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Political Law (QuAMTO)
Political Law (QuAMTO)
POLITICAL LAW
Questions Asked More Than Once
QuAMTO 2023
The UST GOLDEN NOTES is the annual student-edited bar review material of
the University of Santo Tomas, Faculty of Civil Law. Communications
regarding the Notes should be addressed to the Academics Committee of the
Team: Bar-Ops.
Academics Committee
Faculty of Civil Law
University of Santo Tomas
España, Manila 1008
All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal
University of Santo Tomas, the Catholic University of the Philippines.
2023 Edition.
No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes,
whether printed, mimeographed, typewritten, copied in different electronic devises or in any other
form, for distribution or sale, without a written permission.
A copy of this material without the corresponding code either proceeds from an illegal source or is in
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SECRETARIES-GENERAL
EXECUTIVE COMMITTEE
MEMBERS
DIN EVE JAMES F. AMANTE CHYNA PATRICIA S. MANANQUIL
CLAIRE ANGELA B. CABALLES CLAIRE MAE S. SERRANO
RAIAH CASSANDRA O. GUITAN ARIEL B. TAMONDONG
IANNA NICOLE B. LUCAS JOHN ELEZER S. UGTO
RHOWIELYN FAYE A. SANTOS JOHN ANNDREW S. TENOCIO
ADVISERS
ATTY. AL CONRAD B. ESPALDON
ATTY. VICTORIA V. LOANZON
ATTY. NOEL RAYMOND R. OSTREA
Faculty of Civil Law (1734)
ACADEMIC OFFICIALS
ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABAÑO, O.P.
DEAN REGENT
For being our guideposts in understanding the intricate sphere of Political Law.
– Academics Committee 2023
DISCLAIMER
2. MANNER OF INTERPRETATION
(SELF-EXECUTING AND NON-EXECUTING CHARACTER) 1. POLICE POWER
Accordingly, the removal of said billboards provided for A: (B) WRONG because the law recognizes that the power
under the ordinance constitutes a valid taking under the to tax is the power to destroy.
city's police power.
In McCulloch v. Maryland, Chief Justice Marshall declared
It is established that a taking of private property under the that the power to tax involves the power to destroy. This
police power does not require the payment of just maxim only means that the power to tax includes the power
compensation. (Cruz, 2015; Southern Luzon Drug to regulate even to the extent of prohibition or destruction
Corporation v. The Department of Social Welfare and of businesses. The reason is that the legislature has the
Development, G.R. No. 199669, 25 Apr. 2017, citing Manila inherent power to determine who to tax, what to tax and
Memorial Park, Inc. v. Secretary of the Department of Social how much tax is to be imposed. Pursuant to the regulatory
Welfare and Development, G.R. No. 175356, 03 Dec. 2013) purpose of taxation, the legislature may impose tax in order
(Central Bar Q&As by Cruz, 2023) to discourage or prohibit things or enterprises inimical to
the public welfare.
3. TAXATION In the given problem, the legislature’s imposition of
(2016, 2013, 2011, 2006, 2005, 2004, 2003, 2000, prohibitive sin tax on cigarettes is congruent with its
1996, 1991, 1989 BAR) purpose of discouraging the public from smoking cigarettes
which are hazardous to health. (McCulloch v. Maryland, 17
Q: Describe the power of taxation. May a legislative U.S. 4 Wheat 316, 1819; UPLC Suggested Answers)
body enact laws to raise revenues in the absence of a
constitutional provision granting said body the power Q: XYZ Corporation manufactures glass panels and is
to tax? Explain. (2005 BAR) almost at the point of insolvency. It has no more cash
and all it has are unsold glass panels. It received an
A: The power of taxation is inherent in the State being an assessment from the BIR for deficiency income taxes. It
attribute of sovereignty. As an incident of sovereignty, the wants to pay but due to lack of cash, it seeks permission
power to tax has been described as unlimited in its range, to pay in kind with glass panels. Should the BIR grant
acknowledging in its very nature no limits, so that security the requested permission? (2013 BAR)
against its abuse is to be found only in the responsibility of
the legislature which imposes the tax on the constituents (A) It should grant permission to make payment
who are to pay it. (Mactan Cebu International Airport convenient to taxpayers.
Authority v. Marcos, G.R. No. 120082, 11 Sept. 1996)
(B) It should not grant permission because a tax is
Being an inherent power, the legislature can enact laws to generally a pecuniary burden.
raise revenues even without the grant of said power in the
Constitution. It must be noted that Constitutional (C) It should grant permission; otherwise, XYZ
provisions relating to the power of taxation do not operate Corporation would not be able to pay.
as grants of the power of taxation to the Government, but
instead merely constitute limitations upon a power which (D) It should not grant permission because the
would otherwise be practically without limit. (Cooley, government does not have the storage facilities for
Constitutional Limitations, 1927 8th Ed., p. 787) glass panels.
Q: Congress passed a sin tax that increased the tax rates A: (B) It should not grant permission because a tax is
on cigarettes by 1000%. The law was thought to be generally a pecuniary burden.
sufficient to drive many cigarette companies out of
business, and was questioned in court by a cigarette This principle is one of the attributes or characteristics of
company that would go out of business because it tax. (UPLC Suggested Answers)
would not be able to pay the increased tax. The
cigarette company is ______________? (2013 BAR) Q: Congress issued a law allowing a 20% discount on
the purchases of senior citizens from, among others,
(A) Wrong because taxes are the lifeblood of the recreation centers. This 20% discount can then be used
government by the sellers as a “tax credit”. At the initiative of BIR,
however, R.A. No. 9257 was enacted amending the
(B) Wrong because the law recognizes that the power treatment of the 20% discount as a “tax deduction.”
to tax is the power to destroy Equity Cinema filed a petition with the RTC claiming
that the R.A. No. 9257 is unconstitutional as it forcibly
(C) Correct because no government can deprive a deprives sellers a part of the price without just
person of his livelihood compensation. If you were the judge, how will you
If the defendants assert that the students/petitioners E. DYNAMICS AMONG THE BRANCHES OF
who are minors do not have locus standi to file the GOVERNMENT
action, is the assertion correct? Explain your answer. (2019, 2016, 2015, 2012, 2009, 2005, 2002 BAR)
(2016 BAR)
(b) Assuming that the provision is declared A: NO. The order of the Supreme Court to the defendant to
unconstitutional, should the disbursements made clean up, rehabilitate and sanitize Manila Bay is an exercise
pursuant thereto be returned in light of the of judicial power, because the execution of its decision is an
doctrine of operative fact? Explain. integral part of its adjudicative function. Since the
submission of periodic reports is needed to fully implement
A: NO, the disbursements need not be returned, as the the decision, the Supreme Court can issue a continuing writ
doctrine of operative fact applies. of mandamus to the MMDA until full compliance with its
order is shown. (Metropolitan Manila Development
The doctrine of operative fact recognizes the existence of Authority v. Concerned Residents of Manila Bay, G.R. Nos.
the law or executive act prior to the determination of its 171947-48, 18 Dec. 2008)
unconstitutionality as an operative fact that produced
consequences that cannot always be erased, ignored, or Q: Senator Fleur De Lis is charged with plunder before
disregarded. In short, it nullifies the void law or executive the Sandiganbayan. After finding the existence of
act but sustains its effects. It provides an exception to the probable cause, the court issues a warrant for the
Senator's arrest. The prosecution files a motion to
2. SYSTEM OF CHECKS AND BALANCES Q: Section 8 of P.D. 910, entitled "Creating an Energy
(2012 BAR) Development Board, defining its powers and functions,
providing funds therefor and for other purposes,"
Q: Which of the following best exemplifies how the provides that: "All fees, revenues and receipts of the
system of checks and balances is carried out: Board from any and all sources x x x shall form part of a
Special Fund to be used to finance energy resource
development and exploitation programs and projects
The Malampaya NGO contends that the provision Q: Suppose that Congress passed a law creating a
constitutes an undue delegation of legislative power Department of Human Habitat and authorizing the
since the phrase "and for such other purposes as may Department Secretary to promulgate implementing
be hereafter directed by the President" gives the rules and regulations. Suppose further that the law
President unbridled discretion to determine the declared that violation of the implementing rules and
purpose for which the funds will be used. On the other regulations so issued would be punishable as a crime
hand, the government urges the application of ejusdem and authorized the Department Secretary to prescribe
generis. the penalty for such violation. If the law defines certain
acts as violations of the law and makes them
Does the assailed portion of Sec. 8 of P.D. 910 hurdle the punishable, for example, with imprisonment of three
two (2) tests: Completeness test and Sufficient Standard (3) years or a fine in the amount of P10,000.00 or both
Test? (2016 BAR) such imprisonment and fine, in the discretion of the
court, can it be provided in the implementing rules and
A: NO. The assailed portion of the P.D. 910 does not satisfy regulations promulgated by the Department Secretary
the two tests. The phrase “and for such other purposes as that their violation will also be subject to the same
may be hereafter directed by the President” gives the penalties as those provided in the law itself? Explain
President unbridled discretion to determine the purpose your answer fully. (2002 BAR)
for which the funds will be used. An infrastructure is any
basic facility needed by society. The power to determine A: NO. The rules and regulations promulgated by the
what kind of infrastructure to prioritize and fund is the Secretary of Human Habitat cannot provide that the
power to determine the purpose of the appropriation and is penalties for their violation will be the same as the penalties
an undue delegation of the power to appropriate. for the violation of the law. As held in United States v.
Barrias, (G.R. No. 4349, 24 Sept. 1908), the fixing of the
The assailed provision does not fall under the principle of penalty for criminal offenses involves the exercise of
ejusdem generis. First, the phrase “energy resource legislative power and cannot be delegated. The law itself
development and exploitation programs and projects of the must prescribe the penalty. (UPLC Suggested Answers)
government” states a singular and general class. Second, it
exhausts the class it represents. (Belgica v. Ochoa, Jr., GR. No.
208566, 19 Nov. 2013) F. STATE IMMUNITY
(2018, 2017, 2016, 2013, 2009, 2001, 1999, 1997 BAR)
Q: Sec. 32 of R.A. No. 4670 (The Magna Carta for Public
School Teachers) reads: Sec. 32. Penal Provision — A
person who shall willfully interfere with, restrain or
coerce any teacher in the exercise of his rights 1.BASIS
guaranteed by this Act or who shall in any other (2017, 1999 BAR)
manner commit any act to defeat any of the provisions
of this Act shall, upon conviction, be punished by a fine Q: What do you understand by state immunity from
of not less than one hundred pesos nor more than one suit? Explain. (2017, 1999 BAR)
thousand pesos, or by imprisonment, in the discretion
of the court. A: State immunity from suit means that the State cannot be
sued without its consent. A corollary of such principle is that
Is the proviso granting the court the authority to properties used by the State in the performance of its
impose a penalty or imprisonment in its discretion governmental functions cannot be subject to judicial
constitutional? Explain briefly. (2005 BAR) execution. (UPLC Suggested Answers)
A: NO. The proviso is unconstitutional. Sec. 32 of R.A. No.
4670 provides for an indeterminable period of 2. EXCEPTIONS
imprisonment, with neither a minimum nor a maximum (2018, 2017, 2016, 2013, 2009, 2001, 1999, 1997 BAR)
duration having been set by the legislative authority. The
courts are thus given a wide latitude of discretion to fix the
Q: Under the doctrine of immunity from suit, the State
term of imprisonment, without even the benefit of any
cannot be sued without its consent. How may the
sufficient standard, such that the duration thereof may
consent be given by the State? Explain your answer.
range, in the words of respondent judge, from one minute
(2017, 1999 BAR)
to the lifespan of the accused. This cannot be allowed. It
vests in the courts a power and a duty essentially legislative
A: Consent of the State to be sued may be made expressly as
in nature and which, as applied to this case, does violence to
in the case of a specific, express provision of law, as waiver
the rules on separation of powers as well as the non-
of State immunity from suit is not inferred lightly (e.g. C.A.
327 as amended by PD 1445) or impliedly as when the State
A: YES. The motion of the Republic should be granted. There Q: The USS Liberty, a warship of the United States (U.S.),
appears to be no consent on the part of the State to be sued. entered Philippine archipelagic waters on its way to
In Sec. 3, Art. XVI of the 1987 Constitution, it is provided that: Australia. Because of the negligence of the naval
“The State shall not be sued without its consent.” officials on board, the vessel ran aground off the island
of Palawan, damaging coral reefs and other marine
That no consent was given by the Republic is shown by the resources in the area. Officials of Palawan filed a suit for
fact that the Bureau or the Government did seem to have damages against the naval officials for their negligence,
complied with the demands of the deed of donation. and against the U.S., based on Articles 30 and 31 of the
Compliance with the state immunity is essential for two United Nations Convention on the Law of the Sea
reasons: (UNCLOS). Article 31 provides that the Flag State shall
bear international responsibility for any loss or
1. It is required as a provision of the Constitution; and damage to the Coastal State resulting from
2. Immunity is an essential element of state noncompliance by a warship with the laws and
sovereignty. (UPLC Suggested Answers) regulations of the coastal State concerning passage
YES. XYZ Corporation may sue the Bureau of Customs Mang Pandoy filed a suit against the government to
because the contract is connected with a proprietary compel payment for the value of his land. The DPWH
function, the operation of the arrastre service. (Philippine filed a motion to dismiss the case on the ground that the
Refining Company v. CA, G.R. No. 118794, 08 May 1996) State is immune from suit. Mang Pandoy filed an
Besides, XYZ Corporation leased its van cranes, because the opposition. Resolve the motion. (2001 BAR)
Bureau of Customs undertook to pay its rentals. Justice and
equity demand that the Bureau of Customs should not be A: The motion to dismiss should be denied. When the
allowed to invoke state immunity from suit (Republic v. Government expropriates private property without paying
Unimex-Micro Electronics GmBH, G.R. Nos. 166309-10, 09 compensation, it is deemed to have waived its immunity
Mar. 2007) from suit. Otherwise, the constitutional guarantee that
private property shall not be taken for public use without
Q: Mr. Sinco sued the government for damages. After payment of just compensation will be rendered nugatory.
trial, the court ruled in his favor and awarded damages (Amigable v. Cuenca, G.R. L-26400, 29 Feb. 1972)
amounting to P50 million against the government. To
satisfy the judgment against the government, which Q: The employees of the Philippine Tobacco
valid option is available to Mr. Sinco? Administration (PTA) sued to recover overtime pay. In
resisting such claim, the PTA theorized that it is
(A) Garnish the government funds deposited at the performing governmental functions. Decide and
Land Bank. explain. (1999 BAR)
(B) File a claim with the Commission on Audit (COA)
pursuant to C.A. 327, as amended by P.D. 1445. A: As held in Philippine Virginia Tobacco Administration v.
(C) Make representations with the Congress to Court of Industrial Relations (G.R. No. L-32052, 25 July 1975),
appropriate the amount to satisfy the judgment. the Philippine Tobacco Administration is not liable for
(D) File a petition for mandamus in court to compel overtime pay, since it is performing governmental
Congress to appropriate P50 million to satisfy the functions. Among its purposes are to promote the effective
judgment. merchandising of tobacco so that those engaged in the
(E) Proceed to execute the judgment as provided by the tobacco industry will have economic security, to stabilize
Rules of Court because the State allowed itself to be the price of tobacco, and to improve the living and economic
sued. (2013 BAR) conditions of those engaged in the tobacco industry. (UPLC
Suggested Answers)
A: (B). File a claim with the Commission on Audit (COA)
pursuant to C.A. 327, as amended by P.D. 1445. (University
of the Philippines v. Dizon, G.R. No. 171182, 23 Aug. 2012)
G. NATIONAL TERRITORY
Q: The Municipality of Pinatukdao is sued for damages (2016, 2009, 1989 BAR)
arising from injuries sustained by a pedestrian who
was hit by a glass pane that fell from a dilapidated
window frame of the municipal hall. The municipality
files a motion to dismiss the complaint, invoking state 1. SCOPE
immunity from suit. Resolve the motion with reasons. (TERRESTRIAL, AERIAL, AND FLUVIAL DOMAINS)
(2009 BAR) (2009 BAR)
A: The motion to dismiss should be denied. Under Section Q: William, a private American citizen, a university
24 of the Local Government Code and Article 2189 of the Civil graduate, and frequent visitor to the Philippines, was
Code, the Municipality of Pinatukdao is liable for damages inside the U.S. embassy when he got into a heated
arising from injuries to person by reason of negligence of argument with a private Filipino citizen. Then, in front
local government units or local officers of the defective of many shocked witnesses, he killed the person he was
(b) The sole power to declare the existence of state of A: YES. It is not an appropriation bill, because the
war. appropriation of public funds is not the principal purpose of
the bill. A law is not an appropriate measure if the
A: The Congress, by a vote of two-thirds of both Houses in appropriation of public funds is not its principal purpose,
joint session assembled, voting separately. (Sec.23(1), Art. and the appropriation is only incidental to some other
VI, 1987 Constitution) objective. (Association of Small Landowners of the
Philippines, Inc. v. Secretary of Agrarian Reform, G.R. No.
Q: The Congress establishes by law Philippine Funds, 78742, 14 July 1989)
Inc., a private corporation, to receive foreign donations
coming from abroad during national and local (b) A bill creating a joint legislative- executive
calamities and disasters, and to enable the commission to give, on behalf of the Senate, its
unhampered and speedy disbursements of the advice, consent and concurrence to treaties
donations through the mere action of its Board of entered into by the President. The bill contains the
Directors. Thereby, delays in the release of the donated guidelines to be followed by the commission in the
funds occasioned by the stringent rules of procurement discharge of its functions. Explain.
would be avoided. Also, the releases would not come
under the jurisdiction of the Commission on Audit A: NO. The Senate cannot delegate this function to such a
(COA). (2017 BAR) commission, because under Sec. 21, Art. VII of the
Constitution, the concurrence of at least two-thirds of the
(a) Is the law establishing Philippine Funds, Inc. Senate itself is required for the ratification of treaties. (UPLC
constitutional? Explain your answer. Suggested Answers)
(b) Can the Congress pass the law that would exempt b) PROCEDURAL - MANNER OF PASSAGE AND FORM OF
the foreign grants from the jurisdiction of the COA? BILLS
Explain your answer.
See questions under F. Process of Law-Making – p. 20
A: Congress cannot exempt the foreign grants from the 4. LAW-MAKING DISTINGUISHED FROM LAW-
jurisdiction of the Commission on Audit. Its jurisdiction EXECUTION
extends to all government-owned or controlled
corporations, including those funded by donations through
a) FILLING-UP DETAILS
the Government. (Sec. 3, Art IX-D, Sec. 3 of the 1987
Philippine Constitution; and Petitioner Corporation v.
b) ASCERTAINMENT OF FACTS
Executive Secretary, G.R. Nos. 147036-37 & 147811,10 Apr.
2012)
Is X qualified to run for Congress? Explain. (2019 BAR) Q: On August 15, 2015, Congresswoman Dina Tatalo
filed and sponsored House Bill No. 5432, entitled "An
A: NO, X is not qualified to run for Congress. The Act Providing for the Apportionment of the Lone
Constitution prescribes that no person shall be a Member of District of the City of Pangarap." The bill eventually
the House of Representatives unless he is a natural-born became a law, R.A. No. 1234. It mandated that the lone
citizen of the Philippines. (Sec. 6, Art. VI, 1987 Constitution) legislative district of the City of Pangarap would now
In this case, X is a naturalized citizen and is thus not consist of two (2) districts. For the 2016 elections, the
qualified to run for Congress. voters of the City of Pangarap would be classified as
belonging to either the first or second district,
Q: Victor Ahmad was born on December 16, 1972 of a depending on their place of residence. The constituents
Filipino mother and an alien father. Under the law of his of each district would elect their own representative to
father's country, his mother did not acquire his father's Congress as well as eight (8) members of the
citizenship. Sangguniang Panglungsod. R.A. No. 1234 apportioned
the City's barangays. The COMELEC thereafter
Victor consults you on December 21, 1993 and informs promulgated Resolution No. 2170 implementing R.A.
you of his intention to run for Congress in the 1995 No. 1234. Piolo Cruz assails the COMELEC Resolution as
elections. Is he qualified to run? What advice would you unconstitutional. According to him, R.A. No. 1234
give him? Would your answer be the same if he had seen cannot be implemented without conducting a plebiscite
and consulted you on December 16, 1991 and informed because the apportionment under the law falls within
you of his desire to run for Congress in the 1992 the meaning of creation, division, merger, abolition or
elections? Discuss your answer. (1999 BAR) substantial alteration of boundaries of cities under
Section 10, Article X of the 1987 Constitution. Is the
A: NO, Victor Ahmad is not qualified to run for Congress in claim correct? Explain. (2015 BAR)
the 1995 elections. Under Section 6, Article VI of the
Constitution, a member of the House of Representatives A: The claim is erroneous. The constitution does not require
must be at least twenty-five (25) years of age on the day of a plebiscite for the creation of a new legislative district by a
legislative reapportionment. It is required only for the
Q: Under the enrolled bill doctrine, the signing of a bill (a) When does a bill become a law even without the
by both the Speaker of the House of Representatives signature of the President?
and the President of the Senate and the certification by
the secretaries of both Houses of Congress that the bill A: Under Section 27(1), Article VI of the Constitution, a bill
was passed on a certain date are conclusive on the bill's becomes a law even without the signature of the President
due enactment. Assuming there is a conflict between if he vetoed it but his veto was overridden by two-thirds
the enrolled bill and the legislative journal, to the effect vote of all the members of both the Senate and the House of
that the enrolled bill signed by the Senate President Representatives and If the President failed to communicate
and eventually approved by the President turned out to his veto to the House from which the bill originated, within
be different from what the Senate actually passed as thirty days after the date of receipt of the bill by the
reflected in the legislative journal. (2017 BAR) President.
