Bar Questions in Political Law

Political Law and Public International Law Bar Qs – Carlo L Cruz ©
BAR QUESTIONS IN POLITICAL LAW shall exercise jurisdiction over all cases which
the parties refer to it and all matters specially
2010
provided for in the Chapter of the United
I. Nations or in treaties and conventions in force,
including all legal disputes concerning the
The dictatorial regime of President A of the interpretation of a treaty, any question of
Republic of Gordon was toppled by a international law, the existence of any fact
combined force led by Gen. Abe, former which, if established, would constitute a
royal guards and the secessionist Gordon breach of an international obligation, and the
People’s Army. The new government nature or extent of the reparation to be made
constituted a Truth and Reconciliation for the breach of an international obligation.
Commission to look into the serious crimes (UN Charter, Article 36) It may likewise give
committed under President A’s regime. advisory opinions on any legal question at the
After the hearings, the Commission request of whatever body may be authorized
recommended that an amnesty law be by or in accordance with the Charter of the
passed to cover even those involved in United Nations.
mass killings of members of indigenous
groups who opposed President A. III.
International human rights groups argued
A, a British photojournalist, was covering
that the proposed amnesty law is contrary
the violent protest of the Thai Red-Shirts
to international law. Decide with reasons.
Movement in Bangkok. Despite warnings
A: The proposed amnesty can be considered as given by the Thai Prime Minister to
contrary to international law. foreigners, specially journalists, A moved
around the Thai capital. In the course of his
The mass killings of members of coverage, he was killed with a stray bullet
indigenous groups constitutes genocide, which was later identified as having come
which is universally and customarily from the ranks of the Red-Shirts. The wife
recognized as a crime, and as acknowledged of A sought relief from Thai authorities but
and defined in several international was refused assistance.
covenants, among them being the Convention
for the Prevention and Punishment of the A. Is there state responsibility on the
Crime of Genocide and the Rome Statute of the part of Thailand?
International Crime Court. B. What is the appropriate remedy
available to the victim’s family
II. under international law?
Compare and contrast the jurisdiction of A:
the International Criminal Court and
International Court of Justice. A. The Thai Government is liable.
Under the Doctrine of State
A: The International Criminal Court is a Responsibility, a state may be held
permanent tribunal which prosecutes responsible for an international
individuals for genocide, crimes against delinquency directly or indirectly
humanity, war crimes, and the crime of imputable to it which causes injury to
aggression. the national of another state. It may be
The International Court of Justice is held liable if it does not make
the judicial organ of the United Nations which reasonable efforts to prevent injury to
Sison, PKD.
the alien or, having done so b. Cannot curtail migration from the
unsuccessfully, as in this case, fails to offending state.”
repair such injury by employing the c. Can expel the nationals of the
necessary diligence to arrest and offending state.”
punish the malefactors or otherwise d. Should apply proportionate
redress the wrong committed. response within appreciable limit.”
e. None of the above
Although A’s death is not
directly imputable to the Thai A: D.
Government, its “refusal” to assist his
Retorsion, as understood in
wife when she “sought relief” for her
International Law, is a retaliation by a state
husband’s death constitutes a failure
where the acts complained of do not constitute
to employ the necessary diligence to
a legal ground of offense but is rather in the
arrest and punish the malefactors or
nature of an unfriendly act done primarily in
otherwise redress the wrong
pursuance of legitimate state interests but
committed. It is established that a state
indirectly hurtful to other states. This act of
can be held liable for its indifference in
retaliation is also unfriendly but not illegal and
preventing or punishing a crime. In
may be in kind or of a different nature than the
such a case, it can be considered as
act thar provoked it.
having connived in effect in its
commission. This would be true It is generally acknowledged as a
notwithstanding A’s contributory measure of self-defense and therefore should
negligence. be limited by necessity and should be
proportionate to the act complained of.
B. The victim’s family may resort to
diplomatic protection and seek the V.
assistance of Great Britain, which may
file an international claim for damages, Congresswoman A is a co-owner of an
but only after the family shall first have industrial estate in Sta. Rosa Laguna which
exhausted all local remedies without sha had declared in her Statement of Assets
success. and Liabilities. A member of her political
party authored a bill which would provide
This claim may also be a 5-year development bill which would
resolved through negotiation or, if this provide a 5-year development plan for all
fails, any of the other methods of industrial estates in the Southern Tagalog
settling disputes, like good offices, Region to attract investors. The plan
arbitration and judicial settlement. included an appropriation of 2 billion
pesos for construction of roads around the
IV.
estates. When the bill finally became law, a
Choose the statement which appropriately civil society watchdog questioned the
completes the opening phrase: constitutionality of the law as it obviously
benefitted Congresswoman A’s industrial
“A State which resorts to retorsion in
estate. Decide with reasons.
international law
A: The constitutional challenge is without
a. Must ensure that all states consent
merit.
to its act.”
Sison, PKD.
Congresswoman A, consistent with the would entitle Congress to pre-empt

provisions of Section 12 of Article VI of the the executive department’s
Constitution, duly disclosed in her Statement implementation of a law.
of Assets and Liabilities her co-ownership of Moreover, the requirement
the subject industrial estate upon her that the implementation of a law
assumption into office. She did not author the would be subjected to approval by the
questioned law and was therefore not obliged Congress, through its Joint-
to notify the House of Representatives of the Congressional Oversight Committee,
potential conflict of interest arising from her which is, as in this case, authorized “to
co-ownership of the same. screen the list of beneficiary families
initially determined by the Secretary
VI.
of Department of Social Welfare and
The “Poverty Alleviation and Assistance Development pursuant to the
Act” was passed to enhance the capacity of Department implementing rules,”
the most marginalized families would violate the cardinal
nationwide. A financial assistance scheme constitutional principles of
called “conditional cash transfers” was bicameralism and the rule on
initially funded 500 million pesos by presentment. (Macalintal v. COMELEC,
Congress. One of the provisions of the law Abakada Guro Partylist v. Purisima)
gave the Joint-Congressional Oversight
VII.
Committee authority to screen the list of
beneficiary families initially determined True or False.
by the Secretary of Department of Social
a. A proclamation of a state of
Welfare and Development pursuant to the
emergency is sufficient to allow the
Department implementing rules. Mang
President to take over any public
Pandoy, a resident of Smokey Mountain in
utility.
Tondo, questioned the authority of the
Committee. A: False.
a. Does Mand Pandoy have legal Basis: Article XII, Sec. 17 is not a self-executing
standing to question the law? provision. There must be a law authorizing the
b. Is the grant of authority to the President to take over any public utility.
Oversight Committee to screen (David v. Arroyo)
beneficiaries constitutional?
b. A treaty which provides tax
Decide with reasons. exemption needs no concurrence by
a majority of all the Members of the
A:
Congress.
a. Yes, Mang Pandoy has legal standing to
A: False.
question the law, as he is among those
who may be directly benefited by the Basis: There are constitutional provisions that
same, and may, in turn, suffer a direct limit the President’s prerogative in concluding
injury in case of its defective or international agreements, such as: a. The
deficient implementation. policy of freedom from nuclear weapons
b. No, such grant would partake of the within Philippine territory; b. The fixing of
nature of a legislative veto, and would tariff rates, import and export quotas, tonnage
therefore be unconstitutional, as it and wharfage dues, and other duties or
Sison, PKD.
imposts, which must be pursuant to the making prerogative of executive officials

authority granted by Congress; c. The grant of and is based on common law privilege.
any tax exemption, which must be
Unlike the deliberative process
pursuant to a law concurred in by a
privilege, the presidential
majority of all the Members of Congress; d.
communications privilege applies to
The contracting or guaranteeing, on behalf of
documents in their entirety, and covers
the PH, of foreign loans that must be
final and post-decisional materials as well
previously concurred in by the Monetary
as pre-deliberative ones. As a
Board; e. The authorization of the presence of
consequence, congressional or judicial
foreign military bases, troops, or facilities in
negation of the presidential
the country must be in the form of a treaty duly
communications privilege is always
concurred in by the Senate; f. For agreements
subject to greater scrutiny than denial of
that do not fall under paragraph 5, the
the deliberative process privilege. (Neri v.
concurrence of the Senate is required, should
Senate Committee on Accountability of
the form of the government chosen be a treaty.
Public Officers)
(Saguisag v. Executive Secretary)
IX
VIII.
The League of Filipino Political Scientists
Distinguish “presidential communications
(LFPS) organized an international
privilege” from “deliberative process
conference on the human rights situation
privilege.”
in Myanmar at the Central Luzon State
A: The Presidential Communications Privilege University (CLSU). An exiled Myanmar
applies to the decision-making prerogative of professor Sung Kui, critical of the military
the President. Its elements are – government in Myanmar, was invited as
keynote speaker. The Secretary of Foreign
a. The protected communication must
Affairs informed the President of the
relate to a “quintessential and non-
regional and national security implications
delegable presidential power.”
of having Prof. Kui address the conference.
b. The communication must be authored
The President thereupon instructed the
or “solicited and received” by a close
immigration authorities to prevent the
advisor of the President or the
entry of Prof. Kui into Philippine territory.
President himself. The judicial test is
The chancellor of CLSU argued that the
that an advisor must be in “operational
instruction violates the Constitution.
proximity” with the President.
Decide with reasons.
c. The presidential communications
privilege remains a qualified privilege A: The instruction of the President is not
that may be overcome by a showing of unconstitutional.
adequate need, such that the
Every sovereign power has the
information sought “likely contains
inherent right to exclude from its territory
important evidence” and by the
upon such grounds as it may deem proper for
unavailability of the information
its self-preservation or public interest. (Lao
elsewhere by an appropriate
Tan Bun v. Fabre)
investigating authority.
The PH government’s national security
On the other hand, the Deliberative
concerns justify said instruction. States may
Process Privilege applies to decision-
regulate the entry, immigration and stay of
Sison, PKD.
aliens and to provide for their deportation issuance of a writ of amparo. Moreover, said
whenever warranted. requests pertained to public records.
Accordingly, Lt. Valdez may not validly invoke
X.
his right against self-incrimination if said
A, the wife of an alleged victim of enforced master plan were truly under his custody.
disappearance, applied for the issuance of (Secretary of National Defense v. Manalo)
a Writ of Amparo before a Regional Trial
XI.
Court in Tarlac. Upon motion of A, the court
issued inspection and production orders Which statement best completes the
addressed to the AFP Chief of Staff to allow following phrase?
entry at Camp Aquino and permit the
“Freedom from torture is a right
copying of relevant documents, including
the list of detainees, if any. Accompanied by a. Subject to derogation when
court-designated Commission on Human national security is threatened.”
Rights (CHR) lawyers, A took photographs b. Confined only during custodial
of a suspected isolation cell where her investigation.”
husband was allegedly seen being held for c. Which is non-derogable both during
three days and tortured before he finally peacetime and in a situation of
disappeared. The CHR lawyers requested armed conflict.”
one Lt. Valdez for a photocopy of the master d. Both a and b
plan of Camp Aquino and to confirm in e. None of the above.
writing that he had custody of the master
plan. Lt. Valdez objected on the ground that A: C.
it may violate his right against self- Basis: Art. 2, Sec. 3 of the Convention Against
incrimination. Decide with reasons. Torture and Other Criminal, Inhuman or
A: The requests for a photocopy of the master Degrading Treatment or Punishment, torture
plan of Camp Aquino and Lt. Valdez’s may not be justified under any exceptional
confirmation in writing that he had custody of circumstances whatsoever, whether a state of
the master plan would not be violative of the war or a threat of war, internal political
latter’s right against self-incrimination. instability or any other public emergency.
The kernel of the right is against not all XII.

compulsion but testimonial compulsion only. A witnessed two hooded men with baseball
(People v. Malimit) bats enter the house of their next door
While the prohibition generally neighbor B. After a few seconds, he heard B
applies to the compulsion for the production of shouting “Huwag Pilo babayaran kita
documents, papers and chattels that may be agad.” Then A saw the two hooded men
used as evidence against persons, it may not be hitting B until the latter fell lifeless. The
properly invoked in cases where the State has assailants escaped using a yellow
a right to inspect the same, such as the books motorcycle with a fireball sticker on it
of accounts of corporations, under the police toward the direction of an exclusive village
power. nearby. A reported the incident to PO1
Nuval. The following day, PO1 Nuval saw
The subject requests were merely the motorcycle parked in the garage of a
consistent with the production orders made in house at Sta. Ines Street inside the
connection with the application for the exclusive village. He inquired with the
Sison, PKD.
caretaker as to who owned the motorcycle. b. Re-classification of land by a local

The caretaker named the brothers Pilo and government unit may be done
Ramon Maradona who were then outside through a resolution.
the country. PO1 Nuval insisted on getting
A: False.
inside the garage. Out of fear, the caretaker
allowed him. PO1 Nuval took 2 ski masks Basis: Sec. 20 of the Local Government Code
and 2 bats beside the motorcycle. Was the provides that a city or municipality may,
search valid? What about the seizure? through an ordinance passed by the
Decide with reasons. sanggunian after conducting public hearings
for the purpose, authorize the reclassification
A: Both he warrantless search and the seizure,
of agricultural lands and provide for the
which were made one day after the murder of
manner of their utilization or disposition.
B, were invalid. They cannot be considered as
falling within the coverage of any of the c. Boundary disputes between and
instances when warrantless searches and among municipalities in the same
seizures are allowed or can be done. province may be filed immediately
with the RTC.
PO1 Nuval had adequate opportunity
to obtain a search warrant after he saw the A: False.
subject motorcycle parked in the garage of the
house, where the search was made. Moreover, Basis: Municipality of Sta. Fe v. Municipality of
there was no effective consent for the house to Aritao
be searched, as the same was given “out of d. The Metropolitan Manila
fear,” even if the caretaker could have validly Development Authority is
given said consent, but only upon prior authorized to confiscate a driver’s
authorization of the owners of the house. license in the enforcement of traffic
(People v. Damaso) Ski masks and baseball regulations.
bats are not unlawful per se, and their seizure
cannot be justified as having been effected on A: False.
the basis of a valid plain view search.
Basis: The MMDA generally has no statutory
Accordingly, the warrantless search authority to confiscate driver’s licenses
not having been lawfully made, the items without proper authorization from the LTO.
seized would be inadmissible in evidence.
XIV.
XIII.
ABC operates an industrial waste
True or False. processing plant within Laoag City.
Occasionally, whenever fluid substances
a. A valid and definite offer to buy a are released through a nearby creek,
property is a pre-requisite to obnoxious odor is emitted causing
expropriation initiated by a local dizziness among residents in Brgy. La Paz.
government On complaint of the Punong Barangay, the
A: True. City Mayor wrote ABC demanding that it
abate the nuisance. This was ignored. An
Basis: The power of eminent domain may not invitation to attend a hearing called by the
be exercised unless a valid and definite offer Sangguniang Panlungsod was also declined
has been previously made to the owner, and by the president of ABC. The city
such offer was not accepted.
Sison, PKD.
government thereupon issued a cease and b. The rule on nepotism does not
desist order to stop the operations of the apply to designations made in favor
plant, prompting ABC to file a petition for of a relative of the authority making
injunction before the RTC, arguing that the a designation.
city government did not have any power to
A: False.
abate the alleged nuisance. Decide with
reasons. Basis: Laurel v. CSC
A: The cease and desist order is unlawful and c. A discretionary duty of a public
its implementation may be properly enjoined officer is never delegable.
by the RTC.
A: True.
An industrial waste processing plant
cannot be considered as a nuisance per se, or Basis: Binamira v. Garrucho
as a nuisance under any and all circumstances, d. Acquisition of civil service
because it constitutes a direct menace to eligibility during tenure of a
public health or safety, and, for that reason, temporary appointee does not
may thus be abated summarily under the automatically translate to a
undefined law of necessity. (Aquino v. permanent appointment.
Municipality of Malay, Aklan)
A: True.
It is rather a nuisance per accidens
which “depends upon certain conditions and Basis: Maturan v. Maglana
circumstances, and its existence being a
XVI.
question of fact, it cannot be abated without
due hearing thereon in a tribunal authorized Rudy Domingo, 38 years old, natural-born
to decide whether such a thing does in law Filipino and a resident of the Philippines
constitute a nuisance. It may only be so proven since birth, is a Manila-based entrepreneur
in a hearing conducted for that purpose and who runs KABAKA, a coalition of peoples’
may not be summarily abated without judicial organizations from fisherfolk
intervention. (Cruz v. Pandacan Hikers’ Club, communities. KABAKA’s operations consist
Inc.) of empowering fisherfolk leaders through
livelihood projects and trainings on good
Accordingly, the operations of the
governance. The Dutch Foundation for
industrial waste processing plant may be
Global Initiatives, a private organization
ordered stopped only after judicial
registered in The Netherlands, receives a
proceedings. (Parayno v. Jovellanos)
huge subsidy from the Dutch Foreign
XV. Ministry, which, in turn is allocated
worldwide to the Foundation’s partners
True or False. like KABAKA. Rudy seeks to register
a. A person who occupies an office that KABAKA as a party-list with himself as a
is defectively created is a de facto nominee of the coalition. Will KABAKA and
officer. Rudy be qualified as a party-list and a
nominee, respectively? Decide with
A: False. reasons.
Basis: There must be a de jure officer. (Tuanda
v. Sandiganbayan)
Sison, PKD.
A: No, KABAKA and Rudy cannot be The House Committee on Appropriations

considered as qualified to be a party-list and a conducted an inquiry in aid of legislation
nominee, respectively. into alleged irregular and anomalous
disbursements of the Countrywide
Although Rudy may appear to be
Development Fund (CDF) and
qualified as a nominee of KABAKA, being a
Congressional Initiative Allocation (CIA) of
bona fide member of the party and a natural-
Congressmen as exposed by X, a Division
born Filipino with the requisite age and
Chief of the Department of Budget and
residence, KABAKA is not qualified to be
Management (DBM). Implicated in the
registered as a party-list because it receives
questionable disbursements are high
support from a foreign foundation, which
officials of the Palace. The House
receives a “huge subsidy from the Dutch
Committee summoned X and the DBM
Foreign Ministry.” This is among the grounds
Secretary to appear and testify. X refused to
for the refusal or cancellation of registration of
appear, while the Secretary appeared but
a party-list.
refused to testify invoking executive
PART II privilege.
XVII. a. May X be compelled to appear and

testify? If yes, what sanction may be
During his campaign sortie in Barangay imposed on him?
Salamanca, Mayor Galicia was arrested at a
PNP checkpoint for carrying highpowered b. Is the Budget Secretary shielded by
firearms in his car. He was charged and executive privilege from responding to the
convicted for violation of the COMELEC gun inquiries of the House Committee? Explain
ban. He did not appeal his conviction and briefly. If the answer is no, is there any
instead applied for executive clemency. sanction that may be imposed upon him?
Acting on the favorable recommendation of
A:
the Board of Pardons and Parole, the
President granted him pardon. Is he a. Yes, X may be compelled to appear and
eligible to run again for an elective testify, as his testimony would be
position? Explain briefly. crucial to the conduct of the legislative
inquiry. (Sabio v. Gordon) His failure
A: Yes, he may be qualified to run again for an
or refusal to testify may subject him to
elective position, provided his pardon would
arrest and punishment for legislative
have been granted in his favor upon prior
contempt. (Arnault v. Nazareno)
favorable recommendation of the Commission
b. The Secretary may not validly invoke
on Elections, his crime being an election
executive privilege, as the same
offense. (Art. IX-C, Sec. 5, Const.)
pertains only to the President. Unless
A pardon exempts the individual on and until said privilege is invoked
whom it is bestowed from the punishment directly by the President with respect
which the law inflicts for the crime he has to the testimony of the Secretary, the
committed. (Pellobello v. Palatino) and latter may be punished for legislative
renders him eligible for elective local office. contempt for his refusal to testify.
(Sec. 40 LGC, Moreno v. COMELEC) (Senate v. Ermita)
XVIII.
Sison, PKD.
XIX. A: Under the operative fact doctrine, the law is

recognized as unconstitutional but the effects
To instill religious awareness in the
of the unconstitutional law, prior to its
students of Doña Trinidad High School, a
declaration of nullity, may be left undisturbed
public school in Bulacan, the Parent-
as a matter of equity and fair play. In fact, the
Teacher’s Association of the school
invocation of the operative fact doctrine is an
contributed funds for the construction of a
admission that the law is unconstitutional. The
grotto and a chapel where ecumenical
operative fact doctrine is a rule of equity. As
religious services and seminars are being
such, it must be applied as an exception to the
held after school hours. The use of the
general rule that an unconstitutional law
school grounds for these purposes was
produces no effects. It can never be invoked to
questioned by a parent who does not
validate as constitutional an unconstitutional
belong to any religious group. As his
act. In short, the operative fact doctrine affects
complaint was not addressed by the school
or modifies only the effects of the
officials, he filed an administrative
unconstitutional law, not the unconstitutional
complaint against the principal before the
law itself. (League of Cities of the PH v.
DECS. Is the principal liable? Explain
COMELEC)
briefly.
b. De facto municipal corporation
A: The principal is not liable.
A: A de facto municipal corporation is one
The grotto and chapel were not
organized under color of a statute before this
constructed using public funds and were
was declared unconstitutional, its officers
established “without additional cost to the
having been either elected or appointed, and
Government.” It therefore cannot be said that
the municipality itself having discharged its
their construction was violative of the
corporate functions preceding the institution
constitutional prohibition against
of an action challenging the validity of its
appropriations for sectarian purposes. (Art.
existence, and resulting in a declaration of its
VI, Sec. 28)
unlawfulness. (Municipality of Malabang v.
Moreover, the ecumenical religious Benito)
services and seminars are held “after school
c. Municipal corporation by estoppel
hours” and therefore can be considered as
consistent with the constitutional prescription A: A municipal corporation by estoppel is one
on religious instruction. (Art. XIV, Sec. 3) which is neither de jure nor de facto but is
dealt or transacted with as such by individuals
The construction of the subject grotto
who are thereby precluded or estopped from
and chapel can be justified as a mere religious
denying their existence as municipal
accommodation which has been
corporations by reason of said
acknowledged as not being offensive or
acknowledgement by said individuals of their
violative of the general precepts pertinent to
existence.
religious freedom.
d. Doctrine of necessary implication
XX.
A: Under the doctrine of necessary implication,
Define/explain the following:
the grant of an express power carries with it
a. Doctrine of operative facts all the powers that may be reasonably inferred
from it. (Angara v. Electoral Commission)
Sison, PKD.
e. Principle of holdover resign from his position as

governor?
A: The principle of holdover entitles the public
officer who occupies an office with a fixed term A: He may not refuse to run in the recall
to stay in office during the succeeding term, or election because, under the provisions of the
after his original term has expired, and to Local Government Code, officials sought to be
remain in said office until his successor shall recalled shall automatically be considered as
have been duly elected or appointed and duly registered candidates and, like other
qualified. (Lecaroz v. Sandiganbayan) candidates, shall be entitled to be voted upon.
(LGC, Sec. 71). Neither is he allowed to resign.
XXI.
XXIII.
The Sangguniang Panlungsod of Pasay City
passed an ordinance requiring all disco A was a career Ambassador when he
pub owners to have all their hospitality accepted an ad interim appointment as
girls tested for the AIDS virus. Both disco Cabinet Member. The Commission on
pub owners and the hospitality girls Appointments bypassed his ad interim
assailed the validity of the ordinance for appointment, however, and he was not re-
being violative of their constitutional appointed. Can he re-assume his position
rights to privacy and to freely choose a as career Ambassador?
calling or business. Is the ordinance valid?
A: No, A cannot re-assume his position as a
Explain.
career Ambassador.
A: The ordinance is valid and may be justified
A’s acceptance of his ad interim
as a lawful exercise by the City of its police
appointment as a Cabinet Member, which is a
power under the General Welfare Clause of the
permanent appointment (Matibag v.
Local Government Code (Sec. 16).
Benipayo), necessarily resulted in his
XXII. forfeiture of his position as Ambassador.
Governor Diy was serving his third term XXIV.

when he lost his governorship in a recall
Compare and contrast “overbreadth
election.
doctrine” from “void-forvagueness”
a. Who shall succeed Governor Diy in doctrine.
his office as Governor?
A: Under the overbreadth doctrine, a
A: The winner in the recall election shall be his governmental purpose may not be achieved by
successor. (LGC, Sec. 72) means which sweep unnecessarily broadly
and thereby invade the area of projected
b. Can Governor Diy run again as
freedom. The overbreadth doctrine is an
governor in the next election?
analytical tool developed for testing “on their
A: Yes, he would be qualified to run in the next faces” statutes in free speech cases. It is not
election because his third term was intended for testing the validity of a law that
interrupted by his loss in the recall election. “reflects legitimate state interest in
Accordingly, the three-term limit rule shall be maintaining comprehensive control over
inapplicable to him. (Socrates v. COMELEC) harmful constitutionally unprotected
conduct.”
c. Can Governor Diy refuse to run in
the recall election and instead
Sison, PKD.
Thus, claims of facial overbreadth are A: The two conditions are –

entertained in cases involving statutes which,
(1) That the terms of the first
by their terms, seek to regulate only “spoken
commissioners should start on a
words” and again, that “overbreadth claims, if
common date; and
entertained at all, have been curtailed when
(2) That any vacancy due to death,
invoked against ordinary criminal laws that
resignation or disability before the
are sought to be applied to protected conduct.”
expiration of the term should be filled
Under the void-for-vagueness only for the unexpired balance of the
doctrine, a law is rendered invalid if men of term. (Republic v. Imperial)
common intelligence must necessarily guess at
c. To what other constitutional offices does
its meaning and differ as to its application.
the rotational scheme of appointments
Related to the “overbreadth” doctrine apply?
is the “void for vagueness doctrine” which
A: The rotational scheme applies to –
holds that “a law is facially invalid if men of
common intelligence must necessarily guess at (1) The Commissioners of the Civil Service
its meaning and differ as to its application.” It Commission (Art. IX-B, Sec. 1, Const)
is subject to the same principles governing the (2) The Commissioners of the Commission
overbreadth doctrine. For one, it is also an on Audit (Art. IX-D, Sec. 1, Const)
analytical tool for testing “on their faces: (3) The Senators (Art. VI, Sec. 4, in relation
statutes in free speech cases. And like to Art. XVIII, Sec. 2); and
overbreadth, it is said that a litigant may (4) The regular members of the Judicial
challenge a statute on its face only if it is vague and Bar Council (Art. VIII, Sec. 8)
in all its possible applications. (David v.
Arroyo) XXVI.
XXV. Distinguish between “pocket veto” and

“item veto.”
a. What is the rotational scheme of
appointments in the COMELEC? A: A pocket veto is when the President is
considered to have rejected a bill submitted to
A: The Chairman and the Commissioners of the him for his approval when Congress adjourns
COMELEC shall be appointed by the President during the period given to the President to
with the consent of the Commission on approve or reject a bill.
Appointments for a term of 7 years without
reappointment. Of those first appointed, three XXVII.
Members shall hold office for 7 years, 2 What is the concept of association under
members for 5 years, and the last Members for international law?
3 years, without reappointment. Appointment
to any vacancy shall be only for the unexpired A: An association is formed when two states of
term of the predecessor. In no case shall any unequal power voluntarily establish durable
Member be appointed or designated in a links. In the basic model, one state, the
temporary or acting capacity. (Art. IX-C, Sec. 1, associate, delegates certain responsibilities to
Const.) the other, the principal, while maintaining its
international status as a state. In international
b. What are the two conditions for its practice, the “associated state” arrangement
workability? has usually been used as a transitional device
Sison, PKD.
of former colonies on their way to full (A) No, exhaustion of administrative

independence. (Province of North Cotabato v. remedies up to the level of the
Government of the RP Peace Panel on President is a pre-requisite to judicial
Ancestral Domain) recourse.
2011 (B) No, the action of the DOTC

Secretary bears only the implied
Set A approval of the President who is not
precluded from reviewing the decision
(1) Filipino citizenship may be acquired of the former.
through judicial naturalization only by an alien
(C) Yes, when there is no law providing
(A) born, raised, and educated in the an appeal to the Office of the President,
Philippines who has all the no such appeal may be pursued.
qualifications and none of the
disqualifications to become a Filipino (D) Yes, the doctrine of qualified
citizen. political agency renders unnecessary a
further appeal to the Office of the
(B) who has all the qualifications and President.
none of the disqualifications to
become a Filipino citizen. (3) Where A is set for promotion to
Administrative Assistant III and B to the post
(C) born and raised in the Philippines of Administrative Assistant II vacated by A, the
who has all the qualifications and none appointing authority must
of the disqualifications to become a
Filipino citizen. (A) submit to the CSC the two
promotional appointments together
(D) whose mother or father is a for approval.
naturalized Filipino and who himself is
qualified to be naturalized. (B) not appoint B until the CSC has
approved A’s appointment.
(2) Jax Liner applied for a public utility bus
service from Bacolod to Dumaguete from the (C) submit to the Civil Service
Land Transportation Franchising and Commission (CSC) the second
Regulatory Board (LTFRB). BB Express appointment after its approval of the
opposed. LTFRB ruled in favor of Jax. BB first.
appealed to the Secretary of the Department of
Transportation and Communication (DOTC), (D) simultaneously issue the
who reversed the LTFRB decision. Jax appointments of A and B.
appealed to the Office of the President which
reinstated the LTFRB’s ruling. BB Express (4) When a witness is granted transactional
went to the Court of Appeals on certiorari immunity in exchange for his testimony on
questioning the decision of the Office of the how his immediate superior induced him to
President on the ground that Office of the destroy public records to cover up the latter's
President has no jurisdiction over the case in act of malversation of public funds, the witness
the absence of any law providing an appeal may NOT be prosecuted for
from DOTC to the Office of the President. Will
the petition prosper? (A) direct contempt.
Sison, PKD.
(B) infidelity in the custody of public (B) No, except when it can be proved
records. that Australia has a counterpart
domestic law that also favors former
(C) falsification of public documents. Filipino citizens residing there.
(D) false testimony. (C) Yes, the lot is already private in

character and as a former natural-born
(5) Mario, a Bureau of Customs’ examiner, was Filipino, she can buy the lot and apply
administratively charged with grave for its registration in her name.
misconduct and preventively suspended
pending investigation. The head of office found (D) No, foreigners are not allowed to
him guilty as charged and ordered his own lands in the Philippines.
dismissal. The decision against him was
executed pending appeal. The Civil Service (7) The privacy of communication and
Commission (CSC) subsequently found him correspondence shall be inviolable except
guilty and after considering a number of upon lawful order of the court or when
mitigating circumstances, reduced his penalty
to only one month suspension. Is Mario (A) public safety or public health
entitled to back salaries? requires otherwise as prescribed by
law.
(A) Yes, the reduction of the penalty
means restoration of his right to back (B) dictated by the need to maintain
salaries. public peace and order.
(B) No, the penalty of one month (C) public safety or order requires
suspension carries with it the otherwise as prescribed by law.
forfeiture of back salaries.
(D) public safety or order requires
(C) No, he is still guilty of grave otherwise as determined by the
misconduct, only the penalty was President.
reduced.
(8) One advantage of a written Constitution is
(D) Yes, corresponding to the period of its
his suspension pending appeal less
one month. (A) reliability.
(6) Althea, a Filipino citizen, bought a lot in the (B) permanence.

Philippines in 1975. Her predecessors-in-
interest have been in open, continuous, (C) flexibility.
exclusive and notorious possession of the lot
since 1940, in the concept of owner. In 1988, (D) expediency.
Althea became a naturalized Australian
citizen. Is she qualified to apply for
(9) An appointment held at the pleasure of the
registration of the lot in her name? appointing power
(A) Yes, provided she acquires back
(A) essentially temporary in nature.
her Filipino citizenship.
Sison, PKD.
(B) requires special qualifications of executive agreement for being contrary to R.A.
the appointee. 462 which prohibits the importation of animal
feeds from Asian countries. Is the challenge
(C) requires justifiable reason for its correct?
termination.
(A) Yes, the executive agreement is
(D) is co-extensive with the term of the contrary to our existing domestic law.
public officer who appointed him.
(B) No, the President is the sole organ
(10) The city government filed a complaint for of the government in external
expropriation of 10 lots to build a recreational relations and all his actions as such
complex for the members of the homeowners' form part of the law of the land.
association of Sitio Sto. Tomas, the most
populated residential compound in the city. (C) No, international agreements are
The lot owners challenged the purpose of the sui generis which must stand
expropriation. Does the expropriation have a independently of our domestic laws.
valid purpose?
(D) Yes, the executive agreement is
(A) No, because not everybody uses a actually a treaty which does not take
recreational complex. effect without ratification by the
Senate.
(B) No, because it intends to benefit a
private organization. (13) Jose Cruz and 20 others filed a petition
with the COMELEC to hold a plebiscite on their
(C) Yes, it is in accord with the general petition for initiative to amend the
welfare clause. Constitution by shifting to a unicameral
parliamentary form of government. Assuming
(D) Yes, it serves the well-being of the that the petition has been signed by the
local residents. required number of registered voters, will it
prosper?
(11) An example of a content based restraint
on free speech is a regulation prescribing (A) No, only Congress can exercise the
power to amend the Constitution.
(A) maximum tolerance of pro-
government demonstrations. (B) Yes, the people can substantially
amend the Constitution by direct
(B) a no rally-no permit policy. action.
(C) when, where, and how lawful (C) Yes, provided Congress concurs in
assemblies are to be conducted. the amendment.
(D) calibrated response to rallies that (D) No, since they seek, not an
have become violent. amendment, but a revision.
(12) The President forged an executive (14) The Comelec en banc cannot hear and
agreement with Vietnam for a year supply of decide a case at first instance EXCEPT when
animal feeds to the Philippines not to exceed
40,000 tons. The Association of Animal Feed (A) a Division refers the case to it for
Sellers of the Philippines questioned the direct action.
Sison, PKD.
(B) the case involves a purely resignation and Mr. Suarez’s acceptance of the
administrative matter. same. Will the action prosper?
(C) the inhibition of all the members of (A) No, Director Sison tendered his
a Division is sought. resignation and it was accepted.
(D) a related case is pending before the (B) No, estoppel precludes Director
Supreme Court en banc. Sison from disclaiming the resignation
he freely tendered.
(15) Each of the Constitutional Commissions is
expressly described as "independent," (C) Yes,for so long as no one has yet
exemplified by its been appointed to replace him,
Director Sison may still withdraw his
(A) immunity from suit. resignation.
(B) fiscal autonomy. (D) Yes, Director Sison merely

complied with the order of the head of
(C) finality of action. office; the element of clear intention to
relinguish office is lacking.
(D) collegiality.
(18) An administrative rule that fixes rates is
(16) There is double jeopardy when the valid only when the proposed rates are
dismissal of the first case is
(A) published and filed with the UP
(A) made at the instance of the accused Law Center.
invoking his right to fair trial.
(B) published and hearings are
(B) made upon motion of the accused conducted.
without objection from the
prosecution. (C) published and posted in three
public places.
(C) made provisionally without
objection from the accused. (D) published and all stakeholders are
personally notified.
(D) based on the objection of the
accused to the prosecution's motion to (19) The government sought to expropriate a
postpone trial. parcel of land belonging to Y. The law provides
that, to get immediate possession of the land,
(17) The new Commissioner of Immigration, the government must deposit the equivalent of
Mr. Suarez, issued an Office Order directing the land's zonal value. The government
the top immigration officials to tender insisted, however, that what apply are the
courtesy resignation to give him a free hand in rules of court which require an initial deposit
reorganizing the agency. In compliance, only of the assessed value of the property.
Director Sison of the Administrative Which should prevail on this matter, the law or
Department tendered his resignation in the rules of court?
writing which Mr. Suarez immediately
accepted. Director Sison went to court, (A) Both law and rules apply because
assailing the validity of his courtesy just compensation should be fixed
Sison, PKD.
based on its zonal or assessed value, (A) Yes, Governor Paloma's reelection
whichever is higher. is an expression of the electorate's
obedience to his will.
(B) Both law and rules apply because
just compensation should be fixed (B) No, Governor Paloma's reelection
based on its zonal or assessed value, cannot extinguish his liability for
whichever is lower. malfeasance in office.
(C) The law should prevail since the (C) No, Governor Paloma's reelection
right to just compensation is a does not render moot the
substantive right that Congress has the administrative case already pending
power to define. when he filed his certificate of
candidacy for his reelection bid.
(D) The rules of court should prevail
since just compensation is a (D) Yes, Governor Paloma's reelection
procedural matter subject to the rule is an expression of the electorate's
making power of the Supreme Court. restored trust.
(20) After X, a rape suspect, was apprised of (22) The decision of the Regional Trial Court
his right to silence and to counsel, he told the on appeals pertaining to inclusions or
investigators that he was waiving his right to exclusions from the list of voters
have his own counsel or to be provided one. He
made his waiver in the presence of a retired (A) is inappealable.
Judge who was assigned to assist and explain
to him the consequences of such waiver. Is the (B) is subject to an action for
waiver valid? annulment.
(A) No, the waiver was not reduced in (C) may be brought straight to the
writing. Supreme Court.
(B) Yes, the mere fact that the lawyer (D) is appealable to the Commission on
was a retired judge does not cast doubt Elections.
on his competence and independence.
(23) The equal protection clause allows valid
(C) Yes, the waiver was made classification of subjects that applies
voluntarily, expressly, and with
assistance of counsel. (A) only to present conditions.
(D) No, a retired Judge is not a (B) so long as it remains relevant to the
competent and independent counsel. government.
(21) Governor Paloma was administratively (C) for a limited period only.
charged with abuse of authority before the
Office of the President. Pending hearing, he ran (D) for as long as the problem to be
for reelection and won a second term. He then corrected exists.
moved to dismiss the charge against him
based on this supervening event. Should the (24) The President wants to appoint A to the
motion be granted? vacant post of Associate Justice of the Supreme
Court because of his qualifications,
Sison, PKD.
competence, honesty, and efficiency. But A’s (B) has the right to demand conversion
name is not on the list of nominees that the of his appointment to permanent.
Judicial and Bar Council (JBC) submitted to the
President. What should the President do? (C) automatically becomes a
permanent appointee.
(A) Request the JBC to consider adding
A to the list. (D) retains his temporary
appointment.
(B) Decline to appoint from the list.
(28) Upon endorsement from the Senate
(C) Appoint from the list. where it was first mistakenly filed, the House
of Representatives Committee on Justice
(D) Return the list to JBC. found the verified complaint for impeachment
against the President sufficient in form but
(25) Courts may still decide cases that have insufficient in substance. Within the same
otherwise become academic when they year, another impeachment suit was filed
involve against the President who questioned the
same for being violative of the Constitution. Is
(A) the basic interest of people. the President correct?
(B) petitions for habeas corpus. (A) No, "initiated" means the Articles
of Impeachment have been actually
(C) acts of the Chief Executive. filed with the Senate for trial; this did
not yet happen.
(D) Presidential election protests.
(B) No, the first complaint was not
(26) The right of the State to prosecute crimes deemed initiated because it was
by available evidence must yield to the right of originally filed with the Senate.
(A) the accused against self- (C) Yes, the dismissal of the first
impeachment proceeding bars the
incrimination.
initiation of another during the same
term of the President.
(B) another State to extradite a fugitive
from justice.
(D) Yes, no impeachment proceeding
can be filed against the President more
(C) the State to deport undesirable
than once within a year.
aliens.
(29) The Solicitor General declines to institute
(D) the complainant to drop the case
a civil action on behalf of a government agency
against the accused.
due to his strained relation with its head,
insisting that the agency’s lawyers can file the
(27) A temporary appointee to a public office action. Is the Solicitor General correct?
who becomes a civil service eligible during his
tenure
(A) Yes, when he deems he cannot
harmoniously and effectively work
(A) loses his temporary appointment with the requesting agency.
without prejudice to his re-
appointment as permanent.
Sison, PKD.
(B) No, he must, in choosing whether (D) No, the rule goes beyond the
to prosecute an action, exercise his sphere of the law.
discretion according to law and the
best interest of the State. (32) Senator Bondoc was charged with
murder and detained at the Quezon City Jail.
(C) Yes, as in any lawyer-client He invoked, in seeking leave from the court to
relationship, he has the right to choose attend the session of the Senate, his immunity
whom to serve and represent. from arrest as a Senator. How should the court
rule on his motion?
(D) No, the Solicitor General's duty to
represent the government, its offices (A) Deny the motion unless the Senate
and officers is mandatory and issues a resolution certifying to the
absolute. urgency of his attendance at its
sessions.
(30) A department secretary may, with the
President's consent, initiate his appearance (B) Grant the motion provided he
before the Senate or the House of posts bail since he is not a flight risk.
Representatives which
(C) Grant the motion so as not to
(A) must seek the concurrence of the deprive the people who elected him
other House before acting. their right to be represented in the
Senate.
(B) must hold an executive session to
hear the department secretary. (D) Deny the motion since immunity
from arrest does not apply to a charge
(C) may altogether reject the initiative. of murder.
(D) must accept such initiated (33) X, an administrative officer in the

appearance. Department of Justice, was charged with grave
misconduct and preventively suspended for
(31) The Metro Manila Development Authority 90 days pending investigation. Based on the
(MMDA) passed a rule authorizing traffic evidence, the Secretary of Justice found X
enforcers to impound illegally parked vehicles, guilty as charged and dismissed him from the
for the first offense, and confiscate their service. Pending appeal, X's dismissal was
registration plates for the second. The MMDA executed. Subsequently, the Civil Service
issued this rule to implement a law that Commission (CSC) reversed the Secretary’s
authorized it to suspend the licenses of drivers decision and the reversal became final and
who violate traffic rules. Is the MMDA rule executory. What is the effect of X's
valid? exoneration?
(A) No, since the MMDA does not have (A) X is entitled to reinstatement and
rule-making power. back salaries both during his 90 day
preventive suspension and his
(B) Yes, it is a valid exercise of the suspension pending appeal.
power of subordinate legislation.
(B) X is entitled to reinstatement and
(C) Yes, it is an implicit consequence of back salaries corresponding only to
the law upon which it acted. the period of delay caused by those
prosecuting the case against him.
Sison, PKD.
(C) X is entitled to reinstatement but (36) In what scenario is an extensive search of

not to back salaries on ground of moving vehicles without warrant valid?
"damnum absque injuria."
(A) The police became suspicious on
(D) X is entitled to reinstatement and seeing something on the car’s back
back salaries during his suspension seat covered with blanket.
pending appeal.
(B) The police suspected an unfenced
(34) Courts may dismiss a case on ground of lot covered by rocks and bushes was
mootness when planted to marijuana.
(A) the case is premature. (C) The police became suspicious

when they saw a car believed to be of
(B) petitioner lacks legal standing. the same model used by the killers of a
city mayor.
(C) the questioned law has been
repealed. (D) The driver sped away in his car
when the police flagged him down at a
(D) the issue of validity of law was not checkpoint.
timely raised.
(37) Pre-proclamation controversies shall be
(35) Alfredo was elected municipal mayor for heard
3 consecutive terms. During his third term, the
municipality became a city. Alfredo ran for city (A) summarily without need of trial.
mayor during the next immediately
succeeding election. Voltaire sought his (B) through trial by commissioner.
disqualification citing the 3 term limit for
elective officials. Will Voltaire's action (C) ex parte.
prosper?
(D) through speedy arbitration.
(A) No, the 3 term limit should not
apply to a person who is running for a (38) When the President orders the Chief of
new position title. the Philippine National Police to suspend the
issuance of permits to carry firearms outside
(B) Yes, the 3 term limit applies the residence, the President exercises
regardless of any voluntary or
involuntary interruption in the service (A) the power of control.
of the local elective official.
(B) the Commander-in-Chief power.
(C) Yes, the 3 term limit uniformly
applies to the office of mayor, whether (C) the power of supervision.
for city or municipality.
(D) the calling out power.
(D) No, the 3 term limit should not
apply to a local government unit that (39) Carlos, a foreign national was charged
has assumed a different corporate with and convicted of a serious crime in State
existence. X and sentenced to life imprisonment. His
country applied for relief with the
Sison, PKD.
International Court of Justice (ICJ), arguing (C) Yes, the police acted based on
that State X did not inform Carlos of his right reliable information and the fact that
under Article 36 of the Vienna Convention to an officer saw the driver carrying a
be accorded legal assistance by his gun.
government. State X, as signatory to the
Vienna Convention, agreed to ICJ's compulsory (D) No, police officers do not have
jurisdiction over all disputes regarding the unbridled discretion to conduct a
interpretation or application of the Vienna warrantless search of moving vehicles.
Convention. ICJ ruled that State X violated its
obligation to provide consular notification to (41) The Commission on Elections is an
the foreign national's country. ICJ also independent body tasked to enforce all laws
required State X to review and reconsider the relative to the conduct of elections. Hence, it
life sentence imposed on the foreign national. may
State X then wrote the United Nations
informing that it was withdrawing from the (A) conduct two kinds of electoral
Optional Protocol on Vienna Convention and count: a slow but official count; and a
was not bound by the ICJ decision. What quick but unofficial count.
principle of international law did State X
violate? (B) make an advance and unofficial
canvass of election returns through
(A) Pacta Sunt Servanda electronic transmission.
(B) Act of State Doctrine (C) undertake a separate and unofficial

tabulation of the results of the election
(C) Protective Principle manually.
(D) Jus Cogens (D) authorize the citizens arm to use

election returns for unofficial count.
(40) An informer told the police that a Toyota
Car with plate ABC 134 would deliver an (42) The President may proclaim martial law
unspecified quantity of ecstasy in Forbes Park, over a particular province subject to
Makati City. The officers whom the police sent revocation or extension
to watch the Forbes Park gates saw the
described car and flagged it down. When the (A) by Congress,subject to ratification
driver stopped and lowered his window, an by the Supreme Court.
officer saw a gun tucked on the driver's waist.
The officer asked the driver to step out and he (B) by the Supreme Court.
did. When an officer looked inside the car, he
saw many tablets strewn on the driver's seat. (C) by Congress alone
The driver admitted they were ecstacy. Is the
search valid?
(D) by Congress, upon
recommendation of the respective
(A) No, the rule on warrantless search
Sangguniang Panlalawigan.
of moving vehicle does not allow
arbitrariness on the part of the police.
(43) During his incumbency, President Carlos
shot to death one of his advisers during a
(B) Yes, the police officers had the duty
heated argument over a game of golf that they
to verify the truth of the information were playing. The deceased adviser’s family
they got and pursue it to the end.
filed a case of homicide against President
Sison, PKD.
Carlos before the city prosecutor’s office. He (46) Congress passed a bill appropriating P50
moved to dismiss the case, invoking million in assistance to locally based television
presidential immunity from suit. Should the stations subject to the condition that the
case be dismissed? amount would be available only in places
where commercial national television stations
(A) Yes, his immunity covers his do not operate. The President approved the
interactions with his official family, appropriation but vetoed the condition. Was
including the deceased adviser. the veto valid?
(B) No, his immunity covers only (A) Yes, since the vetoed condition
work-related crimes. may be separated from the item.
(C) Yes, his immunity holds for the (B) Yes, the President's veto power is
whole duration of his tenure. absolute.
(D) No, his immunity does not cover (C) No, since the veto amounted to a
crimes involving moral turpitude. suppression of the freedom to
communicate through television.
(44) The School Principal of Ramon
Magsaysay High School designated Maria, her (D) No, since the approval of the item
daughter, as public school teacher in her carried with it the approval of the
school. The designation was assailed on condition attached to it.
ground of nepotism. Is such designation valid?
(47) In the exercise of its power of legislative
(A) No, because the law prohibits inquiries and oversight functions, the House of
relatives from working within the Representatives or the Senate may only ask
same government unit. questions
(B) Yes, because Maria’s position does (A) that the official called is willing to
not fall within the prohibition. answer.
(C) No, because her mother is not the (B) that are relevant to the proposed
designating authority. legislation.
(D) No, because Maria is related to the (C) to which the witness gave his prior
supervising authority within the consent.
prohibited degree of consanguinity.
(D) material to the subject of inquiry.
(45) The President's appointment of an acting
secretary although Congress is in session is (48) An ordinance prohibits "notorious street
gang members" from loitering in public places.
(A) voidable. The police are to disperse them or, if they
refuse, place them under arrest. The ordinance
(B) valid. enumerates which police officers can make
arrest and defines street gangs, membership
(C) invalid. in them, and public areas. The ordinance was
challenged for being vague regarding the
(D) unenforceable. meaning of "notorious street gang members."
Is the ordinance valid?
Sison, PKD.
(A) No, it leaves the public uncertain as (C) police and other law enforcement
to what conduct it prohibits. agencies.
(B) No, since it discriminates between (D) City or Provincial Prosecutor.

