Professional Documents
Culture Documents
ANSWERS
TO BAR EXAMINATION
IN
FORWARD
the issues touched by the Philippine Bar Examinations and its trend.
POLITICAL LAW
It is specially intended for law students from the provinces who,
We
goodwould (1987 – 2006)
like to seek the indulgence of the reader for some Bar
karma.
Updated
limited knowledge of the law. We would like to seek the reader’s
by:
Romualdo L. Señeris II, LLB.
indulgence for a lot of typographical errors in this work.
April 19, 2007
The Authors
ALTERNATIVE ANSWER:
SOVEREIGN RIGHTS — for the purpose of
exploring and exploiting, conserving and
managing the natural resources, whether living or
non-living, of the seabed and subsoil and the
superjacent waters, and with regard to other
activities such as the production of energy from
the water, currents and winds in an area not
extending more than 200 nautical miles beyond
the baseline from which the territorial sea is
measured. (See Art. 56, UNCLOS) Jurisdiction,
inter alia, with regard to:
(1) the establishment and use of artificial
islands, installations and structures;
(2) marine scientific research;
(3)
and the protection and preservation of the
marine environment.
through the territorial sea. (Article 14 of the such1;asWhat
No. low ordonon-existent
you understand taxation
by theor low
"Doctrine
Convention on the Law of the Sea.) operating
of costs although
Incorporation" the ship has
in Constitutional Law? no genuine
link with that state.
SUGGESTED ANSWER:
(Harris, Cases and
Under Section 1, Article I of the 1987 Constitution, Materials on International
The DOCTRINE OF Law, 5th ed., 1998, p. 425.)
INCORPORATION means
the INTERNAL WATERS of the Philippines that the rules of International law form part of the
consist of the waters around, between and Territory
law of the & Government
land and no (1996)
legislative action is
connecting the islands of the Philippine No. 8: A law was passed
required to make them applicable dividing the
to aPhilippines
country.
Archipelago, regardless of their breadth and into three
The regions follows
Philippines (Luzon, this
Visayas, and Mindanao),
doctrine, because
dimensions, including the waters in bays, rivers each constituting
Section 2. Article IIanofindependent
the Constitutionstatestates
except on
that
and lakes. No right of innocent passage for matters
the of foreign
Philippines relations,
adopts the national
generallydefense
acceptedand
foreign vessels exists in the case of internal national taxation,
principles which are
of international law vested
as part in
of the Central
the law of
waters. (Harris, Cases and Materials on government.
the land. Is the law valid? Explain.
International Law, 5th ed., 1998, p. 407.) Internal
waters are the waters on the landward side of SUGGESTED
Doctrine of ANSWER:
Incorporation; Pacta Sunt
baselines from which the breadth of the territorial The law (2000)
Servanda dividing the Philippines into three
sea is calculated. (Brownlie, Principles of Public regions,
No X. The each constituting
Philippines has an becomeindependenta member stateof
International Law, 4th ed., 1990, p. 120.) and vesting
the World inTrade a central government(WTO)
Organization matters and of
foreign relations,
resultantly agreed national
that defense,
it "shall and national
ensure the
taxation, is unconstitutional.
conformity of its laws, regulations and
ARTICLE II Declaration of administrative procedures with its obligations as
First, it violates
provided in the Article
annexed I, which
Agreements."guarantees Thisthe is
Principles and State Policies integrity of as
assailed the national territory of the
unconstitutional Philippines
because this
because it divided
undertaking the Philippines
unduly limits, restricts and intoimpairs
three
Armed Forces; Servant of the People (2003) states.
Philippine sovereignty and means among others
No I - Article II. Section 3, of the 1987 that Congress could not pass legislation that will
Constitution expresses, in part, that the "Armed Second,
be good itforviolates Sectioninterest
our national 1, Article and IIgeneral
of the
Forces of the Philippines is the protector of the Constitution, which provides for the
welfare if such legislation will not conform with the establishment
people and (of) the State." Describe briefly what of
WTO democratic
Agreements. and Refute
republic thisStates
argument. by replacing
(5%) it
this provision means. Is the Philippine National with three States organized as a confederation.
Police covered by the same mandate? SUGGESTED ANSWER:
FIRST ALTERNATIVE ANSWER: According to Tanada v. Angara, 272 SCRA 18
Article II, Section 3 of the 1987 Constitution Third, it the
(1997), violates Section of22,theArticle
sovereignty II of the
Philippines is
means that the Armed Forces of the Philippines Constitution,
subject which, bywhile
to restriction recognizing in and
its membership the
should not serve the interest of the President but promoting
family the rights
of nations and theoflimitations
indigenous cultural
imposed of
of the people and should not commit abuses communities, provides for national
treaty limitations. Section 2. Article II of the unity and
against the people. (Record of the Constitutional development.
Constitution adopts the generally accepted
Commission, Vol. V, p. 133.) This provision is principles of international law as part of the law of
specifically addressed to the Armed Forces of the Fourth,
the land.it Oneviolates Section
of such 15, Article
principles X ofsunt
is pacta the
Philippines and not to the Philippine National Constitution, which, provides
servanda. The Constitution did not envision a for autonomous
Police, because the latter is separate and distinct regions
hermit-likein Muslim
isolation Mindanao and infrom
of the country the Cordilleras
the rest of
from the former. (Record of the Constitutional within
the world.the framework of national sovereignty as
Commission, Vol. V, p. 296; Manalo v. Sistoza. 312 well as territorial integrity of the Republic of the
SCR A 239 [1999].) Philippines.
Freedom from Nuclear Weapons; Foreign
SECOND ALTERNATIVE ANSWER: Military Bases (1988)
Article II, Section 3 of the 1987 Constitution can Fifth,
No. 22: it violates the sovereignty
The Secretary of Justiceofhad therecently
Republic ruled
be interpreted to mean that the Armed Forces of of the Philippines.
that the President may negotiate for a modification
the Philippines can be a legitimate instrument for or extension of military bases agreement with the
the
Flagoverthrow
State vs. of theof
Flag civilian government
Convenience (2004)if it has Territorial
United States Sea vs. Internal Waters
regardless of the (2004)
"no nukes"
ceased to be the servant of the people.
(2-a-3) Distinguish: The flag state and the flag (Bernas, (2-a-1)
provisions in the 1987 Constitution. and
Distinguish: The territorial sea The the
President
The 1987 Constitution
of convenience. SUGGESTED of the Philippines:
ANSWER: FLAGA internal
forthwithwaters
announcedof the that
Philippines.
she findsSUGGESTED
the same opinion
Commentary, 2003 ed., p. 66.) This provision
STATE means a ship has the nationality of the does ANSWER:
"acceptable"TERRITORIAL
and will adoptSEA is anSenators
it. The adjacenton the
not apply to the Philippine National
flag of the state it flies, but there must be a Police, belt of sea with a breadth of
other hand, led by the Senate President, 12 nautical miles are
because
genuine link it between
is separate and and
the state distinct from the
the ship. measured from the baselines of
skeptical, and had even warned that no treaty a state and over or
Armed Forces of the Philippines. (Record of the which the state
international has sovereignty.
agreement may go(Articles into effect2 and 3
without
Constitutional Commission, Vol. V, p. 296, Manalo v.
(Article 91 of the Convention on the Law of the Sea.) of the Convention on the Law of the
the concurrence of two-thirds of all members of the Sea.) Ship of
Sistoza. 312 SCRA 239 [1999].)
all states enjoy the right of innocent passage
Senate.
FLAG OF CONVENIENCE refers to a state with which a
Doctrine of Incorporation;
vessel is registered Constitutional Law
for various reasons
(1997)
A former senator had said, "it is completely the flag must be recognized by law, it implies
wrong, if not erroneous," and "is an amendment that certain aspects of the flag are subject to
of the Constitution by misinterpretation." Some change through legislative action.
members of the Lower House agree with
Secretary Ordonez, while others lament the Principle of Civilian Supremacy (Q6-2006)
latter's opinion as "questionable, unfortunate, and 2. What Constitutional provisions institutionalize
without any basis at all." Do you or do you not the principle of civilian supremacy? (2.5%)
agree with the aforementioned ruling of the SUGGESTED ANSWER:
Department of Justice? Why? The following constitutional provisions
institutionalize the principle of civilian supremacy:
SUGGESTED ANSWER:
No. The Constitution provides that if foreign Civilian authority is at all times supreme over the
military bases, troops or facilities are to be military. [Article II, Section 3]
allowed after the expiration of the present The installation of the President, the highest
Philippine-American Military Bases Agreement in civilian authority, as the Commander-in-Chief of
1991, it must be "under a treaty duly concurred in the military. [Article VII, Section 18]
by the Senate and, when the Congress so The requirement that members of the AFP swear
requires, ratified by a majority of the votes cast by to uphold and defend the Constitution, which is the
the people in a national referendum." (Art. XVIII, fundamental law of the civil government. [Article
sec. 25) A mere agreement, therefore, not a XVI, Section 5(1)]
treaty, without the concurrence of at least 2/3 of The requirement that members of the AFP shall
all the members of the Senate will not be valid have respect for people's rights in the performance
(Art. VII, sec. 21, Art. XVIII, sec. 4). With respect of their duty. [Article XVI, Section 5(2)]
to the provision allowing nuclear weapons within Professionalism in the armed forces. [Article XVI,
the bases, the Constitution appears to ban such Section 5(3)]
weapons from the Philippine territory. It declares Insulation of the AFP from partisan politics. [Article
as a state policy that "the Philippines, consistent XVI, Section 5(3)]
with the national interest, adopts and pursues a Prohibition against the appointment of an AFP
policy of freedom from nuclear weapons in its member in the active service to a civilian position.
territory." (Art, II, sec. 8) However, the [Article XVI, Section 5(4)]
deliberations of the Constitutional Commission Compulsory retirement of officers without
would seem to indicate that this provision of the extension of service. [Article XVI, Section 5(5)]
Constitution is "not something absolute nor 100 Requirement of proportional recruitment from all
percent without exception." It may therefore be provinces and cities, so as to avoid any regional
that circumstances may justify a provision on clique from forming within the AFP. [Article XVI,
nuclear weapons. Section 5(7)]
A 3-year limitation on the tour of duty of the Chief
of Staff, which although extendible in case of
Philippine Flag (Q4-2006) emergency by the President, depends on
State whether or not the law is constitutional. Congressional declaration of emergency. [Article
Explain briefly. XVI, Section 5(6)]
1. A law changing the design of the
Philippine flag. (2%)
ALTERNATIVE ANSWER:
The law is invalid considering that under Article
XVI, Section 1 of the 1987 Constitution, the flag
of the Philippines shall be red, white, and blue,
with a sun and three stars, as consecrated and
honored by the people and recognized by law.
Since the Constitution itself prescribes the
design, it can only be changed by constitutional
amendment.
ALTERNATIVE ANSWER:
The law is valid, provided that the new design
does not change the elements and color scheme
of the flag as stated in the Constitution, and the
flag is consecrated and honored by the people.
Since the Constitution itself states that
combat boots at U.S. $30 per pair delivered in Consent to the exercise of jurisdiction of a foreign
Jakarta on or before 30 October 1990. The court does not include waiver of the separate
contract was awarded by the Ministry of the Army immunity from execution. (Brownlie, Principles of
to Marikina Shoe Corporation and was signed by Public International Law, 4th ed., p. 344.) Thus, in
the parties in Jakarta. Marikina Shoe Corporation Dexter vs. Carpenter vs. Kunglig
was able to deliver only 200,000 pairs of combat Jarnvagsstyrelsen, 43 Fed 705, it was held the
boots in Jakarta by 30 October 1990 and it consent to be sued does not give consent to the
received payment for 100,000 pairs or a total of attachment of the property of a sovereign
U.S. $3,000,000.00. The Ministry of the Army government.
promised to pay for the other 100,000 pairs
already delivered as soon as the remaining State Immunity from Suit (1996)
300,000 pairs of combat boots are delivered, at No. 6; The Republic of the Balau (formerly Palau
which time the said 300,000 pairs will also be paid Islands) opened and operated in Manila an office
for. Marikina Shoe Corporation failed to deliver engaged in trading Balau products with Philippine
any more combat boots. products. In one transaction, the local buyer
complained that the Balau goods delivered to him
On 1 June 1991, the Republic of Indonesia filed were substandard and he sued the Republic of
an action before the Regional Trial Court of Pasig. Balau, before the Regional Trial Court of Pasig,
Rizal, to compel Marikina Shoe Corporation to for damages. a) How can the Republic of Balau
perform the balance of its obligations under the invoke its sovereign immunity? Explain. b) Will
contract and for damages. In its Answer, Marikina such defense of sovereign immunity prosper?
Shoe Corporation sets up a counterclaim for U.S. Explain.
$3,000,000.00 representing the payment for the
100,000 pairs of combat boots already delivered SUGGESTED ANSWER:
but unpaid. Indonesia moved to dismiss the A) The Republic of Balau can invoke its
counterclaim, asserting that it is entitled to sovereign Immunity by filing a motion to dismiss
sovereign Immunity from suit. The trial court in accordance with Section l(a), Rule 16 of the
denied the motion to dismiss and issued two writs Rules of Court on the ground that the court has
of garnishment upon Indonesian Government no jurisdiction over its person.
funds deposited in the Philippine National Bank
and Far East Bank. Indonesia went to the Court of According to the Holy See vs. Rosario, 238 SCRA
Appeals on a petition for certiorari under Rule 65 524, in Public International Law, when a State
of the Rules of Court. How would the Court of wishes to plead sovereign immunity in a foreign
Appeals decide the case? court, it requests the Foreign Office of the State
where it is being sued to convey to the court that it
is entitled to immunity. In the Philippines, the
SUGGESTED ANSWER: practice is for the foreign government to first
The Court of Appeals should dismiss the petition secure an executive endorsement of its claim of
insofar as it seeks to annul the order denying the sovereign immunity. In some cases, the defense
motion of the Government of Indonesia to dismiss of sovereign immunity is submitted directly to the
the counterclaim. The counterclaim in this case is local court by the foreign government through
a compulsory counterclaim since it arises from counsel by filing a motion to dismiss on the
the same contract involved in the complaint. As ground that the court has no Jurisdiction over its
such it must be set up otherwise it will be barred. person.
Above all, as held in Froilan vs. Pan Oriental
Shipping Co., 95 Phil. 905, by filing a complaint, b) No, the defense of sovereign Immunity will not
the state of Indonesia waived its immunity from prosper. The sale ofofBalau
The establishment products
a police forceis that
a contract
is not
suit. It is not right that it can sue in the courts but involving a commercial
only civilian in characteractivity.
but also In under
UnitedtheStates
localvs.
it cannot be sued. The defendant therefore Ruiz, 136SCRA487
executives. and Section
[Article XVI, United States
5(7)] vs. Guinto,
acquires the right to set up a compulsory 182 SCRA 644, it was stated that a foreign State
counterclaim against it. cannot invoke Immunity
State Immunity from
from Suit suit if it enters into a
(1991)
commercial contract.1990,
No. 13; In February The Philippines
the Ministryadheres
of the to
RESTRICTIVE
Army. Republic SOVEREIGN IMMUNITY.
of Indonesia, invited bids for the
However, the Court of Appeals should grant the supply of 500,000 pairs of combat boots for the
petition of the Indonesian government insofar as use of the Indonesian Army. The Marikina Shoe
it sought to annul the garnishment of the funds of State Immunity
Corporation, from Suit
a Philippine (1989)
corporation, which has
Indonesia which were deposited in the Philippine No. 13: A property
no branch office and owner filed an
no assets in action directly
Indonesia,
National Bank and Far East Bank. in court against
submitted a bid the Republic
to supply of thepairs
500,000 Philippines
of
seeking payment for a parcel of land which the
national government utilized for a road widening
project.
(1) Can the government invoke the doctrine of
non-suitability of the state?
(2) In connection with the preceding
question, can the property owner garnish public
funds to satisfy his claim for payment? Explain
your answers.
SUGGESTED ANSWER:
(1) No, the government cannot invoke the doctrine
of state of immunity from suit. As held in Ministerio
vs. Court of First Instance of Cebu, 40 SCRA 464,
when the government expropriates property for
public use without paying just compensation, it
cannot invoke its immunity from the suit.
Otherwise, the right guaranteed in Section 9,
Article III of the 1987 Constitution that private
property shall not be taken for public use without
just compensation will be rendered nugatory.
State Principles & Policies (1994) Section 6, Art. XIII of the Constitution provides: The
No. 1; What is the state policy on: State shall apply the principles of AGRARIAN
a) working women? b) ecology? REFORM or stewardship, whenever applicable in
c) the symbols of statehood? d) accordance with law, in the disposition or utilization
cultural minorities? e) science and of other natural resources, including lands of the
technology? public domain under lease or concession suitable
to agriculture, subject to prior rights, homestead
rights of small settlers, and the rights of indigenous
SUGGESTED ANSWER: communities to their ancestral lands.
a) Section 14, Article XIII of the Constitution State Immunity vs. Waiver of Immunity (1997)
provides: "The State shall protect WORKING
WOMEN by providing safe and healthful working No, 6: It is said that "waiver of immunity by the
conditions, taking into account their maternal StateState
The doesmaynot resettle
mean a landless
concessionfarmers
of itsand
liability".
farm
functions, and such facilities and opportunities What areinthe
workers its implications
own agricultural
of this
estates
phrase?which shall
that will enhance their welfare and enable them to be distributed to them in the manner provided by
realize their full potential in the service of the SUGGESTED ANSWER:
law."
nation." The phrase that waiver of immunity by the State
does not17.
