THE SITUATION

1. Senator Ricardo Borromeo is a prominent political personality in the Philippines. In

the 2016 national elections, Senator Borromeo ranked 2 nd in the Senatorial race, led
only by Senator Lim, who grabbed top spot in the Senatorial race with margin of only
four hundred thousand votes.

2. Senator Borromeo’s initial popularity was attributed to his image as a staunch critic
of the previous President, whose approval ratings dwindled in the 2 nd half of his term.
Moreover, Senator Borromeo is loved by the people and groups because of his
famous television and radio program entitled “Isumbong kay Bro-meo” – a platform
where ordinary citizens can air out their frustrations and seek redress of their
grievances without resorting to courts and without spending for lawyer’s fees.

3. Senator Borromeo’s supporters position the Senator as a viable presidential candidate

in the next election.

4. In his first year, Senator Borromeo authored Senate Bill No. 2092 entitled “The
Renewable Energy Acceleration and Development Act” which, among others, sought
to amend the Indigenous People’s Rights Act (“IPRA”) by opening certain areas
within ancestral lands of recognized indigenous people’s organizations to renewable
energy generation companies identified by the government for the increase of
production and rebalancing of renewable energy portfolio of the Philippines. The
President certified the immediate enactment of Senate Bill No. 2092 to meet the
Philippines’ emergency on climate change and energy shortage.

5. Under the same bill, the renewable energy developers only need to apply with the
Department of Energy and the Energy Regulatory Commission for a service contract,
which may then be approved after due deliberation. Once a service contract is
approved, the same shall be transmitted to the National Commission on Indigenous
Peoples for the conduct of an “expedited and government-led” Free Prior and
Informed Consent (“FPIC”) and the issuance of the Certificate Precondition.
Thereafter, the developer can enter the ancestral lands and build the necessary
generation plant.

6. The Senate passed the bill in two (2) separate days after reading the bill once in the
Committee on Energy and Natural Resources and twice in the plenary. Its printed
final form then was distributed to the Members of the Senate a day before it was
passed. Thereafter, the same was transmitted to the House of Representatives for
consideration.

7. While the bill was under consideration by the House of Representatives, a non-
government organization called “Tabang Katutubo ng Pilipinas”, translated as “Help
the Indigenous Peoples’ of the Philippines,” (“TKP”) filed a complaint before the
Supreme Court assailing the validity of Senate Bill No. 2092, arguing that it is
contrary to Section 26(2), Art. VI of the 1987 Constitution.
8. Mr. Argoncillo of the North District of Davao City and Ms. Trajano of the 2 nd District
of Iloilo Province, both incumbent members of the House of Representatives, joined
in the petition assailing Bill No. 2092.

9. The Municipality of Quezon in Palawan, which is home to more or less 500,000

indigenous peoples and whose territory consists of 78% ancestral lands and domains,
first filed a case of protest before the Department of Interor and Local Government
questioning the validity of the bill, but the DILG dismissed it on lack of jurisdiction.
The Municipality of Quezon questioned the DILG’s decision before the Regional
Trial Court, which dismissed the case for lack of merit. Ulimately, the Municipality
of Quezon filed its petition before the Supreme Court, seeking to protect its
constituents’ interest. The cases were consolidated and docketed as G.R. No. 112592.

10. Two years into his term, unfortunately, Senator Borromeo’s political career and fame
started to dwindle when he got involved in a big corruption scandal involving his
allocation of the Priority Development Assistance Fund. The scandal placed Senator
Borromeo’s moral and political character in darker shades.

4. The scandal involving Senator Borromeo started in 2019, when Congress passed its
annual General Appropriations Act that provides lump-sum amounts allocated to each
legislator. Senator Borromeo was no exception, as he was allocated with Php 300
Million.

5. It was later on discovered that Senator Borromeo funneled a huge sum of money to a
foundation that purports to facilitate and organize learning and development seminars
for indigenous peoples. In reality, no such seminars were organized and the
liquidation for the funds were found out to be fabricated with signatures from non-
existent persons. Instead, the money was shown to have been transferred to several
other organizations, including TKP.

6. In a hearing conducted by the House of Representatives, whistleblowers linked the

Secretary of the Department of Environment and Natural Resources, the Director of
Land Management Bureau, and the Chairman and three members of the National
Commission on Indigenous Peoples to the bogus activities.

7. In a separate hearing called by the Senate Committee on Ethics, the Secretary of

Department of Environment and Natural Resources, the Director of Land
Management Bureau, and the members of the National Commission on Indigenous
Peoples, and the TKP were subpoenaed. The hearing was called by Senator
Dominador, the staunchest critic of Senator Borromeo in the Senate, saying that “the
Senate must step up in finding violations of the law, if it were to uphold its stature as
one of the legislative pillars of the Philippines”. Senator Dominador insisted that
those who were linked to the scandal must appear before the body without exception.
8. The hearing in the Senate first called resource persons, as the public officials
involved were to be invited in the next sessions. However, the hearings’ trajectory
took a turn when one of the whistleblowers showed paper trail that linked the entire
scheme to the wife of the President.

9. On advise of the President, all the public officials involved refused to attend the
hearing, arguing that the hearing is an improper forum to thresh out the issues and, if
there are violations of law and liabilities, the same must be heard by the courts. The
TKP also refused to attend the hearing because it contended that it had nothing to do
with the controversy and its officials cannot be proper resource persons for the
hearing.

10. As a result, the Senate Committee declared all the subpoenaed persons, including all
the board of directors of TKP, in contempt. Arrest warrants were then issued against
them. The public officials and the board of directors of TKP who were declared in
contempt sought to restrain implementation of the arrest warrants in separate cases
filed before the Supreme Court. They all question the validity of the Senate
Committee hearing, the subpoena, and arrest warrants, arguing that the Senate
Committee has improperly called the hearing as it is not in aid of legislation. The
cases were consolidated as G.R. No. 123964.

11. While all the political drama in the Senate ensued, the House of Representatives
passed House Bill No. 6020, their version of the “Renewable Energy Acceleration
and Development Act” after three readings in the plenary in two separate days.

12. After reconciling some minor differences, the final version of the bill was presented
to the President of the Philippines. At the time of the presentment on 20 June 2020,
the President was seriously ill with COVID-19, and his team of close advisers
unanimously sent a letter to the Senate President and the Speaker of the House of the
Representatives their written declaration that the President in unable to discharge the
powers and duties of the President. Thus, the bill was forwarded to the Office of the
Vice-President, who approved the bill, except the provision therein which states that:
“the ancestral lands and domains so affected shall not be subject to usual royalties of
1%, but to a share in the government taxes and duties collected at the end of the fiscal
year.” The Vice-President signed the bill and transmitted the same to the House of
Representatives.

13. The bill was later on considered as approved on 25 August 2020 after its publication
with the Official Gazette. The bill is now called Republic Act No. 104592, otherwise
known as the “Renewable Energy Acceleration and Development Act of 2020”
(“READA”).

14. On 29 June 2020, a case was filed by several parties, questioning the validity of the
bill. TKP filed a case questioning the constitutionality of the process of the making of
READA. Another group called “Green but Just Energy” also filed a case questioning
the constitutionality of READA, while lawmakers filed their respective petitions
 questioning the disbursement of public funds in the law. The petitions were
consolidated as G.R. No. 138495.

Based on the foregoing set of facts, each group of six speakers must address in their written
memorials and in their oral arguments the following questions:

1. Is there an actual case or controversy in G.R. No. 112592 and G.R. No. 138495?
2. Is the requirement of legal standing satisfied in all the cases filed?
3. Was the question on constitutionality of Senate Bill No. 2092 timely filed?
4. Did the Senate Committee on Ethics validly call for the hearing or investigation in G.R.
No. 123964?
5. Did the resource persons in G.R. No. 12964 validly refuse attending the Senate
Committee hearing?
6. Is the READA valid?