Political Law Compilation Bar Q&a 1987-2017 PDF

COMPILATION OF THE
POLITICAL LAW BAR

EXAMINATIONS
QUESTIONS AND
SUGGESTED ANSWERS
(1987-2017)
*I do not own any of the materials I’ve compiled in this pdf file. It’s all found in the
internet, just have the patience to look for it since it’s scattered. Giving credits to the
authors of these materials. So sharing all of it for free to all my fellow law students. - Bek
MATERIALS COMPILED:
1) 1987-2006 -> https://www.academia.edu/
7838869/
Bar_Questions_and_Answers_Political_Law_1987_-
_2006
2) 2007-2013 -> https://www.academia.edu/
17187592/Political-Law-Philippine-Bar-Examination-
Questions-and-Suggested-Answers
3) 2014 -> https://www.scribd.com/document/
354434183/2014-Bar-Exams-Suggested-Answers
4) 2015 -> https://www.academia.edu/
27218891/2015_Bar_Questions_and_Suggested_Ans
wers_-_POLITICAL_LAW
5) 2016 -> https://www.slideshare.net/
arthurjohngarraton/suggested-answer-to-the-2016-
bar-examinations-political-law
6) 2017 -> https://www.scribd.com/document/
366322352/2017-Political-Law-Bar-Qa-Final
SUGGESTED ANSWERS
TO BAR EXAMINATION
IN
POLITICAL LAW
ARRANGED BY TOPIC
(1987 – 2006)
Edited and Arranged by:
Atty. Janette Laggui-Icao and
Atty. Alex Andrew P. Icao
(Silliman University College of Law)
July 26, 2005
Updated by:
Romualdo L. Señeris II, LLB.
April 19, 2007
From the ANSWERS TO BAR EXAMINATION QUESTIONS

in POLITICAL LAW by the
UP LAW COMPLEX and
PHILIPPINE ASSOCIATION OF LAW SCHOOLS
BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 1

FORWARD
This work is not intended for sale or commerce. This work is freeware. It may be
freely copied and distributed. It is primarily intended for all those who desire to have
a deeper understanding of the issues touched by the Philippine Bar Examinations and
its trend. It is specially intended for law students from the provinces who, very often,
are recipients of deliberately distorted notes from other unscrupulous law schools and
students. Share to others this work and you will be richly rewarded by God in heaven.
It is also very good karma.
We would like to seek the indulgence of the reader for some Bar Questions which
are improperly classified under a topic and for some topics which are improperly or
ignorantly phrased, for the authors are just Bar Reviewees who have prepared this
work while reviewing for the Bar Exams under time constraints and within their
limited knowledge of the law. We would like to seek the reader’s indulgence for a lot
of typographical errors in this work.
The Authors

TABLE OF CONTENTS
1987 CONSTITUTION OF THE PHILIPPINES ................................................................... 14
Phil Con 87; New Features (1991)..................................................................................... 14
Phil Con 87; People Power (1987)..................................................................................... 14
Nature of the Constitution: Constitutional Supremacy (2004) ....................................... 15
Government Presidential Form vs. Parliamentary Form (Q6-2006)............................. 15
ARTICLE I National Territory........................................................................................... 16
Archipelagic Doctrine (1989)............................................................................................... 16
Contiguous Zone vs. Exclusive Economic Zone (2004)................................................. 16
Exclusive Economic Zone; Rights of the Coastal State (1994)..................................... 16
Exclusive Economic Zone; Rights of the Coastal State (Q1-2005) .............................. 17
Flag State vs. Flag of Convenience (2004) ...................................................................... 17
Territory & Government (1996)........................................................................................... 17
Territorial Sea vs. Internal Waters (2004)......................................................................... 17
ARTICLE II Declaration of Principles and State Policies.......................................... 18
Armed Forces; Servant of the People (2003)................................................................... 18
Doctrine of Incorporation; Constitutional Law (1997)...................................................... 18
Doctrine of Incorporation; Pacta Sunt Servanda (2000)................................................. 18
Freedom from Nuclear Weapons; Foreign Military Bases (1988)................................. 18
Philippine Flag (Q4-2006).................................................................................................... 19
Principle of Civilian Supremacy (Q6-2006)....................................................................... 19
State Immunity from Suit (1991)......................................................................................... 19
State Immunity from Suit (1989)........................................................................................ 20
State Immunity vs. Waiver of Immunity (1997) ................................................................ 22
State Principles & Policies (1994) ...................................................................................... 23
Transparency; Matters of Public Interest (1989).............................................................. 24
Transparency; Matters of Public Interest (2000).............................................................. 25
ARTICLE III Bill of Rights ................................................................................................... 25
Bill of Attainder (1987).......................................................................................................... 25
Bill of Attainder (1990).......................................................................................................... 26
Custodial Investigation; Extrajudicial Confession (2001) ............................................... 26
Custodial Investigation; Extrajudicial Confession; Police Line-Up (1994) ................... 26
Custodial Investigation; Police Line-Up (1997) ................................................................ 27
Custodial Investigation; Right to Counsel (1988) ............................................................ 27
Custodial Investigation; Right to Counsel; Receipt of Property Seized (2002)........... 28
Custodial Investigation; Rights (1990)............................................................................... 29
Double Jeopardy (1988) ...................................................................................................... 30
Double Jeopardy (1993) ...................................................................................................... 31
Double Jeopardy (1997) ...................................................................................................... 31
Double Jeopardy (1999) ...................................................................................................... 32
Double Jeopardy (1999) ...................................................................................................... 32
Double Jeopardy (2000) ...................................................................................................... 32
Double Jeopardy (2001) ...................................................................................................... 32
Double Jeopardy (2002) ...................................................................................................... 33
Double Jeopardy; Requisites (1999) ................................................................................. 33
Due Process; Absence of Denial (1999)........................................................................... 33
Due Process; Deportation (1994)....................................................................................... 34
Due Process; Forfeiture Proceedings (1993)................................................................... 35
Due Process; Media Coverage during Hearing (1996)................................................... 35
Due Process; Meeting vs. Hearing (1999)........................................................................ 35
Due Process; Notice by Publication (1988) ...................................................................... 35
Due Process; Permit to Carry Firearm Outside Residence (Q6-2006) ........................ 36
Due Process; PPA-Pilots (2001) ........................................................................................ 36
Due Process; Procedural vs. Substantive (1999)............................................................ 37
Due Process; Provisional Order (1991) ............................................................................ 37
Due Process; Public School Teachers (2002) ................................................................. 37
Due Process; Radio Station (1987) ................................................................................... 38
Due Process; Represented by a Non-Lawyer (1988) ..................................................... 38
Due Process; Substantive (2003) ...................................................................................... 38
Due Process; Suspension of Driver's License (1992)..................................................... 38
Due Process; Urgent Public Need (1987)......................................................................... 39
Eminent Domain; Garnishment (1994).............................................................................. 39
Eminent Domain; Garnishment (1998).............................................................................. 40
Eminent Domain; immunity from suit (2001) .................................................................... 40
Eminent Domain; Indirect Public Benefit (1990) .............................................................. 40
Eminent Domain; Just Compensation (1988) .................................................................. 40
Eminent Domain; Legal Interest (1993) ............................................................................ 41
Eminent Domain; Non-observance of the policy of "all or none" (2000)...................... 42
Eminent Domain; Power to Exercise (2005) .................................................................... 42
Eminent Domain; Public Use (1987).................................................................................. 42
Eminent Domain; Socialized Housing (1996)................................................................... 43
Eminent Domain; Writ of Possession (1993).................................................................... 43
Equal Protection; Alien Employment (1989)..................................................................... 44
Equal Protection; Invidious Discrimination (1987)........................................................... 44
Equal Protection; Invidious Discrimination (1987)........................................................... 45
Equal Protection; Police Power (2000).............................................................................. 45
Equal Protection; Right to Education (1994) .................................................................... 45
Equal Protection; Subsidiary Imprisonment (1989)......................................................... 45
Freedom of Expression; Censorship (2003)..................................................................... 46
Freedom of Expression; Prior Restraint (1988) ............................................................... 46
Freedom of Religion; Convicted Prisoners (1989) .......................................................... 46
Freedom of Religion; Flag Salute (1997) .......................................................................... 47
Freedom of Religion; Flag Salute (2003) .......................................................................... 48
Freedom of Religion; Non-Establishment Clause (1988)............................................... 48
Freedom of Speech; Ban on Tobacco AD (1992) ........................................................... 49
Freedom of the Press; Actual Malice (2004) .................................................................... 50
Freedom of the Press; Wartime Censorship (1987)........................................................ 50
Impairment Clause; Basic Human Rights (1992) ............................................................ 51
Involuntary Servitude (1993)............................................................................................... 51
Liberty of Abode; Limitations (1998) .................................................................................. 51
Liberty of Abode; Temporary (1996).................................................................................. 52
Non-Imprisonment for Non-Payment of Debt (1993) ...................................................... 52
Police Power; Abatement of Nuisance (2004) ................................................................. 52
Police Power; Ban on Tobacco AD (1992) ....................................................................... 52
Police Power; Zoning Ordinance vs. Non-Impairment of Contracts (1989) ................ 53
Police Power; Zoning Ordinance vs. Non-Impairment of Contracts (2001) ................ 53
Privacy of Communication (2001) ...................................................................................... 53
Privacy of Correspondence (1998) .................................................................................... 54
Privacy of Correspondence; Jail (1989) ............................................................................ 54
Right to Assembly; Permit Application; Freedom Parks (Q2-2006).............................. 54
Right to Assembly; Permit Requirements (1992) ........................................................... 55
Right to Assembly; Public Teachers (2000) ..................................................................... 55
Right to Assembly; Public Teachers (2002) ..................................................................... 56
Right to Travel; Order of Arrest (1991).............................................................................. 56
Rights of the Accused; Counsel of his Choice (Q8-2005).............................................. 56
Rights of the Accused; Presumption of Innocence vs. Presumption of Theft (2004) 57
Rights of the Accused; Right to Bail (1993)...................................................................... 57
Rights of the Accused; Right to Bail; Capital Offense (Q4-2006) ................................. 58
Rights of the Accused; Right to Bail; Deportation Case (1989) .................................... 58
Rights of the Accused; Right to Bail; Matter of Right or a Matter of Discretion (Q7-
2005)....................................................................................................................................... 58
Rights of the Accused; Right to Speedy Trial (2000) ...................................................... 59
Rights of the Accused; Self-Incrimination (1988) ............................................................ 59
Rights of the Accused; Self-Incrimination (Q7-2006)...................................................... 61
Searches and Seizure; Private Individuals (Q8-2005)................................................... 61
Searches and Seizures; Aliens (2001) .............................................................................. 61
Searches and Seizures; Breathalyzer Test (1992).......................................................... 62
Searches and Seizures; Immediate Control (1987) ........................................................ 62
Searches and Seizures; Incidental to Valid Search (1990) ........................................... 62
Searches and Seizures; Place of Search (2001)............................................................. 63
Searches and Seizures; search made by a private citizen (1993)................................ 63
Searches and Seizures; search made by a private citizen (2002)................................ 64
Searches and Seizures; Valid Warrantless Search (2000)............................................ 64
Searches and Seizures; Visual Search (1992) ................................................................ 65
Searches and Seizures; Waiver of Consent (1989) ........................................................ 65
Searches and Seizures; Warrantless Arrests (1993)...................................................... 66
Searches and Seizures; Warrants of Arrest (1991) ........................................................ 66
ARTICLE IV Citizenship ..................................................................................................... 66
Action for Cancellation; Prescription & Effect of Death (1994)...................................... 66
Citizenship; Elected Official (1993) .................................................................................... 67
Dual Allegiance vs. Dual Citizenship (1987) .................................................................... 67
Dual Allegiance vs. Dual Citizenship (1988) .................................................................... 68
Dual Citizenship (1994)........................................................................................................ 68
Effect of Marriage; Filipino (1989)..................................................................................... 69
Effect of Oath of Allegiance (2004) .................................................................................... 69
Effect of Repatriation (1999) ............................................................................................... 70
Effects of Marriages (1999)................................................................................................. 70
Effects of Philippine Bill of 1902 (2001) ............................................................................ 71
Elected Official (1992).......................................................................................................... 71
Electing Philippine Citizenship (Q8-2006) ........................................................................ 71
Electing Philippine Citizenship; When Proper (Q8-2006)............................................... 72
Natural Born Filipino (1989) ................................................................................................ 72
Natural Born Filipino (1998) ................................................................................................ 72
Natural-Born Filipino(1993) ................................................................................................. 73
Naturalization; Cancellation of Citizenship (1998)........................................................... 73
Residency Requirements; Elective Official (Q9-2005).................................................... 73
Status; Illegitimate Child (1990).......................................................................................... 74
Status; Illegitimate Child; Dual Citizenship (1996) .......................................................... 74
Status; Legitimate Child (2003) .......................................................................................... 74
Ways of Reacquiring Citizenship (2000)........................................................................... 75
ARTICLE VI Legislative Department .............................................................................. 75
Appropriation of Public Funds (1988) ................................................................................ 75
Appropriation of Public Funds; Debt Servicing (1992).................................................... 75
Appropriation of Public Funds; Public Purposes (1988)................................................. 75
Commission on Appointments (2002) ............................................................................... 76
Delegation of Powers (2002) .............................................................................................. 76
Delegation of Powers; (Q6-2005)....................................................................................... 76
Delegation of Powers; Completeness Test; Sufficient Standard Test (Q6-2005) ...... 77
Discipline; Modes of Removal (1993)............................................................................... 77
Discipline; Suspension of a Member of the Congress (2002) ....................................... 77
Elected Official; De Facto Officer (2004) .......................................................................... 78
Electoral Tribunal; HRET Members’ Right & Responsibilities (2002) .......................... 78
Electoral Tribunal; Senate; Jurisdiction (1990) ................................................................ 79
Foreign Affairs; Role of House of Rep (1996) .................................................................. 79
Foreign Affairs; Role of Senate (1994).............................................................................. 79
Investigations in Aid of Legislation (1992) ........................................................................ 79
Law Making; Process & Publication (1993) ...................................................................... 80
Law-Making; Appropriation Bill (1996) .............................................................................. 80
Law-Making; Appropriation Law; Automatic Renewal & Power of Augmentation
(1998)...................................................................................................................................... 80
Law-Making; Appropriation Law; Rider Provision (2001) ............................................... 81
Law-Making; Foreign Affairs; Treaties (1996) .................................................................. 81
Law-Making; Overriding the Presidential Veto (1991) .................................................... 81
Law-Making; Passage of a Law (1988)............................................................................. 82
Legislative Power; Pres. Aquino’s Time (1990) ............................................................... 82
Legislative Powers (1989) ................................................................................................... 82
Loans Extended to Members of Congress (1991)........................................................... 82
Multi-Party System (1999)................................................................................................... 83
Non-Legislative Powers (1988) .......................................................................................... 83
Non-Legislative Powers; Emergency Powers; Requisites (1997)................................. 83
Prohibitions and Inhibitions of Public Office (2004)......................................................... 83
Qualifications; Congressmen (1988) ................................................................................. 84
Qualifications; Congressmen; (1993) ................................................................................ 84
Qualifications; Congressmen; (1999) ................................................................................ 85
Separation of Powers (1988) .............................................................................................. 85
Separation of Powers (2003) .............................................................................................. 85
Three-Term Limit: Congressmen (1996)........................................................................... 86
Three-Term Limit; Congressmen (2001)........................................................................... 86
ARTICLE VII Executive Department ................................................................................ 86
Appointing Power; Acting vs. Permanent Appointment (2003) ..................................... 86
Appointing Power; ad interim appointments (1991) ........................................................ 86
Appointing Power; Ad Interim Appointments (1994) ....................................................... 87
Appointing Power; Appointments Requiring Confirmation; RA 6975-Unconstitutional
(2002)...................................................................................................................................... 87
Appointing Power; Categories of Officials (1999)............................................................ 88
Appointing Power; Kinds of Appointments (1994)........................................................... 88
Appointing Power; Limitations on Presidential Appointments (1997)........................... 89
Appointing Powers; Ad Interim Appointments (Q4-2005) .............................................. 90
Cabinet Members; limitation on accepting additional duties (1996) ............................. 90
Calling-out Power; President (Q1-2006) ........................................................................... 91
Declaration; State of Calamity; Legal Effects (Q1-2005)................................................ 91
Declaration; State of National Emergency (Q1-2006) .................................................... 91
Enter into Contract or Guarantee Foreign Loans (1994)................................................ 91
Enter into Contract or Guarantee Foreign Loans (1999)................................................ 92
Enter into Executive Agreements (2003) .......................................................................... 92
Impose Tariff Rates, Import and Export Quotas (1999).................................................. 92
Martial Law & Suspension of Writ of Habeas Corpus (1987) ........................................ 92
Martial Law; Limitations (2000).......................................................................................... 93
Martial Law; Sufficiency of the Factual Basis (Q3-2006)................................................ 94
Pardoning Power; Amnesty (1993) .................................................................................... 95
Pardoning Power; Amnesty (1995) .................................................................................... 95
Pardoning Power; Breach of Condition; Revocation (Q5-2005).................................... 95
Pardoning Power; Exec Clemency; Pardon (1995)......................................................... 95
Pardoning Power; Executive Clemency (1997) ............................................................... 96
Pardoning Power; Executive Clemency (1999) ............................................................... 96
Pardoning Power; Kinds (1988).......................................................................................... 96
Pardoning Power; Pardon, Conditional (1997) ................................................................ 97
President; Participation; Legislative Process (1996)....................................................... 97
Presidential Immunity from Suit (1997) ............................................................................. 97
Prohibition Against Multiple Positions & Additional Compensation (2002) ................. 97
Prohibition against Multiple Positions by Gov’t Officials (1987) .................................... 98
Suspension of Writ of Habeas Corpus (1997).................................................................. 99
ARTICLE VIII Judicial Department .................................................................................... 99
Cases to be Heard En Banc; Supreme Court (1999)...................................................... 99
Contempt Powers (1996)..................................................................................................... 99
Finality of Void Judgments (1993)...................................................................................... 99
Fiscal Autonomy (1999)..................................................................................................... 100
Function; Continuing Constitutional Convention (2000) ............................................... 100
Issuance of Restraining Orders and Injunctions (1992) ............................................... 100
Judicial & Bar Council (1988)............................................................................................ 101
Judicial & Bar Council (1999)............................................................................................ 101
Judicial Department; Writ of Amparo (1991) .................................................................. 101
Judicial Independence; Safeguard (2000) ...................................................................... 101
Judicial Power (1989)......................................................................................................... 102
Judicial Power (1992)......................................................................................................... 102
Judicial Power (1998)......................................................................................................... 103
Judicial Power; Scope (1994) ........................................................................................... 103
Judicial Review; Locus Standi (1992).............................................................................. 104
Judicial Review; Requisites (1994) .................................................................................. 104
Jurisdiction of HLURB (1993) ........................................................................................... 104
Mandatory Period For Deciding Cases (1989)............................................................... 105
Political Question (1995).................................................................................................... 105
Political Question Doctrine (1997).................................................................................... 105
Political Question: Separation of Powers (2004) ........................................................... 106
Political Question; To Settle Actual Controversies (2004) ........................................... 106
Political Questions (1988).................................................................................................. 106
Pro Hac Vice Cases (1999)............................................................................................... 107
Removal of Lower Court Judges (1993) ......................................................................... 107
Review Executive Acts (1996) .......................................................................................... 107
Supervision; Courts & its Personnel (Q5-2005)............................................................. 108
Taxpayer's Suit; Locus Standi (1995).............................................................................. 108
Term of Office; Justices (1996) ........................................................................................ 108
Votes required for declaring a law unconstitutional (1996) .......................................... 109
ARTICLE IX Constitutional Commissions .................................................................. 109
Rotational Scheme (1999)................................................................................................. 109
Constitutional Commissions & Council (Q7-2006) ........................................................ 109
ARTICLE IX Civil Service Commission........................................................................ 109
Career Service; Characteristics (1999) ........................................................................... 109
Civil Service Commission vs. COA (2004) ..................................................................... 109
Function of CSC (1994) ..................................................................................................... 110
GOCCs Without Original Charter vs. GOCCs With Original Charter (1998)............. 110
Jurisdiction over the GOCCs (1999)................................................................................ 111
Jurisdiction over the GOCCs (2003)................................................................................ 111
Modes of Removal from Office (1993) ............................................................................ 111
Receiving of Indirect Compensation (1997) ................................................................... 111
Security of Tenure (1988).................................................................................................. 112
Security of Tenure (Q5-2005) ........................................................................................... 112
Security of Tenure; Meaning (1999) ................................................................................ 113
ARTICLE IX COMELEC .................................................................................................... 113
Electoral Tribunal; Functions & Composition (Q5-2006) .............................................. 113
Fair Election; Equal Space & Time in Media (1989) ..................................................... 113
Grant of Pardon in Election Offenses (1991) ................................................................. 114
Judicial Review of Decisions (2001) ................................................................................ 114
Removal from Office; Commissioners (1998) ................................................................ 114
Right to Vote; Jurisdiction (2001) ..................................................................................... 114
Election Laws ........................................................................................................................ 114
2nd Placer Rule (2003)..................................................................................................... 114
2nd Placer Rule (1990) ...................................................................................................... 115
2nd Placer Rule; in Quo Warranto Cases (1992) .......................................................... 115
2nd Placer Rule; Rule of Succession (1996) ................................................................ 115
Appreciation of Ballots (1994)........................................................................................... 116
Disqualification; Grounds (1991) ...................................................................................... 116
Disualifications (1999)........................................................................................................ 116
Effect of Filing of Certificate of Candidacy; Appointive Officer vs Elective Officer
(2002).................................................................................................................................... 116
Effect of Filing of Certificate of Candidacy; Fair Election Act (2003).......................... 117
Election Offenses; Conspiracy to Bribe Voters (1991) ................................................. 117
Election Protest (1990) ...................................................................................................... 117
Election Protest vs. Quo Warranto (2001) ...................................................................... 118
Election Protest vs. Quo Warranto (Q5-2006) ............................................................... 118
Election Protest; Jurisdiction (1996) ................................................................................ 118
Expiration of term bars service thereof (2000)............................................................... 118
Petition to Declare Failure of Elections; Requisites & Effects (1995)......................... 118
Pre-Proclamation Contest (1987)..................................................................................... 119
Pre-Proclamation Contest (1988)..................................................................................... 119
Pre-Proclamation Contest vs. Election Contests (1997) .............................................. 120
Pre-Proclamation Contest; Proper Issues (1996).......................................................... 121
Process; Illiterate Voters (1987) ....................................................................................... 121
Process; Principle of Idem Sonans (1994) ..................................................................... 121
Process; Stray Ballot (1994) ............................................................................................. 121
Recall (2002) ....................................................................................................................... 122
Three-Term Limit Rule (2001) .......................................................................................... 122
Three-Term Limit; from Municipality to Newly-Created City (Q9-2005).................... 122
Vacancy; Effect of Vice-Mayor Acting As Mayor (2002)............................................... 123
Vacancy; Rule of Succession (1995)............................................................................... 123
Vacancy; SB; Rule on Succession (2002) ...................................................................... 124
ARTICLE IX Commission on Audit ............................................................................... 124
COA; Jurisdiction (2001).................................................................................................... 124
COA; Money Claims (1998) .............................................................................................. 124
ARTICLE X Local Government ..................................................................................... 125
Appointment of Budget Officer; control vs supervision (1999) .................................... 125
Boundary Dispute Resolution; LGU; RTC’s Jurisdiction (Q10-2005)........................ 126
Boundary Dispute Settlement; Authority; Jurisdiction (1999) ...................................... 126
Creation of New Local Government Units; Plebiscite Requirement (2004) .............. 126
De Facto Public Corporations; Effect (2004).................................................................. 126
Devolution of Power (1999)............................................................................................... 126
Franchise; prior approval of LGU necessary (1988) ..................................................... 126
Law fixing the terms of local elective officials (Q4-2006) ............................................. 127
Ordinance; Use & Lease of Properties; Public Use (1997).......................................... 127
Ordinance; Validity; Closure or Lease of Properties for Public Use (2003) .............. 127
Ordinance; Validity; Compensation; Tortuous Act of an Employee (1994) ............... 127
Ordinance; Validity; Local Taxation vs. Special Assessment (1987) ......................... 128
Ordinance; Validity; Preventing Immorality (1987) ........................................................ 128
Ordinance; Validity; Utilization & Development; National Wealth (1991) .................. 128
Ordinances; Validity; Amending Nat’l Laws (1988) ....................................................... 128
Ordinances; Validity; Gambling Prohibition (1995)........................................................ 129
Ordinances; Validity; Limitation of Penalties (1991) ..................................................... 129
Ordinances; Veto Power (1996) ....................................................................................... 129
Police Power; LLDA (1995)............................................................................................... 130
Power to Issue Subpoena & Cite For Contempt (1993) ............................................... 130
Power; Eminent Domain; LGU; Right to Exercise (Q10-2005).................................... 131
Powers of Barangay Assembly (2003) ............................................................................ 131
Powers; Liga ng mga Barangay (2003)........................................................................... 131
Requisites; Contracts Involving LGU (1991) .................................................................. 131
Requisites; Contracts involving LGU (1995) .................................................................. 132
Taxation; GOCC Liability For Real Estate Tax (1999).................................................. 132
Taxation; Sources of Revenue (1999)............................................................................. 132
Withdrawal of Public Property from Public Use (1990)................................................. 132
ARTICLE XI Accountability of Public Officers........................................................... 133
Abandonment of Office (2000).......................................................................................... 133
Discipline; Clemency; Doctrine of Condonation (2000) ................................................ 133
Discipline; Effect of Pardon Granted in Favor of Public Officers (1999) .................... 134
Discipline; Preventive Suspension & Appeal; entitlement to salary pendente (2001)
............................................................................................................................................... 134
Discipline; Preventive Suspension (1990) ...................................................................... 134
Discipline; Preventive Suspension (2002) ...................................................................... 135
Elective and Appointive Officials: disciplinary authority (2004) ................................... 135
Elective Public Officer; De Facto Officer (2000) ............................................................ 135
Elective Public Officers; De Facto Officer; effects (2004) ............................................ 136
Graft and Corruption; Prescription of Crime (2002) ...................................................... 136
Impeachment; Cronyism (2000) ....................................................................................... 137
Impeachment; Grounds (1999)......................................................................................... 137
Impeachment; Nature; Grounds; PD 1606 (1988)......................................................... 137
Law of Public Officers; Next-in-Rank Rule (1994)......................................................... 137
Liability For Damages in Performance of Official Functions (1990) ........................... 138
Local Elective Officials; Limitations On Additional Duties (1995) ............................... 139
Ombudsman: Power to Suspend; Preventive Suspension (2004) ............................. 139
Ombudsman; Power to Investigate (2003) ..................................................................... 139
Ombudsman; Power to Suspend; Preventive Suspension (1996) ............................. 140
Power to Issue Subpoena; validity of delegation (1989) .............................................. 140
Prohibition On Elective Officer to Hold Public Office (2002)........................................ 140
Public Office; Public Trust (1998)..................................................................................... 140
Retirement Benefits (1996) ............................................................................................... 141
ARTICLE XII National Economy and Patrimony......................................................... 142
Acquisition and Lease of Public Lands (1998)............................................................... 142
Acquisition of Lands (1987)............................................................................................... 142
Acquisition of Lands (2000)............................................................................................... 143
Acquisition of Lands by Hereditary Succession (2002) ................................................ 143
Acquisition of Lands; Citizenship issue (1989) .............................................................. 143
Acquisition of Lands; Prohibition; acquisition of private lands by aliens (1994) ....... 145
Citizenship Requirement in Management of Advertising Industry (1989) ................. 145
Engagement in Business & Exercise of Profession (1987).......................................... 145
Exploration and Development of Minerals (1994) ......................................................... 146
Expropriation of Public Utilities (1992) ............................................................................ 146
Lease of Private Agricultural Lands (2001) .................................................................... 146
National Economy & Patrimony; Constitutional Prohibition (2004)............................. 147
National Patrimony; definition (1999) .............................................................................. 147
Nationalized Activities (1994)............................................................................................ 147
Ownership Requirement of Mass Media (1989) ............................................................ 148
Chinese citizens; engaging in retail trade (Q4-2006).................................................... 148
Exploration, development, and utilization of natural resources (Q4-2006) ............... 148
ARTICLE XIII Social Justice and Human Rights ......................................................... 148
Agrarian Reform Law; Coverage (1992) ......................................................................... 148
Commission on Human Rights; Power to investigate (1992) ...................................... 149
Commission on Human Rights; Power to issue TRO (1997) ...................................... 149
Commission on Human Rights; Power to issue TRO (2001) ...................................... 149
Commission on Human Rights; Power; Limitations (Q4-2005)................................... 150
Labor; Right to Self-Organization (1988) ........................................................................ 151
Labor; Right to Strike (1988)............................................................................................. 151
Labor; Right to Strike (1993)............................................................................................. 151
Social Justice under the Present Constitution (1995)................................................... 152
Women (2000)..................................................................................................................... 152
ARTICLE XIV Education, Science and Technology, Arts ......................................... 153
Education; Academic Freedom (1987)............................................................................ 153
Education; Academic Freedom; Extent (1999) .............................................................. 154
Education; Alien Enrollees & Donors (1999) .................................................................. 154
Education; Duties of State in Re Education (1999)....................................................... 154
Education; Flag Salute (1987) .......................................................................................... 155
Education; Right to Choose Profession (2000).............................................................. 155
Education; Right to Quality Education (2003) ................................................................ 156
Education; Teaching of Religion (1999) .......................................................................... 156
Education; Validity of Academic Requirements (1994) ................................................ 156
ARTICLE XVI General Provisions .................................................................................. 156
General Provisions; Local Dialect (1987)........................................................................ 156
AFP; limitation on accepting additional duties (1996)................................................... 157
ARTICLE XVII Amendments or Revisions .................................................................... 157
People’s Initiative (2004) ................................................................................................... 157
Amendments and Revisions; Modes (1997) .................................................................. 157
REFERENDUM vs. INITIATIVE (Q1-2005) .................................................................... 157
ARTICLE XVIII Transitory Provisions.............................................................................. 158
Transitory Provisions; Foreign Military Bases (1996) ................................................... 158
Transitory Provisions; Foreign Military Bases (1988) ................................................... 158
PUBLIC INTERNATIONAL LAW ........................................................................................ 158
Basic Principles in Public Int’l Law (1991) ...................................................................... 158
Constitutive Theory vs. Declaratory Theory (2004)....................................................... 160
Contiguous Zone vs. Exclusive Economic Zone (2004).............................................. 160
Diplomatic Immunity (2000) .............................................................................................. 160
Diplomatic Immunity; Ambassador (Q3-2005) ............................................................... 162
Diplomatic Immunity; Ambassadors (1990).................................................................... 162
Diplomatic Immunity; Coverage (Q3-2005) .................................................................... 163
Diplomatic Immunity; Diplomatic Envoy and Consular Officers (1995)...................... 164
Diplomatic Immunity; Diplomatic Envoy and Consular Officers (1997)...................... 165
Exclusive Economic Zone (2000)..................................................................................... 165
Executive Agreements; Binding Effect (2003)................................................................ 165
Extradition vs. Deportation (1993).................................................................................... 166
Extradition; Doctrine of Specialty (1993)......................................................................... 166
Extradition; Effectivity of treaty (1996)............................................................................. 166
Extradition; Grounds (2002) .............................................................................................. 167
Extradition; Retroactive Application (Q2-2005).............................................................. 167
Flag State vs. Flag of Convenience (2004) .................................................................. 168
Genocide (1988) ................................................................................................................. 168
Human Rights (1999) ......................................................................................................... 168
Human Rights; Civil and Political Rights (1992) ............................................................ 168
Human Rights; Civil and Political Rights (1996) ............................................................ 169
Int’l Court of Justice; Jurisdiction Over States................................................................ 170
Int’l Court of Justice; Jurisdiction Over States (1994)................................................... 170
Int’l Court of Justice; Limitations On Jurisdiction (1999) .............................................. 170
Int’l Court of Justice; Parties; Pleadings and Oral Argument (1994) .......................... 170
International Convention; Law of the Sea (2004) .......................................................... 171
International Court of Justice (Q9-2006)......................................................................... 171
International Law vs. Municipal Law; Territorial Principle; International Crimes (Q2-
2005)..................................................................................................................................... 171
Mandates and Trust Territories (2003)............................................................................ 172
Municipal Law vs. International Law (2003) ................................................................... 173
Neutrality of States (1988)................................................................................................. 173
Outer Space; Jurisdiction (2003)...................................................................................... 174
Principle of Auto-Limitation (Q10-2006) .......................................................................... 174
Reciprocity v. Principle of Auto-Limitation (Q10-2006) ................................................. 174
Recognition of States; De Facto vs. De Jure Recognition (1998) .............................. 174
Reparations Agreement; Validity (1992) ......................................................................... 175
Right to Innocent Passage (1999).................................................................................... 175
Right to Transit and Innocent Passage (2004) .............................................................. 176
Rights and Obligation under UN Charter (1991)............................................................ 176
Sources of International Law; Primary & Subsidiary Sources (2003) ........................ 177
Sovereign Immunity of States; Absolute vs. Restrictive (1998) .................................. 177
Sovereignty of States; Natural Use of Territory (1989)................................................. 178
Sovereignty; Definition; Nature (Q10-2006) ................................................................... 178
State Liabilities (1995)........................................................................................................ 179
State Sovereignty; Effective Occupation; Terra Nullius (2000) ................................... 179
Stateless Persons; Effects; Status; Rights (1995)......................................................... 179
Territorial Sea vs. Internal Waters (2004)....................................................................... 180
Use of Force; Exceptions (2003)...................................................................................... 180
Use of Force; Principle of Non-Intervention (1994)....................................................... 181
Use of Force; Right of Self-defense (2002) .................................................................... 182
Use of Force; Self-Defense; Waging War (1998) .......................................................... 182
Use of Force; When allowed (1988) ................................................................................ 183
War; Combatants/ Prisoners of War vs. Mercenaries (1993) ...................................... 183
Wilson doctrine vs. Estrada doctrine (2004)................................................................... 184
ADMINISTRATIVE LAW....................................................................................................... 184
Admin Law; Exhaustion of Administrative Remedies (1991)....................................... 184
Admin Law; Exhaustion of Administrative Remedies (2000)....................................... 184
Admin Law; Exhaustion of Administrative Remedies vs Doctrine of Primary
Jurisdiction (1996) .............................................................................................................. 185
Admin Law; Exhaustion of Administrative Remedies; Exceptions (1991) ................. 185
Admin Law; Judicial Review of Administrative Action (2001) ...................................... 186
Admin Law; Judicial Review of Administrative Decisions (1988)................................ 186
Admin Law; Meaning of “Government of the Philippines” (1997) ............................... 187
Admin Law; Power of the President to Reorganize Administrative Structure (2003)
............................................................................................................................................... 187
Admin Law; Rules and Regulations; Due Process (2000) ........................................... 187
Government Agency vs. Government Instrumentality (Q7-2005)............................... 188
Quasi-Judicial Body or Agency (Q5-2006) ..................................................................... 188

1987 CONSTITUTION OF THE 7. The Supreme Court is empowered to adopt
rules for the protection and enforcement of
PHILIPPINES constitutional rights.
Phil Con 87; New Features (1991)
8. Art. II. Sec. 11 commits the State to a policy
No 1: How is the Bill of Rights strengthened in which places value on the dignity of every
the 1987 Constitution? human person and guarantees full respect
SUGGESTED ANSWER: for human rights.
There are several ways in which the Bill of 9. A Commission on Human Rights is created.
Rights is strengthened in the 1987 Constitution. 10. Under Article XVI. Sec. 5(2) the State is
1. New rights are given explicit recognition mandated to promote respect for the
such as, the prohibition against detention by people's rights among the members of the
reason of political beliefs and aspirations. military in the performance of their duty.
The waiver of Miranda rights is now
required to be made in writing with the Phil Con 87; People Power (1987)
assistance of counsel. The use of solitary,
incommunicado and secret detention places No. XVIII: The framers of the 1987 Constitution
is prohibited, while the existence of and the people who ratified it made sure that
substandard and inadequate penal facilities provisions institutionalizing people power were
is made the concern of legislation. incorporated in the fundamental law, Briefly
discuss at least two such provisions.
2. There is also recognition of the right of
expression, an express prohibition against SUGGESTED ANSWER:
the use of torture, a mandate to the State to Art. VI, Sec. 1, while vesting in Congress the
provide compensation and rehabilitation for legislative power, nonetheless states that such
victims of torture and their families. conferment of power shall be subject to the
3. Some rights have been expanded. For reservation made in favor of the people by
instance, free access to courts now provisions on initiatives and referendum. For
includes access to quasi-judicial bodies and this purpose, Congress is required, as early as
to adequate legal assistance. possible, to provide for a system of initiative of
referendum whereby the people can directly
4. The requirements for interfering with some propose and enact laws or approve or reject an
rights have been made more strict. For act or law or part thereof passed by the
instance, only judges can now issue search Congress or the legislative bodies after the
warrants or warrants of arrest. There must registration of a petition therefor, signed by at
be a law authorizing the Executive least 10% of the total number of registered
Department to interfere with the privacy of voters, of which every legislative district must
communication, the liberty of abode, and be represented by at least 3% of the registered
the right to travel before these rights may voters. (Id., sec. 32) The Constitution also
be impaired or curtailed. provides that through initiative, upon a petition
5. The Constitution now provides that the of at least 12% of the total numbers of
suspension of the privilege of the writ of registered voters, of which every legislative
habeas corpus does not suspend the right district must be represented by at least 3% of
to bail, thus resolving a doctrinal dispute of the registered voters therein, amendments to
long standing. the Constitution may be directly proposed by
the people.
6. The suspension of the privilege of the writ
of habeas corpus and the proclamation of Art, XIII, sec. 15 states that the state shall
martial law have been limited to sixty (60) respect the role of independent people's
days and are now subject to the power of organization to enable them to pursue and
Congress to revoke. In addition, the protect, within the democratic framework, their
Supreme Court is given the jurisdiction, legitimate and collective interests and
upon the petition of any citizen to determine aspirations through peaceful lawful means. For
the sufficiency of the factual basis of the this purpose, the Constitution guarantees to
suspension of the privilege of the writ of such organizations the right to participate at all
habeas corpus and the proclamation of levels of social, political and economic decision-
martial law. making and the state is required to validate the

establishment of adequate mechanism for this Article XIII, Section 16 of the 1987 Constitution
purpose. (Id., sec, 16) provides that the right of the people and their
organizations to participate at all levels of
social, political, and economic decision-making
Phil Con 87; People Power (2000)
shall not be abridged and that the State shall,
No IX. Is the concept of People Power by law, facilitate the establishment of adequate
recognized in the Constitution? Discuss briefly. consultation mechanisms.
(3%)
Article XVII, Section 2 of the 1987 Constitution
SUGGESTED ANSWER: provides that subject to the enactment of an
Yes, the concept of People Power is recognized implementing law, the people may directly
in the Constitution. propose amendments to the Constitution
Under Section 32. Article VI of the Constitution, through initiative.
through initiative and referendum, the people
can directly propose and enact laws or approve
Nature of the Constitution: Constitutional
or reject any act or law or part thereof passed
Supremacy (2004)
by the Congress or local legislative body after
(10-a) BNN Republic has a defense treaty with
the registration of a petition therefor signed by
EVA Federation. According to the Republic's
at least ten per centum of the total number of
Secretary of Defense, the treaty allows
registered voters, of which every legislative
temporary basing of friendly foreign troops in
district must be represented by at least three
case of training exercises for the war on
per centum of the registered voters thereof.
terrorism. The Majority Leader of the Senate
Under Section 16, Article XIII of the
contends that whether temporary or not, the
Constitution, the right of the people and their
basing of foreign troops however friendly is
organizations to effective and reasonable
prohibited by the Constitution of BNN which
participation at all levels of social, political and
provides that, "No foreign military bases shall
economic decision-making shall not be
be allowed in BNN territory."
abridged. The State shall, by law facilitate the
In case there is indeed an irreconcilable conflict
establishment of adequate consultation
between a provision of the treaty and a
mechanisms.
provision of the Constitution, in a jurisdiction
Under Section 2. Article XVII of the
and legal system like ours, which should
Constitution, the people may directly propose
prevail: the provision of the treaty or of the
amendments to the Constitution through
Constitution? Why? Explain with reasons,
initiative upon a petition of at least twelve per
briefly. (5%)
centum of the total number of registered voters,
SUGGESTED ANSWER:
of which every legislative district must be
In case of conflict between a provision of a
represented by at least three per centum of the
treaty and a provision of the Constitution, the
registered voters therein.
provision of the Constitution should prevail.
Section 5(2)(a), Article VIII of the 1987
Phil Con 87; People Power (2003)
Constitution authorizes the nullification of a
No I - Is "people power" recognized by the treaty when it conflicts with the Constitution.
1987 Constitution? Explain fully. (Gonzales v. Hechanova, 9 SCRA 230 [1963]).
SUGGESTED ANSWER:
Government Presidential Form vs. Parlia-
"People power" is recognized in the mentary Form (Q6-2006)
Constitution. 1. a) What is the principal identifying feature
of a presidential form of government? Explain.
Article III, Section 4 of the 1987 Constitution
(2.5%)
guarantees the right of the people peaceable to
SUGGESTED ANSWER:
assemble and petition the government for
The principal identifying feature of a presidential
redress of grievances.
form of government is embodied in the
Article VI, Section 32 of the 1987 Constitution separation of powers doctrine. Each
requires Congress to pass a law allowing the department of government exercises powers
people to directly propose and enact laws granted to it by the Constitution and may not
through initiative and to approve or reject any control, interfere with or encroach upon the acts
act or law or part of it passed by Congress or a done within the constitutional competence of
local legislative body. the others. However, the Constitution also gives
each department certain powers by which it
may definitely restrain the others from prevent infringement of its customs, fiscal,
improvident action, thereby maintaining a immigration or sanitary laws and regulations
system of checks and balances among them, within its territory or territorial sea. (Article 33 of
thus, preserving the will of the sovereign the Convention on the Law of the Sea.)
expressed in the Constitution.
The EXCLUSIVE ECONOMIC ZONE is a zone
b) What are the essential characteristics of a extending up to 200 nautical miles from the
parliamentary form of government? (2.5%) baselines of a state over which the coastal state
SUGGESTED ANSWER: has sovereign rights for the purpose of
The essential characteristics of a parliamentary exploring and exploiting, conserving and
form of government are: the fusion of the managing the natural resources, whether living
legislative and executive branches in or nonliving, of the waters superjacent to the
parliament; the prime minister, who is the head seabed and of the seabed and subsoil, and with
of government, and the members of the regard to other activities for the economic
cabinet, are chosen from among the members exploitation and exploration of the zone.
of parliament and as such are accountable to (Articles 56 and 57 of the Convention on the
the latter; and the prime minister may be Law of the Sea.)
removed from office by a vote of loss of
confidence of parliament. There may be a head Exclusive Economic Zone; Rights of the
of state who may or may not be elected. Coastal State (1994)
No. 11: In the desire to improve the fishing
ARTICLE I National Territory methods of the fishermen, the Bureau of
Archipelagic Doctrine (1989) Fisheries, with the approval of the President,
No. 20: What do you understand by the entered into a memorandum of agreement to
archipelagic doctrine? Is this reflected in the allow Thai fishermen to fish within 200 miles
1987 Constitution? from the Philippine sea coasts on the condition
SUGGESTED ANSWER: that Filipino fishermen be allowed to use Thai
The ARCHIPELAGIC DOCTRINE emphasizes fishing equipment and vessels, and to learn
the unity of land and waters by defining an modern technology in fishing and canning.
archipelago either as a group of islands
surrounded by waters or a body of waters 1) Is the agreement valid?
studded with islands. For this purpose, it SUGGESTED ANSWER:
requires that baselines be drawn by connecting 1) No. the President cannot authorize the
the appropriate points of the "outermost islands Bureau of Fisheries to enter into a
to encircle the islands within the archipelago. memorandum of agreement allowing Thai
The waters on the landward side of the fishermen to fish within the exclusive economic
baselines regardless of breadth or dimensions zone of the Philippines, because the
are merely internal waters. Constitution reserves to Filipino citizens the use
and enjoyment of the exclusive economic zone
Yes, the archipelagic doctrine is reflected in the of the Philippines.
1987 Constitution. Article I, Section 1 provides
that the national territory of the Philippines Section 2. Article XII of the Constitution
includes the Philippine archipelago, with all the provides: “The State shall protect the nation's
islands and waters embraced therein; and the marine part in its archipelagic waters, territorial
waters around, between, and connecting the sea, and exclusive economic zone, and reserve
islands of the archipelago, regardless of their its use and enjoyment to Filipino citizens."
breadth and dimensions, form part of the Section 7, Article XIII of the Constitution
internal waters of the Philippines. provides: "The State shall protect the rights of
subsistence fishermen, especially of local
Contiguous Zone vs. Exclusive Economic communities, to the preferential use of the
Zone (2004) communal marine and fishing resources, both
(2-a-2) Distinguish: The contiguous zone and inland and offshore. It shall provide support to
the exclusive economic zone. such fishermen through appropriate technology
SUGGESTED ANSWER: and research, adequate financial, production,
CONTIGUOUS ZONE is a zone contiguous to and marketing assistance, and other services.
the territorial sea and extends up to 12 nautical The State shall also protect, develop, and
miles from the territorial sea and over which the conserve such resources. The protection shall
coastal state may exercise control necessary to extend to offshore fishing grounds of
subsistence fishermen against foreign intrusion. such as low or non-existent taxation or low
Fishworkers shall receive a just share from their operating costs although the ship has no
labor in the utilization of marine and fishing genuine link with that state. (Harris, Cases and
resources. Materials on International Law, 5th ed., 1998, p. 425.)
Exclusive Economic Zone; Rights of the Territory & Government (1996)

Coastal State (Q1-2005) No. 8: A law was passed dividing the
(c) Enumerate the rights of the coastal state Philippines into three regions (Luzon, Visayas,
in the exclusive economic zone. (3%) and Mindanao), each constituting an
ALTERNATIVE ANSWER: independent state except on matters of foreign
In the EXCLUSIVE ECONOMIC ZONE, the relations, national defense and national
coastal State has sovereign rights for the taxation, which are vested in the Central
purpose of exploring and exploiting, conserving government. Is the law valid? Explain.
and managing the natural resources, whether SUGGESTED ANSWER:
living or non-living, of the waters superjacent to The law dividing the Philippines into three
the seabed and of the seabed and its subsoil, regions, each constituting an independent state
and with regard to other activities for the and vesting in a central government matters of
economic exploitation and exploration of the foreign relations, national defense, and national
zone, such as the production of energy from the taxation, is unconstitutional.
water, currents and winds in an area not
extending more than 200 nautical miles beyond First, it violates Article I, which guarantees the
the baseline from which the territorial sea is integrity of the national territory of the
measured. Other rights include the production Philippines because it divided the Philippines
of energy from the water, currents and winds, into three states.
the establishment and use of artificial islands,
installations and structures, marine scientific Second, it violates Section 1, Article II of the
research and the protection and preservation of Constitution, which provides for the
the marine environment. (Art. 56, U.N. establishment of democratic and republic
Convention on the Law of the Sea) States by replacing it with three States
ALTERNATIVE ANSWER: organized as a confederation.
SOVEREIGN RIGHTS — for the purpose of
exploring and exploiting, conserving and Third, it violates Section 22, Article II of the
managing the natural resources, whether living Constitution, which, while recognizing and
or non-living, of the seabed and subsoil and the promoting the rights of indigenous cultural
superjacent waters, and with regard to other communities, provides for national unity and
activities such as the production of energy from development.
the water, currents and winds in an area not
extending more than 200 nautical miles beyond Fourth, it violates Section 15, Article X of the
the baseline from which the territorial sea is Constitution, which, provides for autonomous
measured. (See Art. 56, UNCLOS) regions in Muslim Mindanao and in the
Jurisdiction, inter alia, with regard to: Cordilleras within the framework of national
(1) the establishment and use of artificial sovereignty as well as territorial integrity of the
islands, installations and structures; Republic of the Philippines.
(2) marine scientific research; and
(3) the protection and preservation of the Fifth, it violates the sovereignty of the Republic
marine environment. of the Philippines.
Flag State vs. Flag of Convenience (2004) Territorial Sea vs. Internal Waters (2004)
(2-a-3) Distinguish: The flag state and the flag (2-a-1) Distinguish: The territorial sea and the
of convenience. internal waters of the Philippines.
SUGGESTED ANSWER: SUGGESTED ANSWER:
FLAG STATE means a ship has the nationality TERRITORIAL SEA is an adjacent belt of sea
of the flag of the state it flies, but there must be with a breadth of 12 nautical miles measured
a genuine link between the state and the ship. from the baselines of a state and over which the
(Article 91 of the Convention on the Law of the Sea.) state has sovereignty. (Articles 2 and 3 of the
Convention on the Law of the Sea.) Ship of all
FLAG OF CONVENIENCE refers to a state with states enjoy the right of innocent passage
which a vessel is registered for various reasons

through the territorial sea. (Article 14 of the No. 1; What do you understand by the "Doctrine
Convention on the Law of the Sea.) of Incorporation" in Constitutional Law?
SUGGESTED ANSWER:
Under Section 1, Article I of the 1987 The DOCTRINE OF INCORPORATION means
Constitution, the INTERNAL WATERS of the that the rules of International law form part of
Philippines consist of the waters around, the law of the land and no legislative action is
between and connecting the islands of the required to make them applicable to a country.
Philippine Archipelago, regardless of their The Philippines follows this doctrine, because
breadth and dimensions, including the waters in Section 2. Article II of the Constitution states
bays, rivers and lakes. No right of innocent that the Philippines adopts the generally
passage for foreign vessels exists in the case of accepted principles of international law as part
internal waters. (Harris, Cases and Materials on of the law of the land.
International Law, 5th ed., 1998, p. 407.)
Internal waters are the waters on the landward Doctrine of Incorporation; Pacta Sunt
side of baselines from which the breadth of the Servanda (2000)
territorial sea is calculated. (Brownlie, Principles No X. The Philippines has become a member of
of Public International Law, 4th ed., 1990, p. 120.) the World Trade Organization (WTO) and
resultantly agreed that it "shall ensure the
conformity of its laws, regulations and
ARTICLE II Declaration of administrative procedures with its obligations as
provided in the annexed Agreements." This is
Principles and State Policies assailed as unconstitutional because this
undertaking unduly limits, restricts and impairs
Armed Forces; Servant of the People (2003) Philippine sovereignty and means among
No I - Article II. Section 3, of the 1987 others that Congress could not pass legislation
Constitution expresses, in part, that the "Armed that will be good for our national interest and
Forces of the Philippines is the protector of the general welfare if such legislation will not
people and (of) the State." Describe briefly what conform with the WTO Agreements. Refute this
this provision means. Is the Philippine National argument. (5%)
Police covered by the same mandate? SUGGESTED ANSWER:
FIRST ALTERNATIVE ANSWER: According to Tanada v. Angara, 272 SCRA 18
Article II, Section 3 of the 1987 Constitution (1997), the sovereignty of the Philippines is
means that the Armed Forces of the Philippines subject to restriction by its membership in the
should not serve the interest of the President family of nations and the limitations imposed of
but of the people and should not commit treaty limitations. Section 2. Article II of the
abuses against the people. (Record of the Constitution adopts the generally accepted
Constitutional Commission, Vol. V, p. 133.) This principles of international law as part of the law
provision is specifically addressed to the Armed of the land. One of such principles is pacta sunt
Forces of the Philippines and not to the servanda. The Constitution did not envision a
Philippine National Police, because the latter is hermit-like isolation of the country from the rest
separate and distinct from the former. (Record of the world.
of the Constitutional Commission, Vol. V, p. 296;
Manalo v. Sistoza. 312 SCR A 239 [1999].) Freedom from Nuclear Weapons; Foreign
SECOND ALTERNATIVE ANSWER: Military Bases (1988)
Article II, Section 3 of the 1987 Constitution can No. 22: The Secretary of Justice had recently
be interpreted to mean that the Armed Forces ruled that the President may negotiate for a
of the Philippines can be a legitimate instrument modification or extension of military bases
for the overthrow of the civilian government if it agreement with the United States regardless of
has ceased to be the servant of the people. the "no nukes" provisions in the 1987
(Bernas, The 1987 Constitution of the Philippines: Constitution. The President forthwith
A Commentary, 2003 ed., p. 66.) This provision announced that she finds the same opinion
does not apply to the Philippine National Police, "acceptable" and will adopt it. The Senators on
because it is separate and distinct from the the other hand, led by the Senate President,
Armed Forces of the Philippines. (Record of the are skeptical, and had even warned that no
Constitutional Commission, Vol. V, p. 296, Manalo v.
Sistoza. 312 SCRA 239 [1999].) treaty or international agreement may go into
effect without the concurrence of two-thirds of
Doctrine of Incorporation; Constitutional all members of the Senate.
Law (1997)
A former senator had said, "it is completely the flag must be recognized by law, it implies
wrong, if not erroneous," and "is an amendment that certain aspects of the flag are subject to
of the Constitution by misinterpretation." Some change through legislative action.
members of the Lower House agree with
Secretary Ordonez, while others lament the Principle of Civilian Supremacy (Q6-2006)
latter's opinion as "questionable, unfortunate, 2. What Constitutional provisions institutionalize
and without any basis at all." the principle of civilian supremacy? (2.5%)
Do you or do you not agree with the SUGGESTED ANSWER:
aforementioned ruling of the Department of The following constitutional provisions
Justice? Why? institutionalize the principle of civilian
SUGGESTED ANSWER: supremacy:
No. The Constitution provides that if foreign a. Civilian authority is at all times supreme
military bases, troops or facilities are to be over the military. [Article II, Section 3]
allowed after the expiration of the present b. The installation of the President, the
Philippine-American Military Bases Agreement highest civilian authority, as the
in 1991, it must be "under a treaty duly Commander-in-Chief of the military. [Ar-
concurred in by the Senate and, when the ticle VII, Section 18]
Congress so requires, ratified by a majority of c. The requirement that members of the
the votes cast by the people in a national AFP swear to uphold and defend the
referendum." (Art. XVIII, sec. 25) A mere Constitution, which is the fundamental law
agreement, therefore, not a treaty, without the of the civil government. [Article XVI,
concurrence of at least 2/3 of all the members Section 5(1)]
of the Senate will not be valid (Art. VII, sec. 21, d. The requirement that members of the
Art. XVIII, sec. 4). With respect to the provision AFP shall have respect for people's rights
allowing nuclear weapons within the bases, the in the performance of their duty. [Article
Constitution appears to ban such weapons from XVI, Section 5(2)]
the Philippine territory. It declares as a state e. Professionalism in the armed forces.
policy that "the Philippines, consistent with the [Article XVI, Section 5(3)]
national interest, adopts and pursues a policy of f. Insulation of the AFP from partisan
freedom from nuclear weapons in its territory." politics. [Article XVI, Section 5(3)]
(Art, II, sec. 8) However, the deliberations of the g. Prohibition against the appointment of an
Constitutional Commission would seem to AFP member in the active service to a
indicate that this provision of the Constitution is civilian position. [Article XVI, Section 5(4)]
"not something absolute nor 100 percent h. Compulsory retirement of officers without
without exception." It may therefore be that extension of service. [Article XVI, Section
circumstances may justify a provision on 5(5)]
nuclear weapons. i. Requirement of proportional recruitment
from all provinces and cities, so as to
Philippine Flag (Q4-2006) avoid any regional clique from forming
State whether or not the law is constitutional. within the AFP. [Article XVI, Section 5(7)]
Explain briefly. j. A 3-year limitation on the tour of duty of
1. A law changing the design of the the Chief of Staff, which although
Philippine flag. (2%) extendible in case of emergency by the
ALTERNATIVE ANSWER: President, depends on Congressional
The law is invalid considering that under Article declaration of emergency. [Article XVI,
XVI, Section 1 of the 1987 Constitution, the flag Section 5(6)]
of the Philippines shall be red, white, and blue, The establishment of a police force that is not
with a sun and three stars, as consecrated and only civilian in character but also under the local
honored by the people and recognized by law. executives. [Article XVI, Section 5(7)]
Since the Constitution itself prescribes the
design, it can only be changed by constitutional State Immunity from Suit (1991)
amendment. No. 13; In February 1990, the Ministry of the
ALTERNATIVE ANSWER: Army. Republic of Indonesia, invited bids for the
The law is valid, provided that the new design supply of 500,000 pairs of combat boots for the
does not change the elements and color use of the Indonesian Army. The Marikina Shoe
scheme of the flag as stated in the Constitution, Corporation, a Philippine corporation, which has
and the flag is consecrated and honored by the no branch office and no assets in Indonesia,
people. Since the Constitution itself states that submitted a bid to supply 500,000 pairs of
combat boots at U.S. $30 per pair delivered in Consent to the exercise of jurisdiction of a
Jakarta on or before 30 October 1990. The foreign court does not include waiver of the
contract was awarded by the Ministry of the separate immunity from execution. (Brownlie,
Army to Marikina Shoe Corporation and was Principles of Public International Law, 4th ed., p.
signed by the parties in Jakarta. Marikina Shoe 344.) Thus, in Dexter vs. Carpenter vs. Kunglig
Corporation was able to deliver only 200,000 Jarnvagsstyrelsen, 43 Fed 705, it was held the
pairs of combat boots in Jakarta by 30 October consent to be sued does not give consent to the
1990 and it received payment for 100,000 pairs attachment of the property of a sovereign
or a total of U.S. $3,000,000.00. The Ministry of government.
the Army promised to pay for the other 100,000
pairs already delivered as soon as the State Immunity from Suit (1996)
remaining 300,000 pairs of combat boots are No. 6; The Republic of the Balau (formerly
delivered, at which time the said 300,000 pairs Palau Islands) opened and operated in Manila
will also be paid for. Marikina Shoe Corporation an office engaged in trading Balau products
failed to deliver any more combat boots. with Philippine products. In one transaction,
the local buyer complained that the Balau
On 1 June 1991, the Republic of Indonesia filed goods delivered to him were substandard and
an action before the Regional Trial Court of he sued the Republic of Balau, before the
Pasig. Rizal, to compel Marikina Shoe Regional Trial Court of Pasig, for damages.
Corporation to perform the balance of its a) How can the Republic of Balau invoke its
obligations under the contract and for damages. sovereign immunity? Explain.
In its Answer, Marikina Shoe Corporation sets b) Will such defense of sovereign immunity
up a counterclaim for U.S. $3,000,000.00 prosper? Explain.
representing the payment for the 100,000 pairs SUGGESTED ANSWER:
of combat boots already delivered but unpaid. A) The Republic of Balau can invoke its
Indonesia moved to dismiss the counterclaim, sovereign Immunity by filing a motion to dismiss
asserting that it is entitled to sovereign in accordance with Section l(a), Rule 16 of the
Immunity from suit. The trial court denied the Rules of Court on the ground that the court has
motion to dismiss and issued two writs of no jurisdiction over its person.
garnishment upon Indonesian Government
funds deposited in the Philippine National Bank According to the Holy See vs. Rosario, 238
and Far East Bank. Indonesia went to the Court SCRA 524, in Public International Law, when a
of Appeals on a petition for certiorari under Rule State wishes to plead sovereign immunity in a
65 of the Rules of Court. foreign court, it requests the Foreign Office of
How would the Court of Appeals decide the the State where it is being sued to convey to
case? the court that it is entitled to immunity. In the
SUGGESTED ANSWER: Philippines, the practice is for the foreign
The Court of Appeals should dismiss the government to first secure an executive
petition insofar as it seeks to annul the order endorsement of its claim of sovereign immunity.
denying the motion of the Government of In some cases, the defense of sovereign
Indonesia to dismiss the counterclaim. The immunity is submitted directly to the local court
counterclaim in this case is a compulsory by the foreign government through counsel by
counterclaim since it arises from the same filing a motion to dismiss on the ground that the
contract involved in the complaint. As such it court has no Jurisdiction over its person.
must be set up otherwise it will be barred.
Above all, as held in Froilan vs. Pan Oriental b) No, the defense of sovereign Immunity will
Shipping Co., 95 Phil. 905, by filing a complaint, not prosper. The sale of Balau products is a
the state of Indonesia waived its immunity from contract involving a commercial activity. In
suit. It is not right that it can sue in the courts United States vs. Ruiz, 136SCRA487 and
but it cannot be sued. The defendant therefore United States vs. Guinto, 182 SCRA 644, it was
acquires the right to set up a compulsory stated that a foreign State cannot invoke
counterclaim against it. Immunity from suit if it enters into a commercial
contract. The Philippines adheres to
However, the Court of Appeals should grant the RESTRICTIVE SOVEREIGN IMMUNITY.
petition of the Indonesian government insofar
as it sought to annul the garnishment of the State Immunity from Suit (1989)
funds of Indonesia which were deposited in the No. 13: A property owner filed an action directly
Philippine National Bank and Far East Bank. in court against the Republic of the Philippines
seeking payment for a parcel of land which the SUGGESTED ANSWER:
national government utilized for a road widening 1) Yes, the Municipality of Calumpit is liable for
project. the negligence of its driver Johnny. Under
(1) Can the government invoke the doctrine of Section 24 of the Local Government Code, local
non-suitability of the state? government units are not exempt from liability
(2) In connection with the preceding question, for death or injury to persons or damage to
can the property owner garnish public property.
funds to satisfy his claim for payment? ALTERNATIVE ANSWER:
Explain your answers. No, the municipality is not liable for the
SUGGESTED ANSWER: negligence of Johnny, the prevailing rule in the
(1) No, the government cannot invoke the law of municipal corporations is that a
doctrine of state of immunity from suit. As held municipality is not liable for the torts committed
in Ministerio vs. Court of First Instance of Cebu, by its regular employees in the discharge of
40 SCRA 464, when the government governmental functions. The municipality is
expropriates property for public use without answerable only when it is acting in a
paying just compensation, it cannot invoke its proprietary capacity.
immunity from the suit. Otherwise, the right
guaranteed in Section 9, Article III of the 1987 In the case at bar, Johnny was a regular
Constitution that private property shall not be employee of the Municipality of Calumpit as
taken for public use without just compensation driver of its dump truck; he committed a tortious
will be rendered nugatory. act while discharging a governmental function
for the municipality, ie., driving recklessly the
(2) No, the owner cannot garnish public funds said truck loaded with sand for the repair of
to satisfy his claim for payment, Section 7 of Act municipal streets. Undoubtedly then, Johnny as
No. 3083 prohibits execution upon any driver of the dump truck was performing a duty
judgment against the government. As held in or task pertaining to his office. The construction
Republic vs. Palacio, 23 SCRA 899, even if the or maintenance of public streets are admittedly
government may be sued, it does not follow that governmental activities. At the time of the
its properties may be seized under execution. accident, Johnny was engaged in the discharge
ALTERNATIVE ANSWER: of governmental functions.
(2) No, funds of the government on deposit in
the bank cannot be garnished for two reasons: Hence, the death of the two passengers of the
1. Under Art. II, Sec. 29 (1) public funds jeepney -tragic and deplorable though it may be
cannot be spent except in pursuance of an - imposed on the municipality no duty to pay
appropriation made by law, and monetary compensation, as held in Municipality
2. essential public services will be impaired if of San. Fernando v. Firme, 195 SCRA 692.
funds of the government were subject to
execution, (Commissioner of Public State Immunity from Suit (1992)
Highways vs. San Diego, 31 SCRA 616 No. 9: The Northern Luzon Irrigation Authority
(1970)). The remedy of the prevailing party (NLIA) was established by a legislative charter
is to have the judgment credit in his favor to strengthen the irrigation systems that supply
included in the general appropriations law water to farms and commercial growers in the
for the next year. area. While the NLIA is able to generate
revenues through its operations, it receives an
State Immunity from Suit (1994) annual appropriation from Congress. The NLIA
No. 6; Johnny was employed as a driver by the is authorized to "exercise all the powers of a
Municipality of Calumpit, Bulacan. While driving corporation under the Corporation Code."
recklessly a municipal dump truck with its load
of sand for the repair of municipal streets, Due to a miscalculation by some of its
Johnny hit a jeepney. Two passengers of the employees, there was a massive irrigation
jeepney were killed. overflow causing a flash flood in Barrio Zanjera.
A child drowned in the incident and his parents
The Sangguniang Bayan passed an ordinance now file suit against The NLIA for damages.
appropriating P300,000 as compensation for
the heirs of the victims. May the NLIA validly invoke the immunity of the
1) Is the municipality liable for the negligence State from suit? Discuss thoroughly.
of Johnny? SUGGESTED ANSWER:
2) Is the municipal ordinance valid?
No, the Northern Luzon Irrigation Authority may economic conditions of those engaged in the
not invoke the immunity of the State from suit, tobacco industry.
because, as held in Fontanilla vs. Maliaman,
179 SCRA 685 and 194 SCRA 486, irrigation is State Immunity from Suit (1987)
a proprietary function. Besides, the Northern (a) "X" filed a case against the Republic of the
Luzon Irrigation Authority has a juridical Philippines for damages caused his yacht,
personality separate and distinct from the which was rammed by a navy vessel.
government, a suit against it is not a suit (b) "X" also sued in another case the
against the State. Since the waiver of the Secretary of Public Works and the
immunity from suit is without qualification, as Republic of the Philippines for payment of
held in Rayo vs. Court of First Instance of the compensation of the value of his land,
Bulacan, 110 SCRA 456, the waiver includes which was used as part of the tarmac of
an action based on a quasi-delict. the Cebu International Airport, without prior
expropriation proceedings.
State Immunity from Suit (1999)
A. 1.) What do you understand by state The Solicitor General moved to dismiss the two
immunity from suit? Explain. (2%) cases invoking state immunity from suit Decide.
2.) How may consent of the state to be SUGGESTED ANSWER:
sued be given? Explain. (2%) (a) The government cannot be sued for
SUGGESTED ANSWER: damages considering that the agency which
1.) STATE IMMUNITY FROM SUIT means caused the damages was the Philippine Navy.
that the State cannot be sued without its Under Art. 2180 of the Civil Code, the state
consent. A corollary of such principle is that consents to be sued for a quasi-delict only
properties used by the State in the performance when the damage is caused by its special
of its governmental functions cannot be subject agents. Hence, the Solicitor General's motion
to judicial execution. should be granted and the suit brought by "X"
be dismissed.
2.) Consent of the State to be sued may be
made expressly as in the case of a specific, (b) But the government CANNOT INVOKE the
express provision of law as waiver of State state's immunity from suit. As held in Ministerio
immunity from suit is not inferred lightly (e.g. C.A. v. Court of First Instance. 40 SCRA 464 (1971),
327 as amended by PD 1445} or impliedly as when which also involved the taking of private
the State engages in proprietary functions (U.S. property without the benefit of expropriation
v. Ruiz, U.S. v. Guinto) or when it files a suit in proceeding, "The doctrine of governmental
which case the adverse party may file a immunity from suit cannot serve as an
counterclaim (Froilan v. Pan Oriental Shipping) or instrument for perpetrating an injustice on a
when the doctrine would in effect be used to citizen. . . . When the government takes any
perpetuate an injustice (Amigable v. Cuenca, 43 property for public use, which is conditional
SCRA 360). upon the payment of just compensation, to be
judicially ascertained, it makes manifest that it
State Immunity from Suit (1999) submits to the jurisdiction of the court." The
No VI - B. The employees of the Philippine Solicitor General's motion to dismiss should,
Tobacco Administration (PTA) sued to recover therefore, be denied.
overtime pay. In resisting such claim, the PTA
theorized that it is performing governmental State Immunity vs. Waiver of Immunity
functions. Decide and explain. (2%) (1997)
SUGGESTED ANSWER: No, 6: It is said that "waiver of immunity by the
As held in Philippine Virginia Tobacco State does not mean a concession of its
Administration v. Court of Industrial Relations, liability". What are the implications of this
65 SCRA 416, the Philippine Tobacco phrase?
Administration is not liable for overtime pay, SUGGESTED ANSWER:
since it is performing governmental functions. The phrase that waiver of immunity by the State
Among its purposes are to promote the does not mean a concession of liability means
effective merchandising of tobacco so that that by consenting to be sued, the State does
those engaged in the tobacco industry will have not necessarily admit it is liable. As stated in
economic security, to stabilize the price of Philippine Rock Industries, Inc. vs. Board of
tobacco, and to improve the living and Liquidators, 180 SCRA 171, in such a case the
State is merely giving the plaintiff a chance to
prove that the State is liable but the State
retains the right to raise all lawful defenses. c) Section 1, Article XVII of the Constitution
provides: "The FLAG OF THE PHILIPPINES
State Immunity from Suit (1993) shall be red, white, and blue, with a sun and
No 19: Devi is the owner of a piece of land. three stars, as consecrated and honored by the
Without prior expropriation or negotiated sale, people and recognized by law."
the national government used a portion thereof
for the widening of the national highway. Devi Section 2, Article XVI of the Constitution states:
filed a money claim with the Commission on The Congress may by law, adopt a new name
Audit which was denied. Left with no other for the country, a national anthem, or a national
recourse, Devi filed a complaint for recovery of seal, which shall all be truly reflective and
property and/or damages against the Secretary symbolic of the ideals, history, and traditions of
of Public Works and Highways and the the people. Such law shall take effect only upon
Republic of the Philippines, The defendant its ratification by the people in a national
moved for dismissal of the complaint referendum."
contending that the government cannot be sued
without its consent. The RTC dismissed the d) Section 22, Article II of the Constitution
complaint. On appeal, how would you decide provides: The State recognizes and promotes
the case. the rights of INDIGENOUS CULTURAL
SUGGESTED ANSWER: COMMUNITIES within the framework of
The order dismissing the complaint should be national unity and development."
reversed. In Ministerio v. Court of First Instance
of Cebu, 40 SCRA 464, it was held that when Section 5, Article XII of the Constitution reads:
the government takes property from a private The State, subject to the provisions of this
landowner without prior expropriation or Constitution and national development policies
negotiated sale, the landowner may maintain a and programs, shall protect the rights of
suit against the government without violating indigenous cultural communities to their
the doctrine of government Immunity from suit. ancestral lands to ensure their economic, social
The government should be deemed to have and cultural well-being.
waived impliedly its immunity from suit.
Otherwise, the constitutional guarantee that The Congress may provide for the applicability
private property shall not be taken for public of customary laws governing property rights or
use without just compensation will be rendered relations in determining the ownership and
nugatory. extent of the ancestral domains."
State Principles & Policies (1994) Section 6, Art. XIII of the Constitution provides:
No. 1; What is the state policy on: The State shall apply the principles of
a) working women? AGRARIAN REFORM or stewardship,
b) ecology? whenever applicable in accordance with law, in
c) the symbols of statehood? the disposition or utilization of other natural
d) cultural minorities? resources, including lands of the public domain
e) science and technology? under lease or concession suitable to
agriculture, subject to prior rights, homestead
SUGGESTED ANSWER: rights of small settlers, and the rights of
a) Section 14, Article XIII of the Constitution indigenous communities to their ancestral
provides: "The State shall protect WORKING lands.
WOMEN by providing safe and healthful
working conditions, taking into account their The State may resettle landless farmers and
maternal functions, and such facilities and farm workers in its own agricultural estates
opportunities that will enhance their welfare and which shall be distributed to them in the manner
enable them to realize their full potential in the provided by law."
service of the nation."
Section 17. Article XIV of the Constitution
b) Section 16, Article II of the Constitution states: "The State shall recognize, respect and
provides: The State shall protect and advance protect the rights of indigenous cultural
the right of the people and their posterity to a communities to preserve and develop their
balanced and healthful ECOLOGY in accord cultures, traditions, and institutions. It shall
with the rhythm and harmony of nature."
consider these rights in the formulation of Section 12, Article XIV of the Constitution
national plans and policies." reads: The State shall regulate the transfer and
promote the adaptation of technology from all
e) Section 17, Article II of the Constitution sources for the national benefit. It shall
provides: "The State shall give priority to encourage widest participation of private
EDUCATION, SCIENCE and TECHNOLOGY, groups, local governments, and community-
ARTS, CULTURE, and SPORTS to foster based organizations in the generation and
patriotism and nationalism, accelerate social utilization of science and technology."
progress, and promote total human liberation
and development." NOTE: It is suggested that if an examinee gave a substantive
answer without giving the exact provisions of the Constitution,
then he should be given full credit. Further, one provision
Section 14, Article XII of the Constitution reads quoted/discussed by the examinee should be sufficient for him
in part: "The sustained development of a to be given full credit.
reservoir of NATIONAL TALENTS consisting of
Filipino scientists, entrepreneurs, professionals, Transparency; Matters of Public Interest
managers, high-level technical manpower and (1989)
skilled workers and craftsmen shall be No. 3: Does the 1987 Constitution provide for a
promoted by the State, The State shall policy of transparency in matters of public
encourage appropriate technology and regulate interest? Explain.
Its transfer for the national benefit. SUGGESTED ANSWER:
Yes, the 1987 Constitution provides for a policy
Sub-section 2, Section 3. Article XIV of the of transparency in matters of public interest.
Constitution states: "They (EDUCATIONAL Section 28, Article II of the 1987 Constitution
INSTITUTIONS) shall inculcate patriotism and provides:
nationalism, foster love of humanity, respect for 1. "Subject to reasonable conditions
human rights, appreciation of the role of prescribed by law, the State adopts and
national heroes in the historical development of implements a policy of full disclosure of all
the country, teach the rights and duties of its transactions involving public interest,"
citizenship, strengthen ethical and spiritual
values, develop moral character and personal 2. Section 7, Article III of the 1987 Constitution
discipline, encourage critical and creative states: "The right of the people to
thinking, broaden scientific and technological information on matters of public concern
knowledge, and promote vocational efficiency." shall be recognized, Access to official
records, and to documents, and papers
Section 10. Article XIV of the Constitution pertaining to official acts, transactions, or
declares: "SCIENCE and TECHNOLOGY are decisions, as well as to government
essential for national development and research data used as basis for policy
progress. The State shall give priority to development, shall be afforded the citizen,
research and development, invention, subject to such limitations as may be
innovation, and their utilization; and to science provided by law."
and technology education, training, services. It
shall support indigenous, appropriate, and self- 3. Section 20, Article VI of the 1987
reliant scientific and cultural capabilities, and Constitution reads: "The records and books
their application to the country's productive of account of the Congress shall be
systems and national life." preserved and be open to the public in
accordance with law, and such books shall
Section 11, Article XIV of the Constitution be audited by the Commission on Audit
provides: "The Congress may provide for which shall publish annually an itemized list
incentives, including TAX DEDUCTIONS, to of amounts paid to and expenses incurred
encourage private participation in programs of for each member."
basic and applied scientific research.
Scholarships, grants-in-aid or other forms of 4. Under Section 17, Article XI of the 1987
Incentives shall be provided to deserving Constitution, the sworn statement of assets,
science students, researchers, scientists, liabilities and net worth of the President, the
investors, technologists, and specially gifted Vice-President, the Members of the
citizens." Cabinet, the Congress, the Supreme Court,
the Constitutional Commission and other
constitutional offices, and officers of the

armed forces with general or flag rank filed
upon their assumption of office shall be 5. "A public officer or employee shall, upon
disclosed to the public in the manner assumption of office, and as often as thereafter
provided by law. may be required by law, submit a declaration
under oath of his assets, liabilities, and net
5. Section 21, Article XII of the Constitution worth. In the case of the President, the Vice
declares: "Information on foreign loans President, the Members of the Cabinet, the
obtained or guaranteed by the government Congress, the Supreme Court, the
shall be made available to the public." Constitutional Commissions and other
constitutional offices, and officers of the armed
6. As held in Valmonte vs. Belmonte, G.R. No. forces with general or flag rank, the declaration
74930, Feb. 13, 1989, these provisions on shall be disclosed to the public in the manner
public disclosures are intended to enhance provided by law." (Section 17, Article XI)
the role of the citizenry in governmental
decision-making as well as in checking 6. "Information on foreign loans obtained or
abuse in government. guaranteed by the Government shall be made
available to the public." (Section 21 Article XII)
Transparency; Matters of Public Interest As explained In Valmonte v. Belmonte,
(2000) 170 SCRA 256 (1989), the purpose of
No V. State at least three constitutional the policy is to protect the people from
provisions reflecting the State policy on abuse of governmental power. If access
transparency in matters of public interest. What to information of public concern is
is the purpose of said policy? (5%) denied, the postulate "public office is a
SUGGESTED ANSWER: public trust" would be mere empty
The following are the constitutional provisions words.
reflecting the State policy on transparency in {Note: The examinee should be given
matters of public interest: full credit if he gives any three of the
1. "Subject to reasonable conditions above-mentioned provisions.}
prescribed by law, the State adopts and
Implements a policy of full public disclosure of ARTICLE III Bill of Rights
all its transactions involving public interest."
(Section 28, Article II)
Bill of Attainder (1987)
No. XI: Congress passed a law relating to
2. The right of the people to information on
officials and employees who had served in the
matters of public concern shall be recognized.
Government for the period from September 21,
Access to official records, and to documents,
1972 up to February 25, 1986.
and papers pertaining to official acts,
(a) One provision of the law declared all
transactions, or decisions, as well as to
officials from the rank of assistant head of
government research data used as basis for
a department, bureau, office or agency
policy development, shall be afforded to citizen,
"Unfit" for continued service in the
subject to such limitations as may be provided
government and declared their respective
by law." (Section 7, Article III)
positions vacant.
(b) Another provision required all the other
3. The records and books of accounts of the
officials and employees to take an oath of
Congress shall be preserved and be open to
loyalty to the flag and government as a
the public in accordance with law, and such
condition for their continued employment.
books shall be audited by the Commission on
Are the two provisions valid? Why?
Audit which shall publish annually an itemized
SUGGESTED ANSWER:
list of amounts paid to and expenses incurred
(a) The law is a bill of attainder by which
for each Member." (Section 20. Article VI)
Congress, by assuming judicial magistracy, in
effect declares all officials and employees
4. The Office of the Ombudsman shall have
during martial law (September 21, 1972-
the following powers, functions, and duties:
February 25, 1986) as disloyal and, on this
XXX XXX
basis, removes some while subjecting others to
(6) Publicize matters covered by its
a loyalty test.
investigation when circumstances so
warrant and with due prudence,"
With respect to the provision declaring positions
(Section 12, Article XI)
vacant, even the power to reorganize can not
be invoked because under the Freedom
Constitution such power can be exercised only Custodial Investigation; Extrajudicial
by the President and only up to February 25, Confession (2001)
1987. Since the law under question was No IX - Rafael, Carlos and Joseph were
presumably passed after February 25, 1987 accused of murder before the Regional Trial
and by Congress, it is unconstitutional. Court of Manila. Accused Joseph turned state
witness against his co-accused Rafael and
(b) With respect to the provision requiring the Carlos, and was accordingly discharged from
loyalty test, loyalty as a general rule is a the information. Among the evidence presented
relevant consideration in assessing employees' by the prosecution was an extrajudicial
fitness. However, the requirement in this case is confession made by Joseph during the
not a general requirement but singles out custodial Investigation, implicating Rafael and
"martial law" employees and therefore is Carlos who, he said, together with him
administered in a discriminatory manner. (Joseph), committed the crime. The
Loyalty, therefore, while a relevant extrajudicial confession was executed without
consideration in other circumstances, is being the assistance of counsel.
employed in this case for an unconstitutional
purpose. Accused Rafael and Carlos vehemently
objected on the ground that said extrajudicial
Bill of Attainder (1990) confession was inadmissible in evidence
No. 1; Executive Orders Nos. 1 and 2 issued by against them.
President Corazon C. Aquino created the
Presidential Commission on Good Government Rule on whether the said extrajudicial
(PCGG) and empowered it to sequester any confession is admissible in evidence or not.
property shown prima facie to be ill-gotten (5%)
wealth of the late President Marcos, his FIRST ALTERNATIVE ANSWER:
relatives and cronies. Executive Order No. 14 According to People vs. Balisteros, 237 SCRA
vests on the Sandiganbayan jurisdiction to try 499 (1994), the confession is admissible. Under
hidden wealth cases. On April 14, 1986, after Section 12, Article III of the Constitution, the
an investigation, the PCGG sequestered the confession is inadmissible only against the one
assets of X Corporation, Inc. who confessed. Only the one whose rights were
(1) X Corporation, Inc. claimed that President violated can raise the objection as his right is
Aquino, as President, could not lawfully personal.
issue Executive Orders Nos. 1, 2 and 14, SECOND ALTERNATIVE ANSWER;
which have the force of law, on the ground According to People us. Jara, 144 SCRA
that legislation is a function of Congress. 516(1986), the confession is inadmissible. If it is
Decide. inadmissible against the one who confessed,
(2) Said corporation also questioned the with more reason it should be inadmissible
validity of the three executive orders on the against others.
ground that they are bills of attainder and,
therefore, unconstitutional. Decide. Custodial Investigation; Extrajudicial
SUGGESTED ANSWER: Confession; Police Line-Up (1994)
(1) Executive Orders Nos. 1, 2 and 14 were No. 10: An information for parricide was filed
issued in 1986. At that time President Corazon against Danny. After the NBI found an
Aquino exercised legislative power .... eyewitness to the commission of the crime.
Danny was placed in a police line-up where he
(2) Executive Orders Nos. 1, 2 and 14 are not was identified as the one who shot the victim.
bills of attainder. A bill of attainder is a After the line-up, Danny made a confession to a
legislative act which inflicts punishment without newspaper reporter who interviewed him.
judicial trial. Accordingly, it was held in Bataan 1) Can Danny claim that his identification by
Shipyards and Engineering company. Inc. v. the eyewitness be excluded on the ground
Presidential Commission on Good Government, that the line-up was made without benefit
that Executive Orders Nos. 1, 2 and 14 are not of his counsel?
bills of attainder, because they do not inflict any 2) Can Danny claim that his confession be
punishment. On the contrary, they expressly excluded on the ground that he was not
provide that any judgment that the property afforded his "Miranda" rights?
sequestered is ill-gotten wealth is to be made SUGGESTED ANSWER:
by a court (the Sandiganbayan) only after trial.
1) No, the identification of Danny, a private valid under Section 5(b).Rule 113 of the Rules
person, by an eyewitness during the line-up on Criminal Procedure. According to People vs.
cannot be excluded in evidence. In accordance Lamsing, 248 SCRA 471, the right to counsel
with the ruling in People vs. Hatton, 210 SCRA does not extend to police line-ups, because
1, the accused is not entitled to be assisted by they are not part of custodial investigations.
counsel during a police line-up, because it is However, according to People vs. Macan 238
not part of custodial investigation. SCRA 306, after the start of custodial
investigation, if the accused was not assisted
ALTERNATIVE ANSWER; by counsel, any identification of the accused in
Yes, in United States v. Wade, 338 U.S. 218 a police line-up is inadmissible.
(1967) and Gilbert v. California, 338 U.S. 263
(1967). it was held that on the basis of the Custodial Investigation; Right to Counsel
Sixth, rather than the Fifth Amendment (1988)
(equivalent to Art. III, Sec. 14 (2) rather than No. 15: Armando Salamanca, a notorious police
Sec. 12(1)), the police line-up is such a critical character, came under custodial investigation
stage that it carries "potential substantial for a robbery in Caloocan City. From the outset,
prejudice" for which reason the accused is the police officers informed him of his right to
entitled to the assistance of Counsel. remain silent, and also his right to have a
counsel of his choice, if he could afford one or if
2) No. Danny cannot ask that his confession to not, the government would provide him with
a newspaper reporter should be excluded in such counsel.
evidence. As held in People vs. Bernardo, 220
SCRA 31, such an admission was not made He thanked the police investigators, and
during a custodial interrogation but a voluntary declared that he fully understands the rights
statement made to the media. enumerated to him, but that, he is voluntarily
waiving them. Claiming that he sincerely
Custodial Investigation; Police Line-Up desires to atone for his misdeeds, he gave a
(1997) written statement on his participation in the
No. 10: A, while on board a passenger jeep one crime under investigation.
night, was held up by a group of three
teenagers who forcibly divested her of her In the course of the trial of the criminal case for
watch, necklace and wallet containing P100.00. the same robbery, the written admission of
That done, the trio jumped off the passenger Salamanca which he gave during the custodial
jeep and fled. B, the jeep driver, and A investigation, was presented as the only
complained to the police to whom they gave evidence of his guilt. If you were his counsel,
description of the culprits. According to the jeep what would you do? Explain your answer.
driver, he would be able to identify the culprits if SUGGESTED ANSWER:
presented to him. Next morning A and B were I would object to it on the ground that the waiver
summoned to the police station where five of the rights to silence and to counsel is void,
persons were lined up before them for having been made without the presence of
identification. A and B positively identified C counsel. (Art. III, sec. 12(1); People v. Galit,
and D as the culprits. After preliminary 135 SCRA 465 (1980). The waiver must also be
investigation. C and D and one John Doe were in writing, although this requirement might
charged with robbery in an information filed possibly have been complied with in this case
against them in court. C and D set up, in by embodying the waiver in the written
defense, the illegality of their apprehension, confession. It should also be noted that under
arrest and confinement based on the Rule 134, sec. 3, even if the extrajudicial
identification made of them by A and B at a confession is valid, it is not a sufficient ground
police line-up at which they were not assisted for conviction if it is not corroborated by
by counsel. How would you resolve the issues evidence of corpus delicti.
raised by C and D?
SUGGESTED ANSWER: Custodial Investigation; Right to Counsel
The arguments of the accused are untenable. (1993)
As held in People vs. Acot, 232 SCRA 406, the No. 17; In his extrajudicial confession executed
warrantless arrest of accused robbers before the police authorities, Jose Walangtakot
Immediately after their commission of the crime admitted killing his girlfriend in a fit of jealousy.
by police officers sent to look for them on the This admission was made after the following
basis of the information related by the victims is answer and question to wit:
T - Ikaw ay may karapatan pa rin kumuha ng SUGGESTED ANSWER:
serbisyo ng isang abogado para makatulong The confession of Ramos is not admissible,
mo sa imbestigasyong ito at kung wala kang
since the counsel assigned to him did not
makuha, ikaw ay aming bibigyan ng libreng
abogado, ano ngayon ang iyong masasabi?" advise him of his rights. The fact that his
"S - Nandiyan naman po si Fiscal (point to confession was taken before the effectivity of
Assistant Fiscal Aniceto Malaputo) kaya hindi the 1987 Constitution is of no moment. Even
ko na kinakailanganang abogado." prior to the effectivity of the 1987 Constitution,
the Supreme Court already laid down strict
During the trial. Jose Walangtakot repudiated rules on waiver of the rights during investigation
his confession contending that it was made in the case of People v. Galit, 135 SCRA 465
without the assistance of counsel and therefore (1985).
Inadmissible in evidence. Decide.
SUGGESTED ANSWER: Custodial Investigation; Right to Counsel;
The confession of Jose Walangtakot is Receipt of Property Seized (2002)
inadmissible in evidence. The warning given to No VIII. One day a passenger bus conductor
him is insufficient in accordance with the ruling found a man's handbag left in the bus. When
in People v. Duero, 104 SCRA 379, he should the conductor opened the bag, he found inside
have been warned also that he has the right to a catling card with the owner's name (Dante
remain silent and that any statement he makes Galang) and address, a few hundred peso bills,
may be used as evidence against him. Besides, and a small plastic bag containing a white
under Art. III, Sec. 12(1) of the Constitution, the powdery substance. He brought the powdery
counsel assisting a person being investigated substance to the National Bureau of
must be independent. Assistant Fiscal Aniceto Investigation for laboratory examination and it
Malaputo could not assist Jose Walangtakot. As was determined to be methamphetamine
held in People v. Viduya, 189 SCRA 403, his hydrochloride or shabu, a prohibited drug.
function is to prosecute criminal cases. To allow Dante Galang was subsequently traced and
him to act as defense counsel during custodial found and brought to the NBI Office where he
investigations would render nugatory the admitted ownership of the handbag and its
constitutional rights of the accused during contents. In the course of the interrogation by
custodial investigation. What the Constitution NBI agents, and without the presence and
requires is a counsel who will effectively assistance of counsel, Galang was made to
undertake the defense of his client without any sign a receipt for the plastic bag and its shabu
conflict of interest. The answer of Jose contents. Galang was charged with illegal
Walangtakot indicates that he did not fully possession of prohibited drugs and was
understand his rights. Hence, it cannot be said convicted.
that he knowingly and intelligently waived those On appeal he contends that -
rights. A. The plastic bag and its contents are
inadmissible in evidence being the product
Custodial Investigation; Right to Counsel of an illegal search and seizure; (3%) and
(2000) B. The receipt he signed is also inadmissible
No XI. On October 1, 1985, Ramos was as his rights under custodial investigation
arrested by a security guard because he were not observed. (2%)
appeared to be "suspicious" and brought to a Decide the case with reasons.
police precinct where in the course of the SUGGESTED ANSWER:
investigation he admitted he was the killer in an A. It is admissible...
unsolved homicide committed a week earlier. B. The receipt which Galang signed without
The proceedings of his investigation were put in the assistance of counsel is not admissible in
writing and dated October 1, 1985, and the only evidence. As held in People v. Castro, 274
participation of counsel assigned to him was his SCRA 115 {1997), since the receipt is a
mere presence and signature on the statement. document admitting the offense charged,
The admissibility of the statement of Ramos Galang should have been assisted by counsel
was placed in issue but the prosecution claims as required by Article III, Section 11 of the
that the confession was taken on October 1, Constitution.
1985 and the 1987 Constitution providing for
the right to counsel of choice and opportunity to Custodial Investigation; Police Line-up
retain, took effect only on February 2, 1987 and (1993)
cannot be given retroactive effect. Rule on this. No. 9: Johann learned that the police were
(3%) looking for him in connection with the rape of an
18-year old girl, a neighbor. He went to the Boulevard, which is also owned by X.
police station a week later and presented May they lawfully seize the said
himself to the desk sergeant. Coincidentally, the unlicensed firearms? Explain your
rape victim was in the premises executing an answer.
extrajudicial statement. Johann, along with six SUGGESTED ANSWER:
(6) other suspects, were placed in a police line- (1) Yes, the police operatives may lawfully
up and the girl pointed to him as the rapist. seize the cocaine, ....
Johann was arrested and locked up in a cell.
Johann was charged with rape in court but prior (2) No, X cannot successfully challenge the
to arraignment invoked his right to preliminary legality of the search simply because the peace
investigation. This was denied by the judge, officers did not inform him about his right to
and thus, trial proceeded. After the prosecution remain silent and his right to counsel. Section
presented several witnesses, Johann through 12(1), Article III of the 1987 Constitution
counsel, invoked the right to bail and filed a provides:
motion therefor, which was denied outright by "Any person under investigation for the
the Judge. Johann now files a petition for commission of an offense shall have the
certiorari before the Court of Appeals arguing right to be informed of his right to
that: remain silent and to have competent
2) He should have been informed of his right and independent counsel preferably of
to be represented by counsel prior to his his own choice."
identification via the police line up. Decide.
SUGGESTED ANSWER: As held in People v. Dy, 158 SCRA 111. for this
2} Pursuant to the decision in People us. provision to apply, a suspect must be under
Castmillo. 213. SCRA 777, Johann need not be investigation. There was no investigation
informed of his right to counsel prior to his involved in this case.
identification during the police line-up. The
police line-up is not part of custodial (3) The unlicensed firearms stored at 12 Shaw
investigation, since Johann was not being Boulevard may lawfully be seized ...
questioned but was merely being asked to
exhibit his body for identification by a witness. Custodial Investigation; Rights (1993)
ALTERNATIVE ANSWER No. 4: Larry was an overnight guest in a motel.
It may be argued that in United States vs. After he checked out the following day, the
Wade. 388 U.S. 218 (1967) and Gilbert vs. chambermaid found an attache case which she
California. 388 U.S. 263 (1967) It was held that surmised was left behind by Larry. She turned it
on the basis of the Sixth, rather than the Fifth over to the manager who, to determine the
Amendment (equivalent to Art. III. sec. 14 (2) name and address of the owner, opened the
rather than sec. 12 (1)), the police lineup is attache case and saw packages which had a
such a "critical stage" that it carries "potential peculiar smell and upon squeezing felt like
substantial prejudice" for which reason the dried leaves. His curiosity aroused, the
accused is entitled to the assistance of counsel. manager made an opening on one of the
packages and took several grams of the
Custodial Investigation; Rights (1990) contents thereof. He took the packages to the
No. 9; Some police operatives, acting under a NBI, and in the presence of agents, opened the
lawfully issued warrant for the purpose of packages, the contents of which upon
searching for firearms in the House of X located laboratory examination, turned out to be
at No. 10 Shaw Boulevard, Pasig, Metro marijuana flowering tops, Larry was
Manila, found, instead of firearms, ten subsequently found, brought to the NBI Office
kilograms of cocaine. where he admitted ownership of the attache
(1) May the said police operatives lawfully case and the packages. He was made to sign a
seize the cocaine? Explain your answer. receipt for the packages. Larry was charged in
(2) May X successfully challenge the legality court for possession of prohibited drugs. He
of the search on the ground that the was convicted. On appeal, he now poses the
peace officers did not inform him about following issues:
his right to remain silent and his right to 1) The packages are inadmissible in evidence
counsel? Explain your answer. being the product of an illegal search and
(3) Suppose the peace officers were able to seizure;
find unlicensed firearms in the house in
an adjacent lot, that is. No, 12 Shaw
2) Neither is the receipt he signed admissible, passing motor vehicles. A 19-year old boy, who
his rights under custodial investigation not finished fifth grade, while driving, was stopped
having been observed. Decide. by the authorities at the checkpoint. Without
SUGGESTED ANSWER: any objection from him, his car was inspected,
On the assumption that the issues were timely and the search yielded marijuana leaves hidden
raised the answers are as follows: in the trunk compartment of the car. The
1) The packages are admissible in evidence. ... prohibited drug was promptly seized, and the
boy was brought to the police station for
2) The receipt is not admissible in evidence. questioning.
According to the ruling in People vs. Mirantes, (1) Was the search without warrant legal?
209 SCRA 179, such receipt is in effect an (2) Before interrogation, the policeman on duty
extrajudicial confession of the commission of an informed the boy in English that he does "have
offense. Hence, if it was signed without the a right to remain silent and the right to counsel."
assistance of counsel, in accordance with However, there was no counsel available as it
Section 12(3), Article IV of the Constitution, it is was midnight. He declared orally that he did not
inadmissible in evidence. [People v. Duhan, need any lawyer as he was innocent, since he
142 SCRA 100 (1986)]. was only bringing the marijuana leaves to his
employer in Quezon City and was not a drug
Custodial Investigation; Rights (1996) user. He was charged with illegal possession of
No. 3: 1) A, who was arrested as a suspect in a prohibited drugs. Is his waiver of the right to
murder case was not represented by counsel counsel valid?
during the "question and answer" stage. SUGGESTED ANSWER:
However, before he was asked to sign his (1) No, the search was not valid, because there
statements to the police investigator, the latter was no probable cause ....
provided A with a counsel, who happened to be
at the police station. After conferring with A, the (2) No, the waiver of the right to counsel is not
counsel told the police investigator that A was valid, since it was not reduced in writing and
ready to sign the statements. made in the presence of counsel. Under
Section 12(1), Article III of the 1987 Constitution
Can the statements of A be presented in court to be valid, the waiver must be made in writing
as his confession? Explain. and in the presence of counsel.
SUGGESTED ANSWER:
1) No, the statements of A cannot be presented Double Jeopardy (1988)
in court as his confession. He was not assisted No. 21: The Filipino seamen detained at Kota
by counsel during the actual questioning. There Kinabalu, allegedly fishing in Malaysian
is no showing that the lawyer who belatedly territorial waters, had been acquitted, after trial,
conferred with him fully explained to him the by the sessions court in the same city. They
nature and consequences of his confession. In could not be released and returned to the
People vs. Compil 244 SCRA 135, the Philippines, because the prosecution had
Supreme Court held that the accused must be appealed the judgment of acquittal to the
assisted by counsel during the actual Supreme Court of Malaysia.
questioning and the belated assistance of
counsel before he signed the confession does Assume the situations had been reversed and a
not cure the defect. Malaysian had been apprehended in Shasi,
ALTERNATIVE ANSWER: Sulu, for an alleged offense, charged before the
Yes, the statements of A can be presented in Regional Trial Court and after trial acquitted.
court as his confession. As held in People vs.
Rous, 242 SCRA 732, even if the accused was May the Provincial Fiscal of Sulu appeal such
not assisted by counsel during the questioning, judgment of acquittal to the Supreme Court, like
his confession is admissible if he was able to what the Malaysians did in the case of the
consult a lawyer before he signed. Filipino fishermen at Kota Kinabalu? Explain
your answer.
Custodial Investigation; Rights (1989) SUGGESTED ANSWER:
No. 7: Pursuing reports that great quantities of No, because it would place the accused in
prohibited drugs are being smuggled at double jeopardy, contrary to Art. III, sec. 21 of
nighttime through the shores of Cavite, the our Constitution. PD No. 1599 prohibits any
Southern Luzon Command set up checkpoints person not a citizen to explore or exploit any of
at the end of the Cavite coastal road to search the resources of the exclusive economic zone
and makes violation of the prohibition a crime crime falling under the chapter on criminal
punishable by a fine of P2,000.00 to negligence, while abandonment of one's victim
P100,000.00 and/or imprisonment of not less is a crime falling under the chapter on crimes
than 6 months nor more than 10 years. If aliens against security. The former is committed by
are arrested for fishing within this zone but for means of culpa, while the latter is committed by
some reason are acquitted, the decision against means of dolo. Failure to help one's victim is
them cannot be appealed to the Court of not an offense by itself nor an element of
Appeals because that would place them in reckless imprudence. It merely Increases the
double jeopardy. This is so well established that penalty by one degree.
the Supreme Court turned down many pleas for
re-examination of the doctrine first announced Double Jeopardy (1997)
in Kepner v. United States. 11 Phil. 669 (1904). No. 2: The Sangguniang Panlungsod of Manila
The doctrine is said to be part and parcel not approved an ordinance (No. 1000) prohibiting
only of settled jurisprudence but also of the operation in the streets within the city limits
constitutional law. Nor does it matter that the of taxicab units over eight years old (from year
accused are aliens. This guarantee has been of manufacture). The imposable penalty for
applied even to aliens without thought of their violation thereof is a fine of P4,000.00 or
citizenship. (See e.g., People v. Ang Chio Kio, 95 Phil. 475 imprisonment for one year upon the erring
(1954) (Chinese previously convicted of murder); People v. operator. Thereafter and while the city
Pomeroy, 97 Phil 927 (1955) ( American previously convicted
of rebellion with murder, arson and robbery). ordinance was already in effect. Congress
enacted a law (Republic Act No. 500)
Double Jeopardy (1993) prohibiting the operation in the streets of cities
No. 13: A Pajero driven by Joe sideswiped a throughout the country of taxicab units beyond
motorcycle driven by Nelson resulting in ten years old. The imposable penalty for
damage to the motorcycle and injuries to violation thereof is the same as in Ordinance
Nelson. Joe sped on without giving assistance No. 1000. A, an owner/operator of a taxicab unit
to Nelson. The Fiscal filed two informations operating in the City of Manila, was charged
against Joe, to wit: (1) reckless imprudence with violation of the city ordinance. Upon
resulting in damage to property with physical arraignment, he pleaded not guilty; whereupon,
injuries under Art. 365, RPC, before the RTC; trial was set five days thereafter. For failure of
and (2) abandonment of one's victim under par. the witnesses to appear at the trial, the City
2 Art 275, before the MTC. Court dismissed the case against A. The City
Prosecutor of Manila forthwith filed another
Joe was arraigned, tried and convicted for information in the same court charging A with
abandonment of one's victim in the MTC. He violation of Republic Act No. 500 for operating
appealed to the RTC. It was only a year later the taxicab unit subject of the information in the
that he was arraigned in the reckless first case. The accused moved to dismiss the
imprudence charge before the RTC. He second case against him invoking double
pleaded not guilty. Jeopardy.
Subsequently, the RTC affirmed the decision of How would you rule on A's motion if you were
the MTC relative to the abandonment of one's the Judge?
victim charge. Joe filed a petition for review SUGGESTED ANSWER:
before the Court of Appeals, invoking his right If I were the judge, I would grant the motion.
to double Jeopardy, contending that the The dismissal of the first case for failure of the
prosecution for abandonment under Art. 275 of witnesses to appear terminated the first
the Revised Penal Code is a bar to the jeopardy. As held in Caes vs. Intermediate
prosecution for negligence under Article 365 of Appellate Court, 179 SCRA 54, the dismissal of
the same Code. Decide. a case for failure of the witnesses for the
SUGGESTED ANSWER: prosecution to appear constitutes an acquittal.
Joe cannot claim that his conviction for The acquittal of A for violation of Ordinance No.
abandoning his victim in violation of Article 275 1000 bars his prosecution for violation of
of the Revised Penal Code is a bar to his Republic Act No. 500. Under Section 21, Article
prosecution for negligence under Article 365 of in of the Constitution, if an act is punished by a
the Revised Penal Code. As held in Lamera v. law and an ordinance, conviction or acquittal
Court of Appeals, 198 SCRA 186, there is no under either bars another prosecution for the
double jeopardy, because these two offenses same act.
are not identical. Reckless imprudence is a ALTERNATIVE ANSWER:
If I were the judge, I would deny the motion. the offended party. How would you resolve
The dismissal of the first case is void and does Gerald's contentions? Explain. (4%)
not give rise to double jeopardy. The dismissal SUGGESTED ANSWER:
of the first case is arbitrary and denied the Geralde cannot invoke double jeopardy.
prosecution due process of law. The trial was According to Perez v. Court of Appeals, 168
set five days after the arraignment. There was SCRA 236, there is no identity between
no sufficient time to subpoena the witnesses consented abduction and qualified seduction.
and this was the first time the witnesses failed
to appear. As held in People vs. Declaro 170 CONSENTED ABDUCTION requires that the
SCRA 142, the dismissal of a case for failure of taking away of the offended party must be with
the witnesses to appear at the initial hearing is her consent, after solicitation or cajolery from
arbitrary and void and does not give rise to the offender, and the taking away of the
double jeopardy. offended party must be with lewd designs. On
the other hand, QUALIFIED SEDUCTION
Double Jeopardy (1999) requires that the crime be committed by abuse
A. Discuss the right of every accused against of authority, confidence or relationship and the
double jeopardy? (2%) offender had sexual intercourse with the
SUGGESTED ANSWER: woman.
According to Melo v. People, 85 Phil. 766, the
rule of double jeopardy means that when a The delay in filing the second case does not
person was charged with an offense and the constitute pardon, according to Article 344 of
case was terminated by acquittal or conviction the Revised Penal Code, to be valid the pardon
or in any other manner without his consent, he of the offender by the offended party must be
cannot again be charged with the same or expressly given.
identical offense.
Double Jeopardy (2000)
Double Jeopardy (1999) No XV. Charged by Francisco with libel, Pablo
C. On October 21, 1986, 17 year old Virginia was arraigned on January 3, 2000, Pre-trial was
Sagrado brought a complaint against Martin dispensed with and continuous trial was set for
Geralde for consented abduction. With the March 7, 8 and 9, 2000. On the first setting, the
accused pleading not guilty upon arraignment, prosecution moved for its postponement and
trial ensued. After trial, a judgment of cancellation of the other settings because its
conviction was rendered against Geralde. principal and probably only witness, the private
When the case was appealed to it, the Court of complainant Francisco, suddenly had to go
Appeals reversed the judgment of the Trial abroad to fulfill a professional commitment. The
Court, ratiocinating and ruling as follows: "This judge instead dismissed the case for failure to
is not to say that the appellant did nothing prosecute.
wrong...she was seduced by the appellant with b) Would the reversal of the trial court's
promises (of marriage) just to accomplish his assailed dismissal of the case place the
lewd designs." Years later, Virginia brought accused in double jeopardy? (3%)
another complaint for Qualified Seduction. SUGGESTED ANSWER:
Geralde presented a Motion to Quash on the b) Since the postponement of the case would
ground of double jeopardy, which motion and not violate the right of the accused to speedy
his subsequent motion for reconsideration were trial, the precipitate dismissal of the case is
denied: Question: May Geralde validly invoke void. The reversal of the dismissal will not
double jeopardy in questioning the institution of place the accused in double Jeopardy.
the case for Qualified Seduction? He placed ALTERNATIVE ANSWER:
reliance principally on the "same evidence" b) Since the dismissal of the case is valid, its
test to support his stance. He asserted that reversal will place the accused in double
the offenses with which he was charged arose jeopardy.
from the same set of facts. Furthermore, he
averted that the complaint for Qualified Double Jeopardy (2001)
Seduction is barred by waiver and estoppel on No X - For the death of Joey, Erning was
the part of the complainant, she having opted to charged with the crime of homicide before the
consider the case as consented abduction. Regional Trial Court of Valenzuela. He was
Finally, he argued that her delay of more than arraigned. Due to numerous postponements of
eight (8) years before filing the second case the scheduled hearings at the instance of the
against him constituted pardon on the part of prosecution, particularly based on the ground of
unavailability of prosecution witnesses who an ordinance, conviction or acquittal under
could not be found or located, the criminal case either shall constitute a bar to another
was pending trial for a period of seven years. prosecution for the same act. In this case, the
Upon motion of accused Erning who invoked same act is involved in the two cases. The
his right to speedy trial, the court dismissed the reckless imprudence which resulted in physical
case. injuries arose from the same act of driving
under the influence of liquor. In Yap v. Lutero,
Eventually, the prosecution witnesses surfaced, G.R. No. L-12669, April 30, 1959, the Supreme
and a criminal case for homicide, involving the Court held that an accused who was acquitted
same incident was filed anew against Erning. of driving recklessly in violation of an ordinance
Accused Erning moved for dismissal of the could not be prosecuted for damage to property
case on the ground of double jeopardy. The through reckless imprudence because the two
prosecution objected, submitting the reason charges were based on the same act. In People
that it was not able to present the said v, Relova, 148 SCRA 292 (1987), it was held
witnesses earlier because the latter went into that when there is identity in the act punished
hiding out of fear. Resolve the motion. (5%) by a law and an ordinance, conviction or
SUGGESTED ANSWER: acquittal under either shall bar prosecution
The motion should be granted. As held in Caes under the other.
us. Intermediate Appellate Court, 179 SCRA 54 SECOND ALTERNATIVE ANSWER:
(1989), the dismissal of a criminal case There is no double jeopardy because the act
predicated on the right of the accused to a penalized under the Revised Penal Code is
speedy trial amounts to an acquittal for failure different from the act penalized by the
of the prosecution to prove his guilt and bars his ordinance of Makati City. The Revised Penal
subsequent prosecution for the same offense. Code penalizes reckless imprudence resulting
in physical injuries, while the ordinance of
Double Jeopardy (2002) Makati City penalizes driving under the
No IX. A Tamaraw FX driven by Asiong influence of liquor.
Cascasero, who was drunk, sideswiped a
pedestrian along EDSA in Makati City, resulting Double Jeopardy; Requisites (1999)
in physical injuries to the latter. The public B. What are the requisites of double jeopardy?
prosecutor filed two separate informations (2%)
against Cascasero, the first for reckless SUGGESTED ANSWER:
imprudence resulting in physical injuries under As held in Cuison v. Court of Appeals, 289
the Revised Penal Code, and the second for SCRA 159, for a claim of double jeopardy to
violation of an ordinance of Makati City prosper, the following requisites must concur:
prohibiting and penalizing driving under the (1) a first jeopardy has attached;
influence of liquor. (2) the first jeopardy was validly terminated; and
Cascasero was arraigned, tried and convicted (3) the second is for the same offense.
for reckless imprudence resulting in physical
injuries under the Revised Penal Code. With A first jeopardy attaches:
regard to the second case (i.e., violation of the 1. upon a valid complaint or information;
city ordinance), upon being arraigned, he filed a 2. before a competent court;
motion to quash the information invoking his 3. after arraignment;
right against double jeopardy. He contended 4. a valid entry of plea; and
that, under Art. III, Section 21 of the 5. the dismissal or termination of the case
Constitution, if an act is punished by a law and without the express consent of the accused.
an ordinance, conviction or acquittal under
either shall constitute a bar to another Due Process; Absence of Denial (1999)
prosecution for the same act He argued that the No VIII - B. On April 6, 1963, Police Officer
two criminal charges against him stemmed from Mario Gatdula was charged by the Mayor with
the same act of driving allegedly under the Grave Misconduct and Violation of Law before
influence of liquor which caused the accident. the Municipal Board. The Board investigated
Was there double jeopardy? Explain your Gatdula but before the case could be decided,
answer (5%) the City charter was approved. The City Fiscal,
FIRST ALTERNATIVE ANSWER: citing Section 30 of the city charter, asserted
Yes, there is double jeopardy. Under the that he was authorized thereunder to
second sentence of Article III, Section 21 of the investigate city officers and employees. The
Constitution, if an act is punished by a law and case against Gatdula was then forwarded to
him, and a re-investigation was conducted. The received the evidence, in violation of the "He
office of the Fiscal subsequently recommended who decides must hear" rule. Is he correct?
dismissal. On January 11, 1966, the City Mayor 2) On the ground that there was a violation of
returned the records of the case to the City due process because the complainants, the
Fiscal for the submission of an appropriate prosecutor and the hearing officers were all
resolution but no resolution was submitted. On subordinates of the BID Commissioners who
March 3, 1968, the City Fiscal transmitted the rendered the deportation decision. Is he
records to the City Mayor recommending that correct?
final action thereon be made by the City Board SUGGESTED ANSWER:
of Investigators (CBI). Although the CBI did 1) No, Stevie is not correct. As held in Adamson
not conduct an investigation, the records show A Adamson, Inc. vs. Amores, 152 SCRA 237,
that both the Municipal Board and the Fiscal's administrative due process does not require
Office exhaustively heard the case with both that the actual taking of testimony or the
parties afforded ample opportunity to adduce presentation of evidence before the same
their evidence and argue their cause. The officer who will decide the case.
Police Commission found Gatdula guilty on the
basis of the records forwarded by the CBI. In American Tobacco Co. v. Director of Patents,
Gatdula challenged the adverse decision of the 67 SCRA 287, the Supreme Court has ruled
Police Commission theorizing that he was that so long as the actual decision on the merits
deprived of due process. Questions: Is the of the cases is made by the officer authorized
Police Commission bound by the findings of the by law to decide, the power to hold a hearing on
City Fiscal? Is Gatdula's protestation of lack or the basis of which his decision will be made can
non-observance of due process well-grounded? be delegated and is not offensive to due
Explain your answers. (4%) process. The Court noted that: "As long as a
SUGGESTED ANSWER: party is not deprived of his right to present his
The Police Commission is not bound by the own case and submit evidence in support
findings of the City Fiscal. In Mangubat v. de thereof, and the decision is supported by the
Castro, 163 SCRA 608, it was held that the evidence in the record, there is no question that
Police Commission is not prohibited from the requirements of due process and fair trial
making its own findings on the basis of its own are fully met. In short, there is no abrogation of
evaluation of the records. Likewise, the responsibility on the part of the officer
protestation of lack of due process is not well- concerned as the actual decision remains with
grounded, since the hearings before the and is made by said officer. It is, however,
Municipal Board and the City Fiscal offered required that to give the substance of a hearing,
Gatdula the chance to be heard. There is no which is for the purpose of making
denial of due process if the decision was determinations upon evidence the officer who
rendered on the basis of evidence contained in makes the determinations must consider and
the record and disclosed to the parties affected. appraise the evidence which justifies them.
Due Process; Deportation (1994) 2) No, Stevie was not denied due process
No. 9: A complaint was filed by Intelligence simply because the complainants, the
agents of the Bureau of Immigration and prosecutor, and the hearing officers were all
Deportation (BID) against Stevie, a German subordinates of the Commissioner of the
national, for his deportation as an undesirable Bureau of Immigration and Deportation. In
alien. The Immigration Commissioner directed accordance with the ruling in Erianger &
the Special Board of Inquiry to conduct an Galinger, Inc. vs. Court of Industrial Relations,
Investigation. At the said Investigation, a lawyer 110 Phil. 470, the findings of the subordinates
from the Legal Department of the BID are not conclusive upon the Commissioners,
presented as witnesses the three Intelligence who have the discretion to accept or reject
agents who filed the complaint. On the basis of them. What is important is that Stevie was not
the findings, report and recommendation of the deprived of his right to present his own case
Board of Special Inquiry, the BID and submit evidence in support thereof, the
Commissioners unanimously voted for Stevie's decision is supported by substantial evidence,
deportation. Stevie's lawyer questioned the and the commissioners acted on their own
deportation order independent consideration of the law and facts
1) On the ground that Stevie was denied due of the case, and did not simply accept the views
process because the BID Commissioners who of their subordinates in arriving at a decision.
rendered the decision were not the ones who
Due Process; Forfeiture Proceedings (1993) the proceedings, and in the last analysis to
No. 14: The S/S "Masoy" of Panamanian avoid a miscarriage of justice.
registry, while moored at the South Harbor, was
found to have contraband goods on board. The Due Process; Meeting vs. Hearing (1999)
Customs Team found out that the vessel did not No VIII - C. On November 7, 1990, nine
have the required ship's permit and shipping lawyers of the Legal Department of Y Bank who
documents. The vessel and its cargo were held were all under Fred Torre, sent a complaint to
and a warrant of Seizure and Detention was management accusing Torre of abusive
issued after due investigation. In the course of conduct and mismanagement. Furnished with
the forfeiture proceedings, the ship captain and a copy of the complaint, Torre denied the
the ship's resident agent executed sworn charges. Two days later, the lawyers and
statements before the Custom legal officer Torre were called to a conference in the office
admitting that contraband cargo were found of the Board Chairman to give their respective
aboard the vessel. The shipping lines object to sides of the controversy. However, no
the admission of the statements as evidence agreement was reached thereat. Bank Director
contending that during their execution, the Romulo Moret was tasked to look further into
captain and the shipping agent were not the matter. He met with the lawyers together
assisted by counsel, in violation of due process. with Torre several times but to no avail. Moret
Decide. then submitted a report sustaining the charges
SUGGESTED ANSWER: of the lawyers. The Board Chairman wrote
The admission of the statements of the captain Torre to inform him that the bank had chosen
and the shipping agent as evidence did not the compassionate option of "waiting" for
violate due process even if they were not Torre's resignation. Torre was asked, without
assisted by counsel. In Feeder International being dismissed, to turn over the documents of
Line, Pts. Ltd. v. Court of Appeals, 197 SCRA all cases handled by him to another official of
842, It was held that the assistance of counsel the bank but Torre refused to resign and
is not indispensable to due process in forfeiture requested for a "full hearing". Days later, he
proceedings since such proceedings are not reiterated his request for a "full hearing",
criminal in nature. claiming that he had been "constructively
dismissed". Moret assured Torre that he is "free
Moreover, the strict rules of evidence and to remain in the employ of the bank" even if he
procedure will not apply in administrative has no particular work assignment. After
proceedings like seizure and forfeiture another request for a "full hearing" was ignored,
proceedings. What is important is that the Torre filed a complaint with the arbitration
parties are afforded the opportunity to be heard branch of NLRC for illegal dismissal. Reacting
and the decision of the administrative authority thereto, the bank terminated the services of
is based on substantial evidence. Torre. Questions: (a) Was Torre "constructively
dismissed" before he filed his complaint? (b)
Due Process; Media Coverage during Given the multiple meetings held among the
Hearing (1996) bank officials, the lawyers and Torre, is it
No 2: At the trial of a rape case where the correct for him to say that he was not given an
victim-complainant was a well known opportunity to be heard? Explain your answers.
personality while the accused was a popular (4%)
movie star, a TV station was allowed by the trial SUGGESTED ANSWER:
judge to televise the entire proceedings like the a) Torre was constructively dismissed, as held
O.J. Simpson trial. The accused objected to the in Equitable Banking Corporation v. National
TV coverage and petitioned the Supreme Court Labor Relations Commission, 273 SCRA 352.
to prohibit the said coverage. Allowing an employee to report for work without
As the Supreme Court, how would you rule on being assigned any work constitutes
the petition? Explain. constructive dismissal.
SUGGESTED ANSWER:
The Supreme Court should grant the petition. In b) Torre is correct in saying that he was not
its Resolution dated October 22, 1991, the given the chance to be heard. The meetings in
Supreme Court prohibited live radio and the nature of consultations and conferences
television coverage of court proceedings to cannot be considered as valid substitutes for
protect the right of the parties to due process, the proper observance of notice and hearing.
to prevent the distraction of the participants in
Due Process; Notice by Publication (1988)
No. 9: Macabebe, Pampanga has several No, it is not a property right under the due
barrios along the Pampanga river. To service process clause of the Constitution. Just like
the needs of their residentst the municipality ordinary licenses in other regulated fields, it
has been operating a ferry service at the same may be revoked any time. It does not confer an
river, for a number of years already. absolute right, but only a personal privilege,
subject to restrictions. A licensee takes his
Sometime in 1987, the municipality was served license subject to such conditions as the
a copy of an order from the Land Tansportation Legislature sees fit to impose, and may be
Franchising and Regulatory Board (LTFRB), revoked at its pleasure without depriving the
granting a certificate of public convenience to licensee of any property (Chavez v. Romulo,
Mr. Ricardo Macapinlac, a resident of G.R. No. 157036, June 9, 2004).
Macabebe, to operate ferry service across the
same river and between the same barrios being Due Process; PPA-Pilots (2001)
serviced presently by the municipality's ferry No XIII - The Philippine Ports Authority (PPA)
boats. A check of the records of the application General Manager issued an administrative
of Macapinlac shows that the application was order to the effect that all existing regular
filed some months before, set for hearing, and appointments to harbor pilot positions shall
notices of such hearing were published in two remain valid only up to December 31 of the
newspapers of general circulation in the town of current year and that henceforth all
Macabebe, and in the province of Pampanga. appointments to harbor pilot positions shall be
The municipality had never been directly served only for a term of one year from date of
a copy of that notice of hearing nor had the effectivity, subject to yearly renewal or
Sangguniang Bayan been requested by cancellation by the PPA after conduct of a rigid
Macapinlac for any operate. The municipality evaluation of performance. Pilotage as a
immediately filed a motion for reconsideration profession may be practiced only by duly
with the LTFRB which was denied. It went to licensed individuals, who have to pass five
the Supreme Court on a petition for certiorari to government professional examinations.
nullify the order granting a certificate of public
convenience to Macapinlac on two grounds: The Harbor Pilot Association challenged the
1. Denial of due process to the municipality; validity of said administrative order arguing that
2. For failure of Macapinlac to secure approval it violated the harbor pilots' right to exercise
of the Sangguniang Bayan for him to their profession and their right to due process of
operate a ferry service in Macabebe, law and that the said administrative order was
Resolve the two points in the petition with issued without prior notice and hearing. The
reasons. PPA countered that the administrative order
SUGGESTED ANSWER: was valid as it was issued in the exercise of its
The petition for certiorari should be granted, administrative control and supervision over
1. As a party directly affected by the operation harbor pilots under PPA's legislative charter,
of the ferry service, the Municipality of and that in issuing the order as a rule or
Macabebe, Pampanga was entitled to be regulation, it was performing its executive or
directly notified by the LTFRB of its legislative, and not a quasi-Judicial function.
proceedings relative to Macapinlac's
application, even if the Municipality had not Due process of law is classified into two kinds,
notified the LTFRB of the existence of the namely, procedural due process and
municipal ferry service. Notice by publication substantive due process of law. Was there, or,
was not enough. (Municipality of Echague v. was there no violation of the harbor pilots' right
Abellera, 146 SCRA 180 (1986)). to exercise their profession and their right to
due process of law? (5%)
2. Where a ferry operation lies entirely within SUGGESTED ANSWER:
the municipality, the prior approval of the The right of the harbor pilots to due process
Municipal government is necessary. .... was violated. Am held in Corona vs. United
Harbor Pilots Association of the Philippines,
Due Process; Permit to Carry Firearm 283 SCRA 31 (1997) pilotage as a profession is
Outside Residence (Q6-2006) a property right protected by the guarantee of
3. Does a Permit to Carry Firearm Outside due process. The pre-evaluation cancellation of
Residence (PTCFOR) constitute a property the licenses of the harbor pilots every year is
right protected by the Constitution? (2.5%) unreasonable and violated their right to
SUGGESTED ANSWER: substantive due process. The renewal is
dependent on the evaluation after the licenses issued after appropriate notice and hearing to
have been cancelled. The issuance of the affected parties. The ruling in Philippine
administrative order also violated procedural Communications Satellite Corporation vs.
due process, since no prior public hearing was Alcuaz, 180 SCRA 218, to the effect that an
conducted. As hold in Commissioner of Internal order provisionally reducing the rates which a
Revenue vs. Court of Appeals, 261 SCRA 237 public utility could charge, could be issued
(1998), when a regulation is being issued under without previous notice and hearing, cannot
the quasi-legislative authority of an apply.
administrative agency, the requirements of
notice, hearing and publication must be Due Process; Public School Teachers (2002)
observed. No X - Ten public school teachers of Caloocan
City left their classrooms to join a strike, which
Due Process; Procedural vs. Substantive lasted for one month, to ask for teachers'
(1999) benefits.
No VIII - A. Give examples of acts of the state
which infringe the due process clause: The Department of Education, Culture and
1. in its substantive aspect and (1%) Sports charged them administratively, for which
2. in its procedural aspect? (1%) reason they were required to answer and
SUGGESTED ANSWER: formally investigated by a committee composed
1.) A law violates substantive due process of the Division Superintendent of Schools as
when it is unreasonable or unduly oppressive. Chairman, the Division Supervisor as member
For example, Presidential Decree No. 1717, and a teacher, as another member. On the
which cancelled all the mortgages and liens of a basis of the evidence adduced at the formal
debtor, was considered unconstitutional for investigation which amply established their
being oppressive. Likewise, as stated in guilt, the Director rendered a decision meting
Ermita-Malate Hotel and Motel Operators out to them the penalty of removal from office.
Association, Inc. v. City Mayor of Manila, 20 The decision was affirmed by the DECS
SCRA 849, a law which is vague so that men of Secretary and the Civil Service Commission.
common intelligence must guess at its meaning
and differ as to its application violates On appeal, they reiterated the arguments they
substantive due process. As held in Tanada v. raised before the administrative bodies, namely:
Tuvera, 146 SCRA 446, due process requires (b) They were deprived of due process of law
that the law be published. as the Investigating Committee was improperly
constituted because it did not include a teacher
2.) In State Prosecutors v. Muro, 236 SCRA in representation of the teachers' organization
505, it was held that the dismissal of a case as required by the Magna Carta for Public
without the benefit of a hearing and without any School Teachers (R.A. No. 4670, Sec. 9).
notice to the prosecution violated due process. SUGGESTED ANSWER:
Likewise, as held in People v. Court of Appeals, The teachers were deprived of due process of
262 SCRA 452, the lack of impartiality of the law. Under Section 9 of the Magna Carta for
judge who will decide a case violates Public School Teachers, one of the members of
procedural due process. the committee must be a teacher who is a
representative of the local, or in its absence,
Due Process; Provisional Order (1991) any existing provincial or national organization
No 7 - On 29 July 1991. the Energy Regulatory of teachers. According to Fabella v. Court of
Board (ERB), in response to public clamor, Appeals, 283 SCRA 256 (1997), to be
issued a resolution approving and adopting a considered the authorized representative of
schedule for bringing down the prices of such organization, the teacher must be chosen
petroleum products over a period of one (1) by the organization itself and not by the
year starting 15 August 1991, over the objection Secretary of Education, Culture and Sports.
of the oil companies which claim that the period Since in administrative proceedings, due
covered is too long to prejudge and foresee. Is process requires that the tribunal be vested with
the resolution valid? jurisdiction and be so constituted as to afford a
SUGGESTED ANSWER: person charged administratively a reasonable
No, the resolution is invalid, since the Energy guarantee of impartiality, if the teacher who is a
Regulatory Board issued the resolution without member of the committee was not appointed in
a hearing. The resolution here is not a accordance with the law, any proceeding before
provisional order and therefore it can only be
it is tainted with deprivation of procedural due defense presented in his behalf will be
process. inadequate considering the legal requisite and
skill needed in court proceedings. There would
Due Process; Radio Station (1987) certainly be a denial of due process. (Delgado
No. XIV: In the morning of August 28, 1987, v. Court of Appeals, 145 SCRA 357 (1986)).
during the height of the fighting at Channel 4
and Camelot Hotel, the military closed Radio Due Process; Substantive (2003)
Station XX, which was excitedly reporting the 2003 No XII - The municipal council of the
successes of the rebels and movements municipality of Guagua, Pampanga, passed an
towards Manila and troops friendly to the ordinance penalizing any person or entity
rebels. The reports were correct and factual. On engaged in the business of selling tickets to
October 6, 1987, after normalcy had returned movies or other public exhibitions, games or
and the Government had full control of the performances which would charge children
situation, the National Telecommunications between 7 and 12 years of age the full price of
Commission, without notice and hearing, but admission tickets instead of only one-half of the
merely on the basis of the report of the military, amount thereof. Would you hold the ordinance
cancelled the franchise of station XX. a valid exercise of legislative power by the
Discuss the legality of: municipality? Why?
(b) The cancellation of the franchise of the SUGGESTED ANSWER:
station on October 6, 1987. The ordinance is void. As held in Balacuit v.
SUGGESTED ANSWER: Court of First Instance of Agusan del Norte. 163
The cancellation of the franchise of the station SCRA 182 [1988], the ordinance is
on October 6, 1987, without prior notice and unreasonable. It deprives the sellers of the
hearing, is void. As held in Eastern tickets of their property without due process. A
Broadcasting Corp. (DYRE) v. Dans, 137 SCRA ticket is a property right and may be sold for
647 (1985), the cardinal primary requirements such price as the owner of it can obtain. There
in administrative proceedings (one of which is is nothing pernicious in charging children the
that the parties must first be heard) as laid same price as adults.
down in Ang Tibay v. CIR, 69 Phil. 635 (1940)
must be observed in closing a radio station Due Process; Suspension of Driver's
because radio broadcasts are a form of License (1992)
constitutionally-protected expression. No, 3; Congress is considering a law against
drunken driving. Under the legislation, police
Due Process; Represented by a Non-Lawyer authorities may ask any driver to take a
(1988) "breathalyzer test", wherein the driver exhales
No. 5: Norberto Malasmas was accused of several times into a device which can determine
estafa before the Regional Trial Court of whether he has been driving under the
Manila. After the trial, he was found guilty. On influence of alcohol. The results of the test can
appeal, his conviction was affirmed by the Court be used, in any legal proceeding against him.
of Appeals. After the records of his case had Furthermore, declaring that the issuance of a
been remanded to the Regional Trial Court for driver's license gives rise only to a privilege to
execution, and after the latter Court had set the drive motor vehicles on public roads, the law
date for the promulgation of judgment, the provides that a driver who refuses to take the
accused filed a motion with the Court of test shall be automatically subject to a 90-day
Appeals to set aside the entry of judgment, and suspension of his driver's license,
to remand the case to the Regional Trial Court
for new trial on the ground that he had just Cite two [2] possible constitutional objections to
discovered that "Atty. Leonilo Maporma" whom this law. Resolve the objections and explain
he had chosen and who had acted as his whether any such infirmities can be cured.
counsel before the trial court and the Court of SUGGESTED ANSWER:
Appeals, is not a lawyer. Resolved the motion Possible objections to the law are that requiring
of the accused with reasons. a driver to take the breathalyzer test will violate
SUGGESTED ANSWER: his right against self-incrimination, that
The motion should be granted and the entry of providing for the suspension of his driver's
judgment should be set aside. An accused is license without any hearing violates due
entitled to be heard by himself or counsel. (Art. process, and that the proposed law will violate
III, sec. 14(2)). Unless he is represented by an the right against unreasonable searches and
attorney, there is a great danger that any seizures, because it allows police authorities to
require a drive to take the breathalyzer test Electric Light Co, v. PSC, 10 SCRA 46 (1964) it
even if there is no probable cause was held that a rate order, which applies
ALTERNATIVE ANSWER: exclusively to a particular party and is
Requiring a driver to take a breathalyzer test predicated on a finding of fact, partakes of the
does not violate his right against self- nature of a quasi judicial, rather than legislative,
incrimination, because he is not being function.
compelled to give testimonial evidence. He is
merely being asked to submit to a physical test. The first order, granting a provisional rate
This is not covered by the constitutional increase without hearing, is valid if justified by
guarantee against self-incrimination. Thus, in URGENT PUBLIC NEED, such as increase in
South Dakota vs. Neville, 459 U.S. 553, it was the cost of fuel. The power of the Public Service
held for this reason that requiring a driver to Commission to grant such increase was upheld
take a blood-alcohol test is valid. in several cases. (Silva v. Ocampo, 90 Phil. 777
(1952); Halili v. PSC, 92 Phil. 1036(1953))
As held in Mackey vs. Afontrya 443 U.S. 1,
because of compelling government interest in The second order requiring the company to pay
safety along the streets, the license of a driver unpaid supervisory fees under the Public
who refuses to take the breathalyzer test may Service Act cannot be sustained. The company
be suspended immediately pending a post- has a right to be heard, before it may be
suspension hearing, but there must be a ordered to pay. (Ang Tibay v. CIR, 69 Phil. 635
provision for a post-suspension hearing. Thus, (1940))
to save the proposed law from The third order can be justified. The fact that
unconstitutionally on the ground of denial of due the TRB has allowed a provisional rate increase
process, it should provide for an immediate does not bind it to make the order permanent if
hearing upon suspension of the driver's license. the evidence later submitted does not justify
The proposed law violates the right against increase but, on the contrary, warrants the
unreasonable searches and seizures. It will reduction of rates.
authorize police authorities to stop any driver
and ask him to take the breathalyzer test even Eminent Domain; Garnishment (1994)
in the absence of a probable cause. No. 14: The Municipality of Antipolo, Rizal,
expropriated the property of Juan Reyes for use
Due Process; Urgent Public Need (1987) as a public market. The Municipal Council
No. II: The Manila Transportation Company appropriated Pl,000,000.00 for the purchase of
applied for upward adjustment of its rates the lot but the Regional Trial Court, on the basis
before the Transportation Regulatory Board. of the evidence, fixed the value at
Pending the petition, the TRB, without previous P2,000,000.00.
hearing, granted a general nationwide 1) What legal action can Juan Reyes take to
provisional increase of rates. In another Order, collect the balance?
TRB required the company to pay the unpaid 2) Can Juan Reyes ask the Regional Trial
supervisory fees collectible under the Public Court to garnish the Municipality's account
Service Law. After due notice and hearing, on with the Land Bank?
the basis of the evidence presented by Manila SUGGESTED ANSWER:
Transportation Company and the Oppositors, 1) To collect the balance of Judgment, as
TRB issued an Order reducing the rates applied stated in Tan Toco vs. Municipal Counsel of
for by one-fourth. Iloilo, 49 Phil. 52, Juan Reyes may levy on
patrimonial properties of the Municipality of
Characterize the powers exercised by the TRB Antipolo. If it has no patrimonial properties, in
in this case and determine whether under the accordance with the Municipality of Makati vs.
present constitutional system the Court of Appeals, 190 SCRA 206, the remedy
Transportation Regulatory Board can be validly of Juan Reyes is to file a petition for mandamus
conferred the powers exercised by it in issuing to compel the Municipality of Antipolo to
the Orders given above. Explain. appropriate the necessary funds to satisfy the
SUGGESTED ANSWER: judgment.
The orders in this case involve the exercise of
judicial function by an administrative agency, 2) Pursuant to the ruling in Pasay City
and therefore, as a general rule, the cardinal Government vs. Court of First Instance of
primary rights enumerated in Ang Tibay v. CIR, Manila, 132 SCRA 156, since the Municipality
69 Phil. 635 (1940) must be observed. In Vigart of Antipolo has appropriated P1,000,000 to pay
for the lot, its bank account may be garnished (2) As the judge, rule on the said objections.
but up to this amount only. SUGGESTED ANSWER:
(1) As counsel for C Company, I will argue that
Eminent Domain; Garnishment (1998) the taking of the property is not for a public use
No VI - 2, If the City of Cebu has money in and that the ordinance cannot fix the
bank, can it be garnished? [2%] compensation to be paid C Company, because
SUGGESTED ANSWER: this is a judicial question that is for the courts to
2. No, the money of the City of Cebu in the decide.
bank cannot be garnished if it came from public
funds. As held in Municipality of Makati vs. (2) As judge, I will sustain the contention that
Court of Appeals, 190 SCRA 206, 212, public the taking of the property of C Company to
funds are exempted from garnishment. operate the commercial center established
within it to finance a housing project for city
Eminent Domain; immunity from suit (2001) employees is not for a public use but for a
No III - The Republic of the Philippines, through private purpose. As the Court indicated in a
the Department of Public Works and Highways dictum in Manotok. v. National Housing
(DPWH), constructed a new highway linking Authority, 150 SCRA 89, that the expropriation
Metro Manila and Quezon province, and which of a commercial center so that the profits
major thoroughfare traversed the land owned derived from its operation can be used for
by Mang Pandoy. The government neither filed housing projects is a taking for a private
any expropriation proceedings nor paid any purpose.
compensation to Mang Pandoy for the land thus
taken and used as a public road. I will also sustain the contention that the
ordinance, even though it fixes the
Mang Pandoy filed a suit against the compensation for the land on the basis of the
government to compel payment for the value of prevailing land value cannot really displace
his land. The DPWH filed a motion to dismiss judicial determination of the price for the simple
the case on the ground that the State is reason that many factors, some of them
immune from suit. Mang Pandoy filed an supervening, cannot possibly be considered by
opposition. the legislature at the time of enacting the
Resolve the motion. (5%) ordinance. There is greater reason for nullifying
SUGGESTED ANSWER: the use of the cost of construction in the
The motion to dismiss should be denied. As ordinance as basis for compensation for the
held in Amigable v. Cuenca, 43 SCRA 300 improvements. The fair market value of the
(1972), when the Government expropriates improvements may not be equal to the cost of
private property without paying compensation, it construction. The original cost of construction
is deemed to have waived its immunity from may be lower than the fair market value, since
suit. Otherwise, the constitutional guarantee the cost of construction at the time of
that private property shall not be taken for expropriation may have increased.
public use without payment of just ALTERNATIVE ANSWER:
compensation will be rendered nugatory. The taking of the commercial center is justified
by the concept of indirect public benefit since its
Eminent Domain; Indirect Public Benefit operation is intended for the development of the
(1990) vacant portion for socialized housing, which is
No. 2: The City of Cebu passed an ordinance clearly a public purpose.
proclaiming the expropriation of a ten (10)
hectare property of C Company, which property Eminent Domain; Just Compensation (1988)
is already a developed commercial center. The No. 8: Mr. Roland Rivera is the owner of four
City proposed to operate the commercial center lots sought to be expropriated by the Export
in order to finance a housing project for city Processing Zone Authority for the expansion of
employees in the vacant portion of the said the export processing zone at Baguio City. The
property. The ordinance fixed the price of the same parcels of land had been valued by the
land and the value of the improvements to be Assessor at P120.00 per square meter, while
paid C Company on the basis of the prevailing Mr. Rivera had previously fixed the market
land value and cost of construction. value of the same at P100 per square meter.
(1) As counsel for C Company, give two The Regional Trial Court decided for
constitutional objections to the validity of expropriation and ordered the payment to Mr.
the ordinance. Rivera at the rate of P100 a square meter
pursuant to Presidential Decree No. 1533, wrong. Secondly, the determination of just
providing that in determining just compensation compensation in expropriation cases is a
for private property acquired through eminent judicial function. Since under Section 9, Article
domain proceedings, the compensation to be III of the 1987 Constitution private property shall
paid shall not exceed the value declared by the not be taken for public use without just
owner or determined by the Assessor, pursuant compensation, no law can mandate that its
to the Real Property Tax Code, whichever value determination as to the just compensation shall
is lower, prior to the recommendation or prevail over the findings of the court.
decision of the appropriate government office to
acquire the property. Eminent Domain; Just Compensation (1998)
No VI. The City of Cebu expropriated the
Mr. Rivera appealed, insisting that just property of Carlos Topico for use as a municipal
compensation for his property should be parking lot. The Sangguniang Panlungsod
determined by Commissioners who could appropriated P10 million for this purpose but
evaluate all evidence on the real value of the the Regional Trial Court fixed the compensation
property, at the time of its taking by the for the taking of the land at P15 million.
government. He maintains that the lower court 1. What legal remedy, if any, does Carlos
erred in relying on Presidential Decree No, Topico have to recover the balance of P5
1533, which he claims is unconstitutional. million for the taking of his land? [3%]
SUGGESTED ANSWER:
How would you decide the appeal? Explain 1. The remedy of Carlos Toplco is to levy on
your answer. the patrimonial properties of the City of Cebu. In
SUGGESTED ANSWER: Municipality of Paoay vs Manaois, 86 Phil 629.
The decision of the lower court should be 632, the Supreme Court held:
reversed. In EPZA v, Dulay, 149 SCRA 305 "Property, however, which is patrimonial
(1987) the Supreme Court declared PD No. and which is held by a municipality in its
1533 to be an unconstitutional encroachment proprietary capacity as treated by the
on the prerogatives of the judiciary. It was great weight of authority as the private
explained that although a court would asset of the town and may be levied upon
technically have the power to determine the just and sold under an ordinary execution."
compensation for property under the Decree,
the court's task would be relegated to simply If the City of Cebu does not have patrimonial
stating the lower value of the property as properties, the remedy of Carlos Topico is to file
declared either by the owner or by the a petition for mandamus to compel it to
assessor. Just compensation means the value appropriate money to satisfy the Judgment. In
of the property at the time of the taking. It Municipality Makati vs. Court of Appeals, 190
means a fair and full equivalent for the loss SCRA 206, 213. the Supreme Court said:
sustained. To determine it requires "Where a municipality falls or refuses,
consideration of the condition of the property without justifiable reason, to effect
payment of a final money judgment
and its surrounding, its improvements and
rendered against it, the claimant may
capabilities.
avail of the remedy of mandamus in order
to compel the enactment and approval of
Eminent Domain; Just Compensation (1989) the necessary appropriation ordinance,
No, 6: A law provides that in the event of and the corresponding disbursement of
expropriation, the amount to be paid to a municipal funds therefor."
landowner as compensation shall be either the
sworn valuation made by the owner or the ALTERNATIVE ANSWER:
official assessment thereof, whichever is lower. 1. He can file the money claim with the
Can the landowner successfully challenge the Commission on Audit.
law in court? Discuss briefly your answer.
SUGGESTED ANSWER: Eminent Domain; Legal Interest (1993)
Yes, the landowner can successfully challenge No, 5: In expropriation proceedings:
the law in court. According to the decision in 1) What legal interest should be used in the
Export Processing Zone Authority vs. Dulay, computation of interest on just compensation?
149 SCRA 305, such a law is unconstitutional. SUGGESTED ANSWER:
First of all, it violates due process, because it As held in National Power Corporation vs.
denies to the landowner the opportunity to Angas. 208 SCRA 542, in accordance with
prove that the valuation in the tax declaration is Article 2209 of the Civil Code, the legal interest
should be SIX per cent (6%) a year. Central be other available lots in Santa for a sports
Bank Circular No. 416, which increased the center.
legal interest to twelve percent (12%) a year is
not applicable to the expropriation of property Nonetheless, the Municipality of Santa, through
and is limited to loans, since its issuance is its Mayor, filed a complaint for eminent domain.
based on Presidential Decree No, 116, which Christina opposed this on the following
amended the Usury Law. grounds:
1. the Municipality of Santa has no power to
Eminent Domain; Non-observance of the expropriate;
policy of "all or none" (2000) 2. Resolution No. 1 has been voided since the
No VIII. Madlangbayan is the owner of a 500 Sangguniang Panlalawigan disapproved it
square meter lot which was the birthplace of the for being arbitrary; and
founder of a religious sect who admittedly 3. the Municipality of Santa has other and
played an important role in Philippine history better lots for that purpose.
and culture. The National Historical Resolve the case with reasons. (5%)
Commission (NHC) passed a resolution
declaring it a national landmark and on its SUGGESTED ANSWERS:
recommendation the lot was subjected to a) Under Section 19 of R.A. No. 7160, the
expropriation proceedings. This was opposed power of eminent domain is explicitly
by Madlangbayan on the following grounds: a) granted to the municipality, but must be
that the lot is not a vast tract; b) that those to be exercised through an ordinance rather than
benefited by the expropriation would only be the through a resolution. (Municipality
members of the religious sect of its founder, ofParanaque v. V.M. Realty Corp., G.R. No.
and c) that the NHC has not initiated the 127820, July 20, 1998)
expropriation of birthplaces of other more
deserving historical personalities. Resolve the b) The Sangguniang Panlalawigan of Ilocos
opposition raised by Madlangbayan. (5%) Sur was without the authority to disapprove
SUGGESTED ANSWER: Resolution No. 1 as the municipality clearly
The arguments of Madlangbayan are not has the power to exercise the right of
meritorious. According to Manosca v. Court of eminent domain and its Sangguniang
Appeals, 252 SCRA 412 (1996), the power of Bayan the capacity to promulgate said
eminent domain is not confined to expropriation resolution. The only ground upon which a
of vast tracts of the land. The expropriation of provincial board may declare any municipal
the lot to preserve it as the birthplace of the resolution, ordinance or order invalid is
founder of the religious sect because of his role when such resolution, ordinance or order is
in Philippine history and culture is for a public beyond the powers conferred upon the
purpose, because public use is no longer council or president making the same. Such
restricted to the traditional concept. The fact is not the situation in this case. (Moday v.
that the expropriation will benefit the members Court of Appeals, G.R. No. 107916,
of the religious sect is merely incidental. The February 20, 1997)
fact that other birthplaces have not been
expropriated is likewise not a valid basis for c) The question of whether there is genuine
opposing the expropriation. As held in J.M. necessity for the expropriation of Christina's
Tuason and Company, Inc. v. Land Tenure lot or whether the municipality has other
Administration, 31 SCRA 413 (1970), the and better lots for the purpose is a matter
expropriating authority is not required to adhere that will have to be resolved by the Court
to the policy of "all or none". upon presentation of evidence by the
parties to the case.
Eminent Domain; Power to Exercise (2005)
(10-2) The Sangguniang Bayan of the Eminent Domain; Public Use (1987)
Municipality of Santa, Ilocos Sur passed No. XVI: In January 1984, Pasay City filed
Resolution No. 1 authorizing its Mayor to initiate expropriation proceedings against several
a petition for the expropriation of a lot owned by landowners for the construction of an aqueduct
Christina as site for its municipal sports center. for flood control in a barangay. Clearly, only the
This was approved by the Mayor. However, the residents of that barangay would be benefited
Sangguniang Panlalawigan of Ilocos Sur by the project.
disapproved the Resolution as there might still As compensation, the city offered to pay only
the amount declared by the owners in their tax
declarations, which amount was lower than the expropriation is to use the land as a relocation
assessed value as determined by the assessor. site for 200 families squatting along the Pasig
The landowners oppose the expropriation on river.
the grounds that: a) Can the owner of the property oppose the
(a) the same is not for public use; and expropriation on the ground that only 200
(b) assuming it is for public use, the out of the more than 10,000 squatter
compensation must be based on the families in Pasig City will benefit from the
evidence presented in court and not, as expropriation? Explain.
provided in presidential decrees prescribing b) Can the Department of Agrarian Reform
payment of the value stated in the owner's require the City of Pasig to first secure
tax declarations or the value determined by authority from said Department before
the assessor, whichever is lower. converting the use of the land from
agricultural to housing? Explain.
If you were judge, how would you rule on the SUGGESTED ANSWER:
issue? Why? a) No, the owner of the property cannot oppose
SUGGESTED ANSWER: the expropriation on the ground that only 200
(a) The contention that the taking of private out of more than 10,000 squatter families in
property for the purpose of constructing an Pasig City will benefit from the expropriation. As
aqueduct for flood control is not for public use" held in Philippine Columbian Association vs.
is untenable- The idea that "PUBLIC USE" Pants, 228 SCRA 668, the acquisition of private
means exclusively use by the public has been property for socialized housing is for public use
discarded. As long as the purpose of the taking and the fact that only a few and not everyone
is public, the exercise of power of eminent will benefit from the expropriation does not
domain is justifiable. Whatever may be detract from the nature of the public use.
beneficially employed for the general welfare
satisfies the requirement of public use. (Heirs of b) No, the Department of Agrarian Reform
Juancho Ardona v. Reyes, 123 SCR A 220 (1983)) cannot require Pasig City to first secure
authority from it before converting the use of the
(b) But the contention that the Presidential land from agricultural to residential. According
Decrees providing that in determining just to Province of Camarines Sur vs. Court of
compensation the value stated by the owner in Appeals, 222 SCRA 173, there is no provision
his tax declaration or that determined by the in the Comprehensive Agrarian Reform Law
assessor, whichever is lower, in which subjects the expropriation of agricultural
unconstitutional is correct. In EPZA v. Dulay. lands by local government units to the control of
G.R. No. 59603, April 29, 1987, it was held that the Department of Agrarian Reform and to
this method prescribed for ascertaining just require approval from the Department of
compensation constitutes an impermissible Agrarian Reform will mean that it is not the local
encroachment on the prerogatives of courts. It government unit but the Department of Agrarian
tends to render courts inutile in a matter which, Reform who will determine whether or not the
under the Constitution, is reserved to them for expropriation is for a public use.
final determination. For although under the
decrees the courts still have the power to Eminent Domain; Writ of Possession (1993)
determine just compensation, their task is No, 5: In expropriation proceedings: Can the
reduced to simply determining the lower value judge validly withhold issuance of the writ of
of the property as declared either by the owner possession until full payment of the final value
or by the assessor. "JUST COMPENSATION" of the expropriated property?
means the value of the property at the time of SUGGESTED ANSWER:
the taking. Its determination requires that all No, the judge cannot validly withhold the
facts as to the condition of the property and its issuance of the writ of possession until full
surroundings and its improvements and payment of the final value of the expropriated
capabilities must be considered, and this can property. As held in National Power Corporation
only be done in a judicial proceeding. vs. Jocson, 206 SCRA 520. it is the rninisterial
duty of the Judge to issue the writ of
Eminent Domain; Socialized Housing (1996) possession upon deposit of the provisional
No. 4 - The City of Pasig initiated expropriation value of the expropriated property with the
proceedings on a one-hectare lot which is part National or Provincial Treasurer.
of a ten-hectare parcel of land devoted to the ALTERNATIVE ANSWER:
growing of vegetables. The purpose of the

(per Dondee) in Republic vs. Gingoyon, GR Marina feels very aggrieved over the denial and
no. 166429, Dec. 19, 2005, the SC held that RA has come to you for advice. She wants to know:
8974 now requires full payment before the (1) Whether the Board of Examiners had any
State may exercise proprietary rights in an plausible or legal basis for rejecting her
expropriation proceeding and making the application in 1986. Explain briefly.
previous ruling obiter dictum. (2) Whether the 1987 Constitution guarantees
her the right to admission to take the
Equal Protection; Alien Employment (1989) coming January 1988 marine officers
No 18: An ordinance of the City of Manila examinations. Explain and cite relevant
requires every alien desiring to obtain provisions.
employment of whatever kind, including casual SUGGESTED ANSWER:
and part-time employment, in the city to secure (a) The disqualification of females from the
an employment permit from the City Mayor and practice of marine profession constitutes as
to pay a work permit fee of P500. Is the invidious discrimination condemned by the
ordinance valid? Equal Protection Clause of that Constitution
SUGGESTED ANSWER: (Art. IV, Sec. 1) In the United States, under a
No, the ordinance is not valid. In Villegas vs. similar provision, while earlier decisions of the
Hiu Chiong Tsai Pao Ho, 86 SCRA 270, it was Supreme Court upheld the validity of a statute
held that such an ordinance violates equal prohibiting women from bartending unless she
protection. It failed to consider the valid was the wife or daughter of a male owner
substantial differences among the aliens (Goesart v. Cleary, 335 U.S. 464 (1948) and denying
required to pay the fee. The same among it to women the right to practice law (Bradwell v.
being collected from every employed alien, State, 83 U.S. (16 Wall) 130 (1873), recent decisions
whether he is casual or permanent, part-time or have invalidated statutes or regulations
full-time. The ordinance also violates due providing for differential treatment of females
process, because it does not contain any based on nothing stereotypical and inaccurate
standard to guide the mayor in the exercise of generalizations. The Court held that
the power granted to him by the ordinance. "classification based on sex, like classifications
Thus, it confers upon him unrestricted power to based upon race, alienage, or national origin,
allow or prevent an activity which is lawful per are inherently suspect, and must therefore be
se. subjected to strict judicial scrutiny." Accordingly,
the Court invalidated a statute permitting a male
Equal Protection; Invidious Discrimination serviceman to claim his spouse as a dependent
(1987) to obtain increased quarter allowance,
No. VI: Marina Neptunia, daughter of a sea regardless of whether the wife is actually
captain and sister to four marine officers dependent on him, while denying the same right
decided as a child to follow in her father's to a servicewoman unless her husband was in
footsteps. In her growing up years she was as fact dependent on her for over one half of his
much at home on board a boat as she was in support. (Frontierro v Richardson, 411 U.S. 687
the family home by the sea. In time she earned (1973); Accord Craig, v. Boren, 429 U.S. 190 (1976)
a Bachelor of Science degree in Marine (providing for sale of beer to males under 21
Transportation, major in Navigation and and to females under 18); Reed v. Reed. 404
Seamanship. She served her apprenticeship for U.S. 71 (1971) (preference given to men over
a year in a merchant marine vessel registered women for appointment as administrators of
for foreign trade and another year on a estates invalid).
merchant marine vessel registered for
coastwise trade. But to become a full-fledged (b) In addition to the Equal Protection Clause,
marine officer she had to pass the appropriate the 1987 Constitution now requires the State to
board examinations before she could get her "ensure the fundamental equality before the law
professional license and registration. She of women and men" (Art II, Sec. 14) and to
applied in January 1986 to take examination for provide them with "such facilities and
marine officers but her application was rejected opportunities that will enhance their welfare and
for the reason that the law Regulating the enable them to realize their full potential in the
Practice of Marine Profession in the Philippines service of the nation." (Art. XIII, Sec. 14). These
(Pres. Dec. No. 97 (1973) ) specifically provisions put in serious doubt the validity of
prescribes that "No person shall be qualified for PD 97 limiting the practice of marine profession
examination as marine officer unless he is: to males.

