Political Law Q&As (2007-2013) [email protected] Jayarhsals

Political Law Q&As (2007-2013) Hectorchristopher@Yahoo.Com Jayarhsals

Political Law Q&As (2007-2013) [email protected] JayArhSals

A Compilation of the

Questions and Suggested Answers

In the

PHILIPPINE BAR EXAMINATIONS 2007-2013

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)

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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

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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

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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

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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

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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

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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

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Education; Academic Freedom (2008) ………………………………………………………………….82

Education; Academic Freedom (2007) ………………………………………………………………….82

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

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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

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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

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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 ARTICLE II Declaration of Agreement with CBM, a private domestic 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)

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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

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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).

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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%).

ALTERNATIVE ANSWER: SUGGESTED ANSWER:

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

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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,

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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 (FCC), a local manufacturer of computers condemned for a private purpose, not a 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:

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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

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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 reacquire 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

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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:

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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

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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

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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

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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

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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

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%)

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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 that a governmental purpose may not be Hemisphere Engagement Network, Inc. achieved by means in a statute which vs. Anti-Terrorism Council, 632 SCRA sweep unnecessary broadly and thereby 146.) (NOTE: The word “overbreath” invades the area of protected freedom a should read “overbreadth” because 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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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%).

ALTERNATIVE ANSWER: SUGGESTED ANSWER:

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

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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

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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]).

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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

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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)

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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.

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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

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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

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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,

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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

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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]).

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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

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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

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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

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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

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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

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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

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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%)

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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, 3rd 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

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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

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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) ARTICLE VIII Judicial No. VIII. Distinguish “presidential communication privilege” from “deliberative Department process privilege.” Judicial Department; Judicial Service SUGGESTED ANSWER: (2013)

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

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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,

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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

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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

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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

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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.)

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(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)

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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).

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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

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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.

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(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.)

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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 Election Laws recommendation of the Board of Pardons 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:

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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

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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

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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

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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

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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

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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

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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:

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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

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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

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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

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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.

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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 ARTICLE XII National suicide. His family sued the school for 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, Arts 230 SCRA 761).

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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.

Education; Academic Freedom (2007) Education; Academic Freedom (2008)

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

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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:

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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

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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 writing by the parents or guardians, those who seek some form of 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 authorities of the religion to which the shoulder part of the cost of promoting 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 determination of the private schools. their children instructed in their own religious faith during class hours. The

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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 or Revisions For classification to be valid the 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).

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PUBLIC INTERNATIONAL LAW Amendments; People’s Initiative (2009)

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:

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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

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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

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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

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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:

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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:

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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,

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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

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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

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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

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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

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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

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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

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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.

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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

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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:

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(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;

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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:

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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;

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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;

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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

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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;

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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

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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:

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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

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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;

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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

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(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

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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.

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(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.

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(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

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(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

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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

(D) is appealable to the Commission (B) petitions for habeas corpus. on Elections.

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(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

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(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.

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(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.

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(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

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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.

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(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.

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(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

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(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

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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

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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?

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(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

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(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.

(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

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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

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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

(D) he is convicted of a bailable (B) to secure shopping malls against offense. terrorists.

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(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

(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

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(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

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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.

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(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

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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

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(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

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(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.

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(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

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