loitering in public places and loitering
in private places. (52) A law authorized the Secretary of
Agriculture to require the quarantine of
(C) Yes, it provides fair warning to animals that suffer from dangerous
gang members prior to arrest communicable diseases at such place and for
regarding their unlawful conduct. such time he deems necessary to prevent their
spread. The Secretary of Agriculture issued a
(D) Yes, it is sufficiently clear for the regulation, imposing a penalty of
public to know what acts it prohibits. imprisonment for 10 days on persons
transporting quarantined animals without his
(49) The people may approve or reject a permission. The regulation is
proposal to allow foreign investors to own
lands in the Philippines through an electoral (A) a valid exercise of the power of
process called subordinate legislation.
(A) referendum. (B) invalid for being ultra vires.
(B) plebiscite. (C) a valid exercise of police power.
(C) initiative. (D) invalid for being discriminatory.
(D) certification. (53) Small-scale utilization of natural

resources by Filipino citizens may be allowed
(50) Where a candidate for the Senate stated by
in his certificate of candidacy that he is single,
when he is very much married, though (A) Congress.
separated, his certificate of candidacy
(B) either the Senate or the House of
(A) may be canceled. Representatives.
(B) will subject him to a quo warranto (C) the President.

action.
(D) the President with the consent of
(C) remains valid. Congress.
(D) may be denied due course. (54) When the Civil Service Commission (CSC)
approves the appointment of the Executive
(51) A candidate who commits vote buying on Director of the Land Transportation
Election Day itself shall be prosecuted by the Franchising and Regulatory Board who
possesses all the prescribed qualifications, the
(A) COMELEC. CSC performs
(B) Secretary of Justice. (A) a discretionary duty.
Sison, PKD.
(B) a mix discretionary and ministerial (C) the doctrine of supervening event.
duty.
(D) the orthodox doctrine.
(C) a ministerial duty.
(57) Accused X pleaded not guilty to the
(D) a rule-making duty. charge of homicide against him. Since he was
admitted to bail, they sent him notices to
(55) Xian and Yani ran for Congressman in the attend the hearings of his case. But he did not
same district. During the canvassing, Yani show up, despite notice, in four successive
objected to several returns which he said were hearings without offering any justification.
tampered with. The board of canvassers did The prosecution moved to present evidence in
not entertain Yani's objections for lack of absentia but the court denied the motion on
authority to do so. Yani questions the law the ground that the accused has a right to be
prohibiting the filing of pre-proclamation present at his trial. Is the court correct?
cases involving the election of Congressmen
since the Constitution grants COMELEC (A) No, the court is mandated to hold
jurisdiction over all pre-proclamation cases, trial in absentia when the accused had
without distinction. Is Yani correct? been arraigned, had notice, and his
absence was unjustified.
(A) Yes, the Constitution grants
jurisdiction to COMELEC on all pre- (B) Yes, it remains discretionary on the
proclamation cases, without court whether to conduct trial in
exception. absentia even if the accused had been
arraigned and had notice and did not
(B) No, COMELEC’s jurisdiction over justify his absence.
pre-proclamation cases pertains only
to elections for regional, provincial, (C) Yes, it is within the court's
and city officials. discretion to determine how many
postponements it will grant the
(C) No, COMELEC’s jurisdiction over accused before trying him in absentia.
pre-proclamation cases does not
include those that must be brought (D) No, the court may reject trial in
directly to the courts. absentia only on grounds of fraud,
accident, mistake, or excusable
(D) Yes, any conflict between the law negligence.
and the Constitution relative to
COMELEC's jurisdiction must be (58) Following COMELEC Chairman Bocay's
resolved in favor of the Constitution. conviction for acts of corruption in the
impeachment proceedings, he was indicted for
(56) When the Supreme Court nullified the plunder before the Sandiganbayan and found
decisions of the military tribunal for lack of guilty, as charged. Can he get Presidential
jurisdiction, it excluded from their coverage pardon on the plunder case?
decisions of acquittal where the defendants
were deemed to have acquired a vested right. (A) No, plunder is not a pardonable
In so doing, the Supreme Court applied offense.
(A) the operative fact doctrine. (B) No, conviction in a criminal case for
the same acts charged in the
(B) the rule against double jeopardy.
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impeachment proceedings is not Mayor in the next succeeding election without

pardonable. violating the 3 term limit?
(C) Yes, convictions in two different (A) No, she won the regular mayoralty
fora for the same acts, are too harsh election for two consecutive terms and
that they are not beyond the reach of the recall election constitutes her third
the President’s pardoning power. term.
(D) Yes, conviction in court in a (B) A. No, she already won the
criminal action is subject to the mayoralty election for 3 consecutive
President's pardoning power. terms.
(59) A private person constituted by the court (C) Yes, her ouster from office in her
as custodian of property attached to secure a third term interrupted the continuity
debt sought to be recovered in a civil of her service as mayor.
proceeding is
(D) Yes, the fresh mandate given her
(A) a private sheriff. during the recall election erased her
disqualification for a third term.
(B) a public officer.
(62) A child born in the United States to a
(C) a private warehouseman. Filipino mother and an American father is
(D) an agent of the party to whom the (A) a Filipino citizen by election.
property will ultimately be awarded.
(B) a repatriated Filipino citizen.
(60) The COMELEC en banc shall decide a
motion for reconsideration of (C) a dual citizen.
(A) the House or Representatives and (D) a natural born Filipino citizen.
the Senate electoral tribunals.
(63) Involuntary servitude may be required as
(B) the decision of the election
registrar. (A) part of rehabilitation of one duly
charged with a crime.
(C) the decision of the COMELEC
division involving an election protest. (B) substitute penalty for one who has
been duly tried for a crime.
(D) its own decision involving an
election protest. (C) punishment for a crime where one
has been duly convicted.
(61) Adela served as Mayor of Kasim for 2
consecutive terms. On her third term, (D) condition precedent to one's valid
COMELEC ousted her in an election protest arraignment.
that Gudi, her opponent, filed against her. Two
years later, Gudi faced recall proceedings and (64) Van sought to disqualify Manresa as
Adela ran in the recall election against him. congresswoman of the third district of Manila
Adela won and served as Mayor for Gudi's on the ground that the latter is a greencard
remaining term. Can Adela run again for
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holder. By the time the case was decided (D) Congress expands the appellate
against Manresa, she had already served her jurisdiction of the Supreme Court, as
full term as congresswoman. What was defined by the Constitution.
Manresa's status during her incumbency as
congresswoman? (67) The price of staple goods like rice may be
regulated for the protection of the consuming
(A) She was a de jure officer, having public through the exercise of
been duly elected.
(A) power of subordinate legislation.
(B) She was not a public officer
because she had no valid existing (B) emergency power.
public office.
(C) police power.
(C) She was a de jure officer since she
completed her term before she was (D) residual power.
disqualified.
(68) Associate Justice A retires from the
(D) She was a de facto officer since she Supreme Court 90 days before the
was elected, served, and her forthcoming Presidential election. May the
disqualification only came later. incumbent President still appoint Justice A's
successor?
(65) Whose appointment is NOT subject to
confirmation by the Commission on (A) No, it will violate the Constitutional
Appointments? prohibition against midnight
appointments.
(A) Chairman of the Civil Service
Commission (B) Yes, vacancies in the Supreme
Court should be filled within 90 days
(B) Chief Justice of the Supreme Court from occurrence of the vacancy.
(C) Chief of Staff of the Armed Forces (C) Yes, vacancies in the Supreme
of the Philippines Court should be filled within 90 days
from submission of JBC nominees to
(D) Executive Secretary the President.
(66) The system of checks and balances (D) No, the incumbent President must
operates when yield to the choice of the next
President
(A) the President nullifies a conviction
in a criminal case by pardoning the (69) The President may set a limit on the
offender. country's import quota in the exercise of his
(B) Congress increases the budget (A) delegated power.

proposal of the President.
(B) concurring power.
(C) the President does not release the
countryside development funds to (C) residual power.
members of Congress.
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(D) inherent power. (B) Yes, the decision of the Office of the
President must contain its own crafted
(70) Amor sued for annulment of a deed of sale factual findings and legal conclusions.
of Lot 1. While the case was ongoing, Baltazar,
an interested buyer, got a Certification from (C) Yes, administrative due process
Atty. Crispin, the Clerk of Court, that Lot 1 was demands that the Office of the
not involved in any pending case before the President make findings and
court. Acting on the certification, the Register conclusions independent of its
of Deeds canceled the notice of lis pendens subordinate.
annotated on Lot 1’s title. Amor filed a damage
suit against Atty. Crispin but the latter invoked (D) No, the Office of the President is
good faith and immunity from suit for acts not precluded from adopting the
relating to his official duty, claiming he was not factual findings and legal conclusions
yet the Clerk of Court when Amor filed his contained in the HLURB decision.
action. Decide.
(72) A collision occurred involving a
(A) Atty. Crispin is immune from suit passenger jeepney driven by Leonardo, a
since he enjoys the presumption of cargo truck driven by Joseph, and a dump
regularity of performance of public truck driven by Lauro but owned by the City of
duty. Cebu. Lauro was on his way to get a load of
sand for the repair of the road along Fuente
(B) Atty. Crispin's defense is invalid Street, Cebu City. As a result of the collision, 3
since he issued his certification passengers of the jeepney died. Their families
recklessly without checking the facts. filed a complaint for damages against Joseph
who in turn filed a third party complaint
(C) Atty. Crispin's defense is valid since against the City of Cebu and Lauro. Is the City
he was unaware of the pendency of the of Cebu liable for the tort committed by its
case. employee?
(D) As Clerk of Court, Atty. Crispin (A) The City of Cebu is not liable
enjoys absolute immunity from suit for because its employee was engaged in
acts relating to his work. the discharge of a governmental
function.
(71) The Housing and Land Use Regulatory
Board (HLURB) found Atlantic Homes, Inc. (B) The City of Cebu is liable for the
liable in damages arising from its delayed tort committed by its employee while
release of the title to the house and lot that it in the discharge of a non-
sold to Josephine. Atlantic appealed to the governmental function.
Office of the President which rendered a one
page decision, affirming the attached HLURB (C) The City of Cebu is liable in accord
judgment. Atlantic challenges the validity of with the precept of respondeat
the decision of the Office of the President for superior.
not stating the facts and the law on which it is
based. Is the challenge correct? (D) The City of Cebu is not liable as a
consequence of its non-suitability.
(A) No, the Office of the President is
governed by its own rules respecting (73) During promulgation of sentence, the
review of cases appealed to it. presence of the accused is mandatory but he
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may appear by counsel or representative (C) to arrest persons committing

when rebellion.
(A) he is charged with a light offense. (D) to raid a suspected haven of

lawless elements.
(B) he was able to cross-examine the
prosecution’s witnesses. (76) Mass media in the Philippines may be
owned and managed by
(C) he waives his right to be present.
(A) corporations wholly owned and
(D) he is convicted of a bailable managed by Filipinos.
offense.
(B) corporations 60% owned by
(74) An information for murder was filed Filipinos.
against X. After examining the case records
forwarded to him by the prosecution, the trial (C) corporations wholly owned by
judge granted bail to X based on the Filipinos.
prosecution's manifestation that it was not
objecting to the grant of bail. Is the trial judge (D) corporations 60% owned and
correct? managed by Filipinos.
(A) Yes, the trial judge may evaluate (77) Procedural due process in administrative
the strength or weakness of the proceedings
evidence based on the case records
forwarded to him. (A) requires the tribunal to consider
the evidence presented.
(B) No, the trial judge should have held
a hearing to ascertain the quality of the (B) allows the losing party to file a
evidence of guilt that the prosecution motion for reconsideration.
had against X.
(C) requires hearing the parties on oral
(C) No, the trial judge should have argument.
conducted a hearing to ascertain first
whether or not X was validly arrested. (D) permits the parties to file
memoranda.
(D) Yes, the trial judge may reasonably
rely on the prosecution's (78) The Constitution prohibits cruel and
manifestation that he had no objection inhuman punishments which involve
to the grant of bail.
(A) torture or lingering suffering.
(75) The President CANNOT call out the
military (B) primitive and gross penalties.
(A) to enforce customs laws. (C) unusual penal methods.
(B) to secure shopping malls against (D) degrading and queer penalties.
terrorists.
Sison, PKD.
(79) Judge Lloyd was charged with serious (C) No, only the president may raise
misconduct before the Supreme Court. The the defense of immunity from suit.
Court found him guilty and ordered him
dismissed. Believing that the decision was not (D) Yes, Secretary Chua cannot be sued
immediately executory, he decided a case that for acts done in pursuance to his public
had been submitted for resolution. The office.
decision became final and executory. But the
losing party filed a certiorari action with the (81) Anton was the duly elected Mayor of
Court of Appeals seeking to annul the writ of Tunawi in the local elections of 2004. He got
execution issued in the case and bar Judge 51% of all the votes cast. Fourteen months
Lloyd from further acting as judge. Can the later, Victoria, who also ran for mayor, filed
relief against Judge Lloyd be granted? with the Local Election Registrar, a petition for
recall against Anton. The COMELEC approved
(A) No, Judge Lloyd's right to stay as the petition and set a date for its signing by
judge may be challenged only by direct other qualified voters in order to garner at
proceeding, not collaterally. least 25% of the total number of Bar
Examination Questionnaire for Political Law
(B) Yes, the action against Judge Lloyd Set A registered voters or total number of
may be consolidated with the case those who actually voted during the local
before the Court of Appeals and election in 2005, whichever is lower. Anton
decided by it. attacked the COMELEC resolution for being
invalid. Do you agree with Anton?
(C) Yes, Judge Lloyd 's right to stay as
judge may be challenged as a (A) No, the petition, though initiated
necessary incident of the certiorari by just one person, may be ratified by
action. at least 25% of the total number of
registered voters.
(D) No, the losing party has no
standing to challenge Judge Lloyd's (B) No, the petition, though initiated
right to stay as judge. by just one person may be ratified by
at least 25% of those who actually
(80) Executive Secretary Chua issued an order voted during the 2004 local elections.
prohibiting the holding of rallies along
Mendiola because it hampers the traffic flow to (C) Yes, the petition should be initiated
Malacanang. A group of militants questioned by at least 25% of the total number of
the order for being unconstitutional and filed registered voters who actually voted
a case against Secretary Chua to restrain him during the 2004 local elections.
from enforcing the order. Secretary Chua
raised state immunity from suit claiming that (D) Yes, the petition should be
the state cannot be sued without its consent. Is initiated by at least 25% of the total
the claim correct? number of registered voters of
Tunawi.
(A) No, public officers may be sued to
restrain him from enforcing an act (82) Using the description of the supplier of
claimed to be unconstitutional. shabu given by persons who had been arrested
earlier for selling it, the police conducted a
(B) Yes, the order was not a surveillance of the area indicated. When they
proprietary act of the government. saw a man who fitted the description walking
from the apartment to his car, they
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approached and frisked him and he did not (B) the President, the appointing
object. The search yielded an unlicensed gun power.
tucked on his waist and shabu in his car. Is the
search valid? (C) Supreme Court issuances.
(A) No, the man did not manifest any (D) the rules of court.
suspicious behavior that would give
the police sufficient reason to search (85) When an elective official's preventive
him. suspension will result in depriving his
constituents of his services or representation,
(B) Yes, the police acted on reliable the court may
information which proved correct
when they searched the man and his (A) require the investigating body to
car. expedite the investigation.
(C) Yes, the man should be deemed to (B) hold in abeyance the period of such
have waived his right to challenge the suspension.
search when he failed to object to the
frisking. (C) direct the holding of an election to
fill up the temporary vacancy.
(D) No, reliable information alone,
absent any proof beyond reasonable (D) shorten the period of such
doubt that the man was actually suspension.
committing an offense, will not
validate the search. (86) When the State requires private
cemeteries to reserve 10% of their lots for
(83) A law interfering with the rights of the burial of the poor, it exercises its
person meets the requirements of substantive
due process when (A) eminent domain power.
(A) the means employed is not against (B) zoning power.

public policy.
(C) police power.
(B) it is in accord with the prescribed
manner of enforcement as to time,
(D) taxing power.
place, and person.
(87) In the valid exercise of management
(C) all affected parties are given the prerogative consistent with the company's
chance to be heard. right to protect its economic interest, it may
prohibit its employees from
(D) the interest of the general public,
as distinguished from those of a
(A) joining rallies during their work
particular case, requires such shift.
interference.
(B) marrying employees of competitor
(84) A judge of the Regional Trial Court companies.
derives his powers and duties from
(A) statute.
Sison, PKD.
(C) publicly converging with patrons properties claimed by the Presidential

of competitor companies. Commission on Good Government. X sought to
restrain the Committee from proceeding with
(D) patronizing the product of its investigation because of a pending criminal
competitor companies. case against him before the Sandiganbayan for
ill-gotten wealth involving the same
(88) The President issued an executive order properties. Decide. The investigation may
directing all department heads to secure his
consent before agreeing to appear during (A) not be restrained on ground of
question hour before Congress on matters separation of powers.
pertaining to their departments. Is the
executive order unconstitutional for (B) be restrained on ground of
suppressing information of public concern? prejudicial question.
(A) No, because those department (C) not be restrained on ground of

heads are his alter egos and he is but presumed validity of legislative action.
exercising his right against self-
incrimination. (D) be restrained for being sub judice.
(B) Yes, the President cannot control (91) A government that actually exercises
the initiative of the department heads power and control as opposed to the true and
to conform with the oversight function lawful government is in terms of legitimacy
of Congress.
(A) a government of force.
(C) Yes, the President cannot withhold
consent to the initiative of his (B) an interim government.
department heads as it will violate the
principle of check and balance. (C) a de facto government.
(D) No, the President has the power to (D) an illegitimate government.
withhold consent to appearance by his
department heads during question (92) The Special Committee on Naturalization
hour. is headed by
(89) When the President contracted a (A) the Secretary of Justice.

personal loan during his incumbency, he may
be sued for sum of money
(B) the Secretary of Foreign Affairs.
(A) during his term of office. (C) the National Security Adviser.
(B) during his tenure of office. (D) the Solicitor General.
(C) after his term of office. (93) The President issued Proclamation 9517
declaring a state of emergency and calling the
(D) after his tenure of office. armed forces to immediately carry out
necessary measures to suppress terrorism and
(90) The Senate Blue Ribbon Committee lawless violence. In the same proclamation, he
summoned X, a former department secretary, directed the government's temporary
to shed light on his alleged illicit acquisition of
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takeover of the operations of all privately on Human Rights, the President appointed W
owned communication utilities, prescribing to that position without submitting his
reasonable terms for the takeover. Is the appointment to the Commission on
takeover valid? Appointments for confirmation. Is W’s
appointment by the President valid?
(A) Yes, it is an implied power flowing
from the President's exercise of (A) No, since the position of Chairman
emergency power. of the Commission was created by
statute, the appointment of its holder
(B) No, it is a power reserved for requires the consent of Congress.
Congress alone.
(B) Yes, since the power to appoint in
(C) Yes, subject to ratification by the government, if not lodged
Congress. elsewhere, belongs to the President as
Chief Executive.
(D) No, it is a power exclusively
reserved for the People's direct action. (C) Yes, since the power to fill up all
government positions mentioned in
(94) A candidate for Senator must be at least the Constitution has been lodged in the
35 years old on President.
(A) the day he is duly proclaimed. (D) No, because absent any express
authority under the Constitution, the
(B) the day the election is held. power to appoint does not exist.
(C) the day he files his certificate of (97) The Chief Justice appointed X, the
candidacy. President’s sister, as Assistant Court
Administrator in the Supreme Court during
(D) the day he takes his oath of office. the President's tenure. Claiming that the
Constitution prohibits the appointment in
(95) The Office of the Special Prosecutor may government of a President’s relative, a
file an information against a public officer for taxpayer asks for its nullification. Will the
graft challenge prosper?
(A) on its own initiative subject to (A) Yes, since the appointment
withdrawal of the information by the essentially violates the law against
Ombudsman. nepotism.
(B) independently of the Ombudsman, (B) Yes, because relatives of the

except in plunder cases. President within the fourth civil
degree cannot be appointed as heads
of offices in any department of
(C) only when authorized by the
government.
Ombudsman.
(C) No, X's appointment, although in
(D) independently of the Ombudsman.
the government, is not in the Executive
Department that the President heads.
(96) Since the Constitution is silent as to who
can appoint the Chairman of the Commission
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(D) No, the position to which X was benefits. The same package was given to the
appointed is not among those other foreign teachers. The Filipino teachers
prohibited under the Constitution. assailed such differential treatment, claiming
it is discriminatory and violates the equal
(98)May an incumbent Justice of the Supreme protection clause. Decide.
Court be disbarred as a lawyer?
(A) The classification is based on
(A) No, it will amount to removal. superficial differences.
(B) No, his membership in the bar is (B) The classification undermines the
secure. "Filipino First" policy.
(C) Yes, by the Supreme Court itself. (C) The distinction is fair considering
the burden of teaching abroad.
(D) Yes, by Congress in joint session.
(D) The distinction is substantial and
(99) Mayor Lucia of Casidsid filed her uniformly applied to each class.
certificate of candidacy for congresswoman of
the district covering Casidsid. Still, she 2012
continued to act as mayor of Casidsid without
collecting her salaries as such. When she lost Set A
the election and a new mayor assumed office,
she filed an action to collect the salaries she 1. Constitution is defined by Cooley as:
did not get while serving as mayor even when a. a body of statutory,
she ran for congresswoman. Is her action administrative and political
correct? provisions by which the three
branches of government are
(A) No, salaries can be waived and she defined;
waived them. b. a body of rules and maxims in
accordance with which the
(B) No, because her acts as de facto powers of sovereignty are
officer are void insofar as she is habitually exercised;
concerned. c. a body of rules and edicts
emanating from the rulings of
(C) Yes, public policy demands that a courts and written guidelines
de facto officer enjoy the same rights of of the executive and the
a de jure officer. legislature by which
government is governed;
(D) A. Yes, it is but just that she be paid d. a body of interpretations and
for the service she rendered. rules by which the three
branches of government are
(100) X, a Filipino and Y, an American, both judged for purposes of
teach at the International Institute in Manila. sovereign compliance with
The institute gave X a salary rate of P1,000 per good corporate governance.
hour and Y, P1,250 per hour plus housing, 2. The three essential parts of a
transportation, shipping costs, and leave Constitution are:
travel allowance. The school cited the a. the bill of rights, governmental
dislocation factor and limited tenure of Y to organization and functions,
justify his high salary rate and additional and method of amendment;
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b. the preamble, the bill of rights, 5. The Constitution declares that the
and provisions on checks and Philippines is a republican state.
balances; Republicanism means:
c. the national territory, the a. the form of government must
declaration of principles and be presidential;
state policies, and the b. the representatives of the
transitory provisions; government are elected by the
d. the executive department, the people;
legislative department and the c. sovereignty resides in the
judiciary. elected representatives of the
3. The constitutional provision on government;
initiative and referendum is not self- d. the form of government cannot
executory. This is so because it be changed by the people.
requires: 6. A chief characteristic of the
a. an implementing resolution presidential form of government is:
from the COMELEC; a. concentration of power in the
b. an implementing resolution judiciary thru the power of
from the Supreme Court; expanded judicial review;
c. an implementing legislation; b. supremacy of the presidency
d. an implementing resolution compared to the totality of
from the party-list powers of the legislative;
representative of the House of c. regular periodic election of the
Representatives. President for a fixed term;
4. In an amendment to the constitution d. unlimited term for the
by "initiative and referendum", the President for as long as elected
"initiative" phase is meant that the by the people in free and
people propose the amendments. honest elections.
There is a valid proposal when a 7. Which of the following best
proposition has received the approval exemplifies how the system of checks
of: and balances is carried out:
a. at least 3% of the persons of a. the legislature passes a law
majority age of each district, that prohibits the president
and 12% of the registered from commuting a judiciary
voters of the region from imposed sentence, as a check
proposal emanates; of the president;
b. at least 3% of the registered b. the President pardons a
voters of each province and convict as a way to set aside or
12% of the total number of modify a judgment of the
registered voters nationwide; judiciary;
c. at least 3% of the registered c. the judiciary overturns a
voters of each district and 12% pardon granted by the
of the total number of President as a check on
registered voters nationwide; executions;
d. more than 3% of the 3% of the d. the President pardons an
registered voters of each accused after arraignment in
district but less than 12% of the interest of justice.
the total number of registered 8. Which phrase best completes the
voters nationwide. statement – The starting point of the
principle of separation of powers is the
assumption of the division of the
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functions of government into three 12. Dual allegiance by citizen is:

distinct classes: a. inimical to the national
a. the bill of rights, state policies, interest and is therefore
and social justice and human proscribed by law;
rights; b. inimical to the national
b. the accountability of public interest and is therefore
officers, the constitutional prescribed by law;
commissions, and the national c. inimical to the national
economy and patrimony; interest and therefore shall be
c. the self-executing provisions, dealt with by law;
the non-self-executing d. inimical to the national
provisions, and the self- interest and is therefore
evident social justice outside of coverage of law.
provisions; 13. Margarita was born in 1986 to a
d. the executive, the legislative, Filipino mother and Swedish father.
and the judicial. She has been living and continues to
9. The Constitution provides that the live in the US for the last 20 years and
"separation of church and state shall has also been naturalized as a US
be inviolable." This is implemented citizen. She recently reacquired
most by the constitutional principles Philippine citizenship under RA 9225,
embodied in: the Citizenship Retention and
a. the free exercise clause; Reacquisition Act of 2003. Can
b. the non-establishment clause; Margarita vote in the next national
c. the freedom of religious belief elections?
clause; a. Yes. Dual citizens who are not
d. the freedom of religion clause. residents may register under
10. Which one of the following is a non- the Overseas Absentee Voting
self-executing provision of the Law.
Constitution: b. Yes. Margarita is a Filipino
a. no law shall be passed citizen and thus may enjoy the
abridging the freedom of right to suffrage like everyone
speech; else without registering as an
b. no law shall be made overseas absentee voter.
respecting an establishment of c. No. Margarita fails the
religion; residency requirement under
c. no person shall be held to Section 1, Article V of the
answer for a criminal offense Constitution for Filipinos.
without due process of law; d. No. Dual citizens upon
d. the state shall encourage and renunciation of their Filipino
support researches and citizenship and acquisition of
studies on the arts and culture. foreign citizenship, have
11. Basic Philippine law, in respect of the practically and legally
modes of acquiring citizenship, follows abandoned their domicile and
the rule(s) of: severed their legal ties to their
a. jus soli and jus sanguinis; homeland as a consequence.
b. naturalization and provides 14. Identify which one is an invalid
for jus soli; exercise of the legislative power:
c. jus sanguinis and provides for a. legislation by local
naturalization; government on purely local
d. none of the above. matters;
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b. law granting an administrative a. 250,000;

agency the power to define b. 150,000;
policy and fix standards on c. 100,000;
price control; d. 175,000.
c. law authorizing the President, 18. A Senator or Member of the House of
in times of war or other Representatives shall be privileged
national emergency, for a from arrest while Congress is in
limited period, subject to session for all offenses punishable by
prescribed restrictions, to imprisonment of not more than:
exercise powers necessary and a. life imprisonment;
proper to carry out a declared b. reclusion perpetua;
national policy; c. six years imprisonment;
d. law authorizing the President d. four years imprisonment.
to fix, within specific limits, 19. No Senator or member of the House of
tariff rates, import and export Representatives may personally
quotas, and other duties, appear as counsel before:
within the framework of the a. any regional court;
national development b. any court of justice;
program of the government. c. any inferior court;
15. Which one of the following theories d. any appellate court.
does not support the valid delegation 20. Which of the following can be changed
of authority by the Congress to an by an ordinary law enacted by
administrative agency: Congress?
a. an administrative agency may a. Commencement of the term of
"fill up the details" of a statute; office of Senators;
b. the legislature may leave to b. Date of regular election for
another body the President and Vice
ascertainment of facts Presidential;
necessary to bring the law into c. Authority to transfer
actual operation; appropriation;
c. an administrative agency has d. Regular election of the
equal expertise with the members of Congress.
legislature in crafting and 21. Congress shall have the sole power to
implementing laws; declare the existence of a state of war
d. contingent legislation. by vote of:
16. The rule in Article V1, Section 5 (3) of a. three-fourths of both Houses
the Constitution that "Each legislative in joint session assembled,
district shall comprise, as far as voting jointly;
practicable, contiguous, compact and b. two-thirds of both Houses in
adjacent territory" is a prohibition joint session assembled, voting
against: jointly;
a. re-apportionment; c. two-thirds of both Houses in
b. commandeering of votes; separate session assembled,
c. gerrymandering; voting jointly;
d. re-districting. d. two-thirds of both Houses in
17. Article V1, Section 5(3) of the joint session, voting
Constitution requires that for a city to separately.
be entitled to have at least one 22. If by the end of any fiscal year, the
representative, its population shall be Congress shall have failed to pass the
at least: general appropriations bill for the
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ensuring fiscal year, the general d. actually took part in the voting
appropriations law for the preceding thereon and took notes on the
fiscal year shall be deemed: actual deliberations.
a. referred; 28. When the Supreme Court sits in
b. unacted; division, cases can be decided by as
c. refilled; few as a minimum of:
d. re-enacted. a. three votes;
23. Provisions unrelated to an b. four votes;
appropriation bill are considered c. five votes;
prohibited. These are called: d. six votes.
a. interlopers; 29. A person who has a personal and
b. riders; substantial interest in the case, such
c. outriggers; that he has sustained, or will sustain,
d. add-ons. direct injury as a result of its
24. The requirement that "Every bill shall enforcement is considered to have:
embrace only one subject which shall a. understanding to challenge the
be expressed in the title thereof" governmental act;
prevents: b. standing to challenge the
a. rollercoaster legislation; governmental act;
b. log-rolling legislation; c. opportunity to challenge the
c. rolling fields legislation; governmental act;
d. loggerhead legislation. d. familiarity to challenge the
25. The power of the President to veto any governmental act.
particular part in an appropriation 30. Congressman Sugar Oll authored a bill
revenue, or tariff bill, is called the: called House Bill No, 0056 which
a. specific veto; legalizes jueteng. When the Bill
b. revenue veto; became law (RA 10156), Fr. Nosu Gal,
c. item veto; a priest, filed a petition seeking for the
d. monetary veto. nullification of RA 10156 on the
26. A tax is progressive when: ground that it is unconstitutional as it
a. the rate fluctuates as the tax violates Section 13, Article II, of the
base decreases; 1987 Constitution which states that
b. the rate increases as the tax "The state recognizes the vital role of
base remains the same; the youth in nation-building and shall
c. the rate increases as the tax promote and protect their physical,
base increases; moral, spiritual, intellectual, and social
d. the rate decreases as the tax well-being". Fr. Gal filed the petition as
base increases. a concerned citizen and as taxpayer.
27. When the Supreme Court sits en banc, Does Fr. Gal have locus standi?
cases are decided by the concurrence a. No, because Fr. Gal has no
of a majority of the members who: personal and substantial
a. actually sent in memos on interest that will be prejudiced
matters for deliberation and by the implementation of the
called in their votes thereon; law;
b. actually participated in the b. No, the law concerns neither
oral arguments and voted citizens nor expenditure of
thereon; public funds;
c. actually took part in the c. Yes, because the issue is of
deliberations on the issues in transcendental importance;
the case and voted thereon;
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d. Yes, because as priest, Fr. Gal a. right to academic freedom;

has special interest in the well- b. right to a balanced and
being of the youth. healthful ecology;
31. Where there is "the impossibility of a c. right to freedom of expression
court’s undertaking independent and of assembly;
resolution without expressing lack of d. right to equal health.
the respect due coordinate branches of 36. In which of the following would there
government; or an unusual need for be no double jeopardy even if a
unquestioning adherence to a political subsequent case is filed?
decision already made; or the a. Pot is accused before the RTC
potentially of embarrassment from of qualified theft. After
multifarious pronouncement by innumerable postponements
various departments on a question," against Pot’s wishes, he moves
describes what kind of political for dismissal for denial of the
question: right to a speedy trial.
a. adherence kind; Prosecutor objected. Dismissal
b. prudential kind; granted;
c. respectful kind; b. Pot is accused before the RTC
d. deference kind. of qualified theft. After
32. The "operative fact" doctrine of innumerable postponements
constitutional law is applied when a against Pot’s wishes, the
law is declared: prosecutor moves for
a. operative; dismissal with the consent of
b. factual; Pot. Granted;
c. constitutional; c. Pot is accused before the RTC
d. unconstitutional. of qualified theft. After
33. The totality of governmental power is innumerable postponements
contained in three great powers: against Pot’s wishes, he moves
a. police power, power of for dismissal for denial of the
sequestration, power of right to a speedy trial.
foreign policy; Prosecutor posts no
b. power of immigration, objections. Dismissal granted;
municipal power, legislative d. Pot is accused before the RTC
power; of qualified theft. After
c. executive power, legislative innumerable postponements
power, judicial power; against Pot’s wishes, the
d. police power, power of prosecutor moves for
eminent domain, power of dismissal over the objections
taxation. of Pot. Granted.
34. The most essential, insistent and the 37. Under Article III, Section 2 of the Bill of
least limitable of (government) Rights, which provides for the
powers, extending as it does to all the exclusion of evidence that violate the
great public needs, is: right to privacy of communication and
a. emergency power; correspondence, to come under the
b. police power; exclusionary rule, the evidence must
c. legislative power; be obtained by:
d. power to declare martial law. a. private individuals acting on
35. In the hierarchy of civil liberties, which their own;
right occupies the highest preferred b. government agents;
position:
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c. private individuals acting on d. Yes, because there is no clear

orders of superiors; and present danger in holding
d. former high government a religious meeting by another
officials. religious group near a catholic
38. The complementing regime that best church.
characterizes the guarantees of 41. Which one is NOT a recognized
freedom of speech and of the press are: limitation to the right to information
a. prior punishment and on matters of public concern:
moderate punishment; a. national security matters;
b. prior censorship and b. trade secrets and banking
subsequent remedies; transactions;
c. no prior restraint and c. criminal matters or classified
subsequent punishment; law enforcement matters;
d. no prior restraint and no d. government research data
subsequent punishment. used as a basis for policy
39. The free exercise and non- development.
establishment clauses pertain to which 42. Which one of the following
right under the Bill of Rights: circumstances is NOT an element of
a. liberty of movement; taking under eminent domain:
b. liberty of abode; a. entering upon public property
c. religion; for a momentary period;
d. life and liberty. b. under color of legal authority;
40. The Gangnam Style’s Witnesses c. devoting it to public use;
(whose tenets are derogatory to the d. as substantially to cust the
Catholic Church), applied for a permit owner of all beneficial
to use the public plaza and kiosk to ownership.
hold their religious meeting on the 43. Market value for purposes of
occasion of their founding determining just compensation in
anniversary. Mayor Lebron allowed eminent domain has been described as
them to use the northwestern part of the fair value of property:
the plaza but not the kiosk (which is a a. between one who desires to
few meters away from the Catholic purchase and one does not
church). Members of the Gangnam desire to sell;
Style Witnesses claim that the act of b. between one who desires to
Mayor Lebron is a violation of their purchase and one who wants
freedom of assembly and religion. Is to delay selling;
this correct? c. between one who desires to
a. No, because this is valid purchase and one who desires
exercise of police power; to sell;
b. Yes, because the plaza being of d. between one who desires to
public use can be used by purchase on terms and one
anybody regardless of who desires to sell after a
religious belief; period of time.
c. No, because historical 44. Under Article III, Section 12 of the
experience shows that peace Constitution, any person under
and order may be disturbed investigation for the commission of an
whenever two opposing offense shall have the right to be
religious groups or beliefs informed of his right to remain silent,
expound their dogmas; etc. The investigation referred to is
called:
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a. preliminary investigation; b. grave danger of invasion or

b. summary investigation; rebellion when the public
c. criminal investigation; safety requires it;
d. custodial investigation. c. clear and present danger of
45. All persons charged shall, before invasion or rebellion when the
conviction, be bailable by sufficient public safety requires it;
sureties, except those charged with: d. invasion or rebellion when the
a. offenses punishable by death public safety requires it.
when evidence of guilt is 49. The right of the accused against self-
strong; incrimination will be violated if:
b. offenses punishable by life a. he is charged with violation of
imprisonment when evidence the Anti-Money Laundering
of guilt is strong; Act and he was required to
c. offenses punishable by death produce his bank passbook;
when evidence of guilt is weak; b. he is a public officer charged
d. offenses punishable by with amassing ill-gotten
reclusion perpetua when wealth and his statement of
evidence of guilt is strong. assets and liabilities will be
46. Criminal trial may proceed, presented as evidence;
notwithstanding the absence of the c. his gun was subjected to a
accused provided that he has been ballistics test;
duly notified, and his failure to appear d. a sample of his blood was
is unjustifiable, after: taken if his blood type matches
a. preliminary investigation; the blood type found at the
b. arraignment; scene of the crime.
c. sentencing; 50. The death penalty shall not be
d. prosecution has rested its case. imposed:
47. The requisites of a valid trial in a. unless for compelling reasons
absentia exclude: involving death penalty crimes
a. Wherein his/her failure to and the executive hereafter
appear is unjustifiable; provides for it;
b. Wherein he/she allows b. unless for compelling reasons
himself/herself to be identified involving heinous crimes and a
by the witness in his/her constitutional amendment
absence, without further provides for it;
unqualified admitting that c. unless for compelling reasons
every time a witness mentions involving heinous crimes and
a name by which he/she is Congress hereafter provides
known, it shall be understood for it;
to refer to him/her; d. unless for compelling reasons
c. Wherein he/she has been duly involving heinous crimes and
notified of the trial; the Supreme Court hereafter
d. Wherein the accused has upholds it.
already been arraigned. 51. An ex post facto law has been defined
48. The privilege of the writ of habeas as one:
corpus shall not be suspended except a. which aggravates a crime or
in cases of: makes it lesser than when it
a. imminent danger of invasion was committed;
or rebellion when the public
safety requires it;
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b. which mitigates a crime or c. intergenerational

makes it lesser than when it responsibility;
was committed; d. interdisciplinary
c. which aggravates a crime or responsibility.
makes it greater than when it 57. In a unitary system of government,
was committed; such as the government under the
d. which aggravates a crime or Philippine Constitutor, local
makes it non-criminal after it government can only be:
was committed. a. an imperuim in imperio;
52. A bill of attainder is: b. an infa-sovereign subdivision;
a. an executive act which inflicts c. a sovereign nation;
punishment without tender; d. a sovereign entity.
b. a judicial act which inflicts 58. Which one is NOT among the
punishment without tender; Constitutionally mandated grounds
c. a legislative act which inflicts for impeachment of impeachable
punishment without trial; officials:
d. a legislative act which pardons a. culpable violation of the
punishment after tender. Constitution;
53. Which one of the following is NOT an b. treason, bribery, graft and
independent Constitutional corruption and other high
Commission under Article IX, Section 1 crimes;
of the Constitution: c. betrayal of public trust;
a. Commission on Elections; d. culpable violation of the duty
b. Commission on Human Rights; to be at all times accountable
c. Civil Service Commission; to the people.
d. Commission on Audit. 59. Which is NOT an impeachable public
54. The independent Constitutional officer:
Commissions enjoy: a. a justice of the Supreme Court;
a. decisional autonomy; b. a commissioner of the
b. organizational autonomy; Comelec;
c. fiscal autonomy; c. the administrator of the
d. quasi-judicial autonomy. Supreme Court;
55. The Civil Service shall be administered d. the Ombudsman.
by the Civil Service Commission 60. Which has the exclusive power to
composed of a: initiate all cases of impeachment:
a. Chairman and a a. the Senate;
Commissioner; b. the House of Representatives;
b. Chairman and two (2) c. the Senate President;
Commissioners; d. the Speaker of the House of
c. Chairman and three (3) Representatives.
Commissioners; 61. At least one-third of all the members of
d. Chairman and four (4) the House of Representatives may file
Commissioners. articles of impeachment by:
56. In Oposa vs. Factoran, Jr., G.R. No. a. verified bill and resolution;
101083, July 30, 1993, the Supreme b. verified complaint and
Court held that the personality of the resolution;
petitioners to sue is based on the c. verified notice and resolution;
concept of: d. verified complaint and notice.
a. ecological responsibility;
b. environmental accountability;
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62. The President cannot grant pardon in d. Statement of personal assets,