Equal Protection; Invidious Discrimination professions, the medical profession directly
(1987) affects the lives of the people.
No. 10: "X", a son of a rich family, applied for
enrolment with the San Carlos Seminary in Equal Protection; Right to Education (1994)
Mandaluyong, Metro Manila. Because he had No. 12; The Department of Education, Culture
been previously expelled from another and Sports Issued a circular disqualifying
seminary for scholastic deficiency, the Rector of anyone who fails for the fourth time in the
San Carlos Seminary denied the application National Entrance Tests from admission to a
without giving any grounds for the denial. After College of Dentistry. X who was thus
"X" was refused admission, the Rector admitted disqualified, questions the constitutionality of
another applicant, who is the son of a poor the circular.
farmer who was also academically deficient. 1) Did the circular deprive her of her
(a) Prepare a short argument citing rules, laws, constitutional right to education?
or constitutional provisions in support of "X's" 2) Did the circular violate the equal protection
motion for reconsideration of the denial of his clause of the Constitution?
application. SUGGESTED ANSWER:
SUGGESTED ANSWER: 1) No, because it is a permissive limitation to
The refusal of the seminary to admit "X" right to education, as it is intended to ensure
constitutes invidious discrimination, violative of that only those who are qualified to be dentists
the Equal Protection Clause (Art. III, Sec. 1) of are admitted for enrollment....
the Constitution. The fact, that the other
applicant is the son of a poor farmer does not 2) No, the circular did not violate the equal
make the discrimination any less invidious since protection clause of the Constitution. There is a
the other applicant is also academically substantial distinction between dentistry
deficient. The reverse discrimination practiced students and other students. The dental
by the seminary cannot be justified because profession directly affects the lives and health
unlike the race problem in America, poverty is of people. Other professions do not involve the
not a condition of inferiority needing redress. same delicate responsibility and need not be
similarly treated. This is in accordance with the
Equal Protection; Police Power (2000) ruling in Department of Education, Culture and
No IV. Undaunted by his three failures in the Sports vs. San Diego, 180 SCRA 533.
National Medical Admission Test (NMAT), Cruz
applied to take it again but he was refused Equal Protection; Subsidiary Imprisonment
because of an order of the Department of (1989)
Education, Culture and Sports (DECS) No. 4: "X" was sentenced to a penalty of 1 year
disallowing flunkers from taking the test a fourth and 5 months of prision correctional and to pay
time. Cruz filed suit assailing this rule raising a fine of P8,000.00, with subsidiary
the constitutional grounds of accessible quality imprisonment in case of solvency. After serving
education, academic freedom and equal his prison term, "X" asked the Director of
protection. The government opposes this, Prisons whether he could already be released.
upholding the constitutionality of the rule on the "X" was asked to pay the fine of P5,000.00 and
ground of exercise of police power. Decide the he said he could not afford it, being an indigent.
case discussing the grounds raised. (5%) The Director informed him he has to serve an
SUGGESTED ANSWER: additional prison term at the rate of one day per
As held in Department of Education, Culture eight pesos in accordance with Article 39 of the
and Sports v. San Diego,180 SCRA 533 (1989), Revised Penal Code, The lawyer of "X" filed a
the rule is a valid exercise of police power to petition for habeas corpus contending that the
ensure that those admitted to the medical further incarceration of his client for unpaid
profession are qualified. The arguments of Cruz fines violates the equal protection clause of the
are not meritorious. The right to quality Constitution. Decide.
education and academic freedom are not SUGGESTED ANSWER:
absolute. Under Section 5(3), Article XIV of the (1) The petition should be granted, because
Constitution, the right to choose a profession is Article 39 of the Revised Penal Code is
subject to fair, reasonable and equitable unconstitutional. In Tate vs. Short, 401 U.S.
admission and academic requirements. The 395, the United States Supreme Court held that
rule does not violate equal protection. There is imposition of subsidiary imprisonment upon a
a substantial distinction between medical convict who is too poor to pay a fine violates
students and other students. Unlike other equal protection, because economic status
cannot serve as a valid basis for distinguishing Communications. What would you do regarding
the duration of the imprisonment between a that ban on the sale of blocked time? Explain
convict who is able to pay the fine and a convict your answer.
who is unable to pay it. SUGGESTED ANSWER:
I would challenge its validity in court on the
(2) On the other hand, in United States ex rel. ground that it constitutes a prior restraint on
Privitera vs. Kross, 239 F Supp 118, it was held freedom of expression. Such a limitation is valid
that the imposition of subsidiary imprisonment only in exceptional cases, such as where the
for inability to pay a fine does not violate equal purpose is to prevent actual obstruction to
protection, because the punishment should be recruitment of service or the sailing dates of
tailored to fit the individual, and equal protection transports or the number and location of troops,
does not compel the eradication of every or for the purpose of enforcing the primary
disadvantage caused by indigence. The requirements of decency or the security of
decision was affirmed by the United States community life. (Near v. Minnesota, 283 U.S,
Circuit Court of Appeals in 345 F2d 533, and 697 (1931)). Attacks on the government, on the
the United States Supreme Court denied the other hand, cannot justify prior restraints. For as
petition for certiorari in 382 U.S. 911. This has been pointed out, "the interest of society
ruling was adopted by the Illinois Supreme and the maintenance of good government
Court in People vs. Williams, 31 ALR3d 920. demand a full discussion of public affairs.
Complete liberty to comment on the conduct of
Freedom of Expression; Censorship (2003) public men is a scalpel in the case of free
No IX - May the COMELEC (COMELEC) speech. The sharp incision of its probe relieves
prohibit the posting of decals and stickers on the abscesses of officialdom. Men in public life
"mobile" places, public or private, such as on a may suffer under a hostile and an unjust
private vehicle, and limit their location only to accusation; the wound can be assuaged with
the authorized posting areas that the the balm of a clear conscience," (United States
COMELEC itself fixes? Explain. v Bustos, 37 Phil. 741 (1918)).
SUGGESTED ANSWER:
According to Adiong v. COMELEC. 207 SCRA The parties adversely affected may also
712 [1992], the prohibition is unconstitutional. It disregard the regulation as being on its face
curtails the freedom of expression of individuals void. As has been held, "any system of prior
who wish to express their preference for a restraints of expression comes to the court
candidate by posting decals and stickers on bearing a heavy presumption against its
their cars and to convince others to agree with constitutional validity," and the government
them. It is also overbroad, because it "thus carries a heavy burden of showing
encompasses private property and constitutes justification for the imposition of such a
deprivation of property without due process of restraint." (New York Times Co. v. United
law. Ownership of property includes the right to States, 403 U.S. 713 (1971)).
use. The prohibition is censorship, which
cannot be justified. The usual presumption of validity that inheres in
legislation is reversed in the case of laws
Freedom of Expression; Prior Restraint imposing prior restraint on freedom of
(1988) expression.
No. 16: The Secretary of Transportation and
Communications has warned radio station Freedom of Religion; Convicted Prisoners
operators against selling blocked time, on the (1989)
claim that the time covered thereby are often No. 5: "X" is serving his prison sentence in
used by those buying them to attack the Muntinlupa. He belongs to a religious sect that
present administration. Assume that the prohibits the eating of meat. He asked the
department implements this warning and orders Director of Prisons that he be served with
owners and operators of radio stations not to meatless diet. The Director refused and "X"
sell blocked time to interested parties without sued the Director for damages for violating his
prior clearance from the Department of religious freedom. Decide.
Transportation and Communications. SUGGESTED ANSWER:
Yes, the Director of Prison is liable under Article
You are approached by an interested party 32 of the Civil Code for violating the religious
affected adversely by that order of the freedom of "X". According to the decision of the
Secretary of Transportation and United States Supreme Court in the case of
O'Lone vs. Estate of Shabazz, 107 S. Ct. 2400, of action. The right to act on one's religious
convicted prisoners retain their right to free belief is not absolute and is subject to police
exercise of religion. At the same time, lawful power for the protection of the general welfare.
incarceration brings about necessary limitations Hence the tapes may be required to be
of many privileges and rights justified by the reviewed prior to airing.
considerations underlying the penal system. In
considering the appropriate balance between In Iglesia ni Cristo vs. Court of Appeals, 259
these two factors, reasonableness should be SCRA 529, 544, the Supreme Court held:
the test. Accommodation to religious freedom "We thus reject petitioner's postulate that Its
can be made if it will not involve sacrificing the religious program is per se beyond review by
interests of security and it will have no impact the respondent Board. Its public broadcast
on the allocation of the resources of the on TV of its religious program brings it out of
penitentiary. In this case, providing "X" with a the bosom of internal belief. Television is a
meatless diet will not create a security problem medium that reaches even the eyes and ears
or unduly increase the cost of food being of children. The Court reiterates the rule that
served to the prisoners. In fact, in the case of O' the exercise of religions freedom can be
Lone vs. Estate of Shabazz, it was noted that regulated by the State when it will bring
the Moslem prisoners were being given a about the CLEAR AND PRESENT DANGER
different meal whenever pork would be served. of some substantive evil which the State is
ALTERNATIVE ANSWER: duty bound to prevent, i.e., serious detriment
The suit should be dismissed. The Free to the mere overriding Interest of public
Exercise Clause of the Constitution is health, public morals, or public welfare."
essentially a restraint on governmental
interference with the right of individuals to However, the Movie and Television Review and
worship as they please. It is not a mandate to Classification Board cannot ban the tapes on
the state to take positive, affirmative action to the ground that they attacked other religions. In
enable the individual to enjoy his freedom. It Iglesia ni Cristo vs. Court of Appeals,. 259
would have been different had the Director of SCRA 529, 547, the Supreme Court held:
Prisons prohibited meatless diets in the penal "Even a side glance at Section 3 of PD No.
institution. 1986 will reveal that it is not among the
grounds to justify an order prohibiting the
Freedom of Religion; Limitations (1998) broadcast of petitioner's television program."
No XV. - A religious organization has a weekly
television program. The program presents and Moreover, the broadcasts do not give rise to
propagates its religious, doctrines, and a clear and present danger of a substantive
compares their practices with those of other evil. In the case of Iglesia ni Cristo vs. Court
religions. of Appeals, 259 SCRA 529, 549:
As the Movie and Television Review and "Prior restraint on speech, including the
Classification Board (MTRCB) found as religious speech, cannot be justified by
offensive several episodes of the program hypothetical fears but only by the showing of
which attacked other religions, the MTRCB a substantive and imminent evil which has
required the organization to submit its tapes for taken the reality already on the ground."
review prior to airing.
Freedom of Religion; Flag Salute (1997)
The religious organization brought the case to No. 12: Section 28. Title VI, Chapter 9, of the
court on the ground that the action of the Administrative Code of 1987 requires all
MTRCB suppresses its freedom of speech and educational institutions to observe a simple and
interferes with its right to free exercise of dignified flag ceremony, including the playing or
religion. Decide. [5%] singing of the Philippine National Anthem,
SUGGESTED ANSWER: pursuant to rules to be promulgated by the
The religious organization cannot invoke Secretary of Education. Culture and Sports,
freedom of speech and freedom of religion as The refusal of a teacher, student or pupil to
grounds for refusing to submit the tapes to the attend or participate in the flag ceremony is a
Movie and Television Review and Classification ground for dismissal after due investigation.
Board for review prior to airing. When the The Secretary of Education Culture and Sports
religious organization started presenting its issued a memorandum implementing said
program over television, it went into the realm provision of law. As ordered, the flag ceremony
would be held on Mondays at 7:30 a.m. during discretionary funds. Recently, however, the
class days. A group of teachers, students and Sangguniang Panlalawigan passed a resolution
pupils requested the Secretary that they be appropriating P100,000 as a special
exempted from attending the flag ceremony on discretionary fund of the Governor to be spent
the ground that attendance thereto was against by him in leading a pilgrimage of his
their religious belief. The Secretary denied the provincemates to Mecca, Saudi Arabia, Islam's
request. The teachers, students and pupils holiest city.
concerned went to Court to have the
memorandum circular declared null and void. Philconsa, on constitutional grounds, has filed
Decide the case. suit to nullify the resolution of the Sangguniang
SUGGESTED ANSWER: Panlalawigan giving the special discretionary
The teachers and the students should be fund to the Governor for the stated purpose.
exempted from the flag ceremony. As held in How would you decide the case? Give your
Ebralinag vs. Division Superintendent of reasons.
Schools of Cebu, 251 SCRA 569. to compel SUGGESTED ANSWER:
them to participate in the flag ceremony will The resolution is unconstitutional First, it
violate their freedom of religion. Freedom of violates art. VI, sec. 29(2) of the Constitution
religion cannot be impaired except upon the which prohibits the appropriation of public
showing of a clear and present danger of a money or property, directly or indirectly, for the
substantive evil which the State has a right to use, benefit or support of any system of
prevent. The refusal of the teachers and the religion, and, second, it contravenes art. VI,
students to participate in the flag ceremony sec, 25(6) which limits the appropriation of
does not pose a clear and present danger. discretionary funds only for public purposes.
The use of discretionary funds for purely
Freedom of Religion; Flag Salute (2003) religious purpose is thus unconstitutional, and
No III - Children who are members of a religious the fact that the disbursement is made by
sect have been expelled from their respective resolution of a local legislative body and not by
public schools for refusing, on account of their Congress does not make it any less offensive to
religious beliefs, to take part in the flag the Constitution. Above all, the resolution
ceremony which includes playing by a band or constitutes a clear violation of the Non-
singing the national anthem, saluting the establishment Clause (art. III, sec. 5) of the
Philippine flag and reciting the patriotic pledge. Constitution.
The students and their parents assail the
expulsion on the ground that the school Freedom of Religion; Non-Establishment
authorities have acted in violation of their right Clause (1992)
to free public education, freedom of speech, No. 10: Recognizing the value of education in
and religious freedom and worship. Decide the making the Philippine labor market attractive to
case. foreign investment, the Department of
SUGGESTED ANSWER: Education, Culture and Sports offers subsidies
The students cannot be expelled from school. to accredited colleges and universities in order
As held in Ebralinag v. The Division to promote quality tertiary education. The DECS
Superintendent of Schools of Cebu. 219 SCRA grants a subsidy to a Catholic school which
256 [1993], to compel students to take part in requires its students to take at least 3 hours a
the flag ceremony when it is against their week of religious instruction.
religious beliefs will violate their religious a) Is the subsidy permissible? Explain,
freedom. Their expulsion also violates the duty b) Presuming that you answer in the negative,
of the State under Article XIV, Section 1 of the would it make a difference if the subsidy
Constitution to protect and promote the right of were given solely in the form of laboratory
all citizens to quality education and make such equipment in chemistry and physics?
education accessible to all. c) Presume, on the other hand, that the
subsidy is given in the form of scholarship
Freedom of Religion; Non-Establishment vouchers given directly to the student and
Clause (1988) which the student can use for paying tuition
No. 7: - Tawi-Tawi is a predominantly Moslem in any accredited school of his choice,
province. The Governor, the Vice-Governor, whether religious or non-sectarian. Will
and members of its Sang-guniang Panlalawigan your answer be different?
are all Moslems. Its budget provides the SUGGESTED ANSWER:
Governor with a certain amount as his
a) No, the subsidy is not permissible. It will Was the Commission on Audit correct in
foster religion, since the school gives religious disallowing the vouchers in question?
instructions to its students. Besides, it will SUGGESTED ANSWER:
violate the prohibition in Section 29[2J, Article Yes, the Commission on Audit was correct in
VI of the Constitution against the use of public disallowing the expenditures. Section 29(2),
funds to aid religion. In Lemon vs Kurtzman. Article VI of the Constitution prohibits the
403 U.S. 602, it was held that financial expenditure of public funds for the use, benefit,
assistance to a sectarian school violates the or support of any priest. The only exception is
prohibition against the establishment of religion when the priest is assigned to the armed forces,
if it fosters an excessive government or to any penal institution or government
entanglement with religion. Since the school orphanage or leprosarium. The sending of a
requires its students to take at least three hours priest to minister to the spiritual needs of
a week of religious instructions, to ensure that overseas contract workers does not fall within
the financial assistance will not be used for the scope of any of the exceptions.
religious purposes, the government will have to
conduct a continuing surveillance. This involves Freedom of Speech; Ban on Tobacco AD
excessive entanglement with religion. (1992)
No. 1: Congress passes a law prohibiting
b) If the assistance would be in the form of television stations from airing any commercial
laboratory equipment in chemistry and physics, advertisement which promotes tobacco or in
it will be valid. The purpose of the assistance is any way glamorizes the consumption of
secular, i.e., the improvement of the quality of tobacco products.
tertiary education. Any benefit to religion is
merely incidental. Since the equipment can This legislation was passed in response to
only be used for a secular purpose, it is findings by the Department of Health about the
religiously neutral. As held in Tilton vs. alarming rise in lung diseases in the country.
Richardson, 403 U.S. 672, it will not involve The World Health Organization has also
excessive government entanglement with reported that U.S. tobacco companies have-
religion, for the use of the equipment will not shifted marketing efforts to the Third World due
require surveillance. to dwindling sales in the health-conscious
American market.
c) In general, the giving of scholarship
vouchers to students is valid. Section Cowboy Levy's, a Jeans company, recently
2(3), Article XIV of the Constitution released an advertisement featuring model
requires the State to establish a system of Richard Burgos wearing Levy's jackets and
subsidies to deserving students in both public jeans and holding a pack of Marlboro
and private schools. However, the law is vague cigarettes.
and over-broad. Under it, a student who wants
to study for the priesthood can apply for the The Asian Broadcasting Network (ABN), a
subsidy and use it for his studies. This will privately owned television station, refuses to air
involve using public funds to aid religion. the advertisement in compliance with the law.
a) Assume that such refusal abridges the
Freedom of Religion; Non-Establishment freedom of speech. Does the constitutional
Clause (1997) prohibition against the abridgement of the
No. 4: Upon request of a group of overseas freedom of speech apply to acts done by
contract workers in Brunei, Rev. Father Juan de ABN, a private corporation? Explain.
la Cruz, a Roman Catholic priest, was sent to b) May Cowboy Levy's, a private corporation,
that country by the President of the Philippines invoke the free speech guarantee in its
to minister to their spiritual needs. The travel favor? Explain.
expenses, per diems, clothing allowance and c) Regardless of your answers above, decide
monthly stipend of P5,000 were ordered the constitutionality of the law in question.
charged against the President's discretionary SUGGESTED ANSWER:
fund. Upon post audit of the vouchers therefor, a) The constitutional prohibition against the
the Commission on Audit refused approval freedom of speech does not apply to ABN, a
thereof claiming that the expenditures were in private corporation. As stated in Hudgens vs.
violation of the Constitution. National Labor Relations Board, 424 U.S. 507,
the constitutional guarantee of freedom of
speech is a guarantee only against
abridgement by the government. It does not knowledge that it was false or with reckless
therefore apply against private parties. disregard of whether it was false or not (Borja v.
ALTERNATIVE ANSWER: Court of Appeals, 301 SCRA 1 /1999). Since
Since ABN has a franchise, it may be there is no proof that the report was published
considered an agent of the government by with knowledge that it is false or with reckless
complying with the law and refusing to air the disregard of whether it was false or not, the
advertisement, it aligned itself with the defendants are not liable for damage.
government. Thus it rendered itself liable for a
lawsuit which is based on abridgement of the SECOND ALTERNATIVE ANSWER:
freedom of speech. Under Article 32 of the Civil Since Senator XX is a public person and the
Code, even private parties may be liable for questioned imputation is directed against him in
damages for impairment of the freedom of his public capacity, in this case actual malice
speech. means the statement was made with
knowledge that it was false or with reckless
b) Cowboy Levy's may invoke the disregard of whether it was false or not (Borjal
constitutional guarantee of freedom of speech v. Court of Appeals, 301 SCRA 1 /1999]). Since
in its favor. In First National Bank of Boston vs. it is a matter of public knowledge that there is
Bellotti, 435 U.S. 765, it was ruled that this no YY Street in Makati, the publication was
guarantee extends to corporations. In Virginia made with reckless disregard of whether or not
State Board of Pharmacy vs. Virginia Citizens it is false. The defendants may be held liable for
Consumer Council Inc., 425 U.S. 748, it was held damages.
that this right extends to commercial
advertisements. In Ayer Productions Pty, Ltd. vs. Freedom of the Press; Wartime Censorship
Capulong, 160 SCRA 861, the Supreme Court held (1987)
that even if the production of a film is a No. XIV: In the morning of August 28, 1987,
commercial activity that is expected to yield during the height of -the fighting at Channel 4
profits, it is covered by the guarantee of and Camelot Hotel, the military closed Radio
freedom of speech. Station XX, which was excitedly reporting the
successes of the rebels and movements
c) The law is constitutional. It is a valid towards Manila and troops friendly to the
exercise of police power, .... rebels. The reports were correct and factual. On
October 6, 1987, after normalcy had returned
Freedom of the Press; Actual Malice (2004) and the Government had full control of the
(5-a) The STAR, a national daily newspaper, situation, the National Telecommunications
carried an exclusive report stating that Senator Commission, without notice and hearing, but
XX received a house and lot located at YY merely on the basis of the report of the military,
Street, Makati, in consideration for his vote cancelled the franchise of station XX.
cutting cigarette taxes by 50%. The Senator Discuss the legality of:
sued the STAR, its reporter, editor and (a) The action taken against the station on
publisher for libel, claiming the report was August 28, 1987;
completely false and malicious. According to (b) The cancellation of the franchise of the
the Senator, there is no YY Street in Makati, station on October 6, 1987.
and the tax cut was only 20%. He claimed one SUGGESTED ANSWER:
million pesos in damages. The defendants (a) The closing down of Radio Station XX
denied "actual malice," claiming privileged during the fighting is permissible. With respect
communication and absolute freedom of the news media, wartime censorship has been
press to report on public officials and matters of upheld on the ground that "when a nation is at
public concern. If there was any error, the war many things that might be said in time of
STAR said it would publish the correction peace are such a hindrance to its efforts that
promptly. Is there "actual malice" in STAR'S their utterance will not be endured so long as
reportage? How is "actual malice" defined? Are men fight and that no Court could regard them
the defendants liable for damages? (5%) as protected by any constitutional right." The
security of community life may be protected
FIRST ALTERNATIVE ANSWER: against incitements to acts of violence and the
Since Senator XX is a public person and the overthrow by force of orderly government.
questioned imputation is directed against him in (Near v. Minnesota, 283 U.S. 697 (1931),
his public capacity, in this case actual malice quoting Justice Holme's opinion in Schenck v.
means the statement was made with United States, 249 U.S. 47 (1919); New York
Times v. United States, 403 U.S. 713 (1971) ) does not entail enforcement of the stipulation
With greater reason then may censorship in not to marry and not to have a baby. It is limited
times of emergency be justified in the case of to a refund of a portion of the promotion
broadcast media since their freedom is expenses incurred by Solidaridad Films.
somewhat lesser in scope. The impact of the
vibrant speech, as Justice Gutierrez said, is Involuntary Servitude (1993)
forceful and immediate. Unlike readers of the No. 16; - Joy, an RTC stenographer, retired at
printed work, a radio audience has lesser the age of 65. She left unfinished the
opportunity to cogitate, analyze and reject the transcription of her notes in a criminal case
utterance. (Eastern Broadcasting Corp (DYRE) which was on appeal. The Court of Appeals
v, Dans, 137 SCRA 647 (1985) ). In FCC v. ordered Joy to transcribe her notes. She
Pacifica Foundation, 438 U.S. 726 (1978), it refused to comply with the order reasoning that
was held that "of all forms of communication, it she was no longer in the government service.
is broadcasting which has received the most The CA declared Joy in contempt of court and
limited First Amendment Protection." she was incarcerated. Joy filed a petition for
habeas corpus arguing that her incarceration is
Impairment Clause; Basic Human Rights tantamount to illegal detention and to require
(1992) her to work sans compensation would be
No. 2: Sheila, an actress, signed a two-year involuntary servitude. Decide.
contract with Solidaridad Films, The film SUGGESTED ANSWER:
company undertook to promote her career and Joy can be incarcerated for contempt of court
to feature her as the leading lady in at least four for refusing to transcribe her stenographic
movies. In turn, Sheila promised that, for the notes. As held In Adoracion v. Gatmaitan, 64
duration of the contract, she shall not get SCRA 132, her incarceration does not
married or have a baby; otherwise, she shall be constitute illegal detention. It is lawful, because
liable to refund to the film company a portion of it is the consequence of her disobedience of the
its promotion expenses. court order. Neither can she claim that to
a) Does this contract impair, or impinge upon, require her to work without compensation is
any constitutionally protected liberty of tantamount to involuntary servitude. Since
Sheila? Explain. courts have the Inherent power to Issue such
b) If Solidaridad Films tries to enforce this orders as are necessary for the administration
contract judicially, will this constitutionally of Justice, the Court of Appeals may order her
protected liberty prevail? Explain. to transcribe her stenographic notes even if she
SUGGESTED ANSWER: is no longer In the government service.
a) Yes, the contract impairs the right of Sheila
to marry and to procreate. The case of Loving Liberty of Abode; Limitations (1998)
vs. Virginia, 388 U.S. 1 and Zablocki vs. No VIII - Juan Casanova contracted Hansen's
Redhail 434 U.S. 374 recognized the right to disease (leprosy) with open lesions. A law
marry is a basic civil right. Likewise, the case requires that lepers be isolated upon petition of
of Skinner vs Oklahoma, 316 U.S. 535 the City Health Officer. The wife of Juan
recognized that the right to procreate is a basic Casanova wrote a letter to the City Health
civil right. These rights are part of the liberty Officer to have her formerly philandering
protected by the due process clause in Section husband confined in some isolated leprosarium.
1. Article 1 of the Constitution. Juan Casanova challenged the constitutionality
of the law as violating his liberty of abode. Will
b) Yes, the constitutionally protected liberty of the suit prosper? [5%]
Sheila will prevail, because it involves basic SUGGESTED ANSWER:
human rights. The waiver of these basic No, the suit will not prosper. Section 6, Article III
human rights is void. What Solidaridad Films of the Constitution provides:
is seeking to recover are promotion expenses. "The liberty of abode and of changing
These involve property rights. As held in the same within the limits prescribed by
Philippine Blooming Mills Employees law shall not be impaired except upon
Organization vs. Philippine Blooming Mills, Inc., lawful order of the court."
51 SCRA 189, civil rights are superior to
property rights. The liberty of abode is subject to the police
ALTERNATIVE ANSWER; power of the State. Requiring the segregation of
The waiver of the right to marry and the right to lepers is a valid exercise of police power. In
procreate is valid. Enforcement of the contract
Lorenzo us. Director of Health. 50 Phil 595, a valid exercise of police power. (See also
598, the Supreme Court held: People vs. Nitafan, 207 SCRA 730)
"Judicial notice will be taken of the fact that
leprosy is commonly believed to be an Police Power; Abatement of Nuisance (2004)
infectious disease tending to cause one (9-b) The City of San Rafael passed an
afflicted with it to be shunned and excluded ordinance authorizing the City Mayor, assisted
from society, and that compulsory by the police, to remove all advertising signs
segregation of lepers as a means of displayed or exposed to public view in the main
preventing the spread of the disease is city street, for being offensive to sight or
supported by high scientific authority." otherwise a nuisance. AM, whose advertising
agency owns and rents out many of the
Liberty of Abode; Temporary (1996) billboards ordered removed by the City Mayor,
No 2: The military commander-in charge of the claims that the City should pay for the
operation against rebel groups directed the destroyed billboards at their current market
inhabitants of the island which would be the value since the City has appropriated them for
target of attack by government forces to the public purpose of city beautification. The
evacuate the area and offered the residents Mayor refuses to pay, so AM is suing the City
temporary military hamlet. and the Mayor for damages arising from the
taking of his property without due process nor
Can the military commander force the residents just compensation. Will AM prosper? Reason
to transfer their places of abode without a court briefly. (5%)
order? Explain. FIRST ALTERNATIVE ANSWER:
SUGGESTED ANSWER: The suit of AM will not prosper. The removal of
No, the military commander cannot compel the the billboards is not an exercise of the power of
residents to transfer their places of abode eminent domain but of police power (Churchill
without a court order. Under Section 6, Article v. Rafferty, 32 Phil. 580 [19150- The abatement
III of the Constitution, a lawful order of the court of a nuisance in the exercise of police power
is required before the liberty of abode and of does not constitute taking of property and does
changing the same can be impaired. not entitle the owner of the property involved to
ALTERNATIVE ANSWER; compensation. (Association of Small
Yes, the military commander can compel the Landowners in the Philippines, Inc. v. Secretary
residents to transfer their places of abode of Agrarian Reform, 175 SCRA 343 [1989]).
without a court order. If there is no reasonable
time to get a court order and the change of SECOND ALTERNATIVE ANSWER:
abode is merely temporary, because of the The removal of the billboards for the purpose of
exigency, this exercise of police power may be beautification permanently deprived AM of the
justified. right to use his property and amounts to its
taking. Consequently, he should be paid just
Non-Imprisonment for Non-Payment of Debt compensation. (People v. Fajardo, 104 Phil. 443
(1993) 11958]).
No 12: Sec. 13 of PD 115 (Trust Receipts Law)
provides that when the entrustee in a trust Police Power; Ban on Tobacco AD (1992)
receipt agreement fails to deliver the proceeds No. 1: Congress passes a law prohibiting
of the sale or to return the goods if not sold to television stations from airing any commercial
the entrustee-bank, the entrustee is liable for advertisement which promotes tobacco or in
estafa under the RPC. Does this provision not any way glamorizes the consumption of
violate the constitutional right against tobacco products.
imprisonment for non-payment of a debt?
Explain. This legislation was passed in response to
SUGGESTED ANSWER: findings by the Department of Health about the
No, Section 13 of Presidential Decree No. 115 alarming rise in lung diseases in the country.
does not violate the constitutional right against The World Health Organization has also
imprisonment for non-payment of a debt. As reported that U.S. tobacco companies have-
held in Lee vs. Rodil, 175 SCRA 100, the shifted marketing efforts to the Third World due
criminal liability arises from the violation of the to dwindling sales in the health-conscious
trust receipt, which is separate and distinct from American market,
the loan secured by it. Penalizing such an act is

Cowboy Levy's, a Jeans company, recently of the ordinance is a valid exercise of police
released an advertisement featuring model power. It is hazardous to health and comfort to
Richard Burgos wearing Levy's jackets and use the lot for residential purposes, since a
jeans and holding a pack of Marlboro highway crosses the subdivision and the area
cigarettes. has become commercial.
The Asian Broadcasting Network (ABN), a Police Power; Zoning Ordinance vs. Non-
privately owned television station, refuses to air Impairment of Contracts (2001)
the advertisement in compliance with the law. No XVIII In the deeds of sale to, and in the land
Decide the constitutionality of the law in titles of homeowners of a residential subdivision
question. in Pasig City, there are restrictions annotated
SUGGESTED ANSWER: therein to the effect that only residential houses
The law is constitutional. It is a valid exercise or structures may be built or constructed on the
of police power, because smoking is harmful to lots. However, the City Council of Pasig
health. In Posadas de Puerto Rico Associates enacted an ordinance amending the existing
vs. Tourism Company of Puerto Rico, 478 U.S. zoning ordinance by changing the zone
328, it was ruled that a law prohibiting certain classification in that place from purely
types of advertisements is valid if it was residential to commercial.
adopted in the interest of the health, safety,
and welfare of the people. In Capital "A", a lot owner, sold his lot to a banking firm
Broadcasting Company us. Mitchell 333 F Supp and the latter started constructing a commercial
582, a law making it unlawful to advertise building on the lot to house a bank inside the
cigarettes on any medium of electronic subdivision. The subdivision owner and the
communication was upheld. The United homeowners' association filed a case in court to
States Supreme Court summarily sustained stop the construction of the building for banking
this ruling in Capita! Broadcasting Company us, business purposes and to respect the
Acting Attorney General 405 U.S. 1000. The restrictions embodied in the deed of sale by the
law in question was enacted on the basis of the subdivision developer to the lot owners, as well
legislative finding that there is a need to protect as the annotation in the titles.
public health, because smoking causes lung
diseases. Cowboy Levy's has not overthrown If you were the Judge, how would you resolve
this finding. the case? (5%)
SUGGESTED ANSWER:
Police Power; Zoning Ordinance vs. Non- If I were the judge, I would dismiss the case. As
Impairment of Contracts (1989) held in Ortigas and Company Limited
No. 12: Pedro bought a parcel of land from Partnership vs. FEATI Bank and Trust
Smart Corporation, a realty firm engaged in Company. 94 SCRA 633 (1979), the zoning
developing and selling lots to the public. One of ordinance is a valid exercise of police power
the restrictions in the deed of sale which was and prevails over the contractual stipulation
annotated in the title is that the lot shall be used restricting the use of the lot to residential
by the buyer exclusively for residential purposes.
purposes. A main highway having been
constructed across the subdivision, the area Privacy of Communication (2001)
became commercial in nature. The municipality No XII - "A" has a telephone line with an
later passed a zoning ordinance declaring the extension. One day, "A" was talking to "B" over
area as a commercial bank building on his lot. the telephone. "A" conspired with his friend "C",
Smart Corporation went to court to stop the who was at the end of the extension line
construction as violative of the building listening to "A's" telephone conversation with
restrictions imposed by it. The corporation "B" in order to overhear and tape-record the
contends that the zoning ordinance cannot conversation wherein "B" confidentially
nullify the contractual obligation assumed by admitted that with evident premeditation, he (B)
the buyer. Decide the case. killed "D" for having cheated him in their
SUGGESTED ANSWER: business partnership. "B" was not aware that
The case must be dismissed. As held in Ortigas the telephone conversation was being tape-
and Company, Limited Partnership vs. FEATIi recorded.
Bank and Trust Company, 94 SCRA 533, such
a restriction in the contract cannot prevail over
the zoning ordinance, because the enactment
In the criminal case against "B" for murder, is moved for its return on the ground that it
the tape-recorded conversation containing his violates the right of "X" against unlawful search
admission admissible in evidence? Why? (5%) and seizure. Decide.
The tape-recorded conversation is not The objection of the lawyer must be sustained,
admissible in evidence. As held in Salcedo- Section 3(1), Article IV of the 1987 Constitution
Ortanez vs. Court of Appeals, 235 SCRA 111 provides:
(1994). Republic Act No. 4200 makes the tape- "The privacy of communication and
recording of a telephone conversation done correspondence shall be inviolable except
without the authorization of all the parties to the upon lawful order of the court, or when public
conversation, inadmissible in evidence. In safety or order requires otherwise as
addition, the taping of the conversation violated prescribed by law."
the guarantee of privacy of communications
enunciated in Section 3, Article III of the There was no court order which authorized the
Constitution. warden to read the letter of "X". Neither is there
any law specifically authorizing the Bureau of
Privacy of Correspondence (1998) Prisons to read the letter of "X", Under Section
No VII. - The police had suspicions that Juan 3(1), Article III of the 1987 Constitution, to
Samson, member of the subversive New interfere with any correspondence when there
Proletarian Army, was using the mail for is no court order, there must be a law
propaganda purposes in gaining new adherents authorizing it in the interest of public safety or
to its cause. The Chief of Police of Bantolan, order.
Lanao del Sur ordered the Postmaster of the
town to intercept and open all mail addressed to The ruling of the United States Supreme Court
and coming from Juan Samson in the interest of in the case of Stroud vs. United States, 251
the national security. Was the order of the Chief U.S. 15 is not applicable here, because Section
of Police valid? (5%) 3(1), Article III of the 1987 Constitution has no
SUGGESTED ANSWER: counterpart in the American Constitution.
No, the order of the Chief of Police is not valid, Hence, in accordance with Section 3(2), Article
because there is no law which authorizes him to III of the 1987 Constitution, the letter is
order the Postmaster to open the letters inadmissible in evidence.
addressed to and coming from Juan Samson.
An official in the Executive Department cannot ALTERNATIVE ANSWER:
interfere with the privacy of correspondence The objection of the lawyer must be overruled.
and communication in the absence of a law In Hudson vs. Palmer, 468 U.S. 517, it was held
authorizing him to do so or a lawful order of the that the constitutional prohibition against illegal
court. Section 3(1), Article III of the Constitution searches and seizures does not extend to the
provides: confines of the prison. In Stroud vs. United
"The privacy of communication and States, 251 U.S. 15, the United States Supreme
correspondence shall be inviolable Court held that letters voluntarily written by a
except upon lawful order of the court, or prisoner and examined by the warden which
when public safety or order requires contained incriminatory statements were
otherwise as prescribed by law." admissible in evidence. Their inspection by the
prison authorities did not violate the
Privacy of Correspondence; Jail (1989) constitutional prohibition against illegal
No. 8: While serving sentence in Muntinlupa for searches and seizures. This is an established
the crime of theft, "X" stabbed dead one of his practice reasonably designed to promote
guards, "X" was charged with murder. During discipline within the penitentiary.
his trial, the prosecution introduced as evidence
a letter written in prison by "X" to his wife Right to Assembly; Permit Application;
tending to establish that the crime of murder Freedom Parks (Q2-2006)
was the result of premeditation. The letter was The Samahan ng mga Mahihirap (SM) filed with
written voluntarily. In the course of inspection, it the Office of the City Mayor of Manila an
was opened and read by a warden pursuant to application for permit to hold a rally on Mendiola
the rules of discipline of the Bureau of Prisons Street on September 5, 2006 from 10:00 a.m. to
and considering its contents, the letter was 3:00 p.m. to protest the political killings of
turned over to the prosecutor. The lawyer of "X" journalists. However, the City Mayor denied
objected to the presentation of the letter and their application on the ground that a rally at the

time and place applied for will block the traffic in SUGGESTED ANSWER:
the San Miguel and Quiapo Districts. He The arrests are unlawful. What is prohibited and
suggested the Liwasang Bonifacio, which has penalized under Sec. 13 (a) and 14 (a) of B.P.
been designated a Freedom Park, as venue for Big 880 is "the holding of any public assembly
the rally. as defined in this Act by any leader or organizer
without having first secured that written permit
1. Does the SM have a remedy to contest where a permit is required from the office
the denial of its application for a permit? concerned x x x Provided, however, that no
(2.5%) person can be punished or held criminally liable
SUGGESTED ANSWER: for participating in or attending an otherwise
Yes, SM has a remedy. Under B.P. Big. 880 peaceful assembly."
(The Public Assembly Act of 1985), in the event
of denial of the application for a permit, the Thus, only the leader or organizer of the rally
applicant may contest the decision in an without a permit may be arrested without a
appropriate court of law. The court must decide warrant while the members may not be
within twenty-four (24) hours from the date of arrested, as they can not be punished or held
filing of the case. Said decision may be criminally liable for attending the rally. However,
appealed to the appropriate court within forty- under Section 12 thereof, when the public
eight (48) hours after receipt of the same. In all assembly is held without a permit where a
cases, any decision may be appealed to the permit is required, the said public assembly
Supreme Court (Bayan Muna v. Ermita, G.R. may be peacefully dispersed.
No. 169838, April 25, 2006).
Right to Assembly; Permit Requirements
2. Does the availability of a Freedom Park (1992)
justify the denial of SM's application for a No. 4: Olympia Academy, a private university,
permit? (2.5%) issued a student regulation for maintaining
SUGGESTED ANSWER: order in the school campus and to ensure that
No, the availability of a freedom park does not academic activities shall be conducted
justify the denial of the permit. It does imply that effectively.
no permits are required for activities in freedom
parks. Under B.P. Big. 880, the denial may be Henceforth, every student organization
justified only if there is clear and convincing intending to hold any symposium, convocation,
evidence that the public assembly will create a rally or any assembly within school property
clear and present danger to public order, public and involving at least 20 people must file, for
safety, public convenience, public morals or the prior approval of the Dean of Students, an
public health (Bayan Muna v. Ermita, G.R. No. Application setting forth the time, place,
169838, April 25, 2006). expected size of the group, and the subject-
matter and purpose of the assembly.
3. Is the requirement to apply for a permit to
hold a rally a prior restraint on freedom of The League of Nationalist Students questions
speech and assembly? (2.5%) the validity of the new regulation. Resolve.
No, the requirement for a permit to hold a rally The regulation is valid. As held In Rarnento us.
is not a prior restraint on freedom of speech Mal-abanan, 129 SCRA 359, if an assembly will
and assembly. The Supreme Court has held be held by students in school premises, permit
that the permit requirement is valid, referring to must be sought from the school authorities, who
it as regulation of the time, place, and manner are devoid of the power to deny such request
of holding public assemblies, but not the arbitrarily or unreasonably. In granting such
content of the speech itself. Thus, there is no permit, there may be conditions as to the time
prior restraint, since the content of the speech and place of the assembly to avoid disruption of
is not relevant to the regulation (Bayan Muna v. classes or stoppage of work of the non-
Ermita, G.R. No. 169838, April 25, 2006). academic personnel.
4. Assuming that despite the denial of SM's Right to Assembly; Public Teachers (2000)
application for a permit, its members hold No XII - Public school teachers staged for days
a rally, prompting the police to arrest mass actions at the Department of Education,
them. Are the arrests without judicial Culture and Sports to press for the immediate
warrants lawful? (2.5%) grant of their demand for additional pay. The
DECS Secretary issued to them a notice of the (a) Their strike was an exercise of their
illegality of their unauthorized action, ordered constitutional right to peaceful assembly and to
them to immediately return to work, and warned petition the government for redress of
them of imposable sanctions. They ignored this grievances.
and continued with their mass action. The SUGGESTED ANSWER:
DECS Secretary issued orders for their (a) According to De la Cruz v. Court of
preventive suspension without pay and charged Appeals, 305 SCRA 303 (1999), the argument
the teachers with gross misconduct and gross of the teachers that they were merely exercising
neglect of duty for unauthorized abandonment their constitutional right to peaceful assembly
of teaching posts and absences without leave. and to petition the government for redress of
a) Are employees in the public sector allowed grievance cannot be sustained, because such
to form unions? To strike? Why? (3%) rights must be exercised within reasonable
b) The teachers claim that their right to limits. When such rights were exercised on
peaceably assemble and petition the regular school days instead of during the free
government for redress of grievances has time of the teachers, the teachers committed
been curtailed. Are they correct? Why? acts prejudicial to the best interests of the
(2%) service.
SUGGESTED ANSWER:
a) Section 8, Article III of the Constitution allows Right to Travel; Order of Arrest (1991)
employees in the public sector to form unions. No. 6: Mr. Esteban Krony, a Filipino citizen, is
However, they cannot go on strike. As arrested for the crime of smuggling. He posts
explained in Social Security System Employees bail for his release. Subsequently, he jumps bail
Association v. Court of Appeals. 175 SCRA 686 and is about to leave the country when the
[1989], the terms and conditions of their Department of Foreign Affairs (DFA) cancels
employment are fixed by law. Employees in his passport. He sues the DFA, claiming
the public sector cannot strike to secure violation of his freedom to travel, citing the new
concessions from their employer. provision in the Bill of Rights of the 1987
Constitution, to wit: "Neither shall the right to
b. The teachers cannot claim that their right to travel be impaired except in the interest of
peaceably assemble and petition for the national security, public safety, or public health,
redress of grievances has been curtailed. as may be provided by law. Decide the case.
According to Bangalisan v. Court of Appeals. SUGGESTED ANSWER:
276 SCRA 619 (1997), they can exercise this The case should be dismissed. Any person
right without stoppage of classes. under an order of arrest is under restraint and
therefore he can not claim the right to travel. If
Right to Assembly; Public Teachers (2002) he is admitted to bail his freedom of movement
No X - Ten public school teachers of Caloocan is confined within the country. Therefore, if he
City left their classrooms to join a strike, which subsequently jumps bail, he cannot demand
lasted for one month, to ask for teachers' passport which in effect will facilitate his escape
benefits. from the country; he is in fact liable to be
arrested anytime. Indeed, the right to travel
The Department of Education, Culture and under the Constitution presupposes that the
Sports charged them administratively, for which individual is under no restraint such as that
reason they were required to answer and which would follow from the fact that one has a
formally investigated by a committee composed pending criminal case and has been placed
of the Division Superintendent of Schools as under arrest.
Chairman, the Division Supervisor as member
and a teacher, as another member. On the Rights of the Accused; Counsel of his
basis of the evidence adduced at the formal Choice (Q8-2005)
investigation which amply established their (1) Mariano was arrested by the NBI as a
guilt, the Director rendered a decision meting suspect in the shopping mall bombings.
out to them the penalty of removal from office. Advised of his rights, Mariano asked for the
The decision was affirmed by the DECS assistance of his relative, Atty. Santos. The
Secretary and the Civil Service Commission. NBI noticed that Atty. Santos was
On appeal, they reiterated the arguments they inexperienced, incompetent and inattentive.
raised before the administrative bodies, namely: Deeming him unsuited to protect the rights
of Mariano, the NBI dismissed Atty. Santos.
Appointed in his place was Atty. Barroso, a
bar topnotcher who was in the premises once the prosecution shows there was
visiting a relative. Atty. Barroso ably compliance with the constitutional requirement
assisted Mariano when the latter gave a on pre-interrogation advisories, a confession is
statement. However, Mariano assailed the presumed to be voluntary and the declarant
investigation claiming that he was deprived bears the burden of proving that his confession
of counsel of his choice. is involuntary and untrue. A confession is
admissible until the accused successfully
Was the NBI correct in dismissing Atty. proves that it was given as a result of violence,
Santos and appointing Atty. Barroso in his intimidation, threat or promise of reward or
stead? Is Mariano's statement, made with leniency which are not present in this case.
the assistance of Atty. Barroso, admissible Accordingly, the statement is admissible.
in evidence? (5%) (People v. Jerez, G.R. No. 114385, January 29, 1998)
ALTERNATIVE ANSWER: Rights of the Accused; Presumption of

The NBI was not correct in dismissing Atty. Innocence vs. Presumption of Theft (2004)
Santos and appointing Atty. Barroso in his (5-b) OZ lost five head of cattle which he
stead. Article III, Section 12(1) of the 1987 reported to the police as stolen from his barn.
Constitution requires that a person under He requested several neighbors, including RR,
investigation for the commission of an offense for help in looking for the missing animals. After
shall have no less than "competent and an extensive search, the police found two head
independent counsel preferably of his own in RR's farm. RR could not explain to the police
choice " This is meant to stress the primacy how they got hidden in a remote area of his
accorded to the voluntariness of the choice farm. Insisting on his innocence, RR consulted
under the uniquely stressful conditions of a a lawyer who told him he has a right to be
custodial investigation' Thus, the lawyer called presumed innocent under the Bill of Rights. But
to be present during such investigation should there is another presumption of theft arising
be as far as reasonably possible, the choice of from his unexplained possession of stolen
the individual undergoing questioning. The cattle— under the penal law.
appointment of Atty. Barroso is questionable Are the two presumptions capable of
because he was visiting a relative working in reconciliation In this case? If so, how can they
the NBI and thus his independence is doubtful. be reconciled? If not, which should prevail?
Lawyers engaged by the police, whatever (5%)
testimonials are given as proof of their probity SUGGESTED ANSWER:
and supposed independence, are generally The two presumptions can be reconciled. The
suspect, as in many areas, the relationship presumption of innocence stands until the
between lawyers and law enforcement contrary is proved. It may be overcome by a
authorities can be symbiotic. Considering that contrary presumption founded upon human
Mariano was deprived of counsel of his own experience. The presumption that RR is the one
choice, the statement is inadmissible in who stole the cattle of OZ is logical, since he
evidence. (People v. Januario, G.R. No. 98252, was found in possession of the stolen cattle.
February 7, 1997) RR can prove his innocence by presenting
evidence to rebut the presumption. The burden
ALTERNATIVE ANSWER: of evidence is shifted to RR, because how he
The NBI was correct in dismissing Atty. Santos came into possession of the cattle is peculiarly
as he was incompetent. The 1987 Constitution within his knowledge. (Dizon-Pamintuan v.
requires counsel to be competent and People, 234 SCRA 63 (1994)).
independent. Atty. Barroso, being a bar
topnotcher ably assisted Mariano and there is Rights of the Accused; Right to Bail (1993)
no showing that his having a relative in the NBI No. 9: Johann learned that the police were
affected his independence. Moreover, the looking for him in connection with the rape of an
accused has the final choice of counsel as he 18-year old girl, a neighbor. He went to the
may reject the one chosen for him and ask for police station a week later and presented
another. A lawyer provided by the investigators himself to the desk sergeant. Coincidentally. the
is deemed engaged by the accused where he rape victim was in the premises executing an
raises no objection against the lawyer during extrajudicial statement. Johann, along with six
the course of the investigation, and the accused (6) other suspects, were placed in a police line-
thereafter subscribes to the truth of his up and the girl pointed to him as the rapist.
statement before the swearing officer. Thus, Johann was arrested and locked up in a cell.

Johann was charged with rape in court but prior No. 15: May an alien invoke the constitutional
to arraignment invoked his right to preliminary right to bail during the pendency of deportation
investigation. This was denied by the judge, proceedings?
and thus, trial proceeded. After the prosecution SUGGESTED ANSWER:
presented several witnesses, Johann through No. an alien may not invoke the constitutional
counsel, invoked the right to ball and filed a right to bail during the pendency of deportation
motion therefor, which was denied outright by proceedings. In Harvey vs Santiago, 162 SCRA
the Judge. Johann now files a petition for 840, it was held that the constitutional
certiorari before the Court of Appeals arguing guarantee to bail may not be invoked in
that: deportation proceedings, because they do not
3) He is entitled to bail as a matter of right, partake of the nature of a criminal action.
thus the Judge should not have denied his
motion to fix ball outright. Decide. Rights of the Accused; Right to Bail; Matter
SUGGESTED ANSWER: of Right or a Matter of Discretion (Q7-2005)
3) In accordance with Art. III. sec. 13 of the a) State with reason(s) whether bail is a matter
Constitution, Johann may be denied bail if the of right or a matter of discretion in the
evidence of his guilt is strong considering that following cases: (4%)
the crime with which he is charged is a) The imposable penalty for the crime
punishable by reclusion perpetua. It is thus not charged is reclusion perpetua and the
a matter of right for him to be released on bail in accused is a minor;
such case. The court must first make a
determination of the strength of the evidence on SUGGESTED ANSWER:
the basis of evidence already presented by the If the accused is a minor where the imposable
prosecution, unless it desires to present some penalty for the crime charged is reclusion
more, and give the accused the opportunity to perpetua, bail would be a matter of right. Under
present countervailing evidence. If having done Article 68 of the Revised Penal Code, when the
this the court finds the evidence not to be offender is a minor under eighteen years of
strong, then it becomes the right of Johann to age, he is entitled to a penalty, depending on
be admitted to bail. The error of the trial court his age, lower by one or two degrees than that
lies in outrightly denying the motion for bail of prescribed by law for the crime committed. The
Johann. Constitution withholds the guaranty of bail from
one who is accused of a capital offense where
Rights of the Accused; Right to Bail; Capital the evidence of guilt is strong. The obvious
Offense (Q4-2006) reason is that one who faces a probable death
State whether or not the law is constitutional. sentence has a particularly strong temptation to
Explain briefly. flee. This reason does not hold where the
2. A law denying persons charged with accused has been established without objection
crimes punishable by reclusion perpetua to be a minor who by law cannot be sentenced
or death the right to bail. (2%) to death. (Bravo v. Borja, G.R. No. L-65228,
SUGGESTED ANSWER: February 18, 1985)
The law is invalid as it contravenes
Section 13, Article III of the 1987 b) The imposable penalty for the crime
Constitution which provides that "all charged is life imprisonment and the
persons, except those charged with accused is a minor;
offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall, ALTERNATIVE ANSWER:
before conviction, be bailable by sufficient If the accused is a minor and the imposable
sureties, or be released on recognizance penalty for the crime charged is life
as may be provided by law." The accused imprisonment, bail would not be a matter of
may not be deprived of his constitutional right. In the instant case, assuming that
right to bail even if charged with a capital evidence of guilt strong, bail shall be denied as
offense where the evidence of guilt is not the privileged mitigating circumstance of
strong. minority is not available for violation of special
laws penalized by life imprisonment.
Rights of the Accused; Right to Bail;
Deportation Case (1989) ALTERNATIVE ANSWER:
Although the Constitution mentions only
reclusion perpetua, Rule 114 of the Rules of
Court adds life imprisonment, and therefore, private complainant, the judge properly
applying the PRO REO DOCTRINE, bail would dismissed the case for failure to prosecute.
still be a matter of right, since it is favorable to
the accused. Rights of the Accused; Self-Incrimination
(1988)
c) The accused has been convicted of No. 3: Dr. Juan Sto. Tomas is a practicing
homicide on a charge of murder and dentist in Marikina, Metro Manila. He was
sentenced to suffer an indeterminate charged with immorality before the Board of
penalty of from eight (8) years and one (1) Dentistry by a lady patient, who claims that Dr.
day of prision mayor, as minimum, to twelve Sto. Tomas took liberties with her person and
(12) years and four (4) months of reclusion kissed her while she was under the treatment at
temporal, as maximum. the latter's clinic.
SUGGESTED ANSWER: At the initial hearing of the administrative

If the accused has been convicted of homicide complaint, the complainant's counsel called the
on a charge of murder and sentenced to suffer respondent as his first witness. The respondent
imprisonment of from 8 to 12 years, bail is a through counsel, objected vigorously, claiming
matter of discretion. Under Rule 114, Sec. 5, his constitutional right to be exempt from being
par. 1 of the Rules of Court, if the decision of a witness against himself. The Board noted the
the trial court convicting the accused changed objection, but ruled that in the next scheduled
the nature of the offense from non-bailable to hearing, a month and a half later, the
bailable, the application for bail may be filed respondent would be called to testify as a
and acted upon by the appellate court. witness, as the right he claims is not available
Admission to bail is discretionary. in administrative investigations, but only in
criminal prosecutions.
Rights of the Accused; Right to Speedy Trial
(2000) Dr. Sto. Tomas is decided not to testify. As his
No XV. Charged by Francisco with libel, Pablo lawyer, what would you do? Why?
was arraigned on January 3, 2000, Pre-trial was SUGGESTED ANSWER:
dispensed with and continuous trial was set for I will file a petition for prohibition with prayer for
March 7, 8 and 9, 2000. On the first setting, the preliminary injunction with the Regional Trial
prosecution moved for its postponement and Court. The privilege against self incrimination is
cancellation of the other settings because its available not only in judicial proceedings but
principal and probably only witness, the private also in administrative investigations. In Pascual
complainant Francisco, suddenly had to go v. Board of Medical Examiners, 28 SCRA 344
abroad to fulfill a professional commitment. The (1969), it was held that the revocation of a
judge instead dismissed the case for failure to license as a medical practitioner can be an
prosecute. even greater deprivation than mere forfeiture of
a) Would the grant of the motion for property. In some aspects it is similar to
postponement have violated the accused's right criminal proceedings and, therefore, the
to speedy trial? (2%) respondent can not be made to testify as a
SUGGESTED ANSWER: witness for the complainant.
The grant of the motion for postponement
would not have violated the right of the accused Rights of the Accused; Self-Incrimination
to speedy trial. As held In People v. Leviste, (1990)
255 SCRA 238 (1996). since the motion for No. 4: The privilege of self-incrimination must
postponement was the first one requested, the be timely invoked, otherwise it is deemed
need for the offended party to attend to a waived.
professional commitment is a valid reason, no 1. In a CIVIL CASE, the plaintiff called the
substantial right of the accused would be defendant a hostile witness and
prejudiced, and the prosecution should be announced that the defendant would be
afforded a fair opportunity to prosecute its case, asked incriminating questions in the direct
the motion should be granted. examination. When should the defendant
ALTERNATIVE ANSWER: invoke the privilege against self-
Since continuous trial of cases is required and incrimination?
since the date of the initial hearing was set 2. In a CRIMINAL CASE, the prosecution
upon agreement of all parties, including the called the accused to the witness stand as
the first witness in view of certain facts
admitted by the accused at the pre-trial. Cite two [2] possible constitutional objections to
When should the accused invoke the this law. Resolve the objections and explain
privilege against self-incrimination? whether any such infirmities can be cured.
3. In an administrative case for malpractice SUGGESTED ANSWER:
and the cancellation of license to practice Possible objections to the law are that requiring
medicine filed against C, the complainant a driver to take the breathalyzer test will violate
called C to the witness stand. When his right against self-incrimination, that
should C invoke the privilege against self- providing for the suspension of his driver's
incrimination? license without any hearing violates due
Explain your answers to the three questions. process, and that the proposed law will violate
SUGGESTED ANSWER: the right against unreasonable searches and
(1) As held in Bagadiong v, De Guzman, 94 seizures, because it allows police authorities to
SCRA 906, the defendant should take the require a drive to take the breathalyzer test
witness stand and object when a question even if there is no probable cause.
calling for an incriminating question is
propounded. Unlike in proceedings which are Requiring a driver to take a BREATHALYZER
criminal in character in which the accused can TEST does not violate his right against self-
refuse to testify, the defendant must wait until a incrimination, because he is not being
question calling for an incriminatory answer is compelled to give testimonial evidence. He is
actually asked. (Suarez v. Tongco, 2 SCRA 71) merely being asked to submit to a physical test.
This is not covered by the constitutional
(2) As held in Chavez v. Court of Appeals, 24 guarantee against self-incrimination. Thus, in
SCRA 663, in a criminal case the accused may South Dakota vs. Neville, 459 U.S. 553, it was
altogether refuse to take the witness and refuse held for this reason that requiring a driver to
to answer any question, because the purpose take a blood-alcohol test is valid.
of calling him as a witness for the prosecution
has no other purpose but to incriminate him. As held in Mackey vs. Afontrya 443 U.S. 1,
because of compelling government interest in
(3) As in a criminal case, C can refuse to take safety along the streets, the license of a driver
the witness stand and refuse to answer any who refuses to take the breathalyzer test may
question. In Pascual v. Board of Medical be suspended immediately pending a post-
Examiners, 28 SCRA 344, it was held that an suspension hearing, but there must be a
administrative case for malpractice and provision for a post-suspension hearing. Thus,
cancellation of the license to practice medicine to save the proposed law from
is penal in character, because an unfavorable unconstitutionally on the ground of denial of due
decision would result in the revocation of the process, it should provide for an immediate
license of the respondent to practice medicine. hearing upon suspension of the driver's license.
Consequently, he can refuse to take the The proposed law violates the right against
witness stand. unreasonable searches and seizures. It will
authorize police authorities to stop any driver
Rights of the Accused; Self-Incrimination and ask him to take the breathalyzer test even
(1992) in the absence of a probable cause.
No, 3; Congress is considering a law against
drunken driving. Under the legislation, police Rights of the Accused; Self-Incrimination
authorities may ask any driver to take a (2000)
"breathalyzer test", wherein the driver exhales No XI. b) A man was shot and killed and his
several times into a device which can determine killer fled. Moments after the shooting, an
whether he has been driving under the eyewitness described to the police that the
influence of alcohol. The results of the test can slayer wore white pants, a shirt with floral
be used, in any legal proceeding against him. design, had boots and was about 70 kilos and
Furthermore, declaring that the issuance of a 1.65 meters. Borja, who fit the description
driver's license gives rise only to a privilege to given, was seen nearby. He was taken into
drive motor vehicles on public roads, the law custody and brought to the police precinct
provides that a driver who refuses to take the where his pants, shirt and boots were forcibly
test shall be automatically subject to a 90-day taken and he was weighed, measured,
suspension of his driver's license, photographed, fingerprinted and subjected to
paraffin testing. At his trial, Borja objected to
the admission in evidence of the apparel, his
height and weight, his photographs, fingerprints proof. One day, Emilio broke open the desk
comparison and the results of the paraffin test, of Alvin and discovered a letter wherein
asserting that these were taken in violation of Randy thanked Alvin for having passed on
his right against self-incrimination. Rule on the to him vital trade secrets of Emilio.
objection. (2%) Enclosed in the letter was a check for
SUGGESTED ANSWER: P50,000.00 drawn against the account of
b) The objection of Borja is not tenable. As held Randy and payable to Alvin. Emilio then
in People v. Paynor, 261 SCRA 615 (1996), the dismissed Alvin from his employment.
rights guaranteed by Section 12, Article in of Emilio's proof of Alvin's perfidy are the said
the Constitution applies only against testimonial letter and check which are objected to as
evidence. An accused may be compelled to be inadmissible for having been obtained
photographed or measured, his garments may through an illegal search. Alvin filed a suit
be removed, and his body may be examined. assailing his dismissal.
Rule on the admissibility of the letter and
Rights of the Accused; Self-Incrimination check. (5%)
(Q7-2006)
Select the best answer and explain. ALTERNATIVE ANSWER:
1. An accused's right against self-incrimination As held in People v. Marti (G.R. No. 81561,
is violated in the following cases: (5%) January 18, 1991), the constitution, in laying
a. When he is ordered by the trial court to down the principles of the government and
undergo a paraffin test to prove he is guilty fundamental liberties of the people, does not
of murder; govern relationships between individuals. Thus,
b. When he is compelled to produce his if the search is made at the behest or initiative
bankbooks to be used as evidence against of the proprietor of a private establishment for
his father charged with plunder; its own and private purposes and without the
c. When he is ordered to produce a sample of intervention of police authorities, the right
his handwriting to be used as evidence that against unreasonable search and seizure
he is the author of a letter wherein he cannot be invoked for only the act of private
agreed to kill the victim; individuals, not the law enforcers, is involved. In
d. When the president of a corporation is sub- sum, the protection against unreasonable
poenaed to produce certain documents as searches and seizures cannot be extended to
proofs he is guilty of illegal recruitment. acts committed by PRIVATE INDIVIDUALS so
as to bring it within the ambit of alleged unlawful
SUGGESTED ANSWER: intrusion by the government. Accordingly, the
The best answer is c) when he is ordered to letter and check are admissible in evidence.
produce a sample of his handwriting to be used (Waterous Drug Corp. v. NLRC, G.R. No.
as evidence that he is the author of a letter 113271, October 16, 1997)
wherein he agreed to kill the victim. Under
Article HI, Section 17 of the 1987 Constitution, ALTERNATIVE ANSWER:
"no person shall be compelled to be a witness The letter is inadmissible in evidence. The
against himself." Since the provision prohibits constitutional injunction declaring the privacy of
compulsory testimonial incrimination, it does not communication and correspondence to be
matter whether the testimony is taken by oral or inviolable is no less applicable simply because
written means as either way it involves the USE it is the employer who is the party against
OF INTELLECTUAL FACULTIES. The purpose whom the constitutional provision is to be
of the privilege is to avoid and prohibit thereby enforced. The only exception to the prohibition
the repetition and recurrence of compelling a in the Constitution is if there is a lawful order
person, in a criminal or any other case, to from the court or when public safety or order
furnish the missing evidence necessary for his requires otherwise, as prescribed by law. Any
conviction (Bermudez v. Castillo, Per Rec. No. violation of this provision renders the evidence
714-A, July 26, 1937; Beltran v. Samson, G.R. obtained inadmissible for any purpose in any
No. 32025, September 23,1929). proceeding. (Zulueta v. Court of Appeals, G.R.
No. 107383, February 20, 1996)
Searches and Seizure; Private Individuals
(Q8-2005) Searches and Seizures; Aliens (2001)
(2) Emilio had long suspected that Alvin, his No IV - A is an alien. State whether, in the
employee, had been passing trade secrets Philippines, he: Is entitled to the right against
to his competitor, Randy, but he had no
illegal searches and seizures and against illegal to save the proposed law from
arrests. (2%) unconstitutionally on the ground of denial of due
SUGGESTED ANSWER: process, it should provide for an immediate
Aliens are entitled to the right against illegal hearing upon suspension of the driver's license.
searches and seizures and illegal arrests. As The proposed law violates the right against
applied in People v. Chua Ho San, 307 SCRA unreasonable searches and seizures. It will
432 (1999), these rights are available to all authorize police authorities to stop any driver
persons, including aliens. and ask him to take the breathalyzer test even
in the absence of a probable cause.
Searches and Seizures; Breathalyzer Test
(1992) Searches and Seizures; Immediate Control
No, 3; Congress is considering a law against (1987)
drunken driving. Under the legislation, police No. III: "X" a Constabulary Officer, was arrested
authorities may ask any driver to take a pursuant to a lawful court order in Baguio City
"breathalyzer test", wherein the driver exhales for murder. He was brought to Manila where a
several times into a device which can determine warrantless search was conducted in his official
whether he has been driving under the quarters at Camp Crame, The search team
influence of alcohol. The results of the test can found and seized the murder weapon in a
be used, in any legal proceeding against him. drawer of "X". Can "X" claim that the search
Furthermore, declaring that the issuance of a and seizure were illegal and move for exclusion
driver's license gives rise only to a privilege to from evidence of the weapon seized? Explain.
drive motor vehicles on public roads, the law SUGGESTED ANSWER:
provides that a driver who refuses to take the Yes, "X" can do so. The warrantless search
test shall be automatically subject to a 90-day cannot be justified as an incident of a valid
suspension of his driver's license, arrest, because considerable time had elapsed
Cite two [2] possible constitutional objections to after his arrest in Baguio before the search of
this law. Resolve the objections and explain his quarters in Camp Crame, Quezon City was
whether any such infirmities can be cured. made, and because the distance between the
SUGGESTED ANSWER: place of arrest and the place of search negates
Possible objections to the law are that requiring any claim that the place searched is within his
a driver to take the breathalyzer test will violate "immediate control" so as to justify the
his right against self-incrimination, that apprehension that he might destroy or conceal
providing for the suspension of his driver's evidence of crime before a warrant can be
license without any hearing violates due obtained. (Chimel v. California, 395 U.S. 752
process, and that the proposed law will violate (1969) ) in Nolasco v. Cruz Pano, 147 SCRA
the right against unreasonable searches and 509 (1987), the Supreme Court reconsidered its
seizures, because it allows police authorities to previous decision holding that a warrantless
require a drive to take the breathalyzer test search, made after 30 minutes from the time of
even if there is no probable cause arrest, and, in a place several blocks away from
the place of arrest, was valid. It held that a
Requiring a driver to take a breathalyzer test warrantless search is limited to the search of
does not violate his right against self- the person of the arrestee at the time and
incrimination, because he is not being incident to his arrest and for dangerous
compelled to give testimonial evidence. He is weapons or anything which may be used as
merely being asked to submit to a physical test. proof of the offense. A contrary rule would
This is not covered by the constitutional justify the police in procuring a warrant of arrest
guarantee against self-incrimination. Thus, in and, by virtue thereof, not only arrest the
South Dakota vs. Neville, 459 U.S. 553, it was person but also search his dwelling. A warrant
held for this reason that requiring a driver to requires that all facts as to the condition of the
take a blood-alcohol test is valid. property and its surroundings and its
improvements and capabilities must be
As held in Mackey vs. Afontrya 443 U.S. 1, considered, and this can only be done in a
because of compelling government interest in judicial proceeding.
safety along the streets, the license of a driver
who refuses to take the breathalyzer test may Searches and Seizures; Incidental to Valid
be suspended immediately pending a post- Search (1990)
suspension hearing, but there must be a No. 9; Some police operatives, acting under a
provision for a post-suspension hearing. Thus, lawfully issued warrant for the purpose of
searching for firearms in the House of X located ALTERNATIVE ANSWER:
at No. 10 Shaw Boulevard, Pasig, Metro In accordance with the rulings in Uy Keytin v,
Manila, found, instead of firearms, ten Villareal, 42 Phil. 886 and People v. Sy Juco,
kilograms of cocaine. 64 Phil. 667, the unlicensed firearms found in
(1) May the said police operatives lawfully the house at 12 Shaw Boulevard may not be
seize the cocaine? Explain your answer. lawfully seized, since they were not included in
(2) May X successfully challenge the legality the description of the articles to be seized by
of the search on the ground that the virtue of the search warrant. The search
peace officers did not inform him about warrant described the articles to be seized as
his right to remain silent and his right to firearms in the house of X located at 10 Shaw
counsel? Explain your answer. Boulevard.
(3) Suppose the peace officers were able to
find unlicensed firearms in the house in Searches and Seizures; Place of Search
an adjacent lot, that is. No, 12 Shaw (2001)
Boulevard, which is also owned by X. No XI - Armed with a search and seizure
May they lawfully seize the said warrant, a team of policemen led by Inspector
unlicensed firearms? Explain your Trias entered a compound and searched the
answer. house described therein as No. 17 Speaker
SUGGESTED ANSWER: Perez St., Sta. Mesa Heights, Quezon City,
(1) Yes, the police operatives may lawfully owned by Mr. Ernani Pelets, for a reported
seize the cocaine, because it is an item whose cache of firearms and ammunition. However,
possession is prohibited by law, it was in plain upon thorough search of the house, the police
view and it was only inadvertently discovered in found nothing.
the course of a lawful search. The possession
of cocaine is prohibited by Section 8 of the Then, acting on a hunch, the policemen
Dangerous Drugs Act. As held in Magoncia v. proceeded to a smaller house inside the same
Palacio, 80 Phil. 770, an article whose compound with address at No. 17-A Speaker
possession is prohibited by law may be seized Perez St., entered it, and conducted a search
without the need of any search warrant if it was therein over the objection of Mr. Pelets who
discovered during a lawful search. The happened to be the same owner of the first
additional requirement laid down in Roan v. house. There, the police found the unlicensed
Gonzales, 145 SCRA 687 that the discovery of firearms and ammunition they were looking for.
the article must have been made inadvertently As a result. Mr. Ernani Pelets was criminally
was also satisfied in this case. charged in court with Illegal possession of
firearms and ammunition as penalized under
(2) No, X cannot successfully challenge the P.D. 1866, as amended by RA. 8294. At the
legality of the search simply because the peace trial, he vehemently objected to the
officers did not inform him about his right to presentation of the evidence against him for
remain silent and his right to counsel. Section being inadmissible. Is Mr. Emani Pelet's
12(1), Article III of the 1987 Constitution contention valid or not? Why? (5%)
provides: "Any person under investigation for SUGGESTED ANSWER:
the commission of an offense shall have the The contention of Ernani Pelet is valid. As held
right to be informed of his right to remain silent in People vs. Court of Appeals, 291SCRA 400
and to have competent and independent (1993), if the place searched is different from
counsel preferably of his own choice." that stated in the search warrant, the evidence
As held in People v. Dy, 158 SCRA 111. for seized is inadmissible. The policeman cannot
this provision to apply, a suspect must be modify the place to be searched as set out in
under investigation. There was no the search warrant.
investigation involved in this case.
Searches and Seizures; search made by a
(3) The unlicensed firearms stored at 12 Shaw private citizen (1993)
Boulevard may lawfully be seized since their No. 4: Larry was an overnight guest in a motel.
possession is illegal. As held in Magoncia a After he checked out the following day, the
Palacio, 80 Phil. 770, when an individual chambermaid found an attache case which she
possesses contraband (unlicensed firearms surmised was left behind by Larry. She turned it
belong to this category), he is committing a over to the manager who, to determine the
crime and he can be arrested without a warrant name and address of the owner, opened the
and the contraband can be seized. attache case and saw packages which had a
peculiar smell and upon squeezing felt like possession of prohibited drugs and was
dried leaves. His curiosity aroused, the convicted.
manager made an opening on one of the On appeal he contends that -
packages and took several grams of the (1) The plastic bag and its contents are
contents thereof. He took the packages to the inadmissible in evidence being the product
NBI, and in the presence of agents, opened the of an illegal search and seizure; (3%) and
packages, the contents of which upon (2) The receipt he signed is also inadmissible
laboratory examination, turned out to be as his rights under custodial investigation
marijuana flowering tops, Larry was were not observed. (2%)
subsequently found, brought to the NBI Office Decide the case with reasons.
where he admitted ownership of the attache SUGGESTED ANSWER:
case and the packages. He was made to sign a A. The plastic bag and its contents are
receipt for the packages. Larry was charged in admissible in evidence, since it was not the
court for possession of prohibited drugs. He National Bureau of Investigation but the bus
was convicted. On appeal, he now poses the conductor who opened the bag and brought it to
following issues: the National Bureau of Investigation. As held
1) The packages are inadmissible in evidence In People v. Marti, 193 SCRA 57 (1991), the
being the product of an illegal search and constitutional right against unreasonable search
seizure; . and seizure is a restraint upon the government.
2) Neither is the receipt he signed admissible, It does not apply so as to require exclusion of
his rights under custodial investigation not evidence which came into the possession of the
having been observed. Decide. Government through a search made by a
SUGGESTED ANSWER: private citizen.
On the assumption that the issues were timely B. It is inadmissible....
raised the answers are as follows:
1) The packages are admissible in evidence. Searches and Seizures; Valid Warrantless
The one who opened the packages was the Search (2000)
manager of the motel without any interference a) Crack officers of the Anti-Narcotics Unit
of the agents of the National Bureau of were assigned on surveillance of the environs
Investigation. As held in People vs. Marti, 193 of a cemetery where the sale and use of
SCRA 57, the constitutional right against dangerous drugs are rampant. A man with
unreasonable searches and seizures refers to reddish and glassy eyes was walking unsteadily
unwarranted intrusion by the government and moving towards them but veered away when he
does not operate as a restraint upon private sensed the presence of policemen. They
individuals. approached him, introduced themselves as
2) The receipt is not admissible in evidence. ... police officers and asked him what he had
clenched in his hand. As he kept mum, the
Searches and Seizures; search made by a policemen pried his hand open and found a
private citizen (2002) sachet of shabu, a dangerous drug. Accordingly
No VIII. One day a passenger bus conductor charged in court, the accused objected to the
found a man's handbag left in the bus. When admission in evidence of the dangerous drug
the conductor opened the bag, he found inside because it was the result of an illegal search
a catling card with the owner's name (Dante and seizure. Rule on the objection. (3%)
Galang) and address, a few hundred peso bills, b) What are the instances when warrantless
and a small plastic bag containing a white searches may be effected? (2%)
powdery substance. He brought the powdery SUGGESTED ANSWER:
substance to the National Bureau of a) The objection is not tenable. In
Investigation for laboratory examination and it accordance with Manalili v. Court of Appeals,
was determined to be methamphetamine 280 SCRA 400 (1997). since the accused had
hydrochloride or shabu, a prohibited drug. red eyes and was walking unsteadily and the
Dante Galang was subsequently traced and place is a known hang-out of drug addicts, the
found and brought to the NBI Office where he police officers had sufficient reason to stop the
admitted ownership of the handbag and its accused and to frisk him. Since shabu was
contents. In the course of the interrogation by actually found during the investigation, it could
NBI agents, and without the presence and be seized without the need for a search
assistance of counsel, Galang was made to warrant.
sign a receipt for the plastic bag and its shabu
contents. Galang was charged with illegal
b) A warrantless search may be effected in were found after a more extensive search of the
the following cases: various compartments of the car. As held in
a) Searches incidental to a lawful arrest: Valmonte vs. De Villa, 185 SCRA 665, for such
b) Searches of moving vehicles; a search to be valid, there must be a probable
c) Searches of prohibited articles in plain view: cause. In this case, there was no probable
d) Enforcement of customs law; cause, as there was nothing to indicate that
e) Consented searches; Antonio had prohibited drugs inside the
f) Stop and frisk (People v. Monaco, 285 compartments of his car.
SCRA 703 [1998]);
g) Routine searches at borders and ports of Searches and Seizures; Waiver of Consent
entry (United States v. Ramsey, 431 U.S. (1989)
606 [1977]); and No. 7: Pursuing reports that great quantities of
h) Searches of businesses in the exercise of prohibited drugs are being smuggled at
visitorial powers to enforce police nighttime through the shores of Cavite, the
regulations (New York v. Burger, 482 U.S. Southern Luzon Command set up checkpoints
691 (1987]). at the end of the Cavite coastal road to search
passing motor vehicles. A 19-year old boy, who
Searches and Seizures; Visual Search (1992) finished fifth grade, while driving, was stopped
No. 5: During the recent elections, checkpoints by the authorities at the checkpoint. Without
were set up to enforce the election period ban any objection from him, his car was inspected,
on firearms. and the search yielded marijuana leaves hidden
in the trunk compartment of the car. The
During one such routine search one night, while prohibited drug was promptly seized, and the
looking through an open window with a boy was brought to the police station for
flashlight, the police saw firearms at the questioning. Was the search without warrant
backseat of a car partially covered by papers legal?
and clothes. SUGGESTED ANSWER:
Antonio, owner and driver of the car in question, No, the search was not valid, because there
was charged for violation of the firearms was no probable cause for conducting the
ban. Are the firearms admissible in search. As held in Almeda Sanchez vs. United
evidence against him? Explain. States, 413 U.S. 266, while a moving vehicle
If, upon further inspection by the police, can be searched without a warrant, there must
prohibited drugs were found inside the still be probable cause. In the case in question,
various compartments of Antonio's car, there was nothing to indicate that marijuana
can the drugs be used in evidence leaves were hidden in the trunk of the car. The
against Antonio if he is prosecuted for mere fact that the boy did not object to the
possession of prohibited drugs? Explain. inspection of the car does not constitute
SUGGESTED ANSWER: consent to the search. As ruled in People vs.
a) Yes, the firearms are admissible in Burgos, 144 SCRA 1, the failure to object to a
evidence, because they were validly seized. In warrantless search does not constitute consent,
Valmonte vs. De Villa, 178 SCRA 211 and 185 especially in the light of the fact.
SCRA 665, the Supreme Court held that ALTERNATIVE ANSWER:
checkpoints may be set up to maintain peace Yes. The requirement of probable cause differs
and order for the benefit of the public and from case to case. In this one, since the
checkpoints are a security measure against police agents are confronted with large-scale
unauthorized firearms. Since the search which smuggling of prohibited drugs, existence of
resulted in the discovery of the firearms was which is of public knowledge, they can set up
limited to a visual search of the car, it was checkpoints at strategic places, in the same
reasonable. Because of the ban on firearms, way that of in a neighborhood a child is
the possession of the firearms was prohibited. kidnapped, it is lawful to search cars and
Since they were found in plain view in the vehicles leaving the neighborhood or village:
course of a lawful search, in accordance with This situation is also similar to warrantless
the decision in Magancia vs. Palacio, 80 Phil. searches of moving vehicles in customs area,
770, they are admissible in evidence. which searches have been upheld. (Papa vs.
Mago, 22 SCRA 857 (1968). The rule is based
b) No, the drugs cannot be used in evidence on practical necessity.
against Antonio if he is prosecuted for
possession of prohibited drugs. The drugs
Searches and Seizures; Warrantless Arrests equipment. The warrant particularly describes
(1993) the electronic equipment and specifies the
No. 9: Johann learned that the police were provisions of the Tariff and Customs Code
looking for him in connection with the rape of an which were violated by the importation.
18-year old girl, a neighbor. He went to the
police station a week later and presented The warrant was served and implemented in
himself to the desk sergeant. Coincidentally. the the afternoon of 2 January 1988 by Customs
rape victim was in the premises executing an policemen who then seized the described
extrajudicial statement. Johann, along with six equipment. The inventory of the seized articles
(6) other suspects, were placed in a police line- was signed by the Secretary of the Tikasan
up and the girl pointed to him as the rapist. Corporation. The following day, a hearing
Johann was arrested and locked up in a cell. officer in the Office of the Collector of Customs
Johann was charged with rape in court but prior conducted a hearing on the confiscation of the
to arraignment invoked his right to preliminary equipment.
investigation. This was denied by the judge,
and thus, trial proceeded. After the prosecution Two days thereafter, the corporation filed with
presented several witnesses, Johann through the Supreme Court a petition for certiorari,
counsel, invoked the right to bail and filed a prohibition and mandamus to set aside the
motion therefor, which was denied outright by warrant, enjoin the Collector and his agents
the Judge. Johann now files a petition for from further proceeding with the forfeiture
certiorari before the Court of Appeals arguing hearing and to secure the return of the
that: His arrest was not in accordance with law. confiscated equipment, alleging therein that the
Decide. warrant issued is null and void for the reason
SUGGESTED ANSWER: that, pursuant to Section 2 of Article III of the
Yes, the warrantless arrest of Johann was not 1987 Constitution, only a judge may issue a
in accordance with law. As held in Go v. Court search warrant. In his comment to the petition,
of Appeals, 206 SCRA 138, his case does not the Collector of Customs, through the Office of
fall under the Instances in Rule 113, sec. 5 (a) the Solicitor General, contends that he is
of the 1985 Rules of Criminal Procedure authorized under the Tariff and Custom Code to
authorizing warrantless arrests. It cannot be order the seizure of the equipment whose
considered a valid warrantless arrest because duties and taxes were not paid and that the
Johann did not commit a crime in the presence corporation did not exhaust administrative
of the police officers, since they were not remedies. Should the petition be granted?
present when Johann had allegedly raped his Decide.
neighbor. Neither can It be considered an arrest SUGGESTED ANSWER:
under Rule 113 sec. 5 (b) which allows an The petition should not be granted. Under Secs.
arrest without a warrant to be made when a 2205 and 2208 of the Tariff and Customs Code,
crime has in fact just been committed and the customs officials are authorized to enter any
person making the arrest has personal warehouse, not used as dwelling, for the
knowledge offsets indicating that the person to purpose of seizing any article which is subject
be arrested committed it. Since Johann was to forfeiture. For this purpose they need no
arrested a week after the alleged rape, it cannot warrant issued by a court. As stated in Viduya
be deemed to be a crime which "has just been vs. Berdiago, 73 SCRA 553. for centuries the
committed". Nor did the police officers who seizure of goods by customs officials to enforce
arrested him have personal knowledge of facts the customs laws without need of a search
indicating that Johann raped his neighbor. warrant has been recognized.
Searches and Seizures; Warrants of Arrest ARTICLE IV Citizenship

(1991) Action for Cancellation; Prescription &
No. 8: On the basis of a verified report and Effect of Death (1994)
confidential information that various electronic No. 7: - Enzo, a Chinese national, was granted
equipment, which were illegally imported into Philippine citizenship in a decision rendered by
the Philippines, were found in the bodega of the the Court of First Instance of Pampanga on
Tikasan Corporation located at 1002 Binakayan January 10, 1956. He took his oath of office on
St., Cebu City, the Collector of Customs of June 5, 1959. In 1970, the Solicitor General
Cebu issued, in the morning of 2 January 1988, filed a petition to cancel his citizenship on the
a Warrant of Seizure and Detention against the ground that in July 1969 the Court of Tax
corporation for the seizure of the electronic Appeals found that Enzo had cheated the
government of income taxes for the years 1956 (2) Whether or not Ferdie's act of filing his
to 1959. Said decision of the Tax Court was certificate of candidacy constitutes waiver of
affirmed by the Supreme Court in 1969. his status as a permanent resident of the
Between 1960 and 1970, Enzo had acquired United States.
substantial real property In the Philippines, SUGGESTED ANSWER:
(1) Has the action for cancellation of Enzo's 1) According to the ruling in Coast vs. Court of
citizenship prescribed? Appeals, 191 SCRA 229, a green card is proof
(2) Can Enzo ask for the denial of the petition that the holder is a permanent resident of the
on the ground that he had availed of the United States, for it identifies the holder as a
Tax Amnesty for his tax liabilities? resident of the United States and states that the
(3) What is the effect on the petition for holder is entitled to reside permanently and
cancellation of Enzo's citizenship if Enzo work in the United States.
died during the pendency of the hearing on
said petition? 2) The filing of a certificate of candidacy does
SUGGESTED ANSWER: not constitute a waiver of the status of the
1) No, the action has not prescribed. As held in holder of a green card as a permanent resident
Republic vs. Li Yao, 214 SCRA 748, a of the United States. As held in Coast vs. Court
certificate of naturalizalion may be cancelled at of Appeals, 191 SCRA229, the waiver should
any time if it was fraudulently obtained by be manifested by an act independent of and
misleading the court regarding the moral prior to the filing of his certificate of candidacy.
character of the petitioner.
Dual Allegiance vs. Dual Citizenship (1987)
2) No, Enzo cannot ask for the denial of the No. VIII: "A" was born in 1951 in the United
petition for the cancellation of his certificate of States of a Chinese father and a Filipina
naturalization on the ground that he had availed mother. Under Chinese laws, "A's" mother
of the tax amnesty. In accordance with the automatically became a Chinese national by
ruling in Republic vs. Li Yao, 224 SCRA 748, her marriage.
the tax amnesty merely removed all the civil,
criminal and administrative liabilities of Enzo. It In 1973, upon reaching the age of majority, "A"
did not obliterate his lack of good moral elected to acquire Philippine citizenship.
character and irreproachable conduct. However, "A" continued to reside in California
3) On the assumption that he left a family, the and to carry an American passport. He also
death of Enzo does not render the petition for paid allegiance to the Taipei government. In the
the cancellation of his certificate of 1987 Philippine National elections, he was
naturalization moot. As held in Republic vs. Li elected Senator. His opponent moved to
Yao, 224 SCRA 748, the outcome of the case disqualify him on the grounds:
will affect his wife and children. a) That he was not a natural born citizen; and
b) That he had "dual allegiance" not only to
Citizenship; Elected Official (1993) the United States but also to the Republic of
No. 7: Ferdie immigrated to the United States in China.
the 1980s. Thereafter, he visited his hometown, Decide.
Makahoy, every other year during town fiestas. SUGGESTED ANSWER:
In January 1993. Ferdie came home and filed The electoral contest must be dismissed.
his certificate of candidacy for Mayor of (a) "A" is a natural born citizen. Art. IV, Sec. 2
Makahoy. He won in the elections. Joe, the of the 1987 Constitution provides that "those
defeated candidate, learned that Ferdie is a who elect Philippine citizenship in accordance
greencard holder which on its face identifies with paragraph (3), Sec. 1 hereof shall be
Ferdie as a "resident alien" and on the back deemed natural born citizens." The purpose of
thereof is clearly printed: this provision is to equalize the status of those
"Person identified by this card is entitled to who elected Philippine citizenship before and
reside permanently and work in the United those who did so after January 17, 1973 when
States." Joe filed a case to disqualify Ferdie the previous Constitution took effect.
from assuming the mayorship of Maka-hoy.
Questions: (b) The "DUAL ALLEGIANCE" declared
(1) Whether or not a green card is proof that inimical to national interest in Art. IV, Sec. 5
the holder is a permanent resident of the refers to the dual allegiance of some such as
United States. naturalized Filipino citizens (mostly Chinese)
who maintain allegiance to Nationalist China as
shown in some cases by their membership in of the Philippines (Art. IV, sec. 1(3)). Under Art.
the legislative Yuan after their naturalization as IV, sec, 2 he is also deemed a natural-born
citizens of the Philippines. The prohibition does citizen.
not apply in situations brought about by dual
citizenship, such as the one involved in the 2. The Constitution requires, among other
problem. Indeed, a Filipino woman can have things, that a candidate for member of the
dual allegiance resulting from her marriage to a House of Representatives must be at least 25
foreigner under Sec. 4, so long as she does not years of age "on the day of the election." (Art.
do or omit to do an act amounting to VI, sec. 6). As Brown was born on May 15,
renunciation under Commonwealth Act. No. 1962, he did not become 25 years old until May
63, Sec. 1(2). Under this law, express 15, 1987. Hence on May 11, 1987, when the
renunciation is different from an act of election was held, he was 4 days short of the
allegiance to a foreign power as a ground for required age.
loss of Philippine citizenship. Moreover, what
constitutes "dual allegiance" inimical to national 3. The Constitution provides that those who
interest is and what the sanctions for such dual seek either to change their citizenship or to
allegiance will be, will still have to be defined by acquire the status of an immigrant of another
law pending adoption of such legislation, country "during their tenure" shall be dealt with
objection based on dual allegiance will be by law (Art. XI, sec. 17). The provision cannot
premature. apply to Brown for the following reasons: First,
Brown is in addition an American citizen and
Dual Allegiance vs. Dual Citizenship (1988) thus has a dual citizenship which is allowed by
No. 13: Robert Brown was born in Hawaii on the Constitution. (Cf. Art. IV, sec. 4), Second,
May 15, 1962, of an American father and a Brown did not seek to acquire the status of an
Filipina mother. On May 16, 1983 while holding immigrant, but is an American by birth under
an American passport, he registered as a the principle of jus soli obtaining in the United
Filipino with the Philippine Consulate at States. Third, he did not seek to change his
Honolulu, Hawaii. In September, 1983 he status during his tenure as a public officer.
returned to the Philippines, and took up Fourth, the provision of Art. XI, sec. 17 is not
residence at Boac, Marinduque, hometown of self-executing but requires an implementing
his mother. He registered as a voter, voted, and law. Fifth, but above all, the House Electoral
even participated as a leader of one of the Tribunal has no jurisdiction to decide this
candidates in that district in the 1984 Batasan question since it does not concern the
elections. In the elections of 1987, he ran for qualification of a member-elect.
Congressman, and won. His sole opponent is
now questioning his qualifications and is trying Dual Citizenship (1994)
to oust him on two basic claims: No. 8: In 1989, Zeny Reyes married Ben Tulog,
(1) He is not a natural born Filipino citizen, but a national of the State of Kongo. Under the laws
is in fact, an American, born in Hawaii, an of Kongo, an alien woman marrying a Kongo
integral portion of the U.S.A., who holds an national automatically acquires Kongo
American passport; citizenship. After her marriage, Zeny resided in
(2) He did not meet the age requirement; and Kongo and acquired a Kongo passport. In 1991,
(3) He has a "green card" from the U.S. Zeny returned to the Philippines to run for
Government. Governor of Sorsogon.
(1) Was Zeny qualified to run for Governor?
Assume that you are a member of the House (2) Suppose instead of entering politics. Zeny
Electoral Tribunal where the petition for Brown's just got herself elected as vice-president of
ouster is pending. How would you decide the the Philippine Bulletin, a local newspaper.
three issues raised against him? Was she qualified to hold that position?
The first and third grounds have no merit. But 1) Under Section 4, Article IV of the
the second is well taken and, therefore, Brown Constitution. Zeny retained her Filipino
should be disqualified. citizenship. Since she also became a citizen of
1. Robert Brown is a natural born citizen of the Kongo, she possesses dual citizenship.
Philippines. A person born of a Filipino mother Pursuant to Section 40 (d) of the Local
and an alien father before January 17, 1973, Government Code, she is disqualified to run for
who thereafter upon reaching the age of governor. In addition, if Zeny returned to the
majority elect Philippine citizenship, is a citizen Philippines, less than a year immediately before
the day of the election, Zeny is not qualified to not qualify to participate in the management of
run for Governor of Sorsogon. Under Section the Bulletin as Vice-President thereof.
39(a) of the Local Government Code, a
candidate for governor must be a resident in the Effect of Marriage; Filipino (1989)
province where he intends to run at least one No, 2: (1) Lily Teh arrived in Manila on one of
(1) year immediately preceding the day of the her regular tours to the Philippines from Taipeh.
election. By residing in Kongo upon her She met Peter Go, a naturalized Filipino citizen.
marriage in 1989, Zeny abandoned her After a whirlwind courtship, Lily and Peter were
residence in the Philippines. married at the San Agustin Church. A week
This is in accordance with the decision in Caasi after the wedding, Lily Teh petitioned in
vs. Court of Appeals, 191 SCRA 229. administrative proceedings before immigration
ALTERNATIVE ANSWER: authorities to declare her a Filipino citizen
No. Zeny was not qualified to run for Governor. stating that she had none of the
Under the Constitution, "citizens of the disqualifications provided in the Revised
Philippines who marry aliens shall retain their Naturalization Law. The jilted Filipino girlfriend
citizenship, unless by their act or omission they of Peter Go opposed the petition claiming that
are deemed, under the law to have renounced Lily Teh was still a minor who had not even
it." (Sec. 4, Art. IV, Constitution). Her residing in celebrated her 21st birthday, who never resided
Kongo and acquiring a Kongo passport are in the Philippines except during her one-week
indicative of her renunciation of Philippine visit as tourist from Taipeh during the Chinese
citizenship, which is a ground for loss of her New Year, who spoke only Chinese, and who
citizenship which she was supposed to have had radical ideas liked advocating unification of
retained. When she ran for Governor of Taiwan with mainland China. Lily Teh, however,
Sorsogon, Zeny was no longer a Philippine swore that she was renouncing her Chinese
citizen and, hence, was disqualified for said allegiance and while she knew no Filipino
position. customs and traditions as yet, she evinced a
sincere desire to learn and embrace them.
2) Although under Section 11(1), Article XVI of Would Lily Teh succeed in becoming a Filipino
the Constitution, mass media must be wholly citizen through her marriage to Peter Go?
owned by Filipino citizens and under Section 2 Explain.
of the Anti-Dummy Law aliens may not SUGGESTED ANSWER:
intervene in the management of any Yes, Lily Teh ipso facto became a Philippine
nationalized business activity. Zeny may be citizen upon her marriage to Peter Go, who is a
elected vice president of the Philippine Bulletin, Philippine citizen, provided she possesses none
because she has remained a Filipino citizen. of the disqualifications laid down in Section 4 of
Under Section 4, Article IV of the Constitution, the Revised Naturalization Law. According to to
Filipino citizens who marry aliens retains their the ruling in Moy Ya Lim Yao vs. Commissioner
citizenship unless by their act or omission they of Immigration, 41 SCRA 292, an alien woman
are deemed, under the law, to have renounced who marries a Filipino husband ipso facto
it. The acts or omission which will result in loss becomes a Filipino citizen without having to
of citizenship are enumerated in possess any of the qualifications prescribed in
Commonwealth Act No, 63. Zeny is not guilty of Section 2 of the Revised Naturalization Law
any of them. As held in Kawakita vs. United provided she possesses none of the
States, 343 U.S. 717, a person who possesses disqualifications set forth in Section 4 of the
dual citizenship like Zeny may exercise rights of same law. All of the grounds invoked by the
citizenship in both countries and the use of a former girlfriend of Peter Go for opposing the
passport pertaining to one country does not petition of Lily Teh, except for the last one, are
result in loss of citizenship in the other country. qualifications, which Lily Teh need not possess.
ALTERNATIVE ANSWER: The fact that Lily Teh is advocating the
Neither, was Zeny qualified to hold the position unification of Taiwan with mainland China is not
of vice-president of Philippine Bulletin. Under a ground for disqualification under Section 4 of
the Constitution, "the ownership and the Revised Naturalization Law.
management of mass media shall be limited to
citizens, of the Philippines, or to corporation, Effect of Oath of Allegiance (2004)
cooperatives or associations wholly owned and (4-a) TCA, a Filipina medical technologist, left
managed by such citizens" (Section XI [1], Art. in 1975 to work in ZOZ State. In 1988 she
XVI), Being a non-Philippine citizen, Zeny can married ODH, a citizen of ZOZ. Pursuant to
ZOZ's law, by taking an oath of allegiance, she
acquired her husband's citizenship. ODH died Effect of Repatriation (2002)
in 2001, leaving her financially secured. She No I - A was born in the Philippines of Filipino
returned home in 2002, and sought elective parents. When martial law was declared in the
office in 2004 by running for Mayor of APP, her Philippines on September 21, 1972, he went to
hometown. Her opponent sought to have her the United States and was naturalized as an
disqualified because of her ZOZ citizenship. American citizen. After the EDSA Revolution,
She replied that although she acquired ZOZ's he came home to the Philippines and later on
citizenship because of marriage, she did not reacquired Philippine citizenship by repatriation.
lose her Filipino citizenship. Both her parents, Suppose in the May 2004 elections he is
she said, are Filipino citizens. Is TCA qualified elected Member of the House of
to run for Mayor? (5%) Representatives and a case is filed seeking his
disqualification on the ground that he is not a
SUGGESTED ANSWER: natural-born citizen of the Philippines, how
On the assumption that TCA took an oath of should the case against him be decided?
allegiance to ZOZ to acquire the citizenship of Explain your answer. (5%)
her husband, she is not qualified to run for SUGGESTED ANSWER:
mayor. She did not become a citizen of ZOZ The case should be decided in favor of A. As
merely by virtue of her marriage, she also took held In Bengson v. House of Representatives
an oath of allegiance to ZOZ. By this act, she Electoral Tribunal, 357 SCRA 545 (2001),
lost her Philippine citizenship. (Section 1 [3], repatriation results in the recovery of the
Commonwealth Act No. 63.) original nationality. Since A was a natural-born
Filipino citizen before he became a naturalized
Effect of Repatriation (1999) American citizen, he was restored to his former
No III - B. Julio Hortal was born of Filipino status as a natural-born Filipino when he
parents. Upon reaching the age of majority, he repatriated.
became a naturalized citizen in another country.
Later, he reacquired Philippine citizenship. Effect of Repatriation (2003)
Could Hortal regain his status as natural born No IV - Juan Cruz was born of Filipino parents
Filipino citizen? Would your answer be the in 1960 in Pampanga. In 1985, he enlisted in
same whether he reacquires his Filipino- the U.S. Marine Corps and took an oath of
citizenship by repatriation or by act of allegiance to the United States of America. In
Congress? Explain. (3%) 1990, he was naturalized as an American
FIRST ALTERNATIVE ANSWER: citizen. In 1994, he was repatriated under
Julian Mortal can regain his status as a natural Republic Act No. 2430. During the 1998
born citizen by repatriating. Since repatriation National Elections, he ran for and was elected
involves restoration of a person to citizenship representative of the First District of Pampanga
previously lost by expatriation and Julian Mortal where he resided since his repatriation. Was he
was previously a natural born citizen, in case he qualified to run for the position? Explain.
repatriates he will be restored to his status as a SUGGESTED ANSWER:
natural born citizen. If he reacquired his Cruz was qualified to run as representative of
citizenship by an act of Congress, Julian Hortal the First District of Pampanga. Since his
will not be a natural born citizen, since he parents were Filipino citizens, he was a natural-
reacquired his citizenship by legislative born citizen. Although he became a
naturalization. naturalized American citizen, under the ruling in
Bengson v. House of Representatives Electoral
SECOND ALTERNATIVE ANSWER: Tribunal. 357 SCRA 545 [2001], by virtue of his
Julian Hortal cannot regain his status as a repatriation, Cruz was restored to his original
natural born citizen by repatriating. He had to status as a natural-born Filipino citizen.
perform an act to acquire his citizenship, i.e.,
repatriation. Under Section 2, Article IV of the Effects of Marriages (1999)
Constitution, natural born citizens are those No III- What are the effects of marriages of:
who are citizens from birth without having to 1. a citizen to an alien; (1%)
perform an act to acquire or perfect their 2. an alien to a citizen; on their spouses and
citizenship. If he reacquired his citizenship by children? Discuss. (1%)
an act of Congress, Julian Hortal will not be a SUGGESTED ANSWER:
natural born citizen since he reacquired his 1.) According to Section 4, Article IV of the
citizenship by legislative naturalization. Constitution, Filipino citizens who marry aliens
retain their citizenship, unless by their act or
omission they are deemed, under the law, to
have renounced it. Elected Official (1992)
No. 16: Edwin Nicasio, born in the Philippines
2) According to Mo Ya Lim Yao v. of Filipino parents and raised in the province of
Commissioner of Immigration, 41 SCRA 292, Nueva Ecija, ran for Governor of his home
under Section 15 of the Revised Naturalization province. He won and he was sworn into office.
Law, a foreign woman who marries a Filipino It was recently revealed, however, that Nicasio
citizen becomes a Filipino citizen provided she is a naturalized American citizen.
possesses none of the disqualifications for a) Does he still possess Philippine citizenship?
naturalization. A foreign man who marries a b) If the second-placer in the gubernatorial
Filipino citizen does not acquire Philippine elections files a quo warranto suit against
citizenship. However, under Section 3 of the Nicasio and he is found to be disqualified
Revised Naturalization Act, in such a case the from office, can the second-placer be sworn
residence requirement for naturalization will be into office as governor?
reduced from ten (10) to five (5) years. Under c) If, instead, Nicasio had been born (of the
Section 1(2), Article IV of the Constitution, the same set of parents) in the United States
children of an alien and a Filipino citizen are and he thereby acquired American
citizens of the Philippines. citizenship by birth, would your answer be
different?
Effects of Philippine Bill of 1902 (2001) SUGGESTED ANSWER:
No I - From mainland China where he was born a) No, Nicasio no longer possesses Philippine
of Chinese parents, Mr Nya Tsa Chan migrated citizenship. As held in Frivaldo vs. COMELEC,
to the Philippines in 1894. As of April 11, 1899, 174 SCRA 245, by becoming a naturalized
he was already a permanent resident of the American citizen, Nicasio lost his Philippine
Philippine Islands and continued to reside in citizenship. Under Section 1(1) of
this country until his death. During his lifetime Commonwealth Act No. 63, Philippine
and when he was already in the Philippines, Mr. citizenship is lost by naturalization in a foreign
Nya Tsa Chan married Charing, a Filipina, with country,
whom he begot one son, Hap Chan, who was
born on October 18. 1897. Hap Chan got b) 2nd placer can’t be sworn to office...
married also to Nimfa, a Filipina, and one of
their children was Lacqui Chan who was born c) If Nicasio was born in the United States, he
on September 27, 1936. Lacqui Chan finished would still be a citizen of the Philippines, since
the course Bachelor of Science in Commerce his parents are Filipinos. Under Section 1(2),
and eventually engaged in business. those whose fathers or mothers are citizens of
the Philippines are citizens of the Philippines.
In the May 1989 election, Lacqui Chan ran for Nicasio would possess dual citizenship, since
and was elected Representative under American Law persons born in the United
(Congressman). His rival candidate, Ramon States are American citizens. As held in Aznor
Deloria, filed a quo warranto or disqualification vs. COMELEC. 185 SCRA 703, a person who
case against him on the ground that he was not possesses both Philippine and American
a Filipino citizen. It was pointed out in particular, citizenship is still a Filipino and does not lose
that Lacqui Chan did not elect Philippine his Philippine citizenship unless he renounces
citizenship upon reaching the age of 21. it.
Decide whether Mr. Lacqui Chan suffers from a Electing Philippine Citizenship (Q8-2006)
disqualification or not. (5%) 1. Atty. Emily Go, a legitimate daughter of a
SUGGESTED ANSWER: Chinese father and a Filipino mother, was
Lacqui Chan is a Filipino citizen and need not born in 1945. At 21, she elected
elect Philippine citizenship. His father, Hap Philippine citizenship and studied law.
Chan, was a Spanish subject, was residing in She passed the bar examinations and
the Philippines on April 11, 1899, and continued engaged in private practice for many
to reside in the Philippines. In accordance with years. The Judicial and Bar Council
Section 4 of the Philippine Bill of 1902, he was nominated her as a candidate for the
a Filipino citizen. Hence, in accordance with position of Associate Justice of the
Section 1(3} of the 1935 Constitution, Lacqui Supreme Court. But her nomination is
Chan is a natural born Filipino citizen, since his being contested by Atty. Juris Castillo,
father was a Filipino citizen. also an aspirant to the position. She
claims that Atty. Emily Go is not a natural- No, 2: (2) A child was born to a Japanese father
born citizen, hence, not qualified to be and a Filipina mother. Would he be eligible to
appointed to the Supreme Court. Is this run for the position of Member of the House of
contention correct? (5%) Representatives upon reaching twenty-five
SUGGESTED ANSWER: years of age?
The contention is not correct. Under Article IV, SUGGESTED ANSWER:
Section 1(3) of the 1987 Constitution, it is The child can run for the House of
provided that those born before January 17, Representatives provided upon reaching the
1973 of Filipino mothers, who elect Philippine age of majority he elected Philippine
Citizenship upon reaching the age of majority citizenship. Under Section 6, Article VI of the
are Filipino citizens. Atty. Emily Go was born of 1987 Constitution, to qualify to be a member of
a Filipino mother in 1945 and elected the House of Representatives, one must be a
citizenship upon reaching the age of 21. She is natural-born Philippine citizen. According to
a natural born Filipino citizen as provided by Section 1 (3), Article IV of the 1987
Article IV, Section 2 of the Constitution — "x x x Constitution, children born before January 17,
those who elect Philippine citizenship in 1973 of Filipino mothers, who elect Philippine
accordance with paragraph (3), Section 1 citizenship upon reaching the age of majority
hereof shall be deemed natural-born citizens." are Philippine citizens.
Hence she is qualified to be appointed to the
Supreme Court. Section 2, Article IV of the 1987 Constitution
provides: "Those who elect Philippine
Electing Philippine Citizenship; When citizenship in accordance with paragraph (3),
Proper (Q8-2006) Section 1 hereof shall be deemed natural-born
2. Atty. Richard Chua was born in 1964. He citizens." On the other hand, if the child was
is a legitimate son of a Chinese father born after January 17, 1973, he would be
and a Filipino mother. His father became considered a natural born citizen without need
a naturalized Filipino citizen when Atty. of election pursuant to Art. IV, Sec. 1(2).
Chua was still a minor. Eventually, he
studied law and was allowed by the Natural Born Filipino (1998)
Supreme Court to take the bar No IV - Andres Ang was born of a Chinese
examinations, subject to his submission father and a Filipino mother in Sorsogon,
to the Supreme Court proof of his Sorsogon. On January 20, 1973, in 1988, his
Philippine citizenship. Although he never father was naturalized as a Filipino citizen. On
complied with such requirement, Atty. May 11, 1998, Andres Ang was elected
Chua practiced law for many years until Representative of the First District of Sorsogon.
one Noel Eugenio filed with the Supreme Juan Bonto who received the second highest
Court a complaint for disbarment against number of votes, filed a petition for Quo
him on the ground that he is not a Filipino Warranto against Ang. The petition was filed
citizen. He then filed with the Bureau of with the House of Representative Electoral
Immigration an affidavit electing Tribunal (HRET). Bonto contends that Ang is
Philippine citizenship. Noel contested it not a natural born citizen of the Philippines and
claiming it was filed many years after therefore is disqualified to be a member of the
Atty. Chua reached the age of majority. House.
Will Atty. Chua be disbarred? Explain.
(5%) The HRET ruled in favor of Ang. Bonto filed a
SUGGESTED ANSWER: petition for certiorari in the Supreme Court. The
No, Atty. Chua will not be disbarred. Atty. Chua following issues are raised:
is already a Filipino citizen and there was no (1) Whether the case is justiciable considering
need for him to file the affidavit electing Filipino that Article VI. Section 17 of the
citizenship. An election of Philippine citizenship Constitution declares the HRET to be the
presupposes that the person electing is an "sole Judge" of all contests relating to the
alien. His father, however, already became a election returns and disqualifications of
Filipino citizen when Atty. Chua was still a members of the House of Representatives.
minor and thus, he was already a Filipino be- [5%]
fore the age of majority (Co v. HRET, G.R. Nos. (2) Whether Ang is a natural bom citizen of the
92191-92, July 30,1991). Philippines. |5%]
How should this case be decided?
Natural Born Filipino (1989) SUGGESTED ANSWER:
1. The case is justiciable. (grave abuse of with Section 2, Article IV of the Constitution,
discretion)... which reads:
2. Andres Ang should be considered a natural Those who elect Philippine citizenship in
born citizen of the Philippines. He was born of a accordance with paragraph (3), Section 1
Filipino mother on January 20, 1973. This hereof shall be deemed natural born citizens."
was after the effectivity of the 1973 Constitution
on January 17, 1973. Under Section (1), Article 2) Ernest is not under-aged. (minimum 25 yrs
III of the 1973 Constitution, those whose fathers old)....
or mothers are citizens of the Philippines are
citizens of the Philippines. Andres Ang Naturalization; Cancellation of Citizenship
remained a citizen of the Philippines after the (1998)
effectivity of the 1987 Constitution. Section 1, No X. - Lim Tong Biao, a Chinese citizen
Article IV of the 1987 Constitution provides: applied for and was granted Philippine
"The following are citizens of the Philippines: citizenship by the court. He took his oath as
"(l) Those who are citizens of the Philippines at citizen of the Philippines to July 1963, in 1975,
the time of the adoption of this Constitution;" the Office of the Solicitor General filed a petition
to cancel his Philippine citizenship for the
Natural-Born Filipino(1993) reason that in August 1963, the Court of Tax
No. 1: In 1964, Ruffa, a Filipina domestic helper Appeals found him guilty of tax evasion for
working in Hongkong, went to Taipei for a deliberately understating his income taxes for
vacation, where she met Cheng Sio Pao, whom the years 1959-1961.
she married. Under Chinese Law, Ruffa (1) Could Lim Tong Biao raise the defense of
automatically became a Chinese citizen. The prescription of the action for cancellation of
couple resided in Hongkong, where on May 9, his Filipino citizenship? [3%]
1965, Ruffa gave birth to a boy named Ernest. (2) Supposing Lim Tong Biao had availed of
Upon reaching the age of majority, Ernest the Tax Amnesty of the government for his
elected Philippine citizenship. After the EDSA tax liabilities, would this constitute a valid
Revolution, Ernest decided to live permanently defense to the cancellation of his Filipino
in the Philippines, where he prospered as a citizenship? [2%]
businessman. During the May 11, 1993 SUGGESTED ANSWER:
election, Ernest ran and won as a 1. No, Lim Tong Biao cannot raise the
congressman. His opponent, noting Ernest's defense of prescription. As held in Republic us.
Chinese ancestry, filed a petition to disqualify Go Bon Lee, 1 SCRA 1166, 1170, a decision
the latter on the following grounds; (1) Ernest granting citizenship is not res judicata and the
Cheng is not a natural born Filipino; and (2) he right of the government to ask for the
is under-aged. Decide. cancellation of a certificate cancellation is not
SUGGESTED ANSWER: barred by the lapse of time.
1) Ernest cannot be disqualified. Section 1,
Article IV of the Constitution provides: "The 2. The fact that Lim Tong Biao availed of the
following are citizens of the Philippines; tax amnesty is not a valid defense to the
XXX XXX XXX cancellation of his Filipino citizenship. In
"(3) Those born before January 17, 1973, of Republic vs. Li Yao, 214 SCRA 748, 754, the
Filipino mothers, who elect Philippine Supreme Court held:
citizenship upon reaching the age of majority;" "In other words, the tax amnesty does not
Ernest could elect Philippine citizenship since have the effect of obliterating his lack of good
he was born before January 17, 1973 and his moral character and irreproachable conduct
mother is a Filipino. As stated in the cases of which are grounds for denaturalization,"
Torres vs. Tan Chim, 69 Phil. 518 and Cu vs.
Republic, 83 Phil. 473, for this provision to Residency Requirements; Elective Official
apply, the mother need not be a Filipino citizen (Q9-2005)
at the time she gave birth to the child in (1) In the May 8,1995 elections for local
question. It is sufficient that she was a Filipino officials whose terms were to commence
citizen at the time of her marriage. Otherwise, on June 30, 1995, Ricky filed on March
the number of persons who would be benefited 20, 1995 his certificate of candidacy for
by the foregoing provision would be limited. the Office of Governor of Laguna. He
won, but his qualifications as an elected
Having elected Philippine citizenship, Ernest is official was questioned. It is admitted that
a natural-born Filipino citizen in accordance
he is a repatriated Filipino citizen and a Status; Illegitimate Child; Dual Citizenship
resident of the Province of Laguna. (1996)
To be qualified for the office to which a No. 8: 2) X was born in the United States of a
local official has been elected, when at Filipino father and a Mexican mother. He
the latest should he be: (5%) returned to the Philippines when he was twenty-
six years of age, carrying an American passport
(a) A Filipino Citizen? Explain. and he was registered as an alien with the
Bureau of Immigration.
SUGGESTED ANSWER:
The citizenship requirement is to be possessed Was X qualified to run for membership in the
by an elective official at the latest as of the time House of Representatives in the 1995
he is proclaimed and at the start of the term of elections? Explain.
office to which he has been elected. Section 39 SUGGESTED ANSWER:
of the Local Government Code, which Whether or not X was qualified to run for
enumerates the qualifications of elective local membership in the House of Representatives in
government officials, does not specify any the 1995 election depends on the
particular date or time when the candidate must circumstances.
possess citizenship. (Frivaldo v. COMELEC,
G.R. No. 120295, June 28,1996) If X was an Illegitimate child, he is not qualified
to run for the House of Representatives.
(b) A resident of the locality? Explain. According to the case of in re Mallare, 59 SCRA
45, an illegitimate child follows the citizenship of
SUGGESTED ANSWER: the mother. Since the mother of X is a Mexican,
Under Section 39 of the Local Government he will be a Mexican citizen if he is an
Code, an individual must possess the residency illegitimate child, even if his father is a Filipino.
requirement in the locality where he intends to
run at least one year immediately preceding the If X is a legitimate child, he is a Filipino citizen.
day of election. Under Section 2(2), Article IV of the
Constitution, those whose fathers are citizens of
Status; Illegitimate Child (1990) the Philippines are Filipino citizens. Since X
No. 3: Y was elected Senator in the May 1987 was born in the United States, which follows jus
national elections. He was born out of wedlock soli, X is also an American citizen. In
in 1949 of an American father and a naturalized accordance with Aznar vs. Commission, on
Filipina mother. Y never elected Philippine Elections, 185 SCRA 703, the mere fact a
citizenship upon reaching the age of majority. person with dual citizenship registered as an
(1) Before what body should T, the losing alien with the Commission on Immigration and
candidate, question the election of Y? Deportation does not necessarily mean that he
State the reasons for your answer. is renouncing his Philippine citizenship.
(2) Is Y a Filipino citizen? Explain your Likewise, the mere fact that X used an
answer. American passport did not result in the loss of
SUGGESTED ANSWER: his Philippine citizenship. As held in Kawakita
(1) T, the losing candidate, should question the vs. Untied States, 343 U.S. 717, since a person
election of Y before the Senate Electoral with dual citizenship has the rights of citizenship
Tribunal, .... in both countries, the use of a passport issued
by one country is not inconsistent with his
(2) Yes, Y is a Filipino citizen. More than that he citizenship in the other country.
is a natural born citizen of the Philippines ALTERNATIVE ANSWER:
qualified to become a Senator. Since Y is an If X has taken an oath of allegiance to the U.S.
illegitimate child of a Filipino mother, he follows he will be deemed to have renounced his
the citizenship of his mother. He need not elect Philippine citizenship. Consequently, he is
Philippine citizenship upon reaching the age of disqualified to run for the House of
majority as held In re Mallare. 59 SCRA 45. In Representatives.
Osias v. Antonino, Electoral Case No. 11,
August 6, 1971, the Senate Electoral Tribunal Status; Legitimate Child (2003)
held that the illegitimate child of an alien father No IV - Miguel Sin was born a year ago in
and a Filipino mother is a Filipino citizen and is China to a Chinese father and a Filipino mother
qualified to be a Senator. His parents met in Shanghai where they were

lawfully married just two years ago. Is Miguel of public funds by PAGCOR, not being made
Sin a Filipino citizen? pursuant to an appropriation made by law,
SUGGESTED ANSWER: violates the Constitution.
Miguel Sin is a Filipino citizen because he is the
legitimate child of a Filipino mother. Under Appropriation of Public Funds; Debt
Article IV, Section 4 of the 1987 Constitution, Servicing (1992)
his mother retained her Philippine citizenship No 13: Explain how the automatic appropriation
despite her marriage to an alien husband, and of public funds for debt servicing can be
according to Article IV, Section 1(2) of the 1987 reconciled with Article VI, Section 29(1) of the
Constitution, children born of a Filipino mother Constitution. Said provision says that "no
are Filipino citizens. money shall be paid out of the Treasury except
in pursuance of an appropriation made by law".
Ways of Reacquiring Citizenship (2000) SUGGESTED ANSWER:
No XVIII. - Cruz, a Filipino by birth, became an As stated in Guingona vs. Carague, 196 SCRA
American citizen. In his old age he has returned 221, the presidential decrees providing for the
to the country and wants to become a Filipino appropriation of funds to pay the public debt do
again. As his lawyer, enumerate the ways by not violate Section 29(1), Article VI of the
which citizenship may be reacquired. (2%) Constitution. They provide for a continuing
SUGGESTED ANSWER: appropriation, there is no constitutional
Cruz may reacquire Philippine citizenship in the prohibition against this. The presidential
following ways: decrees appropriate as much money as is
1. By naturalization; needed to pay the principal, interest, taxes and
2. By repatriation pursuant to Republic Act No. other normal banking charges on the loan.
8171; and Although no specific amounts are mentioned,
3. By direct act of Congress (Section 2 of the amounts are certain because they can be
Commonwealth Act No. 63). computed from the books of the National
Treasury.
ARTICLE VI Legislative
Appropriation of Public Funds; Public
Department Purposes (1988)
No. 7: - Tawi-Tawi is a predominantly Moslem
Appropriation of Public Funds (1988) province. The Governor, the Vice-Governor,
No. 6: - Metropolitan newspapers have reported and members of its Sangguniang Panlalawigan
that the Philippine Games and Amusement are all Moslems. Its budget provides the
Corporation (PAGCOR) gives hefty Governor with a certain amount as his
contributions to Malacanang, to fund "socio- discretionary funds. Recently, however, the
economic and civic projects" of the President, Sangguniang Panlalawigan passed a resolution
The reports add that for 1988 alone, some six appropriating P100,000 as a special
hundred million (P600M) pesos have already discretionary fund of the Governor, to. be spent
been earmarked for remittance to the Office of by him in leading a pilgrimage of his
the President. PAGCOR had also been provincemates to Mecca, Saudi Arabia, Islam's
reported to have funded, as coordinated by a holiest city.
Congressman from Mindanao, special projects
of quite a number of members of the House of Philconsa, on constitutional grounds, has filed
Representatives. suit to nullify the resolution of the Sangguniang
Panlalawigan giving the special discretionary
Assuming that money earned by PAGCOR from fund to the Governor for the stated purpose.
its operations are public funds, are such How would you decide the case? Give your
contributions to Malacañang and to certain reasons.
Congressmen and their expenditure as SUGGESTED ANSWER:
reported, legal? Cite constitutional or decisional The resolution is unconstitutional First, it
rules in support of your answer. violates art. VI, sec. 29(2) of the Constitution
SUGGESTED ANSWER: which prohibits the appropriation of public
The contributions made to Malacañang and to money or property, directly or indirectly, for the
certain congressmen are Illegal. Under art. VI, use, benefit or support of any system of
sec. 29(1) no money can be paid out of the religion, and, second, it contravenes art. VI,
Treasury except in pursuance of an sec, 25(6) which limits the appropriation of
appropriation made by law. The disbursement discretionary funds only for public purposes.
The use of discretionary funds for purely Commission on Appointments, Otherwise, the
religious purpose is thus unconstitutional, and Commission on Appointments will have to be
the fact that the disbursement is made by reorganized as often as votes shift from one
resolution of a local legislative body and not by side to another in the House of
Congress does not make it any less offensive to Representatives.
the Constitution. Above all, the resolution
constitutes a clear violation of the Non- Delegation of Powers (2002)
establishment Clause (art. III, sec. 5) of the No XVII. - Suppose that Congress passed a law
Constitution. creating a Department of Human Habitat and
authorizing the Department Secretary to
Commission on Appointments (2002) promulgate implementing rules and regulations.
No III - Suppose there are 202 members in the Suppose further that the law declared that
House of Representatives. Of this number, 185 violation of the implementing rules and
belong to the Progressive Party of the regulations so issued would be punishable as a
Philippines or PPP, while 17 belong to the crime and authorized the Department Secretary
Citizens Party or CP. How would you answer to prescribe the penalty for such violation. If the
the following questions regarding the law defines certain acts as violations of the law
representation of the House in the Commission and makes them punishable, for example, with
on Appointments? imprisonment of three (3) years or a fine in the
A. A How many seats would the PPP be amount of P10,000.00, or both such
entitled to have in the Commission on imprisonment and fine, in the discretion of the
Appointments? Explain your answer fully. court, can it be provided in the implementing
(5%) rules and regulations promulgated by the
B. Suppose 15 of the CP representatives, while Department Secretary that their violation will
maintaining their party affiliation, entered also be subject to the same penalties as those
into a political alliance with the PPP in order provided in the law itself? Explain your answer
to form the "Rainbow Coalition'' in the fully. (5%)
House. What effect, if any, would this have SUGGESTED ANSWER:
on the right of the CP to have a seat or seats The rules and regulations promulgated by the
in the Commission on Appointments? Secretary of Human Habitat cannot provide that
Explain your answer fully. (5%) the penalties for their violation will be the same
SUGGESTED ANSWER: as the penalties for the violation of the law. As
A. The 185 members of the Progressive Party held in United States v. Barrias, 11 Phil. 327
of the Philippines represent 91.58 per cent of (1908), the fixing of the penalty for criminal
the 202 members of the House of offenses involves the exercise of legislative
Representatives. In accordance with Article power and cannot be delegated. The law itself
VI, Section 18 of the Constitution, it is entitled to must prescribe the penalty.
have ten of the twelve seats in the Commission
on Appointments. Although the 185 members of Delegation of Powers; (Q6-2005)
Progressive Party of the Philippines represent (2) Section 32 of Republic Act No. 4670 (The
10.98 seats in the Commission on Magna Carta for Public School Teachers)
Appointments, under the ruling in Guingona v. reads:
Gonzales, 214 SCRA 789 (1992), a fractional Sec. 32. Penal Provision. — A person who
membership cannot be rounded off to full shall willfully interfere with, restrain or coerce
membership because it will result in over- any teacher in the exercise of his rights
representation of that political party and under- guaranteed by this Act or who shall in any
representation of the other political parties. other manner commit any act to defeat any of
the provisions of this Act shall, upon
B. The political alliance formed by the 15 conviction, be punished by a fine of not less
members of the Citizens Party with the than one hundred pesos nor more than one
Progressive Party of the Philippines will not thousand pesos, or by imprisonment, in the
result in the diminution of the number of seats discretion of the court.
in the Commission on Appointments to which
the Citizens Party is entitled. As held in Is the proviso granting the court the authority to
Cunanan v. Tan, 5 SCRA 1 (1962), a temporary impose a penalty or imprisonment in its
alliance between the members of one political discretion constitutional? Explain briefly. (4%)
party and another political party does not SUGGESTED ANSWER:
authorize a change in the membership of the
The proviso is unconstitutional. Section 32 of when it reaches him except to enforce it. (See
R.A. No. 4670 provides for an indeterminable ITS v. Ang Tang Ho, G.R. No. L-17122,
period of imprisonment, with neither a minimum February 27, 1922)
nor a maximum duration having been set by the
legislative authority. The courts are thus given SUFFICIENT STANDARD TEST. A sufficient
wide latitude of discretion to fix the term of standard is intended to map out the boundaries
imprisonment, without even the benefit of any of the delegate's authority by defining the
sufficient standard, such that the duration legislative policy and indicating the
thereof may range, in the words of respondent circumstances under which it is to be pursued
judge, from one minute to the life span of the and effected; intended to prevent a total
accused. This cannot be allowed. It vests in the transference of legislative power from the
courts a power and a duty essentially legislative legislature to the delegate. The standard is
in nature and which, as applied to this case, usually indicated in the law delegating
does violence to the rules on separation of legislative power. (See Ynot u. Intermediate
powers as well as the non-delegability of Appellate Court, G.R. No. 74457, March 20,
legislative powers. (People v. Judge Dacuycuy, 1987)
G.R. No. L-45127, May 5, 1989)
Discipline; Modes of Removal (1993)
Delegation of Powers; Completeness Test; No. 11: - How may the following be removed
Sufficient Standard Test (Q6-2005) from office:
(1) The two accepted tests to determine 1) Senators & Congressmen
whether or not there is a valid delegation of 2) Judges of lower courts
legislative power are the Completeness 3) Officers and employees in the Civil Service
Test and the Sufficient Standard Test. SUGGESTED ANSWER:
Explain each. (4%) 1) In accordance with Art. III, section 16(3), of
the Constitution, Senators and Congressmen
ALTERNATIVE ANSWER: may be removed by their EXPULSION for
Under the COMPLETENESS TEST, a law must disorderly behavior, with the concurrence of at
be complete in all its terms and provisions when least two-thirds of all the members of the House
it leaves the legislature that nothing is left to the to which they belong. In addition, they may also
judgment of the delegate. The legislature does be removed in consequence of an election
not abdicate its functions when it describes contest filed with the Senate or House of
what job must be done, who is to do it, and Representatives Electoral Tribunal.
what is the scope of his authority. However, a
delegation of power to make the laws which 2) As to Judges, Art. VIII, sec. 11 of the
necessarily involves a discretion as to what it Constitution, ....
shall be may not constitutionally be done. (Edu
v. Ericta, G.R. No. L-32096, October 24, 1970) 3) As to Civil Service Employees, Art. IX-B.
Sec. 2(3) of the Constitution....
Under the SUFFICIENCY OF STANDARDS
TEST, the statute must not only define a Discipline; Suspension of a Member of the
fundamental legislative policy, mark its limits Congress (2002)
and boundaries, and specify the public agency No II. - Simeon Valera was formerly a Provincial
to exercise the legislative power. It must also Governor who ran and won as a Member of the
indicate the circumstances under which the House of Representatives for the Second
legislative command is to be effected. To avoid Congressional District of lloilo. For violation of
the taint of unlawful delegation, there must be a Section 3 of the Anti-Graft and Corrupt
standard, which implies at the very least that Practices Act (R.A. No.3019), as amended,
the legislature itself determines matters of allegedly committed when he was still a
principle and lays down fundamental policy. Provincial Governor, a criminal complaint was
(Free Telephone Workers Union v. Minister of filed against him before the Office of the
Labor, G.R. No. L-58184, October 30, 1981) Ombudsman for which, upon a finding of
probable cause, a criminal case was filed with
ALTERNATIVE ANSWER: the Sandiganbayan. During the course of trial,
COMPLETENESS TEST. The law must be the Sandiganbayan issued an order of
complete in all its essential terms and preventive suspension for 90 days against him.
conditions when it leaves the legislature so that
there will be nothing left for the delegate to do
Representative Valera questioned the validity of was a de facto officer while he was in
the Sandiganbayan order on the ground that, possession of the office. To allow AVE to collect
under Article VI, Section 16(3) of the the salaries and allowances will result in making
Constitution, he can be suspended only by the the government pay a second time. (Mechem,
House of Representatives and that the criminal A Treatise on the Law of Public Offices and
case against him did not arise from his Public Officers, [1890] pp. 222-223.)
actuations as a member of the House of
Representatives. Is Representative Valera's BART is not required to refund to the
contention correct? Why? (5%) government the salaries and allowances he
SUGGESTED ANSWER: received. As a de facto officer, he is entitled to
The contention of Representative Valera is not the salaries and allowances because he
correct As held in Santiago v. Sandiganbayan, rendered services during his incumbency.
356 SCRA 636, the suspension contemplated (Rodriguez v. Tan, 91 Phil. 724 [1952])
in Article VI, Section 16(3) of the Constitution is
a punishment that is imposed by the Senate or The bills which BART alone authored and were
House of Representatives upon an erring approved by the House of Representatives are
member, it is distinct from the suspension under valid because he was a de facto officer during
Section 13 of the Anti-Graft and Corrupt his incumbency. The acts of a de facto officer
Practices Act, which is not a penalty but a are valid insofar as the public is concerned.
preventive measure. Since Section 13 of the (People v. Garcia, 313 SCRA 279 [1999]).
Anti-Graft and Corruption Practices Act does
not state that the public officer must be Electoral Tribunal; HRET Members’ Right &
suspended only in the office where he is Responsibilities (2002)
alleged to have committed the acts which he No IV. In an election case, the House of
has been charged, it applies to any office which Representatives Electoral Tribunal rendered a
he may be holding. decision upholding the election protest of
protestant A, a member of the Freedom Party,
Elected Official; De Facto Officer (2004) against protestee B, a member of the Federal
(10-b) AVE ran for Congressman of QU Party. The deciding vote in favor of A was cast
province. However, his opponent, BART, was by Representative X, a member of the Federal
the one proclaimed and seated as the winner of Party .
the election by the COMELEC. AVE filed
seasonably a protest before HRET (House of For having voted against his party mate,
Representatives Electoral Tribunal). After two Representative X was removed by Resolution
years, HRET reversed the COMELEC's of the House of Representatives, at the
decision and AVE was proclaimed finally as the instance of his party (the Federal Party), from
duly elected Congressman. Thus, he had only membership in the HRET. Representative X
one year to serve in Congress. protested his removal on the ground that he
voted on the basis of the evidence presented
Can AVE collect salaries and allowances from and contended that he had security of tenure as
the government for the first two years of his a HRET Member and that he cannot be
term as Congressman? removed except for a valid cause.
Should BART refund to the government the With whose contention do you agree, that of the
salaries and allowances he had received as Federal Party or that of Representative X?
Congressman? Why? (5%)
SUGGESTED ANSWER:
What will happen to the bills that BART alone I agree with the contention of Representative X.
authored and were approved by the House of As held In Bondoc v. Pineda, 201 SCRA 792
Representatives while he was seated as (1991), the members of the House of
Congressman? Reason and explain briefly. Representatives Electoral Tribunal are entitled
(5%) to security of tenure like members of the
judiciary. Membership in it may not be
SUGGESTED ANSWER: terminated except for a just cause. Disloyalty to
AVE cannot collect salaries and allowances party is not a valid ground for the expulsion of a
from the government for the first two years of member of the House of Representatives
his term, because in the meanwhile BART Electoral Tribunal. Its members must discharge
collected the salaries and allowances. BART their functions with impartiality and
independence from the political party to which agreement must be concurred in by at least
they belong. two-thirds of all the Members of the Senate.
Electoral Tribunal; Senate; Jurisdiction Section 4, Article XVIII of the Constitution

