a] A law making Bayan Ko the new national anthem of the Philippines, in lieu of Lupang Hinirang, is constitutional. ANSWER: TRUE.

Art XVI Sec 2 of the 1987 Constitution provides that the Congress may do so as long as the other conditions are met. The new national anthem shall be "truly reflective and symbolic of the ideals, history, and traditions of the people" and "shall take effect only upon its ratification by the people in a national referendum" Under the archipelago doctrine, the waters around, between, and connecting the islands of the archipelago form part of the territorial sea of the archipelagic state. [b]ANSWER: TRUE. The archipelago doctrine has been sanctioned by the UN Convention on Law of the Seas (UNCLOS). The waters around, between, and connecting the islands of the archipelago are part of the territorial sea subject to the right of innocent passage. [c] A law that makes military service for women merely voluntary is constitutional. ANSWER: I'm not sure with this one, but I think this is against the equality principle. Further, in Art II of the Constitution, it is the duty of the people to defend the State when the government calls upon them. All citizens may be required, under conditions provided by law, to render personal military,or civil service. [d] A law fixing the passing grade in the Bar examinations at 70%, with no grade lower than 40% in any subject, is constitutional. ANSWER: FALSE. Although law making is inherent in the Legislative, such law would infringe with the Supreme Court's constitutional right to promulgate rules concerning the admission to the practice of law and the Integrated Bar. [e] An educational institution 100% foreign-owned may be validly established in the Philippines. [a] petition for disqualification [b] without finality of decision for disqualification, he may be substituted by a person endorsed by the political party of which he is a member [c] quo warranto proceedings

"The disapproval of the ordinance is not correct. The Sangguniang Panlalawigan cannot validly disapprove the ordinance of the municipality expropriating a parcel of land establishing a freedom park. The power of eminent domain is explicitly granted to the municipality under the Local Government Code.

Motion to dismiss invoking state immunity from suit is hereby denied. Local government unit and their officials are not exempt from liability for death or injury to persons or damage to property (Sec. 24, RA 7160) hence, liability of the municipality for injuries due to dilapidated window frame of the municipal hall attaches as the latter exercises control over said building. a. Police power is the inherent power of the State to regulate use of liberty and property. Thus, the absolute ban on gambling may be attacked as being contrary to the concept of police power. B. The power to tax may be used as an implement of police power or as a regulatory instrument. If it is used as regulatory tool, then it should not be allowed to confiscate or destroy. If used as an implement of police power, then it could destroy or weed out business activities inimical to public interests. In this case, since the intent of the Congress is to address the gambling problem, then it is safe to assume that the power to taxation here is used as an implement of police power and not regulatory.

The objection is without merit. The videotape was not taken in violation of his right to privacy as the same was captured in a public place and in consonance with the security rules of the hotel. Neither the wiretapping law was violated because there was no private conversation between the accused and the victim. a. Arrest was valid on the ground of stop-and-frisk rule. As established by jurisprudence, police officers are authorized to stop any person of dubious personality and frisk him for deadly weapons provided that the circumstances of the place is such as would warrant the reasonable presumption that a crime has been committed by the person sought to be arrested. In the instant case, the place is notorious for its rampant drug-dealings. b. Stop-and frisk-rule is a recognized exception to warrantless search and seizures. Thus, the search being valid, any evidence obtained incidental thereto is admissible in evidence. a. the motion to quash the subpoena should be denied. legislative inquiry is a separate and distinct investigation from those of criminal or civil actions even if it deals with the same subject matter. b. testifying in a legislative inquiry will not violate their right against self-incrimination as it is not a judicial proceeding. c. no, the BSP governor cannot invoke executive privilege.
a. He is a natural-born citizen, under the principle that he can only reacquire what he lost. b. Shirley will not ipso facto acquire Philippine citizenzhip. She has to undergo naturalization proceedings and show that she has none of the disqualifications under the Philippine naturalization law.

c. Only Luisa will ipso facto acquire Philippine citizenhip of his father upon the latter's taking of oath of allegiance. Only minor children will automatically acquire the citizenship of their father.