Section mean a concession
Article XIV of the of liability means
Constitution states:
b) Section 16, Article II of the Constitution that by
"The consenting
State to be sued,
shall recognize, the State
respect does not
and protect
provides: The State shall protect and advance necessarily
the rights of admit it is liable.
indigenous As communities
cultural stated in to
the right of the people and their posterity to a Philippineand
preserve Rock Industries,
develop their Inc. vs. Board
cultures, of
traditions,
balanced and healthful ECOLOGY in accord with Liquidators,
and 180 ItSCRA
institutions. shall 171, in such a case the
the rhythm and harmony of nature." State is merely giving the plaintiff a chance to
consider these rights in the formulation of Section 12, Article XIV of the Constitution reads:
national plans and policies." The State shall regulate the transfer and promote
the adaptation of technology from all sources for
e) Section 17, Article II of the Constitution the national benefit. It shall encourage widest
provides: "The State shall give priority to participation of private groups, local governments,
EDUCATION, SCIENCE and TECHNOLOGY, and community-based organizations in the
ARTS, CULTURE, and SPORTS to foster generation and utilization of science and
patriotism and nationalism, accelerate social technology."
progress, and promote total human liberation and
development." NOTE: It is suggested that if an examinee gave a substantive
answer without giving the exact provisions of the Constitution,
then he should be given full credit. Further, one provision
Section 14, Article XII of the Constitution reads in quoted/discussed by the examinee should be sufficient for him
part: "The sustained development of a reservoir of to be given full credit.
NATIONAL TALENTS consisting of Filipino
scientists, entrepreneurs, professionals, Transparency; Matters of Public Interest
managers, high-level technical manpower and (1989)
skilled workers and craftsmen shall be promoted No. 3: Does the 1987 Constitution provide for a
by the State, The State shall encourage policy of transparency in matters of public
appropriate technology and regulate Its transfer interest? Explain.
for the national benefit. SUGGESTED ANSWER:
Yes, the 1987 Constitution provides for a policy
Sub-section 2, Section 3. Article XIV of the of transparency in matters of public interest.
Constitution states: "They (EDUCATIONAL Section 28, Article II of the 1987 Constitution
INSTITUTIONS) shall inculcate patriotism and provides:
nationalism, foster love of humanity, respect for 1"Subject to reasonable conditions prescribed by
human rights, appreciation of the role of national law, the State adopts and implements a policy of full
heroes in the historical development of the disclosure of all its transactions involving public
country, teach the rights and duties of citizenship, interest,"
strengthen ethical and spiritual values, develop 2Section 7, Article III of the 1987 Constitution
moral character and personal discipline, states: "The right of the people to information on
encourage critical and creative thinking, broaden matters of public concern shall be recognized,
scientific and technological knowledge, and Access to official records, and to documents, and
promote vocational efficiency." papers pertaining to official acts, transactions, or
decisions, as well as to government research data
Section 10. Article XIV of the Constitution declares: used as basis for policy development, shall be
"SCIENCE and TECHNOLOGY are essential for afforded the citizen, subject to such limitations as
national development and progress. The State shall may be provided by law."
give priority to research and development, 3Section 20, Article VI of the 1987 Constitution
invention, innovation, and their utilization; and to reads: "The records and books of account of the
science and technology education, training, Congress shall be preserved and be open to the
services. It shall support indigenous, appropriate, public in accordance with law, and such books shall
and self-reliant scientific and cultural capabilities, be audited by the Commission on Audit which shall
and their application to the country's productive publish annually an itemized list of amounts paid to
systems and national life." and expenses incurred for each member."
4Under Section 17, Article XI of the 1987
Constitution, the sworn statement of assets,
Section 11, Article XIV of the Constitution provides: liabilities and net worth of the President, the Vice-
"The Congress may provide for incentives, President, the Members of the Cabinet, the
including TAX DEDUCTIONS, to encourage Congress, the Supreme Court, the Constitutional
private participation in programs of basic and Commission and other constitutional offices, and
applied scientific research. Scholarships, grants-in- officers of the
aid or other forms of Incentives shall be provided to
deserving science students, researchers,
scientists, investors, technologists, and specially
gifted citizens."
armed forces with general or flag rank filed
upon their assumption of office shall be
disclosed to the public in the manner provided 5. "A public officer or employee shall, upon
by law. assumption of office, and as often as thereafter
may be required by law, submit a declaration under
1Section 21, Article XII of the Constitution declares: oath of his assets, liabilities, and net worth. In the
"Information on foreign loans obtained or guaranteed case of the President, the Vice President, the
by the government shall be made available to the Members of the Cabinet, the Congress, the
public." Supreme Court, the Constitutional Commissions
2As held in Valmonte vs. Belmonte, G.R. No. 74930, and other constitutional offices, and officers of the
Feb. 13, 1989, these provisions on public disclosures armed forces with general or flag rank, the
are intended to enhance the role of the citizenry in declaration shall be disclosed to the public in the
governmental decision-making as well as in checking manner provided by law." (Section 17, Article XI)
abuse in government.
6. "Information on foreign loans obtained or
guaranteed by the Government shall be made
available to the public." (Section 21 Article XII)
Transparency; Matters of Public Interest As explained In Valmonte v. Belmonte,
(2000) 170 SCRA 256 (1989), the purpose of the
No V. State at least three constitutional provisions policy is to protect the people from abuse
reflecting the State policy on transparency in of governmental power. If access to
matters of public interest. What is the purpose of information of public concern is denied,
said policy? (5%) the postulate "public office is a public
SUGGESTED ANSWER: trust" would be mere empty words. {Note:
The following are the constitutional provisions The examinee should be given full credit if
reflecting the State policy on transparency in he gives any three of the above-
matters of public interest: mentioned provisions.}
1. "Subject to reasonable conditions prescribed
by law, the State adopts and Implements a policy
of full public disclosure of all its transactions ARTICLE III Bill of Rights
involving public interest." (Section 28, Article II)
Bill of Attainder (1987)
No. XI: Congress passed a law relating to
2. The right of the people to information on
officials and employees who had served in the
matters of public concern shall be recognized.
Government for the period from September 21,
Access to official records, and to documents, and
1972 up to February 25, 1986.
papers pertaining to official acts, transactions, or
decisions, as well as to government research data
(a) One provision of the law declared all
used as basis for policy development, shall be
officials from the rank of assistant head of a
afforded to citizen, subject to such limitations as
department, bureau, office or agency "Unfit" for
may be provided by law." (Section 7, Article III)
continued service in the government and declared
their respective positions vacant.
(b) Another provision required all the other
3. The records and books of accounts of the
officials and employees to take an oath of loyalty
Congress shall be preserved and be open to the
to the flag and government as a condition for
public in accordance with law, and such books
their continued employment. Are the two
shall be audited by the Commission on Audit
provisions valid? Why?
which shall publish annually an itemized list of
amounts paid to and expenses incurred for each
Member." (Section 20. Article VI)
SUGGESTED ANSWER:
2} Pursuant to the decision in People us.
Castmillo. 213. SCRA 777, Johann need not be
informed of his right to counsel prior to his
identification during the police line-up. The police
line-up is not part of custodial investigation, since
Johann was not being questioned but was merely
being asked to exhibit his body for identification by
a witness.
ALTERNATIVE ANSWER
It may be argued that in United States vs. Wade.
388 U.S. 218 (1967) and Gilbert vs. California.
388 U.S. 263 (1967) It was held that on the basis
of the Sixth, rather than the Fifth Amendment
(equivalent to Art. III. sec. 14 (2) rather than sec.
12 (1)), the police lineup is such a "critical stage"
that it carries "potential substantial prejudice" for
which reason the accused is entitled to the
assistance of counsel.
Due Process; Deportation (1994) 2) No, Stevie was not denied due process simply
No. 9: A complaint was filed by Intelligence agents because the complainants, the prosecutor, and the
of the Bureau of Immigration and Deportation (BID) hearing officers were all subordinates of the
against Stevie, a German national, for his Commissioner of the Bureau of Immigration and
deportation as an undesirable alien. The Deportation. In accordance with the ruling in
Immigration Commissioner directed the Special Erianger & Galinger, Inc. vs. Court of Industrial
Board of Inquiry to conduct an Investigation. At the Relations, 110 Phil. 470, the findings of the
said Investigation, a lawyer from the Legal subordinates are not conclusive upon the
Department of the BID presented as witnesses the Due Process; Absence
Commissioners, who have of the
Denial (1999) to accept
discretion
three Intelligence agents who filed the complaint. Noreject
or VIII - them.
B. On Aprilis6,important
What 1963, Police Officer
is that StevieMario
was
On the basis of the findings, report and Gatdula
not was charged
deprived of his rightby the
to Mayor
presentwith
his Grave
own case
recommendation of the Board of Special Inquiry, Misconduct
and submitand Violation in
evidence of Law beforethereof,
support the the
the BID Commissioners unanimously voted for MunicipalisBoard.
decision The Board
supported investigated
by substantial Gatdula
evidence, and
Stevie's deportation. Stevie's lawyer questioned the but before
the the case acted
commissioners could on be their
decided,
own the City
independent
deportation order 1) On the ground that Stevie was charter was approved.
consideration of the lawThe andCity Fiscal,
facts of theciting
case, and
denied due process because the BID Section
did not30 simply
of the city charter,the
accept asserted
viewsthatofhe was
their
Commissioners who rendered the decision were authorized thereunder
subordinates in arrivingtoatinvestigate
a decision.city officers
not the ones who and employees. The case against Gatdula was
then forwarded to
Due Process; Forfeiture Proceedings (1993) the proceedings, and in the last analysis to avoid
No. 14: The S/S "Masoy" of Panamanian registry, a miscarriage of justice.
while moored at the South Harbor, was found to
have contraband goods on board. The Customs Due Process; Meeting vs. Hearing (1999)
Team found out that the vessel did not have the No VIII - C. On November 7, 1990, nine lawyers of
required ship's permit and shipping documents. the Legal Department of Y Bank who were all
The vessel and its cargo were held and a warrant under Fred Torre, sent a complaint to
of Seizure and Detention was issued after due management accusing Torre of abusive conduct
investigation. In the course of the forfeiture and mismanagement. Furnished with a copy of
proceedings, the ship captain and the ship's the complaint, Torre denied the charges. Two
resident agent executed sworn statements before days later, the lawyers and Torre were called to a
the Custom legal officer admitting that contraband conference in the office of the Board Chairman to
cargo were found aboard the vessel. The give their respective sides of the controversy.
shipping lines object to the admission of the However, no agreement was reached thereat.
statements as evidence contending that during Bank Director Romulo Moret was tasked to look
their execution, the captain and the shipping further into the matter. He met with the lawyers
agent were not assisted by counsel, in violation of together with Torre several times but to no avail.
due process. Decide. Moret then submitted a report sustaining the
charges of the lawyers. The Board Chairman
SUGGESTED ANSWER: wrote Torre to inform him that the bank had
The admission of the statements of the captain chosen the compassionate option of "waiting" for
and the shipping agent as evidence did not Torre's resignation. Torre was asked, without
violate due process even if they were not being dismissed, to turn over the documents of all
assisted by counsel. In Feeder International Line, cases handled by him to another official of the
Pts. Ltd. v. Court of Appeals, 197 SCRA 842, It bank but Torre refused to resign and requested for
was held that the assistance of counsel is not a "full hearing". Days later, he reiterated his
indispensable to due process in forfeiture request for a "full hearing", claiming that he had
proceedings since such proceedings are not been "constructively dismissed". Moret assured
criminal in nature. Torre that he is "free to remain in the employ of
the bank" even if he has no particular work
Moreover, the strict rules of evidence and assignment. After another request for a "full
procedure will not apply in administrative hearing" was ignored, Torre filed a complaint with
proceedings like seizure and forfeiture the arbitration branch of NLRC for illegal
proceedings. What is important is that the parties dismissal. Reacting thereto, the bank terminated
are afforded the opportunity to be heard and the the services of Torre. Questions: (a) Was Torre
decision of the administrative authority is based on "constructively dismissed" before he filed his
substantial evidence. complaint? (b) Given the multiple meetings held
among the bank officials, the lawyers and Torre, is
Due Process; Media Coverage during Hearing it correct for him to say that he was not given an
(1996) opportunity to be heard? Explain your answers.
No 2: At the trial of a rape case where the victim- (4%)
complainant was a well known personality while
the accused was a popular movie star, a TV station
was allowed by the trial judge to televise the entire SUGGESTED ANSWER:
proceedings like the a) Torre was constructively dismissed, as held in
O.J. Simpson trial. The accused objected to the Equitable Banking Corporation v. National Labor
TV coverage and petitioned the Supreme Court Relations Commission, 273 SCRA 352. Allowing
to prohibit the said coverage. As the Supreme an employee to report for work without being
Court, how would you rule on the petition? assigned any work constitutes constructive
Explain. dismissal.
SUGGESTED ANSWER:
The Supreme Court should grant the petition. In b) Torre is correct in saying that he was not given
its Resolution dated October 22, 1991, the the chance to be heard. The meetings in the
Supreme Court prohibited live radio and television nature of consultations and conferences cannot
coverage of court proceedings to protect the right be considered as valid substitutes for the proper
of the parties to due process, to prevent the observance of notice and hearing.
distraction of the participants in
Due Process; Notice by Publication (1988)
No. 9: Macabebe, Pampanga has several barrios
along the Pampanga river. To service the needs
of their residentst the municipality has been
operating a ferry service at the same river, for a
number of years already.
SUGGESTED ANSWER:
The orders in this case involve the exercise of
judicial function by an administrative agency, and 2) Pursuant to the ruling in Pasay City
therefore, as a general rule, the cardinal primary Government vs. Court of First Instance of Manila,
rights enumerated in Ang Tibay v. CIR, 69 Phil. 132 SCRA 156, since the Municipality of Antipolo
635 (1940) must be observed. In Vigart has appropriated P1,000,000 to pay
for the lot, its bank account may be garnished (2) As the judge, rule on the said objections.
but up to this amount only. SUGGESTED ANSWER:
Eminent Domain; Garnishment (1998) (1) As counsel for C Company, I will argue that the
No VI - 2, If the City of Cebu has money in bank, taking of the property is not for a public use and
can it be garnished? [2%] that the ordinance cannot fix the compensation to
SUGGESTED ANSWER: be paid C Company, because this is a judicial
2. No, the money of the City of Cebu in the bank question that is for the courts to decide.
cannot be garnished if it came from public funds.
As held in Municipality of Makati vs. Court of (2) As judge, I will sustain the contention that the
Appeals, 190 SCRA 206, 212, public funds are taking of the property of C Company to operate
exempted from garnishment. the commercial center established within it to
finance a housing project for city employees is not
Eminent Domain; immunity from suit (2001) for a public use but for a private purpose. As the
No III - The Republic of the Philippines, through Court indicated in a dictum in Manotok. v. National
the Department of Public Works and Highways Housing Authority, 150 SCRA 89, that the
(DPWH), constructed a new highway linking expropriation of a commercial center so that the
Metro Manila and Quezon province, and which profits derived from its operation can be used for
major thoroughfare traversed the land owned by housing projects is a taking for a private purpose.
Mang Pandoy. The government neither filed any
expropriation proceedings nor paid any
compensation to Mang Pandoy for the land thus
taken and used as a public road.
SUGGESTED ANSWER:
The motion to dismiss should be denied. As held in
Amigable v. Cuenca, 43 SCRA 300 (1972), when
the Government expropriates private property
without paying compensation, it is deemed to have
waived its immunity from suit. Otherwise, the
constitutional guarantee that private property shall
not be taken for public use without payment of just
compensation will be rendered nugatory.
SUGGESTED ANSWER:
The arguments of Madlangbayan are not
meritorious. According to Manosca v. Court of
Appeals, 252 SCRA 412 (1996), the power of
eminent domain is not confined to expropriation of
vast tracts of the land. The expropriation of the lot
to preserve it as the birthplace of the founder of
the religious sect because of his role in Philippine
history and culture is for a public purpose,
because public use is no longer restricted to the
traditional concept. The fact that the expropriation
will benefit the members of the religious sect is
merely incidental. The fact that other birthplaces
have not been expropriated is likewise not a valid
basis for opposing the expropriation. As held in
J.M. Tuason and Company, Inc. v. Land Tenure
Administration, 31 SCRA 413 (1970), the
expropriating authority is not required to adhere to
the policy of "all or none".
The Asian Broadcasting Network (ABN), a Police Power; Zoning Ordinance vs. Non-
privately owned television station, refuses to air Impairment of Contracts (2001)
the advertisement in compliance with the law. No XVIII In the deeds of sale to, and in the land
Decide the constitutionality of the law in question. titles of homeowners of a residential subdivision in
Pasig City, there are restrictions annotated therein
SUGGESTED ANSWER: to the effect that only residential houses or
The law is constitutional. It is a valid exercise of structures may be built or constructed on the lots.
police power, because smoking is harmful to However, the City Council of Pasig enacted an
health. In Posadas de Puerto Rico Associates vs. ordinance amending the existing zoning ordinance
Tourism Company of Puerto Rico, 478 U.S. 328, it by changing the zone classification in that place
was ruled that a law prohibiting certain types of from purely residential to commercial.
advertisements is valid if it was adopted in the
interest of the health, safety, and welfare of the
people. In Capital Broadcasting Company us. "A", a lot owner, sold his lot to a banking firm and
Mitchell 333 F Supp 582, a law making it unlawful the latter started constructing a commercial
to advertise cigarettes on any medium of building on the lot to house a bank inside the
electronic communication was upheld. The subdivision. The subdivision owner and the
United States Supreme Court summarily homeowners' association filed a case in court to
sustained this ruling in Capita! Broadcasting stop the construction of the building for banking
Company us, Acting Attorney General 405 U.S. business purposes and to respect the restrictions
1000. The law in question was enacted on the embodied in the deed of sale by the subdivision
basis of the legislative finding that there is a need developer to the lot owners, as well as the
to protect public health, because smoking causes annotation in the titles.
lung diseases. Cowboy Levy's has not
overthrown this finding. If you were the Judge, how would you resolve
the case? (5%)
SUGGESTED ANSWER:
Police Power; Zoning Ordinance vs. Non- If I were the judge, I would dismiss the case. As
Impairment of Contracts (1989) held in Ortigas and Company Limited Partnership
No. 12: Pedro bought a parcel of land from Smart vs. FEATI Bank and Trust Company. 94 SCRA
Corporation, a realty firm engaged in developing 633 (1979), the zoning ordinance is a valid
and selling lots to the public. One of the exercise of police power and prevails over the
restrictions in the deed of sale which was contractual stipulation restricting the use of the lot
annotated in the title is that the lot shall be used to residential purposes.
by the buyer exclusively for residential purposes.