(1990) provides: "All existing treaties or international
No. 3: Y was elected Senator in the May 1987 agreements which have not been ratified shall
national elections. He was born out of wedlock not be renewed or extended without the
in 1949 of an American father and a naturalized concurrence of at least two-thirds of all the
Filipina mother. Y never elected Philippine Members of the Senate.”
citizenship upon reaching the age of majority.
Before what body should T, the losing Investigations in Aid of Legislation (1992)
candidate, question the election of Y? No. 8: A case was filed before the
State the reasons for your answer. Sandiganbayan regarding a questionable
Is Y a Filipino citizen? Explain your answer. government transaction. In the course of the
SUGGESTED ANSWER: proceedings, newspapers linked the name of
(1) T, the losing candidate, should question the Senator J. de Leon to the scandal.
election of Y before the Senate Electoral
Tribunal, because the issue involved is the Senator de Leon took the floor of the Senate to
qualification of Y to be a Senator. Section 17, speak on a "matter of personal privilege" to
Article VI of the 1987 Constitution provides that. vindicate his honor against those "baseless and
The Senate and the House of Representatives malicious" allegations. The matter was referred
shall each-have an Electoral Tribunal which to the Committee on Accountability of Public
shall be the sole judge of all contests relating to Officers, which proceeded to conduct a
the election, returns, and qualifications of their legislative inquiry. The Committee asked Mr.
respective Members." Vince Ledesma, a businessman linked to the
transaction and now a respondent before the
(2) Yes, Y is a natural born Filipino citizen. .... Sandiganbayan, to appear and to testify before
the Committee.
Foreign Affairs; Role of House of Rep (1996)
No. 7: 5) Can the House of Representatives Mr Ledesma refuses to appear and file suit
take active part in the conduct of foreign before the Supreme Court to challenge the
relations, particularly in entering into treaties legality of the proceedings before the
and international agreements? Explain. Committee. He also asks whether the
SUGGESTED ANSWER: Committee had the power to require him to
No, the House of Representatives cannot take testify.
active part in the conduct of foreign relations,
particularly in entering into treaties and Identify the issues Involved and resolve them.
international agreements. As held in United SUGGESTED ANSWER:
States vs. Curtiss-Wright Export Corporation, The issues involved in this case are the
299 U.S. 304, the President alone is the following:
representative of the nation in the conduct of 1. Whether or not the Supreme Court has
foreign affairs. Although the Senate has the jurisdiction to entertain the case;
power to concur in treaties, the President alone 2. Whether or not the Committee on
negotiates treaties and Congress is powerless Accountability of Public Officers has the
to intrude into this. However, if the matter power to investigate a matter which is
involves a treaty or an executive agreement, involved in a case pending in court; and
the House of Representatives may pass a 3. Whether or not the petitioner can invoke his
resolution expressing its views on the matter. right against self-incrimination.
Foreign Affairs; Role of Senate (1994) All these Issues were resolved in the case of
No. 13: 1) Under the Constitution, what is the Bengzon vs. Senate Blue Ribbon Committee,
role of the Senate in the conduct of foreign 203 SCRA 767.
affairs?
SUGGESTED ANSWER: The Supreme Court has jurisdiction over the
The Senate plays a role in the conduct of case (determination of grave abuse of
foreign affairs, because of the requirement in discretion)....
Section 21, Article VII of the Constitution that to
be valid and effective a treaty or international
The Committee on Accountability of Public measure if the appropriation of public funds is
Officers has no power to investigate the not its principal purpose and the appropriation
scandal. (no judicial functions)... is only incidental to some other objective.
The petitioner can invoke his right against self- Law-Making; Appropriation Law; Automatic
incrimination, because this right is available in Renewal & Power of Augmentation (1998)
all proceedings. Since the petitioner is a No XI. - Suppose the President submits a
respondent in the case pending before the budget which does not contain provisions for
Sandiganbayan, he may refuse to testify. CDF (Countrywide Development Funds),
popularly known as the pork barrel, and
Law Making; Process & Publication (1993) because of this Congress does not pass the
No. 2; Ernest Cheng, a businessman, has no budget.
knowledge of legislative procedure. Cheng 1. Will that mean paralization of government
retains you as his legal adviser and asks operations in the next fiscal year for lack of an
enlightenment on the following matters: appropriation law? (2%)
(1) When does a bill become a law even
without the signature of the President? 2. Suppose in the same budget, there is a
(2) When does the law take effect? special provision in the appropriations for the
SUGGESTED ANSWER: Armed Forces authorizing the Chief of Staff,
1) Under Section 27(1), Article VI of the AFP, subject to the approval of the Secretary of
Constitution, a bill becomes a law even without National Defense, to use savings in the
the signature of the President if he vetoed it but appropriations provided thereto to cover up
his veto was overriden by two-thirds vote of all whatever financial losses suffered by the AFP
the members of both the Senate and the House Retirement and Separation Benefits System
of Representatives and If the President failed to (RSBS) in the last five (5) years due to alleged
communicate his veto to the House from which bad business judgment. Would you question
the bill originated, within thirty days after the the constitutionality validity of the special
date of receipt of the bill by the President. provision? [3%]
SUGGESTED ANSWER:
2) As held in Tanada vs. Tuvera, 146 SCRA 1. No, the failure of Congress to pass the
446, a law must be published as a condition for budget will not paralyze the operations of the
its effectivity and in accordance with Article 2 of Government.
the Civil Code, it shall take effect fifteen days Section 25(7), Article VI of the Constitution
following the completion of its publication in the provides: "If, by the end of any fiscal year, the
Official Gazette or in a newspaper of general Congress shall have failed to pass the
circulation unless it is otherwise provided. general appropriations bill for the ensuing
(Executive Order No. 292, Revised fiscal year, the general appropriations law for
Administrative Code of 1989) the preceding fiscal year shall be deemed
reenacted and shall remain in force and effect
Law-Making; Appropriation Bill (1996) until the general appropriations bill is passed
No 5: Are the following bills filed in Congress by the Congress.
constitutional?
A bill originating from the Senate which SUGGESTED ANSWER:
provides for the creation of the Public Utility 2. Yes, the provision authorizing the Chief of
Commission to regulate public service Staff, with the approval of the Secretary of
companies and appropriating the initial funds National Defense, to use savings to cover the
needed to establish the same. Explain. losses suffered by the AFP Retirement and
SUGGESTED ANSWER: Separation Benefits System is unconstitutional.
A bill providing for the creation of the Public
Utility Commission to regulate public service Section 25(5], Article VI of the Constitution
companies and appropriating funds needed to provides:
establish it may originate from the Senate. It is "No law shall be passed authorizing any
not an appropriation bill, because the transfer of appropriations; however, the
appropriation of public funds is not the principal President, the President of the Senate, the
purpose of the bill. In Association of Small Speaker of the House of Representatives, the
Landowners of the Philippines, Inc. vs. Chief Justice of the Supreme Court, and the
Secretary of Agrarian Reform 175 SCRA 343, it heads of Constitutional Commissions may, by
was held that a law is not an appropriate law, be authorized to augment any item in the
general appropriation law for their respective entered into by the President. The bill contains
offices from savings in other Items of their the guidelines to be followed by the commission
respective appropriations." In the discharge of its functions. Explain.
SUGGESTED ANSWER:
In Philippine Constitution vs Enriquez, 235 A bill creating a joint legislative-executive
SCRA 506, 544, the Supreme Court held that a commission to give, on behalf of the Senate, its
provision in the General Appropriation Act advice, consent and concurrence to treaties
authorizing the Chief of Staff to use savings to entered into by the President. The Senate
augment the funds of the AFP Retirement and cannot delegate this function to such a
Separation Benefits Systems was commission, because under Section 21, Article
unconstitutional. "While Section 25(5) allows as VII of the Constitution, the concurrence of at
an exception the realignment of savings to least two-thirds of the Senate itself is required
augment items in the general appropriations for the ratification of treaties.
law for the executive branch, such right must
and can be exercised only by the President Law-Making; Overriding the Presidential
pursuant to a specific law." Veto (1991)
No. 2: The President signs into law the
Law-Making; Appropriation Law; Rider Appropriations Act passed by Congress but she
Provision (2001) vetoes separate items therein, among which is
No VII - Suppose that the forthcoming General a provision stating that the President may not
Appropriations Law for Year 2002, in the portion increase an item of appropriation by transfer of
pertaining to the Department of Education, savings from other items.
Culture and Sports, will contain a provision to
the effect that the Reserve Officers Training The House of Representatives chooses not to
Course (ROTC) in all colleges and universities override this veto. The Senate, however,
is hereby abolished, and in lieu thereof all male proceeds to consider two options: (1) to
college students shall be required to plant ten override the veto and (2) to challenge the
(10) trees every year for two (2) years in areas constitutionality of the veto before the Supreme
to be designated by the Department of Court.
Environment and Natural Resources in a) Is option (1) viable? If so. what is the vote
coordination with the Department of Education, required to override the veto?
Culture and Sports and the local government b) Is option (2) viable? If not. why not? If
unit concerned. It further provides that the same viable, how should the Court decide the
provision shall be incorporated In future case?
General appropriations Acts. There is no SUGGESTED ANSWER:
specific item of appropriation of funds for the (a) Option 1 is not viable in as much as the
purpose.Comment on the constitutionality of House of Representatives, from which the
said provision. (5%) Appropriations Act originated and to which the
SUGGESTED ANSWER: President must have returned the law, is
The provision is unconstitutional, because it is a unwilling to override the presidential veto. There
rider. Section 25(2), Article VI of the is, therefore, no basis for the Senate to even
Constitution provides, "No provision or consider the possibility of overriding the
enactment shall be embraced in the general President's veto. Under the Constitution the
appropriations bill unless it relates specifically vote of two-third of all the members of the
to some particular appropriation therein." The House of Representatives and the Senate,
abolition of the Reserve Officers Training voting separately, will be needed to override the
Course involves a policy matter. As held in presidential veto.
Philippine Constitution Association vs.
Enriquez, 235 SCRA 506 (1994), this cannot be (b) It is not feasible to question the
incorporated in the General Appropriations Act constitutionality of the veto before the Supreme
but must be embodied in a separate law. Court. In Gonzales vs. Macaraig, 191 SCRA
152, the Supreme Court upheld the
Law-Making; Foreign Affairs; Treaties (1996) constitutionality of a similar veto. Under Article
No 5: Are the following bills filed in Congress VI, Sec. 27(2) of the Constitution, a distinct and
constitutional? severable part of the General Appropriations
2) A bill creating a joint legislative-executive act may be the subject of a separate veto.
commission to give, on behalf of the Senate, its Moreover, the vetoed provision does not relate
advice, consent and concurrence to treaties to any particular appropriation and is more an
expression of a congressional policy in respect (1) The contention of X Corporation should be
of augmentation from savings than a budgetary rejected. Executive Orders Nos. 1, 2 and 14
provision. It is therefore an inappropriate were issued in 1986. At that time President
provision and it should be treated as an item for Corazon Aquino exercised legislative power
purposes of the veto power of the President. Section 1, Article II of the Provisional
Constitution established by Proclamation No, 3,
The Supreme Court should uphold the validity provided:
of the veto in the event the question is brought "Until a legislature is elected and convened
before it. under a new constitution, the President shall
continue to exercise legislative power."
Law-Making; Passage of a Law (1988)
No. 12: - 2. A bill upon filing by a Senator or a Likewise, Section 6, Article XVIII of the 1987
Member of the House of Representatives goes Constitution reads:
through specified steps before it leaves the The incumbent President shall continue to
House of Representatives or the Senate, as the exercise legislative power until the first
case may be. After leaving the legislature, Congress is convened."
please name the three methods by which said
bill may become a law. In the case of Kapatiran ng mga Naglilingkod sa
SUGGESTED ANSWER: Pama-halaan ng Pilipinas. Inc. v. Tan, 163
A bill passed by Congress may become a law in SCRA 371. the Supreme Court ruled that the
any of the following cases: Provisional Constitution and the 1987
If it is signed into law by the President. (Art. VI, Constitution, both recognized the power of the
sec. 27(1)). president to exercise legislative powers until the
first Congress created under the 1987
If it is re-passed over the President's veto by Constitution was convened on July 27, 1987.
the vote of two thirds of all the members of (2) Executive Orders Nos. 1, 2 and 14 are not
the House of Representatives and of the bills of attainder. ....
Senate. (Id.)
Legislative Powers (1989)
If the President fails to veto it within thirty days No. 14: An existing law grants government
after receipt thereof and communicate the employees the option to retire upon reaching
veto to the House from which it originated, the age of 57 years and completion of at least
(Id.) 30 years of total government service. As a fiscal
retrenchment measure, the Office of the
Legislative Power; Pres. Aquino’s Time President later issued a Memorandum Circular
(1990) requiring physical incapacity as an additional
No. 1; - Executive Orders Nos. 1 and 2 issued condition for optional retirement age of 65
by President Corazon C. Aquino created the years. A government employee, whose
Presidential Commission on Good Government application for optional retirement was denied
(PCGG) and empowered it to sequester any because he was below 65 years of age and
property shown prima facie to be ill-gotten was not physically incapacitated, filed an action
wealth of the late President Marcos, his in court questioning the disapproval of his
relatives and cronies. Executive Order No. 14 application claiming that the Memorandum
vests on the Sandiganbayan jurisdiction to try Circular is void. Is the contention of the
hidden wealth cases. On April 14, 1986, after employee correct? Explain.
an investigation, the PCGG sequestered the SUGGESTED ANSWER:
assets of X Corporation, Inc. Yes, the contention of the employee is correct.
X Corporation, Inc. claimed that President In Marasigan vs. Cruz, 150 SCR A 1, it was
Aquino, as President, could not lawfully held that such a memorandum circular is void.
issue Executive Orders Nos. 1, 2 and 14, By introducing physical capacity as an
which have the force of law, on the ground additional condition for optional retirement, the
that legislation is a function of Congress. memorandum circular tried to amend the law.
Decide. Such a power is lodged with the legislative
Said corporation also questioned the validity of branch and not with the executive branch.
the three executive orders on the ground
that they are bills of attainder and, Loans Extended to Members of Congress
therefore, unconstitutional. Decide. (1991)
SUGGESTED ANSWER:
No. 9: A. After 2 February 1987, the Philippine (1) To act as national board of canvassers for
National Bank (PNB) grants a loan to President and Vice President. (Art. VII, sec. 4).
Congressman X. Is the loan violative of the
Constitution? (2) To decide whether the President is
temporarily disabled in the event he
Suppose the loan had instead been granted reassumes his office after the Cabinet, by a
before 2 February 1987, but was outstanding majority of vote of its members, declared
on that date with a remaining balance on the that he is unable to discharge the powers
principal in the amount of P50,000.00, can the and duties of his office and now within five
PNB validly give Congressman X an extension days insists that the President is really
of time after said date to settle the obligation? unable to discharge the powers and duties
SUGGESTED ANSWER: of the presidency. (Art. VII, sec. 11)
A. Whether or not the loan is violative of the
1987 Constitution depends upon its purpose. If (3) To concur in the grant of amnesty by the
it was obtained for a business purpose, it is President. (Art. VII, sec. 19),
violative of the Constitution. If it was obtained
for some other purpose, e.g., for housing. It is (4) To initiate through the House of
not violative of the Constitution because under Representatives and, through the Senate,
Section 16, Article XI. Members of Congress to try all cases of impeachment against the
are prohibited from obtaining loans from President, Vice President, the Members of
government-owned banks only if it is for a the Supreme Court, the Members of the
business purpose. Constitutional Commissions and the
Ombudsman, for culpable violation of the
If the loan was granted before the effectivity of Constitution, treason, bribery, graft and
the Constitution on February 2, 1987, the corruption, other high crimes, or betrayal of
Philippine National Bank cannot extend its public trust. (Art. XI, secs. 2-3).
maturity after February 2, 1987, if the loan was
obtained for a business purpose. In such a case (5) To act as a constituent assembly for the
the extension is a financial accommodation revision or amendment of the Constitution.
which is also prohibited by the Constitution. (Art. XVII).
Multi-Party System (1999) Non-Legislative Powers; Emergency

No XIV - Discuss the merits and demerits of the Powers; Requisites (1997)
multi-party system. (2%) No. 11: During a period of national emergency.
SUGGESTED ANSWER: Congress may grant emergency powers to the
A multi-party system provides voters with a President, State the conditions under which
greater choice of candidates, ideas, and such vesture is allowed.
platforms instead of limiting their choice to two SUGGESTED ANSWER:
parties, whose ideas may be sterile. It also Under Section 23(2), Article VI of the
leaves room for deserving candidates who are Constitution. Congress may grant the President
not acceptable to those who control the two emergency powers subject to the following
dominant parties to seek public office. conditions:
(1) There is a war or other national emergency:
On the other hand, a multi-party system may (2) The grant of emergency powers must be for
make it difficult to obtain a stable and workable a limited period;
majority, since probably no party will get a (3) The grant of emergency powers is subject
majority. Likewise, the opposition will be to such restrictions as Congress may
weakened if there are several minority parties. prescribe; and
(4) The emergency powers must be exercised
Non-Legislative Powers (1988) to carry out a declared national policy.
No. 12: Legislative powers had been vested by
the Constitution in the Congress of the Prohibitions and Inhibitions of Public Office
Philippines. In addition, the Constitution also (2004)
granted the lawmaking body, non-legislative (3-a) JAR faces a dilemma: should he accept a
powers. Kindly name five of the latter. Cabinet appointment now or run later for
SUGGESTED ANSWER: Senator? Having succeeded in law practice as
Congress has the following non-legislative well as prospered in private business where he
powers: and his wife have substantial investments, he
now contemplates public service but without Assume that you are a member of the House
losing the flexibility to engage in corporate Electoral Tribunal where the petition for Brown's
affairs or participate in professional activities ouster is pending. How would you decide the
within ethical bounds. three issues raised against him?
SUGGESTED ANSWER:
Taking into account the prohibitions and The first and third grounds have no merit. But
inhibitions of public office whether as Senator or the second is well taken and, therefore, Brown
Secretary, he turns to you for advice to resolve should be disqualified.
his dilemma. What is your advice? Explain 1. Robert Brown is a natural born citizen of the
briefly. (5%) Philippines. A person born of a Filipino mother
SUGGESTED ANSWER: and an alien father before January 17, 1973,
I shall advise JAR to run for SENATOR. As a who thereafter upon reaching the age of
Senator, he can retain his investments in his majority elect Philippine citizenship, is a citizen
business, although he must make a full of the Philippines (Art. IV, sec. 1(3)). Under Art.
disclosure of his business and financial IV, sec, 2 he is also deemed a natural-born
interests and notify the Senate of a potential citizen.
conflict of interest if he authors a bill. (Section
12, Article VI of the 1987 Constitution.) He can 2. The Constitution requires, among other
continue practicing law, but he cannot things, that a candidate for member of the
personally appear as counsel before any court House of Representatives must be at least 25
of justice, the Electoral Tribunals, or quasi- years of age "on the day of the election." (Art.
judicial and other administrative bodies. VI, sec. 6). As Brown was born on May 15,
(Section 14, Article VI of the 1987 Constitution.) 1962, he did not become 25 years old until May
15, 1987. Hence on May 11, 1987, when the
As a member of the Cabinet, JAR cannot election was held, he was 4 days short of the
directly or indirectly practice law or participate in required age.
any business. He will have to divest himself of
his investments in his business. (Section 13, 3. The Constitution provides that those who
Article VII of the 1987 Constitution.) In fact, the seek either to change their citizenship or to
Constitutional prohibition imposed on members acquire the status of an immigrant of another
of the Cabinet covers both public and private country "during their tenure" shall be dealt with
office or employment. (Civil Liberties Union v. by law (Art. XI, sec. 17). The provision cannot
Executive Secretary, 194 SCRA 317) apply to Brown for the following reasons: First,
Brown is in addition an American citizen and
Qualifications; Congressmen (1988) thus has a dual citizenship which is allowed by
No. 13: - Robert Brown was born in Hawaii on the Constitution. (Cf. Art. IV, sec. 4), Second,
May 15, 1962, of an American father and a Brown did not seek to acquire the status of an
Filipina mother. On May 16, 1983 while holding immigrant, but is an American by birth under
an American passport, he registered as a the principle of jus soli obtaining in the United
Filipino with the Philippine Consulate at States. Third, he did not seek to change his
Honolulu, Hawaii. In September, 1983 he status during his tenure as a public officer.
returned to the Philippines, and took up Fourth, the provision of Art. XI, sec. 17 is not
residence at Boac, Marinduque, hometown of self-executing but requires an implementing
his mother. He registered as a voter, voted, and law. Fifth, but above all, the House Electoral
even participated as a leader of one of the Tribunal has no jurisdiction to decide this
candidates in that district in the 1984 Batasan question since it does not concern the
elections. In the elections of 1987, he ran for qualification of a member-elect.
Congressman, and won. His sole opponent is
now questioning his qualifications and is trying Qualifications; Congressmen; (1993)
to oust him on two basic claims: No. 1: In 1964. Ruffa, a Filipina domestic helper
He is not a natural born Filipino citizen, but is in working in Hongkong, went to Taipei for a
fact, an American, born in Hawaii, an vacation, where she met Cheng Sio Pao. whom
integral portion of the U.S.A., who holds an she married. Under Chinese Law, Ruffa
American passport; automatically became a Chinese citizen. The
He did not meet the age requirement; and couple resided in Hongkong, where on May 9,
He has a "green card" from the U.S. 1965, Ruffa gave birth to a boy named Ernest.
Government. Upon reaching the age of majority, Ernest
elected Philippine citizenship. After the EDSA
Revolution, Ernest decided to live permanently Philippine citizenship upon reaching the age of
in the Philippines, where he prospered as a majority to be considered a natural born citizen
businessman. During the May 11, 1993 and qualified to run for Congress. Republic Act
election, Ernest ran and won as a No. 6809 reduced the majority age to eighteen
congressman. His opponent, noting Ernest's (18) years. Cuenco v. Secretary of Justice, 5
Chinese ancestry, filed a petition to disqualify SCRA 108 recognized three (3) years from
the latter on the following grounds; (1) Ernest reaching the age of majority as the reasonable
Cheng is not a natural bom Filipino; and (2) he period for electing Philippine citizenship. Since
is underaged. Decide. Republic Act No. 6809 took effect in 1989 and
SUGGESTED ANSWER: there is no showing that Victor Ahmad elected
1) Ernest cannot be disqualified..... Philippine citizenship within three (3) years from
the time he reached the age of majority on
2) Ernest is not under-aged. Having been born December 16, 199C, he is not qualified to run
on May 9, 1965, he was over twenty-five years for Congress.
old on the date of the May 11, 1993 election.
(Election was held on May 11, 1992). Section 6, If he consulted me on December 16, 1991, I
Article VI of the Constitution, requires would inform him that he should elect Philippine
congressmen to be at least twenty-five years of citizenship so that he can be considered a
age on the day of the election. natural born citizen.
Qualifications; Congressmen; (1999) Separation of Powers (1988)

No III - C. Victor Ahmad was born on December No. 25: Can any other department or agency of
16, 1972 of a Filipino mother and an alien the Government review a decision of the
father. Under the law of his father's country, his Supreme Court? Why or why not?
mother did not acquire his father's citizenship. SUGGESTED ANSWER:
Victor consults you on December 21, 1993 and No. The Supreme Court is the highest arbiter of
informs you of his intention to run for Congress legal questions. (Javier v. Comelec, 144 SCRA
in the 1995 elections. Is he qualified to run? 194 (1986)) To allow review of its decision by
What advice would you give him? Would your the other departments of government would
answer be the same if he had seen and upset the classic pattern of separation of
consulted you on December 16, 1991 and powers and destroy the balance between the
informed you of his desire to run for Congress judiciary and the other departments of
in the 1992 elections? Discuss your answer. government. As the Justices said in their
(3%) answer to the complaint for impeachment in the
FIRST ALTERNATIVE ANSWER: Committee on Justice of the House of
C. No, Victor Ahmad is not qualified to run Representatives, "Just as it is completely
for Congress in the 1995 elections. Under unacceptable to file charges against the
Section 6, Article VI of the Constitution, a individual members of Congress for the laws
member of the House of Representatives must enacted by them upon the argument that these
be at least twenty-five (25) years of age on the laws are violative of the Constitution, or are a
day of the election. Since he will be less than betrayal of public trust, or are unjust. So too,
twenty-five (25) years of age in 1995, Victor should it be equally impermissible to make the
Ahmad is not qualified to run. individual members of the Supreme Court
accountable for the court's decisions or rulings.
Under Section 2, Article IV of the Constitution,
to be deemed a natural-born citizen, Victor Separation of Powers (2003)
Ahmad must elect Philippine citizenship upon No II - A group of losing litigants in a case
reaching the age of majority. I shall advise him decided by the Supreme Court filed a complaint
to elect Philippine citizenship, if he has not yet before the Ombudsman charging the Justices
done so, and to wait until the 1998 elections. with knowingly and deliberately rendering an
unjust decision in utter violation of the penal
My answer will be the same if he consulted me laws of the land. Can the Ombudsman validly
in 1991 and informed me of his desire to run in take cognizance of the case? Explain.
the 1992 elections. SUGGESTED ANSWER:
No, the Ombudsman cannot entertain the
SECOND ALTERNATIVE ANSWER: complaint. As stated in the case of In re:
C. Under Section 2, Article IV of the Laureta. 148 SCRA 382 [1987], pursuant to the
Constitution, Victor Ahmad must have elected principle of separation of powers, the
correctness of the decisions of the Supreme Representatives for a third term. This term
Court as final arbiter of all justiciable disputes is should be included in the computation of the
conclusive upon all other departments of the term limits, even if "A" did not serve for a full
government; the Ombudsman has no power to term. (Record of the Constitutional
review the decisions of the Supreme Court by Commission, Vol. n, p. 592.) He remained a
entertaining a complaint against the Justices of Member of the House of Representatives even
the Supreme Court for knowingly rendering an if he was suspended.
unjust decision.
SECOND ALTERNATIVE ANSWER:
Article XI, Section 1 of the 1987 Constitution ARTICLE VII Executive
provides that public officers must at all times be
accountable to the people. Section 22 of the Department
Ombudsman Act provides that the Office of the
Ombudsman has the power to investigate any Appointing Power; Acting vs. Permanent
serious misconduct allegedly committed by Appointment (2003)
officials removable by impeachment for the No V - What is the nature of an "acting
purpose of filing a verified complaint for appointment" to a government office? Does
impeachment if warranted. The Ombudsman such an appointment give the appointee the
can entertain the complaint for this purpose. right to claim that the appointment will, in time,
ripen into a permanent one? Explain.
Three-Term Limit: Congressmen (1996) SUGGESTED ANSWER:
No. 13: - X, a member of the House of According to Sevilla v. Court of Appeals. 209
Representatives, was serving his third SCRA 637 [1992], an acting appointment is
consecutive term in the House. In June 1996 merely temporary. As held in Marohombsar v.
he was appointed Secretary of National Alonto, 194 SCRA 390 [1991], a temporary
Defense. appointment cannot become a permanent
Can he run for election to the Senate in the appointment, unless a new appointment which
1998 elections? Explain. is permanent is made. This holds true unless
SUGGESTED ANSWER: the acting appointment was made because of a
Yes, X can run for the Senate in the 1988 temporary vacancy. In such a case, the
election. Under Section 7, Article X of the temporary appointee holds office until the
Constitution, having served for three assumption of office by the permanent
consecutive terms as Member of the House of appointee.
Representatives. X is only prohibited from
running for the same position. Appointing Power; ad interim appointments
(1991)
Three-Term Limit; Congressmen (2001) No. 3: - On 3 May 1992, while Congress is on a
No V - During his third term, "A", a Member of short recess for the elections, the president
the House of Representatives, was suspended appoints Renato de Silva to the rank of General
from office for a period of 60 days by his (4-star) in the Armed Forces. She also
colleagues upon a vote of two-thirds of all the designates him as Chief of Staff of the AFP. He
Members of the House. In the next succeeding immediately takes his oath and assumes that
election, he filed his certificate of candidacy for office, with the rank of 4-star General of the
the same position. "B", the opposing candidate, AFP.
filed an action for disqualification of "A" on the
ground that the latter's, candidacy violated When Congress resumes its session on 17 May
Section 7. Article VI of the Constitution which 1992, the Commission on Appointments
provides that no Member of the House of informs the Office of the President that it has
Representatives shall serve for more than three received from her office only the appointment of
consecutive terms. "A" answered that he was De Silva to the rank of 4-star General and that
not barred from running again for that position unless his appointment to the Office of the
because his service was interrupted by his 60- Chief of Staff of the AFP is also submitted, the
day suspension which was involuntary. Commission will not act on the matter.
Can 'A', legally continue with his candidacy or is
he already barred? Why? (5%) The President maintains that she has submitted
SUGGESTED ANSWER: to the Commission all that the Constitution calls
"A" cannot legally continue with his candidacy. for.
He was elected as Member of the House of (a) Who is correct?

(b) Did Gen. de Silva violate the Constitution in SUGGESTED ANSWER:
immediately assuming office prior to a 1) A is senior to B. In accordance with the
confirmation of his appointment? ruling in Summers vs. Ozaeta. 81 Phil. 754, the
(c) Are the appointment and designation valid? ad interim appointment extended to A is
SUGGESTED ANSWER: permanent and is effective upon his acceptance
(a) The President is correct. Under Presidential although it is subject to confirmation by the
Decree No. 360, the grade of four-star general Commission on Appointments.
is conferred only upon the Chief of Staff.
Hence, the appointment of Renato de Silva as a 2) If Congress adjourned without the
four-star general must be deemed to carry with appointments of A and B having been
it his appointment as Chief of Staff of the AFP, confirmed by the Commission on Appointments,
A cannot return to his old position. As held in
(b) Gen. Renato de Silva did not violate the Summers vs. Qzaeta, 81 Phil. 754, by
Constitution when he immediately assumed accepting an ad interim appointment to a new
office before the confirmation of his position, A waived his right to hold his old
appointment, since his appointment was an ad position. On the other hand, since B did not
interim appointment. Under Article VI I, Sec. 16 assume the new position, he retained his old
of the Constitution, such appointment is position.
immediately effective and is subject only to
disapproval by the Commission on Appointing Power; Appointments Requiring
Appointments or as a result of the next Confirmation; RA 6975-Unconstitutional
adjournment of the Congress. (2002)
No V - On December 13, 1990, the President
(c) The appointment and designation of Gen. signed into law Republic Act No. 6975
de Silva are valid for reasons given above. (subsequently amended by RA No. 8551)
However, from another point of view they are creating the Department of Interior and Local
not valid because they were made within the Government. Sections 26 and 31 of the law
period of the ban for making appointments. provide that senior officers of the Philippine
Under Article VII, Sec. 15 the President is National Police (PNP), from Senior
prohibited from making appointments within the Superintendent, Chief Superintendent, Deputy
period of two (2) months preceding the election Director General to Director General or Chief of
for President and Vice President. The PNP shall, among others, be appointed by the
appointment in this case will be made on May President subject to confirmation by the
3, 1992 which is just 8 days away from the Commission on Appointments.
election for President and Vice President on
May 11, 1992. For this reason the appointment In 1991 the President promoted Chief
and designation of Gen. de Silva are after all Superintendent Roberto Matapang and Senior
invalid. Superintendent Conrado Mahigpit to the
[Note: May 3, 1991 and May 17, 1992 are positions of Director and Chief Superintendent
Sundays. However the Committee finds no of the PNP, respectively. Their appointments
relevance in the fact that these are holidays
were in a permanent capacity. Without
and therefore decided to ignore this fact.]
undergoing confirmation by the Commission on
Appointing Power; Ad Interim Appointments Appointments, Matapang and Mahigpit took
(1994) their oath of office and assumed their
No. 16; In December 1988, while Congress was respective positions. Thereafter, the
in recess, A was extended an ad interim Department of Budget and Management
appointment as Brigadier General of the authorized disbursements for their salaries and
Philippine Army, in February 1989. When other emoluments.
Congress was in session, B was nominated as
Brigadier General of the Philippine Army. B's Juan Bantay filed a taxpayer's suit questioning
nomination was confirmed on August 5, 1989 the legality of the appointments and
while A's appointment was confirmed on disbursements made. Bantay argues that the
September 5, 1989. appointments are invalid inasmuch as the same
Who is deemed more senior of the two, A or B? have not been confirmed by the Commission on
Suppose Congress adjourned without the Appointments, as required under Sections 26
Commission on Appointments acting on and 31 of R.A. No. 6975.
both appointments, can A and B retain their
original ranks of colonel?
Determine with reasons the legality of the confirmation by the Commission on
appointments and the disbursements for Appointments are
salaries by discussing the constitutional validity the head of executive departments,
of Sections 26 and 31 of R.A. No. 6975. (5%) ambassadors,
SUGGESTED ANSWER: other public ministers and consuls,
The appointments of Matapang and Mahigpit officers of the armed forces from the rank of
are valid even if they were not confirmed by the colonel or naval captain,
Commission on Appointments, because they and other officials whose appointments are
are not among the public officials whose vested in the President by the Constitution.
appointments are required to be confirmed by
the first sentence of Article VII, Section 16 of Appointing Power; Kinds of Appointments
the Constitution. According to Manalo v. (1994)
Sistoza, 312 SCRA 239 (1999), Sections 26 When is an appointment in the civil service
and 31 of Republic Act 6975 are permanent?
unconstitutional, because Congress cannot by Distinguish between an "appointment in an
law expand the list of public officials required to acting capacity" extended by a Department
be confirmed by the Commission on Secretary from an ad interim appointment
Appointments. Since the appointments of extended by the President.
Matapang and Mahigpit are valid, the Distinguish between a provisional and a
disbursements of their salaries and emoluments temporary appointment.
are valid. SUGGESTED ANSWER:
1) Under Section 25(a) of the Civil Service
Appointing Power; Categories of Officials Decree, an appointment in the civil service is
(1999) PERMANENT when issued to a person who
A. 1.) What are the six categories of meets all the requirements for the position to
officials who are subject to the appointing which he is being appointed, including the
power of the President? (2%) appropriate eligibility prescribed, in accordance
with the provisions of law, rules and standards
2.) Name the category or categories of promulgated in pursuance thereof.
officials whose appointments need confirmation
by the Commission on Appointments? (2%) 2) An appointment in an ACTING CAPACITY
extended by a Department Secretary is not
SUGGESTED ANSWER: permanent but temporary. Hence, the
Under Section 16, Article VII of the Constitution, Department Secretary may terminate the
the six categories of officials who are subject to services of the appointee at any time. On the
the appointing power of the President are the other hand, an AD INTERIM APPOINTMENT
following: extended by the President is an appointment
1. Head of executive departments; which is subject to confirmation by the
2. Ambassadors, other public ministers and Commission on Appointments and was made
consuls; during the recess of Congress. As held in
3. Officers of the armed forces from the rank Summers vs. Qzaeta, 81 Phil. 754, an ad
of colonel or naval captain; interim appointment is permanent.
4. Other officers whose appointments are
vested in him by the Constitution; 3) In Section 24 (d) of the Civil Service Act of
5. All other officers of the government whose 1959, a TEMPORARY APPOINTMENT is one
appointments are not otherwise provided by issued to a person to a position needed only for
law; and a limited period not exceeding six months.
6. Those whom he may be authorized by law Under Section 25(b) of the Civil Service
to appoint. (Cruz, Philippine Political Law, Decree, a temporary appointment is one issued
1998 ed., pp. 204-205) to a person who meets all the requirements for
(It is suggested that if the examinee followed the the position to which he is being appointed
classification in Sarmiento v. Mison, 156 SCRA 549
and named only four categories, because he except the appropriate civil service eligibility
combined the first three categories into one, he be because of the absence of appropriate eligibles
given full credit.) and it is necessary in the public Interest to fill
the vacancy.
2.) According to Sarmiento v. Mison, 156 SCRA
549, the only officers whose appointments need On the other hand. Section 24(e) of the Civil
Service Act of 1959 defined a PROVISIONAL
APPOINTMENT as one Issued upon the prior to be finished in not more than six months but
authorization of the Civil Service Commission in because the interest of the service requires that
accordance with its provisions and the rules certain work be done by a regular employee,
and standards promulgated in pursuance only that no one with appropriate eligibility can
thereto to a person who has not qualified in an be appointed to it. Hence, any other eligible
appropriate examination but who otherwise may be appointed to do such work in the
meets the requirements for appointment to a meantime that a suitable eligible does not
regular position in the competitive service, qualify for the position.
whenever a vacancy occurs and the filling
thereof is necessary in the interest of the To be more precise, a provisional appointment
service and there is no appropriate register of may be extended only to a person who has not
eligibles at the time of appointment. qualified in an appropriate examination but who
otherwise meets the requirements for
Provisional appointments in general have appointment to a regular position in the
already been abolished by Republic Act 6040. competitive service, meaning one who must
However, it still applies with regard to teachers any way be a civil service eligible.
under the Magna Carta for Public School
Teachers. In the case of a temporary appointment, all that
ALTERNATIVE ANSWER: the law enjoins is that "preference in filling such
The case of Regis vs. Osmena, 197 SCRA 308, position be given to persons on appropriate
laid down the distinction between a provisional eligible lists." Merely giving preference
and a temporary appointment. presupposes that even a non-eligible may be
appointed. Under the law, even if the appointee
A PROVISIONAL APPOINTMENT is extended has the required civil service eligibility, his
to a person who has not qualified in an appointment is still temporary simply because
appropriate examination but who otherwise such is the nature of the work to be done.
meets the requirements for appointment to a NOTE: Since provisional appointments have
regular position in the competitive service already been abolished examinees should be
given full credit for whatever answer they may
whenever a vacancy occurs and the filling
or may not give.
thereof is necessary in the interest of the
service and there is no appropriate register of Appointing Power; Limitations on
eligible at the time of the appointment. On the Presidential Appointments (1997)
other hand, a TEMPORARY APPOINTMENT No. 7: A month before a forthcoming election,
given to a non-civil service eligible is without a "A" one of the incumbent Commissioners of the
definite tenure and is dependent on the COMELEC, died while in office and "B", another
pleasure of the appointing power. Commissioner, suffered a severe stroke. In
view of the proximity of the elections and to
A provisional appointment is good only until avoid paralyzation in the COMELEC, the
replacement by a civil service eligible and in no President who was not running for any office,
case beyond 30 days from date of receipt by appointed Commissioner C of the Commission
the appointing officer of the certificate of on Audit, who was not a lawyer but a certified
eligibility. (Sec. 24 [c|. Republic Act 2260). public accountant by profession, ad interim
Commissioner to succeed Commissioner A and
A provisional appointment contemplates a designated by way of a temporary measure.
different situation from that of a temporary Associate Justice D of the Court of Appeals as
appointment. Whereas a temporary acting Associate Commissioner during the
appointment is designed to fill a position absence of Commissioner B.
needed only for a limited period not exceeding
six (6) months, a provisional appointment, on Did the President do the right thing in extending
the other hand, is intended for the contingency such ad interim appointment in favor of
that "a vacancy occurs and the filling thereof is Commissioner C and designating Justice D
necessary in the interest of the service and acting Commissioner of the COMELEC?
there is no appropriate register of eligibles at SUGGESTED ANSWER:
the time of the appointment." No. The President was wrong in extending an
ad interim appointment in favor of
In other words, the reason for extending a Commissioner C. In Summers vs. Ozaeta, 81
provisional appointment is not because there is Phil. 754, it was held that an ad interim
an occasional work to be done and is expected appointment is a permanent appointment.
Under Section 15, Article VII of the Constitution, adjournment of Congress. A temporary or
within two months immediately before the next acting appointee does not enjoy any security of
presidential elections and up to the end of his tenure, no matter how briefly. (Matibag v.
term, the President cannot make permanent Benipayo, G.R. No. 149036, April 2, 2002)
appointments. ALTERNATIVE ANSWER:
The designation of Justice D as acting An ad interim appointment is a permanent
Associate Commissioner is also invalid. Section appointment and does not violate Section 1(2),
1(2). Article IX-C of the Constitution prohibits Article IX-C of the Constitution. (Pamantasan
the designation of any Commissioner of the ng Lungsod ng Maynila v. IAC, G.R. No. L-
COMELEC in a temporary or acting capacity. 65439, November 13,1985)
Section 12, Article VIII of the Constitution
prohibits the designation of any member of the (b) Assuming the legality of the first ad
Judiciary to any agency performing quasi- interim appointment and assumption of
judicial or administrative functions. office by Santos, were his second ad
interim appointment and subsequent
Appointing Powers; Ad Interim assumption of office to the same
Appointments (Q4-2005) position violations of the prohibition on
(1) In March 2001, while Congress was reappointment under Section 1(2),
adjourned, the President appointed Santos Article IX-C of the Constitution?
as Chairman of the COMELEC. Santos SUGGESTED ANSWER:
immediately took his oath and assumed No, the second ad interim appointment and
office. While his appointment was promptly subsequent assumption of office does not
submitted to the Commission on violate the Constitution. The prohibition on
Appointments for confirmation, it was not reappointment in Section 1(2), Article IX-C of
acted upon and Congress again adjourned. the Constitution does not apply to by-passed ad
In June 2001, the President extended a interim appointments. It can be revived by a
second ad interim appointment to Santos new ad interim appointment because there is
for the same position with the same term, no final disapproval under Section 16, Article
and this appointment was again submitted VII of the Constitution, and such new
to the Commission on Appointments for appointment will not result in the appointee
confirmation. Santos took his oath anew serving beyond the fixed term of seven years.
and performed the functions of his office. The phrase "without reappointment" applies
only to one who has been appointed by the
Reyes, a political rival, filed a suit assailing President and confirmed by the Commission on
certain orders issued by Santos. He also Appointments, whether or not such person
questioned the validity of Santos' completes his term of office. To hold otherwise
appointment. Resolve the following issues: will lead to absurdities and negate the
(5%) President's power to make ad interim
appointments. (Matibag v. Benipayo, G.R. No.
(a) Does Santos' assumption of office on 149036, April 2, 2002)
the basis of the ad interim appointments
issued by the President amount to a Cabinet Members; limitation on accepting
temporary appointment which is additional duties (1996)
prohibited by Section 1(2), Article IX-C 1996 No. 7: Can the Secretary of Finance be
of the Constitution? elected Chairman of the Board of Directors of
ALTERNATIVE ANSWER: the San Miguel Corporation? Explain.
No, Santos' appointment does not amount to a SUGGESTED ANSWER:
temporary appointment. An ad interim No, the Secretary of Finance cannot be elected
appointment is a permanent appointment Chairman of the Board of Directors of the San
because it takes effect immediately and can no Miguel Corporation. Under Section 13, Article
longer be withdrawn by the President once the VII of the Constitution, members of the Cabinet
appointee has qualified into office. The fact that cannot hold any other office or employment
it is subject to confirmation by the Commission during their tenure unless it is otherwise
on Appointments does not alter its permanent provided in the Constitution. They shall not
character. The Constitution itself makes an ad also during said tenure participate in any
interim appointment permanent in character by business or be financially interested in any
making it effective until disapproved by the contract with, or in any franchise, or special
Commission on Appointments or until the next privilege granted by the Government or any
subdivision, agency or instrumentality thereof, 7. A crime committed during the state of
including government-owned or controlled calamity will be considered aggravated
corporations or their subsidiaries. They shall under Art. 14, par. 7 of the Revised Penal
strictly avoid conflict of interest in the conduct of Code.
their office.
Declaration; State of National Emergency
Calling-out Power; President (Q1-2006) (Q1-2006)
1. What do you mean by the "Calling-out 2. On February 24, 2006, President Gloria
Power" of the President under Section 18, Macapagal-Arroyo issued Proclamation
Article VII of the Constitution? (5%) No. 1017 declaring a state of national
SUGGESTED ANSWER: emergency. Is this Proclamation constitu-
Under Article VII, Sec. 18 of the 1987 tional? Explain. (2.5%)
Constitution, whenever it becomes necessary, SUGGESTED ANSWER:
the President, as Commander-in-Chief, may The proclamation is constitutional insofar as it
call out the armed forces to aid him in constitutes a call by the President for the AFP
preventing or suppressing lawless violence, to prevent or suppress lawless violence as this
invasion or rebellion (David v. Arroyo, G.R. No. is sustained by Section 18, Article VII of the
171396, May 3, 2006). Constitution.
Declaration; State of Calamity; Legal Effects However, PP 1017's provisions giving the
(Q1-2005) President express or implied power (1) to issue
(b) To give the much needed help to the decrees; (2) to direct the AFP to enforce
Province of Aurora which was devastated by obedience to all laws even those not related to
typhoons and torrential rains, the President lawless violence as well as decrees
declared it in a "state of calamity." Give at least promulgated by the President; and (3) to
four (4) legal effects of such declaration. (4%) impose standards on media or any form of prior
SUGGESTED ANSWER: restraint on the press, are ultra vires and
Declaration of a state of calamity produces, unconstitutional. Likewise, under Section 17,
inter alia, these legal effects within the Province Article XII of the Constitution, the President, in
of Aurora — the absence of legislation, cannot take over
1. Automatic Price Control — under R.A. No. privately-owned public utilities and businesses
7581, The Price Act; affected with the public interest (David v.
2. Authorization for the importation of rice Arroyo, G.R. No. 171396, May 3, 2006).
under R.A. No. 8178, The Agricultural
Tarrification Act; 3. During the effectivity of this Proclamation,
3. Automatic appropriation under R.A. No. Gener, Lito and Bong were arrested by
7160 is available for unforeseen the police for acts of terrorism. Is the
expenditures arising from the occurrence of arrest legal? Explain. (2.5%)
calamities in areas declared to be in a state SUGGESTED ANSWER:
of calamity; The arrest, apparently done without a valid
4. Local government units may enact a warrant, is illegal. However, a warrantless
supplemental budget for supplies and arrest would be valid if those accused are
materials or payment of services to prevent caught committing crimes en flagrante delicto.
danger to or loss of life or property, under On the other hand, if the arrest is made
R.A. No. 7160; pursuant to a valid warrant, then it is lawful. The
5. Entitlement to hazard allowance for Public term "acts of terrorism" has not been legally
Health Workers (under R.A. No. 7305, defined and made punishable by Congress. No
Magna Carta for Public Health Workers), law has been enacted to guide the law
who shall be compensated hazard enforcement agents, and eventually the courts,
allowances equivalent to at least twenty-five to determine the limits in making arrests for the
percent (25%) of the monthly basic salary of commission of said acts of terrorism (David v.
health workers receiving salary grade 19 Arroyo, G.R. No. 171396, May 3, 2006).
and below, and five percent (5%) for health Enter into Contract or Guarantee Foreign
workers with salary grade 20 and above; Loans (1994)
6. Entitlement to hazard allowance for science No. 13: The President of the Philippines
and technological personnel of the authorized the Secretary of Public Works and
government under R.A. No. 8439; and Highways to negotiate and sign a loan
agreement with the German Government for
the construction of a dam. The Senate, by a No I - What are the limitations/restrictions
resolution, asked that the agreement be provided by the Constitution on the power of
submitted to it for ratification. The Secretary of Congress to authorize the President to fix tariff
Foreign Affairs advised the Secretary of Public rates, import and export quotas, tonnage and
Works and Highways not to comply with the wharfage dues. Explain. (2%)
request of the Senate. SUGGESTED ANSWER:
2) Is the President bound to submit the According to Section 28(2), Article VI of the
agreement to the Senate for ratification? Constitution, Congress may, by law, authorize
SUGGESTED ANSWER: the President to fix within specified limits, and
No, the President is not bound to submit the subject to such limitations and restrictions it
agreement to the Senate for ratification. Under may impose, tariff rates, import and export
Section 20, Article VII of the Constitution, only quotas, tonnage and wharfage dues and other
the prior concurrence of the Monetary Board is duties or imposts within the framework of the
required for the President to contract foreign national development program of the
loans on behalf of the Republic of the Government.
Philippines.
Martial Law & Suspension of Writ of Habeas
Enter into Contract or Guarantee Foreign Corpus (1987)
Loans (1999) No. XVII: One of the features of the government
No I - What are the restrictions prescribed by established under the 1987 Constitution is the
the Constitution on the power of the President restoration of the principle of checks and
to contract or guarantee foreign loans on behalf balances. This is especially noteworthy in the
of the Republic of the Philippines? Explain. Commander-in-Chief powers of the President
(2%) which substantially affects what was styled
SUGGESTED ANSWER: under the past dispensation as the "calibrated
Under Section 20, Article VII of the Constitution, response" to national emergencies,
the power of the President to contract or (a) Discuss fully the provisions of the 1987
guarantee loans on behalf of the Republic of Constitution, giving the scope, limits and the
the Philippines is subject to the prior role of the principle of checks and balances on
concurrence of the Monetary Board and subject the President's exercise of the power:
to such limitations as may be prescribed by law. To suspend the privilege of the writ of
habeas corpus
Enter into Executive Agreements (2003) Proclamation of martial law.
No XX - An Executive Agreement was executed
between the Philippines and a neighboring (b) Considering the pressing problems of
State. The Senate of the Philippines took it insurgency, rebel activities, liberation
upon itself to procure a certified true copy of the movements and terrorist violence, which in your
Executive Agreement and, after deliberating on considered opinion among the options available
it, declared, by a unanimous vote, that the to the President as Commander-in-Chief would
agreement was both unwise and against the be the most effective in meeting the
best interest of the country. Is the Executive emergencies by the nation? Explain.
Agreement binding (a) from the standpoint of SUGGESTED ANSWER:
Philippine law and (b) from the standpoint of (a) The President's power to suspend the
international law? Explain privilege of the writ of habeas corpus and to
SUGGESTED ANSWER: proclaim martial law is subject to several
(a) From the standpoint of Philippine law, the checks by Congress and by the Supreme
Executive Agreement is binding. According to Court. The President is required to report to
Commissioner of Customs v. Eastern Sea Congress within 48 hours his action in declaring
Trading. 3 SCRA 351 [1961], the President can martial law or suspending the privilege of the
enter into an Executive Agreement without the writ, and Congress is in turn required to
necessity of concurrence by the Senate. convene, if it is not in session, within 24 hours
following the proclamation of martial law or the
(b) The Executive Agreement is also binding suspension of the privilege without need of any
from the standpoint of international law... call, in accordance with its rules. The
proclamation of martial law or suspension of the
Impose Tariff Rates, Import and Export writ is effective for 60 days only, but Congress
Quotas (1999) can cut short its effectivity by revoking the
proclamation by the vote of at least a majority of
all its members, voting, jointly. Any extension of movements, and terrorism is to simply call out
the proclamation of martial law or suspension of the armed forces for the following reasons:
the writ can only be granted by Congress which 1) the exigencies to be met are not solely
will determine also the period of such those caused by invasion or rebellion but
extension. terrorism and other crimes.
2) Suspension of the privilege will only be for
On the other hand, the Supreme Court a limited period and then the period of
exercises a check on Executive action in the retention is limited to 3 days which may not
form of judicial review at the instance of any really be effective. On the other hand,
citizen. The Constitution embodies in this public criticism of the action may only
respect the ruling in Garcia v. Lansang, 42 erode the President's authority.
SCRA 448 (1971) that the Court can determine 3) There is practically little difference, as far
the sufficiency of the factual basis of the as the ability of the President to meet an
proclamation of martial law or the suspension of emergency is concerned, between option
the privilege or the extension thereof not for the 1, on the other hand, the options 2 and 3.
purpose of supplanting the judgment of the
President but to determine whether the latter The President may well take comfort in the
did not act arbitrarily. Indeed, Art. VIII, Sec. 1 following thought: "Government of limited power
imposes upon the courts the duty of need not be anemic government. Assurance
determining whether or not there has been that rights are secure tends to diminish fear and
grave abuse of discretion amounting to lack or jealousy of strong government, and, by making
excess of jurisdiction on the part of the other us feel safe to live under it makes for its better
branches of the government, in this case, the support." (West Vs. State Brd. of Educ. v.
President. Barnette, 319 U.S. 624 (1943))
The President cannot, by means of the Martial Law; Limitations (2000)

proclamation of martial law, suspend the No XVII. Declaring a rebellion, hostile groups
Constitution or supplant the courts and the have opened and maintained armed conflicts
legislature. Neither can he authorize the trial of on the Islands of Sulu and Basilan.
civilians by military tribunals so long as courts a) To quell this, can the President place under
are open and functioning, thus overruling the martial law the islands of Sulu and Basilan?
case of Aquino v. Military Commission No. 2, 63 Give your reasons? (3%)
SCRA 546 (1975). His proclamation of martial b) What are the constitutional safeguards on
law does not carry with it the suspension of the the exercise of the President's power to
writ of habeas corpus, so that the decision on proclaim martial law? (2%)
Aquino v. Ponce Enrile, 59 SCRA 183 (1973) is SUGGESTED ANSWER:
now overruled. Nor does the suspension of the a) If public safety requires it, the President
writ deprive courts of their power to admit can place Sulu and Basilan under martial law
persons to bail, where proper. The Constitution since there is an actual rebellion. Under Section
thus overrules the cases of Garcia-Padilla v. 18, Article VII of the Constitution, the President
Ponce Enrile, 121 SCRA 472 (1983) and can place any part of the Philippines under
Morales v. Ponce Enrile. 121 SCRA 538 (1983). martial law in case of rebellion, when public
safety requires it.
(b) The President has three options: (1) TO
CALL OUT the armed forces to prevent or b) The following are the constitutional
suppress lawless violence, invasion or safeguards on the exercise of the power of the
rebellion; (2) TO SUSPEND the privilege of the President to proclaim martial law:
writ of habeas corpus or (3) TO PROCLAIM a) There must be actual invasion or rebellion;
martial law. The last two options can be b) The duration of the proclamation shall not
resorted to only in cases of invasion or rebellion exceed sixty days:
when public safety requires either the c) Within forty-eight hours, the President shall
supension of the privilege or the proclamation report his action to Congress. If Congress
of martial law. is not in session, it must convene within
twenty-four hours;
It is submitted that the most effective means of d) Congress may by majority vote of all its
meeting the current emergency which is members voting Jointly revoke the
brought about by rebellion, liberation proclamation, and the President cannot set
aside the revocation;
e) By the same vote and in the same manner, suspend the privilege of the writ of habeas
upon Initiative of the President, Congress corpus and the power to impose martial law
may extend the proclamation If the invasion involve the curtailment and suppression of
or rebellion continues and public safety certain basic civil rights and individual
requires the extension; freedoms, and thus necessitate safeguards by
f) The Supreme Court may review the factual Congress and review by the Supreme Court
sufficiency of the proclamation, and the (IBP v. Zamora, G.R. No. 141284, August 15,
Supreme Court must decide the case within 2000).
thirty days from the time it was filed;
g) Martial law does not automatically suspend 3. The Solicitor General argues that, in any
the privilege of the writ of habeas corpus or event, the determination of whether the
the operation of the Constitution. rebellion poses danger to public safety
h) It does not supplant the functioning of the involves a question of fact and the
civil courts and of Congress. Military courts Supreme Court is not a trier of facts. What
have no Jurisdiction over civilians where should be the ruling of the Court? (2.5%)
civil courts are able to function. (Cruz, SUGGESTED ANSWER:
Philippine Political Law, 1995 ed., pp. 213- Judicial power includes the duty of the courts of
214.) justice to settle actual controversies involving
rights which are legally demandable and
Martial Law; Sufficiency of the Factual Basis enforceable, and to determine whether or not
(Q3-2006) there has been a grave abuse of discretion
The President issued a Proclamation No. 1018 amounting to lack or excess of jurisdiction on
placing the Philippines under Martial Law on the the part of any branch or instrumentality of the
ground that a rebellion staged by lawless Government (Art. Vin, Sec. 1, par. 2,1987
elements is endangering the public safety. Constitution). When the grant of power is
Pursuant to the Proclamation, suspected rebels qualified, conditional or subject to limitations,
were arrested and detained and military the issue of whether the prescribed
tribunals were set up to try them. Robert dela qualifications or conditions have been met or
Cruz, a citizen, filed with the Supreme Court a the limitations respected, is justiciable — the
petition questioning the validity of Proclamation problem being one of legality or validity, not its
No. 1018. wisdom.
1. Does Robert have a standing to challenge
Proclamation No. 1018? Explain. (2.5%) Article VII, Section 18 of the 1987 Constitution
SUGGESTED ANSWER: specifically grants the Supreme Court the
Yes, Robert has standing. Under Article VIII, power to review, in an appropriate proceeding
Section 17 of the 1987 Constitution, the filed by any citizen, the sufficiency of the factual
Supreme Court may review, in an appropriate basis of the proclamation of martial law. Thus,
proceeding filed by any citizen, the sufficiency in the matter of such declaration, two conditions
of the factual basis of the proclamation of must concur: (1) there must be an actual
martial law. As citizen therefore, Robert may file invasion or rebellion; and (2) public safety must
the petition questioning Proclamation No. 1018. require it. The Supreme Court cannot renege
on its constitutional duty to determine whether
2. In the same suit, the Solicitor General or not the said factual conditions exist (IBP v.
contends that under the Constitution, the Zamora, G.R. No. 141284, August 15, 2000).
President as Commander-in-Chief,
determines whether the exigency has 4. Finally, the Solicitor General maintains
arisen requiring the exercise of his power that the President reported to Congress
to declare Martial Law and that his such proclamation of Martial Law, but
determination is conclusive upon the Congress did not revoke the proclamation.
courts. How should the Supreme Court What is the effect of the inaction of
rule? (2.5%) Congress on the suit brought by Robert to
SUGGESTED ANSWER: the Supreme Court? (2.5%)
The Supreme Court should rule that his deter- SUGGESTED ANSWER:
mination is not conclusive upon the courts. The The inaction of Congress has no effect on the
1987 Constitution allows a citizen, in an suit brought by Robert to the Supreme Court as
appropriate proceeding, to file a petition Article VIII, Section 18 provides for checks on
questioning the sufficiency of the factual basis the President's power to declare martial law to
of said proclamation. Moreover, the power to be exercised separately by Congress and the
Supreme Court. Under said provision, the
duration of martial law shall not exceed sixty 4. No, the accused cannot avail of the benefits
days but Congress has the power to revoke the of amnesty if he continues to profess his
proclamation or extend the period. On the other innocence. In Vera vs. People, 7 SCRA 152.
hand, the Supreme Court has the power to since amnesty presupposes the commission of
review the said proclamation and promulgate its a crime. It is inconsistent for an accused to
decision thereon within thirty days from its filing seek forgiveness for something which he claims
(Article VIII, Section 18). he has not committed.
Pardoning Power; Amnesty (1993) Pardoning Power; Breach of Condition;

No 20: - The National Unification Commission Revocation (Q5-2005)
has recommended the grant of absolute and (1) Bruno still had several years to serve on his
unconditional amnesty to all rebels. There is the sentence when he was conditionally
view that it is not necessary for the rebels to pardoned by the President. Among the
admit the commission of the crime charged, it conditions imposed was that he would "not
being enough that the offense falls within the again violate any of the penal laws of the
scope of the amnesty proclamation following Philippines." Bruno accepted all of the
the doctrine laid down in Barrioquinto vs. conditions and was released. Shortly
Fernandez, 82 Phil. 642. In other words, thereafter, Bruno was charged with 2
admission of guilt is not a condition sine qua counts of estafa. He was then incarcerated
non for the availment of amnesty. Is this to serve the i expired portion of his
correct? Explain. sentence following the revocation by the
SUGGESTED ANSWER: President of the pardon.
The view that it is not necessary for rebels to
admit the commission of the crime charged in Bruno's family filed a petition for habeas
order to avail themselves of the benefits of corpus, alleging that it was error to have
amnesty is not correct. As stated in Vera v. him recommitted as the charges were false,
People, 7 SCRA 156, the doctrine laid down in in fact, half of them were already dismissed.
Borrioquinto vs. Fernandez, 82 Phil. 642 has Resolve the petition with reasons. (4%)
been overturned. Amnesty presupposes the SUGGESTED ANSWER:
commission of a crime. It is inconsistent for The petition should not be given due course.
someone to seek for forgiveness for a crime The grant of pardon and the determination of
which he denies having committed. (People vs. the terms and conditions of a conditional
Pasilan, 14 SCRA 694). pardon are PURELY EXECUTIVE ACTS which
are not subject to judicial scrutiny. The
Pardoning Power; Amnesty (1995) acceptance thereof by the convict or prisoner
No. 5: Lucas, a ranking member of the NDF, carried with it the authority or power of the
was captured by policemen while about to Executive to determine whether a condition or
board a passenger bus bound for Sorsogon. conditions of the pardon has or have been
Charged with rebellion he pleaded not guilty violated. Where the President opts to revoke
when arraigned. Before trial he was granted the conditional pardon given, no judicial
absolute pardon by the President to allow him pronouncement of guilt of a subsequent crime
to participate in the peace talks between the is necessary, much less conviction therefor by
government and the communist rebels. final judgment of a court, in order that a convict
may be recommended for the violation of his
3. Instead of a pardon, may the President grant conditional pardon. The determination of the
the accused amnesty if favorably recommended occurrence of a breach of a condition of a
by the National Amnesty Commission? Explain. pardon, and the proper consequences of such
breach, is a purely executive act, not subject to
4. May the accused avail of the benefits of judicial scrutiny. (Torres v. Gonzales, G.R. No.
amnesty despite the fact the he continued to 76872, July 23, 1987)
profess innocence? Explain.
SUGGESTED ANSWER: Pardoning Power; Exec Clemency; Pardon
3. The President may grant the accused (1995)
amnesty. According to Barrioquinto vs. No. 5: Lucas, a ranking member of the NDF,
Fernandez, 82 Phil. 642, Amnesty may be was captured by policemen while about to
granted before or after the institution of the board a passenger bus bound for Sorsogon.
criminal prosecution. Charged with rebellion he pleaded not guilty
when arraigned. Before trial he was granted in criminal cases, it would have been
absolute pardon by the President to allow him unnecessary to exclude impeachment cases
to participate in the peace talks between the from this scope. If the President can grant
government and the communist rebels. pardons in criminal cases, with more reason he
(1) Is the pardon of the President valid? can grant executive clemency in administrative
Explain. cases, which are less serious.
(2) Assuming that the pardon is valid, can
Lucas reject it? Explain. Pardoning Power; Executive Clemency
SUGGESTED ANSWER: (1999)
1. The pardon is not valid. Under Section 19, A. What are the constitutional limitations on the
Article VII of the 1987 Constitution, pardon may pardoning power of the President? (2%)
be granted only after conviction by final
Judgment. B. Distinguish between pardon and amnesty.
2. Yes, Lucas can reject the pardon As held in (2%)
United States vs. Wilson, 7 Pet. 150 and SUGGESTED ANSWER:
Burdick vs. United States, 274 U.S. 480. A. The following are the limitations on the
acceptance is essential to complete the pardon pardoning power of the President.
and the pardon may be rejected by the person 1) It cannot be granted in cases of
to whom it is tendered, for it may inflict impeachment;
consequences of greater disgrace than those 2) Reprieves, commutations, pardon, and
from which it purports to relieve. remission of fines and forfeitures can be
ALTERNATIVE ANSWER: granted only after conviction by final
No, Lucas cannot reject the pardon. According judgment.
to Biddle vs. Perovich, 274 U.S. 480, 3) The favorable recommendation of the
acceptance is not necessary, for the grant of COMELEC is required for violation of
pardon involves a determination by the election laws, rules and regulations.
President that public welfare will be better
served by inflicting less than what the judgment B. According to Barrioquinto v. Fernandez, 82
fixed. Phil. 642, the following are the distinctions
between pardon and amnesty.
Pardoning Power; Executive Clemency 1. Pardon is a private act and must be
(1997) pleaded and proved by the person
No. 15; Governor A was charged pardoned; while amnesty is a public act of
administratively with oppression and was which courts take judicial notice;
placed under preventive suspension from office 2. Pardon does not require the concurrence of
during the pendency of his case. Found guilty of Congress, while amnesty requires the
the charge, the President suspended him from concurrence of Congress;
office for ninety days. Later, the President 3. Pardon is granted to individuals, while
granted him clemency by reducing the period of amnesty is granted to classes of persons or
his suspension to the period he has already communities;
served. The Vice Governor questioned the 4. Pardon may be granted for any offense,
validity of the exercise of executive clemency while amnesty is granted for political
on the ground that it could be granted only in offenses;
criminal, not administrative, cases. 5. Pardon is granted after final conviction,
How should the question be resolved? while amnesty may be granted at any time;
SUGGESTED ANSWER: and
The argument of the Vice Governor should be 6. Pardon looks forward and relieves the
rejected. As held in Llamas vs. Orbos, 202 offender from the consequences of his
SCRA 844. the power of executive clemency offense, while amnesty looks backward and
extends to administrative cases. In granting the the person granted it stands before the law
power of executive clemency upon the as though he had committed no offense.
President, Section 19, Article VII of the
Constitution does not distinguish between Pardoning Power; Kinds (1988)
criminal and administrative cases. Section 19, No. 24: The first paragraph of Section 19 of
Article VII of the Constitution excludes Article VII of the Constitution providing for the
impeachment cases, which are not criminal pardoning power of the President, mentions
cases, from the scope of the power of executive reprieve, commutation, and pardon. Please
clemency. If this power may be exercised only
define the three of them, and differentiate one No. 7: Can the President take active part in the
from the others. legislative process? Explain.
The terms were defined and distinguished from Yes, The President can take active part in the
one another in People v. Vera, 65 Phil. 56, 111- legislative process to the extent allowed by the
112 (1930), as follows: Constitution. He can address Congress at any
(1) REPRIEVE is a postponement of the time to propose the enactment of certain laws.
execution of a sentence to a day certain, He recommends the general appropriations bill.
(2) COMMUTATION is a remission of a part of He can call a special session of Congress at
the punishment, a substitution of less any time. He can certify to the necessity of the
penalty for the one originally imposed. immediate enactment of a bill to meet a public
(3) A PARDON, on the other hand, is an act of calamity or emergency. He can veto a bill.
grace, proceeding from the power entrusted
with the execution of the laws which Presidential Immunity from Suit (1997)
exempts the individual on whom it is No. 13: Upon complaint of the incumbent
bestowed from the punishment the law President of the Republic, "A" was charged with
inflicts for a crime he has committed. libel before the Regional Trial Court. "A" moved
to dismiss the information on the ground that
Pardoning Power; Pardon, Conditional the Court had no jurisdiction over the offense
(1997) charged because the President, being immune
No. 16; A while serving imprisonment for estafa. from suit, should also be disqualified from filing
upon recommendation of the Board of Pardons a case against "A" in court.
and Parole, was granted pardon by the Resolve the motion.
President on condition that he should not again SUGGESTED ANSWER:
violate any penal law of the land. Later, the The motion should be denied according to
Board of Pardons and Parole recommended to Soliven us. Makasiar, 167 SCRA 393, the
the President the cancellation of the pardon immunity of the President from suit is personal
granted him because A had been charged with to the President. It may be invoked by the
estafa on 20 counts and was convicted of the President only and not by any other person.
offense charged although he took an appeal
therefrom which was still pending. As Prohibition Against Multiple Positions &
recommended, the President canceled the Additional Compensation (2002)
pardon he had granted to A. A was thus No VI. M is the Secretary of the Department of
arrested and imprisoned to serve the balance of Finance. He is also an ex-officio member of the
his sentence in the first case. A claimed in his Monetary Board of the Bangko Sentral ng
petition for habeas corpus filed in court that his Pilipinas from which he receives an additional
detention was illegal because he had not yet compensation for every Board meeting
been convicted by final judgment and was not attended.
given a chance to be heard before he was
recommitted to prison. N, a taxpayer, filed a suit in court to declare
Is A's argument valid? Secretary M's membership in the Monetary
SUGGESTED ANSWER: Board and his receipt of additional
The argument of A is not valid. As held in compensation illegal and in violation of the
Torres vs. Gonzales. 152 SCRA 272 a judicial Constitution. N invoked Article VII, Section 13 of
pronouncement that a convict who was granted the Constitution which provides that the
a pardon subject to the condition that he should President, Vice-President, the Members of the
not again violate any penal law is not necessary Cabinet, and their deputies or assistants shall
before he can be declared to have violated the not, unless otherwise provided in the
condition of his pardon. Moreover, a hearing is Constitution, hold any other office or
not necessary before A can be recommitted to employment during their tenure. N also cited
prison. By accepting the conditional pardon, A, Article IX-B, Section 8 of the Constitution, which
agreed that the determination by the President provides that no elective or appointive public
that he violated the condition of his pardon shall officer or employee shall receive additional,
be conclusive upon him and an order for his double, or indirect compensation, unless
arrest should at once issue. specifically authorized by law.
If you were the judge, how would you decide
President; Participation; Legislative Process the following:
(1996)
a) the issue regarding the holding of multiple as Secretary of Trade and Industry. The
positions? (3%) provision of Art, VII, Sec, 13, prohibiting
b) the issue on the payment of additional or Cabinet members from holding any other office
double compensation?(2%) or employment, is subject to the exceptions in
Explain your answers fully. Art. IX, B, Sec. 7.
SUGGESTED ANSWER:
(a) If I were the judge, I would uphold the b. Dean Sinco believes that members of
validity of the designation of Secretary M as ex Congress cannot be members of the Board of
officio member of the Monetary Board, As Regents of the University of the Philippines
stated in Civil Liberties Union v. Executive under the Incompatibility Clause of the 1935
Secretary, 194 SCRA 317 (1991), the Constitution which is similar to the provision of
prohibition against the holding of multiple Art. VI, Sec. 13 of the present Constitution.
positions by Cabinet Members in Article VII, Under this view, the membership of the
Section 13 of the Constitution does not apply to Chairman of the Senate Committee on Trade
positions occupied in an ex officio capacity as and Industry in the Export Control Board cannot
provided by law and as required by the primary be sustained. (Sinco, Philippine Political Law
functions of their office. 136 (llth Ed. 1962).
(b) If I were the Judge, I would rule that Moreover, since the apparent justification for
Secretary M cannot receive any additional the membership of the Chairman of the Senate
compensation. As stated in Civil Liberties Committee is to aid him in his legislative
Union v. Executive Secretary, 194 SCRA 317 functions, this purpose can easily be achieved
(1991), a Cabinet Member holding an ex-officio through legislative investigations under Art. VI,
position has no right to receive additional Sec.21.
compensation, for his services in that position
are already paid for by the compensation On the other hand, Dean Cortes appears to
attached to his principal office. suggest a contrary view, noting that after the
decision in Government of the Philippine
Prohibition against Multiple Positions by Islands v. Springer 50 Phil. 259 (1927), in
Gov’t Officials (1987) validating the law designating the Senate
No. I: Assume that a law has been passed President and Speaker as members of the
creating the Export Control Board composed of: Board of Control of government corporations,
a. The Secretary of Trade and Industry as no other decision has been rendered. On the
Chairman and as Members: contrary, laws have been enacted, making
b. The Chairman of the Senate Committee members of Congress members of various
on Trade and Industry boards.
c. An Associate Justice of the Supreme
Court designated by the Chief Justice Indeed, the membership of the Chairman of the
d. The Commissioner of Customs, and Senate Committee on Trade and Industry may
e. The President of the Philippine Chamber be upheld as being in aid of his legislative
of Commerce and Industry, functions since what is prohibited by Art. VI,
Sec. 13 is the acceptance of an incompatible
The National Constitutional Association of the office or employment in the government.
Philippines has filed suit to challenge the (Cortes, Philippine Presidency, pp. 111-
constitutionality of the law. 112(1966))
Determine whether the membership of each of (c) The designation of an Associate Justice of
the above in the Board can be upheld. Cite the Supreme Court cannot be sustained being
relevant constitutional provisions. the imposition on the members of the Court, of
SUGGESTED ANSWER: non-judicial duties, contrary to the principle of
a. The chairmanship of the Secretary of Trade separation of powers. It is judicial power and
and Industry in the Board can be upheld on the judicial power only which the Supreme Court
basis of Art. IX, B, Sec. 7, which allows and its members may exercise. (Art VIII. Sec. 1;
appointive officials to hold other offices if Manila Electric Co. v. Pasay Trans. Co., 57
allowed by law (such as the law in this case Phil. 600 (1932))
creating the Export Control Board) or justified
by the primary functions of their offices. The (d) The Commissioner of Customs may be
functions of the Board is related to his functions made member of the Board for the same
reason in the case of the Secretary of Trade (4) Cases heard by a division when the
and Industry, under Art. IX, B, Sec. 7. required majority is not obtained;
(5) Cases where a doctrine or principle of
(e) The membership of the President of the
law previously laid down will be
Philippine Chamber of Commerce may also be
modified or reversed;
upheld on the ground that Congress has the
power to prescribe qualifications for the office. (6) Administrative cases against judges
when the penalty is dismissal; and
Suspension of Writ of Habeas Corpus (1997)
(7) Election contests for President or Vice-
(a) When may the privilege of the writ of
President.
habeas corpus be suspended?
(b) If validly declared, what would be the full
consequences of such suspension? Contempt Powers (1996)
SUGGESTED ANSWER: No. 3: 2) On the first day of the trial of a rape-
(a) Under Section 16, Article VII of the murder case where the victim was a popular TV
Constitution, the privilege of the writ of habeas star, over a hundred of her fans rallied at the
corpus may be suspended when there is an entrance of the courthouse, each carrying a
invasion or rebellion and public safety requires placard demanding the conviction of the
it. accused and the imposition of the death penalty
(b) According to Section 18, Article VII of the on him. The rally was peaceful and did not
Constitution, the suspension of the privilege of disturb the proceedings of the case.
the writ of habeas corpus shall apply only to a) Can the trial court order the dispersal of the
persons judicially charged with rebellion or rallyists under pain of being punished for
offenses Inherent to or directly connected with contempt of court, if they fail to do so? Explain.
invasion. Any person arrested or detained b) If instead of a rally, the fans of the victim
should be judicially charged within three days. wrote letters to the newspaper editors
Otherwise, he should be released. Moreover, demanding the conviction of the accused, can
under Section 13. Article III of the Constitution, the trial court punish them for contempt?
the right to bail shall not be impaired even when Explain.
the privilege of the writ of habeas corpus is SUGGESTED ANSWER:
suspended. 2. a) Yes, the trial court can order the dispersal
of the rally under pain of being cited for
contempt. The purpose of the rally is to attempt
ARTICLE VIII Judicial to influence the administration of Justice. As
stated in People vs. Flores, 239 SCRA 83, any
Department conduct by any party which tends to directly or
indirectly Impede, obstruct or degrade the
Cases to be Heard En Banc; Supreme Court administration of justice is subject to the
(1999) contempt powers of the court.
No XI - Enumerate the cases required by the
Constitution to be heard en banc by the b) No, the trial court cannot punish for contempt
Supreme Court? (2%) the fans of the victim who wrote letters to the
SUGGESTED ANSWER: newspaper editors asking for the conviction of
The following are the cases required by the the accused. Since the letters were not
Constitution to be heard en banc by the addressed to the Judge and the publication of
Supreme Court: the letters occurred outside the court, the fans
cannot be punished in the absence of a clear
(1) Cases involving the constitutionality of a
and present danger to the administration of
treaty, international or executive
Justice. In Cabansag vs. Fernandez, 102 Phil
agreement, or law;
152, it was held that a party who wrote to the
(2) Cases which under the Rules of Court Presidential Complaints and Action Committee
are required to be heard en banc. to complain about the delay in the disposition of
his case could not be punished for contempt in
(3) Cases involving the constitutionality,
the absence of a clear and present danger to
application, or operation of presidential
the fair administration of Justice.
decrees, proclamations, orders,
instructions, ordinances, and other
Finality of Void Judgments (1993)
regulations;

No. 8; The ABC Realty, Inc, filed a complaint plans of the government and allocate and
against Rico for the collection of unpaid disburse such sums as may be provided by law
installments on a subdivision lot purchased by or prescribed by it in the course of the
the latter, Rico failed to file an answer, was discharge of its functions.
declared in default; and after reception of
plaintiffs evidence ex parte, judgment was Function; Continuing Constitutional
rendered against him. The decision became Convention (2000)
final, and upon motion by ABC Realty, the No I. -- One Senator remarked that the
judge issued a writ of execution. Supreme Court is a continuing Constitutional
Convention. Do you agree? Explain. (2%)
Rico now files a motion to quash the writ and to SUGGESTED ANSWER:
vacate the Judgment contending that it is the I do not agree that the Supreme Court is a
Housing and Land Use Regulatory Board continuing Constitutional Convention. The
(HLURB) which is vested with original and criticism is based on the assumption that in
exclusive Jurisdiction over cases involving the exercising its power of judicial review the
real estate business. Rico prays for the Supreme Court Is not merely interpreting the
dismissal of the complaint and for the nullity of Constitution but is trying to remake the
the decision. The realty firm opposes the Government on the basis of the personal
motion arguing that under BP 129, RTCs have predilections of the Members of the Supreme
exclusive and original jurisdiction over cases in Court, this is a power that properly belongs to
which the amount of controversy exceeds the people and their elected representatives.
P20,000.00. Answer the following queries:
1) Who has jurisdiction over the collection suit? The Supreme Court cannot decide cases
2) The RTC decision, having become final and merely on the basis of the letter of the
executory, can it still be vacated? Constitution. It has to interpret the Constitution
SUGGESTED ANSWER: to give effect to the intent of its framers and of
1} The HLURB the people adopting it. In Interpreting the
2) Yes, the decision of the Regional Trial Court Constitution, the Supreme Court has to adopt it
can still be vacated, even if it has become final to the ever-changing circumstances of society.
and executory. Since the Regional Trial Court When the Supreme Court strikes down an act
had no jurisdiction over the case, the decision is of the Legislative or the Executive Department,
void. it is merely discharging its duty under the
Constitution to determine conflicting claims of
Fiscal Autonomy (1999) authority.
No XI - What do you understand by the ALTERNATIVE ANSWER:
mandate of the Constitution that the judiciary To a certain extent, the Supreme Court is a
shall enjoy fiscal autonomy? Cite the continuing Constitutional Convention. When a
constitutional provisions calculated to bring case is brought in court involving a
about the realization of the said constitutional constitutional issue. It becomes necessary to
mandate. (2%) interpret the Constitution, Since the Supreme
SUGGESTED ANSWER: Court is supreme within its own sphere, its
Under Section 3, Article VIII of the Constitution, interpretation of the Constitution will form part of
the fiscal autonomy of the Judiciary means that the law of the land.
appropriations for the Judiciary may not be
reduced by the legislature below the amount Issuance of Restraining Orders and
appropriated for the previous year and, after Injunctions (1992)
approval, shall be automatically and regularly No. 7: Congress is considering new measures
released. to encourage foreign corporations to bring their
investments to the Philippines. Congress has
In Bengzon v. Drilon, 208 SCRA 133, the found that foreign investments are deterred by
Supreme Court explained that fiscal autonomy the uncertain investment climate in the
contemplates a guarantee of full flexibility to Philippines. One source of such uncertainty is
allocate and utilize resources with the wisdom the heightened judicial intervention in
and dispatch that the needs require. It investment matters.
recognizes the power and authority to deny,
assess and collect fees, fix rates of One such measure provides that "no court or
compensation not exceeding the highest rates administrative agency shall issue any
authorized by law for compensation and pay restraining order or injunction against the
Central Bank" in the Bank's exercise of its 2. The Secretary of Justice as ex officio
regulatory power over specific foreign exchange member;
transactions. 3. A representative of Congress as ex officio
member;
Would this be a valid measure? Explain. 4. A representative of the Integrated Bar;
SUGGESTED ANSWER: 5. A professor of law;
Yes, the measure is valid. In Mantruste 6. A retired Justice of the Supreme Court; and
Systems, Inc. vs. Court of Appeals, 179 SCRA 7. A representative of the private sector.
136, the Supreme Court held that a law (Section 8 (1), Article VIII of the
prohibiting the issuance of an injunction is valid, Constitution)
because under Section 2, Article VIII of the The term of office of the regular members is
Constitution, the jurisdiction of the courts may four (4) years. (Section 8(2), Article VIII of the
be defined by law. Constitution)
ALTERNATIVE ANSWER:
Since under Sections 1 and 5(2), Article VIII of Judicial Department; Writ of Amparo (1991)
the Constitution, the courts are given the power No 1: What is a Constitutional writ of Amparo
of Judicial review, the measure is void, Such and what is the basis for such a remedy under
power must be preserved. The issuance of the Constitution?
restraining orders and Injunctions is in aid of the SUGGESTED ANSWER:
power of judicial review. The writ of Amparo in Mexican law is an
extraordinary remedy whereby an interested
Judicial & Bar Council (1988) party may seek the invalidation of any
No. 11: A novel feature of the present executive, legislative or judicial act deemed in
Constitution is the Judicial and Bar Council. violation of a fundamental right. The adoption of
Please state: such a remedy in the Philippines may be based
1. Its principal function; on Article VIII, Sec. 5(5) of the Constitution,
2. Its composition; and which empowers the Supreme Court to
3. Who supervises it, and takes care of its promulgate rules concerning the protection and
appropriations? enforcement of constitutional rights.
SUGGESTED ANSWER:
1. The Judicial and Bar Council has the Judicial Independence; Safeguard (2000)
principal function of recommending appointees No I. Name at least three constitutional
to the Judiciary. It may exercise such other safeguards to maintain judicial independence.
functions and duties as the Supreme Court may (3%)
assign to it. (Art. VIII, sec. 8(5)). SUGGESTED ANSWER:
The following are the constitutional safeguards
2. The JBC is composed of the Chief Justice to maintain judicial independence:
as ex officio Chairman, the Secretary of Justice
(1) The Supreme Court is a constitutional
and a representative of the Congress as ex
body and cannot be abolished by mere
officio Members, a representative of the
legislation.
Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a (2) The members of the Supreme Court
representative of the private sector. (Art. VIII, cannot be removed except by
sec. 8(1)). impeachment.
(3) The Supreme Court cannot be deprived
3, The Supreme Court supervises the JBC and
of its minimum jurisdiction prescribed in
provides in the annual budget of the Court the
Section 5, Article X of the Constitution.
appropriations of the JBC. (Art. VIII, sec. 8(4)).
(4) The appellate jurisdiction of the
Judicial & Bar Council (1999) Supreme Court cannot be increased by
No XI - What is the composition of the Judicial law without its advice and concurrence.
and Bar Council and the term of office of its
(5) Appointees to the Judiciary are
regular members? (2%)
nominated by the Judicial and Bar
SUGGESTED ANSWER:
Council and are not subject to
The Judicial and Bar Council is composed of
confirmation by the Commission on
the following:
Appointments.
1. The Chief Justice as ex officio chairman;

(6) The Supreme Court has administrative Senator de Leon took the floor of the Senate to
supervision over all lower courts and speak on a "matter of personal privilege" to
their personnel. vindicate his honor against those "baseless and
malicious" allegations. The matter was referred
(7) The Supreme Court has exclusive
to the Committee on Accountability of Public
power to discipline Judges of lower
Officers, which proceeded to conduct a
courts.
legislative inquiry. The Committee asked Mr.
(8) The Members of the Judiciary have Vince Ledesma, a businessman linked to the
security of tenure, which cannot be transaction and now a respondent before the
undermined by a law reorganizing the Sandiganbayan, to appear and to testify before
Judiciary. the Committee.
(9) Members of the Judiciary cannot be
Mr Ledesma refuses to appear and file suit
designated to any agency performing
before the Supreme Court to challenge the
quasi-Judicial or administrative
legality of the proceedings before the
functions.
Committee. He also asks whether the
(10) The salaries of Members of the Committee had the power to require him to
Judiciary cannot be decreased during testify.
their continuance in office. Identify the issues Involved and resolve them.
SUGGESTED ANSWER:
(11) The Judiciary has fiscal autonomy.
The issues involved in this case are the
(12) The Supreme Court has exclusive following:
power to promulgate rules of pleading, 1. Whether or not the Supreme Court has
practice and procedure. jurisdiction to entertain the case;
2. Whether or not the Committee on
(13) Only the Supreme Court can
Accountability of Public Officers has the
temporarily assign judges to other
power to investigate a matter which is
stations.
involved in a case pending in court; and
(14) It is the Supreme Court who appoints all 3. Whether or not the petitioner can invoke
officials and employees of the Judiciary. his right against self-incrimination.
(Cruz, Philippine Political Law, 1995 ed.
(pp. 229-31.) All these Issues were resolved in the case of
Bengzon vs. Senate Blue Ribbon Committee,
203 SCRA 767.
Judicial Power (1989)
No. 10: Where is judicial power vested? What The Supreme Court has jurisdiction over the
are included in such power? case, because it involves the question of
SUGGESTED ANSWER: whether or not the Committee on Accountability
According to Section 1, Article VIII of the 1987 of Public Officers has the power to conduct the
Constitution, judicial power is vested in one investigation. Under Section 1, Article VIII of the
Supreme Court and in such lower courts as Constitution, judicial power includes the duty of
may be established by law. It includes the duty the courts to determine whether or not any
of the courts of justice to settle actual branch of the government is acting with grave
controversies involving rights which are legally of abuse of discretion amounting to lack of
demandable and enforceable, and to determine jurisdiction.
whether or not there has been a grave abuse of The Committee on Accountability of Public
discretion amounting to lack or excess of Officers has no power to investigate the
jurisdiction on the part of any branch or scandal. Since the scandal is involved in a case
instrumentality of the Government. pending in court, the investigation will encroach
upon the exclusive domain of the court. To
Judicial Power (1992) allow the investigation will create the possibility
No. 8: A case was filed before the of conflicting judgments between the committee
Sandiganbayan regarding a questionable and the court. If the decision of the committee
government transaction. In the course of the were reached before that of the court, it might
proceedings, newspapers linked the name of influence the judgment of the court.
Senator J. de Leon to the scandal.
The petitioner can invoke his right against self-
incrimination, ...
amounting to lack or excess of jurisdiction on
Judicial Power (1998) the part of any branch or instrumentality of the
IV. Andres Ang was born of a Chinese father Government. As held in Marcos us. Manglapus,
and a Filipino mother in Sorsogon, Sorsogon. 177 SCRA 668. this provision limits resort to the
on January 20, 1973. In 1988. his father was political question doctrine and broadens the
naturalizedas a Filipino citizen. On May scope of juridical inquiry into areas which the
11,1998. Andres Ang was elected courts under the 1935 and the 1973
Representative of the First District of Sorsogon. Constitutions would normally have left to the
Juan Bonto who received the second highest political departments to decide.
number of votes, filed a petition for Quo ALTERNATIVE ANSWER:
Warranto against Ang. The petition was filed Under the 1935 and 1973 Constitutions, there
with the House of Representative Electoral was no provision defining the scope of judicial
Tribunal (HRET). Bonto contends that Ang is power as vested in the judiciary. While these
not a natural born citizen of the Philippines and Constitutions, both provided for vesture of
therefore is disqualified to be a member of the judicial power "in one Supreme Court and in
House. such inferior courts as may be established by
law," they were silent as to the scope of such
The HRET ruled in favor of Ang. Bonto filed a power.
petition for certiorari in the Supreme Court. The
following issues are raised: The 1987 Constitution, on the other hand, re-
1. Whether the case is justiciable considering wrote the provisions on the vesture of judicial
that Article VI. Section 17 of the power originally appearing in the 1935 and
Constitution declares the HRET to be the 1973 Constitutions, as follows:
"sole Judge" of all contests relating to the "The judicial power shall be vested in one
election returns and disqualifications of Supreme Court and in such lower courts as
members of the House of may be established by law.
Representatives. [5%]
2. Whether Ang is a natural bom citizen of "Judicial power includes the duty of the
the Philippines. |5%] courts of justice to settle actual controversies
How should this case be decided? Involving rights which are legally demandable
SUGGESTED ANSWER: and enforceable, and to determine whether
1. The case is justiciable. As stated In or not there has been a grave abuse of
Lazatin vs. House Electoral Tribunal 168 SCRA discretion amounting to lack or excess of
391, 404, since judicial power includes the duty Jurisdiction on the part of any branch or
to determine whether or not there has been a instrumentality of the Government." (Sec. 1.
grave abuse of discretion amounting to lack or Art. VIII)
excess of jurisdiction on the part of any branch
or instrumentality of the Government, the The second paragraph of the cited provision
Supreme Court has the power to review the was not found in the 1935 and 1973
decisions of the House of Representatives Constitution, it contains a new definition of
Electoral Tribunal in case of grave Abuse of judicial power particularly the scope thereof.
discretion on its part. The first portion thereof represents the
2. Andres Ang should be considered a natural traditional concept of Judicial power, involving
born citizen of the Philippines. .... the settlement of conflicting rights as by law,
which presumably was implicit in the 1935 and
Judicial Power; Scope (1994) 1973 Constitutions. The second (latter) portion
No. 2: 1} What is the difference, if any. between of the definition represents a broadening of the
the scope of Judicial power under the 1987 scope of judicial power or, in the language of
Constitution on one hand, and the 1935 and the Supreme Court, conferment of "expanded
1973 Constitutions on the other? Jurisdiction" on the Judiciary (Daza v. Singson,
SUGGESTED ANSWER: 180 SCRA 496) to enable the courts to review
The scope of judicial power under the 1987 the exercise of discretion by the political
Constitution is broader than its scope under the departments of government. This new
1935 and 1973 Constitution because of the prerogative of the judiciary as now recognized
second paragraph of Section 1, Article VIII of under the 1987 Constitution was not
the 1987 Constitution, which states that it constitutionally permissible under the 1935 and
includes the duty to determine whether or not 1973 Charters.
there has been a grave abuse of discretion
Judicial Review; Locus Standi (1992) the power plant, because no public funds will be
No. 6: The Philippine Environmentalists' spent for its operation. As held in Gonzales vs.
Organization for Nature, a duly recognized non- Marcos, 65 SCRA 624, a taxpayer has no
governmental organization, intends to file suit to standing to file a case if no expenditure of
enjoin the Philippine Government from public funds is involved.
allocating funds to operate a power plant at
Mount Tuba In a southern island. They claim Since no member or officer of the Philippine
that there was no consultation with the Environmentalists' Organization belongs to the
Indigenous cultural community which will be affected indigenous community, none of the
displaced from ancestral lands essential to their rights of the Philippine Environmentalists'
livelihood and indispensable to their religious Organization and of its officers and members
practices. are affected. In accordance with the ruling in
a. The organization is based in Makati. All its National Economic Protectionism Association
officers live and work in Makati. Not one of its vs. Ongpin, 171 SCRA 657, the organization
officers or members belong to the affected has no standing to file the case.
indigenous cultural community. Do they have
the standing in this dispute? Explain. Judicial Review; Requisites (1994)
No. 2: 2) Assume that the constitutional
b. Would your answer be different if the question raised in a petition before the
Philippine Power Corporation, a private Supreme Court is the Iis mota of the case, give
company, were to operate the plant? Explain. at least two other requirements before the Court
SUGGESTED ANSWER: will exercise its power of judicial review?
a) Under Section 5, Article XII of the SUGGESTED ANSWER:
Constitution, the State should protect the rights 2) According to Macasiano vs. National
of cultural Indigenous communities to their Housing Authority, 224 SCRA 236, in addition
ancestral lands to ensure their well-being. to the requirement that the constitutional
Under Section 17, Article XIV of the question raised be the lis mota of the case, the
Constitution, the State should protect the rights following requisites must be present for the
of indigenous cultural communities to preserve exercise of the power of judicial review:
and develop this cultures, traditions, and
1. There must be an actual case or
institutions and should consider these rights in
controversy involving a conflict of legal
the formulation of national plans and policies.
rights susceptible of Judicial determination;
The government violated these provisions,
because it decided to operate the power plant 2. The constitutional question must be raised
without consulting the indigenous cultural by the proper party; and
community and the operation of the power plant
3. The constitutional question must be raised
will result in its displacement.
at the earliest opportunity.
If the projected lawsuit will be based on Jurisdiction of HLURB (1993)

violation of the rights of the indigenous cultural No. 8; The ABC Realty, Inc, filed a complaint
communities, the Philippine Environmentalists against Rico for the collection of unpaid
Organization will have no standing to file the installments on a subdivision lot purchased by
case. None of its officers and members belong the latter, Rico failed to file an answer, was
to the indigenous cultural community. None of declared in default; and after reception of
their rights are affected. plaintiffs evidence ex parte, judgment was
rendered against him. The decision became
If the lawsuit will seek to enjoin the use of public final, and upon motion by ABC Realty, the
funds to operate the power plant, the Philippine judge issued a writ of execution.
Environmentalists' Organization can file a
taxpayer's suit. As held in Maceda us. Rico now files a motion to quash the writ and to
Macaraig, 197 SCRA 771, a taxpayer has vacate the Judgment contending that it is the
standing to question the illegal expenditure of Housing and Land Use Regulatory Board
public funds. (HLURB) which is vested with original and
exclusive Jurisdiction over cases involving the
b) The Philippine Environmentalists real estate business. Rico prays for the
Organization will have no standing to file the dismissal of the complaint and for the nullity of
case if it is a private company that will operate the decision. The realty firm opposes the
motion arguing that under BP 129, RTCs have within three months (Art. X, Sec. 11). In
exclusive and original jurisdiction over cases in Marcelino vs. Cruz, 121 SCRA 51 (1983) it was
which the amount of controversy exceeds held that the periods prescribed are only
P20,000.00. Answer the following queries: directory, not mandatory.
(1) Who has jurisdiction over the collection
suit? Political Question (1995)
(2) The RTC decision, having become final and No. 13: Judicial power as defined in Sec. 1, 2nd
executory, can it still be vacated? par., Art. VIII, 1987 Constitution, now "includes
SUGGESTED ANSWER: the duty of the Courts of Justice to settle actual
1} As held in Estate Developers and Investors controversies involving rights which are legally
Corporation vs. Court of Appeals, 213 SCRA demandable and enforceable, and to determine
353, pursuant to Presidential Decree No. 1344, whether or not there has been a grave abuse of
it is the Housing and Land Use Regulatory discretion amounting to lack of excess of
Board which has jurisdiction over the claim of a jurisdiction on the part of any branch or
developer against a buyer for the payment of instrumentality of the Government. "This
the balance of the purchase price of a lot. The definition is said to have expanded the power of
jurisdiction of the Regional Trial Court over the judiciary to include political questions
cases in which the amount of controversy formerly beyond its jurisdiction.
exceeds P20,000.00 exists only in all cases (1) Do you agree with such as interpretation of
where the case does not otherwise fall within the constitutional definition of judicial power
the exclusive jurisdiction of any other court, that would authorize the courts to review
tribunal, person or body exercising Judicial or and, if warranted, reverse the exercise of
quasi-judicial functions, discretion by the political departments
(executive and legislative) of the
2) Yes, because it is void.... government, including the Constitutional
Commissions? Discuss fully,
Mandatory Period For Deciding Cases (1989) (2) In your opinion, how should such definition
No. 10: (2) Despite the lapse of 4 months from be construed so as not to erode
the time that the trial was terminated and the considerably or disregard entirely the
case submitted for decision, the trial court failed existing "political question" doctrine?
to decide the case. The defense counsel moved Discuss fully.
to dismiss the case on the ground that after the SUGGESTED ANSWER:
lapse of 90 days, the court had lost jurisdiction 1. Yes, the second paragraph of Section 1,
to decide the case. Should the motion be Article VIII of the 1987 Constitution has
granted? expanded the power of the Judiciary to include
SUGGESTED ANSWER: political questions. This was not found in the
No, the motion should not be granted. Section 1935 and the 1973 Constitution, Precisely, the
15 (4), Article VIII of the 1987 Constitution framers of the 1987 constitution intended to
provides: widen the scope of judicial review.
"Despite the expiration of the applicable
mandatory period, the court, without prejudice 2. As pointed out in Marcos vs. Manglapus, 177
to such responsibility as may have been SCRA 668, so as not to disregard entirely the
incurred in consequence thereof, shall decide political question doctrine, the extent of judicial
or resolve the case or matter submitted review when political questions are involved
thereto for determination, without further should be limited to a determination of whether
delay." or not there has been a grave abuse of
discretion amounting to lack or excess of
Thus, the failure of the trial court to decide the jurisdiction on the part of the official whose act
case within ninety days did not oust it of is being questioned. If grave abuse of discretion
jurisdiction to decide the case. is not shown, the courts should not substitute
ALTERNATIVE ANSWER: their judgment for that of the official concerned
The 1973 Constitution provided for certain and decide a matter which by its nature or by
consequences on the decisions of courts in law is for the latter alone to decide.
case of the failure of the Supreme Court and
other inferior collegiate courts to decide cases Political Question Doctrine (1997)
within prescribed periods. But it did not provide No. 5; To what extent, if at all, has the 1987
for consequences on the decisions of trial Constitution affected the "political question
courts as a result of their failure to decide cases doctrine"?
SUGGESTED ANSWER: The assault of a fellow Senator constitutes
Section 1, Article VIII of the Constitution has disorderly behavior.
expanded the scope of judicial power by
including the duty of the courts of Justice to Political Question; To Settle Actual
settle actual controversies involving rights Controversies (2004)
which are legally demandable and enforceable, (a) The 1935, 1973 and 1987 Constitutions
and to determine whether or not there has been commonly provide that "Judicial power shall be
a grave abuse of discretion amounting to lack vested in one Supreme Court and in such lower
or excess of jurisdiction on the part of any courts as may be established by law."
branch or instrumentality of the Government. In
Marcos vs. Manglapus, 177 SCRA 668, the What is the effect of the addition in the 1987
Supreme Court stated that because of this Constitution of the following provision: "Judicial
courts of justice may decide political questions power includes the duty of the courts of justice
if there was grave abuse of discretion to settle actual controversies involving rights
amounting to lack or excess of jurisdiction on which are legally demandable and enforceable,
the part of the official whose action is being and to determine whether or not there has been
questioned. grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch
Political Question: Separation of Powers or instrumentality of the government"? Discuss
(2004) briefly, citing at least one illustrative case. (5%)
(b) SDO was elected Congressman. Before SUGGESTED ANSWER:
the end of his first year in office, he inflicted The effect of the second paragraph of Section
physical injuries on a colleague, ET, in the 1, Article VIII of the 1987 Constitution is to limit
course of a heated debate. Charges were filed resort to the political question doctrine and to
in court against him as well as in the House broaden the scope of judicial inquiry into areas
Ethics Committee. Later, the House of which the Judiciary, under the previous
Representatives, dividing along party lines, Constitutions, would have left to the political
voted to expel him. Claiming that his expulsion departments to decide. If a political question is
was railroaded and tainted by bribery, he filed a involved, the Judiciary can determine whether
petition seeking a declaration by the Supreme or not the official whose action is being
Court that the House gravely abused its questioned acted with grave abuse of discretion
discretion and violated the Constitution. He amounting to lack or excess of jurisdiction
prayed that his expulsion be annulled and that (Marcos v. Manglapus, 177 SCRA 668 [1989]);
he should be restored by the Speaker to his (Daza v. Singson, 180 SCRA 496 [1989]).
position as Congressman. Is SDO's petition Thus, although the House of Representatives
before the Supreme Court justiciable? Cite Electoral Tribunal has exclusive jurisdiction to
pertinent issues for consideration. (5%) decide election contests involving members of
the House of Representatives, the Supreme
SUGGESTED ANSWER: Court nullified the removal of one of its
While under Section 1, Article VIII of the 1987 members for voting in favor of the protestant,
Constitution the Supreme Court may inquire who belonged to a different party. (Bondoc v.
whether or not the decision to expel SDO is Pineda, 201 SCRA 792 [1991]).
tainted with grave abuse of discretion
amounting to lack or excess of jurisdiction, the Political Questions (1988)
petition should be dismissed. In Alejandrino v. No. 23: In accordance with the opinion of the
Quezon (46 Phil. 83 [1924]), the Supreme Court Secretary of Justice, and believing that it would
held that it could not compel the Senate to be good for the country, the President enters
reinstate a Senator who assaulted another into an agreement with the Americans for an
Senator and was suspended for disorderly extension for another five (5) years of their stay
behavior, because it could not compel a at their military bases in the Philippines, in
separate and co-equal department to take any consideration of:
particular action. In Osmeña v. Pendatun (109 (1) A yearly rental of one billion U.S. dollars,
Phil. 863 [1960]), it was held that the Supreme payable to the Philippine government in
Court could not interfere with the suspension of advance;
a Congressman for disorderly behavior, (2) An undertaking on the part of the American
because the House of Representatives is the government to implement immediately the
judge of what constitutes disorderly behavior. mini-Marshall plan for the country involving

ten billion U.S. dollars in aids and No. 11: How may the following be removed
concessional loans; and from office:
(3) An undertaking to help persuade American 1) Senators & Congressmen
banks to condone interests and other 2) Judges of lower courts
charges on the country's out-standing 3) Officers and employees in the Civil Service
loans. SUGGESTED ANSWER:
1) As to Sen & Cong, Art. III, section 16(3), of
In return, the President agreed to allow the Constitution, ...
American nuclear vessels to stay for short visits 2) Under Art. VIII, sec. 11 of the Constitution,
at Subic, and in case of vital military need, to Judges of lower courts may be removed by
store nuclear weapons at Subic and at Clark dismissal by the Supreme by a vote of a
Field. A vital military need comes, under the majority of the Members who actually took part
agreement, when the sealanes from the in the deliberation on the issues in the case and
Persian Gulf to the Pacific, are threatened by voted thereon.
hostile military forces. 3) As to Civ Service Empl, Art. IX-B. Sec. 2(3)
of the Constitution, ...
The Nuclear Free Philippine Coalition comes to
you for advice on how they could legally Review Executive Acts (1996)
prevent the same agreement entered into by No. 10: 1) X, a clerk of court of the Regional
the President with the US government from Trial Court of Manila, was found guilty of being
going into effect. What would you advise them absent without official leave for 90 days and
to do? Give your reasons. considered dismissed from service by the
SUGGESTED ANSWER: Supreme Court. He appealed to the President
If the Agreement is not in the form of a treaty, it for executive clemency. Acting on the appeal,
is not likely to be submitted to the Senate for the Executive Secretary, by order of the
ratification as required in Art. VII, sec. 21. It President commuted the penalty to a
may not, therefore, be opposed in that branch suspension of six months.
of the government. Nor is judicial review a) Can the Supreme Court review the
feasible at this stage because there is no correctness of the action of the President in
justiciable controversy. While Art. VIII, sec. 1, commuting the penalty imposed on X?
par. 2 states that judicial power includes the Explain.
duty of court of justice to "determine whether or b) Was the action of the President
not there has been a grave abuse of discretion constitutional and valid? Explain.
amounting to lack or excess of jurisdiction on SUGGESTED ANSWER:
the part of any branch or instrumentality of the 1. a) Yes, the Supreme Court can review the
government," it is clear that this provision does correctness of the action of the President In
not do away with the political question doctrine. commuting the penalty imposed on X. By doing
It was inserted in the Constitution to prevent so, the Supreme Court is not deciding a political
courts from making use of the doctrine to avoid question. The Supreme Court is not reviewing
what otherwise are justiciable controversies, the wisdom of the commutation of the penalty.
albeit involving the Executive Branch of the What it is deciding is whether or not the
government during the martial law period. On President has the power to commute the
the other hand, at this stage, no justiciable penalty of X, As stated in Daza vs. Singson.
controversy can be framed to justify judicial 180 SCRA 496, it is within the scope of Judicial
review, I would, therefore, advice the Nuclear power to pass upon the validity of the actions of
Free Philippine Coalition to resort to the media the other departments of the Government.
to launch a campaign against the Agreement.
b) The commutation by the President of the
Pro Hac Vice Cases (1999) penalty imposed by the Supreme Court upon X
No XI What does if mean when a Supreme is unconstitutional. Section 6. Article VIII of the
Court Justice concurs in a decision pro hac Constitution vests the Supreme Court with the
vice? (2%) power of administrative supervision over all
SUGGESTED ANSWER: courts and their personnel. In Garcia vs. De la
When a decision is pro hac vice, it means the Pena, 229 SCRA 766, it was held that no other
ruling will apply to this particular case only. branch of the Government may intrude into this
exclusive power of the Supreme Court.
Removal of Lower Court Judges (1993)

Supervision; Courts & its Personnel (Q5- 1. No, the court cannot take cognizance of the
2005) case. As held in Joya vs. Presidential
(2) Pedro Masipag filed with the Ombudsman a Commission on Good Government, 225 SCRA
complaint against RTC Judge Jose 569, since the petitioners were not the legal
Palacpac with violation of Article 204 of the owners of paintings and antique silverware,
Revised Penal Code for knowingly they had no standing to question their
rendering an unjust judgment in Criminal disposition. Besides, the paintings and the
Case No. 617. Judge Palacpac filed a antique silverware did not constitute important
motion with the Ombudsman to refer the cultural properties or national cultural treasures,
complaint to the Supreme Court to as they had no exceptional historical and
determine whether an administrative aspect cultural significance to the Philippines.
was involved in the said case. The
Ombudsman denied the motion on the 2. According to Joya us. Presidential
ground that no administrative case against Commission on Good Government, 225 SCRA
Judge Palacpac relative to the decision in 568. for a taxpayer's suit to prosper, four
Criminal Case No. 617 was filed and requisites must be considered:
pending in his office. (1) the question must be raised by the proper
State with reasons whether the party;
Ombudsman's ruling is correct. (4%) (2) there must be an actual controversy;
(3) the question must be raised at the earliest
SUGGESTED ANSWER: possible opportunity; and
The Ombudsman's ruling is not correct. Under (4) the decision on the constitutional or legal
Section 6, Article VIII of the Constitution, it is question must be necessary to the
the Supreme Court which is vested with determination of the case.
exclusive administrative supervision over all
courts and its personnel. Prescinding from this In order that a taxpayer may have standing to
premise, the Ombudsman cannot determine for challenge the legality of an official act of the
itself and by itself whether a criminal complaint government, the act being questioned must
against a judge, or court employee, involves an involve a disbursement of public funds upon the
administrative matter. The Ombudsman is duty theory that the expenditure of public funds for
bound to have all cases against judges and an unconstitutional act is a misapplication of
court personnel filed before it, referred to the such funds, which may be enjoined at the
Supreme Court for determination as to whether instance of a taxpayer.
an administrative aspect is involved therein.
(Judge Jose Caoibes v. Ombudsman, G.R. No. Term of Office; Justices (1996)
132177, July 19, 2001) No. 9: A, an associate justice of the Supreme
Taxpayer's Suit; Locus Standi (1995) Court reached the age of seventy on July 1,
No. 12: When the Marcos administration was 1996. There was a case calendared for
toppled by the revolutionary government, the deliberation on that day where the vote of A
Marcoses left behind several Old Masters' was crucial. Can A hold over the position and
paintings and antique silverware said to have participate in the deliberation of the case on
been acquired by them as personal gifts. July 1, 1996? Explain.
Negotiations were then made with Ellen Layne SUGGESTED ANSWER:
of London for their disposition and sale at public No. A cannot hold over his position as
auction. Later, the government entered into a Associate Justice of the Supreme Court and
"Consignment Agreement" allowing Ellen Layne participate in the deliberations of the case on
of London to auction off the subject art pieces. July 1, 1996. Under Section 11, Article VIII of
Upon learning of the intended sale, well-known the Constitution, Members of the Supreme
artists, patrons and guardians of the arts of the Court hold office until they reach the age of
Philippines filed a petition in court to enjoin the seventy years or become incapacitated to
sale and disposition of the valued items discharge their duties. Constitutional officers
asserting that their cultural significance must be whose terms are fixed by the Constitution have
preserved for the benefit of the Filipino people. no right to hold over their positions until their
(1) Can the court take cognizance of the successors shall have been appointed and
case? Explain. qualified unless otherwise provided in the
(2) What are the requisites for a taxpayer's suit Constitution. (Mechem, A Treaties on the Law
to prosper? of Public Offices and Officers, p. 258.)
SUGGESTED ANSWER:
Votes required for declaring a law
unconstitutional (1996) ARTICLE IX Civil Service
No. 7: Can five members of the Supreme Court
declare a municipal ordinance unconstitutional? Commission
Explain.
SUGGESTED ANSWER: Career Service; Characteristics (1999)
Yes. five Members of the Supreme Court sitting No IX - What characterizes the career service
en-banc can declare a municipal ordinance and what are included in the career service?
unconstitutional. Under Section 4(2). Article VIII (2%)
of the Constitution, a municipal ordinance can SUGGESTED ANSWER:
be declared unconstitutional with the According to Section 7, Chapter 2, Title I, Book
concurrence of a majority of the Members of the V of the Administrative Code of 1987, the
Supreme Court who actually took part in the career service is characterized by
deliberation on the issues in the case and voted (1) Entrance based on merit and fitness to be
thereon. If only eight Members of the Supreme determined as far as practicable by
Court actually took part in deciding the case, competitive examination or based on highly
there will still be a quorum. Five Members will technical qualifications;
constitute a majority of those who actually took (2) opportunity for advancement to higher
part in deciding the case. career positions; and
(3) security of tenure.
The career service includes:

ARTICLE IX Constitutional (1) OPEN CAREER POSITIONS for
Commissions appointment to which prior qualifications in
Rotational Scheme (1999) an appropriate examination is required;
No XIII - What are the requisites for the (2) CLOSED CAREER POSITIONS which are
effective operation of the so-called "Rotational scientific or highly technical in nature;
Scheme" for Constitutional Commissions? (3) Positions in the CAREER EXECUTIVE
(2%) SERVICE;
SUGGESTED ANSWER: (4) Career officers other than those in the
As held in Republic v. Imperial, 96 Phil. 770, for career executive service, who are
the effective operation of the rotational scheme appointed by the President;
of the Constitutional Commission, the first (5) Commissioned officers and enlisted men of
Commissioner should start on a common date the Armed Forces;
and any vacancy before the expiration of the (6) Personnel of government - owned or
term should be filled only for the unexpired controlled corporations, whether performing
balance of the term. governmental or proprietary functions, who
do not fall under the non-career service;
Constitutional Commissions & Council (Q7- and
2006) (7) Permanent laborers, whether skilled,
2. The legislature may abolish this body: (5%) semiskilled, or unskilled.
a. Commission on Appointments
b. Ombudsman Civil Service Commission vs. COA (2004)
c. Judicial and Bar Council (9-a) Former Governor PP of ADS Province
d. Court of Tax Appeals had dismissed several employees to scale
e. Commission on Audit down the operations of his Office. The
employees complained to the Merit Systems
SUGGESTED ANSWER: Protection Board, which ruled that the Civil
The legislature may abolish the d) COURT OF Service rules were violated when the
TAX APPEALS since it is merely a creation of employees were dismissed. The Civil Service
law unlike the Commission on Appointments, Commission (CSC) affirmed the MSPB
Ombudsman, Judicial and Bar Council and decision, and ordered ADS to reinstate the
Commission on Audit which are all constitu- employees with full backwages. ADS did not
tional creations. Thus, the latter agencies may appeal and the order became final.
only be abolished by way of an amendment or
revision of the Constitution. Instead of complying immediately, BOP, the
incumbent Governor of ADS, referred the
matter to the Commission on Audit (COA),
which ruled that the amounts due are the 1. The rule prohibiting the appointment to
personal liabilities of the former Governor who certain government positions, of the spouse
dismissed the employees in bad faith. Thus, and relatives of the President within the
ADS refused to pay. The final CSC decision, fourth degree of consanguinity or affinity.
however, did not find the former Governor in [2%]
bad faith. The former Governor was likewise not
2. The rule making it incompatible for
heard on the question of his liability.
members of Congress to hold offices or
employment in the government. [2%]
Is ADS' refusal justified? Can COA disallow the
payment of backwages by ADS to the 3. The rule prohibiting members of the
dismissed employees due under a final CSC Constitutional Commissions, during their
decision? Decide and reason briefly. (5%) tenure, to be financially interested in any
contract with or any franchise or privilege
SUGGESTED ANSWER: granted by the government, [2%]
A. The refusal of ADS is not justified, and the
4. The rule providing for post audit by the
Commission on Audit cannot disallow the
COA of certain government agencies. [2%]
payment of backwages by ADS to the
dismissed employee. The Commission on 5. The rule requiring Congress to provide for
Audit cannot make a ruling that it is the former the standardization of compensation of
governor who should be personally liable, since government officials and employees. [2%]
the former governor was not given the
SUGGESTED ANSWER:
opportunity to be heard. In addition, the
Commission on Audit cannot set aside a final 1. Section 13. Article VII of the Constitution,
decision of the Civil Service Commission. The which prohibits the President from
payment of backwages to illegally dismissed appointing his spouse and relatives within
government employee is not an irregular, the fourth degree of consanguinity or
unnecessary, excessive, extravagant or affinity does not distinguish between
unconscionable expenditure. (Uy v. government corporations with original
Commission on Audit, 328 SCRA 607 [2000]). charters and their subsidiaries, because
the prohibition applies to both.
Function of CSC (1994) 2. Section 13, Article VII of the Constitution,
No. 15 - 2) Can the Civil Service Commission which prohibits Members of Congress from
revoke an appointment by the appointing power holding any other office during their term
and direct the appointment of an individual of its without forfeiting their seat, does not
choice? distinguish between government
SUGGESTED ANSWER: corporations with original charters and their
According to the ruling in Medalla vs. Sto. subsidiaries, because the prohibition applies
Tomas, 208 SCRA 351, the Civil Service to both.
Commission cannot dictate to the appointing
power whom to appoint. Its function is limited 3. Section 2, Article IX-A of the Constitution,
to determining whether or not the appointee which prohibits Members of the
meets the minimum qualification requirements Constitutional Commissions from being
prescribed for the position. Otherwise, it would financially interested in any contract with or
be encroaching upon the discretion of the any franchise or privilege granted by the
appointing power. Government, does not distinguish between
government corporations with original
GOCCs Without Original Charter vs. GOCCs charters and their subsidiaries, because the
With Original Charter (1998) prohibition applies to both.
No II.-- The Constitution distinguishes between 4. Section 2(1), Article IX-D of the Constitution
two types of owned and/or controlled which provides for post audit by the
corporations: those with original charters and Commission on audit of government
those which are subsidiaries of such corporations, does not distinguish between
corporations. In which of the following rule/rules government corporations with original
is such a distinction made? Consider each of charters and their subsidiaries, because the
the following items and explain briefly your provision applies to both.
answer, citing pertinent provisions of the
Constitution. 5. Section 5, Article IX-B of the Constitution,
which provides for the standardization of the
compensation of government officials and memorandum-order, directs the corporation to
employees, distinguishes between comply with Civil Service Rules in the
government corporations and their appointment of all of its officers and employees.
subsidiaries, for the provision applies only to The memorandum-order of the CSC is assailed
government corporations with original by the corporation, as well as by its officers and
charters. employees, before the court. How should the
case be resolved?
SUGGESTED ANSWER:
Jurisdiction over the GOCCs (1999)
The memorandum-order of the Civil Service
No IX - Luzviminda Marfel, joined by eleven
Commission should be declared void. As held
other retrenched employees, filed a complaint
in Gamogamo v. PNOC Shipping and Transit
with the Department of Labor and Employment
Corporation. 381 SCRA 742 (2002). under
(DOLE) for unpaid retrenchment or separation
Article IX-B, Section 2(1) of the 1987
pay, underpayment of wages and non-payment
Constitution government-owned or controlled
of emergency cost of living allowance. The
corporations organized under the Corporation
complaint was filed against Food Terminal, Inc.
Code are not covered by the Civil Service Law
Food Terminal Inc. moved to dismiss on the
but by the Labor Code, because only
ground of lack of jurisdiction, theorizing that it is
government-owned or controlled corporations
a government-owned and controlled corporation
with original charters are covered by the Civil
and its employees are governed by the Civil
Service.
Service Law and not by the Labor Code.
Marfel opposed the motion to dismiss,
Modes of Removal from Office (1993)
contending that although Food Terminal, Inc. is
No. 11: How may the following be removed
a corporation owned and controlled by the
from office:
government earlier created and organized
1) Senators & Congressmen
under the general corporation law as "The
2) Judges of lower courts
Greater Manila Food Terminal, Inc.", it has still
3) Officers and employees in the Civil Service
the marks of a private corporation: it directly
SUGGESTED ANSWER:
hires its employees without seeking approval
1) Senators, Cong., Art. III, section 16(3), of the
from the Civil Service Commission and its
Constitution, ...
personnel are covered by the Social Security
System and not the Government Service
2) Judges, Art. VIII, sec. 11 of the Constitution,
Insurance System, The question posed in the
petition for certiorari at bar is whether or not a
3) Under Art. IX-B. Sec. 2(3) of the Constitution,
labor law claim against a government-owned or
officers and employees in the Civil Service may
controlled corporation like the Food Terminal,
only be removed for cause as provided by law
Inc. falls within the jurisdiction of the
and after observance of due process.
Department of Labor and Employment or the
Civil Service Commission? Decide and
Their removal must be effected by the
ratiocinate. (4%)
appropriate disciplinary authority in accordance
SUGGESTED ANSWER:
with Ch. 7 secs. 47-48 of Book V of the
The claim of the retrenched employees falls
Administrative Code of 1987 and the Civil
under the jurisdiction of the National Labor
Service Rules and Regulations.
Relations Commission and not under the
jurisdiction of the Civil Service Commission. As
Receiving of Indirect Compensation (1997)
held in Lumanta v. National Labor Relations
No. 18; A, while an incumbent Governor of his
Commission, 170 SCRA 79, since Food
province, was invited by the Government of
Terminal, Inc. was organized under the
Cambodia as its official guest. While there, the
Corporation Law and was not created by a
sovereign king awarded Governor A with a
special law in accordance with Section 2(1),
decoration of honor and gifted him with a gold
Article IX-B of the Constitution, it is not covered
ring of insignificant monetary value, both of
by the civil service.
which he accepted.
Jurisdiction over the GOCCs (2003)
Was Governor A's acceptance of the decoration
No VII - A corporation, a holder of a certificate
and gift violative of the Constitution?
of registration issued by the Securities and
SUGGESTED ANSWER:
Exchange Commission, is owned and
Yes, it violated Section 8, Article IX-B of the
controlled by the Republic of the Philippines.
Constitution. For his acceptance of the
The Civil Service Commission (CSC), in a
decoration of honor and the gold ring from the abolition of offices) as distinguished from the
Government of Cambodia to be valid, Governor reorganization of personnel which is what is
A should first obtain the consent of Congress. referred to therein as "the reorganization
pursuant to Proclamation No. 3 dated March
Security of Tenure (1988) 25, 1986." For the power of the government to
No. 10: Exercising power he claims had been terminate the employment of elective and
granted him by the Executive Order on the appointive officials pursuant to Art. III, sec. 2 of
reorganization of the government, the Proclamation No. 3 (otherwise known as the
Commissioner of Customs summarily Provisional Constitution), through the
dismissed two hundred sixty-five officials and appointment or designation of their successors
employees of the Bureau of Customs. Most of has been repeatedly held to have ended on
the ousted employees appealed to the Civil February 2, 1987, when the new Constitution
Service Commission claiming their ouster took effect. (De Leon v. Esguerra, 153 SCRA
illegal. The Civil Service Commission, after 602 (1987); Reyes v. Ferrer G.R. No. 77801,
hearing, later ordered the Commissioner of Dec. 11, 1987; Osias v. Ferrer, G.R, No. 77049,
Customs to reinstate most of those dismissed. March 28, 1988), Moreover, such replacement
Instead of following the order of the Civil of incumbents can only be for cause as
Service Commission, Commissioner Mison prescribed by Executive Order No. 17, dated
intends to bring for review before the Supreme May 28, 1986. Since the summary dismissals in
Court, the same decision of the Commission. question are not for cause, the removal of the
Bureau of Customs officials violates art. IX, B,
1. If you were the counsel for the sec, 2(3) of the Constitution.
Commissioner of Customs, how would you
justify his dismissal of customs officials and Security of Tenure (Q5-2005)
employees? (3) Ricardo was elected Dean of the College of
2. If on the other hand, you were a counsel for Education in a State University for a term of
the dismissed officials and employees, how five (5) years unless sooner terminated.
would you sustain the order of the Civil Service Many were not pleased with his
Commission reinstating most of them? State performance. To appease those critical of
your reasons. him, the President created a new position,
SUGGESTED ANSWER: that of Special Assistant to the President
1. I would invoke the resolution in Jose v. with the rank of Dean, without reduction in
Arroyo, G.R. No. 78435, Aug. 11, 1987, in salary, and appointed Ricardo to said
which the Supreme Court held that under Art. position in the interest of the service.
XVIII, sec, 16 of the Constitution, career service Contemporaneously, the University
employees may be removed "not for cause but President appointed Santos as Acting Dean
as a result of the reorganization pursuant to in place of Ricardo. (5%)
Proclamation No. 3 dated March 25, 1986 and
the reorganization following the ratification of (a) Does the phrase "unless sooner
this Constitution." By virtue of this provision, it terminated" mean that the position of
was held that the reorganization of the Bureau Ricardo is terminable at will?
of Customs under Executive Order No, 127 ALTERNATIVE ANSWER:
may continue even after the ratification of the No, the term "unless sooner terminated" could
Constitution, and career service employees not mean that his position is terminable at will.
may be separated from the service without Security of tenure means that dismissal should
cause as a result of such reorganization. only be for cause, as provided by law and not
otherwise. (Palmera v. CSC, G.R. No. 110168,
2. I would argue that art. XVIII, sec. 16 does August 4, 1994)
not really authorize the removal of career
service employees but simply provides for the ALTERNATIVE ANSWER:
payment of separation, retirement, and other No, his position is not terminable at will.
benefits accruing to them under the applicable Ricardo's contract of employment has a fixed
laws. The reference to career service term of five years. It is not an appointment in an
employees separated "as a result of the acting capacity or as officer-in-charge. A
reorganization following the ratification of this college dean appointed with a term cannot be
Constitution" is only to those separated as a separated without cause. Ricardo, with a
result of reorganization of the structure and definite term of employment, may not thus be
functions of government (e.g., as a result of
removed except for cause. (Sta. Maria v. Each Electoral Tribunal shall be composed of
Lopez, G.R. No. L-30773, February 18,1970) NINE Members, three of whom shall be
Justices of the Supreme Court to be designated
(b) Was Ricardo removed from his by the Chief Justice, and the remaining six shall
position as Dean of the College of be Members of the Senate or the House of
Education or merely transferred to the Representatives, as the case may be, who shall
position of Special Assistant to the be chosen on the basis of proportional
President? Explain. representation from the political parties and the
SUGGESTED ANSWER: parties or organizations registered under the
Ricardo was removed from his position as party-list system represented therein. The
dean. Having an appointment with a fixed term, senior Justice in the Electoral Tribunal shall be
he cannot, without his consent, be transferred its Chairman (Article VI, Section 17,1987
before the end of his term. He cannot be asked Constitution).
to give up his post nor appointed as dean of
another college, much less transferred to Fair Election; Equal Space & Time in Media
another position even if it be dignified with a (1989)
dean's rank. More than this, the transfer was a No. 16: A COMELEC (COMELEC) resolution
demotion because deanship in a university, provides that political parties supporting a
being an academic position which requires common set of candidates shall be allowed to
learning, ability and scholarship, is more purchase jointly air time and the aggregate
exalted than that of a special assistant who amount of advertising space purchased for
merely assists the President, as the title campaign purposes shall not exceed that
indicates. The special assistant does not make allotted to other political parties or groups that
authoritative decisions unlike the dean who nominated only one set of candidates. The
does so in his own name and responsibility. resolution is challenged as a violation of the
The position of dean is created by law, while freedom of speech and of the press. Is the
the special assistant is not so provided by law; resolution constitutionally defensible? Explain.
it was a creation of the university president. SUGGESTED ANSWER:
(Sta. Maria v. Lopez, G.R. No. L-30773, Yes, the resolution is constitutionally defensible.
February 18, 1970) Under Section 4, Article IX-C of the 1987
Constitution, during the election period the
Security of Tenure; Meaning (1999) COMELEC may supervise or regulate the
No IX - -What is the meaning and guarantee of media of communication or information to
security of tenure? (2%) ensure equal opportunity, time, and space
SUGGESTED ANSWER: among candidates with the objective of holding
According to Palmera v. Civil Service free, orderly, honest, peaceful, and credible
Commission, 235 SCRA 87, SECURITY OF elections. To allow candidates which are
TENURE means that no officer or employee in supported by more than one political party to
the Civil Service shall be suspended or purchase more air time and advertising space
dismissed except for cause as provided by law than candidates supported by one political party
and after due process. only will deprive the latter of equal time and
space in the media.
ARTICLE IX COMELEC ALTERNATIVE ANSWER:
No. Although the expenditure limitation applies
Electoral Tribunal; Functions & Composition
only to the purchase of air time, thus leaving
(Q5-2006)
political parties free to spend for other forms of
1. What is the function of the Senate Electoral
campaign, the limitation nonetheless results in
Tribunal and the House of Representatives
a direct and substantial reduction of the quantity
Electoral Tribunal? (2.5%)
of political speech by restricting the number of
SUGGESTED ANSWER:
issues that can be discussed, the depth of their
Under Article VI, Section 17 of the 1987
discussion and the size of the audience that
Constitution, the Senate and House of
can be reached, through the broadcast media.
Representatives Electoral Tribunals shall be the
Since the purpose of the Free Speech Clause is
sole judge of all contests relating to the
to promote the widest possible dissemination of
election, returns, and qualifications of their
information, and the reality is that to do this
respective Members.
requires the expenditure of money, a limitation
on expenditure for this purpose cannot be
2. What is the composition of each? (2.5%)
justified, not even for the purpose of equalizing
SUGGESTED ANSWER:
the opportunity of political candidates. This is Court, from the decision of the COMELEC First
the ruling in Buckley vs. Valeo, 424 U.S. 1 Division? If yes. Why? If not what procedural
(1976), which invalidated a law limiting the step must he undertake first? ( 5%)
expenditures of candidates for campaigning in SUGGESTED ANSWER:
the United States. In the Philippines, a provision "A" cannot file a petition for certiorari with the
of the Tañada-Singson Law, limiting the period Supreme Court. As held in Mastura vs.
for campaigning, was nearly invalidated on this COMELEC, 285 SCRA 493 (1998), the
same principle, except that the majority of court Supreme Court cannot review the decisions or
lacked one more vote to make their decision resolutions of a division of the COMELEC. "A"
effective. (See Gonzalez vs. Comelec, 27 should first file a motion for reconsideration with
SCRA 835 (1969). the COMELEC en banc.
Grant of Pardon in Election Offenses (1991) Removal from Office; Commissioners (1998)
No. 11 - In connection with the May 1987 No IX. - Suppose a Commissioner of the
Congressional elections, Luis Millanes was COMELEC is charged before the
prosecuted for and convicted of an election Sandiganbayan for allegedly tolerating violation
offense and was sentenced to suffer of the election laws against proliferation of
imprisonment for six years. The court did not prohibited billboards and election propaganda
impose the additional penalty of disqualification with the end in view of removing him from
to hold public office and of deprivation of the office. Will the action prosper? [5%]
right of suffrage as provided for in Section 164 SUGGESTED ANSWER:
of the Omnibus Election Code of the Philippines No, the action will not prosper. Under Section 8,
(B.P. Blg. 881). Article XI of the Constitution, the
Commissioners of the COMELEC are
In April 1991, the President granted him removable by IMPEACHMENT. As held in the
absolute pardon on the basis of a strong case of In re Gonzales. 160 SCRA 771, 774-
recommendation of the Board of Pardons and 775, a public officer who is removable by
Parole. impeachment cannot be charged before the
Sandiganbayan with an offense which carries
Then for the election in May 1992, Luis Millanes with it the penalty of removal from office unless
files his certificate of candidacy for the office of he is first impeached. Otherwise, he will be
Mayor in his municipality. removed from office by a method other than
Impeachment.
(a) What is the effect of the failure of the court
to impose the additional penalty? Right to Vote; Jurisdiction (2001)
(b) Is the pardon valid? No II - Let us suppose that Congress enacted a
SUGGESTED ANSWER: law which amended the Omnibus Election Code
(a) No need to expressly impose – they are (particularly Sections 138, 139, 142, 143) by
accessory penalties. vesting , in the COMELEC the jurisdiction over
inclusion and exclusion cases filed by voters,
(b) The pardon is void, since Luis Millanes was instead of in the courts (MTC, then RTC).
convicted for the commission of an election Is the law valid or not, and why? (5%)
offense and his pardon was not made upon the SUGGESTED ANSWER:
recommendation of the COMELEC. Under The law granting the COMELEC jurisdiction
Article IX, C, Sec. 5 of the Constitution, no over inclusion and exclusion cases is
pardon for violation of an election law may be unconstitutional. Under Section 2(3), Article IX-
granted without the favorable recommendation C of the Constitution, the COMELEC cannot
of the COMELEC decide the right to vote, which refers to the
inclusion and exclusion of voters. Under
Judicial Review of Decisions (2001) Section 2(6), Article IX-C of the Constitution, it
No XVI - In an election protest involving the can only file petitions in court for inclusion or
position of Governor of the Province of Laguna exclusion of voters.
between "A", the protestee, and "B", the
protestant, the First Division of the COMELEC Election Laws
rendered a decision upholding B's protest 2nd Placer Rule (2003)
No VIII - In the municipal mayoralty elections in
Can "A" file a petition for certiorari with the 1980, the candidate who obtained the highest
Supreme Court under Rule 65 of the Rules of number of votes was subsequently declared to
be disqualified as a candidate and so ineligible b) If the second-placer in the gubematorial
for the office to which he was elected. Would elections files a quo warranto suit against
this fact entitle a competing candidate who Nicasio and he is found to be disqualified
obtained the second highest number of votes to from office, can the second-placer be sworn
ask and to be proclaimed the winner of the into office as governor?
elective office? Reasons. c) If, instead, Nicasio had been born (of the
SUGGESTED ANSWER: same set of parents) in the United States
According to Trinidad v. COMELEC. 315 SCRA and he thereby acquired American
175 [1999], if the candidate who obtained the citizenship by birth, would your answer be
highest number of votes is disqualified, the different?
candidate who obtained the second highest SUGGESTED ANSWER:
number of votes cannot be proclaimed the a) No, Nicasio no longer possesses Philippine
winner. Since he was not the choice of the citizenship. ...
people, he cannot claim any right to the office.
b) In accordance with the ruling in Abella us.
2nd Placer Rule (1990) COMELEC, 201 SCRA 253, the second placer
No. 7: A filed a protest with the House Electoral cannot be sworn to office, because he lost the
Tribunal questioning the election of B as election. To be entitled to the office, he must
Member of the House of Representatives in the have garnered the majority or plurality of the
1987 national elections on the ground that B is votes.
not a resident of the district the latter is
representing. While the case was pending. B c) Yes because he will be a dual citizen ...
accepted an ad-interim appointment as
Secretary of the Department of Justice. 2nd Placer Rule; Rule of Succession (1996)
No. 13: 1) A and B were the only candidates
(1) May A continue with his election protest in for mayor of Bigaa, Bulacan in the May 1995
order to determine the real winner in the said local elections. A obtained 10,000 votes as
elections? State your reason. against 3,000 votes for B. In the same
(2) Can A, who got the second highest number elections, X got the highest number of votes
of votes in the elections, ask that he be among the candidates for the Sangguniang
proclaimed elected in place of B? Explain your Bayan of the same town. A died the day before
answer. his proclamation.
SUGGESTED ANSWER: a) Who should the Board of Canvassers
(1) No, A may not continue with his protest. .... proclaim as elected mayor, A, B or X?
Explain,
(2) No, A cannot ask that he be proclaimed b) Who is entitled to discharge the functions of
elected in place of B. The votes cast for B the office of the mayor, B or X? Explain.
were not invalid votes. Hence, A garnered only SUGGESTED ANSWER:
the second highest number of votes. Only the In accordance with Benito vs. COMELEC, 235
candidate who obtained the majority or plurality SCRA 436, it is A who should be proclaimed as
of the votes is entitled to be proclaimed elected. winner, because he was the one who obtained
On this ground, it was held in Labo v. the highest number of votes for the position of
COMELEC, 176 SCRA 1, that the fact that the mayor, but a notation should be made that he
candidate who obtained the highest number of died for the purpose of applying the rule on
votes is not eligible does not entitle the succession to office. B cannot be proclaimed,
candidate who obtained the second highest because the death of the candidate who
number of votes to be proclaimed the winner. obtained the highest number of votes does not
entitle the candidate who obtained the next
2nd Placer Rule; in Quo Warranto Cases highest number of votes to be proclaimed the
(1992) winner, since he was not the choice of the
No. 16: Edwin Nicasio, born in the Philippines electorate. X is not entitled to be proclaimed
of Filipino parents and raised in the province of elected as mayor, because he ran for the
Nueva Ecija, ran for Governor of his home Sangguniang Bayan.
province. He won and he was sworn into office.
It was recently revealed, however, that Nicasio Neither B nor X is entitled to discharge the
is a naturalized American citizen. functions of the office of mayor. B is not entitled
a) Does he still possess Philippine citizenship? to discharge the office of mayor, since he was
defeated in the election. X is not entitled to
discharge the office of mayor. Under Section 44 and he receives the winning number of votes,
of the Local Government Code, it is the vice the hearing on the question of disqualification
mayor who should succeed in case of should continue. Upon motion of the
permanent vacancy in the office of the mayor. It complainant or any intervenor, the court or the
is only when the position of the vice mayor is COMELEC may order the suspension of the
also vacant that the member of the proclamation of the winning candidate if the
Sangguniang Bayan who obtained the highest evidence of his guilt is strong.
number of votes will succeed to the office of
mayor. Disualifications (1999)
No V - A.2. Under the Local Government
Appreciation of Ballots (1994) Code, name four persons who are disqualified
No. 3; If a candidate for town mayor is an from running for any elective position. (2%)
engineer by profession, should votes for him SUGGESTED ANSWER:
with the prefix "Engineer" be invalidated as A2.) Under Section 40 of the Local Government
"marked ballots"? Code, the following are disqualified from
SUGGESTED ANSWER: running for any local elective position:
3) No, a ballot in which the name of a 1) Those sentenced by final judgment for an
candidate for town mayor who is an engineer offense involving moral turpitude or for an
which is prefixed with "engineer" should not be offense punishable by one (1) year or more
invalidated as a marked ballot. Under Rule No. of imprisonment, within two (2) years after
12 of the rules for the appreciation of ballots, serving sentence;
ballots which contain such prefixes are valid. 2) Those removed from office as a result of an
administrative case;
Disqualification; Grounds (1991) 3) Those convicted by final judgment for
No. 11 - In connection with the May 1987 violating the oath of allegiance to the
Congressional elections, Luis Millanes was Republic of the Philippines;
prosecuted for and convicted of an election 4) Those with dual citizenship;
offense and was sentenced to suffer 5) Fugitives from justice in criminal or non-
imprisonment for six years. The court did not political cases here or abroad;
impose the additional penalty of disqualification 6) Permanent residents in a foreign country or
to hold public office and of deprivation of the those who have acquired the right to reside
right of suffrage as provided for in Section 164 abroad and continue to avail of the same
of the Omnibus Election Code of the Philippines right after the effectivity of the Local
(B.P. Blg. 881). Government Code; and
7) The insane or feeble-minded.
In April 1991, the President granted him
absolute pardon on the basis of a strong Effect of Filing of Certificate of Candidacy;
recommendation of the Board of Pardons and Appointive Officer vs Elective Officer (2002)
Parole. No XIII. A, a City Legal Officer, and B, a City
Then for the election in May 1992, Luis Millanes Vice-Mayor, filed certificates of candidacy for
files his certificate of candidacy for the office of the position of City Mayor in the May 14, 2001
Mayor in his municipality. elections.
(c) Is a petition to disqualify Millanes viable? a) Was A ipso facto considered resigned and,
(d) What are the effects of a petition to if so, effective on what date? (2%)
disqualify? b) Was B ipso facto considered resigned and,
SUGGESTED ANSWER: if so, effective on what date? (3%)
(c) In accordance with Sec. 68 of the Omnibus In both cases, state the reason or reasons for
Election Code, Luis Millanes may be your answer.
disqualified from running for mayor as he was SUGGESTED ANSWER:
convicted of an election offense. A) A was considered ipso facto resigned upon
the filing of his certificate of candidacy, because
(d) Under Sec. 6 of the Electoral Reforms Law, being a City Legal Officer, he is an appointive
any candidate who has been declared by final official. Section 66 of the Omnibus Election
judgment to be disqualified shall not be voted Code provides that any person holding a public
for, and votes cast for him shall not be counted. appointive office shall be considered ipso facto
resigned upon the filing of his certificate of
If before the election he is not declared by final candidacy.
judgment to be disqualified and he is voted for
B) B is not considered ipso facto resigned. (b) The answer is the same if Pedro Reyes is a
Section 67 of the Omnibus Election Code Congressman of Quezon City, because the
considers any elective official ipso facto repeal of Section 67 of the Omnibus Election
resigned from office upon his filing of a Code covers both elective national and local
certificate of candidacy for any office other than officials.
the one he is holding except for President and
Vice-President, was repealed by the Fair Election Offenses; Conspiracy to Bribe
Election Act Voters (1991)
No. 12: Discuss the disputable presumptions
Effect of Filing of Certificate of Candidacy; (a) of conspiracy to bribe voters and (b) of the
Fair Election Act (2003) involvement of a candidate and of his principal
No X - (a) Pedro Reyes is an incumbent Vice- campaign managers in such conspiracy.
Mayor of Quezon City. He intends to run in the SUGGESTED ANSWER:
regular elections for the position of City Mayor (a) Under Sec, 28 of the Electoral Reforms
of Quezon City whose incumbent mayor would Law proof that at least one voter in different
have fully served three consecutive terms by precincts representing at least twenty per cent
2004. Would Pedro Reyes have to give up his of the total precincts in any municipality, city or
position as Vice-Mayor- province was offered, promised or given
(1) Once he files his certificate of money, valuable consideration or other
candidacy; or expenditure by the relatives, leader or
(2) When the campaign period starts; or sympathizer of a candidate for the purpose of
(3) Once and if he is proclaimed winner in promoting the candidacy of such candidate,
the election; or gives rise to a disputable presumption of
(4) Upon his assumption to the elective conspiracy to bribe voters.
office; or
(5) None of the above. (b) Under Sec. 28 if the proof affects at least
Choose the correct answer 20% of the precincts of the municipality, city or
province to which the public office aspired for
(b) If Pedro Reyes were, instead, an incumbent by the favored candidate relates, this shall
Congressman of Quezon City, who intends to constitute a disputable presumption of the
seek the mayoralty post in Quezon City, would involvement of the candidate and of his
your choice of answer in no.(1) above be the principal campaign managers in each of the
same? If not, which would be your choice? municipalities concerned, in the conspiracy.
SUGGESTED ANSWER: Election Protest (1990)