cases of impeachment. He may liabilities and net worth.
however exercise such power when: 66. The independent economic planning
a. A person convicted in an agency of the Government as provided
impeachment proceeding is for by the Constitution is the:
subject to prosecution, trial a. National Privatization Office;
and punishment in an ordinary b. National Productivity
criminal action; Commission;
b. A person convicted in an c. National Economic
impeachment proceeding is Development Authority;
granted an absolute pardon; d. National Economic Council.
c. A person convicted in an 67. The Independent Central Monetary
impeachment proceeding files Authority of the Government is the:
his appeal before the Supreme a. Bankers Association of the
Court; Philippines;
d. None of the above. b. Philippine Mission of the
63. A public officer impeached and International Monetary Fund;
removed from office shall: c. Central Bank of the
a. nevertheless be immure from Philippines;
prosecution, trial and d. World Bank, Philippine
punishment according to law; Affiliate.
b. nevertheless be liable and 68. The President may contract or
subject to prosecution, trial guarantee foreign loans on behalf of
and punishment under the the Republic of the Philippines only
Anti-Graft and Corrupt upon prior concurrence of the:
Practices Act; a. House of Representatives;
c. nevertheless be liable and b. Senate;
subject to prosecution, trial c. Central Bank;
and punishment according to d. Monetary Board.
law; 69. Bona fide associations of citizens
d. nevertheless be liable and which demonstrate capacity of
subject to prosecution, trial promote the public interest and with
and punishment only for identifiable leadership, membership,
criminal acts under the law. and structure are:
64. The Ombudsman and his deputies are a. independent party-list
appointed by the President from a list organizations;
prepared by: b. independent sectoral
a. the Integrated Bar of the organizations;
Philippines; c. independent indigenous
b. the Commission on organizations;
Appointments; d. independent people’s
c. the Judicial and Bar Council; organizations.
d. the Supreme Court. 70. The principal function of the
65. SALN means: Commission on Human Rights is:
a. Summary of assets, liabilities a. issue writs of injunction/
and net worth; restraining orders;
b. Statement of assets in banks, b. investigatory;
liabilities and net worth; c. quasi-judicial;
c. Statement of assets, liabilities d. rule-making.
and net worth;
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71. Optional religious instruction in public an alleged offender or fugitive criminal

elementary and high schools is who has sought refuge in the territory
allowed provided it be: of the first State, in order to stand trial
a. without additional overtime or complete his prison term:
cost to Government; a. extramediation;
b. without additional cost to b. exterrertioriality;
Government; c. extradition;
c. without additional cost for d. extraterritoriality.
religious books to 77. This doctrine considers the general or
Government; customary norms of international law
d. without additional power as a part of municipal law and are to be
consumption costs to enforced as such, without regard as to
Government. whether they are enacted as statutory
72. Academic freedom shall be enjoyed: or legislative rules or not:
a. in all public institutions; a. accession;
b. in all elementary and high b. incorporation;
schools; c. accretion;
c. in all schools; d. adoption.
d. in all institutions of higher 78. Under the United Nations Conference
learning. of the Law of the Sea (UNCLOS), the
73. Under Article 38(1) of the Statute of extent of the contiguous zone is:
the International Court of Justice, a. 3 nautical miles from the
which one of the following is NOT lowest water mark;
considered a source of international b. 12 miles from the outer limits;
law: c. 12 miles from the lowest water
a. international conventions; mark;
b. international custom; d. 200 miles from the outer
c. international humanitarian limits.
law; 79. It is a line from which the breadth of
d. general principles of law. the territorial sea and other maritime
74. In international law, it is a norm which zones is measured:
States cannot derogate or deviate from a. contiguous line;
their agreements: b. economic line;
a. terra nullius; c. baseline;
b. opinio juris; d. archipelagic line.
c. jus cogens; 80. It is a maritime zone adjacent to the
d. jus cogentus. territorial seas where the coastal state
75. In international law, the status of an may exercise certain protective
entity as a State is accepted by other jurisdiction:
States through this act. It is the "act by a. baseline zone;
which another State acknowledges b. contiguous zone;
that the political entity recognized c. transit zone;
possesses the attributes of statehood." d. appurtenant zone.
a. accession; 81. Butchoy installed a jumper cable. He
b. recognition; was prosecuted under a Makati
c. acknowledgment; ordinance penalizing such act. He
d. attribution. moved for its dismissal on the ground
76. An act or process by which a State, in that the jumper cable was within the
compliance with a formal demand or territorial jurisdiction of Mandaluyong
request, surrenders to another State and not Makati. The case was
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dismissed. The City of Mandaluyong a. agency statement of general

thereafter filed a case against him for applicability that implements
theft under the Revised Penal Code or interprets a law;
(RCP). Is there double jeopardy? b. fixes and describes the
a. No. The first jeopardy was procedures in or practice
terminated with his express requirements of, an agency;
consent; c. includes memoranda and
b. Yes. This is double jeopardy of statements concerning
the second kind – prosecution internal administration;
for the same act under an d. an agency process for the
ordinance and a law; formulation of a final order.
c. Yes. He is prosecuted for the 85. Under the Administrative Code,
same offense which has "adjudication" means:
already been dismissed by the a. whole or any part of any
City of Makati; agency permit, certificate, or
d. No. The second kind of double other form of permission, or
jeopardy under Section 21, regulation of the exercise of a
Article III only contemplates right or privilege;
conviction or acquittal which b. an agency process for the
could terminate a first formulation of a final order;
jeopardy. c. agency process for the
82. One of the cardinal primary due formulation, amendment, or
process rights in administrative repeal of a rule;
proceedings is that evidence must be d. agency process involving the
"substantial." "Substantial evidence" grant, renewal, denial,
is: revocation or conditioning of a
a. less than a mere scintilla; license.
b. less than preponderant 86. The requirement of the Administrative
scintilla; Code on "public participation" is that,
c. more than a glint of scintilla; if not otherwise required by law, an
d. more than a mere scintilla. agency shall:
83. A statutory provision requiring the a. in all cases, publish or circulate
President or an administrative agency notices of proposed rules and
to present the proposed implementing afford interested parties the
rules and regulations of a law to opportunity to submit their
Congress which by itself or through a views prior to the adoption of
committee formed by it, retains a any rule;
"right" or "power" to approve or b. in all clear and proper cases,
disapprove such regulations before publish or circulate notices of
they may take effect, is a: proposed rules and afford
a. legislative encroachment; interested parties the
b. legislative veto; opportunity to submit their
c. legislative oversight; views prior to the adoption of
d. legislative scrutiny. any rule;
84. Which one of the enumeration below c. as far as practicable, publish or
does not come under the circulate notices of proposed
Administrative Code definition of a rules and afford the party-list
"rule": parties the opportunity to
submit their views prior to the
adoption of any rule;
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d. as far as practicable, publish or b. the findings of fact of the

circulate notices of proposed agency when supported by
rules and afford interested preponderant evidence, shall
parties the opportunity to be final;
submit their views prior to the c. the findings of fact of the
adoption of any rule. agency when supported by
87. Under the Administrative Code, in the substantial evidence, shall be
fixing of rates, no rules or final order final;
shall be valid unless: d. the findings of law of the
a. the proposed rates shall have agency when supported by
been submitted to the U.P. Law credible evidence, shall be
Center for publication at least final.
two weeks before the first 90. The right of the accused to be informed
hearing thereon; is violated if:
b. the proposed rates shall have a. he was accused of killing his
been published in the Official wife by strangulation but it
Gazette at least two weeks was proven that his wife died
before the final hearing of poisoning;
thereon; b. it was proven that he killed
c. the proposed rates shall have somebody on a date different
been published in a newspaper from the one alleged in the
of general circulation at least information;
two weeks before the first c. he was charged with parricide
hearing thereon; but was convicted of murder,
d. the proposed rates shall have because it turned out that he
been published in a newspaper and the victim were not
of general circulation at least married;
two weeks before the final d. the accused was charged with
hearing thereon. commission of acts of
88. In the judicial review of decisions of lasciviousness and was
administrative agencies, the convicted of unjust vexation.
Administrative Code requires that the 91. A criminal statute that "fails to give a
review shall be made: person of ordinary intelligence fair
a. on the basis of the pleadings notice that his contemplated conduct
taken as a whole; is forbidden by statute" is:
b. on the basis of the record taken a. void for fair notice;
as a whole; b. void for arbitrariness;
c. on the basis of the evidence c. void for vagueness;
taken as a whole; d. void conclusively.
d. on the basis of the memoranda 92. "Chilling effect" is a concept used in the
taken as a whole. area of constitutional litigation
89. In the judicial review of decisions of affecting:
administrative agencies, the a. protected speech;
Administrative Code requires that, b. protected executive privilege;
except when specifically provided c. protected legislative
otherwise by law: discretion;
a. the findings of law of agency d. protected judicial discretion.
when supported by substantial 93. In the law of libel and protected
evidence, shall be final; speech, a person who, by his
accomplishments, fame, or mode of
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living, or by adopting a profession or a. there is a need for an

calling which gives the public a administrative but not a
legitimate interest in his doings, his judicial warrant for seizure of
affairs, and his character, has become goods and arrest of the
a: offender;
a. public figure; b. there is need for a warrant for
b. celebrity; the seizure of the goods and for
c. public official; the arrest of the offender;
d. de facto public officer. c. there is no need for a warrant
94. Which one of the following is not a either for the seizure of the
proper test in cases of challenges to goods or for the arrest of the
governmental acts that may violate offender;
protected speech: d. the offender can be arrested
a. clear and present danger; but there is a need for a
b. balancing of interests; separate warrant for the
c. reasonable relation; seizure of the goods.
d. dangerous tendency. 98. Where a police officer observes
95. Commercial speech is entitled to: unusual conduct which leads him
a. more protection compared to reasonably to conclude in light of his
other constitutionally experience that criminal activity may
guaranteed expression; be afoot and that the persons with
b. equal protection compared to whom he is dealing may be armed and
other constitutionally dangerous and he identifies himself
guaranteed expression; and makes reasonable inquiries, but
c. lesser protection compared to nothing serves to dispel his reasonable
other constitutionally fear for his own or other’s safety, he is
guaranteed expression; entitled to conduct a carefully limited
d. none of the above. search of the outer clothing of such
96. No liability can attach to a false, persons for weapons. Such search is
defamatory statement if it relates to constitutionally permissible and is
official conduct, unless the public known as a:
official concerned proves that the a. stop and search;
statement was with knowledge that it b. stop and frisk;
was false or with reckless disregard of c. stop and interrogate;
whether it was false or not. This is d. stop and detain.
known as what rule? 99. Accused was charged with slight illegal
a. libel malice rule; detention. On the day set for the trial,
b. actual malice rule; the trial court proceeded as follows:
c. malice in fact rule;
d. legal malice rule.
97. It is form of entrapment. The method is "Court: to the Q: "Do you have an
for an officer to pose as a buyer. He, accused: attorney or are you going
however, neither instigates nor to plead guilty?"
induces the accused to commit a crime
because in these cases, the "seller" has A: "I have no lawyer and I
already decided to commit a crime. will plead guilty."
The offense happens right before the
eyes of the officer. Under these Accused was then arraigned, pleaded
circumstances: guilty, was found guilty and sentenced.
On appeal, the Supreme Court
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reversed. The accused was deprived of A:

his:
a. The challenge must be rejected.
a.
right to cross-examination;
b.
right to be presumed innocent; The liberty of abode and right to travel
c.
right to counsel; are not absolute rights and may be
d.
right to production of reasonably impaired, among others, upon
evidence. the exercise by trial courts of their
100. The constitutional right of an inherent power to limit the movements of
accused "to meet the witnesses face to persons charged with a crime, including
face" is primarily for the purpose of leaving the country, to ensure that they
affording the accused an opportunity can make themselves available at all times
to: whenever the Court requires their
a. identify the witness; presence. (Silverio v. CA)
b. cross-examine the witness;
c. be informed of the witness; It is submitted that the bail conditions
d. be heard. imposed upon Mr. Violet are reasonable
and well within the court’s authority.
Set B (Manotoc v. CA)
I. b. The exercise of one’s right to travel or

the freedom to move from one place to
Mr. Violet was convicted by the RTC of another, as assured by the
Estafa. On appeal, he filed with the Court of Constitution, is not absolute. (Mirasol
Appeals a Motion to Fix Bail for Provisional v. Department of Public Works and
Liberty Pending Appeal. The Court of Highways)
Appeals granted the motion and set a bail
amount in the sum of Five (5) Million Pesos, Under the provisions of Sec. 6 of Art. III of
subject to the conditions that he secure "a the Constitution, the liberty of abode and of
certification/guaranty from the Mayor of changing the same may be subject to “limits
the place of his residence that he is a prescribed by law” and may be impaired upon
resident of the area and that he will remain lawful order of the court.
to be a resident therein until final
judgment is rendered or in case he Said provision likewise allows impairment
transfers residence, it must be with prior of the right to travel “in the interest of national
notice to the court". Further, he was security, public safety, or public health, as may
ordered to surrender his passport to the be provided by law.” (Arroyo v. De Lima)
Division Clerk of Court for safekeeping
until the court orders its return. II.
a. Mr. Violet challenges the conditions A verified impeachment complaint was

imposed by the Court of Appeals as filed by two hundred (200) Members of the
violative of his liberty of abode and House of Representatives against Madam
right to travel. Decide with reasons. Chief Justice Blue. The complaint was
b. Are "liberty of abode" and "the right immediately transmitted to the Senate for
to travel" absolute rights? trial.
Explain. What are the respective
exception/s to each right if any? a. Madam Chief Justice Blue
challenges such immediate
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transmittal to the Senate because and the imposition of special penalties

the verified complaint 1) not in case of a finding of guilt, taking into
included in the order of business of account the degree or nature of the
the House, 2) was not referred to offense committed and the high status
the House Committee on Justice for of the wrongdoers. The convicted
hearing and consideration for official may later be prosecuted in an
sufficiency in form and substance, ordinary criminal action if the ground
and 3) was not submitted to the for his conviction in the impeachment
House Plenary for consideration as proceedings is also an indictable
enumerated in Paragraph (2), offense. (Art. XI, Sec. 3, Const.)
Section 3, Article XI of the 1987 c. Yes, graft and corruption are among
Constitution. Decide with reasons. the grounds for impeachment. The
b. What is the purpose of other grounds are culpable violation of
Impeachment? Does conviction the Constitution, treason, bribery,
prevent further prosecution and other high crimes, and betrayal of
punishment? Explain. public trust. (Art. XI, Sec. 2)
c. Enumerate the grounds for
impeachment. Is graft and III.
corruption a ground for
impeachment? Mr. Brown, a cigarette vendor, was invited
by PO1 White to a nearby police station.
A: Upon arriving at the police station, Brown
was asked to stand side-by-side with five
a. Her contentions are untenable. (5) other cigarette vendors in a police line-
up. PO1 White informed them that they
Under Sec. 3(4) of Art. XI of the were looking for a certain cigarette vendor
Constitution, in case the verified complaint who snatched the purse of a passer-by and
or resolution of impeachment is filed by at the line-up was to allow the victim to point
least one-third of all the Members of the at the vendor who snatched her purse. No
House, the same shall constitute the questions were to be asked from the
Articles of Impeachment, and trial by the vendors.
Senate shall forthwith proceed.
a. Brown, afraid of a "set up" against
Considering that 200 Members of the him, demanded that he be allowed
House of Representatives, or more than to secure his lawyer and for him to
one-third of entire membership, filed the be present during the police line-up.
complaint, there would be no need for the Is Brown entitled to counsel?
inclusion of the matter in the order of Explain.
business or the referral of the same to the b. Would the answer in (a.) be the
House Committee on Justice. same if Brown was specifically
invited by White because an
b. Impeachment, acknowledged as a eyewitness to the crime identified
method of national inquest into the him as the perpetrator? Explain.
conduct of public men, is an c. Briefly enumerate the so-called
extraordinary means of removal "Miranda Rights".
exercised by the legislature over a
selected number of officials, the A:
purpose being to ensure the highest
care in their indictment and conviction a. No, he is not.
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The right to counsel under Sec. 12 of remain silent and to have competent
Art. III of the Constitution is available only and independent counsel preferably of
during a custodial investigation. his own choice. If the person cannot
afford the services of counsel, he must
It is not available during a police line- be provided with one. These rights
up as this is not considered part of the cannot be waived except in writing
custodial investigation. (Gamboa v. Cruz) and in the presence of a counsel.
A police line-up is not part of the IV.

custodial investigation because during a
police line-up, the process has not yet Mr. Yellow and Mr. Orange were the leading
shifted from the investigatory to the candidates in the vice-presidential
accusatory and it is usually the witness or elections. After elections, Yellow emerged
the complainant who is interrogated and as the winner by a slim margin of 100,000
who gives a statement in the course of the votes. Undaunted, Orange filed a protest
line-up. (People v. Lara) with the Presidential Electoral Tribunal
(PET). After due consideration of the facts
b. No, because by reason of said and the issues, the PET ruled that Orange
invitation, it can now be said that his was the real winner of the elections and
custodial investigation has begun and, ordered his immediate proclamation.
because he is already considered as a
suspect, he should now be entitled to a. Aggrieved, Yellow filed with the
counsel. Supreme Court a Petition for
Certiorari challenging the decision
A custodial investigation begins when of the PET alleging grave abuse of
there is no longer a general inquiry into an discretion. Does the Supreme Court
unsolved crime and the investigation has have jurisdiction? Explain.
started to focus on a particular person as a b. Would the answer in (a.) be the
suspect. For instance, whe the police same if Yellow and Orange were
investigator starts interrogating or contending for a senatorial slot and
exacting a confession from the suspect in it was the Senate Electoral Tribunal
connection with an alleged offense. (SET) who issued the challenged
(People v. Morial) ruling?
c. What is the composition of the PET?
It is significant that, under Sec. 2 of RA d. What is judicial power? Explain
No. 7438, custodial investigation shall Briefly.
include the practice of issuing an invitation
to a person who is investigated in A:
connection with an offense he is suspected
to have committed, without prejudice to a. It is submitted that the Supreme Court does
the liability of the inviting officer for any not have jurisdiction over the decision of the
violation of law. PET, because when it acted as such, or as the
PET, it actually acted as the Supreme Court,
c. The so-called Miranda Rights are although referred to in that capacity as the
specified in Sec. 12(1) of Art. III of the PET. In other words, the PET and the Supreme
Constitution, which provides that any Court, in the resolution of all contests relating
person under investigation for the to the election, returns, and qualifications of
commission of an offense shall have the President or Vice-President, are
the right to be informed of his right to
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necessarily one and the same institution. accepting bribes. Ombudsman Grey,
(Macalintal v. PET) wishing to "clean up" the government from
errant public officials, initiated an
Under Sec. 4 of Art. VII of the investigation on the alleged irregularities
Constitution, the Supreme Court, sitting en in the performance of duties of Judge Red.
banc, shall be the sole judge of all contests
relating to the election, returns, and a. Judge Red refused to recognize the
qualifications of the President or Vice- authority of the Office of the
President, and may promulgate its rules for Ombudsman over him because
the purpose. according to him, any
administrative action against him
b. No, because the Supreme Court may or any court official or employee
exercise jurisdiction over and review the falls under the exclusive
decisions of the SET with respect to contests jurisdiction of the Supreme Court.
relating to the election, returns, and Decide with reasons.
qualifications of Senators for purposes of b. Does the Ombudsman have
determining qualifications of Senators for authority to conduct investigation
purposes of determining whether or not they over crimes or offenses committed
were promulgated with grave abuse of by public officials that are NOT in
discretion. (David v. Senate Electoral connection or related at all to the
Tribunal) official’s discharge of his duties and
functions? Explain.
c. The composition of the PET is the same as c. Who are required by the
the composition of the Supreme Court, i.e., the Constitution to submit a declaration
Chief Justice and fourteen Associate Justices of under oath of his assets, liabilities,
the Supreme Court, sitting en banc. (Art. VII, and net worth?
Sec. 4, Const.)
A:
d. Under Sec. I of Art. VIII of the Constitution,
judicial power includes the duty of the courts a. Judge Red is correct. Any
of justice to settle actual controversies administrative action against him or
involving rights which are legally demandable any court official or employee falls
and enforceable, and to determine whether or under the exclusive jurisdiction of the
not there has been a grave abuse of discretion Supreme Court, and may not be taken
amounting to lack or excess of jurisdiction on cognizance of by the Ombudsman.
the part of any branch or instrumentality of (Art. VIII, Sec. 6, Const.)
the Government.
Administrative complaints against
It further provides that judicial power judges and their appurtenant judicial staff
shall be vested in one Supreme Court and in are outside the Ombudsman’s
such lower courts as may be established by investigatory power. The reason for such
law. exclusion is that it is the Supreme Court
that exercises administrative supervision
V. over all courts and their personnel, and
therefore, is the proper forum to which
Judge Red is the Executive Judge of Green administrative complaints involving
City. Red is known to have corrupt judges and the court’s personnel should be
tendencies and has a reputation widely lodged. (Judge Caoiber, Jr. v. Hon.
known among practicing lawyers for Ombudsman)
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b. Yes, the Ombudsman possesses such otherwise, sea crafts and other ships from
authority to conduct such the hotly disputed Kalmado Shoal area
investigations regarding crimes or within eight (8) days in order to de-
offenses committed by public officials escalate the situation. After eight days, all
that are not in connection with or RP ships and vessels have left the area.
related at all to the official’s discharge However, several military and civilian
of his duties and functions. ships carrying the PRC flag remained in the
area and began construction of a dock that
Section 13, Art. XI of the Constitution could provide fuel and other supplies to
states that the Ombudsman can vessels passing by.
investigate on its won or on complaint by
any person any act or omission of any a. Assuming that President Black and
public official or employee when such act President Blue both had full
or omission appears to be illegal, unjust, or capacity to represent their states
improper. Thus, even if the complaint and negotiate with each other
concerns an act of the public official or under their respective systems of
employee which is not service-connected, government, and further assuming
the case is within the jurisdiction of the that both leaders acknowledge the
Ombudsman. The law does not require existence of the conversation, is the
that the act or omission be related to or be verbal agreement via telephone
connected with or arise from the binding under international law?
performance of official duty. (Deloso v. Explain.
Domingo) b. Assuming the answer to (a.) is in
affirmative, does that agreement
c. Under Sec. 17 of Art. XI of the constitute a Treaty under the 1969
Constitution, a public officer or Vienna Convention on the Law on
employee shall, upon assumption of Treaties?
office and as often thereafter as may be c. What are the sources of
required by law, submit a declaration International Law?
under oath of his assets, liabilities, and d. What is opinio juris in International
net worth. In the case of the President, Law?
the Vice-President, the Members of the
Cabinet, the Congress, the Supreme A:
Court, the Constitutional
Commissions, and other constitutional a. Yes, said verbal agreement via
offices, and officers of the Armed telephone can be considered as
Forces with general or flag rank, the binding so long as both Presidents had
declaration shall be disclosed to the full powers with respect to the same,
public in the manner provided for by and absent any showing that their
law. consent to said agreement was
attended with any vice of consent.
VI.
This mode or method of agreement
President Black of the Republic of Pasensya can be justified on the basis of
(RP) had a telephone conversation with customary international law.
President Blue of the People’s Republic of
Conquerors (PRC). In that conversation, Official acts of heads of states, such
both leaders agreed that they will both as the recognition of states, done
pull-out all their vessels, civilian or through customary methods, such as
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through letters or telegrams or during law requiring it.” (Bayan Muna v.

official calls or conferences, have Romulo)
invariably been acknowledged as
binding. VII.
b. No, because under Article 2 (1)(a) of Mayor Pink is eyeing re-election in the next
said Convention, treaties need to be in mayoralty race. It was common knowledge
writing. in the town that Mayor Pink will run for re-
c. The sources of International Law are election in the coming elections. The
international conventions, whether deadline for filing of Certificate of
general or particular, establishing Candidacy (CoC) is on March 23 and the
rules expressly recognized by the campaign period commences the following
contesting state; international custom, day. One month before the deadline, Pink
as evidence of a general practice has yet to file her CoC, but she has been
accepted by law; the general principles going around town giving away sacks of
of law recognized by civilized nations; rice with the words "Mahal Tayo ni Mayor
and judicial decisions and the Pink" printed on them, holding public
teachings of the most highly qualified gatherings and speaking about how good
publicists of the various nations, as the town is doing, giving away pink t-shirts
subsidiary means for the with "Kay Mayor Pink Ako" printed on
determination of the rules of law. them.
d. Opinio juris is among the two elements
of customary international law or a. Mr. Green is the political opponent
international custom which, as a of Mayor Pink. In April, noticing that
source of international law, is defined Mayor Pink had gained advantage
as the general and consistent practice over him because of her activities
of states recognized and followed by before the campaign period, he filed
them from a sense of legal obligation. a petition to disqualify Mayor Pink
for engaging in an election
In order to establish the customary campaign outside the designated
status of a particular norm, two period.
elements must concur: State practice,
the objective element; and opinio juris a.1. Which is the correct body to
sive necessitates, the subjective rule on the matter? Comelec en
element. banc, or Comelec division? Answer
with reasons.
State practice refers to the continuous
repetition of the same or similar kind A: The petition properly pertains to the
of acts or norms by States. It is jurisdiction of the COMELEC en banc, involving
demonstrated upon the existence of as it does an election offense allegedly
the following elements: (1) generality; committed by one who, at the time of the
(2) uniformity and consistency; and alleged commission of the same, was not yet a
(3) duration. While, opinio juris, the candidate.
psychological element, requires that
the state practice or norm “be carried The COMELEC en banc may properly
out in such a way, as to be evidence of take cognizance of this administrative matter.
a belief that this practice is rendered
obligatory by the existence of a rule of The provisions of Art. IX-B, Sec. 3
requiring a motion for reconsideration before
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the COMELEC en banc may take action are any case specified in the preceding section can
confined only to cases where it exercises its be established by proof, must commence the
quasi-judicial power. They find no application, action.
however, in matters concerning the
COMELEC’s exercise of administrative VIII.
functions.
a. What is the doctrine of
a.2. Rule on the petition. "overbreadth"? In what context can
it be correctly applied? Not
A: The petition should be dismissed because it correctly applied? Explain.
is based on alleged election offenses, or acts,
committed by Mayor Pink before she officially A: Under the overbreadth doctrine, a proper
became a candidate for re-election. governmental purpose, constitutionally
subject to state regulation, may not be
It is established that a candidate can be achieved by means that unnecessarily sweep
held liable for an election offense only for acts its subject broadly, thereby invading the area
done during the campaign period, not before. of protected freedoms. (Disini v. Secretary of
(Penera v. COMELEC) Justice)
b. Distinguish briefly between Quo The so-called overbreadth doctrine

Warranto in elective office and Quo has likewise been applied when a statute
Warranto in appointive office. needlessly restrains even constitutionally
guaranteed rights. (White Light Corp. v. City of
A: Quo warranto petitions against elective Manila)
officials are for purposes of contesting their
election on the ground of ineligibility or of This doctrine can be properly invoked
disloyalty to the Republic of the Philippines in “as applied” challenges, where the
and should be filed with the COMELEC, or the petitioner can contest the constitutionality of
proper courts of general or limited a statute only if he asserts a violation of his
jurisdiction, the House of Representatives own rights.
Electoral Tribunal, the Senate Electoral
Tribunal, and the Supreme Court, acting as the It can be applied as well in “facial”
Presidential Electoral Tribunal. Said petitions challenges against the constitutionality of a
must be sworn and filed within the statute even if the petitioner claims no
reglementary periods prescribed in the rules violation of his own rights under the assailed
of said entities. statute where it involves free speech, which
includes religious freedom, freedom of the
Quo warranto suits against appointive press, and the right of the people to peaceable
officials are based on Rule 66 of the Rules of assemble, and to petition the Government for
Court which allow said action against a person a redress of grievances. After all, the
who usurps, intrudes into, or unlawfully holds fundamental right to religious freedom,
or exercises a public office, position or freedom of the press and peaceful assembly
franchise, or a public officer who does or are but component rights of the right to one’s
suffers an act which, by the provision of law, freedom of expression, as they are modes
constitutes a ground for the forfeiture of his which one’s thoughts are externalized. (Disini
office. The Solicitor General or a public v. Sec. of Justice)
prosecutor, when directed by the President of
the Philippines, or when upon complaint or It has been pronounced though that
otherwise he has good reason to believe that this doctrine may not be invoked in facial
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challenges against the constitutionality of a. Police officers who were

penal statutes unless they involve freedom of monitoring the situation
expression. (Disini v. Sec. of Justice) immediately approached Pedrong
Pula and arrested him. He was
b. What is the doctrine of "void for prosecuted for seditious speech and
vagueness"? In what context can it was convicted. On appeal, Pedrong
be correctly applied? Not correctly Pula argued he was merely
applied? Explain. exercising his freedom of speech
and freedom of expression
A: Under this doctrine, a statute or act suffers guaranteed by the Bill of Rights.
from the defect of vagueness when it lacks Decide with reasons.
comprehensible standards that men of
common intelligence must necessarily guess at A: It is submitted that Pedro Pulong should be
its meaning and differ as to its application. It is acquitted.
repugnant to the Constitution in 2 aspects: (1)
it violates due process for failure to accord His speech and his act of pretending to
persons, especially the parties targeted by it, hurl a rock toward the flagpole of a
fair notice of the conduct to avoid; and (2) it government building presented no clear and
leaves law enforcers unbridled discretion in present danger which could justify or warrant
carrying out its provisions and becomes an his conviction. (Primicias v. Fugoso)
arbitrary flexing of the Government muscle.
(Samahan ng mga Progresibong Kabataan v. b. What is "commercial speech"? Is it
Quezon City) entitled to constitutional
protection? What must be shown in
This doctrine can be invoked in “as order for government to curtail
applied” challenges and in “facial” challenges "commercial speech"? Explain.
against the constitutionality of a statute even if
the petitioner claims no violation of his own A: Commercial speech is a form of free
rights under the assailed statute where it expression which does no more than propose
involves, as earlier discussed, free speech, but a commercial transaction and also comes
not in facial challenges against the under the coverage or protection of Sec. 4 of
constitutionality of penal statutes, unless they Art. III, which provides that “No law shall be
involve freedom of expression. (Disini v. Sec. of passed abridging the freedom of speech, of
Justice) expression, or of the press, or the right of the
people peaceably to assemble and petition the
IX. government for redress of grievances.”
(Diocese of Bacolod v. COMELEC)
In a protest rally' along Padre Faura Street,
Manila, Pedrong Pula took up the stage and Commercial speech is a separate
began shouting "kayong mga kurakot kayo! category of speech which is not accorded the
Magsi-resign na kayo! Kung hindi, same level of protection as that given to other
manggugulo kami dito!" ("you corrupt constitutionally guaranteed forms of
officials, you better resign now, or else we expression but is nonetheless entitled to
will cause trouble here!") simultaneously, protection. (Disini v. Executive Secretary)
he brought out a rock the size of a· fist and
pretended to hurl it at the flagpole area of It may be curtailed, or subject to
a government building. He did not actually review and punishment, only for purposes of
throw the rock. promoting and protecting the interests of the
public in general against false and deceptive
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claims. (Pharmaceutical Health and Care from church against his will or force him to
Association of the Philippines v. Duque) profess a belief or disbelief in any religion; that
the state cannot punish a person for
c. What are the two (2) basic entertaining or professing religious beliefs or
prohibitions of the freedom of disbeliefs, for church attendance or
speech and of the press clause? nonattendance; that no tax in any amount,
Explain. large or small, can be levied to support any
religious activity or institution whatever they
A: The two basic prohibitions pertinent to may be called or whatever form they may
freedom of speech and of the press, which are adopt or teach or practice religion; that the
otherwise known as the elements of freedom state cannot openly or secretly participate in
of expression, are freedom from prior the affairs of any religious organization or
restraint and from subsequent punishment. group and vice versa. Its minimal sense is that
the state cannot establish or sponsor an
X. official religion.
a. What do you understand by the c. When can evidence "in plain view"
term "hierarchy of civil liberties"? be seized without need of a search
Explain. warrant? Explain.
A: In the hierarchy of civil liberties, the rights A: The “plain view” doctrine applies when the
of free expression and of assembly occupy a following requisites concur: (a) the law
preferred position as against property rights enforcement officer in search of evidence has
as they are essential to the preservation and a prior justification for an intrusion or is in a
vitality of our civil and political institutions; position from which he can view a particular
and such priority gives these liberties the area; (b) the discovery of the evidence in plain
sanctity and the sanction not permitting view is inadvertent; (c) it is immediately
dubious intrusions. apparent to the officer that the item he
observes may be evidence of a crime,
b. Distinguish fully between the "free contraband or otherwise subject to seizure.
exercise of religion clause" and the The law enforcement officer must lawfully
"non-establishment of religion make an initial intrusion or properly be in a
clause". position from which he can particularly view
the area. In the course of such lawful intrusion,
A: The free exercise clause prohibits he came inadvertently across a piece of
government from inhibiting religious beliefs evidence incriminating the accused. The object
with penalties for religious beliefs and must be open to eye and hand and its
practice. Under this part of religious freedom discovery inadvertent. (Revaldo v. People)
guarantee, the State is prohibited from unduly
interfering with the outside manifestations of 2013
one’s belief and faith. (Imbong v. Ochoa)
I.
The non-establishment clause
reinforces the wall of separation between In the last quarter of 2012, about 5,000
Church and State. It simply means that the container vans of imported goods intended
State cannot set up a Church; nor pass laws for the Christmas Season were seized by
which aid one religion, aid all religion, or agents of the Bureau of Customs. The
prefer one religion over another nor force nor imported goods were released only on
influence a person to go to or remain away January 10,2013. A group of importers got
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together and filed an action for damages from imported articles and all other tariff and
before the Regional Trial Court of Manila customs duties, fees charges and penalties,
against the Department of Finance and the which includes, the seizure of apparently
Bureau of Customs. smuggled goods. (USA v. Ruiz)
The Bureau of Customs raised the defense Alternative answer: Yes, XYZ Corporation may
of immunity from suit and, alternatively, sue the Bureau of Customs because the latter
that liability should lie with XYZ Corp. had waived its immunity from suit when it
which the Bureau had contracted for the executed the subject contract, which can be
lease of ten (10) high powered van cranes considered as proprietary in character.
but delivered only five (5) of these cranes,
thus causing the delay in its cargo-handling II.
operations. It appears that the Bureau,
despite demand, did not pay XYZ Corp. the While Congress was in session, the
Php 1.0 Million deposit and advance rental President appointed eight acting
required under their contract. Secretaries. A group of Senators from the
minority bloc questioned the validity of the
(A) Will the action by the group of appointments in a petition before the
importers prosper? Supreme Court on the ground that while
Congress is in session, no appointment that
A: No, the action will not prosper. The Bureau requires confirmation by the Commission
of Customs is part of the Department of on Appointments, can be made without the
Finance with no personality of its own apart latter's consent, and that an
from that of the national government. Its undersecretary should instead be
primary function is governmental, which is designated as Acting Secretary.
that of assessing and collecting lawful
revenues from imported articles and all other Should the petition be granted?
tariff and customs duties, fees, charges and
penalties. (Mobil Philippine Exploration, Inc. v. A: No, the petition should not be granted.
Customs Arrastre Service)
The power to appoint is essentially
Accordingly, it may not be sued executive in nature, and the legislature may
without its consent, particularly when it not interfere with the exercise of this
performs governmental functions, as in this executive power except in those instances
case, when its agents seized what they when the Constitution expressly allows it to
apparently believed were smuggled goods. interfere. (Pimentel v. Ermita)
(B) Can XYZ Corp. sue the Bureau of III.

Customs to collect rentals for the
delivered cranes? A robbery with homicide had taken place
and Lito, Badong and Rolliewere invited for
A: No, XYZ Corporation may not sue the questioning based on the information
Bureau of Customs for uncollected rentals for furnished by a neighbor that he saw them
the delivered cranes, without its prior consent. come out of the victim's house at about the
time of the robbery/killing. The police
Its contract with the Bureau of confronted the three with this and other
Customs clearly has a governmental purpose, information they had gathered, and
i.e.., to enable the latter to perform its function pointedly accused them of committing the
of assessing and collecting lawful revenues crime.
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Lito initially resisted, but eventually broke shall operate, and the procedures to be
down and admitted his participation in the followed.
crime. Elated by this break and desirous of
securing a written confession soonest, the Is the law constitutional?
police called City Attorney Juan Buan to
serve as the trio's counsel and to advise A: No, the law is not constitutional, as it
them about their rights during the contravenes with the rule-making authority of
investigation. the Supreme Court, which, under the
Constitution, possesses the sole power to
Badong and Rollie, weakened in spirit by prescribe rules pertinent to pleadings,
Lito's early admission, likewise admitted practice and procedure in all courts. (Art. VIII,
their participation. The trio thus signed a Sec. 5, Const.)
joint extra-judicial confession which
served as the main evidence against them V.
at their trial. They were convicted based on
their confession. As a leading member of the Lapiang
Mandirigma in the House of
Should the judgment of conviction be Representatives, you were tasked by the
affirmed or reversed on appeal? party to initiate the moves to impeach the
President because he entered into an
A: The judgment of conviction should be executive agreement with the US
reversed. Ambassador for the use of the former Subic
Naval Base by the US Navy, for free, i.e.,
Lito’s admission, which eventually without need to pay rent nor any kind of
served as basis for Badong’s and Rollie’s fees as a show of goodwill to the U.S.
confessions, was given without his first having because of the continuing harmonious RP-
been informed of his rights to remain silent US relations.
and to have competent and independent
counsel, preferably of his own choice. He Cite at least two (2) grounds for
clearly confessed without the presence or impeachment and explain why you chose
assistance of counsel. (People v. Lucero) them.
It does not appear that Lito, Badong A: My impeachment complaint would be based
and Rollie were given a real opportunity to on the following grounds –
retain the services of their own independent
and competent counsel, as provided for or 1. Betrayal of public trust, which has been
required under Sec. 12 (1) of Art. III of the defined as gross faithlessness against public
Constitution. (People v. Lucero) trust, tyrannical abuse of power, inexcusable
negligence of duty, favoritism, and gross
IV. exercise of discretionary powers. (Gonzales v.
Office of the President)
Congress enacted a law providing for trial
by jury for those charged with crimes or The President’s granting of the subject
offenses punishable by reclusion perpetua territory for free in favor of the United States
or life imprisonment. The law provides for of America can clearly be considered as a
the qualifications of members of the jury, betrayal of the public trust.
the guidelines for the bar and bench for
their selection, the manner a trial by jury 2. Culpable violation of the Constitution, which
is generally understood as the wrongful,
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intentional or willful disregard or flouting of body of water lying landward of the baselines,
the fundamental law. The President’s including the air space over it and the
Executive Agreement entitles the United submarine areas underneath. (Magallona v.
States to use the former Subic Naval Base for Ermita)
free amounts to a surrender of a portion of our
territory, as defined in Art. I of the VII.
Constitution.
As he was entering a bar, Arnold -who was
VI. holding an unlit cigarette in his right hand
-was handed a match box by someone
Congress passed Republic Act No. 7711 to standing near the doorway. Arnold
comply with the United Nations Convention unthinkingly opened the matchbox to light
on the Law of the Sea. his cigarette and as he did so, a sprinkle of
dried leaves fell out, which the guard
In a petition filed with the Supreme Court, noticed. The guard immediately frisked
Anak Ti Ilocos, an association of Ilocano Arnold, grabbed the matchbox, and sniffed
professionals, argued that Republic Act No. its contents. After confirming that the
7711discarded the definition of the matchbox contained marijuana, he
Philippine territory under the Treaty of immediately arrested Arnold and called in
Paris and in related treaties; excluded the the police.
Kalayaan Islands and the Scarborough
Shoals from the Philippine Archipelagic At the police station, the guard narrated to
baselines; and converted internal waters the police that he personally caught Arnold
into archipelagic waters. in possession of dried marijuana leaves.
Arnold did not contest the guard's
Is the petition meritorious statement; he steadfastly remained silent
and refused to give any written statement.
A: No, the petition is not meritorious for the Later in court, the guard testified and
following reason – narrated the statements he gave the police
over Arnold's counsel's objections. While
1. The UNCLOS has nothing to do with the Arnold presented his own witnesses to
acquisition, enlargement or, as the petitioner prove that his possession and
claims, any diminution of territory but merely apprehension had been set-up, he himself
provides for the regulations of sea-use rights did not testify.
or enacting statutes to comply with the
treaty’s terms to delimit maritime zones and The court convicted Arnold, relying largely
continental shelves. on his admission of the charge by silence at
the police investigation and during trial.
2. The Kalayaan Islands and the Scarborough
Shoal have been constituted under the law as From the constitutional law perspective,
Regimes of Islands’ under the Republic of the was the court correct in its ruling?
Philippines consistent with Art. 121 of
UNCLOS. They are therefore subject to the A: No, the court was incorrect in its ruling.
continuing authority of the Philippines.
An accused’s right to be presumed
3. Whether referred to as Philippine internal innocent until the contrary is proved entitles
waters under Art. I of the Constitution or as him to remain silent, or not to testify in his
archipelagic waters under UNCLOS III, the own behalf. It is the responsibility of the
Philippines exercised sovereignty over the prosecution to establish the defendant’s guilt
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beyond reasonable doubt; otherwise, he is equitable admission and academic

entitled to acquittal. Conviction will depend requirements.
not on the weakness of his own defense, but on
the strength of the prosecution. (People v. The concept of academic freedom
Malilay) encompasses the freedom to determine for
itself on academic grounds: who may teach,
It is submitted that the prosecution’s what may be taught, how it shall be taught, and
evidence in this case cannot be considered as who may be admitted to study.
adequate to establish, with moral certainty,
Arnold’s guilt, especially in light of the fact that It therefore invariably vests in schools
he was able to present witnesses in his behalf the rights to maintain a policy of non-
to prove that his possession and apprehension readmission to students who fail to meet their
had merely been “set up.” Accordingly, his reasonable academic standards. A school has
constitutional presumption of innocence no obligation to see every student to
entitles him to an acquittal, notwithstanding graduation no matter what the circumstances.
his silence during the investigation and trial. (Capitol Medical Center v. CA)
VIII. IX.
Bobby, an incoming third year college Conrad is widely known in the

student, was denied admission by his neighborhood as a drug addict. He is also
university, a premiere educational suspected of being a member of the
institution in Manila, after he failed in notorious "Akyat-Condo Gang" that has
three (3) major subjects in his sophomore previously broken into and looted
year. The denial of admission was based on condominium units in the area.
the university's rules and admission
policies. Retired Army Colonel Sangre – who is
known as an anti-terrorism fighter who
Unable to cope with the depression that his disdained human and constitutional rights
non-admission triggered, Bobby and has been nicknamed "terror of
committed suicide. His family sued the Mindanao" –is now the Head of Security of
school for damages, citing the school's Capricorn Land Corporation, the owner
grossly unreasonable rules that resulted in and developer of Sagittarius Estates where
the denial of admission. They argued that a series of robberies has recently taken
these rules violated Bobby's human rights place.
and the priority consideration that the
Constitution gives to the education of the On March l, 2013, Conrad informed his
youth. mother, Vannie, that uniformed security
guards had invited him for a talk in their
You are counsel for the university. Explain office but he refused to come. Later that
your arguments in support of the day, however, Conrad appeared to have
university's case. relented; he was seen walking into the
security office flanked by two security
A: As counsel for the University, I would guards. Nobody saw him leave the office
invoke the provisions of the Constitution on afterwards.
academic freedom, which states that academic
freedom shall be enjoyed in all institutions of Conrad did not go home that night and was
higher learning, and which necessarily entitles never seen again. The following week and
them to prescribe fair, reasonable and after a week-long search, Vannie feared the
Sison, PKD.
worst because of Col. Sangre's reputation. It has been ruled that amparo
She thus reported Conrad's disappearance proceedings may be instituted for purposes of
to the police. When nothing concrete determining the responsibility of the parties in
resulted from the police investigation, an enforced disappearance. (Burgos v.
Vannie – at the advice of counsel - f1led a President Macapagal-Arroyo)
petition for a writ of amparo to compel Col.
Sangre and the Sagittarius Security Office There can be no determination of
to produce Conrad and to hold them liable administrative, civil or criminal liability in
and responsible for Conrad's amparo proceedings, and courts can only go as
disappearance. far as ascertaining responsibility or
accountability for the enforced disappearance
(A) Did Vannie's counsel give the or extrajudicial killing. (Razon v. Tagitis)
correct legal advice?
The Rule on the Writ of Amparo
A: No, Vannie’s counsel did not give the correct explicitly states that the violation of or threat
legal advice. to the right to life, liberty and security may be
caused by either an act or an omission of a
Although a writ of amparo may lie public official. Moreover, in the context of
against a private individual or entity, amparo proceedings, responsibility may refer
government involvement in any enforced to the participation of the respondents, by
disappearance remains an indispensable action or omission, in enforced disappearance.
element. Accountability, on the other hand, may attach
to respondents who are imputed with
In other words, the disappearance knowledge relating to the enforced
subject of the amparo proceedings must be disappearance and who carry the burden of
attended by some governmental involvement. disclosure; or those who carry, but have failed
to discharge, the burden of extraordinary
It would appear that only private diligence in the investigation of the enforced
security guards working for Sagittarius disappearance. (Rodriguez v. Macapagal-
Estates, a private entity, were involved in Arroyo) Such identification of the responsible
Conrad’s disappearance. It is clear that they and accountable superiors may well be a
did not work for the government and no proof preliminary determination of criminal liability
whatsoever had been presented that would which, of course, is still subject to further
link or connect them to some cover police, investigation by the appropriate government
military or governmental operation. There is agency. (Boac v. Cadapan)
no showing that the government was involved
in any manner in the disappearance of Conrad. X.
(Navia v. Pardico)
The Ambassador of the Republic of
(B) If the petition would prosper, Kafiristan referred to you for handling, the
can Col. Sangre be held liable case of the Embassy's Maintenance
and/or responsible for Conrad's Agreement with CBM, a private domestic
disappearance? company engaged in maintenance work.
The Agreement binds CBM, for a defined
A: Colonel Sangre can be held responsible, but fee, to maintain the Embassy's elevators,
not necessarily liable, for Conrad’s air-conditioning units and electrical
disappearance. facilities. Section 10 of the Agreement
provides that the Agreement shall be
governed by Philippine laws and that any
Sison, PKD.
legal action shall be brought before the rank, benefits and privileges of a Court of
proper court of Makati. Kafiristan Appeals Justice.
terminated the Agreement because CBM
allegedly did not comply with their agreed If you are a member of the JBC, would you
maintenance standards. give credit to this explanation?
CBM contested the termination and filed a A: Yes, it has been held that, even if the
complaint against Kafiristan before the Commissioners of the NLRC, which is not a
Regional Trial Court of Makati. The court, are technically not members of the
Ambassador wants you to file a motion to Judiciary, and they therefore do not have the
dismiss on the ground of state immunity privilege to use the title of Judge or Justice,
from suit and to oppose the position that they should just the same not be deprived of
under Section 10 of the Agreement, credit for judicial service, particularly with
Kafiristan expressly waives its immunity respect to their salaries and retirement
from suit. benefits, considering that various laws regard
them, or these executive officials, to be at par
Under these facts, can the Embassy with their judicial counterparts with respect to
successfully invoke immunity from suit? said salaries and retirement benefits.
A: Yes, the Embassy may invoke immunity Said laws, which confer upon them the
from suit. rank and privileges of Justices of the Court of
Appeals, provide that their service in the NLRC
While, as a general principle, its ought to be credited as judicial service, at least,
execution of its Maintenance Agreement with as stated earlier, in terms of salaries and
CBM may be considered as an implied waiver retirement benefits. (Re: Letter of CA Justice
of its sovereign immunity, it has however been Vicente S.E. Veloso)
ruled that suability would follow only if the
contract was executed by it in its proprietary XII.
capacity. Governmental or sovereign
contracts, such as the one subject of this case, In the May 2013 elections, the Allied
which pertains to the maintenance of the Workers' Group of the Philippines (AWGP),
Embassy’s elevators, air-conditioning units representing land-based and sea-based
and electrical facilities, all of which may be workers in the Philippines and overseas,
considered as vital to its governmental won in the party list congressional
operations, do not result in implied waiver of elections. Atty. Abling, a labor lawyer, is its
the State from suit. (USA v. Ruiz) nominee.
XI. As part of the party's advocacy and

services, Congressman Abling engages in
In her interview before the Judicial and Bar labor counseling, particularly for local
Council (JBC),Commissioner Annie workers with claims against their
Amorsolo of the National Labor Relations employers and for those who need
Commission claims that she should be representation in collective bargaining
given credit for judicial service because as negotiations with employers. When labor
NLRC Commissioner, she has the rank of a cases arise, AWGP enters its appearance in
Justice of the Court of Appeals; she representation of the workers and the
adjudicates cases that are appealable to the Congressman makes it a point to be there
Court of Appeals; she is assigned car plate to accompany the workers, although a
No. 10; and she is, by law, entitled to the retained counsel also formally enters his
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appearance and is invariably there. MULTIPLE CHOICE QUESTIONS

