CERTIFIED TRUS: enp ) ATENEO DE MANILA UNIVERSITY SCHOOL OF LAW CONSTITUTIONAL LAW (1.4 18,16,10, 116 Spel Css), FINAL EXAMINATION ABAD-GAMO/CANDELARIA/INGLES/WILWAYCO, 10.00¢2038/1"Sem.208-19 000m 5:00) INSTRUCTIONS: This examination consists of FOUR PARTS. Please write the answer on your booklet. Write legibly and answer every question sequentially in the order it is asked. Please return the questionnaire, PART: Zombie University ("Zombie Uni") is 2 nonstock nonprofit educational institution ‘established by Liv Moore and Major Lilywhite for highly functional and law-abiding zombies. Moore is a natural-born Filipina who had previously been granted citizenship by the Republic of Zombianda but subsequently reacquired her citizenship through Republic Act 19225. she dreams of being the first Filipina zombie President. Lilywhite was American but became a naturalized Filipino after falling in love with Moore. He someday wants to run, for a local elective position. Moore and Lilywhite were engaged once, but had to change their Facebook relationship status to “oh my it's super complicated!” because Moore became a zombie after a boat party and had to put their engagement on hiatus. Moore has since avoided titas living in Rockwell who would constantly ask her when she was ‘getting married. Zombie Uni occupies 2 100-hectare tract of private land in Diiman—right where a certain University used to be before said university valiantly fought in but lost the Battle of Katipunan and transferred somewhere else. The campus is beautiful, modern, and clean. It also serves as a safe haven’ for zombies who just wish to live and learn in peace. Unbeknownst to the public, Moore and Lilywhite chose the Diliman site because there fare huge and considerable amounts of maroontears, a trace mineral that could be possibly the cure to the zombie virus. Fis umored that the trace mineral was formed from the tears of students of the previous university after decades of losing in basketball. n their service contract negotiations with ‘an Australian company that wants to extract these minerals, Moore and Lilywhite—taking the high road as always—constantly dispel the rumors, claiming maroonteors were actually made from happy tears of students and alumni after watching the successful basketball season. The campus has three main buildings: the Ravi, the Babineaux, and the DeBeers. The Ravi fs devoted to classrooms and laboratories which are used by students, The Babineaux is a S-storey building, the first floor of which is eceupied by administrative and teachers’ offices and the two upper floors devoted to the Peyton Charles Library. The Peyton Charles brary holds an extensive collection of books and resources that the faculty and students can use free of charge in pursuing their academic interests, The DeBeers isa vast ‘and flat building with five wings, similar to the Pentagon.cromicien tor enpy ‘The first two wings of the DeBeers building are rented out to Add-Vertising, Inc, an advertising company which has crafted a nifty niche in using mathematics in its ads. Rob ‘Thomas, an American rock star, owns 35% of Add-vertising, Inc's capital but leaves its management to his Filipino partner Anghirap Ng Testnato. Add-vertising, Inc. pays zombie Uni an annual rent of P1,000,000, which iZombie Uni uses for teachers’ salaries and student scholarships ‘The last three wings of DeBeers are occupied by the embassy of the Republic of Zombianda, a country located In Africa and the first ever sovereign republic run by zombies. Zombie Uni allows the Republic of Zomblanda free use ofits occupied portion of the DeBeers building because of an existing partnership between the two to find the cure. Despite the protests of human-centric bigots against the presence the Republic of Zombianda in the country, the Department of Foreign Affairs (DFA) has stated that ft has formally recognized the Republic. ‘Another target of these protests has been the school-owned library in the Babineaux which was named after Peyton Charles, a living legend in zombie lore. Charles was a Zombianda citizen and Fiipino-speaking lawyer licensed to practice in Zombianda. While she did not practice law in the Philippines because of foreign restrictions on certain professions, she did practice her detective skills as an undercover agent for Zombianda. Zombianda sent Charles, with the consent of the Philippine government, to investigate numerous zombie-related murders in the Philippines. ‘With the help of the local police, she has helped arrest 100 people suspected of killing zombies. None of these suspects were killed, even if they resisted arrest or were under the influence of drugs. Whenever a local police officer would attempt to harm these suspects, Charles would slap the officer on the head and say, “Oh nanlaban din ako. Sige ‘nga. Patayin mo rin nga ako. impunity my ass. You're not immune.” Reports state that all 100 suspects have been validly convicted in a court of law. However, in a recent interview with the Palladium, Charles went on record and said, “All ut one. Until today, I regret that one. The one that got away.” ‘Answer the following questions. He nuanced and concise. Answers should not exceed five lines. Maximum of two answers to one page of your blue book. Each infraction shall merit 2 2-point deduction. (5 points each; 25 points total) 1, The City Government of Quezon City wishes to impose real property tax on the Ravi, the Babineaux, and the DeBeers. iZombie University refuses to pay. Decide 2. The Bureau of Internal Revenue wishes to Impose income tax on iZombie University ‘Zombie University refuses to pay. Decide. 