PILR, QUIZ 2, 28 SEPT.

2021
VILLANUEVA, Anna Dominique B.
A10-11060

1. P who was a natural-born citizen of the Philippines enlisted in the US Navy, took his
oath of allegiance to the US, was naturalized by the US, thus losing his Philippine
citizenship. Later, he returned to the Philippines to run as congressman of the
second district of Quezon. P approached you and consulted if he can run for such
public office. What will be your advice? (10%)

I will advise P that he can run as Congressman of the Second

District of Quezon or any public office for that matter.

However, before he can do so, pursuant to RA 9225, he must first

take an oath of allegiance to the Republic to retain or reacquire the
status of a natural-born Filipino citizen. Then, he must make a personal
and sworn renunciation, with clear and unequivocal terms, of any and
all foreign citizenship before any public officer authorized to administer
such oath.

Once P satisfies these two requirements, only then can P run for
such public office (Congressman of the Second District of Quezon).

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VILLANUEVA, Anna Dominique B.
A10-11060
2. A constitutional convention was called to amend and revise the 1987 Philippine
Constitution. During its deliberation, a provision was passed requiring additional
qualifications for the President. Is this valid? Why? (10%)

No, the provision was invalid.

While it is true that one of the ways to revise or amend the

provisions of the Philippine Constitution is through a Constitutional
Convention, it must be noted, however, that there is an additional
requirement of ratification through majority votes cast through a
plebiscite.

In this case, the passed provision, to be binding and proposed or

presented during the deliberation must be known first by the
constituents of the country and then be ratified by a majority of the
votes cast in a plebiscite.

Thus, the provision passed which adds qualifications for the

President during the deliberation is invalid for it deliberately
circumvented the Constitution.

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VILLANUEVA, Anna Dominique B.
A10-11060

3. Congressman Y was suspended from office for 6 months by the Sandiganbayan for
violation of the Anti-graft and Corrupt Practices Act. Y contended that according to
the Constitution he may only be suspended from office by his peers in Congress. Is
Y’s contention valid? (10%)

No, Y’s contention is invalid.

The Sandiganbayan has been vested by the Constitution the

exclusive and original jurisdiction over cases which involve graft and
corrupt practices and other offenses committed by public officers and
employees.

Here, Y is a Congressman, a member of the House of

Representatives, is public officer has violated the Anti-graft and Corrupt
Practices Act.

Hence, Y may be suspended by the Sandiganbayan for violation of

the Anti-graft and Corrupt Practices Act.

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PILR, QUIZ 2, 28 SEPT. 2021
VILLANUEVA, Anna Dominique B.
A10-11060
4. Is the doctrine of qualified political agency applicable to government-owned
corporations? (10%)

No, the doctrine of qualified political agency does not apply to

government-controlled corporations.

Jurisprudence provides that the doctrine of qualified political

agency recognizes the establishment of a single executive whereby all
executive and administrative organizations are aides of the Executive
Department which means that all heads of various executive
departments become assistants and agents of the Chief Executive,
except in cases where the latter is required by the Constitution or law to
act in person on the necessities of the situation demand that he act
personally, the diverse executive and administrative functions of the
Chief Executive are performed by and through the executive
departments.

Moreover, the acts of the Secretaries of such departments,

performed and promulgated in the regular course of business, are,
unless disapproved or reprobated by the Chief Executive presumptively
the acts of the Chief Executive.

Here, government-controlled corporations do not belong to those

executive departments, hence, the doctrine of qualified political agency
is not applicable to the former.

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VILLANUEVA, Anna Dominique B.
A10-11060
5. Who ratifies a treaty? (10%)

It is the President who ratifies a treaty.

Although the Philippine Constitution provides that no treaty or

international agreement shall be valid and effective unless concurred in
by at least two-thirds of all the members of the Senate. However,
according to EO 459, all treaties, regardless of their designation, shall
comply with the requirements provided by law and in addition thereto,
the DFA shall submit the treaties to the Senate of the Philippines for
concurrence in the ratification by the President.

Hence it is the President who ratifies a treaty with the

concurrence of at least two-thirds of all the members of the Senate.

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PILR, QUIZ 2, 28 SEPT. 2021
VILLANUEVA, Anna Dominique B.
A10-11060

6. The Department of Budget and Management in its submission of annual budget to

Congress reduced the appropriations for the Judiciary the amount of which is below
than the previous year’s annual budget. Is this constitutional? (10%)

No, the reduction of the annual budget by the DBM is

unconstitutional.

The Judiciary (Supreme Court) is a constitutional body which

enjoys fiscal autonomy and is guaranteed by the Constitution the full
flexibility to allocate and utilize their resources with the wisdom and
dispatch that their needs require.

In reducing the annual budget allocated to the Judiciary entails

that the DBM exceeded its authority and encroached the fiscal
autonomy enshrined to the Supreme Court by the Constitution.