Congressman Abling largely takes a passive
role in the proceedings although he I. The equal protection clause is violated by
occasionally speaks to supplement the __________.
retained counsel's statements. It is
otherwise in CBA negotiations where he (A) a law prohibiting motorcycles from
actively participates. plying on limited access highways.
Management lawyers, feeling that a (B) a law granting Value Added Tax
congressman should not actively exemption to electric cooperatives
participate in cases before labor tribunals that sells electricity to the "homeless
and before employers because of the poor."
influence a congressman can wield, filed a
disbarment case against the Congressman (C) a law providing that a policeman
before the Supreme Court for his violation shall be preventively suspended until
of the Code of Professional Responsibility the termination of a criminal case
and for breach of trust, in relation against him.
particularly with the prohibitions on
legislators under the Constitution. (D) a law providing higher salaries to
teachers in public schools who are
Is the cited ground for disbarment "foreign hires."
meritorious?
(E) a law that grants rights to local
A: No, the grounds cited for Congressman Filipino workers but denies the same
Abling’s disbarment are without merit. rights to overseas Filipino workers.
Sec. 14 of Art. VI of the Constitution II. Offended by the President's remarks

prohibits legislators from personally that the Bureau of Customs is a pit of misfits
appearing as counsel before, among others, and the corrupt, the Bureau of Customs
any court of justice or quasi-judicial and other Employees Association composed of 3,000
administrative bodies. workers seeks your legal advice on how
best to protest what it views to be the
Cong. Abling does not appear to have President's baseless remarks.
violated this provision, which clearly does not
cover “labor counselling” or simply A prudent legal advice is that __________.
accompanying, and not personally appearing
as counsel for, workers, who are formally and (A) employees can go on mass leave of
actually represented by their own retained absence for one week
counsel, in labor cases.
(B) employees can march and rally at
It is submitted that his passive role and Mendiola every Monday
occasional remarks in support of said retained
counsel’s statements cannot be considered as
(C) employees can barricade the gates
a breach of his constitutional proscription, of the Port of Manila at South Harbor
which would also not cover his participation in and call for the resignation of the
CBA negotiations, which, again, cannot be
incumbent Commissioner of Customs
considered as personally appearing as counsel
before any court of quasi-judicial or
administrative proceeding.
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(D) employees can wear black arm (C) The decision is binding only on the
bands and pins with the word parties but only with respect to that
"UNFAIR" inscribed particular case.
(E) None of the above can legally be (D) The decision is not binding on the
done. parties and is only advisory.
III. Congress enacted Republic Act No. 1234 (E) The binding effect on the parties
requiring all candidates for public offices depends on their submission
to post an election bond equivalent to the agreement.
one (1) year salary for the position for
which they are candidates. The bond shall V. Under the UN Convention on the Law of
be forfeited if the candidates fail to obtain the Sea, the exclusive economic zone refers
at least 10% of the votes cast. to an area.
Is Republic Act No. 1234 valid? (A) that is at least 100 miles from the
baselines from which the outer limit of
(A) It is valid as the bond is a means of the territorial sea is measured
ensuring fair, honest, peaceful and
orderly elections. (B) that is at least 200 miles but not to
exceed 300 miles from the baselines
(B) It is valid as the bond requirement from which the outer limit of the
ensures that only candidates with territorial sea is measured
sufficient means and who cannot be
corrupted, can run for public office. (C) beyond and adjacent to a country's
territorial sea which cannot go beyond
(C) It is invalid as the requirement 200 nautical miles from the baselines
effectively imposes a property from which the outer limit of the
qualification to run for public office. territorial sea is measured
(D) It is invalid as the amount of the (D) that can go beyond 3 nautical miles
surety bond is excessive and but cannot extend 300 nautical miles
unconscionable. from the baselines from which the
outer limit of the territorial sea is
(E) It is valid because it is a reasonable measured
requirement; the Constitution itself
expressly supports the accountability (E) None of the above.
of public officers.
VI. A child born under either the 1973 or
IV. What is the legal effect of decisions of the 1987 Constitution, whose father or
the International Court of Justice in cases mother is a Filipino citizen at the time of his
submitted to it for resolution? birth, is __________.
(A) The decision is binding on other (A) not a Filipino citizen as his father
countries in similar situations. and mother must both be Filipino
citizens at the time of his birth
(B) The decision is not binding on any
country, even the countries that are
parties to the case.
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(B) not a Filipino citizen if his mother (C) No, because only limitations
is a Filipino citizen but his father is not, established by Congress can define
at the time of his birth and limit the powers of local
governments.
(C) a Filipino citizen no matter where
he or she may be born (D) Yes, because the President has the
power and authority to impose
(D) a Filipino citizen provided the child reasonable restrictions on the power
is born in the Philippines of cities to raise revenues.
(E) a Filipino citizen if he or she so (E) Yes, if so provided in a city's

elects upon reaching the age of 21 charter.
VII. Who has control of the expenditure of IX. The provision under the Constitution -
public funds? that any member who took no part,
dissented, or inhibited from a decision or
(A) The Office of the President through resolution must state the reason for his
the Department of Budget and dissent or non-participation - applies
Management. __________.
(B) The House of Representatives from (A) only to the Supreme Court
where all appropriation bills emanate.
(B) to both the Supreme Court and the
(C) The Senate through its Committee Court of Appeals
on Finance.
(C) to the Supreme Court, Court of
(D) The Congress of the Republic of the Appeals and the Sandiganbayan
Philippines.
(D) to the Supreme Court, the Court of
(E) Both the members of Congress and Appeals, the Sandiganbayan and the
the President acting jointly, if so Court of Tax Appeals
provided by the General
Appropriations Act. (E) to all collegial judicial and quasi-
judicial adjudicatory bodies
VIII. May the power of cities to raise
revenues be limited by an executive order X. Choose the least accurate statement
of the President? about the independence guaranteed by the
1987 Constitution to the following
(A) Yes, because local government constitutional bodies:
units are under the administrative
control of the President through the (A) The Constitution guarantees the
Department of Interior and Local COMELEC decisional and institutional
Government. independence similar to that granted
to the Judiciary.
(B) No, because local government
units now enjoy full local fiscal (B) All bodies labeled as
autonomy. "independent" by the Constitution
enjoy fiscal autonomy as an attribute
of their independence.
Sison, PKD.
(C) Not all bodies labeled as XII. Mr. Sinco sued the government for
"independent" by the Constitution damages. After trial, the court ruled in his
were intended to be independent from favor and awarded damages amounting to
the Executive branch of government. P50 million against the government. To
satisfy the judgment against the
(D) The Constitution guarantees government, which valid option is
various degrees of independence from available to Mr. Sinco?
the other branches of government
when it labels bodies as (A) Garnish the government funds
"independent". deposited at the Land Bank.
(E) The COMELEC, the COA, and the (B) File a claim with the Commission
CSC enjoy the same degree of on Audit (COA) pursuant to
independence. Commonwealth Act 327, as amended
by Presidential Decree 1445.
XI. At the Senate impeachment trial of
Justice Pablo P. San Quintin, Hon. Emilio A. (C) Make representations with the
Tan, Congressman and Impeachment Panel Congress to appropriate the amount to
Manager, wrote the Supreme Court satisfy the judgment.
requesting that the prosecutors be allowed
to examine the court records of Stewards (D) File a petition for mandamus in
Association of the Philippines, Inc. (SAP!) v. court to compel Congress to
Filipinas Air, et al., G.R. No. 987654, a case appropriate P50 million to satisfy the
that is still pending. The High Court judgment.
__________.
(E) Proceed to execute the judgment as
(A) may grant the request by reason of provided by the Rules of Court because
inter-departmental courtesy the State allowed itself to be sued.
(B) may grant the request as the XIII. Which of the following provisions of
records of the Filipinas Air case are the Constitution does not confer rights that
public records can be enforced in the courts but only
provides guidelines for legislative or
(C) should deny the request since executive action?
records of cases that are pending for
decision are privileged except only for (A) The maintenance of peace and
pleadings, orders and resolutions that order, the protection of life, liberty,
are available to the public and property, and promotion of the
general welfare are essential for the
(D) should deny the request because it enjoyment by all the people of the
violates the Court's independence and blessings of democracy.
the doctrine of separation of powers
(B) The State shall give priority to
(E) should grant the request because education, science and technology,
of the sui generis nature of the power arts, culture, and sports to foster
of impeachment, provided that the Bill patriotism and nationalism, accelerate
of Rights is not violated social progress, and promote total
human liberation and development.
Sison, PKD.
(C) The natural and primary right and (E) Yes, the challenge is correct
duty of parents in the rearing of the because there is no law empowering
youth for civic efficiency and the the President to undertake the
development of moral character shall importation.
receive the support of the
Government. XV. The separation of Church and State is
most clearly violated when __________.
(D) The right of the people to
information on matters. of public (A) the State funds a road project
concern shall be recognized. Access to whose effect is to make a church more
official records, and to documents and accessible to its adherents
papers pertaining to official acts,
transactions, or decisions, as well as to (B) the State declares the birthplace of
government research data used as a founder of a religious sect as a
basis for policy development, shall be national historical site
afforded the citizen, subject to such
limitations as may be provided by law. (C) the State expropriates church
property in order to construct an
(E) All the above only provide expressway that, among others,
guidelines and are not self-executing. provides easy access to the Church's
main cathedral
XIV. The President entered into an
executive agreement with Vietnam for the (D) the State gives vehicles to bishops
supply to the Philippines of animal feeds to assist them in church-related
not to exceed 40,000 tons in any one year. charitable projects
The Association of Animal Feed Sellers of
the Philippines questioned the executive (E) the State allows prayers in schools
agreement for being contrary to R.A. 462 for minor children without securing
which prohibits the importation of animal the prior consent of their parents
feeds from Asian countries. Is the challenge
correct? XVI. Patricio was elected member of the
House of Representative in the May 2010
(A) Yes, the executive agreement is Elections. His opponent Jose questioned
contrary to an existing domestic law. Patricio's victory before the House of
Representatives Electoral Tribunal and
(B) No, the President is solely in charge later with the Supreme Court.
of foreign relations and all his actions
in this role form part of the law of the In a decision promulgated in November
land. 2011, the Court ruled in Jose's favor; thus,
Patricio was ousted from his seat in
(C) No, international agreements are Congress. Within a year from that decision,
sui generis and stand independently of the President can appoint Patricio __________.
our domestic laws.
(A) only as a member of the board of
(D) Yes, the executive agreement is directors of any government owned
actually a treaty which does not take and controlled corporation
effect without ratification by the
Senate. (B) only as a deputy Ombudsman
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(C) only as a Commissioner of the Civil (A) The President, with the
Service Commission concurrence of the Monetary Board,
can guarantee a foreign loan on behalf
(D) only as Chairman of the of the Republic of the Philippines.
Commission on Elections
(B) Congress may, by law, provide
(E) to any position as no prohibition limitations on the President's power to
applies to Patricio contract or guarantee foreign loans on
behalf of the Republic of the
XVII. Senator GSC proposed a bill Philippines.
increasing excise taxes on tobacco and
alcohol products. The generated (C) In order to be valid and effective,
incremental revenues shall be used for the treaties and executive agreements
universal health care program for all must be concurred in by at least two-
Filipinos and for tobacco farmers' thirds of all the Members of the Senate.
livelihood. After the Senate passed the bill
on third reading, it was transmitted to the (D) The President shall, at the end of
House of Representatives which approved every quarter of the calendar year,
the bill in toto. The President eventually submit to Congress a complete report
signed it into law. Atty. JFC filed a petition of the loans contracted or guaranteed
before the Supreme Court, questioning the by the Government or government-
constitutionality of the new law. owned and controlled corporations.
Is the law constitutional? (E) All the above choices are defective
in some respects.
(A) The law is constitutional because it
is for a public purpose and has duly XIX. Candida has been administratively
satisfied the three-readings-on- charged of immorality for openly living
separate-days rule in both Houses. with Manuel, a married man. Candida
argues that her conjugal arrangement with
(B) The law is unconstitutional Manuel fully conforms with their religious
because it violates the equal beliefs and with the teachings of their
protection clause of the Constitution; it church.
is limited only to alcohol and liquor
products. In resolving whether Candida should be
administratively penalized, which is the
(C) It is constitutional because of the best test to apply?
Enrolled Bill Theory.
(A) Clear and Present Danger Test
(D) It is constitutional because it is
valid in form and substance and (B) Compelling State Interest Test
complied with the required lawmaking
procedures. (C) Balancing of interests Test
(E) None of the above is correct. (D) Conscientious Objector Test
XVIII. Which of the following statements is (E) Dangerous Tendency Test

correct?
Sison, PKD.
XX. Rafael questioned the qualifications of spite of the opposition of the majority of
Carlos as congressman of the Third District the members of the Senate. When the votes
of Manila on the ground that Carlos is a were counted, 275 members of the House
citizen of the USA. The decision of Representatives approved the proposed
disqualifying Carlos for being a US citizen amendments. Only 10 Senators supported
came only in March 2010, i.e., after the such proposals. The proponents now claim
adjournment of the session of Congress on that the proposals were validly made, since
the 3'd year of the position's three-year more than the required three-fourths vote
term. of Congress has been obtained. The 14
Senators who voted against the proposals
What was Carlos' status during his claim that the proposals needed not three-
incumbency as congressman? fourths vote of the entire Congress but each
house. Since the required number of votes
(A) He was a de jure officer, having in the Senate was not obtained, then there
been duly elected and proclaimed. could be no valid proposals, so argued the
Senators. Were the proposals validly
(B) He was not a public officer because adopted by Congress?
he effectively was not entitled to be a
congressman. A: Sec. 1 of Art. XVII requires a vote of three-
fourths of all of the Members of the Congress
(C) He was a de jure officer since he for the validity of the adoption of such
completed the service of his term proposals.
before he was disqualified.
Although not expressly required under
(D) He was a de facto officer since he said provision, it is submitted that this three-
had served and was only disqualified fourths vote must be done by each of the
later. chambers of the Congress separately.
(E) He neither possesses de jure nor de This procedure finds justification in,
facto status as such determination is first, the fact that the Congress is a bicameral
pointless. body, and each of the two chambers must
necessarily have the competence to make
independent determinations and decisions
2014
with respect to this constituent act of initiating
the first step toward changing the
I. Constitution, and, second, the practical reason
that, if bills, done by the Congress in its purely
With the passage of time, the members of legislative capacity, are required under the
the House of Representatives increased Constitution to be separately deliberated and
with the creation of new legislative decided upon by each chamber, then, with
districts and the corresponding greater reason, there must be was well the
adjustments in the number of party-list competence for each of the chambers to make
representatives. At a time when the House such independent deliberation and decision
membership was already 290, a great on the constituent and therefore greater or
number of the members decided that it was more important task of proposing
time to propose amendments to the amendments.
Constitution. The Senators, however, were
cool to the idea. But the members of the
It may be added that many specific
House insisted. They accordingly convened
actions of the Congress, such as the declaration
Congress into a constituent assembly in
Sison, PKD.
of the existence of State of War and the respect to initiatives on national and local
proclamation of the winning presidential legislation by the Supreme Court in Santiago v.
candidate are required under the Constitution COMELEC.
to be done through the separate votes of the
two chambers. It is only in the revocation of a I will further advise them not to pursue
declaration of martial law or suspension of the or file a petition for initiative on amendment of
privilege of the writ of habeas corpus that a the Constitution because, in the same case of
joint majority vote is prescribed. (Art. VII, Sec. Santiago v. COMELEC, the Supreme Court
18) considered said enabling law, or R.A. No. 6735,
as inadequate for purposes of implementing
II. Sec. 2 of Art. XVII of the Constitution, with
respect to initiatives for amendment of the
Several citizens, unhappy with the Constitution, Accordingly, there exists no valid
proliferation of families dominating the or enforceable enabling law which can
political landscape, decided to take implement said constitutional provision.
matters into their own hands. They
proposed to come up with a people’s The claim that Lambino v. COMELEC
initiative defining political dynasties. They has reversed that part of the ruling in Santiago
started a signature campaign for the v. COMELEC on the inadequacy of R.A. No.
purpose of coming up with a petition for 6735 by reason of its failure to provide for an
that purpose. Some others expressed effective procedure for petitions for initiative
misgivings about a people’s initiative for on amendment of the Constitution, is baseless
the purpose of proposing amendments to or untenable.
the Constitution, however. They cited the
Court’s decision in Santiago v. Commission It will be recalled that the SC did not
on Elections, 270 SCRA 106 (1997), as even consider Santiago as an issue in said
authority for their position that there is yet Lambino case, and dismissed the Lambino
no enabling law for s uch purpose. On the petition on the ground of insufficiency of the
other hand, there are also those who claim petition for initiative filed by the petitioners in
that the individual votes of the justices in said case.
Lambino v. Commission on Elections, 505
SCRA 160 (2006), mean that Santiago’s It is submitted that there can be no
pronouncement has effectively been reversal of a doctrine by implication,
abandoned. If you were consulted by those especially in a case where said doctrine was
behind the new attempt at a people’s not even considered as among the legal issues.
initiative, how would you advise them?
III.
A: I would advise them to proceed with their
intention to file a petition for initiative for In Serrano v. Gallant Maritime Services,
purposes of providing for a law prohibiting Inc., 582 SCRA 254 (2009), the Supreme
political dynasties. Court declared as violative of the Equal
Protection Clause the 5th paragraph of §10
This can be done on the basis of and R.A. No. 8042 (Migrant Workers and
following the procedure prescribed in R.A. No. Overseas Filipinos Act of 1995) for
6735, which implements Sec. 32 of Article VI of discriminating against illegally dismissed
the Constitution. It will be recalled that the OFWs who still had more than a year to
procedure for said initiative on national their contract compared to those who only
legislation, as prescribed in the said law, has had less than a year remaining. The next
been upheld as a valid enabling law with year, Congress enacted R.A. No 10222, an
Sison, PKD.
amendment to the Migrant Workers and her oath of office, such election body had no
Overseas Filipinos Act, which practically more right to come up with a decision – that
reinstated the provision struck down in the jurisdiction had already been
Serrano. transferred to the House of
Representatives Electoral Tribunal. How
Seamacho, an overseas seafarer who still defensible is the argument of Beauty?
had two years remaining on his contract
when he was illegally terminated, and who A: Beauty’s argument is untenable.
would only be entitled to a maximum of six-
month’s pay under the reinstated The COMELEC properly had
provision, engages you as his counsel. How jurisdiction over her disqualification case, and
are you to argue that the new law is invalid its decision providing for her disqualification
insofar as it brings back to the statute had indeed become final in June.
books a provision that has already been
struck down by the Court? Her claim that it is the House of
Representatives Electoral Tribunal (HRET)
A: When a law or a provision of law is null which may properly exercise jurisdiction over
because it is inconsistent with the her is without merit.
Constitution, the nullity cannot be cured by
reincorporation or reenactment of the same or It is established that the jurisdiction of
a similar law or provision. the HRET is limited only to Members of the
House of Representatives. For one to be
A law or provision of law that was considered as such, there must be a
already declared unconstitutional remains as concurrence of the following requisites: (a) a
such unless circumstances have so changed as valid proclamation, (b) a proper oath, and (c)
to warrant a reverse conclusion. (Sammer assumption of office. A proper oath is one
Overseas Placement Agency v. Cabiles) taken before the Speaker of the House of
Representatives in open session, consistent
IV. with the provisions of Sec. 6 of Rule II of the
Rules of the House of Representatives. (Reyes
Beauty was proclaimed as the winning v. COMELEC)
candidate for the position of
Representative in the House of It is clear that Beauty, upon the finality
Representatives three (3) days after the of the COMELEC decision on her
elections in May. She then immediately disqualification had yet to become such a
took her oath of office. However, there was Member, because while she may then already
a pending disqualification case against her, have been proclaimed as the winning
which case was eventually decided by the candidate, it is clear that she is yet to take her
COMELEC against her 10 days after the proper oath and assume office.
election. Since she has already been
proclaimed, she ignored that decision and V.
did not bother appealing it. The COMELEC
then declared in the first week of June that Greenpeas is an ideology-based political
its decision holding that Beauty was not party fighting for environmental causes. It
validly elected had become final. Beauty decided to participate under the party-list
then went to the Supreme Court system. When the election results came in,
questioning the jurisdiction of the it only obtained 1.99 percent of the votes
COMELEC claiming that since she had cast under the party -list system. Bluebean,
already been proclaimed and had taken a political observer, claimed that
Sison, PKD.
Greenpeas is not entitled to any seat since pork barrel of members of Congress to non-
it failed to obtain at least 2% of the votes. existent or fictitious projects. Strongwill
Moreover, since it does not represent any has been identified in the news as the
of the marginalized and underrepresented principal actor responsible for the scandal,
sectors of society, Greenpeas is not entitled the leader of a non-governmental
to participate under the party-list system. organization which ostensibly funneled the
How valid are the observations of funds to certain local government projects
Bluebean? which existed only on paper. At the start of
the hearings before the Senate, Strongwill
A: The observations of Bluebean are not valid. refused at once to cooperate. The Senate
cited him in contempt and sent him to jail
Greenpeas can be considered as until he would have seen the light. The
qualified to a party-list seat notwithstanding Congress, thereafter, adjourned sine die
its having obtained only 1.99 percent of the preparatory to the assumption to office of
votes cast under the party-list system. Party- the newly-elected members. In the
list groups or organizations garnering less meantime, Strongwill languished behind
than 2% of the party-list votes may yet qualify bars and the remaining senators refused to
for a seat in the allocation of additional seats. have him released, claiming that the Senate
(BANAT v. COMELEC) is a continuing body and , therefore, he can
be detained indefinitely. Are the senators
Neither should Greenpeas be right?
considered as disqualified because, as alleged
by Bluebean, it does not represent any of the A: Although the Senators are correct in
marginalized and underrepresented sectors of declaring that the Senate, as an institution, is a
society. continuing body, it is also established that, in
the conduct of its day-to-day business, the
It still can be considered as a sectoral Senate of each Congress acts separately and
party, which refers to any organized group of independently of the Senate of the Congress
citizens belonging to any of the sectors before it. Accordingly, all pending matters and
enumerated in the law, Sec. 5 of R.A. No. 7941, proceedings are considered terminated upon
whose principal advocacy pertains to the the expiration of that Congress and it is merely
special interest and concerns of their sector. optional on the Senate of the succeeding
Congress to take up such unfinished matters,
The sector mentioned in Sec. 5 are not not in the same status, but as if presented for
all necessarily marginalized and the first time. (Neri v. Senate Committee on
underrepresented. It would be enough if a Accountability of Public Officers and
sectoral party’s principal advocacy pertains to Investigations)
the special interest and concerns of its sector,
as in the case of Greenpeas, which is an Accordingly, it has been held that the
ideologybased political party fighting for period of imprisonment under the inherent
environmental causes. (Atong Paglaum, Inc. v. power of contempt by the Senate during
COMELEC) inquiries in aid of legislation should only last
until the termination of the legislative inquiry
VI. under which the said power is invoked, i.e.,
upon the approval or disapproval of the
A few months before the end of the present Committee Report, or upon the expiration of
Congress, Strongwill was invited by the one Congress which necessarily results in the
Senate to shed light in an inquiry relative to termination of the legislative inquiry of the
the alleged siphoning and diverting of the Senate. As the legislative inquiry ends upon
that expiration, the imprisonment of the
Sison, PKD.
detained witnesses likewise ends. (Balag v. President shall not during his tenure, be
Senate) appointed as members of the Constitutional
Commissions, or the Office of the Ombudsman,
VII. or as Secretaries, Undersecretaries, chairmen
or heads of bureaus or offices, including
Margie has been in the judiciary for a long government-owned or controlled
time, starting from the lowest court. corporations and their subsidiaries.
Twenty (20) years from her first year in the
judiciary, she was nominated as a Justice in VIII.
the Court of Appeals. Margie also happens
to be a first-degree cousin of the President. The President, concerned about persistent
The Judicial and Bar Council included her reports of widespread irregularities and
in the short-list submitted to the President shenanigans related to the alleged ghost
whose term of office was about to end – it projects with which the pork barrel funds
was a month before the next presidential of members of Congress had been
elections. Can the President still make associated, decided not to release the funds
appointments to the judiciary during the authorized under a Special Appropriations
so-called midnight appointment ban Act for the construction of a new bridge.
period? Assuming that he can still make The Chief Executive explained that, to pro
appointments, could he appoint Margie, his perly conserve and preserve the limited
cousin? funds of the government, as well as to avoid
further mistrust by the people, such a
A: Yes, he can still make appointments to the project – which he considered as
judiciary during the so-called midnight unnecessary since there was an old bridge
appointment ban period because the near the proposed bridge which was still
prohibition against such covers only functional – should be scrapped. Does the
appointments to executive positions. President have such authority?
The prohibition against the President A: It is submitted that the president does not
or Acting President making appointments have the authority.
within 2 months before the next presidential
elections and up to the end of the President’s Although it is established that, in
or Acting President’s term does not refer to the keeping with his duty to faithfully execute the
Members of the Supreme Court. Sec. 15, Art. laws, the president has sufficient discretion
VII does not apply as well to all other during the execution of the budget to adapt the
appointments in the Judiciary. (De Castro v. budget to changes in the country’s economic
Judicial and Bar Council) situation, said discretion being justified as a
measure indicative of his fiscal autonomy and
It is submitted that the president can the principle of separation of powers,
likewise validly appoint his cousin, Margie, as (Bengzon v. Drilon) it is nevertheless
a Justice in the Court of Appeals, because the submitted that his decision not to release, and
special rule against nepotism with respect to therefore not spend, the subject funds can be
appointments which may be made by the considered as impoundment, which if not
president does not cover appointments to the statutorily authorized, should be considered
judiciary. as unlawful or unconstitutional.
Thus, it is there provided that “the Impoundment refers to a refusal by the

spouse and relatives by consanguinity or president, for whatever reason, to spend funds
affinity within the fourth civil degree of the made available by Congress. It is the failure, as
Sison, PKD.
in this case, to spend or obligate budget (D) a government regulation that lacks
authority of any type. clear standards is nonsensical and
useless as a guide for human conduct
To allow him to do this, without prior
or express legislative authorization, would be (E) clarity in legal language is a
to, in effect, permit him to repeal a law, in this mandate of due process.
case, the pertinent appropriation measure, or
to exercise a power which he does not have. XI.
This should be considered as violative of the
principle of separation of powers. (Philippine In keeping with the modern age of instant
Constitution Association v. Enriquez) and incessant information and
transformation, Congress passed
IX. Cybercrime Prevention Act to regulate
access to and use of the amenities of the
Gerrymandering refers to the practice of: cyberspace. While ostensibly the law is
intended to protect the interests of society,
(A) creating or dividing congressional some of its provisions were also seen as
districts in a manner intended to favor impermissibly invading and impairing
a particular party or candidate widely cherished liberties of the people
particularly the freedom of expression.
(B) truancy as applied to Members of Before the law could even be implemented,
Congress petitions were filed in the Supreme Court
questioning said provisions by people who
(C) loafing among members of felt threatened, for themselves as well as
Congress for the benefit of others who may be
similarly affected but not minded enough
(D) coming up with guessing game to challenge the law. The Solicitor General
when it comes to legislation countered that there is no basis for the
exercise of the power of judicial review
(E) commandeering large chunks of since there has yet been no violation of the
the budget for favoured congressional law, and therefore, there is no actual case
or controversy to speak of, aside from the
districts
fact that the petitioners have no locus
standi since they do not claim to be in
X.
imminent danger of being prosecuted
under the law. Can the Court proceed to
The void-for-vagueness doctrine is a decide the case even if the law has not yet
concept which means that: become effective?
(A) if a law is vague, then it must be A: Yes, the Supreme Court can decide the case
void even if the law has not yet become effective.
(B) any law which could not be It is established that, upon the mere
understood by laymen is a nullity enactment of the questioned law or the
approval of the challenged action, the dispute
(C) if a law is incomprehensible to is said to have ripened into a judicial
ordinary people such that they do not controversy even without any other overt act.
really know what is required or (Tanada v. Angara)
prohibited, then the law must be
struck down
Sison, PKD.
XII. validly promulgated. (Limkaichong v.

COMELEC)
The Court had adopted the practice of
announcing its decision in important, Until such operative act occurs, there
controversial or interesting cases the is really no decision to speak of, even if some
moment the votes had been taken among or all of the Justices have already affixed their
the justices, even as the final printed signatures thereto. During the intervening
decision and separate opinions are not yet period from the time of signing until the
available to the public. In a greatly promulgation of the decision, anyone who
anticipated decision in a case of wide- took part in the deliberation and had signed
ranging ramifications, the voting was close the decision may, for a reason, validly
– 8 for the majority, while 7 were for the withdraw one’s vote, thereby preserving one’s
other side. After the Court had thus voted, freedom of action. (Limkaichong v. COMELEC)
it issued a press release announcing the
result, with the advice that the printed copy (B) If the decision was not yet
of the decision, together with the separate finalized at the time when the
opinions, were to be issued subsequently. justice died, could it still be
The following day, however, one of the promulgated?
members of the Court died. The Court then
announced that it would deliberate anew A: It is submitted that, considering that one of
on the case since apparently the one who the justices which voted for the majority had
died belonged to the majority. Citizens for died before the actual promulgation of the
Transparency, a group of civic-spirited subject judgment, said decision can no longer
professionals and ordinary citizens be promulgated, as the resultant vote of 7-7
dedicated to transparency and would not be determinative of the case.
accountability in the government,
questioned the act of the Court. The This would be consistent with the
petitioners claimed the decision had established rule that judgments must be duly
already been validly adopted and signed and promulgated during the
promulgated. Therefore, it could no longer incumbency of those, or the judges, who
be recalled by the Court. At the same time, signed them. (People v. So)
the group also asked the Court to disclose
to the public the original decision and the (C) If the decision was still being
separate opinions of the magistrates, finalized, should the Court release
together with what they had deliberated on to the public the majority decision
just before they came up with the press and the separate opinions as
release about the 8-7 decision. originally announced, together with
their deliberations on the issues?
(A) Was the announced 8-7 decision
already validly promulgated and A: It is submitted that the Couert should not
thus not subject to recall? release both the majority decision and the
separate opinions prior to their valid
A: The press release in the subject decision promulgation. These should be considered as
cannot be considered as a valid promulgation parts of the confidential internal deliberations
of said judgment which may thus be recalled. of the Court which must not be released to the
public. (Limkaichong v. COMELEC)
It is established that an
unpromulgated decision is no decision at all. A
decision becomes binding only after it is
Sison, PKD.
XIII. with the conclusion that Maskeraid was a

phony who is just fooling the simple-
Congress may increase the appellate minded people to part with their money in
jurisdiction of the Supreme Court: exchange for the promise of eternal
happiness in some far -away heaven. This
(A) anytime it wants was published in a newspaper which
caused much agitation among the followers
(B) if requested by the Supreme Court of Maskeraid. Some threatened violence
against DeepThroat, while some others
(C) upon recommendation of the already started destroying properties
President while hurting those selling the newspaper.
The local authorities, afraid of the public
disorder that such followers might do,
(D) only with the advice and
decided to ban the distribution of the
concurrence of the Supreme Court
newspaper containing the article.
DeepThroat went to court complaining
(E) whenever it deems it appropriate,
about the prohibition placed on the
advisable or necessary
dissemination of his article. He claims that
the act of the authorities partakes of the
nature of heckler’s veto, thus a violation of
the guaranty of press freedom. On th e
XIV. other hand, the authorities counter that the
act was necessary to protect the public
The guarantee of freedom of expression order and the greater interest of the
signifies: community. If you were the judge, how
would you resolve the issue?
(A) absolute freedom to express
oneself A: I would rule in favor of DeepThroat.
(B) freedom from prior restraint He is correct in complaining against

the prohibition and correctly considered it as
(C) right to freely speak on anything a heckler’s veto, which generally occurs when
without limitations an acting party’s right to freedom of speech is
curtailed or restricted by the government in
(D) the right of the government to order to prevent a reacting party’s behavior, as
regulate speech in this case.
(E) the right of broadcast stations to Government regulations partaking of

air any program the nature of a heckler’s veto have been
considered as unconstitutional. (Hill v.
XV. Colorado)
Allmighty Apostles is a relatively new XVI.

religious group and movement with fast-
growing membership. One time, The overbreadth doctrine posits that the
DeepThroat, an investigative reporter, government:
made a research and study as to what the
group’s leader, Maskeraid was actually (A) must know the extent of its power
doing. DeepThroat eventually came up
Sison, PKD.
(B) when it exercises too much power XVIII.

it is like someone with bad breath – it
is not healthy to society The National Building Code and its
implementing rules provide, inter alia, that
(C) can enact laws which can reach operators of shopping centers and malls
outside its borders, like long -arm should provide parking and loading spaces,
statues in accordance with a prescribed ratio. The
Solicitor General, heeding the call of the
(D) the government is prohibited in public for the provision of free parking
banning unprotected speech if a spaces in malls, filed a case to compel said
substantial amount of protected business concerns to discontinue their
speech is restrained or chilled in the practice of collecting parking fees. The mall
process owners and operators oppose, saying that
this is an invalid taking of their property,
XVII. thus a violation of due process. The
Solicitor General justifies it, however,
Towards the end of the year, the claiming that it is a valid exercise of police
Commission on Audit (COA) sought the power. Could the mall owners and
remainder of its appropriation from the operators be validly compelled to provide
Department of Budge t and Management free parking to their customers?
(DBM). However, the DBM refused because
the COA had not yet submitted a report on A: No, they may not be so compelled.
the expenditures relative to the earlier
amount released to it. And, pursuant to the A prohibition against mall owners
"no report, no release" policy of the DBM, from collecting parking fees from their
COA is not entitled to any further releases customers who use their parking lost has been
in the meantime. COA counters that such a considered as a “taking” within the context of
policy contravenes the guaranty of fiscal the power of eminent domain, and cannot be
autonomy granted by the Constitution. Is justified as a valid exercise of the police power,
COA entitled to receive the rest of its and cannot be justified as a valid exercise of
appropriations even without complying the police power. In totally prohibiting
with the DBM policy? respondents from collecting parking fees from
the public for the use of the mall parking
A: COA is entitled to receive the rest of its facilities, the State would be acting beyond the
appropriations, the release of which cannot be bounds of police power.
conditioned on its prior compliance with the
DBM’s “no report, no release policy.” This Police power does not involve the
cannot be made to apply to the COA because of taking or confiscation of property, with the
its fiscal autonomy which is guaranteed under exception of a few cases where there is a
the Constitution. (Art. IX-A, Sec. 5) necessity to confiscate private property in
order to destroy it for the purpose of
This is not to say that the COA, though protecting peace and order and of promoting
bested with fiscal autonomy, has no reporting general welfare. When there is taking or
responsibility at all to the DBM. It is confiscation of private property for public use,
established that constitutional commissions the State is no longer exercising police power,
clothed with fiscal autonomy may submit but eminent domain.
reports relative to its appropriation for
records purposes only. (CSC v DBM) Although in the present case, title to
and/or possession of the parking facilities
Sison, PKD.
remains with the mall owners, the prohibition showing of any clear and present danger. (SWS
against their collection of parking fees from v. COMELEC)
the public, for the use of said facilities, is
already tantamount to a taking or confiscation XX.
of their properties. The State is not only
requiring that respondents devote a portion of Under the so-called doctrine of qualified
the latter’s properties for use as parking political agency,
spaces, but is also mandating that they give the
public access to said parking spaces for free. (A) civil servants must first qualify
Such is already an excessive intrusion into the before they could be appointed to
property rights of the respondents. Not only office
are they being deprived of the right to use a
portion of their properties as they wish, they (B) all employees in the government
are further prohibited from profiting from its are merely agents of the people
use or even just recovering therefrom the
expenses for the maintenance and operation
(C) the acts of subordinates
of the required parking facilities. (OSG v. presumptively of those of the heads of
AyalaLand Inc.) offices disapproves them
XIX. (D) members of the Cabinet must have
the absolute trust and confidence of
Surveys Galore is an outfit involved in the President
conducting nationwide surveys. In one
such survey, it asked the people about the XXI.
degree of trust and confidence they had in
several institutions of the government.
Constituent power refers to the authority
When the results came in, the judiciary was
shown to be less trusted than most of the
government offices. The results were then (A) of public officials to command
published by the mass media. Assension, a respect
trial court judge, felt particularly offended
by the news. He then issued a show-cause (B) given to Congress to enact police
order against Surveys Galore directing the power measures
survey entity to explain why it should not
be cited in contempt for coming up with (C) to propose constitutional
such a survey and publishing the results amendments or revisions
which were so unflattering and degrading
to the dignity of the judiciary. Surveys (D) of the people to take back the
Galore immediately assailed the show- power entrusted to those in
cause order of Judge Assension, arguing government
that it is violative of the constitutional
guaranty of freedom of expression. Is (E) of the President to call out the
Surveys Galore’s petition meritorious? armed forces to suppress lawless
violence
A: Yes, its petition is meritorious.
XXII.
Survey results constitute protected
speech and cannot be subjected to prior The National Power and Grid Corporation
restraint or subsequent punishment without a (NPGC), a government entity involved in
Sison, PKD.
power generation distribution, had its XXIII.