(a) May the Senate President disregard the (b) When does the law take effect?
enrolled bill doctrine and consider his
signature as invalid and of no effect? A: As held in Tanada v. Tuvera, (G.R. No. L-63915, 24 Apr.
1985), a law must be published as a condition for its
A: YES. As held by the Court in Astorga v. Villegas (G.R. No. effectivity and in accordance with Article 2 of the Civil Code,
L-23475, 30 Apr. 1974), conclusive proof of a bill's due it shall take effect fifteen days following the completion of
enactment, required, it is said, by the respect due to a co- its publication in the Official Gazette or in a newspaper of
equal department of the government, is neutralized in this general circulation unless it is otherwise provided.
case by the fact that the Senate President declared his (Executive Order No. 292, Revised Administrative Code of
signature on the bill to be invalid and issued a subsequent 1989)
clarification that the invalidation of his signature meant
that the bill he had signed had never been approved by the
1. FUNCTION OF THE BICAMERAL CONFERENCE
Senate. Obviously, this declaration should be accorded even
COMMITTEE
greater respect than the attestation it invalidated, which it
did for a reason that is undisputed in fact and indisputable
in logic. 2. LIMITATIONS ON LEGISLATIVE POWER
(2017, 2008, 2001, 1999, 1998, 1991 BAR)
As far as Congress itself is concerned, there is nothing
sacrosanct in the certification made by the presiding Q: In 1963, congress passed a law creating a
officers. It is merely a mode of authentication. The government-owned corporation named Manila War
lawmaking process in Congress ends when the bill is Memorial Commission (MWMC), with the primary
approved by both Houses, and the certification does not add function of overseeing the construction of a massive
to the validity of the bill or cure any defect already present memorial in the heart of Manila to commemorate
upon its passage. victim of the 1945 Battle of Manila. The MWMC charter
provided an initial appropriation of P1,000,000,
(b) May the President thereafter withdraw his empowered the corporation to raise funds in its own
signature? Explain your answer. name, and set aside a parcel of land in Malate for the
memorial site. The charter set the corporate life of
A: YES. The President can withdraw his signature. The MWMC at 50 years with a proviso that Congress may not
journal of the proceedings of each House of Congress is no abolish MWMC until after the completion of the
ordinary record. The Constitution requires it. The Court is memorial. Forty-five (45) years later, the memorial was
not asked to incorporate such amendments into the alleged only 1/3 complete and the memorial site itself had long
law, which admittedly is a risky undertaking, but to declare been overrun by squatters. Congress enacted a law
that the bill was not duly enacted and therefore did not abolishing the MWMC and requiring that the funds
become law. In the face of the manifest error committed and raised by it be remitted to the National Treasury. The
subsequently rectified by the President of the Senate and by MWMC challenged the validity of the law, arguing that
the Chief Executive, for the Court to perpetuate that error under its charter its mandate is to complete the
by disregarding such rectification and holding that the memorial no matter how long it takes. Decide with
erroneous bill has become law would be to sacrifice truth to reason. (2008 BAR)
Q: What is the function of the Senate Electoral Tribunal A: Alejandro’s petition should be dismissed for lack of
and the House of Representatives Electoral Tribunal? jurisdiction. It is the HRET which has jurisdiction over the
(2006 BAR) case, because Alejandro is already a Member of the House
of Representatives. (Lico v. Commission on Elections, G.R. No.
205505, 29 Sept. 2015)
A: NO. The presidential immunity from suit exists only in Q: A committee of the Senate invited Mr. X and Mr. Y, the
concurrence with the President’s incumbency. A non-sitting Secretary of Foreign Affairs and Secretary of Energy,
President cannot claim immunity even if the acts respectively, as resource speakers for an inquiry in aid
complained of were committed while he was still a sitting of legislation. Mr. X refused to attend, arguing that the
President. The reason for this is that if the immunity is not Senate, not its committee, has the power to compel
granted while he is in office, he might be spending all his attendance. Meanwhile, Mr. Y attended the committee
time in attending to litigations. After his term, he can hearing but upon being asked about discussions made
already attend to them. (Estrada v. Desierto, G.R. Nos. during a closed-door cabinet meeting, he refused to
146710-15, 146738, 03 Apr. 2001; Rodriguez v. Macapagal- answer invoking executive privilege. The committee
Arroyo, G.R. Nos. 191805 & 193160, 15 Nov. 2011) members insisted that Mr. Y answer the question
pursuant to the right of Congress to information from
Q: Upon complaint of the incumbent President of the the executive branch. (2019 BAR)
Republic, "A" was charged with libel before the Is Mr. Y’s refusal to answer based on executive
Regional Trial Court. “A" moved to dismiss the privilege valid? Explain.
information on the ground that the Court had no
jurisdiction over the offense charged because the A: YES. Mr. Y’s refusal is valid. The privilege includes
President, being immune from suit, should also be presidential conversations, correspondences, or
disqualified from filing a case against “A" in court. discussions during closed-door Cabinet meetings. The
Resolve the motion. (2010 BAR) intention of the President to prevent leakage of information
to the public is crystal clear because the discussions were
A: The motion should be denied. The immunity of the made in a “closed-door meeting.” (Sereno v. Committee on
President from suit is personal to the President. It may be Trade and Related Matters, G.R. No. 175210, 01 Feb. 2016)
A: NO. He is not qualified because he is only thirty years old. A: According to Sevilla v. Court of Appeals (G.R. No. L-41182-
Under the Constitution, no person may be elected President 3, 16 Apr. 1988) an acting appointment is merely temporary.
unless he is at least forty years of age on the day of the A temporary appointment cannot become a permanent
election. (Sec 2, Art. VII, 1987 Constitution) appointment unless a new appointment which is
permanent is made (Marohombsar v. Alonto, G.R. No. 93711,
25 Feb. 1991). This holds true unless the acting appointment
E. OTHER PRIVILEGES, INHIBITIONS, AND was made because of a temporary vacancy. In such a case,
DISQUALIFICATIONS the temporary appointee holds office until the assumption
of office by the permanent appointee.
A:
1. EXECUTIVE AND ADMINISTRATIVE POWERS 1. Under Sec. 25(a) of the Civil Service Decree, an
(2003 BAR) appointment in the civil service is PERMANENT when
issued to a person who meets all the requirements for
the position to which he is being appointed, including
Q: The President abolished the Office of the
the appropriate eligibility prescribed, in accordance
Presidential Spokesman in Malacañang Palace and a
with the provisions of law, rules and standards
long-standing Bureau under the Department of Interior
promulgated in pursuance thereof. (UPLC Suggested
and Local Governments. The employees of both offices
Answers)
assailed the action of the President for being an
encroachment of legislative powers and thereby void.
2. An appointment in an ACTING CAPACITY extended by
Was the contention of the employees, correct? Explain.
a Department Secretary is not permanent but
(2003 BAR)
temporary. Hence, the Department Secretary may
terminate the services of the appointee at any time. On
A: The contention of the employees is not correct. Sec. 31,
the other hand, an AD INTERIM APPOINTMENT
Book III of the Administrative Code of 1987 has delegated
extended by the President is an appointment which is
the President’s continuing authority to reorganize the
subject to confirmation by the Commission on
administrative structure of the Office of the President to
Appointments and was made during the recess of
Is Atty. B’s contention correct? Explain. (2019 BAR) The appointment of Emmanuel as ambassador to Cameroon
is ad interim because it is subject to confirmation by the
A: NO, B’s contention is not correct. An ad interim Commission on Appointment. (Sec. 16, Art. VII, 1987
appointment is a permanent appointment because it takes Constitution)
effect immediately and can no longer be withdrawn by the
President once the appointee has qualified into office. The (b) A civil society group, the Volunteers Against
fact that it is subject to confirmation by the Commission on Misguided Politics (VAMP), files suit, contesting the
Appointments does not alter its permanent character. legality of the acts of the appointees and claiming
that the appointees should not have entered into
The Constitution itself makes an ad interim appointment the performance of the functions of their respective
permanent in character by making it effective until offices, because their appointments had not yet
A: The invocation by the Board of directors of the doctrine 1. Automatic Price Control — under R.A. No. 7581,
of qualified political agency is improper. The Price Act;
The doctrine of qualified political agency essentially 2. Authorization for the importation of rice under
postulates that the heads of the various executive R.A. No. 8178, The Agricultural Tariffication Act;
departments are the alter egos of the President, and, thus,
the actions taken by such heads in the performance of their 3. Automatic appropriation under R.A. No. 7160 is
official duties have deemed the acts of the President unless available for unforeseen expenditures arising from
the President himself should disapprove such acts. This the occurrence of calamities in areas declared to be
doctrine is in recognition of the fact that in our presidential in a state of calamity;
form of government, all executive organizations are
adjuncts of a single Chief executive; that the heads of the 4. Local government units may enact a supplemental
executive Departments are assistants and agents of the budget for supplies and materials or payment of
Chief Executive; and that the multiple executive functions of services to prevent danger to or loss of life or
the president as the Chief Executive are performed through property, under R.A. No. 7160;
the Executive Departments. The doctrine has been adopted
6. Entitlement to hazard allowance for science and (a) Is component 1 of the CNSS constitutional? Explain.
technological personnel of the government
under R.A. No. 8439; and A: NO, component 1 of the CNSS is not constitutional. Inside
the 1987 Constitution is a well-entrenched constitutional
7. A crime committed during a state of calamity will precept that One President means that there are certain acts
be considered aggravated under Art. 14, par. 7 of which, by their very nature, may only be performed by the
the Revised Penal Code. (UPLC Suggested Answers) president as the Head of State. One of the acts is one
inherent in the Commander-in-Chief powers of the
Q: During a press conference, President Acosta president which is the calling out powers. This power is
explained that the Executive Department can vested upon the President alone as an act of lesser gravity
temporarily take over the operation of any privately with the act of declaring martial law. As cited in Villena,
owned public utility or business affected with public there are constitutional powers and prerogatives of the
interest to address the short- age of hospital beds Chief Executive of the Nation which cannot be used by any
occasioned by the COVID-19 pandemic. She invokes other person either through ratification or approval
Article XII, Section 17 of the 1987 Philippine because it must be exercised by him in person. (Kulayan v.
Constitution, which provides that: "In times of national Gov. Tan, G.R. No. 187298, 03 July. 2012)
emergency, when the public interest so requires, the
State may, during the emergency and under reasonable (b) Is component 2 of the CNSS constitutional? Explain.
terms pre- scribed by it, temporarily take over or direct
the operation of any privately owned public utility or A: YES, component 2 of the CNSS is constitutional. A plain
business affected with public interest." Is President reading of Section 18, Article VII of the Constitution shows
Acosta correct? Explain briefly. (2022 BAR) that the President's power to declare martial law is not
subject to any condition except for the requirements of
A: No, she is not correct. Although the President may actual invasion or rebellion and that public safety requires
proclaim a state of emergency, as this is among her it. In Lagman v. Medialdea, the Court ruled that even the
recognized ordinance powers under the general provisions recommendation of, or consultation with, the Secretary of
of the Administrative Code, she cannot, without a prior law, National Defense, or other high-ranking military officials, is
exercise emergency powers. Said powers can be exercised not a condition for the President to declare martial law.
by her only on the basis of a prior valid delegation of the Therefore, it is only on the President and no other that the
same in her favor under either Section 23 (2) of Article VI exercise of the powers of the Commander-in-Chief under
or Section 17 of Article XII of the Constitution. (David v. Section 18, Article VII of the Constitution is bestowed.
Arroyo, G.R. No. 171396, 03 May 2006) (Central Bar Q&As by (Lagman v. Medialdea, G.R. No. 231658, 04 July 2017)
Cruz, 2023)
5. COMMANDER-IN-CHIEF POWERS
Q: The continuing threat to the security of the State in (2020-21, 2017, 2015, 2006, 2000 BAR)
various parts of the country prompted the National
Security Adviser of the President to adopt a
Q: Distinguish the President's authority to declare a
"Comprehensive National Security Strategy (CNSS)"
state of rebellion from the authority to proclaim a state
with the following components:
of national emergency. (2015 BAR)
A: NO, it is not. Under Section 18 of Article VII of the A: The Supreme Court should rule that his determination is
Constitution, a state of martial law does not automatically not conclusive upon the courts. The 1987 Constitution
suspend the privilege of the writ of habeas corpus. A allows a citizen, in an appropriate proceeding, to file a
separate or concurrent proclamation by the President petition questioning the sufficiency of the factual basis of
would be necessary for such suspension. said proclamation. Moreover, the power to suspend the
privilege of the writ of habeas corpus and the power to
Accordingly, the police officers cannot justify their impose martial law involve the curtailment and
warrantless arrests on this basis. (Central Bar Q&As by Cruz, suppression of certain basic civil rights and individual
2023) freedoms, and thus necessitate safeguards by Congress and
review by the Supreme Court (IBP v. Zamora, G.R. No.
Q: To contain the spread of a virus, and in line with the 141284, 15 Aug. 2000).
World Health Organization’s declaration of a pandemic,
the President declared Martial law throughout the (c) The Solicitor General argues that, in any event, the
entire Philippine archipelago. As an additional determination of whether the rebellion poses
justification, the Proclamation declaring martial law danger to public safety involves a question of fact
cited the possibility that health protocols might not be and the Supreme Court is not a trier of facts. What
followed. should be the ruling of the Court?
A law student filed a petition before the Supreme Court A: Judicial power includes the duty of the courts of justice
questioning the sufficiency of the constitutional and to settle actual controversies involving rights which are
factual bases for the martial law declaration. legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
Does the law student have standing to file this action? amounting to lack or excess of jurisdiction on the part of any
Explain briefly. (2020-21 BAR) branch or instrumentality of the Government. (Sec. 1 (2),
Art. VIII, 1987 Constitution) When the grant of power is
A: YES. Under the Constitution, any citizen may file an qualified, conditional, or subject to limitations, the issue of
appropriate proceeding questioning the sufficiency of the whether the prescribed qualifications or conditions have
factual basis for any proclamation of martial law or been met or the limitations respected, is justiciable — the
suspension of the privilege of the writ of habeas corpus. (Sec. problem being one of legality or validity, not its wisdom.
18(3), Art. VII, 1987 Constitution; Lagman v. Medialdea, G.R. The Supreme Court has the power to review, in an
No. 231658, 04 July 2017) appropriate proceeding filed by any citizen, the sufficiency
of the factual basis of the proclamation of martial law. (Sec.
Q: The President issued a Proclamation No. 1018 18, Art. VII, 1987 Constitution) Thus, in the matter of such
placing the Philippines under Martial Law on the declaration, two conditions must concur: (1) there must be
ground that a rebellion staged by lawless elements is an actual invasion or rebellion; and (2) public safety must
endangering public safety. Pursuant to the require it. The Supreme Court cannot renege on its
Proclamation, suspected rebels were arrested and constitutional duty to determine whether or not the said
detained, and military tribunals were set up to try factual conditions exist. (IBP v. Zamora, G.R. No. 141284, 15
them. Robert dela Cruz, a citizen, filed with the Aug. 2000)
Supreme Court a petition questioning the validity of
Proclamation No. 1018. (2006 BAR) (d) Finally, the Solicitor General maintains that the
President reported to Congress such proclamation
(a) Does Robert have a standing to challenge of Martial Law, but Congress did not revoke the
Proclamation No. 1018? Explain. proclamation. What is the effect of the inaction of
Congress on the suit brought by Robert to the
A: YES, Robert has standing. The Supreme Court may Supreme Court?
review, in an appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the proclamation of
The only instances in which the President may not extend A: A person convicted in an impeachment proceeding is
pardon remain to be in: subject to prosecution, trial and punishment in an ordinary
1. impeachment cases; criminal action. (Sec. 19, Art. VII, 1987 Constitution)
2. cases that have not yet resulted in a final
conviction; and Q: ST, a Regional Trial Court judge who falsified his
3. cases involving violations of election laws, rules Certificate of Service, was found liable by the Supreme
and regulations in which there was no favorable Court for serious misconduct and inefficiency and
recommendation coming from the COMELEC. meted the penalty of suspension from office for 6
months. Subsequently, ST filed a petition for executive
Any act of Congress by way of statute cannot operate to clemency with the Office of the President. The Executive
delimit the pardoning power of the President. (Risos-Vidal Secretary, acting on said petition issued a resolution
v. COMELEC, G.R. No. 206666, 21 Jan. 2015) granting ST executive clemency. Is the grant of
executive clemency valid? Why or why not? (2008 BAR)
Q: Distinguish between pardon and amnesty. (2017,
1999 BAR) A: NO, the grant of executive clemency is not valid. First, in
this case, the power of executive clemency cannot be
A: The following are the distinctions between pardon and delegated for it was not signed by the President himself but
amnesty: by the Executive Secretary and second, the power of
1. Pardon is a private act and must be pleaded and executive clemency cannot extend to administrative cases
proved by the person pardoned, while amnesty is a in the Judiciary, because it will violate the principle of
public act of which courts take judicial notice; separation of powers and impair the power of the Supreme
2. Pardon does not require the concurrence of Court under Section 6, Article VIII of the Constitution of
Congress, while amnesty requires the concurrence administrative supervision over all courts. (Petition for
of Congress; Judicial Clemency of Romillo, G.R. No. 97091, 09 Dec. 1997)
3. Pardon is granted to individuals, while amnesty is
granted to classes of persons or communities; Q: Bruno still had several years to serve on his sentence
4. Pardon may be granted for any offense, while when he was conditionally pardoned by the President.
amnesty is granted for political offenses; Among the conditions imposed was that he would "not
5. Pardon is granted after final conviction, while again violate any of the penal laws of the Philippines."
amnesty may be granted at any time; and Bruno accepted all of the conditions and was released.
6. Pardon looks forward and relieves the offender Shortly thereafter, Bruno was charged with 2 counts of
from the consequences of his offense, while estafa. He was then incarcerated to serve the expired
amnesty looks backward and the person granted it portion of his sentence following the revocation by the
stands before the law as though he had committed President of the pardon.
no offense. (Barrioquinto v. Fernandez, G.R. No. L-
1278, 21 Jan. 1949) Bruno's family filed a petition for habeas corpus,
alleging that it was an error to have him recommitted
A: Monetary Board. (Sec. 20, Art. VII, 1987 Constitution) It is within the authority of the President to refuse to submit
a treaty to the Senate or, having secured its consent for its
Q: What are the restrictions prescribed by the ratification, refuse to ratify it. The refusal of a state to ratify
Constitution on the power of the President to contract a treaty which has been signed on its behalf is a decision
or guarantee foreign loans on behalf of the Republic of which is within the competence of the President alone,
the Philippines? Explain. (1999 BAR) which cannot be encroached upon by the courts via a writ
of mandamus. Courts have no jurisdiction over actions
A: Under Sec. 20, Art. VII of the Constitution, the power of the seeking to enjoin the President in the performance of his
President to contract or guarantee loans on behalf of the official duties. The writ of mandamus prayed for by the
Republic of the Philippines is subject to the prior petitioners cannot prosper or be granted as it is beyond the
concurrence of the Monetary Board and subject to such jurisdiction of courts to compel the executive branch of the
limitations as may be prescribed by law. (UPLC Suggested government to transmit the signed text of the treaty to the
Answers) Senate. (Pimentel v. Executive Secretary, G.R. No. 158088, 16
Jul. 2008, cited in Pangilinan v. Cayetano, G.R. Nos. 238875,
c) ENTRY INTO TREATIES OR INTERNATIONAL 239483 & 240954, 16 Mar. 2021)
AGREEMENTS
(2020-21, 2019, 2015, 1996 BAR) Q: The Philippines and the Republic of Kroi Sha
established diplomatic relations and immediately their
Q: Under the 1987 Constitution, to whom does each respective Presidents signed the following:
duty / power / privilege / prohibition/ disqualification
apply: 1. Executive Agreement allowing the Republic of
Kroi Sha to establish its embassy and consular
The power to ratify treaties and international offices within Metro Manila; and
agreements. (2019 BAR)
2. Executive Agreement allowing the Republic of
A: The President. (Bayan v. Zamora, G.R. No. 138570, 10 Oct. Kroi Sha to bring to the Philippines its military
2000) complement, warships, and armaments from
ALTERNATIVE ANSWER: time to time for a period not exceeding one
month for the purpose of training exercises
The Senate. (Sec. 21. Art. VII, 1987 Constitution, based on with the Philippine military forces and
jurisprudence, Saguisag v. Ochoa, G.R. No. 212426, 12 Jan. exempting from Philippine criminal
2016; Pimentel, Jr. v Executive Secretary, G.R. No. 158088, 06 jurisdiction acts committed in the line of duty
July 2005) by foreign military personnel, and from paying
custom duties on all the goods brought by said
Q: Can the House of Representatives take active part in foreign forces into Philippine territory in
the conduct of foreign relations, particularly in connection with the holding of the activities
entering into treaties and international agreements? authorized under the said Executive
Explain. (1996 BAR) Agreement.