(a) The correct answer is (5). Section 14 of the No. 7: A filed a protest with the House Electoral
Fair Election Act repealed Section 67 of the Tribunal questioning the election of B as
Omnibus Election Code, which provided that Member of the House of Representatives in the
any elected official, whether national or local, 1987 national elections on the ground that B is
who runs for any office other than the one he is not a resident of the district the latter is
holding in a permanent capacity, except for representing. While the case was pending. B
President and Vice President, shall be accepted an ad-interim appointment as
considered ipso facto resigned from his office Secretary of the Department of Justice.
upon the filing of his certificate of candidacy. (1) May A continue with his election protest in
Section 14 of the Fair Election Act likewise order to determine the real winner in the said
rendered ineffective the first proviso in the third elections? State your reason.
paragraph of Section 11 of Republic Act No. SUGGESTED ANSWER:
8436. (1) No, A may not continue with his protest.
There is no dispute as to who was the winner in
Consequently, Pedro Reyes can run for Mayor the election, as it is not disputed that it was B
without giving up his position as Vice-Mayor. He who obtained the majority. The purpose of the
will have to give up his position as Vice-Mayor protest is simply to seek the removal of B from
upon expiration of his term as Vice-Mayor on office on the ground that he is ineligible.
June 30, 2004. However, B forfeited his claim to the position of
(Note: The question did not ask the examinee congressman by accepting an ad interim
to explain the reason for his choice and the appointment as Secretary of Justice, the protest
general instructions requires such discussion
against him has become moot. Nothing will be
only to a "yes" or "no" answer.)
gained by resolving it. In the case of Purisima v.
Solis, 43 SCRA 123, it was held that where a a) the barangay?
protestant in an election case accepted his b) the municipality?
appointment as judge, he abandoned his claim c) the province?
to the public office involved in the protest. d) the city?
Hence, the protest must be dismissed for e) the House of Representatives?
having become moot. Similarly, in Perez v SUGGESTED ANSWER:
Provincial Board of Nueva Ecija, 113 SCRA 1) In accordance with Section 2(2), Article IX-C
187, it was held that the claim of a petitioner to of the Constitution an election protest involving
an appointive office had become moot, because the elective position enumerated below should
the petitioner had forfeited his claim to the office be filed in the following courts or tribunals:
by filing a certificate of candidacy for mayor. a) Barangay - Metropolitan Trial Court,
Municipal Circuit Trial Court, or
Election Protest vs. Quo Warranto (2001) Municipal Trial Court
No XVII - Under the Omnibus Election Code b) Municipality - Regional Trial Court
(B.P. 881, as amended), briefly differentiate an c) Province - COMELEC
election protest from a quo warranto case, as to d) City - COMELEC
who can file the case and the respective e) Under Section 17. Article VI of the
grounds therefor. (5%) Constitution, an election protest
SUGGESTED ANSWER; involving the position of Member of the
An ELECTION PROTEST maybe filed by a House of Representatives shall be filed
losing candidate for the same office for which in the House of Representatives
the winner filed his certificate of candidacy. A Electoral Tribunal.
QUO WARRANTO CASE may be filed by any
voter who is a registered voter in the Expiration of term bars service thereof
constituency where the winning candidate (2000)
sought to be disqualified ran for office. No XVI. In the elections of May 1992, Cruz and
Santos were the candidates for the office of
In an election contest, the issues are: (a) who Municipal Mayor, the term of which was to
received the majority or plurality of the votes expire on June 30, 1995. Finding that he won
which were legally cast and (b) whether there by a margin of 20 votes, the Municipal Board of
were irregularities in the conduct of the election Canvassers proclaimed Cruz as the duly
which affected its results. elected Mayor. Santos filed an election protest
before the Regional Trial Court (RTC) which
In a quo warranto case, the issue is whether the decided that it was Santos who had the plurality
candidate who was proclaimed elected should of 30 votes and proclaimed him the winner. On
be disqualified because of ineligibility or motion made, the RTC granted execution
disloyalty to the Philippines. pending the appeal of Cruz to the COMELEC
(Comelec) and on this basis. Santos assumed
Election Protest vs. Quo Warranto (Q5-2006) office and served as Municipal Mayor. In time,
Differentiate an election protest from an action the Comelec reversed the ruling of the RTC and
for quo warranto. (2.5%) instead ruled that Cruz won by a margin of 40
SUGGESTED ANSWER: votes and proclaimed him the duly elected
An ELECTION PROTEST is a proceeding Municipal Mayor.
whereby a losing candidate for a particular a) It is now beyond June 30, 1995. Can
position contests the results of the election on Cruz still hold office for the portion of the term
grounds of fraud, terrorism, irregularities or he has failed to serve? Why? (3%)
illegal acts committed before, during or after the SUGGESTED ANSWER;
casting and counting of votes. On the other a) As held in Malaluan v. COMELEC, 254
hand, a PETITION FOR QUO WARRANTO is SCRA 397 (1996). Cruz can no longer hold
filed by any registered voter to contest the office for the portion of the term he failed to
election of any candidate on grounds of serve since his term has expired.
ineligibility or disloyalty to the Republic of the
Philippines. Petition to Declare Failure of Elections;
Requisites & Effects (1995)
Election Protest; Jurisdiction (1996) No. 6: Due to violence and terrorism attending
No, 14: 1) As counsel for the protestant, where the casting of votes in a municipality in Lanao
will you file an election protest involving a del Sur during the last 8 May 1995 elections, it
contested elective position in: became impossible to hold therein free, orderly
and honest elections. Several candidates for prevented from casting their votes. The
municipal positions withdrew from the race. COMELEC dismissed the pre-proclamation
One candidate for Mayor petitioned the contest on the ground that all the returns
COMELEC for the postponement of the appear complete and untampered.
elections and the holding of special elections
after the causes of such postponement or Determine if the COMELEC decided correctly
failure of elections shall have ceased. and if "B" has any recourse for contesting "A's"
election.
1. How many votes of the COMELEC SUGGESTED ANSWER:
Commissioners may be cast to grant the The COMELEC correctly dismissed "B's" PRE-
petition? Explain. PROCLAMATION CONTEST. Such a contest is
limited to claims that the election returns are
2. A person who was not a candidate at the incomplete or that they contain material defects
time of the postponement of the elections or that they have been tampered with, falsified
decided to run for an elective position and filed or prepared under duress or that they contain
a certificate of candidacy prior to the special discrepancies in the votes credited to the
elections. May his certificate of candidacy be candidates, the difference of which affects the
accepted? Explain. result of the election. (Omnibus Election Code,
sees. 243, 234-236)
3. Suppose he ran as a substitute for a
candidate who previously withdrew his On the other hand, the question whether or not
candidacy, will your answer be the same? there was terrorism, vote buying and other
Explain. irregularities in the elections cannot be the
SUGGESTED ANSWER: subject of a pre-proclamation contest but must
1. According to Section 7, Article IX-A of the be raised in a regular election protest. (Sanchez
1987 Constitution, the COMELEC shall decide v. COMELEC, GR. No. 78461; Ponce Enrile v.
by a MAJORITY VOTE of all its members any COMELEC, G.R. Nos. 79146 & 79212, Aug. 12,
case or matter brought before it In Cua vs. 1987; Abes v. COMELEC, 21 SCRA 1252
COMELEC, 156 SCRA582, the Supreme Court (1967) ) Since the basis of "B's" petition is that
stated that a two-to-one decision rendered by a his followers had been bought while others had
Division of the COMELEC and a three-to-two been prevented from casting their ballots, his
decision rendered by the COMELEC en banc remedy is to file an election contest and this
was valid where only five members took part in should be brought in the House or Senate
deciding the case. Electoral Tribunal which, under Art. VI, Sec. 17,
is the sole judge of the election, returns and
2. No, his certificate of candidacy cannot be qualifications of members of each House of
accepted. Under Section 75 of the Omnibus Congress.
Election Code, as a rule in cases of
postponement or failure of election no Pre-Proclamation Contest (1988)
additional certificate of candidacy shall be No. 18: In election law, what is a pre-
accepted. proclamation controversy? Where may it be
litigated with finality? After the ultimate winner
3. No, the answer will be different. Under has been duly proclaimed, does the loser still
Section 75 of the Omnibus Election Code, an have any remedy to the end than he may finally
additional certificate of candidacy may be obtain the position he aspired for in the
accepted in cases of postponement or failure of election? Explain.
election if there was a substitution of SUGGESTED ANSWER:
candidates; but the substitute must belong to A PRE-PROCLAMATION CONTROVERSY
and must be endorsed by the same party. refers to any question pertaining to or affecting
the proceedings of the board of canvassers
Pre-Proclamation Contest (1987) which may be raised by any candidate or by
No. VII: "A" and "B" were candidates for any registered political party or coalition of
representatives in the 1987 National Elections, political parties before the board or directly with
"B" filed a pre-proclamation contest with the the COMELEC, or any matter raised under
COMELEC on the ground that rampant vote secs. 233-236 of the Omnibus Election Code in
buying and terrorism accompanied the relation to the preparation, transmission,
elections. Particulars were supplied of "B's" receipt, custody or appreciation of the election
followers bought-off and other followers returns. (Omnibus Election Code, sec, 241).
prejudice to the filing of an election protest.
The COMELEC has exclusive jurisdiction of all However, the proceedings may continue when
pre-proclamation controversies. (Id., sec. 241) on the basis of the evidence presented so far,
Its decisions become executory after the lapse the COMELEC or the Supreme Court
of 5 days from receipt by the losing party of the determines that the petition appears to be
decision, unless restrained by the Supreme meritorious. (Section 16, Republic Act No.
Court. (Id., sec. 246) 7166)
A loser may still bring an election contest (B) ELECTION CONTESTS

concerning the election, returns, and An election protest is initiated by filing a protest
qualifications of the candidate proclaimed. In containing the following allegations:
the case of elective barangay officials, the 1. The protestant is a candidate who duly filed
contest may be filed with the municipal trial a certificate of candidacy and was voted for in
courts; in the case of elective municipal the election:
officials, in the Regional Trial Court; in the case 2. The protestee has been proclaimed; and
of elective provincial and city officials, in the 3. The date of the proclamation, (Miro vs.
COMELEC (Art. IX, C, sec. 2(2)); in the case of COMELEC, 121 SCRA 466)
Senators or Congressmen, in the Senate or
House Electoral Tribunals (Art. VI, sec. 17); and The following have jurisdiction over election
in the case of the President and Vice President, contests:
in the Presidential Electoral Tribunal. (Art. VII, a) Barangay officials - Inferior Court;
sec. 4). b) Municipal officials - Regional Trial
Court;
Pre-Proclamation Contest vs. Election c) Regional, provincial, and city officials -
Contests (1997) COMELEC (Section 2(2), Art. IX-C of
No, 17: State how (a) pre-proclamation the Constitution);
controversies, on the one hand, and (b) election d) Congressman - House of
protests, on the other, are initiated, heard and Representatives Electoral Tribunal.
finally resolved. e) Senators - Senate Electoral Tribunal.
SUGGESTED ANSWER: (Section 1. Article VI of the
(A) PRE-PROCLAMATION CONTROVERSIES Constitution);
a) Questions affecting the composition or f) President and Vice President -
proceedings of the board of canvassers Supreme Court (Section 4, Article VII of
may be initiated in the board of the Constitution).
canvassers or directly with the
COMELEC. The decision of the inferior court in election
b) Questions involving the election returns contests involving barangay officials and of the
and the certificates of canvass shall be Regional Trial Court in election contests
brought in the first instance before the involving municipal officials are appealable to
board of canvassers only, (Section 17, the COMELEC. (Section 2(2). Article IX-C of
Republic Act No, 2166.) the Constitution.) The decision of the
c) The board of canvassers should rule on COMELEC may be brought to the Supreme
the objections summarily. (Section 20, Court on certiorari on questions of law. (Rivera
Republic Act No. 7166.) vs. COMELEC, 199 SCRA 178)
d) Any party adversely affected may
appeal to the COMELEC. (Section 20. The decision of the COMELEC in election
Republic Act No. 7166.) contests involving regional, provincial and city
e) The decision of the Commission on officials may be brought to the Supreme Court
Election may be brought to the on certiorari (Section 7, Article IX-A and Section
Supreme Court on certiorari by the 2(2), Article IX-C of the Constitution.)
aggrieved party, (Section 7, Article IX-A
of the Constitution.) The decisions of the Senate Electoral Tribunal
and of the House of Representatives Electoral
All pre-proclamation controversies pending Tribunal may be elevated to the Supreme Court
before the COMELEC shall be deemed on certiorari if there was grave abuse of
terminated at the beginning of the term of the discretion. (Lazatin vs COMELEC 168 SCRA
office involved and the rulings of the board of 391)
canvassers shall be deemed affirmed, without
Pre-Proclamation Contest; Proper Issues prepare the affidavit in accordance with the
(1996) data supplied by the applicant. (Id., sec. 127)
No, 14: 2) Give three issues that can be
properly raised and brought in a pre- Process; Principle of Idem Sonans (1994)
proclamation contest. No. 3; 1) What is your understanding of the
SUGGESTED ANSWER: principle of idem sonans as applied in the
2) According to Section 243 of the Omnibus Election Law?
Election Code, the following issues can be SUGGESTED ANSWER:
properly raised. 1) Under Rule No. 7 of the rules for the
1. The composition or proceedings of the appreciation of ballots in Section 211 of the
board of canvassers are illegal; Omnibus Election Code, the idem sonans rule
2. The canvassed election returns are means that a name or surname incorrectly
incomplete, contain material defects, written which, when read, has a sound similar
approved to be tampered with, or contain to the name or surname of a candidate when
discrepancy in the same returns or in other correctly written shall be counted in his favor.
authenticated copies; ALTERNATIVE ANSWERS:
3. The election returns were prepared under a) Idem sonans literally means the same or
duress, threats, coercion, or intimidation, or similar sound. This principle is made manifest in
they are obviously manufactured or not one of the rules for the appreciation of ballots
authentic; and embodied in the Omnibus Election Code (Sec.
4. Substitute or fraudulent returns in 211, BP 881) stating that "A name or surname
controverted polling places were incorrectly written which when read, has a
canvassed, the results of which materially sound similar to the name or surname of a
affected the standing of the aggrieved candidate when correctly written shall be
candidate or candidates. counted in his favor. Thus, if the name as
spelled in the ballot, though different from the
However, according to Section 15 of the correct spelling thereof, conveys to the ears
Synchronized Election Law no pre-proclamation when pronounced according to the commonly
cases shall be allowed on matters relating to accepted methods, a sound practically Identical
the preparation, transmission, receipt, custody with the sound of the correct name as
and appreciation of the election returns or the commonly pronounced, the name thus given is
certificates of canvass with respect to the a sufficient designation of the person referred
positions of President, Vice-President, Senator to. The question whether one name is idem
and Member of the House of Representatives. sonans with another is not a question of
No pre-proclamation case are allowed in the spelling but of pronunciation. (Mandac v.
case of barangay elections. Samonte, 49 Phil. 284). Its application is
aimed at realizing the objective of every
Process; Illiterate Voters (1987) election which is to obtain the expression of the
No. XII: "A", while of legal age and of sound voters will.
mind, is illiterate. He has asked your advice on
how he can vote in the coming election for his b) The term means sounding the same or
brother, who is running for mayor. This will be nearly alike. The rule is based on the Idea that
the first time "A" will vote and he has never the misspelling of a name or lack of skill in
registered as a voter before. What advice will writing should not be taken as a ground for
you give him on the procedure he needs to rejecting the votes apparently intended for a
follow in order to be able to vote? candidate, so long as the intention of the voter
SUGGESTED ANSWER: appears to be clear. The Supreme Court has
The Constitution provides that until Congress ruled that the principle of idem sonans is
shall have provided otherwise, illiterate and liberally construed. Corpuz v. Ibay, 84 Phil. 184
disabled voters shall be allowed to vote under (1949).
existing laws and regulations (Art, V, Sec. 2). It
is necessary for any qualified voter to register in Process; Stray Ballot (1994)
order to vote. (Omnibus Election Code, Sec. No. 3; 2) What is a "stray ballot"?
115) In the case of illiterate and disabled voters, SUGGESTED ANSWER:
their voter's affidavit may be prepared by any 2) Under Rule No. 19 of the rules for the
relative within the fourth civil degree of appreciation of ballots in Section 211 of the
consanguinity or affinity or by any member of Omnibus Election Code, stray ballot is one cast
the board of election inspectors who shall in favor of a person who has not filed a
certificate of candidacy or in favor of a Decide whether the disqualification case will
candidate for an office for which he did not prosper or not. (5%)
present himself. Although the Code does not SUGGESTED ANSWER:
provide for stray ballot, it is presumed that stray The disqualification case should be dismissed.
ballot refers to stray vote. As held in Borja vs. COMELEC, 295 SCRA157
(1996), in computing the three-term limitation
Recall (2002) imposed upon elective local officials, only the
No XVI. Suppose the people of a province want term for which he was elected to should be
to recall the provincial governor before the end considered. The term which he served as a
of his three-year term of office, result of succession should not be included. It is
A. On what ground or grounds can the not enough that the official has served three
provincial governor be recalled? (1%) consecutive terms. He must have been elected
B. How will the recall be initiated? (2%) to the same position three consecutive times.
C. When will the recall of an elective local
official be considered effective? {2%} Three-Term Limit; from Municipality to
SUGGESTED ANSWER: Newly-Created City (Q9-2005)
In accordance with Section 69 of the Local 2. Manuel was elected Mayor of the
Government Code, the Governor can be Municipality of Tuba in the elections of 1992,
recalled for LOSS OF CONFIDENCE. 1995 and 1998. He fully served his first two
terms, and during his third term, the muni-
Under Section 70 of the Local Government cipality was converted into the component City
Code, the recall may be initiated by a resolution of Tuba. The said charter provided for a hold-
adopted by a majority of all the members of the over and so without interregnum Manuel went
preparatory recall assembly, which consists of on to serve as the Mayor of the City of Tuba.
all the mayors, the vice-mayors, and the
sangguniang members of the municipalities and In the 2001 elections, Manuel filed his
component cities, or by a written petition signed certificate of candidacy for City Mayor. He
by at least twenty-five per cent (25%) of the disclosed, though, that he had already served
total number of registered voters in the for three consecutive terms as elected Mayor
province. when Tuba was still a municipality. He also
stated in his certificate of candidacy that he is
According to Section 72 of the Local running for the position of Mayor for the first
Government Code, the recall of an elective time now that Tuba is a city.
local official shall take effect upon the election
and proclamation of a successor in the person Reyes, an adversary, ran against Manuel and
of the candidate receiving the highest number petitioned that he be disqualified because he
of votes cast during the election on recall. had already served for three consecutive terms
as Mayor. The petition was not timely acted
Three-Term Limit Rule (2001) upon, and Manuel was proclaimed the winner
No XIX - In the May 1992 elections, Manuel with 20,000 votes over the 10,000 votes
Manalo and Segundo Parate were elected as received by Reyes as the only other candidate.
Mayor and Vice Mayor, respectively. Upon the It was only after Manuel took his oath and
death of Manalo as incumbent municipal mayor, assumed office that the COMELEC ruled that
Vice Mayor Segundo Parate succeeded as he was disqualified for having ran and served
mayor and served for the remaining portion of for three consecutive terms. (5%)
the term of office. In the May 1995 election,
Segundo Parate ran for and won as mayor and (a) As lawyer of Manuel, present the
then served for the full term. In the May 1998 possible arguments to prevent his
elections, Parate ran for reelection as Mayor disqualification and removal.
and won again. In the May 2001 election,
Segundo Parate filed his certificate of SUGGESTED ANSWER:
candidacy for the same position of mayor, but As lawyer of Manuel, I would argue that he
his rival mayoralty candidate sought his should not be disqualified and removed
disqualification alleging violation of the three- because he was a three-term mayor of the
term limit for local elective officials provided for municipality of Tuba, and, with its conversion to
in the Constitution and in the Local Government a component city, the latter has a totally
Code. separate and different corporate personality
from that of the municipality. Moreover, as a
rule, in a representative democracy, the people particular election. The permanent vacancy in
should be allowed freely to choose those who the contested office should be filled by
will govern them. Having won the elections, the succession. (Labo v. COMELEC, G.R. No.
choice of the people should be respected. 105111, July 3,1992)
(b) How would you rule on whether or not ALTERNATIVE ANSWER:

Manuel is eligible to run as Mayor of Reyes could not be proclaimed as winner
the newly-created City of Tuba because he did not win the election. To allow
immediately after having already the defeated candidate to take over the
served for three (3) consecutive terms Mayoralty despite his rejection by the electorate
as Mayor of the Municipality of Tuba? is to disenfranchise the electorate without any
fault on their part and to undermine the
SUGGESTED ANSWER: importance and meaning of democracy and the
Manuel is not eligible to run as mayor of the city people's right to elect officials of their choice.
of Tuba. The 1987 Constitution specifically (Benito v. COMELEC, G.R. No. 106053, August
included an exception to the people's freedom 17, 1994)
to choose those who will govern them in order
to avoid the evil of a single person
accumulating excessive power over a particular Vacancy; Effect of Vice-Mayor Acting As
territorial jurisdiction as a result of a prolonged Mayor (2002)
stay in the same office. To allow Manuel to vie No XIV. Suppose A, a Municipal Mayor, went
for the position of city mayor after having on a sick leave to undergo medical treatment
served for three consecutive terms as a for a period of four (4) months. During that time
municipal mayor would obviously defeat the A. Will B, the Municipal Vice-Mayor, be
very intent of the framers when they wrote this performing executive functions? Why? (2%)
exception. Should he be allowed another three B. Will B at the same time be also performing
consecutive terms as mayor of the City of Tuba, legislative functions as presiding officer of
Manuel would then be possibly holding office as the Sangguniang Bayan? Why? (3%)
chief executive over the same territorial SUGGESTED ANSWER:
jurisdiction and inhabitants for a total of A. Since the Municipal Mayor is temporarily
eighteen consecutive years. This is the very incapacitated to perform his duties, in
scenario sought to be avoided by the accordance with Section 46(a) of the Local
Constitution, if not abhorred by it. (Latasa v. Government Code, the Municipal Vice-Mayor
COMELEC, G.R. No. 154829, December 10, shall exercise his powers and perform his
2003) duties and functions. The Municipal Vice-Mayor
will be performing executive functions, because
(c) Assuming that Manuel is not an the functions of the Municipal Mayor are
eligible candidate, rebut Reyes' claim executive.
that he should be proclaimed as
winner having received the next higher B. The Municipal Vice-Mayor cannot continue
number of votes. as presiding officer of the Sangguniang Bayan
while he is acting Municipal Mayor. In
ALTERNATIVE ANSWER: accordance with Gamboa v. Aguirre, 310 SCRA
Reyes cannot be proclaimed winner for 867 (1999), under the Local Government Code,
receiving the second highest number of votes. the Vice-Municipal Mayor was deprived of the
The Supreme Court has consistently ruled that power to preside over the Sangguniang Bayan
the fact that a plurality or a majority of the votes and is no longer a member of it. The temporary
are cast for an ineligible candidate at a popular vacancy in the office of the Municipal Mayor
election, or that a candidate is later declared to creates a corresponding temporary vacancy in
be disqualified to hold office, does not entitle the Office of the Municipal Vice-Mayor when he
the candidate who garnered the second highest acts as Municipal Mayor. This constitutes
number of votes to be declared elected. The inability on his part to preside over the sessions
same merely results in making the winning of the Sangguniang Bayan.
candidate's election a nullity. In the present
case, 10,000 votes were cast for private Vacancy; Rule of Succession (1995)
respondent Reyes as against the 20,000 votes No. 7: The Vice Mayor of a municipality filed his
cast for petitioner Manuel. The second placer is certificate of candidacy for the same office in
obviously not the choice of the people in this the last elections. The Municipal Mayor was
also running for re-election. Both were official SUGGESTED ANSWER:
candidates of the same political party. After the As held in Farinas v. Barba, 256 SCRA 396
last day for the filing of certificates of candidacy, (1996), neither of the appointments is valid.
the Mayor died. Under these facts - Under Section 45 of the Local Government
a) Can the Vice Mayor succeed to the office of Code, in case of a permanent vacancy in the
Mayor pursuant to the provisions of the Sangguniang Bayan created by the cessation in
Local Government Code? Explain. office of a member who does not belong to any
b) Assuming that the Vice Mayor succeeds to political party, the Governor shall appoint a
the position of Mayor after the incumbent qualified person recommended by the
died, which position is now different from Sangguniang Bayan. Since A was not
the one for which he has filed his certificate recommended by the Sangguniang Bayan, his
of candidacy, can he still continue to run as appointment by the Governor is not valid. Since
Vice Mayor? Explain. B was not appointed by the Governor but by the
c) Is there any legal impediment to the Vice Municipal Mayor, his appointment is also not
Mayor to replace the re-electionist Mayor valid.
who died? Explain,
SUGGESTED ANSWER: ARTICLE IX Commission on
Yes, the vice mayor can succeed to the office of
mayor. Under Section 44 of the Local Audit
Government Code, he stands next in line to the COA; Jurisdiction (2001)
office of mayor in case of a permanent vacancy No VIII - The Philippine National Bank was then
in it. His filing of a Certificate of Candidacy for one of the leading government-owned banks
Mayor did not automatically result to his being and it was under the audit jurisdiction of the
considered resigned (Sec. 67, Omnibus Commission on Audit (COA). A few years ago,
Election Code). it was privatized.
Yes, the vice mayor can continue to run as vice What is the effect, if any, of the privatization of
mayor. At the time that he filed his certificate of PNB on the audit Jurisdiction of the COA? (5%)
candidacy, the vice mayor ran for the same SUGGESTED ANSWER:
office he was holding. In determining whether In accordance with the ruling in Philippine
a candidate is running for a position other than Airlines vs. Commission on Audit, 245 SCRA
the one he is holding in a permanent capacity 39,(1995), since the Philippine National Bank is
and should be considered resigned, it is the no longer owned by the Government, the
office he was holding at the time he filed his Commission on Audit no longer has jurisdiction
certificate of candidacy should be considered. to audit it as an institution. Under Section 2(2),
There is no legal impediment to the vice mayor Article IX-D of the Constitution, it is
running as mayor to replace the vice mayor government-owned or controlled corporations
who died under Section 77 of the Omnibus and their subsidiaries which are subject to audit
Election Code, if a candidate dies after the last by the Commission on Audit. However, in
day for filing certificates of candidacy, he may accordance with Section 2(1), Article IX-D of
be replaced by a person belonging to his the Constitution, the Commission on Audit can
political party. However, it is required that he audit the Philippine National Bank with respect
should first withdraw his Certificate of to its accounts because the Government still
Candidacy for Vice-Mayor and file a new has equity in it.
Certificate of Candidacy for Mayor.
COA; Money Claims (1998)
Vacancy; SB; Rule on Succession (2002) No I. - The Department of National Defense
No XV. A vacancy occurred in the sangguniang entered into a contract with Raintree
bayan of a municipality when X, a member, Corporation for the supply of ponchos to the
died. X did not belong to any political party. Armed Forces of the Philippines (AFP),
stipulating that, in the event of breach, action
To fill up the vacancy, the provincial governor may be filed in the proper courts in Manila.
appointed A upon the recommendation of the
sangguniang panlalawigan. On the other hand, Suppose the AFP fails to pay for delivered
for the same vacancy, the municipal mayor ponchos, where must Raintree Corporation file
appointed B upon the recommendation of the its claim? Why? [ 10%]
sangguniang bayan. SUGGESTED ANSWER:
Which of these appointments is valid? (5%) Raintree Corporation must file its claim with the
Commission on Audit, Under Section 2(1) IX-D
of the Constitution, the Commission on Audit
has the authority to settle all accounts
pertaining to expenditure of public funds. ARTICLE X Local Government
Raintree Corporation cannot file a case in court. Appointment of Budget Officer; control vs
The Republic of the Philippines did not waive its supervision (1999)
immunity from suit when it entered into the No V - D. On May 17, 1988, the position of
contract with Raintree Corporation for the Provincial Budget Officer of Province X became
supply of ponchos for the use of the Armed vacant. Pedro Castahon, governor of the
Forces of the Philippines. The contract involves province, pursuant to Sec. 1 of E.O. No. 112,
the defense of the Philippines and therefore submitted the names of three nominees for the
relates to a sovereign function. aforesaid position to the Department of Budget
Management (DBM), one of whom was that of
In United States vs. Ruiz, 136 SCRA 487, Marta Mahonhon. A month later, Castahon
492, the Supreme Court held; "The informed the DBM that Mahonhon had
restrictive application of State immunity is assumed the office of PBO and requested that
proper only when the proceedings arise out she be extended the appropriate appointment.
of commercial transactions of the foreign The DBM Secretary appointed Josefa Kalayon
sovereign. Its commercial activities or instead. Castahon protested the appointment of
economic affairs. Stated differently, a State Kalayon insisting that it is he who had the right
may be said to have descended to the level to choose the PBO by submitting the names of
of an individual and can thus be deemed to his three nominees and Kalayon was not one of
have tacitly given its consent to be sued them. The DBM countered that none of the
only when it enters into business contracts. governor's nominees have the necessary
It does not apply where the contract relates qualifications for the position. Specifically,
to the exercise of its sovereign functions. In Mahonhon lacked the five-year experience in
this case the projects are an integral part of budgeting. Hence, the DBM was left with no
the naval base which is devoted to the alternative but to name one who possesses all
defense of both the United States and the the requisite qualifications in the person of
Philippines, indisputably a function of the Kalayon. It cited Section 6.0 of the DBM Local
government of the highest order; they are Budget Circular No. 31 which states, "The DBM
not utilized for nor dedicated to commercial reserves the right to fill up any existing vacancy
or business purposes." where none of the nominees of the local chief
executive meet the prescribed requirements."
The provision for venue in the contract does not (a) Was the DBM's appointment valid? (2%)
constitute a waiver of the State Immunity from (b) What can you say regarding the above-
suit, because the express waiver of this quoted Section 6.0 of DBM's Local Budget
immunity can only be made by a statute. Circular No. 31? Explain your answers. (2%)
SUGGESTED ANSWER:
In Republic us. Purisima 78 SCRA 470, D. (a) Under Section 1 of Executive Order No.
474, the Supreme Court ruled: "Apparently 112, the Provincial Budget Officer must be
respondent Judge was misled by the terms recommended by the Governor. Since Josefa
of the contract between the private Kalayon was not recommended by the
respondent, plaintiff in his sala and Governor, her appointment is not valid. As held
defendant Rice and Corn Administration in San Juan v. Civil Service Commission, 196
which, according to him, anticipated the SCRA 69, if the person recommended by the
case of a breach of contract between the Governor is not qualified, what the Secretary of
parties and the suits that may thereafter Budget and Management should do is to ask
arise. The consent, to be effective though, him to recommend someone who is eligible.
must come from the State acting through a
duly enacted statute as pointed out by (b) DBM Local Budget Circular No. 31 is not
Justice Bengzon in Mobil." valid, since it is inconsistent with Executive
Order No. 112, which requires that the
ALTERNATIVE ANSWER: appointee for Provincial Budget Officer be
In accordance with the doctrine of exhaustion of recommended by the Governor. (Under the
administrative remedies, Raintree Corporation Local Government Code, it is now the local
should first file a claim with the Commission on chief executive who is empowered to appoint
Audit. If the claim is denied, it should file a the budget officer).
petition for certiorari with the Supreme Court.
Boundary Dispute Resolution; LGU; RTC’s A plebiscite is necessary, because this is
Jurisdiction (Q10-2005) required for the creation of a new municipality.
1 - There was a boundary dispute between (Section 10, Article X of the 1987 Constitution.)
Duenas, a municipality, and Passi, an The voters of both Madako and Masigla should
independent component city, both of the same participate in the plebiscite, because both are
province. State how the two local government directly affected by the creation of Masigla. The
units should settle their boundary dispute. (5%) territory of Madako will be reduced. (Tan v.
SUGGESTED ANSWER: COMELEC, 142 SCRA 727 [1986).
Boundary disputes between local government
units should, as much as possible, be settled De Facto Public Corporations; Effect (2004)
amicably. After efforts at settlement fail, then NO. VII - MADAKO is a municipality composed
the dispute may be brought to the appropriate of 80 barangays, 30 west of Madako River and
Regional Trial Court in the said province. Since 50 east thereof. The 30 western barangays,
the Local Government Code is silent as to what feeling left out of economic initiatives, wish to
body has exclusive jurisdiction over the constitute themselves into a new and separate
settlement of boundary disputes between a town to be called Masigla. A law is passed
municipality and an independent component creating Masigla and a plebiscite is made in
city of the same province, the Regional Trial favor of the law.
Courts have general jurisdiction to adjudicate
the said controversy. (Mun. of Kananga v. B. Suppose that one year after Masigla was
Madrona, G.R. No. 141375, April 30, 2003) constituted as a municipality, the law creating it
is voided because of defects. Would that
Boundary Dispute Settlement; Authority; invalidate the acts of the municipality and/or its
Jurisdiction (1999) municipal officers? Explain briefly. (5%)
No V - C. What body or bodies are vested by SUGGESTED ANSWER:
law with the authority to settle disputes Although the municipality cannot be considered
involving: as a de facto corporation, because there is no
(1) two or more towns within the same valid law under which it was created, the acts of
province; (1%) the municipality and of its officers will not be
(2) two or more highly urbanized cities. (1%) invalidated, because the existence of the law
SUGGESTED ANSWER: creating it is an operative fact before it was
1.) Under Section 118(b) of the Local declared unconstitutional. Hence, the previous
Government Code, boundary disputes involving acts of the municipality and its officers should
two or more municipalities within the same be given effect as a matter of fairness and
province shall be settled by the sangguniang justice. (Municipality ofMalabang v. Benito, 27
panlalawigan concerned. SCRA 533 [1969]
2.) Under Section 118(d) of the Local Devolution of Power (1999)

Government Code, boundary disputes involving Define devolution with respect to local
two or more highly urbanized cities shall be government units.
settled by the sangguniang panlungsod of the SUGGESTED ANSWER:
parties. Section 17(e) of the Local Government Code
defines devolution as the act by which the
Creation of New Local Government Units; National Government confers power and
Plebiscite Requirement (2004) authority upon the various local government
NO. VII - MADAKO is a municipality composed units to perform specific functions and
of 80 barangays, 30 west of Madako River and responsibilities.
50 east thereof. The 30 western barangays,
feeling left out of economic initiatives, wish to Franchise; prior approval of LGU necessary
constitute themselves into a new and separate (1988)
town to be called Masigla. No. 9: Macabebe, Pampanga has several
barrios along the Pampanga river. To service
A. Granting that Masigla’s proponents the needs of their residents the municipality has
succeed to secure a law in their favor, would a been operating a ferry service at the same river,
plebiscite be necessary or not? If it is for a number of years already.
necessary, who should vote or participate in the
plebiscite? Discuss briefly. (5%) Sometime in 1987, the municipality was served
SUGGESTED ANSWER: a copy of an order from the Land Tansportation
Franchising and Regulatory Board (LTFRB), goes against the aforesaid constitutional
granting a certificate of public convenience to requirement of three year terms for local
Mr. Ricardo Macapinlac, a resident of officials except for barangay officials.
Macabebe, to operate ferry service across the
same river and between the same barrios being Ordinance; Use & Lease of Properties;
serviced presently by the municipality's ferry Public Use (1997)
boats. A check of the records of the application No. 9: Due to over-crowding in the public
of Macapinlac shows that the application was market in Paco, Manila, the City Council passed
filed some months before, set for hearing, and an ordinance allowing the lease to vendors of
notices of such hearing were published in two parts of the streets where the public market is
newspapers of general circulation in the town of located, provided that the lessees pay to the
Macabebe, and in the province of Pampanga. city government a fee of P50 per square meter
The municipality had never been directly served of the area occupied by the lessees. The
a copy of that notice of hearing nor had the residents in the area complained to the Mayor
Sangguniang Bayan been requested by that the lease of the public streets would cause
Macapinlac for any operate. The municipality serious traffic problems to them. The Mayor
immediately filed a motion for reconsideration cancelled the lease and ordered the removal of
with the LTFRB which was denied. It the went the stalls constructed on the streets.
to the Supreme Court on a petition for certiorari Was the act of the Mayor legal?
to nullify the order granting a certificate of public SUGGESTED ANSWER:
convenience to Macapinlac on two grounds: The cancellation of the lease and the removal
(1) Denial of due process to the municipality; of the stalls are valid. As held in Macasiano vs.
and Diokno, 212 SCRA 464, the lease of public
(2) For failure of Macapinlac to secure approval streets is void, since they are reserved for
of the Sangguniang Bayan for him to public use and are outside the commerce of
operate a ferry service in Macabebe, man.
Resolve the two points in the petition with
reasons. Ordinance; Validity; Closure or Lease of
SUGGESTED ANSWER: Properties for Public Use (2003)
The petition for certiorari should be granted, No XI - An aggrieved resident of the City of
1. As a party directly affected by the operation Manila filed mandamus proceedings against the
of the ferry service, the Municipality of city mayor and the city engineer to compel
Macabebe, Pampanga was entitled to be these officials to remove the market stalls from
directly notified by the LTFRB .... certain city streets which they had designated
as flea markets. Portions of the said city streets
2. It has been held that where a ferry were leased or licensed by the respondent
operation lies entirely within the municipality, officials to market stallholders by virtue of a city
the prior approval of the Municipal government ordinance. Decide the dispute.
is necessary. Once approved, the operator FIRST ALTERNATIVE ANSWER:
must then apply with the LTFRB for a certificate The petition should be granted. In accordance
of public convenience and shall be subject to with Macasiano v. Diokno. 212 SCRA 464
LTFRB supervision, (Municipality of Echague v. [1992], since public streets are properties for
Abellera, supra). public use and are outside the commerce of
man, the City Mayor and the City Engineer
Law fixing the terms of local elective cannot lease or license portions of the city
officials (Q4-2006) streets to market stallholders.
State whether or not the law is constitutional. SECOND ALTERNATIVE ANSWER:
Explain briefly. The petition should be denied. Under Section
3. A law fixing the terms of local elective 21(d)of the Local Government Code, a city may
officials, other than barangay officials, to 6 by ordinance temporarily close a street so that
years. (2%) a flea market may be established.
SUGGESTED ANSWER:
The law is invalid. Under Article X, Section 8 of Ordinance; Validity; Compensation;
the 1987 Constitution, "the term of office of Tortuous Act of an Employee (1994)
elective local officials, except barangay officials, No. 6; Johnny was employed as a driver by the
which shall be determined by law, shall be three Municipality of Calumpit, Bulacan. While driving
years and no such official shall serve for more recklessly a municipal dump truck with its load
than three consecutive terms." The law clearly of sand for the repair of municipal streets,
Johnny hit a jeepney. Two passengers of the be charged to property owners benefited by
jeepney were killed. public works, because the essential difference
between a tax and such assessment is
The Sangguniang Bayan passed an ordinance precisely that the latter is based wholly on
appropriating P300,000 as compensation for benefits received.
the heirs of the victims.
1) Is the municipality liable for the negligence However, if the ordinance levies a tax on all
of Johnny? business establishments located outside the
2) Is the municipal ordinance valid? private subdivision, then it is objectionable on
the ground that it appropriate private funds for a
SUGGESTED ANSWER: public purpose. (Pascual v. Secretary of Public
2) The ordinance appropriating P300,000.00 for Works, supra)
the heirs of the victims of Johnny is void. This
amounts to appropriating public funds for a Ordinance; Validity; Preventing Immorality
private purpose. Under Section 335 of the Local (1987)
Government Code, no public money shall be (c) An ordinance prohibiting barbershop
appropriated for private purposes. operators from rendering massage service to
their customers in a separate room.
ALTERNATIVE ANSWER; SUGGESTED ANSWER:
Upon the foregoing considerations, the (c) The ordinance is valid. In Velasco v,
municipal ordinance is null and void for being Villegas, 120 SCRA 658 (1983) such ordinance
ultra vires. The municipality not being liable to was upheld on the ground that it is a means of
pay compensation to the heirs of the victims, enabling the City of Manila to collect a fee for
the ordinance is utterly devoid of legal basis. It operating massage clinics and of preventing
would in fact constitute an illegal use or immorality which might be committed by
expenditure of public funds which is a criminal allowing the construction of separate rooms in
offense. What is more, the ordinance does not barber shops.
meet one of the requisites for validity of
municipal ordinances, ie., that it must be in Ordinance; Validity; Utilization &
consonance with certain well-established and Development; National Wealth (1991)
basic principles of a substantive nature, to wit: it No. 5; The province of Palawan passes an
does not contravene the Constitution or the law, ordinance requiring all owners/operators of
it is not unfair or oppressive. It is not partial or fishing vessels that fish in waters surrounding
discriminatory. It is consistent with public policy, the province to invest ten percent (10%) of their
and it is not unreasonable. net profits from operations therein in any
enterprise located in Palawan.
Ordinance; Validity; Local Taxation vs.
Special Assessment (1987) NARCO Fishing Corp., a Filipino corporation
1987 No. V: State whether or not the following with head office in Navotas, Metro Manila,
city ordinances are valid and give reasons in challenges the ordinance as unconstitutional.
support of your answers: Decide the case.
SUGGESTED ANSWER:
(b) An ordinance on business establishments to The ordinance is invalid. The ordinance was
raise funds for the construction and apparently enacted pursuant to Article X, Sec. 7
maintenance of roads in private subdivisions, of the Constitution, which entitles local
which roads are open for use by segments of governments to an equitable share in the
the public who may have business inside the proceeds of the utilization and development of
subdivision. the national wealth within their respective
SUGGESTED ANSWER: areas. However, this should be made pursuant
(b) The ordinance is valid. The charge on the to law. A law is needed to implement this
business establishments is not a tax but a provision and a local government cannot
SPECIAL ASSESSMENT. Hence, the holding constitute itself unto a law. In the absence of a
in Pascual v. Secretary of Public Works, 110 law the ordinance in question is invalid.
Phil. 331 (1960), that public funds cannot be
appropriated for the construction of roads in a Ordinances; Validity; Amending Nat’l Laws
private subdivision, does not apply. As held in (1988)
Apostolic Prefect v. City Treasurer of Baguio, No. 4: Jose Y. Sabater is a real estate
71 Phil. 547 (1941), special assessments may developer. He acquires raw lands and converts
them into subdivisions. After acquiring a lot of power of Tacloban City to suppress gambling
around 15 hectares in Cabanatuan City, he and prohibited games of chance excludes of
caused the preparation of a subdivision plan for chance permitted by law. Implied repeals are
the property. Before he was able to submit the not favored. (Basco v. PAGCOR)
subdivision plan to the Bureau of Lands and/or
Land Registration Commission for verification Ordinances; Validity; Limitation of Penalties
and/or approval, he was informed that he must (1991)
first present the plan to the City Engineer who No. 10: The municipality of Alcoy, Cebu,
would determine whether the zoning ordinance passed Ordinance No. 10, series of 1991,
of the Cabanatuan City had been observed. He requiring owners, administrators, or tenants of
was surprised when he was asked to pay the buildings and premises to keep and maintain
city government a service fee of P0.30 per them in sanitary condition, and should they fail
square meter of land, covered by his to do so, cause them to be cleared and kept in
subdivision plan. He was even more surprised sanitary condition and the cost thereof to be
when informed that a fine of P200.00 and/or assessed against the owner, administrator or
imprisonment for not exceeding six months or tenant, as the case may be, which cost shall
both, have been fixed in the ordinance as constitute a lien against the property. It further
penalty for violation thereof. Believing that the penalizes violation thereof with a fine not
city ordinance is illegal, he filed suit to nullify the exceeding One Thousand Pesos (P1,000.00) or
same. imprisonment for one (1) year at the discretion
Decide the case with reasons. of the court. Is the ordinance valid?
The ordinance is null and void. In Villacorta v. The ordinance is valid insofar as it requires
Bernardo, 143 SCRA 480 (1986) the Supreme owners, administrators, or tenants of buildings
Court held that a municipal ordinance cannot and premises to keep and maintain them in
amend a national law in the guise of sanitary condition and provides that should they
implementing it. In this case, the requirement fail to do so, the municipality shall cause them
actually conflicts with sec. 44 of Act No. 496 to be cleaned and the cost shall be assessed
because the latter does not require subdivision against the owner, administrator, or tenant and
plans to be submitted to the City Engineer shall be a lien against the property. This is
before they can be submitted for approval to, expressly authorized by Sec. 149(kk) of the
and verification by, the Land Registration Local Government Code.
Commission and/or the Bureau of Lands.
However, the penalty for the violation of the
Ordinances; Validity; Gambling Prohibition ordinance is invalid, because it is excessive.
(1995) The penalty in this case is a fine not exceeding
No. 4: 2. PAGCOR decided to operate a casino P1,000 or imprisonment for one year, in the
in Tacloban City under authority of P.D. No. discretion of the court. Under Sec. 149 (c) of
1869. It leased a portion of a building belonging the Local Government Code, however, the
to Ellen McGuire renovated and equipped it in penalty for the violation of a municipal
preparation for its inauguration. The ordinance can not exceed a fine of P1,000.00
Sangguniang Panlungsod of Tacloban City or Imprisonment for six months, or both at the
enacted an ordinance prohibiting the operation discretion of the court.
of casinos in the City and providing penalty for
its violation. Ellen McGuire and PAGCOR Ordinances; Veto Power (1996)
assailed the validity of the ordinance in court. (1) How does the local legislative assembly
How would you resolve the issue? Discuss fully. override the veto by the local chief
SUGGESTED ANSWER: executive of an ordinance?
The ordinance should be declared invalid. As (2) On what grounds can a local chief
held in Magtajas vs. Pryce Properties executive veto an ordinance?
Corporation. Inc., 234 SCRA 255. such an (3) How can an ordinance vetoed by a local
ordinance contravenes Presidential Decree No. chief executive become a law without it
1869, which authorizes the Philippine being overridden by the local legislative
Amusement and Gaming Corporation to assembly?
operate casinos within the territorial Jurisdiction SUGGESTED ANSWER:
of the Philippines, because it prevents the said (1) Under Sections 54 (a) and 55 (c) of the
corporation from exercising the power conferred Local Government Code, the local
on it to operate a casino in Tacloban City. The legislative assembly can override the veto
of the local chief executive by two-thirds Lake Development Authority vs. Court of
vote of all its members. Appeals, 231 SCRA 292, under Republic Act
No, 4850, the Laguna Lake Development
(2) Under Section 55[a] of the Local Authority is mandated to promote the
Government Code, the local chief executive development of the Laguna Lake area,
may veto an ordinance on the ground that it including the surrounding Province of Rizal,
is ULTRA VIRES or PREJUDICIAL TO THE with due regard to the prevention of pollution.
PUBLIC WELFARE. The Laguna Lake Development Authority is
mandated to pass upon and approve or
(3) Pursuant to Section 54(b) of the Local disapprove all projects proposed by local
Government Code, an ordinance vetoed by government offices within the region.
the local chief executive shall be deemed
approved if he does not communicate his 2. Yes, the Laguna Lake Development
veto to the local legislative assembly within Authority can justify its order. Since it has been
15 days in the case of a province and 10 authorized by Executive Order No. 927 to make
days in the case of a city or a municipality. orders requiring the discontinuance of pollution,
Likewise, if the veto by the local executive its power to issue the order can be inferred from
has been overridden by the local legislative this. Otherwise, it will be a toothless agency.
assembly, a second veto will be void. Under Moreover, the Laguna Lake Development
Section 55(c) of the Local Government Authority is specifically authorized under its
Code, the local chief executive may veto an Charter to issue cease and desist orders.
ordinance only once.
Power to Issue Subpoena & Cite For
Police Power; LLDA (1995) Contempt (1993)
No. 9: The Municipality of Binangonan, Rizal, No 6: Mayor Alfredo Lim closed the funhouses
passed a resolution authorizing the operation of in the Ermita district suspected of being fronts
an open garbage dumpsite in a 9- hectare land for prostitution. To determine the feasibility of
in the Reyes Estate within the Municipality's putting up a legalized red light district, the city
territorial limits. Some concerned residents of council conducted an inquiry and invited
Binangonan filed a complaint with the Laguna operators of the closed funhouses to get their
Lake Development Authority (LLDA) to stop the views. No one honored the Invitation. The city
operation of the dumpsite due to its harmful council issued subpoenas to compel the
effects on the health of the residents. The LLDA attendance of the operators but which were
conducted an on-site investigation, monitoring, completely disregarded. The council declared
testing and water sampling and found that the the operators guilty of contempt and issued
dumpsite would contaminate Laguna de Bay warrants for their arrest.
and the surrounding areas of the Municipality.
The LLDA also discovered that no The operators come to you for legal advice,
environmental clearance was secured by the asking the following questions:
Municipality from the Department of (1) Is the council empowered to issue
Environment and Natural Resources (DENR) subpoenas to compel their attendance?
and the LLDA as required by law. The LLDA (2) Does the council have the power to cite for
therefore issued to the Binangonan municipal contempt?
government a cease and desist order to stop SUGGESTED ANSWER:
the operation of the dumpsite. The Municipality (1) The city council is not empowered to issue
of Binangonan filed a case to annul the order subpoenas to compel the attendance of the
issued by the LLDA. operators of the fun-houses In the Ermita
(1) Can the Municipality of Binangonan invoke district. There is no provision in the
police power to prevent its residents and Constitution, the Local Government Code,
the LLDA from interfering with the operation or any law expressly granting local
of the dumpsite by the Municipality? legislative bodies the power to subpoena
Explain. witnesses. As held in Negros Oriental II
(2) Can the LLDA justify its order by asserting Electric Cooperative, Inc. vs. Sangguniang
that the health of the residents will be Panlungsod of Dumaguete, 155 SCRA 421,
adversely affected. Explain. such power cannot be implied from the
SUGGESTED ANSWER: grant of delegated legislated power. Such
1. No, the Municipality of Binangonan cannot power is Judicial. To allow local legislative
invoke its police power. According to Laguna bodies to exercise such power without
express statutory basis would violate the of Appeals, G.R. No. 107916, February 20,
doctrine of separation of powers. 1997)
(2) The city council does not have the power to The question of whether there is genuine
cite for contempt. There is likewise no necessity for the expropriation of Christina's lot
provision in the Constitution, the Local or whether the municipality has other and better
Government Code, or any other laws lots for the purpose is a matter that will have to
granting local legislative bodies the power be resolved by the Court upon presentation of
to cite for contempt. Such power cannot be evidence by the parties to the case.
deemed implied in the delegation of
legislative power to local legislative bodies, Powers of Barangay Assembly (2003)
for the existence of such power poses a Can a Barangay Assembly exercise any police
potential derogation of individual rights. power?
SUGGESTED ANSWER:
Power; Eminent Domain; LGU; Right to No, the Barangay Assembly cannot exercise
Exercise (Q10-2005) any police power. Under Section 398 of the
The Sangguniang Bayan of the Municipality of Local Government Code, it can only
Santa, Ilocos Sur passed Resolution No. 1 recommend to the Sangguniang Barangay the
authorizing its Mayor to initiate a petition for the adoption of measures for the welfare of the
expropriation of a lot owned by Christina as site barangay and decide on the adoption of an
for its municipal sports center. This was initiative.
approved by the Mayor. However, the
Sangguniang Panlalawigan of Ilocos Sur Powers; Liga ng mga Barangay (2003)
disapproved the Resolution as there might still Can the Liga ng mga Barangay exercise
be other available lots in Santa for a sports legislative powers?
center. SUGGESTED ANSWER:
The Liga ng Mga Barangay cannot exercise
Nonetheless, the Municipality of Santa, through legislative powers. As stated in Bito-Onon v.
its Mayor, filed a complaint for eminent domain. Fernandez. 350 SCRA 732 [2001], it is not a
Christina opposed this on the following local government unit and its primary purpose is
grounds: (a) the Municipality of Santa has no to determine representation of the mga in the
power to expropriate; (b) Resolution No. 1 has sanggunians; to ventilate, articulate, and
been voided since the Sangguniang crystallize issues affecting barangay
Panlalawigan disapproved it for being arbitrary; government administration; and to secure
and (c) the Municipality of Santa has other and solutions for them through proper and legal
better lots for that purpose. means.
Resolve the case with reasons. (5%)
Requisites; Contracts Involving LGU (1991)
SUGGESTED ANSWER: The Municipality of Sibonga, Cebu, wishes to
Under Section 19 of R.A. No. 7160, the power enter into a contract involving expenditure of
of eminent domain is explicitly granted to the public funds. What are the legal requisites
municipality, but must be exercised through an therefor?
ordinance rather than through a resolution. SUGGESTED ANSWER:
(Municipality ofParanaque v. V.M. Realty Corp., The following are the legal requisites for the
G.R. No. 127820, July 20, 1998) validity of a contract to be entered into by the
Municipality of Sibonga, which involves the
The Sangguniang Panlalawigan of Ilocos Sur expenditure of public funds:
was without the authority to disapprove (1) The contract must be within the power of
Resolution No. 1 as the municipality clearly has the municipality;
the power to exercise the right of eminent (2) The contract must be entered into by the
domain and its Sangguniang Bayan the proper officer, i.e., the mayor, upon
capacity to promulgate said resolution. The only resolution of the Sangguniang Bayan
ground upon which a provincial board may pursuant to Section 142 of the Local
declare any municipal resolution, ordinance or Government Code;
order invalid is when such resolution, ordinance (3) In accordance with Sec. 606 of the Revised
or order is beyond the powers conferred upon Administrative Code, there must be an
the council or president making the same. Such appropriation of the public funds; and in
is not the situation in this case. (Moday v. Court accordance with Sec. 607, there must be a
certificate of availability of funds issued by not liable for real estate tax on the property
the municipal treasurer; and belonging to the government which it occupy.
(4) The contract must conform with the formal However, Section 234 of the Local Government
requisites of written contracts prescribed by Code subsequently withdrew the exemption
law. from real property taxes of government-owned
or controlled corporations. If I were the Judge,
Requisites; Contracts involving LGU (1995) I would hold the National Development
No. 4: 1. What are the conditions under which a Company liable for real estate taxes.
local executive may enter into a contract in
behalf of his government unit? Taxation; Sources of Revenue (1999)
SUGGESTED ANSWER: No V - Under the Constitution, what are the
1. The following are the conditions under which three main sources of revenues of local
a local executive may enter into a contract in government units? (2%)
behalf of the government until: SUGGESTED ANSWER:
(1) The local government unit must have the The following are the main sources of revenues
power to enter into the particular contract; of local government units under the
(2) Pursuant to Section 22(c) of the Local Constitution:
Government Code, there must be a prior 1. Taxes, fees, and charges. (Section 5, Article
authorization by the sangguniang X)
concerned, and a legible copy of the 2. Share in the national taxes. (Section 6,
contract shall be posted at a conspicuous Article X)
place in the provincial capitol or the city, 3. Share in the proceeds of the utilizations and
municipal or barangay hall. development of the national wealth within
(3) In accordance with Sections 46 and 47, their areas. (Section 7, Article X}
Chapter 8, Subtitle B. Book V of the 1987
Administrative Code, if the contract Involves Withdrawal of Public Property from Public
the expenditure of public funds, there must Use (1990)
be an appropriation therefore and a No. 8: XYZ, a corporation organized under the
certificate of availability of funds by the laws of Hongkong, with 100% foreign equity,
treasurer of the local government unit. obtained from the Securities and Exchange
(4) The contract must conform with the formal Commission a license to operate a prawn
requisites of written contracts prescribed by hatchery project on a piece of land leased from
law. the City of Dagupan. The land was formerly a
(5) Pursuant to Section 2068 of the Revised park and plaza belonging to the City and was
Administrative Code, if a province is a party converted by the City to derive much needed
to a contract conveying title to real property, funds.
the contract must be approved by the (1) May the City of Dagupan lawfully convert
President. Under Section 2196 of the the park to prawn ponds and lease the same?
Revised Administrative Code, if a Explain your answer.
municipality is a party to a contract (2) May the City of Dagupan and XYZ
conveying real property or any Interest in it corporation validly enter into the lease contract
or creating a lien upon it, the contract must for the prawn ponds? Answer with reasons.
be approved by the provincial governor. SUGGESTED ANSWER:
(1) Yes, the City of Dagupan may lawfully
Taxation; GOCC Liability For Real Estate convert the park into prawn ponds and lease
Tax (1999) them. A city may close a park and plaza and
No VI - C. The Province of X required the once the property has been withdrawn from
National Development Company to pay real public use, it falls within the commerce of man
estate taxes on the land being occupied by and may be leased. Section 10 of the Local
NDC and the latter argued that since it is a Government Code provides:
government-owned corporation, its properties "A local government unit may likewise,
are exempt from real estate taxes. If you were through its head acting pursuant to a
the Judge, how would you decide the case? resolution of its sanggunian and in
Reason out. (2%) accordance with existing law and the
SUGGESTED ANSWER: provisions of this Code, close any
In National Development Company v. Cebu barangay, municipal, city or provincial
City, 215 SCRA 382, the Supreme Court held road, street, alley park or square. No
that the National Development Company was such way or place or any part thereof
shall be closed without indemnifying Alcantara cannot reassume office as member of
any person prejudiced thereby. A the Sangguniang Bayan. As held in
property thus withdrawn from public use Sangguniang Bayan of San Andres v. Court of
may be used or conveyed for any Appeals, 284 SCRA 276 (1998), Alcantara
purpose for which other real property should be deemed to have abandoned his
belonging to the local unit concerned position as member of the Sangguniang Bayan.
might be lawfully used or conveyed." His intention to abandon his position is shown
by his failure to perform his function as member
In Favis v. City Baguio, 27 SCRA 1060, it was of the Sangguniang Bayan, his failure to collect
held that the City of Baguio could close a street the salary for the position, his failure to object to
and lease it since it had become patrimonial the appointment of his replacement, and his
property. Likewise, in Cebu Oxygen and failure to initiate any act to reassume his post
Acetylene Company, Inc. a Berceles, 66 SCRA after the reorganization of the Sangguniang
481, it was held that the City of Cebu could Bayan was voided.
close a street and sell it thereafter.
Alcantara effected his intention by his letter of
(2) Since the City of Dagupan has the power to resignation, his assumption of office as member
convert the park into prawn ponds it can also of the Sangguniang Panlalawigan, his
lease it to XYZ even though XYZ is a 100%- discharge of his duties as its member, and his
foreign corporation. The operation of a prawn receipt of the salary for such post.
hatchery does not involve exploitation of natural
resources within the meaning of Sections 2 and Alcantara cannot be deemed to have lost his
3, Article XII of the 1987 Constitution. office as member of the Sangguniang Bayan by
(Secretary of Justice, Op. No. 3, s. 1988) Since resignation. Under Section 82 of the Local
the portion of the park had been withdrawn from Government Code, the resignation should be
public use, it could be disposed for any lawful submitted to the Sangguniang Bayan. He
purpose including leasing it to a foreign submitted it to the Mayor instead, and the
corporation. resignation was not accepted.
Discipline; Clemency; Doctrine of

ARTICLE XI Accountability of Condonation (2000)
No VI. A provincial governor duly elected to
Public Officers office was charged with disloyalty and
suspended from office pending the outcome of
Abandonment of Office (2000) the formal investigation of the charges against
No VII. Alcantara was elected barangay him. The Secretary of Interior and Local
chairman and later president of the Association Governments found him guilty as charged and
of Barangay Councils in his municipality. In that removed him from office. He filed a petition
capacity, he was appointed by the President as before the Supreme Court questioning his
member of the Sangguniang Bayan of his removal. While the case was pending before
municipality. Later, the Secretary of Interior and the Supreme Court, he filed his certificate of
Local Governments appointed Alcantara as candidacy for the position of Governor and won,
member of the Sanggunlang Panlalawigan of and was proclaimed Governor. He claims his
their province to meet a reorganizational reelection to the position of Governor has
contingency, and Mendoza took his place in the rendered the pending administrative case
Sangguniang Bayan. Alcantara then wrote a against him moot and academic. Is he correct?
letter of resignation from the Sangguniang Explain. (5%)
Bayan addressed to the Mayor of the SUGGESTED ANSWER:
municipality, ceased functioning as member Yes, the re-election of the governor has
thereof and assumed office and performed his rendered the pending administrative case
functions as member of the Sanggunlang against him moot. As explained in Aguinaldo v.
Panlalawigan. Later, the reorganization of the Santos, 212 SCRA 768 (1992), a local elective
Sangguniang Panlalawigan and the official cannot be removed from office for
appointment of Mendoza were voided. Can misconduct committed during his previous term,
Alcantara reassume office as member of the because each term is separate and the people
Sangguniang Bayan or has he lost it because of by re-electing him are deemed to have forgiven
resignation? abandonment? Explain. (5%) his misconduct.
SUGGESTED ANSWER:

Discipline; Effect of Pardon Granted in b) Can he claim salary for the period that his
Favor of Public Officers (1999) case was pending appeal? Why? (2%)
No IV - C. A City Assistant Treasurer was SUGGESTED ANSWER;
convicted of Estafa through falsification of
a) Alfonso Beit cannot claim any
public document. While serving sentence, he
salary for the period of his preventive
was granted absolute pardon by the President.
suspension during the pendency of the
1. Assuming that the position of Assistant City investigation. As held in Gloria vs. Court of
Treasurer has remained vacant, would he Appeals, 306 SCRA 287 (1997), under Section
be entitled to a reinstatement without the 52 of the Civil Service Law, the provision for
need of a new appointment? Explain. (2%) payment of salaries during the period of
preventive suspension during the pendency of
2. If later the same position becomes vacant,
the investigation has been deleted. The
could he reapply and be reappointed?
preventive suspension was not a penalty. Its
Explain. (2%)
imposition was lawful, since it was authorized
SUGGESTED ANSWER: by law.
C. 1.) As held in Monsanto v. Factoran, b) If the penalty was modified
170 SCRA 190, pardon merely frees the because Alfonso Beit was exonerated of the
individual from all the penalties and legal charge that was the basis for the decision
disabilities imposed upon him because of his ordering his dismissal, he is entitled to back
conviction. It does not restore him to the public wages, otherwise, this would be tantamount to
office relinquished by reason of the conviction. punishing him after exoneration from the charge
which caused his dismissal. [Gloria vs. Court of
FIRST ALTERNATIVE ANSWER:
Appeals, 3O6 SCRA 287 (1997)]. If he was
2.) The Assistant City Treasurer can reprimanded for the same charge which was
reapply and be appointed to the position, since the basis of the decision ordering his dismissal,
the pardon removed the disqualification to hold Alfonso Belt is not entitled to back wages,
public office. because he was found guilty, and the penalty
was merely commuted. (Dela Cruz vs. Court of
Appeals, 305 SCRA 303 (1998)].
2.) The Assistant City Treasurer cannot
reapply and be appointed to the position, Under
Article 36 of the Revised Penal Code, a pardon Discipline; Preventive Suspension (1990)
does not restore the right to hold public office
No. 6: In 1986, F, then the officer-in-charge of
unless such right be expressly restored by the
Botolan, Zambales, was accused of having
pardon;
violated the Anti-Graft and Corrupt Practices
Act before the Sandiganbayan. Before he could
be arrainged, he was elected Governor of
Discipline; Preventive Suspension &
Zambales, After his arraignment, he was put
Appeal; entitlement to salary pendente
under preventive suspension by the
(2001)
Sandiganbayan "for the duration of the trial".
No XV - Alfonso Beit, a supply officer in the
(1) Can F successfully challenge the
Department of Science and Technology
legality of his preventive suspension on the
(DOST), was charged administratively. Pending
ground that the criminal case against him
investigation, he was preventively suspended
involved acts committed during his term as
for 90 days. The DOST Secretary found him
officer-in-charge and not during his term as
guilty and meted him the penalty of removal
Governor?
from office. He appealed to the Civil Service
Commission (CSC). In the meantime, the (2) Can F validly object to the
decision was executed pending appeal. The aforestated duration of his suspension?
CSC rendered a decision which modified the
SUGGESTED ANSWER:
appealed decision by imposing only a penalty of
reprimand, and which decision became final. (1) No, F cannot successfully challenge the
legality of his preventive suspension on the
a) Can Alfonso Belt claim salary for the period
ground that the criminal case against him
that his case was pending investigation? Why?
involve acts committed during his term as OIC
(3%)
and not during his term as governor because
suspension from office under Republic Act 3019 Section 13 of the Anti-Graft and Corrupt
refers to any office that the respondent is Practices Act, which is not a penalty but a
presently holding and not necessarily to the one preventive measure. Since Section 13 of the
which he hold when he committed the crime Anti-Graft and Corruption Practices Act does
with which he is charged. This was the ruling in not state that the public officer must be
Deloso v. Sandiganbayan 173 SCRA 409. suspended only in the office where he is
alleged to have committed the acts which he
(2) Yes, F can validly object to the duration of
has been charged, it applies to any office which
the suspension. In Deloso u. Sandiganbayan,
he may be holding.
173 SCRA 409, it was held that the imposition
of preventive suspension for an indefinite period Elective and Appointive Officials:
of time is unreasonable and violates the right of disciplinary authority (2004)
the accused to due process. The people who 2004 (3-b) CTD, a Commissioner of the
elected the governor to office would be National Labor Relations Commission (NLRC),
deprived of his services for an indefinite period, sports a No. 10 car plate. A disgruntled litigant
and his right to hold office would be nullified. filed a complaint against him for violation of the
Moreover, since under Section 42 of the Civil Anti-Graft and Corrupt Practices Act before the
Service Decree the duration of preventive Ombudsman. CTD now seeks to enjoin the
suspension should be limited to ninety (90) Ombudsman in a petition for prohibition,
days, equal protection demands that the alleging that he could be investigated only by
duration of preventive suspension under the the Supreme Court under its power of
Anti-Graft and Corrupt Practices Act he also supervision granted in the Constitution. He
limited to ninety (90) days. contends that under the law creating the NLRC,
he has the rank of a Justice of the Court of
Discipline; Preventive Suspension (2002)
Appeals, and entitled to the corresponding
No II. Simeon Valera was formerly a Provincial privileges. Hence, the OMB has no jurisdiction
Governor who ran and won as a Member of the over the complaint against him.
House of Representatives for the Second Should CTD's petition be granted or dismissed?
Congressional District of lloilo. For violation of Reason briefly. (5%)
Section 3 of the Anti-Graft and Corrupt
Practices Act (R.A. No.3019), as amended, SUGGESTED ANSWER:
allegedly committed when he was still a The petition of CTD should be dismissed.
Provincial Governor, a criminal complaint was Section 21 of the Ombudsman Act vests the
filed against him before the Office of the Office of the Ombudsman with disciplinary
Ombudsman for which, upon a finding of authority over all elective and appointive
probable cause, a criminal case was filed with officials of the government, except officials who
the Sandiganbayan. During the course of trial, may be removed only by impeachment,
the Sandiganbayan issued an order of Members of Congress, and the Judiciary. While
preventive suspension for 90 days against him. CTD has the rank of a Justice of the Court of
Appeals, he does not belong to the Judiciary
Representative Valera questioned the
but to the Executive Department. This simply
validity of the Sandiganbayan order on the
means that he has the same compensation and
ground that, under Article VI , Section 16(3) of
privileges as a Justice of the Court of Appeals.
the Constitution, he can be suspended only by
If the Supreme Court were to investigate CTD,
the House of Representatives and that the
it would be performing a non-judicial function.
criminal case against him did not arise from his
This will violate the principle of separation of
actuations as a member of the House of
powers. (Noblejas v. Teehankee, 23 SCRA 405
Representatives.
[1968])
Is Representative Valera's contention correct?
Why? (5%) Elective Public Officer; De Facto Officer
The contention of Representative Valera is not No XVI. In the elections of May 1992, Cruz and
correct As held in Santiago v. Sandiganbayan, Santos were the candidates for the office of
356 SCRA 636, the suspension contemplated Municipal Mayor, the term of which was to
in Article VI, Section 16(3) of the Constitution is expire on June 30, 1995. Finding that he won
a punishment that is imposed by the Senate or by a margin of 20 votes, the Municipal Board of
House of Representatives upon an erring Canvassers proclaimed Cruz as the duly
member, it is distinct from the suspension under elected Mayor. Santos filed an election protest
before the Regional Trial Court (RTC) which B. AVE cannot collect salaries and allowances
decided that it was Santos who had the plurality from the government for the first two years of
of 30 votes and proclaimed him the winner. On his term, because in the meanwhile BART
motion made, the RTC granted execution collected the salaries and allowances. BART
pending the appeal of Cruz to the COMELEC was a de facto officer while he was in
(Comelec) and on this basis. Santos assumed possession of the office. To allow AVE to collect
office and served as Municipal Mayor. In time, the salaries and allowances will result in making
the Comelec reversed the ruling of the RTC and the government pay a second time. (Mechem,
instead ruled that Cruz won by a margin of 40 A Treatise on the Law of Public Offices and
votes and proclaimed him the duly elected Public Officers, [1890] pp. 222-223.)
Municipal Mayor.
BART is not required to refund to the
a) It is now beyond June 30, 1995.
government the salaries and allowances he
Can Cruz still hold office for the portion of the
received. As a de facto officer, he is entitled to
term he has failed to serve? Why? (3%)
the salaries and allowances because he
b) Was Santos a usurper and should rendered services during his incumbency.
he pay back what he has received while holding (Rodriguez v. Tan, 91 Phil. 724 119520.
the office as Municipal Mayor? Why? (2%)
The bills which BART alone authored and were
SUGGESTED ANSWER;
approved by the House of Representatives are
a) Cruz can no longer hold office for the valid because he was a de facto officer during
portion of the term he failed to serve since his his incumbency. The acts of a de facto officer
term has expired. are valid insofar as the public is concerned.
(People v. Garcia, 313 SCRA 279 [19990.
b) Santos was not a usurper. He was a
de facto officer, since he had a color of election
to the office of Municipal Mayor by virtue of the
Graft and Corruption; Prescription of Crime
decision in the election protest. Hence, he is
(2002)
entitled to the emoluments of the office.
No XII. Suppose a public officer has committed
a violation of Section 3 (b) and (c) of the Anti-
Elective Public Officers; De Facto Officer; Graft and Corrupt Practices Act {RA No, 3019),
effects (2004) as amended, by receiving monetary and other
material considerations for contracts entered
X-B. AVE ran for Congressman of QU
into by him in behalf of the government and in
province. However, his opponent, BART, was
connection with other transactions, as a result
the one proclaimed and seated as the winner of
of which he has amassed illegally acquired
the election by the COMELEC. AVE filed
wealth.
seasonably a protest before HRET (House of
Representatives Electoral Tribunal). After two (a) Does the criminal offense
years, HRET reversed the COMELEC’s committed prescribe? (2%)
decision and AVE was proclaimed finally as the
(b) Does the right of the government to
duly elected Congressman. Thus, he had only
recover the illegally acquired wealth prescribe?
one year to serve in Congress.
(3%)
Can AVE collect salaries and
SUGGESTED ANSWER:
allowances from the government for the first
two years of his term as Congressman? (a) A violation of Section 3(b) and (c) of the
Anti-Graft and Corrupt Practices Act prescribes.
Should BART refund to the government
As held in Presidential Ad-Hoc Fact-Finding
the salaries and allowances he had received as
Committee on Behest Loans v. Desierto, 317
Congressman?
SCRA 272 (1999), Article XI, Section 15 of the
What will happen to the bills that BART Constitution does not apply to criminal cases for
alone authored and were approved by the violation of the Anti-Graft and Corrupt Practices
House of Representatives while he was seated Act
as Congressman? Reason and explain briefly.
(b) Article XI, Section 15 of the Constitution
(5%)
provides that the right of the State to recover
SUGGESTED ANSWER: properties unlawfully acquired by public officials
or employees, or from them or from their
nominees or transferees, shall not be barred by SUGGESTED ANSWER:
prescription.
1. Impeachment is a method by which persons
holding government positions of high
authority, prestige, and dignity and with
Impeachment; Cronyism (2000)
definite tenure may be removed from office for
No II. Is cronyism a legal ground for the causes closely related to their conduct as public
impeachment of the President? Explain. (5%) officials, (V.G. SINCO, PHILIPPINE POLITICAL
LAW 373 (llth ed. 1962)).
SUGGESTED ANSWER:
The grounds for impeachment are culpable
Yes, cronyism is a legal ground for the
violation of the Constitution, treason, bribery,
impeachment of the President. Under Section
graft and corruption, other high crimes and
2, Article XI of the Constitution, betrayal of
betrayal of public trust. (Art. XI, sec. 2).
public trust is one of the grounds for
Impeachment. This refers to violation of the The officials removable by impeachment
oath of office and includes cronyism which are the President, Vice President, the
involves unduly favoring a crony to the Members of the Supreme Court, Members of
prejudice of public interest, (Record of the the Constitutional Commissions and the
Constitutional Commission, Vol. II, p. 272) Ombudsman. (Id.)
Impeachment; Grounds (1999)
No XV - What are the grounds for 2. PD No. 1606, sec. 1, in so far as it provides
impeachment. Explain. (2%) for the removal of the members of the
Sandiganbayan only by impeachment must be
SUGGESTED ANSWER:
deemed to have been rendered inoperative by
Under Section 2, Article XI of the Constitution, the new Constitution which provides that with
the grounds for impeachment are the exception of the officials there mentioned,
1. Culpable violation of the Constitution - "All other public officers and employees may be
means intentional violation of the removed from office as provided by law, but not
Constitution and not violations committed by impeachment." Moreover, under Art. VIII,
in good faith. sec, 11, the power to remove lower court
2. Treason - the same meaning as in the judges is vested in the Supreme Court en banc
Revised Penal Code which, by the vote of a majority of the members
3. Bribery - the same meaning as in the who actually take part in the deliberation on the
Revised Penal Code issues in the case and vote thereon, can
dismiss lower court judges.
4. Graft and Corruption - refers to
prohibited acts enumerated in the Anti-
Graft and Corrupt Practices Act.
Law of Public Officers; Next-in-Rank Rule
5. other High Crimes - refer to offenses that (1994)
strike at the very life or orderly working of
the government. No. 15 Pedro Cruz, the City Engineer of
6. and Betrayal of Public Trust - refers to Baguio, retired. To fill the vacant position, the
any violation of the oath of office. (Cruz, City Mayor appointed Jose Reyes, a civil
Philippine Political Law, 1998 ed., pp. engineer who formerly worked under Cruz but
336-337; Bernas, The 1987 Constitution had been assigned to the Office of the Mayor
of the Philippines: A Commentary, 1996 for the past five years.
ed., pp. 991-992) Vicente Estrada, the Assistant City
Engineer filed a protest with the Civil Service
Impeachment; Nature; Grounds; PD 1606 Commission claiming that being the officer next
(1988) in rank he should have been appointed as City
No. 14: 1. What is impeachment, what are the Engineer.
grounds therefor, and who are the high officials 1) Who has a better right to be appointed to the
removable thereby? contested position?
2. Presidential Decree No. 1606 SUGGESTED ANSWER:
provides that Justices of the Sandiganbayan
may be removed only by impeachment. Is this 1) On the assumption that Jose Reyes
Presidential Decree still valid? Why? possesses the minimum qualification
requirements prescribed by law for the position, (1) No, X cannot recover damages from the
the appointment extended to him is valid. Secretary of Public Works. The Secretary of
Consequently, he has a better right than Public Works ordered the demolition of the
Vicente Estrada. fishpond in the performance of his official
duties. He did not act in bad faith or with gross
The claim of Estrada that being the
negligence. He issued the order only after due
officer next in rank he should have been
investigation. In Mabutol v. Pascual, 124 SCRA
appointed as City Engineer is not meritorious. It
876, it was held that the members of the Ad
is a settled rule that the appointing authority is
Hoc Committee created to implement
not limited to promotion in filling up vacancies
Presidential Decree No. 296 and Letter of
but may choose to fill them by the appointment
Instruction No, 19, which ordered the demolition
of persons with civil service eligibility
of structures obstructing public waterways,
appropriate to the position. Even if a vacancy
could' not be sued for damages although they
were to be filled by promotion, the concept of
ordered the demolition of a building that
"next in rank" does not import any mandatory
encroached upon a creek, because the public
requirement that the person next in rank must
officers concerned did not act in bad faith.
be appointed to the vacancy. What the civil
service law provides is that if a vacancy is filled (2) No, the libel suit will not prosper. The
by promotion, the person holding the position report submitted by the Secretary of Public
next in rank thereto "shall be considered for Works to the President constitutes privileged
promotion." Espanol v. Civil Service communication, as it was sent in the
Commission 206 SCRA 715, performance of official duty.
ALTERNATIVE ANSWER; Article 354 of the Revised Penal Code
provides;
Neither Jose Reyes nor Vicente Estrada has a
better right to be appointed City Engineer. As "Every defamatory imputation is
held in Barrozo vs. Civil Service Commission, presumed to be malicious, even if it be true, if
198 SCRA 487, the appointing authority is not no good intention and justifiable motive for
required to appoint the one next-in-rank to fill a making it is shown, except in the following
vacancy. He is allowed to fill it also by the cases:
transfer of an employee who possesses civil
1. A private communication made by
service eligibility.
any person to another in the performance of
Liability For Damages in Performance of any legal, moral or social duty;"
Official Functions (1990)
In Deano v. Godinez, 12 SCRA 483, it
No. 10: The Secretary of Public Works, after an was held that a report sent by a public official to
investigation, ordered the demolition of the his superior is privileged communication,
fishpond of X as a nuisance per se on the because its submission is pursuant to the
ground that it encroached on navigable rivers performance of a legal duty.
and impeded the use of the rivers. The
Besides, in sending his report, the
Secretary submitted to the President of the
Secretary of Public Works acted in the
Philippines a report of said investigation, which
discharge of his official duties. Hence, he was
report contained clearly libelous matters
acting in behalf of the Republic of the
adversely affecting the reputation of X, a well-
Philippines and within the scope of his authority
known civic and religious leader in the
According to the ruling in Sanders v. Veridiano,
community.
162 SCRA 88, a suit brought against a public
The Supreme Court later found that the rivers official for writing a letter which is alleged to be
were man-made and were constructed on libelous but which was written while he was
private property owned by X. acting as agent of the government and within
the scope of his authority is actually a suit
(1) May X recover damages from the Secretary
against the State without its consent.
of Public Works for the cost involved in
rebuilding the fishponds and for lost profits? ALTERNATIVE ANSWER:
State your reason.
The question does not specify how the libel was
(2) Suppose X files a libel suit against the committed. If the libelous statement was not
Secretary of Public Works. Will the said libel relevant to the report on the alleged illegal
suit prosper? Explain your answer. encroachment of the river, the fact that it was
made in the course of an official report does not
SUGGESTED ANSWER:
immunize the Secretary of Public Works from Ombudsman: Power to Suspend; Preventive
liability for libel. Suspension (2004)
(6) Director WOW failed the lifestyle check
conducted by the Ombudsman's Office
Local Elective Officials; Limitations On because WOWs assets were grossly
Additional Duties (1995) disproportionate to his salary and allowances.
Moreover, some assets were not included in his
No. 10: A City Mayor in Metro Manila was
Statement of Assets and Liabilities. He was
designated as Member of the Local Amnesty
charged of graft and corrupt practices and
Board (LAB) as allowed under the Rules and
pending the completion of investigations, he
Regulations Implementing Amnesty
was suspended from office for six months.
Proclamation Nos. 347 and 348. as amended
by Proclamation No. 377. The LAB is entrusted
A. Aggrieved, WOW petitioned the Court of
with the functions of receiving and processing
Appeals to annul the preventive suspension
applications for amnesty and recommending to
order on the ground that the Ombudsman
the National Amnesty Commission approval or
could only recommend but not impose the
denial of the applications. The term of the
suspension. Moreover, according to WOW,
Commission and, necessarily, the Local
the suspension was imposed without any
Amnesty Boards under it expires upon the
notice or hearing, in violation of due
completion of its assigned tasks as may be
process. Is the petitioner's contention
determined by the President.
meritorious? Discuss briefly. (5%)
May the City Mayor accept his
designation without forfeiting his elective SUGGESTED ANSWER:
position in the light of the provision of Sec. 7, The contention of Director WOW is not
1st par. Art. IX-B of the 1987 Constitution which meritorious. The suspension meted out to him
pertinently states that "[N]o elective official shall is preventive and not punitive. Section 24 of
be eligible for appointment or designation in any Republic Act No. 6770 grants the Ombudsman
capacity to any public office or position during the power to impose preventive suspension up
his tenure?" Discuss fully, to six months. Preventive suspension maybe
imposed without any notice or hearing. It is
SUGGESTED ANSWER:
merely a preliminary step in an administrative
No, the City Mayor may not accept his investigation and is not the final determination
designation without forfeiting his elective of the guilt of the officer concerned. (Garcia v.
positions. As stated in Flores vs. Drilon 223 Mojica, 314 SCRA 207 [1999]).
SCRA 568, it is the intention of Section 7,
Article X-B of the 1987 Constitution that local B. For his part, the Ombudsman moved to
elective officials should devote their full time to dismiss WOWs petition. According to the
their constituents. While second paragraph of Ombudsman the evidence of guilt of WOW
Section 7, Article IX-B of the 1987 Constitution is strong, and petitioner failed to exhaust
allows appointive officials to hold other offices administrative remedies. WOW admitted he
when allowed by law or by the primary functions filed no motion for reconsideration, but only
of their positions, no such exception is made in because the order suspending him was
the first paragraph, which deals with elective immediately executory. Should the motion
officials. It is the Intention of the 1987 to dismiss be granted or not? Discuss
Constitution to be more stringent with elective briefly. (5%)
local officials.
ALTERNATIVE ANSWER: SUGGESTED ANSWER:
B. The motion to dismiss should be denied.
Yes, he may accept such designation Since the suspension of Director WOW was
without forfeiting his mayorship. The immediately executory, he would have suffered
Constitutional provision being cited irreparable injury had he tried to exhaust
contemplates a "public office or position". It is administrative remedies before filing a petition
believed that the Local Amnesty Board is not in court (University of the Philippines Board of
such an office since it is merely an ad hoc body. Regents v. Rasul, 200 SCRA 685 [19910-
Besides, it is believed that its functions are not Besides, the question involved is purely legal.
"sovereign" in character which is one of the (Azarcon v. Bunagan, 399 SCRA 365 [2003]).
elements of a public office.
Ombudsman; Power to Investigate (2003)
No II A group of losing litigants in a case his authority. Congress intended to empower
decided by the Supreme Court filed a complaint the Ombudsman to suspend all officers, even if
before the Ombudsman charging the Justices they are employed in other offices in the
with knowingly and deliberately rendering an Government. The words "subordinate" and "in
unjust decision in utter violation of the penal his bureau" do not appear in the grant of such
laws of the land. Can the Ombudsman validly power to the Ombudsman.
take cognizance of the case? Explain.
SUGGESTED ANSWER: Power to Issue Subpoena; validity of
delegation (1989)
No, the Ombudsman cannot entertain the
complaint. As stated in the case of In re: No. 17: Assume that under the charter of the
Laureta. 148 SCRA 382 [1987], pursuant to the City of Manila, the City Mayor has the power to
principle of separation of powers, the investigate city officials and employees
correctness of the decisions of the Supreme appointed by him and in connection therewith,
Court as final arbiter of all justiciable disputes is administer oath, take testimony and issue
conclusive upon all other departments of the subpoenas. The mayor issued an executive
government; the Ombudsman has no power to order creating a committee, chaired by "X", to
review the decisions of the Supreme Court by investigate anomalies involving licensed
entertaining a complaint against the Justices of inspectors of the License Inspection Division of
the Supreme Court for knowingly rendering an the Office of the City Treasurer, In the course of
unjust decision. its investigation, "X" subpoenaed "Y", a private
citizen working as bookkeeper of Asia
SECOND ALTERNATIVE ANSWER: Hardware. "Y" refused to appear contending
Article XI, Section 1 of the 1987 Constitution that the Committee of "X" has no power to issue
provides that public officers must at all times be subpoenas. Decide.
accountable to the people. Section 22 of the SUGGESTED ANSWER:
Ombudsman Act provides that the Office of the
Ombudsman has the power to investigate any Yes, the committee has no power to issue
serious misconduct allegedly committed by subpoenas according to Carmelo vs, Ramos, 6
officials removable by impeachment for the SCRA 836. In creating the committee, the
purpose of filing a verified complaint for mayor did not grant it the power to issue
impeachment if warranted. The Ombudsman subpoenas. Besides, the mayor cannot
can entertain the complaint for this purpose. delegate his power to issue subpoenas.
Prohibition On Elective Officer to Hold
Ombudsman; Power to Suspend; Preventive Public Office (2002)
Suspension (1996)
No VII. X was elected provincial governor for a
No. 10: 2) An administrative complaint for term of three years. He was subsequently
violation of the Anti-Graft and Corrupt Practices appointed by the President of the Philippines
Act against X was filed with the Ombudsman. serving at her pleasure, as concurrent
Immediately after taking cognizance of the case Presidential Assistant for Political Affairs in the
and the affidavits submitted to him, the Office of the President, without additional
Ombudsman ordered the preventive compensation.
suspension of X pending preliminary
Is X's appointment valid? (5%)
investigation. X questioned the suspension
order, contending that the Ombudsman can SUGGESTED ANSWER:
only suspend preventively subordinate
The appointment of X is not valid, because the
employees in his own office.
position of Presidential Assistant for Political
Is X correct? Explain. Affairs is a public office. Article IX-B Section 7
of the Constitution provides that no elective
SUGGESTED ANSWER:
official shall be eligible for appointment or
No, X is not correct. As held in Buenaseda vs. designation in any capacity to any public office
Flavier, 226 SCRA 645. under Section 24 of or position during his tenure. As held in Flores
Republic Act No. 6770, the Ombudsman can v. Drilon, 223 SCRA 568 (1993), since an
place under preventive suspension any officer elective official is ineligible for an appointive
under his disciplinary authority pending an position, his appointment is not valid.
investigation. The moment a complaint is filed
Public Office; Public Trust (1998)
with the Ombudsman, the respondent is under
No V. - Suppose Congress passed a law to incrimination seeks to prevent is the conviction
Implement the Constitutional principle that a of the witness on the basis of testimony elicited
public office is a public trust, by providing as from him. The rule is satisfied when he is
follows: granted immunity.
"No employee of the Civil Service shall ALTERNATIVE ANSWER:
be excused from attending and testifying or
1. In accordance with Evangelista vs. Jarencio,
from producing books, records,
68 SCRA 99, 107-108, If Ong is being cited
correspondence, documents or other evidence
merely as a witness, he may not refuse to
in any administrative investigation concerning
answer. However, if the question tends to
the office in which he is employed on the
violate his right against self-incrimination, he
ground that his testimony or the evidence
may object to it. On the other hand, under the
required of him may tend to incriminate him or
ruling in Chavez vs. Court of Appeals, 24 SCRA
subject him to a penalty or forfeiture; but his
663, 680, If he is a respondent, Ong may refuse
testimony or any evidence produced by him
to answer any question because of his right
shall not be used against him in criminal
against self-incrimination.
prosecution based on the transaction, matter or
thing concerning which is compelled, after SUGGESTED ANSWER:
invoking his privilege against self-incrimination,
2. No Ong cannot argue that the Civil
to testify or produce evidence. Provided,
Service Commission inferred his guilt from his
however, that such individual so testifying shall
refusal to answer. He was not dismissed
not be exempt from prosecution and
because of his involvement in the leakage in
punishment for perjury committed in so
the medical examination but for his refusal to
testifying nor shall he be exempt from demotion
answer. This is a violation of the law. He could
or removal from office. Any employee who
be compelled to answer the question on pain of
refuses to testify or produce any documents
being dismissed in case of his refusal, because
under this Act shall be dismissed from the
he was granted Immunity.
service,"
In Lefkowitz vs. Turley. 414 U.S. 70, 84,
Suppose further, that Ong, a member of
the United States Supreme Court held:
the Professional Regulatory Board, is required
to answer questions in an investigation "Furthermore, the accomodation
regarding a LEAKAGE in a medical between the interest of the State and the Fifth
examination. Amendment requires that the State have means
at its disposal to secure testimony if immunity is
1. Can Ong refuse to answer questions on the
supplied and testimony is still refused. This is
ground that he would incriminate himself? [4%]
recognized by the power of courts to compel
2. Suppose he refuses to answer, and for that testimony, after a grant of immunity, by use of
reason, is dismissed from the service, can he civil contempt and coerced imprisonment.
pausibly argue that the Civil Service Shilitani v. United States, 384 US 364. 16 L Ed
Commission has inferred his guilt from his 2d 622. 86 5 Ct 1531 (1966). Also, given
refusal to answer in violation of the adequate immunity the State may plainly insist
Constitution? |3%] that employees either answer questions under
oath about the performance of their job or suffer
3. Suppose, on the other hand, he answers the
the loss of employment."
question and on the basis of his answers, he is
found guilty and is dismissed. Can he plausibly SUGGESTED ANSWER:
assert that his dismissal is based on coerced
3. Jes Ong can argue that his dismissal
confession? I3%]
was based on coerced confession. In Garrity
SUGGESTED ANSWER: vs. New Jersey, 385 U.S. 493, 500, the United
States Supreme Court held: "We now hold the
1. No, Ong cannot refuse to answer the
protection of the individual under the Fourteenth
question on the ground that he would
Amendment against coerced statements
incriminate himself, since the law grants him
prohibits use in subsequent criminal
immunity and prohibits the use against him in a
proceedings of statements obtained under
criminal prosecution of the testimony or
threat of removal from office, and that it extends
evidence produced by him. As stated by the
to all, whether they are policemen or other
United States Supreme Court in Brown vs.
members of the body politic."
Walker. 161 U.S. 591, 597, what the
constitutional prohibition against self- Retirement Benefits (1996)
No. 9: 2) A, an employee of the National 1. I disagree. Under Section 7, Article
Treasurer, retired on January 10, 1996. Before XII of the Constitution, a corporation or
she could collect her retirement benefits, the association which is sixty percent owned by
National Treasurer discovered that A had been Filipino citizens can acquire private land,
negligent in the encashment of falsified treasury because it can lease public land and can
warrants. It appears, however, that A had therefore hold public land. However, it cannot
received all money and property clearances acquire public land. Under Section 3, Article XII
from the National Treasurer before her of the Constitution, private corporations and
retirement. associations can only lease and cannot acquire
public land.
Can the National Treasurer withhold
the retirement of A pending determination of her Under Section 8, Article XII of the
negligence in the encashment of the falsified Constitution, a natural-born Filipino citizen who
treasury warrants? Explain. lost his Philippine citizenship may acquire
private land only and cannot acquire public
SUGGESTED ANSWER:
land.
2) In accordance with Tantuico vs.
2. I disagree. The mere fact that a
Domingo, 230 SCRA 391 and Cruz us.
corporation is religious does not entitle it to own
Tantuico, 166 SCRA 670, the National
public land. As held In Register of Deeds vs.
Treasurer cannot withhold the payment of the
Ung Siu Si Temple, 97 Phil. 58, 61, land tenure
retirement benefits of A pending determination
is not indispensable to the free exercise and
of her liability for negligence in the encashment
enjoyment of religious profession of worship.
of the falsified treasury warrants, because her
The religious corporation can own private land
retirement benefits are exempt from execution.
only if it is at least sixty per cent owned by
Filipino citizens.
3. I disagree. Under Section 1 of
ARTICLE XII National Economy Presidential Decree No. 471, corporations and
associations owned by aliens are allowed to
and Patrimony lease private lands up to twenty-five years,
renewable for another period of twenty-five
Acquisition and Lease of Public Lands years upon agreement of the lessor and the
(1998) lessee. Hence, even if the religious corporation
is owned by aliens, it can lease private lands.
Express your agreement or disagreement with
any of the following statements. Begin your 4. I disagree. For a corporation' to
answer with the statement: "I AGREE" or qualify to acquire private lands in the
"DISAGREE" as the case may be. Philippines, under Section 7, Article Xn of the
Constitution in relation to Section 2, Article XII
1. Anyone, whether Individual, of the Constitution, only sixty per cent (60%) of
corporation or association, qualified to acquire the corporation is required to be owned by
private lands is also qualified to acquire public Filipino citizens for it to qualify to acquire private
lands in the Philippines. [2%] lands.
2. A religious corporation is qualified t 5. I agree. A foreign corporation can
o have lands in the Philippines on which it may lease private lands only and cannot lease public
build Its church and make other improvements land. Under Section 2, Article XII of the
provided these are actually, directly and Constitution, the exploration, development and
exclusively used for religious purposes. [2%] utilization of public lands may be undertaken
3. A religious corporation cannot through co-production. Joint venture or
lease private lands In the Philippines. [2%] production-sharing agreements only with
Filipino citizen or corporations or associations
4. A religious corporation can acquire which are at least sixty per cent owned by
private lands in the Philippines provided all its Filipino citizen.
members are citizens of the Philippines. [2%]
5. A foreign corporation can only
lease private lands in the Philippines. [2%] Acquisition of Lands (1987)
SUGGESTED ANSWER: No. XV: On March 1, 1987, "ABC" Corporation,
a company engaged in the export trade, applied
for judicial confirmation of its title over ten accident without leaving a last will and
hectares of timber lands. The company bought testament.
the land from "X" who in turn inherited it from
Now, X brought suit to recover the land on the
his father "Y". The latter had been in open,
ground that B, being an alien, was not qualified
notorious, public and continued possession of
to buy the land when B and A jointly bought the
the land since 1925. On what valid grounds can
land from him and that, upon the death of C, the
you, as Solicitor General, oppose the
land was inherited by his parents but B cannot
application?
legally acquire and/or inherit it.
ANSWER:
How should the case be decided? If X filed the
As Solicitor General, I can oppose the suit against C when the latter was still alive,
application for confirmation of title on the would your answer be the same? Why? (5%)
ground that under Art. XII, Sec. 3 timber lands
SUGGESTED ANSWER:
cannot be alienated. The ruling in Director of
Lands v. IAC, 146 SCRA 509 (1986), and X cannot recover the land whether from C or A
Director of Lands v, Bengzon, No. 54045, July and B. Under Article IV, Section 1 (2) of the
28, 1987, reiterated in Director of Lands v. Constitution, C is a Filipino citizen since his
Manila Electric Co., G.R, No. 57461, Sept. 11, father is a Filipino. When A and B donated the
1987, to the effect that a corporation is entitled land to C, it became property of a Filipino
to the confirmation of imperfect title to lands citizen. As held in Halili v. Court of Appeals, 287
acquired by it from private individuals who have SCRA 465 (1998), the sale of land to an alien
possessed the same for 30 years, under bona can no longer be annulled if it has been
fide claim of ownership, for the reason that such conveyed to a Filipino citizen. Since C left no
persons are presumed to have performed all will and his parents are his heirs, in accordance
conditions essential to a government grant and, with Article XII, Section 7 of the Constitution, B
therefore, are entitled to the issuance of a can acquire the land by hereditary succession.
certificate of title, applies only to agricultural
lands.
Acquisition of Lands; Citizenship issue
(1989)
Acquisition of Lands (2000)
No. 1: Maria, a natural-born Filipino citizen,
No XVIII. - a) Andy Lim, an ethnic Chinese, went to the United States in 1965 to work as a
became a naturalized Filipino in 1935. But later nurse. With her savings, she bought a parcel of
he lost his Filipino citizenship when he became land consisting of 1,000 square meters in a
a citizen of Canada in 1971. Wanting the best residential subdivision in Metro Manila. She had
of both worlds, he bought, in 1987, a residential the said property titled in her name in 1970. In
lot in Forbes Park and a commercial lot in July, 1972, Maria acquired American citizenship
Binondo. Are these sales valid? Why? (3%) by naturalization. Two months later, she
married her Canadian boyfriend.
SUGGESTED ANSWER:
(1) Can Maria validly sell this parcel of land to
No, the sales are not valid. Under Section 8,
the younger sister of her husband who is also a
Article XII of the Constitution, only a natural-
Canadian citizen?
born citizen of the Philippines who lost his
Philippine citizenship may acquire private land. (2) Supposing Maria's husband dies and she
Since Andy Lim was a former naturalized decides to reside in the Philippines
Filipino citizen, he is not qualified to acquire permanently, can Maria buy the parcel of land
private lands. consisting of 400 square meters neighboring
her own?
ANSWER:
Acquisition of Lands by Hereditary
Succession (2002) (1) No, Maria cannot validly sell the parcel of
land to the younger sister of her husband who
No XI. - A, a Filipino citizen, and his wife B, a
is a Canadian citizen. Under Section 7, Article
Japanese national, bought a five-hectare
XII of the 1987 Constitution, as a general rule,
agricultural land from X, a Filipino citizen. The
aliens cannot acquire private land since
couple later executed a deed of donation over
pursuant to Section 2, in relation to Section 3,
the same land in favor of their only child C. A
Article XII, of the 1987 Constitution they are not
year later, however, C died in vehicular
qualified to acquire or hold lands of the public
domain. Under Section 7, Article XII of the 1987 Section 7, Article XII of the Constitution against
Constitution, an alien can acquire public land by the acquisition of private lands by aliens.
hereditary succession. Under Section 8, Article
2) Because of the naturalization of Peter Co
XII of the 1987 Constitution, a natural-born
as a Filipino citizen, he can exercise the option
Philippine citizen who lost his Philippine
to purchase the land. In accordance with the
citizenship may be a transferee of private land.
ruling in Yap vs. Grageda, 121 SCRA 244.
The younger sister of the husband of Maria is
since he is qualified to own land, the policy to
not acquiring the private land by hereditary
preserve lands for Filipinos will be achieved.
succession but by sale. Neither is she a former
natural-born Philippine citizen who lost her
Philippine citizenship. Consequently, neither of
the exceptions found in the above-mentioned
(1995)
provisions is applicable to her.
No 11; In June 1978 spouses Joel and Michelle
purchased a parcel of land. Lot No. 143,
(2) No, Maria cannot buy the adjoining parcel of Cadastral Survey No. 38-D, with an area of 600
land. Under Section 2 of Batas Pambansa Blg. square meters for their residence in Cainta,
185, a natural-born Philippine citizen who lost Rizal, from Cecille who by herself and her
his Philippine citizenship, may acquire only up predecessor-in-interest had been in open,
to 1,000 square meters of private urban land. public, peaceful, continuous and exclusive
Since Maria has previously acquired a parcel of possession of the property under a bona fide
land with an area of 1,000 square meters, she claim of ownership long before 12 June 1945.
can no longer purchase any additional parcel of At the time of purchase, the spouses Joel and
urban land. Michelle were then natural born Filipino
citizens.
Alternative Answer:
In February 1987 the spouses filed an
Yes, she can acquire the adjacent land which
application for registration of their title before
has an area of 400 square meters since the law
the proper court. This time however Joel and
limits acquisition of lands to 1,000 square
Michelle were no longer Filipino citizens. The
meters after the loss of Philippine citizenship.
government opposed their application for
registration alleging that they have not acquired
proprietary rights over the subject lot because
of their subsequent acquisition of Canadian
(1994)
citizenship, and that unregistered lands are
No. 17: A and B leased their residential land presumed to be public lands under the principle
consisting of one thousand (1,000) square that lands of whatever classification belong to
meters to Peter Co, a Chinese citizen, for a the State under the Regalian doctrine, hence,
period of fifty (50) years. In 1992, before the they still pertain to the State.
term of the lease expired. Co asked A and B to
How will you resolve the issues raised
convey the land to him as the contract gave him
by the applicants and the oppositor? Discuss
the option to purchase said land if he became a
fully.
naturalized Filipino citizen. Co took his oath as
a Filipino citizen in 1991. ANSWER:
1) Was the contract of lease for a period of The argument of the government that
fifty (50) years valid considering that the lessee unregistered lands are presumed to be public
was an alien? lands is utterly unmeritorious. As held in
Republic vs. Court of Appeals. 235 SCRA 562,
2) What is the effect of the naturalization of
in accordance with Section 48 of the Public
Peter Co as a Filipino citizen on the validity of
Land Act, since the predecessors-in- interest of
the option to purchase given him?
Joel and Michelle had been in open, public,
ANSWER: peaceful, continuous and exclusive possession
of the land under a bona fide claim of
1) As held in Philippine Banking Corporation
ownership long before June 12. 1945, their
vs. Lui She. 21 SCRA 52, the lease of a parcel
predecessors- in-interest had acquired the land,
of land with an option to buy to an alien is a
because they were conclusively presumed to
virtual transfer of ownership to the alien and
have performed all conditions essential to a
falls within the scope of the prohibition in
government grant. The land ceased to be a part
of the public domain. It is alienable and 2) The Deed of Sale cannot be
disposable land. Joel and Michelle acquired the annulled. As held in Cheesman vs. Intermediate
rights of their predecessors-in-interest by virtue Appellate Court, 193 SCRA 93. to accord to
of the sale to them. John Smith, an alien, the right to have a
decisive vote as to the disposition of the land
Joel and Michelle can have the land registered
would permit an indirect controversion of the
in their names. They were natural-born Filipino
constitutional prohibition against the acquisition
citizens at the time of their acquisition of the
of private lands by aliens.
land. In any event they were Filipino citizens at
the time of their acquisition of the land. Their
becoming Canadian citizens subsequently is
Citizenship Requirement in Management of
immaterial. Article XII, Sec. 8 of the 1987
Advertising Industry (1989)
Constitution presupposes that they purchased
the land after they lost Filipino citizenship. It No. 11: (2) May a foreigner who owns
does not apply in this case at all. substantial stockholdings in a corporation
engaged in the advertising industry sit as a
treasurer of said corporation? Cite the
Acquisition of Lands; Prohibition; constitutional provision in point.
acquisition of private lands by aliens (1994)
SUGGESTED ANSWER:
No.18; John Smith, a US national, was married
Section 11(1), Article XVI of the 1987
to Petra de Jesus, a Filipino citizen, on June 5,
Constitution provides;
1980. Two (2) years later, Petra purchased a
parcel of residential land from Jose Cruz using (2) No, a foreigner who owns shares of stock in
her own funds. The Deed of Sale states that the a corporation engaged in the advertising
land was sold to "Petra married to John Smith" industry cannot serve as treasurer in the
and was registered as such. With the corporation, for a treasurer is an executive or
knowledge of John Smith, Petra administered managing officer.
the land, leasing parts thereof to several
individuals. Three (3) years later, Petra, without
Constitution provides:
the knowledge of John Smith, sold the land to
David Perez. Upon learning of the transaction, "The participation of foreign investors in
John Smith filed a case to annul the Deed of the governing body of entities in such
Sale. Citing Art. 160 of the Civil Code, he industry shall be limited to their
argued that said sale was without his consent, proportionate share in the capital
the property being conjugal as it was purchased thereof, and all the executive and
at the time he was married to Petra. He managing officers of such entities must
presented the Deed of Sale executed by Petra be citizens of the Philippines."
stating that she is married to John Smith. He
wants to recover at least his conjugal share. Engagement in Business & Exercise of
Profession (1987)
1) Is John Smith entitled to his
conjugal share? No. IX: The Philippine entered into a Treaty of
Friendship, Comity and Commerce with
2) May the Deed of Sale executed by
Indonesia with the following provisions:
Petra In favor of David Perez be annulled?
(1 ) The nationals of each contracting
ANSWER:
State admitted to the practice of law in said
1) No, John Smith is not entitled to his State, to practice law without taking the bar
conjugal share in the land. Firstly, since it was examinations in the other contracting State.
acquired with the personal funds of Petra de
(2) The nationals of each contracting
Jesus, in accordance with the ruling in Mirasol
State to engage in retail trade business in the
vs. Lim, 59 Phil. 701, the presumption that the
territory of the other contracting State.
property is conjugal has been rebutted.
Secondly, a declaration that John Smith is Is the treaty valid?
entitled to a conjugal share in the land will
SUGGESTED ANSWER:
violate the prohibition against the conveyance
of private lands to aliens embodied in Section 7, The treaty is valid.
Article XII of the Constitution.
(1) Art. XII, Sec. 14 provides that the practice
of all professions in the Philippines shall be
limited to Filipino citizens, save in cases corporation involving technical and financial
prescribed by law. Here the treaty has the force assistance for the exploration and exploitation
of law. of minerals, but there should be no Joint
venture. Section 2, Article XII of the Constitution
(2) Art. XII. Sec. 10 provides that Congress
authorizes the President to enter into
shall reserve to citizens of the Philippines or to
agreements with foreign-owned corporations
corporations or associations at least 60% of the
involving technical or financial assistance for
capital of which is owned by such citizens
the exploration, development, and utilization of
certain areas of investment. There can be no
minerals. However, the same provision states
question then as to the validity of the
the joint venture for the exploration,
Nationalization of Retail Trade Law, the
development and utilization of natural resources
constitutionality of which was sustained in
may be undertaken only with Filipino citizens, or
Ichong v. Hernandez, 101 Phil. 1155 (1957)
corporations or associations at least sixty per
even in the absence of a similar express grant
cent of whose capital is owned by Filipino
of power to Congress under the 1935
citizen.
Constitution. Although Congress can repeal or
amend such law, it may not be amended by a
treaty in view of Art. XII, Sec. 22 which declares
Expropriation of Public Utilities (1992)
acts of circumvent or negate any provisions of
this Art. XII to be inimical to national interest No. 11 - The Philippine Commodities Office
and subject the offenders to criminal and civil (PCO), a government agency, wishes to
sanctions. For then the Retail Trade establish a direct computer and fax linkup with
Nationalization Law becomes part of Art. XII, trading centers in the United States. The
having been passed pursuant to the mandate in advanced technology of a private company,
Sec. 10. Philippine Pacific Telecommunications, is
necessary for that purpose but negotiations
However, it may also be plausibly argued that a
between the parties have failed. The Republic,
treaty may amend a prior law and treaty of
in behalf of the PCO, files suit to compel the
friendship, comity and commerce with
telecommunications company to execute a
Indonesia may be deemed to have created an
contract with PCO for PCO's access and use of
exception in the Nationalization of Retail Trade
the company's facilities.
Law in favor of Indonesian citizen.
Decide. If the case will not prosper, what
Exploration and Development of Minerals alternative will you propose to the Republic?
(1994)
SUGGESTED ANSWER:
No. 11: In the desire to improve the fishing
The action will not prosper. As held in Republic
methods of the fishermen, the Bureau of
of the Philippines vs. Philippine Long Distance
Fisheries, with the approval of the President,
Telephone Company, 26 SCRA 620, parties
entered into a memorandum of agreement to
cannot be compelled to enter into a contract.
allow Thai fishermen to fish within 200 miles
However, since under Section 18, Article XII of
from the Philippine sea coasts on the condition
the Constitution, the State may expropriate
that Filipino fishermen be allowed to use Thai
public utilities, the Republic of the Philippines
fishing equipment and vessels, and to learn
may compel the Philippine Pacific
modern technology in fishing and canning.
Telecommunications to allow access to its
1) Is the agreement valid? facilities. If the Republic of the Philippines can
take title to the facilities of Philippine Pacific
2) Suppose the agreement is for a joint
Telecommunications by its power of
venture on the same area with a Thai oil
expropriation, there is no reason why it cannot
corporation for the exploration and exploitation
use such power to impose only a burden upon
of minerals with the Thai corporation providing
Philippine Pacific Telecommunication without
technical and financial assistance. Is the
loss of title.
agreement valid?
ANSWER; Lease of Private Agricultural Lands (2001)
1) No. Only Filipinos may fish in exclusive No IV - A is an alien. State whether, in the
economic zone... Philippines, he:
2) The President can enter into a a) Can be a lessee of a private agricultural
memorandum of agreement with a Thai oil land, (3%)
SUGGESTED ANSWER; According to Manila Prince Hotel v.
Government Service Insurance System, 267
Yes, an alien can be a lessee of private
SCRA 408, the national patrimony refers not
agricultural land. As stated in Krivenko vs.
only to our natural resources but also to our
Register of Deeds of Manila, 79 Phil. 461
cultural heritage.
(1947), aliens can lease private agricultural
Nationalized Activities (1994)
land, because they are granted temporary
rights only and this is not prohibited by the 1) Give a business activity the equity of which
Constitution. must be owned by Filipino citizens:
a) at least 60%
National Economy & Patrimony; b) at least 70%
Constitutional Prohibition (2004)
c) 100%
(8-b) B. EAP is a government corporation
created for the purpose of reclaiming lands 2) Give two cases in which aliens may be
including foreshore and submerged areas, as allowed to acquire equity in a business activity
well as to develop, improve, acquire, lease and but cannot participate in the management
sell any and all kinds of lands. A law was thereof?
passed transferring title to EAP of lands already
SUGGESTED ANSWER:
reclaimed in the foreshore and offshore areas
of MM Bay, particularly the so-called Liberty 1) a) At least sixty per cent (60%) of the equity
Islands, as alienable and disposable lands of of the entities engaged in the following business
the public domain. Titles were duly issued in must be owned by Filipino citizens under the
EAP's name. Constitution.
1. Co-production, Joint venture, or
Subsequently, EAP entered into a joint venture
production-sharing agreement with
agreement (JVA) with ARI, a private foreign
the State for the exploration,
corporation, to develop Liberty Islands.
development, and utilization of
Additionally, the JVA provided for the
natural resources (Section 2, Article
reclamation of 250 hectares of submerged land
XII)
in the area surrounding Liberty Islands. EAP
agreed to sell and transfer to ARI a portion of 2. Operation of a public utility (Section
Liberty Islands and a portion of the area to be 11, Article XII)
reclaimed as the consideration for ARI's role
3. Education (Section 4(2), Article XIV)
and participation in the joint venture, upon
approval by the Office of the President. Is there
any constitutional obstacle to the sale and
b) At least seventy percent (70%) of the equity
transfer by EAP to ARI of both portions as
of business entities engaged in advertising
provided for in the JVA? (5%)
must be owned by Filipino citizens under the
Constitution. (Section 11(2), Article XVI)
SUGGESTED ANSWER:
B. ARI cannot acquire a portion of Liberty
Islands because, although EAP has title to
c) Mass media must be wholly owned by
Liberty Islands and thus such lands are
Filipino citizens under the Constitution (Section
alienable and disposable land, they cannot be
11(1), Article XVI).
sold, only leased, to private corporations. The
portion of the area to be reclaimed cannot be
sold and transferred to ARI because the seabed
2) Under the Constitution, aliens may acquire
is inalienable land of the public domain.
equity but cannot participate in the
(Section 3, Article XII of the 1987 Constitution;
management of business entities engaged in
Chavez v. Public Estates Authority, 384 SCRA
the following activities:
152 [2002]).
1) Public utilities (Section 11, Article
National Patrimony; definition (1999) XII)
No XII - What is meant by National Patrimony? 2) Education (Section 4(2) .Article XIV)
Explain the concept of National Patrimony?
3) Advertising (Section 11(2), Article
(2%)
XVI)
SUGGESTED ANSWER:
Ownership Requirement of Mass Media SUGGESTED ANSWER:
(1989) The law is valid as under Article XII,
Section 2 of the 1987 Constitution, the
No. 11: (1) A domestic corporation with 30%
exploration, development, and utilization of
foreign equity proposes to publish a weekly
natural resources shall be under the full
magazine for general circulation in Metro
control and supervision of the State. It is
Manila which will feature the lifestyles of the
also provided that the State may directly
rich and the famous. May this be done? Cite the
undertake such activities or it may enter
constitutional provision in point.
into co-production, joint venture or sharing
SUGGESTED ANSWER: agreements with Filipino citizens or
corporations or associations, at least 60%
(1) No, the corporation cannot publish a
Filipino-owned.
weekly magazine since it is engaged in the
operation of a mass media and is not wholly Furthermore, the President may enter into
owned by Philippine citizens. agreements with foreign-owned
corporations involving technical or
financial assistance for large-scale
Constitution provides; "The ownership and
exploration, development, and utilization of
management of mass media shall be limited to
minerals, petroleum and other mineral oils,
citizens of the Philippines, or to corporations,
according to terms and conditions
cooperatives or associations, wholly-owned and
provided by law. A state corporation,
managed by such citizens."
unlike a private corporation, may be
created by special law and placed under
the control of the President, subject to
Chinese citizens; engaging in retail trade
such conditions as the creating statute
(Q4-2006)
may provide.
State whether or not the following laws are
constitutional. Explain briefly.
4. A law prohibiting Chinese citizens from ARTICLE XIII Social Justice and
engaging in retail trade. (2%)
SUGGESTED ANSWER: Human Rights
The law is invalid as it singles out and Agrarian Reform Law; Coverage (1992)
deprives Chinese citizens from engaging No. 12: Teodoro Luzung is engaged in the
in retail trade. In Ichong v. Hernandez, business of prawn farming, The prawns are
G.R. No. L-7995, May 31,1957, the court nurtured in his fishponds in Mindoro and, upon
held that the Treaty of Amity between the harvest, are immediately frozen for export.
Republic of the Philippines and the
Republic of China guarantees equality of Congress passed the Comprehensive
treatment to the Chinese nationals "upon Agrarian Reform Law of 1988 which provides
the same terms as the nationals of any among others that all private lands devoted to
other country." Thus, the court ruled agriculture shall be subject to agrarian reform.
therein that the nationals of China are not The law includes under the term "agriculture"
discriminated against because nationals of the following activities: cultivation of the soil,
all other countries, except those of the planting of crops, growing of fruit trees, raising
United States, who are granted special of livestock, poultry or fish. The Department of
rights by the Constitution, are all prohibited Agrarian Reform issued an implementing order
from engaging in the retail trade. In the which provides that commercial farms used for
case at bar, the law discriminates only aqua-culture, including salt-beds, fishponds and
against Chinese citizens and thus violates prawn farms are within the scope of the law.
the equal protection clause. Can the law be declared unconstitutional?
Decide.
Exploration, development, and utilization of SUGGESTED ANSWER:
natural resources (Q4-2006) As held in Luz Farms vs. Secretary of the
State whether or not the law is constitutional. Department of Agrarian Reform, 192 SCRA 51,
Explain briefly. the law is unconstitutional insofar as it included
5. A law creating a state corporation to livestock, poultry and swine raising. In the
exploit, develop, and utilize compressed definition of the agricultural land which the
natural gas. (2%) Constitutional Commission adopted in
connection with agrarian reform, lands devoted the occupants to vacate the structures within
to such purposes were not included. However, five days from notice, otherwise they would be
both the law and the implementing order are evicted and relocated and their shanties
constitutional insofar as they included removed, in order that the parcel of land could
fishponds. The definition of agricultural land be converted into a park for public use and
which the Constitutional Commission adopted enjoyment. The inhabitants of the parcel of land
included fishponds. complained to the Commission on Human
Rights urging that the Mayor of Quezon City be
stopped from doing what he has threatened to
Commission on Human Rights; Power to do. The Commission on Human Rights, after
investigate (1992) conducting an investigation and finding that the
shanties of petitioners were already being
No. 15 - Walang Sugat, a vigilante group
demolished by then, ordered the Quezon City
composed of private businessmen and civic
Mayor and persons Implementing his order to
leaders previously victimized by the Nationalist
cease and desist from demolishing petitioners'
Patriotic Army (NPA) rebel group, was
shanties under pain of contempt.
implicated in the torture and kidnapping of Dr.
Mengele, a known NPA sympathizer. What have you to say on the validity of the
actuation of the Commission on Human Rights
b) Does the Commission on Human
in relation to that of the Quezon City Mayor?
Rights have the power to investigate and
adjudicate the matter? SUGGESTED ANSWER:
SUGGESTED ANSWER; The actuation of the Commission on Human
Rights is void. In Simon vs. Commission on
b) Under Section 18, Article XIII of the
Human Rights, 229 SCRA 117. the Court held
Constitution, the Commission on Human Rights
that the Commission on Human Rights has no
has the power to investigate all forms of human
power to issue a restraining order or a writ of
rights violations involving civil and political
injunction and has no power to cite for contempt
rights and to monitor the compliance by the
for violation of the restraining order or a writ of
government with international treaty obligations
preliminary injunction. The cease and desist
on human rights. As held in Carino vs.
order, according to the Court, is a semantic
Commission on Human Rights, 204 SCRA 483,
Interplay for a restraining order. Its power to cite
the Commission on Human Rights has no
for contempt should be understood to apply
power to decide cases involving violations of
only to violations of its adopted operational
civil and political rights. It can only investigate
guidelines and rules of procedure essential to
them and then refer the matter to the
carry out its investigatorial powers, which it is
appropriate government agency.
constitutionally authorized to adopt.
ALTERNATIVE ANSWER:
If what is referred to in the problem is the
Commission on Human Rights; Power to
Commission on Human Rights under the United
issue TRO (2001)
National Economic and Social Council, the case
may be investigated by the Commission based No VI - In order to implement a big government
on a special procedure for fact-finding and flood control project, the Department of Public
inquiry based on the consent of the States Works and Highways (DPWH) and a local
concerned. However, this does not constitute government unit (LGU) removed squatters from
investigation in the usual sense of the term, the bank of a river and certain esteros for
with no objective of establishing culpability. The relocation to another place. Their shanties were
Commission on Human Rights is not demolished. The Commission on Human Rights
empowered to make adjudications. (CHR) conducted an investigation and issued
an order for the DPWH and the LGU to cease
and desist from effecting the removal of the
Commission on Human Rights; Power to squatters on the ground that the human rights
issue TRO (1997) of the squatters were being violated. The
DPWH and the LGU objected to the order of the
No. 8 - About a hundred people occupied a
CHR
parcel of land in Quezon City belonging to the
city government and built shanties thereon Resolve which position is correct. Reasons
which they utilized for dwelling, sari-sari stores, (5%)
etc. The City Mayor issued an order directing
SUGGESTED ANSWER; consequent danger to life and limb
cannot be ignored. It is paradoxical that
The position of the Department of Public Works
a right which is claimed to have been
and Highways and of the local government unit
violated is one that cannot, in the first
is correct. As held in Export Processing Zone
place, even be invoked, if it is, in fact,
Authority v. Commission on Human Rights, 208
extant. Based on the circumstances
SCRA125 (1992), no provision in the
obtaining in this instance, the CHR
Constitution or any law confers on the
order for demolition do not fall within the
Commission on Human Rights jurisdiction to
compartment of human rights violations
issue temporary restraining orders or writs of
involving civil and political rights
preliminary injunction. The Commission on
intended by the Constitution. (Simon v.
Human Rights has no judicial power. Its powers
Commission on Human Rights, G.R.
are merely investigatory.
No. 100150, January 5, 1994)
(b) Can the CHR issue an "order to desist"

Commission on Human Rights; Power;
or restraining order?
Limitations (Q4-2005)
SUGGESTED ANSWER:
(2) Squatters and vendors have put up
The CHR may not issue an "order to
structures in an area intended for a
desist" or restraining order. The
People's Park, which are impeding the flow
constitutional provision directing the
of traffic in the adjoining highway. Mayor
CHR to provide for preventive
Cruz gave notice for the structures to be
measures to those whose human rights
removed, and the area vacated within a
have been violated or need protection
month, or else, face demolition and
may not be construed to confer
ejectment. The occupants filed a case with
jurisdiction on the Commission to issue
the Commission on Human Rights (CHR) to
a restraining order or writ of injunction
stop the Mayor's move.
for, it that were the intention, the
Constitution would have expressly said
The CHR then issued an "order to desist"
so. Jurisdiction is conferred only by the
against Mayor Cruz with warning that he
Constitution or by law. It is never
would be held in contempt should he fail to
derived by implication. (Export
comply with the desistance order. When the
Processing Zone Authority v.
allotted time lapsed, Mayor Cruz caused the
Commission on Human Rights, G.R.
demolition and removal of the structures.
No. 101476, April 14, 1992)
Accordingly, the CHR cited him for
contempt. (5%)
(c) Is the CHR empowered to declare
Mayor Cruz in contempt? Does it have
(a) What is your concept of Human Rights?
contempt powers at all?
Does this case involve violations of
SUGGESTED ANSWER:
human rights within the scope of the
The CHR does not possess adjudicative
CHR's jurisdiction?
functions and therefore, on its own, is
SUGGESTED ANSWER:
not empowered to declare Mayor Cruz
Under the Universal Declaration of
in contempt for issuing the "order to
Human Rights, the International
desist." However, under the 1987
Covenant on Economic, Social and
Constitution, the CHR is constitutionally
Cultural Rights and International
authorized, in the exercise of its
Covenant on Civil and Political Rights,
investigative functions, to "adopt its
the scope of human rights includes
operational guidelines and rules of
"those that relate to an individual's
procedure, and cite for contempt for
social, economic, cultural, political and
violations thereof in accordance with the
civil relations... along with what is
Rules of Court." Accordingly, the CHR,
generally considered to be his inherent
in the course of an investigation, may
and inalienable rights, encompassing
only cite or hold any person in contempt
almost all aspects of life."
and impose the appropriate penalties in
accordance with the procedure and
In the case at bar, the land adjoins a
sanctions provided for in the Rules of
busy national highway and the
Court. (Carino v. Commission on
construction of the squatter shanties
impedes the flow of traffic. The
Human Rights, G.R. No. 96681, For these reasons, I would advise the
December 2, 1991) association to work for the veto of the bill and, if
it is not vetoed but becomes a law, to challenge
it in court.
Labor; Right to Self-Organization (1988)
No. 2: Because of the marked increase in the
Labor; Right to Strike (1988)
incidence of labor strikes and of work
stoppages in industrial establishments, No. 1: Hearings before a congressional
Congress intending to help promote industrial committee have established that many firms at
peace, passed, over the objections of militant the Bataan Export Processing Zone had closed
labor unions, an amendment to the Labor Code, down or pulled out because of unstable labor
providing that no person who is or has been a conditions resulting in so many strikes. To
member of the Communist Party may serve as remedy the situation and inject vitality to the
an officer of any labor organization in the export expansion program, some congressional
country. An association of former NPAs (New leaders and business executives propose that
Peoples Army) who had surrendered, availed of strike-free export zones be established.
amnesty, and are presently leading quiet and
Do you believe that under the present
peaceful lives, comes to you asking what could
Constitution, it is legally possible to put up such
be done against the amendment. What would
a strike-free export processing zone in the
you advise the association to do? Explain.
country? Why or why not?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
In PAFLU v. Secretary of Labor, 27
No. The fact that many firms at the Bataan
SCRA 40 (1969) the Supreme Court upheld the
EPZA have been forced to close down by
validity of sec. 23 of the Industrial Peace Act
unstable labor condition brought about by strike
requiring labor unions to submit, within 60 days
does not justify the ban on strike. The
of the election of its officers, affidavits of the
Constitution guarantees the rights of workers to
latter that they are not members of the
engage in "peaceful concerted activities,
Communist Party, against the claim that the
including the right to strike in accordance with
requirement unduly curtailed freedom of
law." (Art. XIII, sec. 3). It is illegal strikes which
assembly and association. The Court pointed
can be prohibited but not all strikes. For strike is
out that the filing of the affidavits was merely a
labor's legitimate weapon. In the absence of a
condition for the acquisition by a labor
compelling interest of the state (such as health
organization of legal personality and the
and safety, e.g., the prohibition of strike in
enjoyment of certain rights and privileges which
hospitals and industries indispensable to the
the Constitution does not guarantee. On the
national interest) it cannot be prohibited.
other hand, the requirement constitutes a valid
exercise of the State's police power to protect
the public against abuse, fraud and impostors.
Labor; Right to Strike (1993)
But the disqualification of members of
No. 15: Congressman Cheng says he is one of
the CPP and its military arm, the NPA, from
the co-authors of the Subic Bay Metropolitan
being officers of a labor union would (1) nullify
Authority Charter. He declares that the SBMA is
the amnesty granted by the President with the
the answer to rapid economic growth and the
concurrence, it may be assumed, of the
attainment of the President's Philippine 2000"
majority of the members of Congress and (2)
dream. However, Cheng is worried that foreign
permit the condemnation of the former NPA
capital might be slow in coming in due to
members without judicial trial in a way that
unstable working conditions resulting from too
makes it contrary to the prohibition against the
many strikes. To remedy this situation. Cheng
enactment of bill of attainder and ex post facto
proposes an amendment to SBMA law
law. The amnesty granted to the former NPAs
declaring it as a strike-free zone or total ban on
obliterated their offense and relieved them of
strikes. Is this proposal legally defensible?
the punishment imposed by law. (Barrioquinto
Explain briefly.
v, Fernandez, 82 Phil. 642 (1949)). The
amendment would make them guilty of an act, SUGGESTED ANSWER:
that of having been former members of the
Art. XIII. sec. 3 of the Constitution guarantees
NPA, for which they have already been forgiven
the right of all workers to engage in peaceful
by Presidential amnesty.
concerted activities, including the right to strike
in accordance with law. Thus, a law cannot State to alleviate the plight of the
totally prohibit the right to strike but can only underprivileged by removing Inequities, it
regulate the exercise thereof. His proposal to simply made a general policy declaration and
ban strikes totally in the Subic Special focused on social and economic inequities,
Economic and Freeport Zone is, therefore
b) In the 1987 Constitution, social Justice is
unconstitutional.
conceptualized as a set of specific economic,
ALTERNATIVE ANSWER: social and cultural rights.
While the Constitution guarantees to workers c) The 1987 Constitutional provision on social
the right to engage in peaceful concerted justice includes all phases of national
activities, Including the right to strike, such right development. It includes economic, political,
can only be exercised in accordance with law. social and cultural rights.
The phrase "in accordance with law" was
SUGGESTED ANSWER
Inserted precisely to Indicate that in some
exceptional cases workers would not have the 2. In Calalang v. Williams, et. al.. 70 Phil. 726,
right to strike if it is prohibited by law. Hence, social justice was defined as "neither
the proposal to ban strikes totally in the Subic communism nor despotism, nor atomism, nor
Special Economic and Freeport Zone is anarchy, but the humanization of laws and the
constitutional. (Social Security System equalization of social and economic forces by
Employees Association vs. Court of Appeals, the State so that justice in its rational and
175 SCRA 686, July 28. 1989; Manila Public objectively secular conception may at least be
School Teachers Association v. Laguio, 200 approximated. Social justice means the
SCRA 323 (1991)). promotion of the welfare of all the people, the
adoption by the government of measures
calculated to insure economic stability of all the
Social Justice under the Present competent elements of society, through the
Constitution (1995) maintenance of a proper economic and social
equilibrium in the interrelations of the members
No. 1- 1. Discuss the concept of social justice
of the community,"
under the 1987 Constitution,
On the other hand, Section 6, Article II of the
2. How does it compare with the old
1973 Constitution provided. The State shall
concept of social Justice under the 1973
promote social justice to ensure the dignity,
Constitution? Under the 1935 Constitution?
welfare, and security of all the people. Toward
SUGGESTED ANSWER this end. the State shall regulate the acquisition,
ownership, use, enjoyment, and disposition of
1. Section 10, Article II of the 1987 Constitution
private property, and equitably diffuse property
provides. "The State shall promote social justice
ownership and profits." This provision
in all phases of national development". As
expounded on the concept of social justice by
stated in Marquez vs. Secretary of Labor, 171
expressly mentioning the regulation of property
SCRA 337, social justice means that the State
and the equitable diffusion of ownership.
should assist the underprivileged. Without such
help, they might not be able to secure justice for Note: It is suggested that the examiner
themselves. Since the provision on social should correlate the answers to both questions
justice in the 1987 Constitution covers all and give credit to answers which state that
phases of national development, it is not limited there is an expansion of the range of social
to the removal of socio-economic inequities but Justice in the 1987 Constitution compared to
also includes political and cultural inequities. the 1935 and the 1973 Constitution.
The 1987 Constitution elaborated on the
concept of social justice by devoting an entire
article, Article XIII, to it. Women (2000)
Alternative Answers: No IX. b) What are the provisions of the
Constitution on women? (2%)
a) Section 5, Article II of the 1935 Constitution
provided, "The promotion of social justice to SUGGESTED ANSWER:
Insure the well-being and economic security of
b) The following are the provisions of the
all the people should be the concern of the
Constitution on women:
State." While this provision embodied the
concept of social justice as an obligation of the
1) "It (the State) shall equally protect the (c) The preference given to the poor
life of the mother and the life of the man's son is justified. Not only is the seminary
unborn from conception." (Section 12, entitled to choose whom it will admit because it
Article II) enjoys institutional autonomy (Art. XIV, Sec.
5(2) ) but the choice made in this case is a wise
2) The State recognizes the role of women
and judicious one. The rich man's son had been
in nation-building, and shall ensure the
expelled from another school because of
fundamental equality before the law of
academic delinquency. Despite the economic
women and men." (Section 14, Article
advantage and opportunity he had, he still failed
II)
in his school work, warranting a finding that he
3) "The State shall protect working women cannot really do school work. On the other
by providing safe and healthful working hand, the poor man's son may be academically
conditions, taking into account their deficient precisely as a result of poverty so that
maternal functions, and such faculties if relieved of its effects it is probable he will do
and opportunities that will enhance their better in school. The democratization of wealth
welfare and enable them to realize their and power, implicit in Art. XIII, Sec. 1, and
full potential in the service of the justifies the decision of the Rector in this case.
nation." (Section 14, Article XIII)
Education; Academic Freedom (1989)

