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April 17, 2011

BAR REVIEWER ON POLITICAL LAW

I. The Constitution

A. Kinds

1. Constitutions may be classified as:

a. Written and unwritten. 1

b. Conventional and cumulative. 2

c. Flexible and rigid. 3

d. Libertarian and authoritarian

B. Purposes

1. The purposes of a constitution are the following:

a. To prescribe the permanent framework of a system of government. 4

b. To assign to different department units their respective powers and duties.

c. To establish certain fixed first principles on which the government is founded. 6

d. To lay down principles for the guidance of the people.

5

C. Requisites of a Good Constitution

1. The following are the requisites of a good constitution:

a. Breadth 7

b. Brevity

c. Definiteness 9

d. Adaptability

8

D. Parts of a Constitution

1. The following are the parts of a constitution:

a. Constitution of liberty, which refers to the provisions setting forth the fundamental civil and political rights of the citizens.

b. Constitution of government, which refers to the provisions outlining the organization of the government. 11

c. Constitution of sovereignty, which refers to the procedure for amending the constitution.

10

12

1 Tañada and Carreon, Political Law of the Philippines, Vol. 1, pp. 66-67.

2 Ibid.

3 Ibid.

4 Malcolm, Philippine Constitutional Law, p. 6.

5 Ibid

6 Ibid

7 Tañada and Carreon, op. cit, Vol 1, p. 71.

8 Ibid

9 Ibid

10 Garner, Introduction to Political Science, pp. 397-398

11 Ibid

12 Ibid

1

d.

Constitution of citizenship, which refers to the provisions defining who are the citizens of a country.

E. Amendments and Revisions

1. The following may propose amendments to the Constitution:

a. Congress by a three-fourths vote of all its members. 13

b. Constitutional Convention. 14

c. The people through initiative. 15

d. Constitutional Commission

2. The following are the limitations on the power of the people to propose amendments to the Constitution:

a. The people cannot propose revisions. 16

b. The petition for an initiative must be signed by at least 12% of the total number of registered voters, with at least 3% of the registered voters in every legislative district being represented.

c. The people can propose amendments only once every five years. 18

d. There must be a ninety-day information drive before the solicitation of signatures for the petition.

17

3. The proposition which constitutes a revision of the Constitution is:

a. Changing the age requirement for the right of suffrage to 21 years.

b. Reducing the Filipino ownership of mass media companies to 60%. 20

c. Requiring a college degree as a qualification for election as President. 21

d. Changing the legislature from a bicameral to a unicameral assembly.

19

F. Self-Executory and Non-Legal Executory Provisions

1. The provision of Article II of the Constitution which is self-executory is:

a. Section 5, which deals with the promotion of the general welfare of the people. 22

b. Section 12, which deals with the natural right and duty of parents in the rearing of the youth. 23

c. Section 13, which deals with the promotion of the moral well-being of the youth. 24

d. Section 6, which deals with the protection of the right of the people to a balanced and healthful ecology.

25

13 Section 1, Article XVII of the Constitution.

14 Ibid

15 Ibid

16 Sec. 1, Article XVII of the Constitution.

17 Ibid

18 Ibid

19 Lambino vs. Commission on Elections, 505 SCRA 160.

20 Ibid

21 Ibid

22 Kilosbayan vs. Morato, 246 SCRA 540

23 Ibid

24 Ibid

25 Oposa vs. Factoran, 224 SCRA 792

2

2. The

provision of Article II of

executory is:

the Constitution which is which is self-

a. Section

2,

which

makes

the

generally

26

accepted

principles

27

29

of

international law part of the law of the land.

b. Section 11, which guarantees full respect for human rights.

c. Section 17, which promotes total human liberation and development. 28

d. Section 18, which provides promotion of the welfare of workers.