A main highway having been constructed across
the subdivision, the area became commercial in Privacy of Communication (2001)
nature. The municipality later passed a zoning No XII - "A" has a telephone line with an extension.
ordinance declaring the area as a commercial One day, "A" was talking to "B" over the telephone.
bank building on his lot. Smart Corporation went "A" conspired with his friend "C", who was at the
to court to stop the construction as violative of the end of the extension line listening to "A's"
building restrictions imposed by it. The corporation telephone conversation with "B" in order to
contends that the zoning ordinance cannot nullify overhear and tape-record the conversation wherein
the contractual obligation assumed by the buyer. "B" confidentially admitted that with evident
Decide the case. premeditation, he (B) killed "D" for having cheated
him in their business partnership. "B" was not
SUGGESTED ANSWER: aware that the telephone conversation was being
The case must be dismissed. As held in Ortigas tape-recorded.
and Company, Limited Partnership vs. FEATIi
Bank and Trust Company, 94 SCRA 533, such a
restriction in the contract cannot prevail over the
zoning ordinance, because the enactment
In the criminal case against "B" for murder, is the moved for its return on the ground that it violates
tape-recorded conversation containing his the right of "X" against unlawful search and
admission admissible in evidence? Why? (5%) seizure. Decide.
SUGGESTED ANSWER: SUGGESTED ANSWER:
The tape-recorded conversation is not admissible The objection of the lawyer must be sustained,
in evidence. As held in Salcedo-Ortanez vs. Court Section 3(1), Article IV of the 1987 Constitution
of Appeals, 235 SCRA 111 (1994). Republic Act provides:
No. 4200 makes the tape-recording of a telephone "The privacy of communication and
conversation done without the authorization of all correspondence shall be inviolable except
the parties to the conversation, inadmissible in upon lawful order of the court, or when public
evidence. In addition, the taping of the safety or order requires otherwise as
conversation violated the guarantee of privacy of prescribed by law."
communications enunciated in Section 3, Article III
of the Constitution. There was no court order which authorized the
warden to read the letter of "X". Neither is there
any law specifically authorizing the Bureau of
Privacy of Correspondence (1998) Prisons to read the letter of "X", Under Section
No VII. - The police had suspicions that Juan 3(1), Article III of the 1987 Constitution, to
Samson, member of the subversive New interfere with any correspondence when there is
Proletarian Army, was using the mail for no court order, there must be a law authorizing it
propaganda purposes in gaining new adherents in the interest of public safety or order.
to its cause. The Chief of Police of Bantolan,
Lanao del Sur ordered the Postmaster of the town
to intercept and open all mail addressed to and The ruling of the United States Supreme Court in
coming from Juan Samson in the interest of the the case of Stroud vs. United States, 251
national security. Was the order of the Chief of U.S. 15 is not applicable here, because Section
Police valid? (5%) 3(1), Article III of the 1987 Constitution has no
SUGGESTED ANSWER: counterpart in the American Constitution. Hence,
No, the order of the Chief of Police is not valid, in accordance with Section 3(2), Article III of the
because there is no law which authorizes him to 1987 Constitution, the letter is inadmissible in
order the Postmaster to open the letters evidence.
addressed to and coming from Juan Samson. An
official in the Executive Department cannot ALTERNATIVE ANSWER:
interfere with the privacy of correspondence and The objection of the lawyer must be overruled. In
communication in the absence of a law Hudson vs. Palmer, 468 U.S. 517, it was held that
authorizing him to do so or a lawful order of the the constitutional prohibition against illegal
court. Section 3(1), Article III of the Constitution searches and seizures does not extend to the
provides: confines of the prison. In Stroud vs. United States,
"The privacy of communication and 251 U.S. 15, the United States Supreme Court held
correspondence shall be inviolable that letters voluntarily written by a prisoner and
except upon lawful order of the court, or examined by the warden which contained
when public safety or order requires incriminatory statements were admissible in
otherwise as prescribed by law." evidence. Their inspection by the prison authorities
did not violate the constitutional prohibition against
Privacy of Correspondence; Jail (1989) illegal searches and seizures. This is an
No. 8: While serving sentence in Muntinlupa for established practice reasonably designed to
the crime of theft, "X" stabbed dead one of his promote discipline within the penitentiary.
guards, "X" was charged with murder. During his
trial, the prosecution introduced as evidence a
letter written in prison by "X" to his wife tending to Right to Assembly; Permit Application;
establish that the crime of murder was the result Freedom Parks (Q2-2006)
of premeditation. The letter was written The Samahan ng mga Mahihirap (SM) filed with
voluntarily. In the course of inspection, it was the Office of the City Mayor of Manila an
opened and read by a warden pursuant to the application for permit to hold a rally on Mendiola
rules of discipline of the Bureau of Prisons and Street on September 5, 2006 from 10:00 a.m. to
considering its contents, the letter was turned 3:00 p.m. to protest the political killings of
over to the prosecutor. The lawyer of "X" journalists. However, the City Mayor denied their
objected to the presentation of the letter and application on the ground that a rally at the
time and place applied for will block the traffic in SUGGESTED ANSWER:
the San Miguel and Quiapo Districts. He The arrests are unlawful. What is prohibited and
suggested the Liwasang Bonifacio, which has penalized under Sec. 13 (a) and 14 (a) of B.P.
been designated a Freedom Park, as venue for Big 880 is "the holding of any public assembly as
the rally. defined in this Act by any leader or organizer
without having first secured that written permit
1. Does the SM have a remedy to contest where a permit is required from the office
the denial of its application for a permit? (2.5%) concerned x x x Provided, however, that no
person can be punished or held criminally liable
SUGGESTED ANSWER: for participating in or attending an otherwise
Yes, SM has a remedy. Under B.P. Big. 880 (The peaceful assembly."
Public Assembly Act of 1985), in the event of
denial of the application for a permit, the applicant Thus, only the leader or organizer of the rally
may contest the decision in an appropriate court without a permit may be arrested without a
of law. The court must decide within twenty-four warrant while the members may not be arrested,
(24) hours from the date of filing of the case. Said as they can not be punished or held criminally
decision may be appealed to the appropriate liable for attending the rally. However, under
court within forty-eight (48) hours after receipt of Section 12 thereof, when the public assembly is
the same. In all cases, any decision may be held without a permit where a permit is required,
appealed to the Supreme Court (Bayan Muna v. the said public assembly may be peacefully
Ermita, G.R. No. 169838, April 25, 2006). dispersed.
4. Assuming that despite the denial of SM's Right to Assembly; Public Teachers (2000)
application for a permit, its members hold a rally, No XII - Public school teachers staged for days
prompting the police to arrest them. Are the mass actions at the Department of Education,
arrests without judicial warrants lawful? (2.5%) Culture and Sports to press for the immediate
grant of their demand for additional pay. The
DECS Secretary issued to them a notice of the (a) Their strike was an exercise of their
illegality of their unauthorized action, ordered constitutional right to peaceful assembly and to
them to immediately return to work, and warned petition the government for redress of grievances.
them of imposable sanctions. They ignored this
and continued with their mass action. The DECS SUGGESTED ANSWER:
Secretary issued orders for their preventive (a) According to De la Cruz v. Court of Appeals,
suspension without pay and charged the teachers 305 SCRA 303 (1999), the argument of the
with gross misconduct and gross neglect of duty teachers that they were merely exercising their
for unauthorized abandonment of teaching posts constitutional right to peaceful assembly and to
and absences without leave. a) Are employees in petition the government for redress of grievance
the public sector allowed cannot be sustained, because such rights must
to form unions? To strike? Why? (3%) b) The be exercised within reasonable limits. When such
teachers claim that their right to rights were exercised on regular school days
peaceably assemble and petition the instead of during the free time of the teachers, the
government for redress of grievances has teachers committed acts prejudicial to the best
been curtailed. Are they correct? Why? interests of the service.
(2%) SUGGESTED ANSWER: a) Section 8,
Article III of the Constitution allows employees in
the public sector to form unions. However, they Right to Travel; Order of Arrest (1991)
cannot go on strike. As explained in Social No. 6: Mr. Esteban Krony, a Filipino citizen, is
Security System Employees Association v. Court arrested for the crime of smuggling. He posts bail
of Appeals. 175 SCRA 686 [1989], the terms and for his release. Subsequently, he jumps bail and
conditions of their employment are fixed by law. is about to leave the country when the
Employees in the public sector cannot strike to Department of Foreign Affairs (DFA) cancels his
secure concessions from their employer. passport. He sues the DFA, claiming violation of
his freedom to travel, citing the new provision in
the Bill of Rights of the 1987 Constitution, to wit:
"Neither shall the right to travel be impaired
b. The teachers cannot claim that their right to except in the interest of national security, public
peaceably assemble and petition for the redress safety, or public health, as may be provided by
of grievances has been curtailed. According to law. Decide the case.
Bangalisan v. Court of Appeals. 276 SCRA 619 SUGGESTED ANSWER:
(1997), they can exercise this right without The case should be dismissed. Any person
stoppage of classes. under an order of arrest is under restraint and
therefore he can not claim the right to travel. If he
Right to Assembly; Public Teachers (2002) is admitted to bail his freedom of movement is
No X - Ten public school teachers of Caloocan confined within the country. Therefore, if he
City left their classrooms to join a strike, which subsequently jumps bail, he cannot demand
lasted for one month, to ask for teachers' passport which in effect will facilitate his escape
benefits. from the country; he is in fact liable to be
arrested anytime. Indeed, the right to travel
The Department of Education, Culture and Sports under the Constitution presupposes that the
charged them administratively, for which reason individual is under no restraint such as that which
they were required to answer and formally would follow from the fact that one has a pending
investigated by a committee composed of the criminal case and has been placed under arrest.
Division Superintendent of Schools as Chairman,
the Division Supervisor as member and a
teacher, as another member. On the basis of the Rights of the Accused; Counsel of his Choice
evidence adduced at the formal investigation (Q8-2005)
which amply established their guilt, the Director (1) Mariano was arrested by the NBI as a
rendered a decision meting out to them the suspect in the shopping mall bombings. Advised of
penalty of removal from office. The decision was his rights, Mariano asked for the assistance of his
affirmed by the DECS Secretary and the Civil relative, Atty. Santos. The NBI noticed that Atty.
Service Commission. On appeal, they reiterated Santos was inexperienced, incompetent and
the arguments they raised before the inattentive. Deeming him unsuited to protect the
administrative bodies, namely: rights of Mariano, the NBI dismissed Atty. Santos.
Appointed in his place was Atty. Barroso, a
bar topnotcher who was in the premises once the prosecution shows there was compliance
visiting a relative. Atty. Barroso ably assisted with the constitutional requirement on pre-
Mariano when the latter gave a statement. interrogation advisories, a confession is presumed
However, Mariano assailed the investigation to be voluntary and the declarant bears the
claiming that he was deprived of counsel of burden of proving that his confession is
his choice. involuntary and untrue. A confession is admissible
until the accused successfully proves that it was
Was the NBI correct in dismissing Atty. given as a result of violence, intimidation, threat or
Santos and appointing Atty. Barroso in his promise of reward or leniency which are not
stead? Is Mariano's statement, made with the present in this case. Accordingly, the statement is
assistance of Atty. Barroso, admissible in admissible.
evidence? (5%) (People v. Jerez, G.R. No. 114385, January 29, 1998)
SUGGESTED ANSWER:
(1) Yes, the police operatives may lawfully seize
the cocaine, because it is an item whose
possession is prohibited by law, it was in plain
view and it was only inadvertently discovered in
the course of a lawful search. The possession of
cocaine is prohibited by Section 8 of the
Dangerous Drugs Act. As held in Magoncia v.
Palacio, 80 Phil. 770, an article whose possession
is prohibited by law may be seized without the
need of any search warrant if it was discovered
during a lawful search. The additional requirement
laid down in Roan v. Gonzales, 145 SCRA 687
that the discovery of the article must have been
made inadvertently was also satisfied in this case.
Citizenship; Elected Official (1993) the United States but also to the Republic of
No. 7: Ferdie immigrated to the United States in China. Decide. SUGGESTED ANSWER:
the 1980s. Thereafter, he visited his hometown, The electoral contest must be dismissed.
Makahoy, every other year during town fiestas. In
January 1993. Ferdie came home and filed his
certificate of candidacy for Mayor of Makahoy. He (a) "A" is a natural born citizen. Art. IV, Sec. 2 of
won in the elections. Joe, the defeated candidate, the 1987 Constitution provides that "those who
learned that Ferdie is a greencard holder which elect Philippine citizenship in accordance with
on its face identifies Ferdie as a "resident alien" paragraph (3), Sec. 1 hereof shall be deemed
and on the back thereof is clearly printed: natural born citizens." The purpose of this
provision is to equalize the status of those who
"Person identified by this card is entitled to elected Philippine citizenship before and those
reside permanently and work in the United who did so after January 17, 1973 when the
States." Joe filed a case to disqualify Ferdie previous Constitution took effect.
from assuming the mayorship of Maka-hoy.
Questions: (b) The "DUAL ALLEGIANCE" declared inimical
(1) Whether or not a green card is proof that the to national interest in Art. IV, Sec. 5 refers to the
holder is a permanent resident of the United dual allegiance of some such as naturalized
States. Filipino citizens (mostly Chinese) who maintain
allegiance to Nationalist China as
shown in some cases by their membership in the of the Philippines (Art. IV, sec. 1(3)). Under Art.
legislative Yuan after their naturalization as IV, sec, 2 he is also deemed a natural-born
citizens of the Philippines. The prohibition does citizen.
not apply in situations brought about by dual
citizenship, such as the one involved in the 2. The Constitution requires, among other things,
problem. Indeed, a Filipino woman can have dual that a candidate for member of the House of
allegiance resulting from her marriage to a Representatives must be at least 25 years of age
foreigner under Sec. 4, so long as she does not "on the day of the election." (Art. VI, sec. 6). As
do or omit to do an act amounting to renunciation Brown was born on May 15, 1962, he did not
under Commonwealth Act. No. 63, Sec. 1(2). become 25 years old until May 15, 1987. Hence
Under this law, express renunciation is different on May 11, 1987, when the election was held, he
from an act of allegiance to a foreign power as a was 4 days short of the required age.
ground for loss of Philippine citizenship.
Moreover, what constitutes "dual allegiance"
inimical to national interest is and what the 3. The Constitution provides that those who seek
sanctions for such dual allegiance will be, will still either to change their citizenship or to acquire the
have to be defined by law pending adoption of status of an immigrant of another country "during
such legislation, objection based on dual their tenure" shall be dealt with by law (Art. XI,
allegiance will be premature. sec. 17). The provision cannot apply to Brown for
the following reasons: First, Brown is in addition
an American citizen and thus has a dual
Dual Allegiance vs. Dual Citizenship (1988) citizenship which is allowed by the Constitution.
No. 13: Robert Brown was born in Hawaii on May (Cf. Art. IV, sec. 4), Second, Brown did not seek
15, 1962, of an American father and a Filipina to acquire the status of an immigrant, but is an
mother. On May 16, 1983 while holding an American by birth under the principle of jus soli
American passport, he registered as a Filipino obtaining in the United States. Third, he did not
with the Philippine Consulate at Honolulu, Hawaii. seek to change his status during his tenure as a
In September, 1983 he returned to the public officer. Fourth, the provision of Art. XI, sec.
Philippines, and took up residence at Boac, 17 is not self-executing but requires an
Marinduque, hometown of his mother. He implementing law. Fifth, but above all, the House
registered as a voter, voted, and even participated Electoral Tribunal has no jurisdiction to decide this
as a leader of one of the candidates in that district question since it does not concern the
in the 1984 Batasan elections. In the elections of qualification of a member-elect.
1987, he ran for Congressman, and won. His sole
opponent is now questioning his qualifications and
is trying to oust him on two basic claims: Dual Citizenship (1994)
No. 8: In 1989, Zeny Reyes married Ben Tulog, a
(1) He is not a natural born Filipino citizen, but is national of the State of Kongo. Under the laws of
in fact, an American, born in Hawaii, an integral Kongo, an alien woman marrying a Kongo national
portion of the U.S.A., who holds an American automatically acquires Kongo citizenship. After her
passport; marriage, Zeny resided in Kongo and acquired a
(2) He did not meet the age requirement; and Kongo passport. In 1991, Zeny returned to the
(3) He has a "green card" from the U.S. Philippines to run for Governor of Sorsogon.
Government.
(1) Was Zeny qualified to run for Governor?
Assume that you are a member of the House (2) Suppose instead of entering politics. Zeny
Electoral Tribunal where the petition for Brown's just got herself elected as vice-president of the
ouster is pending. How would you decide the Philippine Bulletin, a local newspaper. Was she
three issues raised against him? qualified to hold that position?
SUGGESTED ANSWER:
The first and third grounds have no merit. But
the second is well taken and, therefore, Brown
should be disqualified.