ARTICLE XIV Education, No. 9: What do you understand by academic
Science and Technology, Arts freedom?
Education; Academic Freedom (1987) SUGGESTED ANSWER:
No. X: "X", a son of a rich family, applied for According to Sidney Hook, academic freedom
enrolment with the San Carlos Seminary in is the freedom of professionally qualified
Mandaluyong, Metro Manila. Because he had persons to inquire, discover, publish and teach
been previously expelled from another the truth as they see it in the field of their
seminary for scholastic deficiency, the Rector of competence without being subject to any
San Carlos Seminary denied the application control or authority except the control or
without giving any grounds for the denial. After authority of the rational methods by which truths
"X" was refused admission, the Rector admitted or conclusions are sought and established in
another applicant, who is the son of a poor these disciplines.
farmer who was also academically deficient.
In Garcia vs. Faculty Admission
xxx Committee, 68 SCRA 277, it was held that the
(b) Prepare a brief argument citing academic freedom of institutions of higher
rules, laws, or Constitutional provisions in learning involves a wide sphere of autonomy in
support of the Rector's denial of the motion for deciding their objectives and the best means of
reconsideration. attaining them without outside interference
except when overriding public welfare calls for
(c) Give your decision on the appeal some restraint. Thus, a school can determine
of "X" from the Rector's denial of "X's" for itself who may teach, who may be taught,
application, how it shall be taught, and who may be
SUGGESTED ANSWER: admitted to study. In Tangonon vs. Pano, 137
SCRA 245, it was held that the academic
(b) The seminary has institutional freedom of an institution of higher learning
autonomy which gives it the right, all things includes the right to prescribe academic
being equal, to choose whom it will admit as standards and to refuse re-enrollment to
student. (Garcia v. Faculty of Admission, students for academic deficiencies and violation
Loyola School of Theology, 68 SCRA 277 of disciplinary regulations. According to
(1975); Villar v. Technological Institute of the University of San Carlos vs. Court of Appeals,
Philippines, 135 SCRA 706 (1985); Tangonan G.R. No. 79237, October 18, 1988, academic
v. Cruz Pano, 137 SCRA 245 (1985) ) This freedom includes the right to prescribe
autonomy is sufficiently large to permit in this requirements for the conferment of honors.
case the seminary to choose between the rich
man's son and the poor man's son.
No. 18: Ting, a student of Bangkerohan academic freedom of an institution of higher
University, was given a failing grade by learning includes the freedom to determine who
Professor Mahigpit. Ting confronted Professor may teach, what may be taught, how it shall be
Mahigpit at the corridor after class and a heated taught, and who may be admitted to study.
argument ensued. Cooler heads prevented the Because of academic freedom, an institution of
verbal war ending in physical confrontation. higher learning can refuse to re-enroll a student
Mahigpit left the campus and went shopping In who is academically deficient or who has
a department store. Ting saw Mahigpit and violated the rules of discipline. Academic
without any warning mauled the latter. Mahigpit freedom grants institutions of higher learning
filed an administrative complaint against Ting the discretion to formulate rules for the granting
before the Dean of Students for breach of of honors. Likewise, because of academic
university rules and regulations. The Dean set freedom, an institution of higher learning can
the complaint for hearing. However, Ting filed a close a school.
petition before the RTC to prohibit the Dean
and the school from investigating him
contending that the mauling incident happened Education; Alien Enrollees & Donors (1999)
outside the school premises and therefore,
No II - C. What is the rule on the number of
outside the school's jurisdiction. The school and
aliens who may enroll in educational institutions
the Dean answered that the school can
in the Philippines. Give the exception to the
investigate Ting since his conduct outside
rule. May such institutions accept donations
school hours and even outside of school
from foreign students under the pretext that
premises affect the welfare of the school; and
such donations are to be used to buy
furthermore, the case involves a student and
equipment and improve school facilities?
faculty member. If you were the judge, how
Explain. (2%)
would you decide the case?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
C. Under Section 4(2), Article XIV of
If I were the Judge, I would dismiss the petition.
the Constitution, no group of aliens shall
In Angeles v Sison, 112 SCRA 26, it was held
comprise more than one-third of the enrollment
that a school can subject to disciplinary action a
in any school. The exception refers to schools
student who assaulted a professor outside the
established for foreign diplomatic personnel and
school premises, because the misconduct of
their dependents and, unless otherwise
the student involves his status as, a student or
provided by law, for other foreign temporary
affects the good name or reputation of the
residents.
school. The misconduct of Ting directly affects
his suitability as a student. Educational institutions may accept
donations from foreign students. No provision in
the Constitution or any law prohibits it.
Education; Academic Freedom; Extent
(1999)
Education; Duties of State in Re Education
No II - A. What is Academic Freedom?
(1999)
Discuss the extent of Academic Freedom
enjoyed by institutions of higher learning. (2%) No II - B. Give two duties of the state
mandated by the Constitution regarding
SUGGESTED ANSWER:
education. (2%)
A. According to Reyes v. Court of
SUGGESTED ANSWER:
Appeals, 194 SCRA 402, academic freedom is
the freedom of a faculty member to pursue his B. Article XIV of the Constitution imposes the
studies in his particular specialty and thereafter following duties regarding education upon the
to make known or publish the result of his State:
endeavors without fear that retribution would be
1. The State shall protect and promote
visited on him in the event that his conclusions
the right of all citizens to quality
are found distasteful or objectionable by the
education at all levels and shall take
powers that be, whether in the political,
appropriate steps to make such
economic, or academic establishments.
education accessible to all. (Section
In Garcia v. Faculty Admission 1)
Committee, 68 SCRA 277, it was held that the
2. The State shall establish, maintain Education; Flag Salute (1987)
and support a complete, adequate,
No. XIII: The requirement that school children
and integrated system of education
participate in flag ceremonies has been the
relevant to the needs of the people
subject of controversy. On the one hand it is the
and society. [Section 2(1)]
view that the requirement violates religious
3. The State shall establish and maintain freedom; on the other is the Supreme Court
a system of free public education in decision that because of relevant provisions of
the elementary and high school the 1935 Constitution the flag salute may be
levels. [Section 2(2)] validly required.
4. The State shall establish and maintain Which of the above finds support on
a system of scholarship grants, 1987 Constitution, Cite at least two provisions
student loan programs, subsidies, and to prove your point.
other incentives which shall be
SUGGESTED ANSWER:
available to deserving students in
both public and private schools, The view that flag salute may validly be
especially to the underprivileged. required finds support in the following
[Section 2(3)] provisions of the 1987 Constitution:
5. The State shall encourage non- (a) Art, XIV, Sec. 3(2), which provides
formal, informal and indigenous that all educational institutions shall inculcate in
learning systems, as well as self- students, among other civil virtues, patriotism
learning, independent and out-of- and nationalism and teach them the rights and
school study program particularly duties of citizenship. Thus considerably
those that respond to community broadening the aims of schools is originally
needs, [Section 2|4|] stated in the 1935 Constitution which the
Supreme Court relied upon for its decision in
6. The State shall provide adult citizens,
Gerona v. Secretary of Education, 106 Phil. 2
the disabled, and out-of-school youth
(1959), upholding the flag salute in the
with training in civics, vocational
Philippines. The 1935 Constitution simply
efficiency and other skills. [Section
mentioned the development of civic conscience
2(5)]
and the teaching of the duties of citizenship.
7. The State shall take into account
(b) Art II, Sec, 13 mandates the State
regional and sectoral needs and
to "inculcate in the youth patriotism and
conditions and shall encourage local
nationalism," while Sec. 17 requires the State to
planning in the development of
give priority to education, among other
educational policies and programs.
concerns, "to foster patriotism and nationalism."
[Section 5(1|]
8. The State shall enhance the rights of
teachers to professional Education; Right to Choose Profession
advancement. Non-teaching (2000)
academic and non-academic
No IV. Undaunted by his three failures in the
personnel shall enjoy the protection of
National Medical Admission Test (NMAT), Cruz
the State. [Section 5(4)]
applied to take it again but he was refused
9. The State shall assign the highest because of an order of the Department of
budgetary priority to education and Education, Culture and Sports (DECS)
ensure that teaching will attract and disallowing flunkers from taking the test a fourth
retain its rightful share of the best time. Cruz filed suit assailing this rule raising
available talents through adequate the constitutional grounds of accessible quality
remuneration and other means of job education, academic freedom and equal
satisfaction and fulfillment. [Section protection. The government opposes this,
5(5)] upholding the constitutionality of the rule on the
ground of exercise of police power. Decide the
[Note: The question asks for two
case discussing the grounds raised. (5%)
constitutional duties of the state regarding
education.] SUGGESTED ANSWER:
As held in Department of Education,
Culture and Sports v. San Diego,180 SCRA
533 (1989), the rule is a valid exercise of police public elementary and high schools within the
power to ensure that those admitted to the regular class hours by instructors designated or
medical profession are qualified. The approved by the religious authorities to which
arguments of Cruz are not meritorious. The the children or wards belong, without additional
right to quality education and academic cost to the Government.
freedom are not absolute. Under Section 5(3),
Article XIV of the Constitution, the right to
choose a profession is subject to fair, Education; Validity of Academic
reasonable and equitable admission and Requirements (1994)
academic requirements. The rule does not
No. 12; The Department of Education, Culture
violate equal protection. There is a substantial
and Sports Issued a circular disqualifying
distinction between medical students and other
anyone who fails for the fourth time in the
students. Unlike other professions, the medical
National Entrance Tests from admission to a
profession directly affects the lives of the
College of Dentistry.
people.
X who was thus disqualified, questions
the constitutionality of the circular.
Education; Right to Quality Education (2003)
1) Did the circular deprive her of her
No III - Children who are members of a constitutional right to education?
religious sect have been expelled from their
2) Did the circular violate the equal
respective public schools for refusing, on
protection clause of the Constitution?
account of their religious beliefs, to take part in
the flag ceremony which includes playing by a SUGGESTED ANSWER:
band or singing the national anthem, saluting
1) No, the circular disqualifying anyone who
the Philippine flag and reciting the patriotic
fails for the fourth time in the National Entrance
pledge. The students and their parents assail
Tests from admission to the College of
the expulsion on the ground that the school
Dentistry did not deprive X of her constitutional
authorities have acted in violation of their right
right to education. As held in Department of
to free public education, freedom of speech,
Education, Culture and Sports vs. San Diego,
and religious freedom and worship. Decide the
180 SCRA 533, this right is not absolute.
case.
Section 5(3). Article XIV of the Constitution
SUGGESTED ANSWER: provides that the right to choose a profession or
course of study is subject to fair, reasonable
The students cannot be expelled from school.
and equitable admission and academic
As held in Ebralinag v. The Division
requirements. Requiring that those who will
Superintendent of Schools of Cebu. 219 SCRA
enroll in a College of Dentistry should pass the
256 [1993], to compel students to take part in
National Entrance Test is valid, because it is
the flag ceremony when it is against their
intended to ensure that only those who are
religious beliefs will violate their religious
qualified to be dentists are admitted for
freedom. Their expulsion also violates the duty
enrollment.
of the State under Article XIV, Section 1 of the
Constitution to protect and promote the right of 2) No, the circular did not violate the equal
all citizens to quality education and make such protection clause of the Constitution. ...
education accessible to all.
Education; Teaching of Religion (1999)

ARTICLE XVI General
Provisions
No II - D. What is the constitutional provision
concerning the teaching of religion in the
elementary and high schools in the Philippines? General Provisions; Local Dialect (1987)
Explain. (2%) No. V: State whether or not the following city
ordinances are valid and give reasons in
SUGGESTED ANSWER: support of your answers:
D. Under Section 3(3), Article XIV of the (a) An ordinance prescribing the use of the
Constitution, at the option expressed in writing local dialect as medium of instruction in the
by the parents or guardians, religion shall be primary grades.
allowed to be taught to their children or wards in SUGGESTED ANSWER:

(a) The ordinance, which prescribes the use of No. 20: State the various modes of, and steps
the local dialect as medium of instruction in the in, revising or amending the Philippine
primary grades, is invalid. The Constitution Constitution.
provides in Art XIV, Sec. 7 for the use of
SUGGESTED ANSWER:
regional dialect as auxiliary medium of
instruction. If the ordinance prescribes the use There are three modes of amending the
of local dialect not as auxiliary, but as exclusive Constitution.
language of instruction, then it is violative of the
1. Under Section 1, Article XVIII of
Constitution for this additional reason. The
the Constitution. Congress may by three-fourths
ordinance would thus allow more dialects to be
vote of all its Members propose any
used than it is desirable and make the quest for
amendment to or revision of the Constitution.
national unity more difficult.
2. Under the same provision, a
AFP; limitation on accepting additional constitutional convention may propose any
duties (1996) amendment to or revision of the Constitution.
No. 7: Can the Judge-Advocate General of the According to Section 3, Article XVII of the
Armed Forces of the Philippines be appointed a Constitution. Congress may by a two-thirds vote
Trustee of the Government Service Insurance of all its Members call a constitutional
System? Explain. convention or by a majority vote of all its
SUGGESTED ANSWER: Members submit the question of calling such a
No, the Judge Advocate General of the Armed convention to the electorate.
Forces of the Philippines cannot be appointed 3. Under Section 2. Article XVII of the
as trustee of the Government Service Insurance Constitution, the people may directly propose
System. Under Section 5(4). Article XVI of the amendments to the Constitution through
Constitution, no member of the Armed Forces initiative upon a petition of at least twelve per
of the Philippines in the active service shall at cent of the total number of registered voters, of
any time be appointed or designated in any which every legislative district must be
capacity to a civilian position in the represented by at least three per cent of the
Government, including government-owned or registered voters therein.
controlled corporations.
According to Section 4, Article XVII of the
Constitution, to be valid any amendment to
or revision of the Constitution must be
ARTICLE XVII Amendments or ratified by a majority of the votes cast In a
Revisions plebiscite.
People’s Initiative (2004)
(4-b) An amendment to or a revision of the REFERENDUM vs. INITIATIVE (Q1-2005)
present Constitution may be proposed by a (a) The present Constitution introduced the
Constitutional Convention or by the Congress concepts and processes of Initiative and
upon a vote of three-fourths of all its members. Referendum. Compare and differentiate one
Is there a third way of proposing revisions of or from the other. (3%)
amendments to the Constitution? If so, how? SUGGESTED ANSWER:
(5%) INITIATIVE is the power of the people to
propose amendments to the Constitution or to
SUGGESTED ANSWER: propose and enact legislations through an
There is no third way of proposing revisions to election called for the purpose. Under the 1987
the Constitution; however, the people through Constitution, the people through initiative can
initiative upon petition of at least twelve per cent propose amendments to the Constitution upon
of the total number of registered, voters, of a petition of at least twelve per centum of the
which every legislative district must be total number of registered voters, of which
represented by at least three per cent of the every legislative district must be represented by
registered voters in it, may directly propose at least three per centum of the registered
amendments to the Constitution. This right is voters therein. REFERENDUM is the power of
not operative without an implementing law. the electorate to approve or reject a legislation
(Section 2, Article XVII of the 1987 through an election called for the purpose.
Constitution.) (Sec. 3, R.A. No. 6735 [1989]).
Amendments and Revisions; Modes (1997)

On the other hand, the Local Government Code the other hand, led by the Senate President,
(R.A. No. 7160) defines LOCAL INITIATIVE as are skeptical, and had even warned that no
the legal process whereby the registered voters treaty or international agreement may go into
of a local government unit may directly propose, effect without the concurrence of two-thirds of
enact, or amend any ordinance (Sec. 120) and all members of the Senate.
LOCAL REFERENDUM as the legal process
A former senator had said, "it is
whereby the registered voters of the local
completely wrong, if not erroneous," and "is an
government units may approve, amend or reject
amendment of the Constitution by
any ordinance enacted by the Sanggunian.
misinterpretation." Some members of the Lower
(Sec. 126)
House agree with Secretary Ordonez, while
others lament the latter's opinion as
"questionable, unfortunate, and without any
ARTICLE XVIII Transitory basis at all."
Provisions Do you or do you not agree with the
Transitory Provisions; Foreign Military aforementioned ruling of the Department of
Bases (1996) Justice? Why?
No. 4 - 1) Under the executive agreement SUGGESTED ANSWER:
entered into between the Philippines and the
No. The Constitution provides that if foreign
other members of the ASEAN, the other
military bases, troops or facilities are to be
members will each send a battalion-size unit of
allowed after the expiration of the present
their respective armed forces to conduct a
Philippine-American Military Bases Agreement
combined military exercise in the Subic Bay
in 1991, it must be "under a treaty duly
Area. A group of concerned citizens sought to
concurred in by the Senate and, when the
enjoin the entry of foreign troops as violative of
Congress so requires, ratified by a majority of
the 1987 Constitution that prohibited the
the votes cast by the people in a national
stationing of foreign troops and the use by
referendum." (Art. XVIII, sec. 25) A mere
them, of local facilities.
agreement, therefore, not a treaty, without the
As the Judge, decide the case. Explain. concurrence of at least 2/3 of all the members
of the Senate will not be valid (Art. VII, sec. 21,
SUGGESTED ANSWER:
Art. XVIII, sec. 4). With respect to the provision
1) As a judge, I shall dismiss the case. What allowing nuclear weapons within the bases, the
Section 25, Article XVII of the Constitution Constitution appears to ban such weapons from
prohibits in the absence of a treaty is the the Philippine territory. It declares as a state
stationing of troops and facilities of foreign policy that "the Philippines, consistent with the
countries in the Philippines. It does not include national interest, adopts and pursues a policy of
the temporary presence in the Philippines of freedom from nuclear weapons in its territory."
foreign troops for the purpose of a combined (Art, II, sec. 8) However, the deliberations of the
military exercise. Besides, the holding of the Constitutional Commission would seem to
combined military exercise is connected with indicate that this provision of the Constitution is
defense, which is a sovereign function. In "not something absolute nor 100 percent
accordance with the ruling in Baer vs. Tizon, 57 without exception." It may therefore be that
SCRA 1, the filing of an action interfering with circumstances may justify a provision on
the defense of the State amounts to a suit nuclear weapons.
against the State without its consent.
Transitory Provisions; Foreign Military PUBLIC INTERNATIONAL LAW

Bases (1988)
No. 22: The Secretary of Justice had recently Basic Principles in Public Int’l Law (1991)
ruled that the President may negotiate for a
Select any five (5) of the following and explain
modification or extension of military bases
each, using examples:
agreement with the United States regardless of
the "no nukes" provisions in the 1987 (a) Reprisal
Constitution. The President forthwith
(b) Retorsion
announced that she finds the same opinion
"acceptable" and will adopt it. The Senators on
(c) Declaratory Theory of Recognition (e) CONTINENTAL SHELF of a coastal state
Principle comprises the sea-bed and subsoil of the
submarine areas that extend beyond its
(d) Recognition of Belligerency
territorial sea throughout the natural
(e) Continental Shelf prolongation of its land territory to the outer
edge of the continental margin, or to a distance
(f) Exequatur
of 200 nautical miles from the "baselines from
(g) Principle of Double Criminality which the breadth of the territorial sea is
measured where the outer edge of the
(h) Protective Personality
continental shelf does not extend up to that
(i) Innocent Passage distance.
(j) Jus cogens in International Law
(f) EXEQUATUR is an authorization from the
SUGGESTED ANSWER: receiving state admitting the head of a consular
post to the exercise of his functions. For
(a) REPRISAL is a coercive measure short of
example, if the Philippines appoints a consul
war, directed by a state against another, in
general for New York, he cannot start
retaliation for acts of the latter and as means of
performing his functions unless the President of
obtaining reparation or satisfaction for such
the United States issues an exequatur to him,
acts. Reprisal involves retaliatory acts which by
themselves would be illegal. For example, for
(g) The principle of DOUBLE CRIMINALITY is
violation of a treaty by a state, the aggrieved
the rule in extradition which states that for a
state seizes on the high seas the ships of the
request to be honored the crime for which
offending state.
extradition is requested must be a crime in both
the requesting state and the state to which the
(b) RETORSION is a legal but deliberately
fugitive has fled. For example, since murder is
unfriendly act directed by a state against
a crime both in the Philippines and in Canada,
another in retaliation for an unfriendly though
under the Treaty on Extradition between the
legal act to compel that state to alter its
Philippines and Canada, the Philippines can
unfriendly conduct. An example of retorsion is
request Canada to extradite a Filipino who has
banning exports to the offending state.
fled to Canada.
(c) The DECLARATORY THEORY OF
(h) PROTECTIVE PERSONALITY principle is
RECOGNITION is a theory according to which
the principle by which the state exercise
recognition of a state is merely an
jurisdiction over the acts of an alien even if
acknowledgment of the fact of its existence. In
committed outside its territory, if such acts are
other words, the recognized state already exists
adverse to the interest of the national state.
and can exist even without such recognition.
For example, when other countries recognized
(i) INNOCENT PASSAGE means the right of
Bangladesh, Bangladesh already existed as a
continuous and expeditious navigation of a
state even without such recognition.
foreign ship through the territorial sea of a state
for the purpose of traversing that sea without
(d) RECOGNITION OF BELLIGERENCY is the
entering the internal waters or calling at a
formal acknowledgment by a third party of the
roadstead or port facility outside internal waters,
existence of a state of war between the central
or proceeding to or from internal waters or a call
government and a portion of that state.
at such roadstead or port facility. The passage
Belligerency exists when a sizeable portion of
is innocent so long as it is not prejudicial to the
the territory of a state is under the effective
peace, good order or security of the coastal
control of an insurgent community which is
state.
seeking to establish a separate government
and the insurgents are in de facto control of a
(j) JUS COGENS is a peremptory norm of
portion of the territory and population, have a
general international law accepted and
political organization, are able to maintain such
recognized by the international community as a
control, and conduct themselves according to
whole as a norm from which no derogation is
the laws of war. For example, Great Britain
permitted and which can be modified only by a
recognized a state of belligerency in the United
subsequent norm of general international law
States during the Civil War,
having the same character, An example is the
prohibition against the use of force.
Constitutive Theory vs. Declaratory Theory a) Can the foreign ambassador invoke his
(2004) diplomatic immunity to resist the lessor's
(2-a-4) Distinguish: The constitutive theory action? (3%)
and the declaratory theory concerning
b) The lessor gets hold of evidence that the
recognition of states.
ambassador is about to return to his home
country. Can the lessor ask the court to stop the
SUGGESTED ANSWER:
ambassador's departure from the Philippines?
According to the CONSTITUTIVE THEORY,
(2%)
recognition is the last indispensable element
that converts the state being recognized into an SUGGESTED ANSWER:
international person.
a) No, the foreign ambassador cannot invoke
his diplomatic immunity to resist the action,
According to the DECLARATORY THEORY,
since he is not using the house in Tagaytay
recognition is merely an acknowledgment of the
City for the purposes of his mission but
pre-existing fact that the state being recognized
merely for vacation. Under Article 3(l)(a) of
is an international person.(Cruz, International
the Vienna Convention on Diplomatic
Law, 2003 ed.)
Relations, a diplomatic agent has no
immunity in case of a real action relating to
Contiguous Zone vs. Exclusive Economic private immovable property situated in the
Zone (2004) territory of the receiving State unless he
II-A. Distinguish briefly but clearly between: holds it on behalf of the sending State for
purposes of the mission.
2) The contiguous zone and the exclusive
economic zone. b) No, the lessor cannot ask the court to stop
the departure of the ambassador from the
SUGGESTED ANSWER: Philippines. Under Article 29 of the Vienna
(2) CONTIGUOUS ZONE is a zone contiguous Convention, a diplomatic agent shall not be
to the territorial sea and extends up to twelve liable to any form of arrest or detention.
nautical miles from the territorial sea and over (per Dondee) The grounds cited by YZ is tenable on
which the coastal state may exercise control the basis that the precept that a State cannot be
necessary to prevent infringement of its sued in the courts of a foreign state is a long-
customs, fiscal, immigration or sanitary laws standing rule of customary international law then
and regulations within its territory or territorial closely identified with the personal immunity of a
sea. (Article 33 of the Convention on the Law of foreign sovereign from suit and, with the emergence
the Sea.) of democratic states, made to attach not just to the
The EXCLUSIVE ECONOMIC ZONE is person of the head of state, or his representative,
a zone extending up to 200 nautical miles from but also distinctly to the state itself in its sovereign
the baselines of a state over which the coastal capacity. If the acts giving rise to a suit are those of
state has sovereign rights for the purpose of a foreign government done by its foreign agent,
exploring and exploiting, conserving and although not necessarily a diplomatic personage,
managing the natural resources, whether living but acting in his official capacity, the complaint could
or nonliving, of the waters superjacent to the be barred by the immunity of the foreign sovereign
seabed and of the seabed and subsoil, and with from suit without its consent. Suing a representative
regard to other activities for the economic of a state is believed to be, in effect, suing the state
exploitation and exploration of the zone. itself. (KHOSROW MINUCHER vs. COURT OF
(Articles 56 and 57 of the Convention on the APPEALS, G.R. No. 142396. February 11, 2003)
Law of the Sea.)
Diplomatic Immunity (2001)
No XX - Dr. Velen, an official of the World
Diplomatic Immunity (2000) Health Organization (WHO) assigned in the
No XX - A foreign ambassador to the Philippines, arrived at the Ninoy Aquino
Philippines leased a vacation house in International Airport with his personal effects
Tagaytay for his personal use. For some contained in twelve crates as unaccompanied
reason, he failed to pay rentals for more than baggage. As such, his personal effects were
one year. The lessor filed an action for the allowed free entry from duties and taxes, and
recovery of his property in court. were directly stored at Arshaine Corporation's

warehouse at Makati, pending Dr. Velen's Under Article 37 of the Vienna Convention on
relocation to his permanent quarters. Diplomatic Relations, members of the
administrative and technical staff of the
At the instance of police authorities, the
diplomatic mission, shall, if they are not
Regional Trial Court (RTC) of Makati issued a
nationals of or permanent residents in the
warrant for the search and seizure of Dr.
receiving State, enjoy the privileges and
Velen's personal effects in view of an alleged
immunities specified in Article 29.
violation of the Tariff and Custom's Code.
According to the police, the crates contained Under Article 9 of the Vienna Convention on
contraband items. Upon protest of WHO Diplomatic Relations, the remedy is to declare
officials, the Secretary of Foreign Affairs the high-ranking officials and rank-and-file
formally advised the RTC as to Dr. Velen's employees personae non gratae and ask them
immunity. The Solicitor General likewise joined to leave.
Dr. Velen's plea of immunity and motion to
ALTERNATIVE ANSWER:
quash the search warrant. The RTC denied the
motion. Under the Vienna Convention on Diplomatic
Relations, a diplomatic agent "shall not be liable
Is the denial of the motion to quash proper?
to any form of arrest or detention (Article 29)
(5%)
and he enjoys immunity from criminal
SUGGESTED ANSWER: jurisdiction (Article 31).
The denial of the motion is improper. As held in This immunity may cover the "high-ranking
World Health Organization vs. Aquino, 48 officials" in question, who are assumed to be
SCRA 242 (1972). as an official of the World diplomatic officers or agents. With respect to
Health Organization, Dr. Velen enjoyed the "rank-and-file employees" they are covered
diplomatic immunity and this included by the immunity referred to above, provided
exemption from duties and taxes. Since they are not nationals or permanent residents of
diplomatic immunity involves a political the Philippines, pursuant to Article 37(2) of the
question, where a plea of diplomatic immunity is said Convention.
recognized and affirmed by the Executive
If the said rank-and-file employees
Department, it is the duty of the court to accept
belong to the service staff of the diplomatic
the claim of immunity.
mission (such as drivers) they may be covered
Diplomatic Immunity (2003) by the immunity (even if they are not Philippine
nationals or residents) as set out in Article
No XVIII - A group of high-ranking officials and
37(3), if at the time of the arrest they were in
rank-and-file employees stationed in a foreign
"acts performed in the course of their duties." If
embassy in Manila were arrested outside
a driver was among the said rank-and-file
embassy grounds and detained at Camp
employees and he was arrested while driving a
Crame on suspicion that they were actively
diplomatic vehicle or engaged in related acts,
collaborating with "terrorists" out to overthrow or
still he would be covered by immunity.
destabilize the Philippine Government. The
Foreign Ambassador sought their immediate Diplomatic Immunity (2004)
release, claiming that the detained embassy (8-a) A. MBC, an alien businessman dealing in
officials and employees enjoyed diplomatic carpets and caviar, filed a suit against
immunity. If invited to express your legal policemen and YZ, an attache of XX Embassy,
opinion on the matter, what advice would you for damages because of malicious prosecution.
give? MBC alleged that YZ concocted false and
malicious charges that he was engaged in drug
SUGGESTED ANSWER:
trafficking, whereupon narcotics policemen
I shall advice that the high-ranking officials and conducted a "buy-bust" operation and without
rank-and-file employees be released because warrant arrested him, searched his house, and
of their diplomatic immunity. Article 29 of the seized his money and jewelry, then detained
Vienna Convention on Diplomatic Relations and tortured him in violation of his civil and
provides: human rights as well as causing him, his family
and business serious damages amounting to
"The person of a diplomatic agent shall
two million pesos. MBC added that the trial
be inviolable. He shall not be liable to
court acquitted him of the drug charges.
any form of arrest or detention."

Assailing the court's jurisdiction: YZ now moves (a) As counsel of Abad, refute the
to dismiss the complaint, on the ground that (1) defenses of "sovereign immunity"
he is an embassy officer entitled to diplomatic and "diplomatic immunity" raised by
immunity; and that (2) the suit is really a suit the State of Italy and its
against his home state without its consent. He Ambassador.
presents diplomatic notes from XX Embassy SUGGESTED ANSWER:
certifying that he is an accredited embassy As counsel for Abad, I will argue that
officer recognized by the Philippine sovereign immunity will not lie as it is
government. He performs official duties, he an established rule that when a State
says, on a mission to conduct surveillance on enters into a contract, it waives its
drug exporters and then inform local police immunity and allows itself to be
officers who make the actual arrest of suspects. sued. Moreover, there is a provision
Are the two grounds cited by YZ to dismiss the in the contract that any suit arising
suit tenable? (5%) therefrom shall be filed with the
proper courts of the City of Manila.
SUGGESTED ANSWER: On the issue of diplomatic immunity,
A. The claim of diplomatic immunity of YZ is I will assert that the act of the
not tenable, because he does not possess an Ambassador unilaterally terminating
acknowledged diplomatic title and is not the agreement is tortuous and done
performing duties of a diplomatic nature. with malice and bad faith and not a
However, the suit against him is a suit against sovereign or diplomatic function.
XX without its consent. YZ was acting as an
agent of XX and was performing his official (b) At any rate, what should be the
functions when he conducted surveillance on court's ruling on the said defenses?
drug exporters and informed the local police SUGGESTED ANSWER:
officers who arrested MBC. He was performing The court should rule against said
such duties with the consent of the Philippine defenses. The maintenance contract
government, therefore, the suit against YZ is a and repair of the Embassy and
suit against XX without its consent. (Minucher v. Ambassador's Residence is a
Court of Appeals, 397 SCRA 244 [1992]). contract in jus imperii, because such
repair of said buildings is
indispensable to the performance of
ALTERNATIVE SUGGESTED ANSWER: the official functions of the
Diplomatic Immunity; Ambassador (Q3- Government of Italy. Hence, the
2005) contract is in pursuit of a sovereign
(1) Italy, through its Ambassador, entered into activity in which case, it cannot be
a contract with Abad for the maintenance deemed to have waived its immunity
and repair of specified equipment at its from suit.
Embassy and Ambassador's Residence,
such as air conditioning units, generator On the matter of whether or not the
sets, electrical facilities, water heaters, and Ambassador may be sued, Article 31
water motor pumps. It was stipulated that of the Vienna Convention on
the agreement shall be effective for a period Diplomatic Relations provides that a
of four years and automatically renewed diplomatic agent enjoys immunity
unless cancelled. Further, it provided that from the criminal, civil and
any suit arising from the contract shall be administrative jurisdiction of the
filed with the proper courts in the City of receiving state except if the act
Manila. performed is outside his official
functions, in accordance with the
Claiming that the Maintenance Contract principle of functional necessity. In
was unilaterally, baselessly and arbitrarily this case, the act of entering into the
terminated, Abad sued the State of Italy and contract by the Ambassador was part
its Ambassador before a court in the City of of his official functions and thus, he
Manila. Among the defenses, they raised is entitled to diplomatic immunity.
were "sovereign immunity" and "diplomatic (Republic of Indonesia v. Vinzons,
immunity." (5%) G.R. No. 154705, June 26, 2003)
Diplomatic Immunity; Ambassadors (1990)

No. 5: D, the Ambassador of the Kingdom of and 31 of the Vienna Convention on Diplomatic
Nepal to the Philippines, leased a house in Relations provides that the papers,
Baguio City as his personal vacation home. On correspondence and the property of diplomat
account of military disturbance in Nepal, D did agents shall be inviolable. Therefore, a writ of
not receive his salary and allowances from his attachment cannot be issued against his
government and so he failed to pay his rentals furniture and any personal properties.
for more than one year. E, the lessor, filed an Moreover, on the assumption that the Kingdom
action for recovery of his property with the of Nepal grants similar protection to Philippine
Regional Trial Court of Baguio City. diplomatic agents. Section 4 of Republic Act
No. 75 provides that any writ or process issued
(1) Can the action against D prosper?
by any court in the Philippines for the
(2) Can E ask for the attachment of the attachment of the goods or chattels of the
furniture and other personal properties of D ambassador of a foreign State to the
after getting hold of evidence that D is about to Philippines shall be void.
leave the country?
SUGGESTED ANSWER:
(3} Can E ask for the court to stop D's
(3) No, E cannot ask the court to stop the
departure from the Philippines?
departure of the Ambassador of the Kingdom
SUGGESTED ANSWER: of Nepal from the Philippines. Article 29 of the
Vienna Convention on Diplomatic Relations
(1) Yes, the action can prosper. Article 31 of
provides: "The person of a diplomatic agent
the Vienna Convention on Diplomatic Relations
shall be inviolable. He shall not be liable to any
provides:
form of arrest or detention."
"1. A diplomatic agent shall enjoy
Diplomatic Immunity; Coverage (Q3-2005)
immunity from the criminal jurisdiction of
(2) Adams and Baker are American citizens
the receiving State. He shall also enjoy
residing in the Philippines. Adams
immunity from its civil and
befriended Baker and became a frequent
administrative jurisdiction, except in the
visitor at his house. One day, Adams
case of:
arrived with 30 members of the Philippine
(a) A real action relating to private National Police, armed with a Search
immovable property situated in the Warrant authorizing the search of Baker's
territory of the receiving State, unless house and its premises for dangerous drugs
he holds it on behalf of the sending being trafficked to the United States of
State for the purposes of the mission;" America.
The action against the Ambassador is a real
The search purportedly yielded positive
action involving private immovable property
results, and Baker was charged with
situated within the territory of the Philippines as
Violation of the Dangerous Drugs Act.
the receiving state. The action falls within the
Adams was the prosecution's principal
exception to the grant of immunity from the civil
witness. However, for failure to prove his
and administrative jurisdiction of the
guilt beyond reasonable doubt, Baker was
Philippines.
acquitted.
ALTERNATIVE ANSWER;
Baker then sued Adams for damages for
No, the action will not prosper. Although the
filing trumped-up charges against him.
action is a real action relating to private
Among the defenses raised by Adams is
immovable property within the territory of the
that he has diplomatic immunity,
Philippines, nonetheless, the vacation house
conformably with the Vienna Convention on
may be considered property held by the
Diplomatic Relations. He presented
Ambassador In behalf of his state (the Kingdom
Diplomatic Notes from the American
of Nepal) for the purposes of the mission and,
Embassy stating that he is an agent of the
therefore, such is beyond the civil and
United States Drug Enforcement Agency
administrative jurisdiction of the Philippines,
tasked with "conducting surveillance
including its courts,
operations" on suspected drug dealers in
SUGGESTED ANSWER: the Philippines believed to be the source of
prohibited drugs being shipped to the U.S. It
(2) No, E cannot ask for the attachment of the
was also stated that after having
personal properties of the Ambassador. Arts. 30
ascertained the target, Adams would then
inform the Philippine narcotic agents to 3. Suppose after he was charged, he was
make the actual arrest. (5%) appointed as his country's ambassador to the
Philippines. Can his newly-gained diplomatic
a) As counsel of plaintiff Baker, argue why status be a ground for dismissal of his criminal
his complaint should not be dismissed case? Explain.
on the ground of defendant Adams'
SUGGESTED ANSWER:
diplomatic immunity from suit.
SUGGESTED ANSWER. 1. Under Article 32 of the Vienna Convention on
As counsel for Baker, I would argue that Diplomatic Relations, a diplomatic agent shall
Adams is not a diplomatic agent enjoy immunity from the criminal jurisdiction of
considering that he is not a head of the receiving State. He shall also enjoy
mission nor is he part of the diplomatic immunity from its civil and administrative
staff that is accorded diplomatic rank. jurisdiction except in the case of:
Thus, the suit should not be dismissed
(a) A real action relating to private
as Adams has no diplomatic immunity
immovable property situated in the territory of
under the 1961 Vienna Convention on
the receiving State, unless he holds it on behalf
Diplomatic Relations.
of the sending State for the purposes of the
mission;
b) As counsel of defendant Adams, argue
for the dismissal of the complaint. (b) An action relating to succession in
SUGGESTED ANSWER which the diplomatic agent is invoked as
As counsel for Adams, I would argue executor, administrator, heir or legatee as a
that he worked for the United States private person and not on behalf of the sending
Drug Enforcement Agency and was State;
tasked to conduct surveillance of
(c) An action relating to any
suspected drug activities within the
professional or commercial activity exercised by
country with the approval of the
the diplomatic agent in the receiving State
Philippine government. Under the
outside his official functions.
doctrine of State Immunity from Suit, if
the acts giving rise to a suit are those of On the other hand, under Article 41 of
a foreign government done by its the Vienna Convention on Consular Relations,
foreign agent, although not necessarily a consular officer does not enjoy Immunity from
a diplomatic personage, but acting in the Criminal jurisdiction of the receiving State.
his official capacity, the complaint could Under Article 43 of the Vienna Convention on
be barred by the immunity of the foreign Consular Relations, consular officers are not
sovereign from suit without its consent. amenable to the Jurisdiction of the Judicial or
Adams may not be a diplomatic agent administrative authorities of the receiving State
but the Philippine government has given in respect of acts performed in the exercise of
its imprimatur, if not consent, to the consular functions. However, this does not
activities within Philippine territory of apply in respect of a civil action either:
Adams and thus he is entitled to the
(a) arising out of a contract concluded
defense of state immunity from suit.
by a consular officer in which he did not
(Minucher v. CA, G.R. No. 142396,
contract expressly or impliedly as an agent of
February 11, 2003)
the sending State; or
Diplomatic Immunity; Diplomatic Envoy and (b) by a third party for damage arising
Consular Officers (1995) from an accident in the receiving State caused
by a vehicle, vessel, or aircraft.
No. 3:
1. Discuss the differences, if any, in the
privileges or immunities of diplomatic envoys SUGGESTED ANSWER:
and consular officers from the civil or criminal
2. No, he may not claim immunity from the
jurisdiction of the receiving state.
jurisdiction of the local court. Under Article 41 of
2. A consul of a South American country the Vienna Convention of Consular Relations,
stationed in Manila was charged with serious consuls do not enjoy immunity from the criminal
physical injuries. May he claim Immunity from Jurisdiction of the receiving State. He is not
jurisdiction of the local court? Explain. liable to arrest or detention pending trial unless
the offense was committed against his father,
mother, child, ascendant, descendant or was held that a consul is not exempt from
spouse. Consuls are not liable to arrest and criminal prosecution in the country where he is
detention pending trial except in the case of a assigned. However, as secretary in the
grave crime and pursuant to a decision by the American Embassy, X enjoys diplomatic
competent judicial authority. The crime of immunity from criminal prosecution As
physical Injuries is not a grave crime unless it secretary, he is a diplomatic agent. Under
be committed against any of the above- Paragraph 1 of Article 31 of the Vienna
mentioned persons. (Schneckenburger v. Convention on Diplomatic Relations, a
Moran 63 Phil. 249). diplomatic agent enjoys immunity from the
criminal jurisdiction of the receiving State.
Exclusive Economic Zone (2000)
SUGGESTED ANSWER:
No XIX. b) What is the concept of the
3. Yes, the case should be dismissed. Under
exclusive economic zone under the UN
Article 40 of the Vienna Convention on
Convention on the Law of the Sea? (2%)
Diplomatic Relations, if a diplomatic agent is in
the territory of a third State, which has granted SUGGESTED ANSWER:
him a passport visa if such visa was necessary,
b) The exclusive economic zone under the
while proceeding to take up his post, the third
Convention on the Law of the Sea is an area
State shall accord him inviolability and such
beyond and adjacent to the territorial sea, which
other immunities as may be required to ensure
shall not extend beyond 200 nautical miles from
his transit.
the baselines from which the territorial sea is
measured. The coastal State has in the
exclusive economic zone:
Diplomatic Immunity; Diplomatic Envoy and
Consular Officers (1997) (a) Sovereign rights for the purpose of
exploring and exploiting, conserving and
No 19: X, a Secretary and Consul in the
managing the natural resources, whether living
American Embassy in Manila, bought from B a
or non-living, if the waters superjacent to the
diamond ring in the amount of P50,000.00
sea-bed and of the seabed and subsoil, and
which he later gave as a birthday present to his
with regard to other activities for the economic
Filipino girlfriend. The purchase price was paid
exploitation and exploration of the zone, such
in check drawn upon the Citibank. Upon
as the production of energy from the water,
presentment for payment, the check was
currents and winds;
dishonored for insufficiency of funds. Because
of X's failure to make good the dishonored (b) Jurisdiction as provided in the
check, B filed a complaint against X in the relevant provisions of the Convention with
Office of the City Prosecutor of Manila for regard to:
violation of Batas Pambansa Big. 22. After
(i) the establishment and use of
preliminary investigation, the information was
artificial islands, installations and
filed against X in the City Court of Manila. X
structures;
filed a motion to dismiss the case against him
on the ground that he is a Secretary and Consul (ii) marine scientific research;
in the American Embassy enjoying diplomatic and
immunity from criminal prosecution in the
(iii) the protection and
Philippines.
preservation of the marine environment;
If you were the Judge, how would you resolve
the motion to dismiss?
(c) Other rights and duties provided
SUGGESTED ANSWER:
form the Convention. [Article 56 of the
If I were the Judge, I would grant the motion to Convention of the Law of the Sea.)
dismiss.
As consul, X is not immune from criminal
Executive Agreements; Binding Effect
prosecution. Under Paragraph 3 of Article 41 of
(2003)
the Vienna Convention on Consular Relations,
a consular officer is not immune from the No XX An Executive Agreement was executed
criminal jurisdiction of the receiving state. In between the Philippines and a neighboring
Schneckenburger vs. Moron, 63 Phil. 249, it State. The Senate of the Philippines took it
upon itself to procure a certified true copy of the No. 10: 2) Patrick is charged with illegal
Executive Agreement and, after deliberating on recruitment and estafa before the RTC of
it, declared, by a unanimous vote, that the Manila. He jumped bail and managed to escape
agreement was both unwise and against the to America. Assume that there is an extradition
best interest of the country. Is the Executive treaty between the Philippines and America and
Agreement binding (a) from the standpoint of it does not include illegal recruitment as one of
Philippine law and (b) from the standpoint of the extraditable offenses. Upon surrender of
international law? Explain Patrick by the U.S. Government to the
Philippines, Patrick protested that he could not
SUGGESTED ANSWER:
be tried for illegal recruitment. Decide.
(a) As to Philippine law, the Executive
SUGGESTED ANSWER:
Agreement is binding....
2) Under the principle of specialty in extradition,
(b) The Executive Agreement is also binding
Patrick cannot be tried for illegal recruitment,
from the standpoint of international law. As held
since this is not included in the list of
in Bavan v. Zamora. 342 SCRA 449 [2000], in
extraditable offenses in the extradition treaty
international law executive agreements are
between the Philippines and the United States,
equally binding as treaties upon the States who
unless the United States does not object to the
are parties to them. Additionally, under Article
trial of Patrick for Illegal recruitment.
2{1)(a) of the Vienna Convention on the Law of
Treaties, whatever may be the designation of a
written agreement between States, whether it is
Extradition; Effectivity of treaty (1996)
indicated as a Treaty, Convention or Executive
Agreement, is not legally significant. Still it is No. 6; 1) The Extradition Treaty between
considered a treaty and governed by the France and the Philippines is silent as to its
international law of treaties. applicability with respect to crimes committed
prior to its effectivity.
a) Can France demand the
Extradition vs. Deportation (1993)
extradition of A, a French national residing in
No. 10: 1) What is the difference if any between the Philippines, for an offense committed in
extradition and deportation? France prior to the effectivity of the treaty?
Explain.
SUGGESTED ANSWER:
b) Can A contest his extradition on
1) The following are the differences between
the ground that it violates the ex post facto
extradition and deportation:
provision of the Philippine Constitution?
a. EXTRADITION is effected for the Explain.
benefit of the state to which the person being
SUGGESTED ANSWER:
extradited will be surrendered because he is a
fugitive criminal in that state, while 1. a) Yes, France can ask for the extradition of
DEPORTATION is effected for the protection of A for an offense committed in France before the
the State expelling an alien because his effectivity of the Extradition Treaty between
presence is not conducive to the public good. France and the Philippines. In Cleugh vs.
Strakosh. 109 F2d 330, it was held that an
b. EXTRADITION is effected on the
extradition treaty applies to crimes committed
basis of an extradition treaty or upon the
before its effectivity unless the extradition treaty
request of another state, while DEPORTATION
expressly exempts them. As Whiteman points
is the unilateral act of the state expelling an
out, extradition does not define crimes but
alien.
merely provides a means by which a State may
c. In EXTRADITION, the alien will be obtain the return and punishment of persons
surrendered to the state asking for his charged with or convicted of having committed
extradition, while in DEPORTATION the a crime who fled the jurisdiction of the State
undesirable alien may be sent to any state whose law has been violated. It is therefore
willing to accept him. immaterial whether at the time of the
commission of the crime for which extradition is
sought no treaty was in existence. If at the time
Extradition; Doctrine of Specialty (1993) extradition is requested there is in force
between the requesting and "the requested
States a treaty covering the offense on which
the request is based, the treaty is applicable. the plan of John to assassinate President Harry
(Whiteman, Digest of International Law, Vol. 6, was part of such plan. However, if the
pp. 753-754.) extradition treaty contains an attentat clause,
Republic A can extradite John, because under
b) No, A cannot contest his extradition on the
the attentat clause, the taking of the life or
ground that it violates the ex post facto
attempt against the life of a head of state or that
provision of the Constitution. As held in Wright
of the members of his family does not constitute
vs. Court of Appeals, 235 SCRA 341, the
a political offense and is therefore extraditable.
prohibition against ex post facto laws in Section
22, Article III of the Constitution applies to penal FIRST ALTERNATIVE ANSWER:
laws only and does not apply to extradition
Republic A may or can refuse the request of
treaties.
extradition of William because he is not in its
territory and thus it is not in the position to
deliver him to Republic X.
Extradition; Grounds (2002)
Even if William were in the territorial jurisdiction
No XVIII. John is a former President of the
of Republic A, he may not be extradited
Republic X, bent on regaining power which he
because inciting to sedition, of which he is
lost to President Harry in an election. Fully
charged, constitutes a political offense. It is a
convinced that he was cheated, he set out to
standard provision of extradition treaties, such
destabilize the government of President Harry
as the one between Republic A and Republic X,
by means of a series of protest actions. His
that political offenses are not extraditable.
plan was to weaken the government and, when
the situation became ripe for a take-over, to SECOND ALTERNATIVE ANSWER:
assassinate President Harry.
Republic B can deny the request of Republic X
William, on the other hand, is a believer to extradite William, because his offense was
in human rights and a former follower of not a political offense. On the basis of the
President Harry. Noting the systematic acts of predominance or proportionality test his acts
harassment committed by government agents were not directly connected to any purely
against farmers protesting the seizure of their political offense.
lands, laborers complaining of low wages, and
students seeking free tuition, William organized
groups which held peaceful rallies in front of the Extradition; Retroactive Application (Q2-
Presidential Palace to express their grievances. 2005)
(1) The Philippines and Australia entered into a
On the eve of the assassination
Treaty of Extradition concurred in by the
attempt, John's men were caught by members
Senate of the Philippines on September 10,
of the Presidential Security Group. President
1990. Both governments have notified each
Harry went on air threatening to prosecute
other that the requirements for the entry
plotters and dissidents of his administration.
into force of the Treaty have been complied
The next day, the government charged John
with. It took effect in 1990.
with assassination attempt and William with
The Australian government is requesting
inciting to sedition.
the Philippine government to extradite its
John fled to Republic A. William, who citizen, Gibson, who has committed in his
was in Republic B attending a lecture on country the indictable offense of Obtaining
democracy, was advised by his friends to stay Property by Deception in 1985. The said
in Republic B. offense is among those enumerated as
extraditable in the Treaty.
Both Republic A and Republic B have
conventional extradition treaties with Republic
For his defense, Gibson asserts that the
X.
retroactive application of the extradition
If Republic X requests the extradition of John treaty amounts to an ex post facto law. Rule
and William, can Republic A deny the request? on Gibson's contention. (5%)
Why? State your reason fully. (5%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Gibson is incorrect. In Wright v. Court of
Republic A can refuse to extradite John, Appeals, G.R. No.113213, August 15,1994,
because his offense is a political offense. John it was held that the retroactive application of
was plotting to take over the government and the Treaty of Extradition does not violate
the prohibition against ex post facto laws, Europe before World War II) were exterminated
because the Treaty is neither a piece of by the Nazis. Along with the Jews, another 9 to
criminal legislation nor a criminal procedural 10 million people (Gypsies and Slavs) were
statute. It merely provided for the massacred. (WORLD ALMANAC 120 (40th ed.,
extradition of persons wanted for offenses 1987)).
already committed at the time the treaty
was ratified.
Human Rights (1999)
Flag State vs. Flag of Convenience (2004) 1999 No X - A. Give three multilateral
II-A. Distinguish briefly but clearly between: conventions on Human Rights adopted under
the direct auspices of the United Nations? (2%)
(3) The flag state and the flag of convenience.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
A. The following are multilateral conventions on
FLAG STATE means a ship has the nationality Human Rights adopted under the direct
of the flag of the state it flies, but there must be auspices of the United Nations:
a genuine link between the state and the ship.
(Article 91 of the Convention on the Law of the 1. International Covenant on Civil and Political
Sea.) Rights;
FLAG OF CONVENIENCE refers to a state with 2. Convention on the Elimination of All Forms
which a vessel is registered for various reasons of Discrimination against Women;
such as low or non-existent taxation or low 3. Convention on the Rights of the Child;
operating costs although the ship has no
genuine link with that state. (Harris, Cases and 4. Convention against Torture and Other
Materials on International Law, 5th ed., 1998, p. Cruel, Inhuman or Degrading Treatment or
425.) Punishment;
5. International Convention on the Elimination
of All Forms of Racial Discrimination;
Genocide (1988)
6. Convention on the Prevention and
What is "Genocide," and what is the foremost Punishment of the Crime of Genocide; and
example thereof in recent history?
7. International Convention on Economic,
SUGGESTED ANSWER: Social, and Cultural Rights
"Genocide" refers to any of the following acts,
whether committed in time of war or peace, with
intent to destroy in whole or in part national, Human Rights; Civil and Political Rights
ethnic, racial or religious group: (1992)
(a) Killing members of a group; No. 15: Walang Sugat, a vigilante group
composed of private businessmen and civic
(b) Causing bodily or mental harm to its leaders previously victimized by the Nationalist
members; Patriotic Army (NPA) rebel group, was
(c) Deliberately inflicting on the group implicated in the torture and kidnapping of Dr.
conditions of life calculated to bring Mengele, a known NPA sympathizer.
about its physical destruction in whole a) Under public international law, what rules
or in part; properly apply? What liabilities, if any, arise
(d) Imposing measures to prevent births thereunder if Walang Sugat's involvement is
within the group; and confirmed.
(e) Forcibly transforming children of the b) Does the Commission on Human Rights
group to another group. (J. SALONGA have the power to investigate and adjudicate
& P. YAP, PUBLIC INTERNATIONAL the matter?
LAW 399-400 (1966)). SUGGESTED ANSWER:
a) On the assumption that Dr. Mengele is a
The foremost example of genocide is the foreigner, his torture violates the International
Holocaust (1933-1945) where about 6 million Covenant on Civil and Political Rights, to which
Jews (two thirds of the Jewish population of the Philippine has acceded. Article 7 of the
Covenant on Civil and Political Rights provides: b) Can only investigate, no power of
"No one shall be subjected to torture or to cruel, adjudication
inhuman or degrading treatment or
punishment."
Human Rights; Civil and Political Rights
In accordance with Article 2 of the Covenant on (1996)
Civil and Political Rights, it is the obligation of
1996 No. 1: 1) Distinguish civil rights from
the Philippines to ensure that Dr. Mengele has
political rights and give an example of each
an effective remedy, that he shall have his right
right.
to such a remedy determined by competent
authority, and to ensure the enforcement of 2) What are the relations of civil and political
such remedy when granted. rights to human rights? Explain.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
On the assumption that Dr. Mengele is a 1) The term "CIVIL RIGHTS" refers to the rights
foreigner, his claim will have to be directed secured by the constitution of any state or
against the members of Walang Sugat on the country to all its Inhabitants and not connected
basis of the Philippine law and be addressed to with the organization or administration of
the jurisdiction of Philippine courts. His claim government, [Black, Handbook of American
may be based on the generally accepted Constitutional Law, 4th ed., 526.) POLITICAL
principles of international law, which form part RIGHTS consist in the power to participate,
of Philippine law under Section 2, Article II of directly or indirectly, in the management of the
the Constitution. His claim may be premised on government. Thus, civil rights have no relation
relevant norms of international law of human to the establishment, management or support of
rights. the government. (Anthony vs. Burrow, 129 F
783).
Under international law, Dr. Mengele must first
exhaust the remedies under Philippine law CIVIL RIGHTS defines the relations of
before his individual claim can be taken up by individual amongst themselves while
the State of which he is a national unless the POLITICAL RIGHTS defines the relations of
said State can satisfactorily show it is its own Individuals vis-a-vis the state. CIVIL RIGHTS
interests that are directly injured. If this extend protection to all inhabitants of a state,
condition is fulfilled, the said State's claim will while POLITICAL RIGHTS protect merely its
be directed against the Philippines as a subject citizens.
of international law. Thus it would cease to be
an individual claim of Dr. Mengele. Examples of civil rights are the rights against
involuntary servitude, religious freedom, the
Dr. Mengele's case may concern international guarantee against unreasonable searches and
law norms on State responsibility. But the seizures, liberty of abode, the prohibition
application of these norms require that the against imprisonment for debt, the right to
basis of responsibility is the relevant acts that travel, equal protection, due process, the right
can be attributed to the Philippines as a State. to marry, right to return to this country and right
to education.
Hence, under the principle of attribution it is
necessary to show that the acts of the vigilante Examples of political rights are the right of
group Walang Sugat can be legally attributed to suffrage, the right of assembly, and the right to
the Philippines by the State of which Dr. petition for redress of grievances.
Mengele is a national.
The application of treaty norms of international 2) Human rights are broader in scope than civil
law on human rights, such as the provision and political rights. They also include social,
against torture in the International Covenants in economic, and cultural rights. Human rights are
Civil and Political Rights pertain to States. The inherent in persons from the fact of their
acts of private citizens composing Walang humanity. Every man possesses them
Sugat cannot themselves constitute a violation everywhere and at all times simply because he
by the Philippines as a State. is a human being. On the other hand, some civil
and political rights are not natural rights. They
SUGGESTED ANSWER:
exist because they are protected by a
constitution or granted by law. For example, the 1) If Nova and Ameria are members of the
liberty to enter into contracts is not a human United Nations, Nova can premise its cause of
right but is a civil right. action on a violation of Article 2(4) of the United
Nations Charter, which requires members to
refrain from the threat or use of force ...
Int’l Court of Justice; Jurisdiction Over
2) By virtue of the principle of sovereign
States
immunity, no sovereign state can be made a
1994 No. 20: The sovereignty over certain party to a proceeding before the International
islands is disputed between State A and State Court of Justice unless it has given its consent.
B. These two states agreed to submit their If Ameria has not accepted the Jurisdiction of
disputes to the International Court of Justice the International Court of Justice. Ameria can
[ICJ]. invoke the defense of lack of jurisdiction. Even
if Ameria has accepted the jurisdiction of the
1) Does the ICJ have jurisdiction to take
court but the acceptance is limited and the
cognizance of the case?
limitation applies to the case, it may invoke
2) Who shall represent the parties before the such limitation its consent as a bar to the
Court? assumption of jurisdiction.
SUGGESTED ANSWER: If jurisdiction has been accepted,
Ameria can invoke the principle of
1) The International Court of Justice has
anticipatory self-defense, recognized under
jurisdiction over the case, because the parties
customary international law, because Nova is
have jointly submitted the case to it and have
planning to launch an attack against Ameria by
thus indicated their consent to its jurisdiction.
using the arms it bought from Bresia.
2) Parties to a case may appoint agents to
3) If jurisdiction over Ameria is
appear before the International Court of Justice
established, the case should be decided in
in their behalf, and these agents need not be
favor of Nova, .... if jurisdiction over Ameria is
their own nationals. However, under Article 16
not established, the case should be decided in
of the Statutes of the International Court of
favor of Ameria because of the principle of
Justice, no member of the court may appear as
sovereign immunity.
agent in any case.
Int’l Court of Justice; Limitations On

Int’l Court of Justice; Jurisdiction Over
Jurisdiction (1999)
States (1994)
No X - B. Under its Statute, give two
No. 19; The State of Nova, controlled by an
limitations on the jurisdiction of the International
authoritarian government, had unfriendly
Court of Justice? (2%)
relations with its neighboring state, America.
Bresla, another neighboring state, had been SUGGESTED ANSWER:
shipping arms and ammunitions to Nova for use
B. The following are the limitations on the
in attacking Ameria.
jurisdiction of the International Court of Justice
To forestall an attack, Ameria placed under its Statute:
floating mines on the territorial waters
1. Only states may be parties in cases before
surrounding Nova. Ameria supported a group of
it. (Article 34)
rebels organized to overthrow the government
of Nova and to replace it with a friendly 2. The consent of the parties is needed for the
government. court to acquire jurisdiction over a case.
(Article 36)
Nova decided to file a case against
Ameria in the International Court of Justice
1) On what grounds may Nova's causes of Int’l Court of Justice; Parties; Pleadings and
action against Ameria be based? Oral Argument (1994)
2) On what grounds may Ameria move to No. 20: The sovereignty over certain islands is
dismiss the case with the ICJ? disputed between State A and State B. These
two states agreed to submit their disputes to the
Decide the case.
International Court of Justice [ICJ].
SUGGESTED ANSWER:
3) What language shall be used in the 1. Where is the seat of the International
pleadings and oral argument? Court of Justice? 11%)
The seat of the International Court of
4) In case State A, the petitioner, falls
Justice is at the Hague or elsewhere, as it
to appear at the oral argument, can State B, the
may decide, except during the judicial
respondent, move for the dismissal of the
vacations the dates and duration of which
petition?
it shall fix (I.C.J. Statute, Art. 22).
SUGGESTED ANSWER:
2. How many are its members? (1%)
3) Under Article 39 of the Statutes of the
The Court is composed of fifteen members
International Court of Justice, the official
who must be of high moral character and
languages of the court are English and French.
possess the qualifications required in their
In the absence of an agreement, each party
respective countries for appointment to the
may use the language it prefers. At the request
highest judicial office or are jurisconsults
of any party, the court may authorize a party to
of recognized competence in international
use a language other than English or French.
law (I.C.J. Statute, Art. 2).
4) Under Article 53 of the Statutes of the
International Court of Justice, whenever one of 3. What is the term of their office? (1%)
the parties does not appear before the court or They are elected for a term of nine years,
fails to defend its case, the other party may ask staggered at three-year intervals by
the court to decide in favor of its claim. dividing the judges first elected into three
However, the court must, before doing so, equal groups and assigning them by
satisfy itself it has Jurisdiction and that the lottery terms of three, six and nine years
claim is well founded in fact and law. respectively. Immediate re-election is
allowed (I.C.J. Statute, Art. 13).
International Convention; Law of the Sea 4. Who is its incumbent president? (1%)
(2004) The incumbent President is Rosalyn
(2-b) En route to the tuna fishing grounds in the Higgins.
Pacific Ocean, a vessel registered in Country
TW entered the Balintang Channel north of 5. What is his/her nationality? (1 %)
Babuyan Island and with special hooks and She is a national of the United Kingdom or
nets dragged up red corals found near Batanes. a British subject.
By international convention certain corals are (NOTE: Since questions IX(4) and IX(5) do
protected species, just before the vessel not test the examinees' knowledge of the
reached the high seas, the Coast Guard patrol law, it is suggested that they be
intercepted the vessel and seized its cargo disregarded)
including tuna. The master of the vessel and
the owner of the cargo protested, claiming the 6. In 1980, the United States filed with the
rights of transit passage and innocent passage, International Court of Justice a complaint
and sought recovery of the cargo and the against Iran alleging that the latter is
release of the ship. Is the claim meritorious or detaining American diplomats in violation
not? Reason briefly. (5%) of International Law. Explain how the
International Court of Justice can acquire
SUGGESTED ANSWER; jurisdiction over these contending
The claim of innocent passage is not countries. (5%)
meritorious. While the vessel has the right of Under Article 36 of the I.C.J. Statutes,
innocent passage, it should not commit a both parties must agree to submit
violation of any international convention. The themselves to the jurisdiction of the
vessel did not merely navigate through the International Court of Justice.
territorial sea, it also dragged red corals in
violation of the international convention which International Law vs. Municipal Law;
protected the red corals. This is prejudicial to Territorial Principle; International Crimes
the good order of the Philippines. (Article 19(2) (Q2-2005)
of the Convention on the Law of the Sea) (2) Police Officer Henry Magiting of the
Narcotics Section of the Western Police
International Court of Justice (Q9-2006) District applied for a search warrant in the
Regional Trial Court of Manila for violation
of Section 11, Article II (Possession of order to establish probable cause, as
Prohibited Drugs) of Republic Act (R.A.) required by Sections 3 and 4 of Rule 126.
No. 9165 (Comprehensive Dangerous In any event, there is no showing that the
Drugs Act of 2002) for the search and requisite quantum of probable cause was
seizure of heroin in the cabin of the Captain established by mere reference to the
of the MSS Seastar, a foreign-registered affidavits and other documentary evidence
vessel which was moored at the South presented.
Harbor, Manila, its port of destination.
Mandates and Trust Territories (2003)
Based on the affidavits of the applicant's
No XVII - What are the so-called Mandates and
witnesses who were crew members of the
Trust Territories? Does the United Nations
vessel, they saw a box containing ten (10)
exercise sovereignty over these territories? In
kilograms of heroin under the bed in the
the affirmative, how is this jurisdiction
Captain's cabin. The RTC found probable
exercised?
cause for the issuance of a search warrant;
nevertheless, it denied the application on SUGGESTED ANSWER:
the ground that Philippine courts have no
The Mandates were the overseas
criminal jurisdiction over violations of R.A.
possessions of the defeated states of Germany
No. 9165 committed on foreign-registered
and Turkey which were placed by the League of
vessels found in Philippine waters.
Nations under the administration of
mandatories to promote their development and
Is the ruling of the court correct? Support
ultimate independence. (Harris, Cases and
your answer with reasons. (5%)
Materials on International Law, 5th ed., p. 131.)
When the United Nations replaced the League
ALTERNATIVE ANSWER:
of Nations, the system of Mandates was
The court's ruling is not correct. The
replaced by the System of Trust Territories. The
foreign-registered vessel was not in transit.
United Nations exercised residuary sovereignty
It was moored in South Harbor, Manila, its
over the Trust Territories through the Trustee
port of destination. Hence, any crime
Powers, who exercised the powers of
committed on board said vessel, like
sovereignty subject to supervision by and
possession of heroin, is triable by our
accountability to the United Nations.
courts (U.S. v. Ah Sing, G.R. No. 13005,
(Oppenheim-Lauterpacht, International Law,
October 10, 1917), except if the crime
Vol. I, 7th ed., pp. 213-214.) (Since there are no
involves the internal management of the
more Trust Territories, this is just a matter of
vessel.
historical interest.)
ALTERNATIVE ANSWER: ALTERNATIVE ANSWER:
The RTC may assert its jurisdiction over the
Mandates pertains to the mandate
case by invoking the territorial principle,
system established under Article 22 of the
which provides that crimes committed
Covenant of the League of Nations for the
within a state's territorial boundaries and
tutelage and guardianship of colonies and
persons within that territory, either
territories formerly held by Germany and Turkey
permanently or temporarily, are subject to
before the First World War, by a victorious
the application of local law. Jurisdiction may
power on behalf of the League of Nations until
also be asserted on the basis of the
they were prepared for independence.
universality principle, which confers upon all
Territories under mandate were not under the
states the right to exercise jurisdiction over
sovereignty of any State; they were
delicta juris gentium or international crimes,
administered by a mandatory power which was
such as the international traffic narcotics.
responsible to the League of Nations for the
The possession of 10 kgs. of heroin
development and welfare of the disadvantaged
constitutes commercial quantity and
subject peoples towards independence. Thus,
therefore qualifies as trafficking of
mandated territories were under the jurisdiction
narcotics.
of the mandatory power, subject to the
supervision of the League of Nations.
Consequently, the denial of the search
warrant should have been anchored on the The general legal framework of the
failure of the court to conduct personal mandate system passed into the trusteeship
examination of the witnesses to the crime in system of the United Nations, together with
mandated territories which did not attain it is Philippine courts that will decide the case,
independence status by the end of the Second they will uphold the Constitution over
World War. Trust territories and the Trusteeship international law. If it is an international tribunal
Council are created by the UN Charter. that will decide the case, it will uphold
international law over municipal law. As held by
The trusteeship system under Chapters
the Permanent International Court of Justice in
XII and XIII of the UN Charter is established
the case of the Polish Nationals in Danzig, a
under the supervision of the UN Trusteeship
State cannot invoke its own Constitution to
Council under the authority of the General
evade obligations incumbent upon it under
Assembly for the promotion of political and
international law.
socio-economic development of peoples in trust
territories towards independent status. A new ALTERNATIVE ANSWER
feature of the UN trusteeship system is the
I would take the proposition assigned to
creation of a new category of territories, the
Team "C" as being nearer to the legal reality in
strategic trust territories, which is under the
the Philippines, namely, "A country's
supervision of the Security Council instead of
Constitution prevails over international law but
the Trusteeship Council.
international law prevails over municipal
Under the foregoing conditions, the statutes".
United Nations may not be said to exercise
This is, however, subject to the place of
sovereignty over trust territories, the functions
international law in the Philippine Constitutional
and powers of the Trusteeship Council and the
setting in which treaties or customary norms in
General Assembly being limited to
international law stand in parity with statutes
administration and supervision under the
and in case of irreconcilable conflict, this may
principle of self-determination as set forth in
be resolved by /ex posteriori derogat lex priori
individual trust agreements concluded in
as the Supreme Court obiter dictum in Abbas v.
accordance with the UN Charter. UN
COMELEC holds. Hence, a statute enacted
jurisidiction is exercised through the
later than the conclusion or effectivity of a treaty
Trusteeship Council under the authority of the
may prevail.
General Assembly, except with respect to
strategic areas or territories which are placed In the Philippine legal system, there are
under the jurisdiction of the Security Council. no norms higher than constitutional norms. The
fact that the Constitution makes generally
Municipal Law vs. International Law (2003)
accepted principles of international law or
No XVI- An organization of law students conventional international law as part of
sponsored an inter-school debate among three Philippine law does not make them superior to
teams with the following assignments and statutory law, as clarified in Secretary of Justice
propositions for each team to defend: v. Lantion and Philip Morris decisions.
Team "A" - International law prevails Neutrality of States (1988)
over municipal law. Team "B" - Municipal law
No. 20: Switzerland and Australia are
prevails over international law. Team "C" - A
outstanding examples of neutralized states,
country's Constitution prevails over international
law but international law prevails over municipal 1. What are the characteristics of a
statutes. neutralized state?
If you were given a chance to choose the 2. Is neutrality synonymous with
correct proposition, which would you take and neutralization? If not, distinguish one from the
why? other.
I shall take the proposition for Team C. 1. Whether simple or composite, a State is said
International Law and municipal law are to be neutralized where its independence and
supreme in their own respective fields. Neither integrity are guaranteed by an international
has hegemony over the other. (Brownlie, convention on the condition that such State
Principles of Public International Law, 4th ed. p. obligates itself never to take up arms against
157.) Under Article II, Section 2 of the 1987 any other State, except for self-defense, or
Constitution, the generally accepted principles enter into such international obligations as
of international law form part of the law of the would indirectly involve it in war. A State seeks
land. Since they merely have the force of law, if neutralization where it is weak and does not
wish to take an active part in international Outer space in this estimate begins from the
politics. The power that guarantee its lowest altitude an artificial satellite can remain
neutralization may be motivated either by in orbit. Under the Moon Treaty of 1979 the
balance of power considerations or by the moon and the other celestial bodies form part of
desire to make the weak state a buffer between outer space.
the territories of the great powers. (J.
In outer space, the space satellites or objects
SALONGA & P. YAP, PUBLIC
are under the jurisdiction of States of registry
INTERNATIONAL LAW 76 (1966)).
which covers astronauts and cosmonauts. This
2. Firstly, neutrality obtains only during matter is covered by the Registration of Objects
war, whereas neutralization is a condition that in Space Convention of 1974 and the Liability
applies in peace or in war. Secondly, for Damage Caused by Spaced Objects
neutralization is a status created by means of Convention of 1972.
treaty, whereas neutrality is a status created
Principle of Auto-Limitation (Q10-2006)
under international law, by means of a stand on
1. What is the principle of auto-limitation?
the part of a state not to side with any of the
(2.5%)
parties at war. Thirdly, neutrality is brought
ALTERNATIVE ANSWER:
about by a unilateral declaration by the neutral
Under the principle of auto-limitation, any
State, while neutralization cannot be effected by
state may by its consent, express or
unilateral act, but must be recognized by other
implied, submit to a restriction of its
States. (Id.)
sovereign rights. There may thus be a
Outer Space; Jurisdiction (2003) curtailment of what otherwise is a plenary
power (Reagan v. CIR, G.R. L-26379,
No XIX - What is outer-space? Who or which
December 27, 1969).
can exercise jurisdiction over astronauts while
in outer space?
Reciprocity v. Principle of Auto-Limitation
ALTERNATIVE ANSWER: (Q10-2006)
2. What is the relationship between
There are several schools of thought regarding
reciprocity and the principle of auto-
the determination of outer space, such as the
limitation? (2.5%)
limit of air flight, the height of atmospheric
ALTERNATIVE ANSWER:
space, infinity, the lowest altitude of an artificial
When the Philippines enters into treaties,
satellite, and an altitude approximating
necessarily, these international
aerodynamic lift. Another school of thought
agreements may contain limitations on
proceeds by analogy to the law of the sea. It
Philippine sovereignty. The consideration
proposes that a State should exercise full
in this partial surrender of sovereignty is
sovereignty up to the height to which an aircraft
the reciprocal commitment of other
can ascend. Non-militant flight instrumentalities
contracting states in granting the same
should be allowed over a second area, a
privilege and immunities to the Philippines.
contiguous zone of 300 miles. Over that should
For example, this kind of reciprocity in
be outer space. The boundary between
relation to the principle of auto-limitation
airspace and outer space has not yet been
characterizes the Philippine commitments
defined. (Harris, Cases and Materials on
under WTO-GATT. This is based on the
International Law, 5th ed.. pp. 251-253.) Under
constitutional provision that the Philippines
Article 8 of the Treaty on the Principles
"adopts the generally accepted principles
Governing the Activities of States in the
of international law as part of the law of
Exploration and Use of Outer Space, Including
the land and adheres to the policy of ...
the Moon and Other Celestial Bodies, a State
cooperation and amity with all nations"
on whose registry an object launched into outer
(Tanada v. Angara, G.R. No. 118295, May
space retains jurisdiction over the astronauts
2, 1997).
while they are in outer space.
ALTERNATIVE ANSWER:
Outer space is the space beyond the airspace
Recognition of States; De Facto vs. De Jure
surrounding the Earth or beyond the national
Recognition (1998)
airspace. In law, the boundary between outer
space and airspace has remained No XII. Distinguish between de facto
undetermined. But in theory, this has been recognition and de jure recognition of states.
estimated to be between 80 to 90 kilometers. [5%)
SUGGESTED ANSWER: various parts of Asia. The Japanese
Government has accordingly launched a
The following are the distinctions between de
goodwill campaign and has offered the
facto recognition and de Jure recognition of a
Philippine Government substantial assistance
government:
for a program that will promote — through
1. De facto recognition is provisional, de Jure government and non-governmental
recognition is relatively permanent; organizations — womens' rights, child welfare,
nutrition and family health care.
2. De facto recognition does not vest title in
the government to its properties abroad; de An executive agreement is about to be
Jure recognition does; signed for that purpose. The agreement
includes a clause whereby the Philippine
3. De facto recognition is limited to certain
Government acknowledges that any liability to
juridical relations; de jure recognition brings
the "comfort women" or their descendants are
about full diplomatic relations. (Cruz.
deemed covered by the reparations
International Law. 1996 ed.. p. 83.)
agreements signed and implemented
ALTERNATIVE ANSWER: immediately after the Second World War.
The distinction between de facto Juliano Iglesias, a descendant of a now
recognition and de jure recognition of a State is deceased comfort woman, seeks your advice
not clear in international law. It is, however, on the validity of the agreement. Advise him.
usually assumed as a point of distinction that
SUGGESTED ANSWER:
while de facto recognition is provisional and
hence may be withdrawn, de jure recognition is The agreement is valid. The comfort women
final and cannot be withdrawn. and their descendants cannot assert individual
claims against Japan. As stated in Davis &
Confronted with the emergence of a
Moore vs. Regan, 453 U.S. 654, the sovereign
new political entity in the international
authority of a State to settle claims of its
community, a State may experience some
nationals against foreign countries has
difficulty in responding to the question whether
repeatedly been recognized. This may be made
the new political order qualifies to be regarded
without the consent of the nationals or even
as a state under international law, in particular
without consultation with them. Since the
from the viewpoint of its effectiveness and
continued amity between a State and other
independence on a permanent basis. The
countries may require a satisfactory
recognizing State may consider its act in regard
compromise of mutual claims, the necessary
to the new political entity as merely a de facto
power to make such compromises has been
recognition, implying that it may withdraw it if in
recognized. The settlement of such claims may
the end it turns out that the conditions of
be made by executive agreement.
statehood are not fulfilled should the new
authority not remain in power. Right to Innocent Passage (1999)
But even then, a de facto recognition in No X - C. State Epsilon, during peace time,
this context produces legal effects in the same has allowed foreign ships innocent passage
way as de jure recognition. Whether recognition through Mantranas Strait, a strait within
is de facto or de jure, steps may be taken to Epsilon's territorial sea which has been used by
withdraw recognition if the conditions of foreign ships for international navigation. Such
statehood in international law are not fulfilled. passage enabled the said ships to traverse the
Thus, from this standpoint, the distinction is not strait between one part of the high seas to
legally significant. another. On June 7, 1997, a warship of State
Beta passed through the above-named strait.
Note: The question should refer to recognition
Instead of passing through continuously and
of government not recognition of state because
expeditiously, the ship delayed its passage to
there is no such distinction in recognition of
render assistance to a ship of State Gamma
state.
which was distressed with no one nearby to
assist. When confronted by Epsilon about the
Reparations Agreement; Validity (1992) delay, Beta explained that the delay was due to
No. 14: The Japanese Government confirmed force majeure in conformity with the provision of
that during the Second World War, Filipinas Article 18(2) of the 1982 Convention on the Law
were among those conscripted as "comfort of the Sea (UNCLOS). Seven months later,
women" (or prostitutes) for Japanese troops in Epsilon suspended the right of innocent
passage of warships through Mantranas Strait Batanes. By international convention certain
without giving any reason therefor. corals are protected species. Just before the
Subsequently, another warship of Beta passed vessel reached the high seas, the Coast Guard
through the said strait, and was fired upon by patrol intercepted the vessel and seized its
Epsilon's coastal battery. Beta protested the cargo including tuna. The master of the vessel
aforesaid act of Epsilon drawing attention to the and the owner of the cargo protested, claiming
existing customary international law that the the rights of transit passage and innocent
regime of innocent passage (even of transit passage, and sought recovery of the cargo and
passage) is non-suspendable. Epsilon the release of the ship. Is the claim meritorious
countered that Mantranas Strait is not a or not? Reason briefly. (5%)
necessary route, there being another suitable SUGGESTED ANSWER;
alternative route. Resolve the above-mentioned The claim of innocent passage is not
controversy, Explain your answer. (4%) meritorious. While the vessel has the right of
innocent passage, it should not commit a
SUGGESTED ANSWER:
violation of any international convention. The
Assuming that Epsilon and Beta are parties to vessel did not merely navigate through the
the UNCLOS, the controversy maybe resolved territorial sea, it also dragged red corals in
as follows: violation of the international convention which
protected the red corals. This is prejudicial to
Under the UNCLOS, warships enjoy a
the good order of the Philippines. (Article 19(2)
right of innocent passage. It appearing that the
of the Convention on the Law of the Sea)
portion of Epsilon's territorial sea in question is
a strait used for international navigation,
Epsilon has no right under international law to
suspend the right of innocent passage. Article Rights and Obligation under UN Charter
45(2) of the UNCLOS is clear in providing that (1991)
there shall be no suspension of innocent No. 14: State X invades and conquers State Y.
passage through straits used for international The United Nations Security Council declares
navigation. the invasion and conquest illegal and orders an
On the assumption that the straits in international embargo against State X.
question is not used for international navigation, Subsequently, the same U.N. body adopts a
still the suspension of innocent passage by resolution calling for an enforcement action
Epsilon cannot be effective because against State X under Chapter VII of the U.N.
suspension is required under international law Charter. State Z, a U.N. member, religiously
to be duly published before it can take effect. complies with the embargo but refuses to take
There being no publication prior to the part in the enforcement action, sending a
suspension of innocent passage by Beta's medical mission instead of fighting troops to the
warship, Epsilon's act acquires no validity. troubled area.
Moreover, Epsilon's suspension of (a) Did State Z violate its obligations under the
innocent passage may not be valid for the U.N. Charter?
reason that there is no showing that it is (b) If so, what sanctions may be taken against
essential for the protection of its security. The it?
actuation of Beta's warship in resorting to
delayed passage is for cause recognized by the (c) If not, why not?
UNCLOS as excusable, i.e., for the purpose of ANSWER:
rendering assistance to persons or ship in
distress, as provided in Article 18(2) of the (a) No, State Z did not violate its
UNCLOS. Hence, Beta's warship complied with obligations under the United Nations Charter. It
the international law norms on right of innocent complied with the resolution calling for
passage. enforcement action against State X, because it
sent a medical team.
Right to Transit and Innocent Passage
(2004) (b) No sanctions may be taken against
II-B. En route to the tuna fishing grounds in State Z. because it did not violate its obligation
the Pacific Ocean, a vessel registered in under the United Nations Charter.
Country TW entered the Balintang Channel (c) Compliance with the resolution
north of Babuyan Island and with special hooks calling for enforcement action against Slate X
and nets dragged up red corals found near does not necessarily call for the sending of
fighting troops. Under Art 43 of the United procedures and a customary norm is the
Nations Charter, compliance with the call for product of the formation of general practice
enforcement action against State X has to be accepted as law.
made in accordance with a special agreement
By way of illustrating International Convention
with the Security Council and such agreement
as a source of law, we may refer to the principle
shall govern the numbers and types of forces,
embodied in Article 6 of the Vienna Convention
their degree of readiness and general locations,
on the Law of Treaties which reads: "Every
and the nature of the facilities and assistance to
State possesses capacity to conclude treaties".
be supplied by members of the United Nations.
It tells us what the law is and the process or
method by which it came into being.
Sources of International Law; Primary & International Custom may be concretely
Subsidiary Sources (2003) illustrated by pacta sunt servanda, a customary
No XV - State your general understanding of or general norm which came about through
the primary sources and subsidiary sources of extensive and consistent practice by a great
international law, giving an illustration of each. number of states recognizing it as obligatory.
SUGGESTED ANSWER: The subsidiary means serves as evidence of
law. A decision of the International Court of
Under Article 38 of the Statute of the Justice, for example, may serve as material
International Court of Justice, the PRIMARY evidence confirming or showing that the
SOURCES of international law are the prohibition against the use of force is a
following: customary norm, as the decision of the Court
1. International conventions, e.g., Vienna has demonstrated in the Nicaragua Case. The
Convention on the Law of Treaties. status of a principle as a norm of international
law may find evidence in the works of highly
2. International customs, e.g., sabotage, the qualified publicists in international law, such as
prohibition against slavery, and the McNair, Kelsen or Oppenheim.
prohibition against torture.
3. General principles of law recognized by Sovereign Immunity of States; Absolute vs.
civilized nations, e.g., prescription, res Restrictive (1998)
judicata, and due process. No XIII. What is the doctrine of Sovereign
immunity in international Law? [5%]
The SUBSIDIARY SOURCES of international SUGGESTED ANSWER:
law are judicial decisions, subject to the By the doctrine of sovereign immunity, a
provisions of Article 59, e.g., the decision in the State, its agents and property are immune from
Anglo-Norwegian Fisheries Case and the judicial process of another State, except
Nicaragua v. United States, and TEACHINGS with its consent. Thus, immunity may be waived
of the most highly qualified publicists of various and a State may permit itself to be sued in the
nations, e.g., Human Rights in International courts of another State,
Law by Lauterpacht and International Law by
Oppenhe im -Lauterpacht. Sovereign immunity has developed into
two schools of thought, namely, absolute
ALTERNATIVE ANSWER: immunity and restrictive immunity. By absolute
Reflecting general international law, Article immunity, all acts of a State are covered or
38(1) of the Statute of the International Court of protected by immunity. On the other hand,
Justice is understood as providing for restrictive immunity makes a distinction
international convention, international custom, between governmental or sovereign acts (acta
and general principles of law as primary jure imperii) and nongovernmental, propriety or
sources of international law, while indicating commercial acts (acta jure gestiones). Only the
that judicial decisions and teachings of the most first category of acts is covered by sovereign
highly qualified publicists as "subsidiary means immunity.
for the determination of the rules of law." The Philippine adheres to the restrictive
The primary sources may be considered as immunity school of thought.
formal sources in that they are the methods by ALTERNATIVE ANSWER;
which norms of international law are created
and recognized. A conventional or treaty norm
comes into being by established treaty-making
In United States vs. Ruiz, 136 SCRA 487. 490- 21 of the United Nations Conference on the
491. the Supreme Court explained the doctrine Human Environment imposes upon states the
of sovereign immunity in international law; responsibility to ensure that activities within
their jurisdiction or control do not cause
"The traditional rule of State immunity exempts
damage to the environment of other States.
a State from being sued in the courts of another
State without its consent or waiver, this rule is a
Sovereignty; Definition; Nature (Q10-2006)
necessary consequence of the principles of
3. How is state sovereignty defined in
independence and equality of states. However,
International Law? (2.5%)
the rules of International Law are not petrified,
ALTERNATIVE ANSWER:
they are constantly developing and evolving.
State sovereignty signifies independence
And because the activities of states have
in regard to a portion of the globe, and the
multiplied. It has been necessary to distinguish
right to exercise and enforce jurisdiction
them — between sovereign and government
therein, to the exclusion of any other state
acts [jure imperii] and private, commercial and
the functions of the state [See Island of
proprietary acts (jure gestionis), The result is
Las Palmas Case (US v. The Netherlands)
that State immunity now extends only to acts
2 R.IAA. 829]. Sovereignty means in-
jure imperii."
dependence from outside control. The
1933 Montevideo Convention expresses
Sovereignty of States; Natural Use of
this in positive terms as including "the
Territory (1989)
capacity to enter into relations with other
No. 19: The Republic of China (Taiwan), in its states."
bid to develop a hydrogen bomb and defend ALTERNATIVE ANSWER:
itself against threats of invasion coming from Under the principle of state sovereignty in
the People's Republic of China, conducted a International Law, all states are sovereign
series of secret nuclear weapons tests in its equals and cannot assert jurisdiction over
own atmosphere. The tests resulted in one another. A contrary disposition would
radioactive fallouts which contaminated the "unduly vex the peace of nations" (Da
rivers in and around Aparri and other bodies of Haber v. Queen of Portugal, 17 Q. B. 171).
water within the territorial jurisdiction of the
Philippines, Can the Philippines complain 4. Is state sovereignty absolute? (2.5%)
against the Republic of China for violation of its ALTERNATIVE ANSWER:
sovereignty? State sovereignty is not absolute. On the
contrary, the rule says that the state may
ANSWER:
not be sued without its consent, which
In the Trial Smelter Arbitration between clearly imports that it may be sued if it
the United States and Canada, the Arbitral consents. Moreover, certain restrictions
Tribunal held that air pollution from Canada enter into the picture: (1) limitations
should be enjoined, because sovereignty imposed by the very nature of membership
includes the right against any encroachment in the family of nations; and (2) limitations
which might prejudice the natural use of the imposed by treaty stipulations. The
territory and the free movement of its sovereignty of a state therefore cannot in
inhabitants. fact and in reality be considered absolute
(Tanada v. Angara, G.R. No. 118295, May
Since the nuclear tests conducted by
2,1997).
the Republic China resulted in radioactive
ALTERNATIVE ANSWER:
fallouts which contaminated the rivers and other
Sovereignty is absolute with respect to
bodies of water within the Philippines, the
exclusive competence over internal
Republic of China violated the sovereignty of
matters [See Island of Las Palmas Case
the Philippines.
(US v. The Netherlands) 2 R.IAA. 829],
YES, the Philippines can complain against the subject only to such limitations as may be
Republic of China for violation of its imposed or recognized by the state itself
sovereignty. Article 194 of the Convention on as part of its obligations under
the Law of the Sea requires States to take all international law. In the international plain,
measures necessary to ensure that activities state sovereignty is realized as the co-
under their jurisdiction or control are so existence with other sovereignties under
conducted as not to cause damage by pollution conditions of independence and equality.
to other States and their environment. Principle
State Liabilities (1995) The basis of the Philippine claim is effective
occupation of a territory not subject to the
No. 8: In a raid conducted by rebels in a
sovereignty of another state. The Japanese
Cambodian town, an American businessman
forces occupied the Spratly Island group during
who has been a long-time resident of the place
the Second World War. However, under the
was caught by the rebels and robbed of his
San Francisco Peace Treaty of 1951 Japan
cash and other valuable personal belongings.
formally renounced all right and claim to the
Within minutes, two truckloads of government
Spratlys. The San Francisco Treaty or any
troops arrived prompting the rebels to withdraw.
other International agreement however, did not
Before fleeing they shot the American causing
designate any beneficiary state following the
him physical injuries. Government troopers
Japanese renunciation of right. Subsequently,
immediately launched pursuit operations and
the Spratlys became terra nullius and was
killed several rebels. No cash or other valuable
occupied by the Philippines in the title of
property taken from the American businessman
sovereignty. Philippine sovereignty was
was recovered.
displayed by open and public occupation of a
In an action for indemnity filed by the US number of islands by stationing of military
Government in behalf of the businessman for forces, by organizing a local government unit,
injuries and losses in cash and property, the and by awarding petroleum drilling rights,
Cambodian government contended that under among other political and administrative acts. In
International Law it was not responsible for the 1978, it confirmed its sovereign title by the
acts of the rebels. promulgation of Presidential Decree No. 1596,
which declared the Kalayaan Island Group part
1. Is the contention of the Cambodian
of Philippine territory.
government correct? Explain.
2. Suppose the rebellion is successful and a Stateless Persons; Effects; Status; Rights
new government gains control of the entire (1995)
State, replacing the lawful government that was
1. Who are stateless persons under
toppled, may the new government be held
International Law?
responsible for the injuries or losses suffered by
the American businessman? Explain. 2. What are the consequences of
statelessness?
ANSWER;
3. Is a stateless person entirely without right,
1. Yes, the contention of the Cambodian
protection or recourse under the Law of
Government is correct. Unless it clearly
Nations? Explain.
appears that the government has failed to use
promptly and with appropriate force its 4. What measures, if any, has International
constituted authority it cannot be held Law taken to prevent statelessness?
responsible for the acts of rebels, for the rebels
ANSWER:
are not its agents and their acts were done
without its volition. In this case, government 1. STATELESS PERSONS are those who are
troopers immediately pursued the rebels and not considered as nationals by any State under
killed several of them. the operation of its laws.
2. The new government may be held
responsible if it succeeds in overthrowing the
2. The consequences of statelessness are the
government. Victorious rebel movements are
following:
responsible for the illegal acts of their forces
during the course of the rebellion. The acts of (a) No State can intervene or complain
the rebels are imputable to them when they in behalf of a stateless person for
assumed as duly constituted authorities of the an international delinquency
state. committed by another State in
inflicting injury upon him.
State Sovereignty; Effective Occupation;
(b) He cannot be expelled by the State
Terra Nullius (2000)
if he is lawfully in its territory except
No XIX - a) What is the basis of the on grounds of national security or
Philippines' claim to a part of the Spratly public order.
Islands?
(c) He cannot avail himself of the
SUGGESTED ANSWER: protection and benefits of
citizenship like securing for himself Under Section 1, Article I of the 1987
a passport or visa and personal Constitution, the INTERNAL WATERS of the
documents. Philippines consist of the waters around,
between and connecting the islands of the
Philippine Archipelago, regardless of their
3. No. Under the Convention in Relation to breadth and dimensions, including the waters in
the Status of Stateless Person, the Contracting bays, rivers and lakes. No right of innocent
States agreed to accord to stateless persons passage for foreign vessels exists in the case of
within their territories treatment at least as internal waters. (Harris, Cases and Materials on
favorable as that accorded to their nationals International Law, 5th ed., 1998, p. 407.)
with respect to freedom of religion, access to
Internal waters are the waters on the
the courts, rationing of products in short supply,
landward side of baselines from which the
elementary education, public relief and
breadth of the territorial sea is calculated.
assistance, labor legislation and social security.
(Brownlie, Principles of Public International
They also agreed to accord to them treatment
Law, 4th ed., 1990, p. 120.)
not less favorable than that accorded to aliens
generally in the same circumstances. The
Convention also provides for the issuance of
Use of Force; Exceptions (2003)
identity papers and travel documents to
stateless person. No XIV- Not too long ago, "allied forces", led by
American and British armed forces, invaded
Iraq to "liberate the Iraqis and destroy
4. In the Convention on the Conflict of suspected weapons of mass destruction." The
Nationality Laws of 1930, the Contracting Security Council of the United Nations failed to
States agreed to accord nationality to persons reach a consensus on whether to support or
born in their territory who would otherwise be oppose the "war of liberation".
stateless. The Convention on the Reduction of
Can the action taken by the allied forces
Statelessness of 1961 provides that if the law of
find justification in International Law? Explain.
the contracting States results in the loss of
nationality as a consequence of marriage or SUGGESTED ANSWER:
termination of marriage, such loss must be
The United States and its allied forces
conditional upon possession or acquisition of
cannot justify their invasion of Iraq on the basis
another nationality.
of self-defense under Article 51 attack by Iraq,
ALTERNATIVE ANSWER; and there was no necessity for anticipatory self-
defense which may be justified under
Under the Convention on the Reduction of
customary international law. Neither can they
Stateless-ness of 1961, a contracting state shall
justify their invasion on the ground that Article
grant its nationality to a person born in its
42 of the Charter of the United Nations permits
territory who would otherwise be stateless and
the use force against a State if it is sanctioned
a contracting state may not deprive a person or
by the Security Council. Resolution 1441, which
a group of persons of their nationality for racial,
gave Iraq a final opportunity to disarm or face
ethnic, religious or political grounds.
serious consequences, did not authorize the
use of armed force.
Territorial Sea vs. Internal Waters (2004)
ALTERNATIVE ANSWER:
II-A. Distinguish briefly but clearly between:
In International Law, the action taken by
(1) The territorial sea and the internal waters of
the allied forces cannot find justification. It is
the Philippines.
covered by the prohibition against the use of
SUGGESTED ANSWER: force prescribed by the United Nations Charter
and it does not fall under any of the exceptions
A. (1) TERRITORIAL SEA is an adjacent belt of
to that prohibition.
sea with a breadth of twelve nautical miles
measured from the baselines of a state and The UN Charter in Article 2(4) prohibits
over which the state has sovereignty. (Articles 2 the use of force in the relations of states by
and 3 of the Convention on the Law of the Sea.) providing that all members of the UN "shall
Ship of all states enjoy the right of innocent refrain in their international relations from the
passage through the territorial sea. (Article 14 threat or use of force against the territorial
of the Convention on the Law of the Sea.) integrity or political independence of any state,
or in any other manner inconsistent with the of Nova and to replace it with a friendly
purposes of the United Nations." This mandate government.
does not only outlaw war; it encompasses all
Nova decided to file a case against
threats of and acts of force or violence short of
Ameria in the International Court of Justice
war.
1) On what grounds may Nova's causes of
As thus provided, the prohibition is
action against Ameria be based?
addressed to all UN members. However, it is
now recognized as a fundamental principle in 2) On what grounds may Ameria move to
customary international law and, as such, is dismiss the case with the ICJ?
binding on all members of the international
3) Decide the case.
community.
ANSWER:
The action taken by the allied forces
cannot be justified under any of the three 1) If Nova and Ameria are members of the
exceptions to the prohibition against the use of United Nations, Nova can premise its cause of
force which the UN Charter allows. These are: action on a violation of Article 2(4) of the United
Nations Charter, which requires members to
(1) inherent right of individual or
refrain from the threat or use of force against
collective self-defense under Article
the territorial integrity or political independence
51;
of any state. If either or both Nova or Ameria
(2) enforcement measure involving the are not members of the United Nations, Nova
use of armed forces by the UN may premise its cause of action on a violation
Security Council under Article 42; of the non-use of force principle in customary
and international law which exists parallel to Article
2(4) of the United Nations Charter.
(3) enforcement measure by regional
arrangement under Article 53, as In the Case Concerning Military and
authorized by the UN Security Paramilitary Activities in and Against Nicaragua
Council. The allied forces did not (1986 ICJ Rep. 14), the International Court of
launch military operations and did Justice considered the planting of mines by one
not occupy Iraq on the claim that state within the territorial waters of another as a
their action was in response to an violation of Article 2(4) of the United Nations
armed attack by Iraq, of which there Charter. If the support provided by Ameria to
was none. the rebels of Nova goes beyond the mere giving
of monetary or psychological support but
Moreover, the action of the allied forces was
consists in the provision of arms and training,
taken in defiance or disregard of the Security
the acts of Ameria can be considered as
Council Resolution No. 1441 which set up "an
indirect aggression amounting to another
enhanced inspection regime with the aim of
violation of Article 2(4).
bringing to full and verified completion the
disarmament process", giving Iraq "a final In addition, even if the provision of
opportunity to comply with its disarmament support is not enough to consider the act a
obligations". This resolution was in the process violation of the non-use of force principle, this is
of implementation; so was Iraq's compliance a violation of the principle of non-intervention in
with such disarmament obligations. customary International law.
Aggression is the use of armed force by
Use of Force; Principle of Non-Intervention
a state against the sovereignty, territorial
(1994)
integrity or political independence of another
No. 19; The State of Nova, controlled by an state or in any other manner inconsistent with
authoritarian government, had unfriendly the United Nations Charter.
relations with its neighboring state, Ameria.
2) By virtue of the principle of sovereign
Bresla, another neighboring state, had been
immunity, no sovereign state can be made a
shipping arms and ammunitions to Nova for use
party to a proceeding before the International
in attacking Arneria.
Court of Justice unless it has given its consent.
To forestall an attack, Ameria placed ...
floating mines on the territorial waters
surrounding Nova. Ameria supported a group of
rebels organized to overthrow the government
3) If jurisdiction over Ameria is established, the (2) It may bring the matter to the
case should be decided in favor of Nova, Security Council which may authorize sanctions
because Ameria violated the principle against against Country X, including measure invoking
the use of force and the principle of non- the use of force. Under Article 4 of the UN
Intervention. The defense of anticipatory self- Charter, Country Y may use force against
defense cannot be sustained, because there is Country X as well as against the Ali Baba
no showing that Nova had mobilized to such an organization by authority of the UN Security
extent that if Ameria were to wait for Nova to Council.
strike first it would not be able to retaliate.
However, if jurisdiction over Ameria is not
Under the Security Council Resolution No.
established, the case should be decided in
1368, the terrorist attack of Ali Baba may be
favor of Ameria because of the principle of
defined as a threat to peace, as it did in defining
sovereign immunity.
the September 11, 2001 attacks against the
United States. The resolution authorizes military
Use of Force; Right of Self-defense (2002)
and other actions to respond to terrorist attacks.
No XIX. On October 13, 2001, members of Ali However, the use of military force must be
Baba, a political extremist organization based in proportionate and intended for the purpose of
and under the protection of Country X and detaining the persons allegedly responsible for
espousing violence worldwide as a means of the crimes and to destroy military objectives
achieving its objectives, planted high-powered used by the terrorists.
explosives and bombs at the International
The fundamental principles of international
Trade Tower (ITT) in Jewel City in Country Y, a
humanitarian law should also be respected.
member of the United Nations. As a result of
Country Y cannot be granted sweeping
the bombing and the collapse of the 100-story
discretionary powers that include the power to
twin towers, about 2,000 people, including
decide what states are behind the terrorist
women and children, were killed or injured, and
organizations. It is for the Security Council to
billions of dollars in property were lost.
decide whether force may be used against
Immediately after the incident, Ali Baba, specific states and under what conditions the
speaking through its leader Bin Derdandat, force may be used.
admitted and owned responsibility for the
bombing of ITT, saying that it was done to Use of Force; Self-Defense; Waging War
pressure Country Y to release captured (1998)
members of the terrorist group. Ali Baba
No XIV. At the Nuremberg trial of the Nazi war
threatened to repeat its terrorist acts against
criminals at the end of the World War II. the
Country Y if the latter and its allies failed to
defense argued on behalf of the German
accede to Ali Baba's demands. In response,
defendants that although a nation could not
Country Y demanded that Country X surrender
wage aggressive war without transgressing
and deliver Bin Derdandat to the government
International law, it could use war as an
authorities of Country Y for the purpose of trial
Instrument of self-defense, and that the nation
and "in the name of justice." Country X refused
itself must be the sole judge of whether its
to accede to the demand of Country Y.
actions were in self-defense. How would you
What action or actions can Country Y meet the argument if you were a member of the
legally take against Ali Baba and Country X to Tribunal trying the case? [5%]
stop the terrorist activities of Ali Baba and
SUGGESTED ANSWER:
dissuade Country X from harboring and giving
protection to the terrorist organization? Support No rule of International law gives a state
your answer with reasons. (5%) resorting to war allegedly in self-defense the
right to determine with a legally conclusive
FIRST ALTERNATIVE ANSWER:
effect the legality of such action.
(1) Country Y may exercise the right
The Judgment of the Nuremberg
of self-defense, as provided under Article 51 of
International Military Tribunal rejected the
the UN Charter "until the Security Council has
defense of the Nazi war criminals:
taken measure necessary to maintain
international peace and security". Self-defense "But whether action taken under the
enables Country Y to use force against Country claim of self-defense was in fact aggressive or
X as well as against the Ali Baba organization. defensive must ultimately be subject to
investigation and adjudication if international operations by air, sea, or land forces of
law is ever to be enforced." members of the UN.
ALTERNATIVE ANSWER: 2. Under art. 51 member states also have the
inherent right of collective self defense if an
International law on self-defense cannot
armed attack occurs against a member
assume the nature of war. War requires "a
state, until the Security Council has taken
declaration of war giving reasons" under the
measures necessary to maintain
Hague Convention II of 1907. Precisely, the
international peace and security.
Nazi war criminalwere indicted before the
Nuremberg Tribunal for violating this
Convention and were found guilty.
War; Combatants/ Prisoners of War vs.
Since the Nazi war criminal argued that Mercenaries (1993)
war as self-defense is understood by them as
No. 3: Reden, Jolan and Andy. Filipino tourists,
meaning "that the nation itself must be the sole
were in Bosnia-Herzegovina when hostilities
Judge of whether its action were in self-
erupted between the Serbs and the Moslems.
defense", it is clear that what they had in mind
Penniless and caught in the crossfire, Reden,
in fact is "war as an instrument of national
Jolan, and Andy, being retired generals, offered
policy", not self-defense as an objective right
their services to the Moslems for a handsome,
under International law.
salary, which offer was accepted. When the
Waging was as an instrument of Serbian National Guard approached Sarajevo,
national law is prohibited by the Pact of Paris of the Moslem civilian population spontaneously
1928 (Kellog - Braid Part) of which Germany took up arms to resist the invading troops. Not
was already a state party before the Second finding time to organize, the Moslems wore
World War. Precisely, the German Reich was armbands to identify themselves, vowing to
indicted before the Nuremberg Tribunal for observe the laws and customs of war. The
violation of the Pact of Paris and the Nazi war three Filipinos fought side by side with the
criminals were found guilty of this as a war Moslems. The Serbs prevailed resulting in the
crime. capture of Reden, Jolan and Andy, and part of
the civilian fighting force.
Hence, the argument is itself an admission of
violation of international law. 1) Are Reden, Jolan and Andy considered
combatants thus entitled to treatment as
Use of Force; When allowed (1988) prisoners of war?
1. The Charter of the United Nations prohibits 2) Are the captured civilians likewise prisoners
not only recourse to war but also resort to the of war?
use of force or threat. In the ardent desire to ANSWER:
maintain peace, the Charter obliges members
to settle their international disputes by peaceful 1) Reden, Jolan and Andy are not combatants
means and to refrain in their international and are not entitled to treatment as prisoners of
relations from the threat or use of force. war, because they are mercenaries. Article 47
The same Charter, however, recognizing of the Protocol I to the Geneva Conventions of
perhaps the realities of international relations, 1949 provides:
allows the use of force in exceptional "A Mercenary shall not have the right to
occasions. be combatant or a prisoner of war."
Please state two occasions when the use of Pursuant to Article 47 of Protocol I of
armed forces is allowed by the U.N. Charter. the Geneva Conventions of 1949, Reden,
SUGGESTED ANSWER: Jolan, and Andy are mercenaries, because they
were recruited to fight in an armed conflict, they
1. Under art. 42 of the UN Charter, should the in fact took direct part in the hostilities, they
Security Council consider that pacific were motivated to take part in the hostilities
methods of settling disputes are essentially by the desire for private gain and in
inadequate, it may take such action by air, fact was promised a handsome salary by the
sea, or land forces as may be necessary to Moslems, they were neither nationals of a party
maintain or restore international peace and to the conflict nor residents of territory
security. Such action may include controlled by a party to the conflict, they are not
demonstrations, blockade, and other members of the armed forces of a party to the
conflict, and they were not sent by a state which B. Section 40 of the Civil Service Decree has
is not a party to the conflict on official duty as been repealed by Republic Act No. 6654. As
members of its armed forces. lawyer of Jose Tapulan, I will file a petition for
mandamus to compel his reinstatement. In
2) The captured civilians are prisoners of war.
accordance with the ruling in Mangubat us.
Under Article 4 of the Geneva Convention
Osmena, G.R No. L-12837, April 30, 1959, 105
relative to the Treatment of Prisoners of War,
Phil. 1308, there is no need to exhaust all
inhabitants of a non-occupied territory, who on
administrative remedies by appealing to the
the approach of the enemy spontaneously take
Civil Service Commission, since the act of the
up arms to resist the invading forces, without
governor is patently Illegal.
having had time to form themselves into regular
armed forces, provided they carry arms openly
and respect the laws and customs of war, are
Admin Law; Exhaustion of Administrative
considered prisoners of war if they fall into the
Remedies (2000)
power of the enemy.
No XIII.
Wilson doctrine vs. Estrada doctrine (2004) a) Explain the doctrine of exhaustion of
(2-a-5) Distinguish: The Wilson doctrine and administrative remedies. (2%)
the Estrada doctrine regarding recognition of
governments. b) Give at least three (3) exceptions to its
application. (3%)
Under the WILSON DOCTRINE, recognition
shall not be extended to any government A.) The doctrine of exhaustion of administrative
established by revolution or internal violence remedies means that when an adequate
until the freely elected representatives of the remedy is available within the Executive
people have organized a constitutional Department, a litigant must first exhaust this
government. remedy before he can resort to the courts. The
purpose of the doctrine is to enable the
Under the ESTRADA DOCTRINE, the Mexican administrative agencies to correct themselves if
government declared that it would, as it saw fit, they have committed an error. (Rosales v.
continue or terminate its diplomatic relations Court of Appeals, 165 SCRA 344 [19881)
with any country in which a political upheaval
had taken place and in so doing it would not
pronounce judgment on the right of the foreign B.) The following are the exceptions to the
state to accept, maintain or replace its application of the doctrine of exhaustion of
government. (Cruz, International Law, 2003 ed.) administrative remedies:
(In view of recent developments, the Wilson 1. The question involved is purely legal;
doctrine and the Estrada doctrine are no longer
in the mainstream of public international law.) 2. The administrative body is in estoppel;
3. The act complained of is patently illegal;
ADMINISTRATIVE LAW 4. There is an urgent need for Judicial
intervention;
Remedies (1991)
5. The claim involved is small;
No. 9: B, For being notoriously undesirable
and a recidivist, Jose Tapulan, an employee in 6. Grave and irreparable injury will be
the first level of the career service in the Office suffered;
of the Provincial Governor of Masbate, was
7. There is no other plain, speedy and
dismissed by the Governor without formal
adequate remedy;
investigation pursuant to Section 40 of the Civil
Service Decree (P.D. No. 807} which authorizes 8. Strong public interest is involved;
summary proceedings in such cases.
9. The subject of the controversy is private
As a lawyer of Jose what steps, if any, law;
would you take to protect his rights?
10. The case involves a quo warranto
SUGGESTED ANSWER; proceeding (Sunville Timber Products,
Inc. v. Abad. 206 SCRA 482 {1992);

11. The party was denied due process jurisdiction applies where a case is within the
(Samahang Magbubukid ng Kapdula, concurrent jurisdiction of the court and an
Inc. v. Court of Appeals, 305 SCRA 147 administrative agency but the determination of
[1999]); the case requires the technical expertise of the
administrative agency. In such a case, although
12. The decision is that of a Department
the matter is within the jurisdiction of the court,
Secretary. (Nazareno v. Court of
it must yield to the jurisdiction of the
Appeals, G.R. No. 131641, February
administrative case.
23. 2000);
2) No, the failure to exhaust
13. Resort to administrative remedies would
administrative remedies before filing a case in
be futile (University of the Philippines
court does not oust the court of jurisdiction to
Board of Regents v. Rasul 200 SCRA
hear the case. As held in Rosario vs. Court of
685 [1991]);
Appeals, 211 SCRA 384, the failure to exhaust
14. There is unreasonable delay administrative remedies does not affect the
(Republic v, Sandiganbayan, 301 SCRA jurisdiction of the court but results in the lack of
237 [1999]); a cause of action, because a condition
precedent that must be satisfied before action
15. "The action involves recovery of
can be filed was not fulfilled.
physical possession of public land
(Gabrito u. Court of Appeals, 167 SCRA
771 {1988]);
16. The party is poor (Sabello v. Remedies; Exceptions (1991)
Department of Education, Culture and
No. 8: On the basis of a verified report and
Sports, 180 SCRA 623 [1989]); and
confidential information that various electronic
17. The law provides for immediate resort equipment, which were illegally imported into
to the court (Rulian v Valdez, 12 SCRA the Philippines, were found in the bodega of the
501 [1964]). Tikasan Corporation located at 1002 Binakayan
St., Cebu City, the Collector of Customs of
{Note: The examinee should be given
Cebu issued, in the morning of 2 January 1988,
full credit if he gives three of the above-
a Warrant of Seizure and Detention against the
mentioned exceptions.}
corporation for the seizure of the electronic
equipment. The warrant particularly describes
the electronic equipment and specifies the
provisions of the Tariff and Customs Code
Remedies vs Doctrine of Primary
which were violated by the importation.
Jurisdiction (1996)
The warrant was served and
No. 11: 1) Distinguish the doctrine of primary
implemented in the afternoon of 2 January 1988
jurisdiction from the doctrine of exhaustion of
by Customs policemen who then seized the
administrative remedies.
described equipment. The inventory of the
2) Does the failure to exhaust seized articles was signed by the Secretary of
administrative remedies before filing a case in the Tikasan Corporation. The following day, a
court oust said court of jurisdiction to hear the hearing officer in the Office of the Collector of
case? Explain. Customs conducted a hearing on the
confiscation of the equipment.
SUGGESTED ANSWER;
Two days thereafter, the corporation
1) The doctrine of primary jurisdiction
filed with the Supreme Court a petition for
and the doctrine of exhaustion of administrative
certiorari, prohibition and mandamus to set
remedies both deal with the proper
aside the warrant, enjoin the Collector and his
relationships between the courts and
agents from further proceeding with the
administrative agencies. The doctrine of
forfeiture hearing and to secure the return of the
exhaustion of administrative remedies applies
confiscated equipment, alleging therein that the
where a claim is cognizable in the first instance
warrant issued is null and void for the reason
by an administrative agency alone. Judicial
that, pursuant to Section 2 of Article III of the
interference is withheld until the administrative
1987 Constitution, only a judge may issue a
process has been completed. As stated in
search warrant. In his comment to the petition,
Industrial Enterprises, Inc. vs. Court of Appeals,
the Collector of Customs, through the Office of
184 SCRA 426. The doctrine of primary
the Solicitor General, contends that he is
authorized under the Tariff and Custom Code to
Admin Law; Judicial Review of
order the seizure of the equipment whose
Administrative Action (2001)
duties and taxes were not paid and that the
corporation did not exhaust administrative No XIV Give the two (2) requisites for the
remedies. judicial review of administrative
decision/actions, that is, when is an
(a) Should the petition be granted?
administrative action ripe for Judicial review?
Decide.
(5%)
(b) If the Court would sustain the
SUGGESTED ANSWER:
contention of the Collector of Customs on the
matter of exhaustion of administrative The following are the conditions for ripeness for
remedies, what is the administrative remedy judicial review of an administrative action:
available to the corporation?
1. The administrative action has
(c) What are the exceptions to the rule already been fully completed and, therefore, is
on exhaustion of administrative remedies? a final agency action; and
SUGGESTED ANSWER: 2. All administrative remedies have
been exhausted. [Gonzales, Administrative
(a) No. No search warrant from court
Law, Rex Bookstore: Manila, p. 136 (1979)].
needed.
(b) As pointed out in Chia us. Acting
Collector of Customs, 177 SCRA 753, the Admin Law; Judicial Review of
administrative remedy available under Section Administrative Decisions (1988)
2313 of the Tariff and Customs Code is to
No. 17: Apex Logging Co. and Batibot Logging
appeal to the Commissioner of Customs, from
Co. are adjacent timber concession holders in
whose decision an appeal to the Court of Tax
Isabela. Because of boundary conflicts, and
Appeals lies.
mutual charges of incursions into their
(c) The following are the exceptions to respective concession areas, the Bureau of
the doctrine of exhaustion of administrative Forestry ordered a survey to establish on the
remedies: ground their common boundary. The Bureau of
Forestry's decision in effect favored Batibot.
1. The case deals with private land;
Apex appealed to the Department of Natural
2. The question involved is purely Resources and Environment and this
legal; department reversed the decision of the Bureau
of Forestry and sustained Apex. It was the turn
3. The case involves a quo warranto
of Batibot to appeal to the Office of the
proceeding;
President. The Office of the President through
4. There is denial of due process; an Asst. Executive Secretary sustained the
Department of Natural Resources arid
5. The decision is patently illegal;
Environment. On a motion for reconsideration
6. The aggrieved party will suffer by Batibot, however, an Asst. Executive
irreparable injury; Secretary other than the one who signed the
decision affirming the decision of the
7. There is estoppel;
Department of Natural Resources and
8. Resort to administrative remedies Environment decided for Batibot, Dissatisfied
would be futile; with the Administrative action on the
controversy. Apex filed an action with the
9. The decision is that of a
Regional Trial Court against Batibot, the
department head;
Director of Forestry, and the Asst. Executive
10. The law expressly provides for Secretaries insisting that a judicial review of
immediate judicial review; such divergent administrative decisions is
necessary to determine the correct boundary
11. Public interest is involved;
line of the licensed areas in question.
12. There was unreasonable delay in
Batibot moved to dismiss the action, but
the administrative proceedings; and
the Regional Trial Court denied the same and
13. The aggrieved party is poor. even enjoined enforcement of the decision of
the Office of the President. Batibot's motion for Palace and a long-standing Bureau under the
reconsideration was likewise denied. Department of Interior and Local Governments.
The employees of both offices assailed the
Batibot then filed a petition for certiorari
action of the President for being an
and prohibition to review and annul the orders
encroachment of legislative powers and thereby
of the Regional Trial Court. Do you believe the
void. Was the contention of the employees
petition for certiorari and prohibition is
correct? Explain.
meritorious? Why or why not?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
The contention of the employees is not correct.
The petition for certiorari and prohibition is
As held in Buklod ng Kawaning EHB v. Zamora.
meritorious, The order of the trial court must
360 SCRA 718 [2001], Section 31, Book III of
accordingly be set aside. As held in a similar
the Administrative Code of 1987 has delegated
case, Lianga Bay Logging Co. v. Enage, 152
to the President continuing authority to
SCRA 80 (1987), decisions of administrative
reorganize the administrative structure of the
officers should not be disturbed by the courts
Office of the President to achieve simplicity,
except when the former have acted without or
economy and efficiency. Since this includes the
in excess of their jurisdiction or with grave
power to abolish offices, the President can
abuse of discretion. The mere suspicion of
abolish the Office of the Presidential
Apex that there were anomalies in the
Spokesman, provided it is done in good faith.
nonrelease of the first "decision" and its
The President can also abolish the Bureau in
substitution of a new one by another Assistant
the Department of Interior and Local
Executive Secretary does not justify judicial
Governments, provided it is done in good faith
review. Mere beliefs, suspicions and
because the President has been granted
conjectures cannot overcome the presumption
continuing authority to reorganize the
of regularity of official action.
administrative structure of the National
Government to effect economy and promote
efficiency, and the powers include the abolition
Admin Law; Meaning of “Government of the
of government offices. (Presidential Decree No.
Philippines” (1997)
1416, as amended by Presidential Decree No.
No. 3: Are government-owned or controlled 1772; Larin v. The Executive Secretary. 280
corporations within the scope and meaning of SCRA 713 [1997]).
the "Government of the Philippines"?
SUGGESTED ANSWER:
Admin Law; Rules and Regulations; Due
Section 2 of the Introductory Provision of the Process (2000)
Administrative Code of 1987 defines the
No III. - The Maritime Industry Authority
government of the Philippines as the corporate
(MARINA) issued new rules and regulations
governmental entity through which the functions
governing pilotage services and fees, and the
of government are exercised throughout the
conduct of pilots in Philippine ports. This it did
Philippines, including, same as the contrary
without notice, hearing nor consultation with
appears from the context, the various arms
harbor pilots or their associations whose rights
through which political authority is made
and activities are to be substantially affected.
effective in the Philippines, whether pertaining
The harbor pilots then filed suit to have the new
to the autonomous regions, the provincial, city,
MARINA rules and regulations declared
municipal or barangay subdivisions or other
unconstitutional for having been issued without
forms of local government.
due process. Decide the case. (5%)
Government owned or controlled
SUGGESTED ANSWER:
corporation are within the scope and meaning
of the Government of the Philippines if they are The issuance of the new rules and regulations
performing governmental or political functions. violated due process. Under Section 9, Chapter
II, Book VII of the Administrative Code of 1987,
as far as practicable, before adopting proposed
Admin Law; Power of the President to rules, an administrative agency should publish
Reorganize Administrative Structure (2003) or circulate notices of the proposed rules and
afford interested parties the opportunity to
No VI - The President abolished the Office of
submit their views; and in the fixing of rates, no
the Presidential Spokesman in Malacanang
rule shall be valid unless the proposed rates
shall have been published in a newspaper of intents and purposes. A distinction,
general circulation at least two weeks before however, may be made with respect to
the first hearing on them. In accordance with those entities possessing a separate
this provision, in Commissioner of Internal charter created by statute.
Revenue v CA, 261 SCRA 236 (1996), it was a. DPWH is an agency. It does not
held that when an administrative rule possess a separate charter.
substantially increases the burden of those b. BSP is an instrumentality because it
directly affected, they should be accorded the was incorporated under the new
chance to be heard before its issuance. Central Bank Law (R.A. No. 7653)
c. PPA can be defined as both an
ALTERNATIVE ANSWER:
instrumentality and an agency
Submission of the rule to the University of the because it was incorporated by
Philippines Law Center for publication is special law and it has its own
mandatory. Unless this requirement is complied charter, yet it is integrated with the
with, the rule cannot be enforced. DOTC.
d. LTO is an agency. It is an office of
Government Agency vs. Government the DOTC.
Instrumentality (Q7-2005) e. LBP is an instrumentality having a
(3) State with reason(s) which of the following charter under a special law and is a
is a government agency or a government government financial institution
instrumentality: (GFI) independent of any
a. Department of Public Works and department of government.
Highways;
b. Bangko Sentral ng Pilipinas; Quasi-Judicial Body or Agency (Q5-2006)
c. Philippine Ports Authority; 3. What is a quasi-judicial body or agency?
d. Land Transportation Office; (2.5%)
e. Land Bank of the Philippines. (5%) SUGGESTED ANSWER:
A quasi-judicial body or agency is an
SUGGESTED ANSWER: administrative body with the power to hear,
An INSTRUMENTALITY refers to any determine or ascertain facts and decide
agency of the national government not rights, duties and obligations of the parties
integrated within the departmental by the application of rules to the
framework, vested with special ascertained facts. By this power, quasi-
functions or jurisdiction by law, with judicial agencies are enabled to interpret
some if not all corporate powers, and apply implementing rules and
administering special funds, and regulations promulgated by them and laws
enjoying operational autonomy, usually entrusted to their administration.
through a charter. (Iron and Steel
Authority v. Court of Appeals, G.R. No.
102976, October 25, 1995)
AGENCY under the administrative code

is any department, bureau, office,
commission, authority or officer of the
national government, authorized by law
or executive order to make rules, issue
licenses, grant rights or privileges, and
adjudicate cases; research institutions
with respect to licensing functions;
government corporations with respect to
functions regulating private rights,
privileges, occupation or business, and
officials in the exercise of the
disciplinary powers as provided by law.
There is NO PRACTICAL
DISTINCTION between an
instrumentality and agency, for all
Political Law Q&As (2007-2013) hectorchristopher@yahoo.com JayArhSals
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
POLITICAL LAW
Compiled and Arranged By:
Salise, Hector Christopher “Jay-Arh” Jr. M.
(University of San Jose-Recoletos School of Law)
ANSWERS TO BAR EXAMINATION QUESTIONS by the

UP LAW COMPLEX (2007, 2009, 2010)
&
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 1 of 168
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the author.
The author was inspired by the work of Silliman University’s

College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this

work, however, the author accepts no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are

solely those of the authors in the given references and do not
necessarily represent those of the author of this work.
The Author
Page 2 of 168
TABLE OF CONTENTS
(Titles are based on Silliman’s Compilation [Arranged by Topic])
ARTICLE I National Territory
Archipelagic Doctrine (2013)………………………………………………………………...................10
Archipelagic Doctrine (2009)……………………………………………………………………………….11
ARTICLE II Declaration of Principles and State Policies
Defense of State (2009)………………………………………………………………...........................11
State Immunity from Suit (2013)……………………………………………………….....................11
State Immunity from Suit (2013)…………………………………………….................................12
State Immunity from Suit (2009)………………………………………………………………………...14
ARTICLE III Bill of Rights
Custodial Investigation; Extrajudicial Confession (2013)…………………………………….…..14
Eminent Domain; Public Purpose (2008)……………………………………………………………....15
Eminent Domain; Socialized Housing (2009)…………………………………………..……………..16
Eminent Domain; Valid and Definite Offer (2010)…………………………………………………..18
Equal Protection; Responsible Parenthood (2007)…………………………………………………..18
Freedom of Religion; Benevolent Neutrality Test (2009)………………………………………….20
Freedom of Speech; Commercial Speech; Prohibitions (2007) …………………..……………..21
Freedom of Speech; Private Parties; Prior Restraint (2007) ………………………………….....22
Freedom of Speech; Symbolic Expression (2008) ………………………………………………......23
Page 3 of 168
Freedom of the Press; Prior Restraint (2009) …………………………………………………….....24
Hierarchy of Civil Liberties; Freedom of Religion; Search and Seizure (2012) ……..….....25
Liberty of Abode; Right to Travel (2012) ………………………………………………………….......26
Overbreadth Doctrine vs. Void for Vagueness (2012) ……………………………………….….....27
Overbreadth Doctrine vs. Void for Vagueness (2010) …………………………………………......28
Police Power; Abatement of Nuisance (2010) ……………………………………………………......29
Police Power; Prohibition of Gambling (2009) …………………………………………………….....29
Privacy of Communication (2009) ………………………………………………………………….......30
Right to Assembly; Permit (2007) …………………………………………………………………….....31
Right to Information; Matters of Public Concern (2009) …………………………….…….….....32
Rights of the Accused; Right to Bail (2009) ……………………………………………………….....34
Rights of the Accused; Right to Bail; Double Jeopardy (2008) ………………….……….….....35
Rights of the Accused; Right to Counsel (2012) ………………………………………….….….....36
Rights of the Accused; Right to Remain Silent (2013) ………………………………….….….....37
Rights of the Accused; Self-Incrimination (2010) ……………………………………………….....38
Right to Liberty; Presentability of Policemen (2008) …………………………………………......39
Search and Seizure; Warrantless Arrest (2009) …………………………………………………......40
Search and Seizure; Warrantless Arrest (2008) …………………………………………………......40
Search and Seizure; Warrantless Search (2010) ……………………………………………..…......41
ARTICLE IV Citizenship
Dual Citizenship vs. Dual Allegiance (2009) …………………………………………………..….....42
Natural Born (2009) ………………………………………………………………………………..……......42
ARTICLE VI Legislative Department

Page 4 of 168
Discipline; Members of Congress (2013) ……………………………………………………….………44
Doctrine of Operative Fact (2010) ………………………………………………………………..........45
Doctrine of Necessary Implication; Hold-over (2010) ………………………………………………45
Electoral Tribunal; SET; PET Jurisdiction (2012)………………………………..………………....46
Investigations in Aid of Legislation (2009) ………………………………………………….........…46
Investigations in Aid of Legislation; Executive Privilege (2010) ……………………………….48
Law-Making; Abolish; Destroy (2008) …………………………………………………………………...49
Law-Making; Admission to the Bar (2009) …………………………………………………………….49
Law-Making; Conflict of Interest (2010) ………………………………………………………..........50
Law-Making; Item vs. Pocket Veto (2010) ……………………………………………………………..51
Law-Making; Oversight Committee (2010) …………………………………………………...……….51
Party-list Representative; Formula allocation (2007) ……………………………………..………52
Party-List; Foreign Funding (2010) …………………………………………………………….………..53
ARTICLE VII Executive Department
Appointing Power; Acting Appointments (2013) ………………………………….…………………54
Appointing Power; Ad-Interim Appointments (2010) …………………………………….………..54
Control Power (2009) …………………………………………………………………………………………55
Control Power; Foreign Relations (2010) …………………………………………………….………..55
Declaration; State of National Emergency (2010) ………………………………………………..…56
Enter into Executive Agreement; Treaty Abrogation (2008) …………………………………….56
Enter into Treaty (2010) …………………………………………………………………………………….57
Pardoning Power: Executive Clemency (2008) …………………………………………………….…57
Privilege; Presidential Communications vs. Deliberative Process (2010) ……………………58
Page 5 of 168
ARTICLE VIII Judicial Department
Judicial Department; Judicial Service (2013) ……………………………………………………..…58
Judicial Department; Writ of Amparo (2013) …………………………………………………………59
Judicial Power; Legal Standing (2010)……………………………………………………………..……61
Judicial Power; Trial by Jury (2013)………….....………………………………………………………61
Judicial Power; Trial by Jury (2008) …………………………………………………….………………62
Presidential Electoral Tribunal; Judicial Power (2012) ……………………………………………63
Supervision; Courts and its Personnel; Ombudsman’s Jurisdiction (2012)…………….……64
ARTICLE IX Constitutional Commissions
Rotational Scheme (2010) ………………………………………………………………………………….64
ARTICLE IX Civil Service Commission
Appointment; Relatives (2008) ……………………………………………………………………………65
Appointment; Relatives (2010) ……………………………………………………………………………66
De Facto Officer (2010) ………………………………………………………………………………………66
De Facto Officer; Salary Entitlement (2009) ………………………………………………………….66
Discretionary Duty of a Public Officer (2010) ………………………………………………………..66
Oath or Affirmation (2007) …………………………………………………………………………………67
Security of Tenure (2010) …………………………………………………………………………………..67
ARTICLE IX COMELEC
Commission En Banc; Jurisdiction (2012) …………………………………………………………….67
Grant of Pardon to Election Offenses (2010) ……………………………………………………….…69
Election Laws
Page 6 of 168
Election Protest; Substitution; Quo Warranto (2009) ………………………………………………69
Pre-Proclamation Contest (2008) …………………………………………………………………………71
Three Term Limit; Contest; Substitution (2008) …………………………………………….………72
Vacancy: Succession; Recall (2010) ……………………………………………………………………..72
Vacancy: Sangguniang Panlalawigan (2008) ……………………………………………………..……73
ARTICLE X Local Government
Boundary Dispute Resolution; LGU; RTC (2010) ………………………………………………….…74
Confiscation of Driver’s License; MMDA (2010) …………………………………………………..…74
Internal Revenue Allotment Fund (2007) ……………………………………………………………..74
Municipal Corporation; De facto vs. Estoppel (2010) ………………………………………………75
Ordinance Validity; Disapproval (2009) ………………………………………………………………..75
Ordinance Validity; Regulation of Disco Pubs (2010) ………………………………………………76
Reclassification of Land (2010) ……………………………………………………………………………77
ARTICLE XI Accountability of Public Officers
Discipline; Preventive Suspension (2009) ……………………………………………………………..77
Impeachment; Grounds (2013) ……………………………………………………………………………78
Impeachment; Purpose; Grounds (2012) ……………………………………………………………….79
Ombudsman; Power to Impose Penalties (2009) …………………………………………………….80
ARTICLE XII National Economy and Patrimony
Acquisition of Lands (2009) ………………………………………………………………………………..81
ARTICLE XIV Education, Science, and Technology, Arts
Education; Academic Freedom (2013) ………………………………………………………………….81
Page 7 of 168
Education: Communication and Instruction (2007) ………………………………………………..83
Education; Teaching of Religion (2010) ………………………………………………………………..83
Education; Foreign Ownership (2009) …………………………………………………………………..84
Education: Scholarship Grants (2007) ………………………………………………………………….84
Education; Study of Religion (2008) ………………………………………………………………….…85
ARTICLE XVI General Provisions
National Anthem (2009) ……………………………………………………………………………………..86
ARTICLE XVII Amendments or Revisions
Amendments (2007) ………………………………………………………………………………………….86
Amendments; People’s Initiative (2009) ……………………………………………….………………87
PUBLIC INTERNATIONAL LAW
Basic Principles; Reparation (2007) ………………………………………………………………..……87
Concept of Association (2010) …………………………………………………………………………….89
Extradition: Double Criminality (2007) …………………………………………………………………90
Genocide (2010) ………………………………………………………………………………………………..91
Hard Law vs. Soft Law (2008) ………………………………………………………………………………92
Human Rights; Civil and Political Rights (2007) ………………………………….…………………93
Human Rights; Civil and Political Rights; Freedom from Torture (2010) ……………………94
Int’l Court of Justice vs. Int’l Criminal Court (2010) ………………………………………………95
International Law Violation; Treaty (2008) ……………………………………………………………96
Page 8 of 168
Opinio Juris (2012) ……………………………………………………………………………………………96
Opinio Juris (2008) ……………………………………………………………………………………………97
Principle of Attribution or Imputation (2010) ……………………………………………………..…97
Principle of Auto-Limitation (2009) ……………………………………………………………………..98
Retorsion (2010) ……………………………………………………………………………………………….99
Use of Force; Self-Defense (2009) ……………………………………………………………………..…99
Verbal Agreement; Source of Int’l Law (2012) ………………………………………………..……101
MULTIPLE CHOICE QUESTIONS
2013 Political Law Exam MCQ (October 6, 2013) ……………………………………………….…103
2012 Political Law Exam MCQ (October 7, 2012) ………………………………………………….112
2011 Political Law Exam MCQ (November 6, 2011) ………………………………………………140
Page 9 of 168
ARTICLE I National Territory United Nations Convention on the Law of

the Sea III. Whether the bodies of water
Archipelagic Doctrine (2013) lying landward of the baselines of the
Philippines are internal waters or
No.VI. Congress passed Republic Act No. archipelagic waters, the Philippines
7711 to comply with the United Nations retains jurisdiction over them (Magallona
Convention on the Law of the Sea. vs. Ermita, 655 SCRA 476).
In a petition filed with the Supreme Court, ALTERNATIVE ANSWER:

Anak Ti Ilocos, an association of Ilocano
professionals, argued that Republic Act No. No, the petition is not meritorious.
7711discarded the definition of the UNCLOS has nothing to do with the
Philippine territory under the Treaty of acquisition (or loss) of territory. It is a
Paris and in related treaties; excluded the multilateral treaty regulating, among
Kalayaan Islands and the Scarborough others, sea-use rights among maritime
Shoals from the Philippine Archipelagic zones and continental shelves that
baselines; and converted internal waters UNCLOS III delimits.
into archipelagic waters.
The court finds RA No. 7711
Is the petition meritorious? (6%) constitutional and is consistent with the
Philippines’ national interest. Aside from
SUGGESTED ANSWER:
being the vital step in safeguarding the
country’s maritime zones, the law also
No, the petition is not meritorious.
allows an internationally-recognized
UNCLOS has nothing to do with the
delimitation of the breadth of the
acquisition (or loss) of territory. It
Philippines’ maritime zones and
merely regulates sea-use rights over
continental shelf.
maritime zones, contiguous zones,
exclusive economic zones, and
The court also finds that the conversion
continental shelves which it delimits.
of internal waters to archipelagic waters
The Kalayaan Islands and the
will not risk the Philippines as affirmed
Scarborough Shoals are located at an
in the Article 49 of the UNCLOS III, an
appreciable distance from the nearest
archipelagic state has sovereign power
shoreline of the Philippine archipelago.
that extends to the waters enclosed by
A straight baseline loped around them
the archipelagic baselines, regardless of
from the nearest baseline will violate
their depth or distance from the coast. It
Article 47(3) and Article 47(2) of the
Page 10 of 168
is further stated that the regime of No.I.c. A law that makes military service for
archipelagic sea lanes passage will not women merely voluntary is constitutional
affect the status of its archipelagic SUGGESTED ANSWER:
waters or the exercise of sovereignty
FALSE. In the defense of the state, all
over waters and air space, bed and
citizens may be required by law to
subsoil and the resources therein (Prof.
render personal, military or civil service
Merlin Magallona, et al v. Hon. Eduardo
(Section 4, Article II of the Constitution).
Ermita, in his capacity as Executive
The duty is imposed on all citizens
Secretary, et al, G.R. No. 187167, 16
without distinction as to gender.
July 2011)
ALTERNATIVE ANSWER:
TRUE. The prime duty of the

Archipelagic Doctrine (2009)
Government is to serve and protect the
No.I. b. Under the archipelago doctrine, the people. The Government may call upon
waters around, between, and connecting the people to defend the State and, in
the islands of the archipelago form part of the fulfillment thereof, ALL CITIZENS
the territorial sea of the archipelagic state. may be required, under conditions
SUGGESTED ANSWER: provided by law, to render personal
military or civil service.
FALSE. Under Article I of the
Constitution, The waters around, What is mandatory is the calling out of
between and connecting the islands of the people to defend the state. But the
the archipelago form part of the citizens including woman may render
INTERNAL WATERS. Under Article 49 (1) personal or military service.
of the U.N. Convention on the U.N.
Convention on the Law of the Sea, these
waters do not form part of the territorial State Immunity from Suit (2013)
sea but are described as archipelagic
waters. No.X. The Ambassador of the Republic of
Kafiristan referred to you for handling, the
case of the Embassy's Maintenance
Agreement with CBM, a private domestic
ARTICLE II Declaration of
company engaged in maintenance work.
Principles and State Policies The Agreement binds CBM, for a defined
fee, to maintain the Embassy's elevators,
Defense of State (2009)
Page 11 of 168
air-conditioning units and electrical Maintenance Agreement was in pursuit

facilities. Section 10 of the Agreement of a sovereign activity (Republic of the
provides that the Agreement shall be Indonesia vs. Vinzon, 405 SCRA 126).
governed by Philippine laws and that any
legal action shall be brought before the ALTERNATIVE ANSWER:
proper court of Makati. Kafiristan