A: NO, the House of Representatives cannot take active part Senator Maagap questioned the constitutionality of the
in the conduct of foreign relations, particularly in entering said Executive Agreements and demanded that the
into treaties and international agreements. The President Executive Agreements be submitted to the Senate for
alone is the representative of the nation in the conduct of ratification pursuant to the Philippine Constitution. Is
foreign affairs. (United States v. Curtiss-Wright Export Senator Maagap correct? Explain. (2015 BAR)
Corporation, 299 U.S. 304, 21 Dec. 1936) Although the Senate
has the power to concur in treaties, the President alone A: The Executive Agreement allowing the Republic of Kroi
negotiates treaties and Congress is powerless to intrude Sha to establish its embassy and consular offices within
On the other hand, an item veto or partial veto, is the IV. JUDICIAL DEPARTMENT
power of a President to nullify or cancel specific provisions
of a bill, usually a budget appropriations bill, without
vetoing the entire legislative package. (UPLC Suggested
Answers)
A. CONCEPT OF JUDICIAL POWER
Q: What are the limitations/restrictions provided by (2012, 2008, 2004, 1994 BAR)
the Constitution on the power of Congress to authorize
the President to fix tariff rates, import and export
quotas, tonnage and wharfage dues. Explain. (1999 Q: Mr. Yellow and Mr. Orange were the leading
BAR) candidates in the vice-presidential elections. After
elections, Yellow emerged as the winner by a slim
A: Congress may, by law, authorize the President to fix margin of 100,000 votes. Undaunted, Orange filed a
within specified limits, and subject to such limitations and protest with the Presidential Electoral Tribunal (PET).
restrictions it may impose, tariff rates, import and export After due consideration of the facts and the issues, the
quotas, tonnage and wharfage dues and other duties or PET ruled that Orange was the real winner of the
imposts within the framework of the national development elections and ordered his immediate proclamation.
program of the Government. (Sec. 28(2), Art. VI, 1987 (2012 BAR)
Constitution)
(a) Aggrieved, Yellow filed with the Supreme Court a
Q: The President, concerned about persistent reports of Petition for Certiorari challenging the decision of
widespread irregularities and shenanigans related to the PET alleging grave abuse of discretion. Does the
the alleged ghost projects with which the pork barrel Supreme Court have jurisdiction? Explain.
funds of members of Congress had been associated,
decided not to release the funds authorized under a A: The Supreme Court has no jurisdiction over the petition.
Special Appropriations Act for the construction of a The PET is not simply an agency to which the Members of
new bridge. The Chief Executive explained that to the Supreme Court were assigned. It is not separate from
properly conserve and preserve the limited funds of the the Supreme Court. (Macalintal v. PET, G.R. No. 191618, 23
government, as well as to avoid further mistrust by the Nov. 2010)
people, such a project – which he considered
unnecessary since there was an old bridge near the (b) Would the answer in a. be the same if Yellow and
proposed bridge which was still functional – should be Orange were contending for a senatorial slot and it
(d) What is judicial power? Explain Briefly. What is the effect of the addition in the 1987
Constitution of the following provision: “Judicial power
A: Judicial power - Section 1(1) Art. VIII, 1987 Constitution is includes the courts of justice to settle actual
the authority to settle justifiable controversies or disputes controversies involving rights which are legally
involving rights that are enforceable and demandable demandable and enforceable, and to determine whether
before the courts of justice or the redress of wrongs for or not there has been grave abuse of discretion
violation of such rights. (Lopez v. Roxas, G.R. No. L-25716, 28 amounting to lack or excess of jurisdiction on the part of
Jul. 1966) It includes the duty of the courts to settle actual any branch or instrumentality of the government”?
controversies involving rights that are legally demandable Discuss briefly, citing at least one illustrative case. (2004
and enforceable and to determine whether or not there has BAR)
been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality A: The effect of the second paragraph of Section 1, Art. VIII of
of the government. (Sec. 1, Art. VIII, 1987 Constitution) the 1987 Constitution is to limit resort to the political
question doctrine and to broaden the scope of judicial
Q: The President alone without the concurrence of the inquiry into areas which the Judiciary, under the previous
Senate abrogated a treaty. Assume that the other Constitutions, would have left to the political departments to
country-party to the treaty is agreeable to the decide. If a political question is involved, the Judiciary can
abrogation provided it complies with the Philippine determine whether or not the official whose action is being
Constitution. questioned acted with grave abuse of discretion amounting
to lack or excess of jurisdiction. (Marcos v. Manglapus, G.R.
If a case involving the validity of the treaty abrogation No. 88211, 15 Sept. 1989; Daza v. Singson, G.R. No. 86344. 21
is brought to the Supreme Court, how should it be Dec. 1989) Thus, although the HRET has exclusive
resolved? (2008 BAR) jurisdiction to decide election contests involving members of
the House of Representatives, the Supreme Court nullified
A: The Supreme Court should dismiss the case. The the removal of one of its members for voting in favor of the
jurisdiction of the Supreme Court over a treaty is only for protestant, who belonged to a different party. (Bondoc v.
questions of its constitutionality or validity. In other words, Pineda, G.R. No. 97710, 26 Sept. 1991)
the question should involve the constitutionality of a treaty
or its validity with a statute. (Gonzales v. Hechanova, G.R. No. Q: What is the difference, if any, between the scope of
L-21897 22 Oct. 1963) It does not pertain to the termination judicial power under the 1987 Constitution on one
of a treaty. hand, and the 1935 and the 1973 Constitutions on the
other? (1994 BAR)
The authority of the Senate over treaties is limited to
concurrence. (Sec. 21, Art. VIII, 1987 Constitution) There A: The scope of judicial power under the 1987 Constitution
being no express constitutional provision regulating the is broader than its scope under the 1935 and 1973
termination of treaties, it is presumed that the power of the Constitution because of the second paragraph of Sec. 1, Art.
President over treaty agreements and foreign relations VIII of the 1987 Constitution, which states that it includes the
includes the authority to “abrogate” treaties. The duty to determine whether or not there has been a grave
termination of the treaty by the President without the abuse of discretion amounting to lack or excess of
concurrence of the Senate is not subject to constitutional jurisdiction on the part of any branch or instrumentality of
attack, there being no Senate authority to that effect. the Government. As held in Marcos v. Manglapus (G.R. No.
88211, 15 Sept. 1989) this provision limits resort to the
The Philippines is a party to the Vienna Convention on the political question doctrine and broadens the scope of
Law of Treaties. Hence, the said Convention this becoming juridical inquiry into areas that the courts under the 1935
part of Philippine Law governs the activities of the
Judicial power includes the duty of the courts of justice to Is SDO’s petition before the Supreme Court justiciable?
settle actual controversies involving rights which are legally (2004 BAR)
demandable and enforceable, and to determine whether or
not there has been a grave abuse of discretion amounting to A: While under Sec. 1, Art. VIII of the 1987 Constitution the
lack or excess of jurisdiction on the part of any branch or Supreme Court may inquire whether or not the decision to
instrumentality of the Government. (Sec. 1, Art. VIII, 1987 expel SDO is tainted with grave abuse of discretion
Constitution) amounting to lack or excess of jurisdiction, the petition
should be dismissed. In Alejandrino v. Quezon (G.R. No.
The second paragraph of the cited provision was not found 22041, 11 Sept. 1924), the Supreme Court held that it could
in the 1935 and 1973 Constitutions. It contains a new not compel the Senate to reinstate a Senator who assaulted
definition of judicial power, particularly the scope thereof. another senator and was suspended for disorderly
The first portion represents the traditional concept of behavior, because it could not compel a separate and
judicial power, involving the settlement of conflicting rights coequal department to take any particular action. In
by law, which presumably was implicit in the 1935 and 1973 Osmeña v. Pendatun (G.R. No. L-17144, 28 Oct. 1960), it was
Constitutions. The second (latter) portion of the definition held that the Supreme Court could not interfere with the
represents a broadening of the scope of the judicial power suspension of a Congressman for disorderly behavior,
or, in the language of the Supreme Court, conferment of because the House of Representatives is the judge of what
“expanded jurisdiction” on the judiciary (Daza v. Singson, constitutes disorderly behavior. The assault of a fellow
G.R. No. 86344 21 Dec. 1989) to enable the courts to review Senator constitutes disorderly behavior.
the exercise of discretion by the political departments of
government. This new prerogative of the judiciary as now Q: Andres Ang was born of a Chinese father and a
recognized under the 1987 Constitution was not Filipino mother in Sorsogon, Sorsogon on 20 Jan. 1973.
constitutionally permissible under the 1935 and 1973 In 1988, his father was naturalized as a Filipino citizen.
Charters. On 11 May 1998, Andres Ang was elected
Representative of the First District of Sorsogon. Juan
Bonto, who received the second highest number of
B. JUDICIAL REVIEW votes, filed a petition for Quo Warranto against Ang.
(2015, 2014, 2009, 2004, 1998, 1997, 1995, 1994 BAR) The petition was filed with the House of
Representative Electoral Tribunal (HRET). Bonto
contends that Ang is not a natural born citizen of the
Philippines and therefore is disqualified to be a
Q: What is the concept of expanded judicial review
member of the House.
under the 1987 Constitution? (2015 BAR)
Q: Assume that the constitutional question raised in a A: YES, Sec. 1 (2), Art. VIII of the 1987 Constitution has
petition before the Supreme Court is the lis mota of the expanded the power of the Judiciary to include political
In determining whether grave abuse of discretion Q: In Serrano v. Gallant Maritime Services, Inc., the
amounting to excess or lack of jurisdiction has been Supreme Court declared as violative of the Equal
committed by any branch or instrumentality of the Protection Clause Sec. 10 (5), R.A. No. 8042 (Migrant
government, the Court is guided primarily, by the Workers and Overseas Filipinos Act of 1995) for
Constitution, and secondarily, by existing domestic and discriminating against illegally dismissed OFWs who
international law, which set limits or conditions to the still had more than a year to their contract compared to
powers and functions conferred upon these political bodies. those who only had less than a year remaining. The next
Thus, when a case is brought before the Court with serious year, Congress enacted R.A. No 10222, an amendment to
allegations that a law or executive issuance infringes upon the Migrant Workers and Overseas Filipinos Act, which
the Constitution, as in these consolidated cases, it becomes practically reinstated the provision struck down in
not only the right but in fact the duty of the Court to settle Serrano. Seamacho, an overseas seafarer who still had
the dispute. In doing so, the Court is "not judging the two years remaining on his contract when he was
wisdom of an act of a coequal department but is merely illegally terminated, and who would only be entitled to
ensuring that the Constitution is upheld." (Council of a maximum of six-month’s pay under the reinstated
Teachers and Staff of Colleges and Universities of the provision, engages you as his counsel.
Philippines v. Sec. of Education, G.R. No. 216930, 09 Oct. 2018)
How are you to argue that the new law is invalid insofar
(b) In your opinion, how should such definition be as it brings back to the statute books a provision that
construed so as not to erode considerably or has already been struck down by the Court? (2014 BAR)
disregard entirely the existing “political question”
doctrine? Discuss fully. A: I will argue that since Sec. 10 of R.A. No. 8042 has already
been declared unconstitutional by the Supreme Court, its
A: As pointed out in Marcos v. Manglapus (G.R. No. 88211, 15 nullity cannot be cured by reincorporation or reenactment
Sept. 1989) so as not to disregard entirely the political of the same or a similar law or provision. Once a law has
question doctrine, the extent of judicial review when been declared unconstitutional, it remains
political questions are involved should be limited to a unconstitutional unless circumstances have changed as to
determination of whether or not there has been a grave warrant a reverse conclusion. (Sameer Overseas Placement
abuse of discretion amounting to lack or excess of Agency v. Cabiles, G.R. No. 170139, 05 Aug. 2014)
jurisdiction on the part of the official whose act is being
questioned. If grave abuse of discretion is not shown, the
courts should not substitute their judgment for that of the C. JUDICIAL INDEPENDENCE AND
official; concerned and decide a matter which by its nature FISCAL AUTONOMY
or by law is for the latter alone to decide. (2017, 2000 BAR)
3. MOOT QUESTIONS
Q: Name at least three constitutional safeguards to
4. OPERATIVE FACT DOCTRINE maintain judicial independence. (2000 BAR)
(2014, 2009 BAR)
A: The following are the constitutional safeguards to
maintain judicial independence:
Q: Define/explain: Doctrine of operative facts (2009
1. The Supreme Court is a constitutional body and
BAR)
cannot be abolished by mere legislation;
2. The members of the Supreme Court cannot be
A: The doctrine of operative facts means that before a law
removed except by Impeachment;
was declared unconstitutional, its actual existence must be
taken into account and whatever was done while the law
1. COMPOSITION, POWERS, AND FUNCTIONS Accordingly, the provincial legal officer’s prayer in the
(2020-21, 2018, 2016, 2015, 2014, 2013, 2009, 2008 subject motion to dismiss should be denied.
BAR)
Q: Both the House of Representatives and the Senate
Q: Differentiate the rule-making power or the power of passed a bill which: (a) increases the number of
the Supreme Court to promulgate rules under Sec. 5, Supreme Court Justices from 15 to 20; (b) assigns the
Art. VIII of the 1987 Constitution and judicial five most senior Justices, including the Chief Justice,
legislation. (2015 BAR) exclusively to Special Division that will tackle only
constitutional cases; and (c) removes from the Supreme
A: The rule-making power of the Supreme Court is the Court En Banc the power to hear and decide cases
power of the Court to promulgate rules concerning the involving alleged violations of the Constitution.
protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the The Chief Presidential Legal Counsel advises the
admission to the practice of law, the integrated bar, and President to veto the bill, arguing that the law is
legal assistance to the under-privileged. (Sec. 5 (5), Art. VIII, unconstitutional because its contents should be the
1987 Constitution) subject of constitutional amendment rather than of
legislation.
On the other hand, judicial legislation is a breach of the
doctrine of separation of powers. Verily, the primordial Is the Chief Presidential Legal Counsel argument
duty of the Court is merely to apply the law in such a way constitutionally sound? Explain briefly. (2020-21 BAR)
that it shall not usurp legislative powers by judicial
legislation and that in the course of such application or A: YES. The bill actually seeks to alter fixed and self-
construction, it should not make or supervise legislation, or executing provisions of the Constitution which may not be
under the guise of interpretation, modify, revise, amend, changed or altered except by amendment of the
distort, remodel, or rewrite the law, or give the law a Constitution.
construction which is repugnant to its terms. The Court
should apply the law in a manner that would give effect to Any change that adds to, reduces, or deletes any of such
their letter and spirit, especially when the law is clear as to provisions of the Constitution can be done only through
its intent and purpose. Succinctly put, the Court should shy amendment or revision of the same, and not through simple
away from encroaching upon the primary function of a co- legislation. (Art. XVII, 1987 Constitution; Lambino v.
equal branch of the Government; otherwise, this would lead COMELEC, G.R. No. 174153, 25 Oct. 2006)
to an inexcusable breach of the doctrine of separation of
powers by means of judicial legislation. This would be true with respect to the proposals in the bill
to increase the number of Supreme Court Justices which,
Q: A provincial ordinance was passed setting a under the Constitution, is fixed at fifteen (Sec. 4(1), Art. VIII,
province-wide curfew for all minors. This was 1987 Constitution), and to remove from the Supreme Court
challenged through a suit filed before the Regional Trial En Banc the power to hear and decide cases involving
Court having territorial jurisdiction over the province. alleged violation of the Constitution, which is expressly
The provincial legal officer sought the case’s dismissal assigned to it under the Constitution. (Sec. (4), Art. VIII, 1987
on the lone ground that the Supreme Court has sole and Constitution)
exclusive jurisdiction to determine the
constitutionality of a treaty, law, or ordinance. Should Q: Ascertain the constitutionality of the following acts:
the provincial legal officer’s prayer for dismissal be A law prohibiting any court, other than the Supreme
granted? Explain briefly. (2020-21 BAR) Court, from issuing a writ of injunction against an
investigation being conducted by the Ombudsman.
A: NO. it should not be granted. Jurisdiction to determine (2018 BAR)
the constitutionality of treaties, laws and ordinances is not
exclusive to the Supreme Court. Regional Trial Courts have A: The law is unconstitutional. The power to issue
as well jurisdiction to pass upon the constitutionality of injunctive writs is part of judicial power. The rules
those measures. (Planters Products, Inc. v. Fertiphil governing the exercise of this power are within the powers
Corporation, G.R. No. 166006, 14 Mar. 2008) of the Supreme Court to promulgate. The law therefore is an
encroachment of the Court's rule-making power. (Carpio-
Morales v. CA, GR 217126- 27, 10 Nov. 2015)
Rule on the challenge. (2018 BAR) With respect to the rules of procedure of Congress in its
proceedings, legislative inquiries and on impeachment,
A: The challenge is without merit. The rule in international while these rules may be generally considered as political
law is that foreign armed forces allowed to enter one’s questions, when questioned before the courts in a proper
territory are immune from local jurisdiction, except to the case, they would nevertheless be subject to the power of
extent agreed upon. As a result, the situation involved is not judicial review under the second paragraph of Sec. 1, Art.
one in which the power of the Supreme Court to adopt rules VIII of the Constitution, which authorizes it to review and
of procedure is curtailed or violated, rather, it is one in annul all acts of any branch or instrumentality of the
which, as is normally encountered around the world, the government which may be tainted with grave abuse of
laws (including rules of procedure) of one State do not discretion amounting to lack or excess of jurisdiction. (UPLC
extend or apply, except to the extent agreed upon, to Suggested Answers)
subjects of another State due to the recognition of
extraterritorial immunity given to such bodies as visiting Q: Under Sec. 5, Art. VIII of the 1987 Constitution, the
foreign armed forces. Supreme Court shall have the power to “promulgate
rules concerning the protection and enforcement of
Nothing in the Constitution prohibits such agreements constitutional rights, pleading, practice and procedure
recognizing immunity from jurisdiction or some aspects of in all courts” Sec. 23 of R.A. No. 9165 or the
jurisdiction (such as custody), in relation to long- Comprehensive Dangerous Drugs Act of 2002 provides
recognized subjects of such immunity, like Heads of State, that “any person charged under any provision of this
diplomats and members of the armed forces contingents of Act regardless of the imposable penalty shall not be
a foreign State allowed to enter another State’s territory. allowed to avail of the provision on plea-bargaining.”
The Constitution, on the contrary, states that the Patricio, a user who was charged with alleged sale of
Philippines adopts the generally accepted principles of shabu but who wants to enter into a plea of guilty to a
international law as part of the law of the land. (Sec. 2, Art. charge of possession, questions the constitutionality of
II, 1987 Constitution) Sec. 23 on the ground that Congress encroached on the
rule-making power of the Supreme Court under Sec. 5,
Q: Sec. 9 of P.D. 1606, as amended, provides that the Art. VIII. He argues that plea- bargaining is procedural
Sandiganbayan may adopt internal rules governing all in nature and is within the exclusive constitutional
allotment of cases among its divisions, the rotation of power of the Court. Is Patricio correct? Explain your
justices among them, and other matters relating to the answer. (2016 BAR)
internal operations of the court.
A: Patricio is correct. It is unconstitutional for being
Sec. 6, Art. IX-A of the Constitution allows each of the contrary to the rule-making authority of the Supreme Court
Constitutional Commissions “en banc [to] promulgate under Sec. 5(5), Art. VIII of the 1987 Constitution. The power
its own rules concerning pleadings and practice before to promulgate rules of pleading, practice and procedure is
it or before any of its offices. Such rules however shall now in the exclusive domain of the Judiciary and no longer
not diminish, increase, or modify substantive rights.” shared with the Executive and Legislative departments.
Sec. 16(3) of Art. VI of the Constitution states that “Each Plea bargaining is essentially a rule of procedure. It is
House may determine the rules of its proceedings.” Sec. towards the provision of a simplified and inexpensive
Q: Congress enacted a law exempting certain A: The statutory authority granted to the administrative
government institutions providing social services from Board to promulgate rules and regulations cannot encroach
the payment of court fees. Atty. Kristopher Timoteo upon the exclusive authority of the Supreme Court to
challenged the constitutionality of the said law on the regulate the admission to the practice of law. (Sec.5(5), Art.
ground that only the Supreme Court has the power to VIII of the Constitution)
fix and exempt said entities from the payment of court Thus, The Administrative Board cannot prescribe
fees. additional standards for admission to the practice of law,
adopt a course study which is inconsistent with the
Congress, on the other hand, argues that the law is requirements to take the bar examinations. (Philippine
constitutional as it has the power to enact said law for Lawyer’s Association v. Agrava, G.R. No. L-12426, 16 Feb.
it was through legislative fiat that the Judiciary 1959) Since Congress has no power to repeal, alter or
Development Fund (JDF) and the Special Allowance for supplement the Rules of Court, it cannot delegate such
Judges and Justices (SAJJ), the funding of which are power to the Administrative Board.
sourced from the fees collected by the courts, were
created. Thus, Congress further argues that if it can Q: TRUE or FALSE. A law fixing the passing grade in the
enact a law utilizing court fees to fund the JDF and SAJJ, Bar examinations at 70%, with no grade lower than
a fortiori it can enact a law exempting the payment of 40% in any subject, is constitutional. (2009 BAR)
court fees.
A: FALSE. Such a law entails amendment of the Rules of
Discuss the constitutionality of the said law, taking into Court promulgated by the Supreme Court. The present
account the arguments of both parties (2014 BAR) Constitution has taken away the power of Congress to alter
the Rules of Court. (Echegaray v. Secretary of Justice, G.R. No.
A: The law is unconstitutional. The Constitution has taken 132601, 19 Jan. 1999) The law will violate the principle of
away the power of Congress to repeal, alter or supplement separation of powers.
the Rules of Court. The fiscal autonomy guaranteed the
Judiciary by Sec. 3, Art. VIII of the 1987 Constitution Q: Congress enacted a law providing for trial by jury for
recognized the authority of the Supreme Court to levy, those charged with crimes or offenses punishable by
assess and collect fees. Congress cannot amend the rules reclusion perpetua or life imprisonment. The law
promulgated by the Supreme Court for the payment of legal provides for the qualifications of members of the jury,
fees by granting exemptions. (In re: Petition for Recognition the guidelines for the bar and bench for their selection,
the manner a trial by jury shall operate, and the
A: The decision can no longer be promulgated if the Justice A: The COA. (Sec. 2(1), Art. IX-D, 1987 Constitution)
who belonged to the majority died, for lack of majority vote.
The vote he cast is no longer valid, as he was no longer an (b) The authority to provide for the
incumbent member of the Supreme Court. (Lao v. To-Chip, standardization of compensation of
G.R. No. 76597, 26 Feb. 1988) government officials and employees.
The decision can be promulgated even if the Supreme Court Q: What is the meaning and guarantee of security of
en banc is equally divided, if after the case was again tenure? (1999 BAR)
deliberated upon, no majority decision was reached. If the
case is an original action, it should be dismissed. If it is an A: According to Palmera v. CSC (G.R. No. 110168, 04 Aug.
appealed case, the decision appealed from should be 1994), Security of Tenure means that no officer or employee
affirmed if it is a civil case. If it is a criminal case, the accused in the Civil Service shall be suspended or dismissed except
should be acquitted. (Sec. 7, Rule 56 of the Rules of Court; Sec. for cause as provided by law and after due process.
3, Rule 125, Revised Rules on Criminal Procedure)
Q: Ricardo was elected Dean of the College of Education
(c) If the decision was still being finalized, should the in a State University for a term of five years unless
Court release to the public the majority decision sooner terminated. Many were not pleased with his
and the separate opinions as originally announced, performance. To appease those critical of him, the
together with their deliberations on the issues? President created a new position that of Special
Assistant to the President with the rank of Dean,
A: The Supreme Court should not release to the public the without reduction in salary, and appointed Ricardo to
majority opinion and the separate opinions, as well as its said position in the interest of the service.
deliberations. They are part of its confidential internal Contemporaneously, the University President
deliberations. (Limkaichong v. COMELEC, G.R. No. 178831- appointed Santos as Acting Dean in place of Ricardo.
32, 30 July 2009) (2005 BAR)
The CSC, in a memorandum-order, directs the Q: The Congress establishes by law Philippine Funds,
corporation to comply with the Civil Service Rules in Inc., a private corporation, to receive foreign donations
the appointment of all its officers and employees. The coming from abroad during national and local
memorandum-order of the CSC is assailed by the calamities and disasters, and to enable the
corporation, as well as by its officers and employees, unhampered and speedy disbursements of the
before the court. How should the case be resolved? donations through the mere action of its Board of
(2003 BAR) Directors. Thereby, delays in the release of the donated
funds occasioned by the stringent rules of
A: The memorandum-order of the CSC should be declared procurement would be avoided. Also, the releases
void. Under Sec. 2 (1), Art. IX-B of the 1987 Constitution would not come under the jurisdiction of the COA.
government-owned or controlled corporations organized
under the Corporation Code are not covered by the Civil Can Congress pass the law that would exempt the
Service Law but by the Labor Code, because only foreign grants from the jurisdiction of the COA? Explain
government-owned or controlled corporations with your answer. (2017 BAR)
original charters are covered by the Civil Service.
(Gamogamo v. PNOC Shipping and Transit Corporation, G.R. A: Congress cannot exempt the foreign grants from the
No. 141707, 07 May 2002) jurisdiction of the COA. Its jurisdiction extends to all
government-owned or controlled corporations, including
Q: Luzviminda Marfel, joined by eleven other those funded by donations through the Government. (Sec.
retrenched employees, filed a complaint with the 3, Art IX-D, 1987 Philippine Constitution; Petitioner-
Department of Labor and Employment (DOLE) for Organizations v. Exec. Sec., G.R. Nos. 147036-37 & 147811, 10
unpaid retrenchment or separation pay, Apr. 2012)
underpayment of wages and non-payment of
emergency cost of living allowance. The complaint was Q: Towards the end of the year, the COA sought the
filed against Food Terminal, Inc. remainder of its appropriation from the Department of
Budget and Management (DBM). However, the DBM
Food Terminal Inc. moved to dismiss on the ground of refused because the COA had not yet submitted a
lack of jurisdiction, theorizing that it is a government- report on the expenditures relative to the earlier
owned and controlled corporation, and its employees amount released to it. And, pursuant to the “no report,
are governed by the Civil Service Law and not by the no release” policy of the DBM, COA is not entitled to any
Labor Code. Marfel opposed the motion to dismiss, further releases in the meantime. COA counters that
contending that although Food Terminal, Inc. is a such a policy contravenes the guaranty of fiscal
corporation owned and controlled by the government autonomy granted by the Constitution.
earlier created and organized under the general
A: Raintree Corporation must file its claim with the COA, Q: Professor Masipag who holds a plantilla or regular
Under Sec. 2(1) IX-D of the Constitution, the COA has the item in the University of the Philippines (UP) is
authority to settle all accounts pertaining to expenditure of appointed as an Executive Assistant in the CA. The
public funds. professor is considered only on leave of absence in UP
while he reports for work at the CA which shall pay him
Raintree Corporation cannot file a case in court. The the salary of the Executive Assistant. The appointment
Republic of the Philippines did not waive its immunity from to the CA position was questioned, but Professor
suit when it entered into the contract with Raintree Masipag countered that he will not collect the salary for
Corporation for the supply of ponchos for the use of the both positions; hence, he cannot be accused of
Armed Forces of the Philippines. The contract involves the receiving double compensation. Is the argument of the
defense of the Philippines and therefore relates to a professor valid? Explain. (2015 BAR)
sovereign function.
A: Although Professor Masipag is correct in saying that he
In United States v. Ruiz (G.R. No. L-35645, 22 May 1985), the cannot be accused of receiving double compensation as he
Supreme Court held: "The restrictive application of State would not actually be receiving additional or double
immunity is proper only when the proceedings arise out of compensation, it is submitted that he may nevertheless not
commercial transactions of the foreign sovereign. Stated be allowed to accept the position of Executive Assistant of
differently, a State may be said to have descended to the the CA during his incumbency as a regular employee of the
level of an individual and can thus be deemed to have tacitly University of the Philippines, as the former would be an
given its consent to be sued only when it enters into incompatible office not allowed to be concurrently held by
Decide whether Mr. Lacqui Chan suffers from a (b) An alien to a citizen; on their spouses and
disqualification or not. (2001 BAR) children? Discuss.
A: Lacqui Chan is a Filipino citizen and need not elect A: Under Sec. 15 of the Revised Naturalization Law, a foreign
Philippine citizenship. His father, Hap Chan, a Spanish woman who marries a Filipino citizen becomes a Filipino
subject, was residing in the Philippines on April 11, 1899, citizen provided she possesses none of the
and continued to reside in the Philippines. In accordance disqualifications for naturalization. (Mo Ya Lim Yao v.
with Sec. 4 of the Philippine Bill of 1902, he was a Filipino Commissioner of Immigration, G.R. No. L-21289, 04 Oct.
citizen. Hence, in accordance with Sec. 1(3) of the 1935 1971) A foreign man who marries a Filipino citizen does
Constitution, Lacqui Chan is a natural born Filipino citizen, not acquire Philippine citizenship. However, under Sec. 3 of
since his father was a Filipino citizen. (UPLC Suggested the Revised Naturalization Law, in such a case the residence
Answers) requirement for naturalization will be reduced from ten
(10) to five (5) years. The children of an alien and a Filipino
Q: Andres Ang was born of a Chinese father and a citizen are citizens of the Philippines. (Sec. 1 (1), Art. IV,
Filipino mother in Sorsogon, Sorsogon on January 20, 1987 Constitution)
1973. In 1988, his father was naturalized as a Filipino
citizen. On May 11, 1998, Andres Ang was elected Q: Lim Tong Biao, a Chinese citizen applied for and was
Representative of the First District of Sorsogon. Juan granted Philippine citizenship by the court. He took his
Bonto who received the second highest number of oath as citizen of the Philippines in July 1963. In 1975,
votes, filed a petition for Quo Warranto against Ang. the Office of the Solicitor General filed a petition to
The petition was filed with the HRET. Bonto contends cancel his Philippine citizenship for the reason that in
that Ang is not a natural born citizen of the Philippines August 1963, the Court of Tax Appeals found him guilty
and therefore is disqualified to be a member of the of tax evasion for deliberately understating his income
House. taxes for the years 1959-1961. (1998 BAR)
The HRET ruled in favor of Ang. Bonto filed a petition (a) Could Lim Tong Biao raise the defense of
for certiorari in the Supreme Court. The following issue prescription of the action for cancellation of his
is raised: Whether Ang is a natural born citizen of the Filipino citizenship?
Philippines. How should this case be decided? (1998
BAR) A: NO, Lim Tong Biao cannot raise the defense of
prescription. A decision granting citizenship is not res
A: Andres Ang should be considered a natural born citizen judicata and the right of the government to ask for the
of the Philippines. He was born of a Filipino mother on cancellation of a certificate cancellation is not barred by the
January 20, 1973. This was after the effectivity of the 1973 lapse of time. (Republic vs. Go Bon Lee, G.R. No. L-11499, 20
Constitution on January 17, 1973. Under Sec. 1, Art. VI of the Apr. 1961)
1973 Constitution, those whose fathers or mothers are
citizens of the Philippines, are citizens of the Philippines. (b) Supposing Lim Tong Biao had availed of the tax
Andres Ang remained a citizen of the Philippines after the amnesty of the government for his tax liabilities,
effectivity of the 1987 Constitution. Sec. 1 (1), Art. IV of the would this constitute a valid defense to the
1987 Constitution provides that those who are citizens of cancellation of his Filipino citizenship?
the Philippines at the time of the adoption of this
Constitution are considered citizens of the Philippines. A: The fact that Lim Tong Biong availed of the tax amnesty
(UPLC Suggested Answers) is not a valid defense to the cancellation of his Filipino
citizenship. The tax amnesty does not have the effect of
obliterating his lack of good moral character and
B. MODES OF ACQUIRING CITIZENSHIP irreproachable conduct which are grounds for
(1999, 1998, 1994, 1989 BAR) denaturalization. (Republic vs. Li Yao, G.R. No. L-35947, 20
Oct. 1992)
A: NO, the action has not prescribed. A certificate of On October 28, 2015, he filed a Certificate of Candidacy
naturalization may be cancelled at any time if it was to run in the May 9, 2016 elections for the position of
fraudulently obtained by misleading the court regarding Congressman in his home province of Pala wan,
the moral character of the petitioner. (Republic vs. Li Yao, running against re-electionist Congressman Profundo.
G.R. No. L-35947, 20 Oct. 1992)
Did Onofre's reacquisition of Philippine citizenship
(b) Can Enzo ask for the denial of the petition on the benefit his wife, Salvacion, and their minor children
ground that he had availed of the Tax Amnesty for and confer upon them Filipino citizenship? Explain
his tax liabilities? your answer. (2016 BAR)
A: NO. Enzo cannot ask for the denial of the petition for the A: The reacquisition of Philippine Citizenship by Onofre did
cancellation of his certificate of naturalization on the not automatically make his American wife, Salvacion, a
ground that he had availed of the tax amnesty. The tax Filipino citizen. Nowhere does R.A. No. 9225 provide that
amnesty merely removed all the civil, criminal, and the foreign wife of a former Filipino citizen who reacquired
administrative liabilities of Enzo. It did not obliterate his his Filipino citizenship will automatically become a Filipino
lack of good moral character and irreproachable conduct. citizen. Robert who is 16 years old, and Marie, who is 14
(ibid.) years old, also became Filipino citizens. The unmarried
children below eighteen years of age, of those who
(c) What is the effect on the petition for cancellation of reacquire Philippine citizenship are also deemed citizens
Enzo's citizenship if Enzo died during the pendency of the Philippines. (Sec. 4, R.A. No. 9225)
of the hearing on said petition?
Q: Rosebud is a natural-born Filipino woman who got
A: On the assumption that he left a family, the death of Enzo married to Rockcold, a citizen of State Frozen. By
does not render the petition for the cancellation of his virtue of the laws of Frozen, any person who marries
certificate of naturalization moot. The outcome of the case its citizens would automatically be deemed its own
will affect his wife and children. (ibid.) citizen. After ten years of marriage, Rosebud, who has
split her time between the Philippines and Frozen,
decided to run for Congress. Her opponent sought her
C. LOSS AND RE-ACQUISITION OF PHILIPPINE disqualification, however, claiming that she is no
CITIZENSHIP longer a natural-born citizen. In any event, she could
(2016, 2014, 2009, 2004, 2003, 2002, 2000, 1999, not seek elective position since she never renounced
1992 BAR) her foreign citizenship pursuant to the Citizenship
Retention and Reacquisition Act (R.A. No. 9225). Is
Rosebud disqualified to run by reason of citizenship?
(2014 BAR)
Q: Cruz, a Filipino by birth, became an American citizen.
In his old age he has returned to the country and wants
A: Rosebud remained a natural born Filipino citizen even if
to become a Filipino again. As his lawyer, enumerate
under the laws of the Frozen, she became a citizen of it
the ways by which citizenship may be reacquired.
because of her marriage to Rockcold. Under Sec. 4, Art. IV of
(2000 BAR)
the Constitution, she retained her Philippine citizenship.
While in the Philippines, a friend informed him that he Is TCA qualified to run for Mayor? (2004 BAR)
could reacquire Philippine citizenship without
necessarily losing U.S. nationality. Thus, he took the A: On the assumption that TCA took an oath of allegiance to
oath of allegiance required under R.A. 9225. (2009 ZOZ to acquire the citizenship of her husband, she is not
BAR) qualified to run for mayor. She did not become a citizen of
ZOZ merely by virtue of her marriage; she also took an oath
(a) Having reacquired Philippine citizenship, is of allegiance to ZOZ. By this act, she lost her Philippine
Warlito a natural-born or a naturalized Filipino citizenship. (Sec. 1(3), C.A. 63)
citizen today? Explain your answer.
Q: Juan Cruz was born of Filipino parents in 1960 in
A: Warlito is a natural-born Filipino citizen. Repatriation of Pampanga. In 1985, he enlisted in the U.S. Marine Corps
Filipinos results in the recovery of his original nationality. and took an oath of allegiance to the United States of
Since Warlito was a natural-born citizen before he lost his America. In 1990, he was naturalized as an American
Philippine citizenship, he was restored to his former status citizen. In 1994, he was repatriated under R.A. No.
as a natural-born Filipino citizen. (Bengson v. HRET, G.R. No. 2430. During the 1998 National Elections, he ran for
142840, 07 May 2001) and was elected representative of the First District of
Pampanga where he resided since his repatriation. Was
(b) With Warlito having regained Philippine he qualified to run for the position? Explain. (2003
citizenship, will Shirley also become a Filipino BAR)
citizen? If so, why? If not, what would be the most
speedy procedure for Shirley to acquire Philippine A: Cruz was qualified to run as representative of the First
citizenship? Explain. District of Pampanga. Since his parents were Filipino
citizens, he was a natural born citizen. Although he became
A: Shirley will not become a Filipino citizen, because under a naturalized American citizen, by virtue of his repatriation,
R.A. No. 9225, Warlito’s reacquisition of Philippine Cruz was restored to his original status as a natural-born
citizenship did not extend its benefits to Shirley. She should Filipino citizen. (Bengson v. HRET, G.R. No. 142840, 07 May
instead file with the Bureau of Immigration a petition for 2001)
the cancellation of her alien certificate of registration on the
ground that in accordance with Sec. 15 of the Naturalization Q: A was born in the Philippines of Filipino parents.
Law, because of her marriage with Warlito, she should be When martial law was declared in the Philippines on
deemed to have become a Filipino citizen. She must allege September 21, 1972, he went to the United States and
and prove that she possessed none of the disqualification to was naturalized as an American citizen. After the EDSA
become a naturalized Filipino citizen. (Burca v. Republic, Revolution, he came home to the Philippines and later
G.R. No. L-24252, 30 Jan. 1967) on reacquired Philippine citizenship by repatriation.
Suppose in the May 2004 elections he is elected
(c) Do the children — Johnny, Warlito Jr., and Luisa — Member of the House of Representatives and a case is
become Filipino citizens with their father's filed seeking his disqualification on the ground that he
reacquisition of Philippine citizenship? Explain is not a natural-born citizen of the Philippines, how
your answer. should the case against him be decided? Explain your
answer. (2002 BAR)
A: Under Sec. 18 of R.A. No. 9225, only the unmarried
children who are below eighteen years of age of those who A: The case should be decided in favor of A. Repatriation
reacquire Philippine citizenship shall be deemed Filipino results in the recovery of the original nationality. Since A
citizens. Thus, only Luisa, who is seventeen years old, was a natural-born Filipino citizen before he became a
became a Filipino citizen. naturalized American citizen, he was restored to his former
status as a natural-born Filipino when he repatriated.
Q: TCA, a Filipina medical technologist, left in 1975 to (Bengson v. HRET, G.R. No. 142840, 07 May 2001)
work in ZOZ State. In 1988 she married ODH, a citizen
of ZOZ. Pursuant to ZOZ's law, by taking an oath of Q: Julio Hortal was born of Filipino parents. Upon
allegiance, she acquired her husband’s citizenship. reaching the age of majority, he became a naturalized
citizen in another country. Later, he reacquired
Q: The City Mayor issues an Executive Order declaring Q: Ten public school teachers of Caloocan City left their
that the city promotes responsible parenthood and classrooms to join a strike, which lasted for one month,
upholds natural family planning. He prohibits all to ask for teachers' benefits. The Department of
hospitals operated by the city from prescribing the use Education, Culture and Sports (DECS) charged them
of artificial methods of contraception, including administratively, for which reason they were required
condoms, pills, intrauterine devices and surgical to answer and be formally investigated by a committee
sterilization. As a result, poor women in his city lost composed of the Division Superintendent of Schools as
their access to affordable family planning programs. Chairman, the Division Supervisor as member and a
Private clinics however, continue to render family teacher, as another member. On the basis of the
planning counsel and devices to paying clients. (2007 evidence adduced at the formal investigation which
BAR) amply established their guilt, the Director rendered a
decision meting out to them the penalty of removal
(a) Is the Executive Order in any way constitutionally from office. The decision was affirmed by the DECS
infirm? Explain. Secretary and the CSC. On appeal, they reiterated the
arguments they raised before the administrative
A: The Executive Order is constitutionally infirm. It violates bodies, namely: They were deprived of due process of
the guarantee of due process and equal protection. Due law as the Investigating Committee was improperly
process includes the right to decisional privacy, which constituted because it did not include a teacher in
refers to the ability to make one’s own decisions and to act representation of the teachers' organization as
on those decisions, free from governmental or other
(a) Was Torre "constructively dismissed" before he Q: Under Sec. 6 of Art. V (on Criminal Jurisdiction) of the
filed his complaint? Visiting Forces Agreement (VFA), the custody of a
United States (US) personnel who becomes subject to
A: Torre was constructively dismissed, as held in criminal prosecution before a Philippine court shall be
Equitable Banking Corporation v. NLRC (G.R. No. 102467, with the US military authorities, if the latter so
13 June 1997), allowing an employee to report for work requests. The custody shall begin from the commission
without being assigned any work constitutes constructive of the offense until the completion of all judicial
dismissal. proceedings. However, when requested, the US military
authorities shall make the US personnel available to
(b) Given the multiple meetings held among the bank Philippine authorities for any investigative or judicial
officials, the lawyers and Torre, is it correct for proceeding relating to the offense with which the
him to say that he was not given an opportunity to person has been charged. In the event that the
be heard? Explain. Philippine judicial proceedings are not completed
within one year, the US shall be relieved of any
A: Torre is correct in saying that he was not given the obligation under Sec. 6.
chance to be heard. The meetings in the nature of
consultations and conferences cannot be considered as The constitutionality of Sec. 6, Art. V of the VFA is
valid substitutes for the proper observance of notice and challenged on the ground that it violates the equal
hearing. protection clause to the extent that it allows the
transfer of the custody of an accused to a foreign power
2. VOID-FOR-VAGUENESS as providing a different rule of procedure for that
(2010 BAR) accused.
Rule on the validity of the grounds raised by Conrado, It is submitted that the strict scrutiny test should be applied
with reasons. (2016 BAR) in this case because the challenged classification restricts
the political process.
(a) The law violates the equal protection clause,
because while it extends protection to women who Q: The DECS issued a circular disqualifying anyone who
may be victims of violence by their husbands, it fails for the fourth time in the National Entrance Tests
does not extend the same protection to husbands from admission to a College of Dentistry. X who was
who may be battered by their wives. thus disqualified, questions the constitutionality of the
circular.
A: The law does not violate the equal protection clause. It is
based on substantial distinctions. The unequal power Did the circular violate the equal protection clause of
relationship between women and men, the greater the Constitution? (1994 BAR)
likelihood for women than men to be victims of violence,
and the widespread gender bias and prejudice against A: NO, the circular did not violate the equal protection
women all make for real differences. (Garcia v. Drilon, G.R. clause of the Constitution. There is a substantial distinction
No. 179267, 25 June 2013) between dentistry students and other students. The dental
profession directly affects the lives and health of people.
(b) The grant of authority to the Barangay Chairman to Other professions do not involve the same delicate
issue a Barangay Protection Order (BPO) responsibility and need not be similarly treated. (DECS v.
constitutes an undue delegation of judicial power, San Diego, G.R. No. 89572, 21 Dec. 1989)
because obviously, the issuance of the BPO entails
the exercise of judicial power. 2. STANDARDS OF JUDICIAL REVIEW
(2015 BAR)
A: The grant of authority to the Barangay Chairman to issue
a Barangay Protection Order is a purely executive function
a) RATIONAL BASIS TEST
pursuant to his duty to enforce all laws and ordinances and
to maintain public order. (Garcia v. Drilon, G.R. No. 179267,
b) STRICT SCRUTINY TEST
25 June 2013)
c) INTERMEDIATE SCRUTINY TEST
(2015 BAR)
1. REQUISITES FOR VALID CLASSIFICATION
(2000, 1994 BAR) Q: The Gay, Bisexual and Transgender Youth
Association (GBTYA), an organization of gay, bisexual,
Q: Undaunted by his three failures in the National and transgender persons, filed for accreditation with
Medical Admission Test (NMAT), Cruz applied to take it the COMELEC to join the forthcoming party-list
again but he was refused because of an order of the elections. The COMELEC denied the application for
DECS disallowing flunkers from taking the test a fourth accreditation on the ground that GBTY A espouses
time. Cruz filed suit assailing this rule raising the immorality which offends religious dogmas. GBTY A
constitutional grounds of accessible quality education, challenges the denial of its application based on moral
academic freedom and equal protection. The grounds because it violates its right to equal protection
government opposes this, upholding the of the law. (2015 BAR)
constitutionality of the rule on the ground of exercise of
police power. (a) What are the three (3) levels of test that are applied
Decide the case discussing the grounds raised. (2000, in equal protection cases? Explain.
1994 BAR)
A: The three levels of test applied in equal protection cases
A: As held in DECS v. San Diego (G.R. No. 89572, 21 Dec. are as follows:
1989), the rule is a valid exercise of police power to ensure
that those admitted to the medical profession are qualified. First, the strict scrutiny test which is applied when the
The arguments of Cruz are not meritorious. The right to legislative classification disadvantages a subject class or
quality education and academic freedom are not absolute. impinges upon a fundamental right, the statute must fall
Under Sec. 5(3), Article XIV of the 1987 Constitution, the right unless the government can show that the classification
to choose a profession is subject to fair, reasonable and serves a compelling governmental interest.
equitable admission and academic requirements. The rule
(a) What is the stop and frisk rule? A: YES, shabu obtained in ordinary customs searches such
as those done in airport, which is a valid warrantless search,
A: The stop and frisk rule is an exception to the general rule are admissible in evidence. (Dela Cruz v. People G.R. No.
against a search without a warrant. Where a police officer 209387, 11 Jan. 2016)
observes an unusual conduct which leads him reasonably to
conclude in light of his experience that criminal activity may ALTERNATIVE ANSWER:
be afoot and that the persons with whom he is dealing may
be armed and presently dangerous, where in the course of NO, those boxes containing the shabu are inadmissible in
investigating this behavior he identifies himself as a evidence against them.
policeman and makes reasonable inquiries, and where
nothing in the initial stages of the encounter serves to dispel The signatures of the accused on the boxes constitute as
his reasonable fear for his own or others' safety, he is tacit admission of the crime charged and are tantamount to
entitled for the protection of himself and others in the area an uncounseled extra-judicial confession which is not
to conduct a carefully limited search of the outer clothing of sanctioned by the Bill of Rights. (Secs. 12(1) and (3), Art. III,
such persons in an attempt to discover weapons which 1987 Constitution) They are, therefore, inadmissible as
might be used to assault him. (Manalili v. CA, G.R. No. evidence for any admission wrung from them in violation of
113447, 09 Oct. 1997) their constitutional rights is inadmissible against them. The
fact that all accused were foreign nationals does not
(b) Was the stop and frisk rule validly invoked by preclude application of the exclusionary rule because the
Officer A? If not, what is the effect on the drugs constitutional guarantees embodied in the Bill of Rights are
seized as evidence? Explain. given and extend to all persons, both aliens and citizens.
(People v. Wong Chuen Ming, G.R. Nos. 112801-11, 12 Apr.
A: NO, the stop-and-frisk rule was not validly invoked by 1996)
Officer A. A basic criterion to invoke the stop-and-frisk rule
would be that the police officer, with his or her personal Q: Ernesto, a minor, while driving a motor vehicle, was
knowledge, must observe the facts leading to the suspicion stopped at a mobile checkpoint. Noticing that Ernesto is
of an illicit act. Officer A merely relied on a text message by a minor, SPOl Jojo asked Ernesto to exhibit his driver's
an unidentified informer to conduct the search. The police license but Ernesto failed to produce it. SPOI Jojo
officer should not adopt the suspicion initiated by another requested Ernesto to alight from the vehicle and the
person. Personal knowledge is necessary to justify that the latter acceded. Upon observing a bulge in the pants of
person suspected be stopped and reasonably searched. Ernesto, the policeman frisked him and found an
Anything less than this would be an infringement upon unlicensed .22-caliber pistol inside Ernesto's right
one’s basic right to security of one’s person and effects. pocket. Ernesto was arrested, detained, and charged. At
(Cogaed v. People, G.R. No. 200334, 30 July 2014) the trial, Ernesto, through his lawyer, argued that
policemen at mobile checkpoints are empowered to
Ernesto's lawyer thus posited that: In his final bid for exoneration, Hades went to the
Supreme Court claiming that his constitutional right
a) The search conducted in violation of the against unreasonable searches and seizures was
Constitution and established jurisprudence was an violated when the police officers searched his vehicle
illegal search; thus, the gun which was seized in the without a warrant; that the shabu confiscated from him
course of an illegal search is the "fruit of the is thus inadmissible in evidence; and that there being
poisonous tree" and is inadmissible in evidence. no evidence against him, he is entitled to an acquittal.
For its part, the People of the Philippines maintains that
b) The arrest made as a consequence of the invalid the case of Hades involved a consented warrantless
search was likewise illegal, because an unlawful act search which is legally recognized. The People adverts
(the search) cannot be made the basis of a lawful to the fact that Hades did not offer any protest when the
arrest. police officers asked him if they could look inside the
vehicle. Thus, any evidence obtained in the course
Rule on the correctness of the foregoing arguments, thereof is admissible in evidence. Whose claim is
with reasons (2016 BAR) correct? Explain. (2015 BAR)
a) The search conducted in violation of the A: The warrantless search was illegal. There was no
Constitution and established jurisprudence was an probable cause to search the van. The shabu was not
illegal search; thus, the gun which was seized in the immediately apparent. It was discovered only after they
course of an illegal search is the "fruit of the opened the boxes. The mere passive silence of Hades did not
poisonous tree" and is inadmissible in evidence. constitute consent to the warrantless search. (Caballes v. CA,
G.R. No. 163108, 23 Feb. 2005)
A: The contention of Ernesto’s lawyer is correct. The
warrantless search of motor vehicles at checkpoints should Q: A witnessed two hooded men with baseball bats
be limited to a visual search. Its occupants should not be enter the house of their next door neighbor B. After a
subjected to a body search. (Aniag, Jr. v. COMELEC, G.R. No. few seconds, he heard B shouting, "Huwag Pilo
104961, 07 Oct. 1994) babayaran kita agad.” Then A saw the two hooded men
The “stop and frisk rule” applies when a police officer hitting B until the latter fell lifeless. The assailants
observes suspicious activity or unusual activity which may escaped using a yellow motorcycle with a fireball
lead him to believe that a criminal activity may be afoot. The sticker on it toward the direction of an exclusive village
“stop and frisk” is merely a limited protective search for nearby. A reported the incident to POI Nuval.
outer clothing for weapons.
The following day, POI Nuval saw the motorcycle
b) The arrest made as a consequence of the invalid parked in the garage of a house at Sta. Ines Street inside
search was likewise illegal, because an unlawful act the exclusive village. He inquired with the caretaker as
(the search) cannot be made the basis of a lawful to who owned the motorcycle. The caretaker named the
arrest. brothers Pilo and Ramon Maradona who were then
outside the country. POI Nuval insisted on getting
A: Since there was no valid warrantless arrest, the inside the garage. Out of fear, the caretaker allowed
warrantless search was also illegal. The unlicensed .22 him. POI Nuval took 2 ski masks and 2 bats beside the
caliber pistol is inadmissible in evidence. (Luz v. People, G.R. motorcycle.
No. 197788, 29 Feb. 2012)
Was the search valid? What about the seizure? Decide
Q: Around 12:00 midnight, a team of police officers was with reasons. (2009 BAR)
on routine patrol in Barangay Makatarungan when it
noticed an open delivery van neatly covered with A: The warrantless search and the seizure was not valid. It
banana leaves. Believing that the van was loaded with was not made as an incident to a lawful warrantless arrest.
contraband, the team leader flagged down the vehicle (People v. Baula, G.R. No. 132671, 15 Nov. 2000) The
which was driven by Hades. He inquired from Hades caretaker had no authority to waive the right of the brothers
what was loaded on the van. Hades just gave the police Pilo and Ramon Maradona to waive their right against an
officer a blank stare and started to perspire profusely. unreasonable search and seizure. (People v. Damaso, G.R. No.
The police officers then told Hades that they will look 93516, 12 Aug. 1992) The warrantless seizure of the ski
inside the vehicle. Hades did not make any reply. The masks and bats cannot be justified under the plain view
police officers then lifted the banana leaves and saw doctrine, because they were seized after an invalid
several boxes. They opened the boxes and discovered intrusion into the house. (People v. Bolasa, G.R. No. 125754,
2. WHEN INTRUSION IS ALLOWED (b) What are the two (2) basic prohibitions of the
freedom of speech and of the press clause?
Explain.
3. EXCLUSIONARY RULE A: The two basic prohibitions on freedom of speech and
freedom of the press are prior restraint and subsequent
punishment. (Chavez v. Gonzales, G.R. No. 168338, 15 Feb.
2008)
Q: A law is passed penalizing any criticism of any sitting A: But the cancellation of the franchise of the station on
Member of the Supreme Court on any media platform. October 6, 1987, without prior notice and hearing, is void.
The penalty is higher when the criticism is made As held in Eastern Broadcasting Corporation (DYRE) v. Dans
through social media. Is the law constitutional? Explain Jr. (G.R. No. L-59329, 19 July 1985), the cardinal primary
briefly. (2020-21 BAR) requirements in administrative proceedings (one of which
is that the parties must first be heard) as laid down in Ang
Q: Congress enacted law to provide Filipinos, The law is questioned in the ground that it violates Sec.
especially the poor and the marginalized, access and 5, Article II of the Constitution that "no law shall be made
information to a full range of modern family planning respecting an establishment of religion or prohibiting
methods, including contraceptives, intrauterine the free exercise thereof," how will you resolve the
devices, injectables, non- abortifacient hormonal chaIlenge? Explain. (2016 BAR)
contraceptives, and family planning products and
supplies, but expressly prohibited abortion. To ensure A: The contention must be rejected. The use of the site
its objectives, the law made it mandatory for health temple will not be limited to a particular religious sect. It
providers to provide information on the full range of will be made available to all religious sects. The temporary
modern family planning methods, supplies and use of public property for religious purposes without
services, for schools to provide reproductive health discrimination does not violate the Constitution. (Ignacio v.
education, for non-governmental medical De la Cruz No. L-6858, 31 May 1956)
practitioners to render mandatory 48 hours pro bono
reproductive health services as a condition to ALTERNATIVE ANSWER:
Philhealth accreditation, and for couples desiring to
marry to attend a family planning seminar prior to the The contention is meritorious. The state cannot pass laws
issuance of a marriage license. It also punishes certain which aid one religion, all religions, or prefer one religion
acts of refusals to carry out its mandates. The spouses over another. (Emerson v. Board of Education, 330 U.S. 1, 10
Aguiluz, both Roman Catholics, filed a petition to Feb. 1947)
Q: The principal of Jaena High School, a public school, The sending of a priest to minister to the spiritual needs of
wrote a letter to the parents and guardians of all the overseas contract workers does not fall within the scope of
school's pupils, informing them that the school was any of the exceptions.
willing to provide religious instruction to its Catholic
students during class hours, through a Catholic priest. Q: Recognizing the value of education in making the
However, students who wished to avail of such religious Philippine labor market attractive to foreign
instruction needed to secure the consent of their investment, the DECS offers subsidies to accredited
parents and guardians in writing. (2007 BAR) colleges and universities in order to promote quality
tertiary education. The DECS grants a subsidy to a
a. Does the offer violate the constitutional prohibition Catholic school which requires its students to take at
against the establishment of religion? least 3 hours a week of religious instruction. (1992
BAR)
A: The offer does not violate the Constitutional prohibition
against the establishment of religion. Sec. 3(3), Art. XIV of (a) Is the subsidy permissible? Explain
the 1987 Constitution provides that at the option expressed
in writing by their parents or guardians, religion shall be A: NO, the subsidy is not permissible. Such will foster
taught to students in public elementary and high schools religion, since the school give religious instructions to
within regular class hours by instructors designated or students. Besides, it will violate the prohibition in Sec.
approved by the religious authorities of their religion. 29(2), Art. VI of the Constitution against the use of public
funds to aid religion. Financial assistance to a sectarian
b. The parents of evangelical Christian students, school violates the prohibition against the establishment
upon learning of the offer, demanded that they too of religion if it fosters an excessive government
be entitled to have their children instructed in entanglement with religion. (Lemon v. Kurtzman, 403 U.S.
their own religious faith during class hours. The 602, 28 June 1971) Since the school requires its students to
principal, a devout Catholic, rejected the request. take at least three hours a week of religious instructions,
As counsel for the parents of the evangelical to ensure that the financial assistance will not be used for
students, how would you argue in support of their religious purposes, the government will have to conduct a
position? continuing surveillance. This involves excessive
entanglement with religion.
A: As counsel for the parents of the evangelical students, I
shall argue that the rejection of their request violates the (b) Presuming that you answer in the negative, would
A: In general, the giving of scholarship vouchers to students The Secretary of Education Culture and Sports issued a
is valid. Sec. 2(3), Art. XIV of the Constitution requires the memorandum implementing said provision of law. As
State to establish a system of subsidies to deserving ordered, the flag ceremony would be held on Mondays
students in both public and private schools. However, the at 7:30a.m. during class days. A group of teachers,
law is vague and overbroad. Under it, a student who wants students and pupils requested the Secretary that they
to study for the priesthood can apply for the subsidy and be exempted from attending the flag ceremony on the
use it for his studies. This will involve using public funds to ground that attendance thereto was against their
aid religion. religious belief. The Secretary denied the request. The
teachers, students and pupils concerned went to Court
Q: A religious organization has a weekly television to have the memorandum circular declared null and
program. The program presents and propagates its void. Decide the case. (2009, 1997 BAR)
religious doctrines and compares their practices with
those of other religions. As the Movie and Television A: The teachers and the students should be exempted from
Review and Classification Board (MTRCB) found as the flag ceremony. As held in Ebralinag v. Division
offensive several episodes of the program which Superintendent of Schools of Cebu, (G.R. No. 95770, 01 Mar.
attacked other religions, the MTRCB required the 1993), to compel them to participate in the flag ceremony
organization to submit its tapes for review prior to will violate their freedom of religion. Freedom of religion
airing. cannot be impaired except upon the showing of a clear and
present danger of a substantive evil which the State has a
The religious organization brought the case to court on right to prevent. The refusal of the teachers and the
the ground that the action of the MTRCB suppresses its students to participate in the flag ceremony does not pose
freedom of speech and interferes with its right to free a clear and present danger. To compel them to participate
exercise of religion. Decide. (2009, 1998 BAR) in the flag ceremony will violate their freedom of religion.
(UPLC Suggested Answers)
A: The religious organization must submit the tapes to the
MTRCB. Freedom of speech and freedom of religion does Q: Children who are members of a religious sect have
not shield any religious organization against the regulation been expelled from their respective public schools for
of the government on its program over the television. The refusing, on account of their religious beliefs, to take
right to act on one’s religious belief is not absolute and is part in the flag ceremony which includes playing by a
subject to police power for the protection of the general band or singing the national anthem, saluting the
welfare. Philippine flag, and reciting the patriotic pledge. The
students and their parents assail the expulsion on the
However, the MTRCB cannot ban the tapes on the ground ground that the school authorities have acted in
that they attacked other religions. In Iglesia ni Cristo v. CA, violation of their right to free public education,
(G.R. No. 119673, 26 July 1996), the Court held that the freedom of speech, and religious freedom and worship.
respondent Board may disagree with the criticisms of Decide the case. (2003 BAR)
other religions by petitioner but that gives it no excuse to
interdict such criticisms, however, unclean they may be. A: The students cannot be expelled from school. To compel
Under our constitutional scheme, it is not the task of the students to take part in the flag ceremony when it is against
3. JUST COMPENSATION
(2016, 2014, 1994, 1993 BAR)
I. RIGHT TO INFORMATION
Q: In expropriation proceedings, what legal interest
should be used in the computation of interest on just
1. SCOPE AND LIMITATIONS compensation? (1993 BAR)
Since continuous trial of cases is required and since the A: The argument is untenable. Since the IUB officials were
date of the initial hearing was set upon agreement of all not being subjected to a criminal penalty, they cannot
invoke their right against self-incrimination unless a
A: NO. The objection of Borja is not tenable. As held in As the CA, how would you rule on the petition? Explain
People v. Paynor (G.R. No. 116222, 09 Sept. 1996), the rights briefly. (2022 BAR)
guaranteed by Sec. 12, Art. III of the Constitution applies only
against testimonial evidence. An accused may be compelled A: The petition should be dismissed.
to be photographed or measured, his garments may be
removed, and his body may be examined. Double jeopardy has set in.
Q: Discuss the right of every accused against double The only instance when an accused can be barred from
jeopardy? (1999 BAR) invoking his right against double jeopardy is when it can be
demonstrated that the trial court acted with grave abuse of
A: No person shall be twice put in jeopardy of punishment discretion amounting to lack or excess of jurisdiction, such
for the same offense. If an act is punished by a law and an as where the prosecution was not allowed the opportunity
ordinance, conviction, or acquittal under either shall to make its case against the accused or where the trial was
constitute a bar to another prosecution for the same act. a sham. (Bangayan v. Ban-gayan, G.R. No. 172777, 19 Oct.
(Sec. 21, Art. III, 1987 Constitution) 2011; People U. Laguio, G.R. No. 128587, 16 Mar. 2007)
The first sentence sets forth the general rule: the It is evident that the prosecution's Rule 65 petition for
constitutional protection against double jeopardy is not certiorari is premised only on the allegation that the trial
available where the second prosecution is for an offense court erred in its finding that "the element of force was not
that is different from the offense charged in the first or established," and actually only seeks "a reexamination of
prior prosecution, although both the first and second the merits" of the subject acquittal.
offenses may be based upon the same act or set of acts. The
second sentence embodies an exception to the general
May the Commission on Human Rights (CHR) order the (b) Can the CHR issue an "order to desist" or
Mayor to stop the implementation of the Executive restraining order?
Order? Explain. (2007 BAR)
A: The CHR may not issue an "order to desist" or restraining
A: The CHR cannot order the City Mayor to stop the order. The constitutional provision directing the CHR to
implementation of his Executive Order, because it has no provide for preventive measures to those whose human
power to issue writs of injunction. (Export Processing Zone rights have been violated or need protection may not be
Authority v. CHR, G.R. No. 101476, 14 Apr. 1992) construed to confer jurisdiction on the Commission to issue
a restraining order or writ of injunction for, if that were the
ALTERNATIVE ANSWER: intention, the Constitution would have expressly said so.
Jurisdiction is conferred only by the Constitution or by law.
No, the power of CHR is limited to fact finding It is never derived by implication. (Export Processing Zone
investigations. Thus, it cannot issue an “order to desist” Authority v. Commission on Human Rights, G.R. No. 101476,
against the mayor, inasmuch as the order prescinds from an 14 Apr. 1992)
adjudicatory power that CHR does not possess. (Simon v.
Commission on Human Rights, G.R. No. 100150, 05 Jan. 1994; (c) Is the CHR empowered to declare Mayor Cruz in
Cariño v. Commission on Human Rights, G.R. No. 96681, 02 contempt? Does it have contempt powers at all?
Dec. 1991)
A: The CHR does not possess adjudicative functions and
therefore, on its own, is not empowered to declare Mayor
Q: Squatters and vendors have put up structures in an
Cruz in contempt for issuing the "order to desist." However,
area intended for a People's Park, which are impeding
under the 1987 Constitution, the CHR is constitutionally
the flow of traffic in the adjoining highway. Mayor Cruz
authorized, in the exercise of its investigative functions, to
gave notice for the structures to be removed, and the
"adopt its operational guidelines and rules of procedure,
area vacated within a month, or else, face demolition
and cite for contempt for violations thereof in accordance
and ejectment. The occupants filed a case with the
with the Rules of Court." Accordingly, the CHR, in the course
Commission on Human Rights (CHR) to stop the
of an investigation, may only cite or hold any person in
Mayor's move.
contempt and impose the appropriate penalties in
The CHR then issued an "order to desist" against Mayor accordance with the procedure and sanctions provided for
Cruz with warning that he would be held in contempt in the Rules of Court. (Cariño v. Commission on Human
should he fail to comply with the desistance order. Rights, G.R. No. 96681, 02 Dec. 1991)
When the allotted time lapsed, Mayor Cruz caused the
Q: In order to implement a big government flood
demolition and removal of the structures. Accordingly,
control project, the Department of Public Works and
the CHR cited him for contempt. (2005 BAR)
Highways (DPWH) and a local government unit (LGU)
(a) What is your concept of Human Rights? Does this removed squatters from the bank of a river and certain
case involve violations of human rights within the esteros for relocation to another place. Their shanties
scope of the CHR's jurisdiction? were demolished. The Commission on Human Rights
(CHR) conducted an investigation and issued an order
A: Under the Universal Declaration of Human Rights, the for the DPWH and the LGU to cease and desist from
International Covenant on Economic, Social and Cultural effecting the removal of the squatters on the ground
Rights and International Covenant on Civil and Political that the human rights of the squatters were being
Rights, the scope of human rights includes those that relate violated. The DPWH and the LGU objected to the order
to an individual's social, economic, cultural, political and of the CHR. Resolve which position is correct. Reasons.
civil relations along with what is generally considered to be (2001 BAR)
his inherent and inalienable rights, encompassing almost all
A: The position of the Department of Public Works and
aspects of life.
Highways and of the local government unit is correct. As
In the case at bar, the land adjoins a busy national highway, held in Export Processing Zone Authority v. Commission on
and the construction of the squatter shanties impedes the Human Rights (G.R. No. 101476, 14 Apr. 1992), no provision
flow of traffic. The consequent danger to life and limb in the Constitution or any law confers on the Commission
cannot be ignored. It is paradoxical that a right which is on Human Rights jurisdiction to issue temporary
claimed to have been violated is one that cannot, in the first restraining orders or writs of preliminary injunction. The
place, even be invoked, if it is, in fact, extant. Based on the Commission on Human Rights has no judicial power. Its
circumstances obtaining in this instance, the CHR order for powers are merely investigatory. (UPLC Suggested Answers)
Q: Give two duties of the state mandated by the A: Under Sec. 4(2), Art. XIV of the 1987 Constitution, no
Constitution regarding education. (1999 BAR) group of aliens shall comprise more than one-third of the
enrollment in any school. The exception refers to schools
A: The Constitution imposes the following duties regarding established for foreign diplomatic personnel and their
education upon the State: dependents and, unless otherwise provided by law, for
other foreign temporary residents.
1. The State shall protect and promote the right of all
citizens to quality education at all levels and shall Educational institutions may accept donations from foreign
take appropriate steps to make such education students. No provision in the Constitution or any law
accessible to all. (Sec. 1, Art. XIV, 1987 Constitution) prohibits it. (UPLC Suggested Answers)
Q: In 1989, Zeny Reyes married Ben Tulog, a national of (a) The organization is based in Makati. All its officers
the State of Kongo. Under the laws of Kongo, an alien live and work in Makati. Not one of its officers or
woman marrying a Kongo national automatically members belong to the affected indigenous cultural
acquires Kongo citizenship. After her marriage, Zeny community. Do they have the standing in this
resided in Kongo and acquired a Kongo passport. In dispute? Explain.
A: YES. ARI cannot acquire a portion of Liberty Islands VII. PRACTICE OF PROFESSIONS
because, although EAP has title to Liberty Islands and thus
such lands are alienable and disposable land, they cannot be
sold, only leased, to private corporations. The portion of the
area to be reclaimed cannot be sold and transferred to ARI
LAW ON PUBLIC OFFICERS, ADMINISTRATIVE LAW,
because the seabed is inalienable land of the public domain.
ELECTION LAW, AND LOCAL GOVERNMENT
(Sec. 3, Art. XII, 1987 Constitution; Chavez v. Public Estates
Authority, G.R. No. 133250, 09 July 2002; UPLC Suggested
Answers)
A: If Congress adjourned without the appointments of A and A: If I were the judge, I would uphold the validity of the
B having been confirmed by the Commission on designation of Secretary M as ex officio member of the
Appointments, A cannot return to his old position. By Monetary Board. The prohibition against the holding of
accepting an ad interim appointment to a new position, A multiple positions by Cabinet Members in Article VII,
waived his right to hold his old position. On the other hand, Section 13 of the Constitution does not apply to positions
since B did not assume the new position, he retained his old occupied in an ex officio capacity as provided by law and as
position. (ibid.) required by the primary functions of their office. (Civil
Liberties Union v. Executive Secretary, G.R. No. 83896, 22 Feb.
1991)
D. ELIGIBILITY AND QUALIFICATION REQUIREMENTS
(2002 BAR) (b) The issue on the payment of additional or double
compensation? Explain your answers fully.
1. PREVENTIVE SUSPENSION
1. TYPES OF ACCOUNTABILITY
(b) A law prohibiting any court, other than the Finally, Section 3(8) of Article XI of the Constitution
Supreme Court, from issuing a writ of injunction declares that "The Congress shall promulgate its rules
against an investigation being conducted by the on impeachment to effectively carry out the purposes of
Ombudsman. this section." Are the rules promulgated pursuant to
these provisions subject to review and disapproval by
A: The law is unconstitutional. The power to issue the Supreme Court? (2018 BAR)
injunctive writs is part of judicial power. The rules
governing the exercise of this power are within the powers A: Sec. 5 (5) of Art. VIII of the Constitution clearly provides
of the Supreme Court to promulgate. The law therefore is an that the “Rules of procedure of special courts and quasi-
encroachment of the Court's rule-making power. (Carpio- judicial bodies shall remain effective unless disapproved by
Morales v CA, GR 217126- 27, 10 Nov. 2015) the Supreme Court;” accordingly, it is clear that the
Supreme Court may review and reverse the rules of
(c) A law prohibiting any appeal from the decision or procedure of the Sandiganbayan and the Constitutional
final order of the Ombudsman in an administrative Commissions.
proceeding, except through a petition for review on
certiorari filed before the Supreme Court. With respect to the rules of procedure of Congress in its
proceedings, legislative inquiries and on impeachment,
A: The law is unconstitutional. In Fabian v. Desierto (G.R. No.
while these rules may be generally considered as political
129742, 16 Sept. 1998), the Court invalidated Sec. 27 of R.A.
questions, when questioned before the courts in a proper
No. 6770 insofar as it provided for appeal by certiorari
case, they would nevertheless be subject to the power of
under Rule 45 from the decisions or orders of the
judicial review under Sec. 1 (2), Article VIII of the
Ombudsman in administrative cases. Sec. 27 of R.A. No. 6770
Constitution, which authorizes it to review and annul all acts
had the effect, not only of increasing the appellate
of any branch or instrumentality of the government which
jurisdiction of the Supreme Court without its advice and
may be tainted with grave abuse of discretion amounting to
concurrence in violation of Sec. 30, Article VI of the
lack or excess of jurisdiction. (UPLC Suggested Answers)
Constitution; it is also inconsistent with Sec. 1, Rule 45 of the
Rules of Court which provides that a petition for review on
ALTERNATIVE ANSWER:
certiorari shall apply only to a review of judgments or final
orders of the Court of Appeals, the Sandiganbayan, the
Although the Rules of Procedure of the Sandiganbayan are
Court of Tax Appeals, the Regional Trial Court, or other
covered by the disapproval authority of the Supreme Court
courts authorized by law. In the absence of concurrence by
as stated in Sec. 5(5) of Article VIII of the Constitution, the
the Supreme Court, such a law would be unconstitutional.
same thing cannot be said for the Rules of Procedure
A: The argument of X is not correct. Sec. 14 of RA 9006 (Fair RA 9225 makes a distinction between those natural-born
Elections Act) reads: “Sec. 14. Repealing Clause. – Secs. 67 Filipinos who became foreign citizens before and after the
and 85 of the Omnibus Election Code (Batas Pambansa Blg. effectivity of RA No. 9225. For those who were naturalized
881) and Secs. 10 and 11 of Republic Act No. 6646 are hereby in a foreign country, they shall be deemed to have
repealed.” Sec. 47 of BP 881, which deemed elective officials reacquired their Philippine citizenship which was lost
ipso facto resigned when they file their Certificate of pursuant to CA 63. In the case of those who became foreign
Candidacy, is inoperative, and therefore W may still citizens after RA 9225 took effect, they shall retain
continue office. Philippine citizenship despite having acquired foreign
citizenship, provided they take the oath of allegiance under
(b) Assuming that W is instead, an incumbent the new law.
Undersecretary of the Department of National
Defense, what is the effect of the filing of his CoC for Considering that petitioner was naturalized as a Canadian
the position of Governor of Albay to said post? citizen prior to the effectivity of RA 9225, she belongs to the
Explain. first category of natural-born Filipinos who lost their
Philippine citizenship by naturalization in a foreign
A: W would be considered ipso facto resigned. Under Sec. country, under the first paragraph of Section 3. As the new
66 of the Omnibus Election Code (BP 881), “any person law allows dual citizenship, she was able to reacquire her
holding a public appointive office or position, including Philippine citizenship by taking the required oath of
active members of the Armed Forces of the Philippines, and allegiance (See Bengson v. HRET and as affirmed by Poe-
officers and employees in government-owned or controlled Llamanzares v. COMELEC, G.R. No. 221697, 8 Mar. 2016).
corporations, shall be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy.” W, Q: President Alfredo died during his third year in office.
as Undersecretary of the Department of National Defense, is In accordance with the Constitution, Vice President
an appointive official, and therefore falls under this Anastasia succeeded him. President Anastasia then
provision. nominated the late President Alfredo's Executive
Secretary, Anna Maria, as her replacement as Vice
Q: In 1990, Agripina migrated to Canada and acquired President. The nomination was confirmed by a majority
Canadian citizenship. In 2008, Agripina retired and of all the Members of the House of Representatives and
returned to the Philippines to permanently reside in the Senate, voting separately.
her hometown of Angeles, Pampanga. A month after
returning to the Philippines, Agripina took her oath of Can Anastasia run as President in the next election?
allegiance and executed a sworn renunciation of her (2018 BAR)
Canadian citizenship in accordance with R.A. No. 9225.
A: YES, Anastacia can still run as President in the next
In 2009, Agripina filed her certificate of candidacy for election since she has served for less than four years. Sec. 4,
Congress for the 2010 elections. Agripina's political Art. VII of the 1987 Constitution provides that no person who
Choose the correct answer. A: Under Rule No. 19 of the rules for the appreciation of
ballots in Section 211 of the Omnibus Election Code, stray
A: The correct answer is (e). Section 14 of the Fair Election ballot is one cast in favor of a person who has not filed a
Act repealed Section 67 of the Omnibus Election Code, certificate of candidacy or in favor of a candidate for an
which provided that any elected official, whether national office for which he did not present himself. Although the
or local, who runs for any office other than the one he is Code does not provide for stray ballot, it is presumed that
holding in a permanent capacity, except for President and stray ballot refers to stray vote. (UPLC Suggested Answers)
Vice President, shall be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy. Q: Abdul ran and won in the May 2001, 2004 and 2007
Section 14 of the Fair Election Act likewise rendered elections for Vice-Governor of Tawi-Tawi. After being
ineffective the first proviso in the third paragraph of Section proclaimed Vice- Governor in the 2004 elections, his
11 of Republic Act No. 8436. opponent, Khalil, filed an election protest before the
Commission on Election. Ruling with finality on the
Consequently, Pedro Reyes can run for Mayor without protest, the COMELEC declared Khalil as the duly
giving up his position as Vice-Mayor. He will have to give up elected Vice- Governor though the decision was
his position as Vice-Mayor upon expiration of his term as promulgated only in 2007, when Abdul had fully served
Vice-Mayor on June 30, 2004. (UPLC Suggested Answers) his 2004-2007 term and was in fact already on his
2007-2010 term as Vice Governor. (2008 BAR)
2. If Pedro Reyes were, instead, an incumbent
Congressman of Quezon City, who intends to seek Abdul also consults you whether his political party can
the mayoralty post in Quezon City, would your validly nominate his wife as substitute candidate for
choice of answer in no. (1) above be the same? If Vice- Mayor of Tawi-Tawi in May 2010 elections in case
not, which would be your choice? the COMELEC disqualifies him and denies due course to
or cancels his certificate of candidacy in view of a false
A: The answer is the same if Pedro Reyes is a Congressman material representation therein. What will be your
of Quezon City, because the repeal of Section 67 of the advice?
Omnibus Election Code covers both elective national and
local officials. (ibid.) A: I shall advise Abdul that his wife cannot be nominated as
substitute candidate for Vice- Governor of Tawi-Tawi. The
Q: A, a City Legal Officer, and B, a City Vice- Mayor, filed denial of due course and cancellation of a certificate of
certificates of candidacy for the position of City Mayor candidacy is not one of the cases in which a candidate may
in the May 14, 2001 elections. (2002 BAR) be validly substituted. A cancelled certificate does not give
rise to a valid candidacy. Under Section 77 of the Omnibus
(a) Was A ipso facto considered resigned and, if so, Election Code, a valid candidacy is an indispensable
effective on what date? requisite in case of a substitution of a disqualified
candidate. (Miranda v. Abaya, GR No. 136351, 28 Jul. 1999)
A: A was considered ipso facto resigned upon the filing of
his certificate of candidacy, because being a City Legal c) NUISANCE CANDIDATES
Officer, he is an appointive official. Section 66 of the Omnibus
Election Code provides that any person holding a public d) DUTIES OF THE COMELEC
appointive office shall be considered ipso facto resigned
upon the filing of his certificate of candidacy. (UPLC
Suggested Answers)
C. CAMPAIGN
(2012, 1991 BAR)
(b) Was B ipso facto considered resigned and, if so,
effective on what date? In both cases, state the
reason or reasons for your answer.
1. PREMATURE CAMPAIGNING
A: B is not considered ipso facto resigned. Section 67 of the (2012 BAR)
Omnibus Election Code considers any elective official ipso
facto resigned from office upon his filing of a certificate of Q: Mayor Pink is eyeing re-election in the next
candidacy for any office other than the one he is holding mayoralty race. It was common knowledge in the town
except for President and Vice-President, was repealed by that Mayor Pink will run for re-election in the coming
the Fair Election Act. (UPLC Suggested Answers) elections. The deadline for filing of Certificate of
(b) Rule on the petition. The first petition was against Anselmo. Years ago,
Anselmo was charged and convicted of the crime of
A: The petition should be denied. Under Section 80 Of the rape by final judgment and was sentenced to suffer the
Omnibus Election Code, to be liable for premature principal penalty of reclusion perpetua which carried
campaigning, he must be a candidate and unless he filed his the accessory penalty of perpetual absolute
CoC, he is not a candidate. (Lanot Vs. Commission on disqualification. While Anselmo was in prison, the
Elections, 507 SCRA 114. 16 Nov. 2006) President commuted his sentence and he was
discharged from prison.
2. PROHIBITED CONTRIBUTIONS
The second petition was against Ambrosio. Ambrosio's
residency was questioned because he was allegedly a
3. LAWFUL AND PROHIBITED ELECTION PROPAGANDA "green card holder," i.e., a permanent resident of the
(1991 BAR) US, as evidenced by a certification to this effect from the
US Embassy.
Q: Discuss the disputable presumptions: (1991 BAR)
Acting on the recommendations of its Law Department,
(a) of conspiracy to bribe voters; the Comelec en banc motu proprio issued two
resolutions granting the petitions against Anselmo and
A: Under Sec. 28 of the Electoral Reforms Law, proof that at Ambrosio.
least one voter in different precincts representing at least
twenty per cent (20%) of the total precincts in any Both Anselmo and Ambrosio filed separate petitions
municipality, city or province was offered, promised or with the Supreme Court assailing the resolutions
given money, valuable consideration or other expenditure cancelling their respective CoCs. Both claimed that the
by the relatives, leader or sympathizer of a candidate for the Comelec en bane acted with grave abuse of discretion
purpose of promoting the candidacy of such candidate, amounting to lack or excess of jurisdiction because the
gives rise to a disputable presumption of conspiracy to petitions should have first been heard and resolved by
bribe voters. (UPLC Suggested Answers) one of the Comelec's Divisions.
(b) of the involvement of a candidate and of his Are Anselmo and Ambrosio correct? (2018 BAR)
principal campaign managers in such
conspiracy. A: Anselmo is incorrect. The rule is every quasi-judicial
matter must first be tackled by a division subject to appeal
A: Under Sec. 28, if the proof affects at least 20% of the by way of a Motion for Reconsideration to the COMELEC en
precincts of the municipality, city or province to which the banc. In Jalosjos v. COMELEC (G.R. No. 205033, 18 Jun. 2013),
public office aspired for by the favored candidate relates, it was determined that a cancellation on the basis of
this shall constitute a disputable presumption of the perpetual disqualification is a matter that can be taken
Ambrosio, on the other hand, is correct that the petition for A: Pasyo Maagap would be entitled to occupy the position
the cancellation of his CoC should have been first heard and of Mayor upon disqualification of Gandang Bai on the basis
resolved by the Comelec Division. Cancellation proceedings of the petition to deny due course or cancel her certificate
involve the COMELEC's quasi-judicial functions. The of candidacy under the provisions of Section 78 of the
Constitution mandates the COMELEC, in the exercise of its Omnibus Election Code.
adjudicatory or quasi-judicial powers, to hear and decide
cases, first by division, and upon motion for The rule is that an ineligible candidate who receives the
reconsideration, by the COMELEC en banc. (Bautista v. highest number of votes is a wrongful winner. By express
COMELEC, G.R. Nos. 154796-97, 23 Oct. 2003) legal mandate, he could not even have been a candidate in
the first place, but by virtue of the lack of material time or
Q: Onofre, a natural born Filipino citizen, arrived in the any other intervening circumstances, his ineligibility might
United States in 1985. In 1990, he married Salvacion, a not have been passed upon prior to election date.
Mexican, and together they applied for and obtained Consequently, he may have had the opportunity to hold
American citizenship in 2001. In 2015, the couple and himself out to the electorate as a legitimate and duly
their children, Alfred, 21 years of age, Robert, 16, and qualified candidate. However, notwithstanding the
Marie, 14, who were all born in the U.S. returned to the outcome of the elections, his ineligibility as a candidate
Philippines on June 1, 2015. On June 15, 2015, remains unchanged. Ineligibility does not only pertain to his
informed that he could reacquire Philippine qualifications as a candidate but necessarily affects his right
citizenship without losing his American citizenship, to hold public office. The number of ballots cast in his favor
Onofre went home to the Philippines and took the oath cannot cure the defect of failure to qualify with the
of allegiance prescribed under R.A. No. 9225. substantive legal requirements of eligibility to run for
public office. (Maquiling v. COMELEC, GR No. 195649, 16 Apr.
Before the May 9, 2016 elections, Profundo's lawyer 2013)
filed a Petition to Deny Due Course or to Cancel the
Certificate of Candidacy against Onofre. What grounds Accordingly, Gandang Bai being a non- candidate, the votes
can he raise in his Petition to support it? Explain your cast in his favor should not have been counted. This leaves
answer. (2016 BAR) Pasyo Maagap as the qualified candidate who obtained the
highest number of votes. Therefore, the rule on succession
A: The lawyer of Congressman Profundo can ask for the under the Local Government Code will not apply. (ibid.)
cancellation of the certificate of candidacy on the ground
that he did not execute an affidavit renouncing his Q: Despite lingering questions about his Filipino
American citizenship as required by Sec. 5(2) of R.A. No. citizenship and his one-year residence in the district,
9225 and he lacked one-year residence in the Philippines Gabriel filed his certificate of candidacy for
as required in by Sec. 6, Art. VI of the Constitution. (UPLC congressman before the deadline set by law. His
Suggested Answers) opponent, Vito, hires you as lawyer to contest Gabriel’s
candidacy. (2010 BAR)
Q: Gandang Bai filed her certificate of candidacy (COC)
for municipal mayor stating that she is eligible to run (a) Before election day, what action or actions will you
for the said position. Pasyo Maagap, who also filed his institute against Gabriel, and before which court,
COC for the same position, filed a petition to deny due commission or tribunal will you file such action/s?
course or cancel Bai's COC under Section 78 of the Reasons.