transmission lines traverse some fields
belonging to Farmerjoe. NPGC did so The police got a report about a shooting
without instituting any expropriation incident during a town fiesta. One person
proceedings. Farmerjoe, not knowing any was killed. The police immediately went to
better, did not immediately press his claim the scene and started asking the people
for payment until after ten years later about what they witnessed. In due time,
when a son of his took up Law and told him they were pointed to Edward Gunman, a
that he had a right to claim compensation. security guard, as the possible malefactor.
That was then the only time that Farmerjoe Edward was then having refreshment in
earnestly demanded payment. When the one of the eateries when the police
NPGC ignored him, he instituted a case for approached him. They asked him if he had
payment of just compensation. In defense, a gun to which question he answered yes.
NPGC pointed out that the claim had Then they asked if he had seen anybody
already prescribed since under its Charter shot in the vicinity just a few minutes
it is clearly provided that "actions for earlier and this time he said he did not
damages must be filed within five years know about it. After a few more questions,
after the rights of way, transmission lines, one of the policemen asked Edward if he
substations, plants or other facilities shall was the shooter. He said no, but then the
have been established and that after said policeman who asked him told him that
period, no suit shall be brought to question several witnesses pointed to hi m as the
the said rights of way, transmission lines, shooter. Whereupon Edward broke down
substations, plants or other facilities." If and started explaining that it was a matter
you were the lawyer of Farmerjoe, how of self-defense. Edward was eventually
would you protect and vindicate the rights charged with murder. During his trial, the
of your client? statements he made to the police were
introduced as evidence against him. He
A: I would file an action for payment of just objected claiming that they were
compensation and contend that the same inadmissible since he was not given his
cannot be considered as prescribed. Miranda rights. On the other hand, the
prosecution countered that there was no
The establishment of the subject need for such rights to be given since he
transmission lines constitutes taking in the was not yet arrested at the time of the
context of the power of eminent domain, for questioning. If you were the judge, how
which just compensation must be paid. would you rule on the issue?
(National Power Corporation v. Heirs of
Sangkay) A: If I were the judge, I would consider the
confession as inadmissible because he was
The action, which would partake of the not, prior to his admission, properly advised of
nature of an inverse condemnation proceeding his Miranda rights.
or a reversed eminent domain, considering the
failure of the NPGC to institute the appropriate It bears stressing that, when he was
expropriation proceedings, would clearly be questioned, Edward was already considered
justified or warranted under the by the police as a suspect, the witnesses who
circumstances and should not be considered saw the killing having pointed him out to them.
as prescribed. (Republic v. CA) Under said circumstances, the questioning
done by the police then and there can be
considered as partaking of the nature of a
custodial investigation.
Sison, PKD.
A custodial investigation commences she is no longer a natural-born citizen. In

when a person is taken into custody and is any event, she could not seek elective
singled out as a suspect in the commission of a position since she never renounced her
crime under investigation and the police foreign citizenship pursuant to the
officers begin to ask questions on the suspect’s Citizenship Retention and Reacquisition
participation therein and which tend to elicit Act (R.A. No. 9225). Is Rosebud disqualified
an admission. (People v. Marra, People v. to run by reason of citizenship?
Cabanada)
A: Rosebud, a dual citizen, can be considered
XXIV. as not disqualified on the ground of
citizenship.
Alienmae is a foreign tourist. She was
asked certain questions in regard to a Her marriage to Rockold did not
complaint that was filed against her by necessarily result in her loss of her natural-
someone who claimed to have been born Philippine citizenship status, as it is
defrauded by her. Alienmae answered all provided in Sec. 4 of Art. IV of the Constitution
the questions asked, except in regard to that citizens of the Philippines who marry
some matters in which she invoked her aliens shall retain their citizenship, unless by
right against self-incrimination. When she their act or omission they are deemed, under
was pressed to elucidate, she said that the the law, to have renounced it.
questions being asked might tend to elicit
incriminating answers insofar as her home There is no showing that Rosebud has
state is concerned. Could Alienmae invoke done any act or omission which, under said
the right against self-incrimination if the provision, can lead to her being considered as
fear of incrimination is in regard to her having renounced her natural=born
foreign law? Philippine citizenship status. She therefore
remains as a natural-born Philippine citizen.
A: Yes, her right against self-incrimination
with regard to the penal laws in her home state It is established though that dual
may be invoked by her even if she were citizens who wish to run for elective office
abroad, or in another country. must renounce their foreign citizenship prior
to or upon filing of their certificates of
This would be consistent with the rule candidacy. There is nothing to indicate that
prescribed in the International Covenant on she had made such a renunciation. Absent
Civil and Political Rights which makes said such a renunciation, she should be considered
right available to everyone. (Article 14(3)) as ineligible for election on the ground of
citizenship, because it is equally established
XXV. that, for purposes of appointment or election
to public office, sole Philippine citizenship is
Rosebud is a natural-born Filipino woman required. (Mercado v. Manzano)
who got married to Rockcold, a citizen of
State Frozen. By virtue of the laws of XXVI.
Frozen, any person who marries its citizens
would automatically be deemed its own The one-year-bar rule in impeachment
citizen. After ten years of marriage, proceedings is to be reckoned from the
Rosebud, who has split her time between time the
the Philippines and Frozen, decided to run
for Congress. Her opponent sought her (A) first impeachment complaint is
disqualification, however, claiming that filed
Sison, PKD.
(B) impeachment complaint is Court is an integral part of the rules

referred to the Committee on Justice promulgated by this Court pursuant to its rule-
making power under Sec. 5, Art. VIII of the
(C) House of Representatives vote on Constitution.
the impeachment complaint
Any exemption from the payment of
(D) House of Representatives legal fees granted by Congress to government-
endorses the Articles of Impeachment owned and controlled corporations and local
to the Senate government units will necessarily reduce the
JDF and the SAJF and impair the Court’s
XXVII. guaranteed fiscal autonomy and erode its
independence. (In the Matter of Clarification of
Congress enacted a law exempting certain Exemption from Payment of All Court and
government institutions providing social Sheriff’s Fees)
services from the payment of court fees.
Atty. Kristopher Timoteo challenged the XXVIII.
constitutionality of the said law on the
ground that only the Supreme Court has the From an existing province, Wideland,
power to fix and exempt said entities from Congress created a new province, Hundred
the payment of court fees. Isles, consisting of several islands, with an
aggregate area of 500 square kilometers.
Congress, on the other hand, argues that The law creating Hundred Isles was duly
the law is constitutional as it has the power approved in a plebiscite called for that
to enact said law for it was through purpose. Juan, a taxpayer and a resident of
legislative fiat that the Judiciary Wideland, assailed the creation of Hundred
Development Fund (JDF) and the Special Isles claiming that it did not comply with
Allowance for Judges and Justices (SAJJ), the area requirement as set out in the Local
the funding of which are sourced from the Government Code, i.e., an area of at least
fees collected by the courts, were created. 2,000 square kilometers. The proponents
Thus, Congress further argues that if it can justified the creation, however, pointing
enact a law utilizing court fees to fund the out that the Rules and Regulations
JDF and SAJJ, a fortiori it can enact a law Implementing the Local Government Code
exempting the payment of court fees. states that "the land area requirement
shall not apply where the pr opposed
Discuss the constitutionality of the said province is composed of one (1) or more
law, taking into account the arguments of islands." Accordingly, since the new
both parties? province consists of several islands, the
area requirement need not be satisfied.
A: Said law is unconstitutional for being How tenable is the position of the
violative of the principle of separation of proponents?
powers, constituting as it does an
encroachment by the Congress into the rule- A: The contention of the proponents is more
making power of the Supreme Court, and as an tenable.
impairment of its fiscal autonomy.
While Juan may be generally correct in
Fiscal autonomy recognizes the power his contention that the subject law did not
and authority of the Court to levy, assess and comply with the requirement on territory, the
collect fees, including legal fees. The payment exemption of the Wideland form the 2,000
of legal fees under Rule 141 of the Rules of square kilomteres requirement thereunder,
Sison, PKD.
consisting as it does of several islands, is he was, when arrested, present as a mere

nevertheless provided for in the LGC-IRR, tourist
which has been acknowledged by the Supreme
Court as amounting to both executive and It is significant that he cannot claim
legislative construction of the LGC. diplomatic immunity in State Paradise, where
he was arrested, also because he was there
Thus, in the case of Navarro v. Ermita, only as a tourist, and was not there because he
the Court ruled that the Congress, in was passing through to take up or return to his
promulgating the law creating a province diplomatic post, or to return to his own
similarly consisting of several islands had, in country. If either of these were the case, then
effect, affirmed said provision in the LGC-IRR, he would have been entitled to diplomatic
as and by way of amendment of the Local immunity under the provisions of Art. 40(1) of
Government Code, which, concededly, did not the Vienna Convention of Diplomatic
provide for an exemption of provinces Relations.
comprised of islands from said territory
requirement. XXX.
XXIX. Congress passed a law, R.A. No. 15005,

creating an administrative Board
Ambassador Gaylor is State Juvenus’ principally tasked with the supervision
diplomatic representative to State and regulation of legal education. The
Hinterlands. During one of his vacations, Board was attached to the Department of
Ambassador Gaylor decided to experience Education. It was empowered, among
for himself the sights and sounds of State others, to prescribe minimum standards
Paradise, a country known for its beauty for law admission and minimum
and other attractions. While in State qualifications of faculty members, the basic
Paradise, Ambassador Gaylor was caught curricula for the course of study aligned to
in the company of children under the requirements for admission to the Bar,
suspicious circumstances. He was arrested law practice and social consciousness, as
for violation of the strict anti-pedophilia well as to establish a law practice
statute of State Paradise. He claims that he internship as a requirement for taking the
is immune from arrest and incarceration Bar which a law student shall undergo
by virtue of his diplomatic immunity. Does anytime during the law course, and to
the claim of Ambassador Gaylor hold adopt a system of continuing legal
water? education. Professor Boombastick, a long-
time law practitioner and lecturer in
A: No. several prestigious law schools, assails the
constitutionality of the law arguing; that it
This claim would be inconsistent with encroached on the prerogatives of the
Art. 31 (1) of the Vienna Convention of Supreme Court to promulgate rules
Diplomatic Relations, which generally relative to admission to the practice of law,
provides that a diplomatic agent, such as the Integrated Bar, and legal assistance to
Ambassador Gaylor, shall enjoy immunity the underprivileged. If you were Professor
from the criminal jurisdiction only of the Boombastick’s understudy, how may you
receiving state. It bears emphasis that he is help him develop clear, concise and cogent
Juvenus’ diplomatic representative to State arguments in support of his position based
Hinterlands, which is to be considered as his on the present Constitution and the
receiving state, and not State Paradise, where decisions of the Supreme Court on judicial
independence and fiscal autonomy?
Sison, PKD.
A: I would assail the provisions of the subject jurisdiction acts committed in the line of
law authorizing the Board to prescribe duty by foreign military personnel, and
minimum standards for law admission and from paying custom duties on all the goods
minimum qualifications of faculty members, brought by said foreign forces into
the basic curricula for the course of study Philippine territory in connection with the
aligned to the requirements for admission to holding of the activities authorized under
the Bar, law practice and social consciousness the said Executive Agreement.
on the ground of academic freedom,
guaranteed under the provisions of Art. XIV, Senator Maagap questioned the
Sec. 5 of the Constitution, which consists of constitutionality of the said Executive
four essential freedoms to determine for itself Agreements and demanded that the
on academic grounds: (1) who may teach; (2) Executive Agreements be submitted to the
what may be taught; (3) how it shall be taught; Senate for ratification pursuant to the
and (4) who may be admitted to study. Philippine Constitution. Is Senator Maagap
(Camacho v. Corresis) correct? Explain.
The authority given to the Board to A: Only the first Executive Agreement
establish a law practice internship as a regarding the establishment of the embassy of
requirement for taking the Bar which a law Kroi Sha need not be submitted to the Senate
student shall undergo anytime during the law for its concurrence, following the general rule
course and to adopt a system of continuing that Executive Agreements need not be
legal education for lawyers, or those who have submitted to the Senate for its concurrence,
already been admitted to the practice of law, following the general rule that Executive
can be considered as an encroachment of the Agreements need not be submitted to the
rule-making power of the Supreme Court Senate for its concurrence, under the
under Art. VII, Sec. 5 of the Constitution, under provisions of Sec. 21 of Art. VII of the
which, it has the sole authority to promulgate Constitution. (Bayan Muna v. Romulo)
rules concerning the practice of law. (Pimentel
v. Exec. Secretary and LEB) The second Executive Agreement
which allows the Republic of Kroi Sha to bring
2015 to the Philippines its military complement,
warships, and armaments from time to time
I. should be considered as subject to the
provisions of Sec. 25 of Art. XVIII of the
The Philippines and the Republic of Kroi Constitution, which requires that “foreign
Sha established diplomatic relations and bases, troops or facilities shall not be allowed
immediately their respective Presidents in the Philippines except under a treaty duly
signed the following: (1) Executive concurred in by the Senate and, when the
Agreement allowing the Republic of Kroi Congress so requires, ratified by a majority of
Sha to establish its embassy and consular the votes cast by the people in a national
offices within Metro Manila; and (2) referendum held for that purpose, and
Executive Agreement allowing the recognized as a treaty by the other contracting
Republic of Kroi Sha to bring to the state.” (Saguisag v. Executive Secretary)
Philippines its military complement,
warships, and armaments from time to It should be noted that, under the
time for a period not exceeding one month Constitution, the Senate merely provides its
for the purpose of training exercises with concurrence to, and does not ratify, treaties. It
the Philippine military forces and is the President who ratifies treaties.
exempting from Philippine criminal (Pimentel v. Executive Secretary)
Sison, PKD.
II. A: Under Art. 33 of the UNCLOS, the contiguous

zone of a state may not extend beyond 24
(1) A bill was introduced in the House of nautical miles from the baselines from which
Representatives in order to implement the breadth of the territorial sea is measured.
faithfully the provisions of the United The coastal state may, within said zone,
Nations Convention on the Law of the Sea exercise the control necessary to prevent
(UNCLOS) to which the Philippines is a infringement of its customs, fiscal,
signatory. Congressman Pat Rio Tek immigration or sanitary laws, rules or
questioned the constitutionality of the bill regulations within its territory or territorial
on the ground that the provisions of UN sea, and punish infringement of said laws and
CLOS are violative of the provisions of the regulations committed within its territory or
Constitution defining the Philippine territorial sea.
internal waters and territorial sea. Do you
agree or not with the said objection? (c) Exclusive economic zone
Explain.
A: Under Art. 57 of the UNCLOS, the exclusive
A: I do not agree. economic zone of a state, over which it may
assert exclusive jurisdiction and ownership[p
UNCLOS does not define the internal over all living and non-living resources found
and territorial waters of states but merely therein, shall not extend beyond 200 nautical
prescribes the waterland ratio, length, and miles from the baselines from which the
contour of baselines of archipelagic States like breadth of the territorial sea is measured.
the Philippines.
(d) Continental shelf
UNCLOS has nothing to do with
acquisition or loss of territory. It is a A: The continental shelf of states comprises
multilateral treaty regulating, among others, the seabed and subsoil of the submarine areas
sea-use rights over maritime zones such as the that extend beyond its territorial sea
territorial waters, contiguous zone, exclusive throughout the natural prolongation of its land
economic zone, and continental shelves that territory to the outer edge of the continental
UNCLOS III delimits. margin, or to a distance of 200 nautical miles
from the baselines from which the breadth of
(2) Describe the following maritime the territorial sea is measured where the outer
regimes under UNCLOS edge of the continental margin does not extend
up to that distance. (UNCLOS III, Art. 77)
(a) Territorial sea
III.
A: Under the UNCLOS, every State has the right
to establish the breadth of its territorial sea up Professor Masipag who holds a plantilla or
to a limit not exceeding 12 nautical miles, regular item in the University of the
measured from baselines determined in Philippines (UP) is appointed as an
accordance with this Convention. (Art. 3) The Executive Assistant in the Court of Appeals
outer limit of the territorial sea is the line (CA). The professor is considered only on
every point of which is at a distance from the leave of absence in UP while he reports for
nearest point of the baseline equal to the work at the CA which shall pay him the
breadth of the territorial sea. (Art. 4) salary of the Executive Assistant. The
appointment to the CA position was
(b) Contiguous zone questioned, but Professor Masipag
countered that he will not collect the salary
Sison, PKD.
for both positions; hence, he can not be Telecommunications (AT), another

accused of receiving double compensation. stockholder of the PTC which also owns
Is the argument of the professor valid? 1,000 common shares. A Filipino
Explain. stockholder of PTC questions the sale on
the ground that it will increase the common
A: Professor Masipag is correct in saying that shares of AT, a foreign company, to more
he cannot be accused of receiving double than 40% of the capital (stock) of PTC in
compensation as he would not actually be violation of the 40% limitation of foreign
receiving additional or double compensation. ownership of a public utility. AT argues
that the sale does not violate the 60-40
Alternative Answer: ownership requirement in favor of Filipino
citizens decreed in Section II, Article XII of
It is submitted that he may nevertheless not be the 1987 Constitution because Filipinos
allowed to accept the position of Executive still own 70% of the capital of the PTC. AT
Assistant of the Court of Appeals during his points to the fact that it owns only 2,000
incumbency as a regular employee of the common voting shares and 1,000 non-
University of the Philippines, as the former voting preferred shares while Filipino
would be an incompatible office not allowed to stockholders own 1,000 common shares
be concurrently held by him under the and 6,000 preferred shares, therefore,
provisions of Art. IX-B, Sec. 7 of the Constitution, Filipino stockholders still own a majority
the second paragraph of which specifies that of the outstanding capital stock of the
“unless otherwise allowed by law or by the corporation, and both classes of shares
primary functions of his position, no appointive have a par value of Php 20.00 per share.
official shall hold any other office in the Decide.
Government.”
A: It is submitted that the equity structure in
IV. PTC after the sale by BDTI of 1,000 of its
common (voting) shares in favor of AT, an
When is a facial challenge to the Australian corporation, can be considered as
constitutionality of a law on the ground of violative of the 60-40 ownership requirement
violation of the Bill of Rights traditionally in favor of Filipino citizens decreed in Sec. 11,
allowed? Explain your answer. Art. XII of the 1987 Constitution.
A: A facial challenge is allowed to assail the The rule is that the term “capital” in
validity of statutes concerning not only Sec. 11, Art. XII of the Constitution refers only
protected speech, but also all other rights to shares of stock entitled to vote in the
covered thereunder, including religious election of directors, and thus in the present
freedom, freedom of the press, and the right of case only to common shares, and not to the
the people to peaceably assemble, and to total outstanding capital stock comprising
petition the Government for a redress of both common and non-voting preferred
grievances. shares. (Gamboa v. Finance Secretary)
V. Moreover, it is likewise established

that mere legal title is insufficient to meet the
BD Telecommunications, Inc. (BDTI), a 60% Filipino-owned capital required in the
Filipino-owned corporation, sold its 1,000 Constitution. Full beneficial ownership 60% of
common shares of stock in the Philippine the outstanding capital stock, coupled with
Telecommunications Company (PTC), a 60% voting rights, is required. The legal and
public utility, to Australian beneficial ownership of 60% of the
Sison, PKD.
outstanding capital stock must rest in the power under Sec. 18, Art. VII of the
hands of Filipino nationals in accordance with Constitution, which provides that whenever it
the constitutional mandate. Otherwise, the becomes necessary, he may call out such
corporation is considered as a non-Philippine armed forces to prevent or suppress lawless
national. To construe broadly the term capital violence, invasion or rebellion, (Sanlakas v.
as the outstanding capital stock, including Exec. Secretary) while the power to proclaim a
both common and non-voting preferred state of national emergency can be said to be
shares, grossly contravenes the intent and based primarily on his duty to enforce the laws
letter of the Constitution that the State shall as well as to formulate policies to be embodied
develop a self-reliant and independent in existing laws, consistent with the provisions
national economy effectively controlled by of Sec. 17 of Art. VII of the Constitution.
Filipinos. A broad definition unjustifiably
disregards who owns the all-important voting Under said provision, the President
stock, which necessarily equates to control the sees to it that all laws are enforced by the
public utility. (Gamboa v. Finance Secretary) officials and employees of his department.
Moreover, in the exercise of such function, the
Thus, although Filipino stockholders President, if needed, may employ the powers
may be recorded as owning 70% of PTC, attached to his office as the commander-in-
though with only 1,000 common voting Chief of all the armed forces of the country,
shares, the fact remains that the corporation including the PNP under the DILG.
would be actually controlled by AT, by reason
of its greater number of common or voting It must be noted though, that without
shares. a law promulgated pursuant to the provisions
of Sec. 23 (2) of Art. VI and Sec. 17 of Art. XII,
Applying the control test, which is the both of which authorize the statutory
prevailing mode of determining whether or delegation of emergency powers in favor of
not a corporation is Filipino, and which the President, he is limited to the exercise of
prescribes that shares belonging to his calling-out power under Sec. 18 of Art. VII
corporations or partnerships at least 60% of of the Constitution, and may not exercise
the capital of which is owned by Filipino emergency powers. (David v. Arroyo)
citizens shall be considered as of Philippine
nationality, it becomes clear that AT, an (2) What are the limitations, if any, to the
Australian corporation, controls PTC. (Narra pardoning power of the President?
Nickel Mining v. Redmont)
A: Sec. 19 of Art. VII and Sec. 5 of Art, IX-C
VI. provides that the only instances in which the
President may not extend pardon remain to be
(1) Distinguish the President's authority to in: (1) impeachment cases; (2) cases that have
declare a state of rebellion from the not yet resulted in a final conviction; and (3)
authority to proclaim a state of national cases involving violations of election laws,
emergency. rules and regulations in which there was no
favorable recommendation coming from the
A: While both the power to declare a state of COMELEC. (Risos-Vidal v. COMELEC)
rebellion and the power to proclaim a state of
national emergency may be justified under the It may be added that pardons may not
President’s general Ordinance Powers under be extended to a person convicted of
the provisions of the Administrative Code, the legislative contempt, as this would violate the
power to declare a state of rebellion springs doctrine of separation of powers, or of civil
from the President’s so-called calling out contempt since this would involve the benefit
Sison, PKD.
not of the State itself but of the private litigant Industry, the Governor of the Central Bank,
whose rights have been violated by the the Director General of the National
contemner. Pardon cannot also be extended Economic Development Authority, and the
for purposes of absolving the pardonee of civil Chairperson of the Philippine Overseas
liability, including judicial costs, since, again, Construction Board shall sit as ex-officio
the interest that is remitted does not belong to members of the Board of Directors (BOD)
the State but to the private litigant. of a government owned and controlled
corporation (GOCC). The other four (4)
VII. members shall come from the private
sector. The BOD issues a resolution to
Senator Fleur De Lis is charged with implement a new organizational structure,
plunder before the Sandiganbayan. After staffing pattern, a position classification
finding the existence of probable cause, the system, and a new set of qualification
court issues a warrant for the Senator's standards. After the implementation of the
arrest. The prosecution files a motion to Resolution, Atty. Dipasupil questioned the
suspend the Senator relying on Section 5 of legality of the Resolution alleging that the
the Plunder Law. According to the BOD has no authority to do so. The BOD
prosecution, the suspension should last claims otherwise arguing that the doctrine
until the termination of the case. Senator of qualified political agency applies to the
Lis vigorously opposes the motion case. It contends that since its agency is
contending that only the Senate can attached to the Department of Finance,
discipline its members; and that to allow whose head, the Secretary of Finance, is an
his suspension by the Court would violate alter ego of the President, the BOD's acts
the principle of separation of powers. Is were also the acts of the President. Is the
Senator Lis's contention tenable? Explain. invocation of the doctrine by the BOD
proper? Explain.
A: The Senator’s contention is untenable. He
can be validly preventively suspended under A: The invocation by the Board of Directors of
the Plunder Law. the doctrine of qualified political agency is not
proper.
The power of each House of Congress
to punish its Members for disorderly behavior The doctrine of qualified political
and suspend or expel a Member by a vote of agency essentially postulates that the heads of
two-thirds of all its Members subject to the the various executive departments are the
qualification that the penalty of suspension, alter egos of the President, and, thus, the
when imposed, should not exceed 60 days actions taken by such heads in the
under Sec. 16(3), Art. VI of the Constitution is performance of their official duties are
“distinct” from the suspension under the deemed the acts of the President unless the
Plunder Law, which is not a penalty but a President himself should disapprove such acts.
preliminary, preventive measure, prescinding
from the fact that the latter is not being It should be noted though that the
imposed on petitioner for misbehavior as a Cabinet members sat on the Board of Directors
Member of the House of Representatives. ex officio, or by reason of their office or
(Ceferino Paredes Jr. v. Sandiganbayan, et. al.) function, not because of their direct
appointments to the Board by the President.
VIII. Evidently, it was the law, not the President that
sat them in the Board.
A law provides that the Secretaries of the
Departments of Finance and Trade and
Sison, PKD.
Under the circumstances, when the bear the President’s authority and has the
members of the Board of Directors effected the effect of prohibiting the official from
assailed reorganization, they were acting as appearing before Congress, subject only to
members of the Board of Directors constituted that express pronouncement of the President
pursuant to the law, not as the alter egos of the that it is allowing the appearance of such
President. (Trade and Investment Dev’t Co. of official. These provisions thus allow the
the PH v. Manalang-Demigillo) President to authorize claims of privilege by
mere silence.
IX.
Such presumptive authorization,
Several senior officers of the Armed Forces however, is contrary to the exceptional nature
of the Philippines received invitations from of the privilege, which is recognized with
the Chairperson of the Senate Committees respect to information the confidential nature
on National Defense and Security for them of which is crucial to the fulfillment of the
to appear as resource persons in scheduled unique role and responsibilities of the
public hearings regarding a wide range of executive branch, or in those instances where
subjects. The invitations state that these exemption from disclosure is necessary to the
public hearings were triggered by the discharge of highly important executive
privilege speeches of the Senators that responsibilities. The doctrine of executive
there was massive electoral fraud during privilege is thus premised on the fact that
the last national elections. The invitees certain information must, as a matter of
Brigadier General Matapang and necessity, be kept confidential in pursuit of the
Lieutenant Coronel Makatuwiran, who public interest. The privilege being, by
were among those tasked to maintain definition, an exemption from the obligation to
peace and order during the last election, disclose information, in this case to Congress,
refused to attend because of an Executive the necessity must be of such high degree as to
Order banning all public officials outweigh the public interest in enforcing that
enumerated in paragraph 3 thereof from obligation in a particular case. (Senate v.
appearing before either house of Congress Ermita)
without prior approval of the President to
ensure adherence to the rule of executive X.
privilege. Among those included in the
enumeration are "senior officials of The Secretary of the Department of
executive departments who, in the Environment and Natural Resources
judgment of the department heads, are (DENR) issued Memorandum Circular No.
covered by executive privilege." Several 123-15 prescribing the administrative
individuals and groups challenge the requirements for the conversion of a
constitutionality of the subject executive timber license agreement (TLA) into an
order because it frustrates the power of the Integrated Forestry Management
Congress to conduct inquiries in aid of Agreement (IFMA). ABC Corporation, a
legislation under Section 21, Article VI of holder of a TLA which is about to expire,
the 1987 Constitution. Decide the case. claims that the conditions for conversion
imposed by the said circular are
A: The subject EO is unconstitutional. unreasonable and arbitrary and a patent
nullity because it violates the non-
Paragraph 3 of said EO virtually impairment clause under the Bill of Rights
provides that, once the head of office of the 1987 Constitution. ABC Corporation
determines that a certain information is goes to court seeking the nullification of
privileged, such determination is presumed to the subject circular. The DENR moves to
Sison, PKD.
dismiss the case on the ground that ABC VIII of the 1987 Constitution and judicial
Corporation has failed to exhaust legislation.
administrative remedies which is fatal to
its cause of action. If you were the judge, A: The rule-making power of the Supreme
will you grant the motion? Explain. Court is based on Sec. 5 of Art. VIII of the
Constitution, which confers upon it the
A: I will not grant the motion. authority to promulgate rules concerning the
protection and enforcement of constitutional
The subject Memorandum Circular No. rights, pleading, practice, and procedure in all
123-15 was issued by the DENR in its quasi- courts, the admission to the practice of law, the
legislative or regulatory capacity, and not integrated bar, and legal assistance to the
pursuant its quasi-judicial competence. under-privileged. Such rules shall provide a
Accordingly, the doctrine of exhaustion of simplified and inexpensive procedure for the
administrative remedies may not be invoked speedy disposition of cases, shall be unfirm for
for purposes of dismissing the constitutional all courts of the same grade, and shall not
challenge. (Monetary Board v. Philippine diminish, increase, or modify substantive
Veterans Bank) rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective
Moreover, the issue involves merely a unless disapproved by the Supreme Court.
question of law, as the contention is that the
subject regulation violates the non- This power would not entitle it to
impairment clause. Said question at best could engage in judicial legislation, which would
be resolved only tentatively by the essentially allow it to amend laws, as this
administrative authorities. The final decision would be abjured by the trias politica principle
on the matter rests not with them but with the (Mendoza v. People), or the principle of
courts of justice. Exhaustion of administrative separation of powers.
remedies does not apply, because nothing of
an administrative nature is to be or can be It is to be noted in this connection that
done. (United Overseas Bank v. Board of the rules that the Supreme Court may
Commissioners) promulgate under Sec. 5(5) of Art. VIII of the
Constitution shall not diminish, increase, or
XI. modify substantive rights.
(1) What is the concept of expanded XII.

judicial review under the 1987
Constitution? Discuss the evolution of the principle of jus
sanguinis as basis of Filipino citizenship
A: The concept of expanded judicial power is under the 1935, 1973, and 1987
specified in the second paragraph of Sec. 1 of Constitutions.
Art. VIII of the Constitution where it is
provided that judicial power includes the duty A: It was under the 1935 Constitution that
to determine whether or not there has been a reference was first made to parentage, or the
grave abuse of discretion amounting to lack or principle of jus sanguinis, as a mode of
excess of jurisdiction on the part of any branch determining citizenship in our jurisdiction.
or instrumentality of the Government.
Thus, under said Constitution, those
(2) Differentiate the rule-making power or whose fathers are citizens of the PH and those
the power of the Supreme Court to whose mothers are citizens of the PH and,
promulgate rules under Section 5, Article upon reaching the age of majority, elect PH
Sison, PKD.
citizenship are, under the jus sanguinis Congress as well as eight (8) members of
principle, which confers citizenship upon a the Sangguniang Panglungsod. R.A. No.
person on the basis of blood relations, 1234 apportioned the City's barangays.
considered natural-born citizen of the The COMELEC thereafter promulgated
Philippines. Resolution No. 2170 implementing R.A. No.
1234.
Thereafter, Sec. 2 of Art. III of the 1973
Constitution provided that those whose Piolo Cruz assails the COMELEC Resolution
fathers and mothers are citizens of the PH shall as unconstitutional. According to him, R.A.
be considered as natural-born Filipino No. 1234 cannot be implemented without
citizens, or citizens of the PH from birth conducting a plebiscite because the
without having to perform any act to acquire apportionment under the law falls within
or perfect his PH citizenship. (Art. III, Sec. 4, the meaning of creation, division, merger,
1973) abolition or substantial alteration of
boundaries of cities under Section 10,
Under Sec. 1 (2) of the 1987 Article X of the 1987 Constitution. Is the
Constitution, it is provided that those whose claim correct? Explain.
fathers or mothers are citizens of the PH shall
be considered as natural-born citizens of the A: The claim of Piolo Cruz that R.A. No. 1234 is
PH, following the jus sanguinis principle. unconstitutional is incorrect.
In turn, Sec. 1 (3), in relation to Sec. 2, The division of the lone district of the
of the same Constitution, provides that those City of Pangarap did not involve any change in
born before Jan 17, 1973, of Filipino mothers, its existing territory. Where no new territory
who elect PH citizenship upon reaching the or no change in an existing territory is made
age of majority, shall be likewise be deemed under a law, and only a reapportionment or
natural-born citizens, also following the jus the creation of an additional legislative district
sanguinis principle. It is similarly provided in is done, no such plebiscite would be necessary.
Sec. 2 thereof that natural-born citizens are (Bagabuyo v. COMELEC)
those who are citizens of the PH from birth
without having to perform any act to acquire XIV.
or perfect their PH citizenship. (David v. SET)
Congress enacted R.A. No. 14344 creating
XIII. the City of Masuwerte which took effect on
September 25, 2014. Section 23 of the law
On August 15, 2015, Congresswoman Dina specifically exempts the City of Masuwerte
Tatalo filed and sponsored House Bill No. from the payment of legal fees in the cases
5432, entitled "An Act Providing for the that it would file and/or prosecute in the
Apportionment of the Lone District of the courts of law. In two (2) cases that it filed,
City of Pangarap." The bill eventually the City of Masuwerte was assessed legal
became a law, R.A. No. 1234. It mandated fees by the clerk of court pursuant to Rule
that the lone legislative district of the City 141 (Legal Fees) of the Rules of Court. The
of Pangarap would now consist of two (2) City of Masuwerte questions the
districts. For the 2016 elections, the voters assessment claiming that it is exempt from
of the City of Pangarap would be classified paying legal fees under Section 23 of its
as belonging to either the first or second charter. Is the claim of exemption tenable?
district, depending on their place of Explain.
residence. The constituents of each district
would elect their own representative to
Sison, PKD.
A: The claim of exemption from legal fees in Will the constitutional challenge succeed?
untenable. Explain.
The payment of legal fees is a vital A: It is submitted that the constitutional

component of the rules promulgated by the challenge will succeed. Commissioner
Supreme Court concerning pleading, practice Marikit’s promotional appointment is
and procedure. It cannot be validly annulled, unconstitutional.
changed or modified by Congress. To allow the
Congress to do so would be to permit its The rule is that, while a reappointment
encroachment upon the exclusive rule-making found in Sec. 1(2), Art. IX-D means a
authority of the Supreme Court as well as to movement to one and the same office. An
impair its fiscal autonomy and judicial appointment involving a movement to a
independence. (Emnace v. CA) different position or office would constitute a
new appointment and, hence, not, in the strict
XV. legal sense, a reappointment barred under the
Constitution.
The President appointed Dexter I. Ty as
Chairperson of the COMELEC on June 14, Accordingly, the promotion of
2011 for a term of seven (7) years pursuant Commissioner Marikit to the position of
to the 1987 Constitution. His term of office Chairman of the COMELEC to replace
started on June 2, 2011 to end on June 2, Chairman Ty would appear to be not covered
2018. Subsequently, the President under said prohibition against
appointed Ms. Marikit as the third member reappointments in the Constitutional
of the COMELEC for a term of seven (7) Commissions.
years starting June 2, 2014 until June 2,
2021. On June 2, 2015, Chairperson Ty Moreover, consistent with
retired optionally after having served the jurisprudence on the matter, it would seem
government for thirty (30) years. The that said promotional appointment may be
President then appointed Commissioner considered valid by reason of the fact that the
Marikit as COMELEC Chairperson. The vacancy in Chairman Ty’s office arose from his
Commission on Appointments confirmed early retirement or resignation, and not the
her appointment. The appointment papers expiration of his term.
expressly indicate that Marikit will serve as
COMELEC Chairperson "until the However, considering that such
expiration of the original term of her office promotional appointments to vacancies
as COMELEC Commissioner or on June 2, resulting from certain causes are required to
2021." Matalino, a tax payer, files a petition only be for the unexpired portion of the term
for certiorari before the Supreme Court of the predecessor, and considering that,
asserting that the appointment of Marikit under the terms of his promotional
as COMELEC Chairperson is appointment, Commissioner Marikit would be
unconstitutional for the following reasons: allowed to serve as Chairman of the COMELEC
(1) The appointment of Marikit as beyond the expiration of the original term of
COMELEC Chairperson constituted a Chairman Ty in 2018, it is clear that his
reappointment which is proscribed by promotional appointment from Associate
Section 1 (2), Article IX of the 1987 Commissioner to Chairman of the COMELEC is
Constitution; and (2) the term of office invalid. (Funa v. Chairman, COA)
expressly stated in the appointment papers
of Marikit likewise contravenes the
aforementioned constitutional provision.
Sison, PKD.
XVI. COMELEC is under a legal duty to cancel the

COC of anyone suffering from perpetual
(1) Gandang Bai filed her certificate of special disqualification to run for public office
candidacy (COC) for municipal mayor by virtue of a final judgment of conviction.
stating that she is eligible to run for the said (Aratea v. COMELEC)
position. Pasyo Maagap, who also filed his
COC for the same position, filed a petition Gandang Bai should therefore be
to deny due course or cancel Bai's COC considered as never having been a candidate
under Section 78 of the Omnibus Election at all precisely because of his disqualification
Code for material misrepresentation as on the basis of the petition under Sec. 78 of the
before Bai filed her COC, she had already OEC on the ground of his perpetual
been convicted of a crime involving moral disqualification by reason of his crime
turpitude. Hence, she is disqualified involving moral turpitude.
perpetually from holding any public office
or from being elected to any public office. Accordingly, Gandang Bai, being a non-
Before the election, the COMELEC cancelled candidate, the votes cast in his favor should
Bai' s COC but her motion for not have been counted. This leaves Pasyo
reconsideration (MR) remained pending Maagap as the qualified candidate who
even after the election. Bai garnered the obtained the highest number of votes.
highest number of votes followed by Pasyo Therefore, the rule on succession under the
Maagap, who took his oath as Acting Mayor. LGC will not apply. (Aratea v. COMELEC)
Thereafter, the COMELEC denied Bai's MR
and declared her disqualified for running (2) How do you differentiate the petition
for Mayor. P. Maagap asked the filed under Section 68 from the petition
Department of Interior and Local filed under Section 78, both of the Omnibus
Government Secretary to be allowed to Election Code?
take his oath as permanent municipal
mayor. This request was opposed by Vice A: In addition to the rule cited above that a COC
Mayor Umaasa, invoking the rule on which is denied or cancelled under Sec. 78 of
succession to the permanent vacancy in the the OEC would make said COC void ab initio,
Mayor's office. Who between Pasyo Maagap the other basic distinctions between petitions
and Vice Mayor Umaasa has the right to for disqualification of candidates and petitions
occupy the position of Mayor? Explain your to reject or cancel certificates of candidacy are
answer. as follows –
A: Pasyo Maagap would be entitled to occupy Under Sec. 68 of the OEC, a candidate
the position of Mayor upon the disqualification may be disqualified if he commits any of the
of Gandang Bai on the basis of the petition to election offenses or prohibited acts specified
deny due course or cancel her COC under the therein, or if he is a permanent resident of or
provisions of Sec. 78 of the Omnibus Election an immigrant to a foreign country. On the
Code. other hand, under Sec. 78 of the same law, a
COC may be denied due course or cancelled if
The rule is that, when a candidate is found to be containing material
disqualified on the ground of ineligibility, his representations which are false and
COC shall by reason thereof be considered as deliberately made. These would include
void ab initio. A cancelled COC void ab initio misrepresentations as to age, residence,
cannot give rise to a valid candidacy, and much citizenship or non-possession of natural-born
less to valid votes (Bautista v. COMELEC). Even status, registration as a voter, and eligibility, as
without a petition under Sec. 78 of the OEC, the when one, although precluded from running
Sison, PKD.
for a fourth term because of the three-term review of economic legislation; and (3)
limit rule, claims to be nonetheless qualified, heightened or immediate scrutiny for
or when one claims to be eligible despite his evaluating classifications based on gender and
disqualification on the basis of an accessory legitimacy. (Mosqueda v. Pilipino Banana
penalty imposed on him in connection with his Growers and Exporters Association, Inc.)
conviction in a criminal case.
(2) Which of the three (3) levels of test
A petition for disqualification under should be applied to the present case?
Sec. 68 may be filed at any time after the last Explain.
day for filing of the COC but not later than the
candidate’s proclamation should he win in the A: It is submitted that the strict scrutiny test
elections, while a petition to deny due course should be applied in this case because the
to or cancel a COC under Sec. 78 must be filed challenged classification restricts the political
at any time not later than 25 days from the process. (Kabataan Party-List v. COMELEC)
time of the filing of the COC.
XVIII.
While a person who is disqualified
under Sec. 68 is merely prohibited to continue Around 12:00 midnight, a team of police
as a candidate, the person whose certificate is officers was on routine patrol in Barangay
cancelled or denied due course under Sec. 78 Makatarungan when it noticed an open
is not treated as a candidate at all. Thus, a delivery van neatly covered with banana
candidate disqualified under Sec. 68 may be leaves. Believing that the van was loaded
validly substituted but only by an official with contraband, the team leader flagged
candidate of his registered or accredited party. down the vehicle which was driven by
Hades. He inquired from Hades what was
XVII. loaded on the van. Hades just gave the
police officer a blank stare and started to
The Gay, Bisexual and Transgender Youth perspire profusely. The police officers then
Association (GBTYA), an organization of told Hades that they will look inside the
gay, bisexual, and transgender persons, vehicle. Hades did not make any reply. The
filed for accreditation with the COMELEC to police officers then lifted the banana leaves
join the forthcoming party-list elections. and saw several boxes. They opened the
The COMELEC denied the application for boxes and discovered several kilos of
accreditation on the ground that GBTY A shabu inside. Hades was charged with
espouses immorality which offends illegal possession of illegal drugs. After due
religious dogmas. GBTY A challenges the proceedings, he was convicted by the trial
denial of its application based on moral court. On appeal, the Court of Appeals
grounds because it violates its right to affirmed his conviction.
equal protection of the law.
In his final bid for exoneration, Hades went
(1) What are the three (3) levels of test that to the Supreme Court claiming that his
are applied in equal protection cases? constitutional right against unreasonable
Explain. searches and seizures was violated when
the police officers searched his vehicle
A: The three levels of tests that may be applied without a warrant; that the shabu
in equal protection cases are as follows: (1) the confiscated from him is thus inadmissible
strict scrutiny test, for laws dealing with in evidence; and that there being no
freedom of the mind or restricting the political evidence against him, he is entitled to an
process; (2) the rational basis standard for the acquittal.
Sison, PKD.
For its part, the People of the Philippines XIX.

maintains that the case of Hades involved a
consented warrantless search which is Pursuant to its mandate to manage the
legally recognized. The People adverts to orderly sale, disposition and privatization
the fact that Hades did not offer any protest of the National Power Corporation's (NPC)
when the police officers asked him if they generation assets, real estate and other
could look inside the vehicle. Thus, any disposable assets, the Power Sector Assets
evidence obtained in the course thereof is and Liabilities Management (PSALM)
admissible in evidence. started the bidding process for the
privatization of Angat Hydro Electric
Whose claim is correct? Explain. Power Plant (AHEPP). After evaluation of
the bids, K-Pop Energy Corporation, a
A: Hades is correct. He must be exonerated. South Korean Company, was the highest
bidder. Consequently, a notice of award
There was neither probable cause nor was issued to K-Pop. The Citizens' Party
valid consent to be searched which would questioned the sale arguing that it violates
justify the warrantless search and seizure the constitutional provisions on the
resulting in the discovery of the shabu hidden appropriation and utilization of a natural
under banana leaves in his open delivery van. resource which should be limited to
Filipino citizens and corporations which
The rule is that a valid warrantless are at least 60% Filipino-owned. The
search may generally be justified on the basis PSALM countered that only the
of a prior valid warrantless arrest, which hydroelectric facility is being sold and not
would be allowed in this case if Hades had the Angat Dam; and that the utilization of
been caught committing a crime in flagrante water by a hydroelectric power plant does
delicto. It must be noted that, when the team not constitute appropriation of water from
of police officers, who were merely on routine its natural source of water that enters the
patrol, approached Hades’ van, the same was intake gate of the power plant which is an
merely parked and Hades was then not artificial structure. Whose claim is correct?
committing any crime. Accordingly, said police Explain.
officers cannot be said to have then validly
arrested him without a warrant, as there could A: The claim of PSALM is correct.
have been no probable cause for the same.
(Antiquera v. People) Foreign ownership of a hydropower
facility is not prohibited under existing laws.
Neither can the warrantless search be The construction, rehabilitation and
justified on the basis of Hades’ alleged consent, development of hydropower plants are among
precisely because, when the police officers those infrastructure projects which even
asked if they could search his van, Hades wholly-owned foreign corporations are
merely gave the officers a blank stare and did allowed to undertake under the Amended
not make any reply. This hardly constitutes the Build-Operate-Transfer Law. (Initiatives for
consent required to make valid warrantless Dialogue and Empowerment through
searches and seizures. Said consent to be Alternative Legal Services, Inc. v. Power Sector
searched, to justify a warrantless search and Assets and Liabilities Management
seizure, must be made or given voluntarily, Corporation)
categorically, and unequivocally. (People v.
Aruta)
Sison, PKD.
XX. exercise the calling-out power. (Kulayan v.