Hence, DBM’s act was unconstitutional.

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VILLANUEVA, Anna Dominique B.
A10-11060
7. May the Supreme Court adjudicate political questions? And justiciable questions?
What’s the difference between the two questions? (10%)

Yes. The judiciary or the Supreme Court can adjudicate political

questions.

Under Sec. 1, Art. VIII of the Philippine Constitution, the judiciary

has the power to determine whether or not there has been a grave
abuse of discretion.

Hence, the Courts may determine whether there has been grave
abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of government.

Political questions refer to those questions which, under the

Constitution, are to be decided by the people in their sovereign capacity,
or regarding full discretionary authority which has been delegated to
the legislative/executive branches of government. A political question is
basically concerned about issues which are dependent upon the
wisdom, and not the legality, of a particular measure.

Meanwhile, a justiciable controversy pertains to a definite and

concrete dispute which affects the legal relations of parties who have
opposing legal interests, that may be resolved by the courts by the
applying the law. To be considered as justiciable, the following
requisites must concur: 1) that there be an actual controversy between
or among the parties of the dispute; 2) that the interests of the parties
be adverse; 3) that the matter in controversy be capable of being
adjudicated by judicial power; and 4) that the determination of the
controversy will result in practical relief to the complainant.

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VILLANUEVA, Anna Dominique B.
A10-11060
8. What powers does the Commission on Elections possess? Explain fully. (10%)

Article IX C (2) of the Philippine Constitution provides for the

powers and functions of the Commission on Elections (COMELEC) thus:

The Commission on Elections shall exercise the following powers

and functions:

(1) Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests

relating to the elections, returns, and qualifications of all elective
regional, provincial, and city officials, and appellate jurisdiction over all
contests involving elective municipal officials decided by trial courts of
general jurisdiction, or involving elective barangay officials decided by
trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election

contests involving elective municipal and barangay offices shall be final,
executory, and not appealable.

(3) Decide, except those involving the right to vote, all questions
affecting elections, including determination of the number and location
of polling places, appointment of election officials and inspectors, and
registration of voters.

(4) Deputize, with the concurrence of the President, law

enforcement agencies and instrumentalities of the Government,
including the Armed Forces of the Philippines, for the exclusive purpose
of ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties,

organizations, or coalitions which, in addition to other requirements,
must present their platform or program of government; and accredit
citizens' arms of the Commission on Elections. Religious denominations
and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and
adhere to this Constitution, or which are supported by any foreign
government shall likewise be refused registration.

Financial contributions from foreign governments and their

agencies to political parties, organizations, coalitions, or candidates
related to elections, constitute interference in national affairs, and, when
accepted, shall be an additional ground for the cancellation of their
registration with the Commission, in addition to other penalties that
may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative,

petitions in court for inclusion or exclusion of voters; investigate and,
where appropriate, prosecute cases of violations of election laws,

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VILLANUEVA, Anna Dominique B.
A10-11060
including acts or omissions constituting election frauds, offenses, and
malpractices.

(7) Recommend to the Congress effective measures to minimize

election spending, including limitation of places where propaganda
materials shall be posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or

employee it has deputized, or the imposition of any other disciplinary
action, for violation or disregard of, or disobedience to, its directive,
order, or decision.

(9) Submit to the President and the Congress, a comprehensive

report on the conduct of each election, plebiscite, initiative, referendum,
or recall.

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VILLANUEVA, Anna Dominique B.
A10-11060

9. Does the Metro Manila Development Authority possess legislative powers? (10%)

No. Metro Manila Development Authority (MMDA) does not

possess legislative powers.

Political units of the government such as, but not limited to, Cities,
Provinces, etc., possess and have been vested legislative power by our
Constitution to enact laws for their specific political jurisdiction.

Jurisprudence declared that RA No. 7924 does not grant the

MMDA with police power, let alone legislative power, and that all its
functions are administrative in nature.

Obviously, the MMDA is not a political unit of government. The

power delegated to the MMDA given by Metro Manila Council is to
promulgate administrative rules and regulations in the implementation
of the MMDAs functions.

Hence, Metro Manila Development Authority (MMDA) does not

possess legislative powers.

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PILR, QUIZ 2, 28 SEPT. 2021
VILLANUEVA, Anna Dominique B.
A10-11060

10. May the President be impeached? (10%)

Yes, the President may be impeached.

Pursuant to Sec. 2, Article XI of the 1987 Philippine Constitution

the President belongs to the list of impeachable officers, namely: 1) the
President; (2) the Vice-President; (3) the Members of the Supreme
Court; (4) the Members of the Constitutional Commissions, and (5) the
Ombudsman.

That this list is exclusive and the grounds for such impeachment
and conviction shall involve culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of
public trust.

Hence, the President may be impeached.

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