a. FALSE. Aliens may own private lands in the Philippines if they acquired the property through hereditary succession. Also, natural-born Filipino citizens who lost their Philippine citizenship may be transferees of private lands, subject to limitations provided by law. b. FALSE. The rule is that a de facto officer who possessed public office in good faith and discharged the duties pertaining thereto is legally entitled to the emoluments of the office and may in appropriate action recover the salary, fees and other compensations attached to the office only in cases where there is no de jure officer. c. TRUE. In a case (NAMARCO v. ARCA), the Supreme Court ruled that corporations owned or controlled by the government partake of the nature of government bureaus or offices and are covered by the President s power of control. Moreover, since government-owned and controlled corporations are part neither of the legislative branch nor of the judicial branch, and since they are neither one of the constitutional bodies nor are they local government units, then they are part of the executive branch and subject to the control of the President. d. FALSE. The Ombudsman has the authority to impose administrative penalties. The scope of the authority of the Ombudsman in administrative cases as defined under the Constitution and the Ombudsman Act is broad enough to include the direct imposition of the penalty of removal, suspension, demotion, fine or censure on an erring public official or employee. e. TRUE. Dual citizenship arises when a person is simultaneously considered a national by two states as a result of the concurrent application of the different laws of the said two states, while dual allegiance refers to the situation in which a person simultaneously owes, by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual allegiance is the result of an individual s volition. a. William is not subject to criminal jurisdiction of the Philippines in this case inasmuch as the offense took place inside US embassy, an extension of US sovereignty. b.William was not denied his Miranda rights. The local authorities had no authority in the first place in apprehending him. thus, the reading of such rights is immaterial under the circumstances. c. Bail is a matter of right in all criminal cases, except for capital offenses where the evidence of guilt is strong. However in this case, no case was filed against him in court. Thus, there is no need for him to file petition for bail.

a) yes. under the principle of pre-emptive self defense the state may protect itself from the serious threats advance by any state or lawless groups. (this is the principle that the US government used to justify the iraq and afghanistan invasion). b) Phil. government is correct. this is a valid intervention in international law. (public international law reviewer by atty. sarmiento) c) terrorists are correct. only states and organization with international personality can be parties in international tribunal. (note: the philippines does not ratify the rome statute as of this date)

think for subquestion a, you cant just answer that there was no prior restraint based on the cases you cited. Based on the question, there is no showing of any clear and present danger that the state has a right to prevent (Iglesia v ca). Hence, the mere fact that there were rulings in favor of the MTRCB's imposition of restraints does not mean that all restraints the MTRCB imposes are valid.

For letter a, reading the case of Estrada v. Escritor decided August 4, 2003 will be of great help. Ans.: Yes. Freedom of religion is paramount to admin rules and regulations. For letter b, freedom of religion as well as separation of Church and State. The case will not prosper. [a] If FCC hires you as lawyer, what defense or defenses would you set up in order to resist the expropriation of the property? Explain. (5%) I will move to dismiss the complaint on the ground of invalid exercise of the power of eminent domain. Sec. 19 of R.A. # 7160, one of the requisites for a local gov. unit to validly exersice eminent domain is that "an ordinance must first be enacted authorizing the local chief executive to exersice said power. Hence, in view of the failure on the part of the sangguniang panglungsod to enact such an ordinance, the same cannot validly expropriate the property in question. [b] If the Court grants the City's prayer for expropriation, but the City delays payment of the amount determined by the court as just compensation, can FCC recover the property from Pasig City? Explain. (2%) No. FCC cannot recover possesion of its expropriated property. Being an in rem proceeding, condemnation acts against the property. However, in view of the delay, title to the said property remains in FCC until payment is made.

Furthermore, FCC is entitled to interest from the time of actual taking up to the time of actual payment of the expropriated property. ( Reyes, et al. vs. NHA, 2003) [c] Suppose the expropriation succeeds, but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot, can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not? (2%) Yes. If the condemning authority ceases to use the property for public purpose, property reverts to the owner in fee simple. (Heirs of Moreno v. MCIA, 2005)
Under Section 2, Article 17 of the 1987 Constitution, amendment to the constitution may 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 voters therein.