No, the embassy cannot invoke
terminated the Agreement because CBM
immunity from suit, because it has been
allegedly did not comply with their agreed
provided under Section 10 of their
maintenance standards.
charter of agreement that Kafiristan
CBM contested the termiination and filed a expressly waived its immunity from suit.
complaint against Kafiristan before the This is supported by the provision on
Regional Trial Court of Makati. The Section 3, Article XVI of the 1987
Ambassador wants you to file a motion to Constitution, which says that the State
dismiss on the ground of state immunity may not be sued without its consent.
from suit and to oppose the position that Since consent was expressly given from
under Section 10 of the Agreement, their charter of agreement, the embassy
Kafiristan expressly waives its immunity cannot invoke immunity from suit.
from suit.
State Immunity from Suit (2013)

Under these facts, can the Embassy
successfully invoke immunity from suit?
No.I. In the last quarter of 2012, about
(6%)
5,000 container vans of imported goods
intended for the Christmas Season were
SUGGESTED ANSWER:
seized by agents of the Bureau of Customs.
Yes, the Embassy can invoke immunity The imported goods were released only on
from suit. Section 10 of the Maintenance January 10,2013. A group of importers got
Agreement is not necessarily a waiver of together and filed an action for damages
sovereign immunity from suit. It was before the Regional Trial Court of Manila
meant to apply in case the Republic of against the Department of Finance and the
Kafiristan elects to sue in the local Bureau of Customs.
courts or waives its immunity by a

The Bureau of Customs raised the defense
subsequent act. The establishment of a
of immunity from suit and, alternatively,
diplomatic mission is a sovereign
that liability should lie with XYZ Corp.
function. This encompasses its
which the Bureau had contracted for the
maintenance and upkeep. The
Page 12 of 168
lease of ten (10) high powered van cranes Moreover, the Bureau of Customs is a
but delivered only five (5) of these cranes, part of the Department of Finance, with
thus causing the delay in its cargo-handling no personality of its own apart from that
operations. It appears that the Bureau, of the national government. Its primary
despite demand, did not pay XYZ Corp. the function is governmental, that of
Php 1.0 Million deposit and advance rental assessing and collecting lawful revenues
required under their contract. from imported articles and all other
tariff and customs duties, fees, charges,
(A) Will the action by the group of importers fines, and penalties (Sec. 602, RA 1937).
prosper? (5%) This clearly explains the reason why the
Department of Finance also enjoys
SUGGESTED ANSWER:
immunity from suit.
No, the action of the group of importers

(B) Can XYZ Corp. sue the Bureau of
will not prosper. The primary function of
Customs to collect rentals for the delivered
the Bureau of Customs is governmental,
cranes? (5'%)
that of assessing and collecting lawful
revenues from imported articles and all SUGGESTED ANSWER:
other tariff and customs duties, fees,
charges, fines and penalties (Mobil No, XYZ corporation cannot sue the
Philippines Exploration, Inc. vs. Customs Bureau of Customs to collect rentals for
Arrastre Service, 18 SCRA 120). the delivered cranes. The contract was a
necessary incident to the performance of
ALTERNATIVE ANSWER: its governmental function. To properly
collect the revenues and customs duties,
No. The action by the group of importers
the Bureau of Customs must check to
will not prosper because the Supreme
determine if the declaration of the
Court said that the Bureau of Customs,
importers tallies with the landed
being an unincorporated agency without
merchandise. The cranes are needed to
a separate judicial personality, enjoys
haul the landed merchandise to a
immunity from suit. It is invested with
suitable place for inspection (Mobil
an inherent power of sovereignty,
Philippines Exploration, Inc. vs. Customs
namely the power of taxation; it
Arrastre Service, 18 SCRA 120).
performs governmental functions
(Farolan v. Court of Tax Appeals, 217 ALTERNATIVE ANSWER:
SCRA 298).
Page 13 of 168
No, XYZ corporation cannot sue the sustained by a pedestrian who was hit by a
Bureau of Customs because it has no glass pane that fell from a dilapidated
personality separate from that of the window frame of the municipal hall. The
Republic of the Philippines (Mobil municipality files a motion to dismiss the
Philippines Exploration, Inc. vs. Customs complaint, invoking state immunity from
Arrastre Service, 18 SCRA 120). suit. Resolve the motion with reasons. (3%).
State immunity as defense will not

No. Even in the exercise of proprietary
prosper because under the law, a
functions incidental to its primarily
municipal corporation can be sued and
governmental functions, an
be sued as expressly provided under the
unincorporated agency, in this case the
local government code. Furthermore,
Bureau of Customs, still cannot be sued
under the civil code, it can also be held
without its consent (Mobil Philippines
liable for damages for the death of, or
Exploration v. Customs Arrastre Service,
injury suffered by, any person by reason
18 SCRA 1120).
of the defective condition of roads,
ALTERNATIVE ANSWER: streets, bridges, public buildings and

other public works under their control or
Yes, XYZ Corporation may sue the supervision (art. 2189).
Bureau of Customs because the contract
In the present case, the municipal
is connected with a proprietary function,
building is under their control and
the operation of the arrastre service
supervision, thus, no immunity from
(Philippine Refining Company vs. Court
suit.
of Appeals, 256 SCRA 667). Besides, XYZ
Corporation leased its van cranes,
because the Bureau of Customs should
not be allowed to invoke state immunity ARTICLE III Bill of Rights
from suit (Republic vs. Unimex-Micro
Custodial Investigation; Extrajudicial
Electronics GmBH, 518 SCRA 19).
Confession (2013)
No.III. A robbery with homicide had taken

State Immunity from Suit (2009) place and Lito, Badong and Rollie were
invited for questioning based on the
No. IV. The Municipality of Pinatukdao is
sued for damages arising from injuries information furnished by a neighbor that he
Page 14 of 168
saw them come out of the victim's house at which include the maintenance of peace
about the time of the robbery/killing. The and order (People vs. Sunga, 399 SCRA
police confronted the three with this and 624).
other information they had gathered, and
pointedly accused them of committing the ALTERNATIVE ANSWER:
crime.
The judgment of conviction should be
Lito initially resisted, but eventually broke reversed. The police officers committed
down and admitted his participation in the an offense by confronting the three
crime. Elated by this break and desirous of accused. This is a violation to Section
securing a written confession soonest, the 12, Article III of the 1987 Constitution,
police called City Attorney Juan Buan to which states that any person under
serve as the trio's counsel and to advise investigation for the commission of an
them about their rights during the offense shall have the right to be
investigation. informed of his right to remain silent

and to have a competent and
Badong and Rollie, weakened in spirit by independent counsel preferably of his
Lito's early admission, likewise admitted own choice. If the person cannot afford
their participation. The trio thus signed a the services of counsel, he must be
joint extra-judicial confession which served provided with one. These rights cannot
as the main evidence against them at their be waived except in writing and in the
trial. They were convicted based on their presence of counsel.
confession.
ALTERNATIVE ANSWER:
Should the judgment of conviction be
affirmed or reversed on appeal? (5%) The Judgment of conviction should be
affirmed if the accused failed to object
SUGGESTED ANSWER: when their extrajudicial confession was
offered in evidence, which was rendered
The judgment of conviction should be it admissible (People vs. Samus, 389
reversed on appeal. It relied mainly on SCRA 93).
the extrajudicial confession of the
accused. The lawyer assisting them must
be independent. City Attorney Juan Eminent Domain; Public Purpose (2008)
Buan is not independent. As City

No. IV. Congress passed a law authorizing
Attorney, he provided legal support to
the National Housing Authority (NHA) to
the City Mayor in performing his duties,
Page 15 of 168
expropriate or acquire private property for vs. Secretary, G.R. No. L-10405, Dec. 29,
the redevelopment of slum areas, as well as 1960.) In this case, the main beneficiary
to lease or resell the property to private would be the private realty company.
developers to carry out the redevelopment The taking of private property and then
plan. Pursuant to the law, the NHA transferring it to private persons under
acquired all properties within a targeted the guise of public use is not within the
badly blighted area in San Nicolas, Manila power of eminent domain (Heirs of
except a well-maintained drug and Moreno vs. Mactan Airport, G.R. No.
convenience store that poses no blight or 156273, August 9, 2005).
health problem itself. Thereafter, NHA
initiated expropriation proceedings against
the store owner who protested that his Eminent Domain; Socialized Housing
property could not be taken because it is (2009)
not residential or slum housing. He also
No.XVII. Filipinas Computer Corporation
contended that his property is being
condemned for a private purpose, not a (FCC), a local manufacturer of computers
and computer parts, owns a sprawling
public one, noting the NHA’s sale of the
plant in a 5,000-square meter lot in Pasig
entire area except his property to a private
City. To remedy the city’s acute housing
party. If you were the judge, how would you
shortage, compounded by a burgeoning
decide the case? (6%).
population, the Sangguniang Panglungsod
SUGGESTED ANSWER: authorized the City Mayor to negotiate for
the purchase of the lot. The Sanggunian
The power of the NHA is a delegated
intends to subdivide the property into small
power of eminent domain, strictly
residential lots to be distributed at cost to
construed against its holder and limited
qualified city residents. But FCC refused to
to the public purpose of redevelopment
sell the lot. Hard pressed to find a suitable
of slum areas. The expropriation of a
property to house its homeless residents,
property already previously excluded for
the city filed a complaint for eminent
not posing a blight of health problem
domain against FCC.
lacks public purpose and exceeds the
delegated power of the NHA. (a) If FCC hires you as lawyer, what defense
or defenses would you set up in order to
ALTERNATIVE ANSWER:
resist the expropriation of the property?
The power of expropriation cannot be Explain.
used to benefit private parties (Pascual SUGGESTED ANSWER:
Page 16 of 168
The following are the defenses that I will The mode of expropriation is subject to
set up: 2 conditions:
a. No prior valid and definite offer a. It shall be resorted to only

was made when the other modes of
b. The expropriation is for socialized acquisition have been
housing therefore it must comply exhausted; and
with the order of preference of b. Parcels owned by small
the land to be acquired and the property owners are exempt
mode of acquisition. Under the from such acquisition. Small
law regarding expropriation for property owners are owners of
socialized housing, private lands residential lands with an area
is the last in line and the not more than 300 sq.m. in
expropriation proceeding is last highly urbanized cities and
resorted to if all other modes of not more than 800 sq.m. in
acquisition has already been other urban areas; and they do
exhausted. not own residential property
other than the same.
Order of expropriation for socialized (b) If the court grants the City’s prayer for
housing: expropriation, but the City delays payment
1. Government lands of the amount determined by the court as
2. Alienable lands of the public just compensation, can FCC recover the
domain property from pasig city?
3. Unregistered, abandoned or idle SUGGESTED ANSWER:
lands
Yes. As a general rule, non-payment of
4. Lands within the declared areas
just compensation does not entitle the
for priority development, zonal
landowner to recover possession of the
improvement program sites,
expropriated lots. Instead legal interest
slum improvement and
on just compensation should be paid
resettlement sites which have
(National Power Corporation vs.Henson,
not yet been acquired
300 SCRA 751 [1998]). However, in cases
5. BLISS sites which have not yet
where the government failed to pay the
been acquired
just compensation within 5 years from
6. Privately owned lands
the FINALITY OF THE JUDGMENT in the
expropriation proceedings, the owners
concerned shall have the right to recover
Page 17 of 168
possession of their property (Republic expropriation initiated by a local

vs. Lim, 462 SCRA 265 [2005]). government unit.
(c) Suppose the expropriation succeeds, but SUGGESTED ANSWER:

the city decides to abandon its plan to
TRUE. Under the Local Government
subdivide the property for residential
Code, there must be a prior valid and
purposes having found much bigger lot, can
definite offer before expropriation
FCC legally demand that it be allowed to
proceeding can be initiated (Section 19,
repurchase the property from the city of
Local Government Code).
Pasig? Why or why not?
SUGGESTED ANSWER:
It depends. The property owner’s right Equal Protection; Responsible

to repurchase the property depends Parenthood (2007)
upon the character of the title acquired
No.II. The City Mayor issues an Executive
by the expropriator, ie., if the land is
expropriated for a particular purpose Order declaring that the city promotes
responsible parenthood and upholds
with the condition that when that
natural family planning. He prohibits all
purpose is ended or abandoned, the
hospitals operated by the city from
property shall revert to the former
prescribing the use of artificial methods of
owner, then the former owner can re-
acquire the property (Heirs of Timoteo contraception, including condoms, pills,
intrauterine devices and surgical
Moreno vs. Mactan-Cebu International
sterilization. As a result, poor women in his
Airport Authority, 413 SCRA 502 [2003]).
city lost their access to affordable family
But if there is no such condition the planning programs. Private clinics,
owner cannot repurchase because the however, continue to render family
judgment in the expropriation case planning counsel and devices to paying
grants title to the lot in fee simple to the clients.
REPUBLIC.
(a) Is the Executive Order in any way
constitutionally infirm? Explain.
Eminent Domain; Valid and Definite
SUGGESTED ANSWER:
Offer (2010)
The Executive Order is constitutionally
No. XIII. a. A valid and definite offer to buy
infirm. Under the 1987 Constitution, the
a property is a pre-requisite to
State shall defend the right of spouses to
Page 18 of 168
establish a family in accordance with means to control their reproductive

their religious convictions and the processes. Moreover, since the national
demands of responsible parenthood. (Art. government has not outlawed the use of
XV, Sec. 3[1]). By upholding natural artificial methods of contraception, then
family planning and prohibiting city it would be against national policies. In
hospitals from prescribing artificial addition, the Mayor cannot issue
methods of contraception, the Mayor is such Executive Order without an
imposing his religious beliefs on spouses underlying ordinance. (Moday v, Court of
who rely on the services of city Appeals, G.R. No. 107916, February 20,
hospitals. This clearly violates the above 1997) Besides, the action of the Mayor
section of the Constitution. may be in violation of a person’s right to
privacy.
Moreover, the 1987 Constitution states ALTERNATIVE ANSWER:
that no person shall be denied the equal The executive order is constitutionally
protection of the laws. (Art. III, Sec. infirm. It violates Section 3(1), Article
1). The Constitution also provides that XV of the 1987 Constitution, which
the state shall promote a just and recognizes the right of the spouses to
dynamic social order that will ensure the found a family in accordance with the
prosperity and independence of the demands of responsible parenthood
nation and free the people from poverty which includes the artificial method.
through policies that provide ALTERNATIVE ANSWER:
adequate social services, promote full The Executive order is constitutionally
employment, a rising standard of infirm. When Section 12, Article II of the
living and an improved quality of life for 1987 Constitution provides that the
all. (Art. II, Section 9). The loss of access State shall equally protect the life of the
of poor city women to family planning mother and the life of the unborn from
programs is discriminatory and creates conception, it is prohibiting abortion
suspect classification. It also goes only and not the use of artificial
against the demands of social justice as contraceptives (Record of the
enshrined in the immediately preceding Constitutional Commission, Vol. IV.
provision. Pp.683, 711 and 760).
ALTERNATIVE ANSWER:
The Executive Order is constitutionally (c) May the Commission on Human Rights
infirm. It constitutes an invalid exercise order the Mayor to stop the implementation
of police power and violates substantive of the Executive Order? Explain.
due process by depriving people of the SUGGESTED ANSWER:
Page 19 of 168
No, the power of the Commission on judge this case, will you exonerate
Human Rights (CHR) is limited to fact- Angelina? Reasons. (3%)
finding investigations. Thus, it cannot
SUGGESTED ANSWER:
issue an “order to desist” against the
mayor, inasmuch as the order prescinds Yes. (Estrada vs Escritor, August, 4,
from an adjudicatory power that CHR 2003 and June 22, 2006) – Right to
does not possess. (Simon v. Commission freedom of religion must prevail.
on Human Rights, G.R. No. 100150, Benevolent neutrality recognizes that
January 5, 1994; Cariño v. Commission government must pursue its secular
on Human Rights, G.R. No. 96681, goals and interests, but at the same
December 2, 1991.) time, strive to uphold religious liberty to
the greatest extent possible within
flexible constitutional limits.
Freedom of Religion; Benevolent
Although the morality contemplated by
Neutrality Test (2009)
laws is secular, benevolent neutrality
No. XVI. (a) Angelina, a married woman, is could allow for accommodation of
a division chief in the Department of morality based on religion, provided it
Science and Technology. She had been does not offend compelling state
living with a married man, not her interest.
husband, for the last 15 years.
Administratively charged with immorality Benevolent neutrality approach requires
and conduct prejudicial to the best interest that the court make an individual
to the service, she admits her live-in determination and not dismiss the claim
arrangement, but maintains that this outright.
conjugal understanding is in conformity
(b) Meanwhile, Jenny, also a member of
with their religious beliefs. As members of
Yahweh’s Observers, was severely
the religious sect, Yahweh’s Observers, they
disappointed at the manner the Grand
had executed a Declaration of Pledging
Elder validated what she considered was on
Faithfulness which has been confirmed and
obviously immoral conjugal arrangement
blessed by their Council of Elders. At the
between Angelina and her partner. Jenny
formal investigation of the administrative
filed suit in court, seeking the removal of
case, the Grand Elder of the sect affirmed
the Grand Elder from the religious sect on
Angelina’s testimony and attested to the
the ground that his act in supporting
sincerity of Angelina and her partner in the
Angelina not only ruined the reputation of
profession of their faith. If you were to
Page 20 of 168
their religion, but also violated the exercising his freedom of speech and
constitutional policy upholding the sanctity freedom of expression guaranteed by the
of marriage and the solidarity of the family. Bill of Rights. Decide with reasons. (5%)
Will Jenny’s case prosper? Explain you
answer. SUGGESTED ANSWER:
SUGGESTED ANSWER:
Pedrong Pula should be acquitted. His
The case will not prosper. The freedom of speech should not be limited
expulsion/excommunication of members in the absence of a clear and present
of a religious institution/organization is danger of a substantive evil that the
a matter best left to the discretion of the state had the right to prevent. He
officials, and the laws and canons, of pretended to hurl a rock but did not
said institution/organization. (Taruc v. actually throw it. He did not commit any
Bishop dela Cruz, et al. Mar. 10, 2005). act of lawless violence. (David vs.
Macapagal-Arroyo, 489 SCRA 160).
(b) What is "commercial speech"? Is it

Freedom of Speech; Commercial Speech;
entitled to constitutional protection? What
Prohibitions (2007)
must be shown in order for government to
No.IX. In a protest rally' along Padre Faura curtail "commercial speech"? Explain. (3%)
Street, Manila, Pedrong Pula took up the
SUGGESTED ANSWER:
stage and began shouting "kayong mga
kurakot kayo! Magsi-resign na kayo! Kung
Commercial speech is communication
hindi, manggugulo kami dito!" ("you corrupt
which involves only the commercial
officials, you better resign now, or else we
interest of the speaker and the audience,
will cause trouble here!") Simultaneously,
such as advertisements. (Black’s Law
he brought out a rock the size of a· fist and
dictionary, 9th ed., p.1529.)
pretended to hurl it at the flagpole area of a
government building. He did not actually Commercial speech is entitled to
throw the rock. constitutional protection. (Ayer
Productions Pty. Ltd. vs. Capulong, 160
(a) Police officers who were monitoring the
SCRA 861.)
situation immediately approached Pedrong
Pula and arrested him. He was prosecuted Commercial speech may be required to
for seditious speech and was convicted. On be submitted to a government agency for
appeal, Pedrong Pula argued he was merely review to protect public interests by
Page 21 of 168
preventing false or deceptive claims. campaign. Can Destilleria Felipe Segundo

(Pharmaceutical and Health Care claim that its constitutional rights are thus
Association of the Philippines vs. Duque, infringed?
535 SCRA 265.) SUGGESTED ANSWER:
Destilleria Felipe Segundo cannot claim
(c) What are the two (2) basic prohibitions that its constitutional rights were
of the freedom of speech and of the press infringed. In this case, a private
clause? Explain. (2%) association formed by advertising
companies for self regulation was the
SUGGESTED ANSWER:
one who ordered that the advertisement
be pulled out, because Destilleria did not
The two basic prohibitions on freedom of
comply with the association’s ethical
speech and freedom of the press are
guidelines. The guarantee of freedom of
prior restraint and subsequent
speech is a limitation on state action
punishment (Chavez vs. Gonzales, 545
and not on the action of private parties
SCRA 441.)
(Lloyd Corporation vs. Tanner, 407 U.S.
551 [1972]). The mass media are private
enterprises, and their refusal to accept
Freedom of Speech; Private Parties; Prior
any advertisement does not violate
Restraint (2007)
freedom of speech (Times-Picayune
The Destilleria Felipe Segundo is famous for Publishing Company vs. United States,
its 15-year old rum, which it has produced 345 U.S. 594 [1953]; Columbia
and marketed successfully for the past 70 Broadcasting System, Inc. vs. Democrat
years. Its latest commercial advertisement Control Committee, 412 U.S. 94 [1973])
uses the line: "Nakatikim ka na ba ng kinse ALTERNATIVE ANSWER:
anyos?" Very soon, activist groups No, Destillera Felipe Segundo may not
promoting women's and children's rights claim that its constitutional rights,
were up in arms against the advertisement. particularly freedom of expression, have
been infringed. The constitutional
(a) All advertising companies in the guarantee of freedom of speech is a
Philippines have formed an association, the guarantee only against abridgment by
Philippine Advertising Council, and have the government and does not apply to
agreed to abide by all the ethical guidelines private parties. (People v. Marti, G.R. No.
and decisions by the Council. In response 81561, January 18, 1991). Moreover,
to the protests, the Council orders the pull- Destilleria freely joined the Philippine
out of the "kinse anyos" advertising Advertising Council and is therefore
Page 22 of 168
bound by the ethical guidelines and the guarantee of freedom of speech.

decisions of that council. Freedom of speech extends to
ALTERNATIVE ANSWER: commercial establishments (Metromedia,
No. Constitutional rights can be validly Inc. vs. San Diego, 453 U.S. 490 [1981]).
restricted to promote good morals. The mere fact that an advertisement is
Moreover, what is being exercised is offensive cannot justify its suppression
commercial expression which does not (Carey vs. Population Services
enjoy the same extent of freedom as International, 431 U.S. 678 [1977]). The
political or artistic speech. (Central blocking of advertising funds is a threat
Hudson Gas & Electric v. PSC, 447 U.S. intended to prevent the exercise of
557 [1980]). The order for the withdrawal freedom of speech of Destilleria Felipe
comes not from the State but from a Segundo through the fear of
private group of advertisers which is not consequences. Sucha threat qualifies as
within the coverage of the Bill of Rights. prior restraint (Rosden, The Law of
Advertising, Vol. I, pp.5-13).
(b) One of the militant groups, the Amazing ALTERNATIVE ANSWER:
Amazonas, call on all government-owned They may comply with such call as these
and controlled corporations (GOCC) to entities may institute certain measures
boycott any newspaper, radio or TV station to promote a socially desirable end,
that carries the "kinse anyos" namely, the prevention of the
advertisements. They call on all government exploitation and abuse of women,
nominees in sequestered corporations to especially those who are not yet of age.
block any advertising funds allocated for ALTERNATIVE ANSWER:
any such newspaper, radio or TV station. The GOCCs and sequestered
Can the GOCCs and sequestered corporations may not be compelled to
corporations validly comply? boycott or block advertising funds for
SUGGESTED ANSWER: media companies carrying the said
The government owned and controlled advertisements. These companies may
corporations and the government have existing contracts with the media
nominees in sequestered corporations companies concerned and non-
cannot block any advertising funds compliance may result in breach that
allocated for any newspaper, radio or will open them to possible suits.
television station which carries the
advertisements of Destilleria Felipe
Freedom of Speech; Symbolic Expression
Segundo. Since they are government
(2008)
entities and officers, they are bound by
Page 23 of 168
No.XVI. Nationwide protests have erupted and freedom from subsequent liability.
over rising gas prices, including disruptive There are three tests to determine
demonstrations in many universities, whether or not there was valid
throughout the country. The Metro Manila government interference: (1) dangerous
State University, a public university, tendency rule; (2) balancing of interest
adopted a university-wide circular test; and (3) clear and present danger
prohibiting public mass demonstrations test. In the Philippine jurisdiction, we
and rallies within the campus. Offended by adhere to the clear and present danger
the circular, militant students spread word test (ABS-CBN Broadcasting Corp. vs.
that on the following Friday, all students Comelec, G.R. No. 133486, Jan. 28,
were to wear black T-shirts as a symbol of 2000). This test simply means that there
their protest both against high gas prices is clear and present danger of a
and the university ban on demonstrations. substantive evil which the State has the
The effort was only moderately successful, right to prevent.
with around 30% of the students heeding
Applying the clear and present danger
the call. Nonetheless, university officials
test, the protest conducted by the
were outraged and compelled the student
students was only moderately successful
leaders to explain why they should not be
and the wearing of black shirts was
expelled for violating the circular against
neither tumultuous nor disruptive. Thus,
demonstrations.
the substantive evil which the school
The student leaders approached you for authorities were trying to suppress did
legal advice. They contended that they not even occur. Therefore, the
should not be expelled since they did not prohibition imposed by the circular
violate the circular, their protest action violates freedom from prior restraint
being neither a demonstration nor a rally while the threat of expulsion by the
since all they did was wear black T-shirts. school authorities violates freedom from
What would you advise the students? (6%) subsequent liability.
SUGGESTED ANSWER:
The wearing of black shirts is an exercise Freedom of the Press; Prior Restraint
of freedom of expression and not (2009)
necessarily freedom of assembly.
No.XV. The KKK Television Network (KKK-
Regardless of the distinction, in both
TV) aired the documentary, "Case Law: How
cases, the Constitutional guaranty
the Supreme Court Decides," without
includes freedom from prior restraint
Page 24 of 168
obtaining the necessary permit required by prior restraint has against it a heavy
P.D. 1986. Consequently, the Movie and presumption against its validity. Prior
Television Review and Classification Board restraint is an abridgment of the
(MTRCB) suspended the airing of KKK-TV freedom of expression. There is no
programs. MTRCB declared that under P.D. showing that the airing of the programs
1986, it has the power of prior review over would constitute a clear and present
all television programs, except "newsreels" danger (New York Times vs. United
and programs "by the Government", and States, 403 U.S. 713 [1971]).
the subject documentary does not fall
(b) While Memorandum Circular No. 98-17
under either of these two classes. The
was issued and published in a newspaper
suspension order was ostensibly based on
of general circulation, a copy thereof was
Memorandum Circular No. 98-17 which
never filed with the Office of the National
grants MTRCB the authority to issue such
Register of the University of the Philippines
an order.
Law Center. (2%)
KKK-TV filed a certiorari petition in court,
SUGGESTED ANSWER:
raising the following issues:
In accordance with Chapter 2, Book VII
(a) The act of MTRCB constitutes "prior
of the Administrative Code of 1987,
restraint" and violates the constitutionally
Memorandum Circular No. 98-17 must be
guaranteed freedom of expression; (3%)
filled with the University of the
SUGGESTED ANSWER: Philippines Law Center. It cannot be
enforced until it has been filed with the
The contention of KKK-TV is not
University of the Philippines Law Center
tenable. The prior restraint is a valid
(Pilipinas Shell Petroleum Corporation vs
exercise of police power. Television is a
Commissioner of Internal Revenue, 541
medium which reaches even the eyes
SCRA 316 [2007]).
and ears of children (Iglesia ni Cristo vs.
Court of Appeals, 259 SCRA 529 [1996]).
ALTERNATIVE ANSWER: Hierarchy of Civil Liberties; Freedom of

Religion; Search and Seizure (2012)
The memo circular is unconstitutional.
The act of the Movie and Television No.X. (a).What do you understand by the
Review and Classification Board term "hierarchy of civil liberties"? Explain.
Constitutes prior restraint and violates (5%)
freedom of expression. Any system of
Page 25 of 168
SUGGESTED ANSWER: religion. (Everson vs. Board of

Education, 330 U.S. 1.)
The hierarchy of civil liberties means
that freedom of expression and the (c) When can evidence "in plain view" be
rights of peaceful assembly are superior seized without need of a search warrant?
to property rights. (Philippine Blooming Explain. (2%)
Mills Employees Organization vs.
Philippine Blooming Mills Company, SUGGESTED ANSWER:
Inc., 51 SCRA 189.)

Evidence in plain view can be seized
(b) Distinguish fully between the "free without need of search warrant if the
exercise of religion clause" and the "non- following elements are present:
establishment of religion clause". (3%)

(1) There was a prior valid intrusion
SUGGESTED ANSWER: based on the valid warrantless arrest in

which the police were legally present
The freedom of exercise of religion pursuant of their duties;
entails the right to believe, which is
absolute, and the right to act on one’s (2) The evidence was inadvertently
belief, which is subject to regulation. As discovered by the police who had the
a rule, the freedom of exercise of religion right to be where they were;
can be restricted only if there is a clear

(3) The evidence must be immediately
and present danger of a substantive evil
apparent; and
which the state has the right to prevent.
(Iglesia Ni Cristo vs. Court of Appeals,
(4) Plain view justified seizure of the
259 SCRA 529.)
evidence without further search. (Del
Rosario vs. People, 358 SCRA 372.)
The non-establishment clause
implements the principle of separation
of church and state. The state cannot set
up a church, pass laws that aid one Liberty of Abode; Right to Travel (2012)
religion, and all religions, prefer one
religion over another, force or influence No. I. Mr. Violet was convicted by the RTC
a person to go to or remain away from of Estafa. On appeal, he filed with the Court
church against his will, or force him to of Appeals a Motion to Fix Bail for
profess a belief or disbelief in any Provisional Liberty Pending Appeal. The

Court of Appeals granted the motion and
Page 26 of 168
set a bail amount in the sum of Five (5) SUGGESTED ANSWER

Million Pesos, subject to the conditions that
he secure "a certification/guaranty from the The liberty of abode and the right to
Mayor of the place of his residence that he travel are not absolute. The liberty of
is a resident of the area and that he will abode and changing it can be imposed
remain to be a resident therein until final within the limits prescribed by law upon
judgment is rendered or in case he lawful order of the court. The right to
transfers residence, it must be with prior travel may be unpaired in the interest of
notice to the court". Further, he was national security, public safety, or public
ordered to surrender his passport to the health as may be provided by law.
Division Clerk of Court for safekeeping until (Section 6, Article III of the
the court orders its return. Constitution.) in addition, the court has
the inherent power to restrict the right
(a) Mr. Violet challenges the conditions of an accused who has pending criminal
imposed by the Court of Appeals as case to travel abroad to maintain its
violative of his liberty of abode and right to jurisdiction over him. (Santiago vs.
travel. Decide with reasons. (5%) Vasquez, 217 SCRA 633.)
SUGGESTED ANSWER
Overbreadth Doctrine vs. Void for

The right to change abode and the right
Vagueness (2012)
to travel are not absolute. The liberty of
changing abode may be unpaired upon
No. VIII. (a) What is the doctrine of
order of the court. The order of the
"overbreath"? In what context can it be
Court of Appeals is lawful, because
correctly applied? Not correctly applied?
purpose is to ensure that the accused
Explain (5%)
will be available whenever his presence
is required. He is not being prevented SUGGESTED ANSWER:
from changing its abode. He is merely
being required to inform the Court of A statute is overbroad when a
Appeals if he does. (Yap vs. Court of governmental purpose to control or
Appeals, 358 SCRA 564.) prevent activities constitutionally
subject to state regulations is sought to
(b) Are "liberty of abode" and "the right to be achieved by means which sweep
travel" absolute rights? Explain. What are unnecessarily broadly and invade the
the respective exception/s to each right if area of protected freedom. It applies
any? (5%)
Page 27 of 168
both to free speech cases and penal Overbreadth Doctrine vs. Void for
statutes. However, a facial challenge on Vagueness (2010)
the ground of overbreadth can only be
No. XXIV. Compare and contrast
made in free speech cases because of its
“Overbreadth” doctrine from void-for
chilling effect upon protected speech. A
vagueness doctrine.
facial challenge on the ground of
overbreadth is not applicable to penal SUGGESTED ANSWER:
statutes, because in general they have
While the overbreadth doctrine decrees
an in terrorem effect. (Southern
Hemisphere Engagement Network, Inc. that a governmental purpose may not be
achieved by means in a statute which
vs. Anti-Terrorism Council, 632 SCRA
sweep unnecessary broadly and thereby
146.) (NOTE: The word “overbreath”
should read “overbreadth” because invades the area of protected freedom a
statute is void for vagueness when it
breath has no limit especially if it is bad
forbids or requires the doing of an act in
breath.)
terms so vague that men of common
(b) What is the doctrine of "void for intelligence cannot necessarily guess at
vagueness"? In what context can it be its meaning and differ as to its
correctly applied? Not correctly applied? application. (Estrada vs. Sandiganbayan,
Explain (5%) 369 vs. SCRA 394 [2001]).
ALTERNATIVE ANSWER:
SUGGESTED ANSWER
Overbreadth and Void for Vagueness

A statute is vague when it lacks
doctrine is used as test for the validity
comprehensible standards that men of
on their faces (FACIAL CHALLENGE)
common intelligence that guess at its
statutes in free speech cases (freedom of
meaning and differ as to its application.
speech). It is not applicable in criminal
It applies to both free speech cases and
cases.
penal statutes. However, a facial
challenge on the ground of vagueness Overbreadth doctrine decrees that
can be made only in free speech cases. It governmental purpose may not be
does not apply to penal statutes. achieved by means which sweeps
(Southern Hemisphere Engagement unnecessarily broadly and thereby
Network, Inc. vs. Anti-Terrorism Council, invade the area of protected freedoms.
632 SCRA 146.)
“Void for vagueness doctrine" which
holds that "a law is facially invalid if
Page 28 of 168
men of common intelligence must Properties Corporation, 506 SCRA 625

necessarily guess at its meaning and [2006]).
differ as to its application, violates the
ALTERNATIVE ANSWER:
first essential of due process of law.
Petition will not prosper. The obnoxious
odor emitted from the processing plant
Police Power; Abatement of Nuisance is a nuisance per se which can be
(2010) summarily abated by the city
government. Even if we consider it a
No. XIV. ABC operates an industrial waste
nuisance per accidens, the cease and
processing plant within Laoag City.
desist order to stop the operations of the
Occasionally, whenever fluid substances
plant is still valid because there had
are released through a nearby creek,
been compliance with due process, that
obnoxious odor is emitted causing dizziness
is, the opportunity to be heard has been
among residents in Barangay La Paz. On
given.
complaint of the Punong Barangay, the City
Mayor wrote ABC demanding that it abate
the nuisance. This was ignored. An
Police Power; Prohibition of Gambling
invitation to attend a hearing called by the
(2009)
Sangguniang Panlungsod was also declined
by the president of ABC. The city To address the pervasive problem of
government thereupon issued a cease and gambling, Congress is considering the
desist order to stop the operations of plant, following options: (1) prohibit all forms of
prompting ABC to file a petition for gambling; (2) allow gambling only on
injunction before the RTC, arguing that the Sundays; (3) allow gambling only in
city government did not have any power to government-owned casinos; and (4) remove
abate the alleged nuisance. Decide with all prohibition against gambling but impose
reasons.(3%) a tax equivalent to 30% on all winnings.
SUGGESTED ANSWER: (a) If Congress chooses the first option and

passes the corresponding law absolutely
The city government has no power to
prohibiting all forms of gambling, can the
stop the operations of the plant. Since
law be validly attacked on the ground that
its operations is not a nuisance per se,
it is an invalid exercise of police power?
the city government cannot abate it
Explain your answer (2%)
extrajudicially. A suit must be filed in
SUGGESTED ANSWER:
court. (AC Enterprises, Inc. vs. Frabelle
Page 29 of 168
Yes. although the Congress has the A tax of 30% on winnings from gambling
plenary power to enact law and interfere does not violate due process as to the
with the personal liberty and property in reasonableness of the rate of the tax
order to promote the general welfare, the imposed. Taxes on non-useful
exercise of police power is subject to 2 enterprises may be increased to restrain
test: 1. Lawful subject – refers to the the number of persons who might
interest of the General Public requiring otherwise engage in it (Ermita-Malate
the interference of the State and 2. Hotel and Motel Operatos Association,
Lawful means – refers to the reasonable Inc. vs. City Mayor of Manila, 20 SCRA
means employed necessary for the 849 [1967]). Taxes may be imposed for
accomplishment of its objective and not the attainment of the objective of police
duly oppressive upon individuals. power (Lutz vs. Araneta, 98 Phil. 148
[1955]).
Basis of the exercise of police power:
(1) Sic utere tuo et alienum non laedas –

Privacy of Communication (2009)
use your property so that you do not
injure that of another No.VI. In criminal prosecution for murder,
the prosecution presented, as witness, an
(2) Salus populi est suprema lex – the employee of the Manila Hotel who produced
welfare of the people is the highest law in court a videotape recording showing the
heated exchange between the accused and
(b) If Congress chooses the last option and the victim that took place at the lobby of
passes the corresponding law imposing a the hotel barely 30 minutes before the
30% tax on all winnings and prizes won killing. The accused objects to the
from gambling, would the law comply with admission of the videotape recording on the
the constitutional limitations on the ground that it was taken without his
exercise of the power of taxation? Explain knowledge or consent, in violation of his
you answer (2%) right to privacy and the Anti-Wire Tapping
SUGGESTED ANSWER: law. Resolve the objection with reasons.
(3%).
NO. Because the lawful means is not
reasonably necessary for the SUGGESTED ANSWER:
accomplishment of its objective. It adds
The objection should be overruled. What
more burden upon individuals.
the law prohibits is the overhearing,
ALTERNATIVE ANSWER: intercepting, and recording of private
Page 30 of 168
communication. Since the exchange of Yes, the authorities are given the power
heated words was not private, its to stop marchers who do not possess a
videotape recording is not prohibited permit. However, mere exercise of the
(Navarro vs. Court of Appeals, 313 SCRA right to peaceably assemble is not
153 [1999]). considered as a danger to public safety.
They could have been asked to disperse
ALTERNATIVE ANSWER:
peacefully, but it should not altogether
The heated conversation at the lobby of be characterized as posing a danger to

the hotel is not privilege and is not public safety. (Bayan v. Ermita, G.R. No.
protected under the right to privacy and 169848, April 25, 2006; David v. Arroyo,
anti-wire tapping law. Heated G.R. No. 171390, May 3, 2006).

conversation is not privilege because it ALTERNATIVE ANSWER:
was uttered in a public place and it has Since the protesters merely reached
to be revealed in open court to help in three meters beyond the boundary of

the prosecution of the case. Quezon City, the police authorities in
Manila should not have stopped them, as
there was no clear and present danger to
Right to Assembly; Permit (2007) public order. In accordance with the

policy of maximum tolerance, the police
No.VII. Batas Pambansa 880, the Public authorities should have asked the
Assembly Law of 1985, regulates the protesters to disperse and if they
conduct of all protest rallies in the refused, the public assembly may be
Philippines. dispersed peacefully.
ALTERNATIVE ANSWER:
(a) Salakay, Bayan! held a protest rally and No, this is not a valid exercise of police
planned to march from Quezon City to power. Police power has been defined as
Luneta in Manila. They received a permit the power of promoting public welfare by
from the Mayor of Quezon City, but not restraining and regulating the use of
from the Mayor of Manila. They were able to liberty and property. (City of Manila v.
march in Quezon City and up to the Laguio, G.R. No. 118127, April 12, 2005).
boundary separating it from the City of It is principally the Legislature that
Manila. Three meters after crossing the exercises the power but it may be
boundary, the Manila Police stopped them delegated to the President and
for posing a danger to public safety. Was administrative agencies. Local
this a valid exercise of police power? government units exercise the power
SUGGESTED ANSWER: under the general welfare clause. In this
Page 31 of 168
case, if Salakay applied for a permit from vehicles so as not to inconvenience

the city government, the application other uses of the Expressway.
must be approved or denied within two ALTERNATIVE ANSWER:
(2) working days from the date it was Yes. While the protesters possess the
filed, failing which, the permit shall be right to freely express themselves, their
deemed granted. (Section 16, B.P. Blg. actuations may pose a safety risk to
880). Even without a permit, the law other motorists and therefore be the
does not provide for outright stopping of subject of regulation. The security police
the march if the demonstrators, for may undertake measures to prevent any
example, were marching peacefully hazard to other motorists but not
without impeding traffic. altogether prevent the exercise of the
right. So, to that extent, while the
(b) The security police of the Southern protesters maybe asked to remove the
Luzon Expressway spotted a caravan of 20 banners which pose hazard to other
vehicles, with paper banners taped on their motorists and prevent them from using
sides and protesting graft and corruption in the expressway as a venue for their
government. They were driving at 50 march, the security force may not
kilometers per hour in a 40-90 kilometers prevent them from proceeding to where
per hour zone. Some banners had been they might want to go.
blown off by the wind, and posed a hazard ALTERNATIVE ANSWER:
to other motorists. They were stopped by In accordance with the policy of
the security police. The protesters then maximum tolerance, the security policy
proceeded to march instead, sandwiched should not have stopped the protesters.
between the caravan vehicles. They were They should have simply asked the
also stopped by the security force. May the protesters to take adequate steps to
security police validly stop the vehicles and prevent their banners from being blown
the marchers? off, such as rolling them up while they
SUGGESTED ANSWER: were in the expressway and required the
Yes, the security police may stop the protesters to board their vehicles and
vehicles and the marchers but only to proceed on their way.
advise the leaders to secure their
banners so that it will not pose a hazard
Right to Information; Matters of Public
to others. They may not be prevented
Concern (2009)
from heading to their destination. The
marchers may also be ordered to ride the No. XIV. The Philippine Government is
negotiating a new security treaty with the
Page 32 of 168
United States which could involve public scrutiny. The interest protected
engagement in joint military operations of being the national security and integrity
the two countries’ armed forces. A loose of the State on how can it be trusted in
organization of Filipinos, the Kabataan at terms of diplomatic secrets.
Matatandang Makabansa (KMM) wrote the
(b) Will your answer be the same if the
Department of Foreign Affairs (DFA) and the
information sought by KMM pertains to
Department of National Defense (DND)
contracts entered into by the Government
demanding disclosure of the details of the
in its proprietary or commercial capacity?
negotiations, as well as copies of the
Why or why not? (3%)
minutes of the meetings. The DFA and the
SUGGESTED ANSWER:
DND refused, contending that premature
disclosure of the offers and counter-offers KKM is entitled to have access to
between the parties could jeopardize on- information pertaining to government
going negotiations with another country. contracts entered into by the
KMM filed suit to compel disclosure of the Government in the exercise of its
negotiation details, and be granted access proprietary commercial capacity. The
to the records of the meetings, invoking the right to information under the
constitutional right of the people to Constitution does not exclude contracts
information on matters of public concern. of public interest and are not privileged
(Section 7, Article III of the
(a) Decide with reasons. (3%)
Constitution; Valmonte vs. Belmonte,
SUGGESTED ANSWER:
170 SCRA 256 [1989]).
The petition of KMM must be denied.
ALTERNATIVE ANSWER:
Diplomatic negotiations are privileged in
order to encourage a frank exchange of If what is sought is the final contract
exploratory ideas between the parties by itself then the information must be open
shielding the negotiations from public to the public for transparency and for
view (Akbayan Citizens Action Party vs. awareness and information. But if what
Aquino, 558 SCRA 468 [2008]). were sought were the negotiations or
communications in arriving at the final
ALTENATIVE ANSWER:
contract, the information sought
The information sought to be disclose by remains privileged. An interest need to
the parties is a diplomatic negotiation be protected.
between States and is considered
privileged. it cannot be subjected to
Page 33 of 168
Rights of the Accused; Right to Bail William was not denied with his Miranda
(2009) rights. True that he has the right to
counsel preferably of his choice. But if
No.XII. William, a private American Citizen,
he cannot afford the services of a
a university graduate and frequent visitor
counsel, he should be provided with one.
to the Philippines, was inside the US
embassy when he got into a heated Moreover, the Miranda rights are
argument with a private Filipino citizen. available only during custodial
Then, in front of many shocked witnesses, investigation that is, from the moment
he killed the person he was arguing with. the investigating officer begins to ask
The police came, and brought him to the questions for the purpose of eliciting
nearest police station. Upon reaching the admissions, confessions or any
station, the police investigator, in halting information from the accused. therefore,
English, informed William of his Miranda it is proper that he was only informed of
rights, and assigned him an independent his right at the police station.
local counsel. William refused the services
ALTENATIVE ANSWER:
of the lawyer, and insisted that he be
assisted by a Filipino lawyer currently The fact that the police officer gave him
based in the US. The request was denied, the Miranda warning in halting English
and the counsel assigned by the police does not detract from its validity. Under
stayed for the duration of the investigation. Section 2(b) of Republic Act No. 7438, it
is sufficient that the language used was
William protested his arrest.
known to and understood by him.
(b) He also claimed that his Miranda Rights William need not be given the Miranda
were violated because he was not given the warning before the investigation started.
lawyer of his choice; that being an William was not denied his Miranda
American, he should have been informed of rights. It is not practical to require the
his rights in proper English; and that he police officer to provide a lawyer of his
should have been informed of his rights as own choice from the United States
soon as he was taken into custody, not (Gamboa vs. Cruz, 162 SCAR 642,
when he was already at the police station. [1998]).
Was William denied his Miranda rights?
(c) If William applies for bail, claiming that
Why or why not?
he is entitled thereto under the
SUGGESTED ANSWER:
international standard of justice and that
he comes from a US State that has
Page 34 of 168
outlawed capital punishment, should

William be granted bail as a matter of right? In the present case, JC is charged with
Reasons. murder which has a penalty of reclusion
SUGGESTED ANSWER: perpetua, hence he cannot be allowed
bail. However, should the evidence of
William is not entitled to bail as a matter
guilt be found weak after hearing, the
of right. His contention is not tenable.
court may in its discretion, fix bail for
Observing the territorial jurisdiction of
temporary liberty.
commission of the offense, the
applicable law in the case is Philippine
(b) Assume that upon being arraigned, JC
laws not the law of the country to where
entered a plea of guilty and was allowed to
he is a national (Section 13, Art. III of
present evidence to prove mitigating
the Constitution). Under our law, bail is
circumstances. JC then testified to the
not a matter of right if the felony or
effect that he stabled the deceased in self-
offense committed has an imposable
defense because the latter was strangling
penalty of reclusion perpetua or higher
him and that he voluntarily surrendered to
and the evidence of guilt is strong.
the authorities. Subsequently, the trial
court rendered a decision acquittal violate
JC’s right against double jeopardy? Why or
Rights of the Accused; Right to Bail;
why not? (3%)
Double Jeopardy (2008) SUGGESTED ANSWER:
No. VII. JC, a major in the Armed Forces of

By presenting evidence of self-defense,
the Philippine, is facing prosecution before
JC effectively withdrew his plea of guilty
the Regional Trial Court of Quezon City for
(Peo vs. Balisacan, G.R. No. L-26376,
the murder of his neighbor whom he
Aug. 31, 1966). In the absence of a valid
suspected to have molested his (JC’s) 15
plea, an essential element for
year-old daughter.
jurisdiction of the Court and first
(a) Is JC entitled to bail? Why or why not? jeopardy was absent. Consequently, the
(3%) court had no jurisdiction to acquit JC.
SUGGESTED ANSWER: Thus, an appeal by the prosecution

would not violate the rule against second
As a general rule, bail is not a matter of jeopardy.
right when the offense charged carries ALTERNATIVE ANSWER:
with an imposable penalty of reclusion
perpetua or higher. Double jeopardy sets in when the first
jeopardy has attached. There is already
Page 35 of 168
first jeopardy when the accused has questions were to be asked from the
validly entered his plea before the vendors.
appropriate court having jurisdiction
over the subject matter and his person (a) Brown, afraid of a "set up" against him,
and that he has been convicted or demanded that he be allowed to secure his
acquitted or that the case against him lawyer and for him to be present during the
has been terminated without his express police line-up. Is Brown entitled to counsel?
consent. Explain (5%)
SUGGESTED ANSWER
In the present case, JC validly entered
his plea of guilty but during the
Brown is not entitled to counsel during
presentation of evidence he submits
the police line-up. He was not yet being
evidence of self-defense. the
asked to answer for a criminal offense.
consequence thereof is for the court to
(Gamboa vs. Cruz, 162 SCRA 642.)
withdraw the plea of guilty and enter a
plea of not guilty. The validity of (b) Would the answer in (a.) be the same if
entering his plea is not affected. Brown was specifically invited by White
because an eyewitness to the crime
Therefore, his acquittal shall bar any identified him as the perpetrator? Explain.
similar indictment that may be filed (3%)
against him because of double jeopardy.
SUGGESTED ANSWER
Rights of the Accused; Right to Counsel Brown would be entitled to the
(2012) assistance of a lawyer. He was already

considered as a suspect and was
No. III. Mr. Brown, a cigarette vendor, was therefore entitled to the rights under
invited by PO1 White to a nearby police custodial investigation. (People vs.
station. Upon arriving at the police station, Legaspi, 331 SCRA 95.)
Brown was asked to stand side-by-side with
five (5) other cigarette vendors in a police (c) Briefly enumerate the so-called "Miranda
line-up. PO1 White informed them that they Rights". (2%)
were looking for a certain cigarette vendor

SUGGESTED ANSWER
who snatched the purse of a passer-by and
the line-up was to allow the victim to point
The Miranda warning means that a
at the vendor who snatched her purse. No
person in custody who will be
Page 36 of 168
interrogated must be informed of the Arnold did not contest the guard's
following: statement; he steadfastly remained silent
and refused to give any written statement.
(a) He has the right to remain silent; Later in court, the guard testified and
narrated the statements he gave the police
(b) Anything said can be used as
over Arnold's counsel's objections. While
evidenced against him;
Arnold presented his own witnesses to
prove that his possession and apprehension
(c) He has the right to have counsel
had been set-up, he himself did not testify.
during the investigation; and
The court convicted Arnold, relying largely

(d) He must be informed that if he is
on his admission of the charge by silence at
indigent, a lawyer will be appointed to
the police investigation and during trial.
represent him. (Miranda vs. Arizona, 384
U.S. 436.)
From the constitutional law perspective,
was the court correct in its ruling? (6%)
Rights of the Accused; Right to Remain SUGGESTED ANSWER:
Silent (2013)
The court was wrong in relying on the
No.VII. As he was entering a bar, Arnold - silence of Arnold during the police
who was holding an unlit cigarette in his investigation and during the trial. Under
right hand -was handed a match box by Article III, Section 12 of the 1987
someone standing near the doorway. Arnold Constitution, he had the right to remain
unthinkingly opened the matchbox to light silent. His silence cannot be taken as a
his cigarette and as he did so, a sprinkle of tacit admission, otherwise, his right to
dried leaves fell out, which the guard remain silent would be rendered
noticed. The guard immediately frisked nugatory. Considering that his right
Arnold, grabbed the matchbox, and sniffed against self-incrimination protects his
its contents. After confirming that the right to remain silent, he cannot be
matchbox contained marijuana, he penalized for exercising it (People vs.
immediately arrested Arnold and called in Galvez, 519 SCRA 521).
the police.
ALTERNATIVE ANSWER:
At the police station, the guard narrated to No, the court has erred in its ruling of
the police that he personally caught Arnold convicting Arnold relying solely on his
in possession of dried marijuana leaves.
Page 37 of 168
admission of the charge by silence at the allegedly seen being held for three days and
police investigation and during trial. tortured before he finally disappeared. The
CHR lawyers requested one Lt. Valdez for a
The duty of the lawyer includes ensuring photocopy of the master plan of Camp
that the suspect under custodial Aquino and to confirm in writing that he
investigation is aware that the right of had custody of the master plan. Lt. Valdez
an accused to remain silent may be objected on the ground that it may violate
invoked at any time (People v. Sayaboc, his right against self-incrimination. Decide
G.R. No. 147201, January 15, 2004). with reasons. (4%).
The court correctly convicted Arnold. The objection of Lt. Valdez is not valid.
There is no showing that the evidence The right against self-incrimination
for the prosecution was insufficient. refers to testimonial evidence and does
When Arnold remained silent, he run the not apply to the production of a
risk of an inference of guilt from non- photocopy of the master plan of Camp
production of evidence in his behalf Aquino, because it is a public record. He
(People vs. Solis, 128 SCRA 217). cannot object to the request for him to
confirm his custody of the master plan,
because he is the public officer who had
Rights of the Accused; Self- custody of it. (Almonte vs. Vasquez, 244
Incrimination (2010) SCRA 286 [1995]).
No. X. A, the wife of an alleged victim of ALTERNATIVE ANSWER:
enforced disappearance, applied for the

The objection is without merit. Right
issuance of a writ of amparo before a
against self-incrimination is not violated
Regional Trial Court in Tarlac. Upon motion
because the right is simply against
of A, the court issued inspection and
testimonial compulsion. But the
production orders addressed to the AFP
prohibition also extends to the
chief of Staff to allow entry at Camp Aquino
compulsion for the production of
and permit the copying of relevant
documents, papers and chattels that
documents, including the list of detainees,
may be used as evidence against the
if any. Accompanied by court-designated
witness, except where the State has a
Commission on Human Rights (CHR)
right to inspect the same such as in this
lawyers, A took photographs of a suspected
case.
isolation cell where her husband was
Page 38 of 168
Pursuant to the production order issued policemen could be justified so long as

by the court, there can be compulsion there was a rational connection between
for the production of documents sought the regulation and the promotional
in the order. safety of persons and property. The
requisite connection was present since
the government had a legitimate interest
Right to Liberty; Presentability of in policemen’s appearances so that they
Policemen (2008) would: (1) be readily recognizable to the

public and (2) feel a sense of “esprit de
No. VI. The Philippine National Police (PNP) corps” that comes from being similar.
issued a circular to all its members directed
at the style and length of male police ALTERNATIVE ANSWER:
officers’ hair, sideburns and moustaches,

The circular is a valid exercise of police
as well as the size of their waistlines. It
power. The rule-making power is vested
prohibits beards, goatees, and waistlines
in congress however, it can be delegated
over 38 inches, except for medical reason.
to administrative agencies pursuant to a
Some police officers questioned the validity
valid delegation requiring the
of the circular, claiming that it violated
concurrence of the following:
their right to liberty under the Constitution.
Resolve the controversy. 6% 1. Made pursuant of law
2. Issued within the scope and
SUGGESTED ANSWER:
purview of the law
Although the National Police is civilian 3. Promulgated in accordance with
in character, it partakes of some of the the prescribed procedure
characteristics of military life, thus 4. it must be reasonable
permitting the imposition of reasonable It is the policy of the state to secure
measures for discipline, uniformity in peace and order through the PNP.
behavior and presentableness. The Therefore, it is reasonable to require
circular does not go beyond what is them to be physically fit in order to
reasonable and therefore passes the test secure peace and order in the
of due process (Gudani vs. Senga, G.R. community. This is to boost the
No. 170165, Aug. 15, 2006). confidence of the public that they are
not lazy and they are doing their job
In Kelly vs. Johnson, 425 US 238 (1976), with dedication.
the US Supreme Court said that the
regulations of personal appearance of
Page 39 of 168
Search and Seizure; Warrantless Arrest ALTERNATIVE ANSWER:

(2009)
The warrantless arrest of the accused
No. VII. Crack agents of the Manila Police was void. There was no overt act or
Anti-Narcotics unit were on surveillance of suspicious circumstances that would
a cemetery where the sale and use of indicate that he was committing a
prohibited drugs were rumored to be crime. The search preceded his arrest
rampant. The team saw a man with reddish (People vs. Tudtud, 412 SCRA 142
and glassy eyes walking unsteadily towards [2003]).
them, but he immediately veered away
(b) Objected to the admission in evidence of
upon seeing the policemen. The team
the prohibited drug, claiming that it was
approached the man, introduced
obtained in an illegal search and seizure.
themselves as peace officers, then asked
(2%)
what he had in his clenched fist. Because
the man refused to answer, a policeman
SUGGESTED ANSWER:
pried the fist open and saw a plastic sachet
with crystalline substance. The team then The objection should be denied. The
took the man into custody and submitted evidence is admissible because the
the contents of the sachet to forensic search and seizure was made incidental
examination. The Crystalline substance in to a lawful warrantless arrest (Manalili
the sachet turned out to be shabu. The vs. Court of Appeals, 280 SCRA 400
man was accordingly charged in court. [1997]).
During the trial, the accused: (Decide with

reasons)
Search and Seizure; Warrantless Arrest
(2008)
(a) Challenged the validity of his arrest;
(2%) No. V. Having received tips the accused was
SUGGESTED ANSWER: selling narcotics, two police officers forced
open the door of his room. Finding him
The arrest is valid. The law enforcer has
sitting party dressed on the side of the bed,
sufficient reason to accost the accused
the officers spied two capsules on a night
because of his suspicious actuations,
stand beside the bed. When asked, “Are
coupled with the fact that based on
reliable information the area was a these yours?”, the accused seized the
capsules and put them in his mouth. A
haven for drug addicts. (Manalili vs.
struggle ensued, in the course of which the
Court of Appeals, 280 SCRA 400 [1997]).
Page 40 of 168
officer pounced on the accused, took him to action because the police had no
a hospital where at their direction, a doctor personal knowledge that any crime
forced an emetic solution though a tube was taking place.
into the accused’s stomach against his will. 2. Due to the invalid entry whatever
This process induced vomiting. In the evidence the police gathered would
vomited matter were found two capsules be inadmissible.
which proved to contain heroin. In the 3. The arrest of the accused was
criminal case, the chief evidence against the already invalid and causing him to
accused was the two capsules. vomit while under custody was an
unreasonable invasion of personal
(a) As counsel for the accused, what
privacy (U.S. vs. Montoya, 473 US
constitutional rights will you invoke in his
531 [1985])
defense? (4%)
SUGGESTED ANSWER:
Search and Seizure; Warrantless Search
As counsel for the accused I would
(2010)
invoke the constitutional right to be
secured against unreasonable searches No. XII. A witnessed two hooded men with
and seizures (Art. III, Sec. 2 of the baseball bats enter the house of their next
Constitution) which guarantees: (1) door neighbor B. after a few seconds, he
sanctity of the home, (2) inadmissibility heard B shouting, “Huwag Pilo babayaran
of the capsules seized, (3) and kita agad.” Then A saw the two hooded men
inviolability of the person. A mere tip hitting B until the latter fell lifeless. The
from a reliable source is not sufficient to assailants escaped using a yellow
justify warrantless arrest or search (Peo motorcycle with a fireball sticker on it
vs. Nuevas, G.R. No. 170233 Feb. toward the direction of an exclusive village
22,2007). nearby. A reported the incident to PO1
Nuval. The following day, PO1 Nuval saw
(b) How should the court decide the case? the motorcycle parked in the garage of a
(3%) house at Sta. Ines Street inside the
SUGGESTED ANSWER: exclusive village. He inquired with the
caretaker as to who owned the motorcycle.
The court should declare the search and
The caretaker named the brothers Pilo and
seizure illegal:
Ramon Maradona who were then outside
the country. PO1 Nuval insisted on getting
1. The entry into the accused’s home
inside the garage. Out of fear, the caretaker
was not a permissible warrantless
allowed him. PO1 Nuval took 2 ski masks
Page 41 of 168
and 2 bats beside the motorcycle. Was the No.XI.e. Dual citizenship is not the same as
search valid? What about the seizure? dual allegiance
Decide with reasons. (4%) SUGGESTED ANSWER:
SUGGESTED ANSWER: TRUE. An individual may have 2 or more

citizenship but owe allegiance to one
The warrantless search and seizure was
State. Taking for example RA no. 9225
not valid. It was not made as an incident
providing for retention of Philippine
to a lawful warrantless arrest. (People vs.
citizenship among natural born Filipino
Baula, 344 SCRA 663 [2000]). The
citizens.
caretaker had no authority to waive the
right of the brothers Pilo and Ramon Dual citizenship arises when, as a result
Maradona to waive their right against of the concurrent application of the
unreasonable search and seizure. (People different laws of two or more states, a
vs. Damaso, 212 SCRA 547 [1992].) the person is simultaneously considered a
warrantless seizure of the ski masks and national by those states and is
bats cannot be justified under the plain involuntary.
view doctrine, because they were seized
Dual allegiance refers to the situation in
after invalid intrusion in to the house.
which a person simultaneously owes by
(People vs. Bolasa, 321 SCRA 459
some positive and voluntary act, loyalty
[1999]).
to two or more states (Mercado vs.
ALTERNATIVE ANSWER: Manzano, 307 SCRA 630 [1999]).
No. the search and the seizure are

invalid because there was no search
Natural Born (2009)
warrant and it cannot be said to be a
search incidental to a lawful arrest. It is No.IX. Warlito, a natural-born Filipino, took
the right of all individual to be secured up permanent residence in the United
against unreasonable searches and States, and eventually acquired American
seizure by the government. citizenship. He then married shirley, an
American, and sired three children. In
August 2009, Warlito decided to visit the
ARTICLE IV Citizenship Philippines with his wife and children:

Johnny, 23 years of age; Warlito Jr., 20;
Dual Citizenship vs. Dual Allegiance and Luisa 17.
(2009)
Page 42 of 168
While in the Philippines, a friend informed Naturalization Law, because of her

him that he could reacquire Philippine Marriage to Warlito, she should be
citizenship without necessarily losing US deemed to have become a Filipino
nationality. Thus, he took the oath of Citizen. She must allege and prove that
allegiance required under RA no. 9225. she possesses none of the
disqualifications to become a naturalized
(a) Having reacquired Philippine citizenship,
Filipino citizen (Burca vs. Republic, 51
is Warlito a natural born or naturalized
SCRA 248 [1973]).
Filipino Citizen today? Explain your answer
(3%). ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
NO. Shirly will not become a Filipino
NATURAL BORN. Reacquisition of Citizen because only Warlito’s unmarried
Philippine Citizenship under RA no. children whether legitimate, illegitimate
9225 will restore him back of his former or adopted, below 18 years of age shall
status as a natural-born citizen (Bengzon be entitled to derivative Philippine
vs. House of Representatives Electoral citizenship.
Tribunal, 357 SCRA 545 [2001]; R.A.
Shirly may acquire Philippine
2630).
citizenship in the most speedy
(b) With Warlito having regained Philippine procedure through JUDICIAL
Citizenship, will shirly also become a NATURALIZATION under CA no. 473, as
Filipino Citizen? If so, why? If not, what amended.
would be the most speedy procedure for
(c) Do the Children - - - Johnny, Warlito Jr.
shirly to acquire Philippine citizenship?
and Luisa - - - become Filipino citizens with
Explain.
their father’s reacquisition of Philippine
SUGGESTED ANSWER:
citizenship? Explain your answer. (3%)
Shirley will not become a Filipino SUGGESTED ANSWER:
citizen, because under RA 9225,
Only LUISA shall acquire Philippine
Warlito’s reacquisition of Philippine
Citizenship upon the reacquisition of her
citizenship did not extend its benefits to
father’s Filipino citizenship under RA
Shirley. She should instead file with the
no. 9225. The unmarried children,
Bureau of Immigration a petition for
whether legitimate, illegitimate or
cancellation of her alien certificate of
adopted, below 18 years of age shall be
registration on the ground that in
entitled to derivative Philippine
accordance with Section 15 of the
citizenship.
Page 43 of 168
in cases before labor tribunals and before

employers because of the influence a
ARTICLE VI Legislative congressman can wield, filed a disbarment
Department case against the Congressman before the

Supreme Court for his violation of the Code
Discipline; Members of Congress (2013) of Professional Responsibility and for
breach of trust, in relation particularly with
No. XII. In the May 2013 elections, the the prohibitions on legislators under the
Allied Workers' Group of the Philippines Constitution.
(AWGP), representing land-based and sea-
based workers in the Philippines and Is the cited ground for disbarment
overseas, won in the party list meritorious? (6%)
congressional elections. Atty. Abling, a
labor lawyer, is its nominee. SUGGESTED ANSWER:
As part of the party's advocacy and Being a congressman, Atty. Abling is
services, Congressman Abling engages in disqualified under Article VI, Section 14

labor counseling, particularly for local of the 1987 Constitution from personally
workers with claims against their employers appearing as counsel before quasi-
and for those who need representation in judicial and other administrative bodies
collective bargaining negotiations with handling labor cases constitutes
employers. When labor cases arise, AWGP personal appearance before them (Puyat
enters its appearance in representation of vs. De Guzman, 135 SCRA 33). His
the workers and the Congressman makes it involvement in collective bargaining

a point to be there to accompany the negotiations also involves practice of
workers, although a retained counsel also law, because he is making use of his
formally enters his appearance and is knowledge for the benefit of others
invariably there. Congressman Abling (Cayetano vs. Monsod, 201 SCRA 210).
largely takes a passive role in the The Bureau of Labor Relations is
proceedings although he occasionally involved in collective bargaining
speaks to supplement the retained negotiations (Article 250 of the Labor
counsel's statements. It is otherwise in CBA Code).
negotiations where he actively participates.

Atty. Abling should not be disbarred but
Management lawyers, feeling that a should be merely suspended from the
congressman should not actively participate practice of law. Suspension is the
appropriate penalty for involvement in
Page 44 of 168
the unlawful practice of law (Tapay vs. The general rule is that an
Bancolo, 694 SCAR 1). unconstitutional law is void. It produces
no rights, imposes no duties and affords
ALTERNATIVE ANSWER: no protection. However, the doctrine of
operative fact is an exception to the
No, Congressman Abling cannot be
general rule and it only applies as a
disbarred. A retained counsel formally
matter of equity and fair play.
appears for AWGP. His role is largely
passive and cannot be considered as Under the doctrine of operative fact, the
personal appearance. His participation in unconstitutional law remains
the collective bargaining negotiations unconstitutional, but the effects of the
does not entail personal appearance unconstitutional law, prior to its judicial
before an administrative body (Article VI, declaration of nullity, may be left
Section 13 of the 1987 Constitution). undisturbed as a matter of equity and
fair play.
ALTERNATIVE ANSWER:
It can never be invoked to validate as
No, the ground for disbarment is not constitutional an unconstitutional act.
meritorious. The Supreme Court said
that the determination of the acts which
constitute disorderly behavior is within Doctrine of Necessary Implication; Hold-
the discretionary authority of the House over (2010)
concerned, and the Court will not review
No.XX. Define/Explain
such determination, the same being a
political question (Osmeña v. Pendatun, (d) Doctrine of necessary implication
109 Phil 863). SUGGESTED ANSWER:
DOCTRINE OF NECESSARY
Doctrine of Operative Fact (2010) IMPLICATION
No. XX. Define/Explain provides that every statute is

understood, by implication, to contain
(a) Doctrine of operative facts
all such provisions as may be necessary
SUGGESTED ANSWER: to effectuate its object and purpose, or
to make effective rights, powers,
DOCTRINE OF OPERATIVE FACTS –
privileges or jurisdiction which it grants,
including all such collateral and
Page 45 of 168
subsidiary consequences as may be fairly SUGGESTED ANSWER

and logically inferred from its terms. Ex
necessitate legis. (Pepsi-Cola Products The Supreme Court has no jurisdiction
Philippines, Inc. v. Secretary of Labor, over the petition. The Presidential
312 SCRA 104, 117 [1999]). Electoral Tribunal is not simply an

agency to which the Members of the
(e) Principle of holdover Senate Court were assigned. It is not
SUGGESTED ANSWER: separate from the Supreme Court.
(Macalintal vs. Presidential Electoral
PRINCIPLE OF HOLDOVER
Tribunal, 631 SCRA 239.)
provides that an incumbent officer or
official may remain in office and (b) Would the answer in (a.) be the same if
continue performing his functions Yellow and Orange were contending for a
beyond his tenure or term until his senatorial slot and it was the Senate
successor has been elected and qualified. Electoral Tribunal (SET) who issued the
challenged ruling? (3%)
SUGGESTED ANSWER
Electoral Tribunal; SET; PET
Jurisdiction (2012)
The Supreme Court would have
jurisdiction if it were the Senate
No. IV. Mr. Yellow and Mr. Orange were the
Electoral Tribunal who issued the
leading candidates in the vice-presidential
challenged ruling. The Supreme Court
elections. After elections, Yellow emerged as
can review its decision if it acted with
the winner by a slim margin of 100,000
grave abuse of discretion. (Lerias vs.
votes. Undaunted, Orange filed a protest
House of Representatives Electoral
with the Presidential Electoral Tribunal
Tribunal, 202 SCRA 808.)
(PET). After due consideration of the facts
and the issues, the PET ruled that Orange
was the real winner of the elections and
ordered his immediate proclamation. Investigations in Aid of Legislation
(2009)
(a) Aggrieved, Yellow filed with the Supreme
No. VIII. Congressman Nonoy delivered a
Court a Petition for Certiorari challenging
privilege speech charging the
the decision of the PET alleging grave abuse
Intercontinental Universal Bank (IUB) with
of discretion. Does the Supreme Court have
the sale of unregistered foreign securities,
jurisdiction? Explain. (3%)
in violation of RA no. 8799. He then filed,
Page 46 of 168
and the House of Representatives provided that there is an explicit subject

unanimously approved, a resolution and nature of the inquiry. Since
directing the House Committee on Good legislative inquiry is an essential part of
Government (HCGG) to conduct an inquiry legislative power, it cannot be made
on the matter, in aid of legislation, in order subordinate to criminal and civil actions.
to prevent the recurrence of any similar Otherwise, it would be very easy to
fraudulent activity. subvert any investigation in aid of
legislation through the convenient ploy
HCGG immediately scheduled a hearing
of instituting civil and criminal actions
and invited the responsible officials of IUB,
(Standard Chartered Bank [Philippine
the chairman and Commissioners of the
Branch] vs, Senate Committee on banks,
SEC and the Governor of the BSP. On the
Financial Institutions and Currencies,
date set for the hearing, only the SEC
541 SCRA 456 [2007]).
commissioners appeared, prompting
Congressman Nonoy to move for the ALTERNATIVE ANSWER:
issuance of the appropriate subpoena ad
Yes, legislative inquiry would preempt
testificandum to compel the attendance of
judicial action. In one case, the Supreme
the invited resource persons.
Court did not allow the Committee to
The IUB officials filed suit to prohibit HCGG continue with the legislative inquiry
from proceeding with the inquiry and to because it was not in aid of legislation
quash the subpoena, raising the following but in aid of prosecution. It holds that
arguments: there will be a violation of separation of
powers and the possibility of conflicting
(a) The subject of the legislative
judgment.
investigation is also the subject of the
criminal and civil actions pending before The Subjudice rule restricts comments
the courts and the prosecutor’s office; thus, and disclosures pertaining to judicial
the legislative inquiry would preempt proceedings to avoid prejudicing the
judicial action; issue, influencing the court, or
SUGGESTED ANSWER: obstructing the administrations of
justice.
The argument is untenable, the mere
filing of a criminal or an administrative (b) Compelling the IUB officials, who are
complaint before the court of quasi- also respondents in the criminal and civil
judicial body should not automatically cases in court, to testify at the inquiry
bar the conduct of legislative inquiry
Page 47 of 168
would violate their constitutional right Investigations in Aid of Legislation;

against self-incrimination. (3%) Executive Privilege (2010)
No. XVIII. The House Committee on

Are the foregoing arguments tenable?
Appropriations conducted an inquiry in aid
Decide with reasons.
of legislation into alleged irregular and
SUGGESTED ANSWER:
anomalous disbursements of the
Congress can compel them to appear. Countrywide Development Fund (CDF) and
Persons under legislative investigation Congressional Initiative Allocation (CIA) as
are not being indicted as accused in a exposed by X, a division chief of the
criminal proceeding but are merely Department of Budget and Management
summoned as resource persons, or (DBM). Implicated in the questionable
witnesses, in a legislative inquiry. Hence disbursements are high officials of the
they cannot on the ground of their right Palace. The house committee summoned X
against self-incrimination, altogether and the DBM Secretary to appear and
decline appearing before the Congress, testify. X refused to appear, while the
although they may invoke the privilege Secretary appeared but refused to testify
when a question calling for an invoking executive privilege.
incriminating answer is propounded
(a) May X be compelled to appear and
(Standard Chartered Bank [Philippine
testify? If yes, what sanction may be
Branch] vs, Senate Committee on banks,
imposed on him?
Financial Institutions and Currencies,
SUGGESTED ANSWER:
541 SCRA 456 [2007]).
YES. Individuals invited to a legislative
(c) May the Governor of the BSP validly
inquiry can be anybody whether an
invoke executive privilege and thus, refuse
executive head or not. The inquiry is in
to attend the legislative inquiry? Why or
aid of legislation which is to elicit
why not?
information useful for legislation not for
SUGGESTED ANSWER:
prosecution or persecution. The
No. the Governor cannot invoke attendance of the resource person is
executive privilege. Only the President mandatory and can be compelled
as a general rule can invoke executive through compulsory processes. Only the
privilege (Senate of the Philippines vs. President or the Executive Secretary by
Ermita, 488 SCRA 1 [2006]). order of the President can invoke
executive privilege (Senate of Philippines
vs. Ermita, 488 SCRA 13 [2006]).
Page 48 of 168
He may be cited for contempt if he fails the memorial site. The charter set the
to attend. corporate life of MWMC at 50 years with a
proviso that Congress may not abolish
(b) Is the Budget Secretary shielded by
MWMC until after the completion of the
executive privilege from responding to the
memorial.
inquiries of the House Committee? Explain
Briefly. If the answer is no, is there any Forty-five (45) years later, the memorial was
sanction that may be imposed on him? only 1/3 complete, and the memorial site
SUGGESTED ANSWER: itself had long been overrun by squatters.
Congress enacted a law abolishing the
NO, executive privilege is granted to the
MWMC and requiring that the funds raised
President himself not to anybody else. It
by it be remitted to the National Treasury.
is the president who shall invoke the
The MWMC challenged the validity of the
privilege. The inquiry is in aid of
law arguing that under its charter its
legislation and neither the President nor
mandate is to complete the memorial no
Executive Secretary by order of the
matter how long it takes. Decide with
President invoke executive privilege
reasons. (6%).
(Senate of the Philippines vs. Ermita,
438 SCRA 1 [2006]). SUGGESTED ANSWER:
Citation for contempt can be imposed. The law abolishing the MWMC is valid.
Within the plenary powers of the
Congress, it can create as well as destroy
Law-Making; Abolish; Destroy (2008) what is created after determination its
purpose could no longer be attained by
No.XIV. In 1963, Congress passed a law
subsequent circumstances. The power to
creating a government-owned corporation
create also carries with it the power to
named Manila War Memorial Commission
destroy so long as it was done in good
(MWMC), with the primary function of
faith and consistent with the purpose of
overseeing the construction of a massive
promoting the general welfare.
memorial in the heart of Manila to
commemorate victims of the 1945 Battle of
Manila.
Law-Making; Admission to the Bar (2009)
The MWMC charter provided an initial
No.I.d. A law fixing the passing grade in the
appropriation of P1,000,000 empowered the
Bar examinations at 70%, with no grade
corporation to raise funds in its own name,
and set aside a parcel of land in Malate for
Page 49 of 168
lower than 40% in any subject is industrial estates in the southern Tagalog
constitutional. Region to attract investors. The plan
SUGGESTED ANSWER: included an appropriation of 2 billion pesos
for construction of roads around the
FALSE. Congress cannot enact a law
estates. When the bill finally became law, a
regulating the admission to the legal
civil society watchdog questioned the
profession. It is within the power of the
constitutionality of the law as it obviously
Supreme Court to promulgate rules
benefited Congresswoman A’s industrial
concerning the admission to the legal
estate. Decide with reasons (3%)
profession. The present Constitution has
taken away the power of Congress to SUGGESTED ANSWER:
alter the Rules of Court (Echegaray vs.
The law is a valid exercise of police
Secretary of Justice, 301 SCRA 96
power although it may indirectly
[1999]). The law will violate the principle
benefited a Congresswoman but the
of separation of powers.
purpose of the law to provide a 5-year
ALTERNATIVE ANSWER: plant for all industrial estates is
reasonable thus, it conform to the twin
TRUE. Deliberations in ConCon reveal
requisite of lawful subject and lawful
that Congress retains the power to
means for a valid exercise police power.
amend or alter the rules because the
power to promulgate rules is essentially However, the congresswoman could be
legislative even though the power has sanctioned by the House of
been deleted in the 1987 Constitution. If Representative for failure to notify the
the law, however, is retroactive, it is House of a potential conflict of interest
unconstitutional because it is in the filing of the proposed legislation
prejudicial. of which they author.
ALTERNATIVE ANSWER:
Law-Making; Conflict of Interest (2010) The law is constitutional. Section 12,

Article VI of the Constitution does not
No. V. Congresswoman A is a co-owner of
prohibit the enactment of a law which
an industrial estate in Sta. Rosa, Laguna
will benefit the business interests of a
which she had declared in her Statement of
member of the Senate or the House of
Assets and liabilities. A member of her
Representatives. It only requires that if
political party authored a bill which would
the member of Congress whose business
provide a 5-year development plant for all
interests will be benefited by the law is
Page 50 of 168
the one who will file the bill, he should nationwide. A financial assistance scheme
notify the House concerned of the called “conditional cash transfers” was
potential conflict of interest. initially funded 500 million pesos by
Congress. One of the provisions of the law
gave the joint-congressional oversight
Law-Making; Item vs. Pocket Veto (2010) committee authority to screen the list of
beneficiary families initially determined by
No. XXVI. Distinguish between pocket veto
the Secretary of Department of Social
and item veto
Welfare and Development pursuant to the
SUGGESTED ANSWER: Department implementing rules. Mang

Pandoy, a resident of Smokey Mountain in
An item veto refers to the veto made by Tondo, questioned the authority of the
the president but not the entire bill is Committee.
vetoed but only a specific items.
Generally item veto is not allowed but (b) Is the grant of authority to the
the constitution permits item veto on Oversight Committee to screen beneficiaries
revenue, tariff, and appropriation bill. constitutional? Decide with Reasons.
And although it is not a appropriation,

SUGGESTED ANSWER:
tariff or revenue bill an item veto is still
allowed for inappropriate provision in The grant of authority to the oversight
the bill. Committee to screen beneficiaries is

unconstitutional. It violates the
A pocket veto occurs when the President
principle of separation of powers. By
fails to act on the bill and did not return
being involved in the implementation of
the bill to Congress because the latter is
the law, the Oversight Committee will be
not in session. In the Philippines pocket
exercising executive power. (Abakada
veto is not applicable because a bill will
Guro Party List vs. Purisima, 562 SCRA
pass into law if remain inacted within 30
251 [2008]).
days from receipt thereof.
ALTERNATIVE ANSWER:
NO. True that the Oversight power of

Law-Making; Oversight Committee
congress is to scrutinize, investigate,
(2010)
and supervise that the laws that it
No.VI. The Poverty Alleviation and enacted is fully implemented. But to
Assistance Act was passed to enhance the secure authority to screen beneficiaries
capacity of the most marginalized families is an unfair interference with the
Page 51 of 168
personal liberty or property of of the total valid votes cast for the party-list
individual. It is more of an intrusion system are "qualified" to have a seat in the
than an overseeing. House of Representatives;
SUGGESTED ANSWER:
R.A. No. 7941. This is to ensure that the
Party-list Representative; Formula party-list organizations at least

allocation (2007) represents a significant portion of those
voting for the party-list system – that
The Supreme Court has provided a formula
they at least have a substantial
for allocating seats for party-list constituency which must, at the
representatives. For each of these rules,
minimum, not be less than two percent
state the constitutional or legal basis, if
(2%) of the total number of those casting
any, and the purpose. their votes for party-list organizations.
(a) The twenty percent allocation - the

(c) The three-seat limit - each qualified
combined number of all party-Iist party, regardless of the number of votes it
congressmen shall not exceed twenty
actually obtained, is entitled to a maximum
percent of the total membership of the
of three seats; that is, one "qualifying" and
House of Representatives, including those
two additional seats; and
elected under the party list;
SUGGESTED ANSWER:
SUGGESTED ANSWER: R.A. No. 7941. This is to prevent any
Section 5(2), Article VI of the
dominant party-list organization from
Constitution, as implemented by R.A.
having a monopoly of the seats for the
No. 7941. The purpose is to assure that
party-list system. Since the objective of
there will be at least a guaranteed
the party-list system is to enable other
portion of the House of Representatives
groups who might otherwise have
reserved for the party-list members. The difficulty getting to Congress through
legislative policy is to promote the
the traditional system of elections, then
election of party-list representatives in
the system developed to accommodate
order to enable Filipinos belonging to
them must be fair and equitable enough
the marginalized and underrepresented
to afford better odds to as many groups
sectors to contribute legislation that as possible.
would benefit them.
(d) The first-party rule - additional seats

(b) The two percent threshold - only those
which a qualified party is entitled to shall
parties garnering a minimum of two percent
be determined in relation to the total
Page 52 of 168
number of votes garnered by the party with KABAKA. Rudy seeks to register KABAKA
the highest number of votes. as a party-list with himself as a nominee of
SUGGESTED ANSWER: the coalition. Will KABAKA and Rudy be
R.A. No. 7941. The party-list system is qualified as a party-list and a nominee,
predicated, among others, on respectively? Decide with reasons.
proportional representation. Thus, there
SUGGESTED ANSWER:
is need to reflect the same in relation to
the total number of votes obtained. NO, Kabaka and Rudy will not be
Accordingly, the first party must not be qualified as party-list and nominee
placed on the same footing as the others because KABAKA is a partner of Dutch
who obtained less votes. The votes Foreign Ministry a foreign based
obtained by first placer would be the organization. KABAKA is indirectly
reckoning point for the computation of receiving support from Dutch Ministry.
additional seats or members for the It is therefore disqualified to be
remaining organizations who got at least registered as a party-list. (Section2(5),
two percent (2%) of the votes cast for Article IX-C of the Constitution).
the party-list system. (Veterans
Under the law, the following are grounds
Federation Party v. COMELEC, G.R. No.
for disqualification for registration in the
136781, October 6, 2000).
party-list system:
1. It is a religious sect or
Party-List; Foreign Funding (2010)
denomination, organization or
No. XVI. Rudy Domingo, 38 years old, association organized for religious
natural-born Filipino and a resident of the purposes;
Philippines since birth, is a Manila-based 2. It advocates violence or unlawful
entrepreneur who runs KABAKA, a coalition means to seek its goal;
of people’s organizations from fisherfolk 3. It is a foreign party or
communities. KABAKA’s operations consist organization;
of empowering fisherfolk leaders through 4. It is receiving support from any
livelihood projects and trainings on good foreign government, foreign
governance. The Dutch Foundation for political party, foundation,
Global Initiatives, a private organization organization, whether directly or
registered in the Netherlands, receives a through any of its officers or
huge subsidy from the Dutch Foreign members or indirectly through
Ministry, which, in turn is allocated
worldwide to the Foundation’s partners like
Page 53 of 168
third parties for partisan election Should the petition be granted? (5%)
purposes;
5. It violates or fails to comply with SUGGESTED ANSWER:
laws, rules or regulations relating

No, the petition should not be granted.
to elections;
The clear and expressed intent of the
6. It declares untruthful statements
framers of the 1987 Constitution is to
in its petition;
exclude presidential appointments from
7. It has ceased to exist for at least
confirmation on the Commission on
one (1) year; or
Appointments except appointments to
It fails to participate in the last two (2)
offices expressly mentioned in the first
preceding elections or fails to obtain at
sentence of Section 16, Article VII of the
least two percentum (2%) of the votes
1987 Constitution (Sarmiento III v.
cast under the party-list system in the
Mison, 159 SCRA 549). Since the
two (2) preceding elections for the
appointment of an acting secretary is
constituency in which it has registered.”
not included under the first sentence of
Section 16, Article VII of the 1987
Constitution, it is no longer subject to
ARTICLE VII Executive confirmation by the Commission on
Department Appointments.
Appointing Power; Acting Appointments

(2013)
Appointing Power; Ad-Interim
Appointments (2010)
No.II. While Congress was in session, the
President appointed eight acting No. XXIII. A was a career Ambassador when
Secretaries. A group of Senators from the he accepted an ad interim appointment as
minority bloc questioned the validity of the Cabinet Member. The Commission on
appointments in a petition before the Appointments bypassed his ad interim
Supreme Court on the ground that while appointment, however, and he was not re-
Congress is in session, no appointment that appointed. Can he re-assume his position
requires confirmation by the Commission as career ambassador?
on Appointments, can be made without the
latter's consent, and that an undersecretary SUGGESTED ANSWER:
should instead be designated as Acting

The career Ambassador cannot re-
Secretary.
assume his position as career
Page 54 of 168
Ambassador. His ad interim appointment and agencies, including government-owned

as Cabinet Member was a permanent or controlled corporations
appointment (Summers vs. Ozaeta, 81 SUGGESTED ANSWER:
Phil. 754 [1948]). He abandoned his
TRUE. The president exercises the power
position as Ambassador when he
of control over all executive departments
accepted his appointment as Cabinet
and agencies, including government-
Member because as Cabinet Member, he
owned or controlled corporations with or
could not hold any other office during
without original charters. But the
his tenure. (Section 13, Article VII,
President does not have the power of
Constitution).
control over LGUs (Cruz vs. Secretary of
ALTERNATIVE ANSWER: Environment and Natural Resources, 347
SCRA 128 [2000]; National Marketing
NO. an interim appointment is an
Corporation vs. Arca, 29 SCRA 648
appointment made by the President
[1969]).
during the recess of Congress and it is a
permanent appointment and shall
continue to hold such permanency until
Control Power; Foreign Relations (2010)
disapproved by the Commission on
Appointment or until the next No. IX.The League of Filipino Political
adjournment of congress. Scientist (LFPS) organized an international
conference on the human rights situation
If the appointment is bypassed and the
in Myanmar at the Central Luzon State
appointee was not re-appointed he can
University (CLSU). An exiled Myanmar
no longer re-assume as career
professor Sung Kui, critical of the military
ambassador because by accepting an ad
government in Myanmar, was invited as
interim appointment he is deemed to
keynote speaker. The Secretary of Foreign
have waived his right to hold his old
Affairs informed the President of the
position as ad interim appointment is
regional and national security implications
permanent.
of having Prof. Kui address the conference.
The President thereupon instructed the
immigration authorities to prevent the entry
Control Power (2009)
of Prof. Kui into Philippine territory. The
No.XI.c. The President exercises the power chancellor of CLSU argued that the
of control over all executive departments instruction violates the Constitution.
Decide with reasons. (4%)
Page 55 of 168
SUGGESTED ANSWER: President to take over any public utility

is false. Since it is an aspect of
The argument of the chancellor of
emergency powers, in accordance with
Central Luzon State University is not
Section 23(2), Article VI of the
valid. Since an alien has no right to
Constitution, there must be a law
enter the Philippines, preventing Prof.
delegating such power to the President.
Sing Kui from entering the Philippines is
(David vs. Macapagal-Arroyo, 489 SCRA
not a violation of his rights. (Lee and
160 [2006]).
Quigley, Consular Law and Practice, 3 rd
ed., p.220.) Since the President has the ALTERNATIVE ANSWER:
Power of Control over foreign relations,
FALSE. The declaration of a state of
he has the power to ban aliens from
emergency is one thing and the exercise
entering the Philippines. (United States
of emergency powers is another. In the
vs. Curtiss-Wright Export Corporation,
latter case, it requires a prior legislative
299 U.S. 304 [1936]).
enactment before the President can
ALTERNATIVE ANSWER: exercise them.
There is no violation of the Constitution.

It is within the Residual Power of the
Enter into Executive Agreement; Treaty
President to select who shall be allowed
Abrogation (2008)
entry in the Philippines especially when
the allowance of such entry poses No. III. The President alone without the
imminent threat or danger to national concurrence of the Senate abrogated a
security. treaty. Assume that the other country-party
to the treaty is agreeable to the abrogation
provided it complies with the Philippine
Declaration; State of National Constitution. If a case involving the validity
Emergency (2010) of the treaty of the treaty abrogation is
brought to the Supreme Court, how should
No. VII.a. A proclamation of a State of
it be resolved? (6%).
emergency is sufficient to allow the
President to take over any public utility. SUGGESTED ANSWER:
SUGGESTED ANSWER: The President should be overruled. She

cannot abrogate a treaty alone even if
The statement that a proclamation of
the other State, party to a treaty, agrees
emergency is sufficient to allow the
to the abrogation. If the legislative
Page 56 of 168
branch ratifies a treaty by 2/3 vote concurrence of a majority of all the

pursuant to Art. VII, Sec. 21, it must Members of Congress. (Section 28(4),
also do so when the President abrogates Article VI of the Constitution.) Without
it. She cannot motu propio abrogate the respect to its lawful substantive content,
treaty. a treaty, to be valid and effective,
requires concurrence by at least two-
ALTERNATIVE ANSWER:
thirds of all the Members of the Senate.
The Supreme Court should sustain the (Sec. 21, Art. VII of the Constitution).
validity of the abrogation of the treaty.
ALTERNATIVE ANSWER:
There is no constitutional provision
governing the termination of a treaty. FALSE. Granting tax exemptions
What the constitution provides is only requires concurrence by a majority of all
the concurrence of the Senate in order the Members of the Congress.
that a treaty be valid and binding and
under recent jurisprudence, the
ratification of the treaty is left to the Pardoning Power: Executive Clemency
sound discretion of the President. (2008)
Therefore, the President as the No. VIII. ST, a Regional Trial Court judge
representative of the State in treaty who falsified his Certificate of Service, was
negotiation can abrogate a treaty by found liable by the Supreme Court for
himself. serious misconduct and inefficiency, and
meted the penalty of suspension from office
for 6 months. Subsequently, ST filed a
Enter into Treaty (2010) petition for executive clemency with the
Office of the President. The Executive
No.VII.b. A treaty which provides tax
Secretary, acting on said petition issued a
exemption needs no concurrence by a
resolution granting ST executive clemency.
majority of all the Members of the Congress
Is the grant of executive clemency valid?
SUGGESTED ANSWER:
Why or why not? (6%)
The statement that a treaty which
SUGGESTED ANSWER:
provides tax exemption needs no
concurrence by a majority of all the No. the grant of executive clemency is
Members of Congress is true. It is only a invalid because it violates the separation
law, not a treaty, granting a tax of powers. The Supreme Court has the
exemption which requires the power of administrative supervision over
Page 57 of 168
all courts and its personnel and with this reflect presidential decision-making and
power the Supreme Court can discipline deliberations and that the President
erring Judges. believes should remain confidential. It
applies to decision-making of the
The grant of an executive clemency has
President. It is based on separation of
the effect of removing the penalty
powers. It is always subject to a greater
imposed by the competent authority.
scrutiny.
The Supreme Court has the authority to
discipline judges of lower court. In so Deliberative Process Privilege: includes
doing, the constitution guaranteed its advisory opinions, recommendations and
independence from the other political deliberations comprising part of a
bodies. If the executive department were process by which governmental
to grant executive clemency, it would be decisions and policies are formulated.
an encroachment of a prerogative thus Based on common law privileged it
violation of the separation of powers. applies to decision-making of executive
officials and not subject to greater
scrutiny.
Privilege; Presidential Communications

vs. Deliberative Process (2010)
No. VIII. Distinguish “presidential

ARTICLE VIII Judicial
communication privilege” from “deliberative Department
process privilege.”
Judicial Department; Judicial Service
Jurisprudence laid down 2 kinds of

No.XI. In her interview before the Judicial
executive privilege which are
and Bar Council (JBC),Commissioner Annie
presidential communication privilege
Amorsolo of the National Labor Relations
and deliberative process privilege (Neri
Commission claims that she should be
vs. Senate Committee on Accountability
given credit for judicial service because as
of Public Officers and Investigations, 549
NLRC Commissioner, she has the rank of a
SCRA 77 [2008]).
Justice of the Court of Appeals; she
Presidential Communication Privilege: adjudicates cases that are appealable to the
pertains to the communications, Court of Appeals; she is assigned car plate
documents or other materials that No. 10; and she is, by law, entitled to the
Page 58 of 168
rank, benefits and privileges of a Court of under the principle of inclusion unios
Appeals Justice. exclusion est alterius, due credits will
not be granted.
If you are a member of the JBC, would you
give credit to this explanation? (6%)
SUGGESTED ANSWER:
Judicial Department; Writ of Amparo
No, I will not give credit for judicial (2013)
service to the NLRC Commissioner,

No. IX. Conrad is widely known in the
because Section 4 (amended Article 216
neighbourhood as a drug addict. He is also
of the Labor Code of the Philippines) of
suspected of being a member of the
R.A. 9347 (An Act Rationalizing the
notorious "Akyat-Condo Gang" that has
Composition and Functions of the
previously broken into and looted
National Labor Relations Commission,
condominium units in the area.
Amending for this purpose Article 213,
214, 215, and 216 of P.D. 442 as
Retired Army Colonel Sangre – who is
Amended, Otherwise Known as the Labor
known as an anti-terrorism fighter who
Code of the Philippines) clearly speaks
disdained human and constitutional rights
only of the salaries, benefits, and other
and has been nicknamed "terror of
emoluments. It says in the first sentence
Mindanao" –is now the Head of Security of
of the provision, that the Chairman and
Capricorn Land Corporation, the owner and
members of the Commission shall have
developer of Sagittarius Estates where a
the same rank, receive an annual salary
series of robberies has recently taken place.
equivalent to, and be entitled to the
same allowances, retirement and On March l, 2013, Conrad informed his
benefits as, those of the Presiding mother, Vannie, that uniformed security
Justice and Associate Justices of the guards had invited him for a talk in their
Court of Appeals, respectively. The law is office but he refused to come. Later that
clear, that it only allowed the day, however, Conrad appeared to have
equivalence of a commissioner’s rank, relented; he was seen walking into the
salary, allowances, retirement and security office flanked by two security
benefits to that of the Presiding guards. Nobody saw him leave the office
Justices’ and Associate Justices’. The afterwards.
law, however, did not mention the
credits for judicial service, therefore,
Page 59 of 168
Conrad did not go home that night and was by an unlawful act or omission of a
never seen again. The following week and public official or employee, or of a
after a week-long search, Vannie feared the private individual or entity. The writ
worst because of Col. Sangre's reputation. covers extralegal killings and enforced
She thus reported Conrad's disappearance disappearances or threats thereof.
to the police. When nothing concrete
resulted from the police investigation, Since there has been an enforced
Vannie – at the advice of counsel - f1led a disappearance on the part of Conrad, the
petition for a writ of amparo to compel Col. writ is applicable.
Sangre and the Sagittarius Security Office
to produce Conrad and to hold them liable (B) If the petition would prosper, can Col.
and responsible for Conrad's Sangre be held liable and/or responsible for
disappearance. Conrad's disappearance? (6%)
(A) Did Vannie's counsel give the correct SUGGESTED ANSWER:
legal advice? (6%)

No, Colonel Sangre cannot be held
SUGGESTED ANSWER: responsible for the disappearance of

Conrad. Command responsibility has no
The advice of Vannie’s counsel that applicability to an amparo proceeding
she’ll file a petition for a writ of amparo (Rubrico vs. Macapagal-Arroyo, 613
is not correct. In order that a writ of SCRA 233). It may be established merely
amparo can be availed of against a to enable the court to craft the
private individual for the disappearance appropriate remedies against the
of someone, the involvement of the responsible parties (Balao vs. Macapagal-
government is indispensable. There is no Arroyo, 662 SCRA 312).
showing of any participation of the
government in Conrad’s disappearance ALTERNATIVE ANSWER:
(Navia vs. Pardico, 673 SCRA 618).

Although writ of amparo does not
ALTERNATIVE ANSWER: pinpoint criminal culpability for a

disappearance, it determines
Yes, Vannie’s counsel gave the correct responsibility, or at least accountability,
legal advice. The Writ of Amparo is a for the purpose of imposing the
remedy available to any person whose appropriate remedy. Responsibility
right to life, liberty, or security has been refers to the extent the actors have been
violated or is threatened with violation established to have participated in an
Page 60 of 168
enforced disappearance, as a measure of (a) Does Mang Pandoy have legal standing
the remedy, to be crafted, such as the to question the law?
directive to file the appropriate criminal SUGGESTED ANSWER:
and civil cases against the responsible
On the assumption that Mang Pandoy is
parties (Razon, Jr. Vs. Tagitis, 606 SCRA
a beneficiary of the financial legal
598).
assistance, he has legal standing to
ALTERNATIVE ANSWER: question the law. He may be prejudiced

by the improper screening of the
Yes. Colonel Sangre, together with the beneficiary families. (Province of
Sagittarius Security Office should be Batangas vs. Romulo, 492 SCRA 736
held fully accountable for the enforced [2004]). Besides, since the
disappearance of Conrad because of implementation of the law will require
strong evidences supporting the claim of the expenditure of public funds, as a tax
the Writ of Amparo as shown in the case. payer Mang Pandoy has legal standing to
question the law. (Cruz vs. Secretary of
Environment and Natural Resources, 347
SCRA 128).
Judicial Power; Legal Standing (2010)
ALTERNATIVE ANSWER:
No.VI. The Poverty Alleviation and
Assistance Act was passed to enhance the Yes. Mang Pandoy has legal standing to
capacity of the most marginalized families question the law as a taxpayer and a
nationwide. A financial assistance scheme citizen. As a taxpayer he has to show
called “conditional cash transfers” was that there will be an illegal disbursement
initially funded 500 million pesos by of public funds. As a citizen he must
Congress. One of the provisions of the law show that the issue involved is of
gave the joint-congressional oversight transcendental importance.
committee authority to screen the list of
beneficiary families initially determined by
the Secretary of Department of Social Judicial Power; Trial by Jury (2013)
Welfare and Development pursuant to the
Department implementing rules. No.IV. Congress enacted a law providing for
MangPandoy, a resident of smokey trial by jury for those charged with crimes
Mountain in Tondo, questioned the or offenses punishable by reclusion
authority of the Committee. perpetua or life imprisonment. The law
provides for the qualifications of members
Page 61 of 168
of the jury, the guidelines for the bar and (Paragraph 2, Section 1, Article VIII,
bench for their selection, the manner a trial 1987 Constitution).
by jury shall operate, and the procedures to
be followed. Trial by Jury shall have the power to
adjudge which claims are true and which
Is the law constitutional? (6%) are not. Composed of 12 jurors and two
alternate jurors, the Trial Jury shall be
SUGGESTED ANSWER:
kept in secret places until the usually-
one-week trial ends in case the accuseds
The law providing for trial by jury is
are influential persons. After deciding
unconstitutional, because of the
who are saying the truth, the judge in
omission in Article VIII, Section 5(5) of
their court shall apply the law on the
the 1987 Constitution of the provisions
jury’s decision. Although at times, trial
in Article VIII, Section 13 of the 1935
jury nullifies the law if they felt it is an
Constitution and Article X, Section 5(5)
injustice.
1973 Constitution, which authorized the
Legislature to repeal, alter or
In other words, in the trial provided by
supplement the rules of procedure
the present constitution, the judge
promulgated by the Supreme Court.
decides, while in trial by jury, the jury
Congress can no longer enact any law
decides, however the judge only applies
governing rules of procedure of the
the law basing from that of the jury’s
courts (Echegaray vs. Secretary of
decision.
Justice, 301 SCRA 96).
ALTERNATIVE ANSWER:
ALTERNATIVE ANSWER:
The law is valid, because the grant of a
No, it will be unconstitutional because it right to trial by jury involves a
will be contrary to the judicial power substantive law and is within the
which includes the duty of the courts of competence of Congress (Article VIII,
justice to settle actual controversies Section 5(5) of the 1987 Constitution).
which are legally demandable and
enforceable, and to determine whether
or not there has been a grave abuse of Judicial Power; Trial by Jury (2008)
discretion amounting to lack or excess
jurisdiction on the part of any branch or No.XIII. Congress enacted law establishing
instrumentality of the Government the right to trial by jury of an accused

charged with a felony or offense punishable
Page 62 of 168
with reclusion perpetua or life (PET). After due consideration of the facts
imprisonment. The law provides for the and the issues, the PET ruled that Orange
qualifications of prospective jury members, was the real winner of the elections and
the guidelines to be observed by the Judge ordered his immediate proclamation.
and the lawyers in jury selection including
the grounds for challenging the selection of (c) What is the composition of the PET?
jury members, and the methodology for jury (2%)
deliberations. Is the law constitutional?

SUGGESTED ANSWER
Explain fully. (7%)
SUGGESTED ANSWER: The Presidential Electoral Tribunal is

composed of the Chief Justice and the
The law is unconstitutional because the Associate Justices of the Supreme Court
power to promulgate rules concerning Sitting en banc. (Section 4, Article VII of
the protection and enforcement of the Constitution.)
constitutional rights, pleading, practice,
and procedure in all courts is vested (d) What is judicial power? Explain Briefly.
only in the Supreme Court. (2%)
Congress cannot encroach to the SUGGESTED ANSWER

prerogatives of the Judiciary particularly
those expressly given by the Judicial Power – Sec.1(1) Art. 8 is the
Constitution. The interference of authority to settle justiciable
Congress of such power would be struck controversies or disputes involving
down because it violates the separation rights that are enforceable and
of powers. demandable before the courts of justice
or the redress of wrongs for violation of
such rights. (Lopez vs. Roxas, 17 SCRA
Presidential Electoral Tribunal; Judicial 756.) it includes the duty of the courts
Power (2012) to settle actual controversies involving
rights which are legally demandable and
No. IV. Mr. Yellow and Mr. Orange were the enforceable, and to determine whether
leading candidates in the vice-presidential or not there has a grave abuse of
elections. After elections, Yellow emerged as discretion amounting to lack or excess
the winner by a slim margin of 100,000 of jurisdiction on the part of any branch
votes. Undaunted, Orange filed a protest or instrumentality of the government.
with the Presidential Electoral Tribunal (Section 1, Article VIII of Constitution.)
Page 63 of 168
(b) Does the Ombudsman have authority to

conduct investigation over crimes or
Supervision; Courts and its Personnel;
offenses committed by public officials that
Ombudsman’s Jurisdiction (2012)
are NOT in connection or related at all to
the official’s discharge of his duties and
No. V. Judge Red is the Executive Judge of
functions? Explain. (3%)
Green City. Red is known to have corrupt
tendencies and has a reputation widely
SUGGESTED ANSWER
known among practicing lawyers for
accepting bribes. Ombudsman Grey, The Ombudsman can investigate crimes
wishing to "clean up" the government from or offenses committed by public officers
errant public officials, initiated an which are not connected with the
investigation on the alleged irregularities in performance of their duties. Under
the performance of duties of Judge Red. Section 13(1), Article XI of the
Constitution, the Ombudsman can
(a) Judge Red refused to recognize the
investigate any act or omission of a
authority of the Office of the Ombudsman
public official which is illegal. (Deloso vs.
over him because according to him, any
Domingo, 191 SCRA 545.)
administrative action against him or any
court official or employee falls under the (c) Who are required by the Constitution to
exclusive jurisdiction of the Supreme Court. submit a declaration under oath of his
Decide with reasons. (5%) assets, liabilities, and net worth? (2%)
SUGGESTED ANSWER SUGGESTED ANSWER
Since the complaint refers to the All public officers and employees are
performance of the duties of Judge Red, required to submit a declaration under
Ombudsman Grey should not act on it oath of their assets, liabilities and net
and should refer it to the Supreme worth. (Section 17, Article XI of the
Court. His investigation will encroach Constitution.)
upon the exclusive power of
administrative supervision of the
Supreme Court over all courts. (Maceda
vs. Vasquez, 221 SCRA 464.) ARTICLE IX Constitutional
Commissions
Rotational Scheme (2010)
Page 64 of 168
No. XXV.
(a) What is the rational scheme of ARTICLE IX Civil Service

appointments in the COMELEC?
Commission
SUGGESTED ANSWER:
Appointment; Relatives (2008)
The rational scheme of appointments in
the COMELEC refers to the appointment No.XII.. The Mayor of San Jose City
of the Commissioner and 5 of its appointed his wife, Amelia, as City
members not simultaneously but by Treasurer from among three (3) employees
intervals of every after 2 years upon of the city considered for the said position.
expiration of their term of office. Prior to said promotion, Amelia had been
an Assistant City Treasurer for ten (10)
(b) What are the two conditions for its years, that is, even before she married the
workability? City Mayor. Should the Civil Service
SUGGESTED ANSWER: Commission approve the promotional
appointment of Amelia? Why or why not?
The two conditions for its workability
are: SUGGESTED ANSWER:
(a) The first Chairman and The Civil Service Commission should
Commissioners should start on a disapproved the promotional
common date and appointment if at the time of
appointment Amelia is already married
(b) Any vacancy before the expiration of
to the appointing authority, the Mayor,
the term should be filled only for the
because it violates the rule on nepotism
unexpired balance of the term
which prohibits the appointment of
(c) To what other constitutional offices does relatives by consanguinity or affinity
the rational scheme of appointments apply? within the third degree of the appointing
SUGGESTED ANSWER: authority in public office. This is to
ensure that entrance to public office
The rational scheme of appointments
should be based on merits and fitness.
applies to:
The rule on nepotism also extends to
COA, CSC, COMELEC, JBC (Section 9(2), promotional appointment.
Article VIII, Section 1(2), Article IX-B
However, if at the time of appoint the
and Section 1(2), Article IX-D of the
Mayor and Amelia is not yet married and
Constitution).
Page 65 of 168
thereafter married each other, the The statement that a person who
promotional appointment should remain occupies in office that is defectively
as valid appointment. created is a de facto officer is TRUE. The
person appointed or elected pursuant to
an unconstitutional law is a de facto
Appointment; Relatives (2010) officer, before the law is declared to be

such. (State vs. Caroll, 38 Conn.[1871]).
No.XV.b. The rule on nepotism does not
apply to designations made in favor of a
relative of the authority making a
De Facto Officer; Salary Entitlement
designation
(2009)
SUGGESTED ANSWER:
No.XI.b. A de facto public officer is, by
FALSE. The Rule on Nepotism extends to
right, entitled to receive the salaries and
designation, and promotional
emoluments attached to the public office he
appointment in favor of a relative(Laurel
holds
vs. Civil Service Commission, 203 SCRA
SUGGESTED ANSWER:
195 [1991]).
TRUE. A de facto public officer
discharges his public duties under a
De Facto Officer (2010) color of title to the office, therefore, by
right entitled to salary (Civil Liberties vs.
No. XV.a. A person who occupies an office
Executive Secretary, 194 SCRA 317).
that is defectively created is a de facto
officer.
SUGGESTED ANSWER: Discretionary Duty of a Public Officer

(2010)
FALSE. A de facto officer occupies a
valid existing office however under a No.XV.c. A discretionary duty of a public
color of title of the office. For him to be officer is never delegable
a de facto officer, the office must be SUGGESTED ANSWER:
validly created. (Tuanda vs.
The statement that a discretionary duty
Sandiganbayan, 249 SCRA 342 [1995]).
of a public officer can never be delegated
ALTERNATIVE ANSWER: is FALSE. It can be delegated if the
delegation is authorized (Mechem, A
Page 66 of 168
Treatise on the Law on Public Offices Security of Tenure (2010)

and Officers, p.368).
No.XV.d. Acquisition of civil service
ALTERNATIVE ANSWER: eligibility during tenure of a temporary
appointee does not automatically translate
TRUE. Discretionary duty of a public
to a permanent appointment.
officer cannot be delegated.
SUGGESTED ANSWER:
TRUE. There is a need for another

Oath or Affirmation (2007) appointment for permanency (Province
of Camarines Sur vs. Court of Appeals,
No. VI. b. All public officers and employees
246 SCRA 281 [1995]).
shall take an oath to uphold and defend the
Constitution.
SUGGESTED ANSWER:
The statement is true. This is expressly ARTICLE IX COMELEC
provided for in Section 4, Article IX-B of
the 1987 Constitution. Commission En Banc; Jurisdiction
ALTERNATIVE ANSWER: (2012)
The statement is true as under Section

No. VII. Mayor Pink is eyeing re-election in
40 of the Administrative Code of 1987
the next mayoralty race. It was common
(Executive Order No. 292), it is provided
knowledge in the town that Mayor Pink will
that “all public officers and employees of
run for re-election in the coming elections.
the government, including every
The deadline for filing of Certificate of
member of the armed forces shall, before
Candidacy (CoC) is on March 23 and the
entering upon discharge of his duties,
campaign period commences the following
take an oath or affirmation to uphold
day. One month before the deadline, Pink
and defend the Constitution.
has yet to file her CoC, but she has been
ALTERNATIVE ANSWER:
going around town giving away sacks of rice
The statement is false. The Constitution
with the words "Mahal Tayo ni Mayor Pink"
states: “All public officers and employees
printed on them, holding public gatherings
shall take an oathe or affirmation to
and speaking about how good the town is
uphold and defend this Constitution”
doing, giving away pink t-shirts with "Kay
(1987 Constitution, Art. IX-B, sec.4).
Mayor Pink Ako" printed on them.
Page 67 of 168
(a) Mr. Green is the political opponent of (b) Distinguish briefly between Quo
Mayor Pink. In April, noticing that Mayor Warranto in elective office and Quo
Pink had gained advantage over him Warranto in appointive office. (3%)
because of her activities before the
campaign period, he filed a petition to SUGGESTED ANSWER:
disqualify Mayor Pink for engaging in an

In quo warranto in elective office, the
election campaign outside the designated
issue is the ineligibility of the elected
period.
candidate. (Section 3(e), Rule 1, Rules of
a.1. Which is the correct body to rule on the Procedure in Election Cases.) If he is
matter? Comelec en banc, or Comelec ineligible, the candidate who got the
division? Answer with reasons. (2%) second highest number of votes cannot
be proclaimed elected. (Sinsuat vs.
SUGGESTED ANSWER: Commission on Elections, 492 SCRA
264.) A voter may file a petition for quo
It is the Commission on elections en warranto against an elected candidate.
banc which should decide the petition. The petition should be filed within ten
Since it involves the exercise of the days after the proclamation of the
administrative powers of the elected candidate.
Commission on Elections, Section 3,
Article IX-C of the Constitution is not In quo warranto in appointive office, the
applicable. (Baytan vs. Commission on issue is the legality of the appointment.
Elections, 396 SCRA 703.) The court will decide who between
the parties has the legal title to the
a.2. Rule on the petition. (5%) office. (Nachura, Outline Reviewer in
Political Law, p.567.)
SUGGESTED ANSWER:
It is the Solicitor General, a public

The petition should be denied. Under
prosecutor, or a person claiming to be
Section 80 of the Omnibus Election
entitled to the public office can file a
Code, to be liable for premature
petition for quo warranto against an
campaigning he must be a candidate.
appointive official. (Section 2 and 5,
Unless he filed his certificate of
Rule 66 of the Rules of Court.) The
candidacy, he is not a candidate. (Lanot
Petition should be filed within one year
vs. Commission on Elections, 507 SCRA
after the cause of action accrued.
114.)
(Section 11, Rule 66 of the Rules of
Court.)
Page 68 of 168
No. Galicia is not eligible to run for an

elective position because the executive
Grant of Pardon to Election Offenses
clemency is not valid and effective
(2010)
because it was granted with
No. XVII. During his campaign sortie in constitutional infirmity. The
Barangay Salamanca, Mayor Galicia was Constitution requires recommendation

arrested at a PNP checkpoint for carrying from the COMELEC before the President
high-powered firearms in his car. He was may grant executive clemency for
charged and convicted for violation of the offenses violating election laws.
COMELEC gun ban. He did not appeal his
conviction and instead applied for executive
clemency. Acting on the favorable
recommendation of the Board of Pardons
Election Laws
and Parole, the President granted him
Election Protest; Substitution; Quo
pardon. Is he eligible to run against for an
Warranto (2009)
elective position?. Explain Briefly. (5%)
No. II. Despite lingering questions about his
SUGGESTED ANSWER:
Filipino citizenship and his one-year
Mayor Galicia can run again for an residence in the district, Gabriel filed his
elective office but not immediately. certificate of candidacy for congressman
Under Section 40 of the Local before the deadline set by law. His
Government Code, he cannot run for an opponent, Vito, hires you as lawyer to
elective office within two (2) years after contest Gabriel’s candidacy.
serving sentence. Under Section 12 of

(a) Before Election Day, what action or
the Omnibus Election Code, he can run
actions will you institute against Gabriel,
for an elective national office after the
and before which court, commission or
expiration of five (5) years from his
tribunal will you file such action/s?
service of sentence. The pardon granted
Reasons. (2%).
to him is invalid. The offense involved a
SUGGESTED ANSWER:
violation of the Omnibus Election Code
and the pardon was granted without the File with COMELEC in division, a
favorable recommendation of the petition to deny due course or to cancel
Commission on Elections. (Section 5, Certificate of Candidacy within 25 days
Article IX-C of the Constitution). from the time of filing of the COC on the
ground of material representation
ALTERNATIVE ANSWER:
Page 69 of 168
contained in the certificate is false; or certified by, the same political party
file a petition with the COMELEC in may file a certificate of candidacy to
division to cancel the COC because he is replace the candidate who dies,
a nuisance candidate. There must be a withdrew or was disqualified not later
showing that: than mid-day of the day of the election
(sec.76, OEC).
a. The COC was filed to put the
election process in a mockery Since there is no showing in the present
or disrepute case that Gabriel is a member of a
b. Cause confusion among voters registered political party, in no moment
by similarity of names of could he be substituted if he withdraws
registered candidates his COC.
c. By other circumstances or
(c) If the action/s instituted should be
acts which demonstrate that a
dismissed with finality before the election,
candidate has no bona fide
and Gabriel assumes office after being
intention to run for the office
proclaimed the winner in the election, can
for which his certificate of
the issue of his candidacy and/or
candidacy has been filed, and
citizenship and residence still be
thus prevent a faithful
questioned? If so, what action or actions
determination of the true will
may be filed and where? If not, why not?
of the electorate.
(2%)
SUGGESTED ANSWER:
(b) If, during the pendency of such action/s
but before election day, Gabriel withdraws Yes, a petition for quo warranto may be
his certificate of candidacy, can he be filed with the House of Representative
substituted as candidate? If so, by whom Electoral Tribunal questioning his
and why? If not, why or why not? eligibility to continue to hold such
SUGGESTED ANSWER: elective position.
No. when the candidate who withdraws is A quo warranto proceeding may be filed
an independent candidate, he cannot be by any citizen of the Philippine
substituted. Under the law, if after the questioning the eligibility of an elective
last day for the filing of certificates of officer with respect to his continued
candidacy, an official candidate of a possession of the qualifications of age,
registered or accredited political party citizenship, and residency, as the case
dies, withdraws or is disqualified for any may be. Should the action prosper and a
cause, only a person belonging to, and
Page 70 of 168
decision be rendered against the elective District Board of Canvassers denied both
official, the latter shall be removed from objections and ruled to include the
office leaving the position vacant. certificate of canvass. May MP appeal the
rulings to the COMELEC? Explain. (6%)
Moreover, the Sole judge to hear and
decide concerning the election, returns SUGGESTED ANSWER:
and qualification of the members of the
NO. COMELEC’s Jurisdiction over pre-
House of Representative is the HRET.
proclamation cases pertains only to
The HRET shall have jurisdiction over
elections of regional, provincial and city
the election contest when the candidate
officials.
has been proclaimed, taken his oath and
assumed to office. (Sec. 15, RA 7166) – No pre-proclamation
cases in election of national officials. For
purposes of the elections for President,
Pre-Proclamation Contest (2008) V-President, Senator and Member of the
House of Representatives, no pre-
No.X. The 1st Legislative District of South
proclamation cases shall be allowed on
Cotabato is composed of General Santos
matters relating to the preparation,
and three municipalities including
transmission, receipt, custody and
Polomolok. During the canvassing
appreciation of the election returns or
proceedings before the District Board of
the certificates of canvass, as the case
Canvassers in connection with the 2007
may be.
congressional elections, candidate MP
objected to the certificate of canvass for ALTERNATIVE ANSWER:
Polomolok on the ground that it was
(sec. 20, RA 7166)
obviously manufactured, submitting as
evidence the affidavit of mayoralty Yes. a party adversely affected by the
candidate of Polomolok. The Certificate of ruling of the board shall immediately
canvass for General Santos was likewise inform the board if he intends to appeal
objected to by MP on the basis of the said ruling to the COMELEC. The party
confirmed report of the local NAMFREL that adversely affected by the ruling may file
10 elections returns from non-existent a verified notice of appeal with the board
precincts were included in the certificate. within a non-extendible period of 5 days.
MP moved that the certificate of canvass for
General Santos be corrected to exclude the
results from the non-existent precincts. The
Page 71 of 168
Three Term Limit; Contest; Substitution consecutiveness of his term of office.

(2008) (Ong v. Alegre, Jan. 23, 2006).
No.IX. Abdul ran and won in the May 2001,

(b) Abdul also consults you whether his
2004, and 2007 elections for Vice-Governor
political party can validly nominate his wife
of Tawi-Tawi. After being proclaimed Vice-
as substitute candidate for Vice-Governor of
Governor in the 2004 elections, his
Tawi-Tawi in May 2010 election in case the
opponent, Khalil, filed an election protest
COMELEC disqualifies him and denies due
before the Commission on Election. Ruling
course to or cancels his certificate of
with finality on the protest, the COMELEC
candidacy in view of a false material
declared khalil as the duly elected Vice-
representation therein. What will be your
Governor though the decision was
advice? (3%)
promulgated only in 2007, when Abdul had
SUGGESTED ANSWER:
fully served his 2004-2007 term and was in
fact already on his 2007-2010 term as Vice- I will advise him that his wife can be a
Governor. substitute if his wife is a member of the
political party and is certified by such
(a) Abdul now consults you if he can still
political party that she is going to
run for Vice-Governor of Tawi-Tawi in the
substitute abdul as candidate for Vice-
forthcoming May 2010 election on the
Governor and that the substitution must
premise that he could not be considered as
be made within the prescribed period
having served as Vice-Governor from 2004-
provided by law. Provided further that
2007 because he was not duly elected to
his wife is eligible to hold public office
the post, as he assumed office merely as
meaning she has all the qualifications
presumptive winner and that presumption
and none of the disqualifications.
was later overturned when COMELEC
decided with finality that had lost in the
May 2004 elections. What will be your Vacancy: Succession; Recall (2010)
advice? (3%). No. XXII. Governor Diy was serving his
SUGGESTED ANSWER: third term when he lost his governorship in
a recall election.
Will advice Abdul that he can no longer
run for Vice-Governor in the forthcoming (a) Who shall succeed Governor Diy in his
May 2010 election because there is no office as Governor?
interruption of service of his 2004-2007 SUGGESTED ANSWER:
term. He is considered to have already
served and thereof it is counted in the
Page 72 of 168
The candidate who received the highest

number of votes in the recall will
succeed Governor Diy (Section 72 of the Vacancy: Sangguniang Panlalawigan
Local Government Code). (2008)
No XI. On august 8, 2008, the Governor of
(b) Can Governor Diy run again as governor
Bohol died and Vice-Governor Cesar
in the next election?
succeeded him by operation of law.
SUGGESTED ANSWER:
Accordingly, Benito, the highest ranking
Yes, because recall election is an member of the Sangguniang Panlalawigan
interruption of the consecutiveness of was elevated to the position of Vice-
the term of office it cannot be counted. Governor. By the elevation of Benito to the
A recall election is a mid-way election Office of Vice-Governor, a vacancy in the
and the term is not completed when one Sangguniang Panlalawigan was created.
is conducted. The third term of Governor How should the vacancy be filled?
Diy should not be included in computing
SUGGESTED ANSWER:
the the=ree-term limit. (Lonzanida vs.
Commission on Elections, 311 SCRA 602 (sec. 44-46, RA 7160)
[1999]).
The vacancy shall be filled in the
(c) Can Governor Diy refuse to run in the following manner:
recall election and instead resign from his
1. If Benito is affiliated with a
position as governor?
political party, the vacancy in the
SUGGESTED ANSWER:
Sangguiniang Panlalawigan shall
Governor Diy cannot refuse to run in the be filled by a nomination and
recall election. He is automatically certificate of membership of the
considered as a duly registered appointee from the highest
candidate. (Section 71, Local official of the political party.
Government Code). (must be filled with someone who
belongs to the political party to
ALTERNATIVE ANSWER:
maintain the party representation
YES, Governor Diy is not compelled to as willed by the people in the
run in a recall election. Recall election is election).
called because the electorate has lost
confidence to the elective official. He 2. If Benito is not affiliated with a
may instead resign from his position. political party, the vacancy shall
Page 73 of 168
be filled by the PRESIDENT without the need of any other law is an

through the executive secretary. authorized exercise
ALTERNATIVE ANSWER:
TRUE. The confiscation of driver’s

ARTICLE X Local license by MMDA is part of its executive
function to enforce the law.
Government
Boundary Dispute Resolution; LGU; RTC

(2010)
Internal Revenue Allotment Fund (2007)
No.XIII.c. Boundary disputes between and

No. VIII. The Provincial Governor of
among municipalities in the same province
Bataan requested the Department of
may be filed immediate with the RTC
Budget and Management (DBM) to
SUGGESTED ANSWER:
release its Internal Revenue Allocation
FALSE. Should be referred for settlement (IRA) of P100 million for the current
to the SANGGUNIANG PANLALAWIGAN
budget year. However, the General
concerned (see. Sec. 118, RA No.7160;
Appropriations Act provided that the
Municipality of Sta. Fe vs. Municipality
IRA may be released only if the province
of Artao, 533 SCRA 586 [2007]).
meets certain conditions as determined
by an Oversight Council created by the
Confiscation of Driver’s License; MMDA President.
(2010)
(a) Is this requirement valid?
No.XIII.d. The MMDA is authorized to
confiscate a driver’s license in the SUGGESTED ANSWER:
enforcement of traffic regulations.(0.5%) No, this requirement is not valid. Under
SUGGESTED ANSWER: the 1987 Constitution, it is provided
that “local government units shall have
False. Since Republic Act No. 7924 does
a just share, as determined by law, in the
not grant the Metropolitan manila
national taxes which shall be
Development Authority to enact
automatically released to them.” As held
ordinances, the grant to it by Section
in the case of Alternative Center for
5(f) of Republic Act No. 7924 of the
Organizational Reforms and
power to confiscate driver’s license
Development, et.al. v. Zamora, G.R. No.
144256 (June 08, 2005), a basic feature
Page 74 of 168
of local fiscal autonomy is the automatic (b) De facto municipal corporation

release of the shares of LGUs in the SUGGESTED ANSWER:
national internal revenue. The Local
DE FACTO MUNICIPAL CORPORATION –
Government Code specifies further that
De facto municipal corporation is a
the release shall be made directly to the
public corporation that exists although
LGU concerned within five (5) days after
it has not complied with the statutory
every quarter of the year and “shall not
requirements like:
be subject to any lien or holdback that
may be imposed by the national a. Authorization by a valid law
government for whatever purpose.” b. A colorable and bona fide attempt to
organize under a valid law
(b) The Provincial Governor is a party-mate c. An assumption of powers conferred
of the President. May the Bataan under the law
Representative instead file a petition to It primarily attends to the needs of the
compel the DBM to release the funds? general welfare.
SUGGESTED ANSWER:
(c) Municipal corporation by estoppels
Yes. A congressman from a particular
SUGGESTED ANSWER:
LGU may validly have standing to
demand that IRA for his province be MUNICIPAL CORPORATION BY
released in accordance with the ESTOPPELS- A municipal corporation by
Constitution and the Local Government estoppels is a corporation which is so
Code. As a representative of his defectively formed as not to be a de
province, he has a responsibility towards facto corporation but is considered a
his constituencies who can expect no corporation in relation to someone who
less than faithful compliance with the dealt with it and acquiesced in its
Constitution. Moreover, the issue exercise of its corporate functions or
presented could be characterized as entered into a contract with it. (Martin,
involving transcendental importance to Public Corporations, 1985 ed.,p.20)
the people and the local government
units which had been guaranteed greater
local autonomy.
Ordinance Validity; Disapproval (2009)
No. III. The Municipality of Bulalakaw,
Municipal Corporation; De facto vs. Leyte, passed ordinance no. 1234,
Estoppel (2010) authorizing the expropriation of two parcels
No.XX Define/Explain of land situated in the poblacion as the site
Page 75 of 168
of a freedom park, and appropriating the Ordinance Validity; Regulation of Disco

funds needed therefor. Upon review, the Pubs (2010)
Sangguniang Panlalawigan of Leyte
No. XXI The Sangguniang Panlungsod of
disapproved the ordinance because the
Pasay City passed an ordinance requiring
municipality has an existing freedom park
all disco pub owners to have all their
which, though smaller in size, is still
hospitality girls tested for the AIDS virus.
suitable for the purpose, and to pursue
Both disco pub owners and the hosptitality
expropriation would be needless
girls assailed the validity of the ordinance
expenditure of the people’s money. Is the
for being violative of their constitutional
disapproval of the ordinance correct?
rights to privacy and to freely choose a
Explain you answer. (2%).
calling or business. Is the ordinance valid?
SUGGESTED ANSWER: Explain.
The Local Government Unit can exercise SUGGESTED ANSWER:

the power of eminent domain only
The ordinance is a valid exercise of
pursuant to an ordinance. Ordinances
police power. The right to privacy yields
passed by legislative body of a
to certain paramount rights of the public
municipality are subject to review by the
and defers to the exercise of police
Sangguniang Panlalawigan. The review
power. The ordinance is not prohibiting
by the SP is only to determine whether
the disco pub owners and the hospitality
or not the ordinance is beyond the power
girls from pursuing their calling or
conferred upon the Sanguniang Bayan
business but is merely regulating it.
(Municipality). The SP will declare the
(Social Justice Society vs. Dangerous
ordinance invalid if it goes beyond the
Drugs Board, 570 SCRA 410 [2008]). This
power granted to it.
ordinance is a valid exercise of police
The power of eminent domain is granted power, because its purpose is to
to the Municipality and it is within their safeguard public health. (Beltran vs.
competence to determine the necessity Secretary of Health, 476 SCRA 168
to expropriate private property for public [2005]).
purpose. This determination is not
ALTERNATIVE ANSWER:
within the review powers of the SP.
Jurisprudence dictates that an
Therefore, the disapproval of the
ordinance to be a valid exercise of police
ordinance is incorrect.
power it:
Page 76 of 168
1. Must not contravene the 2, Local Government Code; Department

constitution; of Agrarian Reform vs. Polo Coconut
2. Must not be unfair nor oppressive; Plantation Company, Inc., 564 SCRA
3. Must be reasonable; 78[2008]).
4. Must not prohibit what is allowed
but may regulate;
5. Must be applicable within its
ARTICLE XI Accountability
territorial jurisdiction or limits
6. Must be general in application of Public Officers
and consistent with public policy
Discipline; Preventive Suspension (2009)
7. And that the interest of the
general public requires the Maximo, an employee of the Department of
interference and that the means education, is administratively charged with
employed is reasonably necessary dishonesty and gross misconduct. During
for the accomplishment of its the formal investigation of the charges, the
purpose Secretary of Education preventively
Under the present case, the objective of suspended him for a period of 60 days. On
the ordinance is to secure the health and the 60th day of the preventive suspension,
safety of its populace. AIDS is an the Secretary rendered a verdict, finding
incurable disease that is very harmful to Maximino guilty, and ordered his
the health. However, how good the immediate dismissal from the service.
intention is the exercise of police power
Maximino appealed to the Civil Service
is not absolute. The interference has to
Commission which affirmed the Secretary’s
be lawful which is absent in the present
decision. Maximo then elevated the matter
case.
to the Court of Appeals. The CA reversed
the CSC decision, exonerating Maximino.
The secretary of education then petitions
Reclassification of Land (2010)
the Supreme Court for the review of the CA
No.XIII.b. Re-classification of land by a local decision.
government unit may be done through a
(a) Is the Secretary of Education a proper
resolution.
party to seek the review of the CA decision
SUGGESTED ANSWER:
exonerating Maximino? Reasons (2%)
FALSE. Re-classification of land must be SUGGESTED ANSWER:
done through an ORDINANCE ( Section
Page 77 of 168
The Secretary of Education is not the preventive suspension, he was not yet
proper party to seek review of the out of service. However, he is entitled to
decision of the Court of Appeals, because back wages from the time of his
he is the one who heard the case and dismissal until his reinstatement. The
imposed the penalty. Being the enforcement of the dismissal pending
disciplinary authority, the Secretary of appeal was punitive, and he was
Education should be impartial and exonerated (Gloria vs. Court of Appeals,
should not actively participate in 306 SCRA 287 [1999]).
prosecuting Maximino (National
Appellate Board of the National Police
Commission vs. Mamauag, 446 SCRA Impeachment; Grounds (2013)
624 [2005]).
No.V. As a leading member of the Lapiang
(b) If the SC affirms the CA decision, is
Mandirigma in the House of
Maximino entitled to recover back salaries
Representatives, you were tasked by the
corresponding to the entire period he was
party to initiate the moves to impeach the
out of the service? Explain your answer.
President because he entered into an
(3%)
executive agreement with the US
SUGGESTED ANSWER:
Ambassador for the use of the former Subic
As a general rule, Maximo is not entitled Naval Base by the US Navy, for free, i.e.,
to recover back salaries corresponding to without need to pay rent nor any kind of
the entire period he was out of the fees as a show of goodwill to the U.S.
service because of the NO WORK NO PAY because of the continuing harmonious RP-
RULE. But if it is found that he is US relations.
illegally dismissed or suspended he is

Cite at least two (2) grounds for
entitled to back wages and other
impeachment and explain why you chose
monetary benefits from the time of his
them. (6%)
illegal dismissal or suspension up to his
reinstatement.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
The President can be impeached for
Maximo cannot recover back salaries culpable violation of the Constitution
during his preventive suspension. The and betrayal of public trust. The
law does not provide for it. Preventive Supreme Court has already ruled that
suspension is not a penalty. During the the provision in Article XVIII, Section 25
Page 78 of 168
of the Constitution requires a treaty Act), that one corrupt practice of a

even for the mere temporary presence of public officer includes knowingly
foreign troops in the Philippines (Bayan approving or granting any license,
vs. Zamora, 342 SCRA 499). The permit, privilege or benefit in favor of
President cannot claim, therefore, that any person not qualified for or not
he acted in good faith. (Report of the legally entitled to such license, permit,
Special Committee in the Impeachment privilege or advantage, or of a mere
of President Quirino, Congressional representative or dummy of one who is
Record of the House of Representatives, not so qualified or entitled. Since the
Vol. IV, p. 1553). Betrayal of public trust President gave the U.S. Navy the
includes violation of the oath of the privilege to use the former Subic Naval
office of the President (Record of the Base for free without need to pay rent
Constitutional Commission, Vol. II, nor any kind of fees.
p.272). In his oath of office, the
President swore to preserve and defend (2) Culpable Violation of the
the Constitution (Article VII, Section 5 Constitution. The president knowingly
of the 1987 Constitution). violated the provision stated in Section
11, Article XII of the Constitution which
ALTERNATIVE ANSWER: provides that no franchise, certificate, or
any other form of authorization for the
The President can be impeached for
operation of a public utility shall be
culpable violation of the Constitution
granted except to citizens of the
and graft and corruption (Article XI,
Philippines or to corporations or
Section2). By entering into the executive
associations organized under the laws of
agreement, the President violated
the Philippines at least sixty per centum
Section 3(d) of the Anti-Graft and
of whose capital is owned by such
Corrupt Practices Act because of the
citizens, nor shall such franchise,
injury to the Republic of the Philippines.
certificate, or authorization be exclusive
ALTERNATIVE ANSWER: in character or for a longer period than
50 years.
The two grounds for impeachment
suitable to the case of the president are:
Impeachment; Purpose; Grounds (2012)
(1) Graft and Corruption. It is stated
under Section 3(j) of Republic Act No. No. II.A verified impeachment complaint
3019 (Anti-Graft and Corrupt Practices was filed by two hundred (200) Members of
Page 79 of 168
the House of Representatives against The purpose of impeachment is not to

Madam Chief Justice Blue. The complaint punish but only to remove a public
was immediately transmitted to the Senate officer to secure the people against gross
for trial. political misdemeanors. (Bernas, The
1987 Constitution of the Philippines, A
(a) Madam Chief Justice Blue challenges Commentary, 2009 ed., p. 1150.)
such immediate transmittal to the Senate Conviction does not prevent further
because the verified complaint 1) not prosecution and punishment. The person
included in the order of business of the convicted is subject to prosecution and
House, 2) was not referred to the House punishment according to law. (Section
Committee on Justice for hearing and 3(7), Article XI of the Constitution.)
consideration for sufficiency in form and
substance, and 3) was not submitted to the (c) Enumerate the grounds for
House Plenary for consideration as impeachment. Is graft and corruption a
enumerated in Paragraph (2), Section 3, ground for impeachment? (2%)
Article XI of the 1987 Constitution. Decide
with reasons. (5%) SUGGESTED ANSWER
SUGGESTED ANSWER The following are the grounds for

impeachment:
Since he verified complaint was filed by
200 Members of the House of 1) Culpable violation of the
Representatives and they constituted at Constitution;
least one third of its Members, it need 2) Treason;
not undergo the procedure in Paragraph 3) Bribery;
2, Section 3, Article XI of the 4) Graft and Corruption;
Constitution. The verified complaint 5) Other high crimes; and
constitutes the Articles of Impeachment, 6) Betrayal of public trust
and trial by the Senate should proceed

forthwith (Section 3(4), Article XI of the
Constitution). Ombudsman; Power to Impose Penalties
(2009)
(b) What is the purpose of Impeachment?
Does conviction prevent further prosecution No.XI.d. Decisions of the Ombudsman
and punishment? Explain. (3%) imposing penalties in administrative
disciplinary cases are merely
SUGGESTED ANSWER recommendatory.
Page 80 of 168
SUGGESTED ANSWER: Education; Academic Freedom (2013)
FALSE. Under Section 15(3) of the No.VIII. Bobby, an incoming third year
Ombudsman Act, the Ombudsman has college student, was denied admission by
the power to ensure compliance with the his university, a premiere educational
imposition of penalty on public officers institution in Manila, after he failed in three
it finds at fault by virtue of its (3) major subjects in his sophomore year.
disciplinary authority (Office of the The denial of admission was based on the
Ombudsman vs. Madriaga, 503 SCRA 631 university's rules and admission policies.
[2006]).
Unable to cope with the depression that his
non-admission triggered, Bobby committed
suicide. His family sued the school for
ARTICLE XII National
damages, citing the school's grossly
Economy and Patrimony unreasonable rules that resulted in the
denial of admission. They argued that these
Acquisition of Lands (2009)
rules violated Bobby's human rights and
No.XI. a. Aliens are absolutely prohibited the priority consideration that the
from owning private lands in the Constitution gives to the education of the
Philippines. youth.
SUGGESTED ANSWER:
You are counsel for the university. Explain
FALSE. Aliens can acquire private lands your arguments in support of the
in the Philippines through hereditary university's case. (6%)
succession (intestate succession only
[Sec. 7, Art. XII]) and former natural-born SUGGESTED ANSWER:
citizens can also be a transferee but with
limitations. 5,000 square meters for I shall argue that under Article XIV,
urban and 3 hectares for rural (Sec.8 Art. Section 5(2) of the 1987 Constitution,
XII). the educational institution enjoys

academic freedom. Academic freedom
includes its rights to prescribe academic
standards, policies and qualification for
ARTICLE XIV Education,
the admission of a student (University of
Science, and Technology, San Agustin, Inc. vs. Court of Appeals,
230 SCRA 761).
Arts
Page 81 of 168
ALTERNATIVE ANSWER: The Constitution provides that every

citizen has the right to select a
The claim of Bobby’s family is not
profession or a course of study, subject
meritorious. It is provided under Section
to a fair, reasonable and equitable
5(2), Article XIV of the 1987
admission and academic requirements.
Constitution that Academic Freedom
shall be enjoyed in all institutions of Although the freedom to choose a
higher learning. Colleges, publicly- or profession can be regulated, the
privately-owned, if they offer collegiate limitation should not be oppressive,
courses, enjoy academic freedom. unreasonable and unfair so as to restrict
From the standpoint of the educational the freedom of choice. It is not for the
institution, the university has the State to decide what a student would
freedom to determine “who may teach; take up in college. But if it were for
what may be taught, how it shall be national security in order to defend the
taught; and who may be admitted to State then a compulsory rendition of
study” (Sweezy v. State of New military service may be made through a
Hampshire, 354 U.S. 234). law.