3. The Securities and Exchange Commission (SEC) has questioned the validity of Add. Vertising, inc. Rob Thomas and Anghirap Ng Testnato disagree with the SEC. Decide, 4. The one that got away was Mr. Boss, a suspected zombie murderer. Mr. Boss was later acquitted and filed a civil case for damages against Charles. Charles claims she isimmune as a diplomat. Decide. 52" Rick Grimes, an avowed and whiny zombie hater, has questioned the statement of fo_tn the Chur api Lis mt valid. 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Under Section 10 of the agreement, “if a dispute cannot be settled amicably within 90 days, the dispute shall be settled with finatity by an erbitrage tribunal under the UNCITRAL Arbitration Rules.” Prof Ron Gutierrez, an environmental law professor, contends that the agreement is unconstitutional for non-compliance with the constitutional requi Tubbataha Reefs) is at the center of the exploration area. He wroie a letter request nents and in violation of the to the the DOE to a balanced and healthful ecology considering that 2 marine sanctuary (simi Secretary, the NEDA Director-General and the TWGE to provide him with the relevant documenis, records, reports, studies, papers and correspondence forming part of the hases for entering into the agreement” The DOE, sensing the probability of a major protest from various zens’ groups decided to terminate the agreement, thus trig jcring the arbitration clause application. During the ad Ace arbitral tribunal hearing, the same set of information requested by Prof. Gutierrez was the subject of a subpoena duces tecum through the court upon request of British Petroleum: a) How wor (S points) b) May a writ of mandamus lie ageins: DOS, NEDA and the TWGE in regard to the production of the requested documents and other information related to the entry into the agreement? Explain your answer. (5 points) you rule on the consiitutionality of the agreement? Explain your answer. Mu RA. No. 111516 (An Act Enhancing the Economic and Traffic Decongestion and Enforcement Powers of the President) was passed in order to address the impact of the worsening traffic situations in key cities of the Philippines. The Committee on Public Order emphasized the urgency of this law in lig growth has been stiffled by the slow movement of goods across the urban centers; ineff ht of statistical surveys and studies showing that accelerated economic ent delivery of services due to traffic; increased poltution due to smoke-belching; and high incidence of traffic-related violence. The following powers and measures have been laid down to reinforce :g powers of the President: 4) Vehicles seen parked for more than four (4) hours in primary and secondary routes within each city shall be clumped, towed and kept in towage areas outside the city. A fee of P10,000 per day shall be charged for every vehicle kept in the towage areas. ‘The fees shall be placed in a trust fund for use in environmental studies b) Selected malls in strategic locations at the peripheries of the cities shall serve as major terminal points for provincial buses to prevent their entry into city centers, Considering the incremental economic benefit on the malls, no rental fees shall be charged by the mall owners for the establishment of these terminals in designated parking areas within the malls, Page! Bbc) BOT projects subject of existing treaties with international economic institutions (¢.g. IBRD) shall be exempt from bidding rules under existing laws for a more speedy delivery of MRT/LRT transport service to commuters. d) The Secretary of National Defense is authorized to call out the AFP \o prevent or suppress lawless violence wiggered by undisciplined drivers and traffic-related altercations (e.g. shooting by irate drivers and commuters). Decide on the constitutionality of each power/measure (a-d). (2.5 points each) am. ‘The Legal Education Board was created by law to regulate law schools around the country, including admission process and curriculum development. It is the purpose of the law to ensure competent, globally competitive and ethical candidates for the admission to the practice of faw. As part cf AY 