1. Robert Brown is a natural born citizen of the
Philippines. A person born of a Filipino mother
and an alien father before January 17, 1973, who
thereafter upon reaching the age of majority elect
Philippine citizenship, is a citizen
the day of the election, Zeny is not qualified to run not qualify to participate in the management of
for Governor of Sorsogon. Under Section 39(a) of the Bulletin as Vice-President thereof.
the Local Government Code, a candidate for
governor must be a resident in the province Effect of Marriage; Filipino (1989)
where he intends to run at least one No, 2: (1) Lily Teh arrived in Manila on one of her
(1) year immediately preceding the day of the regular tours to the Philippines from Taipeh. She
election. By residing in Kongo upon her marriage met Peter Go, a naturalized Filipino citizen. After a
in 1989, Zeny abandoned her residence in the whirlwind courtship, Lily and Peter were married at
Philippines. This is in accordance with the the San Agustin Church. A week after the wedding,
decision in Caasi vs. Court of Appeals, 191 SCRA Lily Teh petitioned in administrative proceedings
229. before immigration authorities to declare her a
ALTERNATIVE ANSWER: Filipino citizen stating that she had none of the
No. Zeny was not qualified to run for Governor. disqualifications provided in the Revised
Under the Constitution, "citizens of the Philippines Naturalization Law. The jilted Filipino girlfriend of
who marry aliens shall retain their citizenship, Peter Go opposed the petition claiming that Lily
unless by their act or omission they are deemed, Teh was still a minor who had not even celebrated
under the law to have renounced it." (Sec. 4, Art. her 21st birthday, who never resided in the
IV, Constitution). Her residing in Kongo and Philippines except during her one-week visit as
acquiring a Kongo passport are indicative of her tourist from Taipeh during the Chinese New Year,
renunciation of Philippine citizenship, which is a who spoke only Chinese, and who had radical
ground for loss of her citizenship which she was ideas liked advocating unification of Taiwan with
supposed to have retained. When she ran for mainland China. Lily Teh, however, swore that she
Governor of Sorsogon, Zeny was no longer a was renouncing her Chinese allegiance and while
Philippine citizen and, hence, was disqualified for she knew no Filipino customs and traditions as yet,
said position. she evinced a sincere desire to learn and embrace
them. Would Lily Teh succeed in becoming a
Filipino citizen through her marriage to Peter Go?
2) Although under Section 11(1), Article XVI of the Explain.
Constitution, mass media must be wholly owned by
Filipino citizens and under Section 2 of the Anti-
Dummy Law aliens may not intervene in the SUGGESTED ANSWER:
management of any nationalized business activity. Yes, Lily Teh ipso facto became a Philippine
Zeny may be elected vice president of the Philippine citizen upon her marriage to Peter Go, who is a
Bulletin, because she has remained a Filipino Philippine citizen, provided she possesses none of
citizen. Under Section 4, Article IV of the the disqualifications laid down in Section 4 of the
Constitution, Filipino citizens who marry aliens Revised Naturalization Law. According to to the
retains their citizenship unless by their act or ruling in Moy Ya Lim Yao vs. Commissioner of
omission they are deemed, under the law, to have Immigration, 41 SCRA 292, an alien woman who
renounced it. The acts or omission which will result marries a Filipino husband ipso facto becomes a
in loss of citizenship are enumerated in Filipino citizen without having to possess any of
Commonwealth Act No, 63. Zeny is not guilty of any the qualifications prescribed in Section 2 of the
of them. As held in Kawakita vs. United States, 343 Revised Naturalization Law provided she
U.S. 717, a person who possesses dual citizenship possesses none of the disqualifications set forth in
like Zeny may exercise rights of citizenship in both Section 4 of the same law. All of the grounds
countries and the use of a passport pertaining to invoked by the former girlfriend of Peter Go for
one country does not result in loss of citizenship in opposing the petition of Lily Teh, except for the
the other country. last one, are qualifications, which Lily Teh need
not possess. The fact that Lily Teh is advocating
ALTERNATIVE ANSWER: the unification of Taiwan with mainland China is
Neither, was Zeny qualified to hold the position of SUGGESTED
not a ground for ANSWER:
disqualification under Section 4 of
vice-president of Philippine Bulletin. Under the 1) Under
the RevisedSection 4, Article Law.
Naturalization IV of the Constitution.
Constitution, "the ownership and management of Zeny retained her Filipino citizenship. Since she
mass media shall be limited to citizens, of the also became a citizen of Kongo, she possesses
Philippines, or to corporation, cooperatives or Effect of Oath ofPursuant
dual citizenship. Allegiance (2004) 40 (d) of the
to Section
associations wholly owned and managed by such LocalTCA,
(4-a) Government
a FilipinaCode,
medical
shetechnologist,
is disqualifiedleft
to in
run
citizens" (Section XI [1], Art. XVI), Being a non- for governor.
1975 to work Inin ZOZ
addition,
State.
if Zeny
In 1988
returned
she married
to the
Philippine citizen, Zeny can Philippines,
ODH, a citizen
lessofthan
ZOZ.a Pursuant
year immediately
to ZOZ'sbefore
law,
by taking an oath of allegiance, she
acquired her husband's citizenship. ODH died in Effect of Repatriation (2002)
2001, leaving her financially secured. She No I - A was born in the Philippines of Filipino
returned home in 2002, and sought elective office parents. When martial law was declared in the
in 2004 by running for Mayor of APP, her Philippines on September 21, 1972, he went to the
hometown. Her opponent sought to have her United States and was naturalized as an American
disqualified because of her ZOZ citizenship. She citizen. After the EDSA Revolution, he came home
replied that although she acquired ZOZ's to the Philippines and later on reacquired Philippine
citizenship because of marriage, she did not lose citizenship by repatriation. Suppose in the May
her Filipino citizenship. Both her parents, she 2004 elections he is elected Member of the House
said, are Filipino citizens. Is TCA qualified to run of Representatives and a case is filed seeking his
for Mayor? (5%) disqualification on the ground that he is not a
natural-born citizen of the Philippines, how should
SUGGESTED ANSWER: the case against him be decided? Explain your
On the assumption that TCA took an oath of answer. (5%)
allegiance to ZOZ to acquire the citizenship of
her husband, she is not qualified to run for SUGGESTED ANSWER:
mayor. She did not become a citizen of ZOZ The case should be decided in favor of A. As held
merely by virtue of her marriage, she also took In Bengson v. House of Representatives
an oath of allegiance to ZOZ. By this act, she lost Electoral Tribunal, 357 SCRA 545 (2001),
her Philippine citizenship. (Section 1 [3], repatriation results in the recovery of the original
Commonwealth Act No. 63.) nationality. Since A was a natural-born Filipino
citizen before he became a naturalized American
Effect of Repatriation (1999) citizen, he was restored to his former status as a
No III - B. Julio Hortal was born of Filipino natural-born Filipino when he repatriated.
parents. Upon reaching the age of majority, he
became a naturalized citizen in another country.
Later, he reacquired Philippine citizenship. Could Effect of Repatriation (2003)
Hortal regain his status as natural born Filipino No IV - Juan Cruz was born of Filipino parents in
citizen? Would your answer be the same whether 1960 in Pampanga. In 1985, he enlisted in the
he reacquires his Filipino-citizenship by U.S. Marine Corps and took an oath of allegiance
repatriation or by act of Congress? Explain. (3%) to the United States of America. In 1990, he was
naturalized as an American citizen. In 1994, he
FIRST ALTERNATIVE ANSWER: was repatriated under Republic Act No. 2430.
Julian Mortal can regain his status as a natural During the 1998 National Elections, he ran for
born citizen by repatriating. Since repatriation and was elected representative of the First
involves restoration of a person to citizenship District of Pampanga where he resided since his
previously lost by expatriation and Julian Mortal repatriation. Was he qualified to run for the
was previously a natural born citizen, in case he position? Explain.
repatriates he will be restored to his status as a SUGGESTED ANSWER:
natural born citizen. If he reacquired his citizenship Cruz was qualified to run as representative of the
by an act of Congress, Julian Hortal will not be a First District of Pampanga. Since his parents were
natural born citizen, since he reacquired his Filipino citizens, he was a natural-born citizen.
citizenship by legislative naturalization. Although he became a naturalized American
citizen, under the ruling in Bengson v. House of
Representatives Electoral Tribunal. 357 SCRA
SECOND ALTERNATIVE ANSWER: 545 [2001], by virtue of his repatriation, Cruz was
Julian Hortal cannot regain his status as a natural restored to his original status as a natural-born
born citizen by repatriating. He had to perform Filipino citizen.
an act to acquire his citizenship, i.e., repatriation.
Under Section 2, Article IV of the Constitution, Effects of Marriages (1999)
natural born citizens are those who are citizens No III- What are the effects of marriages of:
from birth without having to perform an act to 1a citizen to an alien; (1%)
acquire or perfect their citizenship. If he 2an alien to a citizen; on their spouses and
reacquired his citizenship by an act of Congress, children? Discuss. (1%)
Julian Hortal will not be a natural born citizen
since he reacquired his citizenship by legislative
naturalization.
omission they are deemed, under the law, to
have renounced it. Elected Official (1992)
No. 16: Edwin Nicasio, born in the Philippines of
2) According to Mo Ya Lim Yao v. Commissioner Filipino parents and raised in the province of
of Immigration, 41 SCRA 292, under Section 15 of Nueva Ecija, ran for Governor of his home
the Revised Naturalization Law, a foreign woman province. He won and he was sworn into office. It
who marries a Filipino citizen becomes a Filipino was recently revealed, however, that Nicasio is a
citizen provided she possesses none of the naturalized American citizen. a) Does he still
disqualifications for naturalization. A foreign man possess Philippine citizenship? b) If the second-
who marries a Filipino citizen does not acquire placer in the gubernatorial
Philippine citizenship. However, under Section 3 elections files a quo warranto suit against
of the Revised Naturalization Act, in such a case Nicasio and he is found to be disqualified
the residence requirement for naturalization will be from office, can the second-placer be sworn
reduced from ten (10) to five (5) years. Under into office as governor? c) If, instead, Nicasio
Section 1(2), Article IV of the Constitution, the had been born (of the
children of an alien and a Filipino citizen are same set of parents) in the United States
citizens of the Philippines. and he thereby acquired American
citizenship by birth, would your answer be
different? SUGGESTED ANSWER: a) No, Nicasio
Effects of Philippine Bill of 1902 (2001) no longer possesses Philippine citizenship. As held
No I - From mainland China where he was born in Frivaldo vs. COMELEC, 174 SCRA 245, by
of Chinese parents, Mr Nya Tsa Chan migrated becoming a naturalized American citizen, Nicasio
to the Philippines in 1894. As of April 11, 1899, lost his Philippine citizenship. Under Section 1(1) of
he was already a permanent resident of the Commonwealth Act No. 63, Philippine citizenship is
Philippine Islands and continued to reside in this lost by naturalization in a foreign country,
country until his death. During his lifetime and
when he was already in the Philippines, Mr. Nya
Tsa Chan married Charing, a Filipina, with whom
he begot one son, Hap Chan, who was born on
October 18. 1897. Hap Chan got married also to b) 2nd placer can’t be sworn to office...
Nimfa, a Filipina, and one of their children was
Lacqui Chan who was born on September 27, c) If Nicasio was born in the United States, he
1936. Lacqui Chan finished the course Bachelor would still be a citizen of the Philippines, since his
of Science in Commerce and eventually engaged parents are Filipinos. Under Section 1(2), those
in business. whose fathers or mothers are citizens of the
Philippines are citizens of the Philippines. Nicasio
In the May 1989 election, Lacqui Chan ran for and would possess dual citizenship, since under
was elected Representative (Congressman). His rival American Law persons born in the United States
candidate, Ramon Deloria, filed a quo warranto or are American citizens. As held in Aznor vs.
disqualification case against him on the ground that COMELEC. 185 SCRA 703, a person who
he was not a Filipino citizen. It was pointed out in possesses both Philippine and American
particular, that Lacqui Chan did not elect Philippine citizenship is still a Filipino and does not lose his
citizenship upon reaching the age of 21. Philippine citizenship unless he renounces it.
Decide whether Mr. Lacqui Chan suffers from a Electing Philippine Citizenship (Q8-2006)
disqualification or not. (5%) 1. Atty. Emily Go, a legitimate daughter of a
SUGGESTED ANSWER: Chinese father and a Filipino mother, was born in
Lacqui Chan is a Filipino citizen and need not 1945. At 21, she elected Philippine citizenship
elect Philippine citizenship. His father, Hap Chan, and studied law. She passed the bar
was a Spanish subject, was residing in the examinations and engaged in private practice for
Philippines on April 11, 1899, and continued to many years. The Judicial and Bar Council
reside in the Philippines. In accordance with nominated her as a candidate for the position of
Section 4 of the Philippine Bill of 1902, he was a Associate Justice of the Supreme Court. But her
Filipino citizen. Hence, in accordance with SUGGESTED
nomination ANSWER:
is being contested by Atty. Juris
Section 1(3} of the 1935 Constitution, Lacqui 1.) According
Castillo, also anto Section
aspirant4,
toArticle IV of the
the position. She
Chan is a natural born Filipino citizen, since his Constitution, Filipino citizens who marry aliens
father was a Filipino citizen. retain their citizenship, unless by their act or
claims that Atty. Emily Go is not a natural- No, 2: (2) A child was born to a Japanese father
born citizen, hence, not qualified to be and a Filipina mother. Would he be eligible to run
appointed to the Supreme Court. Is this for the position of Member of the House of
contention correct? (5%) Representatives upon reaching twenty-five years
SUGGESTED ANSWER: of age?
The contention is not correct. Under Article IV, SUGGESTED ANSWER:
Section 1(3) of the 1987 Constitution, it is The child can run for the House of Representatives
provided that those born before January 17, 1973 provided upon reaching the age of majority he
of Filipino mothers, who elect Philippine elected Philippine citizenship. Under Section 6,
Citizenship upon reaching the age of majority are Article VI of the 1987 Constitution, to qualify to be
Filipino citizens. Atty. Emily Go was born of a a member of the House of Representatives, one
Filipino mother in 1945 and elected citizenship must be a natural-born Philippine citizen.
upon reaching the age of 21. She is a natural born According to Section 1 (3), Article IV of the 1987
Filipino citizen as provided by Article IV, Section 2 Constitution, children born before January 17,
of the Constitution — "x x x those who elect 1973 of Filipino mothers, who elect Philippine
Philippine citizenship in accordance with citizenship upon reaching the age of majority are
paragraph (3), Section 1 hereof shall be deemed Philippine citizens.
natural-born citizens." Hence she is qualified to be
appointed to the Supreme Court.
Section 2, Article IV of the 1987 Constitution
provides: "Those who elect Philippine citizenship in
Electing Philippine Citizenship; When Proper accordance with paragraph (3), Section 1 hereof
(Q8-2006) shall be deemed natural-born citizens." On the
2. Atty. Richard Chua was born in 1964. He is other hand, if the child was born after January 17,
a legitimate son of a Chinese father and a Filipino 1973, he would be considered a natural born
mother. His father became a naturalized Filipino citizen without need of election pursuant to Art. IV,
citizen when Atty. Chua was still a minor. Sec. 1(2).
Eventually, he studied law and was allowed by the
Supreme Court to take the bar examinations, Natural Born Filipino (1998)
subject to his submission to the Supreme Court No IV - Andres Ang was born of a Chinese father
proof of his Philippine citizenship. Although he and a Filipino mother in Sorsogon, Sorsogon. On
never complied with such requirement, Atty. Chua January 20, 1973, in 1988, his father was
practiced law for many years until one Noel naturalized as a Filipino citizen. On May 11, 1998,
Eugenio filed with the Supreme Court a complaint Andres Ang was elected Representative of the
for disbarment against him on the ground that he is First District of Sorsogon. Juan Bonto who
not a Filipino citizen. He then filed with the Bureau received the second highest number of votes,
of Immigration an affidavit electing Philippine filed a petition for Quo Warranto against Ang. The
citizenship. Noel contested it claiming it was filed petition was filed with the House of
many years after Atty. Chua reached the age of Representative Electoral Tribunal (HRET). Bonto
majority. Will Atty. Chua be disbarred? Explain. contends that Ang is not a natural born citizen of
(5%) the Philippines and therefore is disqualified to be
a member of the House.
SUGGESTED ANSWER:
The citizenship requirement is to be possessed by
an elective official at the latest as of the time he is
proclaimed and at the start of the term of office to
which he has been elected. Section 39 of the
Local Government Code, which enumerates the
qualifications of elective local government officials,
does not specify any particular date or time when
the candidate must possess citizenship. (Frivaldo
v. COMELEC,
G.R. No. 120295, June 28,1996)
SUGGESTED ANSWER:
Under Section 39 of the Local Government
Code, an individual must possess the residency
requirement in the locality where he intends to
run at least one year immediately preceding the
day of election.
ALTERNATIVE ANSWER:
If X has taken an oath of allegiance to the U.S. he
will be deemed to have renounced his Philippine
citizenship. Consequently, he is disqualified to run
for the House of Representatives.
Should BART refund to the government the With whose contention do you agree, that of the
salaries and allowances he had received as Federal Party or that of Representative X? Why?
Congressman? (5%)
SUGGESTED ANSWER:
What will happen to the bills that BART alone I agree with the contention of Representative X. As
authored and were approved by the House of held In Bondoc v. Pineda, 201 SCRA 792 (1991),
Representatives while he was seated as the members of the House of Representatives
Congressman? Reason and explain briefly. (5%) Electoral Tribunal are entitled to security of tenure
like members of the judiciary. Membership in it may
not be terminated except for a just cause. Disloyalty
SUGGESTED ANSWER: AVE cannot collect to party is not a valid ground for the expulsion of a
salaries and allowances from the government for member of the House of Representatives Electoral
the first two years of his term, because in the Tribunal. Its members must discharge their
meanwhile BART collected the salaries and functions with impartiality and
allowances. BART
independence from the political party to which agreement must be concurred in by at least two-
they belong. thirds of all the Members of the Senate.
Electoral Tribunal; Senate; Jurisdiction (1990) Section 4, Article XVIII of the Constitution
provides: "All existing treaties or international
No. 3: Y was elected Senator in the May 1987 agreements which have not been ratified shall not
national elections. He was born out of wedlock in be renewed or extended without the concurrence
1949 of an American father and a naturalized of at least two-thirds of all the Members of the
Filipina mother. Y never elected Philippine Senate.”
citizenship upon reaching the age of majority.