No.I (b) The 1987 Constitution has

No.XVII. As a reaction to the rice shortage
increased the scope of academic freedom
and the dearth of mining engineers.
recognized under the previous Constitution.
Congress passed a law requiring graduates
SUGGESTED ANSWER:
of public science high schools henceforth to
take up agriculture or mining engineering The statement is true. The 1987
as their college course. Several students Constitution provides that academic
protested, invoking their freedom to choose freedom shall be enjoyed in all
their profession. Is the law constitutional? institutions of higher learning. This is
more expansive in scope than the 1973
SUGGESTED ANSWER:
Constitution which stated that: All
The law is unconstitutional because institutions of higher learning shall
creating occupation against the will of enjoy academic freedom. While the 1973
the student in making a living is a form Charter suggests that academic freedom
of involuntary servitude, not was institutional in the sense that it
constitutionally encourage. belonged to the colleges and
Page 82 of 168
universities, the present Charter gives official languages of the Philippines are
the guaranty to all other components of Filipino and, until otherwise provided by
the institution, including faculty and law, English.” Thus, while Filipino will
possibly students. always be an official language, Congress
may, by law, remove English as the other
ALTERNATIVE ANSWER:
official language. Hence, the statement
The statement is false. The scope of
is false as the continuation of English as
academic freedom remains the same.
an official language is subject to the
Article XIV, Section 5 (2) of the
control and discretion of Congress.
Constitution provides that academic
ALTERNATIVE ANSWER:
freedom shall be enjoyed in all
institutions of higher learning. As held The statement is true. To be more
in U.P. Board of Regents v. Court of precise, however, what is only to remain
Appeals, G.R. No. 134629, August 31, as official until otherwise provided by
1999, “This (provision) is nothing new. law is English. Filipino will always be an
The 1935 and the 1973 official language under the Charter.
Constitution likewise provided for
academic freedom or, more precisely, for
Education; Teaching of Religion (2010)
the institutional autonomy of
universities and institutions of higher No. XIX. To instill religious awareness in
learning.” the Students of Dona Trinidad High School,
a public school in Bulacan, the Parent-
Teacher’s Association of the school
contributed funds for the construction of a
Education: Communication and
grotto and a chapel where ecumenical
Instruction (2007)
religious services and seminars are being
No.I. (a) For purposes of communication held after school hours. The use of the
and instruction, the official languages of school grounds for these purposes was
the Philippines are English and Filipino, questioned by a parent who does not belong
until otherwise to any religious group. As his complaint
SUGGESTED ANSWER: was not addressed by the school officials,
he filed an administrative complaint against
The statement is false. Article XIV,
the principal before the DECS. Is the
Section 7 of the 1987 Constitution
principle liable?
provides that for “purposes of
communication and instruction, the SUGGESTED ANSWER:
Page 83 of 168
The principal is liable. Although the However, 100% foreign owned

grotto and the chapel can be used by educational institution may be
different religious sects without established here in the Philippines for
discrimination, the land occupied by the religious groups and mission boards.
grotto and the chapel will be
permanently devoted to religious use
without being required to pay rent. This Education: Scholarship Grants (2007)
violates the prohibition against the
No. IX. The Department of Education
establishment of religion enshrined in
Section 5 of the Bill of Rights. (Opinion (DepEd) requires that any school applying
for a tuition fee increase must, as a
No.12 of the Secretary of Justice dated
condition for the increase, offer full tuition
February 2, 1979). Although religion is
allowed to be taught in public scholarships to students from low-income
families. The Sagrada Familia Elementary
elementary and high schools, it should
School is a Catholic school and has applied
be without additional cost to the
government. (Section 3(3), Article XIV of for a tuition fee increase. Under this
regulation by the DepEd, it will end up
the Constitution).
giving tuition scholarships to a total of 21
students next year. At a cost of P50,000 per
student, the school will lose a total of P1.05
Education; Foreign Ownership (2009)
million for next year.
No.I.d. An educational institution 100% a. Is this DepEd requirement valid?
foreign-owned may be validly established in SUGGESTED ANSWER:
the Philippines. The requirement is valid. Under Section
SUGGESTED ANSWER: 7 of Presidential Decree No. 451, as a
condition to the grant of any increase in
TRUE. If it is established by religious
tuition, private schools with a total
groups and mission boards. (Sec.4(2),
enrollment at least 1,000 are required to
Art. XIV).
provide scholarships to poor but
As a general rule, educational institution deserving students at the rate of one
must be owned exclusively to citizens of scholarship for every 500 students
the Philippines or qualified corporation enrolled.
at least 60% of the capital of which is ALTERNATIVE ANSWER:
owned by Filipino citizen. No. It constitutes deprivation of
property without due process of law. The
law is confiscatory as it unduly shifts the
Page 84 of 168
burden of providing for the welfare of the Education; Study of Religion (2008)
poor to the private sector. The objective
No.XV. The principal of Jaena High School,
may be laudable but the means would be
a public school, wrote a letter to the
arbitrary and unreasonable. (Quezon City
parents and guardians of all the school’s
v. Judge Ericta, G.R. No. 34195, June
pupils, informing them that the school was
24, 1983).
willing to provide religious instruction to its
Catholic students during class hours,
b. If instead the DepEd requires a full
through a Catholic priest. However,
tuition scholarship for the highest ranking
students who wished to avail of such
students in each grade, determined solely
religious instruction needed to secure the
on the basis of academic grades and rank,
consent of their parents and guardians in
will the DepEd requirement be valid?
writing.
SUGGESTED ANSWER:
No, would still constitute a deprivation (a) Does the offer violate the constitutional
of property without due process of law. prohibition against the establishment of
(Balacuit v. CFI, G.R. no. 38429, June religion?
30, 1988). SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
No. the offer is valid, under the
Yes. Here, the matter may be considered
constitution, at the option expressed in
as a reasonable regulation exacted from
those who seek some form of writing by the parents or guardians,
religion shall be allowed to be taught to
accommodation from the government.
their children or wards in public
(Telebap v. COMELEC, G.R. No. 132922,
elementary and high schools within the
April 21, 1998). In exchange for what
regular class hours by instructors
they get as a concession from the State,
designated or approved by the religious
these institutions may be required to
shoulder part of the cost of promoting authorities of the religion to which the
children or wards belong, without
quality education for deserving citizens.
additional cost to the Government (Sec.
ALTERNATIVE ANSWER:
3(3), Art. XIV).
The requirement will be void, because
under section 7 of Presidential Decree
No. 44, the grant of scholarships by the (b) The parents of evangelical Christian
students, upon learning of the offer,
private schools to the students with
demanded that they too be entitled to have
scholastic distinctions is left to the
their children instructed in their own
determination of the private schools.
religious faith during class hours. The
Page 85 of 168
principal, a devout Catholic, rejected the TRUE. Under the constitution, Congress
request. As counsel for the parents of the may, by law, adopt a NEW NAME FOR
evangelical students how would you argue THE COUNTRY, A NATIONAL ANTHEM,
in support of their position? (3%) OR A NATIONAL SEALS, which shall all
SUGGESTED ANSWER: be truly reflective and symbolic of the
ideals, history and traditions of the
The rejection made by the principal is in
people. Such law shall take effect only
violation equal protection of the laws.
upon its ratification by the people in a
The option given by the constitution to
NATIONAL REFERENDUM (Section 2,
teach religion in public schools is
Article XVI of the Constitution).
without distinction to what religion
should only be taught. It does not
discriminate neither should the
principal. ARTICLE XVII Amendments
For classification to be valid the

or Revisions
following requisite must be present:
Amendments (2007)
a. Classification is based on
substantial distinction No. VI.a. An amendment to the Constitution
b. It must be germane to the shall be valid upon a vote of three-fourths
purpose of the law of all the Members of the Congress.
c. Must apply equally to all
members of the same class SUGGESTED ANSWER:
d. Not limited to existing The statement is false. First, an
conditions amendment proposed by Congress must
be approved by at least three-fourths
(3/4) vote of the members of the Senate
ARTICLE XVI General and of the House of Representatives
Provisions voting separately. It is inherent in a

bicameral legislature for two houses to
National Anthem (2009) vote separately (II Record of the
Constitutional Commission 493).
No.I. a. A law making “Bayan Ko” the new
Second, the amendment shall be valid
national anthem of the Philippines, in lieu
only when ratified by a majority of the
of Lupang Hinirang is constitutional.
votes cast in a plebiscite (Constitution,
SUGGESTED ANSWER:
Art. XVII, sec.4).
Page 86 of 168
PUBLIC INTERNATIONAL
Amendments; People’s Initiative (2009)

LAW
No.XVIII. What are the essential elements of Basic Principles; Reparation (2007)
a valid petition for a people’s initiative to

No. IV. In 1993, historians confirmed that
amend the 1987 constitutions?
during World War II, "comfort women" were
SUGGESTED ANSWER: forced into serving the Japanese military.

These women were either abducted or lured
The essential elements of a valid by false promises of jobs as cooks or
petition for a people’s initiative are: waitresses, and eventually forced against
their will to have sex with Japanese soldiers
1. The people must author and sign
on a daily basis during the course of the
the entire proposal; no agent or
war, and often suffered from severe
representative can sign in their
beatings and venereal diseases. The
behalf;
Japanese government contends that the
2. The proposal must be embodied in
"comfort stations" were run as "onsite
the petition; and
military brothels" (or prostitution houses)
3. The number of people who
by private operators, and not by the
petitioned must be at least 12%
Japanese military. There were many
of the total number registered
Filipina "comfort women."
voter, of which every legislative
district must be represented by at
a. Name at least one basic principle or
least 3% of the registered voter
norm of international humanitarian law
therein.
that was violated by the Japanese military
4. Any amendment through people’s
in the treatment of the "comfort women."
initiative shall be valid when
SUGGESTED ANSWER::
ratified by a majority of the votes
The treatment of “comfort women” by
cast in a plebiscite which shall be
the Japanese military violated Article
held not earlier than 60 days nor
XXVII of the Geneva Convention (IV),
later than 90 days after the
which provides that: “Women shall be
certification by the Commission
especially protected against any attack
on Election of the sufficiency of
on their honour, in particular against
the petition.
rape, enforced prostitution, or any form
of indecent assault.”
ALTERNATIVE ANSWER:
Page 87 of 168
The treatment of “comfort women” by SUGGESTED ANSWER:

the Japanese military violated Article III The defense is not valid. Under the
of the Geneva Convention (IV) which preamble of San Francisco Treaty, Japan
prohibits outrages upon personal dignity Undertook to conform to the protection
in particular humiliation and degrading and observance of human rights. The
treatment. San Francisco Treaty must yield to the
ALTERNATIVE ANSWER: United Nations Charter which provides
The principle of military necessity was for respect of human rights. Article 103
violated. It prohibits the use of any of the United Nations Charter provides
measure that is not absolutely necessary that the obligation of the member-States
for the purposes of the war. Military prevail over any other international
necessity is governed by several agreement. The waiver in Article 14(a) of
constraints: An attack or action must be the San Francisco Treaty is qualified by
intended to help in the military defeat of Article 14(b), which stated that Japan
the enemy, it must be an attack on a had no resources presently sufficient to
military objective and the harm caused make complete reparation for all such
to civilians or civilian property must be damages and sufferings and meet its
proportional and not excessive in other obligations. Thus the waiver was
relation to the concrete and direct operative only while Japan had
military advantage anticipated. Having inadequate resources.
to force women of the enemy state to ALTERNATIVE ANSWER:
serve the sexual needs of the soldiers is No, that is not a valid defense. Even if it
not absolutely necessary for the conduct could be argued that the Philippines, by
of the war. signing said Peace Agreement had the
right as a state to bring further claims, it
b. The surviving Filipina "comfort women" had no authority to waive the individual
demand that the Japanese government right to reparations vested directly in its
apologize and pay them compensation. nationals who were victims of sexual
However, under the 1951 San Francisco slavery. The Philippines can only validly
Peace Agreement -the legal instrument that waive its right to recovery of reparations
ended the state of war between Japan and for injuries to the state. Moreover, there
the Allied Forces -all the injured states, is no defense for the violation of jus
including the Philippines, received war cogens norms.
reparations and, in return, waived all ALTERNATIVE ANSWER:
claims against Japan arising from the war. No. The claim is being made by the
Is that a valid defense? individuals, not by the State and it is
Page 88 of 168
recognized that individuals may also be sovereign can ask his own government
subjects of international law apart from to espouse his cause through diplomatic
the state. Further, the San Francisco channels. The “comfort women” can
Peace Agreement could not be request the Philippine government,
interposed as a valid defense as this through the Department of Foreign
could not have been contemplated Affairs, to espouse its claims against the
therein. The use of “comfort women” Japanese government. (Holy See v.
was only confirmed long after that Rosario, G.R. No. 101949, December 1,
Agreement. Moreover, Article 17 (3) of 1994). The sovereign authority of a State
the New Civil Code provides that to settle the claims of its national
“prohibitive laws concerning persons, against foreign countries has repeatedly
their acts or property, and those which been recognized. This may be made
have for their object public order, policy without the consent of the nationals or
and good customs, shall not be rendered even without consultation without them.
ineffective by laws or judgments (Dames and Moore v. Regan, 433 U.S.
promulgated, or by determinations or 654, [1981])
conventions agreed upon in a foreign ALTERNATIVE ANSWER:
country. No. since the Philippines is a signatory
to that Agreement, courts may not
c. The surviving Filipina "comfort women" entertain a suit since that has been
sue the Japanese government for damages waived by the State. Moreover, it can be
before Philippine courts. Will that case argued that there was no state action
prosper? since the prostitution houses were being
SUGGESTED ANSWER: run by private operators, without the
The Filipina “comfort women” cannot control or supervision of the Japanese
sue Japan for damages, because a foreign government. (Southeast Case, United
State may not be sued before Philippine States v. Wilhelm List, Nuremberg Case
courts as a consequence of the principles No. 7, 1949)
of independence and equality of States
(Republic of Indonesia vs. Vinzon, 405
Concept of Association (2010)
SCRA 126 [2003]).
ALTERNATIVE ANSWER: No. XXVII What is the concept of
The case will not prosper in view of the association under international law?
doctrine of sovereign immunity from
Under international law, an association
suit. However, a person who feels
is formed when two states of unequal
aggrieved by the acts of a foreign
Page 89 of 168
power voluntarily establish durable links. counter to the national sovereignty and
In the basic model, one state, the territorial integrity of the Republic.
associate, delegates certain (Province of North Cotabato v. GRP
responsibilities to the other, the Peace Panel on Ancestral Domain, G.R.
principal, while maintaining its No. 183591, Oct. 14, 2008)
international status as a state. Free
associations represent a middle ground
Extradition: Double Criminality (2007)
between integration and independence.
No. III. Lawrence is a Filipino computer
Association under international Law, is a
expert based in Manila who invented a
formal arrangement between a non-self-
virus that destroys all the files stored in a
governing territory and independent
computer. Assume that in May 2005, this
State whereby such territory becomes an
virus spread all over the world and caused
associated State with internal self-
$50 million in damage to property in the
government, but the independent state
United States, and that in June 2005, he
is responsible for foreign relations and
was criminally charged before United States
defense.
courts under their anti-hacker law. Assume
For an association to be lawful, it must that in July 2005, the Philippines adopted
comply with the general conditions its own anti-hacker law, to strengthen
prescribed in the UN General Assembly existing sanctions already provided against
Resolution 1541 (XV) of 14 December damage to property. The United States has
160: (1) the population must consent to requested the Philippines to extradite him
the association; and (2) the association to US courts under the RP-US Extradition
must promote the development and well- Treaty.
being of the dependent state (the non-
self-governing territory). Association a. Is the Philippines under an obligation to
subject to UN approval. extradite Lawrence? State the applicable
rule and its rationale.
In deciding the constitutionality of the
SUGGESTED ANSWER:
Memorandum of Agreement on the
The Philippine is under no obligation to
Ancestral Domain (MOA-AD) Aspect of
extradite Lawrence. Under the principle
the GRP-MILF Tripoli Agreement on
of dual or double criminality, the crime
Peace of 2001, the Supreme Court had
must be punishable in both the
ruled that the concept of association
requesting and requested states to make
under international law is not recognized
it extraditable. In this case, only the
under the 1987 Constitution as it runs
United States had anti-hacker law at the
Page 90 of 168
time of the commission of the crime in The Philippines is under no obligation to

May 2005. The rational for the principle extradite Lawrence. The rule is that the
of dual criminality rests “in part on the crime must be punishable in both
basic principle of reciprocity” and “in countries at the time of the commission
part of the maxim nulla poena sine lege.” of the offense. Since there was yet no
(LA Shearer, 1971 Extradition in such crime in the Philippines at the time
International Law, Manchester when the acts complained of were done,
University Press, Manchester, p. 137.) in so far as the Philippines is concerned,
ALTERNATIVE ANSWER: Lawrence did not commit any crime;
Even if there was no anti-hacker law in hence, an extradition of Lawrence is
the Philippines when the United States tantamount to an ex post facto
requested the extradition of Lawrence, if application of the Philippine anti-hacker
the act is similar to malicious mischief law, prohibited by section 22, Article III
under Article 327 of the Revised Penal of the 1987 Constitution.
Code, The Philippines will be under the
obligation to extradite Lawrence (Coquia
Genocide (2010)
and Defensor, International law and
World Organizations, 4th ed. P.342). No. I. The dictatorial regime of the President
A of the Republic of Gordon was toppled by
b. Assume that the extradition request was a combined force led by Gen. Abe, former
made after the Philippines adopted its anti- royal guards and the secessionist Gordon
hacker legislation. Will that change your People’s Army. The new government
answer? constituted a Truth and Reconciliation
SUGGESTED ANSWER: Commission to look into the serious crimes
The Philippines will be under the committed under President A’s regime. After
obligation to extradite Lawrence. Both the hearings, the Commission
the Philippines and the United States recommended that an amnesty law be
have an anti-hacker law. The passed to cover even those involved in mass
requirement of double criminality is killings of members of indigenous groups
satisfied even if the act was not criminal who opposed President A. International
in the requested state at the time of its human rights groups argued that the
occurrence if it was criminal at the time proposed amnesty law is contrary to
that the request was made (Bassouni, international law. Decide with reasons. (4%)
International Extradition, 4th ed. p.469).
ALTERNATIVE ANSWER:
Page 91 of 168
SUGGESTED ANSWER: Thus, Republic of Gordon has the

The proposed amnesty law is contrary to obligation under international law to
international law. prosecute and punish all those involved
in the mass killing of the members of the
The indigenous group may constitute an indigenous group and providing amnesty
ethnic group which is protected by the to those involved is violative of this
law on Genocide. If the mass killing was obligation.
committed with the intent to destroy
(dolusspecialis) the said ethnic group as
such, in whole or in part, then the crime Hard Law vs. Soft Law (2008)
of Genocide was committed. The
No.I b. Under the International law,
international norm for the prevention,
prosecution and punishment of Genocide differentiate hard law from soft law. (3%)
SUGGESTED ANSWER:
is a peremptory (just cogens) norm of
international law and, therefore, non- Hard law refers to binding international
derogable. (Prosecutor v. Blagojevic and legal norms or those which have coercive
Jokic, ICTY, January 17, 2005) character. Examples of hard law are the
provisions of the:
Even if the mass killing was not a. UN Charter
committed with the dolusspecialis to b. The Vienna convention on
destroy the ethnic group as such, the diplomatic relations
same may still constitute the Crime c. The Geneva Conventions of
Against Humanity of Extermination if 1949
the mass killing was widespread and Soft law refers to norms that are non-
systematic or the War Crime of binding in character. Soft law usually
Intentionally Attacking Civilians if the serves as a precursor of hard law. the
same took place in the context of or was Universal Declaration of Human Rights
associated with an armed conflict. The (UDHR) is one such example. It was a
norm for the prevention, prosecution soft law when it was adopted by
and punishment of crimes against resolution of the UN General Assembly in
humanity and war crimes are also 1948, but it has led to the development
customary norms of international and of Hard Law with the adoption of 2
therefore binding on all States. binding covenants on human rights, ie.,
(Prosecutor v. Stakic, ICTY, July 31, the ICCPR and ICESC.
2003)
Examples of soft law are:
Page 92 of 168
a. Resolutions of the UN General intrauterine devices and surgical

Assembly sterilization. As a result, poor women in his
b. Draft of the International Law city lost their access to affordable family
Commision. planning programs. Private clinics,
however, continue to render family
ALTERNATIVE ANSWER: planning counsel and devices to paying
clients.
b) “Hard Law” refers to international
agreements formalized as treaties,
(b) Is the Philippines in breach of any
established customary international law
obligation under international law? Explain.
and generally accepted principles
SUGGESTED ANSWER:
common to the major legal systems of
The acts of the City Mayor may be
the world.
attributed to the Philippines under the
“Soft Law” has reference to principle of state responsibility Article

international agreements not covered by 26 of the International Covenant on
treaties and therefore not covered by the Civil and Political rights requires that
Vienna Convention. They are sometimes Philippine law shall prohibit any
referred to as “non-treaty agreements” discrimination and shall guarantee to all
or emerging law. In addition “Soft Law” persons equal and effective protection
also refers to administrative rules which against discrimination on any ground
guide the practice of states in relation to such as social origin, birth or other
international organizations. status. The Executive Order of the City

(Pharmaceutical Health care Assn. vs. Mayor discriminates against poor
Duque, G.R. No. 173034, Oct. 9, 2007.) women.
ALTERNATIVE ANSWER:
The Philippines is in breach of its
Human Rights; Civil and Political Rights obligations under the Convention on the
(2007) Elimination of All Forms of

Discrimination Against Women (CEDAW)
No. II. The City Mayor issues an Executive of which the country is a signatory.
Order declaring that the city promotes Under the CEDAW, “ State Parties shall
responsible parenthood and upholds take all appropriate measures to
natural family planning. He prohibits all eliminate discrimination against women
hospitals operated by the city from in the field of health care inorder to
prescribing the use of artificial methods of ensure, on basis of equality of men and
contraception, including condoms, pills, women, access to health care services,
Page 93 of 168
including those related to family a. Subject to derogation when national

planning” (Article 12, Section 1) Women security is threatened
shall likewise have “access to adequate b. Confined only during custodial
health care facilities, including investigation
information, counseling and services in c. Which is non-derogable both during
family planning.” (Article 14, Section peacetime and in a situation of
2[b]). armed conflict
ALTERNATIVE ANSWER: d. Both (a) and (b)
The Philippines is not in breach of any e. None of the above
obligation under international law. The SUGGESTED ANSWER:
protection of the life of the unborn from
C. “Freedom from torture is a right
conception is consistent with Article
which is non-derogable both during
6(1) of the Convention on the Rights of
peacetime and in a situation of armed
the Child, which Recognizes the
conflict.”
inherent life of every child. While Article
24(2)(f) of the Convention of the Rights
Article 2(2) of the U.N. Convention
of the Child requires that States Parties
Against Torture provides that “No
to develop family planning, education,
exceptional circumstances whatsoever,
and services and Article 10(h), Article
whether a state of war or a threat of war,
12(2) and Article 14(b) of the Convention
internal political instability or any other
on the Elimination of all forms of
public emergency, may be invoked as a
Discrimination against Women requires
justification of torture.”
that States Parties to provide access to
information, advice and services in
Because of the importance of the values
family planning, they do not prescribe
it protects, the prohibition of torture has
any specific form of such information
evolved into a peremptory norm or jus
and services.
cogens, that is, a norm that enjoys a
higher rank in the international
hierarchy than treaty law and even
Human Rights; Civil and Political Rights; ordinary customary rules. The most
Freedom from Torture (2010) conspicuous consequence of this higher
rank is that the norm prohibiting torture
No. XI. Which statement best completes the
cannot be derogated from by States
following phrase:
through international treaties or local or
“Freedom from torture is a right special customs or even general
Page 94 of 168
customary rules not endowed with the On the other hand, the jurisdiction of
same normative force. (Prosecutor v. the ICJ covers legal disputes which the
Furundzija, ICTY, December 10, 1998). States refer to it. This includes disputes
concerning:
(a) the interpretation of a treaty;
Int’l Court of Justice vs. Int’l Criminal (b) any question of international law;
Court (2010) (c) the existence of any fact which, if
established, would constitute a
No. II. Compare and contrast the breach of an international
jurisdiction of the International obligation; and
Criminal Court (ICC) and International (d) the nature or extent of the
Court of Justice (ICJ). (3%) reparation to be made for the breach
of an international obligation.
SUGGESTED ANSWER: (Article 36, ICJ Statute)
The jurisdiction of the International

The ICJ also has jurisdiction to give an
Criminal Court (ICC) primarily deals with
advisory opinion on any legal question
the prosecution of individuals for core
as may be requested by the General
international crimes, while the
Assembly or the Security Council or on
jurisdiction of the International Court of
legal questions arising within the scope
Justice (ICJ) deals with contentious
of the activities of other organs and
proceedings between States.
specialized agencies of the U.N. upon
As to subject matter jurisdiction (ratione their request and when so authorized by
materiae), the jurisdiction of the ICC is the General Assembly. (Article 96, U.N.
limited to the most serious crimes of Charter)
concern to the international community
as a whole, particularly: As to jurisdiction over the persons or
(a) the Crime of Genocide; parties (ratione personae), the ICC shall
(b) Crimes against Humanity; have the power to exercise its
(c) War crimes; and jurisdiction over persons for the most
(d) the Crime of Aggression. (R. serious crimes of international concern,
Sarmiento, Public International Law and shall be complementary to national
Bar Reviewer, 2009 Revised Edition, criminal jurisdictions. (Art. 1, Rome
p. 308). Statute) On the other hand, only States
may be parties in cases before the ICJ
and their consent is needed for the ICJ
Page 95 of 168
to acquire jurisdiction. (R. Sarmiento, slave trade are regarded as jus cogens.
Public International Law Bar Reviewer, When a treaty is in conflict with a jus
2009 Revised Edition, p. 185) cogens rule, the treaty is deemed void.
When a treaty is in conflict with the
other rules of international law, the
International Law Violation; Treaty
treaty amounts to a waiver of rights that
(2008)
prevents the parties from raising legal
No.II. May a treaty violate international claims against other over these rules.
law? if your answer is in the affirmative,
explain when such may happen. If you
answer is in the negative, explain why? (5%) Opinio Juris (2012)
SUGGESTED ANSWER: No. VI. President Black of the Republic of

Pasensya (RP) had a telephone conversation
Yes, a treaty may violate international
with President Blue of the People’s Republic
law when at the time of its conclusion, it
of Conquerors (PRC). In that conversation,
conflicts with peremptory norm of
both leaders agreed that they will both pull-
general international law (jus cogens) or
out all their vessels, civilian or otherwise,
if its conclusion has been procured by
sea crafts and other ships from the hotly
the threat or use of force in violation of
disputed Kalmado Shoal area within eight
the principles of international law
(8) days in order to de-escalate the
embodied in the Charter of the United
situation. After eight days, all RP ships and
Nations. (Vienna Convention on the Law
vessels have left the area. However, several
of Treaties, Art. 52 & 53).
military and civilian ships carrying the PRC
ALTERNATIVE ANSWER: flag remained in the area and began
construction of a dock that could provide
Treaty may contain provisions that
fuel and other supplies to vessels passing
depart from general rules of
by.
international law provided that the
provisions do not violate jus cogens, (d) What is opinio juris in International
which refer to rules of peremptory norms Law? (1%)
of international law so fundamental that
no nation may ignore them or attempt SUGGESTED ANSWER
to contract out of them through treaties.
To establish customary international
For example, the prohibitions on the use
law, two elements must concur: General
of force, genocide and participating in a
state practice and opinio juris sire
Page 96 of 168
necessitatis. State practice refers to the warnings given by the Thai Prime Minister
continuous repetition of the same or to foreigners, specially journalists, A moved
similar kind of acts or norms bystates. around the Thai capital. In the course of his
Opinio juris requires that the state coverage, he was killed with a stray bullet
practice or norm be carried out in such a which was later identified as having come
way as to be evidence of the belief that it from the ranks of the Red-Shirts. The wife
is obligatory by the existence of a rule of of A sought relief from Thai authorities but
law requiring it. (Bayan Muna vs. was refused assistance.
Romulo, 641 SCRA 244.)
(A) Is there state responsibility on the part
of Thailand?
SUGGESTED ANSWER:
Opinio Juris (2008)
No, there is no state responsibility on
No. I a. The legal yardstick in determining
the part of Thailand because the acts of
whether usage has become customary
the Thai Red-Shirts were not the acts of
international law is expressed in the maxim
Thailand. Under the Principle of
opinion juris sive necessitates or opinion
Attribution or Imputation, a State only
juris for short. What does the maxim mean?
incurs liability for individual acts or
(3%)
omission which can be attributed to it.
SUGGESTED ANSWER: The Thai Red-Shirts are not its officials,
agents, or representatives and they were
Opinio juris sive necessitates means the
not acting on the instructions of, or
common belief among states and actors
under the direction or control of, the
that a certain practice is obligatory. This
Thai Government. (R. Sarmiento, Public
is the subjective or psychological
International Law Bar Reviewer, 2009
requirement of customary law that
Revised Edition, pp. 65-66)
makes state practice a binding rule of
customary international law. (b) What is the appropriate remedy
available to the victim’s family under
international law?
Principle of Attribution or Imputation SUGGESTED ANSWER:
(2010) Unless the Red-Shirts become the new

Government of Thailand or Thailand
No. III. A, a British photojournalist, was acknowledges and adopts the conduct of
covering the violent protests of the Thai the Red-Shirts as its own, the victim’s
Red-Shirts Movement in Bangkok. Despite family has no appropriate remedy under
Page 97 of 168
international law. Their remedy, if any, crime under the Philippine law was
is only available under the domestic laws committed. Is William correct? Explain your
of Thailand by the institution of the answer? (3%)
appropriate criminal cases against the SUGGESTED ANSWER:
persons responsible for A’s killing and
No, William is not correct. While Article
the filing of an action to recover
22 of the Vienna Convention on
damages arising from A’s death.
Diplomatic Relations provides that the
premises of a diplomatic mission shall be
inviolable, and may not be entered by
Principle of Auto-Limitation (2009)
the police or by any other agent of the
No.XII. William, a private American Citizen, receiving State, except with the consent
a university graduate and frequent visitor of the Ambassador or the head of the
to the Philippines, was inside the US mission, it does not alter the fact,
embassy when he got into a heated however, that such premises are still
argument with a private Filipino citizen. part of Philippine territory. The concept
Then, in front of many shocked witnesses, of “exterritoriality,” under which
he killed the person he was arguing with. diplomatic premises are deemed to be
The police came, and brought him to the part of the sovereign territory of the
nearest police station. Upon reaching the sending State, has not been adopted in
station, the police investigator, in halting the Vienna Convention. Hence, a crime
English, informed William of his Miranda committed on or within such premises
rights, and assigned him an independent by a private person like Williams who
local counsel. William refused the services enjoys no diplomatic immunity falls
of the lawyer, and insisted that he be within the jurisdiction of Philippine
assisted by a Filipino lawyer currently courts.
based in the US. The request was denied,
ALTERNATIVE ANSWER:
and the counsel assigned by the police
stayed for the duration of the investigation. William is not correct. The premises
occupied by the United States Embassy
William protested his arrest.
do not constitute territory of the United
(a) He argued that since the incident took States but of the Philippines. Crimes
place inside the US embassy, Philippine committed within them are subject to
courts have no jurisdiction because the US the territorial jurisdiction of the
embassy grounds are not part of the Philippines. Since William has no
Philippine Territory; thus, technically, no diplomatic immunity, the Philippines
Page 98 of 168
can prosecute him if it acquires custody

over him (Reagan vs. Commissioner of To be valid in international law, acts of
Internal Revenue, 30 SCRA 968 [1969]). retorsion should not be excessive when
compared to the unfriendly acts
committed by the offending State.
Retorsion (2010) Moreover, they should not violate a

State’s obligation under Article 2(3) of
No.IV. A state which resorts to retorsion in
the U.N. Charter to settle their disputes
international law
by peaceful means in such a manner that
a. Must ensure that all states consent international peace and security and
to its act justice are not endangered.
b. Cannot curtail migration from the

offending state
c. Can expel the nationals of the
offending state Use of Force; Self-Defense (2009)
d. Should apply appropriate response
No. XVIII. A terrorist group called the
within appreciable limit
Emerald Brigade is based in the State
e. None of the above
Asyaland. The government of Asyaland does
not support the terrorist group, but being a
Explain you answer/ (2%)
poor country, is powerless to stop it.
SUGGESTED ANSWER:
The Emerald Brigade launched an attack
D. “A State which resorts to retorsion in
on the Philippines firing two missiles that
international law should apply
killed thousands of Filipinos. It then
proportionate response within
warned that more attacks were
appreciable limits.”
forthcoming. Through diplomatic channels
the Philippines demanded that Asyaland
Retorsion consists in retaliation where
stop the Emerald Brigade; otherwise, it will
the acts complained of do not constitute
do whatever is necessary to defend itself.
a legal ground of offense but are rather
in the nature of unfriendly acts done Receiving reliable intelligence reports of
primarily in pursuance of legitimate another imminent attack by the Emarld
State interests but indirectly hurtful to Brigae, and it appearing that Asyaland was
other States. (R. Sarmiento, Public incapable of preventing the assault, the
International Law Bar Reviewer, 2009 Philippines sent a crack commando team to
Revised Edition, p. 233) Asyaland. The team stayed only for a few
Page 99 of 168
hours in Asyaland, succeeded in killing the attacks were forthcoming. Asyland, on

leaders and most of the members of the the other hand, had failed to fulfill its
Emerald Brigade, then immediately obligations, under international law, to
returned to the Philippines. prevent the use of its territory for the
staging of terrorist acts against the
(a) Was the Philippine action justified under
Philippines. As such, in the face of
the international law principle of self-
another imminent attack by the Emerald
defense? explain your answer (3%)
Brigade, and it appearing that Asyland
SUGGESTED ANSWER:
was incapable of preventing the assault,
The Philippines action cannot be the Philippines was therefore justified in
justified as self-defense. Self-defense is resorting to military action to protect its

an act of a State by reason of an armed own security as an act of self-defense.
attack by another State. The acts of
(b) As a consequence of the foregoing
terrorism in this case were acts of
incident, Asyaland charges the Philippines
private group and cannot be attributed
with violation of Article 2.4 of the United
to Asyaland, which does not support the
Nations Charter that prohibits “the threat
Emerald Brigade. Article 51 of the
or use of force against the territorial
Charter of the United Nations has no
integrity or political independence of any
applicability, because self defense in
State. The Philippines counters that its
Article 51 contemplates a response to a
commando team neither took any territory
legitimate armed attack by a State
nor interfered in the political processes of
against another State. The attack of
Asyaland. Which contention is correct?
Emerald Brigade is an attack by a private
Reasons (3%)
group without authority as an organ of
SUGGESTED ANSWER:
Asyaland.
The contention of Asyaland is correct.
ALTERNATIVE ANSWER:
The Philippines violated Article 2(4) of
Yes, the Philippine action was justified. the Charter of the United Nations, which
Article 51 of the U.N. Charter affirms the prohibits States from the threat or use of
inherent right of States to individual or force against territorial integrity of any
collective self-defense. The terrorist State.
group Emerald Brigade had already
ALTERNATIVE ANSWER:
launched actual armed attacks on the
Philippines which killed thousands of The contention of the Philippines is the
Filipinos with a warning that more correct one. State practice and the U.N.
Page 100 of 168
Security Council's actions after 9/11 citizens where their citizenship was a
indicate a trend towards recognizing factor in the commission of the crime.
that a State that suffers large-scale
violence perpetrated by non-State actors
located in another State has a right to Verbal Agreement; Source of Int’l Law
use force when (1) that other State (2012)
proves unwilling or unable to reduce or
eliminate the source of the violence, (2) No. VI. President Black of the Republic of
the use of force is proportional to the Pasensya (RP) had a telephone conversation
threat posed by the non-State actor, and with President Blue of the People’s Republic
(3) the use of force is temporary and of Conquerors (PRC). In that conversation,
does not result in non-consensual both leaders agreed that they will both pull-
occupation or annexation of territory. out all their vessels, civilian or otherwise,
sea crafts and other ships from the hotly
(c) Assume that the commando team
disputed Kalmado Shoal area within eight
captured a member of the Emerald Brigade
(8) days in order to de-escalate the
and brought him back to th Philippines.
situation. After eight days, all RP ships and
The Philippine Government insists that a
vessels have left the area. However, several
special international tribunal should try the
military and civilian ships carrying the PRC
terrorist. On the other hand, the terrorist
flag remained in the area and began
argues that terrorism is not an
construction of a dock that could provide
international crime and, therefore, the
fuel and other supplies to vessels passing
municipal laws of the Philippines, which
by.
recognize access of the accused to
constitutional rights, should apply. Decide (a) Assuming that President Black and
with reasons. (3%) President Blue both had full capacity to
SUGGESTED ANSWER: represent their states and negotiate with
each other under their respective systems
The terrorist should be tried in the
of government, and further assuming that
Philippines. Section 58 of Republic Act
both leaders acknowledge the existence of
No. 9372, thr Human Security Act
the conversation, is the verbal agreement
provides for its extraterritorial
via telephone binding under international
application to individual persons who,
law? Explain. (5%)
although outside the territorial limits of
the Philippines, commit an act of
SUGGESTED ANSWER
terrorism directly against Filipino
Page 101 of 168
The verbal agreement by telephone is (1) International conventions, whether

binding between the parties on the basis general or particular, establishing rules
of customary international law. (In 1992 expressly recognized by the contesting
the dispute between Denmark and states;
Finland about the construction of a
bridge was settled by a telephone (2) International custom, as evidence of
conversation between the Danish and a general practice accepted as law;
Finnish Prime Ministers. In return for

(3) The general principles of law
payment by Denmark, Finland agreed to
recognized by civilized nation;
discontinue the case filed. (Aust, Modern
Treaty Law and Practice, p.7.))
(b) Assuming the answer to (a.) is in

-End-
affirmative, does that agreement constitute
a Treaty under the 1969 Vienna Convention
on the Law on Treaties? (2%)
SUGGESTED ANSWER
The verbal agreement does not

constitute a treaty under the Vienna
Convention on the Law of treaties.
Article 3 requires that for an
international agreement to be a treaty, it
must be in written form.
(c) What are the sources of International

Law? (2%)
SUGGESTED ANSWER
The following are the sources of

international law:
Page 102 of 168
MULTIPLE CHOICE and the corrupt, the Bureau of Customs

Employees Association composed of 3,000
QUESTIONS (MCQ) workers seeks your legal advice on how best
to protest what it views to be the President's
2013 Political Law Exam
baseless remarks.
MCQ (October 6, 2013)
A prudent legal advice is that __________.
I. The equal protection clause is violated by (1%)
__________. (1%)
(A) employees can go on mass leave of
(A) a law prohibiting motorcycles from absence for one week
plying on limited access highways.

(B) employees can march and rally at
(B) a law granting Value Added Tax Mendiola every Monday
exemption to electric cooperatives that

(C) employees can barricade the gates of
sells electricity to the "homeless poor."
the Port of Manila at South Harbor and
(C) a law providing that a policeman call for the resignation of the incumbent
shall be preventively suspended until Commissioner of Customs
the termination of a criminal case

(D) employees can wear black arm
against him.
bands and pins with the word
(D) a law providing higher salaries to "UNFAIR" inscribed
teachers in public schools who are

(E) None of the above can legally be
"foreign hires."
done.
(E) a law that grants rights to local

SUGGESTED ANSWER:
Filipino workers but denies the same
rights to overseas Filipino workers.
(D), Tinker vs. Des Moines, 396 US 503
SUGGESTED ANSWER:
III. Congress enacted Republic Act No. 1234
requiring all candidates for public offices to
(D), International School Alliance of
post an election bond equivalent to the one
Educators vs. Quisumbing 333 SCRA 13
(1) year salary for the position for which
II. Offended by the President's remarks that they are candidates. The bond shall be
the Bureau of Customs is a pit of misfits forfeited if the candidates fail to obtain at
least 10% of the votes cast.
Page 103 of 168
Is Republic Act No. 1234 valid? (1%) (C) The decision is binding only on
the parties but only with respect to
(A) It is valid as the bond is a means of that particular case.
ensuring fair, honest, peaceful and
orderly elections. (D) The decision is not binding on the
parties and is only advisory.
(B) It is valid as the bond requirement
ensures that only candidates with (E) The binding effect on the parties
sufficient means and who cannot be depends on their submission
corrupted, can runfor public office. agreement.
(C) It is invalid as the requirement SUGGESTED ANSWER:

effectively imposes a property
qualification to run for public office. (C), Article 59 of the ICJ Statute
(D) It is invalid as the amount of the V. Under the UN Convention on the Law of
surety bond is excessive and the Sea, the exclusive economic zone refers
unconscionable. to an area. (1%)
(E) It is valid because it is a reasonable (A) that is at least 100 miles from the
requirement; the Constitution itself baselines from which the outer limit of
expressly supports the accountability of the territorial sea is measured
public officers.
(B) that is at least 200 miles but not to
SUGGESTED ANSWER: exceed 300 miles from the baselines

from which the outer limit of the
(C), Maquerra vs. Borra, 15 SCRA 7 territorial sea is measured
IV. What is the legal effect of decisions of (C) beyond and adjacent to a country's
the International Court of Justice in cases territorial sea which cannot go beyond
submitted to it for resolution? (1%) 200 nautical miles from the baselines
from which the outer limit of the
(A) The decision is binding on other territorial sea is measured
countries in similar situations.
(D) that can go beyond 3 nautical miles
(B) The decision is not binding on any but cannot extend 300 nautical miles
country, even the countries that are from the baselines from which the
parties to the case.
Page 104 of 168
outer limit of the territorial sea is (B) not a Filipino citizen if his mother
measured is a Filipino citizen but his father is
not, at the time of his birth
(E) None of the above.
(C) a Filipino citizen no matter
SUGGESTED ANSWER: where he or she may be born
(E), Note: the nearest to the accurate (D) a Filipino citizen provided the child
answer may be (C) but it proposes that is born in the Philippines
EEZ cannot go beyond 200 nautical
miles “from the baseline from which the (E) a Filipino citizen if he or she so
outer limit of the territorial sea is elects upon reaching the age of 21
measured.”
SUGGESTED ANSWER:
This is not correct because the baseline
is the point from which the entire (C), Sec. 1(2) of Article III of the 1973
breadth of the territorial sea is measured Constitution and Sec. 1(2) of Article IV
pursuant to Article 57 of the UNCLOS, of the 1987 Constitution
not only from its outer limit as indicated

VII. Who has control of the expenditure of
in Letter (C). Letter (C) excludes the
public funds? (1%)
entire breadth of the territorial sea of 12
n.m. from the EEZ contrary to the text
(A) The Office of the President
of said Article 57.
through the Department of Budget
and Management.
If Letter (C) is followed, EEZ will only
measure 200 n.m. minus 12 n.m. of the
(B) The House of Representatives from
territorial sea, resulting in the EEZ
where all appropriation bills emanate.
measuring only 188 n.m. in breadth.
(C) The Senate through its Committee

VI. A child born under either the 1973 or
on Finance.
the 1987 Constitution, whose father or
mother is a Filipino citizen at the time of (D) The Congress of the Republic of the
his birth, is __________. (1%) Philippines.
(A) not a Filipino citizen as his father (E) Both the members of Congress and
and mother must both be Filipino the President acting jointly, if so
citizens at the time of his birth
Page 105 of 168
provided by the General Appropriations (C), Sec. 5, Article X of the 1987

Act. Constitution
SUGGESTED ANSWER: IX. The provision under the Constitution -

that any member who took no part,
(A), Lawyers Against Monopoly and dissented, or inhibited from a decision or
Poverty vs. Secretary of Budget and resolution must state the reason for his
Management, 670 SCRA 373 dissent or non-participation - applies
__________. (1%)
VIII. May the power of cities to raise
revenues be limited by an executive order of (A) only to the Supreme Court
the President? (1%)
(B) to both the Supreme Court and the
(A) Yes, because local government Court of Appeals
units are under the administrative
control of the President through the (C) to the Supreme Court, Court of
Department of Interior and Local Appeals and the Sandiganbayan
Government.
(D) to the Supreme Court, the Court
(B) No, because local government units of Appeals, the Sandiganbayan and
now enjoy full local fiscal autonomy. the Court of Tax Appeals
(C) No, because only limitations (E) to all collegial judicial and quasi-
established by Congress can define judicial adjudicatory bodies
and limit the powers of local
governments. SUGGESTED ANSWER:
(D) Yes, because the President has the (D), Sec. 13, Article VIII of the 1987
power and authority to impose Constitution
reasonable restrictions on the power of

X. Choose the least accurate statement
cities to raise revenues.
about the independence guaranteed by the
(E) Yes, if so provided in a city's 1987 Constitution to the following
charter. constitutional bodies: (1%)
SUGGESTED ANSWER: (A) The Constitution guarantees the

COMELEC decisional and
Page 106 of 168
institutional independence similar (A) may grant the request by reason of

to that granted to the Judiciary. inter-departmental courtesy
(B) All bodies labeled as "independent" (B) may grant the request as the
by the Constitution enjoyfiscal records of the Filipinas Air case are
autonomy as an attribute of their public records
independence.
(C) should deny the request since
(C) Not all bodies labeled as records of cases that are pending
"independent" by the Constitution for decision are privileged except
were intended to be independent from only for pleadings, orders and
the Executive branch of government. resolutions that are available to the
public
(D) The Constitution guarantees
various degrees of independence from (D) should deny the request because it
the other branches of government violates the Court's independence and
when it labels bodies as the doctrine of separation of powers
"independent".
(E) should grant the request because
(E) The COMELEC, the COA, and the of the sui generis nature of the power
CSC enjoy the same degree of of impeachment, provided that the Bill
independence. of Rights is not violated
(A), Article IX-A of the 1987 Constitution (C), In re: Letters of Atty. Estelito
Mendoza, 668 SCRA 11
XI. At the Senate impeachment trial of
Justice Pablo P. San Quintin, Hon. Emilio XII. Mr. Sinco sued the government for
A. Tan, Congressman and Impeachment damages. After trial, the court ruled in his
Panel Manager, wrote the Supreme Court favor and awarded damages amounting to
requesting that the prosecutors be allowed P50 million against the government. To
to examine the court records of Stewards satisfy the judgment against the
Association of the Philippines, Inc. (SAP!) v. government, which valid option is available
Filipinas Air, et al., G.R. No. 987654, a case to Mr. Sinco? ( 1%)
that is still pending. The High Court
__________. (1%)
Page 107 of 168
(A) Garnish the government funds enjoyment by all the people of the
deposited at the Land Bank. blessings of democracy.
(B) File a claim with the (B) The State shall give priority to
Commission on Audit (COA) education, science and technology,
pursuant to Commonwealth Act arts, culture, and sports to foster
327, as amended by Presidential patriotism and nationalism,
Decree1445. accelerate social progress, and
promote total human liberation and
(C) Make representations with the development.
Congress to appropriate the amount
to satisfy the judgment. (C) The natural and primary right
and duty of parents in the rearing
(D) File a petition for mandamus in of the youth for civic efficiency and
court to compel Congress to the development of moral character
appropriate P50 million to satisfy the shall receive the support of the
judgment. Government.
(E) Proceed to execute the judgment (D) The right of the people to
as provided by the Rules of Court information on matters. of public
because the State allowed itself to be concern shall be recognized. Access to
sued. official records, and to documents and
papers pertaining to official acts,
SUGGESTED ANSWERS:
transactions, or decisions, as well as
to government research data used as
(B) and (C), U.P. vs. Dizon, 679 SCRA 54
basis for policy development, shall be
XIII. Which of the following provisions of the afforded the citizen, subject to such
Constitution does not confer rights that can limitations as may be provided by law.
be enforced in the courts but only provides

(E) All the above only provide
guidelines for legislative or executive
guidelines and are not self-executing.
action? (l%)
SUGGESTED ANSWERS:
(A) The maintenance of peace and
order, the protection of life, liberty,
(A), (B), and (C) are all found in Article II
and property, and promotion of the
of the 1987 Constitution. They are not
general welfare are essential for the
self-executing. D is a right found in the
Page 108 of 168
Bill of Rights (Section 7, Article III of the (C) No, international agreements are
1987 Constitution). It is self-executing sui generis and stand independently
and does not require legislation. of our domestic laws.
(D), The right to information is found in (D) Yes, the executive agreement is
Article III, Section 7 of the 1987 actually a treaty which does not take
Constitution. It is self-executory and is effect without ratification by the
not a mere guideline for legislation Senate.
(Legaspi vs. Civil Service Commission,
150 SCRA 530). (E) Yes, the challenge is correct
because there is no law empowering
ALTERNATIVE ANSWER: the President to undertake the
importation.
(E), Kilosbayan, Inc. vs. Morato, 246
SCRA 540; Article III, Section 8 includes SUGGESTED ANSWER:
the phrase “subject to such limitations
as may be provided by law.” (A), Gonzales vs. Hechanova, 9 SCRA 230
XIV. The President entered into an XV. The separation of Church and State is
executive agreement with Vietnam for the most clearly violated when __________. (1%)
supply to the Philippines of animal feeds

(A) the State funds a road project
not to exceed 40,000 tons in any one year.
whose effect is to make a church more
The Association of Animal Feed Sellers of
accessible to its adherents
the Philippines questioned the executive
agreement for being contrary to R.A. 462
(B) the State declares the birthplace of
which prohibits the importation of animal
a founder of a religious sect as a
feeds from Asian countries. Is the challenge
national historical site
correct? (1%)
(C) the State expropriates church

(A) Yes, the executive agreement is
property in order to construct an
contrary to an existing domestic
expressway that, among others,
law.
provides easy access to the Church's
main cathedral
(B) No, the President is solely in
charge of foreign relations and all his
(D) the State gives vehicles to bishops
actions in this role form part of the
to assist them in church-related
law of the land.
charitable projects
Page 109 of 168
(E) the State allows prayers in SUGGESTED ANSWER:

schools for minor children without
securing the prior consent of their (A)
parents
XVII. Senator GSC proposed a bill
SUGGESTED ANSWER: increasing excise taxes on tobacco and

alcohol products. The generated
(E), Engel vs. Vitale, 370 US 421 incremental revenues shall be used for the
universal health care program for all
XVI. Patricio was elected member of the Filipinos and for tobacco farmers'
House of Representative in the May 2010 livelihood. After the Senate passed the bill
Elections. His opponent Jose questioned on third reading, it was transmitted to the
Patricio's victory before the House of House of Representatives which approved
Representatives Electoral Tribunal and later the bill in toto. The President eventually
with the Supreme Court. signed it into law. Atty. JFC filed a petition
before the Supreme Court, questioning the
In a decision promulgated in November
constitutionality of the new law.
2011, the Court ruled in Jose's favor; thus,
Patricio was ousted from his seat in Is the law constitutional? (1%)
Congress. Within a year from that decision,
the President can appoint Patricio (A) The law is constitutional because
__________. (1%) it is for a public purpose and has
duly satisfied the three-readings-on-
(A) only as a member of the board of separate-days rule in both Houses.
directors of any government owned
and controlled corporation (B) The law is unconstitutional
because it violates the equal
(B) only as a deputy Ombudsman protection clause of the Constitution;
it is limited only to alcohol and liquor
(C) only as a Commissioner of the
products.
Civil Service Commission
(C) It is constitutional because of the

(D) only as Chairman of the
Enrolled Bill Theory.
Commission on Elections
(D) It is constitutional because it is

(E) to any position as no prohibition
valid in form and substance and
applies to Patricio
Page 110 of 168
complied with the required (E) All the above choices are defective
lawmaking procedures. in some respects.
(E) None of the above is correct. SUGGESTED ANSWER:
SUGGESTED ANSWER: (B), Sec. 20, Article VII of the 1987

Constitution
(E), Sec. 24, Article VI of the 1987
Constitution XIX. Candida has been administratively
charged of immorality for openly living with
XVIII. Which of the following statements is Manuel, a married man. Candida argues
correct? (1%) that her conjugal arrangement with Manuel
fully conforms with their religious beliefs
(A) The President, with the
and with the teachings of their church.
concurrence of the Monetary Board,
can guarantee a foreign loan on In resolving whether Candida should be
behalf of the Republic of the administratively penalized, which is the
Philippines. best test to apply? (1%)
(B) Congress may, by law, provide (A) Clear and Present Danger Test
limitations on the President's
power to contract or guarantee (B) Compelling State Interest Test
foreign loans on behalf of the
Republic of the Philippines. (C) Balancing of interests Test
(C) In order to be valid and effective, (D) Conscientious Objector Test
treaties and executive agreements

(E) Dangerous Tendency Test
must be concurred in by at least two-
thirds of all the Members of the
SUGGESTED ANSWER:
Senate.
(B), Estrada vs. Escritor, 492 SCRA 1

(D) The President shall, at the end of
every quarter of the calendar year, XX. Rafael questioned the qualifications of
submit to Congress a complete report Carlos as congressman of the Third District
of the loans contracted or guaranteed of Manila on the ground that Carlos is a
by the Government or government- citizen of the USA. The decision
owned and controlled corporations. disqualifying Carlos for being a US citizen
Page 111 of 168
came only in March 2010, i.e., after the 2012 Political Law Exam
adjournment of the session of Congress on
the third year of the position's three-year
MCQ (October 7, 2012)
term.
1. Constitution is defined by Cooley as:
What was Carlos' status during his a. a body of statutory,
incumbency as congressman? (1%) administrative and political

provisions by which the
(A) He was a de jure officer, having three branches of
been duly elected and proclaimed. government are defined;
b. a body of rules and maxims
(B) He was not a public officer in accordance with which
because he effectively was not the powers of sovereignty
entitled to be a congressman. are habitually exercised;
c. a body of rules and edicts
(C) He was a de jure officer since he
emanating from the rulings
completed the service of his term
of courts and written
before he was disqualified.
guidelines of the executive
and the legislature by which
(D) He was a de facto officer since
government is governed;
he had served and was only
d. a body of interpretations and
disqualified later.
rules by which the three
(E) He neither possesses de jure nor branches of government are
de facto status as such judged for purposes of
determination is pointless. sovereign compliance with

good corporate governance.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(D), Rodriguez vs. Tan, 91 Phil 724
(b) Cooley, Constitutional Limitations,
p.4
-0-0-0- 2. The three essential parts of a

Constitution are:
a. the bill of rights,
governmental organization
Page 112 of 168
and functions, and method 4. In an amendment to the

of amendment; constitution by "initiative and
b. the preamble, the bill of referendum", the "initiative" phase is
rights, and provisions on meant that the people propose the
checks and balances; amendments. There is a valid
c. the national territory, the proposal when a proposition has
declaration of principles and received the approval of:
state policies, and the a. at least 3% of the persons of
transitory provisions; majority age of each district,
d. the executive department, and 12% of the registered
the legislative department voters of the region from
and the judiciary. proposal emanates;
b. at least 3% of the registered
SUGGESTED ANSWER: voters of each province and
12% of the total number of
(a) Nachura, Outline Reviewer in Political registered voters nationwide;
Law, p.3 c. at least 3% of the
registered voters of each
3. The constitutional provision on
district and 12% of the
initiative and referendum is not self-
total number of registered
executory. This is so because it
voters nationwide;
requires:
d. more than 3% of the 3% of
a. an implementing resolution
the registered voters of each
from the COMELEC;
district but less than 12% of
b. an implementing resolution
the total number of
from the Supreme Court;
registered voters nationwide.
c. an implementing
legislation; SUGGESTED ANSWER:
d. an implementing resolution
from the party-list (c) Section 2, Article XVII of
representative of the House Constitution
of Representatives.
5. The Constitution declares that the
SUGGESTED ANSWER: Philippines is a republican state.
Republicanism means:
(c) Section 32, Article VI of Constitution
Page 113 of 168
a. the form of government must (b) Free Telephone Workers Union vs.
be presidential; Minister of Labor and Employment, 108
b. the representatives of the SCRA 757; and (c) Section 4, Article VII
government are elected by of Constitution. It is suggested that
the people; either (b) or (c) may be accepted as a
c. sovereignty resides in the correct answer.
elected representatives of the
government; 7. Which of the following best
d. the form of government exemplifies how the system of
cannot be changed by the checks and balances is carried out:
people. a. the legislature passes a law

that prohibits the president
SUGGESTED ANSWER: from commuting a judiciary
imposed sentence, as a
(b) Cruz, Philippine Political Law, 2005 check of the president;
ed., p.50 b. the President pardons a
convict as a way to set
6. A chief characteristic of the
aside or modify a judgment
presidential form of government is:
of the judiciary;
a. concentration of power in the
c. the judiciary overturns a
judiciary thru the power of
pardon granted by the
expanded judicial review;
President as a check on
b. supremacy of the
executions;
presidency compared to
d. the President pardons an
the totality of powers of
accused after arraignment in
the legislative;
the interest of justice.
c. regular periodic election of
the President for a fixed SUGGESTED ANSWER:
term;
d. unlimited term for the (b) Section 19, Article VII of Constitution
President for as long as
elected by the people in free 8. Which phrase best completes the
and honest elections. statement – The starting point of the
principle of separation of powers is
SUGGESTED ANSWER: the assumption of the division of the
Page 114 of 168
functions of government into three SUGGESTED ANSWER:

distinct classes:
a. the bill of rights, state (b) Section 5, Article III of Constitution
policies, and social justice

10. Which one of the following is a non-
and human rights;
self-executing provision of the
b. the accountability of public
Constitution:
officers, the constitutional
a. no law shall be passed
commissions, and the
abridging the freedom of
national economy and
speech;
patrimony;
b. no law shall be made
c. the self-executing
respecting an establishment
provisions, the non-self-
of religion;
executing provisions, and
c. no person shall be held to
the self-evident social
answer for a criminal offense
justice provisions;
without due process of law;
d. the executive, the legislative,
d. the state shall encourage
and the judicial.
and support researches and
SUGGESTED ANSWER: studies on the arts and

culture.
(c) Cruz, Philippine Political Law, 2005

SUGGESTED ANSWER:
ed., p.70
9. The Constitution provides that the (d) Section 15, Article XIV of
"separation of church and state Constitution
shall be inviolable." This is

11. Basic Philippine law, in respect of
implemented most by the
the modes of acquiring citizenship,
constitutional principles embodied
follows the rule(s) of:
in:
a. jus soli and jus sanguinis;
a. the free exercise clause;
b. naturalization and provides
b. the non-establishment
for jus soli;
clause;
c. jus sanguinis and provides
c. the freedom of religious belief
for naturalization;
clause;
d. none of the above.
d. the freedom of religion
clause.
SUGGESTED ANSWER:
Page 115 of 168
(c) Section 1, Article IV of Constitution the right to suffrage like

everyone else without
12. Dual allegiance by citizen is: registering as an overseas
a. inimical to the national absentee voter.
interest and is therefore c. No. Margarita fails the
proscribed by law; residency requirement under
b. inimical to the national Section 1, Article V of the
interest and is therefore Constitution for Filipinos.
prescribed by law; d. No. Dual citizens upon
c. inimical to the national renunciation of their Filipino
interest and therefore shall citizenship and acquisition of
be dealt with by law; foreign citizenship, have
d. inimical to the national practically and legally
interest and is therefore abandoned their domicile
outside of coverage of law. and severed their legal ties to
their homeland as a
SUGGESTED ANSWER:
consequence.
(c) Section 5, Article IV of Constitution

SUGGESTED ANSWER:
13. Margarita was born in 1986 to a

(a) Macalintal vs. COMELEC, 405 SCRA
Filipino mother and Swedish father.
614
She has been living and continues
to live in the US for the last 20 years
14. Identify which one is an invalid
and has also been naturalized as a
exercise of the legislative power:
US citizen. She recently reacquired
a. legislation by local
Philippine citizenship under RA
government on purely local
9225, the Citizenship Retention and
matters;
Reacquisition Act of 2003. Can
b. law granting an
Margarita vote in the next national
administrative agency the
elections?
power to define policy and
a. Yes. Dual citizens who are
fix standards on price
not residents may register
control;
under the Overseas
c. law authorizing the
Absentee Voting Law.
President, in times of war or
b. Yes. Margarita is a Filipino
other national emergency, for
citizen and thus may enjoy
Page 116 of 168
a limited period, subject to SUGGESTED ANSWER:

prescribed restrictions, to
exercise powers necessary (c) United BF Homeowner’s Association
and proper to carry out a vs. BF homes, INC., 310 SCA 304
declared national policy;
d. law authorizing the President 16. The rule in Article V1, Section 5 (3)
to fix, within specific limits, of the Constitution that "Each
tariff rates, import and legislative district shall comprise, as
export quotas, and other far as practicable, contiguous,
duties, within the framework compact and adjacent territory" is a
of the national development prohibition against:
program of the government. a. re-apportionment;

b. commandeering of votes;
SUGGESTED ANSWER: c. gerrymandering;
d. re-districting.
(b) United Sates vs. ANg Tang Ho, 43
Phil. 1 SUGGESTED ANSWER:
15. Which one of the following theories (c) Navarro vs. Ermita, 612 SCRA 131
does not support the valid
delegation of authority by the 17. Article V1, Section 5(3) of the
Congress to an administrative Constitution requires that for a city
agency: to be entitled to have at least one
a. an administrative agency representative, its population shall
may "fill up the details" of a be at least:
statute; a. 250,000;
b. the legislature may leave to b. 150,000;
another body the c. 100,000;
ascertainment of facts d. 175,000.
necessary to bring the law

SUGGESTED ANSWER:
into actual operation;
c. an administrative agency
(a) Section 5(3), Article VI of
has equal expertise with
Constitution
the legislature in crafting
and implementing laws;
18. A Senator or Member of the House
d. contingent legislation.
of Representatives shall be
Page 117 of 168
privileged from arrest while SUGGESTED ANSWERS:

Congress is in session for all (a) Section 4, Article VI of Constitution;
offenses punishable by (b) Section 4, Article VII of Constitution;
imprisonment of not more than: (d) Section 8, Article VI of Constitution
a. life imprisonment;
b. reclusion perpetua; 21. Congress shall have the sole power
c. six years imprisonment; to declare the existence of a state of
d. four years imprisonment. war by vote of:

a. three-fourths of both Houses
SUGGESTED ANSWER: in joint session assembled,
voting jointly;
(c) Section 11, Article VI of Constitution b. two-thirds of both Houses in
joint session assembled,
19. No Senator or member of the House
voting jointly;
of Representatives may personally
c. two-thirds of both Houses in
appear as counsel before:
separate session assembled,
a. any regional court;
voting jointly;
b. any court of justice;
d. two-thirds of both Houses
c. any inferior court;
in joint session, voting
d. any appellate court.
separately.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(b) Section 14, Article VI of Constitution (d) Section 23(2), Article VI of

Constitution
20. Which of the following can be
changed by an ordinary law enacted 22. If by the end of any fiscal year, the
by Congress? Congress shall have failed to pass
a. Commencement of the the general appropriations bill for
term of office of Senators; the ensuring fiscal year, the general
b. Date of regular election for appropriations law for the preceding
President and Vice fiscal year shall be deemed:
Presidential; a. referred;
c. Authority to transfer b. unacted;
appropriation; c. refilled;
d. Regular election of the d. re-enacted.
members of Congress.
Page 118 of 168
SUGGESTED ANSWER: c. item veto;

d. monetary veto.
(d) Section 25(7), Article VI of
Constitution SUGGESTED ANSWER:
23. Provisions unrelated to an (c) Section 27(2), Article VI of
appropriation bill are considered Constitution
prohibited. These are called:

26. A tax is progressive when:
a. interlopers;
a. the rate fluctuates as the tax
b. riders;
base decreases;
c. outriggers;
b. the rate increases as the tax
d. add-ons.
base remains the same;
SUGGESTED ANSWER: c. the rate increases as the

tax base increases;
(b) Garcia vs. Mata, 65 SCRA 517 d. the rate decreases as the tax
base increases.
24. The requirement that "Every bill
shall embrace only one subject SUGGESTED ANSWER:
which shall be expressed in the title

(c) Reyes vs. Almanzor, 196 SCRA 327
thereof" prevents:
a. rollercoaster legislation;
27. When the Supreme Court sits en
b. log-rolling legislation;
banc, cases are decided by the
c. rolling fields legislation;
concurrence of a majority of the
d. loggerhead legislation.
members who:
a. actually sent in memos on
SUGGESTED ANSWER:
matters for deliberation and
(b) Cooley, Constitutional Limitations, called in their votes thereon;
p.143 b. actually participated in the

oral arguments and voted
25. The power of the President to veto thereon;
any particular part in an c. actually took part in the
appropriation revenue, or tariff bill, deliberations on the issues
is called the: in the case and voted
a. specific veto; thereon;
b. revenue veto;
Page 119 of 168
d. actually took part in the SUGGESTED ANSWER:

voting thereon and took
notes on the actual (b) People vs. Vera, 65 Phil. 56
deliberations.
30. Congressman Sugar Oll authored a
SUGGESTED ANSWER: bill called House Bill No, 0056

which legalizes jueteng. When the
(c) Section 4(2), Article VII of Bill became law (RA 10156), Fr.
Constitution Nosu Gal, a priest, filed a petition
seeking for the nullification of RA
28. When the Supreme Court sits in 10156 on the ground that it is
division, cases can be decided by as unconstitutional as it violates
few as a minimum of: Section 13, Article II, of the 1987
a. three votes; Constitution which states that "The
b. four votes; state recognizes the vital role of the
c. five votes; youth in nation-building and shall
d. six votes. promote and protect their physical,
moral, spiritual, intellectual, and
SUGGESTED ANSWER:
social well-being". Fr. Gal filed the
petition as a concerned citizen and
(a) Section 4(3), Article VII of
as taxpayer. Does Fr. Gal have locus
Constitution
standi?
29. A person who has a personal and a. No, because Fr. Gal has no
substantial interest in the case, personal and substantial
such that he has sustained, or will interest that will be
sustain, direct injury as a result of prejudiced by the
its enforcement is considered to implementation of the law;
have: b. No, the law concerns neither
a. understanding to challenge citizens nor expenditure of
the governmental act; public funds;
b. standing to challenge the c. Yes, because the issue is of
governmental act; transcendental
c. opportunity to challenge the importance;
governmental act; d. Yes, because as priest, Fr.
d. familiarity to challenge the Gal has special interest in
governmental act. the well-being of the youth.
Page 120 of 168
SUGGESTED ANSWER: c. constitutional;

d. unconstitutional.
(a) Basco vs. PAGCOR, 197 SCRA 52; and
(c) Francisco vs. Houes of SUGGESTED ANSWER:
Representatives, 415 SCRA 44. It is
suggested that either (a) or (c) may be (d) De Agbayani vs. Philippine National
accepted as a correct answer. Bank, 38 SCRA 429
31. Where there is "the impossibility of a 33. The totality of governmental power
court’s undertaking independent is contained in three great powers:
resolution without expressing lack a. police power, power of
of the respect due coordinate sequestration, power of
branches of government; or an foreign policy;
unusual need for unquestioning b. power of immigration,
adherence to a political decision municipal power, legislative
already made; or the potentially of power;
embarrassment from multifarious c. executive power,
pronouncement by various legislative power, judicial
departments on a question," power;
describes what kind of political d. police power, power of
question: eminent domain, power of
a. adherence kind; taxation.
b. prudential kind;
SUGGESTED ANSWER:
c. respectful kind;
d. deference kind.
(c) and (d). It is suggested either (c) or (d)
may be accepted as a correct answer.
SUGGESTED ANSWER:
34. The most essential, insistent and

(b) Bernas, The 1987 Constitution of the
the least limitable of (government)
Republic of the Philippines: A
powers, extending as it does to all
Commentary (2009 ed.), p.986
the great public needs, is:
32. The "operative fact" doctrine of a. emergency power;
constitutional law is applied when a b. police power;
law is declared: c. legislative power;
a. operative; d. power to declare martial law.
b. factual;
Page 121 of 168
SUGGESTED ANSWER: prosecutor moves for

dismissal with the consent
(b) Edu vs. Ericta, 35 SCRA 482 of Pot. Granted;
c. Pot is accused before the
35. In the hierarchy of civil liberties,
RTC of qualified theft. After
which right occupies the highest
innumerable postponements
preferred position:
against Pot’s wishes, he
a. right to academic freedom;
moves for dismissal for
b. right to a balanced and
denial of the right to a
healthful ecology;
speedy trial. Prosecutor
c. right to freedom of
posts no objections.
expression and of
Dismissal granted;
assembly;
d. Pot is accused before the
d. right to equal health.
SUGGESTED ANSWER:
against Pot’s wishes, the
(c) Philippine Blooming Mills Employees prosecutor moves for
Organization vs. Philippine Blooming dismissal over the objections
Mills Company, Inc., 51 SCRA 189 of Pot. Granted.
36. In which of the following would SUGGESTED ANSWER:
there be no double jeopardy even if

(b) Section 8, Rule 117 of the Rules on
a subsequent case is filed?
Criminal Procedure
a. Pot is accused before the
37. Under Article III, Section 2 of the
Bill of Rights, which provides for the
against Pot’s wishes, he
exclusion of evidence that violate the
moves for dismissal for
right to privacy of communication
denial of the right to a
and correspondence, to come under
speedy trial. Prosecutor
the exclusionary rule, the evidence
objected. Dismissal granted;
must be obtained by:
b. Pot is accused before the
a. private individuals acting on
RTC of qualified theft.
their own;
After innumerable
b. government agents;
postponements against
Pot’s wishes, the
Page 122 of 168
c. private individuals acting on 40. The Gangnam Style’s Witnesses

orders of superiors; (whose tenets are derogatory to the
d. former high government Catholic Church), applied for a
officials. permit to use the public plaza and
kiosk to hold their religious meeting
SUGGESTED ANSWER: on the occasion of their founding
anniversary. Mayor Lebron allowed
(b) People vs. Albofera, 152 SCRA 123
them to use the northwestern part
of the plaza but not the kiosk (which
38. The complementing regime that best
is a few meters away from the
characterizes the guarantees of
Catholic church). Members of the
freedom of speech and of the press
Gangnam Style Witnesses claim that
are:
the act of Mayor Lebron is a
a. prior punishment and
violation of their freedom of
moderate punishment;
assembly and religion. Is this
b. prior censorship and
correct?
subsequent remedies;
a. No, because this is valid
c. no prior restraint and
exercise of police power;
subsequent punishment;
b. Yes, because the plaza being
d. no prior restraint and no
of public use can be used by
subsequent punishment.
anybody regardless of
SUGGESTED ANSWER: religious belief;

c. No, because historical
(d) Chavez vs. Gonzales, 55 SCRA 441 experience shows that
peace and order may be
39. The free exercise and non- disturbed whenever two
establishment clauses pertain to opposing religious groups
which right under the Bill of Rights: or beliefs expound their
a. liberty of movement; dogmas;
b. liberty of abode; d. Yes, because there is no
c. religion; clear and present danger in
d. life and liberty. holding a religious meeting
by another religious group
SUGGESTED ANSWER:
near a catholic church.
(c) Section 5, Article III of Constitution

SUGGESTED ANSWER:
Page 123 of 168
(a) Republic vs. Castellvi, 58 SCRA 336

(c) Ignacio vs. De la Cruz, 99 Phil. 346;
and (d) Iglesia ni Cristo vs. CA, 259 SCRA 43. Market value for purposes of
529. It is suggested that either (c) or (d) determining just compensation in
may be accepted as a correct answer. eminent domain has been described

as the fair value of property:
41. Which one is NOT a recognized a. between one who desires to
limitation to the right to information purchase and one does not
on matters of public concern: desire to sell;
a. national security matters; b. between one who desires to
b. trade secrets and banking purchase and one who wants
transactions; to delay selling;
c. criminal matters or classified c. between one who desires to
law enforcement matters; purchase and one who
d. government research data desires to sell;
used as a basis for policy d. between one who desires to
development. purchase on terms and one
who desires to sell after a
SUGGESTED ANSWER: period of time.
(d) Section 7, Article III of Constitution SUGGESTED ANSWER:
42. Which one of the following (c) City of Manila vs. Estrada, 25 Phil.
circumstances is NOT an element of 208
taking under eminent domain:
a. entering upon public 44. Under Article III, Section 12 of the
property for a momentary Constitution, any person under
period; investigation for the commission of
b. under color of legal an offense shall have the right to be
authority; informed of his right to remain
c. devoting it to public use; silent, etc. The investigation referred
d. as substantially to cust the to is called:
owner of all beneficial a. preliminary investigation;
ownership. b. summary investigation;
c. criminal investigation;
SUGGESTED ANSWER: d. custodial investigation.
Page 124 of 168
(a) People vs. Sunga, 339 SCRA 624; (c) (b) Section 19, Article III of Constitution
Galman vs. Pamaran, 138 SCRA 294; (d)
Section 12, Article III of Constitution. 47. The requisites of a valid trial in
absentia exclude:
45. All persons charged shall, before a. Wherein his/her failure to
conviction, be bailable by sufficient appear is unjustifiable;
sureties, except those charged with: b. Wherein he/she allows
a. offenses punishable by death himself/herself to be
when evidence of guilt is identified by the witness in
strong; his/her absence, without
b. offenses punishable by life further unqualified
imprisonment when evidence admitting that every time
of guilt is strong; a witness mentions a name
c. offenses punishable by death by which he/she is known,
when evidence of guilt is it shall be understood to
weak; refer to him/her;
d. offenses punishable by c. Wherein he/she has been
reclusion perpetua when duly notified of the trial;
evidence of guilt is strong. d. Wherein the accused has
already been arraigned.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(d) Section 13, Article III of Constitution
(b) Carredo vs. People, 183 SCRA 373
46. Criminal trial may proceed,
notwithstanding the absence of the 48. The privilege of the writ of habeas
accused provided that he has been corpus shall not be suspended
duly notified, and his failure to except in cases of:
appear is unjustifiable, after: a. imminent danger of invasion
a. preliminary investigation; or rebellion when the public
b. arraignment; safety requires it;
c. sentencing; b. grave danger of invasion or
d. prosecution has rested its rebellion when the public
case. safety requires it;
Page 125 of 168
c. clear and present danger of a. unless for compelling

invasion or rebellion when reasons involving death
the public safety requires it; penalty crimes and the
d. invasion or rebellion when executive hereafter provides
the public safety requires for it;
it. b. unless for compelling
reasons involving heinous
SUGGESTED ANSWER: crimes and a constitutional
amendment provides for it;
(d) Section 18, Article VII of Constitution
c. unless for compelling
49. The right of the accused against
crimes and Congress
self-incrimination will be violated if:
hereafter provides for it;
a. he is charged with
d. unless for compelling
violation of the Anti-Money
Laundering Act and he was
crimes and the Supreme
required to produce his
Court hereafter upholds it.
bank passbook;
b. he is a public officer charged
SUGGESTED ANSWER:
with amassing ill-gotten
wealth and his statement of (c) Section 19(1), Article III of
assets and liabilities will be Constitution
presented as evidence;
c. his gun was subjected to a 51. An ex post facto law has been
ballistics test; defined as one:
d. a sample of his blood was a. which aggravates a crime or
taken if his blood type makes it lesser than when it
matches the blood type was committed;
found at the scene of the b. which mitigates a crime or
crime. makes it lesser than when it
was committed;
SUGGESTED ANSWER: c. which aggravates a crime
or makes it greater than
(a) Khetin vs. Villareal, 42 Phil. 886
when it was committed;
50. The death penalty shall not be

imposed:
Page 126 of 168
d. which aggravates a crime or (b) Section 1, Article IX-A of Constitution

makes it non-criminal after it
was committed. 54. The independent Constitutional
Commissions enjoy:
SUGGESTED ANSWER: a. decisional autonomy;
b. organizational autonomy;
(c) Republic vs. Eugenio, 545 SCRA 384 c. fiscal autonomy;
d. quasi-judicial autonomy.
52. A bill of attainder is:
a. an executive act which SUGGESTED ANSWER:
inflicts punishment without
tender; (c) Section 5, Article IX-A of Constitution
b. a judicial act which inflicts
punishment without tender; 55. The Civil Service shall be
c. a legislative act which administered by the Civil Service
inflicts punishment Commission composed of a:
without trial; a. Chairman and a
d. a legislative act which Commissioner;
pardons punishment after b. Chairman and two (2)
tender. Commissioners;
c. Chairman and three (3)
SUGGESTED ANSWER: Commissioners;
d. Chairman and four (4)
(c) People vs. Ferrer, 48 SCRA 382 Commissioners.
53. Which one of the following is NOT SUGGESTED ANSWER:

an independent Constitutional
Commission under Article IX, (b) Section 1(1), Article IX-B of
Section 1 of the Constitution: Constitution
a. Commission on Elections;
b. Commission on Human 56. In Oposa vs. Factoran, Jr., G.R. No.
Rights; 101083, July 30, 1993, the
c. Civil Service Commission; Supreme Court held that the
d. Commission on Audit. personality of the petitioners to sue

is based on the concept of:
SUGGESTED ANSWER: a. ecological responsibility;
Page 127 of 168
b. environmental d. culpable violation of the

accountability; duty to be at all times
c. intergenerational accountable to the people.
responsibility;
d. interdisciplinary SUGGESTED ANSWER:
responsibility.
(d) Section 2, Article XI of Constitution
SUGGESTED ANSWER:
59. Which is NOT an impeachable
(c) Oposa vs. Factoran, 224 SCRA 792 public officer:

a. a justice of the Supreme
57. In a unitary system of government, Court;
such as the government under the b. a commissioner of the
Philippine Constitution, local Comelec;
government can only be: c. the administrator of the
a. an imperuim in imperio; Supreme Court;
b. an infa-sovereign d. the Ombudsman.
subdivision;
c. a sovereign nation; SUGGESTED ANSWER:
d. a sovereign entity.
(c) Section 2, Article XI of Constitution
SUGGESTED ANSWER:
60. Which has the exclusive power to
(b) Magtajas vs. Pryce Properties initiate all cases of impeachment:
Corporation, 234 SCRA 55 a. the Senate;

b. the House of
58. Which one is NOT among the Representatives;
Constitutionally mandated grounds c. the Senate President;
for impeachment of impeachable d. the Speaker of the House of
officials: Representatives.
a. culpable violation of the
Constitution; SUGGESTED ANSWER:
b. treason, bribery, graft and

(b) Section 3(1), Article XI of
corruption and other high
Constitution
crimes;
c. betrayal of public trust;
Page 128 of 168
61. At least one-third of all the members 63. A public officer impeached and
of the House of Representatives may removed from office shall:
file articles of impeachment by: a. nevertheless be immune
a. verified bill and resolution; from prosecution, trial and
b. verified complaint and punishment according to
resolution; law;
c. verified notice and b. nevertheless be liable and
resolution; subject to prosecution, trial
d. verified complaint and and punishment under the
notice. Anti-Graft and Corrupt
Practices Act;
SUGGESTED ANSWER: c. nevertheless be liable and
subject to prosecution,
(b) Section 3(1), Article XI of
trial and punishment
Constitution
according to law;
d. nevertheless be liable and
62. The President cannot grant pardon
subject to prosecution, trial
in cases of impeachment. He may
and punishment only for
however exercise such power when:
criminal acts under the law.
a. A person convicted in an
impeachment proceeding
SUGGESTED ANSWER:
is subject to prosecution,
trial and punishment in an (c) Section 3(7), Article XI of
ordinary criminal action; Constitution
b. A person convicted in an
impeachment proceeding is 64. The Ombudsman and his deputies
granted an absolute pardon; are appointed by the President from
c. A person convicted in an a list prepared by:
impeachment proceeding a. the Integrated Bar of the
files his appeal before the Philippines;
Supreme Court; b. the Commission on
d. None of the above. Appointments;
c. the Judicial and Bar
SUGGESTED ANSWER: Council;
d. the Supreme Court.
(a) Section 19, Article VII of Constitution
SUGGESTED ANSWER:
Page 129 of 168
(c) Section 9, Article XI of Constitution b. Philippine Mission of the

International Monetary
65. SALN means: Fund;
a. Summary of assets, liabilities c. Central Bank of the
and net worth; Philippines;
b. Statement of assets in d. World Bank, Philippine
banks, liabilities and net Affiliate.
worth;
c. Statement of assets, SUGGESTED ANSWER:
liabilities and net worth;
d. Statement of personal (c) Section 20, Article XII of Constitution
assets, liabilities and net

68. The President may contract or
worth.
guarantee foreign loans on behalf of
SUGGESTED ANSWER: the Republic of the Philippines only

upon prior concurrence of the:
(c) Section 17, Article XI of Constitution a. House of Representatives;
b. Senate;
66. The independent economic planning c. Central Bank;
agency of the Government as d. Monetary Board.
provided for by the Constitution is
the: SUGGESTED ANSWER:
a. National Privatization Office;
b. National Productivity (d) Section 20, Article VII of Constitution
Commission;
69. Bona fide associations of citizens
c. National Economic
which demonstrate capacity of
Development Authority;
promote the public interest and with
d. National Economic Council.
identifiable leadership, membership,
SUGGESTED ANSWER: and structure are:

a. independent party-list
(c) Section 9, Article XII of Constitution organizations;
b. independent sectoral
67. The Independent Central Monetary organizations;
Authority of the Government is the: c. independent indigenous
a. Bankers Association of the organizations;
Philippines;
Page 130 of 168
d. independent people’s (b) Section 3(3), Article XIV of

organizations. Constitution
SUGGESTED ANSWER: 72. Academic freedom shall be enjoyed:

a. in all public institutions;
(d) Section 15, Article XIII of b. in all elementary and high
Constitution schools;
c. in all schools;
70. The principal function of the
d. in all institutions of higher
Commission on Human Rights is:
learning.
a. issue writs of injunction/
restraining orders; SUGGESTED ANSWER:
b. investigatory;
c. quasi-judicial; (d) Section 5(2), Article XIV of
d. rule-making. Constitution
SUGGESTED ANSWER: 73. Under Article 38(1) of the Statute of

the International Court of Justice,
(b) Section 18(1), Article XIII of which one of the following is NOT
Constitution considered a source of international
law:
71. Optional religious instruction in
a. international conventions;
public elementary and high schools
b. international custom;
is allowed provided it be:
c. international humanitarian
a. without additional overtime
law;
cost to Government;
d. general principles of law.
b. without additional cost to
Government; SUGGESTED ANSWER:
c. without additional cost for
religious books to (c) Article 38 of Statute of International
Government; Court of Justice (Int’l humanitarian law
d. without additional power is embodied in both customary and
consumption costs to conventional int’l law. (Fleck, the
Government. Handbook of Int’l Humanitarian Law, 2nd
ed., p.11)
SUGGESTED ANSWER:
Page 131 of 168
74. In international law, it is a norm order to stand trial or complete his

which States cannot derogate or prison term:
deviate from their agreements: a. extramediation;
a. terra nullius; b. exterrertioriality;
b. opinio juris; c. extradition;
c. jus cogens; d. extraterritoriality.
d. jus cogentus.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(c) Government of the United States of
(c) Article 53 of Vienna Convention on America vs. Purganan, 389 SCRA 623
the Law of Treaties
77. This doctrine considers the general
75. In international law, the status of an or customary norms of international
entity as a State is accepted by law as a part of municipal law and
other States through this act. It is are to be enforced as such, without
the "act by which another State regard as to whether they are
acknowledges that the political enacted as statutory or legislative
entity recognized possesses the rules or not:
attributes of statehood." a. accession;
a. accession; b. incorporation;
b. recognition; c. accretion;
c. acknowledgment; d. adoption.
d. attribution.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(b) Magallona, Fudamentals of Public
(b) Brownlie, Principles of Public International Law, p.523
International Law, 7th ed., p.86
78. Under the United Nations
76. An act or process by which a State, Conference of the Law of the Sea
in compliance with a formal demand (UNCLOS), the extent of the
or request, surrenders to another contiguous zone is:
State an alleged offender or fugitive a. 3 nautical miles from the
criminal who has sought refuge in lowest water mark;
the territory of the first State, in b. 12 miles from the outer
limits;
Page 132 of 168
c. 12 miles from the lowest state may exercise certain protective

water mark; jurisdiction:
d. 200 miles from the outer a. baseline zone;
limits. b. contiguous zone;
c. transit zone;
SUGGESTED ANSWER: d. appurtenant zone.
(c) Articles 3 and 5, Convention on the SUGGESTED ANSWER:

Law of the Sea [Note: In the statement of
the problem, the word “Conference” (b) Article 33, Conventio on the Law of
should read “Convention.” None of the The Sea
items in this MCQ is correct. Reference
to lowest water mark may not be 81. Butchoy installed a jumper cable.
accurate because this applies only to He was prosecuted under a Makati
normal baseline, not to straight baseline. ordinance penalizing such act. He
Reference to “outer limit” is misleading moved for its dismissal on the
because it does not indicate the ground that the jumper cable was
maritime zone of which it is the outer within the territorial jurisdiction of
limit, such as the “outer limt of the Mandaluyong and not Makati. The
territorial sea.”] case was dismissed. The City of

Mandaluyong thereafter filed a case
79. It is a line from which the breadth of against him for theft under the
the territorial sea and other Revised Penal Code (RCP). Is there
maritime zones is measured: double jeopardy?
a. contiguous line; a. No. The first jeopardy was
b. economic line; terminated with his express
c. baseline; consent;
d. archipelagic line. b. Yes. This is double jeopardy
of the second kind –
SUGGESTED ANSWER: prosecution for the same act
under an ordinance and a
(c) Articles 5,6 and 7, Convention on the
law;
Law of the Sea
c. Yes. He is prosecuted for the
same offense which has
80. It is a maritime zone adjacent to the
already been dismissed by
territorial seas where the coastal
the City of Makati;
Page 133 of 168
d. No. The second kind of b. legislative veto;

double jeopardy under c. legislative oversight;
Section 21, Article III only d. legislative scrutiny.
contemplates conviction or
acquittal which could SUGGESTED ANSWER:
terminate a first jeopardy.

(b) and (c) Abakada Guro Party List vs.
SUGGESTED ANSWER: Purisima, 562 SCRA 251. It is suggested

that either (b) or (c) may be accepted as a
(d) Zapatos vs. People, 411 SCRA 148 correct answer.
82. One of the cardinal primary due 84. Which one of the enumeration below
process rights in administrative does not come under the
proceedings is that evidence must Administrative Code definition of a
be "substantial." "Substantial "rule":
evidence" is: a. agency statement of general
a. less than a mere scintilla; applicability that implements
b. less than preponderant or interprets a law;
scintilla; b. fixes and describes the
c. more than a glint of scintilla; procedures in or practice
d. more than a mere scintilla. requirements of, an agency;
c. includes memoranda and
SUGGESTED ANSWER: statements concerning
internal administration;
(d) Ang Tibay vs. CIR, 69 Phil. 636
d. an agency process for the
formulation of a final
83. A statutory provision requiring the
order.
President or an administrative
agency to present the proposed
SUGGESTED ANSWER:
implementing rules and regulations
of a law to Congress which by itself (d) Section 2(2), Chapter 1, Book VII of
or through a committee formed by Administrative Code
it, retains a "right" or "power" to
approve or disapprove such 85. Under the Administrative Code,
regulations before they may take "adjudication" means:
effect, is a: a. whole or any part of any
a. legislative encroachment; agency permit, certificate, or
Page 134 of 168
other form of permission, or views prior to the adoption of

regulation of the exercise of a any rule;
right or privilege; c. as far as practicable, publish
b. an agency process for the or circulate notices of
formulation of a final proposed rules and afford
order; the party-list parties the
c. agency process for the opportunity to submit their
formulation, amendment, or views prior to the adoption of
repeal of a rule; any rule;
d. agency process involving the d. as far as practicable,
grant, renewal, denial, publish or circulate notices
revocation or conditioning of of proposed rules and
a license. afford interested parties
the opportunity to submit
SUGGESTED ANSWER: their views prior to the
adoption of any rule.
(b) Section 2(9), Chapter 1, Book VII of
Administrative Code SUGGESTED ANSWER:
86. The requirement of the (d) Section 9(1), Chapter 2, Book VII of
Administrative Code on "public Administrative Code
participation" is that, if not
otherwise required by law, an 87. Under the Administrative Code, in
agency shall: the fixing of rates, no rules or final
a. in all cases, publish or order shall be valid unless:
circulate notices of proposed a. the proposed rates shall have
rules and afford interested been submitted to the U.P.
parties the opportunity to Law Center for publication at
submit their views prior to least two weeks before the
the adoption of any rule; first hearing thereon;
b. in all clear and proper cases, b. the proposed rates shall have
publish or circulate notices been published in the Official
of proposed rules and afford Gazette at least two weeks
interested parties the before the final hearing
opportunity to submit their thereon;
Page 135 of 168
c. the proposed rates shall 89. In the judicial review of decisions of

have been published in a administrative agencies, the
newspaper of general Administrative Code requires that,
circulation at least two except when specifically provided
weeks before the first otherwise by law:
hearing thereon; a. the findings of law of agency
d. the proposed rates shall have when supported by
been published in a substantial evidence, shall
newspaper of general be final;
circulation at least two b. the findings of fact of the
weeks before the final agency when supported by
hearing thereon. preponderant evidence,
shall be final;
SUGGESTED ANSWER: c. the findings of fact of the
agency when supported by
(c) Section 9(2), Chapter 2, Book VII of
substantial evidence, shall
Administrative Code
be final;
d. the findings of law of the
88. In the judicial review of decisions of
agency when supported by
administrative agencies, the
credible evidence, shall be
Administrative Code requires that
final.
the review shall be made:
a. on the basis of the pleadings
SUGGESTED ANSWER:
taken as a whole;
b. on the basis of the record (b) Section 25(7), Chapter 4, Book VII of
taken as a whole; Administrative Code
c. on the basis of the evidence
taken as a whole; 90. The right of the accused to be
d. on the basis of the informed is violated if:
memoranda taken as a a. he was accused of killing
whole. his wife by strangulation
but it was proven that his
SUGGESTED ANSWER: wife died of poisoning;
b. it was proven that he killed
(b) Section 25(7), Chapter 4, Book VII of
somebody on a date different
Administrative Code
Page 136 of 168
from the one alleged in the d. protected judicial discretion.

information;
c. he was charged with SUGGESTED ANSWER:
parricide but was convicted

(a) Chavez vs. Gonzales, 545 SCRA 441
of murder, because it turned
out that he and the victim
93. In the law of libel and protected
were not married;
speech, a person who, by his
d. the accused was charged
accomplishments, fame, or mode of
with commission of acts of
living, or by adopting a profession or
lasciviousness and was
calling which gives the public a
convicted of unjust vexation.
legitimate interest in his doings, his
affairs, and his character, has
SUGGESTED ANSWER:
become a:
(a) People vs. Ortega, 276 SCRA 166 a. public figure;

b. celebrity;
91. A criminal statute that "fails to give c. public official;
a person of ordinary intelligence fair d. de facto public officer.
notice that his contemplated
conduct is forbidden by statute" is: SUGGESTED ANSWER:
a. void for fair notice;

(a) Ayers Production Pty., Ltd. vs.
b. void for arbitrariness;
Capulong, 160 SCRA 861
c. void for vagueness;
d. void conclusively.
94. Which one of the following is not a
proper test in cases of challenges to
SUGGESTED ANSWER:
governmental acts that may violate
(c) Estrada vs. Sandiganbayan, 369 SCRA protected speech:
394 a. clear and present danger;

b. balancing of interests;
92. "Chilling effect" is a concept used in c. reasonable relation;
the area of constitutional litigation d. dangerous tendency.
affecting:
a. protected speech; SUGGESTED ANSWER:
b. protected executive privilege;

(d) Chavez vs. Gonzales, 545 SCRA 441
c. protected legislative
discretion;
95. Commercial speech is entitled to:
Page 137 of 168
a. more protection compared to to commit a crime because in these

other constitutionally cases, the "seller" has already
guaranteed expression; decided to commit a crime. The
b. equal protection compared to offense happens right before the
other constitutionally eyes of the officer. Under these
guaranteed expression; circumstances:
c. lesser protection compared a. there is a need for an
to other constitutionally administrative but not a
guaranteed expression; judicial warrant for seizure of
d. none of the above. goods and arrest of the
offender;
SUGGESTED ANSWER: b. there is need for a warrant
for the seizure of the goods
(c) Iglesia ni Cirsto vs. CA, 259 SCRA
and for the arrest of the
529
offender;
c. there is no need for a
96. No liability can attach to a false,
warrant either for the
defamatory statement if it relates to
seizure of the goods or for
official conduct, unless the public
the arrest of the offender;
official concerned proves that the
d. the offender can be arrested
statement was with knowledge that
but there is a need for a
it was false or with reckless
separate warrant for the
disregard of whether it was false or
seizure of the goods.
not. This is known as what rule?
a. libel malice rule;
SUGGESTED ANSWER:
b. actual malice rule;
c. malice in fact rule; (c) People s. Bohol, 560 SCRA 232
d. legal malice rule.
98. Where a police officer observes
SUGGESTED ANSWER: unusual conduct which leads him
reasonably to conclude in light of
(b) Vasques vs. CA, 314 SCRA 460
his experience that criminal activity
may be afoot and that the persons
97. It is form of entrapment. The
with whom he is dealing may be
method is for an officer to pose as a
armed and dangerous and he
buyer. He, however, neither
identifies himself and makes
instigates nor induces the accused
Page 138 of 168
reasonable inquiries, but nothing b. right to be presumed

serves to dispel his reasonable fear innocent;
for his own or other’s safety, he is c. right to counsel;
entitled to conduct a carefully d. right to production of
limited search of the outer clothing evidence.
of such persons for weapons. Such
search is constitutionally SUGGESTED ANSWER:
permissible and is known as a:

(c) People vs. Holgado, 85 Phil. 752
a. stop and search;
b. stop and frisk;
100. The constitutional right of an
c. stop and interrogate;
accused "to meet the witnesses face
d. stop and detain.
to face" is primarily for the purpose
of affording the accused an
SUGGESTED ANSWER:
opportunity to:
(b) Terry vs. Ohio, 392 U.S.I a. identify the witness;

b. cross-examine the witness;
99. Accused was charged with slight c. be informed of the witness;
illegal detention. On the day set for d. be heard.
the trial, the trial court proceeded as
follows: SUGGESTED ANSWER:
(b) People vs. Montenegro, 436 SCRA 33

Q: "Do you have an
"Court: to
attorney or are you going
the accused:
to plead guilty?"
A: "I have no lawyer and i

will plead guilty."
-0-0-0-
Accused was then arraigned,
pleaded guilty, was found guilty and
sentenced. On appeal, the Supreme
Court reversed. The accused was
deprived of his:
a. right to cross-examination;
Page 139 of 168
2011 Political Law Exam of the President which reinstated the

LTFRB’s ruling. BB Express went to the
MCQ (November 6, 2011) Court of Appeals on certiorari questioning
the decision of the Office of the President on
(1) Filipino citizenship may be acquired
the ground that Office of the President has
through judicial naturalization only by an
no jurisdiction over the case in the absence
alien
of any law providing an appeal from DOTC
to the Office of the President. Will the
(A) born, raised, and educated in the
petition prosper?
Philippines who has all the
qualifications and none of the
(A) No, exhaustion of administrative
disqualifications to become a
remedies up to the level of the
Filipino citizen.
President is a pre-requisite to
judicial recourse.
(B) who has all the qualifications
and none of the disqualifications
(B) No, the action of the DOTC
to become a Filipino citizen.
Secretary bears only the implied
approval of the President who is
(C) born and raised in the
not precluded from reviewing the
Philippines who has all the
decision of the former.
qualifications and none of the
disqualifications to become a
(C) Yes, when there is no law
Filipino citizen.
providing an appeal to the Office of
the President, no such appeal may
(D) whose mother or father is a
be pursued.
naturalized Filipino and who himself
is qualified to be naturalized.
(D) Yes, the doctrine of qualified
political agency renders
(2) Jax Liner applied for a public utility bus
unnecessary a further appeal to the
service from Bacolod to Dumaguete from
Office of the President.
the Land Transportation Franchising and
Regulatory Board (LTFRB). BB Express
(3) Where A is set for promotion to
opposed. LTFRB ruled in favor of Jax. BB
Administrative Assistant III and B to the
appealed to the Secretary of the
post of Administrative Assistant II vacated
Department of Transportation and
by A, the appointing authority must
Communication (DOTC), who reversed the
LTFRB decision. Jax appealed to the Office
Page 140 of 168
(A) submit to the CSC the two Commission (CSC) subsequently found him
promotional appointments guilty and after considering a number of
together for approval. mitigating circumstances, reduced his
penalty to only one month suspension. Is
(B) not appoint B until the CSC has Mario entitled to back salaries?
approved A’s appointment.
(A) Yes, the reduction of the penalty
(C) submit to the Civil Service means restoration of his right to
Commission (CSC) the second back salaries.
appointment after its approval of the
first. (B) No, the penalty of one month
suspension carries with it the
(D) simultaneously issue the forfeiture of back salaries.
appointments of A and B.
(C) No, he is still guilty of grave
(4) When a witness is granted transactional misconduct, only the penalty was
immunity in exchange for his testimony on reduced.
how his immediate superior induced him to
destroy public records to cover up the (D) Yes, corresponding to the period
latter's act of malversation of public funds, of his suspension pending appeal
the witness may NOT be prosecuted for less one month.
(A) direct contempt. (6) Althea, a Filipino citizen, bought a lot in

the Philippines in 1975. Her predecessors-
(B) infidelity in the custody of in-interest have been in open, continuous,
public records. exclusive and notorious possession of the
lot since 1940, in the concept of owner. In
(C) falsification of public documents.
1988, Althea became a naturalized
Australian citizen. Is she qualified to apply
(D) false testimony.
for registration of the lot in her name?
(5) Mario, a Bureau of Customs’ examiner,

(A) Yes, provided she acquires back
was administratively charged with grave
her Filipino citizenship.
misconduct and preventively suspended
pending investigation. The head of office
(B) No, except when it can be proved
found him guilty as charged and ordered
that Australia has a counterpart
his dismissal. The decision against him was
executed pending appeal. The Civil Service
Page 141 of 168
domestic law that also favors former (D) expediency.

Filipino citizens residing there.
(9) An appointment held at the pleasure of
(C) Yes, the lot is already private the appointing power
in character and as a former
natural-born Filipino, she can buy (A) essentially temporary in
the lot and apply for its nature.
registration in her name.

(B) requires special qualifications of
(D) No, foreigners are not allowed to the appointee.
own lands in the Philippines.

(C) requires justifiable reason for its
(7) The privacy of communication and termination.
correspondence shall be inviolable except

(D) is co-extensive with the term of
upon lawful order of the court or when
the public officer who appointed
(A) public safety or public health him.
requires otherwise as prescribed by

(10) The city government filed a complaint
law.
for expropriation of 10 lots to build a
(B) dictated by the need to maintain recreational complex for the members of the
public peace and order. homeowners' association of Sitio Sto.

Tomas, the most populated residential
(C) public safety or order requires compound in the city. The lot owners
otherwise as prescribed by law. challenged the purpose of the
expropriation. Does the expropriation have
(D) public safety or order requires a valid purpose?
otherwise as determined by the
President. (A) No, because not everybody uses
a recreational complex.
(8) One advantage of a written Constitution
is its (B) No, because it intends to
benefit a private organization.
(A) reliability.
(C) Yes, it is in accord with the
(B) permanence. general welfare clause.
(C) flexibility.
Page 142 of 168
(D) Yes, it serves the well-being of (C) No, international agreements are
the local residents. sui generis which must stand
independently of our domestic laws.
(11) An example of a content based
restraint on free speech is a regulation (D) Yes, the executive agreement is
prescribing actually a treaty which does not
take effect without ratification by
(A) maximum tolerance of pro- the Senate.
government demonstrations.
(13) Jose Cruz and 20 others filed a petition
(B) a no rally-no permit policy. with the COMELEC to hold a plebiscite on
their petition for initiative to amend the
(C) when, where, and how lawful
Constitution by shifting to a unicameral
assemblies are to be conducted.
parliamentary form of government.
Assuming that the petition has been signed
(D) calibrated response to rallies
by the required number of registered voters,
that have become violent.
will it prosper?
(12) The President forged an executive

(A) No, only Congress can exercise
agreement with Vietnam for a year supply
the power to amend the
of animal feeds to the Philippines not to
Constitution.
exceed 40,000 tons. The Association of
Animal Feed Sellers of the Philippines
(B) Yes, the people can substantially
questioned the executive agreement for
amend the Constitution by direct
being contrary to R.A. 462 which prohibits
action.
the importation of animal feeds from Asian
countries. Is the challenge correct? (C) Yes, provided Congress concurs
in the amendment.
(A) Yes, the executive agreement
is contrary to our existing (D) No, since they seek, not an
domestic law. amendment, but a revision.
(B) No, the President is the sole (14) The Comelec en banc cannot hear and
organ of the government in external decide a case at first instance EXCEPT
relations and all his actions as such when
form part of the law of the land.
Page 143 of 168
(A) a Division refers the case to it for (D) based on the objection of the
direct action. accused to the prosecution's
motion to postpone trial.
(B) the case involves a purely
administrative matter. (17) The new Commissioner of Immigration,
Mr. Suarez, issued an Office Order directing
(C) the inhibition of all the members the top immigration officials to tender
of a Division is sought. courtesy resignation to give him a free hand
in reorganizing the agency. In compliance,
(D) a related case is pending before
Director Sison of the Administrative
the Supreme Court en banc.
Department tendered his resignation in
writing which Mr. Suarez immediately
(15) Each of the Constitutional
accepted. Director Sison went to court,
Commissions is expressly described as
assailing the validity of his courtesy
"independent," exemplified by its
resignation and Mr. Suarez’s acceptance of
(A) immunity from suit. the same. Will the action prosper?
(B) fiscal autonomy. (A) No, Director Sison tendered his

resignation and it was accepted.
(C) finality of action.
(B) No, estoppel precludes Director
(D) collegiality. Sison from disclaiming the
resignation he freely tendered.
(16) There is double jeopardy when the
dismissal of the first case is (C) Yes,for so long as no one has yet
been appointed to replace him,
(A) made at the instance of the Director Sison may still withdraw
accused invoking his right to fair his resignation.
trial.
(D) Yes, Director Sison merely
(B) made upon motion of the complied with the order of the
accused without objection from the head of office; the element of
prosecution. clear intention to relinquish
office is lacking.
(C) made provisionally without
objection from the accused. (18) An administrative rule that fixes rates
is valid only when the proposed rates are
Page 144 of 168
(A) published and filed with the UP (D) The rules of court should prevail
Law Center. since just compensation is a
procedural matter subject to the
(B) published and hearings are rule making power of the Supreme
conducted. Court.
(C) published and posted in three (20) After X, a rape suspect, was apprised of
public places. his right to silence and to counsel, he told
the investigators that he was waiving his
(D) published and all stakeholders
right to have his own counsel or to be
are personally notified.
provided one. He made his waiver in the
presence of a retired Judge who was
(19) The government sought to expropriate
assigned to assist and explain to him the
a parcel of land belonging to Y. The law
consequences of such waiver. Is the waiver
provides that, to get immediate possession
valid?
of the land, the government must deposit
the equivalent of the land's zonal value. The
(A) No, the waiver was not reduced
government insisted, however, that what
in writing.
apply are the rules of court which require
an initial deposit only of the assessed value (B) Yes, the mere fact that the
of the property. Which should prevail on lawyer was a retired judge does not
this matter, the law or the rules of court? cast doubt on his competence and
independence.
(A) Both law and rules apply
because just compensation should (C) Yes, the waiver was made
be fixed based on its zonal or voluntarily, expressly, and with
assessed value, whichever is higher. assistance of counsel.
(B) Both law and rules apply (D) No, a retired Judge is not a
because just compensation should competent and independent
be fixed based on its zonal or counsel.
assessed value, whichever is lower.
(21) Governor Paloma was administratively
(C) The law should prevail since charged with abuse of authority before the
the right to just compensation is Office of the President. Pending hearing, he
a substantive right that Congress ran for reelection and won a second term.
has the power to define. He then moved to dismiss the charge
Page 145 of 168
against him based on this supervening (A) only to present conditions.

event. Should the motion be granted?
(B) so long as it remains relevant to
(A) Yes, Governor Paloma's the government.
reelection is an expression of the
electorate's obedience to his will. (C) for a limited period only.
(B) No, Governor Paloma's reelection (D) for as long as the problem to
cannot extinguish his liability for be corrected exists.
malfeasance in office.
(24) The President wants to appoint A to the
(C) No, Governor Paloma's reelection vacant post of Associate Justice of the
does not render moot the Supreme Court because of his
administrative case already pending qualifications, competence, honesty, and
when he filed his certificate of efficiency. But A’s name is not on the list of
candidacy for his reelection bid. nominees that the Judicial and Bar Council
(JBC) submitted to the President. What
(D) Yes, Governor Paloma's should the President do?
reelection is an expression of the
electorate's restored trust. (A) Request the JBC to consider
adding A to the list.
(22) The decision of the Regional Trial Court
on appeals pertaining to inclusions or (B) Decline to appoint from the list.
exclusions from the list of voters

(C) Appoint from the list.
(A) is inappealable.
(D) Return the list to JBC.
(B) is subject to an action for

(25) Courts may still decide cases that have
annulment.
otherwise become academic when they
(C) may be brought straight to the involve
Supreme Court.
(A) the basic interest of people.
(D) is appealable to the Commission

(B) petitions for habeas corpus.
on Elections.
(C) acts of the Chief Executive.

(23) The equal protection clause allows
valid classification of subjects that applies
Page 146 of 168
(D) Presidential election protests. House of Representatives Committee on

Justice found the verified complaint for
(26) The right of the State to prosecute impeachment against the President
crimes by available evidence must yield to sufficient in form but insufficient in
the right of substance. Within the same year, another
impeachment suit was filed against the
(A) the accused against self-
President who questioned the same for
incrimination.
being violative of the Constitution. Is the
President correct?
(B) another State to extradite a
fugitive from justice.
(A) No, "initiated" means the Articles
of Impeachment have been actually
(C) the State to deport undesirable
filed with the Senate for trial; this
aliens.
did not yet happen.
(D) the complainant to drop the case

(B) No, the first complaint was not
against the accused.
deemed initiated because it was
(27) A temporary appointee to a public originally filed with the Senate.
office who becomes a civil service eligible

(C) Yes, the dismissal of the first
during his tenure
impeachment proceeding bars the
(A) loses his temporary appointment initiation of another during the
without prejudice to his re- same term of the President.
appointment as permanent.
(D) Yes, no impeachment
(B) has the right to demand proceeding can be filed against
conversion of his appointment to the President more than once
permanent. within a year.
(C) automatically becomes a (29) The Solicitor General declines to
permanent appointee. institute a civil action on behalf of a

government agency due to his strained
(D) retains his temporary relation with its head, insisting that the
appointment. agency’s lawyers can file the action. Is the
Solicitor General correct?
(28) Upon endorsement from the Senate
where it was first mistakenly filed, the
Page 147 of 168
(A) Yes, when he deems he cannot (31) The Metro Manila Development
harmoniously and effectively work Authority (MMDA) passed a rule
with the requesting agency. authorizing traffic enforcers to impound
illegally parked vehicles, for the first
(B) No, he must, in choosing offense, and confiscate their registration
whether to prosecute an action, plates for the second. The MMDA issued
exercise his discretion according this rule to implement a law that
to law and the best interest of the authorized it to suspend the licenses of
State. drivers who violate traffic rules. Is the
MMDA rule valid?
(C) Yes, as in any lawyer-client
relationship, he has the right to (A) No, since the MMDA does not
choose whom to serve and have rule-making power.
represent.
(B) Yes, it is a valid exercise of the
(D) No, the Solicitor General's duty power of subordinate legislation.
to represent the government, its
offices and officers is mandatory and (C) Yes, it is an implicit consequence
absolute. of the law upon which it acted.
(30) A department secretary may, with the (D) No, the rule goes beyond the
President's consent, initiate his appearance sphere of the law.
before the Senate or the House of
Representatives which (32) Senator Bondoc was charged with
murder and detained at the Quezon City
(A) must seek the concurrence of the Jail. He invoked, in seeking leave from the
other House before acting. court to attend the session of the Senate,
his immunity from arrest as a Senator. How
(B) must hold an executive session should the court rule on his motion?
to hear the department secretary.
(A) Deny the motion unless the
(C) may altogether reject the Senate issues a resolution certifying
initiative. to the urgency of his attendance at
its sessions.
(D) must accept such initiated
appearance.
Page 148 of 168
(B) Grant the motion provided he (C) X is entitled to reinstatement but

posts bail since he is not a flight not to back salaries on ground of
risk. "damnum absque injuria."
(C) Grant the motion so as not to (D) X is entitled to reinstatement

deprive the people who elected him and back salaries during his
their right to be represented in the suspension pending appeal.
Senate.
(34) Courts may dismiss a case on ground
(D) Deny the motion since of mootness when
immunity from arrest does not
apply to a charge of murder. (A) the case is premature.
(33) X, an administrative officer in the (B) petitioner lacks legal standing.
Department of Justice, was charged with

(C) the questioned law has been
grave misconduct and preventively
repealed.
suspended for 90 days pending
investigation. Based on the evidence, the
(D) the issue of validity of law was
Secretary of Justice found X guilty as
not timely raised.
charged and dismissed him from the
service. Pending appeal, X's dismissal was (35) Alfredo was elected municipal mayor
executed. Subsequently, the Civil Service for 3 consecutive terms. During his third
Commission (CSC) reversed the Secretary’s term, the municipality became a city.
decision and the reversal became final and Alfredo ran for city mayor during the next
executory. What is the effect of X's immediately succeeding election. Voltaire
exoneration? sought his disqualification citing the 3 term
limit for elective officials. Will Voltaire's
(A) X is entitled to reinstatement
action prosper?
and back salaries both during his
90 day preventive suspension and (A) No, the 3 term limit should not
his suspension pending appeal. apply to a person who is running for
a new position title.
(B) X is entitled to reinstatement
and back salaries corresponding (B) Yes, the 3 term limit applies
only to the period of delay caused by regardless of any voluntary or
those prosecuting the case against involuntary interruption in the
him. service of the local elective official.
Page 149 of 168
(C) Yes, the 3 term limit (C) ex parte.

uniformly applies to the office of
mayor, whether for city or (D) through speedy arbitration.
municipality.
(38) When the President orders the Chief of
(D) No, the 3 term limit should not the Philippine National Police to suspend
apply to a local government unit the issuance of permits to carry firearms
that has assumed a different outside the residence, the President
corporate existence. exercises
(36) In what scenario is an extensive search (A) the power of control.
of moving vehicles without warrant valid?

(B) the Commander-in-Chief power.
(A) The police became suspicious on

(C) the power of supervision.
seeing something on the car’s back
seat covered with blanket.
(D) the calling out power.
(B) The police suspected an

(39) Carlos, a foreign national was charged
unfenced lot covered by rocks and
with and convicted of a serious crime in
bushes was planted to marijuana.
State X and sentenced to life imprisonment.
His country applied for relief with the
(C) The police became suspicious
International Court of Justice (ICJ), arguing
when they saw a car believed to be
that State X did not inform Carlos of his
of the same model used by the
right under Article 36 of the Vienna
killers of a city mayor.
Convention to be accorded legal assistance
(D) The driver sped away in his by his government. State X, as signatory to
car when the police flagged him the Vienna Convention, agreed to ICJ's
down at a checkpoint. compulsory jurisdiction over all disputes

regarding the interpretation or application
(37) Pre-proclamation controversies shall be of the Vienna Convention. ICJ ruled that
heard State X violated its obligation to provide
consular notification to the foreign
(A) summarily without need of national's country. ICJ also required State
trial. X to review and reconsider the life sentence
imposed on the foreign national. State X
(B) through trial by commissioner.
then wrote the United Nations informing
Page 150 of 168
that it was withdrawing from the Optional (C) Yes, the police acted based on
Protocol on Vienna Convention and was not reliable information and the fact
bound by the ICJ decision. What principle that an officer saw the driver
of international law did State X violate? carrying a gun.
(A) Pacta Sunt Servanda (D) No, police officers do not have
unbridled discretion to conduct a
(B) Act of State Doctrine warrantless search of moving
vehicles.
(C) Protective Principle
(41) The Commission on Elections is an

(D) Jus Cogens
independent body tasked to enforce all laws
relative to the conduct of elections. Hence,
(40) An informer told the police that a
it may
Toyota Car with plate ABC 134 would
deliver an unspecified quantity of ecstacy in
(A) conduct two kinds of electoral
Forbes Park, Makati City. The officers
count: a slow but official count; and
whom the police sent to watch the Forbes
a quick but unofficial count.
Park gates saw the described car and
flagged it down. When the driver stopped (B) make an advance and unofficial
and lowered his window, an officer saw a canvass of election returns through
gun tucked on the driver's waist. The officer electronic transmission.
asked the driver to step out and he did.
When an officer looked inside the car, he (C) undertake a separate and
saw many tablets strewn on the driver's unofficial tabulation of the results of
seat. The driver admitted they were ecstacy. the election manually.
Is the search valid?
(D) authorize the citizens arm to
(A) No, the rule on warrantless use election returns for unofficial
search of moving vehicle does not count.
allow arbitrariness on the part of the
police. (42)The President may proclaim martial law
over a particular province subject to
(B) Yes, the police officers had the revocation or extension
duty to verify the truth of the
information they got and pursue it (A) by Congress,subject to
to the end. ratification by the Supreme Court.
Page 151 of 168
(B) by the Supreme Court. (A) No, because the law prohibits
relatives from working within the
(C) by Congress alone same government unit.
(D) by Congress, upon (B) Yes, because Maria’s position

recommendation of the respective does not fall within the
Sangguniang Panlalawigan. prohibition.
(43) During his incumbency, President (C) No, because her mother is not
Carlos shot to death one of his advisers the designating authority.
during a heated argument over a game of
golf that they were playing. The deceased (D) No, because Maria is related to
adviser’s family filed a case of homicide the supervising authority within the
against President Carlos before the city prohibited degree of consanguinity.
prosecutor’s office. He moved to dismiss the
case, invoking presidential immunity from (45) The President's appointment of an
suit. Should the case be dismissed? acting secretary although Congress is in

session is
(A) Yes, his immunity covers his
interactions with his official family, (A) voidable.
including the deceased adviser.

(B) valid.
(B) No, his immunity covers only

(C) invalid.
work-related crimes.
(D) unenforceable.
(C) Yes, his immunity holds for
the whole duration of his tenure.
(46) Congress passed a bill appropriating
P50 million in assistance to locally based
(D) No, his immunity does not cover
television stations subject to the condition
crimes involving moral turpitude.
that the amount would be available only in
(44) The School Principal of Ramon places where commercial national television
Magsaysay High School designated Maria, stations do not operate. The President
her daughter, as public school teacher in approved the appropriation but vetoed the
her school. The designation was assailed on condition. Was the veto valid?
ground of nepotism. Is such designation

(A) Yes, since the vetoed condition
valid?
may be separated from the item.
Page 152 of 168
(B) Yes, the President's veto power is "notorious street gang members." Is the
absolute. ordinance valid?
(C) No, since the veto amounted to a (A) No, it leaves the public
suppression of the freedom to uncertain as to what conduct it
communicate through television. prohibits.
(D) No, since the approval of the (B) No, since it discriminates
item carried with it the approval between loitering in public places
of the condition attached to it. and loitering in private places.
(47) In the exercise of its power of legislative (C) Yes, it provides fair warning to
inquiries and oversight functions, the gang members prior to arrest
House of Representatives or the Senate may regarding their unlawful conduct.
only ask questions
(D) Yes, it is sufficiently clear for the
(A) that the official called is willing public to know what acts it
to answer. prohibits.
(B) that are relevant to the proposed (49) The people may approve or reject a
legislation. proposal to allow foreign investors to own
lands in the Philippines through an
(C) to which the witness gave his electoral process called
prior consent.
(A) referendum.
(D) material to the subject of
inquiry. (B) plebiscite.
(48) An ordinance prohibits "notorious (C) initiative.

street gang members" from loitering in
public places. The police are to disperse (D) certification.
them or, if they refuse, place them under

(50) Where a candidate for the Senate
arrest. The ordinance enumerates which
stated in his certificate of candidacy that he
police officers can make arrest and defines
is single, when he is very much married,
street gangs, membership in them, and
though separated, his certificate of
public areas. The ordinance was challenged
candidacy
for being vague regarding the meaning of
Page 153 of 168
(A) may be canceled. (C) a valid exercise of police power.
(B) will subject him to a quo (D) invalid for being discriminatory.
warranto action.
(53) Small-scale utilization of natural
(C) remains valid. resources by Filipino citizens may be
allowed by
(D) may be denied due course.
(A) Congress.
(51) A candidate who commits vote buying
on Election Day itself shall be prosecuted (B) either the Senate or the House of
by the Representatives.
(A) COMELEC. (C) the President.
(B) Secretary of Justice. (D) the President with the consent of

Congress.
(C) police and other law enforcement
agencies. (54) When the Civil Service Commission
(CSC) approves the appointment of the
(D) City or Provincial Prosecutor. Executive Director of the Land
Transportation Franchising and Regulatory
(52) A law authorized the Secretary of
Board who possesses all the prescribed
Agriculture to require the quarantine of
qualifications, the CSC performs
animals that suffer from dangerous
communicable diseases at such place and (A) a discretionary duty.
for such time he deems necessary to
prevent their spread. The Secretary of (B) a mix discretionary and
Agriculture issued a regulation, imposing a ministerial duty.
penalty of imprisonment for 10 days on
persons transporting quarantined animals (C) a ministerial duty.
without his permission. The regulation is

(D) a rule-making duty.
(A) a valid exercise of the power of

(55) Xian and Yani ran for Congressman in
subordinate legislation.
the same district. During the canvassing,
(B) invalid for being ultra vires. Yani objected to several returns which he
said were tampered with. The board of
Page 154 of 168
canvassers did not entertain Yani's (A) the operative fact doctrine.
objections for lack of authority to do so.
Yani questions the law prohibiting the filing (B) the rule against double jeopardy.
of pre-proclamation cases involving the

(C) the doctrine of supervening
election of Congressmen since the
event.
Constitution grants COMELEC jurisdiction
over all pre-proclamation cases, without
(D) the orthodox doctrine.
distinction. Is Yani correct?
(57) Accused X pleaded not guilty to the

(A) Yes, the Constitution grants
charge of homicide against him. Since he
jurisdiction to COMELEC on all pre-
was admitted to bail, they sent him notices
proclamation cases, without
to attend the hearings of his case. But he
exception.
did not show up, despite notice, in four
successive hearings without offering any
(B) No, COMELEC’s jurisdiction
justification. The prosecution moved to
over pre-proclamation cases
present evidence in absentia but the court
pertains only to elections for
denied the motion on the ground that the
regional, provincial, and city
accused has a right to be present at his
officials.
trial. Is the court correct?
(C) No, COMELEC’s jurisdiction over

(A) No, the court is mandated to
pre-proclamation cases does not
hold trial in absentia when the
include those that must be brought
accused had been arraigned, had
directly to the courts.
notice, and his absence was
(D) Yes, any conflict between the law unjustified.
and the Constitution relative to

(B) Yes, it remains discretionary on
COMELEC's jurisdiction must be
the court whether to conduct trial in
resolved in favor of the Constitution.
absentia even if the accused had
(56) When the Supreme Court nullified the been arraigned and had notice and
decisions of the military tribunal for lack of did not justify his absence.
jurisdiction, it excluded from their coverage

(C) Yes, it is within the court's
decisions of acquittal where the defendants
discretion to determine how many
were deemed to have acquired a vested
postponements it will grant the
right. In so doing, the Supreme Court
applied
Page 155 of 168
accused before trying him in (A) a private sheriff.

absentia.
(B) a public officer.
(D) No, the court may reject trial in
absentia only on grounds of fraud, (C) a private warehouseman.
accident, mistake, or excusable

(D) an agent of the party to whom
negligence.
the property will ultimately be
(58) Following COMELEC Chairman Bocay's awarded.
conviction for acts of corruption in the

(60) The COMELEC en banc shall decide a
impeachment proceedings, he was indicted
motion for reconsideration of
for plunder before the Sandiganbayan and
found guilty, as charged. Can he get
(A) the House or Representatives
Presidential pardon on the plunder case?
and the Senate electoral tribunals.
(A) No, plunder is not a pardonable

(B) the decision of the election
offense.
registrar.
(B) No, conviction in a criminal case

(C) the decision of the COMELEC
for the same acts charged in the
division involving an election
impeachment proceedings is not
protest.
pardonable.
(D) its own decision involving an

(C) Yes, convictions in two different
election protest.
fora for the same acts, are too harsh
that they are not beyond the reach (61) Adela served as Mayor of Kasim for 2
of the President’s pardoning power. consecutive terms. On her third term,
COMELEC ousted her in an election protest
(D) Yes, conviction in court in a
that Gudi, her opponent, filed against her.
criminal action is subject to the
Two years later, Gudi faced recall
President's pardoning power.
proceedings and Adela ran in the recall
election against him. Adela won and served
(59) A private person constituted by the
as Mayor for Gudi's remaining term. Can
court as custodian of property attached to
Adela run again for Mayor in the next
secure a debt sought to be recovered in a
succeeding election without violating the 3
civil proceeding is
term limit?
Page 156 of 168
(A) No, she won the regular (C) punishment for a crime where
mayoralty election for two one has been duly convicted.
consecutive terms and the recall
election constitutes her third term. (D) condition precedent to one's
valid arraignment.
(B) A. No, she already won the
mayoralty election for 3 consecutive (64) Van sought to disqualify Manresa as
terms. congresswoman of the third district of

Manila on the ground that the latter is a
(C) Yes, her ouster from office in greencard holder. By the time the case was
her third term interrupted the decided against Manresa, she had already
continuity of her service as served her full term as congresswoman.
mayor. What was Manresa's status during her
incumbency as congresswoman?
(D) Yes, the fresh mandate given her
during the recall election erased her (A) She was a de jure officer, having
disqualification for a third term. been duly elected.
(62) A child born in the United States to a (B) She was not a public officer
Filipino mother and an American father is because she had no valid existing
public office.
(A) a Filipino citizen by election.
(C) She was a de jure officer since
(B) a repatriated Filipino citizen. she completed her term before she
was disqualified.
(C) a dual citizen.
(D) She was a de facto officer

(D) a natural born Filipino citizen.
since she was elected, served, and
her disqualification only came
(63) Involuntary servitude may be required
later.
as
(65) Whose appointment is NOT subject to

(A) part of rehabilitation of one duly
confirmation by the Commission on
charged with a crime.
Appointments?
(B) substitute penalty for one who

(A) Chairman of the Civil Service
has been duly tried for a crime.
Commission
Page 157 of 168
(B) Chief Justice of the Supreme (68) Associate Justice A retires from the
Court Supreme Court 90 days before the
forthcoming Presidential election. May the
(C) Chief of Staff of the Armed incumbent President still appoint Justice
Forces of the Philippines A's successor?
(D) Executive Secretary (A) No, it will violate the

Constitutional prohibition against
(66) The system of checks and balances
midnight appointments.
operates when
(B) Yes, vacancies in the Supreme

(A) the President nullifies a
Court should be filled within 90
conviction in a criminal case by
days from occurrence of the
pardoning the offender.
vacancy.
(B) Congress increases the budget

(C) Yes, vacancies in the Supreme
proposal of the President.
Court should be filled within 90
days from submission of JBC
(C) the President does not release
nominees to the President.
the countryside development funds
to members of Congress.
(D) No, the incumbent President
must yield to the choice of the next
(D) Congress expands the appellate
President
jurisdiction of the Supreme Court,
as defined by the Constitution.
(69) The President may set a limit on the
country's import quota in the exercise of his
(67) The price of staple goods like rice may
be regulated for the protection of the
(A) delegated power.
consuming public through the exercise of
(B) concurring power.

(A) power of subordinate legislation.
(C) residual power.

(B) emergency power.
(D) inherent power.

(C) police power.
(70) Amor sued for annulment of a deed of

(D) residual power.
sale of Lot 1. While the case was ongoing,
Baltazar, an interested buyer, got a
Page 158 of 168
Certification from Atty. Crispin, the Clerk of HLURB judgment. Atlantic challenges the
Court, that Lot 1 was not involved in any validity of the decision of the Office of the
pending case before the court. Acting on the President for not stating the facts and the
certification, the Register of Deeds canceled law on which it is based. Is the challenge
the notice of lis pendens annotated on Lot correct?
1’s title. Amor filed a damage suit against
Atty. Crispin but the latter invoked good (A) No, the Office of the President is
faith and immunity from suit for acts governed by its own rules respecting
relating to his official duty, claiming he was review of cases appealed to it.
not yet the Clerk of Court when Amor filed

(B) Yes, the decision of the Office of
his action. Decide.
the President must contain its own
(A) Atty. Crispin is immune from crafted factual findings and legal
suit since he enjoys the conclusions.
presumption of regularity of
(C) Yes, administrative due process
performance of public duty.
demands that the Office of the
(B) Atty. Crispin's defense is President make findings and
invalid since he issued his conclusions independent of its
certification recklessly without subordinate.
checking the facts.

(D) No, the Office of the President
(C) Atty. Crispin's defense is valid is not precluded from adopting
since he was unaware of the the factual findings and legal
pendency of the case. conclusions contained in the

HLURB decision.
(D) As Clerk of Court, Atty. Crispin
enjoys absolute immunity from suit (72) A collision occurred involving a
for acts relating to his work. passenger jeepney driven by Leonardo, a

cargo truck driven by Joseph, and a dump
(71) The Housing and Land Use Regulatory truck driven by Lauro but owned by the
Board (HLURB) found Atlantic Homes, Inc. City of Cebu. Lauro was on his way to get a
liable in damages arising from its delayed load of sand for the repair of the road along
release of the title to the house and lot that Fuente Street, Cebu City. As a result of the
it sold to Josephine. Atlantic appealed to collision, 3 passengers of the jeepney died.
the Office of the President which rendered a Their families filed a complaint for damages
one page decision, affirming the attached against Joseph who in turn filed a third
Page 159 of 168
party complaint against the City of Cebu (74) An information for murder was filed
and Lauro. Is the City of Cebu liable for the against X. After examining the case records
tort committed by its employee? forwarded to him by the prosecution, the
trial judge granted bail to X based on the
(A) The City of Cebu is not liable prosecution's manifestation that it was not
because its employee was engaged objecting to the grant of bail. Is the trial
in the discharge of a judge correct?
governmental function.
(A) Yes, the trial judge may evaluate
(B) The City of Cebu is liable for the the strength or weakness of the
tort committed by its employee while evidence based on the case records
in the discharge of a non- forwarded to him.
governmental function.
(B) No, the trial judge should have
(C) The City of Cebu is liable in held a hearing to ascertain the
accord with the precept of quality of the evidence of guilt
respondeat superior. that the prosecution had against
X.
(D) The City of Cebu is not liable as
a consequence of its non-suitability. (C) No, the trial judge should have
conducted a hearing to ascertain
(73) During promulgation of sentence, the
first whether or not X was validly
presence of the accused is mandatory but
arrested.
he may appear by counsel or representative
when (D) Yes, the trial judge may
reasonably rely on the prosecution's
(A) he is charged with a light
manifestation that he had no
offense.
objection to the grant of bail.
(B) he was able to cross-examine the

(75) The President CANNOT call out the
prosecution’s witnesses.
military
(C) he waives his right to be present.

(A) to enforce customs laws.
(D) he is convicted of a bailable

(B) to secure shopping malls against
offense.
terrorists.
Page 160 of 168
(C) to arrest persons committing (A) torture or lingering suffering.

rebellion.
(B) primitive and gross penalties.
(D) to raid a suspected haven of
lawless elements. (C) unusual penal methods.
(76) Mass media in the Philippines may be (D) degrading and queer penalties.
owned and managed by

(79) Judge Lloyd was charged with serious
(A) corporations wholly owned and misconduct before the Supreme Court. The
managed by Filipinos. Court found him guilty and ordered him

dismissed. Believing that the decision was
(B) corporations 60% owned by not immediately executory, he decided a
Filipinos. case that had been submitted for
resolution. The decision became final and
(C) corporations wholly owned by executory. But the losing party filed a
Filipinos. certiorari action with the Court of Appeals
seeking to annul the writ of execution
(D) corporations 60% owned and
issued in the case and bar Judge Lloyd
managed by Filipinos.
from further acting as judge. Can the relief
against Judge Lloyd be granted?
(77) Procedural due process in
administrative proceedings
(A) No, Judge Lloyd's right to stay
as judge may be challenged only
(A) requires the tribunal to
by direct proceeding, not
consider the evidence presented.
collaterally.
(B) allows the losing party to file a

(B) Yes, the action against Judge
motion for reconsideration.
Lloyd may be consolidated with the
(C) requires hearing the parties on case before the Court of Appeals and
oral argument. decided by it.
(D) permits the parties to file (C) Yes, Judge Lloyd 's right to stay
memoranda. as judge may be challenged as a

necessary incident of the certiorari
(78) The Constitution prohibits cruel and action.
inhuman punishments which involve
Page 161 of 168
(D) No, the losing party has no Anton. The COMELEC approved the
standing to challenge Judge Lloyd's petition and set a date for its signing by
right to stay as judge. other qualified voters in order to garner at
least 25% of the total number of Bar
(80) Executive Secretary Chua issued an Examination Questionnaire for Political Law
order prohibiting the holding of rallies along Set A registered voters or total number of
Mendiola because it hampers the traffic those who actually voted during the local
flow to Malacanang. A group of militants election in 2005, whichever is lower. Anton
questioned the order for being attacked the COMELEC resolution for being
unconstitutional and filed a case against invalid. Do you agree with Anton?
Secretary Chua to restrain him from
enforcing the order. Secretary Chua raised (A) No, the petition, though initiated
state immunity from suit claiming that the by just one person, may be ratified
state cannot be sued without its consent. Is by at least 25% of the total number
the claim correct? of registered voters.
(A) No, public officers may be sued (B) No, the petition, though initiated
to restrain him from enforcing an by just one person may be ratified
act claimed to be by at least 25% of those who
unconstitutional. actually voted during the 2004 local
elections.
(B) Yes, the order was not a
proprietary act of the government. (C) Yes, the petition should be
initiated by at least 25% of the total
(C) No, only the president may raise number of registered voters who
the defense of immunity from suit. actually voted during the 2004 local
elections.
(D) Yes, Secretary Chua cannot be
sued for acts done in pursuance to (D) Yes,the petition should be
his public office. initiated by at least 25% of the
total number of registered voters
(81) Anton was the duly elected Mayor of
of Tunawi.
Tunawi in the local elections of 2004. He
got 51% of all the votes cast. Fourteen (82) Using the description of the supplier of
months later, Victoria, who also ran for shabu given by persons who had been
mayor, filed with the Local Election arrested earlier for selling it, the police
Registrar, a petition for recall against conducted a surveillance of the area
Page 162 of 168
indicated. When they saw a man who fitted (B) it is in accord with the
the description walking from the apartment prescribed manner of enforcement
to his car, they approached and frisked him as to time, place, and person.
and he did not object. The search yielded
an unlicensed gun tucked on his waist and (C) all affected parties are given the
shabu in his car. Is the search valid? chance to be heard.
(A) No, the man did not manifest (D) the interest of the general
any suspicious behavior that public, as distinguished from
would give the police sufficient those of a particular case,
reason to search him. requires such interference.
(B) Yes, the police acted on reliable (84) A judge of the Regional Trial Court
information which proved correct derives his powers and duties from
when they searched the man and

(A) statute.
his car.
(B) the President, the appointing

(C) Yes, the man should be deemed
power.
to have waived his right to challenge
the search when he failed to object
(C) Supreme Court issuances.
to the frisking.
(D) the rules of court.

(D) No, reliable information alone,
absent any proof beyond reasonable (85) When an elective official's preventive
doubt that the man was actually suspension will result in depriving his
committing an offense, will not constituents of his services or
validate the search. representation, the court may
(83) A law interfering with the rights of the (A) require the investigating body
person meets the requirements of to expedite the investigation.
substantive due process when
(B) hold in abeyance the period of
(A) the means employed is not such suspension.
against public policy.
(C) direct the holding of an election
to fill up the temporary vacancy.
Page 163 of 168
(D) shorten the period of such unconstitutional for suppressing

suspension. information of public concern?
(86) When the State requires private (A) No, because those department
cemeteries to reserve 10% of their lots for heads are his alter egos and he is
burial of the poor, it exercises its but exercising his right against self-
incrimination.
(A) eminent domain power.
(B) Yes, the President cannot control
(B) zoning power. the initiative of the department
heads to conform with the oversight
(C) police power.
function of Congress.
(D) taxing power.

(C) Yes, the President cannot
withhold consent to the initiative of
(87) In the valid exercise of management
his department heads as it will
prerogative consistent with the company's
violate the principle of check and
right to protect its economic interest, it may
balance.
prohibit its employees from
(D) No, the President has the

(A) joining rallies during their work
power to withhold consent to
shift.
appearance by his department
(B) marrying employees of heads during question hour.
competitor companies.
(89) When the President contracted a
(C) publicly converging with patrons personal loan during his incumbency, he
of competitor companies. may be sued for sum of money
(D) patronizing the product of (A) during his term of office.
competitor companies.
(B) during his tenure of office.
(88) The President issued an executive

(C) after his term of office.
order directing all department heads to
secure his consent before agreeing to
(D) after his tenure of office.
appear during question hour before
Congress on matters pertaining to their (90) The Senate Blue Ribbon Committee
departments. Is the executive order summoned X, a former department
Page 164 of 168
secretary, to shed light on his alleged illicit (A) the Secretary of Justice.
acquisition of properties claimed by the
Presidential Commission on Good (B) the Secretary of Foreign Affairs.
Government. X sought to restrain the

(C) the National Security Adviser.
Committee from proceeding with its
investigation because of a pending criminal
(D) the Solicitor General.
case against him before the Sandiganbayan
for ill-gotten wealth involving the same (93) The President issued Proclamation
properties. Decide. The investigation may 9517 declaring a state of emergency and
calling the armed forces to immediately
(A) not be restrained on ground of
carry out necessary measures to suppress
separation of powers.
terrorism and lawless violence. In the same
proclamation, he directed the government's
(B) be restrained on ground of
temporary takeover of the operations of all
prejudicial question.
privately owned communication utilities,
(C) not be restrained on ground of prescribing reasonable terms for the
presumed validity of legislative takeover. Is the takeover valid?
action.
(A) Yes, it is an implied power
(D) be restrained for being sub flowing from the President's exercise
judice. of emergency power.
(91) A government that actually exercises (B) No, it is a power reserved for
power and control as opposed to the true Congress alone.
and lawful government is in terms of

(C) Yes, subject to ratification by
legitimacy
Congress.
(A) a government of force.

(D) No, it is a power exclusively
(B) an interim government. reserved for the People's direct

action.
(C) a de facto government.
(94) A candidate for Senator must be at
(D) an illegitimate government. least 35 years old on
(92) The Special Committee on (A) the day he is duly proclaimed.

