Professional Documents
Culture Documents
Do you agree with the Mayor? What rights of the Answer: Inasmuch as the ground is lack of
accused are involved? (Focus on the civil rights of qualification, a quo warranto proceeding can be filed.
the accused, and balance them with the The Regional Trial Court has jurisdiction over the
prerogatives of the executive. Always answer case.
briefly but completely).
20. An impeachment complaint was filed against a
Answer: The Mayor is wrong. There are no Supreme Court Justice on September 5, 2018 on
circumstances to justify the use of executive power by ground of culpable violation of the Constitution,
the Mayor to curb graft and corruption. The basic bribery, graft and corruption. The impeachment
rights of the accused must prevail, namely: the right complaint was dismissed on ground that it was it
to be presumed innocent, and the right against cruel was not sufficient in form and substance.
and inhuman punishment.
On February 25, 2019, another complaint was filed
17. Can the right to travel be curtailed? against the Supreme Court Justice, this time
alleging high crimes and betrayal of public trust,
Answer: Yes. When a person is an accused in a and based on newly discovered evidence.
criminal case, the court may issue a hold departure
order against him. a. Where, and by whom, is an impeachment
complaint filed?
The right to travel may be curtailed by the state for b. Is the filing of the 2nd complaint based on
extreme causes like to protect public health and different grounds and on newly discovered
safety. evidence valid?
30. A parcel of land is being expropriated by the 32. In an administrative proceeding before the DENR
National Housing Authority for the development of to determine whether Farmer 101, an awardee of a
low cost housing for the employees of the land grant, committed fraud in his application for
government. It however appears that once such grant, the hearing officer declared the grant
successfully expropriated, the NHA would assign invalid and subject to recall. The evidence of the
to a private contractor the construction and fraud was singularly the testimony of the
implementation of the project under which the complainant that contrary to the declaration of
contractor may sell to the ultimate beneficiaries the Farmer 101 in his application, Farmer 101 never
developed house and lot packages. The construction tilled nor possessed the land subject of the grant.
company will then have the right to the proceeds
and profits of the sales. Farmer 101 now says that the decision of the
DENR must be overturned because the evidence is
The owner of the land opposes the expropriation on insufficient to establish his guilt beyond reasonable
ground that the use of the property is not for a doubt, and that therefore the recall of his patent is a
public purpose but for a commercial purpose that denial of his right to due process.
will benefit the private construction company. Rule
on the opposition. a. To which body or tribunal should Farmer 101
appeal the DENR decision?
Answer: b. Rule on the issue of denial of due process.
It has been held that in the situation above, the
purpose for the taking of the land remains public in Answer:
character. The fact that the government contracts out a. Farmer 101 can appeal the DENR decision, first,
the development of the project, which is within its to the Office of the President, then, to the Court
power to do, does not negate the fact that the of Appeals.
development is for the benefit of the employees of b. There is here no denial of due process. In an
the government that justifies expropriation. administrative quasi-judicial proceeding, only
substantial evidence is required, or that
31. The Sangguniang Panlunsod passed an ordinance evidence which is sufficient to support a
imposing a “city business tax” on all businesses conclusion; more than a scintilla; but not
operating within its territory, computed at 1% of speculative or conjecture. Proof beyond
the gross income of the business during the taxable reasonable doubt is not required.
year. The business community protested saying
that they are already paying business income taxes 33. What is the Bangsamoro Autonomous Region of
under the national internal revenue code, and the Muslim Mindanao? Provide at least 3 key features
ordinance that imposes a separate business tax of the BARMM.
amounts to double taxation and unconstitutional.
Answer:
Are the oppositors correct? a. It is a parliamentary form of government (within
a unitary Philippine government).
Answer: No, the oppositors are not correct. The LGU b. The justice system shall include the Shar’ia and
can impose levy, taxes, fees or charges on any base or traditional or tribal laws on disputes of
subject not otherwise specifically taxed under the indigenous peoples.
provisions of the national tax code. While it would c. It shall be entitled to a receive a block
seem that this is the same tax on the same taxable base, apportionment of 5% of the national income from
the LGU ordinance is not a tax on income, but a tax internal revenue and customs collections.
for the privilege of doing business in the city. The
city is also a different taxing authority from the 34. The President has not been seen in public for two
national government. Considering further the weeks; the Presidential spokesperson has dismissed
autonomy of the LGU to collect revenue under the concerns about his health saying that the President
local government code, it has been held that the local is merely resting. Under the circumstances, may
business taxes do not amount to double taxation. the Vice-President assume the position of acting
President?
(N. N. The above is a different situation from a case
that involved double taxation under the same local Answer: Under the constitution, the Vice-President
government ordinance, such that the same taxing can only discharge the function of Acting President: