JOHN ROMAR C.

TAROY

1. Can a charismatic and effective 30 year old former mayor of a chartered city in Metro Manila
legally run for President of the Republic of the Philippines in the 2022 elections? Explain briefly.

No. The constitution provides that a person should be at least 50 years of age in order for the latter to
run for presidency. Therefore, a 30-year-old former mayor cannot run for the president in the 2022
elections.

2. A Senator filed a petition for mandamus to compel a newly elected President to sign, approve and
transmit to the Senate for its ratification the treaty creating the International Criminal Court. Should this
petition prosper? Explain briefly.

No, this petition should not prosper, on the grounds of separation of powers.

Separation of powers states that a department of a state cannot encroach on the prerogatives of
another branch. Therefore, a senator cannot compel the president to sign, approve and transmit to
the senate the ratification of the treaty creating the international criminal court.

3. The accused in a pending case forcibly snatched the daughter of a judge and kept her in an
undisclosed location. The accused then called to tell the judge that the daughter would only be released
if the judge would acquit the accused in the pending crime. Did the accused commit a crime with these
acts? Explain briefly.

Yes, the accused committed the crime of kidnapping, because the accused snatched forcibly a person
without consent the latter’s consent.

4. The head of a big company's human resources division copied and shared an employee's physical and
email address, birthdate, civil status, and some photos with a friend who found the employee attractive.
Did the head of the human resources division commit a crime? Explain briefly.

No, but the head of the human resource division can be sued for moral damages under the civil code.
under the civil code, a person is expected to exercise his right and duties.

5. A wife was able to validly obtain a judicial declaration of her husband's presumptive death after he
had disappeared after ten years. She then remarried in accordance with law. To her surprise, a few years
after her remarriage, her first husband reappeared. Does the first husband's reappearance
automatically, without need of any further act, terminate the second marriage? Explain briefly

No, the husband’s reappearance will not automatically terminate the second marriage because, the
marriage between the first husband and the wife was already dissolved by the judicial declaration of
the latter’s husband’s presumptive death. Therefore, the judicial declaration of the wife’s first
husband’s presumptive death is already valid and executory, and that the second marriage is valid and
will not be terminated by the first husband’s reappearance.

6. A Japanese national was able to obtain a divorce decree concerning his marriage with his Filipino wife.
The decree capacitated the Japanese national to remarry. Can the Filipino wife now avail of Article 26 of
the Family Code and then remarry? Explain briefly.

Yes, the Filipino wife can avail article 26 of the family code, because under article 26, 2 nd paragraph, a
foreigner who validly obtained a divorce decree will automatically enable the Filipino wife to remarry
provided that the latter will prove it and provide evidence that pertains to the divorce decree
obtained by the foreigner.

7. Can dolphins be plaintiffs in a suit to enjoin a land reclamation that will affect a biodiverse coral reef?
Explain briefly.

No, dolphins don’t have the legal capacity to sue or be enjoined as plaintiffs in a suit. But they can be
represented by a person who has the legal capacity to sue in a writ of kalikasan, because the
constitution protects the right of the people to have a balance and ecological environment.

8. Is the printout of a photograph from your mobile phone showing a fly in the soup you ordered
admissible evidence in an action for damages against the restaurant owner? Explain briefly

Yes, a print out of a photograph is admissible. Rules of evidence provides that a photo or copy of the
main evidence is admissible evidence. Therefore, a print out of a photograph from the mobile phone
is an admissible evidence in an action for damages.