2017-2018 legal education reforin measures, the LEB issued 4 memorandum which will require aspirants for a law career to take the Philippine Law Schoo! Admission Test (PhIISAT). To qualify to take the PhiISAT, the aspirant must mert the following requirements: a.) Graduated with a bachelor's degree, or is expecting 19 graduate with a bachelor’s degree at the end of the regular semester immediately preceding the school year when he/zhe intends o commence the study of the basic law course, and. b.) Had obtained a general weighted average not below 2.50 or 80% in ihe bachelor’s degree earned, or if a graduatin;; student has a general average of no less than 80% from the 1" up to third year of his/her study. Are the requirements constitutional? Decide with reasons. (5 points) WwW. While President Duterte concentrated on his all-out War on Drugs, another threat to national security was simmering under the radar, The threat came in the form of an underground national movement called Rebellious Or Raging Youth (RORY for short). RORY had a huge armed following in every province, highly urbanized city, component city, chartered city, and municipality. RORY’s main purpose was to establish its own autonomous region in Palawan called Stars Hollow where people could read books and drink coffee ali day long without having. to pay taxes. To do this, it planned an orchestrated attack that will kill the President, the Vice- President, the Senate President, and the Speaker of the House in a spectacular bombing during, the President's State of the Nation Address (SONA). The plan was called Justice & Equality for Selfless Service (JESS). Plan JESS hinged on RORY’s leadership knowing that the law does not provide for such power vacuum in the Philippine government. ‘With all of them dead, we can swoop down like a fierce but fashionable eagle, as leaders of this great nation and carve our own autonomous region in Palawan,” said Lorelai Gilmore Santos in a rousing speech in a RORY assembly. Lorelai was a foundling bom in Hoilo in 1964 and was chosen by RORY’s members to be both the acting president of the Philippines after the attach and the governor of Stars Hollow. JESS, however, failed terribly. The time bomb RORY planted went off the day before the SONA. It killed a RORY member—a privileged elitist named Logan Hans Burger who was previously granted a conditional pardon by President Duterte, Congress survived and funetioned as if nothing happened. Sage 2 iUndaunted and stubborn, Lorelai called all RORY members to attack government installations and soft targets. And they did, hitting malls and government offices all around the Philippines, ‘The rebellion had begun Leaming of RORY and the failure that was JESS, President Duterte—without the approval of Congress—called on the military to stop RORY. In a TV press conference, he said, “by the powers vested in me by this Constitution, I now declare the entire Philippines under Martial Law. It will remain under Martial Law for as long as it takes to destroy RORY.” To aid his effort to quell the rebellion and stifle RORY’s supply lines, he temporarily took over electricity companies, public transportation franchises, weapons manufacturing factories, and media companies. To prevent the spread of RORY propaganda and fake news, he also took over social media companies, placing them under the command of his trusty adviser, Vanilla Udaughter. President Duterte also issued P.P. 143-20 that mandated that anyone who commits a crime will be tried by miiitary cours, Finally, he declared a blanket suspension of the privilege of the writ of habeas corpus. To help with the rebellion, President Putin and President Xi Jinping offered President Duterte highly wained undercover Russian and Chinese agents to hunt down RORY's ieaders and members. “Isama mo na yung mga hunar: rights activists,” said President Duterte, accepting the offers of his BFFs. “As a sign of my gratitude, I will allow your agents to own lots ia Bel-Air and Urdaneta Village, One lot for every RORY member killed. If they don't want the lots, Pll aliow them to own condominiuni units in any ef the swanky Rockwell buildings. Pere joke lang yung sa human rights activists ha. Dox't misinterpret me again, media!” Mariah Curry Sharapova was one of tiese Russian agents. Under the cloak of immunity, she managed to behead sixteen RORY members in a vodka-fueled rampage in Cavite. President Duterte expressed his utmost gratitde to Sharapova and ordered Congress 10 grant her citizenship, The Senate duly complied and initiated a bill granting Sharapova Philippine citizenship. The House agreed. President Duterte signed it into law in a secret meeting Malacanang. (Twenty years later, in an ironic twist of events and under a campaign of historical revisionism, Lorelai ard Sharapova ran for President and Vice President, respectively, and won.) Luke Danes, a plaid-wearing