supreme
Court in the case of Saez vs Macapagal-Arroyo, Gr No. 183533, Sept. 25, 2012, that
“pursuant to the doctrine of command responsibility, the President, as the
Commander-in-Chief of the AFP, can be held liable for affront against the
petitioners life, liberty and security as long as substantial evidence exist to show that
she had exhibited involvement in or can be imputed with knowledge of the
violations, or had failed to exercise necessary and reasonable diligence in conducting
the necessary investigations required under the rules.”
XIV.
To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the President
requested his friend, Pastor Roy, to devote his ministry to them. The President would pay
Pastor Roy a monthly stipend of ₱50,000.00 from his discretionary fund, and would also
erect a modest house of worship in the locality in an area of the latter's choice.
Does the President thereby violate any provisions of the Constitution? Explain your answer.
(3%)
Suggested Answer:
Yes, the President has violated the provision under Section 25(6), Article VI of the
Constitution under which, it provides that discretionary funds appropriated for particular
officials shall be disbursed only for public purpose. The act of the President in relation to his
discretionary funds id an act of spending for his personal benefit which is contrary to public
interest.
Also, the President also violated the provision under Section 29 (2), Article VI of the
Constitution which states that “No public money or property shall be appropriated, applied,
paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest, preacher, minister,
or other religious teacher, or dignitary as such, except when such priest, preacher, minister,
or dignitary is assigned to the armed forces, or to any penal institution, or government
orphanage or leprosarium. ”
XV.
A.
According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal autonomy.
What does the term fiscal autonomy signify? Explain your answer. (3%)
B.
May a complaint for disbarment against the Ombudsman prosper during her incumbency?
Explain your answer. (3%)
C.
Sec. 3, Art. XI of the Constitution states that "[n]o impeachment proceedings shall be
initiated against the same official more than once within a period of one year."
Suggested Answers:
(A) Fiscal autonomy signifies the independence of judiciary to utilize the funds allocated
therein. It refers to the independence of a branch of government to utilize the funds
allocated to it in order to attain its governmental objective.
Fiscal autonomy means that the approved annual appropriations of the Judiciary
shall be released automatically without imposing any condition before releasing the
funds.
Furthermore, in the case of the Judiciary, the Congress is prohibited from reducing
the appropriations below the amount appropriated for them for the previous year.
(B) No. The Ombudsman is immune from suits. The Ombudsman should be ousted
first through impeachment to remove the immunity and only then the disbarment
case will go through.
For the disbarment case to prosper, the Ombudsman must first be removed from
office via impeachment. (Ombudsman vs. CA and Mojica, G.R. No. 146486. March 4,
2005)
(C) It is held in the case of Francisco vs House of Representatives 415 SCRA 44; G.R. No.
160261; 10 Nov 2003, that an impeachment complaint is initiated when a verified
complaint is filed and referred to the Committee on Justice for action.
-NOTHING FOLLOWS-