Tan)
Typhoon Bangis devastated the Province of
Sinagtala. Roads and bridges were XXI
destroyed which impeded the entry of
vehicles into the area. This caused food The Partido ng Mapagkakatiwalaang
shortage resulting in massive looting of Pilipino (PMP) is a major political party
grocery stores and malls. There is power which has participated in every election
outage also in the area. For these reasons, since the enactment of the 1987
the governor of the province declares a Constitution. It has fielded candidates
state of emergency in their province mostly for legislative district elections. In
through Proclamation No. 1. He also fact, a number of its members were elected,
invoked Section 465 of the Local and are actually serving, in the House of
Government Code of 1991 (R.A. No. 7160) Representatives. In the coming 2016
which vests on the provincial governor the elections, the PMP leadership intends to
power to carryout emergency measures join the party-list system.
during man-made and natural disasters
and calamities, and to call upon the Can PMP join the party-list system without
appropriate national law enforcement violating the Constitution and Republic Act
agencies to suppress disorder and lawless (R.A.) No. 7941?
violence. In the same proclamation, the
governor called upon the members of the A: Yes, the PMP can join the party-list system
Philippine National Police, with the without violating the Constitution and the
assistance of the Armed Forces of the provisions of R.A. 7941.
Philippines, to set up checkpoints and
chokepoints, conduct general searches and Political parties can participate in
seizures including arrests, and other party-list elections provided they register
actions necessary to ensure public safety. under the party-list system and do not field
Was the action of the provincial governor candidates in legislative district elections. A
proper? Explain. political party, whether major or not, that
fields candidates in legislative district
A: The action of the provincial governor is not elections can participate in party-list elections
correct. only through its sectoral wing that can
separately register under the party-list
A provincial governor, may not validly system. The sectoral wing is by itself an
issue a proclamation calling upon the PNP and independent sectoral party, and is linked to a
the AFP to set up checkpoints and choke political party through a coalition. (Atong
points, conduct general search and seizures Paglaum, Inc. v. COMELEC)
including arrests, and other actions necessary
to ensure public safety, by reason of the XXII
typhoon and on the basis merely of a general
provision in the Local Government Code The President appoints Emilio Melchor as
entitling him to carry out emergency measures Chairperson of the Civil Service
during man-made and natural disasters and Commission. Upon confirmation of
calamities, and to call upon the appropriate Melchor's appointment, the President
national law enforcement agencies to issues an executive order including him as
suppress disorder and lawless violence. It is Ex-Officio member of the Board of Trustees
only the President who is authorized to of the Government Service Insurance
System (GSIS), Employees Compensation
Sison, PKD.
Commission (ECC), and the Board of 2016

Directors of the Philippine Health
Insurance Corporation (PHILHEALTH). I.
Allegedly, this is based on the
Administrative Code of 1997 (E.O. No. 292), The contents of the vault of ABC company
particularly Section 14, Chapter 3, Title I-A, consisting of cash and documents were
Book V. This provision reads: "The stolen. Paulyn, the treasurer of ABC, was
chairman of the CSC shall be a member of invited by the Makati City Police
the Board of Directors of other governing Department to shed light on the amount of
bodies of government entities whose cash stolen and the details of the missing
functions affect the career development, documents. Paulyn obliged and
employment, status, rights, privileges, and volunteered the information asked. Later,
welfare of government officials and Paulyn was charged with qualified theft
employees... " A taxpayer questions the together with other suspects. Paulyn
designation of Melchor as ex-officio claims her rights under the Constitution
member of the said corporations before the and pertinent laws were blatantly violated.
Supreme Court based on two (2) grounds, The police explained that they were just
to wit: (1) it violates the constitutional gathering evidence when Paulyn was
prohibition on members of the invited for a conference and she was not a
Constitutional Commissions to hold any suspect at that time. Rule on her defense.
other office or employment during his
tenure; and (2) it impairs the A: Her defense is tenable.
independence of the CSC. Will the petition
prosper? Explain. She can be considered as having made
admissions without being informed of her
A: The petition should be granted. The EO is rights to remain silent and to have competent
unconstitutional. and independent counsel during a custodial
investigation.
It is violative of the strict prohibition
under Sec. 2, Art. IX-A of the Constitution, According to R.A. 7438, a custodial
which prescribes that no Member of a investigation shall include the practice of
Constitutional Commission shall, during his issuing an invitation to a person who is
tenure, hold any other office or employment. investigated in connection with an offense he
is suspected to have committed, without
Apart from violating this prohibition prejudice to the liability of the inviting officer
against holding multiple offices, Melchor’s for any violation of the law.
designation as a member of the governing
board of GSIS, PhilHealth and the ECC impairs The circumstances surrounding
the independence of the CSC. Paulyn’s questioning, and her eventual
admission made, at the police station fall
Under Sec. 17, Art. VII of the within this definition of custodial
Constitution, the President exercises control investigation. It can be said and considered
over all government offices in the Executive that she would not have been invited to the
Branch. An office that is legally not under the police station if she had not been suspected of
control of the President is not part of the committing the theft. (Lopez v. People)
Executive Branch. (Funa v. Chairman, CSC)
Sison, PKD.
II. III.
Sec. 11, Art. XII of the Constitution, A law converted the component city of
provides: "No franchise, certificate or any Malumanay, Laguna into a highly
other form of authorization for the urbanized city. The Local Government Code
operation of a public utility shall be (LGC) provides that the conversion "shall
granted except to citizens of the take effect only after it is approved by the
Philippines or to corporations or majority of votes cast in a plebiscite to be
associations organized under the laws of held in the political units directly affected."
the Philippines at least sixty per centum of
whose capital is owned by such citizens xx Before the COMELEC, Mayor Xenon of
x." Does the term "capital" mentioned in Malumanay City insists that only the
the cited section refer to the total common registered voters of the city should vote in
shares only, or to the total outstanding the plebiscite because the city is the only
capital stock, or to both or "separately to political unit directly affected by the
each class of shares, whether common, conversion. Governor Yuri asserts that all
preferred non-voting, preferred voting or the registered voters of the entire province
any class of shares?" Explain your answer. of Laguna should participate in the
plebiscite, because when the LGC speaks of
A: The term capital in Sec. 11, Art. XII of the the "qualified voters therein," it means all
Constitution refers only to shares of stock the voters of all the political units affected
entitled to vote in the election of directors, and by such conversion, and that includes all
thus only to common shares, and not to the the voters of the entire province. He argues
total outstanding capital stock comprising that the income, population and area of
both common and non-voting preferred Laguna will be reduced. Who, between
shares. (Gamboa v. Finance Secretary) Mayor Xenon and Governor Yuri, is
correct? Explain your answer.
Since the constitutional requirement
of at least 60% Filipino ownership applies not A: Governor Yuri is correct, The registered
only to voting control of the corporation but voters of the entire province of Laguna should
also the beneficial ownership of the participate in the plebiscite.
corporation, it is therefore imperative that
such requirement apply uniformly and across In identifying the LGU that should be
the board to all classes of shares, regardless of allowed to take part in the plebiscite, what
nomenclature and category, comprising the should primarily be determined is whether or
capital of a corporation. not the unit or units that desire to participate
will be directly affected by the change. (Tan v.
The Constitution expressly declares as COMELEC)
State policy the development of an economy
effectively controlled by Filipinos. Consistent In view of the changes in the economic
with such State policy, the Constitution and political rights of the province of Laguna
explicitly reserves the ownership and and its residents, the entire province certainly
operation of public utilities to PH nationals, stands to be directly affected by the
who are defined in the Foreign Investments conversion of Malumanay City into a highly
Act of 1991 as Filipino citizens, or urbanized city.
corporations or associations at least 60% of
whose capital with voting rights belongs to Among such changes would be that it
Filipinos. (Heir of Wilson Gamboa v. Finance shall no longer be subject to provincial
Secretary) oversight because the complex and varied
Sison, PKD.
problems in a highly urbanized city due to a of intergenerational responsibility insofar as

bigger population and greater economic the right to balanced and healthful ecology is
activity require greater autonomy and it will concerned.
result in the reduction of the Internal Revenue
Allotment (IRA) to the province based on Sec. [b] In its decision which attained finality,
285 of the LGC. the Court ordered the defendants to clean
up, rehabilitate and sanitize Manila Bay
Accordingly, all the qualified within eighteen (18) months, and to submit
registered voters of Laguna should then be to the Court periodic reports of their
allowed to participate in the plebiscite called accomplishment, so that the Court can
for that purpose. (Umali v. COMELEC) monitor and oversee the activities
undertaken by the agencies in compliance
IV. with the Court's directives. Subsequently, a
resolution was issued extending the time
Several concerned residents of the areas periods within which the agencies should
fronting Manila Bay, among them a group comply with the directives covered by the
of students who are minors, filed a suit final decision. A view was raised that the
against the Metro Manila Development · Court's continued intervention after the
Authority (MMDA), the Department of case has been decided violates the doctrine
Environment and Natural Resources of separation of powers considering that
(DENR), the Department of Health (DOH), the government agencies all belong to the
the Department of Agriculture (DA), the Executive Department and are under the
Department of Education (DepEd), the control of the President. Is this contention
Department of Interior and Local correct? Why or why not?
Government (DILG), and a number of other
executive agencies, asking the court to A: The contention is not correct. The court’s
order them to perform their duties relating intervention after the case has been decided
to the cleanup, rehabilitation and does not violate the doctrine of separation of
protection of Manila Bay. The complaint powers.
alleges that the continued neglect by
defendants and their failure to prevent and Judicial power covers the continuing
abate pollution in Manila Bay constitute a authority of the SC to enforce its final decisions
violation of the petitioners' constitutional because the execution of its decisions is but an
right to life, health and a balanced ecology. integral part of its adjudicative function.
Accordingly, it may issue a writ of continuing
[a] If the defendants assert that the mandamus to ensure compliance with its
students/petitioners who are minors do decision. (MMDA v. Concerned Residents of
not have locus standi to file the action, is Manila Bay)
the assertion correct? Explain your answer.
The issuance of subsequent
A: The assertion would not be correct. resolutions by the Court is simply an exercise
of judicial power under Art. VIII of the
As held by the Supreme Court in Oposa Constitution, because the execution of the
v. Factoran, petitioners, though they be or are Decision is but an integral part of the
minors, can, for themselves, and even for adjudicative function of the Court. With the
others of their generation and for the final and executory judgment in MMDA, the
succeeding generations, file the suit. Their writ of continuing mandamus issued means
personality to sue in behalf of the succeeding that until petitioner-agencies have shown full
generations can only be based on the concept compliance with the Court’s orders, the Court
Sison, PKD.
exercises continuing jurisdiction over them reaches the delegate, it will have nothing to do
until full execution of the judgment. (MMDA v. but enforce it.
Concerned Residents of Manila Bay)
Under the sufficient standard test, the law
The writ of continuing mandamus must specify the limits of the delegate’s
permits the court to retain jurisdiction after authority. The legislative policy must be
judgment in order to ensure the successful announced and specify the conditions under
implementation of the reliefs mandated under which it is to be implemented. (Abakada Guro
the court’s decision and, in order to do this, the Party List v. Ermita)
court may compel the submission of
compliance reports from the respondent [b] Does the assailed portion of section 8 of
government agencies as well as avail of other PD 910 hurdle the two (2) tests?
means to monitor compliance with its
decision. (Boracay Fondation Inc. v. Province A; No, the assailed portion of sec. 8 of PD 910
of Aklan) cannot be considered as compliant with both
tests.
V.
The phrase and for such other
Section 8 of P.D. No. 910, entitled "Creating purposes as may be hereafter directed by the
an Energy Development Board, defining its President under Sec. 9 of PD 910 constitutes
powers and functions, providing funds an undue delegation of legislative power
therefor and for other purposes," provides insofar as it does not lay down a sufficient
that: "All fees, revenues and receipts of the standard to adequately determine the limits of
Board from any and all sources x x x shall the President’s authority with respect to the
form part of a Special Fund to be used to purpose for which the Malampaya Funds may
finance energy resource development and be used. (Belgica v. Exec. Secretary)
exploitation programs and projects of the
government and for such other purposes as VI.
may be hereafter directed by the
President." Pornographic materials in the form of
tabloids, magazines and other printed
The Malampaya NGO contends that the materials, proliferate and are being sold
provision constitutes an undue delegation openly in the streets of Masaya City. The
of legislative power since the phrase "and City Mayor organized a task force which
for such other purposes as may be confiscated these materials. He then
hereafter directed by the President" gives ordered that the materials be burned in
the President unbridled discretion to public. Dominador, publisher of the
determine the purpose for which the funds magazine, "Plaything", filed a suit, raising
will be used. On the other hand, the the following constitutional issues: (a) the
government urges the application confiscation of the materials constituted an
of ejusdem generis. illegal search and seizure, because the
same was done without a valid search
[a] Explain the "completeness test" and warrant; and (b) the confiscation, as well as
"sufficient standard test." the proposed destruction of the materials,
is a denial of the right to disseminate
A: The completeness test requires the law to information, and thus, violates the
be complete in all its terms and conditions constitutional right to freedom of
when it leaves the legislature so that when it expression. Is either or both contentions
proper? Explain your answer.
Sison, PKD.
A: The contention regarding the need for a jurisprudence was an illegal search; thus,
valid search warrant is proper. the gun which was seized in the course of
an illegal search is the "fruit of the
The summary confiscation of the poisonous tree" and is inadmissible in
subject materials could not have been done evidence.
summarily. A search warrant must have first
been issued after a judge shall have been b] The arrest made as a consequence of the
convinced of the existence of probable cause invalid search was likewise illegal, because
that the materials sought to be seized were an unlawful act (the search) cannot be
indeed obscene. (Pita v. CA) made the basis of a lawful arrest.
On the assumption, however, that the Rule on the correctness of the foregoing
seizure of said materials was lawfully done, arguments, with reasons.
the proposed destruction of the subject
materials may be allowed in accordance with A:
the provisions of Sec. 2 of PD No. 969, which
authorize the forfeiture and destruction of a. The search was unlawful having been
pornographic materials involved in the made in connection with an unlawful
violation of Art. 201 of the RPC and would not arrest based on a simple traffic
constitute a violation of the constitutional violation. Under R.A 4136, or the Land
right to freedom of expression. (Nogales v. Transportation and Traffic Code, the
People) general procedure for dealing with a
traffic violation is not the arrest of the
VII. offender (Luz v. People)
Ernesto, a minor, while driving a motor It is established that there can be a

vehicle, was stopped at a mobile valid warrantless search incidental to
checkpoint. Noticing that Ernesto is a an arrest only if the warrantless were,
minor, SPOl Jojo asked Ernesto to exhibit to begin with, lawful. (People v. Chua
his driver's license but Ernesto failed to Ho San)
produce it. SPOI Jojo requested Ernesto to
alight from the vehicle and the latter b. The arrest was unlawful because it
acceded. Upon observing a bulge in the was made after the unlawful search.
pants of Ernesto, the policeman frisked him There must first be a lawful arrest
and found an unlicensed .22-caliber pistol before a search can be made – the
inside Ernesto's right pocket. Ernesto was process cannot be reversed. (People v.
arrested, detained and charged. At the trial, Chua Ho San)
Ernesto, through his lawyer, argued that,
policemen at mobile checkpoints are VIII.
empowered to conduct nothing more than
a ''visual search". They cannot order the A law is passed intended to protect women
persons riding the vehicle to alight. They and children from all forms of violence.
cannot frisk, or conduct a body search of When a woman perceives an act to be an act
the driver or the passengers of the vehicle. of violence or a threat of violence against
her, she may apply for a Barangay
Ernesto's lawyer thus posited that: Protection Order (BPO) to be issued by the
Barangay Chairman, which shall have the
[a] The search conducted in violation of the force and effect of law. Conrado, against
Constitution and established whom a BPO had been issued on petition of
Sison, PKD.
his wife, went to court to challenge the and ordinances and to maintain public
constitutionality of the law. He raises the order in the barangay. It is not
following grounds: violative of the principle of delegation.
(Gracia v. Drilon)
[a] The law violates the equal protection
clause, because while it extends protection IX.
to women who may be victims of violence
by their husbands, it does not extend the The Government, through Secretary
same protection to husbands who may be Toogoody of the Department of ·
battered by their wives. Transportation (DOTr), filed a complaint
for eminent domain to acquire a 1,000-
[b] The grant of authority to the Barangay hectare property in Bulacan, owned by
Chairman to issue a Barangay Protection Baldomero. The court granted the
Order (BPO) constitutes an undue expropriation, fixed the amount of just
delegation of judicial power, because compensation, and installed the
obviously, the issuance of the BPO entails Government in full possession of the
the exercise of judicial power. property.
Rule on the validity of the grounds raised [a] If the Government does not immediately
by Conrado, with reasons. pay the amount fixed by the court as just
compensation, can Baldomero successfully
A: demand the return of the property to him?
Explain your answer.
a. The law is based on a valid
classification It does not violate the A: Baldomero cannot be allowed to demand
equal protection clause by favoring the return of the property.
women over men as victims of
violence and abuse to whom the State The non-filing of the case for
extends its protection because the expropriation or delayed payment of just
unequal power relationship between compensation will not necessarily lead to the
women and men; the fact that women return of the property to the landowner. What
are more likely than men to be victims is left to the landowner is the right of
of violence; and the widespread compensation. (Forfom Development
gender bias and prejudice against Corporation v. Philippine National Railways)
women all make for real differences
justifying the classification under the [b] If the Government paid full
law. (Garcia v. Drilon) compensation but after two years it
b. The issuance of a Barangay Protection abandoned its plan to build an airport on
Order by the Punong Barangay or, in the property, can Baldomero compel the
his unavailability, by any available Government to re-sell the property back to
Barangay Kagawad, merely orders the him? Explain your answer.
perpetrator to desist from (a) causing
physical harm to the woman or her A: Yes, it may be obliged to reconvey the
child; and (b) threatening to cause the property it had expropriated but never used
woman or her child physical harm. on condition that the landowners would
Such function of the Punong Barangay return the just compensation they received,
is, thus, purely executive in nature, in plus interest. (Mactan Cebu International
pursuance of his duty under the Local Airport Authority v. Tudtud)
Government Code to enforce all laws
Sison, PKD.
X. any subject, like that involving political issues,

to be in the form of, and ratified as, a treaty.
The Philippines entered into an
international agreement with members of What the Constitution merely
the international community creating the prescribes is that treaties need the
International Economic Organization (IEO) concurrence of the Senate by a vote defined
which will serve as a forum to address therein to complete the ratification process.
economic issues between States, create The right of the Executive to enter into binding
standards, encourage greater volume of agreements without the necessity of
trade between its members, and settle subsequent Congressional approval has been
economic disputes. After the Philippine confirmed by long usage. From the earliest
President signed the agreement, the days of our history, we have entered executive
Philippine Senate demanded that the agreements covering such subjects as
international agreement be submitted to it commercial and consular relations, most
for its ratification. The President refused, favored-nation rights, patent rights,
arguing that it is an executive agreement trademark and copyright protection, postal
that merely created an international and navigation arrangements, and the
organization and it dwells mainly on settlement of claims. The validity of these has
addressing economic issues among States. never been seriously questioned by our courts.
(Bayan Muna v. Romulo)
Is the international agreement creating the
IEO a treaty or an executive agreement? XI.
Explain.
The USS Liberty, a warship of the United
A: It is submitted that the international States (U.S.), entered Philippine
agreement creating the International archipelagic waters on its way to Australia.
Economic Organization can be considered as Because of the negligence of the naval
an executive agreement, which therefore need officials on board, the vessel ran aground
not be submitted to the Senate for its off the island of Pala wan, damaging coral
concurrence. reefs and other marine resources in the
area. Officials of Palawan filed a suit for
There are no hard and fast rules on the damages against the naval officials for their
propriety of entering, on a given subject, into a negligence, and against the U.S., based on
treaty or an executive agreement as an Articles 30 and 31 of the United Nations
instrument of international relations. The Convention on the Law of the Sea
primary consideration in the choice of the (UNCLOS). Article 31 provides that the Flag
form of agreement is the parties’ intent and State shall bear international
desire to craft an international agreement in responsibility for any loss or damage to the
the form they so wish to further their Coastal State resulting from
respective interests. Verily, the matter of form noncompliance by a warship with the laws
takes a back seat when it comes to and regulations of the coastal State
effectiveness and binding effect of the concerning passage through the territorial
enforcement of a treaty or an executive sea. The U. S. Government raised the
agreement, as the parties in either defenses that:
international agreement each labor under the
pacta sunt servanda principle. Save for the [a] The Philippine courts cannot exercise
situation and matters contemplated in Sec. 25, jurisdiction over another sovereign State,
Art. XVIII of the Constitution when a treaty is including its warship and naval officials.
required, the Constitution does not classify
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[b] The United States is not a signatory to "Sec. 36. Authorized drug testing. xx x The
UN CLOS and thus cannot be bound by its following shall be subjected to undergo
provisions. drug testing: xx x
Rule on the validity of the defenses raised c. Students of secondary and

by the U.S., with reasons. tertiary schools x x x;
A: d. Officers and employees of public

and private offices x x x;
a. The defense that the Philippine courts
cannot exercise jurisdiction over f. All persons charged before the
another sovereign State, including its prosecutor's office with a criminal
warship and naval officials, is not offense having an imposable
entirely valid. imprisonment of not less than 6
years and 1 day;"
Although it may be considered as
immune from suits for damages, like Petitioners contend that the assailed
the one presented in the problem, the portions of Sec. 36 are unconstitutional for
Visiting Forces Agreement, which is an violating the right to privacy, the right
agreement which defines the against unreasonable searches and
treatment of United States troops and seizures and the equal protection clause.
personnel visiting the PH to promote Decide if the assailed provisions are
common security interests between unconstitutional.
the US and the PH in the region,
provides for a waiver of immunity with A: The law, as applied to students and
respect to out exercise of our criminal employees, is constitutional but
jurisdiction. (Arigo v. Swift) unconstitutional as applied to persons
charged before the public prosecutor’s office
b. It is submitted that the US can be with criminal offenses punishable with 6 years
considered as bound by the provisions and 1 day of imprisonment.
of the UNCLOS despite the fact that it is
not a signatory to the same. Students essentially waive their right
to privacy when they enroll in a school. Indeed,
Although the US to date has not ratified it is within the prerogative of educational
the UNCLOS, as a matter of long- institutions to require, as a condition for
standing policy, the US considers itself admission, compliance with reasonable rules
bound by customary international and regulations and policies. Authorities are
rules or the traditional uses of the agreed though that the right to privacy yields
oceans as codified in the UNCLOS. Said to certain paramount rights of the public and
customary international rules can, defers to the state’s exercise of police power.
because of their nature, be considered
as binding upon all states. (Arigo v. Employees have been considered as
Swift) having a reduced expectation of privacy. Based
on the compelling state concern likely to be
XII. met by the search, and the well-defined limits
set forth in the law to properly guide
Paragraphs c, d and f of Section 36 of authorities in the conduct of the random
Republic Act No. 9165 provide: testing, the challenged drug test requirement
is, under the limited context of the case,
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reasonable and, ergo, constitutional. [a] Characterize the appointments,

Moreover, civil servants, are, by constitutional whether permanent or temporary; and
command, required to be accountable at all whether regular or interim, with reasons.
times to the people and to serve them with
utmost responsibility and efficiency. A: The appointments of Antero as Secretary of
the Department of Tourism, Clodualdo as
However, with respect to persons Chairman of the CSC, and Emmanuel as
charged before the public prosecutor’s office Philippine ambassador to Cameroon are ad
with criminal offenses punishable with 6 years interim and permanent. (Matibag v. Benipayo)
and 1 day imprisonment, a mandatory drug
testing can never be random. The idea of The appointments of Benito as
randomness are antithetical to their being Commissioner of Bureau of Immigration and
made defendants in a criminal complaint. They Dexter as Chairman of the Commission on
are not randomly picked; neither are they Human Rights are permanent and regular.
beyond suspicion. When persons suspected of (Sarmiento and Arcilla v. Mison)
committing a crime are charged, they are
singled out and are impleaded against their [b] A civil society group, the Volunteers
will. The persons thus charged, by the bare fact Against Misguided Politics (VAMP), files
of being haled before the prosecutor’s office suit, contesting the legality of the acts of the
and peaceably submitting themselves to drug appointees and claiming that the
testing, if that be the case, do not necessarily appointees should not have entered into
consent to the procedure, let alone waive their the performance of the functions of their
right to privacy. To impose mandatory drug respective offices, because their
testing on the accused is a blatant attempt to appointments had not yet been confirmed
harness a medical test as a tool for criminal by the Commission on Appointments. Is
prosecution, contrary to the stated objectives this claim of VAMP correct? Why or why
of R.A. 9165. Drug testing in this case would not?
violate a persons’ right to privacy guaranteed
under Sec. 2, Art. III of the Constitution. Worse A: The claim or contention of VAMP is not
still, the accused persons are veritably forced correct.
to incriminate themselves. (Social Justice
Society v. Dangerous Drugs Board) Ad interim appointments are
immediately effective and continue to be
XIII. effective upon approval, or until disapproval
by the Commission on Appointments or until
While Congress was not in session, the the next adjournment of the Congress. (Art. 7,
President appointed Antero as Secretary of Sec. 16, Const.)
the Department of Tourism (DOT), Benito
as Commissioner of the Bureau of The appointments of Benito as
Immigration (BI), Clodualdo as Chairman Commissioner of Bureau of Immigration and
of the Civil Service Commission (CSC), Dexter as Chairman of the CHR being
Dexter as Chairman of the Commission on permanent and regular, they could have
Human Rights (CHR), and Emmanuel as validly assumed their offices immediately, as
Philippine Ambassador to Cameroon. The their appointments are not required to be
following day, all the appointees took their confirmed by the Commission on
oath before the President, and commenced Appointments. (Sarmiento and Arcilla v.
to perform the functions of their respective Mison)
offices.
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XIV. A: The Petition to Deny Due Course or to

Cancel the COC against Onofre can be based on
Onofre, a natural born Filipino citizen, the ground of his having deliberately made a
arrived in the United States in 1985. In false material misrepresentation as to his
1990, he married Salvacion, a Mexican, and eligibility to be such a candidate with respect
together they applied for and obtained to his residence, as it would appear that he re-
American citizenship in 2001. In 2015, the established his residence, as it would appear
couple and their children --Alfred, 21 years that he re-established his residence in the
of age, Robert, 16, and Marie, 14, who were Philippines only on June 1, 2015, and cannot
all born in the U.S. -- returned to the be considered as having resided here for at
Philippines on June 1, 2015. On June 15, least a year when he filed his COC some five
2015, informed that he could reacquire months later on Oct. 28, 2015. (Caballero v.
Philippine citizenship without losing his COMELEC)
American citizenship, Onofre went home to
the Philippines and took the oath of A second ground on which said
allegiance prescribed under R.A. No. 9225. Petition can be based would be having his
On October 28, 2015, he filed a Certificate deliberately made a false material
of Candidacy to run in the May 9, 2016 misrepresentation as to his eligibility to be
elections for the position of Congressman such a candidate with respect to his
in his home province of Pala wan, running citizenship. While he may have taken his oath
against re-electionist Congressman of allegiance prescribed under R.A No. 9225, it
Profundo. does not appear that he had renounced his
American citizenship, which he retained
[a] Did Onofre's reacquisition of Philippine despite that oath of allegiance. He is therefore
citizenship benefit his wife, Salvacion, and a dual citizen and would not be eligible for
their minor children and confer upon them election as a Congressman, consistent with the
Filipino citizenship? Explain your answer. provisions of Art. VI, Sec. 6 of the Constitution,
which requires natural-born citizenship for
A: It is submitted that Salvacion can be members of the House of Representatives, and
considered as a Filipino citizen pursuant to the Sec. 18 of Art. XI of the Constitution, which
provisions of Sec. 15 of C.A. No. 473. provides that public officers and employees
owe the State and the Constitution allegiance
Robert and Marie, Onofre’s minor at all times. (Jacot v. Dal)
children, can be considered as having been
conferred with Philippine citizenship. This XV.
would be consistent with Sec. 4 of R.A. No.
9225, which provides that the unmarried Congress passed a bill appropriating PlOO-
child, whether, legitimate, illegitimate or billion. Part of the money is to be used for
adopted, below eighteen years of age, of those the purchase of a 200-hectare property in
who re-acquire Philippine citizenship shall Antipolo. The rest shall be spent for the
likewise be deemed citizens of the Philippines. development of the area and the
construction of the Universal Temple for
[b] Before the May 9, 2016 elections, All the World's Faiths (UTAW-F). When
Profundo's lawyer filed a Petition to Deny completed, the site will be open, free of
Due Course or to Cancel the Certificate of charge, to all religions, beliefs, and faiths,
Candidacy against Onofre. What grounds where each devotee or believer shall be
can he raise in his Petition to support it? accommodated and treated in a fair and
Explain your answer. equal manner, without distinction, favor,
or prejudice. There will also be individual
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segments or zones in the area which can be directly with the prosecutor involving an
used for the conduct of whatever rituals, offense punishable by imprisonment of
services, sacraments, or ceremonials that less than four (4) years, two (2) months and
may be required by the customs or one (1) day, the procedure outlined in Sec.
practices of each particular religion. The 3(a) of this Rule shall be observed. The
President approved the bill, happy in the Prosecutor shall act on the complaint
thought that this could start the healing within ten (10) days from its filing."
process of our wounded country and
encourage people of varied and On the other hand, Sec. 3(a) of Rule 112
oftenconflicting faiths to live together in provides: "(a) The complaint shall state the
harmony and in peace. address of the respondent and shall be
accompanied by affidavits of the
If the law is questioned on the ground that complainant and his witnesses as well as
it violates Sec. 5, Article III of the other supporting documents to establish
Constitution that "no law shall be made probable cause. x x x"
respecting an establishment of religion or
prohibiting the free exercise thereof," how Since Sec. 8(a) authorizes the Prosecutor to
will you resolve the challenge? Explain. decide the complaint on the basis of the
affidavits and other supporting documents
A: I will consider the law as violative of Sec. 5 submitted by the complainant, Prosecutor
of Art. III of the Constitution. Tristan did not notify Art nor require him
to submit a counter-affidavit. He proceeded
The establishment clause principally to file the Information against Art with the
prohibits the State from sponsoring any Metropolitan Trial Court. Art vehemently
religion or favoring any religion as against assails Sec. 8(a) of Rule 112 as
other religions. It mandates a strict neutrality unconstitutional and violative of due
in affairs among religious groups. Essentially, process and his rights as an accused under
it prohibits the establishment of a state the Constitution for he was not informed of
religion and use of public resources for the the complaint nor was he given the
support or prohibition of a religion. (Imbong v. opportunity to raise his defenses thereto
Ochoa) before the Information was filed. Rule on
the constitutionality of Sec. 8(a) of Rule
The state cannot set up a church; nor 112. Explain.
pass laws which aid one religion, aid all
religion, or prefer one religion over another. A: It is submitted that Sec. 8(a) of Rule 112 is
(Everson v. Board of Education) constitutional.
XVI. The constitutional due process

requirements are not applicable to
Jojo filed a criminal complaint against Art preliminary investigations which are
for theft of a backpack worth P150.00 with creations of statutory law giving rise to mere
the Office of the City Prosecutor of Manila. statutory rights. A law can even abolish
The crime is punishable with arresto preliminary investigations without running
mayor to prision correccional in its afoul with the constitutional requirements of
minimum period, or not to exceed 4 years due process. (Estrada v. Office of the
and 2 months. The case was assigned to Ombudsman)
Prosecutor Tristan and he applied Sec. 8(a)
of Rule 112 which reads: "(a) If filed with
the prosecutor. - If the complaint is filed
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XVII. term in each of the following situations: (a)

ifthe official is a Vice-Mayor who assumed
[a] Define the archipelagic doctrine of the position of Mayor for the unexpired
national territory, state its rationale; and term under the Local Government Code; (b)
explain how it is implemented through the if the official has served for three
straight baseline method. consecutive terms and did not seek a 4th
term but who won in a recall election; (c) if
A: The Archipelago Doctrine provides that the the position of Mayor of a town is abolished
outermost points of an archipelago are due to conversion of the town to a city; (d)
connected with straight baselines and all if the official is preventively suspended
waters enclosed thereby are to be considered during his term but was exonerated; and
as internal waters. The entire archipelago be (e) if the official is proclaimed as winner
considered as internal waters. The entire and assumes office but loses in an election
archipelago is regarded as one integrated unit protest.
instead of being fragmented into so many
thousand islands. Under our Constitution, it is A:
provided that the waters around, between and
connecting the islands of the archipelago, (a) The three-term limit rule is inapplicable to
regardless of their breadth and dimensions, the Vice-Mayor because the interruption in his
form part of the internal waters of the term when he assumed the position of Mayor
Philippines. would be involuntary. (Montebon v.
COMELEC)
[b] Section 2 of RA 9522 declared the
Kalayaan Island Group (KIG) and (b) The three-term limit rule is likewise
Scarborough Shoal as "Regimes of Islands." inapplicable to the official who has served for
Professor Agaton contends that since the three consecutive terms and did not seek a
law did not enclose said islands, then the fourth term but won in a recall election
Philippines lost its sovereignty and because there would have been an involuntary
jurisdiction over them. Is his contention interruption in his terms after his third term
correct? Explain. (Adormeo v. COMELEC)
A: His contention is not correct. (c) The three-term limit rule would be
applicable against the Mayor of a town which
The Kalayaan Islands and the is abolished due to the conversion of the town
Scarborough Shoal have been constituted to a city because the abolition of an elective
under the subject law as Regime of Islands office due to the conversion of a municipality
under the Republic of the Philippines to a city does not, by itself, work to interrupt
consistent with Art. 121 of UNCLOS. They are the incumbent official’s continuity of service.
therefore subject to the continuing authority, (Latasa v. COMELEC)
or sovereignty and jurisdiction, of the
Philippines. (d) The three-term limit rule is also
inapplicable to the official who has been
XVIII. placed under preventive suspension during
his term because a preventive suspension is
Sec. 8, Article X of the 1987 Constitution not an interruption. (Aldovino v. COMELEC)
provides that no elective official shall serve
for more than three (3) consecutive terms. (e) The three-term limit rule is finally
Rule and explain briefly the reason if the inapplicable to the official who is proclaimed
official is prohibited to run for another as winner and assumes office but loses in an
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election contest because hiss term is morality based on religion, provided it does
interrupted when he loses said election not offend compelling state interests. (Estrada
protest and is ousted from office, thus v. Escritor)
disenabling him from serving what would
otherwise be the unexpired portion of his term XX.
had the protest been dismissed. (Lonzanida v.
COMELEC) Under Sec. 5, Article VIII of the
Constitution, the Supreme Court shall have
XIX. the power to "promulgate rules concerning
the protection and enforcement of
Fernando filed an administrative constitutional rights, pleading, practice
complaint against his co-teacher, Amelia, and procedure in all courts xxx." Section 23
claiming that the latter is living with a of R.A. No. 9165 or the Comprehensive
married man who is not her husband. Dangerous Drugs Act of 2002 provides that
Fernando charged Amelia with committing "any person charged under any provision
"disgraceful and immoral conduct" in of this Act regardless of the imposable
violation of the Revised Administrative penalty shall not be allowed to avail of the
Code and, thus, should not be allowed to provision on plea-bargaining." Patricio, a
remain employed in the government. user who was charged with alleged sale of
Amelia, on the other hand, claims that she shabu but who wants to enter a plea of guilt
and her partner are members of a religious to a charge of possession, questions the
sect that allows members of the constitutionality of Sec. 23 on the ground
congregation who have been abandoned by that Congress encroached on the rule-
their respective spouses to enter marital making power of the Supreme Court under
relations under a "Declaration of Pledging Sec. 5, Article VIII. He argues that plea-
Faithfulness." Having made such bargaining is procedural in nature and is
Declaration, she argues that she cannot be within the exclusive constitutional power
charged with committing immoral conduct of the Court. Is Patricio correct? Explain
for she is entitled to free exercise of your answer.
religion under the Constitution.
A: It is submitted that Patricio is correct.
[a] Is Amelia administratively liable? State
your reasons briefly. Said Sec. 23, of R.A. No. 9165 is
unconstitutional, constituting as it does an
A: Amelia is not administratively liable. unlawful encroachment by the Congress into
the exclusive rule-making authority of the
Her conjugal arrangement cannot be Supreme Court under Art. VIII, Sec. 5(5) of the
penalized as she has made out a case for Constitution.
exemption from the law based on he
fundamental right of religion. (Estrada v> The Supreme Court’s sole prerogative
Escritor) to issue, amend, or repeal procedural rules is
limited to the preservation of substantive
[b] Briefly explain the concept of rights, i.e., the former should not diminish,
“benevolent neutrality.” increase or modify the latter. Substantive law
is that part of the law which creates, defines
A: The concept of benevolent neutrality gives and regulates rights, or which regulates the
room for accommodation of religious right and duties which give rise toa cause of
exercises as required by the Free Exercise action; that part of the law which courts are
Clause. It could allow for accommodation of established to administer; as opposed to
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adjective or remedial law, which prescribes through initiative upon a petition of at least
the method of enforcing rights or obtain twelve per centum of the total number of
redress for their invasions. registered voters, of which every legislative
district must be represented by at least three
Plea bargaining has been defined as a per centum of the registered voters therein.
process whereby the accused and the
prosecution work out a mutually satisfactory Any amendment to, or revision of, this
disposition of the case subject to court Constitution under Sec. 1 shall be valid when
approval. The rules on plea bargaining neither ratified by a majority of the votes cast in a
create a right nor take away a vested right. plebiscite which shall be held not earlier than
Instead, it operates as a means to implement sixty days nor later than ninety days after the
an existing right by regulating the judicial approval of such amendment or revision.
process for enforcing rights and duties
recognized by substantive law and for justly Any amendment under Sec. 2 shall be
administering remedy and redress for a valid when ratified by a majority of the votes
disregard or infraction of them. cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety
It is therefore within the exclusive days after the certification by the COMELEC of
rule-making power of the Supreme Court. the sufficiency of the petition.
(Estipona v. Lobrigo)
(b) Cite at least three provisions of the
2017 Constitution that need to be amended or
revised to effect the change from unitary to
I. federal, and briefly explain why?
A priority thrust of the Administration is A: Among the provisions in the Constitution

the change of the form of government from that would need to be amended or revised to
unitary to federal. The change can be effect the change from unitary to federal
effected only through constitutional would be the Preamble, for purposes of
amendment or revision. introducing the concept of federalism and
providing for a declaration to the effect that its
(a) What are the methods of amending the attainment shall be among the aims of the
Constitution? Explain briefly each method. provisions of said document; the provisions on
the Executive, Legislative and Judicial
A: Under Art. XVII of the Constitution, Departments, to provide for conferment of and
proposals to amend or revise the Constitution limitations on the powers of each of said
may be done or approved by the Congress, branches for purposes of precisely providing
acting in its constituent capacity, upon a vote for a federal system of government; and the
of three-fourths of all its Members or by a provisions on Local Government, which, at
constitutional convention created by the present, merely prescribe for the autonomy of
Congress, also in a constituent capacity, by a local government units.
vote of two-thirds of all its Members. The
question or matter of calling such a convention II.
may be submitted by the Congress to the
electorate by a majority vote of all its A.
Members.
Under the doctrine of immunity from suit,
Amendments to the Constitution may the State cannot be sued without its
likewise be directly proposed by the people
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consent. How may the consent be given by without authority property belonging to the
the State? Explain your answer. plaintiff and constructed thereon an irrigation
canal; and in a suit for the recovery of the value
A: Consent to be sued may be expressly made, of property which had been converted into
which may be done with a general law (CA 327 public streets without payment of just
on money claims against government to be compensation, which can prosper even
filed with the Commission on Audit) or a without previously filing a claim with the
special law, where a special law allowed a Auditor General.
person to sue the Philippine Government for
injuries he sustained when his motorcycle The doctrine of sovereign immunity
collided with a government ambulance. cannot be successfully invoked to defeat a
(Merritt v. Government of the Philippine valid claim for compensation arising from the
Islands) taking without just compensation and without
the proper expropriation proceedings being
Consent may also be impliedly made, first resorted to of the plaintiffs’ property.
when the State institutes a complaint, as in (Republic v. Sandiganbayan)
Froilan v. Pan Oriental Shipping Co., where the
government was held to have impliedly The doctrine of sovereign immunity is
allowed itself to be sued when it filed a not an instrument for perpetrating any
complaint in intervention for the purpose of injustice on a citizen. (De los Santos v. IAC)
asserting a claim against the plaintiff, to wit,
the recovery of a vessel, but not where the C.
complaint in intervention is filed precisely to
join the defendant in invoking the doctrine of Do government-owned or -controlled
State immunity to secure the dismissal of the corporations also enjoy the immunity of
action or to resist the claim, as in Lim v. the State from suit? Explain your answer.
Brownell; or when it enters into proprietary
contracts as in USA v. Guinto, which referred A: It is established that, if the government
to the operation of restaurants and barber agency is incorporated, the test of its suability
ships, but not when it enters into is found in its charter. The simple rule is that it
governmental contracts, such as in USA v. Ruiz, is suable if its charter says so, and this is true
which involved the repair of wharves. regardless of the functions it is performing.
(Bermoy v. Philippine Normal College)
B.
Accordingly, it can be said that
The doctrine of immunity from suit in favor government-owned or -controlled
of the State extends to public officials in the corporations do not enjoy immunity from suit,
performance of their official duties. May provided their charters expressly prescribe
such officials be sued nonetheless to that they can sue or be sued.
prevent or to undo their oppressive or
illegal acts, or to compel them to act? III.
Explain your answer.
State A and State B, two sovereign states,
A: Yes, an officer of the state may be sued enter into a 10-year mutual defense treaty.
without involving the State, as in a claim for After five years, State A finds that the more
recovery of taxes unlawfully assessed or progressive State B did not go to the aid of
collected; in a claim for recovery only of title to State A when it was threatened by its strong
or possession of property; in a suit against the neighbor State C. State B reasoned that it
Director of Public Works, who took over had to be prudent and deliberate in
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reacting to State C because of their existing (c) Are the principles of pacta sunt
trade treaties. servanda and rebus sic stantibus relevant
in the treaty relations between State A and
(a) May State A now unilaterally withdraw State B? What about in the treaty relations
from its mutual defense treaty with State between State B and State C? Explain your
B? Explain your answer. answer.
A: Yes, State A may unilaterally withdraw from A: Yes, under the principle of pacta sunt
said treaty by reason of State B’s clear breach servanda, both States were clearly bound to
of the same. comply with their obligations under the
subject treaty in good faith.
This would be in consonance with the
provisions of Art. 60 of the Vienna Convention It is however submitted that State B
on the Law of Treaties, which prescribes that a may not invoke the doctrine of rebus sic
material breach of a bilateral treaty by one of stantibus as justification for its non-
the parties entitles the other to invoke the compliance with its obligations to aid State A
breach as a ground for terminating the treaty simply because of the threats of State C
or suspending its operation in whole or in part. regarding their existing trade treaties.
(b) What is the difference between the It bears emphasis that among the
principles of pacta sunt limitations on a valid application of said
servanda and rebus sic stantibus in doctrine of rebus sic stantibus is that the vital
international law? change in circumstances must have been
unforeseen or unforeseeable and should not
A: Art. 26 of the Vienna Convention on the Law have been caused by the party invoking it. It is
of Treaties provides for concept of pacta sunt submitted that this element is not present in
servanda and declares that every treaty in this case.
force is binding upon the parties to it and must
be performed by them in good faith. Moreover, IV.
Art. 13 of the Declaration of Rights and Duties
of the States adopted by the International Law A.
Commission in 1949 provides that every State
has the duty to carry out in good faith its What is the pardoning power of the
obligations arising from treaties and other President under Art. VIII, Sec. 19 of the
sources of international law, and it may not Constitution?
invoke provisions in its constitution or its laws
as an excuse for failure to perform this duty. Is the exercise of the power absolute?
(Bayan v. Zamora)
A: Under Art. VII, Sec. 19 of the Constitution,
Rebus sic stantibus is considered as except in cases of impeachment or as
the equivalent exception to the maxim pacta otherwise provided in this Constitution, the
sunt servanda. The doctrine constitutes an President may grant reprieves, commutations
attempt to formulate a legal principle which and pardons, and remit fines and forfeitures,
would justify non-performance of a treaty after conviction by final judgment. He shall
obligation if the conditions with relation to also have the power to grant amnesty with the
which the parties contracted have changed so concurrence of a majority of all the Members
materially and so unexpectedly as to create a of the Congress.
situation in which the exaction of performance
would be unreasonable.
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It can be considered as not absolute in (5) Pardon is a private act of the President
the sense that its exercise is subject to the which must be pleaded and proved because
foregoing constitutional limitations, as well as the courts do not take judicial notice of it;
to the limitation in Sec. 5 of Art. IX-C of the amnesty is a public act of which the courts take
Constitution, which provides that no pardon, judicial notice.
amnesty, parole, or suspension of sentence for
violation of election laws, rules, and (6) Pardon looks forward and relieves the
regulations shall be granted by the President offender from the consequences of the offense
without the favorable recommendation of the of which he has been convicted; while amnesty
Commission. looks backward and abolishes and puts into
oblivion the offense itself; it so overlooks and
It should be added though that the obliterates the offense with which he is
exercise of the pardoning power is charged that the person released by amnesty
discretionary in the President, and may not be stands before the law precisely as though he
controlled by legislature or reversed by the had committed no offense. (Burdick v. US)
courts, save only when it contravenes the
recognized limitations. The pardoning power V.
of the President cannot be limited by
legislative action. (Risos-Vidal v. COMELEC) (a) What is the right of legation, and how is
it undertaken between states? Explain your
B. answer.
Distinguish pardon from amnesty. A: The right of legation, which is considered as

one of the most effective ways of facilitating
A; The distinction between an amnesty and a and promoting intercourse among states,
pardon are – pertains to their active right to send
diplomatic representatives and their passive
(1) Amnesty is usually addressed to crimes right of receiving them to enable them to deal
against the sovereignty of the State, to political more directly and closely with each other in
offenses, forgiveness being deemed more the improvement of their mutual interests.
expedient for the public welfare than
prosecution and punishment; pardon (b) Under this right, may a country like
condones infractions of the peace of the State; Malaysia insist that the Philippines
establishes a consulate in Sabah to look
(2) Amnesty is usually generally addressed to after the welfare of the Filipino migrants in
classes or even communities of persons; the area? Explain your answer.
pardon is usually addressed to an individual.
A: No. Being purely consensual, the
(3) In amnesty, there may or may not be maintenance of diplomatic relations is not a
distinct acts of acceptance, so that if other demandable right on the part of either the
rights are dependent upon it and are asserted, sending or the receiving state.
there is affirmative evidence of acceptance; in
pardon, there must be distinct acts of VI.
acceptance.
A.
(4) Pardon does not requires the concurrence
of the Congress; amnesty requires such The President appoints the Vice President
concurrence. as his Administration's Housing Czar, a
position that requires the appointee to sit
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in the Cabinet. Although the appointment appropriations for their offices to augment
of the members of the Cabinet requires any item in the general appropriations law for
confirmation by the Commission on their respective offices from savings in other
Appointment (CA), the Office of the items of their respective appropriations.
President does not submit the
appointment to the CA. May the Vice It is therefore clear that said savings
President validly sit in the Cabinet? from the appropriations for his office can be
lawfully transferred to augment any item in
A: Yes, the Vice President may validly sit in the the general appropriations law but only to any
Cabinet as the President’s Housing Czar. office within his office, or the executive
branch. Therefore, the transfer of said savings
Under Sec. 3 of Art. VII of the requested by the COMELEC in its favor, being
Constitution, the Vice-President may be a cross-border transaction, would be violative
appointed as a Member of the Cabinet, Such of the aforecited constitutional provision as
appointment requires no confirmation. well as of the principle of separation of
powers. (Araullo v. Aquino)
B.
VII.
The Executive Department has
accumulated substantial savings from its Give the limitations on the power of the
appropriations. Needing ₱3,000,000.00 for Congress to enact the General
the conduct of a plebiscite for the creation Appropriations Act? Explain your answer.
of a new city but has no funds appropriated
soon by the Congress for the purpose, the A: The following are the limitations on the
COMELEC requests the President to power of the Congress to enact the General
transfer funds from the savings of the Appropriations Act –
Executive Department in order to avoid a
delay in the holding of the plebiscite. 1. No money shall be paid out of the Treasury
except in pursuance of an appropriation made
May the President validly exercise his by law.
power under the 1987 Constitution to
transfer funds from the savings of the 2. No public money or property shall be
Executive Department, and make a cross- appropriated, applied, paid, or employed,
border transfer of ₱3,000,000.00 to the directly or indirectly, for the use, benefit, or
COMELEC by way of augmentation? Is your support of any sect, church, denomination,
answer the same if the transfer is treated as sectarian institution, or system of religion, or
aid to the COMELEC? Explain your answer. of any priest, preacher, minister, or other
religious teacher, or dignitary as such, except
A: No, the President may not validly transfer when such priest, preacher, minister, or
funds from the savings of the Executive dignitary is assigned to the armed forces, or to
Department in favor of the COMELEC by way any penal institution, or government
of augmentation. Neither can this be orphanage or leprosarium.
considered as lawful even if it is to be treated
as aid to the COMELEC. 3. All appropriations bills shall organize
exclusively in the House of Representatives,
Under Sec. 25(5) of Art. VI of the and must be based on a budget of expenditures
Constitution, the President, and the other and sources of financing, including receipts
officials mentioned therein, may be allowed or from existing and proposed revenue
authorized by law to transfer from measures, submitted to it by the President.
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4. The Congress may not increase the mortgaged assets of its borrower. It
appropriations recommended by the appears that the land has been originally
President for the operation of the Government registered under the Torrens system in
as specified in the budget. The form, content, 1922 pursuant to the provisions of the
and manner of preparation of the budget shall Philippine Bill of 1902, the organic act of
be prescribed by law. the Philippine Islands as a colony of the
USA. Sec. 21 of the Philippine Bill of 1902
5. No provision or enactment shall be provided that "all valuable mineral
embraced in the general appropriations bill deposits in public lands in the Philippine
unless it relates specifically to some particular Islands, both surveyed and unsurveyed, are
appropriation therein. Any such provision or hereby declared to be free and open to
enactment shall be limited in its operation to exploration, occupation and purchase, and
the appropriation to which it relates. the land in which they are found to
occupation and purchase, by citizens of the
6. The procedure in approving appropriations United States, or of said Islands." Sec. 27 of
for the Congress shall strictly follow the the law declared that a holder of the
procedure for approving appropriations for mineral claim so located was entitled to all
other departments and agencies. the minerals that lie within his claim, but
he could not mine outside the boundary
7. No law shall be passed authorizing any lines of his claim.
transfer of appropriations; however, the
President, the President of the Senate, the The 1935 Constitution expressly
Speaker of the House of Representatives, the prohibited the alienation of natural
Chief Justice of the Supreme Court, and the resources except agricultural lands. Sec. 2,
heads of Constitutional Commissions may, by Art. XII of the 1987 Constitution contains a
law, be authorized to augment any item in the similar prohibition, and proclaims that all
general appropriations law for their lands of the public domain, waters,
respective offices from savings in other items minerals, coal, petroleum, and other
of their respective appropriations. mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora
8. Discretionary funds appropriated for and fauna, and other natural resources are
particular officials shall be disbursed only for owned by the State. This provision
public purposes to be supported by enunciates the Regalian Doctrine.
appropriate vouchers and subject to such
guidelines as may be prescribed by law. May the Government, on the basis of the
Regalian Doctrine enunciated in the
9. If, by the end of any fiscal year, the Congress constitutional provisions, deny the bank its
shall have failed to pass the general right as owner to the mineral resources
appropriations bill for the ensuing fiscal year, underneath the surface of its property as
the general appropriations law for the recognized under the Philippine Bill of
preceding fiscal year shall be deemed re- 1902? Explain your answer.
enacted and shall remain in force and effect
until the general appropriations bill is passed A: No. The provisions of the Constitution
by the Congress. should be given only a prospective application
unless the contrary is clearly intended. Were
VIII. the rule otherwise, rights already acquired or
vested might be unduly disturbed or
A bank acquired a large tract of land as the withdrawn even in the absence of an
highest bidder in the foreclosure sale of the
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unmistakable intention to place them within B.

the scope of the Constitution.
Extradition is the process pursuant to a
Accordingly, the mining claim under treaty between two State parties for the
consideration no longer formed part of the surrender by the requested State to the
public domain when the provisions of Art. XII custody of the requesting State of a fugitive
of the 1987 Constitution became effective, or criminal residing in the former. However,
even upon the effectivity of the 1935 extradition depends on the application of
Constitution, which provided for a similar two principles - the principle of
limitation. specialty and the dual criminality
principle. Explain these principles.
Mining rights acquired under the
Philippine Bill of 1092 and subsisting prior to A: Under the principle of specialty, a fugitive
the effectivity of the 1935 and a987 who is extradited may be tried only for the
Constitutions should be considered as vested crime specified in the request for extradition
rights that could not be impaired even by the and included in the list of offenses in the
Government. (Republic v. CA) extradition treaty. Under this rule in
international law, a Requested State shall
IX. surrender to a Requesting State a person to be
tried only for a criminal offense specified in
A. their treaty of extradition. (Government of
Hongkong Special Administrative Region v.
Ambassador Robert of State Alpha Munoz)
committed a very serious crime while he
headed his foreign mission in the On the other hand, the dual criminality
Philippines. Is he subject to arrest by principle requires that the act for which the
Philippine authorities? Explain your extradition is sought must be punishable in
answer. both the requesting and the requested state.
(Government of Hongkong Special
A: It is submitted that he may not be subject to Administrative Region v. Munoz)
arrest for his very serious crime.
C.
This would be consistent with Art. 31
of the Diplomatic Convention, which provides The President signs an agreement with his
that a diplomatic agent shall enjoy immunity counterpart in another country involving
from the criminal jurisdiction of the receiving reciprocity in the treatment of each
state. country's nationals residing in the other's
territory. However, he does not submit the
It is generally accepted principle of agreement to the Senate for concurrence.
international law that the diplomatic agent
shall be immune from such jurisdiction of the Sec. 21, Art. VII of the Constitution provides
receiving state. This does not mean that he can that no treaty or international agreement
violate the local laws with impunity; on the shall be valid and effective without such
contrary, he is expected to observe them concurrence.
meticulously as befits a person of his rank and
prestige. If he does not, he may not be Is the agreement signed by the President
punished for his offense by the receiving state, effective despite the lack of Senate
but it can and usually will ask for his recall. concurrence? Explain your answer.
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A: Yes, said agreement can be considered as an (b) May the President thereafter withdraw
executive agreement, which would therefore his signature? Explain your answer.
not require the concurrence of the Senate for
its validity or effectivity. (Bayan Muna v. A: Under Sec. 27 (1) of Art. VI of the
Romulo) Constitution, every bill passed by the Congress
shall, when approved and signed by the
X. President upon presentment of the same to
him, be considered as, by reason of said
A. approval and signing, having become a law,
subject only to the requirement of publication
Under the enrolled bill doctrine, the signing for its effectivity.
of a bill by both the Speaker of the House of
Representatives and the President of the Accordingly, the President may not
Senate and the certification by the thereafter nullity the same by mere
secretaries of both Houses of Congress that withdrawal of his signature. To allow him to
the bill was passed on a certain date are do this would be violative of the principle of
conclusive on the bill's due enactment. separation of powers.
Assuming there is a conflict between the
enrolled bill and the legislative journal, to As earlier stated, to change it would
the effect that the enrolled bill signed by require an amendment of said law. (Casco
the Senate President and eventually Chemical Co. v. Gimenez)
approved by the President turned out to be
different from what the Senate actually B.
passed as reflected in the legislative
journal. Sec. 26(2), Art. VI of the Constitution
provides that no bill passed by either
(a) May the Senate President disregard House of Congress shall become a law
the enrolled bill doctrine and consider his unless it has passed three readings on
signature as invalid and of no effect? separate days and printed copies of it in its
final form have been distributed to the
A: No. Members of the House three days before its
passage.
Under the Enrolled Bill Theory, the
contents of an enrolled bill shall prevail over Is there an exception to the provision?
those of the journal in case of conflict. This Explain your answer.
justified under the principle of separation of
powers. (Mabanag v. Lopez) An enrolled bill is A: Yes, the exception is found in Sec. 26
conclusive not only of its provisions but also of (2) of Art. VI of the Constitution, which
its due enactment. (Tolentino v. Secretary of prescribes that said requirements may be
Finance) dispensed with when the President certifies to
the necessity of its immediate enactment to
It bears emphasis that the subject bill meet a public calamity or emergency.
had already been approved by the President. (Tolentino v. Secretary of Finance)
Said approval has transformed the same into a
law which therefore cannot be changed with XI.
or by the mere withdrawal of the signature by
the Senate President. To change it would Sec. 17, Art. VI of the Constitution
require an amendment of said law. (Casco establishes an Electoral Tribunal for each
Chemical Co. v. Gimenez) of the Houses of Congress, and makes each
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Electoral Tribunal "the sole judge of all (a) Is the law establishing Philippine
contests relating to the election, returns, Funds, Inc. constitutional? Explain your
and qualifications of their respective answer.
Members." On the other hand, Sec. 2(1), C
(Commission on Elections), Art. IX of the A: It is submitted that said law is
Constitution grants to the COMELEC the unconstitutional.
power to enforce and administer all laws
and regulations "relative to the conduct of Said law creating the subject private
an election, plebiscite, initiative, corporation would be violative of the
referendum, and recall." provisions of Sec. 16 of Art. XII of the
Constitution, which prescribes that the
Considering that there is no concurrence of Congress shall not, except by general law,
jurisdiction between the Electoral provide for the formation, organization, or
Tribunals and the COMELEC, state when the regulation of private corporations. (Liban v.
jurisdiction of the Electoral Tribunals Gordon)
begins, and the COMELEC's jurisdiction
ends. Explain your answer. The purposes for the creation of this
private corporation by the Congress, i.e., to
A: It is established that, once a winning receive and administer foreign donations
candidate has been proclaimed, taken his coming from abroad during national and local
proper oath, and assumed office as a Member calamities and disasters, cannot be invoked for
of the House of Representatives or of the purposes of allowing this breach of this
Senate, the jurisdiction of the House of constitutional prohibition.
Representatives Electoral Tribunal and of the
Senate Electoral Tribunal begins over election (b) Can the Congress pass the law that
contests relating to his election, returns, and would exempt the foreign grants from the
qualifications. Consequently, it would be at jurisdiction of the COA? Explain your
this point that the jurisdiction of the COMELEC answer.
to enforce and administer all laws and
regulations relative to the conduct of an A: No, it cannot.
election ends. (Limkaichong v. COMELEC)
This would be violative of the
XII. provisions of Sec. 3 of Art. IX0D of the
Constitution, which prescribes that no law
The Congress establishes by law Philippine shall be passed exempting any entity of the
Funds, Inc., a private corporation, to Government or its subsidiary in any guise
receive foreign donations coming from whatever, or any investment of public funds,
abroad during national and local from the jurisdiction of the Commission on
calamities and disasters, and to enable the Audit.
unhampered and speedy disbursements of
the donations through the mere action of XIII.
its Board of Directors. Thereby, delays in
the release of the donated funds Command responsibility pertains to the
occasioned by the stringent rules of responsibility of commanders for crimes
procurement would be avoided. Also, the committed by subordinate members of the
releases would not come under the armed forces or other persons subject to
jurisdiction of the Commission on Audit their control in international wars or
(COA). domestic conflicts. The doctrine has now
found application in civil actions for human
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rights abuses, and in proceedings seeking forces, is to be considered as necessarily

the privilege of the writ of amparo. possessing control over the military that
qualifies him as a superior within the purview
(a) What are the elements to be established of the doctrine. Moreover, he can be presumed
in order to hold the superior or to have knowledge of the commission of
commander liable under the doctrine irregularities, crimes or offenses pertinent to
of command responsibility? said extrajudicial killings and enforced
disappearances. Meanwhile, as to the issue of
A: The requisites of the doctrine of command failure to prevent or punish, it is important to
responsibility are: a) the existence of a note that as the commander-in-chief of the
superior-subordinate relationship between armed forces, the president has the power to
the accused as superior and the perpetrator of effectively command, control and discipline
the crime as his subordinate; b) the superior the military. (Rodriguez v. Macapagal-Arroyo)
knew or had reason to know that the crime
was about to be or had been committed; and c) In amparo proceedings, commanders
the superior failed to take the necessary and may therefore be impleaded – not actually on
reasonable measures to prevent the criminal the basis of command responsibility – but
acts or punish the perpetrators thereof. rather on the ground of their responsibility, or
(Rodriguez v. Macapagal-Arroyo) at least accountability. (Balao v. Macapagal-
Arroyo)
(b) May the doctrine of command
responsibility apply to the President for the XIV.
abuses of the armed forces (AFP and PNP)
given his unique role as the commander-in- To fulfill a campaign promise to the poor
chief of all the armed forces? Explain your folk in a far-flung area in Mindanao, the
answer. President requested his friend, Pastor Roy,
to devote his ministry to them. The
A: Pursuant to the doctrine of command President would pay Pastor Roy a monthly
responsibility, the President, as the stipend of ₱50,000.00 from his
Commander-in-Chief of the AFP, can be held discretionary fund, and would also erect a
liable for affront against the petitioner’s rights modest house of worship in the locality in
to life, liberty and security as long as an area of the latter's choice.
substantial evidence exist to show that he or
she had exhibited involvement in or can be Does the President thereby violate any
imputed with knowledge of the violation, or provisions of the Constitution? Explain
had failed to exercise necessary and your answer.
reasonable diligence in conducting the
necessary investigations required under the A; It is submitted that this act of the President
rules. Presidential immunity from suit exists would be violative of Sec. 29 (2) of the
only in concurrence with the president’s Constitution, which provides that no public
incumbency. money or property shall be appropriated,
applied, paid, or employed, directly or
The President, as Commander-in- indirectly, for the use, benefit or support of any
Chief, can be held responsible or accountable sect, church, denomination, sectarian
for extrajudicial killings and enforced institution, or system of religion, or of any
disappearances in the context of amparo priest, preacher, minister, or other religious
proceedings on the basis of the doctrine of teacher, or dignitary as such, except when such
command responsibility. The President, being priest preacher, minister, or dignitary is
the commander-in-chief of all the armed assigned to the armed forces, or to any penal
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institution, or government orphanage or A: No.

leprosarium.
The rule is established that an
XV. impeachable officer who is a member of the
Bar cannot be disbarred without first being
A. impeached. (Marcoleta v. Borra)
According to Sec. 3, Art. VIII of the To grant such a complaint for

Constitution, the Judiciary shall enjoy fiscal disbarment would in effect be to circumvent
autonomy. What does the term fiscal and hence to run afoul of the constitutional
autonomy signify? Explain your answer. mandate that impeachable officers, such as the
Ombudsman, who are constitutionally
A: Fiscal autonomy contemplates a guarantee required to be lawyers, may be removed from
on full flexibility to allocate and utilize their office only by impeachment for an conviction
resources with the wisdom and dispatch that of certain offenses listed in Art. XI (2) of the
their needs require. It recognizes the power Constitution.
and authority to levy, assess and collect fees,
fix rates of compensation not exceeding the C.
highest rates authorized by law for
compensation and pay plans of the Sec. 3, Art. XI of the Constitution states that
government and allocate and disburse such "[n]o impeachment proceedings shall be
sums as may be provided by law or prescribed initiated against the same official more
by them in the course of the discharge of their than once within a period of one year."
functions.
What constitutes initiation of
Fiscal autonomy means freedom from impeachment proceedings under the
outside control. provision?
It vests in those expressly conferred A: Initiation of impeachment proceedings

with this prerogative the independence and takes place by the act of filing of the
flexibility needed in the discharge of their impeachment complaint and referral to the
constitutional duties. The imposition of House of Committee on Justice. (Francisco v.
restrictions and constraints on the manner the House of Representatives)
independent constitutional offices allocate
and utilize the funds appropriated for their 2018
operations is anathema to fiscal autonomy and
violative not only of the express mandate of I.
the Constitution but, especially as regards the
Supreme Court, of the independence and Congress enacted a law to provide
separation of powers upon which the entire Filipinos, especially the poor and the
fabric of our constitutional system is based. marginalized, access and information to a
(Bengzon v. Drilon) full range of modern family planning
methods, including contraceptives,
B. intrauterine devices, injectibles, non-
abortifacient hormonal contraceptives,
May a complaint for disbarment against the and family planning products and supplies,
Ombudsman prosper during her but expressly prohibited abortion. To
incumbency? Explain your answer. ensure its objectives, the law made it
mandatory for health providers to provide
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information on the full range of modern abortive and thus prohibited, since life starts
family planning methods, supplies and from conception or upon fertilization.
services, for schools to provide Conversely, contraceptives and devices that
reproductive health education, for non- actually prevent the union of the sperm and
governmental medical practitioners to the ovum, and those that similarly take place
render mandatory 48 hours pro bono prior to fertilization should be deemed as non-
reproductive health services as a condition abortive and constitutionally permissive.
to Philhealth accreditation, and for couples
desiring to marry to attend a family (b) The notion of involuntary servitude
planning seminar prior to the issuance of a connotes the presence of force, threats,
marriage license. It also punishes certain intimidation, or other means of coercion and
acts of refusals to carry out its mandates. compulsion. The assailed provision only
The spouses Aguiluz, both Roman encourages private reproductive healthcare
Catholics, filed a petition to declare the law service providers to render pro bono services.
as unconstitutional based on, among Other than non-accreditation with PhilHealth,
others, the following grounds: no penalty is imposed. These health service
providers also enjoy the liberty to choose
(a) It violates the right to life, since it which kind of health service they wish to
practically sanctions abortion. Despite provide. Clearly, there is no compulsion, force
express terms prohibiting abortion, or threat upon them to render the pro bono
petitioners claim that the family planning services against their will.
products and supplies oppose the initiation
of life, which is a fundamental human right, (c) What is prohibited in the Constitution is the
and the sanction of contraceptive use establishment of a state religion. While the
contravenes natural law and is an affront to establishment clause in the Constitution
the dignity of man. restricts what the government can do with
religion, it also limits what religious sects can
(b) It violates the constitutional or cannot do with the government. They can
prohibition against involuntary servitude neither cause the government to adopt their
because it requires medical practitioners particular doctrine as policy for everyone, nor
to render 48 hours of pro bono can they cause the government to restrict
reproductive health services which may be other groups. To do so would cause the State
against their will. to adhere to a particular religion, and thus
establish a state religion. (Imbong v. Ochoa)
(c) It violates the Freedom of Religion,
since petitioners' religious beliefs prevent II.
them from using contraceptives, and that
any State- sponsored procurement of Agnes was allegedly picked up by a group
contraceptives, funded by taxes, violates of military men headed by Gen. Altamirano,
the guarantee of religious freedom. and was brought to several military camps
where she was interrogated, beaten,
Rule on each of the above objections. mauled, tortured, and threatened with
death if she would not confess her
A: membership in the New People's Army
(NPA) and point to the location of NPA
(a) The framers of the Constitution did not camps. She suffered for several days until
intend to ban all contraceptives. Only she was released after she signed a
contraceptives and devices that kill or destroy document saying that she was a
the fertilized ovum should be deemed as an surenderee, and was not abducted or
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harmed by the military. After she was addressing extrajudicial abduction and
released, and alleging that her rights to life, torture. Temporary protection orders are
liberty and security had been violated and merely intended to assist the Court before it
continued to be threatened by violation of can arrive at a judicious determination of the
such rights, she filed with the Supreme amparo petition. A temporary protection
Court (the Court) a Petition for the Writs order, being an interim relief, can only be
of Amparo and Habeas Data with prayers granted before final adjudication on the
for Temporary Protection Orders, amparo case is made. The privilege of the writ
Inspection of Place, and Production of of amparo, once granted already entails the
Documents and Personal Properties. The protection of the aggrieved party. Thus, since
case was filed against President Amoyo the writ of amparo was already granted and
(who was the President of the Philippines issued, there is no more need to issue a
when the abduction, beating, mauling and temporary protection order. (Yano v. Sanchez)
life threats were committed), General
Altamirano, and several military men (b) Will the President's immunity from suit
whom Agnes was able to recognize during continue even after his term has ended,
her ordeal. The Court, after finding the considering that the events covered by the
petition to be in order, issued the writ Petition took place during his term?
of amparo and the writ of habeas data and
directed the respondents to file a verified A: No. The presidential immunity from suit
return on the writs, and directed the Court exists only in concurrence with the President’s
of Appeals (CA) to hear the petition. The incumbency. A non-sitting President cannot
respondents duly filed their return on the claim immunity even if the acts complained of
writs and produced the documents in their were committed while he was still a sitting
possession. After hearing, the CA ruled that President. The reason for this is that if the
there was no more need to issue the immunity is not granted while he is in office,
temporary protection orders since the writ he might be spending all his time in attending
of amparo had already been issued, and to litigations. After his term, he can already
dismissed the petition against President attend to them. (Estrada v. Desierto)
Amoyo on the ground that he was immune
from suit during his incumbency as III.
President. Agnes appealed the CA ruling to
the Court. The appeal was lodged after What and whose vote is required for the
President Amoyo's term had ended. following acts:
(a) Was the CA correct in saying that the (a) the repeal of a tax exemption law;
writ of amparo rendered unnecessary the
issuance of the temporary protection
A: A majority of all the members of the
order? Congress. (Art. VI, Sec. 28)
A: Yes. (b) a declaration of the existence of a state
of war;
The writ of amparo is an extraordinary
and independent remedy that provides rapid A: Two-thirds of all members of Congress,
judicial relief, as it partakes of a summary voting separately. (Art. VI, Sec. 23)
proceeding and requires only substantial
evidence to make the appropriate interim and
(c) the amendment of a constitutional
permanent reliefs to the petitioner. IT serves
provision through a constituent assembly;
both preventive and curative reliefs in
Sison, PKD.
A: The approval of the constitutional of Amaya for the Second District in the next
amendment can be effected with a majority of local elections in 2019. What will you
the votes cast in a plebiscite. (Art. XVII, Sec. 1) advise Andres?
The approval of the proposal to amend would
be valid upon a vote of three-fourths of all the A: He is not eligible. This involves a question of
Members of the Congress. (Art. XVII, Sec. 4) the application of the three-term limit rule
upon local elective officials in renamed an/or
(d) the resolution of a tie in a presidential reapportioned districts. A provincial board
election; and member cannot be elected and serve for more
than three consecutive terms. The clear intent
A: A majority of all the members of both of the framers of the Constitution was to limit
Houses of Congress, voting separately. (Art. the term to three consecutive elections to the
VII, Sec. 4) same position. (National v. COMELEC)
(e) the extension of the period for the V.

suspension of the privilege of the writ of
habeas corpus? State whether or not the following acts are
constitutional:
A: The Congress, voting jointly, by a vote of at
least a majority of all its Member in regular or (a) A law prescribing as qualifications for
special session. (Art. VII, Sec. 18) appointment to any court lower than the
Supreme Court, Philippine citizenship,
IV. whether natural-born or naturalized, 35
years of age on the date of appointment,
The Province of Amaya is one of the and at least eight years as a member of the
smallest provinces in the Philippines with Philippine Bar;
only one legislative district composed of
four municipalities: Uno, Dos, Tres, and A: The law prescribing as a qualification for
Cuatro. appointment to any lower court mere
Philippine citizenship, whether natural-born
Andres, a resident and registered voter of or naturalized, would be unconstitutional with
Cuatro municipality, ran and was elected as respect to appointments to collegiate courts
member of the Sangguniang Panlalawigan (CTA, CA, Sandiganbayan) because all
(SP) of Amaya in the 2010 and 2013 local appointees to these courts must be natural-
elections. born citizens. (Art. VIII, Sec. 7, Const)
While Andres was serving his second term (b) A law requiring all candidates for
as ·sp member, a law was enacted re- national or local elective offices to be
apportioning the four towns of Amaya into college degree holders;
two legislative districts: Uno and Dos
comprising the First District, and Tres and The law requiring all candidates for national
Cuatro comprising the Second District. or local elective offices to be college degree
holders should be considered as
In the 2016 local elections, Andres ran and unconstitutional with respect to national
was elected as member of the SP of Amaya elective offices because it is not one of the
representing the Second District. qualifications specifically required for these
offices. The qualifications for these positions
Andres seeks your legal advice regarding under the Constitution are exclusive in
his intention to run as a member of the SP character and the Congress would be
Sison, PKD.
incompetent to prescribe this requirement as About one year after Alejandro assumed
an additional qualification for candidates for office, the Interim Central Committee of
national elective office. This additional Ang Araw expelled Alejandro from the
requirement would, however, be valid with party for disloyalty and replaced him with
respect to candidates for local elective posts. Andoy, its second nominee. Alejandro
(Social Justice Society v. Dangerous Drugs questioned before the Comelec his
Board expulsion and replacement by Andoy.
(c) The designation by the President of an The Comelec considered Alejandro's

acting Associate Commissioner of the Civil petition as an intra-party dispute which it
Service Commission; could resolve as an incident of its power to
register political parties; it proceeded to
A: Such designation is unconstitutional uphold the expulsion.
because the Constitution provides that no
person shall be appointed or designated in any Is the Comelec's ruling correct?
of the constitutional commissions in a
temporary or acting capacity. A: No, the COMELEC is not correct. It should
dismiss Alejandro’s petition for lack of
(d) The appointment by the President as jurisdiction.
Deputy Ombudsman of a lawyer who has
been engaged in the practice of law for five The petition questioning Alejandro’s
years; and expulsion and the succession of the second
nominee as party-list representative is a
A: The appointment can be upheld because disqualification case because it relates to the
only the Ombudsman is required under the question of unseating Alejandro, who is
Constitution to have been engaged in the already a member of the House of
practice of law for at least 10 years prior to his Representatives.
appointment. (Art. XI, Sec. 8)
Sec. 17, Art. VI of the 1987 Constitution
(e) The nomination by a national party-list endows the HRET with jurisdiction to resolve
of a person who is not one of its bona fide questions on the qualification of members of
members. Congress. In the case of party-list
representatives, the HRET acquires
A: The nomination is invalid because jurisdiction over a disqualification case upon
nominees of national parties must be bona fide proclamation of the winning party-list group,
members of such parties. (Atong Paglaum v. oath of the nominee, and assumption of office
COMELEC) as member of the House of Representatives. In
this case, the COMELEC proclaimed Ang Araw
VI. as a winning party-list group; Alejandro took
his oath and he assumed office in the House of
Ang Araw, a multi-sectoral party-list Representatives. Thus, it is the HRET, and not
organization duly registered as such with the COMELEC, that has jurisdiction over this
the Commission on Elections (Comelec), disqualification case. (Lico v. COMELEC)
was proclaimed as one of the winning
party-list groups in the last national VII.
elections. Its first nominee, Alejandro,
assumed office as the party-list The 2016 mayoralty race in the City of
representative. Ardania included Arnaldo and Anacleto as
contenders.
Sison, PKD.
Arnaldo filed a petition with the Comelec to Ardania City: Arnaldo, who obtained the
cancel Anacleto's Certificate of Candidacy second highest number votes, or Andrea,
(CoC) for misrepresenting himself as a the duly-elected Vice Mayor of the City?
Filipino citizen. Arnaldo presented as
evidence a copy of Anacleto's Spanish A: The rule on succession would not apply if
passport and a certification from the the permanent vacancy was caused by one
Bureau of Immigration (Bl) showing that whose certificate of candidacy was void ab
Anacleto used the same passport several initio. Specifically with respect to dual citizens,
times to travel to and from Manila and their certificates of candidacy are void ab initio
Madrid or Barcelona. because they possess a substantive
disqualifying circumstance existing prior to
In his Comment, Anacleto claimed that, a the filing of their COC. Legally, they should not
year prior to filing his CoC, he had complied even be considered candidates. The votes cast
with all the requirements of R.A. No. 9225 for them should be considered stray and
(Citizenship Retention and Re-acquisition should not be counted.
Act of 2003) to reacquire his Philippine
citizenship by taking an oath of allegiance In cases of vacancies caused by those
and executing a sworn renunciation of his with void ab initio COC, the person legally
Spanish citizenship. He defended the use of entitled to the vacant position would be the
his Spanish passport subsequent to taking candidate who garnered the next highest
his oath of allegiance to the Philippines as number of votes among those eligible. In this
a practical necessity since he had yet to case, it was Arnaldo. (Chua v. COMELEC)
obtain his Philippine passport despite
reacquiring his Philippine citizenship. VIII.
Even after he secured his Philippine
passport, he said he had to wait for the Two petitions for the cancellation of
issuance of a Schengen visa to allow him to Certificate of Candidacy (CoC)/Denial of
travel to Spain to visit his wife and minor Due Course were filed with the Comelec
children. against two candidates running as
municipal mayors of different towns.
(a) Based on the allegations of the parties,
is there sufficient ground to cancel The first petition was against Anselmo.
Anacleto's CoC? Years ago, Anselmo was charged and
convicted of the crime of rape by final
A: The sole act of using a foreign passport does judgment, and was sentenced to suffer the
not divest Anacleto of his Filipino citizenship principal penalty of reclusion perpetua
which he acquired by repatriation. However, which carried the accessory penalty of
by representing himself as a Spanish citizen, perpetual absolute disqualification. While
Anacleto voluntarily and effectively reverted Anselmo was in prison, the President
to his earlier status as a dual citizen. Such commuted his sentence and he was
reversion was not retroactive; it took place in discharged from prison.
the instant Anacleto represented himself as a
Spanish citizen by using his Spanish passport. The second petition was against Ambrosio.
He is thus disqualified for being a dual citizen, Ambrosio's residency was questioned
and his COC should be cancelled. (Macquiling because he was allegedly a "green card
v. COMELEC) holder," i.e., a permanent resident of the
US, as evidenced by a certification to this
(b) In case Anacleto's CoC is properly effect from the US Embassy.
cancelled, who should serve as mayor of
Sison, PKD.
Acting on the recommendations of its Law on the basis of his perpetual absolute
Department, the Comelec en banc motu disqualification, the fact which had already
proprio issued two resolutions granting the been established by his final conviction. In this
petitions against Anselmo and Ambrosio. regard, the COMELEC en banc was exercising
its administrative functions, dispensing with
Both Anselmo and Ambrosio filed separate the need for a motion for reconsideration of a
petitions with the Supreme Court assailing division ruling under Sec. 3, Art. IX-C of the
the resolutions cancelling their respective Constitution, the same being required only in
CoCs. Both claimed that the Comelec en quasi-judicial proceedings. (Jalosjos v.
bane acted with grave abuse of discretion COMELEC)
amounting to lack or excess of jurisdiction
because the petitions should have first On the other hand, Ambrosio is correct
been heard and resolved by one of the that the petition for cancellation of his COC
Comelec's Divisions. should have been first heard and resolved by
the COMELEC Division. Cancellation
Are Anselmo and Ambrosio correct? proceedings involve the COMELEC’s quasi-
judicial functions. The Constitution mandates
A: Anselmo is incorrect. the COMELEC, in the exercise of its
adjudicatory or quasi-judicial powers, to hear
While it may be true that Sec. 3, Art. and decide cases first by division and, upon
IX0C of the 1987 Philippine Constitution motion for reconsideration, by the COMELEC
requires cases filed with the COMELEC to be en banc. (Bautista v. COMELEC)
first heard and decided in division, and that
only motions fore reconsideration of said IX.
decisions shall be decided by the Commission
en banc, said constitutional provision, In 1990, Agripina migrated to Canada and
requiring a motion for reconsideration before acquired Canadian citizenship.
the COMELEC en banc may take action, is
confined only to cases where the COMELEC In 2008, Agripina retired and returned to
exercises its quasi-judicial power. It finds no the Philippines to permanently reside in
application in matters concerning the her hometown of Angeles, Pampanga. A
COMELEC’s exercise of administrative month after returning to the Philippines,
functions. Agripina took her oath of allegiance and
executed a sworn renunciation of her
While the denial of due course to Canadian citizenship in accordance with
and/or cancellation of one’s COC generally R.A. No. 9225.
necessitates the exercise of the COMELEC’s
quasi-judicial functions commenced through a In 2009, Agripina filed her certificate of
petition based on either Secs. 1220 or 7821 of candidacy for Congress for the 2010
the Omnibus Election Code, or Sec. 4022 of the elections. Agripina's political rivals lost no
LGC, when the grounds therefor are rendered time in causing the filing of various actions
conclusive on account of final and executory to question her candidacy. They
judgments – as when a candidate’s questioned her eligibility to run as member
disqualification to run for public office is based of Congress. Since Agripina had to take an
on a final conviction – such exercise falls oath under R.A. No. 9225, it meant that she
within the COMELEC’s administrative needed to perform an act to perfect her
functions, as in this case. The COMELEC merely Philippine citizenship.
performed its duty to enforce and administer
election laws in canceling the petitioner’s COC
Sison, PKD.
Hence, they claimed that Agripina could Ascertain the constitutionality of the
not be considered a natural-born citizen. following acts:
Agripina raised the defense that, having
complied with the requirements of R.A. No. (a) An investigation conducted by the
9225, she had reacquired, and was deemed Ombudsman against a Commissioner of the
never to have lost, her Philippine Commission on Audit for serious
citizenship. misconduct.
Is Agripina disqualified to run for Congress A: The act is constitutional. Although a

for failing to meet the citizenship Commissioner of any of the Constitutional
requirement? Commissions is removable only through
impeachment, this rule does not preclude the
A: Agripina is eligible to run as member of Ombudsman from conducting an investigation
Congress. Repatriation results in the recovery into the alleged serious misconduct
of a person’s original nationality. This means committed by impeachable officials for the
that a naturalized Filipino who lost his purpose of filing a verified complaint for
citizenship will be restored to his prior status impeachment. (Carpio-Morales v. CA)
as a Filipino citizen. If she were originally a
natural-born citizen before she lost her (b) A law prohibiting any court, other than
Philippine citizenship, she would be restored the Supreme Court, from issuing a writ of
to her former status as a natural-born Filipino injunction against an investigation being
citizen. (Bengson III v. HRET) conducted by the Ombudsman.
RA 9225 makes a distinction between A: The law is unconstitutional. The power to

those natural-born Filipinos who became issue injunctive writs is part of judicial power.
foreign citizens before and after the effectivity The rules governing the exercise of this power
of RA No. 9225. For those who were are within the powers of the Supreme Court to
naturalized in a foreign country, they shall be promulgate. The law therefore is an
deemed to have reacquired their Philippine encroachment into the Court’s rule-making
citizenship which was lost pursuant to CA 63. power. (Carpio-Morales v. CA)
In the case of those who became foreign
citizens after RA 9225 took effect, they shall (c) A law prohibiting any appeal from the
retain PH citizenship despite having acquired decision or final order of the Ombudsman
foreign citizenship provided they take the oath in an administrative proceeding, except
of allegiance under the new law. through a petition for review
on certiorari filed before the Supreme
Considering that petitioner was Court.
naturalized as a Canadian citizen prior to the
effectivity of RA 9225, she belongs to the first A: The law is unconstitutional. In Fabian v.
category of natural-born Filipinos who lost Desierto, the Court invalidated Sec. 27 of RA
their PH citizenship by naturalization in a No. 6770 insofar as it provided for appeal by
foreign country, under the first paragraph of certiorari under Rule 45 from the decisions or
Sec. 3. As the new law allows dual citizenship, orders of the Ombudsman in administrative
she was able to reacquire her PH citizenship cases. Sec. 27 of RA No. 6770 had the effect, not
by taking the required oath of allegiance. only of increasing the appellate jurisdiction of
(David v. Agbay) this Court without its advice and concurrence
in violation of Sec. 30, Art. VI of the
X. Constitution, it was also inconsistent with Sec.
1, Rule 45 of the Rules of Court which provides
Sison, PKD.
that a petition for review on certiorari shall power of the Supreme Court to adopt rules of
apply only toa review of judgments or final procedure is curtailed or violated. Rather, it is
orders of the CA, the Sandiganbayan, the CTA, one in which, as is normally encountered
the RTC, or other courts authorized by law. In around the world, the laws of one State do not
the absence of concurrence by the SC< such a extend or apply except to the extent agreed
law would be unconstitutional. upon, to subjects of another State due to the
recognition of extraterritorial immunity given
XI. to such bodies as visiting foreign armed forces.
Under Section 6 of Article V (on Criminal Nothing in the Constitution prohibits

Jurisdiction) of the Visiting Forces such agreements recognizing immunity from
Agreement (VFA), the custody of a United jurisdiction or some aspects of jurisdiction, in
States (US) personnel who becomes subject relation to long-recognized subjects of such
to criminal prosecution before a Philippine immunity like Heads of State, diplomats and
court shall be with the US military members of the armed forces contingents of a
authorities, if the latter so requests. The foreign State allowed to enter another State’s
custody shall begin from the commission of territory. On the contrary, the Constitution
the offense until the completion of all states that the Philippines adopts the generally
judicial proceedings. However, when accepted principles of international law as
requested, the US military authorities shall part of the law of the land. (Art. II, Sec. 2)
make the US personnel available to
Philippine authorities for any investigative Neither is the equal protection clause
or judicial proceeding relating to the violated because there is a substantial basis for
offense with which the person has been a different treatment of foreign military armed
charged. In the event that the Philippine forces allowed to enter our territory and all
judicial proceedings are not completed other accused. (Nicolas v. Romulo)
within one year, the US shall be relieved of
any obligation under Section 6. XII.
The constitutionality of Section 6, Article V Section 9 of P.O. No. 1606, as amended,

of the VFA is challenged on two grounds: provides that the Sandiganbayan may
(1) it nullifies the exclusive power of the adopt internal rules governing the
Supreme Court to adopt rules of procedure allotment of cases among its divisions, the
for all courts in the Philippines; and (2) it rotation of justices among them, and other
violates the equal protection clause to the matters relating to the internal operations
extent that it allows the transfer of the of the court.
custody of an accused to a foreign power as
providing a different rule of procedure for Section 6 of Article IX-A of the Constitution
that accused. allows each of the Constitutional
Commissions "en bane [to] promulgate its
Rule on the challenge. own rules concerning pleadings and
practice before it or before any of its
A: The challenge is without merit. offices. Such rules however shall not
diminish, increase, or modify substantive
The rule in international law is that rights."
foreign armed forces allowed to enter one’s
territory are immune from local jurisdiction, Section 16(3) of Article VI of the
except to the extent agreed upon. As a result, Constitution states that "Each House may
the situation involved is not one in which the determine the rules of its proceedings."
Sison, PKD.
Section 21, Article VI of the Constitution taking PhP500.00 from a motorist who
further provides that "The Senate or the supposedly beat a red light.
House of Representatives or any of its
respective committees may conduct After he was apprehended, PO1 Adrian was
inquiries... in accordance with its duly required to submit a sample of his urine.
published rules of procedure." The drug test showed that he was positive
for dangerous drugs. Hence, PO1 Adrian
Finally, Section 3(8) of Article XI of the was charged with violation of Section 15,
Constitution declares that "The Congress Article II of R.A. No. 9165 or the
shall promulgate its rules on impeachment Comprehensive Dangerous Drugs Act of
to effectively carry out the purposes of this 2002.
section."
PO1 Adrian argues against the
Are the rules promulgated pursuant to admissibility of the urine test results and
these provisions subject to review and seeks its exclusion. He claims that the
disapproval by the Supreme Court? mandatory drug test under R.A. No. 9165 is
a violation of the accused's right to privacy
A; Sec. 5(5) of Art. VIII of the Constitution and right against self-incrimination.
clearly provides that the Rules of procedure of
special courts and quasi-judicial bodies shall Are PO1 Adrian's contentions correct?
remain effective unless disapproved by the
Supreme Court. Accordingly, it is clear that the A: PO1 Adrian is correct that his rights to
Supreme Court may review and reverse the privacy and against self-incrimination have
rules of procedure of the Sandiganbayan and been violated. The results of the confirmatory
the Constitutional Commissions. urine test should therefore be rejected as
evidence against him.
With respect to the rules of procedure
of Congress in its proceedings, legislative It should be noted that RA 9165 allows
inquiries and on impeachment, while these the conduct of urine tests only for persons
rules may be generally considered as political arrested for acts prohibited under said law,
questions, when questioned before the courts such as, among others, the manufacturing,
in a proper case, they would nevertheless be sale, use or possession of illegal drugs, and not
subject to the power of judicial review under for any unlawful act, like extortion, for which
the second paragraph of Sec. 1, Art. VIII of the PO1 Adrian was arrested. (De la Cruz v.
Constitution, which authorizes it to review and People)
annul all acts of any branch or instrumentality
of the government which may be tainted with XIV.
grave abuse of discretion amounting to lack or
excess of jurisdiction. Amoroso was charged with treason before
a military court martial. He was acquitted.
XIII.
He was later charged with the same offense
PO1 Adrian Andal is known to have taken before a Regional Trial Court. He asks that
bribes from apprehended motorists who the information be quashed on the ground
have violated traffic rules. The National of double jeopardy.
Bureau of Investigation conducted an
entrapment operation where P01 Adrian The prosecution objects, contending that
was caught red-handed demanding and for purposes of double jeopardy, the
Sison, PKD.
military court martial cannot be The doctrine of governmental

considered as a "competent court." immunity from suit cannot serve as an
instrument for perpetrating an injustice on a
Should the Regional Trial Court grant citizen. Here, the alleged failure to abide by the
Amoroso's motion to quash on the ground conditions under which a donation was given
of double jeopardy? should not prove an insuperable obstacle to a
civil action, the consent likewise being
A: Yes, the Motion to Dismiss should be presumed when the State entered into a
granted. contract. Under the circumstances, the
fundamental postulate of non-suability of the
A defendant, having been acquitted of state cannot stand in the way. (Santiago v.
a crime by a court martial of competent Republic)
jurisdiction proceeding under lawful authority
cannot be subsequently tried for the same XVI.
offense in a civil court.
Five foreign nationals arrived at the NAIA
It appearing that the offense charged from Hong Kong. After retrieving their
in the Court Marial and in the RTC is the same, checked-in luggage, they placed all their
that the military court had jurisdiction to try bags in one pushcart and proceeded to
the case and that both courts derived their Express Lane 5. They were instructed to
powers from one sovereignty, the acquittal by place their luggage on the examiner's table
the military court should be a bar to Amoroso’s for inspection.
further prosecution for the same offense in the
RTC. (Crisologo v. People) The examiner found brown-colored boxes,
similar in size to powdered milk boxes,
XV. underneath the clothes inside the
foreigners' bags. The examiner discovered
Annika sued the Republic of the white crystalline substances inside the
Philippines, represented by the Director of boxes that he inspected and proceeded to
the Bureau of Plant Industry, and asked for bundle all of the boxes by putting masking
the revocation of a deed of donation tape around them. He thereafter handed
executed by her in favor of said Bureau. She the boxes over to Bureau of Customs
alleged that, contrary to the terms of the agents. The agents called out the names of
donation, the donee failed to install the foreigners one by one and ordered
lighting facilities and a water system on the them to sign their names on the masking
property donated, and to build an office tape placed on the boxes recovered from
building and parking lot thereon, which their respective bags. The contents of the
should have been constructed and made boxes were thereafter subjected to tests
ready for occupancy on or before the date which confirmed that the substance was
fixed in the deed of donation. shabu.
The Republic invoked state immunity and Can the shabu found inside the boxes be
moved for the dismissal of the case on the admitted in evidence against the five
ground that it had not consented to be foreigners for the charge of illegal
sued. Should the Republic's motion be possession of drugs in violation of the
granted? Comprehensive Dangerous Drugs Act of
2002?
A: The motion should be denied.
Sison, PKD.
A: No, those boxes containing the shabu are A: Ariston was already under custodial
inadmissible in evidence against them. investigation when he confessed to the police.
It is admitted that the police failed to inform
The signatures of the accused on the him of his constitutional rights when he was
boxes constitute tacit admissions of the crime investigated and interrogated. His confession
charged and are tantamount to uncounselled to the police is therefore inadmissible in
extra-judicial confessions which are not evidence.
sanctioned by the Bill of Rights. They are,
therefore, inadmissible as evidence for any However, his confession before the
admission wrung from them in violation of mayor is admissible. While it may be true that
their constitutional rights is admissible a mayor has operational supervision and
against them. The fact that all accused were control over the local police and may arguably
foreign nationals does not preclude be deemed a law enforcement officer for
application of the exclusionary rule because purposes of applying Section 12 (1) and (3) of
the constitutional guarantees embodies in the Art. III of the Constitution, Ariston’s confession
Bill of Rights are given and extend to all to the mayor, as described in the problem, was
persons, both aliens and citizens. (People v. not made in response to any interrogation by
Wong Chuen Ming) the latter. In fact, the mayor did not appear as
having questioned Ariston at all. No police
XVII. authority ordered Ariston to talk to the mayor.
It was he himself who spontaneously, freely
The police served a warrant of arrest on and voluntarily sought the mayor for a private
Ariston who was suspected of raping and meeting. The mayor did not know that he was
killing a female high school student. While going to confess his guilt to him. When he
on the way to the police station, one of the talked with the mayor as a confidant and not
police officers who served the warrant as a law enforcement officer, his uncounselled
asked Ariston in the local dialect if he really confession to the Mayor did not violate his
raped and killed the student, and Ariston constitutional rights.
nodded and said, "Opo." Upon arriving at
the police station, Ariston saw the City His confession to the media can
Mayor, whom he approached and asked if likewise be properly admitted. The
they could talk privately. The Mayor led confessions were made in response to
Ariston to his office and, while there in questions by news reporters, not by the police
conversation with the Mayor, Ariston or any other investigating officer. Statements
broke down and admitted that he raped spontaneously made by suspects to news
and killed the student. The Mayor reporters during televised interviews are
thereafter opened the door of the room to deemed voluntary and are admissible in
let the public and media representatives evidence.
witness Ariston's confession. In the
presence of the Mayor, the police and the XVIII.
media, and in response to questions asked
by some members of the media, Ariston Two police teams monitored the payment
sorrowfully confessed his guilt and sought of ransom in a kidnapping case.
forgiveness for his actions.
The bag containing the ransom money was
Which of these extrajudicial confessions, if placed inside an unlocked trunk of a car
any, would you consider as admissible in which was parked at the Angola
evidence against Ariston? Commercial Center in Mandaluyong City.
Sison, PKD.
The first police team, stationed in an area informed as to who the kidnappers were. This
near where the car was parked, witnessed is equivalent to personal knowledge based on
the retrieval by the kidnappers of the bag probable cause. (People v. Uyboco)
from the unlocked trunk. The kidnappers
thereafter boarded their car and XIX.
proceeded towards the direction of
Amorsolo St. in Makati City where the President Alfredo died during his third
second police team was waiting. year in office. In accordance with the
Constitution, Vice President Anastasia
Upon confirmation by radio report from succeeded him. President Anastasia then
the first police team that the kidnappers nominated the late President Alfredo's
were heading towards their direction, the Executive Secretary, Anna Maria, as her
second police team proceeded to conduct replacement as Vice President. The
surveillance on the car of the kidnappers, nomination was confirmed by a majority of
eventually saw it enter Ayala Commercial all the Members of the House of
Center in Makati City, and the police team Representatives and the Senate, voting
finally blocked it when it slowed down. The separately.
members of the second police team
approached the vehicle and proceeded to (a) Is Anna Maria's assumption as Vice
arrest the kidnappers. President valid?
Is the warrantless arrest of the kidnappers A: No, Anna Maria’s assumption is

by the second police team lawful? unconstitutional because only a member of the
Senate or House of Representatives may be
A: The warrantless is lawful. nominated by a successor-President as Vice
President. (Art. VII, Sec. 9)
There are two requirements before a
warrantless arrest can be effected under Sec. (b) Can Anastasia run as President in the
5(b), Rule 113, Rules of Court: (1) an offense next election?
has just been committed, and (2) the person
making the arrest has personal knowledge of A: Yes, Anastacia can still run as President in
facts indicating that the person to be arrested the next election since she has served for less
has committed it. than four years. Sec. 4, Art. VII of the
Constitution provides that no person who has
Both requirements are present in the succeeded as President and has served as such
instant case. The first police team present in for more than four years shall be qualified for
the Angola Commercial Center was able to election to the same office at any time.
witness the pay-off which effectively
consummated the crime of kidnapping. Its XX.
team members all saw the kidnappers take the
money from the car trunk. Such knowledge Andreas and Aristotle are foreign nationals
was then relayed to the other police officers working with the Asian Development Bank
comprising the second police team stationed (ADS) in its headquarters in Manila. Both
in Amorsolo St. where the kidnappers were were charged with criminal acts before the
expected to pass. local trial courts.
It is sufficient for the arresting team Andreas was caught importing illegal drugs
that they were monitoring the pay-off for a into the country as part of his "personal
number of hours long enough for them to be effects" and was thus charged with
Sison, PKD.
violation of Comprehensive Dangerous covered by the immunity agreement because