Omnibus Election Code for material misrepresentation
as before Bai filed her COC, she had already been A: I will file a petition to cancel the certificate of candidacy
convicted of a crime involving moral turpitude. Hence, of Gabriel in the Commission on Elections because of the
she is disqualified perpetually from holding any public false material representation that he is qualified to run for
office or from being elected to any public office. Before congressman (Section 78 of the Omnibus Election Code;574
the election, the COMELEC cancelled Bai' s COC but her SCRA 787 [2008]). The question of the disqualification of
motion for reconsideration (MR) remained pending Gabriel cannot be raised before the House of
even after the election. Bai garnered the highest Representatives Electoral Tribunal because he is not yet a
number of votes followed by Pasyo Maagap, who took member of the House of Representatives. (Aquino v.
his oath as Acting Mayor. Thereafter, the COMELEC COMELEC, GR No. 120265, 08 Sept. 1995)
denied Bai's MR and declared her disqualified for
(b) If, during the pendency of such action / s but before
running for Mayor. P. Maagap asked the Department of
election day, Gabriel withdraws his certificate of
Interior and Local Government Secretary to be allowed
candidacy, can he be substituted as candidate? If so,
to take his oath as permanent municipal mayor. This
by whom and why? If not, why not?
request was opposed by Vice Mayor Umaasa, invoking
the rule on succession to the permanent vacancy in the
5. ELECTION PROTEST
Q: Give three issues that can be properly raised and
(2019, 2009, 2006, 2003, 2001, 1996 BAR)
brought in a pre-proclamation contest. (1996 BAR)
A: According to Sec. 243 of the Omnibus Election Code, the Q: As counsel for the protestant, where will you file an
following issues can be properly raised: election protest involving a contested elective position
in: (2009, 1996 BAR)
a. The composition or proceedings of the board of
canvassers are illegal; a. the barangay?
b. The canvassed election returns are incomplete, b. the municipality?
contain material defects, approved to be tampered c. the province?
with, or contain discrepancy in the same returns or d. the city?
in other authenticated copies; e. The House of Representatives?
c. The election returns were prepared under duress,
threats, coercion, or intimidation, or they are A: In accordance with Sec. 2(2), Art. IX-C of the Constitution
obviously manufactured or not authentic; and an election protest involving the elective position
d. Substitute or fraudulent returns in controverter enumerated should be filed in the following courts or
polling places were canvassed, the results of which tribunals:
materially affected the standing of the aggrieved
candidate or candidates. a. Barangay – Metropolitan Trial Court, Municipal
Circuit Trial Court, or Municipal Trial Court
However, according to Sec. 15 of the Synchronized Election
b. Municipality – Regional Trial Court
Law, no pre- proclamation cases shall be allowed on matters
c. Province – COMELEC
relating to the preparation, transmission, receipt, custody
d. City –COMELEC
and appreciation of the election returns or the certificates
e. House of Representatives – Under Sec. 17. Art. VI
of canvass with respect to the positions of President, Vice-
of the Constitution, an election protest involving the
President, Senator and Member of the House of
position of Member of the House of
Representatives. No pre-proclamation case is allowed in the
Representatives shall be filed in the House of
case of barangay elections. (UPLC Suggested Answers)
Representatives Electoral Tribunal. (UPLC
Suggested Answers)
Q: The 1st Legislative District of South Cotabato is
composed of General Santos and three municipalities
Q: Atty. G ran for Governor of the Province of Pampanga,
including Polomolok. During the canvassing
while his close friend, Atty. M, ran for Mayor of the
proceedings before the District Board of Canvassers in
Municipality of Guagua, Pampanga. They both won
connection with the 2007 congressional elections,
convincingly. Eventually, the losing candidates timely
candidate MP objected to the certificate of canvass for
filed election protests. The losing gubernatorial
Polomolok on the ground that it was obviously
candidate, Mr. A, filed his protest before the Regional
manufactured, submitting as evidence the affidavit of a
Trial Court of Pampanga (RTC), whereas the losing
mayoralty candidate of Polomok. The certificate of
mayoralty candidate, Mr. B, filed his protest before the
canvass for General Santos was likewise objected to by
Municipal Trial Court of Guagua, Pampanga (MTC).
MP on the basis of the confirmed report of the local
(2019 BAR)
NAMFREL that 10 election returns from non-existent
precincts were included in the certificate. MP moved (a) Does the RTC have jurisdiction over the case filed
that the certificate of canvass for General Santos be by Mr. A? Explain.
corrected to exclude the results from the non-existent
precincts. The District Board of Canvassers denied both A: The RTC does not have jurisdiction over the case filed by
objections and ruled to include the certificate of Mr. A. COMELEC has jurisdiction over an election contest
canvass. May MP appeal the rulings to the COMELEC? between a losing gubernatorial candidate and a proclaimed
Explain. (2008 BAR)
A: An election protest may be filed by a losing candidate for However, when the Solicitor General files a quo warranto
the same office for which the winner filed his certificate of petition in behalf of the people and where the interests of
candidacy. A quo warranto may be filed by any voter who is the public is involved, the lapse of time presents no effective
a registered voter in the constituency where the winning bar. (Republic v. Sereno, G.R. No. 237428, 11 May 2018)
candidate sought to be disqualified ran for office.
a) COMELEC
In an election contest, the issues are: (a) who received the
majority or plurality of the votes which were legally cast b) SENATE ELECTORAL TRIBUNAL (SET)
and (b) whether there were irregularities in the conduct of
the election which affected its results. c) HOUSE OF REPRESENTATAIVES ELECTORAL
TRIBUNAL (HRET)
In a quo warranto case, the issue is whether the candidate
who was proclaimed elected should be disqualified because
7. RECALL
of ineligibility or disloyalty to the Philippines. (UPLC
Suggested Answers)
A: "A" cannot file a petition for certiorari with the Supreme A. PUBLIC CORPORATIONS
Court. As held in Mastura vs. Commission on Elections (G.R.
No. 124521, 29 Jan. 1998), the Supreme Court cannot review
the decisions or resolutions of a division of the Commission 1. CONCEPT; DISTINGUISHED FROM GOVERNMENT-
on Elections. "A" should first file a motion for OWNED OR
reconsideration with the Commission on Elections en banc. CONTROLLED CORPORATION
6. QUO WARRANTO
2. CLASSIFICATIONS
(2012 BAR)
a) QUASI-CORPORATIONS
Q: Distinguish briefly between Quo Warranto in
elective office and Quo Warranto in appointive office.
b) MUNICIPAL CORPORATIONS
(2012 BAR)
C. AUTONOMOUS REGIONS AND THEIR RELATION TO Q: The City of San Rafael passed an ordinance
THE NATIONAL GOVERNMENT authorizing the City Mayor, assisted by the police, to
remove all advertising signs displayed or exposed to
public view in the main city street, for being offensive
to sight or otherwise a nuisance. AM, whose advertising
agency owns and rents out many of the billboards
D. LOCAL GOVERNMENT UNITS
ordered removed by the City Mayor, claims that the City
(2019, 2016, 2010, 2009, 2008, 2005, 2004, 2003,
should pay for the destroyed billboards at their current
2002, 1999, 1996, 1995, 1991 BAR)
market value since the City has appropriated them for
the public purpose of city beautification. The Mayor
refuses to pay, so AM is suing the City and the Mayor for
1. POWERS damages arising from the taking of his properly without
(2010, 2009, 2005, 2004, 2003, 1999, 1996, 1995, due process nor just compensation. Will AM’s suit
1991 BAR) prosper? Reason briefly. (2004 BAR)
a) POLICE POWER (GENERAL WELFARE CLAUSE) A: The suit of AM will not prosper. The removal of the
billboards is not an exercise of the power of eminent
(2010, 2004, 2003 BAR)
domain but of police power (Churchill v. Rafferty, GR No. L-
Q: ABC operates an industrial waste processing plant 10572, 21 Dec. 1915). The abatement of a nuisance in the
within Laoag City. Occasionally, whenever fluid exercise of police power does not constitute taking of
substances are released through a nearby creek, property and does not entitle the owner of the property
obnoxious odor is emitted causing dizziness among involved to compensation (Association of Small Landowners
residents in Barangay La Paz. On complaint of the in the Philippines, Inc. v. Secretary of Agrarian Reform GR
Punong Barangay, the City Mayor II wrote ABC No. 78742, 14 Jul. 1989).
demanding that it abate the nuisance. This was ignored.
An invitation to attend a hearing called by the Q:
Sangguniang Panlungsod was also declined by the
(a) Can a Barangay Assembly exercise any police
president of ABC. The city government thereupon
power?
issued a cease-and-desist order to stop the operations
of the plant, prompting ABC to file a petition for
A: NO. The Barangay Assembly cannot exercise any police
injunction before the Regional Trial. Court, arguing that
power. Under Section 398 of the Local Government Code, it
the city government did not have any power to abate
can only recommend to the Sangguniang Barangay the
the alleged nuisance. Decide with reasons. (2010 BAR)
adoption of measures for the welfare of the barangay and
decide on the adoption of an initiative.
A: The city government has no power to stop tile operations
of the plant. Since its operations is not a nuisance per se, the
(b) Can the Liga ng mga Barangay exercise
city government cannot abate it extra judicially. A suit must
legislative powers? (2003 BAR)
be filed in court. (ACEnterprises, Inc. v. Frabelle Properties
Corporation, G.R. No. 166744, 02 Nov. 2006) A: The Liga ng Mga Barangay cannot exercise legislative
powers. As stated in Bito-Onon v. Fernandez (GR No. 139813,
Q: The Sangguniang Panlungsod of Pasay City passed an
31 Jan. 2001), it is not a local government unit and its
ordinance requiring all disco pub owners to have all
primary purpose is to determine representation of the liga
their hospitality girls tested for the AIDS virus. Both
in the sanggunians; to ventilate, articulate, and crystallize
disco pub owners and the hospitality girls assailed the
issues affecting barangay government administration; and
validity of the ordinance for being violative of their
to secure solutions for them through proper and legal
constitutional rights to privacy and to freely choose a
means.
calling or business. Is the ordinance valid? Explain.
(2010 BAR) b) EMINENT DOMAIN
(2005 BAR)
A: The ordinance is a valid exercise of police power. The
right to privacy yields to certain paramount rights of the Q: The Sangguniang Bayan of the Municipality of Santa,
public and defers to the exercise of police power. The Ilocos Sur passed Resolution No. 1 authorizing its
A: The petition should be granted. In accordance with 2. The contract must be entered into by the proper
Macasiano v. Diokno (GR No. 97764, 10 Aug. 1992), since officer, i.e., the mayor, upon resolution of the
public streets are properties for public use and are outside Sangguniang Bayan pursuant to Section 142 of the
the commerce of man, the City Mayor and the City Engineer Local Government Code;
cannot lease or license portions of the city streets to market
stallholders. (UPLC Suggested Answers) 3. In accordance with Sec. 606 of the Revised
Administrative Code, there must be an
ALTERNATIVE ANSWER: appropriation of the public funds; and in
accordance with Sec. 607, there must be a
The petition should be denied. Under Section 21(d) of the certificate of availability of funds issued by the
Local Government Code, a city may by ordinance municipal treasurer; and
temporarily close a street so that a flea market may be
established. (ibid.) 4. The contract must conform with the formal
requisites of written contracts prescribed by law.
Q: Jose Y. Sabater is a real estate developer. He acquires (UPLC Suggested Answers)
raw lands and converts them into subdivisions. After
acquiring a lot of around 15 hectares in Cabanatuan g) ULTRA VIRES ACTS
City, he caused the preparation of a subdivision plan for
the property. Before he was able to submit the
2. LIABILITY OF LOCAL GOVERNMENT UNITS
subdivision plan to the Bureau of Lands and/or Land
Registration Commission for verification and/or
approval, he was informed that he must first present 3. SETTLEMENT OF BOUNDARY DISPUTES
the plan to the City Engineer who would determine (2005, 1999 BAR)
whether the zoning ordinance of the Cabanatuan City
had been observed. He was surprised when he was Q: What body or bodies are vested by law with the
asked to pay the city government a service fee of P0.30 authority to settle disputes involving: (1999 BAR)
per square meter of land, covered by his subdivision
plan. He was even more surprised when informed that (a) two or more towns within the same province
a fine of P200.00 and/or imprisonment for not
exceeding six months or both, have been fixed in the A: Under Sec. 118(b) of the Local Government Code,
ordinance as penalty for violation thereof. Believing boundary disputes involving two or more municipalities
that the city ordinance is illegal, he filed suit to nullify within the same province shall be settled by the
the same. Decide the case with reasons. (1998 BAR) Sangguniang Panlalawigan concerned. (UPLC Suggested
Answers)
A: The ordinance is null and void. In Villacorta v. Bernardo
(GR No. L-31249, 19 Aug. 1986) the Supreme Court held that (b) two or more highly urbanized cities.
a municipal ordinance cannot amend a national law in the
guise of implementing it. In this case, the requirement A: Under Sec. 118(d) of the Local Government Code,
actually conflicts with sec. 44 of Act No. 496 because the boundary disputes involving two or more highly urbanized
latter does not require subdivision plans to be submitted to cities shall be settled by the Sangguniang Panlungsod of the
the City Engineer before they can be submitted for approval parties. (ibid.)
to, and verification by, the Land Registration Commission
and/or the Bureau of Lands. (UPLC Suggested Answers) Q: There was a boundary dispute between Duenas, a
municipality, and Passi, an independent component
(2) LOCAL INITIATIVE AND REFERENDUM city, both of the same province. State how the two local
government units should settle their boundary dispute.
f) CORPORATE POWERS (2005 BAR)
(1995, 1991 BAR)
1. CONCEPT OF JUS COGENS Q: State A and State B, two sovereign states, enter into a
(PREEMPTORY NORMS OF INTERNATIONAL LAW) 10-year mutual defense treaty. After five years, State A
(2010, 2008 BAR) finds that the more progressive State B did not go to the
aid of State A when it was threatened by its strong
neighbor State C. State B reasoned that it had to be
Q: The dictatorial regime of President A of the Republic
prudent and deliberate in reacting to State C because of
of Gordon was toppled by a combined force led by Gen.
their existing trade treaties. (2017 BAR)
Abe, former royal guards and the secessionist Gordon
People's Army. The new government constituted a
a. What is the difference between the principles of
Truth and Reconciliation Commission to look into the
pacta sunt servanda and rebus sic stantibus in
serious crimes committed under President A's regime.
international law?
After the hearings, the Commission recommended that
an amnesty law be passed to cover even those involved A: Pacta sunt servanda means that every treaty in force is
in mass killings of members of indigenous groups who binding upon the States who are parties to it and States
opposed President A. International human rights must perform their obligation in good faith. (Deutsche Bank
groups argued that the proposed amnesty law is AG Manila Branch v. Commissioner of Internal Revenue, G.R.
contrary to international law. Decide with reasons. No. 188550, 19 Aug. 2013)
(2010 BAR)
Rebus sic stantibus means that a fundamental change of
A: The proposed amnesty can be considered as contrary to circumstances, which occurred with regard to those
international law. The mass killings of members of existing at the time of the conclusion of a treaty and which
indigenous groups constitutes genocide, which is was not foreseen by the parties may not be invoked for
universally and customarily recognized as a crime, and as withdrawing from a treaty unless their existence
acknowledged and defined in several international constituted an essential basis of the consent of the parties
covenants, among them being the Convention for the and their effect is to radically transform the extent of the
Prevention and Punishment of the Crime of Genocide and obligations still to be performed. (Art. 62, Vienna Convention
the Rome Statute of the International Criminal Court. (Bar on the Law of Treaties)
Q & A Political LAw and Public International Law 2023
Edition, Cruz) b. Are the principles of pacta sunt servanda and rebus
sic stantibus relevant in the treaty relations
between State A and State B? What about in the
2. OBLIGATION ERGA OMNES A: The international agreement creating the IEO is a treaty.
It is submitted that the international agreement creating the
International Economic Organization can be considered as
an executive agreement, which therefore need not be
C. GENERAL PRINCIPLES OF LAW submitted to the Senate for its concurrence.
(2017, 2016, 2012, 2008, 2007, 2003 BAR)
There are no hard and fast rules on the propriety of
entering, on a given subject, into a treaty or an executive
Q: State A and State B, two sovereign states, enter into a agreement as an instrument of international relations. The
10-year mutual defense treaty. After five years, State A primary consideration in the choice of the form of
finds that the more progressive State B did not go to the agreement is the parties' intent and desire to craft an
aid of State A when it was threatened by its strong international agreement in the form they so wish to further
neighbor State C. State B reasoned that it had to be their respective interests. Verily, the matter of form takes a
prudent and deliberate in reacting to State C because of back seat when it comes to effectiveness and binding effect
their existing trade treaties. (2017 BAR) of the enforcement of a treaty or an executive agreement, as
the parties in either international agreement each labor
May State A now unilaterally withdraw from its mutual under the pacta sunt servanda principle. Save for the
defense treaty with State B? Explain your answer. situation and matters contemplated in Sec. 25, Art. XVIII of
the Constitution when a treaty is required, the Constitution
A: State A may unilaterally withdraw from the mutual does not classify any subject, like that involving political
defense treaty, State B committed a material breach of the issues, to be in the form of, and ratified as, a treaty.
treaty by failing to come to the aid of State A. (Art. 60, Vienna
Convention on the Law of Treaties; Kolb, 2016; Aust,2013) What the Constitution merely prescribes is that treaties
need the concurrence of the Senate by a vote defined
Q: The President signs an agreement with his therein to complete the ratification process. "The right of
counterpart in another country involving reciprocity in the Executive to enter into binding agreements without the
the treatment of each country's nationals residing in necessity of subsequent Congressional approval has been
the other's territory. However, he does not submit the confirmed by long usage. From the earliest days of our
agreement to the Senate for concurrence. Sec. 21, Art. history, we have entered executive agreements covering
VII of the Constitution provides that no treaty or such subjects as commercial and consular relations, most
international agreement shall be valid and effective favored-nation rights, patent rights, trademark and
without such concurrence. copyright protection, postal and navigation arrangements
and the settlement of claims. The validity of these has never
A: The verbal agreement by telephone is binding between b. The Executive Agreement is also binding from the
the parties on the basis of customary international law. standpoint of international law. International law
(Aust, 2013) executive agreements are equally binding as
treaties upon the States who are parties to them.
(b) Assuming the answer to (a.) is in affirmative, does (Bayan v. Zamora, G.R. No. 138570, 10 0ct. 2000)
that agreement constitute a Treaty under the 1969 Additionally, under Art. 2(1)(a) of the Vienna
Vienna Convention on the Law on Treaties? Convention on the Law of Treaties, whatever may be
the designation of a written agreement between
A: The verbal agreement does not constitute a treaty under States, whether it is indicated as a Treaty,
Vienna Convention on the Law of Treaties. Art. 3 requires Convention or Executive Agreement, is not legally
that for an international agreement to be a treaty, it must be significant. Still, it is considered a treaty and
in written form. (UPLC Suggested Answers) governed by the international law of treaties.
Q: The President alone without the concurrence of the Q: The City Mayor issues an Executive Order declaring
Senate abrogated a treaty. Assume that the other that the city promotes responsible parenthood and
country- party to the treaty is agreeable to the upholds natural family planning. He prohibits all
abrogation provided it complies with the Philippine hospitals operated by the city from prescribing the use
Constitution. If a case involving the validity of the treaty of artificial methods of contraception, including
abrogation is brought to the Supreme Court, how condoms, pills, intrauterine devices and surgical
should it be resolved? (2008 BAR) sterilization. As a result, poor women in his city lost
their access to affordable family planning programs.
A: The President should be overruled. The President cannot Private clinics however, continue to render family
abrogate a treaty alone even if the other State, party to a planning counsel and devices to paying clients.
treaty, agrees to the abrogation. If the legislative branch
ratifies a treaty by 2/3 vote it must also do so when the Is the Philippines in breach of any obligation under
President abrogates it. The President cannot motu proprio international law? Explain. (2007 BAR)
abrogate the treaty. (UPLC Suggested Answers)
A: The acts of the City Mayor may be attributed to the
ALTERNATIVE ANSWER: Philippines under the principle of state responsibility. Art.
26 of the International Covenant on Civil and Political rights
The Supreme Court should sustain the validity of the requires that Philippine law shall prohibit any
abrogation of the treaty. There is no constitutional discrimination and shall guarantee to all persons equal and
provision governing the termination of a treaty. What the effective protection against discrimination on any ground
3. INVERTED MONOSIM
B. NON-STATE ENTITIES
4. HARMONIZATION
C. INTERNATIONAL ORGANIZATIONs
II. INTERNATIONAL LEGAL PERSON
A: According to the CONSTITUTIVE THEORY, recognition An executive agreement is about to be signed for that
is the last indispensable element that converts the state purpose. The agreement includes a clause whereby the
being recognized into an international person. Philippine Government acknowledges that any liability
to the "comfort women" or their descendants are
According to the DECLARATORY THEORY, recognition is deemed covered by the reparations agreements signed
merely an acknowledgment of the pre-existing fact that the and implemented immediately after the Second World
state being recognized is an international person. (Cruz, War. Juliano Iglesias, a descendant of a now deceased
2003) comfort woman, seeks your advice on the validity of the
agreement. Advise him. (1992 BAR)
Q: Distinguish between de facto recognition and de jure
recognition of states. (1998 BAR) A: The agreement is valid. The comfort women and their
descendants cannot assert individual claims against Japan.