Naturalization is headed by
Page 165 of 168
(B) the day the election is held. of its holder requires the consent of
Congress.
(C) the day he files his certificate of
candidacy. (B) Yes, since the power to
appoint in the government, if not
(D) the day he takes his oath of lodged elsewhere, belongs to the
office. President as Chief Executive.
(95) The Office of the Special Prosecutor (C) Yes, since the power to fill up all
may file an information against a public government positions mentioned in
officer for graft the Constitution has been lodged in
the President.
(A) on its own initiative subject to
withdrawal of the information by the (D) No, because absent any express
Ombudsman. authority under the Constitution,
the power to appoint does not exist.
(B) independently of the
Ombudsman, except in plunder (97) The Chief Justice appointed X, the
cases. President’s sister, as Assistant Court
Administrator in the Supreme Court during
(C) only when authorized by the
the President's tenure. Claiming that the
Ombudsman.
Constitution prohibits the appointment in
government of a President’s relative, a
(D) independently of the
taxpayer asks for its nullification. Will the
Ombudsman.
challenge prosper?
(96) Since the Constitution is silent as to

(A) Yes, since the appointment
who can appoint the Chairman of the
essentially violates the law against
Commission on Human Rights, the
nepotism.
President appointed W to that position
without submitting his appointment to the
(B) Yes, because relatives of the
Commission on Appointments for
President within the fourth civil
confirmation. Is W’s appointment by the
degree cannot be appointed as
President valid?
heads of offices in any department
of government.
(A) No, since the position of
Chairman of the Commission was
created by statute, the appointment
Page 166 of 168
(C) No, X's appointment, although in (B) No, because her acts as de
the government, is not in the facto officer are void insofar as
Executive Department that the she is concerned.
President heads.
(C) Yes, public policy demands that
(D) No, the position to which X a de facto officer enjoy the same
was appointed is not among those rights of a de jure officer.
prohibited under the
Constitution. (D) A. Yes, it is but just that she be
paid for the service she rendered.
(98)May an incumbent Justice of the
Supreme Court be disbarred as a lawyer? (100) X, a Filipino and Y, an American, both
teach at the International Institute in
(A) No, it will amount to removal. Manila. The institute gave X a salary rate of
P1,000 per hour and Y, P1,250 per hour
(B) No, his membership in the bar is plus housing, transportation, shipping
secure. costs, and leave travel allowance. The
school cited the dislocation factor and
(C) Yes, by the Supreme Court itself.
limited tenure of Y to justify his high salary
rate and additional benefits. The same
(D) Yes, by Congress in joint
package was given to the other foreign
session.
teachers. The Filipino teachers assailed
(99) Mayor Lucia of Casidsid filed her such differential treatment, claiming it is
certificate of candidacy for congresswoman discriminatory and violates the equal
of the district covering Casidsid. Still, she protection clause. Decide.
continued to act as mayor of Casidsid

(A) The classification is based on
without collecting her salaries as such.
superficial differences.
When she lost the election and a new mayor
assumed office, she filed an action to collect
(B) The classification undermines
the salaries she did not get while serving as
the "Filipino First" policy.
mayor even when she ran for
congresswoman. Is her action correct? (C) The distinction is fair
considering the burden of teaching
(A) No, salaries can be waived and
abroad.
she waived them.
Page 167 of 168
(D) The distinction is substantial

and uniformly applied to each class.
References:
Answers to Bar Examination

Questions by the UP LAW COMPLEX
(2007, 2009, 2010)
PHILIPPINE ASSOCIATION OF LAW

SCHOOLS (2008)
R. Sarmiento, Bar Exam Notebooks
C.P. Sana, Suggested Answers To

2013 Political Law Bar Examination
Questions; University of Pangasinan
College of Law
lawphil.net
Page 168 of 168
2014 BAR EXAMINATIONS POLITICAL LAW Page 1 of 20
I.
With the passage of time, the members of the House of Representatives increased with the
creation of new legislative districts and the corresponding adjustments in the number of
party-list representatives. At a time when the House membership was already 290, a great
number of the members decided that it was time to propose amendments to the
Constitution. The Senators, however, were cool to the idea. But the members of the House
insisted. They accordingly convened Congress into a constituent assembly in spite of the
opposition of the majority of the members of the Senate. When the votes were counted, 275
members of the House of Representatives approved the proposed amendments. Only 10
Senators supported such proposals. The proponents now claim that the proposals were
validly made, since more than the required three-fourths vote of Congress has been
obtained. The 14 Senators who voted against the proposals claim that the proposals
needed not three-fourths vote of the entire Congress but each house. Since the required
number of votes in the Senate was not obtained, then there could be no valid proposals, so
argued the Senators. Were the proposals validly adopted by Congress? (5%)
SUGGESTED ANSWER
The proposals were not validly adopted, because the ten (10) Senators who voted in favor
of the proposed amendments constituted less than three-fourths of all the Members of the
Senate. Although Section 1, Article XVII of the Constitution did not expressly provide that
the Senate and the House of Representatives must vote separately, when the Legislature
consists of two (2) houses, the determination of one house is to be submitted to the
separate determination of the other house (Miller vs Mardo, 2 SCRA 898 (1961))
II.
Several citizens, unhappy with the proliferation of families dominating the political landscape,
decided to take matters into their own hands. They proposed to come up with a people’s
initiative defining political dynasties. They started a signature campaign for the purpose of
coming up with a petition for that purpose. Some others expressed misgivings about a people’s
initiative for the purpose of proposing amendments to the Constitution, however. They cited the
Court’s decision in Santiago v. Commission on Elections, 270 SCRA 106 (1997), as authority for
their position that there is yet no enabling law for s uch purpose. On the other hand, there are
also those who claim that the individual votes of the justices in Lambino v. Commission on
Elections, 505 SCRA 160 (2006), mean that Santiago’s pronouncement has effectively been
abandoned. If you were consulted by those behind the new attempt at a people’s initiative, how
would you advise them? (4%)
SUGGESTED ANSWER
I shall advise those starting a people’s initiative that initiative to pass a law defining political
dynasties may proceed as their proposal is to enact a law only and not to amend the
Constitution. The decision in Santiago vs COMELEC, 270 SCRA 106 (1997), which has not
been reversed, upheld the adequacy of the provisions in R.A. 6735 on initiative to enact a
law.
ALTERNATIVE ANSWER
I shall advise those starting a people’s initiative that the ruling in Santiago vs COMELEC that
there is as yet no enabling law for an initiative has not been reversed. According to Section 4 (3),
Article VIII of the Constitution, a doctrine of law laid down in a decision rendered by the
Supreme Court en banc may not be reversed except by it acting en banc. The majority
opinion in Lambino vs COMELEC (505 SCRA 160 (2006), refused to re-examine the ruling
in Santiago vs COMELEC (270 SCRA 106 (1997)), because it was not necessary for
deciding the case. The Justices who voted to reverse the ruling constituted the minority.
III.
In Serrano v. Gallant Maritime Services, Inc., 582 SCRA 254 (2009), the Supreme Court
declared as violative of the Equal Protection Clause the 5th paragraph of §10 R.A. No. 8042
(Migrant Workers and Overseas Filipinos Act of 1995) for discriminating against illegally
dismissed OFWs who still had mo re than a year to their contract compared to those who
only had less than a year remaining. The next year, Congress enacted R.A. No 10222, an
amendment to the Migrant Workers and Overseas Filipinos Act, which practically reinstated
the provision struck down in Serrano.
Seamacho, an overseas seafarer who still had two years remaining on his contract when he
was illegally terminated, and who would only be entitled to a maximum of six-month’s pay
under the reinstated provision, engages you as his counsel. How are you to argue that the
new law is invalid insofar as it brings back to the statute books a provision that has already
been struck down by the Court? (5%)
SUGGESTED ANSWER
I will argue that since Section 10 of RA No. 8042 has already been declared unconstitutional
by the Supreme Court, its nullity cannot be cured by reincorporation or reenactment of the
same or a similar law or provision. Once a law has been declared unconstitutional, it
remains unconstitutional unless circumstances have so changed as to warrant a reverse
conclusion (Sameer Overseas Placement Agency vs Cabiles, GR No. 170139, August 5,
2014)
IV.
Beauty was proclaimed as the winning candidate for the position of Representative in the
House of Representatives three (3) days after the elections in May. She then immediately
took her oath of office. However, there was a pending disqualification case against her,
which case was eventually decided by the COMELEC against her 10 days after the election.
Since she has already been proclaimed, she ignored that decision and did not bother
appealing it. The COMELEC then declared in the first week of June that its decision holding
that Beauty was not validly elected had become final. Beauty then went to the Supreme
Court questioning the jurisdiction of the COMELEC claiming that since she had already
been proclaimed and had taken her oath of office, such election body had no more right to
come up with a decision – that the jurisdiction had already been transferred to the House of
Representatives Electoral Tribunal. How defensible is the argument of Beauty? (4%)
SUGGESTED ANSWER
The House of Representatives Electoral Tribunal has acquired exclusive jurisdiction over the
case of Beauty, since she has already been proclaimed. The proclamation of the winning
candidate is the operative fact that triggers the exclusive jurisdiction of the House of
Representative Electoral Tribunal over election contests relating to the election, returns and
qualifications of the winning candidate. The proclamation divests the COMELEC of jurisdiction
over the question of disqualifications pending before it at the time of the proclamation. Any case
pertaining to questions over the qualifications of a winning candidate should be raised before the
House of Representative Electoral Tribunal (Limkaichong vs COMELEC, 583 SCRA 1 (2011));
Jalosjos, Jr. vs COMELEC, 674 SCRA 530 (2013)
V.
Greenpeas is an ideology-based political party fighting for environmental causes. It decided

to participate under the party-list system. When the election results came in, it only obtained
1.99 percent of the votes cast under the party -list system. Bluebean, a political observer,
claimed that Greenpeas is not entitled to any seat since it failed to obtain at least 2% of the
votes. Moreover, since it does not represent any of the marginalized and underrepresented
sectors of society, Greenpeas is not entitled to participate under the party-list system. How
valid are the observations of Bluebean? (4%)
SUGGESTED ANSWER
The claim of Bluebean that Greenpeas is not entitled to a seat under the party-list system
because it obtained only 1.99 percent of the votes cast under the party-list system is not
correct. Since the provision in Section 5(2), Article VI of the Constitution that the party-list
representative shall constitute twenty percent (20%) of the total number of the Members of
the House of Representatives is mandatory, after the parties receiving at least two percent
(2%) of the total votes case for the party-list system have been allocated one seat, the
remaining seats should be allocated among the parties by the proportional percentage of
the votes received by each party as against the total party-list votes (Barangay Association
for National Advancement and Transparency vs COMELEC, 586 SCRA 211 (2009).
The claim of Bluebean that Greenpeas is not entitled to participate in the party-list elections
because it does not represent any marginalized and underrepresented sectors of society is
not correct. It is enough that its principal advocacy pertains to the special interests of its
sector (Atong Panglaum vs COMELEC, 694 SCRA 477 (2013)).
VI.
A few months before the end of the present Congress, Strongwill was invited by the Senate
to shed light in an inquiry relative to the alleged siphoning and diverting of the pork barrel of
members of Congress to non-existent or fictitious projects. Strongwill has been identified in
the news as the principal actor responsible for the scandal, the leader of a non-
governmental organization which ostensibly funnelled the funds to certain local government
projects which existed only on paper. At the start of the hearings before the Senate,
Strongwill refused at once to cooperate. The Senate cited him in contempt and sent him to
jail until he would have seen the light. The Congress, thereafter, adjourned sine die
preparatory to the assumption to office of the newly-elected members. In the meantime,
Strongwill languished behind bars and the remaining senators refused to have him
released, claiming that the Senate is a continuing body and , therefore, he can be detained
indefinitely. Are the senators right? (4%)
SUGGESTED ANSWER
Yes, the Senators are right. The Senate is to be considered as a continuing body for
purposes of its exercise of its power punish for contempt. Accordingly, the continuing validity
of its orders punishing for contempt should not be affected by its sine die adjournment
(Arnault vs Nazareno, 87 Phil. 29 (1950)
ALTERNATIVE ANSWER
The Senators are right. While the Senate as an institution is continuing, in the conduct of its
day-to-day business, the Senate of each Congress acts separately from the Senate of the
Congress before it. All pending matters terminate upon expiration of each Congress (Neri vs
Senate Committee on Accountability of Public Officers and Investigation, 564 SCRA 152
(2008)
VII.
Margie has been in the judiciary for a long time, starting from the lowest court. Twenty (20)
years from her first year in the judiciary, she was nominated as a Justice in the Court of
Appeals. Margie also happens to be a first-degree cousin of the President. The Judicial and
Bar Council included her in the short-list submitted to the President whose term of office
was about to end – it was a month before the next presidential elections. Can the President
still make appointments to the judiciary during the so-called midnight appointment ban
period? Assuming that he can still make appointments, could he appoint Margie, his cousin?
(4%)
SUGGESTED ANSWER
The President can make appointments to the Supreme Court two months before a
presidential election until the end of his term but not to the rest of the Judiciary like the Court
of Appeals. Under Section 4(1), Article VIII of the Constitution, vacancies in the Supreme
Court shall be filled within ninety (90) days from the occurrence of the vacancy. Under
Section 9, Article VIII of the Constitution, vacancies in the lower courts shall be filled within
ninety (90) days from submission of the list of nominees. These appointments are screened
by the Judicial and Bar Council, and the process necessarily precludes or prevents the
President from making purely political appointments to the courts, which is what is sought to
be prevented by the prohibition (De Castro vs Judicial and Bar Council, 615 SCRA 666
(2010)).
The President may also appoint his first cousin, Margie, as Justice of the Court of Appeals.
The prohibition in Section 13, Article VII of the Constitution against appointment by the
President of relatives within the fourth degree by consanguinity or affinity does not include
appointments to the Judiciary.
ALTERNATIVE ANSWER (FOR FIRST QUESTION)
The President cannot make appointments to the Judiciary during two months before the
presidential election until the end of his term because of the ban in Section 15, Article VII of
the Constitution. Despite the constitutional mandate to fill vacancies in Judiciary within the
prescribed periods, the prohibitions against the appointments releases the President from
the obligation to appoint within them. The delay is excusable, since it will be impossible to
comply with his obligation.
VIII.
The President, concerned about persistent reports of widespread irregularities and shenanigans
related to the alleged ghost projects with which the pork barrel funds of members of Congress
had been associated, decided not to release the funds authorized under a Special
Appropriations Act for the construction of a new bridge. The Chief Executive explained that, to
pro perly conserve and preserve the limited funds of the government, as well as to avoid further
mistrust by the people, such a project – which he considered as unnecessary since there was an
old bridge near the proposed bridge which was still functional – should be scrapped. Does the
President have such authority? (4%)
SUGGESTED ANSWER
The President has the authority to withhold the release of the funds under a Special
Appropriation Act for a project which he considered unnecessary. The faithful execution of
the laws requires the President to desist from implementing a law if by doing so will
prejudice public interest. It is folly to require the President to spend the entire amounts
appropriated in the law in such a case. (Philippine Constitution Association vs. Enriquez,
235 SCRA 506 (1994))
ALTERNATIVE ANSWER
The President does not possess the authority to scrap the Special Appropriations Act for the
construction of the new bridge. His refusal to spend the funds appropriated for the purpose is
unlawful.
The President is expected to faithfully implement the purpose for which Congress
appropriated funds. Generally, he cannot replace legislative discretion with his own personal
judgment as to the wisdom of a law. (Araullo vs Aquino, GR No. 209287, July 1, 2014).
IX.
Gerrymandering refers to the practice of: (1%)
(A) creating or dividing congressional districts in a manner intended to favor a

particular party or candidate
(B) truancy as applied to Members of Congress
(C) loafing among members of Congress
(D) coming up with guessing game when it comes to legislation
(E) commandeering large chunks of the budget for favoured congressional districts
SUGGESTED ANSWER
(A) Creating or dividing congressional districts in a manner intended to favor a particular

party or candidate
X.
The void-for-vagueness doctrine is a concept which means that: (1%)
(A) if a law is vague, then it must be void
(B) any law which could not be understood by laymen is a nullity

(C) if a law is incomprehensible to ordinary people such that they do not really know
what is required or prohibited, then the law must be struck down
(D) a government regulation that lacks clear standards is nonsensical and useless
as a guide for human conduct
(E) clarity in legal language is a mandate of due process.
SUGGESTED ANSWER
(C ) if a law is incomprehensible to ordinary people such that they do not really know what is
required or prohibited, then the law must be struck down
XI.
In keeping with the modern age of instant and incessant information and transformation,
Congress passed Cybercrime Prevention Act to regulate access to and use of the amenities
of the cyberspace. While ostensibly the law is intended to protect the interests of society,
some of its provisions were also seen as impermissibly invading and impairing widely
cherished liberties of the people particularly the freedom of expression. Before the law could
even be implemented, petitions were filed in the Supreme Court questioning said provisions
by people who felt threatened, for themselves as well as for the benefit of others who may
be similarly affected but not minded enough to challenge the law. The Solicitor General
countered that there is no basis for the exercise of the power of judicial review since there
has yet been no violation of the law, and therefore, there is no actual case or controversy to
speak of, aside from the fact that the petitioners have no locus standi since they do not
claim to be in imminent danger of being prosecuted under the law. Can the Court proceed to
decide the case even if the law has not yet become effective? (4%)
SUGGESTED ANSWER
The Supreme Court can proceed to decide the case even if the law has not yet become
effective. Since the petitions filed sought to nullify the Cybercrime Prevention Act, because it
violated several provisions of the Bill of Rights, the Supreme Court became duty-bound to
settle the dispute (Tanada vs Angara, 272 SCRA 18 (1997)). Since it is alleged that the
Cybercrime Prevention Act violates various provisions of the Bill of Rights, including
freedom of speech, freedom of the press, and the right against unreasonable searches and
seizures, the issues raised are the paramount public interest, of transcendental importance
and with far-reaching constitutional implications, that justify dispensation with locus standi
and exercise of the power of judicial review by the Supreme Court (Chavez vs Gonzales,
545 SCRA 441 (2008). Jurisprudence provides that locus standi is not required when the
action was filed to prevent a chilling effect on the exercise of the right to freedom of
expression and overbreadth.
XII.
The Court had adopted the practice of announcing its decision in important, controversial or
interesting cases the moment the votes had been taken among the justices, even as the final
printed decision and separate opinions are not yet available to the public. In a greatly anticipated
decision in a case of wide-ranging ramifications, the voting was close – 8 for the majority, while 7
were for the other side. After the Court had thus voted, it issued a press release announcing the
result, with the advice that the printed copy of the decision, together with the separate opinions,
were to be issued subsequently. The following day, however, one of the members of the Court
died. The Court then announced that it would deliberate anew on the case since apparently the
one who died belonged to the majority. Citizens for Transparency, a group of civic-spirited
professionals and ordinary citizens dedicated to transparency and accountability in the
government, questioned the act of the Court. The petitioners claimed the decision had already
been validly adopted and promulgated. Therefore, it could no longer be recalled by the Court. At
the same time, the group also asked the Court to disclose to the public the original decision and
the separate opinions of the magistrates, together with what they had deliberated on just before
they came up with the press release about the 8-7 decision. (6%)
(A) Was the announced 8-7 decision already validly promulgated and thus not
subject to recall?
(B) If the decision was not yet finalized at the time when the justice died, could it still
be promulgated?
(C) If the decision was still being finalized, should the Court release to the public the
majority decision and the separate opinions as originally announced, together with
their deliberations on the issues?
SUGGESTED ANSWER
(A) The decision cannot be deemed to have been promulgated simply because of the
announcement of the voting in a press release, because the decision has not yet
been issued and filed with the Clerk of Court. Until the decision is filed with the Clerk
of Court, the Justices still have control over the decision and they can still change
their votes (Limkaichong vs COMELEC, 594 SCRA 434, (2009)).
(B) The decision can no longer be promulgated if the Justice who belonged to the
majority died, for lack of a majority vote. The vote he cast is no longer valid, as he
was no longer an incumbent member of the Supreme Court (Lao vs To-Chip, 158
SCRA 243 (1988))
ALTERNATIVE ANSWER for (B
The decision can be promulgated even if the Supreme Court en banc is equally divided, if
after the case was again deliberated upon, no majority decision was reached. If the case is
an original action, it should be dismissed. If it is an appealed case, the decision appealed
from should be affirmed if it is a civil case. If it is a criminal case, the accused should be
acquitted (Section 7, Rule 56 of the Rules of the Court; Section 3, Rule 125, Revised Rules
on Criminal Procedure).
(C) The Supreme Court should not release to the public the majority opinion and the
separate opinions, as well as its deliberations. They are part of its confidential
internal deliberations.
XIII.
Congress may increase the appellate jurisdiction of the Supreme Court: (1%)
(A) anytime it wants

(B) if requested by the Supreme Court
(C) upon recommendation of the President
(D) only with the advice and concurrence of the Supreme Court
(E) whenever it deems it appropriate, advisable or necessary
(D) only with the advice and concurrence of the Supreme Court
XIV.
The guarantee of freedom of expression signifies: (1%)
(A) absolute freedom to express oneself
(B) freedom from prior restraint
(C) right to freely speak on anything without limitations
(D) the right of the government to regulate speech
(E) the right of broadcast stations to air any program
(B) freedom from prior restraint

XV.
Allmighty Apostles is a relatively new religious group and movement with fast-growing
membership. One time, DeepThroat, an investigative reporter, made a research and study
as to what the group’s leader, Maskeraid was actually doing. DeepThroat eventually came
up with the conclusion that Maskeraid was a phony who is just fooling the simple-minded
people to part with their money in exchange for the promise of eternal happiness in some
far -away heaven. This was published in a newspaper which caused much agitation among
the followers of Maskeraid. Some threatened violence against DeepThroat, while some
others already started destroying properties while hurting those selling the newspaper. The
local authorities, afraid of the public disorder that such followers might do, decided to ban
the distribution of the newspaper containing the article. DeepThroat went to court
complaining about the prohibition placed on the dissemination of his article. He claims that
the act of the authorities partakes of the nature of heckler’s veto, thus a violation of the
guaranty of press freedom. On th e other hand, the authorities counter that the act was
necessary to protect the public order and the greater interest of the community. If you were
the judge, how would you resolve the issue? (4%)
SUGGESTED ANSWER
If I were the judge, I would rule that the distribution of the newspaper cannot be banned.
Freedom of the news should be allowed although it induces a condition of unrest and stirs
people to anger. Freedom of the press include freedom of circulation (Chavez vs Gonzales,
545 SCRA 441 (2008))
When governmental action that restricts freedom of the press is based on content, it is given
the strictest scrutiny and the government must show that there is a clear and present
danger as to warrant curtailment of the right of Deep Throat to distribute the newspaper
(Chavez vs Gonzales, 545 SCRA 441(2008))
ALTERNATIVE ANSWER
The action of the government is justified.
The fact that some people had already started destroying properties while hurting those
selling the newspaper can be validly considered by the government as a clear and present
danger, which will justify its banning of the further distribution of the newspaper containing
the article. The test for limitations on freedom of expression continues to be the clear and
present danger rule-that words are used in such circumstances and are of such a nature as
to create a clear and present danger that they will bring about the substantive evils that the
lawmaker has a right to prevent (Chavez vs Gonzales, 545 SCRA 441 (2008))
XVI.
The overbreadth doctrine posits that the government: (1%)
(A) must know the extent of its power
(B) when it exercises too much power it is like someone with bad breath – it is not
healthy to society
(C) can enact laws which can reach outside its borders, like long -arm statues
(D) the government is prohibited in banning unprotected speech if a substantial

amount of protected speech is restrained or chilled in the process
(D) the government is prohibited in banning unprotected speech if a substantial amount of

protected speech is restrained or chilled in the process.
XVII.
Towards the end of the year, the Commission on Audit (COA) sought the remainder of its
appropriation from the Department of Budge t and Management (DBM). However, the DBM
refused because the COA had not yet submitted a report on the expenditures relative to the
earlier amount released to it. And, pursuant to the "no report, no release" policy of the DBM,
COA is not entitled to any further releases in the meantime. COA counters that such a policy
contravenes the guaranty of fiscal autonomy granted by the Constitution. Is COA entitled to
receive the rest of its appropriations even without complying with the DBM policy? (4%)
SUGGESTED ANSWER
The Commission on Audit is entitled to receive the rest of its appropriations even without
complying with the policy of the Department of Budget and Management. Section 5, Article
IX-A of the Constitution provides that its approved annual appropriation shall be
automatically and regular released. The Secretary of Budget and Management cannot make
the release of the appropriations subject to the submissions of reports (Civil Service
Commission vs Department of Budget and Management, 464 SCRA 115 (2005))
XVIII.
The National Building Code and its implementing rules provide, inter alia, that operators of
shopping centers and malls should provide parking and loading spaces, in accordance with
a prescribed ratio. The Solicitor General, heeding the call of the public for the provision of
free parking spaces in malls, filed a case to compel said business concerns to discontinue
their practice of collecting parking fees. The mall owners and operators oppose, saying that
this is an invalid taking of their property, thus a violation of due process. The Solicitor
General justifies it, however, claiming that it is a valid exercise of police power. Could the
mall owners and operators be validly compelled to provide free parking to their customers?
(4%)
SUGGESTED ANSWER
No, the mall owners and operators cannot be validly compelled to provide free parking to
their customers, because requiring them to provide free parking space to their customers is
beyond the scope of police powers. It unreasonably restricts the right to use property for
business purposes and amounts to confiscation of property (Office of the Solicitor General
vs Ayala Land, Inc. 600 SCRA 617 (2009))
XIX.
Surveys Galore is an outfit involved in conducting nationwide surveys. In one such survey, it
asked the people about the degree of trust and confidence they had in several institutions of
the government. When the results came in, the judiciary was shown to be less trusted than
most of the government offices. The results were then published by the mass media.
Assension, a trial court judge, felt particularly offended by the news. He then issued a show-
cause order against Surveys Galore directing the survey entity to explain why it should not
be cited in contempt for coming up with such a survey and publishing the results which were
so unflattering and degrading to the dignity of the judiciary. Surveys Galore immediately
assailed the show-cause order of Judge Assension, arguing that it is violative of the
constitutional guaranty of freedom of expression. Is Surveys Galore’s petition meritorious?
(4%)
SUGGESTED ANSWER
The petition of Surveys Galore is meritorious. Freedom of speech and freedom of the press may
be identified with the liberty to discuss publicly and truthfully any matter of public interest without
censorship and punishment. There should be no previous restraint on the communication of
views or subsequent liability whether in libel suits, prosecution for sedition, or action for
damages, or contempt proceedings unless there is a clear and present danger of substantive
evil that Congress has a right to prevent (Chavez vs Gonzales, 545 SCRA 441 (2008)). Freedom
of speech should not be impaired through the exercise of the power to punish for contempt of
court unless the statement in question is a serious and imminent threat to the administration of
justice. Here, the publication of the result of the survey was not intended to degrade the
Judiciary (Cabansag vs Fernandez, 102 Phil. 152 (2012))
XX.
Under the so-called doctrine of qualified political agency, (1%)
(A) civil servants must first qualify before they could be appointed to office
(B) all employees in the government are merely agents of the people
(C) the acts of subordinates presumptively of those of the heads of offices disapproves
them
(D) members of the Cabinet must have the absolute trust and confidence of the
President
(C) the acts of subordinates presumptively of those of the heads of offices disapproves them
XXI.
Constituent power refers to the authority (1%)
(A) of public officials to command respect
(B) given to Congress to enact police power measures
(C) to propose constitutional amendments or revisions
(D) of the people to take back the power entrusted to those in government
(E) of the President to call out the armed forces to suppress lawless violence
(C) to propose constitutional amendments or revisions

XXII.
The National Power and Grid Corporation (NPGC), a government entity involved in power
generation distribution, had its transmissi on lines traverse some fields belonging to
Farmerjoe. NPGC did so without instituting any expropriation proceedings. Farmerjoe, not
knowing any better, did not immediately press his claim for payment until after ten years
later when a son of his took up Law and told him that he had a right to claim compensation.
That was then the only time that Farmerjoe earnestly demanded payment. When the NPGC
ignored him, he instituted a case for payment of just compensation. In defense, NPGC
pointed out that the claim had already prescribed since under its Charter it is clearly
provided that "actions for damages must be filed within five years after the rights of way,
transmission lines, substations, plants or other facilities shall have been established and
that after said period, no suit shall be brought to question the said rights of way,
transmission lines, substations, plants or other facilities." If you were the lawyer of
Farmerjoe, how would you protect and vindicate the rights of your client? (4%)
SUGGESTED ANSWER
Farmerjoe’s demand for payment is justified and cannot be considered as prescribed. His
demand for payment is an action for the payment of just compensation and not an action for
damages as provided in the Charter of the National Power and Grid Corporation. It partakes
of the nature of a reverse eminent domain proceeding (or inverse condemnation
proceeding) wherein claims for just compensation for property taken can be made and pursued
(National Power Corporation vs Vda. De Capin, 569 SCRA 648 (2008); National Power
Corporation vs Heirs of Sangkay, 656 SCRA 60 (2011)
ALTERNATIVE ANSWER
I will claim that since National Power and Grid Corporation took the property traversing the
fields of Farmerjoe without first acquiring title through expropriation or negotiated sale, his
action to recover just compensation is imprescriptible (Republic vs Court of Appeals, 454
SCRA 510 (2005))
XXIII.
The police got a report about a shooting incident during a town fiesta. One person was
killed. The police immediately went to the scene and started asking the people about what
they witnessed. In due time, they were pointed to Edward Gunman, a security guard, as the
possible malefactor. Edward was then having refreshment in one of the eateries when the
police approached him. They asked him if he had a gun to which question he answered yes.
Then they asked if he had seen anybody shot in the vicinity just a few minutes earlier and
this time he said he did not know about it. After a few more questions, one of the policemen
asked Edward if he was the shooter. He said no, but then the policeman who asked him told
him that several witnesses pointed to hi m as the shooter. Whereupon Edward broke down
and started explaining that it was a matter of self-defense. Edwardwas eventually charged
with murder. During his trial, the statements he made to the police were introduced as
evidence against him. He obj ected claiming that they were inadmissible since he was not
given his Miranda rights. On the other hand, the prosecution countered that there was no
need for such rights to be given since he was not yet arrested at the time of the questioning.
If you were the judge, how would you rule on the issue? (4%)
SUGGESTED ANSWER
If I were the judge, I would rule that the confession is inadmissible. First, the rights under
investigation in Section 12, Article III of the Constitution are applicable to any person under
investigation for the commission of an offense. The investigation began when a policeman
told Edward that several witnesses pointed to him as the shooter, because it started to focus
on him as a suspect (People vs Bariquit, 341 SCRA 600 (2000). Second, under Section 2 of
RA 7438, for a confession to be admissible, it must be in writing (People vs Labtan, 320
SCRA 140 (1999))
XXIV.
Alienmae is a foreign tourist. She was asked certain questions in regard to a complaint that
was filed against her by someone who claimed to have been defrauded by her. Alienmae
answered all the questions asked, except in regard to some matters in which she invoked
her right against self-incrimination. When she was pressed to elucidate, she said that the
questions being asked might tend to elicit incriminating answers insofar as her home state is
concerned. Could Alienmae invoke the right against self-incrimination if the fear of
incrimination is in regard to her foreign law? (4%)
SUGGESTED ANSWER
Alienmäe can invoke her right against self-incrimination even if it is in regard to her foreign
law, if her home is a party to the International Covenant on Civil and Political Rights. Article
14(3)(g) of the said Covenant provides: “ In the determination of any criminal charge against
him, everyone shall be entitled to the following minimum guarantees, in full equality:
(g) Not to be compelled to testify against himself or to confess guilt.

XXV.
Rosebud is a natural-born Filipino woman who got married to Rockcold, a citizen of State
Frozen. By virtue of the laws of Frozen, any person who marries its citizens would automatically
be deemed its own 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
disqualification, however, claiming that she is no longer a natural-born citizen. In any event, she
could not seek elective position since she never renounced her foreign citizenship pursuant to
the Citizenship Retention and Reacquisition Act (R.A. No. 9225). Is Rosebud disqualified to run
by reason of citizenship? (4%)
SUGGESTED ANSWER
Rosebud remained a natural born Filipino citizen even if under the laws of the Frozen, she
became a citizen of it because of her marriage to Rockcold. Under Section 4, Article IV of
the Constitution, she retained her Philippine citizenship.
Rosebud cannot seek elective office. Under Section 5(2) of RA No. 9225, even those who
retained their Philippine citizenship by birth and acquired foreign citizenship by virtue of
marriage to a foreign spouse are required to renounce their foreign citizenship (Sobejana-
Condon vs COMELEC 678 SCRA 267 (2012))
ALTERNATIVE ANSWER
No, Rosebud is not disqualified.
She became a dual citizen, not on the basis of the provisions of RA No. 9225, but by reason
of the automatic operation of the citizenship laws of State Frozen, of which her husband
Rockcold, was a citizen. The requirement regarding the renunciation of her foreign
citizenship under that law cannot therefore be made to apply to her.
It does not appear that she ever renounced her natural-born Filipino citizenship upon her
marriage to Rockcold. Accordingly, she cannot be considered as ever having lost it. She is
therefore not disqualified to run for Congress by reason of citizenship.
XXVI.
The one-year-bar rule in impeachment proceedings is to be reckoned from the time the (1%)
(A) first impeachment complaint is filed
(B) impeachment complaint is referred to the Committee on Justice
(C) House of Representatives vote on the impeachment complaint

(D) House of Representatives endorses the Articles of Impeachment to the Senate
(B) impeachment complaint is referred to the Committee on Justice.
XXVII.
Congress enacted a law exempting certain government institutions providing social services
from the payment of court fees. Atty. Kristopher Timoteo challenged the constitutionality of
the said law on the ground that only the Supreme Court has the power to fix and exempt
said entities from the payment of court fees.
Congress, on the other hand, argues that the law is constitutional as it has the power to
enact said law for it was through legislative fiat that the Judiciary Development Fund (JDF)
and the Special Allowance for Judges and Justices (SAJJ), the funding of which are sourced
from the fees collected by the courts, were created. Thus, Congress further argues that if it
can enact a law utilizing court fees to fund the JDF and SAJJ, a fortiori it can enact a law
exempting the payment of court fees.
Discuss the constitutionality of the said law, taking into account the arguments of both
parties? (4%)
SUGGESTED ANSWER
The law is unconstitutional. The Constitution has taken away the power of Congress to
repeal, alter or supplement the Rules of Court. The fiscal autonomy guaranteed the
Judiciary by Section 3, Article VIII of the Constitution recognized the authority of the
Supreme Court to levy, assess and collect fees. Congress cannot amend the rules
promulgated by the Supreme Court for the payment of legal fees by granting exemptions (In
re Petition for Recognition of Exemption of the GSIS from Payment of Legal Fees, 612
SCRA 193 (2010); In re Exemption of NAPOCOR from Payment of Filing/Docket Fees, 615
SCRA 1 (2010); In re Exemption from Payment of Court and Sheriff’s Fees of Duly
Registered Cooperatives, 668 SCRA 1 (2012))
XXVIII.
From an existing province, Wideland, Congress created a new province, Hundred Isles,
consisting of several islands, with an aggregate area of 500 square kilometres. The law
creating Hundred Isles was duly approved in a plebiscite called for that purpose. Juan, a
taxpayer and a resident of Wideland, assailed the creation of Hundred Isles claiming that it
did not comply with the area requirement as set out in the Local Government Code, i.e., an
area of at least 2,000 square kilometres. The proponents justified the creation, however,
pointing out that the Rules and Regulations Implementing the Local Government Code
states that "the land area requirement shall not apply where the pr oposed province is
composed of one (1) or more islands." Accordingly, since the new province consists of
several islands, the area requirement need not be satisfied. How tenable is the position of
the proponents? (4%)
SUGGESTED ANSWER
The position of the proponents is tenable. The Supreme Court has clarified that, when a province
is composed of one or more islands, its creation need not comply with the 2,000 square
kilometer contiguous territory requirement under the provisions of the Local Government Code.
Article 9 (2) of the Implementing Rules and Regulations of the Local Government Code provided
the exemption. Sections 442 and 450 of the Local Government Code exempted municipalities
and component cities from the area requirement if they consist of one or more islands. While
there is no similar provisions for provinces, there is no reason why the exemption should not
apply to them. There is a greater likelihood that an island or group of island will form part of
the area of a province (Navarro vs Ermita. 648 SCRA 400 (2011))
XXIX.
Ambassador Gaylor is State Juvenus’ diplomatic representative to State Hinterlands. During

one of his vacations, Ambassador Gaylor decided to experience for himself the sights and
sounds of State Paradise, a country known for its beauty and other attractions. While in
State Paradise, Ambassador Gaylor was caught in the company of children under
suspicious circumstances. He was arrested for violation of the strict anti-pedophilia statute
of State Paradise. He claims that he is immune from arrest and incarceration by virtue of his
diplomatic immunity. Does the claim of Ambassador Gaylor hold water? (4%)
SUGGESTED ANSWER
Ambassador Gaylor cannot invoke his diplomatic immunity. In accordance with Paragraph 1,
Article 31 of the Vienna Convention of Diplomatic Relations, since State Paradise is not his
receiving state, he does not enjoy diplomatic immunity within its territory. Under Paragraph 1,
Article 40 of the Vienna Convention of Diplomatic Relations, he cannot be accorded diplomatic
immunity in State Paradise, because he is not passing through it take up or return to his post or
to return to State Juvenus.
XXX.
Congress passed a law, R.A. No. 15005, creating an administrative Board principally tasked
with the supervision and regulation of legal education. The Board was attached to the
Department of Education. It was empowered, among others, to prescribe minimum
standards for law admission and minimum qualifications of faculty members, the basic
curricula for the course of study aligned to the requirements for admission to the Bar, law
practice and social consciousness, as well as to establish a law practice internship as a
requirement for taking the Bar which a law student shall undergo anytime during the law
course, and to adopt a system of continuing legal education. Professor Boombastick, a
long-time law practitioner and lecturer in several prestigious law schools, assails the
constitutionality of the law arguing; that it encroached on the prerogatives of the Supreme
Court to promulgate rules relative to admission to the pra ctice of law, the Integrated Bar,
and legal assistance to the underprivileged. If you were Professor Boombastick’s
understudy, how may you help him develop clear, concise and cogent arguments in support
of his position based on the present Constitution and the decisions of the Supreme Court on
judicial independence and fiscal autonomy? (4%)
SUGGESTED ANSWER
The statutory authority granted to the administrative Board to promulgate rule and
regulations cannot encroach upon the exclusive authority of the Supreme Court to regulate
the admission to the practice of law (Section 5(5), Article VIII of the Constitution).
Thus, the Administrative Board cannot prescribe additional standards for admission to the
practice of law, adopt a course of study which is inconsistent with the requirements of the
Supreme Court, and impose additional requirements to take the bar examinations
(Philippine Lawyers’s Association vs Agrava, 105 Phil 173 (1959)). Since Congress has no
power to repeal, alter or supplement the Rules of Court, it cannot delegate such power to
the Administrative Board.
2015
Bar Questions and Suggested Answers
Political Law
I. The Philippines and the Republic of Kroi Sha established

diplomatic relations and immediately their respective
Presidents signed the following: (1) Executive Agreement
allowing the Republic of Kroi Sha to establish its embassy
and consular offices within Metro Manila; and (2)
Executive Agreement allowing the Republic of Kroi Sha to
bring to the Philippines its military complement, warships,
and armaments from time to time for a period not
exceeding one month for the purpose of training exercises
with the Philippine military forces and exempting from
Philippine criminal jurisdiction acts committed in the line
of duty by foreign military personnel, and from paying
custom duties on all the goods brought by said foreign
forces into Philippine territory in connection with the
holding of the activities authorized under the said
Executive Agreement.
Senator Maagap questioned the constitutionality of the
said Executive Agreements and demanded that the
Executive Agreements be submitted to the Senate for
ratification pursuant to the Philippine Constitution. Is
Senator Maagap correct? Explain. (4%)
SUGGESTED ANSWER: Senator Maagap is correct in so far as the second

Executive Agreement is concerned. The first Executive Agreement is in such a
nature that such need not be concurred in by the Senate. In Bayan Muna v. Romulo,
the right of the Executive to enter into binding agreements without the necessity of
subsequent congressional approval has been confirmed by long usage. From the
earliest days of our history, we have entered executive agreements covering such
subjects as commercial and consular relations, most favored nation rights, patent
rights trademark and copyright protection, postal and navigation arrangements and
the settlement of claims. However, for the second Executive Agreement which is in
the nature of an International agreements involving political issues or changes on
national policy and those involving international arrangements of a permanent
character, is deemed as a treaty (Commissioner of Customs v. Eastern Sea Trading),
in which case must be concurred in by the Senate (Section 21, Article VI, 1987
Constitution). Hence Senator Maagap is only correct as regards the second
Executive Agreement which must be submitted for the concurrence of the Senate.
II. (1) A bill was introduced in the House of Representatives

in order to implement faithfully the provisions of the
United Nations Convention on the Law of the Sea
(UNCLOS) to which the Philippines is a signatory.
Congressman Pat Rio Tek questioned the constitutionality
of the bill on the ground that the provisions of UNCLOS are
violative of the provisions of the Constitution defining the
Philippine internal waters and territorial sea. Do you agree
or not with the said objection? Explain. (3%)
SUGGESTED ANSWER: No, the objection is not tenable. UNCLOS has nothing to
do with the redefinition of our territory. It merely regulates sea-use rights over
maritime zones, contiguous zones, exclusive economic zones, and continental shelves
which it delimits. Whether the bodies of water lying landward of the baselines of the
Philippines are internal waters or archipelagic waters, the Philippines retains
jurisdiction over them (Magallona v. Ermita, GR No. 187167, July 16, 2011, 655
SCRA 476).
(2) Describe the following maritime regimes under UNCLOS
(4%)
(a) Territorial sea 
(b) Contiguous zone 
(c) Exclusive economic zone
(d) Continental shelf
SUGGESTED ANSWER:
(a) Territorial sea – is the belt of waters adjacent to the coasts of the State,
excluding internal waters in bays and gulfs, over which the state claims
sovereignty and jurisdiction and which is 12 nautical miles from the baseline.
(b) Contiguous zone – is that belt of waters measured 24 nautical miles from the
same baseline used to measure the breadth of the territorial sea. In this zone,
the coastal state may exercise the control necessary to
i) Prevent infringement of its customs, fiscal, immigration or sanitary
laws and regulations within its territory or territorial sea.
ii) Punish infringement of the above laws and regulations committed
within its territory or territorial sea (Article 53, UNCLOS)
(c) Exclusive Economic Zone is an area beyond and adjacent to the territorial
sea, over which a state has special rights over the exploration and utilization
of marine resources. It shall not extend beyond 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured. In case of
archipelagic states, its breadth shall be measured from the archipelagic
baseline (Article 57, 58, 48, UNCLOS)
(d) Continental shelf - The continental shelf of a coastal State comprises the
seabed and subsoil of the submarine areas that extend beyond its territorial
sea throughout the natural prolongation of its land territory to the outer edge
of the continental margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured where the
outer edge of the continental margin does not extend up to that distance
(Article 76, UNCLOS).
III.Professor Masipag who holds a plantilla or regular item in
the University of the Philippines (UP) is appointed as an
Executive Assistant in the Court of Appeals (CA). The
professor is considered only on leave of absence in UP
while he reports for work at the CA which shall pay him
the salary of the Executive Assistant. The appointment to
the CA position was questioned, but Professor Masipag
countered that he will not collect the salary for both
positions; hence, he can not be accused of receiving
double compensation. Is the argument of the professor
valid? Explain. (4%)
SUGGESTED ANSWER: No, the argument is not valid. The prohibition of dual
employment does not apply to Professor Masipag because Section 5 [c], Canon III of
the Code of Conduct for Court Personnel allows court personnel to acquire outside
employment provided, among others, that the outside employment does not require
the practice of law; and provided, however, that court personnel may render
services as professor, lecturer, or resource person in law schools, review or
continuing education centers or similar institutions. Dual employment applies to
appointive officials who are not allowed to hold any other office or employment in
the Government or any subdivision, agency or instrumentality thereof, including
government-owned corporation or their subsidiaries, unless otherwise allowed by
law or the primary functions of his position (Article IX B Section 7 of the 1987
Constitution; Sections 1 and 2, Rule XVIII of the Omnibus Rules Implementing
Book V of E.O. No. 292).
IV.When is a facial challenge to the constitutionality of a law
on the ground of violation of the Bill of Rights traditionally
allowed? Explain your answer. (3%)
SUGGESTED ANSWER: Facial challenge to the constitutionality of a law is

traditionally allowed when it operates in the area of freedom of expression. The
established rule is that a party can question the validity of a statute only if, as
applied to him, it is unconstitutional. The exception is the so-called “Facial
challenge". But the only time a facial challenge to a statute is allowed is when it
operates in the area of freedom of expression. ln such instance, the "overbreadth
doctrine" permits a party to challenge the validity of a statute even though, as
applied to him, it is not unconstitutional, but it might be if applied to others not
before the Court whose activities are constitutionally protected. lnvalidation of the
statute "on its face", rather than "as applied", is permitted in the interest of
preventing a "chilling effect" on freedom of expression (Justice Mendoza's
concurring opinion in Cruz v. DENR, G.R. No. 135385, December 06, 20001). A
facial challenge to a legislative act is the most difficult challenge to mount
successfully since the challenge must establish that no set of circumstances exists
under which the act would be valid (Estrada v. Sandiganbayan, G.R. No. 148560,
November 19,20011).
V. BD Telecommunications, Inc. (BDTI), a Filipino-owned
corporation, sold its 1,000 common shares of stock in the
Philippine Telecommunications Company (PTC), a public
utility, to Australian Telecommunications (AT), another
stockholder of the PTC which also owns 1,000 common
shares. A Filipino stockholder of PTC questions the sale on
the ground that it will increase the common shares of AT,
a foreign company, to more than 40% of the capital
(stock) of PTC in violation of the 40% limitation of foreign
ownership of a public utility. A T argues that the sale does
not violate the 60-40 ownership requirement in favor of
Filipino citizens decreed in Section II, Article XII of the
1987 Constitution because Filipinos still own 70% of the
capital of the PTC. AT points to the fact that it owns only
2,000 common voting shares and 1,000 non-voting
preferred shares while Filipino stockholders own 1,000
common shares and 6,000 preferred shares, therefore,
Filipino stockholders still own a majority of the
outstanding capital stock of the corporation, and both
classes of shares have a par value of Php 20.00 per share.
Decide. (5%)
SUGGESTED ANSWER: AT’s contention does not hold water. The determination
of the percentage of Filipino ownership in a corporation is no longer primarily
based on the number of apparent shares of a stockholder, nor to the class of stock a
shareholder holds. In the latest ruling of the Supreme Court in Narra Nickel Mining
v. Redmont Consolidated Mines (G.R. No. 195580 January 28, 2015), the
computation of the total percentage of the Filipino ownership in a corporation is
applied to BOTH (a) the total outstanding shares of stock entitled to vote in the
election of directors; AND (b) the total number of outstanding shares of stock,
whether or not entitled to vote in the election of directors. In Narra v. Redmont,
foreign corporations have resorted to elaborate corporate layering as to make it
appear that there is compliance with the minimum Filipino ownership in the
Constitution. The corporate layering employed by certain foreign corporation was
evidently designed to circumvent the constitutional caveat allowing only Filipino
citizens and corporations 60%-owned by Filipino citizens to explore, develop, and
use the country’s natural resources. The application of the Control Test and the
Grandfather Rule must be applied where doubts or various indicia that the
"beneficial ownership" and "control" of the corporation do not in fact reside in
Filipino shareholders but in foreign stakeholders. Hence, AT cannot claim that PTC
is Filipino-owned based only on the apparent number of stocks belonging to
Filipinos.
VI.(1) Distinguish the President's authority to declare a state

of rebellion from the authority to proclaim a state of
national emergency. (2%)
SUGGESTED ANSWER:
(1) The authority to declare a state of rebellion emanates from the President’s
powers as Chief Executive (Sec. 4, Chapter 2, Book II, Administrative Code of
1997). Its declaration is deemed harmless and without legal significance (Canlakas v.
Executive Secretary). In declaring a state of national emergency in PP1017,
President Arroyo did not only rely on Sec. 18, Art. VII of the Constitution, but also
on Sec. 17, Article Xll of the Constitution, calling for the exercise of awesome powers
which cannot be deemed as harmless or without legal significance [David v.
Macapagal -Arroyo, supra].
(2) What are the limitations, if any, to the pardoning power of

the President? (3%)
SUGGESTED ANSWER: The limitations to the pardoning power of the President

are that, it:
i. Cannot be granted in cases of impeachment (Sec. 19, Art. VII)
ii. Cannot be granted in cases of violation of election laws without the favorable
recommendation of the Commission on Elections [Sec. 5, Art. IX-C].
iii. Can be granted only after conviction by final judgment
iv. Cannot be granted in cases of legislative contempt (as it would violate
separation of powers), or civil contempt (as the State is without interest in the
same)
v. Cannot absolve the convict of civil liability.
vi. Cannot restore public offices forfeited [Monsanto v. Factoran, supra].
VII.Senator Fleur De Lis is charged with plunder before the

Sandiganbayan. After finding the existence of probable
cause, the court issues a warrant for the Senator's arrest.
The prosecution files a motion to suspend the Senator
relying on Section 5 of the Plunder Law. According to the
prosecution, the suspension should last until the
termination of the case. Senator Lis vigorously opposes
the motion contending that only the Senate can discipline
its members; and that to allow his suspension by the Court
would violate the principle of separation of powers. Is
Senator Lis' contention tenable? Explain. (4%)
SUGGESTED ANSWER: No, Senator Lis’, contention is not tenable. The

suspension contemplated in the Constitution to discipline Member of the Senate is
not the suspension contemplated under the Sec. 5 of the Plunder Law. The latter is
not a penalty but a preliminary preventive measure and is not imposed upon the
petitioner for misbehavior as a member of Congress. In a synonymous case (Miriam
Defensor-Santiago v. Sandiganbayan, G.R. No. 128055, April 18,2001) it appears to
be a ministerial duty of the court to issue the order of suspension upon a
determination of the validity of the criminal information filed before it. The order
of suspension provided in RA 3019 is distinct from the power of Congress to
discipline its own ranks. Neither does the order of suspension encroach upon the
power of Congress. The doctrine of separation of powers, by itself, is not deemed to
have effectively excluded the members of Congress from RA 3019.
VIII.A law provides that the Secretaries of the Departments
of Finance and Trade and Industry, the Governor of the
Central Bank, the Director General of the National
Economic Development Authority, and the Chairperson of
the Philippine Overseas Construction Board shall sit as ex-
officio members of the Board of Directors (BOD) of a
government owned and controlled corporation (GOCC).
The other four (4) members shall come from the private
sector. The BOD issues a resolution to implement a new
organizational structure, staffing pattern, a position
classification system, and a new set of qualification
standards. After the implementation of the Resolution,
Atty. Dipasupil questioned the legality of the Resolution
alleging that the BOD has no authority to do so. The BOD
claims otherwise arguing that the doctrine of qualified
political agency applies to the case. It contends that since
its agency is attached to the Department of Finance,
whose head, the Secretary of Finance, is an alter ego of
the President, the BOD's acts were also the acts of the
President. Is the invocation of the doctrine by the BOD
proper? Explain. (4 %)
SUGGESTED ANSWER: The contention of the BOD is proper. Under the doctrine
of qualified political agency or alter ego principle, all executive and administrative
organizations are adjuncts of the Executive Department, the heads of the various
executive, and, except in cases where the Chief Executive is required by the
Constitution 0r law t0 act in person or the exigencies of the situation demand that he
acts personally, the multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive departments, and the acts of
the Secretaries of Executive departments when performed and promulgated in the
regular course of business or unless disapproved or reprobated by the Chief
Executive, are presumptively the acts of the Chief Executive (Villena v. Secretary of
the lnterior, No. 46574, April 21, 1939).
Under our governmental set-up, corporations owned or controlled by the
government… partake of the nature of government bureaus or offices, which are
administratively supervised by (one) “whose compensation and rank shall be that of
a head of an Executive Department” and who “shall be responsible to the President
of the Philippines under whose control his functions ... shall be
exercised.” (Executive Order No. 386 of December 22, 1950, section 1, issued under
the Reorganization Act of 1950). (in Namarco v. Arca, 29 SCRA 648). Through the
Secretary of Finance, any act of the BOD shall be subject to the constitutional power
of control by the President over all executive departments, bureaus and offices.
IX.Several senior officers of the Armed Forces of the

Philippines received invitations from the Chairperson of
the Senate Committees on National Defense and Security
for them to appear as resource persons in scheduled
public hearings regarding a wide range of subjects. The
invitations state that these public hearings were triggered
by the privilege speeches of the Senators that there was
massive electoral fraud during the last national elections.
The invitees Brigadier General Matapang and Lieutenant
Coronel Makatuwiran, who were among those tasked to
maintain peace and order during the last election, refused
to attend because of an Executive Order banning all public
officials enumerated in paragraph 3 thereof from
appearing before either house of Congress without prior
approval of the President to ensure adherence to the rule
of executive privilege. Among those included in the
enumeration are "senior officials of executive departments
who, in the judgment of the department heads, are
covered by executive privilege." Several individuals and
groups challenge the constitutionality of the subject
executive order because it frustrates the power of the
Congress to conduct inquiries in aid of legislation under
Section 21, Article VI of the 1987 Constitution. Decide the
case. (5%)
SUGGESTED ANSWER: The subject executive order is unconstitutional. The
Court in Senate v. Ermita (GR No. 169777) declared that the executive privilege is
the power of the government to withhold information from the public, the courts,
and the Congress. But this is recognized only for certain types of information of a
sensitive character. When Congress exercises its power of inquiry, the only way for
department heads to exempt themselves therefrom is by a valid claim of privilege.
They are not exempt by the mere fact that they are department heads. Only one
official may be exempted from this power -- the President.
Under the Constitution, there are two different functions of the Legislature: The
power to conduct inquiries in aid of legislation and the power to conduct inquiry
during question hour. The objective of conducting a question hour is to obtain
information in pursuit of Congress’ oversight function. When Congress merely seeks
to be informed on how department heads are implementing the statutes which it had
issued, the department heads’ appearance is merely requested. The power of
inquiry in aid of legislation is inherent in the power to legislate. A legislative body
cannot legislate wisely or effectively in the absence of information respecting the
conditions which the legislation is intended to affect or change. And where the
legislative body does not itself possess the requisite information, recourse must be
had to others who do possess it. The executive privilege is the exception under this
type of inquiry.
When an official is being summoned by Congress on a matter which, in his own

judgment, might be covered by executive privilege, he must be afforded reasonable
time to inform the President or the Executive Secretary of the possible need for
invoking the privilege. This is necessary to provide the President or the Executive
Secretary with fair opportunity to consider whether the matter indeed calls for a
claim of executive privilege. If, after the lapse of that reasonable time, neither the
President nor the Executive Secretary invokes the privilege, Congress is no longer
bound to respect the failure of the official to appear before Congress and may then
opt to avail of the necessary legal means to compel his appearance. (Senate v.
Ermita)
X. The Secretary of the Department of Environment and
Natural Resources (DENR) issued Memorandum Circular
No. 123-15 prescribing the administrative requirements
for the conversion of a timber license agreement (TLA)
into an Integrated Forestry Management Agreement
(IFMA). ABC Corporation, a holder of a TLA which is about
to expire, claims that the conditions for conversion
imposed by the said circular are unreasonable and
arbitrary and a patent nullity because it violates the non-
impairment clause under the Bill of Rights of the 1987
Constitution.
ABC Corporation goes to court seeking the nullification of
the subject circular. The DENR moves to dismiss the case
on the ground that ABC Corporation has failed to exhaust
administrative remedies which is fatal to its cause of
action. If you were the judge, will you grant the motion?
Explain. (4%)
SUGGESTED ANSWER: The motion by the DENR to dismiss the case for ABC’s
failure to exhaust administrative remedies should be set aside. The rule on
exhaustion of administrative remedies applies only to decisions of administrative
agencies made in the exercise of their quasi-judicial powers [Association of
Philippine Coconut Desiccators v. Philippine Coconut Authority, G.R. No. 110526,
February 10, 1 9981. Thus, where what is assailed is the validity or constitutionality
of a rule or regulation issued by the administrative agency in the performance of its
quasi-legislative function, the regular courts have jurisdiction to pass upon the same
(Smart communications v. National telecommunications commission, G.R. No.
151908, August 12, 2003).
XI.(1) What is the concept of expanded judicial review under
the 1987 Constitution? (3%)
SUGGESTED ANSWER: The 1987 Constitution has narrowed the reach of the
political question doctrine when it expanded the power of judicial review of this
court not only to settle actual controversies involving rights which are legally
demandable and enforceable but also to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of government. Heretofore, the judiciary has focused
on the "thou shalt not's" of the Constitution directed against the exercise of its
jurisdiction. With the new provision, however, courts are given a greater prerogative
to determine what it can do to prevent grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of government.
Clearly, the new provision did not just grant the Court power of doing nothing.
(Belgica v. Ochoa, G.R. No. 208566 November 19, 2013)
(2) Differentiate the rule-making power or the power of the

Supreme Court to promulgate rules under Section 5, Article
VIII of the 1987 Constitution and judicial legislation. (2%)
SUGGESTED ANSWER: The Rule-making power of the Supreme Court was vested
by the 1987 Constitution to promulgate rules that would protect the constitutional
rights of our people, pleadings, practice and proceedings in all courts. This is
recognized power exclusive to the Supreme Court. But while the power of the
judiciary is to interpret laws, judicial legislation takes place when a court steps in to
craft missing parts or to fill in the gaps in laws or when it oversteps its discretional
boundaries and goes beyond the law to coin doctrines or principles where none was
before (Judicial Legislation: Dissected. M. Vidal). This is frowned upon because the
courts should merely interpret laws, and not make new laws.
XII.Discuss the evolution of the principle of jus sanguinis as
basis of Filipino citizenship under the 1935, 1973, and
1987 Constitutions. (3%)
SUGGESTED ANSWER: Under the 1935 Constitution, Filipino citizens under the
principle of jus sanguinis are only those whose fathers are citizens of the Philippines.
Under the 1973 and 1987 Constitutions, Filipino citizens are those whose fathers or
mothers are Filipino citizens.
XIII.On August 15, 2015, Congresswoman Dina Tatalo filed

and sponsored House Bill No. 5432, entitled "An Act
Providing for the Apportionment of the Lone District of the
City of Pangarap." The bill eventually became a law, R.A.
No. 1234. It mandated that the lone legislative district of
the City of Pangarap would now consist of two (2)
districts. For the 2016 elections, the voters of the City of
Pangarap would be classified as belonging to either the
first or second district, depending on their place of
residence. The constituents of each district would elect
their own representative to Congress as well as eight (8)
members of the Sangguniang Panglungsod. R.A. No. 1234
apportioned the City's barangays. The COMELEC thereafter
promulgated Resolution No. 2170 implementing R.A. No.
1234.
Piolo Cruz assails the COMELEC Resolution as
unconstitutional. According to him, R.A. No. 1234 cannot
be implemented without conducting a plebiscite because
the apportionment under the law falls within the meaning
of creation, division, merger, abolition or substantial
alteration of boundaries of cities under Section 10, Article
X o f the 1987 Constitution. Is the claim correct? Explain.
(4%)
SUGGESTED ANSWER: No, Piolo Cruz’s claim in incorrect. While the
Constitution and the Local Government Code expressly require a plebiscite to carry
out any creation, division, merger, abolition or alteration of the boundary of a local
government unit, no plebiscite requirement exists under the apportionment or
reapportionment provision (Bagabuyo v. COMELEC). In the case at bar, RA 1234
merely increased its representation in the House of Representatives. There was no
creation, division, merger, abolition or alteration of a local government unit that
took place. RA 1234 did not bring about any change in the City of Pangarap’s
territory, population and income classification. Hence no plebiscite is required.
XIV.Congress enacted R.A. No. 14344 creating the City of

Masuwerte which took effect on September 25, 2014.
Section 23 of the law specifically exempts the City of
Masuwerte from the payment of legal fees in the cases
that it would file and/or prosecute in the courts of law. In
two (2) cases that it filed, the City of Masuwerte was
assessed legal fees by the clerk of court pursuant to Rule
141 (Legal Fees) of the Rules of Court. The City of
Masuwerte questions the assessment claiming that it is
exempt from paying legal fees under Section 23 of its
charter. Is the claim of exemption tenable? Explain. (4%)
SUGGESTED ANSWER: The claim of exemption is not tenable. Section 23 of the

RA 14344 runs contrary to the provisions of the Constitution. Under the 1987
Constitution, only the Supreme Court has the power to promulgate its rules on
pleadings, practice and procedures in court (Section 5, Article VIII, 1987
Constitution).
Payment of legal fees is a vital component of the rules promulgated by this Court
concerning pleading, practice and procedure, it cannot be validly annulled, changed
or modified by Congress. As one of the safeguards of this Court’s institutional
independence, the power to promulgate rules of pleading, practice and procedure is
now the Court’s exclusive domain. That power is no longer shared by this Court
with Congress, much less with the Executive (AM No. 12-2-03-0). Such act by
Congress also transgresses the fiscal autonomy of the Courts.
Hence the City of Masuwerte cannot question the assessment of legal fees for the
cases it filed before the court.
XV.The President appointed Dexter I. Ty as Chairperson of

the COMELEC on June 14, 2011 for a term of seven (7)
years pursuant to the 1987 Constitution. His term of office
started on June 2, 2011 to end on June 2, 2018.
Subsequently, the President appointed Ms. Marikit as the
third member of the COMELEC for a term of seven (7)
years starting June 2, 2014 until June 2, 2021. On June 2,
2015, Chairperson Ty retired optionally after having
served the government for thirty (30) years. The President
then appointed Commissioner Marikit as COMELEC
Chairperson. The Commission on Appointments confirmed
her appointment. The appointment papers expressly
indicate that Marikit will serve as COMELEC Chairperson
"until the expiration of the original term of her office as
COMELEC Commissioner or on June 2, 2021." Matalino, a
tax payer, files a petition for certiorari before the Supreme
Court asserting that the appointment of Marikit as
COMELEC Chairperson is unconstitutional for the following
reasons: (1) The appointment of Marikit as COMELEC
Chairperson constituted a reappointment which is
proscribed by Section 1(2), Article IX of the 1987
Constitution; and (2) the term of office expressly stated in
the appointment papers of Marikit likewise contravenes
the aforementioned constitutional provision. Will the
constitutional challenge succeed?
SUGGESTED ANSWER: No, the constitutional challenge will not succeed. It is well
settled in the case of Matibag v. Benipayo, the Supreme Court said that when an ad
interim appointment (of the Chairman of the Commission on Elections) is not
confirmed (as it was by-passed, or that there was not ample time for the
Commission on Appointments to pass upon the same), another ad interim
appointment may be extended to the appointee without violating the Constitution.
XVI.
(1)Gandang Bai filed her certificate of candidacy (COC) for
municipal mayor stating that she is eligible to run for the
said position. Pasyo Maagap, who also filed his COC for the
same position, filed a petition to deny due course or cancel
Bai's COC under Section 78 of the Omnibus Election Code
for material misrepresentation as before Bai filed her COC,
she had already been convicted of a crime involving moral
turpitude. Hence, she is disqualified perpetually from
holding any public office or from being elected to any
public office. Before the election, the COMELEC cancelled
Bai's COC but her motion for reconsideration (MR)
remained pending even after the election. Bai garnered
the highest number of votes followed by Pasyo Maagap,
who took his oath as Acting Mayor. Thereafter, the
COMELEC denied Bai's MR and declared her disqualified for
running for Mayor. P. Maagap asked the Department of
Interior and Local Government Secretary to be allowed to
take his oath as permanent municipal mayor. This request
was opposed by Vice Mayor Umaasa, invoking the rule on
succession to the permanent vacancy in the Mayor's office.
Who between Pasyo Maagap and Vice Mayor Umaasa has
the right to occupy the position of Mayor? Explain your
answer.
Explain. (4%)
SUGGESTED ANSWER: Vice Mayor Umaasa has the right to occupy the position
of Mayor. This was settled in Talaga v. COMELEC (G.R. No. 196804 October 9,
2012). where the court upheld that the disqualification of Bai created a situation of a
permanent vacancy in the office of the Mayor. A permanent vacancy is filled
pursuant to the law on succession defined in Section 44 of the LGC which states the
“If a permanent vacancy occurs in the office of the governor or mayor, the vice-
governor or vice-mayor concerned shall become the governor or mayor. “
Pasyo Maagap who garnered only the second highest number of votes lost to
Gandang Bai. Applying the Labo case cited in Talaga, Maagap could not assume
office for he was only second placer despite the disqualification of the Gandang Bai
because the second placer was "not the choice of the sovereign will."60 Surely, the
Court explained, a minority or defeated candidate could not be deemed elected to
the office.61 There was to be no question that the second placer lost in the election,
was repudiated by the electorate, and could not assume the vacated position.62 No
law imposed upon and compelled the people of Lucena City to accept a loser to be
their political leader or their representative.
The only time that a second placer is allowed to take the place of a disqualified
winning candidate is when two requisites concur, namely: (a) the candidate who
obtained the highest number of votes is disqualified; and (b) the electorate was fully
aware in fact and in law of that candidate’s disqualification as to bring such
awareness within the realm of notoriety but the electorate still cast the plurality of
the votes in favor of the ineligible candidate.64 Under this sole exception, the
electorate may be said to have waived the validity and efficacy of their votes by
notoriously misapplying their franchise or throwing away their votes, in which case
the eligible candidate with the second highest number of votes may be deemed
elected.65 The facts of the case at bar did not state the existence of such exception,
thus it cannot apply in favor of Maagap simply because the second element was
absent.
(2)How do you differentiate the petition filed under Section

68 from the petition filed under Section 78, both of the
Omnibus Election Code? (3%)
SUGGESTED ANSWER: The two remedies available to prevent a candidate from

running in an electoral race are under Section 68 and under Section 78 of the
Omnibus Election Code. The candidate who is disqualified based on the grounds
under Section 68 (i.e., prohibited acts of candidates, and the fact of a candidate’s
permanent residency in another country when that fact affects the residency
requirement of a candidate) is merely prohibited to continue as a candidate. On the
other hand, a candidate whose certificate is cancelled or denied due course based on
a statement of a material representation in the said certificate that is false under
Section 78, is not treated as a candidate at all, as if he/she never filed a Certificate of
Candidacy. (Talaga v. COMELEC)
XVI.The Gay, Bisexual and Transgender Youth Association

(GBTYA), an organization of gay, bisexual, and
transgender persons, filed for accreditation with the
COMELEC to join the forthcoming party-list elections. The
COMELEC denied the application for accreditation on the
ground that GBTYA espouses immorality which offends
religious dogmas. GBTY A challenges the denial of its
application based on moral grounds because it violates its
right to equal protection ofthe law.
(I) What are the three (3) levels of test that are applied in
equal protection cases? Explain. (3%)
SUGGESTED ANSWER: The three kinds of tests applied in equal protection cases
are:
a. Strict Scrutiny Test – requires the government to show that the challenged
classifications serve a compelling state interest and that the classification is
necessary to serve that interest. This is used in cases involving classifications
based on race, national origin, religion, alienage, denial of right to vote,
interstate migration, access to courts and other rights recognized as
fundamental
b. Immediate or middle-tier scrutiny test – requires government to show that
the challenged classification serves as an important state interest and that the
classification is at least substantially related to serving that interest. This
applies to suspect classification like gender or illegitimacy.
c. Minimum or rational basis scrutiny – according to which the government
need only to show that the challenged classification is rationally related to
serving a legitimate state interest. This is the traditional rationality test and it
applies to all subjects other than those listed above. (see Bernas
Commentary, in Ang Ladlad v. COMELEC, GR No. 190582, April 8, 2010
for the explanation)
(II) Which of the three (3) levels of test should be applied

to the present case? Explain. (3%) Rational Basis Test
SUGGESTED ANSWER: The Rational Basis Test should be applied to the present
case. In our jurisdiction, the Supreme Court declared that the standard of analysis
of equal protection challenges is the rational basis test. Jurisprudence has affirmed
that if a law neither burdens a fundamental right nor targets a suspect class, the
classification shall be upheld as long as it bears a rational relationship to some
legitimate end. In the case at bar, in so far as the party-list system is concerned,
GBTYA is similarly situated as all other groups which are running for a party-list
seat in Congress (Ang Ladlad v. COMELEC).
XVII.Around 12:00 midnight, a team of police officers was on

routine patrol in Barangay Makatarungan when it noticed
an open delivery van neatly covered with banana leaves.
Believing that the van was loaded with contraband, the
team leader flagged down the vehicle which was driven by
Hades. He inquired from Hades what was loaded on the
van. Hades just gave the police officer a blank stare and
started to perspire profusely. The police officers then told
Hades that they will look inside the vehicle. Hades did not
make any reply. The police officers then lifted the banana
leaves and saw several boxes. They opened the boxes and
discovered several kilos of shabu inside. Hades was
charged with illegal possession of illegal drugs. After due
proceedings, he was convicted by the trial court. On
appeal, the Court of Appeals affirmed his conviction.
In his final bid for exoneration, Hades went to the
Supreme Court claiming that his constitutional right
against unreasonable searches and seizures was violated
when the police officers searched his vehicle without a
warrant; that the shabu confiscated from him is thus
inadmissible in evidence; and that there being no evidence
against him, he is entitled to an acquittal.
For its part, the People ofthe Philippines maintains that
the case ofHades involved a consented warrantless search
which is legally recognized. The People adverts to the fact
that Hades did not offer any protest when the police
officers asked him if they could look inside the vehicle.
Thus, any evidence obtained in the course thereof is
admissible in evidence.
Whose claim is correct? Explain. (5%)
SUGGESTED ANSWER: Hades’ claim is correct. The evidence obtained was

illegally seized and is thus inadmissible in evidence.
A consented warrantless search, if it exists or whether it was in fact voluntary is a
question of fact to be determined from the totality of all the circumstances. Hades’
mere silence does not amount to consent. In the absence of such consent, evidence
obtained thereof shall be inadmissible in evidence, in which case precludes
conviction and calls for the acquittal of the accused (Ong v. People, GR No. 197788,
Feb. 29, 2012).
XVIII.Pursuant to its mandate to manage the orderly sale,

disposition and privatization of the National Power
Corporation's (NPC) generation assets, real estate and
other disposable assets, the Power Sector Assets and
Liabilities Management (PSALM) started the bidding
process for the privatization of Angat Hydro Electric Power
Plant (AHEPP). After evaluation of the bids, K-Pop Energy
Corporation, a South Korean Company, was the highest
bidder. Consequently, a notice of award was issued to K-
Pop. The Citizens' Party questioned the sale arguing that it
violates the constitutional provisions on the appropriation
and utilization of a natural resource which should be
limited to Filipino citizens and corporations which are at
least 60% Filipino-owned. The PSALM countered that only
the hydroelectric facility is being sold and not the Angat
Dam; and that the utilization of water by a hydroelectric
power plant does not constitute appropriation of water
from its natural source of water that enters the intake
gate of the power plant which is an artificial structure.
Whose claim is correct? Explain. (4%)
SUGGESTED ANSWER: PSALM’s claim is correct. Under the Water Code, a

foreign company may not be said to be “appropriating” our natural resources if it
utilizes the waters collected in the dam and converts the same into electricity
through artificial devices such as the hydroelectric facility as in the case case at bar.
Since the NPC remains in control of the operation of the dam by virtue of water
rights granted to it, there is no legal impediment to foreign-owned companies
undertaking the generation of electric power using waters already appropriated by
the NPC, the holder of the water permit. With the advent of privatization of the
electric power industry which resulted in its segregation into four sectors, NPC’s
generation and transmission functions were unbundled. Hence the acquisition by a
foreign company of the hydroelectric facility did not violate any constitutional
provision (IDEALS v. PSALM, GR No. 192088).
XIX.Typhoon Bangis devastated the Province of Sinagtala.
Roads and bridges were destroyed which impeded the
entry of vehicles into the area. This caused food shortage
resulting in massive looting of grocery stores and malls.
There is power outage also in the area. For these reasons,
the governor of the province declares a state of
emergency in their province through Proclamation No. 1.
He also invoked Section 465 of the Local Government Code
of 1991 (R.A. No. 7160) which vests on the provincial
governor the power to carryout emergency measures
during man-made and natural disasters and calamities,
and to call upon the appropriate national law enforcement
agencies to suppress disorder and lawless violence. In the
same proclamation, the governor called upon the
members of the Philippine National Police, with the
assistance of the Armed Forces of the Philippines, to set
up checkpoints and chokepoints, conduct general searches
and seizures including arrests, and other actions
necessary to ensure public safety. Was the action of the
provincial governor proper? Explain. (4%)
SUGGESTED ANSWER: No, the action of the governor is not proper. Under the
Constitution, it is only the President, as Executive, who is authorized to exercise
emergency powers as provided under Section 23, Article VI, as well as the calling-
out powers under Section 7, Article VII thereof. In the case at bar, the provincial
governor is not endowed with the power to call upon the state forces at his own
bidding. It is an act which is ultra vires and may not be justified by the invocation of
Section 465 of the Local Government Code (Kulayan v. Gov. Tan, GR No. 187298,
July 3, 2012).
XX.The Partido ng Mapagkakatiwalaang Pilipino (PMP) is a
major political party which has participated in every
election since the enactment of the 1987 Constitution. It
has fielded candidates mostly for legislative district
elections. In fact, a number of its members were elected,
and are actually serving, in the House of Representatives.
In the coming 2016 elections, the PMP leadership intends
to join the party-list system.
Can PMP join the party-list system without violating the

Constitution and Republic Act (R.A.) No. 7941? (4%)
SUGGESTED ANSWER: Yes, the PMP can join the party-list system in accordance
with the rules enunciated in Atong Paglaum v. COMELEC. Accordingly, political
parties can participate in party-list elections provided they register under the party-
list system and do not field candidates in legislative district elections. A political
party, whether major or not, that fields candidates in legislative district elections can
participate in party-list elections only through its sectoral wing that can separately
register under the party-list system. The sectoral wing is by itself an independent
sectoral party, and is linked to a political party through a coalition (Atong Paglaum
v. COMELEC, GR Nos. 203766, 203818-19, et al.)
XXI.The President appoints Emilio Melchor as Chairperson of

the Civil Service Commission. Upon confirmation of
Melchor's appointment, the President issues an executive
order including him as Ex-Officio member of the Board of
Trustees of the Government Service Insurance System
(GSIS), Employees Compensation Commission (ECC), and
the Board of Directors of the Philippine Health Insurance
Corporation (PHILHEALTH). Allegedly, this is based on the
Administrative Code of 1997 (E.O. No. 292), particularly
Section 14, Chapter 3, Title I-A, Book V. This provision
reads: "The chairman ofthe CSC shall be a member of the
Board of Directors of other governing bodies of
government entities whose functions affect the career
development, employment, status, rights, privileges, and
welfare of government officials and employees..." A
taxpayer questions the designation of Melchor as ex-
officio member of the said corporations before the
Supreme Court based on two (2) grounds, to wit: (1) it
violates the constitutional prohibition on members of the
Constitutional Commissions to hold any other office or
employment during his tenure; and (2) it impairs the
independence of the CSC. Will the petition prosper?
Explain. (4%)
SUGGESTED ANSWER: Yes, the petition will prosper. The appointment of

Melchor as ex-officio member of the GSIS, ECC and PHILHEALTH during his
tenure as the chairperson of the CSC is unconstitutional for violating Section 2,
Article IX-A of the 1987 Constitution, prohibiting members of Constitutional
Commissions from holding any other office or employment and impairing the
independence of the CSC (Section 1, Article IX-A). This has been a settled case
where the Court ruled that the CSC Chairperson’s holding other offices resulted in
double compensation and impairment to CSC’s independence because other offices
held by the CSC chairperson are under the Office of the President (Funa v. Duque,
GR No. 191672, November 25, 2014).
2016 Bar Examinations In Political Law Page 1 of 19
-I-
The contents of the vault of ABC company consisting of cash and documents
were stolen. Paulyn, the treasurer of ABC, was invited by the Makati City Police
Department to shed light on the amount of cash stolen and the details of the
missing documents. Paulyn obliged and volunteered the information asked. Later,
Paulyn was charged with qualified theft together with other suspects. Paulyn
claims her rights under the Constitution and pertinent laws were blatantly
violated. The police explained that they were just gathering evidence when Paulyn
was invited for a conference and she was not a suspect at that time. Rule on her
defense. (5%)
SUGGESTED ANSWER: No, the defense of Paulyn is not valid. When she was invited
for questioning by the Makati City Police Department and she volunteered information,
she was not yet a suspect. Her constitutional rights of a person under investigation for
the commission of an offense under Section 12(1), Article III of the Constitution begins
to operate when the investigation ceases to be a general inquiry upon an unsolved
crime and begins to be aimed upon a particular suspect who has been taken into
custody and the questions tend to elicit incriminating statements. (People v. Marra, 236
SCRA 565 [1994]).
-II-
Sec. 11, Art. XII of the Constitution, provides: "No franchise, certificate or any
other form of authorization for the operation of a public utility shall be granted
except to citizens of the Philippines or to corporations or associations organized
under the laws of the Philippines at least sixty per centum of whose capital is
owned by such citizens xx x." Does the term "capital" mentioned in the cited
section refer to the total common shares only, or to the total outstanding capital
stock, or to both or "separately to each class of shares, whether common,
preferred non-voting, preferred voting or any class of shares?" Explain your
answer. (5%)
SUGGESTED ANSWER: The term “capital” mentioned in Section 11, Article XII of the
Constitution refers to the total outstanding capital stock of public utilities. The
requirement that at least sixty percent of the capital must be owned by Filipino citizens
applies separately to each class of shares, whether common, preferred, non-voting,
preferred voting, or any class of shares. Mere legal title is not enough. Full beneficial
ownership of sixty percent of the outstanding capital stock is required. (Gamboa v.
Teves, 652 SCRA 690, [2011]).
-III-
A law converted the component city of Malumanay, Laguna into a highly

urbanized city. The Local Government Code (LGC) provides that the conversion
"shall take effect only after it is approved by the majority of votes cast in a
plebiscite to be held in the political units directly affected." Before the COMELEC,
Mayor Xenon of Malumanay City insists that only the registered voters of the city
should vote in the plebiscite because the city is the only political unit directly
affected by the conversion. Governor Yuri asserts that all the registered voters of
the entire province of Laguna should participate in the plebiscite, because when
the LGC speaks of the "qualified voters therein," it means all the voters of all the
political units affected by such conversion, and that includes all the voters of the
entire province. He argues that the income, population and area of Laguna will be
reduced. Who, between Mayor Xenon and Governor Yuri, is correct? Explain your
answer. (5%)
SUGGESTED ANSWER: Governor Yuri is correct. All the registered voters of the
Province of Laguna should be included in the plebiscite. The conversion of the City of
Malumanay into a highly urbanized city will adversely affect the Province of Laguna and
its residents. The territory of the Province of Laguna will be reduced. Its share in the
internal revenue allotment will be reduced, because the population and land area are
included as basis for determining its share. Once the City of Malumanay becomes a
highly urbanized city, the Province of Laguna will no longer share in the taxes collected
by the City of Malumanay. The City of Malumanay will be under the supervision of the
President instead of the Province of Laguna. Decisions of the City of Malumanay in
administrative cases involving barangay officials will no longer be appealable to the
Sanguniang Panlalawigan. The registered voters of the City of Malumanay will no
longer be entitled to vote for provincial officials. To limit the plebiscite to the voters of
the City of Malumanay would nullify the principle of majority rule. (Umali vs.
Commission on Elections, 723 SCRA 170 [2014]).
-IV-
Several concerned residents of the areas fronting Manila Bay, among them a
group of students who are minors, filed a suit against the Metro Manila
Development · Authority (MMDA), the Department of Environment and Natural
Resources (DENR), the Department of Health (DOH), the Department of
Agriculture (DA), the Department of Education (DepEd), the Department of Interior
and Local Government (DILG), and a number of other executive agencies, asking
the court to order them to perform their duties relating to the cleanup,
rehabilitation and protection of Manila Bay. The complaint alleges that the
continued neglect by defendants and their failure to prevent and abate pollution
in Manila Bay constitute a violation of the petitioners' constitutional right to life,
health and a balanced ecology.
[a] If the defendants assert that the students/petitioners who are minors do not
have locus standi to file the action, is the assertion correct? Explain your answer.
(2.5%)
[b] In its decision which attained finality, the Court ordered the defendants to
clean up, rehabilitate and sanitize Manila Bay within eighteen (18) months, and to
submit to the Court periodic reports of their accomplishment, so that the Court
can monitor and oversee the activities undertaken by the agencies in compliance
with the Court's directives. Subsequently, a resolution was issued extending the
time periods within which the agencies should comply with the directives covered
by the final decision. A view was raised that the Court's continued intervention
after the case has been decided violates the doctrine of separation of powers
considering that the government agencies all belong to the Executive Department
and are under the control of the President. Is this contention correct? Why or why
not? (2.5%)
SUGGESTED ANSWER: [A] The assertion that the students/ petitioners who are minors
have no locus standi is errorneous. Pursuant to the obligation of the State under
Section 16, Article II if the Constitution to protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and harmony of nature,
minor have standing to sue based on the concept of intergenerational responsibility
(Oposa v. Factoran, 224 SCRA 792 [1993]).
[B] The order of the Supreme Court to the defendants to clean up, rehabilitate and
sanitize Manila Bay is an exercise of judicial power, because the execution of its
decision is an integral part of its adjudicative function. Since the submission of periodic
reports is needed to fully implement the decision, the Supreme Court can issue writ of
mandamus to the Metropolitan Manila Development Authority until full compliance with
its order is shown. (Metropolitan Manila Development Authority v. Concerned
Residents of Manila Bay, 643 SCRA 90 [2011])
-V-
Section 8 of P.D. No. 910, entitled "Creating an Energy Development Board,

defining its powers and functions, providing funds therefor and for other
purposes," provides that: "All fees, revenues and receipts of the 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 of the
government and for such other purposes as may be hereafter directed by the
President." The Malampaya NGO contends that the provision constitutes an
undue delegation of legislative power since the phrase "and for such other
purposes as may be hereafter directed by the President" gives the President
unbridled discretion to determine the purpose for which the funds will be used.
On the other hand, the government urges the application of ejusdem generis.
[a] Explain the "completeness test" and "sufficient standard test." (2.5%)
[b] Does the assailed portion of section 8 of PD 910 hurdle the two (2) tests?
(2.5%)
SUGGESTED ANSWER: [A] The “completeness test means” that the law sets forth the
policy to be executed, carried out, or implemented by the delegate. (Abakada Guro
Party List v. Ermita, 469 SCRA 1 [2005]). The “sufficient standard test” means the law
lays down adequate guidelines or limitations to map out the boundaries of the authority
of the delegate and prevent the delegate from running riot. The standard must specify
the limits of the authority of the delegate, announce the legislative policy and identify
the condition under which it is to be implemented. (Abakada Guro Party List v. Ermita,
469 SCRA 1 [2005]). [B] The assailed portion of the Presidential Decree No. 910 does
no satisfy the two tests. The phrase “and for such other purposes as may be hereafter
directed by the President” gives the President unbridled discretion to determine the
purpose for which the funds will be used. An infrastructure is any basic facility needed
by society. The power to determine what kind of infrastructure to prioritize and fund is a
power to determine the purpose of the appropriation and is an undue delegation of the
power to appropriate. (Belgica v. Ochoa, Jr., 710 SCRA 1 [2013]) The assailed provision
does not fall under the principle of ejusdem generis. First, the phrase “energy resource
development and exploitation programs and projects of the government states a
singular and general class. Second, it exhausts the class it represents. (Belgica v.
Ochoa, Jr., 710 SCRA 1 [2013])
-VI-
Pornographic materials in the form of tabloids, magazines and other printed

materials, proliferate and are being sold openly in the streets of Masaya City. The
City Mayor organized a task force which confiscated these materials. He then
ordered that the materials be burned in public. Dominador, publisher of the
magazine, "Plaything", filed a suit, raising the following constitutional issues: (a)
the confiscation of the materials constituted an illegal search and seizure,
because the same was done without a valid search warrant; and (b) the
confiscation, as well as the proposed destruction of the materials, is a denial of
the right to disseminate information, and thus, violates the constitutional right to
freedom of expression. Is either or both contentions proper? Explain your answer.
(5%)
SUGGESTED ANSWER: The confiscation of the materials constituted an illegal search

and seizure, because it was done without a valid warrant. It cannot be justified as a
valid warrantless search and seizure, because such search and seizure must have been
an incident of a lawful arrest. There was no lawful arrest (Pita v. Court of Appeals, 178
SCRA 362 [1989]) The argument of Dominador that pornographic materials are
protected by the constitutional right to freedom of expression is erroneous. Obscenity
is not a protected expression (Fernando v. Court of Appeals, 510 SCRA 351 [2006]).
Section 2 of Presidential Decree No. 969 requires the forfeiture and destruction of
pornographic materials (Nograles v. People, 660 SCRA 475 [2011]).
-VII-
Ernesto, a minor, while driving a motor vehicle, was stopped at a mobile

checkpoint. Noticing that Ernesto is a minor, SPOl Jojo asked Ernesto to exhibit
his driver's license but Ernesto failed to produce it. SPOI Jojo requested Ernesto
to alight from the vehicle and the latter acceded. Upon observing a bulge in the
pants of Ernesto, the policeman frisked him and found an unlicensed .22-caliber
pistol inside Ernesto's right pocket. Ernesto was arrested, detained and charged.
At the trial, Ernesto, through his lawyer, argued that, policemen at mobile
checkpoints are empowered to conduct nothing more than a ''visual search".
They cannot order the persons riding the vehicle to alight. They cannot frisk, or
conduct a body search of the driver or the passengers of the vehicle. Ernesto's
lawyer thus posited that:
[a] The search conducted in violation of the Constitution and established

jurisprudence was an illegal search; thus, the gun which was seized in the course
of an illegal search is the "fruit of the poisonous tree" and is inadmissible in
evidence. (2.5%)
[b] The arrest made as a consequence of the invalid search was likewise illegal,
because an unlawful act (the search) cannot be made the basis of a lawful arrest.
(2.5%)
Rule on the correctness of the foregoing arguments, with reasons.
SUGGESTED ANSWER:
[A] The warrantless search of the motor vehicles at checkpoints should be limited to a
visual search. Its occupants should not be subjected to a body search (Aniag, Jr. v.
Commission on Elections, 237 SCRA 424 [1994]). The “stop and frisk rule” applies
when a police officer observes suspicious activity or unusual activity which may lead
him to believe that a criminal act may be afoot. The “stop and frisk” is merely a limited
protected search of outer clothing for weapons. (Luz v. People, 667 SCRA 421 [2012]).
[B] Since there was no valid warrantless search, the warrantless search was also illegal.
The unlicensed .22 caliber pistol is inadmissible in evidence. (Luz v. People, 667 SCRA
421 [2012]).
-VIII-
A law is passed intended to protect women and children from all forms of
violence. When a woman perceives an act to be an act of violence or a threat of
violence against her, she may apply for a Barangay Protection Order (BPO) to be
issued by the Barangay Chairman, which shall have the force and effect of law.
Conrado, against whom a BPO had been issued on petition of his wife, went to
court to challenge the constitutionality of the law. He raises the following
grounds:
[a] The law violates the equal protection clause, because while it extends
protection to women who may be victims of violence by their husbands, it does
not extend the same protection to husbands who may be battered by their wives.
(2.5%)
[b] The grant of authority to the Barangay Chairman to issue a Barangay

Protection Order (BPO) constitutes an undue delegation of judicial power,
because obviously, the issuance of the BPO entails the exercise of judicial power.
(2.5%)
Rule on the validity of the grounds raised by Conrado, with reasons.
SUGGESTED ANSWER:
[A] The law does not violate the equal protection clause. It is based on substantial
distinctions. The unequal power relationship between women and men, the greater
likelihood for women than men to be victims of violence, and the widespread gender
bias and prejudice against women all make for real differences. (Garcia v. Drilon, 699
SCRA 352 [2013]).
[B] The grant of authority to the Barangay Chairman to issue a Barangay Protection
Orders is a purely executive function pursuant to his duty to enforce all laws and
ordinances and to maintain public order. (Garcia v. Drilon, 699 SCRA 352 [2013]).
-IX-
The Government, through Secretary Toogoody of the Department of ·

Transportation (DOTr), filed a complaint for eminent domain to acquire a 1,000-
hectare property in Bulacan, owned by Baldomero. The court granted the
expropriation, fixed the amount of just compensation, and installed the
Government in full possession of the property.
[a] If the Government does not immediately pay the amount fixed by the court as
just compensation, can Baldomero successfully demand the return of the
property to him? Explain your answer. (2.5%)
[b] If the Government paid full compensation but after two years it abandoned its
plan to build an airport on the property, can Baldomero compel the Government
to re-sell the property back to him? Explain your answer. (2.5%)
SUGGESTED ANSWER: [A] If the government does not pay Baldomero the just
compensation immediately, he cannot demand the return of the property to him.
Instead, legal interest should be paid from the time of taking of the property until actual
payment in full. (Republic v. Court of Appeals, 383 SCRA 611 [2002]).
[B] With respect to the element of public use, the expropriator should commit to use
the property for the purposes stated in the petition. If not, it is incumbent upon it to
return the property to the owner, if the owner desires to reacquire it. Otherwise, the
judgment of the expropriation will lack the element of public use. The owner will be
denied due process and the judgment will violate his right to justice. (Mactan-Cebu
Airport Authority v. Lozada, Sr., 613 SCRA 618 [2010]). If the just compensation was
not paid within 5 years from finality of judgment, the owner is entitled to recover the
property. (Republic v. Lim. 462 SCRA 265 [2005]).
-X-
The Philippines entered into an international agreement with members of the

international community creating the International Economic Organization (IEO)
which will serve as a forum to address economic issues between States, create
standards, encourage greater volume of trade between its members, and settle
economic disputes. After the Philippine President signed the agreement, the
Philippine Senate demanded that the international agreement be submitted to it
for its ratification. The President refused, arguing that it is an executive
agreement that merely created an international organization and it dwells mainly
on addressing economic issues among States. Is the international agreement
creating the IEO a treaty or an executive agreement? Explain. (5%)
SUGGESTED ANSWER: The agreement creating the International Economic

Organization is an executive agreement and not a treaty. In Section 21, Article VII is the
only provision of the Constitution which defines a “treaty or international agreement” as
valid and effective law by reason of concurrence of the Senate. However, it is the
intendment of the Constitution that such “treaty or international agreement” does not
include executive agreement which is excluded from the Senate’s authority of
concurrence over treaties. This constitutional intent is expressed in the proceedings of
the Constitutional Commission in its awareness that at the time the power of the
President to conclude executive agreement was clearly recognized by at least
decisions of the Supreme Court establishing the principle that the President’s power
includes conclusion of executive agreements which are valid without need of Senate
concurrence. Hence, logically the Treaty Clause in Section 21, Article VII is to be
interpreted as excluding executive agreement. (Commissioner v. Eastern Sea Trading, 3
SCRA 351 [1961];USAFFE Veterans Association v. Treasurer, 105 Phil. 1030 [1959]).
Moreover, as the Supreme Court has pointed out in Pimentel v. Office of the Executive
Secretary (462 SCRA 622, [2005]) the President has the sole power to ratify treaties.
The Senate may be able to exercise its authority of concurrence only if the President
transmits the instrument of ratification by which he accepts the terms agreed on by his
diplomatic negotiators of the proposed treaty as requested by the President. It is only
on the basis of the authority of the President to ratify treaties that the Senate may act in
concurrence under the Treaty clause of the Constitution.
-XI-
The USS Liberty, a warship of the United States (U.S.), entered Philippine
archipelagic waters on its way to Australia. Because of the negligence of the
naval officials on board, the vessel ran aground off the island of Pala wan,
damaging coral reefs and other marine resources in the area. Officials of Palawan
filed a suit for damages against the naval officials for their negligence, and
against the U.S., based on Articles 30 and 31 of the United Nations Convention on
the Law of the Sea (UNCLOS). Article 31 provides that the Flag State shall bear
international responsibility for any loss or damage to the Coastal State resulting
from noncompliance by a warship with the laws and regulations of the coastal
State concerning passage through the territorial sea. The U. S. Government
raised the defenses that: [a] The Philippine courts cannot exercise jurisdiction
over another sovereign State, including its warship and naval officials. (2.5%)
[b] The United States is not a signatory to UN CLOS and thus cannot be bound by
its provisions. (2.5%) Rule on the validity of the defenses raised by the U.S., with
reasons.
SUGGESTED ANSWER: The defenses raised by the U.S. Government are not valid. [A]
This defense relies on sovereign immunity from suit as advanced by the U.S.
Government. But the suit file by the Officials of Palawan draws its strength from Article
30 and 31 of the UN Convention on the Law of the Sea (UNCLOS). However, the U.S.
defense is defeated by the UNCLOS through the application of Article 32 which
provides: “With such exceptions as are contained in subsection A and in Articles 30
and 31, nothing in the Convention affects the immunities of warships and other
government ships operated for non-commercial purposes. [emphasis added]” In reality
the supreme relevance of Article 32 quoted above is actualized by quoting an existing
U.S. government document sourced from Dispatch Supplement, Law of the Sea
Convention: Letters of Transmittal and Submittal and Commentary, as follows: “Article
32 provides, in effect that the only rules in the Convention derogating from the
immunities of warships and government ships operated for nongovernment purposes
are those found in Articles 17-26, 30 and 31 (February 1995, Vol. 6, Supplement No. 1
p.12). [B] The U.S. Government turns to the defense that it is not bound by the
UNCLOS for the reason that it is not a State Party or a signatory. However, to be bound
by the principle, it does not have to be a party to a treaty or convention. If it has the
normative status of a customary norm of international law, it is binding on all states.
This appears to be holding of the principle of immunity of warship in question, as
upheld by the U.S. Government in the document cited above (Ibid., at p.17). It states
from the UNCLOS, thus: The Convention protects and strengthens the key principle of
sovereign immunity for warships. Although not a new concept, sovereign immunity is a
principle or of vital importance to the United States. The Convention provides for a
universally recognized formulation of this principle. Article 32 provides that, with such
exceptions as are contained in subsection A and in Articles 30 and 31 nothing in the
Convention affects the immunities of warships.
-XII-
Paragraphs c, d and f of Section 36 of Republic Act No. 9165 provide: "Sec. 36.
Authorized drug testing. xx x The following shall be subjected to undergo drug
testing: xx x c. Students of secondary and tertiary schools x x x; d. Officers and
employees of public and private offices x x x; f. All persons charged before the
prosecutor's office with a criminal offense having an imposable imprisonment of
not less than 6 years and 1 day;" Petitioners contend that the assailed portions of
Sec. 36 are unconstitutional for violating the right to privacy, the right against
unreasonable searches and seizures and the equal protection clause. Decide if
the assailed provisions are unconstitutional. (5%)
SUGGESTED ANSWER: The drug testing of students of secondary and tertiary schools
is valid. Deterring their use of drugs by random drug testing is as important as
enhancing efficient enforcement. Random drug testing of officers and employees of
public and private is justifiable. Their expectation of privacy in office is reduced. The
drug tests and results are kept confidential. Random drug testing is an effective way of
deterring drug use and is reasonable. Public officials and employees are required by
the Constitution to be accountable at all times to the people and to serve them with
utmost responsibility and efficiency. The mandatory testing of all persons charged
before the prosecutor’s office of a criminal offense punishable with imprisonment of at
least six years and one day is void. They are not randomly picked and are not beyond
suspicions. They do not consent to the procedure or waive their right to privacy. (Social
Justice Society v. Dangerous Drugs Board, 570 SCRA 410 [2008])
-XIII-
While Congress was not in session, the President appointed Antero as Secretary
of the Department of Tourism (DOT), Benito as Commissioner of the Bureau of
Immigration (BI), Clodualdo as Chairman of the Civil Service Commission (CSC),
Dexter as Chairman of the Commission on Human Rights (CHR), and Emmanuel
as Philippine Ambassador to Cameroon. The following day, all the appointees
took their oath before the President, and commenced to perform the functions of
their respective offices. [a] Characterize the appointments, whether permanent
or temporary; and whether regular or interim, with reasons. (2.5%)
[b] A civil society group, the Volunteers Against Misguided Politics (VAMP), files
suit, contesting the legality of the acts of the appointees and claiming that the
appointees should not have entered into the performance of the functions of their
respective offices, because their appointments had not yet been confirmed by the
Commission on Appointments. Is this claim of VAMP correct? Why or why not?
(2.5%)
SUGGESTED ANSWER:
[A1] The appointment of Antero as Secretary of Tourism is ad interim, because it is

subject to confirmation of the Commission on Appoinments and was made while
Congress was not in session. He can start perfoming his duties upon his acceptance,
because it is permanent and cannot be withdrawn after its acceptance. (Matibag vs.
Benipayo, 380 SCRA 49 [2002]). [A2] The appointment of Benito as Commission of the
Bureau of Immigration is regular and permanent. It is not required to be confirmed by
the Commission on Appointments. He can start performing his duties upon acceptance
of the appointment. (Section 16, Article VII of the Constitution). [A3] The appointment of
Clodualdo as Chairman of the Civil Service Commission is ad interim, because it is
subject to confirmation by the Commission on Appointments and was made while
Congress was not in session. He can start performing his duties upon his acceptance
of the appointment, because it is permanent and cannot be withdrawn. [A4} The
appointment of Dexter as Chairman of the Commission on Human Rights is regular and
permanent upon his acceptance. It is not required to be confirmed by the Commission
on Appointments. He can start performing his duties upon his acceptance. (Bautista v.
Salonga, 172 SCRA 160 [1989]) [A5] the appointment of Emmanuel as Ambassador to
Cameron is ad interim, because it is subject to confirmation by the Commission on
Appointment. (Section 16, Article VII of the Constitution)
[B] The claim of VAMP is not correct. The Commission of Investigation and the
Commission on Human Rights can immediately start performing their functions upon
acceptance since they are not required to be confirmed. The Secretary of the
Department of Tourism and the Chairman of the Civil Service Commission, can
immediately start performing their duties upon acceptance, since their ad interim
appointment is permanent.
-XIV-
Onofre, a natural born Filipino citizen, arrived in the United States in 1985. In 1990,
he married Salvacion, a Mexican, and together they applied for and obtained
American citizenship in 2001. In 2015, the couple and their children --Alfred, 21
years of age, Robert, 16, and Marie, 14, who were all born in the U.S. -- returned
to the Philippines on June 1, 2015. On June 15, 2015, informed that he could
reacquire Philippine citizenship without losing his American citizenship, Onofre
went home to the Philippines and took the oath of allegiance prescribed under
R.A. No. 9225. On October 28, 2015, he filed a Certificate of Candidacy to run in
the May 9, 2016 elections for the position of Congressman in his home province
of Pala wan, running against re-electionist Congressman Profundo.
[a] Did Onofre's reacquisition of Philippine citizenship benefit his wife, Salvacion,
and their minor children and confer upon them Filipino citizenship? Explain your
answer. (2.5%)
[b] Before the May 9, 2016 elections, Profundo's lawyer filed a Petition to Deny
Due Course or to Cancel the Certificate of Candidacy against Onofre. What
grounds can he raise in his Petition to support it? Explain your answer. (2.5%)
SUGGESTED ANSWER: [a] The reacquisition of the Philippine citizenship by Onofre did
not automatically make his American wife, Salvacion, a Filipino citizen. Nowhere does
Republic Act No. 9225provide that the foreign wife of a former Filipino citizen who
reacquired his Filipino citizenship will automatically become a Filipino citizen. Robert,
who is 16 years old, and Marie, who is 14 years old, also became Filipino citizens. The
unmarried children below eighteen (18) years of age, of those who reacquire Philippine
citizenship are also deemed citizen of the Philippines. (Section 4 of Republic Act No.
9225).
[b] The lawyer of Congressman Profundo can ask for the cancellation of the certificate
of candidacy on the ground that he did not execute an affidavit renouncing his
American citizenship as required by Section 5(2) of Republic Act No. 9225 and he
lacked one-year residence in the Philippines as required by Section 6, Article VI of the
Constitution.
-XV-
Congress passed a bill appropriating PlOO-billion. Part of the money is to be used

for the purchase of a 200-hectare property in Antipolo. The rest shall be spent for
the development of the area and the construction of the Universal Temple for All
the World's Faiths (UTAW-F). When completed, the site will be open, free of
charge, to all religions, beliefs, and faiths, where each devotee or believer shall be
accommodated and treated in a fair and equal manner, without distinction, favor,
or prejudice. There will also be individual segments or zones in the area which
can be used for the conduct of whatever rituals, services, sacraments, or
ceremonials that may be required by the customs or practices of each particular
religion. The President approved the bill, happy in the thought that this could start
the healing process of our wounded country and encourage people of varied and
oftenconflicting faiths to live together in harmony and in peace. If the law is
questioned on the ground that it violates Sec. 5, Article III of the Constitution that
"no law shall be made respecting an establishment of religion or prohibiting the
free exercise thereof," how will you resolve the challenge? Explain. (5%)
SUGGESTED ANSWER: The contention must be rejected. The use of the site temple
will not be limited a particular religious sect. it will be made available to all religious
sects. The temporary use of public property for religious purposes without
discrimination does not violate the Constitution. (Ignacio v. De la Cruz, 99 Phil. 346
[1956]; People v. Fernandez, 40 O.G. 1089 [1956]).
ALTERNATIVE SUGGESTED ANSWER: The contention is meritorious. The state cannot

pass laws which aid one religion, all religions, or prefer one religion over another
(Emerson v. Board of Education, 330 U.S.A. 1 [1947]). Note: It is recommended that
both answers be accepted as correct and be given full credit.
-XVI-
Jojo filed a criminal complaint against Art for theft of a backpack worth P150.00
with the Office of the City Prosecutor of Manila. The crime is punishable with
arresto mayor to prision correccional in its minimum period, or not to exceed 4
years and 2 months. The case was assigned to Prosecutor Tristan and he applied
Sec. 8(a) of Rule 112 which reads: "(a) If filed with the prosecutor. - If the
complaint is filed directly with the prosecutor involving an offense punishable by
imprisonment of less than four (4) years, two (2) months and one (1) day, the
procedure outlined in Sec. 3(a) of this Rule shall be observed. The Prosecutor
shall act on the complaint within ten (10) days from its filing." On the other hand,
Sec. 3(a) of Rule 112 provides: "(a) The complaint shall state the address of the
respondent and shall be accompanied by affidavits of the complainant and his
witnesses as well as other supporting documents to establish probable cause. x x
x" Since Sec. 8(a) authorizes the Prosecutor to decide the complaint on the basis
of the affidavits and other supporting documents submitted by the complainant,
Prosecutor Tristan did not notify Art nor require him to submit a counter- affidavit.
He proceeded to file the Information against Art with the Metropolitan Trial Court.
Art vehemently assails Sec. 8(a) of Rule 112 as unconstitutional and violative of
due process and his rights as an accused under the Constitution for he was not
informed of the complaint nor was he given the opportunity to raise his defenses
thereto before the Information was filed. Rule on the constitutionality of Sec. 8(a)
of Rule 112. Explain. (5%)
SUGGESTED ANSWER: The contention of Art is not meritorious. The right to be

informed of the complaint and to be given the opportunity to raise one’s defenses does
not apply to preliminary investigation. Preliminary investigation is merely procedural. It
may be dispensed with without violating the right of the accused to due process.
(Bustos v. Lucero, 81 Phil. 640 [1948]).
-XVII-
[a] Define the archipelagic doctrine of national territory, state its rationale; and
explain how it is implemented through the straight baseline method. (2.5%)
[b] Section 2 of RA 9522 declared the Kalayaan Island Group (KIG) and
Scarborough Shoal as "Regimes of Islands." Professor Agaton contends that
since the law did not enclose said islands, then the Philippines lost its sovereignty
and jurisdiction over them. Is his contention correct? Explain. (2.5%)
SUGGESTED ANSWER:
[a] By the term “archipelagic doctrine of national territory” is meant that the islands and
waters of the Philippine archipelago are unified in sovereignty, together with “all the
territories over which the Philippines has sovereignty or jurisdiction. This archipelagic
docrine, so described under Article I of the Constitution, draws its rationale from the
status of the whole archipelago in sovereignty by which under Part IV of the UNCLOS
the Philippines is defined as an Achipelagic State in Article 46, thus: (a) “Archipelagic
state” means a state constituted wholly nu one or more archipelagos and may include
other islands; (b) “Archipelago” means group of islands including parts of islands
interconnecting waters and other natural features which are so closely interrelated that
such islands waters and other natural features form an intrinsic geographic, economic
and political entity, or which historically have been regarded as such. As an
archipelagic state, the national territory is implemented by drawing its “straight
archepelgic baselines” pursuant to Article 47 of UNCLOS which prescribes among its
main elements, as follows: 1. By “joining the outermost points of the outermost islands
and drying reefs of the archipelago”, including the main islands and an area in which
the ratio of the area of the water to the land including atolls, is between 1 to 1 and 9 to
1. 2. Mainly, the length of such baselines “ shall not exceed 100 nautical miles…” 3.
“The drawing of such baselines shall not depart to any appreciable extent from the
general configuration of the archipelago.”
[b] The contention of Prof. Agaton is not correct at all. “Regime of islands” is a concept
provided in Article 121 of the UNCLOS. It is a definition of the island as “a naturally
formed area of land, surrounded by water which is above water at high tide.” On the
other hand, this provision is differentiated from “rocks” which cannot sustain human
habitation of their own. The importance of the difference between a natural island and
rock is that an island is provided with territorial sea, exclusive economic zone and
continental shelf. This is the difference by which RA 9522 introduced into the KIG and
separately Panatag or Scarborough Shoal is an island. “Regime of Islands”, has no
relevance to acquisition or loss of sovereignty. RA 9522 has the effect of possibility
dividing the area in question into island and rocks, apparently to make clear for each
the maritime zones involved in the definition of island or of rocks.
-XVIII-
Sec. 8, Article X of the 1987 Constitution provides that no elective official shall
serve for more than three (3) consecutive terms. Rule and explain briefly the
reason if the official is prohibited to run for another term in each of the following
situations:
(a) if the official is a Vice-Mayor who assumed the position of Mayor for the
unexpired term under the Local Government Code;
(b) if the official has served for three consecutive terms and did not seek a 4th
term but who won in a recall election;
(c) if the position of Mayor of a town is abolished due to conversion of the town
to a city; (d) if the official is preventively suspended during his term but was
exonerated; and (e) if the official is proclaimed as winner and assumes office
but loses in an election protest. (5%)
SUGGESTED ANSWER:
[a] In computing the three term limit, only the term for which the local official was
elected should be considered. The second sentence of Section 8, Article X of the
Constitution states that the voluntary renunciation shall not be considered as
interruption of the continuity of the service for the full term for which he was elected.
(Borja v. Commission on Elections, 295 SCRA 157 [1998]).
[b] A mayor who served three consecutive terms and did not seek a fourth term but ran
and won in the recall election can serve. Because the recall election was not an
immediate re-election. (Socrates v. Commission on Elections, 391 SCRA 547 [2002]).
[c] If the municipality in which a mayor served for three consecutive terms was
converted to a city, he cannot run as city mayor in the first election. For purposes of
applying the three term limit, the office of the municipal mayor should not be
considered as different from that of the city mayor. (Latasa v. Commission on Election,
417 SCRA 601[2003]).
[d] The temporary inability of an elective official to exercise his functions due to
preventive suspension is not an interruption of his term, because it did not involve loss
of title to the offie. (Aldovino, Jr. v. Commission on Elections, 609 SCRA 234 [2009]). [e]
If a candidate was proclaimed for three consecutive terms but did not serve it in full
because of loss in a election protest he is not disqualified. (Lonzanida v. Commission
on Elections, 311 SCRA 602 [1991]).
-XIX-
Fernando filed an administrative complaint against his co- teacher, Amelia,

claiming that the latter is living with a married man who is not her husband.
Fernando charged Amelia with committing "disgraceful and immoral conduct" in
violation of the Revised Administrative Code and, thus, should not be allowed to
remain employed in the government. Amelia, on the other hand, claims that she
and her partner are members of a religious sect that allows members of the
congregation who have been abandoned by their respective spouses to enter
marital relations under a "Declaration of Pledging Faithfulness." Having made
such Declaration, she argues that she cannot be charged with committing
immoral conduct for she is entitled to free exercise of religion under the
Constitution.
[a] Is Amelia administratively liable? State your reasons briefly. (2.5%)
[b] Briefly explain the concept of "benevolent neutrality." (2.5%) .
SUGGESTED ANSWER:
[a] Amelia is not administratively liable. There is no compelling state interest that
justifies inhibiting the free exercise of religious beliefs. The means used by the
government to achieve its legitimate objective is not the least intrusive means (Estrada
v. Escritor, 492 SCRA 1 [2006]).
[b] Benevolent neutrality means that with respect to governmental actions,

accommodation of religion may be permitted to allow individual and groups to exercise
their religion without hindrance. That is sought is not a declaration unsconstitutionality
of the law but an exemption from its application. ((Estrada v. Escritor, 492 SCRA 1
[2006]).
-XX-
Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the
power to "promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts xxx." Section
23 of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 provides
that "any person charged under any provision of this Act regardless of the
imposable penalty shall not be allowed to avail of the provision on plea-
bargaining." Patricio, a user who was charged with alleged sale of shabu but who
wants to enter a plea of guilt to a charge of possession, questions the
constitutionality of Sec. 23 on the ground that Congress encroached on the rule-
making power of the Supreme Court under Sec. 5, Article VIII. He argues that
plea-bargaining is procedural in nature and is within the exclusive constitutional
power of the Court. Is Patricio correct? Explain your answer. (5%)
SUGGESTED ANSWER: Patricio is not correct. Defining the penalty for criminal offense
involves the exercise of legislative power (People v. Dacuycuy, 173 SCRA 90 [1989]).
When Section 23 of the Comprehensive Dangerous Drugs Act prohibited plea-
bargaining, Congress defined what should be the penalty for the criminal offense. The
power of the Supreme Court to promulgate rules of procedure is subject to the
limitation that it should not modify substantive rights (Section 5(5), Article VIII of the
Constitution).
2017 BAR EXAMINATIONS

POLITICAL LAW Questions and Suggested Answers
Article XVII: Amendments and Revision
I.
A priority thrust of the Administration is the change of the form of government from
unitary to federal. The change can be effected only through constitutional amendment or
revision.
(a) What are the methods of amending the Constitution? Explain briefly each
method. (3%)
(b) Cite at least three provisions of the Constitution that need to be amended or
revised to effect the change from unitary to federal, and briefly explain why? (3%)
Suggested Answers:
(a) The following are the methods of amending the Constitution:
(i) By Constitutional Convention, where Article XVII, Section 3 of the

Constitution states, "The Congress may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a majority vote of all its
Members, submit to the electorate the question of calling such a
convention." Both houses shall vote separately, and the members includes
all those within the jurisdiction of the Congress.
(ii) By Constitutional Assembly, composed of all members of the bicameral

Philippine Congress (Senate and the House of Representatives). It is
convened by Congress to propose amendments to the 1987 constitution.
Under Article XVII of the Constitution of the Philippines, amendments
pass upon a vote of three fourths of all members of Congress, but it is not
clear if the Congress should vote as a single body or as separate houses.
(iii) Amendments to the Constitution may likewise be directly proposed by the

people through initiative upon a petition of at least twelve per centum of
the total number of registered voters, of which every legislative district
must be represented by at least three per centum of the registered votes
therein. No amendment under this section shall be authorized within five
years following the ratification of this Constitution nor oftener than once
every five years thereafter.
(b) The following Constitutional provisions that should be amended to effect the change
from unitary to federal are:
(i) Section 1, Article II which states, "The Philippines is a Democratic and

Republican State, sovereignty resides in the people and all government authorities
emanates from them"; This provision should be amended and the phrase
“Democratic and Republican state” should be changed into Federal Democratic
State.
(ii) Section 1, Article VI which states, "The Legislative Department shall be

composed of the House of Senate and the House of Representatives"; The
Bicameral composition of the Legislative department should transformed into a
Unicameral system.
(iii) Section 1, Article VII which states that, "Executive powers shall be vested to
the President"; There shall be a local government as may provided by law"; In this
provision, the executive powers should reside into a Prime Minister selected from
the members of the parliament.
Article XVI, Section 3: State Immunity from Suit
II.
A.
Under the doctrine of immunity from suit, the State cannot be sued without its consent.
How may the consent be given by the State? Explain your answer. (3%)
B.
The doctrine of immunity from suit in favor of the State extends to public officials in the
performance of their official duties. May such officials be sued nonetheless to prevent or to
undo their oppressive or illegal acts, or to compel them to act? Explain your answer. (3%)
C.
Do government-owned or -controlled corporations also enjoy the immunity of the State

from suit? Explain your answer. (3%)
Suggested answers:
(A) The consent to be sued is given by the State either expressly or impliedly.
There is express consent when there is a law enacted by the Congress expressly
granting to sue the State or any of its agencies.
There is implied consent when the State enters into a private contract, unless the
contract is merely incidental to the performance of a governmental function; when
the State enters into an operation that is essentially a business operation, unless the
business operation is merely incidental to the performance of a governmental
function; or when the State sues a private party, unless the suit is entered into only to
resist a claim.
(B) Yes. Although the immunity from suit of the State can be extended to public officials
in the performance of their official functions and duties, the rule is not absolute at
all.
The suit against the government officer must be in a case in which the ultimate
liability will belong to the officer, not to the government. Public officials cannot hid
under the veil of state immunity for the acts performed in connection with official
duties where they have acted ultra vires or where there is a showing of bad faith or
grave and patent negligence. In this case, the public official may be prevented or
ordered to undo the oppressive or illegal act or compelled to perform an act which is
legal. It is not the public official per se but his performance in line with his duty
which is being compelled or prevented thru petition for mandamus or prohibition.
(C) Yes. Government-Owned or-Controlled Corporations enjoy immunity from suit as

they are regarded as instruments of the State.
However, the rule does accept exemptions such as when the law creating the GOCC
provides for its suability or when it enters into a commercial contract, acts on its
proprietary capacity, sues or files a counterclaim , confiscates property in
expropriation, acts thru an agent or gives it consent to be sued.
Public International Law: Treaty: Pacta sunt servanda, Rebus sic stantibus
III.
State A and State B, two sovereign states, enter into a 10-year mutual defense treaty. After
five years, State A 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
prudent and deliberate in reacting to State C because of their existing trade treaties.
(a) May State A now unilaterally withdraw from its mutual defense treaty with State
B? Explain your answer. (2.5%)
(b) What is the difference between the principles of pacta sunt servanda and rebus sic
stantibus in international law? (2.5%)
(c) 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 treaty relations between
State B and State C? Explain your answer. (2.5%)
Suggested Answers:
(a) State A cannot unilaterally withdraw from its treaty obligations under the principle of
pacta sunt servanda upon which signatory States who entered in treaty must comply
with its obligation in good faith.
However, in invoking the principle of rebus sic stantibus, State A can unilaterally
withdraw from its treaty obligation with State B, on the ground that in such
withdrawal from the treaty, State A is protecting its existence from harm.
(b) Pacta sunt servanda as generally accepted principle of international law, requires
compliance of treaty obligations of signatory states in good faith irrespective of
constrains in its enforcement, while rebus sic stantibus demands the unitary withdrawal
or severance in the enforcement of state's treaty obligations, when impossibility to
comply intervenes. Under this principle of international law, if the change in
fundamental circumstance affects a signatory state, and to comply with the treaty
provisions would seriously jeopardize its own existence, a withdrawal is allowed
because its fundamental right to exist is stronger than its duty to comply with the
treaty.
(c) Yes. State A and B who are both signatories to the Mutual Defense Treaty must
comply with their treaty agreements as it is a norm in International law applying the
principle of pacta sunt servanda.
State B is also correct in invoking the principle of rebus sic stantibus in his relationship
with State A. The principle of rebus sic stantibus can be invoked by a signatory state in
a treaty when there is a vital change in the fundamental circumstance, and said
change and circumstance will affect the signatory state that for it to continue to
comply with his treaty obligation would seriously jeopardize its own existence. Also
the change in the fundamental circumstance has not been foreseen by state B during
the time it entered into a treaty agreement with state A.
As to the relations between State b and State C, both as signatories to their trade
treaties must comply with their treaty obligations under the principle of pacta sunt
servanda. However both states cannot invoke the principle of Rebus sic stantibus since
there is no fundamental change or circumstances present that could affect or
jeopardize their existence as a sovereign state.
Article VII, Section 19: Pardoning power of the President

IV.
A.
What is the pardoning power of the President under *Art. VIII, Sec. 19 of the Constitution?
Is the exercise of the power absolute? (4%)(*Should have been Article VII)
B.
Distinguish pardon from amnesty. (4%)
Suggested Answers:
(A) The pardoning power of the President under the 1987 Constitution includes pardon,
amnesty, commutation, reprieves, remit fines and forfeitures after conviction by final
judgment.
(B) Pardon can be granted by the President to offending criminals while amnesty may be
given to political offenders;
The former does not requires concurrence by the Congress while the latter does;
Pardon does not erase the crime committed but only the penalty and the civil liability
attached to it. Amnesty obliterates the effects of the offense hence the grantee is
cleanse from the commission of the offense;
Finally, pardon is given individually while amnesty is collectively granted.
Public International Law: Right of Legation a.k.a. Right of Diplomatic Intercourse
V.
(a) What is the right of legation, and how is it undertaken between states? Explain
your answer. (2%)
(b) Under this right, may a country like Malaysia insist that the Philippines establishes
a consulate in Sabah to look after the welfare of the Filipino migrants in the area?
Explain your answer. (2%)
Suggested Answers:
(a) Right of legation, also known as the right of diplomatic intercourse, refers to the
right of the State to send and receive diplomatic missions, which enables States to
carry on friendly intercourse. It is not a natural or inherent right, but exists only by
common consent. No legal liability is incurred by the State for refusing to send or
receive diplomatic representatives. Governed by the Vienna Convention on
Diplomatic Relations (1961).
The exercise of the right of legation is one of the most effective ways of facilitating
and promoting intercourse among nations. Through the active right of sending
diplomatic representatives and the passive right of receiving them, States arew able
to deal more directly and closely with each other in the improvement of their mutual
intercourse.
(b) No. Malaysia cannot insist as it is not a natural or inherent right. The right of
legation is purely consensual. The Philippines should give its consent. No legal
liability is incurred by refusing to send or to receive a diplomatic representative.
Article VII, Section 3:
VI.
A.
The President appoints the Vice President as his Administration's Housing Czar, a position
that requires the appointee to sit in the Cabinet. Although the appointment of the members
of the Cabinet requires confirmation by the Commission on Appointment (CA), the Office
of the President does not submit the appointment to the CA. May the Vice President validly
sit in the Cabinet? (2.5%)
Suggested Answer:
(A) Yes, as it is prescribed under Article VII, Section 3 (2) which states that “The Vice-
President may be appointed as a Member of the Cabinet. Such appointment requires no
confirmation.”
Article VI, Section 25 (5): Congress’ Power of the Purse, cross-border transfers:
in re: Araulo vs AquinoG.R. No. 209287, July 1, 2014
B.
The Executive Department has accumulated substantial savings from its appropriations.
Needing ₱3,000,000.00 for the conduct of a plebiscite for the creation of a new city but has
no funds appropriated soon by the Congress for the purpose, the COMELEC requests the
President to transfer funds from the savings of the Executive Department in order to avoid
a delay in the holding of the plebiscite.
May the President validly exercise his power under the 1987 Constitution to transfer funds
from the savings of the Executive Department, and make a cross-border transfer of
₱3,000,000.00 to the COMELEC by way of augmentation? Is your answer the same if the
transfer is treated as aid to the COMELEC? Explain your answer. (4%)
Suggested Answer:
(B) In Araullo vs Aquino (GR No. 209287, July 1, 2014), the Supreme Court (SC)
declared as unconstitutional the following act and practice under the DAP, to wit:
“The funding of Programs, Activities and Projects (PAPs) that are not covered by
any appropriation in the General Appropriations Act (GAA) since augmentation can
only be made from one existing item to another existing item into the budget.”
However, in a resolution dated February 3, 2015, the Sc partially granted the Motion
for reconsideration filed by the Office of the Solicitor General and allowed the
funding of PAPs not covered by any appropriation in the GAA.
Cross-border transfers are illegal as it was ruled in the Araullo case where the SC
declared that the cross-border transfers of the savings of the executive to augment
the appropriations of other offices outside the executive is an unconstitutional act.
.
Article VI, Sections 24 and 25: The Congress’ Power of the Purse:
General Appropriations Act: Limitations:
VII.
Give the limitations on the power of the Congress to enact the General Appropriations Act?
Suggested Answer:
As an implied limitation, an appropriation law in order to be valid must be devoted for

public purpose. No public money shall be spent for private gains only. For example, an
appropriation for the construction of roads inside a private subdivision is not allowed.
(Pascual vs. Secretary of Public Works and Communications).
Also, the following are the limitations on the power of the Congress to enact the General
Appropriations Act set forth in the 1987Constitution:
All appropriations bill shall originate from the House of Representatives.
Discretionary funds appropriated for particular officials shall be disbursed only for public
purpose to be supported by appropriate vouchers and subject to guidelines as may be
prescribed by law.
Special appropriations bill shall specify the purpose for which it is intended and shall be
supported by funds actually available as certified by the National Treasurer, or to be raised
by a corresponding revenue proposal included therein.
The Congress shall not increase the general appropriations recommended by the
President. Form, content and manner of preparation of the budget shall be prescribed by
law.
No "riders" or irrelevant provisions shall be included in the general appropriations bill.
The procedure in approving the appropriations for the Congress shall strictly follow the
same procedure for approving appropriations for other departments and agencies.
Transfer of appropriations shall not be allowed but the President, Senate President,
Speaker of the House of Representatives, Chief Justice and heads of Constitutional
Commissions may be authorized to augment any item in the general appropriations law for
their respective agencies from savings in other items of their respective appropriations.
Prohibition against the use of public funds or property for sectarian purposes.
Old general appropriations act is deemed re-enacted if the Congress fails to pass a new
general appropriations bill.
All money collected on any tax levied for a special purpose shall be treated as a special
fund and paid out for such purpose only.
Article XII, Section 2: Jure Regalia: Regalian Doctrine.
VIII.
A bank acquired a large tract of land as the highest bidder in the foreclosure sale of the
mortgaged assets of its borrower. It appears that the land has been originally registered
under the Torrens system in 1922 pursuant to the provisions of the Philippine Bill of 1902,
the organic act of the Philippine Islands as a colony of the USA. Sec. 21 of the Philippine
Bill of 1902 provided that "all valuable mineral deposits in public lands in the Philippine Islands, both
surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation and purchase, and
the land in which they are found to occupation and purchase, by citizens of the United States, or of said
Islands." Sec. 27 of the law declared that a holder of the mineral claim so located was entitled
to all the minerals that lie within his claim, but he could not mine outside the boundary lines
of his claim.
The 1935 Constitution expressly prohibited the alienation of natural resources except
agricultural lands. Sec. 2, Art. XII of the 1987 Constitution contains a similar prohibition,
and proclaims that all lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources are owned by the State. This provision enunciates the
Regalian Doctrine.
May the Government, on the basis of the Regalian Doctrine enunciated in the constitutional
provisions, deny the bank its right as owner to the mineral resources underneath the surface
of its property as recognized under the Philippine Bill of 1902? Explain your answer. (5%)
Suggested Answer:
No. The government may not deny the mineral right vested upon the bank.
Pursuant to the Philippine Bill of 1902, therefore, once a mining claim was made or a
mining patent was issued over a parcel of land in accordance with the relative provisions of
the Philippine Bill of 1902, such land was considered private property and no longer part of
the public domain. The claimant or patent holder was the owner of both the surface of the
land and of the minerals found underneath.
Since the 1902 Philippine Bill recognized private ownership over the minerals underneath,
the subsequent ratification of 1935 and 1987 Constitutions cannot take it away for vested
right had already set in.
Public International Law: Treaties: Diplomatic Immunity: Extradition proceedings
Article II, Section 2:
IX.
A.
Ambassador Robert of State Alpha committed a very serious crime while he headed his
foreign mission in the Philippines. Is he subject to arrest by Philippine authorities? Explain
your answer. (3%)
B.
Extradition is the process pursuant to a treaty between two State parties for the surrender by
the requested State to the custody of the requesting State of a fugitive criminal residing in
the former. However, extradition depends on the application of two principles - the principle
of specialty and the dual criminality principle. Explain these principles. (4%)
C.
The President signs an agreement with his counterpart in another country involving
reciprocity in the treatment of each country's nationals residing in the other's territory.
However, he does not submit the agreement to the Senate for concurrence.
Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement shall
be valid and effective without such concurrence.
Is the agreement signed by the President effective despite the lack of Senate concurrence?
Suggested Answers:
(A) As a general rule, he is not subject to arrest. Being an Ambassador of a foreign State
he is immune from arrest and exempted from criminal prosecution by virtue of their
diplomatic immunity, which is also absolute in nature. Through their diplomatic
immunity, they are exempted from criminal prosecutions except when the very
serious crime relates to crimes against international law.
(B) In principle of specialty, a person extradited to the requesting state may be tried and
punished only for the offense for which extradition had been sought and granted.
While in principle of dual criminality, the crime subject of request for extradition
must be punishable in both the requesting state and the requested state.
(C) Yes. The agreement entered into by the President is executive agreement which
needs no concurrence of the Senate, not a treaty or international agreement as
provided in Sec. 21, Art. VII of the Constitution.
Article VI: Legislative Department: Enrolled Bill doctrine: Bill Enactment.
X.
A.
Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of
Representatives and the President of the Senate and the certification by the secretaries of
both Houses of Congress that the bill was passed on a certain date are conclusive on the
bill's due enactment. Assuming there is a conflict between the enrolled bill and the legislative
journal, to the effect that the enrolled bill signed by the Senate President and eventually
approved by the President turned out to be different from what the Senate actually passed as
reflected in the legislative journal.
(a) May the Senate President disregard the enrolled bill doctrine and consider his
signature as invalid and of no effect? (2.5%)
(b) May the President thereafter withdraw his signature? Explain your answer. (2.5%)
Suggested Answers:
(a) No. The enrolled bill became a law already. It has to be repealed by a subsequent law,
except when the signature was attained due to fraud or other illegal circumstances
which appears that the enrolled bill is totally different from that which was intended
as reflected in the journal.
(b) Yes, in this extra ordinary situation, the President may withdraw his signature to
avoid constitutional or legal impediment
B.
Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of
Congress shall become a law unless it has passed three readings on separate days and printed
copies of it in its final form have been distributed to the Members of the House three days
before its passage.
Is there an exception to the provision? Explain your answer. (3%)
Suggested Answer:
(B) Yes, there is an exception to the abovementioned provision. When the President
certifies the urgency and necessity of the enactment of a bill into law to meet a public
calamity or emergency or for the advancement of the people, the (1) printing
requirement and (2) readings on separate days may be dispensed. However, this does
not guarantee that a bill will be passed. It only speeds up the procedure.
Artcile VI, Section 17: Jurisdiction of Electoral Tribunals.
XI.
Sec. 17, Art. VI of the Constitution establishes an Electoral Tribunal for each of the Houses
of Congress, and makes each Electoral Tribunal "the sole judge of all contests relating to the
election, returns, and qualifications of their respective Members." On the other hand, Sec.
2(1), C (Commission on Elections), Art. IX of the Constitution grants to the COMELEC
the power to enforce and administer all laws and regulations "relative to the conduct of an
election, plebiscite, initiative, referendum, and recall."
Considering that there is no concurrence of jurisdiction between the Electoral Tribunals and
the COMELEC, state when the jurisdiction of the Electoral Tribunals begins, and the
COMELEC's jurisdiction ends. Explain your answer. (4%)
Suggested Answer:
The jurisdiction of the Electoral Tribunal as the sole judge of all contests relating to
the election, returns and qualifications of its members commences when the said members
have already been (1) validly proclaimed, (2) taken oath and (3) assumed office. Here, the
jurisdiction of the COMELEC as the sole judge of all contests relating to the election,
returns and qualifications also ceases.
In the absence of any of the mentioned requisites, the jurisdiction of the COMELEC
as the sole judge of all contests relating to the election, returns and qualifications continues.
In short, pre-proclamation is under the jurisdiction of the COMELEC and it ends

after post proclamation of the winning candidates.
Article IX-D, Sec. 2(1):
XII.
The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive
foreign donations coming from abroad during national and local calamities and disasters, and
to enable the unhampered and speedy disbursements of the donations through the mere
action of its Board of Directors. Thereby, delays in the release of the donated funds
occasioned by the stringent rules of procurement would be avoided. Also, the releases would
not come under the jurisdiction of the Commission on Audit (COA).
(a) Is the law establishing Philippine Funds, Inc. constitutional? Explain your answer.
(3%)
(b) Can the Congress pass the law that would exempt the foreign grants from the
jurisdiction of the COA? Explain your answer. (3%)
Suggested Answers:
(a) No. All GOCCs should be subject to COA regardless of their incorporation. Funds
received by the government by means of any of its proprietary act, or through its
power of taxation, or through any gratuitous act shall accrue to the national treasury.
All funds accrued to the national treasury are public funds, subject to the jurisdiction
of COA. The Congress are the only governmental department vested with the power
of appropriation and such power cannot be delegated to any department or
instrumentalities of the government.
(b) No. All donations especially foreign aids/grants cannot be without the jurisdiction of
COA.
Article VII, Section 18: Commander-in-Chief clause: Command Responsibility
XIII.
Command responsibility pertains to the responsibility of commanders for crimes committed by

subordinate members of the armed forces or other persons subject to their control in
international wars or domestic conflicts. The doctrine has now found application in civil
actions for human rights abuses, and in proceedings seeking the privilege of the writ
of amparo.
(a) What are the elements to be established in order to hold the superior or
commander liable under the doctrine of command responsibility? (4%)
(b) May the doctrine of command responsibility apply to the President for the abuses of
the armed forces (AFP and PNP) given his unique role as the commander-in-chief of
all the armed forces? Explain your answer. (4%)
Suggested Answers:
(a) In the decided case of Saez vs Macapagal-Arroyo, , citing the decision in Noriel rodriguez
vs Macapagal-Arroyo, G.R. No. 191805, November 15, 2011, the following elements must
be established to to hold someone liable under the doctrine of command
responsibility: (i) The existence of a superior-subordinate relationship between the
accused as superior and the perpetrator of the crime as his subordinate; (ii) the
superior knew or had reason to know that the crime was about to be or had been
committed; and (iii)the superior failed to take the necessary and reasonable measures
to prevent the criminal acts or punish the perpetrators itself.
(b) Yes, the President may be held liable for the abuses made by the armed forces under
the doctrine command responsibility. It is stated in the decision held by the Supreme
Court in the case of Saez vs Macapagal-Arroyo, Gr No. 183533, Sept. 25, 2012, that
“pursuant to the doctrine of command responsibility, the President, as the
Commander-in-Chief of the AFP, can be held liable for affront against the
petitioners life, liberty and security as long as substantial evidence exist to show that
she had exhibited involvement in or can be imputed with knowledge of the
violations, or had failed to exercise necessary and reasonable diligence in conducting
the necessary investigations required under the rules.”
Article VI, Section 25 (6), and Section 29 (2)
XIV.
To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the President
requested his friend, Pastor Roy, to devote his ministry to them. The President would pay
Pastor Roy a monthly stipend of ₱50,000.00 from his discretionary fund, and would also
erect a modest house of worship in the locality in an area of the latter's choice.
Does the President thereby violate any provisions of the Constitution? Explain your answer.
(3%)
Suggested Answer:
Yes, the President has violated the provision under Section 25(6), Article VI of the
Constitution under which, it provides that discretionary funds appropriated for particular
officials shall be disbursed only for public purpose. The act of the President in relation to his
discretionary funds id an act of spending for his personal benefit which is contrary to public
interest.
Also, the President also violated the provision under Section 29 (2), Article VI of the
Constitution which states that “No public money or property shall be appropriated, applied,
paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest, preacher, minister,
or other religious teacher, or dignitary as such, except when such priest, preacher, minister,
or dignitary is assigned to the armed forces, or to any penal institution, or government
orphanage or leprosarium. ”
Article VIII, Section 3: Fiscal Autonomy of the Judiciary.
Article XI, Section 9: Qualifications of Ombudsman.
Article XI, Section 3: Impeachment: Initiation
XV.
A.
According to Sec. 3, Art. VIII of the Constitution, the Judiciary shall enjoy fiscal autonomy.
What does the term fiscal autonomy signify? Explain your answer. (3%)
B.
May a complaint for disbarment against the Ombudsman prosper during her incumbency?
C.
Sec. 3, Art. XI of the Constitution states that "[n]o impeachment proceedings shall be
initiated against the same official more than once within a period of one year."
What constitutes initiation of impeachment proceedings under the provision? (3%)
Suggested Answers:
(A) Fiscal autonomy signifies the independence of judiciary to utilize the funds allocated
therein. It refers to the independence of a branch of government to utilize the funds
allocated to it in order to attain its governmental objective.
Fiscal autonomy means that the approved annual appropriations of the Judiciary
shall be released automatically without imposing any condition before releasing the
funds.
Furthermore, in the case of the Judiciary, the Congress is prohibited from reducing
the appropriations below the amount appropriated for them for the previous year.
(B) No. The Ombudsman is immune from suits. The Ombudsman should be ousted
first through impeachment to remove the immunity and only then the disbarment
case will go through.
For the disbarment case to prosper, the Ombudsman must first be removed from
office via impeachment. (Ombudsman vs. CA and Mojica, G.R. No. 146486. March 4,
2005)
An impeachable Officer who is a member of the Philippine Bar cannot be disbarred

without first being impeached (Jarque v. Desierto, AC No. 4509)
(C) It is held in the case of Francisco vs House of Representatives 415 SCRA 44; G.R. No.
160261; 10 Nov 2003, that an impeachment complaint is initiated when a verified
complaint is filed and referred to the Committee on Justice for action.
-NOTHING FOLLOWS-

Political Law Compilation Bar Q&a 1987-2017 PDF

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Political Law Compilation Bar Q&a 1987-2017 PDF

Hochgeladen von

Copyright:

Verfügbare Formate

COMPILATION OF THE

POLITICAL LAW BAR

From the ANSWERS TO BAR EXAMINATION QUESTIONS

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 1

It is also very good karma.

of typographical errors in this work.

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 2

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 13

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 14

Exclusive Economic Zone; Rights of the Territory & Government (1996)

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 17

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 24

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 43

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 44

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 52

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 54

ALTERNATIVE ANSWER: Rights of the Accused; Presumption of

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 57

SUGGESTED ANSWER: At the initial hearing of the administrative

Searches and Seizures; Warrants of Arrest ARTICLE IV Citizenship

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 74

Electoral Tribunal; Senate; Jurisdiction Section 4, Article XVIII of the Constitution

Multi-Party System (1999) Non-Legislative Powers; Emergency

Qualifications; Congressmen; (1999) Separation of Powers (1988)

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 86

The President cannot, by means of the Martial Law; Limitations (2000)

Pardoning Power; Amnesty (1993) Pardoning Power; Breach of Condition;

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 99

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 101

If the projected lawsuit will be based on Jurisdiction of HLURB (1993)

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 106

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 107

The career service includes:

SUGGESTED ANSWER: Election Protest (1990)

A loser may still bring an election contest (B) ELECTION CONTESTS

(b) How would you rule on whether or not ALTERNATIVE ANSWER:

2.) Under Section 118(d) of the Local Devolution of Power (1999)

Discipline; Clemency; Doctrine of

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 133

(b) Can the CHR issue an "order to desist"

Education; Academic Freedom (1989)

Education; Teaching of Religion (1999)

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 156

Amendments and Revisions; Modes (1997)

Transitory Provisions; Foreign Military PUBLIC INTERNATIONAL LAW

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 160

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 161

Diplomatic Immunity; Ambassadors (1990)

Int’l Court of Justice; Limitations On

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006) 184

AGENCY under the administrative code

Questions and Suggested Answers

PHILIPPINE BAR EXAMINATIONS 2007-2013

Salise, Hector Christopher “Jay-Arh” Jr. M.

(University of San Jose-Recoletos School of Law)

ANSWERS TO BAR EXAMINATION QUESTIONS by the

PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

The author was inspired by the work of Silliman University’s

Everyone is free to distribute and mass produce copies of this

The answers (views or opinions) presented in this reviewer are

ARTICLE I National Territory

Archipelagic Doctrine (2013)………………………………………………………………...................10

Archipelagic Doctrine (2009)……………………………………………………………………………….11