Political Law

1. Differentiate inquiries in aid of legislation and question hour.

2. At about 5:30 A.M. of September 15, 2019 Police Senior Inspector Officer A of the
Manila Police District Station received a text message from an unidentified
civilian informer that one Mr. Z would be meeting up later that morning with
two (2) potential sellers of drugs at a nearby restaurant. As such, Officer A
decided to hang around the said place immediately.

At about 9:15 A.M., two (2) male passengers. Named A and Y, who were each
carrying a traveling bag, alighted from a bus in front of the restaurant. A
transport barker, serving as a lookout for Officer A, signaled to the latter that X
and Y were "suspicious-looking."

As the two were about to enter the restaurant, Officer A stopped them and asked
about the contents of their bags. Dissatisfied with their response that the bags
contained only clothes, Officer A proceeded to search the bags and found packs
of shabu therein. Thus, X and Y were arrested, and the drugs were seized from
them. According to Officer A, a warrantless search was validly made pursuant to
the stop and frisk rule; hence, the consequent seizure of the drugs was likewise
valid.

(a) What is the stop and frisk rule?

(b) Was the stop and frisk rule validly invoked by Officer A? If not,
what is the effect on the drugs seized as evidence? Explain.

3. President Alfredo died during his third year in office. In accordance with the
Constitution, Vice President Anastasia succeeded him. President Anastasia then
nominated the late President Alfredo's Executive Secretary, Anna Maria, as her
replacement as Vice President. The nomination was confirmed by a majority of
all the Members of the House of Representatives and the Senate, voting
separately.

(a) Is Anna Maria's assumption as Vice President valid?

(b) Can Anastasia run as President in the next election?

4. 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.

5. Define Dual Criminality Principle.

Labor Law

1. What is the control test in determining the existence of an employer-

employee?
2. What is the difference between resignation and constructive dismissal? 
3. Workers of Armor Steel Plates, Inc., one of the country's bigger manufacturers of
steel plates staged a strike within the compound of the company. After three
days,   the Secretary of Labor assumed jurisdiction Pursuant to his power under
Sec. 278(g) (263(g)) of the Labor Code alleging that Armor Steel Plates is a
business which involves national interest. Is The Secretary of Labor correct?

4. Ms. F, a sales assistant, is one of the eight (8) workers regularly employed by
ABC Convenience Store. She was required to report on December 25 and 30.

Should ABC Convenience Store pay her holiday pay? Explain.

5. W Gas Corp. is engaged in the manufacture and distribution to the general

public of various petroleum products. On January 1, 2010, W Gas Corp. entered
into a Service Agreement with Q Manpower Co., whereby the latter undertook to
provide utility workers for the maintenance of the former’s manufacturing plant.
Although the workers were hired by q Manpower Co., they used the equipment
owed by W gas Corp. in performing their tasks, and were likewise subject to
constant checking based on W gas Corp.’s procedures.

On February 1, 2010, Mr. R, one of the utility workers, was dismissed from
employment in line with the termination of the Service Agreement between W
Gas Corp. and Q Manpower Co. Thus, Mr. R filed a complaint for illegal
dismissal against W Gas Corp., claiming that Q Manpower Co. is only a labor-
only contractor. In the course of the proceedings, W Gas Corp. presented no
evidence to prove Q manpower Co.’s capitalization.

Will Mr. R’s complaint for illegal dismissal against W Gas Corp. prosper?
Explain.