1. Federal Paramountcy Doctrine? Is it applicable in the PH?

A: The Federal Paramountcy Doctrine is a constitutional law doctrine followed in federal states such as
USA and Canada which gives priority to the application of a federal statute if it is in conflict with a
provincial statute.

Not applicable in the Philippines because the PH has NOT adopted a federal form of government. The PH
adopts ideas of decentralization and local autonomy as state principles.

2. Is the Province of Palawan entitled to its 40% equitable share in the Malampaya fund (80kms
afar from Palawan) pursuant to LGC?

A: No. Malampaya oil is outside the territorial jurisdiction of the Province of Palawan since the territorial
jurisdiction of provinces is limited only to their land area, including 15KM municipal waters from such
land area. Malampaya is 80kms away from the land area of the Palawan.

3. Unitary-presidential to Federal government. May it be validly effected through:

a. Petition signed by 12% total numbers of registered voters?

A: No. People’s Initiative on the Constitution NOT allowed if REVISION.

b. An EO by the President creating a Constitutional Commission to that effect?

A: No. A CONCOM is not among the ways of proposing amendments or revision of the Constitution.
BESIDES, the President may not directly propose amendments or revision to the Constitution.

c. ¾ votes of all the Senators and Congressmen?

A: Yes. Congress may do so acting as a constituent assembly.

d. A Constitutional Convention called by Congress?

A: Yes.
4.

A: NO. The UNCLOS III has nothing to do with the acquisition or loss of territory. It is only a treaty for the
sea-use rights over (maritime zones, waters, continguous zone, EEZ, and continental shelves) that
UNCLOS III delimits.

While the baselines law of RA 9522 pertains only to work-out and draw the basepoints and baselines of
their coasts and to measure their breadth.

Thus, the baselines law of RA 9522 are nothing statutory mechanisms of the UNCLOS III State-parties to
delimit their maritime zones and continental shelves.

5. A US military vessel rammed our Tubattaha reefs. Will Writ of Kalikasan filed with SC named
against the captain prosper?

A: No. Petition shall be dismissed due to Lack of Jurisdiction for it will violate the Principle of Sovereign
Equality of all States and Doctrine of Immunity from Suit. The vessel controlled by the Captain is an
extension of the US, thus, such petition is equivalent to a suit against the US.

6. When does life begin?

A: Life begins at fertilization, the moment the sperm meets the egg cell and a zygote is produced. That
zygote already has life.

The argument that life begins at implantation (in case of insemination) is not backed by medical
research/science.

7. What principles animates the Philippines’ National Population program?

A: “Princple of no-abortion” and Principle of non-coercion” as guaranteed by the Constitution on

protection of life and religious freedom.

8. Dept. of Energy Secretary signed Service agreement between PH govt. and Japanese
petroleum corporation. Human beings as stewards of nature case
 - (PROCEDURAL Issue) Are resident marine mammals proper parties to file a petition in court?

A: Yes. The SC allowed the petition to prosper under Citizen’s Suit, any citizen of the Philippines may
petition for the enforcement of environmental laws.

- (SUBSTANTIVE Issue) Was the service agreement signed by the Dept. of Energy Secretary valid
as a member of the cabinet on behalf of the Philippines valid pursuant to DOCTRINE OF
QUALIFIED POLITICAL AGENCY?

A: No. Such agreement must be signed by the President himself. The doctrine cannot be invoked
especially what is involved are national resources of the country which is part of our national patrimony.

9. A student was allowed to graduate and was conferred her degree, however, it was found
thereafter that she committed plagiarism in her thesis. Her degree was revoked. Was the
revocation valid?

A: Yes. The Academic Freedom of an educational institution can decide who can and cannot study in it,
and determine who to give honors/distinction. However, if there is fraud, the university may revoke
what is conferred. Graduation does not terminate this Freedom.

- What is Academic Freedom? What are essential freedoms in the term Academic Freedom of
Institutions of Higher Learning?

A: The right of the school to decide for itself, its aim and objectives, freedom from outside coercion or
interference, if it overrides public welfare. Including autonomy in the choice of students.

Essential Academic Freedoms in Institutions of Higher Learning: Who may teach, WHAT may be taught,
HOW it shall be taught, and WHO may be admitted.

10. What is the Bicameral Conference Committee? Nature of its function?

A: A mechanism for ‘compromising’ differences between the Senate and House of Representatives

Nature of its fuction: it can produce unexpected results – results that may go beyond its mandate

11. Why was the Pork-barrel declared unconstitutional?

A:

1st - PDAF violates the Principle of Seperation of Powers

The Congress’ function ends upon enactment of GAA. The implementation of the budget belongs to the
Executive branch.