Filipino who owns a diner in Ortigas unaffected by RORY’s rebellion or by President Duterte’s take-over of companies, comes to the Supreme Court to question the declaration of Martial Law ‘You are a Supreme Court justice, appointed under the controversial aegis of de Castro v. JBC. Rule on the following, Be nuanced in your ruling of each and remember to provide Constitutional reasons. (25 points total) a) President Duterte calling out the military to stop RORY; (2 points) >) Luke Danes’ iegal standing to question the declaration of Martial Law; (2 points) ©) President Duterte's declaration of Martial Law, (4 points) 4} President Duterte’s takeover of companies; G points) ©) President Dutente’s P.P. 143-20; (2 points) 1) The suspension of the privilege of the writ of habeas corpus, (4 points) 8) President Duterte’s offer to Russian and Chinese agents; (4 points) and h) The law granting Sharapova Philippine citizenship. (3 points) ve hile Congress was not in session, the President appointed Anselmo as Acting Secretary of the Department of Information and Communications Technology, Benhur as Commissioner of the Bureau of Internal Revenue, Claudio as a Commissioner of theDoroteo as a regular member of the Judicial and Bar Council, and Emilio as Philippine ‘Ambassador to the Netherlands. Thereafter, the appointees took their oath before the President and proceeded to perform the functions of their respective offices. ‘Two months after the foregoing appointments were made, Congress began its regular session and asked the President to submit such appointments to the Commission on Appointments for confirmation. The President refused to do so arguing that inasmuch as such appointments wee made while Congress was not in session, the said appointments are already permanent, Decide with reasons. (5 points) vi Varys ran for and was duly elected as the mayor of tie component city of Khaldrogo for the years 2001-2004, 2004-2007, 2007-2010. In the 2010 elections, Varys ran as mayor, but lost to his opponent, Jon, Sometime in 2012, a recall election was held in Khaldrogo. Varys won in the recall election, In the same year, Congress enacted a law which converted the component city of Khaldrogo into a highly urbanized city The law was thereafter ratified in a plebiscite held in the political units directly affected by such conversion (a) __ Varys filed his cerificate of candidacy as mayor of the now highly urbanized city of Khaldrogo for the 2013 local elections. Jon contends that Varys is not qualified to run and cannot be voted for as city mayor of Khaldrogo. Decide with reasous. (2.5 points) (&) __ If the law converting the component city of Khaldrogo into a highly urbanized city provided that all local elected officials of the said city shall hold-over their positions until its local officials shal! have been ele=ted and the law further provided that the local elections for the officials of the city of Khaldrogo shall be held on the second Monday of May in 2014, would such provisions be constitutional? Decide with reasons. (2.5 points) vu. (a) __ Four cases of rotary drill parts were shipped from abroad sometime in November 2015, consigned to Sailor Moon Services, Manila. The shipment arrived at the Port of Manila on April 10, 2016, and was discharzed to the custody of the Customs Arrastre Service, the unit of the Bureau of Customs then handling arrastre operations therein. The Customs Arrastre Service later delivered to the broker of the consignee three cases only of the shipmient, Sailor Moon Services, Manila thereafter filed suit in the against the Customs Arrastre Service and the Bureau of Customs to recover the value of the undelivered case in the amount of 150,000.00 plus other damages. Will Sailor Moon Services, Manila’ suit prosper? Decide with reasons. (5 points) (©) Bellatrix was elected to the Senate for a term beginning 2007 and ending in 2013 Bellawrix ran for re-election in the subsequent national elections and won, While Bellatrix was a Senator, the Congress enacted the Data Privacy Act in 2012 in recognition of the vital roie of information and communications technology in nation-building and the State's inherent obligation to ensure that personal infurmstion aad communications systems in the government and in the private sector are secured and protected ‘The Data Privacy Act created the National Privacy Commission which is primarily responsible for administering and implementing the provisions of the Data Privacy Act, and monitoring and ensuring compliance of the county with international standards set for data protection. The National Privacy Commission is headed by a Privacy Commissioner and two Deputy Privacy Commissioners. (The President appointed Bellatrix sometime in January 2015 as one of the Deputy Privacy Commissioners. Rule on the validity of such appointment and the consequences of the same, if any. (2.5 points) Page ¢ he 6