Political law questions

1. BNN Republic has a defense treaty with EVA Federation. According to the Republic's Secretary
of Defense, the treaty allows temporary basing of friendly foreign troops incase of training
exercises for the war on terrorism. The Majority Leader of the Senate contends that whether
temporary or not, the basing of foreign troops however friendly is prohibited by the Constitution
of BNN which provides that, "No foreign military bases shall be allowed in BNN territory." In
case there is indeed an irreconcilable conflict between a provision of the treaty and a provision of
the Constitution, in a jurisdiction and legal system like ours, which should prevail: the provision
of the treaty or of the Constitution? Why? Explain with reasons, briefly.

2. In the desire to improve the fishing methods of the fishermen, the Bureau of Fisheries, with the
approval of the President, entered into a memorandum of agreement to allow Thai fishermen to
fish within 200 miles from the Philippine sea coasts on the condition that Filipino fishermen be
allowed to use Thai fishing equipment and vessels, and to learn modern technology in fishing
and canning. Is the agreement valid?

3. The Sangguniang Bayan of the Municipality of Santa, Ilocos Sur passed Resolution No. 1
authorizing its Mayor to initiate a petition for the expropriation of a lot owned by Christina as site
for its municipal sports center. This was approved by the Mayor. However, the Sangguniang
Panlalawigan of Ilocos Sur disapproved the Resolution as there might still be other available lots in
Santa for a sports center. Nonetheless, the Municipality of Santa, through its Mayor, filed a
complaint for eminent domain. Christina opposed this on the following grounds:

1. the Municipality of Santa has no power to expropriate;

2. Resolution No. 1 has been voided since the Sangguniang Panlalawigan disapproved it
for being arbitrary; and
3. the Municipality of Santa has other and better lots for that purpose.

Resolve the case with reasons.

4. One of the features of the government established under the 1987 Constitution is the restoration
of the principle of checks and balances. This is especially noteworthy in the Commander-in-Chief
powers of the President which substantially affects what was styled under the past dispensation as
the "calibrated response" to national emergencies,

(a) Discuss fully the provisions of the 1987 Constitution, giving the scope, limits and the
role of the principle of checks and balances on the President's exercise of the power:

􀀀 To suspend the privilege of the writ of habeas corpus

􀀀 Proclamation of martial law.

24 hours to 48 hours and 60 days

Majority of all the members jointly voted for the approval or revocation.
The Judiciary can determine the proclamation of martial law and suspension of habeas corpus is
under the ambit of the power of judicial review.

(b) Considering the pressing problems of insurgency, rebel activities, liberation movements and
terrorist violence, which in your considered opinion among the options available to the President
as Commander-in-Chief would be the most effective in meeting the emergencies by the nation?
Explain.

Suspension will only be for a limited period

5. What do you mean by the "Calling-out Power" of the President under Section 18, Article VII
of the Constitution?

AFP to suppress lawless violence, rebellion or invasion.