2nd - violates the Principle of Non-Delegability of Legislative Powers

3rd – Denies the President’s item veto

4th – PDAF impaired public accountability

5th – PDAF subverted genuine local autonomy

 12. What is the Power of Augmentation? Who may exercise it? Requisites to exercise it?

A: Once the GAA has been passed, no law shall be allowed to transfer its appropriataion. The exception
is the Power of Augmentation. Only the President, Senate President, Speaker of HoR, SC Chief Justice,
and Constitutional Commissions may exercise this.

Requisites:

1st – Law authorizing them

2nd – Funds to be used must come from their respective savings (there are only savings after completion
of projects or after the end of the fiscal year)

3rd- No Cross-Border transfer of funds (Doctrine of Seperation of Powers)

13. Was the Power of Augmentation validly exercisd in the DAP?

A: No. It violated all the requisites above.

14. A person refused to attend/cooperate in an inquiry in aid of legislation by Congress. He was

cited in contempt How long may he be imprisoned?

A: Until the inquiry is terminated.

- When is it terminated?

A: Upon approval/disapproval of the Committee Report or last adjournment of Congress.

15. May the President exercise emergency power motu proprio to address the worsening traffic
situation in the country? Requisites to validly delegate this power to the President?

A: No. The president cannot. Emergency power is merely a delegated power from Congress.

Requisites to validly delegate:

1. War or national emergency

2. Delegation must be for a limited period only
3. Subject to restrictions prescribed by Congress
4. Pursuant to a declared National Policy

16. How do we explain the difference of the three powers of the President?

A: These 3 Powers all involves the direct curtailment and suppression of individual freedoms and
liberties, their difference are:

Martial Law and Suspension of Writ of Habeas Corpus – greater power of the President which
necessitates safeguard by the Congress and review of the SC.

Calling-out – lesser and more benign power of the President

17.
a. Malacanang contends that the EDCA does not require concurrence from the Senate since it is
an executive agreement
A: Yes. The EDCA merely seeks to implement earlier treaties entered by the country with the US, such
earlier treaties were the 1951 Mutual Defense Treaty and 1998 VFA, which were duly concurred in the
Senate during those times.

b. Is an Executive Agreement an equally binding international obligation?

A: International law makes no distinction between a treaty and an executive agreement, they are
equally binding international obligations.

18. Was Erap, CJ Corona, and CJ Sereno impeached? Were they all removed by impeachment?

A: Erap and CJ Corona were impeached since there was an impeachment trial. CJ Sereno was not
impeached, she was removed by quo warranto proceeding.

Erap – impeachment trial declared functus officio, prosecutors walked out of the impeachment trial.
Court later held he resigned

CJ Corona – removed by impeachment

CJ Sereno – not removed by impeachment but by quo warranto

19. What provisions in the Bill of Rights are governed by the Exclusionary Rule of Evidence?

A:

Section 2 – Right Against Unreasonable Search and Seizures

Section 3 – Right to Privacy of Communication and Correspondence

Section 12 – The Custodial Investigation rights

Section 17 – Right against Self-Incrimination

20. Aerial spraying of pesticides were prohibited in Davao City pursuant to its ordinance because
the residents invoked their right to health and to have a balanced and healthful ecology. The
Ordinance required that they switch to non-aerial spraying of pesticides withi 3-MONTHS. The
Banana planters said the spraying was required to save their crops. The ordinance also
requires the planters to plant a different crop besides from the traditional crops they grow.
Was the ordinance valid?

A: No.

1st - No. It violated the Due Process clause.

The ordinance cannot be reasonably be complied with in a short period of 3 months which constitutes
as an oppressive abuse of police power since they are subjected to penalty, fine, imprisonment, and
cancellation of business permits

2nd - No. It violated Equal Protection clause.

The ordinance is underinclusive and overinclusive, it discriminates against large farmholdings since it
deprives them the use of efficient and cost-effective measures
3rd – No. Ultra Vires act on the part of Davao City.

21. Explain “Void-for-Vagueness” and “Doctrine of Overbreadth”

A:

Void-for-Vagueness

- Lacks comprehensible standards that men of ordinary intelligence will probably guess as to its
meaning and application. To invoke this doctrine, the act must be utterly vague on its face that
it cannot be clarified by a statutory construction or saving clause.

Doctrine of Overbreadth

- A governmental purpose to regulate an activity which may not be achieved since it

unnecessarily sweeps and invade Constitutionally protected freedoms of expression, religion,
and other fundamental rights.
22. What are “Content-based” restrictions on free speech, as distinguished from “content-
neutral” regulations? Is the Public Assembly Act (BP 880) a “content-based”

A:

Content-based

- Restriction on the speech itself, or the contents of the speech. It is here where clear-and-
present test is applied.

Content-neutral

- Restrictions not on the speech itself but on the incidents of the speech, such as the manner,
time, and place of the speech. Deferential approach is required and not clear-and-present test.

The Public Assembly Act (BP 880) is a content-neutral regulation as it does not totally prohibit the
holding of rallies, it merely regulates them.

23.