Drugs Act of 2002. Before the criminal our laws do not allow the commission of a
proceedings could commence, the crime, such as defamation, under the guise of
President had him deported as an official duty. Under the Vienna Convention on
undesirable alien. Aristotle was charged Diplomatic Relations, a diplomatic envoy
with grave oral defamation for uttering enjoys immunity from criminal jurisdiction of
defamatory words against a colleague at the receiving state except in the case of an
work. In his defense, Aristotle claimed action relating to any professional or
diplomatic immunity. He presented as commercial activity exercised by the
proof a communication from the diplomatic agent outside his official functions
Department of Foreign Affairs stating that, in the receiving state. The commission of a
pursuant to the Agreement between the crime is not part of official duty. (Liang v.
Philippine Government and the ADS, the People.
bank's officers and staff are immune from
legal processes with respect to acts 2019
performed by them in their official
capacity. PART I
(a) Can the President's act of deporting an A.1.

undesirable alien be subject to judicial
review? Define the following terms:
A: The power to deport aliens is an act of State, (a) Jus cogens
an act done by or under the authority of the
sovereign power. It is a police measure against
A: Jus cogens means the “compelling law”.
undesirable aliens whose continued presence
in the country is found to be injurious to the
A jus cogens norm holds the highest
public good and the domestic tranquility of the
hierarchical position among all other
people. (Rosas v. Montor) An act of State is one
customary norms and principles. As a result,
done by the sovereign power of a country, or
jus cogens norms are deemed peremptory and
by its delegate, within the limits of the power
non-derogable.
vested in him. An act of State cannot be
questioned or made the subject of legal
proceedings in a court of law. With particular (b) Principle of double criminality
reference to Political Law, an act of State is an
act done by the political departments of the A: Under the double or dual criminality
government and not subject to judicial review. principle, the act for which the extradition is
sought must be punishable in both the
(b) Is Aristotle's claim of diplomatic requesting and the requested state. (Gov’t of
immunity proper? Hongkong Special Administrative Region v.
Munoz)
A: The claim of diplomatic immunity is
improper. Courts cannot blindly adhere to and (c) Act of State doctrine
take on its face the communication from the
DFA that Aristotle is covered by immunity. The A: An act of state is an act done by the
DFA’s determination that a certain person is sovereign power of a country, or by its
covered by immunity is only preliminary and delegate, within the limits of the power vested
has no binding effect on courts. Besides, in him. An act of State cannot be questioned or
slandering a person cannot possibly be made the subject of legal proceedings in a
court of law. It is an act done by or under the
Sison, PKD.
authority of the sovereign power. (Rosas v. exploring and exploiting, conserving and
Montor) managing the natural resources, whether
living or non-living, of the waters superjacent
(d) Precautionary principle to the seabed and of the seabed and its subsoil,
and with regard to other activities for the
A: Under the so-called precautionary principle, economic exploitation and exploration of the
in order to protect the environment, the zone, such as the production of energy from
precautionary approach shall be widely the water, currents and winds; (b) jurisdiction
applied by States according to their as provided for in the relevant provisions of
capabilities. Where there are threats of serious this Convention with regard to: (i) the
or irreversible damage, lack of full scientific establishment and use of artificial islands,
certainty shall not be used as a reason for installations and structures; (ii) marine
postponing cost-effective measures to prevent scientific research; (iii) the protection and
environmental degradation. preservation of the marine environment; (c)
other rights and duties provided for in this
A.2. Convention. (Art. 56 (1))
Under the United Nations Convention on In exercising its rights and performing
the Law of the Sea (UNCLOS), what are the its duties under this Convention in the
rights of the Philippines within the exclusive economic zone, the coastal State
following areas: shall have due regard to the rights and duties
of other States and shall act in a manner
(a) Contiguous zone compatible with the provisions of this
Convention. (Art. 56 (2))
A: Under Art. 33 of the UNCLOS III, the
contiguous zone may not extend beyond 24 A.3.
nautical miles from the baselines from which
the breadth of the territorial sea is measured. The Humanitarian Services Society (HSS),
In a zone contiguous to its territorial sea, an international non-government
described as the contiguous zone, the coastal organization, assisted the displaced
State may exercise the control necessary to: families of Tribe X who had to flee their
(a) prevent infringement of its customs, fiscal, home country in order to escape the
immigration or sanitary laws and regulations systematic persecution conducted against
within its territory or territorial sea; (b) them by their country’s ruling regime
punish infringement of the above laws and based on their cultural and religious
regulations committed within its territory or beliefs. Fearing for their lives, some of
territorial sea. these displaced families, with the help of
HSS, were able to sail out into the sea on a
(b) Exclusive economic zone boat which eventually landed in Palawan.
The Philippine Coast Guard intended to
push back the boat with 15 passengers.
A: The exclusive economic zone of a coastal
State shall not extend beyond 200 nautical
miles from the baselines from which the An affiliate of HSS in the Philippines
breadth of the territorial sea is measured. intervened on behalf these displaced
(UNCLOS, Art. 57) families, claiming that they are refugees
under international law and hence, should
not be expelled from our territory.
UNCLOS III provides that in the
exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of
Sison, PKD.
May the displaced families of Tribe X be taken into custody or otherwise deprived of
considered "refugees" under international his freedom of action in any significant way.
law? Explain. Custodial investigation commences when a
person is taken into custody and is singled out
A: Yes, their consideration as refugees under as a suspect in the commission of a crime
international law would be consistent with the under investigation and the police officers
provisions of the 1951 Convention Relating to begin to ask questions on the suspect’s
the Statute of Refugees, Article 1 (A), participation therein and which tent to elicit
paragraph 2 of which defines a refugee as one an admission. (People v. Cabanada)
who, owing to a well-founded fear of being
persecuted for reasons of, among others, race Sec. 12 of Art. III of the Constitution
or religion, such as the displaced families of provides for the rights of a person under
Tribe X, is outside the country of his custodial investigation. Thus –
nationality and is unable or, owing to such
fear, is unwilling to avail himself of the (1) Any person under investigation for the
protection of that country; or one who, not commission of an offense shall have the right
having a nationality and being outside the to be informed of his right to remain silent and
country of his former habitual residence as a to have competent and independent counsel
result of such events, is unable or, owing to preferably of his own choice. If the person
such fear, is unwilling to return to it. cannot afford the services of counsel, he must
be provided with one. These rights cannot be
A.4. waived except in writing and in the presence
of counsel.
Mrs. W supplies the Philippine National
Police (PNP) with uniforms every year. Last (2) No torture, force, violence, threat,
month, he and two (2) other officers of the intimidation, or any other means which vitiate
PNP conspired to execute a "ghost the free will shall be used against him. Secret
purchase", covered by five (5) checks detention places, solitary, incommunicado, or
amounting to ₱200,000.00 each, or a total other similar forms of detention are
of ₱1,000,000.00. An investigating prohibited.
committee within the PNP, which was
constituted to look into it, invited Mrs. W, (3) Any confession or admission obtained in
among others, for an inquiry regarding the violation of this or Section 17 hereof shall be
anomalous transaction. Mrs. W accepted inadmissible in evidence against him.
the invitation but during the committee
hearing, she stated that she will not answer (4) The law shall provide for penal and civil
any question unless she be provided with sanctions for violations of this section as well
the assistance of a counsel. The PNP as compensation to and rehabilitation of
officials denied her request; hence, she no victims of torture or similar practices, and
longer participated in the investigation. their families.
(a) What is a custodial investigation? (b) Was the PNP’s denial of Mrs. W’s
Under the 1987 Constitution, what are the request violative of her right to counsel in
rights of a person during custodial the proceedings conducted before the PNP?
investigation? Explain.
A: A custodial investigation has been A: It is submitted that the PNP’s denial of Mrs.
understood to refer to any questioning by law W’s request that she be provided with the
enforcement officers after a person has been assistance of counsel is not violative of her
Sison, PKD.
right to counsel, which is available only during a limited protective search of outer clothing
so-called custodial investigations. for weapons.
It is established that mere While probable cause is not required

administrative investigations are not to conduct a stop and frisk, it nevertheless
considered as covered by Sec. 12, which is holds that mere suspicion or a hunch will not
limited to criminal investigations. (Remolona validate a stop and frisk. A genuine reason
v. CSC) must exist, in light of the police officer’s
experience and surrounding conditions, to
A.5. warrant the belief that the person may be
stopped and frisked. (Malacat v. CA)
At about 5:30 A.M. of September 15, 2019
Police Senior Inspector Officer A of the (b) Was the stop and frisk rule validly
Manila Police District Station received a invoked by Officer A? If not, what is the
text message from an unidentified civilian effect on the drugs seized as evidence?
informer that one Mr. Z would be meeting Explain.
up later that morning with two (2)
potential sellers of drugs at a nearby A: It is submitted that Officer A could not have
restaurant. As such, Officer A decided to validly conducted a valid stop and frisk search.
hang around the said place immediately.
It bears emphasis that he approached
At about 9:15 A.M., two (2) male X and Y, both of whom had just alighted from
passengers. Named A and Y, who were each the bus and were about to enter the
carrying a traveling bag, alighted from a restaurant, simply by reason of a signal from
bus in front of the restaurant. A transport the lookout, the barker, to the effect that they
barker, serving as a lookout for Officer A, were suspicious-looking. There is no showing
signaled to the latter that X and Y were that Officer A was concerned, there was no
"suspicious-looking." observable manifestation that could have
aroused his suspicion as to cause him to stop
As the two were about to enter the and frisk X and Y. To reiterate, the latter were
restaurant, Officer A stopped them and merely entering a restaurant after they got off
asked about the contents of their bags. the bus when they were stopped by Officer A.
Dissatisfied with their response that the (People v. Aruta)
bags contained only clothes, Officer A
proceeded to search the bags and found A.6.
packs of shabu therein. Thus, X and Y were
arrested, and the drugs were seized from A committee of the Senate invited Mr. X and
them. According to Officer A, a warrantless Mr. Y, the Secretary of Foreign Affairs and
search was validly made pursuant to the Secretary of Energy, respectively, as
stop and frisk rule; hence, the consequent resource speakers for an inquiry in aid
seizure of the drugs was likewise valid. legislation. Mr. X refused to attend, arguing
that the Senate, not its committee, has the
(a) What is the stop and frisk rule? power to compel attendance. Meanwhile,
Mr. Y attended the committee hearing but
A: The stop and frisk rule, which is upon being asked about discussions made
acknowledged as among the exceptions to the during a closed-door cabinet meeting, he
rules against warrantless searches and refused to answer invoking executive
seizures, is generally recognized as a privilege. The committee members
protective seizure and search for weapons or insisted that Mr. Y answer the question
Sison, PKD.
pursuant to the right of Congress to It is submitted that Mr. Y, who merely

information from the executive branch. refused to answer and merely invoked
executive privilege did not properly discharge
(a) Based on his argument, is Mr. X’s non- this burden.
appearance permissible? Explain.
A.7.
A: No, X’s non-appearance is not permissible.
The continuing threat to the security of the
The power to conduct legislative State in various parts of the country
inquiries in aid of legislation, which entails or prompted the National Security Adviser of
includes coercive authority to compel the the President to adopt a "Comprehensive
attendance of witnesses, or resource persons, National Security Strategy (CNSS)" with the
such as Mr. X, under pain of contempt (Arnault following components:
v. Nazareno), can be exercised by either
chamber of the Congress, or by any of its Component 1: During a state of emergency,
respective Committees. the President, in the exercise of his power
of general supervision, may delegate to the
(b) Is Mr. Y’s refusal to answer based on heads of local government units (LGUs),
executive privilege valid? Explain. through an administrative issuance, the
power to call-out the Armed Forces of the
A: No, Mr. Y may not be allowed to refuse to Philippines (AFP) for a more effective and
answer on the ground of executive privilege. immediate response to the ground
situation; and Component 2: In declaring
While information pertinent to closed- Martial Law, the President, in a preemptive
door cabinet meetings can generally be action and without waiting for the
recognized as privileged (Chavez v. PCGG), it recommendation of the Secretary of
must be remembered that executive privilege National Defense and the AFP, may rely
is available only to the {resident, or to a upon any intelligence information he may
delegate or subordinate, who may be allowed have gathered through other sources.
to invoke it but only upon prior express
authorization of the President. (Senate v. Disturbed by the strategy’s supposed
Ermita) infirmities, a concerned citizens’
organization raised the constitutionality of
Moreover, while it has also been held the two (2) components of the CNSS before
that, although executive privilege is properly the Supreme Court.
invoked in relation to specific categories of
information, not to categories of persons (a) Is component 1 of the CNSS
(Senate v. Ermita), it must still be remembered constitutional? Explain.
that for a mere subordinate, such as Mr. Y, to
be allowed to invoke it, he must clearly assert A: No, it is not constitutional.
it by specifying the grounds for the exemption.
In case of denial of access to the information, it Under the Constitution, it is only the
is the government agency concerned that has President who may exercise military powers
the burden of showing that the information under Sec. 18 of its Art. VII. This may not be
sought to be obtained is not a matter of public delegated by him, as in this case, to heads of
concern, or that the same is exempted from the local government units. (Jamar Kulayan, et. al.,
coverage of the constitutional guarantee. v. Gov. Abdusakur M. Tan)
(Sereno v. Committee on Trade and Related
Matters of the NEDA)
Sison, PKD.
(b) Is component 2 of the CNSS Meanwhile. Mayor X won another term

constitutional? Explain. during the May 2013 Elections and Y
continued on as his City Administrator. A
A: Yes, Component 2 of the CNSS is not year after, or in May 2014, administrative
unconstitutional. charges for grave misconduct, serious
dishonesty, and conduct prejudicial to the
The only pertinent conditions best interest of the service were filed
prescribed under the Constitution for his against them before the Office of the
exercise of the power to declare martial law Ombudsman. In defense, Mayor X argued
are, among others, it must be on the ground of that his subsequent reelection in May 2013
invasion or rebellion, when the public safety absolved him from any administrative
requires it. (Art. VII, Sec. 18) liability for any alleged anomalous activity
during his first term in office.
Prior recommendations from the
Secretary of National Defense and the AFP are Y raised the same defense of condonation,
not among the conditions prescribed under having been retained by Mayor X as City
the Constitution for his exercise of said power. Administrator for a second term. On
December 10, 2015, the Ombudsman
It has been held that since these rendered its ruling in the case, finding both
extraordinary military powers are conferred Mayor X and Y administratively liable.
by the Constitution with the President as Citing the Supreme Court’s Decision
Commander-in-Chief, it therefore necessarily in Carpio-Morales v. Court of Appeals (G.R.
follows that the power and prerogative to Nos. 217126-27), which was initially
determine whether the situation warrants his promulgated on November 10, 2015, the
declaration of marital law also lies exclusively, Ombudsman rejected their defense of
or at least initially, with him. Accordingly, it condonation. With the motions for
has been ruled that, so long as there exists reconsideration of Mayor X and Y having
factual basis which leads him to believe that been denied by the Ombudsman on March
there is probable cause as to the existence of 10, 2016, they elevated thee matter to the
any of the grounds for his declaration of Court of Appeals.
martial law, such determination must be
respected. (Lagman v. Medialdea) (a) Did the Ombudsman err in not giving
credence to the defense of condonation as
A.8. raised by Mayor X? explain.
Mayor X and his City Administrator, Y, are A: The Ombudsman erred in rejecting Mayor
political buddies who assumed their X’s defense of condonation.
respective offices in 2010. Sometime in
January 2012, Y proposed to Mayor X the As held in the Carpio case, the
entry into a ₱5,000,000.00 loan agreement abandonment of the condonation doctrine
with ABC Foundation, a non-stock and non- should be prospective in application for the
profit organization in which the two had a reason that judicial decisions applying or
long-standing personal involvement. The interpreting the laws or the Constitution, until
loan agreement was duly executed in the reversed, shall form part of the legal system of
same year but was never authorized and the Philippines.
approved by the Sangguniang
Panlungsod. It was further found that the Since the administrative case against
same constituted a fraudulent scheme to Mayor X was based on acts committed by him
defraud the City Government. before the promulgation of the Carpio
Sison, PKD.
decision, or prior to Nov. 10, 2015, said their role of promoting their children’s well-
administrative case should properly be being.
considered as barred by reason of his re-
election in 2013. Said re-election, according to They be validly imposed by the State as
the doctrine, should be considered as a parens patriae, and be considered as its
condonation of whatever administrative inherent right and duty to aid parents in the
offenses he may have committed prior to the moral development of their children, and,
same. thus, assumes a supporting role for parents to
fulfill their parental obligations. Under the
(b) How about Y? Can he validly invoke the Constitution, the State can properly conclude
condonation doctrine to absolve him of the that parents and others, teachers for example,
charge? Explain. who have the primary responsibility for
children’s well-being, are entitled to the
A: No, he cannot. support of the laws designed to aid discharge
of that responsibility. (SPARK v. Quezon City)
The condonation doctrine does not
apply to appointive officials. It only applies to (b) Does the curfew ordinance infringe any
elective officials. (CSC v. Sojor) of the minors’ fundamental rights? Explain.
A.9. A: The subject ordinances can be considered as

unduly impairing minors’ reasonable exercise
The unabated rise of criminality and the of their rights of association, free exercise of
reported identification of delinquent religion, rights to peaceably assemble, and of
children loitering in the wee hours of the free expression, among others.
night prompted City Z to implement a
curfew ordinance. Minors unaccompanied Their freedom of association and right
or unsupervised on the streets by their to peaceful assembly can be considered as
parents or guardians between 10:00 P.M. to effectively curtailed because they are hindered
5:00 A.M. may be apprehended by law from participating in legitimate activities
enforcers subject to certain exclusive during certain hours of the day, like political
exceptions. These exceptions are: 1. rallies or school meetings, as they may be
minors running lawful errands, such as apprehended if they are caught out on the
buying of medicines, using of streets at the specified hours, even if they
telecommunications facilities for would be just on their way to or returning
emergency purposes and the like; 2. night from said legitimate activities. This hindrance
school students; and 3. Minors working at necessarily includes a suppression of their
night. religious freedom as they would be, by reason
of said curfew ordinance, effectively be
Minors apprehended for violation of the prevented from attending religious activities
curfew ordinance shall be required to during the specified hours. Needless to state,
undergo counseling, accompanied by their all of these prohibitions constitute
parents/guardians. curtailments on their freedom of expression.
(SPARK v. Quezon City)
(a) Does the curfew ordinance violative the
primary right and duty of parents to rear A.10.
their children? Explain.
An Information for Estafa was filed against
A: No, the Curfew Ordinances are but examples the accused, Mr. D. During the course of the
of legal restrictions designed to aid parents in trial, Mr. D filed a motion to dismiss for
Sison, PKD.
failure to prosecute the case for a It is established that a dismissal, even

reasonable length of time. Opposing the if with the express consent of the accused, will
motion, the prosecution argued that its give rise to double jeopardy if the same is
failure to present its witnesses was due to based on a violation of the right of the accused
circumstances beyond its control. to a speedy trial. (People v. Anano) Under said
Eventually, the trial court dismissed the ground, the dismissal would be tantamount to
case with finality on the ground that Mr. D’s an acquittal. (Tan v. People)
right to speedy trial was violated.
PART II
A month after, the same criminal case
for Estafa was refilled against Mr. D, B.11.
prompting him to file a motion to dismiss
invoking his right against double jeopardy. Atty. G ran for Governor of the Province of
The prosecution opposed the motion, Pampanga, while his close friend, Atty. M,
arguing that the first criminal case ran for Mayor of the Municipality of
for Estafa was dismissed with the express Guagua, Pampanga. They both won
consent of the accused as it was, in fact, convincingly. Eventually, the losing
upon his own motion. Moreover, it was candidates timely filed election protests.
already able to secure the commitments of The losing gubernatorial candidate, Mr. A,
its witnesses to appear; hence, it would be filed his protest before the Regional Trial
prejudicial for the State if the case were to Court of Pampanga (RTC), whereas the
be dismissed without trial. losing mayoralty candidate, Mr. B, filed his
protest before the Municipal Trial Court of
(a) For double jeopardy to attach, what Guagua, Pampanga (MTC).
requisites must exist?
(a) What are the term limits for the
A: The rule is that no person shall be twice put positions of Atty. G and Atty. M?
in jeopardy of punishment for the same
offense. If an act is punished by a law and an A: Being local elective officials, their term
ordinance, conviction or acquittal under either limits are basically governed by Sec. 8 of Art. X
shall constitute a bar to another prosecution of the Constitution, which prescribes that the
for the same act. (Art. III, Sec. 21, Const) term of office of elective local officials, except
barangay officials, which shall be determined
Accordingly, double jeopardy attaches by law, shall be three years and no such official
when the following elements concur: (1) the shall serve for more than three consecutive
accused is charged under a complaint or terms. Voluntary renunciation of the office for
information sufficient in form and substance any length of time shall not be considered as
to sustain their conviction; (2) the court has an interruption in the continuity of his service
jurisdiction; (3) the accused has been for the full term for which he was elected.
arraigned and has pleaded; and (4) he/she is
convicted or acquitted, or the case is dismissed Moreover, under Sec. 43 of the LGC, the
without his/her consent. (David v. Marquez) term of office of all local elective officials
elected shall be 3 years and no local elective
(b) Rule on Mr. D’s present motion. official shall serve for more than 3 consecutive
terms in the same position. Voluntary
A: Mr. D’s motion to dismiss should be granted. renunciation of the office for any length of time
shall not be considered as an interruption in
The second case for the same offense is the continuity of service for the full term for
barred by double jeopardy.
Sison, PKD.
which the elective official concerned was Omnibus Elections Code and rendered
elected. ineffective Sec. 11 of RA 8436 insofar as it
considered an elected official is not deemed to
(b) Does the RTC have jurisdiction over the have resigned from his office upon the filing of
case filed by Mr. A? Explain. his certificate of candidacy for the same or any
other elected office or position. In fine, an
A: No, the RTC does not have jurisdiction over elected official may run for another position
the case filed by Mr. A because gubernatorial without forfeiting his seat. (Quinto v.
election contests are cognizable by the COMELEC)
Commission on Elections, which has exclusive
original jurisdiction over all contests relating (b) Assuming that W is instead, an
to the elections, returns, and all qualifications incumbent Undersecretary of the
of all elective regional, provincial, and city Department of National Defense, what is
officials. (Art. IX-C, Sec. 2, Const) the effect of the filing of his CoC for the
position of Governor of Albay to said post?
(c) Does the MTC have jurisdiction over the Explain.
case filed by Mr. B? Explain.
A: He shall be considered as ipso facto
A: No, the MTC, which is considered as a court resigned from his office upon the filing of his
of limited jurisdiction, does not have COC for the position of Governor.
jurisdiction over the case filed by Mr. A
because mayoralty election contests are Under Sec. 13 of RA 9369, which
cognizable by trial courts of general reiterates Sec. 66 of the OEC, any person
jurisdiction. (Art. IX-C, Sec. 2, Const.) holding a public appointive office or position,
including active members of the AFP, and
B.12. officers and employees in GOCCs, shall be
considered ipso facto resigned from his office
W, the incumbent Congressman of the upon the filing of his COC. (Quinto v.
Province of Albay, decided to run for COMELEC)
Governor. He filed his certificate of
candidacy (CoC) for Governor without B.13.
resigning from his post and continued
exercising his duties as Congressman, such Who are the impeachable officers under
as attending plenary sessions and the 1987 Constitution? Briefly explain the
committee hearings in the House of process of impeaching them thereunder.
Representatives.
A: Under the Constitution, the impeachable
One of W’s fiercest critics, X, claimed that W officers are the President, the Vice-President,
should not be dispensing the functions of a the Members of the Supreme Court, the
Congressman since he is deemed ipso Members of the Constitutional Commissions,
facto resigned as such upon his filing of a and the Ombudsman. (Art. XI, Sec. 2)
CoC for Governor of Albay.
The process indicated in Sec. 3 of Art.
(a) Is X’s argument correct? Explain. XI provides –
A: No, his argument is not correct. (1) The House of Representatives shall have
the exclusive power to initiate all cases of
Pursuant to Sec. 14 of RA 9006 or the impeachment.
Fair Election Act, which repealed Sec. 67 of the
Sison, PKD.
(2) A verified complaint for impeachment may subject to prosecution, trial, and punishment
be filed by any Member of the House of according to law.
Representatives or by any citizen upon a
resolution of endorsement by any Member B.14.
thereof, which shall be included in the Order of
Business within ten session days, and referred A proposal to change a provision of the
to the proper Committee within three session 1987 Constitution has been put forth as
days thereafter. The Committee, after hearing, follows:
and by a majority vote of all its Members, shall
submit its report to the House within sixty Original Text: "The Philippines is a
session days from such referral, together with democratic and republican State.
the corresponding resolution. The resolution Sovereignty resides in the people and all
shall be calendared for consideration by the government authority emanates from
House within ten session days from receipt them"
thereof.
Proposed text: "The Philippines is a
(3) A vote of at least one-third of all the democratic and socialist State. Sovereignty
Members of the House shall be necessary resides in the party and all government
either to affirm a favorable resolution with the authority emanates from it."
Articles of Impeachment of the Committee, or
override its contrary resolution. The vote of (a) Is this an amendment or revision?
each Member shall be recorded. Explain.
(4) In case the verified complaint or resolution A: The proposed text constitutes a revision.
of impeachment is filed by at least one-third of
all the Members of the House, the same shall
A revision broadly implies a change
constitute the Articles of Impeachment, and that alters a basic principle in the constitution,
trial by the Senate shall forthwith proceed. like altering the principle of separation of
powers or the system of checks-and-balances.
(5) No impeachment proceedings shall be (Lambino v. COMELEC)
initiated against the same official more than
once within a period of one year. It is submitted that the proposals to
convert the PH into a socialist state and to
(6) The Senate shall have the sole power to try make sovereignty reside in the party would
and decide all cases of impeachment. When serve to alter a basic principle to the effect that
sitting for that purpose, the Senators shall be sovereignty resides in the people.
on oath or affirmation. When the President of
the Philippines is on trial, the Chief Justice of
(b) Briefly explain the process to revise the
the Supreme Court shall preside, but shall not 1987 Constitution.
vote. No person shall be convicted without the
concurrence of two-thirds of all the Members
A: The process of revising the Constitution
of the Senate.
would necessarily entail two steps, to wit, the
making of the proposal and the ratification.
(7) Judgment in cases of impeachment shall
not extend further than removal from office
Under Sec. 1 of Art. XVII of the
and disqualification to hold any office under
Constitution, a proposal to revise the
the Republic of the Philippines, but the party
Constitution may be made or done by the
convicted shall nevertheless be liable and
Congress, upon a vote of three-fourths of all its
members; or by a constitutional convention,
Sison, PKD.
which under Sec. 3 thereof, may be established Therefore, it was proper for R to have
by the Congress, which may call the same by a assumed the office of Vice Mayor. This would
vote of two-thirds of all its Members, or by a be consistent with the aforecited rule on
majority vote of all its Members, submit to the succession under the LGC.
electorate the question of calling such a
convention. (b) Assuming that R validly assumed S’s
post, at the end of R’s term as Vice Mayor,
Any proposal to revise or any revision may he run, once more, for the position of
of the Constitution shall be valid when ratified Municipal Councilor? Or, is he prescribed
by a majority of the votes cast in a plebiscite to do so under the Local Government Code?
which shall be held not earlier than sixty days Explain.
nor later than ninety days after the approval of
such revision. (Art. XVII, Sec. 4) A: R can run again for the position of Municipal
Councilor.
B.15.
This would be consistent with the rule
R was elected as Municipal Councilor for that, when a permanent vacancy occurs in an
three (3) consecutive terms. Before the end elective position and the official merely
of the third term, Vice Mayor S died, assumed the position pursuant to the rules on
rendering his post vacant. Since R was the succession under the LGC, as in this case, then
highest-ranking Municipal Councilor, he his service for the unexpired portion of the
assumed the office of the Vice Mayor. One term of the replaced official cannot be treated
of his constituents, T, assailed R’s as one full term as contemplated under the
assumption of office, arguing that elections subject constitutional and statutory provision
should have been conducted to fill in the that that service cannot be counted in the
vacancy following the death of Vice Mayor application of any term limit (Borja, Jr. v.
S. COMELEC and Jose Capco, Jr.). If the official
runs again for the same position he held prior
(a) Is T’s contention correct? Explain. to his assumption of the higher office, then his
succession to said position is by operation of
A: No, T’s contention is not correct, because law and is considered an involuntary
there would be no need for elections. Instead, severance or interruption (Montebon v.
the rules on succession should be made to COMELEC).
apply.
B.16.
Accordingly, under Sec. 44 of the LGC,
if a permanent vacancy occurs in the office of Under the 1987 Constitution, to whom does
Mayor, the vice-mayor concerned shall each
become the Mayor. If a permanent vacancy duty/power/privilege/prohibition/disqua
occurs in the offices of the Mayor, or vice- lification apply:
mayor, the highest ranking Sanggunian
member or, in case of his permanent inability, (a) The authority to keep the general
the second highest ranking Sanggunian accounts of the Government and for such
member, shall become the Mayor or vice- period provided by law, preserve the
mayor, as the case may be. Subseuquent vouchers and other supporting documents
vacancies in the said office shall be filled pertaining thereto.
automatically by the other Sanggunian
members according to their ranking as defined A: The Commission on Audit. (Art. IX-D, Sec. 2)
herein.
Sison, PKD.
(b) The power to allow small-scale (a) Rule on the arguments of the parties.
utilization of natural resources by Filipino
citizens, as well as cooperative fish A: Mr. Z’s petition must be upheld.
farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes, The questioned law constitutes a
bays, and lagoons. violation of the principle of separation of
powers, following the rule that, once a bill has
A: The Congress. (Art. XII, Sec. 2) become a law, the Congress, or any of its
individual members, may not have any
(c) The authority to provide for the participation in its actual enforcement, which
standardization of compensation of lies in the exclusive domain of the Executive
government officials and employees. Department. (Belgica v. Exec. Secretary)
A: The Congress. (Art. IX-B, Sec. 5) (b) Assuming that the provision is declared
unconstitutional, should the
(d) The sole power to declare the existence disbursements made pursuant thereto be
of state of war. returned in light of the doctrine of
operative fact? Explain.
A: The Congress, in joint session assembled,
upon a vote of two-thirds of both Houses, A: No, the disbursements need not be
voting separately. (Art. VI, Sec. 23) returned. (Araullo v. Aquino)
(e) The power to ratify treaties and The doctrine of operative fact is
international agreements. applicable.
A: The President. (Bayan v. Zamora) Under this doctrine, the law is

recognized as unconstitutional but the effects
B.17. of the unconstitutional law, prior to its
declaration of nullity, may be left undisturbed
In 2014, Congress enacted an as a matter of equity and fair play. In fact, the
appropriation law containing a provision invocation of the operative fact doctrine is an
that gives individual legislators the admission that the law is unconstitutional. The
discretion to determine, post-enactment, operative fact doctrine is a rule of equity. As
how much funds would go to a specific such, it must be applied as an exception to the
project or beneficiary which they general rule that an unconstitutional law
themselves also determine. Consequently, produces no effects. It can never be invoked to
disbursements were made in the interim validate as constitutional an unconstitutional
pursuant thereto. act. In short, the operative fact doctrine affects
or modifies only the effects of the
Eventually, Mr. Z filed a petition unconstitutional law, not the unconstitutional
questioning the constitutionality of the law itself. (League of Cities of the PH v.
statutory provision on the grounds that it COMELEC)
violates the separation of powers principle.
B.18.
On the other hand, certain Congressman
argued that there was nothing wrong with A was appointed by the President as a
the provision because, after all, the power Commissioner of the Commission on
to appropriate belongs to Congress. Election (COMELEC) while Congress was
not in session. Pending confirmation of his
Sison, PKD.
appointment by the Commission on A: Yes, the President can reappoint A.

Appointments, A started to perform his
official functions in the COMELEC, such as There is nothing in the Constitution, or
attending en banc sessions, hearing in any existing law for that matter, which
election protests, signing Resolutions, prohibits such as reappointment.
issuing Orders, and appearing before
Congress during budget hearings. An ad interim appointment that has
lapsed by inaction of the Commission on
Atty. B questioned before the Supreme Appointments does not constitute a term of
Court the exercise of official functions by A, office. The period from the time the ad interim
stating that his ad interim appointment is appointment is made to the time it lapses is
not a permanent appointment but a neither a fixed term nor an unexpired term.
temporary one pending confirmation by (Fetalino v. COMELEC)
the Commission on Appointments, and
thus, prohibited under Article IX-C of the Accordingly, A’s reappointment
1987 Constitution which states that "[i]n no should not or cannot be considered as covered
case shall any Member [of the COMELEC] be by the general constitutional prohibition
appointed or designated in a temporary or against reappointments in the Constitutional
acting capacity." Commissions.
(a) Is Atty. B’s contention correct? Explain. B.19.
A: No, B’s contention is not correct. Candidate X, a naturalized Filipino citizen,

ran for Congressman for the Lone District
An ad interim appointment is a of Batanes. After a close electoral contest,
permanent appointment because it takes he won by a slim margin of 500 votes. His
effect immediately and can no longer be sole opponent, Y, filed an election protest
withdrawn by the President once the before the Commission on Election
appointee has qualified into office. The fact (COMELEC), claiming that X should be
that it is subject to confirmation by the disqualified to run for said position
Commission on Appointments does not alter because he is not a natural-born citizen.
its permanent character. The Constitution While the case was pending, X was
itself makes an ad interim appointment proclaimed by the Provincial Election
permanent in character by making it effective Supervisor of Batanes as the duly elected
until disapproved by the Commission on Congressman of the province.
Appointments or until the next adjournment
of Congress. (Matibag v. Benipayo) (a) Distinguish between natural-born and
naturalized citizen under the 1987
Accordingly, A’s ad interim Constitution.
appointment as Commissioner of the
Commission on Elections cannot or should not A: Under Art. IV of the Constitution, natural-
be considered as a temporary or acting born citizens are those who are citizens of the
appointments prohibited by Sec. 1(2), Art. IX- Philippines from birth without having to
C of the Constitution. (Matibag v. Benipayo) perform any act to acquire or perfect their
Philippine citizenship and those born before
(b) If the Commission on Appointments by- Jan. 17, 1973, of Filipino mothers, who elect
passed the confirmation of A, can he still be Philippine citizenship upon reaching the age of
reappointed by the President? Explain. majority.
Sison, PKD.
In turn, naturalized citizens are those Re-acquisition Act), decided to run for
who acquire Philippine citizenship either Congress and thus, filed a certificate of
through judicial naturalization under the candidacy (CoC). A citizen argued that H is
provisions of C.A. No. 473, as amended, or on ineligible for the position because of his
the basis of the Administrative Naturalization status as a dual citizen. H responded that
Law (R.A. 9139). It should be noted that both his act of filing a CoC amounted to his
laws also provide for naturalization through renunciation of foreign citizenship,
derivative mode. rendering him eligible for the position.
(b) Is X qualified to run for Congress? (a) Was H’s filing of a CoC sufficient to
Explain. renounce foreign citizenship? Explain.
A: No, X, being a naturalized Filipino citizen, is A: No, H’s filing of a CoC cannot be considered
not qualified to run for Congress because, as sufficient to renounce foreign citizenship.
under the Constitution, no person shall be a
Member of the House of Representatives Under Sec. 5 of R.A. No. 9225, on the
unless he is a natural-born citizen of the basis of which he became a dual citizen, those
Philippines. (Art. VI, Sec. 6) seeking elective public office in the Philippines
shall meet the qualifications for holding such
(c) Did X’s proclamation divest the public office as required by the Constitution
COMELEC of its jurisdiction to decide the and existing laws and, at the time of the filing
case and vest the House of Representatives of the CoC, make a personal and sworn
Electoral Tribunal (HRET) jurisdiction to renunciation of any and all foreign citizenships
hear the case? Explain. before any public officer authorized to
administer an oath. It must be noted that, upon
A: No, the proclamation of X does not serve to taking said second oath, the citizen ceases to
divest the COMELEC of its jurisdiction over the be a dual citizen. (Lopez v. COMELEC)
case. It may still decide the same despite said
proclamation. (b) Assuming that H is a dual citizen
because his parents are Filipino citizens
The rule is that the COMELEC will be and he was born in California, USA, was
divested of said jurisdiction, and the House of filing of a CoC sufficient to renounce his
Representatives Electoral Tribunal shall foreign citizenship? Explain.
exercise sole jurisdiction over the case, only
after it is shown that X would have been A: It is submitted that his filing of his CoC can
proclaimed as the winning candidate, taken be considered as sufficient for purposes of his
his proper oath and assumed office. (Reyes v. renunciation of his foreign or American
COMELEC) citizenship.
Although X may have been proclaimed, As held in Mercado v. Manzano, a dual

it is clear that he is yet to take his proper oath citizen by reason of the concurrent application
and assume office. The COMELEC therefore of the jus soli and jus sanguinis principles, as
retains its jurisdiction over his case. in the case of H, can be considered as solely a
natural-born Philippine citizen upon his filing
B.20. of a CoC for a position which requires natural-
born citizenship as a qualification.
H, a naturalized American citizen who later
became a dual citizen under Republic Act By declaring in his CoC that he is a
No. 9225 (the Citizenship Retention and Filipino citizen; that he is not a permanent
Sison, PKD.
resident or immigrant of another country; that

he will defend and support the Constitution of
the Philippines and bear true faith and
allegiance thereto and that he does so without
mental reservation, he can, as far as the laws of
this country are concerned, be considered as
having effectively repudiated his American
citizenship and anything which he may have
said before as a dual citizen.
Sison, PKD.

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Political Law and Public International Law Bar Qs – Carlo L Cruz ©

Congresswoman A, consistent with the would entitle Congress to pre-empt

imposts, which must be pursuant to the making prerogative of executive officials

The kernel of the right is against not all XII.

caretaker as to who owned the motorcycle. b. Re-classification of land by a local

A: No, KABAKA and Rudy cannot be The House Committee on Appropriations

XVII. a. May X be compelled to appear and

XIX. A: Under the operative fact doctrine, the law is

e. Principle of holdover resign from his position as

Governor Diy was serving his third term XXIV.

Thus, claims of facial overbreadth are A: The two conditions are –

XXV. Distinguish between “pocket veto” and

of former colonies on their way to full (A) No, exhaustion of administrative

2011 (B) No, the action of the DOTC

(D) false testimony. (C) Yes, the lot is already private in

(6) Althea, a Filipino citizen, bought a lot in the (B) permanence.

(B) fiscal autonomy. (D) Yes, Director Sison merely

(D) must accept such initiated (33) X, an administrative officer in the

(C) X is entitled to reinstatement but (36) In what scenario is an extensive search of

(A) the case is premature. (C) The police became suspicious

(B) Act of State Doctrine (C) undertake a separate and unofficial

(D) Jus Cogens (D) authorize the citizens arm to use

(B) No, since it discriminates between (D) City or Provincial Prosecutor.

(A) referendum. (B) invalid for being ultra vires.

(B) plebiscite. (C) a valid exercise of police power.

(C) initiative. (D) invalid for being discriminatory.

(D) certification. (53) Small-scale utilization of natural

(B) will subject him to a quo warranto (C) the President.

(B) Secretary of Justice. (A) a discretionary duty.

impeachment proceedings is not Mayor in the next succeeding election without

(B) Congress increases the budget (A) delegated power.

may appear by counsel or representative (C) to arrest persons committing

(A) he is charged with a light offense. (D) to raid a suspected haven of

(A) to enforce customs laws. (C) unusual penal methods.

(A) the means employed is not against (B) zoning power.

(C) publicly converging with patrons properties claimed by the Presidential

(A) No, because those department (C) not be restrained on ground of

(89) When the President contracted a (A) the Secretary of Justice.

(B) independently of the Ombudsman, (B) Yes, because relatives of the

functions of government into three 12. Dual allegiance by citizen is:

b. law granting an administrative a. 250,000;

d. Yes, because as priest, Fr. Gal a. right to academic freedom;

c. private individuals acting on d. Yes, because there is no clear

a. preliminary investigation; b. grave danger of invasion or

b. which mitigates a crime or c. intergenerational

62. The President cannot grant pardon in d. Statement of personal assets,

71. Optional religious instruction in public an alleged offender or fugitive criminal

dismissed. The City of Mandaluyong a. agency statement of general

d. as far as practicable, publish or b. the findings of fact of the

living, or by adopting a profession or a. there is a need for an

reversed. The accused was deprived of A:

I. b. The exercise of one’s right to travel or

a. Mr. Violet challenges the conditions A verified impeachment complaint was

transmittal to the Senate because and the imposition of special penalties

A police line-up is not part of the IV.

through letters or telegrams or during law requiring it.” (Bayan Muna v.

b. Distinguish briefly between Quo The so-called overbreadth doctrine

challenges against the constitutionality of a. Police officers who were

(B) Can XYZ Corp. sue the Bureau of III.