POLITICAL LAW I REVIEW

FINAL EXAM
December 15, 2021
ATTY. LUIS A. VERA CRUZ, JR.

This is a two-hour exam. Your answers to the problems should always cite the legal basis (i.e.
applicable provision of the Constitution, law, Supreme Court decisions/rulings or principles of law). Your
answers should be brief/concise. Perfect score, 105 pts. Passing, 65 pts.

1. What is the difference between Judicial Power and the Power of Judicial Review.
(5 pts)

2. Congress summons General X, the Head of the Presidential Security Group

(PSG) who is an active member of the Armed Forces of the Philippines to shed
light on the inoculation of the members of the PSG with an unknown and FDA
unregistered Covid-19 vaccine which was done in secrecy last September and
October 2020. The President, however, ordered General X to disregard the
summons and to refrain from attending the investigation.

a. Assuming that the investigation is being conducted under Section 22 of

Article VI of the Constitution or the “Question Hour”, is the President’s
order valid? (5 pts)

b. Assuming that the investigation is being conducted under Section 21 of

Article VI of the Constitution which is an inquiry in aid of legislation,
may General X refuse to obey the summons by reason of the order of the
President? (5 pts)

c. Assuming that the Food and Drug Administration (FDA) is conducting

its own investigation, may General X also refuse to participate in the
investigation upon order of the President? (5 pts)

3. On December 18, 2019 while Congress was in recess, the President appointed Mr.
Z as Head of the Food and Drug Administration. The said appointment was
never included in the agenda of Congress when it resumed its session a month
after until it adjourned at the end of March 2020. Mr. Y, who has been eyeing the
said position urged the Solicitor General to file a quo warranto proceeding to
oust Mr. Z from his office on the ground that the latter is unlawfully holding the
same considering that his appointment was by-passed by Congress. Is Mr. Y
correct? (5 pts)

4. What is the `power of augmentation’? (5 pts)

5. Congress sends a Bill to the President for his approval. He vetoes particular
provisions in the Bill and approves the rest. Is the President’s veto valid? (5 pts)

6. Congress enacts RA 100 creating the Flood Control Bureau. The said law
authorizes the President to appoint the Bureau Chief but with the concurrence of
the Commission on Appointments (CA). Implementing said law, the President
appoints Mr. C as Bureau Chief. Mr. C assumes his post without the concurrence
of the CA. Several members of Congress assail the appointment of Mr. C as null
and void because there is no concurrence by the CA. Is the appointment valid?
(5 pts)
7. Finding it necessary after verifying reports of the existence of lawless violence
and rebellion in the island of Sulu, but without first declaring a “state of rebellion”,
the President called-out and ordered the deployment of a battalion of marines in
the said island to suppress said lawless violence and rebellion. Persons
suspected of participating in the rebellion were arrested without warrant.

a. Is the act of the President valid? (5 pts)

b. Are the warrantless arrests valid? (5 pts)

8. Article XII, Section 17 of the Constitution provides that “In times of national
emergency, when the public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it, temporarily take over or
direct the operation of any privately owned public utility or business affected
with public interest.”

As of 10:00 in the morning of November 2, 2020 and only after an hour of

heavy rains due to super typhoon Rolly, floodwaters have risen neck high in the
National Capital Region and most areas in Regions II and III, and the Bicol
Region. The floodwaters continue to rise and the rains kept pouring without let
up endangering the lives of thousands of families. In the meantime, PAGASA
spotted another super typhoon following the trail of Rolly. By noon of the same
day 50,000 persons were already officially reported dead and 100,000 were
reported missing. At one (1) o’clock in the afternoon of the same day, the
President was compelled to issue Proclamation No. 01, declaring a state of
national emergency. Consequently, the President issued Executive Order (EO) No.
1 authorizing him to take over the operations of several companies engaged in
business imbued with public interest. EO No. 1 decreed that the operations of
these Companies will revert back to the owners as soon as the state of emergency
is lifted.

Immediately thereafter, Company A, whose business operation was taken

over by the President, Congress and all the member of the Senate and House of
Representatives in their official capacities as such; Mr. B, a senior law student
of LPU-College of Law in his capacity as a citizen; Mr. C in his capacity as
taxpayer; the Integrated Bar of the Philippines (IBP) in its capacity as an
institution with the duty to preserve the rule of law, jointly filed a Petition against
the Executive Secretary (who was designated as implementator of EO No. 1), to
declare a) Proclamation No. 01 unconstitutional on the ground that the President
has no power to declare a state of national emergency; b) Executive Order No. 1
unconstitutional on the ground that Article XII, Section 17 of the Constitution
does not authorize the President to issue such an Order.

1) What is the “direct injury test? (5 pts)

2) Based on the foregoing facts, state and explain whether the
petitioners have standing to sue (setting aside the doctrine of
transcendental importance):

a) Company A (2 pts)
b) Congress and all the members of the Senate and the House
of Representatives in their capacity as such members of
Congress; (2 pts)
c) Mr. B as a citizen; (2 pts)
d) Mr. C as a taxpayer; (2 pts)

2
 e) Integrated Bar of the Philippines as an institution with the
duty to preserve the rule of law; (2 pts)

3) Is Proclamation No. 01 valid? (5 pts)

4) Is Executive Order No. 1 valid? (5 pts)
5) A couple of days after the filing of the Petition, the President
recalled E.O. No. 1 rendering the issue of the constitutionality of
E.O. No. 1 moot and academic.

i) As legal counsel for the Executive Secretary what legal

step would you take before the Supreme Court? (5 pts)

ii) As legal counsel for the Petitioner, how will you respond
to such legal step resorted to by the Executive Secretary? (5
pts)

9. Two months after the “state of emergency” (referred to in Question No. 8) the
President issued Executive Order No. 2 fixing the ceiling price of rice depending
on their class. The said E.O. provides that the business permit of any person or
entity violating the same shall be suspended or revoked after due hearing. Mr. Z
was charged with violating the price ceiling provided in the E.O. He seeks your
advice. (5 pts)

10. The Makati RTC Judge of Branch 1 was invited (and he accepted) to be a member
of the Board of Judges of the Miss Philippines beauty pageant 2020. Miss Makati
was adjudged the winner by one vote. On the day following the coronation, the
first runner-up, Miss Taguig, filed an action to invalidate the vote of the said
RTC Judge reasoning that the latter was disqualified from being appointed to
any administrative or quasi-judicial function under the Constitution. Is she
correct? (5 pts)

11. Mr. X was convicted for homicide by the Regional Trial Court of Makati. He
appealed the conviction before the Court of Appeals which affirmed the RTC
judgment. He filed a Motion for Reconsideration (MR). While his Motion for
Reconsideration was pending, the President granted him absolute pardon. Mr. X
accepted the grant of pardon and filed with the Court of Appeals a motion to
dismiss the case against him. Should the Court of Appeals dismiss the case? (5
pts)

12. Congress passed a law creating a Circuit Criminal Court (CCC) in every province
dedicated to hear drug cases exclusively. The law provides that decision of the
CCC shall be appealable directly to the Supreme Court. Mr. A questions the
validity of the said provision because it increased the appellate jurisdiction of the
Supreme Court without its advise and approval. Is Mr. A correct? (5 pts)

Good Luck!