Before what body should T, the losing Investigations in Aid of Legislation (1992)
candidate, question the election of Y? No. 8: A case was filed before the Sandiganbayan
State the reasons for your answer. Is Y a regarding a questionable government transaction.
Filipino citizen? Explain your answer. In the course of the proceedings, newspapers
SUGGESTED ANSWER: linked the name of Senator J. de Leon to the
(1) T, the losing candidate, should question the scandal.
election of Y before the Senate Electoral Tribunal,
because the issue involved is the qualification of Senator de Leon took the floor of the Senate to
Y to be a Senator. Section 17, Article VI of the speak on a "matter of personal privilege" to
1987 Constitution provides that. The Senate and vindicate his honor against those "baseless and
the House of Representatives shall each-have an malicious" allegations. The matter was referred to
Electoral Tribunal which shall be the sole judge of the Committee on Accountability of Public
all contests relating to the election, returns, and Officers, which proceeded to conduct a legislative
qualifications of their respective Members." inquiry. The Committee asked Mr. Vince
Ledesma, a businessman linked to the transaction
and now a respondent before the Sandiganbayan,
(2) Yes, Y is a natural born Filipino citizen. .... to appear and to testify before the Committee.
The petitioner can invoke his right against self- Law-Making; Appropriation Law; Automatic
incrimination, because this right is available in all Renewal & Power of Augmentation (1998)
proceedings. Since the petitioner is a respondent No XI. - Suppose the President submits a budget
in the case pending before the Sandiganbayan, which does not contain provisions for CDF
he may refuse to testify. (Countrywide Development Funds), popularly
known as the pork barrel, and because of this
Law Making; Process & Publication (1993) Congress does not pass the budget.
No. 2; Ernest Cheng, a businessman, has no
knowledge of legislative procedure. Cheng 1. Will that mean paralization of government
retains you as his legal adviser and asks operations in the next fiscal year for lack of an
enlightenment on the following matters: appropriation law? (2%)
(1) When does a bill become a law even without
the signature of the President? 2. Suppose in the same budget, there is a special
(2) When does the law take effect? provision in the appropriations for the Armed
SUGGESTED ANSWER: Forces authorizing the Chief of Staff, AFP, subject
1) Under Section 27(1), Article VI of the to the approval of the Secretary of National
Constitution, a bill becomes a law even without Defense, to use savings in the appropriations
the signature of the President if he vetoed it but provided thereto to cover up whatever financial
his veto was overriden by two-thirds vote of all losses suffered by the AFP Retirement and
the members of both the Senate and the House Separation Benefits System (RSBS) in the last
of Representatives and If the President failed to five (5) years due to alleged bad business
communicate his veto to the House from which judgment. Would you question the
the bill originated, within thirty days after the date constitutionality validity of the special provision?
of receipt of the bill by the President. [3%]
Pardoning Power; Amnesty (1993) 3. The Solicitor General argues that, in any
No 20: - The National Unification Commission event, the determination of whether the rebellion
has recommended the grant of absolute and poses danger to public safety involves a question
unconditional amnesty to all rebels. There is the of fact and the Supreme Court is not a trier of
view that it is not necessary for the rebels to facts. What should be the ruling of the Court?
admit the commission of the crime charged, it (2.5%)
being enough that the offense falls within the SUGGESTED ANSWER:
scope of the amnesty proclamation following the Judicial power includes the duty of the courts of
doctrine laid down in Barrioquinto vs. Fernandez, justice to settle actual controversies involving
82 Phil. 642. In other words, admission of guilt is rights which are legally demandable and
not a condition sine qua non for the availment of enforceable, and to determine whether or not there
amnesty. Is this correct? Explain. has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any
SUGGESTED ANSWER: branch or instrumentality of the Government (Art.
The view that it is not necessary for rebels to Vin, Sec. 1, par. 2,1987 Constitution). When the
admit the commission of the crime charged in grant of power is qualified, conditional or subject to
order to avail themselves of the benefits of limitations, the issue of whether the prescribed
amnesty is not correct. As stated in Vera v. qualifications or conditions have been met or the
People, 7 SCRA 156, the doctrine laid down in limitations respected, is justiciable — the problem
Borrioquinto vs. Fernandez, 82 Phil. 642 has being one of legality or validity, not its wisdom.
been overturned. Amnesty presupposes the
commission of a crime. It is inconsistent for
someone to seek for forgiveness for a crime
which he denies having committed. (People vs. Article VII, Section 18 of the 1987 Constitution
Pasilan, 14 SCRA 694). specifically grants the Supreme Court the power
to review, in an appropriate proceeding filed by
Pardoning Power; Amnesty (1995) any citizen, the sufficiency of the factual basis of
No. 5: Lucas, a ranking member of the NDF, was the proclamation of martial law. Thus, in the
captured by policemen while about to board a matter of such declaration, two conditions must
passenger bus bound for Sorsogon. Charged concur: (1) there must be an actual invasion or
with rebellion he pleaded not guilty when rebellion; and (2) public safety must require it.
arraigned. Before trial he was granted absolute The Supreme Court cannot renege on its
pardon by the President to allow him to constitutional duty to determine whether or not
participate in the peace talks between the the said factual conditions exist (IBP v. Zamora,
government and the communist rebels. G.R. No. 141284, August 15, 2000).
3. Instead of a pardon, may the President grant 4. Finally, the Solicitor General maintains
the accused amnesty if favorably recommended that the President reported to Congress such
by the National Amnesty Commission? Explain. proclamation of Martial Law, but Congress did not
revoke the proclamation. What is the effect of the
4. May the accused avail of the benefits of inaction of Congress on the suit brought by
amnesty despite the fact the he continued to Robert to the Supreme Court? (2.5%)
SUGGESTED
profess innocence?
ANSWER:
Explain.
The Supreme Court should rule that his deter- SUGGESTED ANSWER:
mination is not conclusive upon the courts. The The inaction of Congress has no effect on the
1987 Constitution allows a citizen, in an suit brought by Robert to the Supreme Court as
appropriate proceeding, to file a petition Article VIII, Section 18 provides for checks on
questioning the sufficiency of the factual basis of the President's power to declare martial law to
said proclamation. Moreover, the power to be exercised separately by Congress and the
when arraigned. Before trial he was granted in criminal cases, it would have been unnecessary
absolute pardon by the President to allow him to 4. exclude
to No, the accused
impeachment
cannotcases
availfrom
of the
thisbenefits
scope. of
If
participate in the peace talks between the amnesty
the President
if he can
continues
grant pardons
to professin criminal
his innocence.
cases,
government and the communist rebels. with more
In Vera vs.reason he 7can
People, grant152.
SCRA executive
since amnesty
(1) Is the pardon of the President valid? clemency
presupposes in administrative
the commissioncases,of which are less
a crime. It is
Explain. serious.
inconsistent for an accused to seek forgiveness
(2) Assuming that the pardon is valid, can Lucas for something which he claims he has not
reject it? Explain. Pardoning
committed. Power; Executive Clemency (1999)
SUGGESTED ANSWER:
1. The pardon is not valid. Under Section 19, A. What are the
Pardoning Power;constitutional
Breachlimitations
of Condition;
on the
Article VII of the 1987 Constitution, pardon may Revocation
pardoning (Q5-2005)
power of the President? (2%)
be granted only after conviction by final (1) Bruno still had several years to serve on his
Judgment. sentence
B. when between
Distinguish he was conditionally
pardon andpardoned amnesty.by
2. Yes, Lucas can reject the pardon As held in the President. Among the conditions imposed was
(2%)
United States vs. Wilson, 7 Pet. 150 and Burdick SUGGESTED
that he would ANSWER:"not again violate any of the penal
vs. United States, 274 U.S. 480. acceptance is A.
lawsThe following
of the are theBruno
Philippines." limitations on theall of the
accepted
essential to complete the pardon and the pardon pardoning
conditions powerand was of the President.
released. 1) It cannot
Shortly be
thereafter,
may be rejected by the person to whom it is granted
Bruno was in cases
charged of with 2 counts of estafa. He
tendered, for it may inflict consequences of impeachment;
was then incarcerated2) Reprieves, to commutations,
serve the i expired
greater disgrace than those from which it purports pardon,
portion of and his sentence following the revocation by
to relieve. remissionof
the President ofthe
fines and forfeitures can be
pardon.
ALTERNATIVE ANSWER: granted only after conviction by final
No, Lucas cannot reject the pardon. According to judgment.
Biddle vs. Perovich, 274 U.S. 480, acceptance is 3) The favorable recommendation of the
not necessary, for the grant of pardon involves a Bruno's is
COMELEC family filed for
required a petition
violationforof habeas
election
determination by the President that public welfare laws,corpus,
rules andalleging that it was error to have him
regulations.
will be better served by inflicting less than what recommitted as the charges were false, in
the judgment fixed. fact, half of
B. According to them were already
Barrioquinto dismissed.
v. Fernandez, 82
Phil.Resolve
642, the petitionfollowing witharereasons.
the (4%)
distinctions
SUGGESTED
between pardon ANSWER:
and amnesty.
Pardoning Power; Executive Clemency (1997) The petition
1Pardon is a should
private notact beandgiven
mustdue course. and
be pleaded The
grant ofby pardon
proved the person andpardoned;
the determination
while amnesty of the
is
No. 15; Governor A was charged administratively terms
a publicand
actconditions
of which courts of a conditional
take judicialpardon
notice; are
with oppression and was placed under preventive PURELY does
2Pardon EXECUTIVE
not require ACTS the concurrence
which are of not
suspension from office during the pendency of his subject towhile
Congress, judicial
amnesty scrutiny.
requires The
the acceptance
case. Found guilty of the charge, the President concurrence
thereof by the of Congress;
convict or prisoner carried with it
suspended him from office for ninety days. Later, 3Pardon
the authorityis granted to individuals,
or power of thewhile amnesty to
Executive
the President granted him clemency by reducing is granted to
determine classes
whether a of personsororconditions
condition communities;of the
the period of his suspension to the period he has 4Pardon
pardon has mayor be have
granted for any
been offense,
violated. while the
Where
already served. The Vice Governor questioned the amnesty
Presidentisopts granted for political
to revoke the offenses;
conditional pardon
validity of the exercise of executive clemency on 5Pardon
given, nois judicial
granted pronouncement
after final conviction, whileof a
of guilt
the ground that it could be granted only in criminal, amnesty
subsequent may crime
be granted at any time; and
is necessary, much less
not administrative, cases. How should the question 6Pardon
convictionlooks forward
therefor and judgment
by final relieves the of offender
a court, in
be resolved? from
orderthethatconsequences
a convict mayofbe hisrecommended
offense, whilefor the
amnesty
violation looks of backward and the person
his conditional granted
pardon. Theit
SUGGESTED ANSWER: stands before the
determination of thelawoccurrence
as though he of had
a breach of a
The argument of the Vice Governor should be committed
condition no of offense.
a pardon, and the proper
rejected. As held in Llamas vs. Orbos, 202 SCRA consequences of such breach, is a purely
844. the power of executive clemency extends to executive act, not subject to judicial scrutiny.
administrative cases. In granting the power of (Torres v. Gonzales, G.R. No. 76872, July 23,
executive clemency upon the President, Section 1987)
19, Article VII of the Constitution does not
SUGGESTED
distinguish ANSWER:
between criminal and administrative Pardoning Power; Exec Clemency; Pardon
3. The Section
cases. President19,may grant
Article VIIthe accused
of the amnesty.
Constitution (1995)
Accordingimpeachment
excludes to Barrioquinto vs. Fernandez,
cases, which are not 82 Phil. No. 5: Lucas, a ranking member of the NDF, was
642, Amnesty
criminal cases,may
from be
thegranted
scope ofbefore or after
the power of the captured by policemen while about to board a
institution of
executive clemency.
the criminal
If this
prosecution.
power may be passenger bus bound for Sorsogon. Charged
exercised only with rebellion he pleaded not guilty
define the three of them, and differentiate one
from the others.
SUGGESTED ANSWER:
The terms were defined and distinguished from
one another in People v. Vera, 65 Phil. 56, 111-
112 (1930), as follows:
(1) REPRIEVE is a postponement of the
execution of a sentence to a day certain,
(2) COMMUTATION is a remission of a part of
the punishment, a substitution of less penalty for
the one originally imposed.
(3) A PARDON, on the other hand, is an act of
grace, proceeding from the power entrusted with
the execution of the laws which exempts the
individual on whom it is bestowed from the
punishment the law inflicts for a crime he has
committed.
1. The case is justiciable. As stated In Lazatin All these Issues were resolved in the case of
vs. House Electoral Tribunal 168 SCRA 391, 404, Bengzon vs. Senate Blue Ribbon Committee,
since judicial power includes the duty to 203 SCRA 767.
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess The Supreme Court has jurisdiction over the
of jurisdiction on the part of any branch or case, because it involves the question of whether
instrumentality of the Government, the Supreme or not the Committee on Accountability of Public
Court has the power to review the decisions of Officers has the power to conduct the
the House of Representatives Electoral Tribunal investigation. Under Section 1, Article VIII of the
in case of grave Abuse of discretion on its part. Constitution, judicial power includes the duty of
the courts to determine whether or not any branch
2. Andres Ang should be considered a natural of the government is acting with grave of abuse of
born citizen of the Philippines. .... discretion amounting to lack of jurisdiction. The
Committee on Accountability of Public Officers
has no power to investigate the scandal. Since
the scandal is involved in a case pending in court,
the investigation will encroach upon the exclusive
domain of the court. To allow the investigation will
create the possibility of conflicting judgments
between the committee and the court. If the
decision of the committee were reached before
that of the court, it might influence the judgment
of the court.
SUGGESTED ANSWER:
Consequently, Pedro Reyes can run for Mayor A) A was considered ipso facto resigned upon
without giving up his position as Vice-Mayor. He the filing of his certificate of candidacy, because
will have to give up his position as Vice-Mayor being a City Legal Officer, he is an appointive
upon expiration of his term as Vice-Mayor on official. Section 66 of the Omnibus Election Code
June 30, 2004. provides that any person holding a public
(Note: The question did not ask the examinee appointive office shall be considered ipso facto
to explain the reason for his choice and the resigned upon the filing of his certificate of
If beforegeneral instructions requires such discussion
the election he is not declared by final candidacy.
only to a "yes" or "no" answer.)
judgment to be disqualified and he is voted for
Solis, 43 SCRA 123, it was held that where a a) the barangay? b) the
protestant in an election case accepted his municipality? c) the province? d)
appointment as judge, he abandoned his claim to the city? e) the House of
the public office involved in the protest. Hence, Representatives?
the protest must be dismissed for having become
moot. Similarly, in Perez v Provincial Board of SUGGESTED ANSWER:
Nueva Ecija, 113 SCRA 187, it was held that the 1) In accordance with Section 2(2), Article IX-C
claim of a petitioner to an appointive office had of the Constitution an election protest involving
become moot, because the petitioner had the elective position enumerated below should
forfeited his claim to the office by filing a be filed in the following courts or tribunals:
certificate of candidacy for mayor. a) Barangay - Metropolitan Trial Court,
Municipal Circuit Trial Court, or
Election Protest vs. Quo Warranto (2001) Municipal Trial Court
No XVII - Under the Omnibus Election Code b) Municipality - Regional Trial Court
(B.P. 881, as amended), briefly differentiate an c) Province - COMELEC
election protest from a quo warranto case, as to d) City - COMELEC
who can file the case and the respective grounds e) Under Section 17. Article VI of the
therefor. (5%) Constitution, an election protest
SUGGESTED ANSWER; involving the position of Member of the
An ELECTION PROTEST maybe filed by a losing House of Representatives shall be filed
candidate for the same office for which the winner in the House of Representatives
filed his certificate of candidacy. A QUO Electoral Tribunal.
WARRANTO CASE may be filed by any voter
who is a registered voter in the constituency Expiration of term bars service thereof (2000)
where the winning candidate sought to be
disqualified ran for office. No XVI. In the elections of May 1992, Cruz and
Santos were the candidates for the office of
In an election contest, the issues are: (a) who Municipal Mayor, the term of which was to expire
received the majority or plurality of the votes on June 30, 1995. Finding that he won by a
which were legally cast and (b) whether there margin of 20 votes, the Municipal Board of
were irregularities in the conduct of the election Canvassers proclaimed Cruz as the duly elected
which affected its results. Mayor. Santos filed an election protest before the
Regional Trial Court (RTC) which decided that it
In a quo warranto case, the issue is whether the was Santos who had the plurality of 30 votes and
candidate who was proclaimed elected should be Election
proclaimed Protest
him the(1990)
winner. On motion made, the
disqualified because of ineligibility or disloyalty to No. 7: A filed a protest
RTC granted execution pending with thethe House
appealElectoral
of
the Philippines. Tribunal
Cruz questioning
to the COMELEC the(Comelec)
election of andB on
as this
Member
of theSantos
basis. Houseassumedof Representatives
office and served in the
as 1987
Election Protest vs. Quo Warranto (Q5-2006) national elections
Municipal Mayor. Inon thethe
time, ground
Comelec that reversed
B is not a
Differentiate an election protest from an action resident
the rulingof of the RTC
district
andthe latter ruled
instead is representing.
that Cruz
for quo warranto. (2.5%) Whilebythe
won case was
a margin of 40pending.
votes and B proclaimed
accepted an himad-
SUGGESTED ANSWER: interim
the appointment
duly elected MunicipalasMayor. Secretary
a) It is nowof the
An ELECTION PROTEST is a proceeding Department
beyond Juneof30, Justice.