A: The following are the distinctions between de facto As stated in Davis & Moore vs. Regan (453 U.S. 654,02 July
recognition and de jure recognition of a government: 1981), the sovereign authority of a State to settle claims of
its nationals against foreign countries has repeatedly been
a. De facto recognition is provisional, de jure recognized. This may be made without the consent of the
recognition is relatively permanent; nationals or even without consultation with them. Since the
b. De facto recognition does not vest title in the continued amity between a State and other countries may
government to its properties abroad; de Jure require a satisfactory compromise of mutual claims, the
recognition does; necessary power to make such compromises has been
recognized. The settlement of such claims may be made by
executive agreement. (UPLC Suggested Answers)
(c) Is a stateless person entirely without right, SEC. 2. The baselines in the following areas over which
protection or recourse under the Law of Nations? the Philippines likewise exercises sovereignty and
Explain. jurisdiction shall be determined as Regime of Islands under
the Republic of the Philippines consistent with Art. 121 of
A: NO. Under the Convention in Relation to the Status of the United Nations Convention on the Law of the Sea
Stateless Person, the contracting states agreed to accord to (UNCLOS):
stateless persons within their territories treatment at least
as favorable as that accorded to their nationals with respect a. The Kalayaan Island Group as constituted
to freedom of religion, access to the courts, rationing of under Presidential Decree No. 1596 and
products in short supply, elementary education, public b. Bajo de Masinloc, also known as Scarborough
relief and assistance, labor legislation and social security. Shoal.
They also agreed to accord to them treatment not less
favorable than that accorded to aliens generally in the same Although the Philippines has consistently claimed
circumstances. The Convention also provides for the sovereignty over the KIG32 and the Scarborough Shoal for
issuance of identity papers and travel documents to several decades, these outlying areas are located at an
stateless person. (ibid.) appreciable distance from the nearest shoreline of the
Philippine archipelago, such that any straight baseline
(d) What measures, if any, has International Law loped around them from the nearest basepoint will
taken to prevent statelessness? inevitably depart to an appreciable extent from the general
configuration of the archipelago.
A: In the Convention on the Conflict of Nationality Laws of
1930, the contracting states agreed to accord nationality to Hence, far from surrendering the Philippines claim over the
persons born in their territory who would otherwise be KIG and the Scarborough Shoal, Congress decision to
stateless. The Convention on the Reduction of Statelessness classify the KIG and the Scarborough Shoal as Regime[s] of
of 1961 provides that if the law of the contracting States Islands under the Republic of the Philippines consistent
results in the loss of nationality as a consequence of with Art. 121 of UNCLOS III manifests the Philippine States
marriage or termination of marriage, such loss must be responsible observance of its pacta sunt servanda
conditional upon possession or acquisition of another obligation under UNCLOS III. Under Art. 121 of UNCLOS III,
nationality. (ibid.) any naturally formed area of land, surrounded by water,
which is above water at high tide, such as portions of the
ALTERNATIVE ANSWER: Under the Convention on the KIG, qualifies under the category of regime of islands, whose
Reduction of Statelessness of 1961, a contracting state shall islands generate their own applicable maritime zone
grant its nationality to a person born in its territory who (Magallona v. Ermita, G.R. No. 187167, 16 Aug. 2011)
would otherwise be stateless, and a contracting state may
not deprive a person or a group of persons of their ALTERNATIVE ANSWER:
nationality for racial, ethnic, religious or political grounds.
(ibid.) Prof. Agaton’s contention is erroneous. Under Art. 121 of the
UNCLOS, “Regime of islands” is a definition of the island as
3. PROTECTIVE PRINCIPLE “a naturally formed area of land, surrounded by water
which is above water at high tide.”
4. PASSIVE PERSONALITY PRINCIPLE On the other hand, this provision is differentiated from
“rocks” which cannot sustain human habitation of their
own.
B. TITLE TO TERRITORY
(2016 BAR) The importance of the difference between natural island
and rock is that an island is provided with territorial sea,
exclusive economic zone and continental shelf, whereas
This is the difference by which R.A. No. 9522 introduced into A: The objection of Congressman Pat Rio Tek does not hold
the KIG and separately Panatag or Scarborough Shoal is an water. UNCLOS does not define the internal and territorial
island. waters of states but merely "prescribes the water-land
ratio, length, and contour of baselines of archipelagic States
“Regime of Islands”, has no relevance to acquisition or loss like the Philippines. Whether referred to as Philippine
of sovereignty. R.A. No. 9522 has the effect of possibly internal waters or as archipelagic waters under UNCLOS,
dividing the area in question into island and rocks, the Philippines exercises sovereignty over the body of
apparently to make clear for each of the maritime zones water lying landward of the baselines, including the air
involved in the definition of island or of rocks. space over it and the submarine areas underneath.
Is the claim meritorious or not? Reason briefly. (2004 A: Assuming that Epsilon and Beta are parties to the
BAR) UNCLOS, the controversy may be resolved as follows:
A: The claim of innocent passage is not meritorious. While Under the UNCLOS, warships enjoy a right of innocent
the vessel has the right of innocent passage, it should not passage. It appears that the portion of Epsilon's territorial
commit a violation of any international convention. The sea in question is a strait used for international navigation,
vessel did not merely navigate through the territorial sea, it Epsilon has no right under international law to suspend the
also dragged red corals in violation of the international right of innocent passage. Art. 45(2) of the UNCLOS is clear
convention which protected the red corals. This is in providing that there shall be no suspension of innocent
prejudicial to the good order of the Philippines. (Art. 19(2) passage through straits used for international navigation.
of the Convention on the Law of the Sea)
On the assumption that the straits in question are not used
Q: Distinguish briefly but clearly between: The for international navigation, still the suspension of innocent
territorial sea and the internal waters of the passage by Epsilon cannot be effective because suspension
Philippines. (2004 BAR) is required under international law to be duly published
before it can take effect. There being no publication prior to
A: Territorial sea is an adjacent belt of sea with a breadth of the suspension of innocent passage by Beta's warship,
twelve nautical miles measured from the baselines of a state Epsilon's act acquires no validity.
and over which the state has sovereignty. (Arts. 2 and 3,
UNCLOS) Ship of all states enjoy the right of innocent Moreover, Epsilon's suspension of innocent passage may
passage through the territorial sea. (Art. 14, UNCLOS) not be valid for the reason that there is no showing that it is
essential for the protection of its security. The actuation of
Under Sec. 1, Art. I of the 1987 Constitution, the internal Beta's warship in resorting to delayed passage is for cause
waters of the Philippines consist of the waters around, recognized by the UNCLOS as excusable, i.e., for the purpose
between and connecting the islands of the Philippine of rendering assistance to persons or ship in distress, as
Archipelago, regardless of their breadth and dimensions, provided in Article 18(2) of the UNCLOS. Hence, Beta's
including the waters in bays, rivers and lakes. No right of warship complied with the international law norms on right
innocent passage for foreign vessels exists in the case of of innocent passage. (UPLC Suggested Answers)
internal waters (Harris, 1998). Internal waters are the
waters on the landward side of baselines from which the 2. CONTIGUOUS ZONE
breadth of the territorial sea is calculated. (Brownlie, 1990) (2022, 2019, 2004 BAR)
Q: Under the United Nations Convention on the Law of A: The exclusive economic zone under the Convention on
the Sea (UNCLOS), what are the rights of the Philippines the Law of the Sea is an area beyond and adjacent to the
within the following areas: territorial sea, which shall not extend beyond 200 nautical
miles from the baselines from which the territorial sea is
Contiguous zone (2019 BAR) measured. The coastal State has in the exclusive economic
zone:
A: The Contiguous Zone is an intermediary zone between
the territorial sea and the high seas extending enforcement
a. Sovereign rights for the purpose of exploring and
jurisdiction of the coastal state to a maximum of 24 nautical
exploiting, conserving and managing the natural
miles from baselines for the purposes of preventing or
resources, whether living or nonliving, if the
punishing violations of customs, fiscal, immigration or
waters superjacent to the sea-bed and of the
sanitary (and thus residual national security) legislation.
seabed and subsoil, and with regard to other
activities for the economic exploitation and
Q: Distinguish briefly but clearly between: the
exploration of the zone, such as the production of
contiguous zone and the exclusive economic zone.
energy from the water, currents and winds;
(2004 BAR)
b. Jurisdiction as provided in the relevant provisions
of the Convention with regard to:
A: CONTIGUOUS ZONE is a zone contiguous to the
i. the establishment and use of artificial
territorial sea and extends up to twelve nautical miles from
islands, installations and structures;
the territorial sea and over which the coastal state may
ii. marine scientific research;
exercise control necessary to prevent infringement of its
iii. and the protection and preservation of the
customs, fiscal, immigration or sanitary laws and
marine environment;
regulations within its territory or territorial sea. (Art. 33
c. Other rights and duties provided for in the
UNCLOS)
Convention. (Art. 56, UNCLOS)
A: The Philippines will be under obligation to extradite On the eve of the assassination attempt, John's men
Lawrence. Both the Philippines and the United States have were caught by members of the Presidential Security
an anti-hacker law. The requirement of double criminality Group. President Harry went on air threatening to
is satisfied even if the act was not criminal in the requested prosecute plotters and dissidents of his administration.
state at the time of its occurrence if it was criminal at the The next day, the government charged John with
time that the request was made. (Bassiouni, 2014) assassination attempt and William with inciting to
sedition. John fled to Republic A. William, who was in
ALTERNATIVE ANSWER: Republic B attending a lecture on democracy, was
advised by his friends to stay in Republic B. Both
The Philippines is under no obligation to extradite Republic A and Republic B have conventional
Lawrence. There was no anti-hacker law in the Philippines extradition treaties with Republic X. If Republic X
when Lawrence was charged in the United States; hence, an requests the extradition of John and William, can
extradition of Lawrence is tantamount to ex post facto Republic A deny the request? Why? State your reason
application of the Philippine anti-hacker law, prohibited by fully. (2002 BAR)
Sec. 22, Art. III of the 1987 Constitution.
A: Republic A can refuse to extradite John, because his
Q: The Philippines and Australia entered into a Treaty offense is a political offense. John was plotting to take over
of Extradition concurred in by the Senate of the the government and the plan of John to assassinate
Philippines on September 10, 1990. Both governments President Harry was part of such plan. However, if the
have notified each other that the requirements for the extradition treaty contains an attentat clause, Republic A
entry into force of the Treaty have been complied with. can extradite John, because under the attentat clause, the
It took effect in 1990. taking of the life or attempt against the life of a head of state
or that of the members of his family does not constitute a
The Australian government is requesting the political offense and is therefore extraditable. (UPLC
Philippine government to extradite its citizen, Gibson, Suggested Answers)
who has committed in his country the indictable
offense of Obtaining Property by Deception in 1985. ALTERNATIVE ANSWER:
The said offense is among those enumerated as
extraditable in the Treaty. Republic A may or can refuse the request of extradition of
William because he is not in its territory and thus it is not in
For his defense, Gibson asserts that the retroactive the position to deliver him to Republic X.
application of the extradition treaty amounts to an ex
post facto law. Rule on Gibson's contention. (2005 BAR) Even if William were in the territorial jurisdiction of
Republic A, he may not be extradited because inciting to
A: Gibson is incorrect. The retroactive application of the sedition, of which he is charged, constitutes a political
Treaty of Extradition does not violate the prohibition offense. It is a standard provision of extradition treaties,
against ex post facto laws, because the Treaty is neither a such as the one between Republic A and Republic X, that
piece of criminal legislation nor a criminal procedural political offenses are not extraditable. (ibid.)
statute. (Wright v. Court of Appeals, G.R. No. 113213, 15 Aug. ALTERNATIVE ANSWER:
1994) It merely provided for the extradition of persons
Q: The Extradition Treaty between France and the State sovereignty is the ability of a state to act without
Philippines is silent as to its applicability with respect external controls on the conduct of its affairs. (Fox, 1992)
to crimes committed prior to its effectivity. (1996 BAR)
Q: Is state sovereignty absolute? (2006 BAR)
(a) Can France demand the extradition of A, a French
A: State sovereignty is not absolute. It is subject to
national residing in the Philippines, for an offense
limitations imposed by membership in the family of nations
committed in France prior to the effectivity of the
and limitations imposed by treaty stipulations. (Tanada v
treaty? Explain.
Angara, G.R. No. 118295, 02 May 1997)
A: YES, France can ask for the extradition of A for an offense
Q: What is the concept of association under
committed in France before the effectivity of the Extradition
international law? (2009 BAR)
Treaty between France and the Philippines. In Cleugh v.
Strakos, (109 Fed. 330, 01 Feb. 1940) it was held that an
A: An association is formed when two states of unequal
extradition treaty applies to crimes committed before its
power voluntarily establish durable links. The associate
effectivity unless the extradition treaty expressly exempts
delegates certain responsibilities to the other, the principal,
them. As Whiteman points out, extradition does not define
while maintaining its status as a state. It is an association
crimes but merely provides a means by which a State may
between sovereigns. The associated state arrangement has
obtain the return and punishment of persons charged with
usually been used as a transitional device of former colonies
or convicted of having committed a crime who fled the
on their way to full independence. (Province of North
jurisdiction of the State whose law has been violated. It is
Cotabato v. GRP Peace Panel on Ancestral Domain, G.R. No.
therefore immaterial whether at the time of the commission
183591, 14 Oct. 2008)
of the crime for which extradition is sought no treaty was in
existence. If at the time extradition is requested there is in
Q: What is the principle of auto-limitation? (2006 BAR)
force between the requesting and the requested State a
treaty covering the offense on which the request is based,
A: Under the principle of auto-limitation, any state may by
the treaty is applicable. (Whiteman, 1963)
its consent, express or implied, submit to a restriction of its
sovereign rights. There may thus be a curtailment of what
(b) Can A contest his extradition on the ground that it
otherwise is a plenary power. (Reagan v. CIR, G.R. L-26379,
violates the ex post facto provision of the Philippine
27 Dec. 1969)
Constitution? Explain.
Q: What is the relationship between reciprocity and the
A: NO, A cannot contest his extradition on the ground that
principle of auto-limitation? (2006 BAR)
it violates the ex post facto provision of the Constitution.
The prohibition against ex post facto laws in Sec. 22, Art. III
A: By reciprocity, States grants to one another rights or
of the 1987 Constitution applies to penal laws only and does
concessions, in exchange for identical or comparable duties,
not apply to extradition treaties. (Wright v. Court of Appeals,
thus acquiring a right as an extension of its sovereignty and
G.R. No. 113213, 15 Aug. 1994)
at the same time accepting an obligation as a limitation to
its sovereign will, hence, a complementation of reciprocity
2. CIVIL JURISDICTION and auto-limitation.
Sovereign immunity has developed into two schools of Can the President's act of deporting an undesirable
thought, namely, absolute immunity and restrictive alien be subject to judicial review? (2018 BAR)
immunity. By absolute immunity, all acts of a State are
covered or protected by Immunity. On the other hand, A: The power to deport aliens is an act of State, an act done
restrictive immunity makes a distinction between by or under the authority of the sovereign power. It is a
governmental or sovereign acts (acta jure imperii) and police measure against undesirable aliens whose continued
nongovernmental, propriety or commercial acts (acta jure presence in the country is found to be injurious to the public
gestiones). Only the first category of acts is covered by good and the domestic tranquility of the people. (Rosas v.
sovereign immunity. The Philippine adheres to the Montor, G.R. No. 204105, 14 Oct. 2015)
1. inherent right of individual or collective self- It may bring the matter to the Security Council which may
defense under Art. 51; authorize sanctions against Country X, including measure
2. enforcement measure involving the use of armed invoking the use of force. Under Art. 4 of the UN Charter,
forces by the UN Security Council under Art. 42; Country Y may use force against Country X as well as against
and the Ali Baba organization by authority of the UN Security
3. enforcement measure by regional arrangement Council. (UPLC Suggested Answers)
under Art. 53, as authorized by the UN Security
Council. The allied forces did not launch military ALTERNATIVE ANSWER:
operations and did not occupy Iraq on the claim
that their action was in response to an armed Under the Security Council Resolution No. 1368, the
attack by Iraq, of which there was none. (ibid.) terrorist attack of Ali Baba may be defined as a threat to
peace, as it did in defining the September 11, 2001 attacks
Moreover, the action of the allied forces was taken in against the United States. The resolution authorizes
defiance or disregard of the Security Council Resolution No. military and other actions to respond to terrorist attacks.
1441 which set up an enhanced inspection regime with the However, the use of military force must be proportionate
aim of bringing to full and verified completion the and intended for the purpose of detaining the persons
disarmament process, giving Iraq a final opportunity to allegedly responsible for the crimes and to destroy military
comply with its disarmament obligations. This resolution objectives used by the terrorists.
was in the process of implementation; so was Iraq's
compliance with such disarmament obligations. (ibid.) The fundamental principles of international humanitarian
law should also be respected. Country Y cannot be granted
Q: On October 13, 2001, members of Ali Baba, a political sweeping discretionary powers that include the power to
extremist organization based in and under the decide what states are behind the terrorist organizations. It
protection of Country X and espousing violence is for the Security Council to decide whether force may be
worldwide as a means of achieving its objectives, used against specific states and under what conditions the
planted high-powered explosives and bombs at the force may be used. (ibid.)
International Trade Tower (ITT) in Jewel City in
Country Y, a member of the United Nations. As a result Q: Walang Sugat, a vigilante group composed of private
of the bombing and the collapse of the 100-story twin businessmen and civic leaders previously victimized by
towers, about 2,000 people, including women and the Nationalist Patriotic Army (NPA) rebel group, was
children, were killed or injured, and billions of dollars implicated in the torture and kidnapping of Dr.
in property were lost. Mengele, a known NPA sympathizer. Under public
international law, what rules properly apply? What
Immediately after the incident, Ali Baba, speaking liabilities, if any, arise thereunder if Walang Sugat’s
through its leader Bin Derdandat, admitted and owned involvement is confirmed? (1992 BAR)
responsibility for the bombing of ITT, saying that it was
done to pressure Country Y to release captured A: On the assumption that Dr. Mengele is a foreigner, his
members of the terrorist group. Ali Baba threatened to torture violates the International Covenant on Civil and
repeat its terrorist acts against Country Y if the latter Political Rights, to which the Philippine has acceded. Art. 7
and its allies failed to accede to Ali Baba’s demands. In of the Covenant on Civil and Political Rights provides that no
response, Country Y demanded that Country X one shall be subjected to torture or to cruel, inhuman or
surrender and deliver Bin Derdandat to the degrading treatment or punishment.
On the assumption that Dr. Mengele is a foreigner, his claim A: The appropriate remedy available to the family of A is to
will have to be directed against the members of Walang seek diplomatic protection from Great Britain to press a
Sugat on the basis of the Philippine law and be addressed to claim for reparation. (Brownlie, 2003) However, in order
the jurisdiction of Philippine courts. His claim may be based that the claim will be allowable under customary
on the generally accepted principles of international law, international law, the family of A must first exhaust the legal
which form part of Philippine law under Sec. 2, Art. II of the remedies available in Thailand. (Brownlie, 2003)
Constitution. His claim may be premised on relevant norms
of international law of human rights. (ibid.) Q: In a raid conducted by rebels in a Cambodian town,
an American businessman who has been a long-time
Under international law, Dr. Mengele must first exhaust the resident of the place was caught by the rebels and
remedies under Philippine law before his individual claim robbed of his cash and other valuable personal
can be taken up by the State of which he is a national unless belongings. Within minutes, two truckloads of
the said State can satisfactorily show it is its own interests government troops arrived prompting the rebels to
that are directly injured. If this condition is fulfilled, the said withdraw. Before fleeing they shot the American
State's claim will be directed against the Philippines as a causing him physical injuries. Government troopers
subject of international law. Thus it would cease to be an immediately launched pursuit operations and killed
individual claim of Dr. Mengele. (ibid.) several rebels. No cash or other valuable property
taken from the American businessman was recovered.
Dr. Mengele’s case may concern international law norms on
State responsibility, but the application of these norms In an action for indemnity filed by the US Government
require that the basis or responsibility is the relevant acts in behalf of the businessman for injuries and losses in
that can be attributed to the Philippines as a State. (ibid.) cash and property, the Cambodian government
contended that under International Law it was not
Hence, under the principle of attribution it is necessary to responsible for the acts of the rebels. (1995 BAR)
show that the acts of the vigilante group Walang Sugat can
be legally attributed to the Philippines by the State of which (a) Is the contention of the Cambodian government
Dr. Mengele is a national. (ibid.) correct? Explain.
The application of treaty norms of international law on A: YES, the contention of the Cambodian Government is
human rights, such as the provision against torture in the correct. Unless it clearly appears that the government has
International Covenants in Civil and Political Rights pertain failed to use promptly and with appropriate force its
to States. The acts of private citizens composing Walang constituted authority it cannot be held responsible for the
Sugat cannot themselves constitute a violation by the acts of rebels, for the rebels are not its agents and their acts
Philippines as a State. (ibid.) were done without its volition. In this case, government
troopers immediately pursued the rebels and killed several
1. REMEDIES UNDER TREATY-BASED MECHANISMS of them. (UPLC Suggested Answers)
(2010, 1995 BAR)
(b) Suppose the rebellion is successful and a new
government gains control of the entire State,
Q: A, a British photojournalist, was covering the violent
replacing the lawful government that was toppled,
protests of the Thai Red-Shirts Movement in Bangkok.
may the new government be held responsible for
Despite warnings given by the Thai Prime Minister to
the injuries or losses suffered by the American
foreigners, especially journalists, A moved around the
businessman? Explain.
Thai capital. In the course of his coverage, he was killed
with a stray bullet which was later identified as having
A: The new government may be held responsible if it
come from the ranks of the Red-Shirts. The wife of A
succeeds in overthrowing the government. Victorious rebel
sought relief from Thai authorities but was refused
movements are responsible for the illegal acts of their
assistance. (2010 BAR)
forces during the course of the rebellion. The acts of the
rebels are imputable to them when they are assumed as
(a) Is there state responsibility on the part of Thailand?
duly constituted authorities of the state. (ibid.)
A: