POLITICAL LAW REVIEW FINAL EXAM

1. The threat of COVID-19 continues to doom despite several efforts. Highly Urbanized
Cities D, E, F are contiguous cities that wielded a pact of border closures in order to
secure all residents. The agreement thru city ordinances includes extreme
limitations on entry and exits within borders. Municipals G, H, I, on the other hand,
eased out border restrictions. Because of this conflicting security measures, the
National Government issued general guidelines which lessen border restrictions.
Cities D, E, F, however, insisted on implementing their ordinances, asserting the
local autonomy of highly urbanized city under the local government code. Is Cities’
D, E, F defiance to the national government guidelines valid? Can highly urbanized
city validly defy the guidelines set by the National government?

SUGGESTED ANSWER

No, the defiance of Cities’ D, E, F to the national guidelines is not valid as highly
urbanized cities cannot validly defy laws, policies, rules and guidelines set by the
National Government.

Under Local Government Code, LGUs are granted the General Legislative Powers
which authorizes local government councils to enact ordinances and make
regulations not repugnant to or in defiance with national laws, policies, rules and
guidelines.

Here, the ordinances that includes extreme limitations on entries and exits within
the borders are clear acts of defiance to the set National guidelines, contrary to
the established doctrine.

2. Jose asserts that he is a voter but his name was not on the voters’ list.

a. As COMELEC lawyer explain to Jose how one can become a voter.

SUGGESTED ANSWERS:
- 1st Suggested answer: Under the Omnibus Election Code, one
must first be registered as a voter and upon registration, one
must possess all the qualifications and none of the
disqualifications.

- 2nd Suggested answer: Under the Constitution, the

following are the requirements in order to exercise the right of
suffrage are :
1. One must be a citizen of the Philippines
2. One must be at least eighteen (18) years of age (except for
Sangguniang kabataan elections)
3. One must have resided in the Philippines for at least one (1) year
immediately preceding the election
4. One must have resided in the place where he/she proposes to vote
for at least six (6) months immediately preceding the election
5. One must not be disqualified by law

b. Supposing Jose was disenfranchised to which jurisdiction may he lodge his

complain?
 SUGGESTED ANSWER

Under the Constitution, the Courts has jurisdiction over any

controversies relating to right to vote.

Disenfranchisement is a deprivation of such right and privilege to vote.

Hence, Jose must lodge his complaint in court.

c. Supposing Jose is a candidate for gubernatorial position, to which

jurisdiction may he lodge an election protest for a municipal mayoral race?

SUGGESTED ANSWER

Under the Omnibus Election Code, the Regional Trial Court has
jurisdiction over any electoral controversies relating to mayoral race.

Here, Jose’s protest relates to a mayoral race.

Hence, his protest must be lodged with the Regional Trial Court.

3. Differentiate police power from executive power.

SUGGESTED ANSWER

Police Power and Executive Power are different base on the following:

As to source – Police Power is an inherent power of the state while Executive

Power is a constitutional Mandate to the President for faithful
implementation of the laws;

As to limitation – Police power regulates liberty and property conditioned that

said regulation is to promote public health, public welfare, public safety and
public morals. While Executive Power is limited on supervision on faithful
implementation of the laws and control on some acts within the executive
department;

4. State whether the following measures are constitutional or not. Explain

a. A law prescribing for age qualification of the president, vice-president and

senators

SUGGESTED ANSWER: This measure is unconstitutional. The Constitution

specifically provides for the age qualifications of the president, vice-president and
senators. These qualifications cannot be superseded by mere legislative measure
but through constitutional amendments.

b. A law prescribing for the qualifications of justices

SUGGESTED ANSWER: This measure is unconstitutional for Supreme Court Justices
but constitutional for lower courts.
The constitution provides for the qualifications of Supreme Court Justices but
leave to congress qualifications for statutory courts.

c. A law requiring for the appointment of the vice-president subjected to

confirmation

Unconstitutional measure. The Constitution provides that should the vice-

president be appointed to cabinet position, such appointment shall be
effective and would not require confirmation.

d. A law limiting the budget of the Office of the Ombudsman, COMELEC, COA

Unconstitutional Measure. The Constitution enumerates these constitutional

bodies having institutional and fiscal autonomy.

e. A limiting the budget of DEPED, CHED, SUCs

Constitutional Measure. Budgetary Measures are subject to scrutiny of which

congress has the power to limit except for those fiscally autonomous
constitutional bodies. DEPED, CHED and SUCs are not part of those
constitutional bodies having autonomy. Hence, this measure is constitutional.

Note: These are suggested answers. Do not fret if your answers are not similar
to these. What is important in answering is the source, the basis of having that
answer. This basis must be clearly communicated.

While there are some who would not go for any format in answering, I would
still suggest for you to have one – make your original manner of answering – just
so long as you remember the convenience of the examiner in checking. Be
humble but be bold. Do not argue, do not show off. Do not impress just express
your answer.

More importantly, pray and pray. Accept as early as now, that some in law
school are there to be angels to would be lawyers, some would really become
lawyers and some are both. Whatever is your role, pray for it. Do not claim
what is not yours – do not claim what you are not destined to become.

When I passed the bar, one co-barrista asked me in tears, “Why did God listen
to your prayer of becoming a lawyer when I never saw you in church nor
praying?” This lady-friend was a devout one, very religious.

I answered her, “To which God do you pray for?” She could not answer.

As for me, I pray to a Righteous God. The God who created heaven and earth,
the God who created me. The God whose answer to my every pray is always
right. The God who never been wrong. How He would answer our prayers- Yes,
no, wait- would always be the right answer. In our perspective, it seems wrong
– wrong to feel the pain of rejection, of failure. But in my God’s perspective, all
of these are right for He is a righteous God. He can never be wrong.

Just sharing my thoughts.

Sandra