1995. Can Cruz still hold office
whereby a losing candidate for a particular (1) the
for Mayportion
A continue with he
of the term hishas
election
failed protest
to serve? in
position contests the results of the election on order (3%)
Why? to determine the real winner in the said
grounds of fraud, terrorism, irregularities or illegal elections? State your reason.
acts committed before, during or after the casting SUGGESTED ANSWER; ANSWER:
and counting of votes. On the other hand, a (1)As
a) No,held
A may not continue
in Malaluan with his protest.
v. COMELEC, 254 SCRAThere
PETITION FOR QUO WARRANTO is filed by any is no(1996).
397 dispute Cruzas can
to who was hold
no longer the winner in the
office for the
registered voter to contest the election of any election,ofas
portion theitterm
is not
he disputed that itsince
failed to serve was his
B who
candidate on grounds of ineligibility or disloyalty obtained
term has the majority. The purpose of the protest
expired.
to the Republic of the Philippines. is simply to seek the removal of B from office on
Petition
the ground to Declare
that heFailure of Elections;
is ineligible. However, B
Requisites
forfeited his &claimEffects
to the(1995)
position of congressman
Election Protest; Jurisdiction (1996) No.
by 6: Due to violence
accepting an ad and terrorism
interim attending as
appointment
No, 14: 1) As counsel for the protestant, where the castingofofJustice,
Secretary votes inthea municipality
protest against in Lanao
him has
will you file an election protest involving a del Sur during
become moot.the last 8 May will
Nothing 1995 be elections,
gainedit by
contested elective position in: became
resolvingimpossible to hold
it. In the case therein free,
of Purisima v. orderly
and honest elections. Several candidates for
municipal positions withdrew from the race. One
candidate for Mayor petitioned the COMELEC for
the postponement of the elections and the holding
of special elections after the causes of such
postponement or failure of elections shall have
ceased.
SUGGESTED ANSWER:
1. According to Section 7, Article IX-A of the
1987 Constitution, the COMELEC shall decide
by a MAJORITY VOTE of all its members any
case or matter brought before it In Cua vs.
COMELEC, 156 SCRA582, the Supreme Court
stated that a two-to-one decision rendered by a
Division of the COMELEC and a three-to-two
decision rendered by the COMELEC en banc
was valid where only five members took part in
deciding the case.
SUGGESTED ANSWER:
2) According to Section 243 of the Omnibus
Election Code, the following issues can be
properly raised.
1The composition or proceedings of the board of
canvassers are illegal;
2The canvassed election returns are incomplete, contain
material defects, approved to be tampered with, or
contain discrepancy in the same returns or in other
authenticated copies;
3The election returns were prepared under duress,
threats, coercion, or intimidation, or they are obviously
manufactured or not authentic; and
4Substitute or fraudulent returns in controverted pollingThe following have jurisdiction over election
places were canvassed, the results of which materiallycontests:
affected the standing of the aggrieved candidate or a) Barangay officials - Inferior Court;
candidates. b) Municipal officials -Regional Trial
Court;
c) Regional, provincial, and city officials
COMELEC (Section 2(2), Art. IX-C of
the Constitution);
d) Congressman -House of
Representatives Electoral Tribunal.
e) Senators - Senate Electoral Tribunal.
(Section 1. Article VI of the
Constitution);
f) President and Vice President -
Supreme Court (Section 4, Article VII of
the Constitution).
Yes, the vice mayor can continue to run as vice What is the effect, if any, of the privatization of
mayor. At the time that he filed his certificate of PNB on the audit Jurisdiction of the COA? (5%)
candidacy, the vice mayor ran for the same office SUGGESTED ANSWER:
he was holding. In determining whether a In accordance with the ruling in Philippine Airlines
candidate is running for a position other than the vs. Commission on Audit, 245 SCRA 39,(1995),
one he is holding in a permanent capacity and since the Philippine National Bank is no longer
should be considered resigned, it is the office he owned by the Government, the Commission on
was holding at the time he filed his certificate of Audit no longer has jurisdiction to audit it as an
candidacy should be considered. There is no legal institution. Under Section 2(2), Article IX-D of the
impediment to the vice mayor running as mayor to Constitution, it is government-owned or controlled
replace the vice mayor who died under Section 77 corporations and their subsidiaries which are
of the Omnibus Election Code, if a candidate dies subject to audit by the Commission on Audit.
after the last day for filing certificates of candidacy, However, in accordance with Section 2(1), Article
he may be replaced by a person belonging to his IX-D of the Constitution, the Commission on Audit
political party. However, it is required that he can audit the Philippine National Bank with respect
should first withdraw his Certificate of Candidacy to its accounts because the Government still has
for Vice-Mayor and file a new Certificate of equity in it.
Candidacy for Mayor.
COA; Money Claims (1998)
Vacancy; SB; Rule on Succession (2002) No I. - The Department of National Defense
No XV. A vacancy occurred in the sangguniang entered into a contract with Raintree Corporation
bayan of a municipality when X, a member, died. for the supply of ponchos to the Armed Forces of
X did not belong to any political party. the Philippines (AFP), stipulating that, in the event
of breach, action may be filed in the proper courts
To fill up the vacancy, the provincial governor in Manila.
appointed A upon the recommendation of the
sangguniang panlalawigan. On the other hand, Suppose the AFP fails to pay for delivered
for the same vacancy, the municipal mayor ponchos, where must Raintree Corporation file
appointed B upon the recommendation of the its claim? Why? [ 10%]
sangguniang bayan. Which of these SUGGESTED ANSWER:
appointments is valid? (5%) Raintree Corporation must file its claim with the
Commission on Audit, Under Section 2(1) IX-D
of the Constitution, the Commission on Audit has
the authority to settle all accounts pertaining to
expenditure of public funds. Raintree Corporation ARTICLE X Local Government
cannot file a case in court. The Republic of the Appointment of Budget Officer; control vs
Philippines did not waive its immunity from suit supervision (1999)
when it entered into the contract with Raintree No V - D. On May 17, 1988, the position of
Corporation for the supply of ponchos for the use Provincial Budget Officer of Province X became
of the Armed Forces of the Philippines. The vacant. Pedro Castahon, governor of the province,
contract involves the defense of the Philippines pursuant to Sec. 1 of E.O. No. 112, submitted the
and therefore relates to a sovereign function. names of three nominees for the aforesaid
position to the Department of Budget
Management (DBM), one of whom was that of
In United States vs. Ruiz, 136 SCRA 487, 492, Marta Mahonhon. A month later, Castahon
the Supreme Court held; "The restrictive informed the DBM that Mahonhon had assumed
application of State immunity is proper only the office of PBO and requested that she be
when the proceedings arise out of commercial extended the appropriate appointment. The DBM
transactions of the foreign sovereign. Its Secretary appointed Josefa Kalayon instead.
commercial activities or economic affairs. Castahon protested the appointment of Kalayon
Stated differently, a State may be said to have insisting that it is he who had the right to choose
descended to the level of an individual and the PBO by submitting the names of his three
can thus be deemed to have tacitly given its nominees and Kalayon was not one of them. The
consent to be sued only when it enters into DBM countered that none of the governor's
business contracts. It does not apply where nominees have the necessary qualifications for
the contract relates to the exercise of its the position. Specifically, Mahonhon lacked the
sovereign functions. In this case the projects five-year experience in budgeting. Hence, the
are an integral part of the naval base which is DBM was left with no alternative but to name one
devoted to the defense of both the United who possesses all the requisite qualifications in
States and the Philippines, indisputably a
the person of Kalayon. It cited Section 6.0 of the
function of the government of the highest
DBM Local Budget Circular No. 31 which states,
order; they are not utilized for nor dedicated to
"The DBM reserves the right to fill up any existing
commercial or business purposes."
vacancy where none of the nominees of the local
chief executive meet the prescribed
requirements."
The provision for venue in the contract does not (a) Was the DBM's appointment valid? (2%)
constitute a waiver of the State Immunity from (b) What can you say regarding the above-
suit, because the express waiver of this immunity quoted Section 6.0 of DBM's Local Budget
can only be made by a statute. Circular No. 31? Explain your answers. (2%)
In Republic us. Purisima 78 SCRA 470, 474,
the Supreme Court ruled: "Apparently
respondent Judge was misled by the terms of
the contract between the private respondent,
plaintiff in his sala and defendant Rice and
Corn Administration which, according to him,
anticipated the case of a breach of contract
between the parties and the suits that may
thereafter arise. The consent, to be effective
though, must come from the State acting
through a duly enacted statute as pointed out
by Justice Bengzon in Mobil."
ALTERNATIVE ANSWER:
In accordance with the doctrine of exhaustion of
administrative remedies, Raintree Corporation
should first file a claim with the Commission on
Audit. If the claim is denied, it should file a
petition for certiorari with the Supreme Court.
Boundary Dispute Resolution; LGU; RTC’s
Jurisdiction (Q10-2005)
1 - There was a boundary dispute between
Duenas, a municipality, and Passi, an
independent component city, both of the same
province. State how the two local government
units should settle their boundary dispute. (5%)
SUGGESTED ANSWER:
Boundary disputes between local government
units should, as much as possible, be settled
amicably. After efforts at settlement fail, then the
dispute may be brought to the appropriate
Regional Trial Court in the said province. Since
the Local Government Code is silent as to what
body has exclusive jurisdiction over the settlement
of boundary disputes between a municipality and
an independent component city of the same
province, the Regional Trial Courts have general
jurisdiction to adjudicate the said controversy.
(Mun. of Kananga v. Madrona, G.R. No. 141375,
April 30, 2003)
SUGGESTED ANSWER:
D. (a) Under Section 1 of Executive Order No.
112, the Provincial Budget Officer must be
recommended by the Governor. Since Josefa
Kalayon was not recommended by the Governor,
her appointment is not valid. As held in San Juan
v. Civil Service Commission, 196 SCRA 69, if the
person recommended by the Governor is not
qualified, what the Secretary of Budget and
Management should do is to ask him to
recommend someone who is eligible.
(2) The city council does not have the power to The question of whether there is genuine
cite for contempt. There is likewise no provision in necessity for the expropriation of Christina's lot or
the Constitution, the Local Government Code, or whether the municipality has other and better lots
any other laws granting local legislative bodies the for the purpose is a matter that will have to be
power to cite for contempt. Such power cannot be resolved by the Court upon presentation of
deemed implied in the delegation of legislative evidence by the parties to the case.
power to local legislative bodies, for the existence
of such power poses a potential derogation of Powers of Barangay Assembly (2003)
individual rights. Can a Barangay Assembly exercise any police
power?
SUGGESTED ANSWER:
Power; Eminent Domain; LGU; Right to No, the Barangay Assembly cannot exercise any
Exercise (Q10-2005) police power. Under Section 398 of the Local
The Sangguniang Bayan of the Municipality of Government Code, it can only recommend to the
Santa, Ilocos Sur passed Resolution No. 1 Sangguniang Barangay the adoption of measures
authorizing its Mayor to initiate a petition for the for the welfare of the barangay and decide on the
expropriation of a lot owned by Christina as site adoption of an initiative.
for its municipal sports center. This was approved
by the Mayor. However, the Sangguniang
Panlalawigan of Ilocos Sur disapproved the Powers; Liga ng mga Barangay (2003)
Resolution as there might still be other available Can the Liga ng mga Barangay exercise
lots in Santa for a sports center. legislative powers?
SUGGESTED ANSWER:
The Liga ng Mga Barangay cannot exercise
Nonetheless, the Municipality of Santa, through its legislative powers. As stated in Bito-Onon v.
Mayor, filed a complaint for eminent domain. Fernandez. 350 SCRA 732 [2001], it is not a local
Christina opposed this on the following grounds: (a) government unit and its primary purpose is to
the Municipality of Santa has no power to determine representation of the mga in the
expropriate; (b) Resolution No. 1 has been voided sanggunians; to ventilate, articulate, and crystallize
since the Sangguniang Panlalawigan disapproved issues affecting barangay government
it for being arbitrary; and (c) the Municipality of administration; and to secure solutions for them
Santa has other and better lots for that purpose. through proper and legal means.
Resolve the case with reasons. (5%)
The contention of Representative Valera is not No XVI. In the elections of May 1992, Cruz and
correct As held in Santiago v. Sandiganbayan, Santos were the candidates for the office of
356 SCRA 636, the suspension contemplated in Municipal Mayor, the term of which was to expire
Article VI, Section 16(3) of the Constitution is a on June 30, 1995. Finding that he won by a
punishment that is imposed by the Senate or margin of 20 votes, the Municipal Board of
House of Representatives upon an erring Canvassers proclaimed Cruz as the duly elected
member, it is distinct from the suspension under Mayor. Santos filed an election protest
before the Regional Trial Court (RTC) which B. AVE cannot collect salaries and allowances
decided that it was Santos who had the plurality from the government for the first two years of his
of 30 votes and proclaimed him the winner. On term, because in the meanwhile BART collected
motion made, the RTC granted execution the salaries and allowances. BART was a de
pending the appeal of Cruz to the COMELEC facto officer while he was in possession of the
(Comelec) and on this basis. Santos assumed office. To allow AVE to collect the salaries and
office and served as Municipal Mayor. In time, the allowances will result in making the government
Comelec reversed the ruling of the RTC and pay a second time. (Mechem, A Treatise on the
instead ruled that Cruz won by a margin of 40 Law of Public Offices and Public Officers, [1890]
votes and proclaimed him the duly elected pp. 222-223.)
Municipal Mayor.
BART is not required to refund to the government
a) It is now beyond June 30, 1995. Can Cruz
the salaries and allowances he received. As a de
still hold office for the portion of the term he has
facto officer, he is entitled to the salaries and
failed to serve? Why? (3%)
allowances because he rendered services during
b) Was Santos a usurper and should he pay his incumbency. (Rodriguez v. Tan, 91 Phil. 724
back what he has received while holding the 119520.
office as Municipal Mayor? Why? (2%)
The bills which BART alone authored and were
SUGGESTED ANSWER;
approved by the House of Representatives are
a) Cruz can no longer hold office for the portion valid because he was a de facto officer during
of the term he failed to serve since his term has his incumbency. The acts of a de facto officer are
expired. valid insofar as the public is concerned. (People
v. Garcia, 313 SCRA 279 [19990.
b) Santos was not a usurper. He was a de facto
officer, since he had a color of election to the
office of Municipal Mayor by virtue of the
Graft and Corruption; Prescription of Crime
decision in the election protest. Hence, he is
(2002)
entitled to the emoluments of the office.
No XII. Suppose a public officer has committed a
violation of Section 3 (b) and (c) of the Anti-Graft
Elective Public Officers; De Facto Officer; and Corrupt Practices Act {RA No, 3019), as
effects (2004) amended, by receiving monetary and other
material considerations for contracts entered into
X-B. AVE ran for Congressman of QU province.
by him in behalf of the government and in
However, his opponent, BART, was the one
connection with other transactions, as a result of
proclaimed and seated as the winner of the
which he has amassed illegally acquired wealth.
election by the COMELEC. AVE filed seasonably
a protest before HRET (House of Representatives
Electoral Tribunal). After two years, HRET (a) Does the criminal offense committed
reversed the COMELEC’s decision and AVE was prescribe? (2%)
proclaimed finally as the duly elected
(b) Does the right of the government to recover
Congressman. Thus, he had only one year to
the illegally acquired wealth prescribe? (3%)
serve in Congress.
Can AVE collect salaries and allowances from the
SUGGESTED ANSWER:
government for the first two years of his term as
Congressman? (a) A violation of Section 3(b) and (c) of the Anti-
Graft and Corrupt Practices Act prescribes. As
Should BART refund to the government the
held in Presidential Ad-Hoc Fact-Finding
salaries and allowances he had received as
Committee on Behest Loans v. Desierto, 317
Congressman?
SCRA 272 (1999), Article XI, Section 15 of the
What will happen to the bills that BART alone Constitution does not apply to criminal cases for
authored and were approved by the House of violation of the Anti-Graft and Corrupt Practices
Representatives while he was seated as Act
Congressman? Reason and explain briefly. (5%)
(b) Article XI, Section 15 of the Constitution
provides that the right of the State to recover
SUGGESTED ANSWER: properties unlawfully acquired by public officials
or employees, or from them or from their
nominees or transferees, shall not be barred by
prescription.
SUGGESTED ANSWER:
1. A private communication made by any person
No, the City Mayor may not accept his designation to another in the performance of any legal, moral
without forfeiting his elective positions. As stated or social duty;"
in Flores vs. Drilon 223 SCRA 568, it is the
In Deano v. Godinez, 12 SCRA 483, it was held
intention of Section 7, Article X-B of the 1987
that a report sent by a public official to his superior
Constitution that local elective officials should
is privileged communication, because its
devote their full time to their constituents. While
submission is pursuant to the performance of a
second paragraph of Section 7, Article IX-B of the
legal duty.
1987 Constitution allows appointive officials to
hold other offices when allowed by law or by the Besides, in sending his report, the Secretary of
primary functions of their positions, no such Public Works acted in the discharge of his official
exception is made in the first paragraph, which duties. Hence, he was acting in behalf of the
deals with elective officials. It is the Intention of Republic of the Philippines and within the scope
the 1987 Constitution to be more stringent with of his authority According to the ruling in Sanders
elective local officials. v. Veridiano, 162 SCRA 88, a suit brought against
a public official for writing a letter which is alleged
to be libelous but which was written while he was
ALTERNATIVE ANSWER:
acting as agent of the government and within the
Yes, he may accept such designation without scope of his authority is actually a suit against the
forfeiting his mayorship. The Constitutional provision State without its consent.
being cited contemplates a "public office or position".
It is believed that the Local Amnesty Board is not
ALTERNATIVE ANSWER:
such an office since it is merely an ad hoc body.
Besides, it is believed that its functions are not The question does not specify how the libel was
"sovereign" in character which is one of the elements committed. If the libelous statement was not
of a public office. relevant to the report on the alleged illegal
encroachment of the river, the fact that it was
made in the course of an official report does not
No II A group of losing litigants in a case decided his authority. Congress intended to empower the
by the Supreme Court filed a complaint before Ombudsman to suspend all officers, even if they
the Ombudsman charging the Justices with are employed in other offices in the Government.
knowingly and deliberately rendering an unjust The words "subordinate" and "in his bureau" do
decision in utter violation of the penal laws of the not appear in the grant of such power to the
land. Can the Ombudsman validly take Ombudsman.
cognizance of the case? Explain.
SUGGESTED ANSWER: Power to Issue Subpoena; validity of
delegation (1989)
No, the Ombudsman cannot entertain the
complaint. As stated in the case of In re: Laureta. No. 17: Assume that under the charter of the City
148 SCRA 382 [1987], pursuant to the principle of of Manila, the City Mayor has the power to
separation of powers, the correctness of the investigate city officials and employees appointed
decisions of the Supreme Court as final arbiter of by him and in connection therewith, administer
all justiciable disputes is conclusive upon all other oath, take testimony and issue subpoenas. The
departments of the government; the Ombudsman mayor issued an executive order creating a
has no power to review the decisions of the committee, chaired by "X", to investigate
Supreme Court by entertaining a complaint anomalies involving licensed inspectors of the
against the Justices of the Supreme Court for License Inspection Division of the Office of the City
knowingly rendering an unjust decision. Treasurer, In the course of its investigation, "X"
subpoenaed "Y", a private citizen working as
bookkeeper of Asia Hardware. "Y" refused to
SECOND ALTERNATIVE ANSWER: appear contending that the
SUGGESTED ANSWER: TheCommittee
contentionofof "X" has
Article XI, Section 1 of the 1987 Constitution no power to issue subpoenas.
Director WOW is not meritorious.Decide.
The suspension
provides that public officers must at all times be meted out to him is preventive and not punitive.
accountable to the people. Section 22 of the Section
SUGGESTED24 of Republic
ANSWER: Act No. 6770 grants the
Ombudsman Act provides that the Office of the Ombudsman the power to impose preventive
Ombudsman has the power to investigate any Yes, the committee
suspension has no
up to six months. power to issue
Preventive
serious misconduct allegedly committed by subpoenas
suspension maybe imposed without vs,
according to Carmelo any Ramos,
notice or 6
officials removable by impeachment for the SCRA
hearing. It is merely a preliminary step in an mayor
836. In creating the committee, the
purpose of filing a verified complaint for did not grant investigation
administrative it the powerand to is
issue subpoenas.
not the final
impeachment if warranted. The Ombudsman can Besides, the mayor cannot delegate his power to
determination of the guilt of the officer concerned.
entertain the complaint for this purpose. issue
(Garciasubpoenas.
v. Mojica, 314 SCRA 207 [1999]).
Prohibition On Elective Officer to Hold Public
Ombudsman; Power to Suspend; Preventive Office (2002)
Suspension (1996) B. For his part, the Ombudsman moved to
No VII. X was elected provincial governor for a
dismiss WOWs petition. According to the
No. 10: 2) An administrative complaint for violation term of three years. He was subsequently
Ombudsman the evidence of guilt of WOW is
of the Anti-Graft and Corrupt Practices Act against X appointed by the President of the Philippines
strong, and petitioner failed to exhaust
was filed with the Ombudsman. Immediately after serving at her pleasure, as concurrent Presidential
administrative remedies. WOW admitted he filed
taking cognizance of the case and the affidavits Assistant for Political Affairs in the Office of the
no motion for reconsideration, but only because
submitted to him, the Ombudsman ordered the President, without additional compensation.
the order suspending him was immediately
preventive suspension of X pending preliminary
executory. Should the motion to dismiss be
investigation. X questioned the suspension order,
Is X's appointment
granted valid?briefly.
or not? Discuss (5%) (5%)
contending that the Ombudsman can only suspend
preventively subordinate employees in his own SUGGESTED ANSWER:
office.
The appointment
SUGGESTED of X is not valid, because the
ANSWER:
position of Presidential
B. The motion Assistant
to dismiss should for Political
be denied. Since
Is X correct? Explain. Affairs is a public
the suspension office. Article
of Director WOWIX-B wasSection 7 of
the Constitution
immediately provides
executory, he that
would nohave
elective official
suffered
SUGGESTED ANSWER:
shall be eligible
irreparable injuryfor
hadappointment or designation in
he tried to exhaust
No, X is not correct. As held in Buenaseda vs. any capacity remedies
administrative to any public
before office
filing a or position
petition in
Flavier, 226 SCRA 645. under Section 24 of during his tenure.ofAs
court (University theheld in FloresBoard of
Philippines
Republic Act No. 6770, the Ombudsman can v. Drilon,v. Rasul,
Regents 223 SCRA200 SCRA568 685(1993), since an
[19910Besides,
place under preventive suspension any officer elective official
the question is ineligible
involved is purely for
legal.an(Azarcon
appointive
v.
under his disciplinary authority pending an position,
Bunagan,his 399 appointment
SCRA 365 is not valid.
[2003]).
investigation. The moment a complaint is filed
Public Office; Public Trust (1998)
with the Ombudsman, the respondent is under Ombudsman; Power to Investigate (2003)
No V. - Suppose Congress passed a law to incrimination seeks to prevent is the conviction of
Implement the Constitutional principle that a the witness on the basis of testimony elicited
public office is a public trust, by providing as from him. The rule is satisfied when he is granted
follows: immunity.
"No employee of the Civil Service shall be excusedALTERNATIVE ANSWER:
from attending and testifying or from producing books,
1. In accordance with Evangelista vs. Jarencio,
records, correspondence, documents or other
68 SCRA 99, 107-108, If Ong is being cited
evidence in any administrative investigation
merely as a witness, he may not refuse to
concerning the office in which he is employed on the
answer. However, if the question tends to violate
ground that his testimony or the evidence required of
his right against self-incrimination, he may object
him may tend to incriminate him or subject him to a
to it. On the other hand, under the ruling in
penalty or forfeiture; but his testimony or any evidence
Chavez vs. Court of Appeals, 24 SCRA 663, 680,
produced by him shall not be used against him in
If he is a respondent, Ong may refuse to answer
criminal prosecution based on the transaction, matter
any question because of his right against self-
or thing concerning which is compelled, after invoking
incrimination.
his privilege against self-incrimination, to testify or
produce evidence. Provided, however, that suchSUGGESTED ANSWER:
individual so testifying shall not be exempt from2. No Ong cannot argue that the Civil Service
prosecution and punishment for perjury committed in Commission inferred his guilt from his refusal
so testifying nor shall he be exempt from demotion or to answer. He was not dismissed because of
removal from office. Any employee who refuses to his involvement in the leakage in the medical
testify or produce any documents under this Act shall examination but for his refusal to answer.
be dismissed from the service," This is a violation of the law. He could be
compelled to answer the question on pain of
being dismissed in case of his refusal,
because he was granted Immunity.
SUGGESTED ANSWER:
B. ARI cannot acquire a portion of Liberty Islands
because, although EAP has title to Liberty Islands
and thus such lands are alienable and disposable
land, they cannot be sold, only leased, to private
corporations. The portion of the area to be
reclaimed cannot be sold and transferred to ARI
because the seabed is inalienable land of the
public domain. (Section 3, Article XII of the 1987
Constitution; Chavez v. Public Estates Authority,
384 SCRA 152 [2002]).
SUGGESTED ANSWER:
Ownership Requirement of Mass Media (1989) SUGGESTED ANSWER: The law is valid as
under Article XII, Section 2 of the 1987
Constitution, the exploration, development,
No. 11: (1) A domestic corporation with 30%
and utilization of natural resources shall be
foreign equity proposes to publish a weekly
under the full control and supervision of the
magazine for general circulation in Metro Manila
State. It is also provided that the State may
which will feature the lifestyles of the rich and the
directly undertake such activities or it may
famous. May this be done? Cite the constitutional
enter into co-production, joint venture or
provision in point.
sharing agreements with Filipino citizens or
SUGGESTED ANSWER: corporations or associations, at least 60%
(1) No, the corporation cannot publish a weekly Filipino-owned.
magazine since it is engaged in the operation of
a mass media and is not wholly owned by Furthermore, the President may enter into
Philippine citizens. agreements with foreign-owned corporations
involving technical or financial assistance for
Section 11(1), Article XVI of the 1987 Constitution
large-scale exploration, development, and
provides; "The ownership and management of
utilization of minerals, petroleum and other
mass media shall be limited to citizens of the
mineral oils, according to terms and conditions
Philippines, or to corporations, cooperatives or
provided by law. A state corporation, unlike a
associations, wholly-owned and managed by
private corporation, may be created by special
such citizens."
law and placed under the control of the
President, subject to such conditions as the
Chinese citizens; engaging in retail trade (Q4- creating statute may provide.
2006)
State whether or not the following laws are
constitutional. Explain briefly.
4. A law prohibiting Chinese citizens from ARTICLE XIII Social Justice and
engaging in retail trade. (2%) SUGGESTED
ANSWER: The law is invalid as it singles out and Human Rights Agrarian Reform Law;
deprives Chinese citizens from engaging in retail Coverage (1992)
trade. In Ichong v. Hernandez, No. 12: Teodoro Luzung is engaged in the
business of prawn farming, The prawns are
G.R. No. L-7995, May 31,1957, the court nurtured in his fishponds in Mindoro and, upon
held that the Treaty of Amity between the harvest, are immediately frozen for export.
Republic of the Philippines and the Republic
of China guarantees equality of treatment to Congress
b) At leastpassed
seventythe Comprehensive
percent (70%) of the Agrarian
equity of
the Chinese nationals "upon the same terms Reform
businessLaw of 1988
entities which in
engaged provides among
advertising must be
as the nationals of any other country." Thus, others
owned that all private
by Filipino landsunder
citizens devoted thetoConstitution.
agriculture
the court ruled therein that the nationals of shall be subject
(Section to agrarian
11(2), Article XVI) reform. The law
China are not discriminated against because includes under the term "agriculture" the
nationals of all other countries, except those following activities: cultivation of the soil, planting
of the United States, who are granted of
c) crops, growing
Mass media of fruit
must trees, raising
be wholly ownedof by Filipino
special rights by the Constitution, are all livestock,
citizens under the Constitution (Sectionof11(1),
poultry or fish. The Department
prohibited from engaging in the retail trade. Agrarian Reform issued an implementing order
Article XVI).
In the case at bar, the law discriminates only which provides that commercial farms used for
against Chinese citizens and thus violates aqua-culture, including salt-beds, fishponds and
the equal protection clause. prawn
2) Underfarmsthe areConstitution,
within the scope of the
aliens law.acquire
may
equity
Can the butlawcannot participate
be declared in the management of
unconstitutional?
business
Decide. entities engaged in the following
activities:
Exploration, development, and utilization of SUGGESTED ANSWER:
1) Public utilities (Section 11, Article
natural resources (Q4-2006) As held XII)
in Luz Farms vs. Secretary of the
State whether or not the law is constitutional. Department of Agrarian Reform, 192 SCRA 51, the
Explain briefly. 2) Education
law is unconstitutional (Section
insofar 4(2) .Article XIV)
as it included
5. A law creating a state corporation to livestock,
3) poultry and swine(Section
Advertising raising. In the definition
11(2), Article
exploit, develop, and utilize compressed natural of the agricultural land which the Constitutional
XVI)
gas. (2%) Commission adopted in
connection with agrarian reform, lands devoted to the occupants to vacate the structures within five
such purposes were not included. However, both days from notice, otherwise they would be evicted
the law and the implementing order are and relocated and their shanties removed, in
constitutional insofar as they included fishponds. order that the parcel of land could be converted
The definition of agricultural land which the into a park for public use and enjoyment. The
Constitutional Commission adopted included inhabitants of the parcel of land complained to the
fishponds. Commission on Human Rights urging that the
Mayor of Quezon City be stopped from doing
what he has threatened to do. The Commission
Commission on Human Rights; Power to on Human Rights, after conducting an
investigate (1992) investigation and finding that the shanties of
petitioners were already being demolished by
No. 15 -Walang Sugat, a vigilante group
then, ordered the Quezon City Mayor and persons
composed of private businessmen and civic
Implementing his order to cease and desist from
leaders previously victimized by the Nationalist
demolishing petitioners' shanties under pain of
Patriotic Army (NPA) rebel group, was implicated
contempt.
in the torture and kidnapping of Dr. Mengele, a
known NPA sympathizer. What have you to say on the validity of the
actuation of the Commission on Human Rights in
b) Does the Commission on Human Rights have
relation to that of the Quezon City Mayor?
the power to investigate and adjudicate the
matter? SUGGESTED ANSWER:
SUGGESTED ANSWER; The actuation of the Commission on Human
Rights is void. In Simon vs. Commission on
b) Under Section 18, Article XIII of the
Human Rights, 229 SCRA 117. the Court held
Constitution, the Commission on Human Rights
that the Commission on Human Rights has no
has the power to investigate all forms of human
power to issue a restraining order or a writ of
rights violations involving civil and political rights
injunction and has no power to cite for contempt
and to monitor the compliance by the government
for violation of the restraining order or a writ of
with international treaty obligations on human
preliminary injunction. The cease and desist
rights. As held in Carino vs. Commission on
order, according to the Court, is a semantic
Human Rights, 204 SCRA 483, the Commission
Interplay for a restraining order. Its power to cite
on Human Rights has no power to decide cases
for contempt should be understood to apply only
involving violations of civil and political rights. It
to violations of its adopted operational guidelines
can only investigate them and then refer the
and rules of procedure essential to carry out its
matter to the appropriate government agency.
investigatorial powers, which it is constitutionally
authorized to adopt.
ALTERNATIVE ANSWER:
If what is referred to in the problem is the
Commission on Human Rights; Power to
Commission on Human Rights under the United
issue TRO (2001)
National Economic and Social Council, the case
may be investigated by the Commission based on No VI - In order to implement a big government
a special procedure for fact-finding and inquiry flood control project, the Department of Public
based on the consent of the States concerned. Works and Highways (DPWH) and a local
However, this does not constitute investigation in government unit (LGU) removed squatters from
the usual sense of the term, with no objective of the bank of a river and certain esteros for
establishing culpability. The Commission on relocation to another place. Their shanties were
Human Rights is not empowered to make demolished. The Commission on Human Rights
adjudications. (CHR) conducted an investigation and issued an
order for the DPWH and the LGU to cease and
desist from effecting the removal of the squatters
Commission on Human Rights; Power to on the ground that the human rights of the
issue TRO (1997) squatters were being violated. The DPWH and
No. 8 - About a hundred people occupied a the LGU objected to the order of the CHR
parcel of land in Quezon City belonging to the city
government and built shanties thereon which Resolve which position is correct. Reasons (5%)
they utilized for dwelling, sari-sari stores, etc. The
City Mayor issued an order directing
SUGGESTED ANSWER; consequent danger to life and limb cannot
be ignored. It is paradoxical that a right
The position of the Department of Public Works
which is claimed to have been violated is
and Highways and of the local government unit is
one that cannot, in the first place, even be
correct. As held in Export Processing Zone
invoked, if it is, in fact, extant. Based on
Authority v. Commission on Human Rights, 208
the circumstances obtaining in this
SCRA125 (1992), no provision in the Constitution
instance, the CHR order for demolition do
or any law confers on the Commission on Human
not fall within the compartment of human
Rights jurisdiction to issue temporary restraining
rights violations involving civil and political
orders or writs of preliminary injunction. The
rights intended by the Constitution. (Simon
Commission on Human Rights has no judicial
v. Commission on Human Rights, G.R. No.
power. Its powers are merely investigatory.
100150, January 5, 1994)
SUGGESTED ANSWER:
(b) The seminary has institutional autonomy
which gives it the right, all things being equal, to
choose whom it will admit as student. (Garcia v.
Faculty of Admission, Loyola School of Theology,
68 SCRA 277 (1975); Villar v. Technological
Institute of the Philippines, 135 SCRA 706
(1985); Tangonan
v. Cruz Pano, 137 SCRA 245 (1985) ) This
autonomy is sufficiently large to permit in this
case the seminary to choose between the rich
man's son and the poor man's son.
No. 18:1TheTing,State
a student
shall establish,
of BangkerohanmaintainUniversity,
and support academic
a The preference
(c) freedom of given
an institution
to the poor of man's
higher son is
complete,
was given adequate,
a failing grade and integrated Mahigpit.
by Professor system of education
justified. includes
learning Not only theisfreedom
the seminary
to determine entitled
who to
relevant to Professor
Ting confronted the needs Mahigpit
of the peopleat the and society. [Section
corridor may
choose teach,whom whatitmaywillbeadmit
taught, how it shall
because be
it enjoys
2(1)] and a heated argument ensued. Cooler
after class taught, and who
institutional may be(Art.
autonomy admitted
XIV, to Sec.study.
5(2) ) but
heads2The State shall
prevented establish
the verbal war and maintain
ending a systemBecause
in physical of free
the choice of academic
made in freedom,
this casean isinstitution
a wise ofand
public education
confrontation. Mahigpitinleft the the
elementary
campus and andhighwentschool levels.
higher
judicious learning
one. canTherefuse
rich to re-enroll
man's sona had student been
[Section
shopping 2(2)]
In a department store. Ting saw Mahigpit who is academically
expelled from another deficientschool
or who because
has violatedof
and 3Thewithout Stateany shall establishmauled
warning and maintain a systemthe
the latter. of rules of delinquency.
academic discipline. AcademicDespitefreedom grants
the economic
scholarship
Mahigpit filed an grants, student complaint
administrative loan programs, against subsidies, and of
institutions
advantage andhigher learninghe
opportunity thehad,
discretion
he stilltofailed
Ting other
beforeincentives
the Deanwhich shall be available
of Students for breach to of
deserving
formulate
in his school ruleswork,
for thewarranting
granting ofa honors.
finding that he
students
university rulesinandbothregulations.
public and The privateDean schools,
set the especially
cannottoreally
Likewise, because of academic
do school work. On freedom,
the other an hand,
the underprivileged.
complaint for hearing. However, [Section 2(3)] Ting filed a institution
the poor man's of higher
son learning can close a school.
may be academically deficient
4The
petition Statethe
before shall
RTC encourage
to prohibit non-formal,
the Deaninformaland and
precisely as a result of poverty so that if relieved
indigenous
the school learning systems,
from investigating as well as self-learning,
him contending that of its effects it is probable he will do better in
independent
the mauling incident andhappened
out-ofschool studythe
outside program
school particularly
school. The democratization of wealth and power,
those and
premises that respond
therefore, to community
outside the needs, [SectionEducation;
school's 2|4|] in Art.
implicit AlienXIII,
Enrollees
Sec. 1, & Donors (1999) the
and justifies
5The State
jurisdiction. The shallschool provide
and the adultDean
citizens, the disabled,
answered and of the Rector in this case.
decision
No II - C. What is the rule on the number of aliens
out-of-school
that the school can youth with training
investigate Ting in civics,
since vocational
his who may enroll in educational institutions in the
conductefficiency
outsideand schoolotherhours
skills.and
[Section
even 2(5)]outside of Philippines. Give the exception to the rule. May
school6The State shall
premises affecttaketheinto account
welfare of theregional
school; Education; Academic Freedom (1989)
and sectoral
such institutions accept donations from foreign
needs and conditions and
and furthermore, the case involves a student andshall encourage local planning
No. 9: What
students underdo theyou understand
pretext that suchby academic
donations are
facultyinmember.
the development
If you were of educational
the judge, how policies
wouldand programs.
freedom?
to be used to buy equipment and improve school
[Section
you decide the5(1|]
case? facilities? Explain. (2%)
7The State shall enhance the rights of teachers to SUGGESTED ANSWER:
professional advancement. Non-teaching academic and
According to Sidney Hook, academic freedom is
non-academic personnel shall enjoy the protection SUGGESTED
of the ANSWER:
SUGGESTED ANSWER: the freedom of professionally qualified persons to
State. [Section 5(4)]
inquire,
C. Under discover,
Section publish
4(2),andArticle
teach XIV the truthof theas
If I were
8The the Judge,
State shallI would
assign dismiss
the highest the budgetary
petition. priority to
Constitution,
they see it in the no field
group of aliens
of their shall comprise
competence without
In Angeles
education v Sison, 112 SCRA
and ensure 26, it was
that teaching held and retain
will attract
being subject
more than one-third
to any control
of the orenrollment
authority exceptin any
that aitsschool can subject to disciplinary
rightful share of the best available talents action a through
school.
the control orThe exception
authority refers methods
of the rational to schools by
student who assaulted
adequate remuneration a professor
and other outside
meansthe of job
Education; which
establishedtruths fororforeign
conclusions
diplomatic are personnel
sought and
and
schoolsatisfaction
premises, and because the misconduct
fulfillment. [Section 5(5)] of the
their dependents
established in theseand, unless otherwise provided
disciplines.
student involves his statusAcademic as, a student or
by law, for other foreign temporary residents.
affects the goodFreedom; name or reputation of the
school. The misconduct Extent of Ting directly affects In Garcia vs. Faculty Admission Committee, 68
(1999)
his suitability as a student. SCRA 277, it institutions
Educational was held that maythe accept
academic donations
freedom
of institutions
from foreign ofstudents.
higher learning
No provision
involves in a wide
the
sphere of autonomy
Constitution or any lawinprohibits
deciding it. their objectives
and the best means of attaining them without
outside interference except when overriding public
No II - A.
Education;
welfare callsDuties for some of State in Re
restraint. Thus,Education
a school
What is Academic F
(1999)
can determine for itself who may teach, who may
reedom?
be taught, how it shall be taught, and who may be
enjoyed by institutions Discuss of higher learning. (2%) No II - B. Give two duties of the state mandated by
admitted to study.
the Constitution In Tangonon
regarding education. vs.(2%)
Pano, 137
the
SUGGESTED ANSWER: SCRA 245, it was held that the academic freedom
extent
A. According to Reyes v. Court of Appeals, 194 of an institution of higher learning includes the
of SUGGESTED ANSWER:
right to prescribe academic standards and to
SCRA 402, academic freedom is the freedom of a
Academic
refuse
B. Article XIV of the to
re-enrollment students imposes
Constitution for academic the
faculty member Freedom to pursue his studies in his
deficiencies and violation
following duties regarding education upon of disciplinary
the
particular specialty and thereafter to make known
regulations.
State: According to University of San Carlos
or publish the result of his endeavors without fear
vs. Court of Appeals,
that retribution would be visited on him in the 1. The State shall protect and promote
event that his conclusions are found distasteful or
G.R. the No.right of all October
79237, citizens to18, quality
1988, education
academic at
objectionable by the powers that be, whether in all levels and shall
freedom includes thetakeright
appropriate steps to
to prescribe
the political, economic, or academic make such
requirements for theeducation
confermentaccessible
of honors. to all.
establishments. (Section 1)
In Garcia v. Faculty Admission Committee, 68
SCRA 277, it was held that the Education; Academic Freedom (1993)
Education; Flag Salute (1987)
No. XIII: The requirement that school children
participate in flag ceremonies has been the
subject of controversy. On the one hand it is the
view that the requirement violates religious
freedom; on the other is the Supreme Court
decision that because of relevant provisions of
the 1935 Constitution the flag salute may be
validly required.
Which of the above finds support on 1987
Constitution, Cite at least two provisions to prove
your point.
SUGGESTED ANSWER:
The view that flag salute may validly be required
finds support in the following provisions of the
1987 Constitution:
SUGGESTED ANSWER:
I shall take the proposition for Team C.
International Law and municipal law are supreme
in their own respective fields. Neither has
hegemony over the other. (Brownlie, Principles of
Public International Law, 4th ed. p. 157.) Under
Article II, Section 2 of the 1987 Constitution, the
generally accepted principles of international law
form part of the law of the land. Since they merely
have the force of law, if
wish to take an active part in international politics. Outer space in this estimate begins from the
The power that guarantee its neutralization may be lowest altitude an artificial satellite can remain in
motivated either by balance of power considerations orbit. Under the Moon Treaty of 1979 the moon
or by the desire to make the weak state a buffer and the other celestial bodies form part of outer
between the territories of the great powers. (J. space.
SALONGA & P. YAP, PUBLIC INTERNATIONAL
In outer space, the space satellites or objects are
LAW 76 (1966)).
under the jurisdiction of States of registry which
covers astronauts and cosmonauts. This matter is
2. Firstly, neutrality obtains only during war, covered by the Registration of Objects in Space
whereas neutralization is a condition that applies Convention of 1974 and the Liability for Damage
in peace or in war. Secondly, neutralization is a Caused by Spaced Objects Convention of 1972.
status created by means of treaty, whereas
neutrality is a status created under international
Principle of Auto-Limitation (Q10-2006)
law, by means of a stand on the part of a state not
1. What is the principle of auto-limitation?
to side with any of the parties at war. Thirdly,
(2.5%) ALTERNATIVE ANSWER: Under the
neutrality is brought about by a unilateral
principle of auto-limitation, any state may by its
declaration by the neutral State, while
consent, express or implied, submit to a
neutralization cannot be effected by unilateral act,
restriction of its sovereign rights. There may thus
but must be recognized by other States. (Id.)
be a curtailment of what otherwise is a plenary
power (Reagan v. CIR, G.R. L-26379, December
Outer Space; Jurisdiction (2003) 27, 1969).
No XIX - What is outer-space? Who or which
can exercise jurisdiction over astronauts while in
outer space?
Reciprocity v. Principle of Auto-Limitation
ALTERNATIVE ANSWER: (Q10-2006)
2. What is the relationship between reciprocity
There are several schools of thought regarding the
and the principle of auto-limitation? (2.5%)
determination of outer space, such as the limit of
ALTERNATIVE ANSWER: When the Philippines
air flight, the height of atmospheric space, infinity,
enters into treaties, necessarily, these international
the lowest altitude of an artificial satellite, and an
agreements may contain limitations on Philippine
altitude approximating aerodynamic lift. Another
sovereignty. The consideration in this partial surrender
school of thought proceeds by analogy to the law
of sovereignty is the reciprocal commitment of other
of the sea. It proposes that a State should exercise
contracting states in granting the same privilege and
full sovereignty up to the height to which an aircraft
immunities to the Philippines. For example, this kind of
can ascend. Non-militant flight instrumentalities
reciprocity in relation to the principle of auto-limitation
should be allowed over a second area, a
characterizes the Philippine commitments under
contiguous zone of 300 miles. Over that should be
WTO-GATT. This is based on the constitutional
outer space. The boundary between airspace and
provision that the Philippines "adopts the generally
outer space has not yet been defined. (Harris,
accepted principles of international law as part of the
Cases and Materials on International Law, 5th ed..
law of the land and adheres to the policy of ...
pp. 251-253.) Under Article 8 of the Treaty on the
cooperation and amity with all nations" (Tanada v.
Principles Governing the Activities of States in the
Angara, G.R. No. 118295, May 2, 1997).
Exploration and Use of Outer Space, Including the
Moon and Other Celestial Bodies, a State on
whose registry an object launched into outer space
retains jurisdiction over the astronauts while they
are in outer space. SUGGESTED ANSWER:
1. Whether simple or composite, a State is said to
be neutralized where its independence and
ALTERNATIVE ANSWER: integrity are guaranteed by an international
convention on the condition that such State
Outer space is the space beyond the airspace
obligates itselfofnever
Recognition States;
to take
De Facto
up arms
vs.against
De Jure any
surrounding the Earth or beyond the national
other State, except
Recognition (1998)for self-defense, or enter into
airspace. In law, the boundary between outer space
such international obligations as would indirectly
and airspace has remained undetermined. But in No XII. Distinguish between de facto recognition
involve it in war. A State seeks neutralization
theory, this has been estimated to be between 80 to and de jure recognition of states. [5%)
where it is weak and does not
90 kilometers.
SUGGESTED ANSWER:
The following are the distinctions between de
facto recognition and de Jure recognition of a
government:
1De facto recognition is provisional, de Jure recognition
is relatively permanent;
2De facto recognition does not vest title in the
government to its properties abroad; de Jure
recognition does;
3De facto recognition is limited to certain juridical
relations; de jure recognition brings about full diplomatic
relations. (Cruz. International Law. 1996 ed.. p. 83.)
passage of warships through Mantranas Strait various parts
Batanes. of Asia. The convention
By international Japanese Government
certain has
without giving any reason therefor. Subsequently, accordingly
corals launchedspecies.
are protected a goodwill campaign
Just and has
before the
another warship of Beta passed through the said offeredreached
vessel the Philippine
the highGovernment substantial
seas, the Coast Guard
strait, and was fired upon by Epsilon's coastal assistance
patrol for a program
intercepted thatand
the vessel will seized
promote its— through
cargo
battery. Beta protested the aforesaid act of Epsilon government
including tuna.andThenon-governmental organizations
master of the vessel and the —
drawing attention to the existing customary womens'
owner rights,
of the cargochild welfare, claiming
protested, nutrition and family
the rights
international law that the regime of innocent health
of care.
transit passage and innocent passage, and
passage (even of transit passage) is non- sought recovery of the cargo and the release of
suspendable. Epsilon countered that Mantranas the ship. Is the claim meritorious or not? Reason
An executive agreement is about to be signed for
Strait is not a necessary route, there being another briefly. (5%) SUGGESTED ANSWER; The claim
that purpose. The agreement includes a clause
suitable alternative route. Resolve the above- of innocent passage is not meritorious. While the
whereby the Philippine Government acknowledges
mentioned controversy, Explain your answer. (4%) vessel has the right of innocent passage, it should
that any liability to the "comfort women" or their
not commit a violation of any international
descendants are deemed covered by the
convention. The vessel did not merely navigate
SUGGESTED ANSWER: reparations agreements signed and implemented
through the territorial sea, it also dragged red
immediately after the Second World War.
Assuming that Epsilon and Beta are parties to corals in violation of the international convention
ALTERNATIVE ANSWER:
the UNCLOS, the controversy maybe resolved which protected the red corals. This is prejudicial
Thefollows:
as distinction between de facto recognition and Juliano
to the good Iglesias,
order of athedescendant of a 19(2)
Philippines. (Article now
de jure recognition of a State is not clear in deceased
of comfort on
the Convention woman,
the Lawseeks
of theyour
Sea)advice on
Under the UNCLOS, warships enjoy a right of
international law. It is, however, usually assumed the validity of the agreement. Advise him.
innocent passage. It appearing that the portion of
as a point of distinction that while de facto
Epsilon's territorial sea in question is a strait used SUGGESTED ANSWER:
recognition is provisional and hence may be
for international navigation, Epsilon has no right
withdrawn, de jure recognition is final and cannot The agreement is valid. The comfort women and
under international law to suspend the right of
be withdrawn. their
Rights descendants
and Obligationcannot underassert
UN individual
Charter claims
innocent passage. Article 45(2) of the UNCLOS is
against
(1991) Japan. As stated in Davis & Moore vs.
Confronted
clear with the emergence
in providing that thereof shall
a new bepolitical
no
Regan, 453 U.S. 654, the sovereign authority of a
entity in the of
suspension international community,
innocent passage a State
through may
straits No.
State14:
to State
settleXclaims
invades andnationals
of its conquers State Y.
against foreign
experience
used some difficulty
for international in responding to the
navigation. The Unitedhas
Nations Securitybeen Council declares the
countries repeatedly recognized. This
question whether the new political order qualifies invasion and conquest illegal and orders
may be made without the consent of theannationals
to be regarded as a state under international law, international embargo against withStatethem.
X.
On the assumption that the straits in question is not or even without consultation Since the
in particular from the viewpoint of its effectiveness Subsequently, the same U.N. a body adopts a other
used for international navigation, still the continued amity between State and
and independence on a permanent basis. The resolution calling for an enforcement action against
suspension of innocent passage by Epsilon cannot countries may require a satisfactory compromise of
recognizing State may consider its act in regard to State X under Chapter VII of the U.N. Charter.
be effective because suspension is required under mutual claims, the necessary power to make such
the new political entity as merely a de facto State Z, a U.N.hasmember, religiously complies with
international law to be duly published before it can compromises been recognized. The settlement
recognition, implying that it may withdraw it if in the embargo but refuses to take part in the
take effect. There being no publication prior to the of such claims may be made by executive
the end it turns out that the conditions of enforcement
suspension of innocent passage by Beta's warship, agreement. action, sending a medical mission
statehood are not fulfilled should the new authority instead of fighting troops to the troubled area.
Epsilon's act acquires no validity.
not remain in power.
Right to Innocent Passage (1999)
Moreover, Epsilon's suspension of innocent (a) Did State Z violate its obligations under the
But even then, a de facto recognition in this No
U.N.XCharter?
- C. State Epsilon, during peace time, has
passage may not be valid for the reason that there
context produces legal effects in the same way as allowed foreign ships innocent passage through
is no showing that it is essential for the protection
de jure recognition. Whether recognition is de Mantranas Strait, a strait within Epsilon's territorial
of its security. The actuation of Beta's warship in (b)
facto or de jure, steps may be taken to withdraw seaIfwhich
so, whathassanctions
been usedmay be taken
by foreign against
ships for
resorting to delayed passage is for cause it?
recognition if the conditions of statehood in international
(c) If not, whynavigation.
not? Such passage enabled
recognized by the UNCLOS as excusable, i.e., for
international law are not fulfilled. Thus, from this the said ships to traverse the strait between one
the purpose of rendering assistance to persons or ANSWER:
standpoint, the distinction is not legally significant. part of the high seas to another. On June 7,
ship in distress, as provided in Article 18(2) of the
1997, a warship of State Beta passed through the
UNCLOS. Hence, Beta's warship complied with
above-named
(a) No, State Zstrait.
did notInstead
violateofitspassing through
obligations under
Note:international
the The question lawshould
normsrefer
on to recognition
right of
of innocent
continuously and expeditiously, the
the United Nations Charter. It complied with theship delayed
government not recognition of state because
passage.
its passagecalling
resolution to render assistance toaction
for enforcement a shipagainst
of State
there is no such distinction in recognition of
Gamma
State X, because it sent a medical team. nearby
which was distressed with no one
state.
Right to Transit and Innocent Passage (2004) to assist. When confronted by Epsilon about the
II-B. En route to the tuna fishing grounds in the (b) No Beta
delay, sanctions may be
explained thattaken against
the delay wasState
due Z.to
Reparations
Pacific Ocean,Agreement; Validityin(1992)
a vessel registered Country TW because
force majeure in conformity with the provisionthe
it did not violate its obligation under of
entered the Balintang
No. 14: The JapaneseChannel northconfirmed
Government of Babuyan United Nations
Article 18(2) Charter.
of the 1982 Convention on the Law of
Island and with
that during special World
the Second hooks War,
and nets dragged
Filipinas were the Sea (UNCLOS).
(c) Compliance Seven
with the monthscalling
resolution later, Epsilon
for
up red corals
among found near as "comfort women" (or
those conscripted suspended the right of innocent
enforcement action against Slate X does not
prostitutes) for Japanese troops in necessarily call for the sending of
fighting troops. Under Art 43 of the United
Nations Charter, compliance with the call for
enforcement action against State X has to be
made in accordance with a special agreement
with the Security Council and such agreement
shall govern the numbers and types of forces,
their degree of readiness and general locations,
and the nature of the facilities and assistance to
be supplied by members of the United Nations.
SUGGESTED ANSWER: An
INSTRUMENTALITY refers to any agency
of the national government not integrated
within the departmental framework, vested
with special functions or jurisdiction by law,
with some if not all corporate powers,
administering special funds, and enjoying
operational autonomy, usually through a
charter. (Iron and Steel Authority v. Court of
Appeals, G.R. No. 102976, October 25,
1995)