3. The provision of the Constitution which is self-executory is:

a. Section 19, Article II which provides for a self-reliant and independent economy effectively controlled by Filipinos. 30

b. Section 24, Article II which recognizes the vital role of communication and information in nation building.

c. Section 25, Article II, which provides for autonomy of local government units. 32

d. Section 28 (1), Article VI, which provides for a progressive system of taxation. 33

31

4. The provision of the Constitution which is self-executory is:

a. Section 7, Article III. which deals with the right to information. 34

b. Section 17, Article XII, which grants the State the power to take over a privately owned business in case of national emergency.

c. Section 1, Article XIII, which provides for the reduction of social, economic and political inequalities.

d. Section 2, Article XIII, which provides for the promotion of social justice. 37

35

36

5. The provision of the Constitution which is self-executory is:

a. Section 10, Article XII, which gives preference to Filipinos in the grant

national

of

rights,

privileges

and

concessions

concerning

the

38

patrimony.

b. Section II, Article XIII, which provides for health and social services. 39

c. Section 14, Article XIII, which protects working women. 40

d. Section 1, Article XIV, which provides for the right to quality education. 41

6. The provision of the Constitution which is self-executory is:

26 Razon vs. Tagitis, 606 SCRA 598

27 Basco vs. Philippine Amusements and Gaming Corporation, 197 SCRA 57.

28 Kilosbayan, Inc. vs. Morato, 246 SCRA 548

29 Bases Conversion and Development Authority vs. Commission on Audit, 580 SCRA 295

30 Tañada vs. Angara, 272 SCRA 18

31 Philippine Long Distance Telephone Company vs. National Telecommunications Commission, 190 SCRA 717

32 Ibid

33 Tolentino vs. Secretary of Finance, 235 SCRA 630

34 Legaspi vs. Civil Service Commission, 150 SCRA 530

35 David vs. Arroyo, 489 SCRA 160

36 Tolentino vs. Secretary of Finance, 235 SCRA 630

37 Basco vs. Philippine Amusements and Gaming Corporation, 197 SCRA 52.

38 Legaspi vs. Civil Service Commission, 150 SCRA 530

39 Manila Prince Hotel vs. Government Service Insurance System, 2364 SCRA 408

40 David vs. Arroyo, 489 SCRA 160

41 Tatad vs, Secretary of the Department of Energy, 281 SCRA 330

3

a. Section 1, Article XIII, which directed Congress to give priority to measures that enhance human dignity and reduce inequalities.

b. Section 9, Article XII, which provides for the resettlement of poor dwellers. 43

c. Section 1, Article XIV, which provides for promotion of the right to quality education. 44

d. Section 5 (2), Article XIV which guarantees academic freedom in all institutions of higher learning. 45

42

II. General Considerations

A. National Territory

1. The national territory of the Philippines does not include:

a. Its internal waters. 46

b. The Kalayaan Islands. 47

c. North Borneo. 48

d. The land occupied by foreign embassies. 49

B. State Immunity from Suit

1.

The principle that a suit against the state which will result in financial liability on the part of the State is not allowable applies in case of:

a. A suit by unpaid laborers of a contractor with the government for payment to them by the government of their wages from the money appropriated for the project.

b. A suit of an illegally removed government employee for reinstatement and payment of back wages where funds have been appropriated for his wages.

c. A suit by a war veteran for payment of his pension where the public officer in charge of releasing the funds appropriated refuses to do so.

d. A suit against the Technological Education on Skills Development Authority, an unincorporated government instrumentally in charge of education, training and skills development, for payment for the printing of identification cards. 53

50

51

52

2. The principle that a suit against the State involving property in which it claims to have an interest is not allowable does not apply in:

a. A suit in which the plaintiff claims an interest adverse to the State. 54

b. A suit to recover just compensation for property taken by the State without filing an expropriation case.

55

42 Tolentino vs. Secrertary of Finance, 235 SCRA 630.

43 People vs. Leachon, 276 SCRA 163

44 Tolentino vs. Secretary of Finance, 235 SCRA 630

45 Garcia vs. Faculty Admission Committee, 68 SCRA 27

46 Article 1 of the Constitution.

47 Ibid

48 Ibid

49 Reagan vs. Commissioner of Internal Revenue, 38 SCRA 968.

50 Moreno vs. Macadaeg, 7 SCRA 700

51 Piñero vs. Hechanova, 18 SCRA 417

52 Aniano vs. Philippine Veterans Affairs Office, 179 SCRA 214

53 Professional Video, Inc. vs. Technological Education and Skills Development Authority, 591 SCRA 83

54 Lim vs. Brownwell, 107 Phill. 344

4

c.

An action questioning the revocation of a timber license which was issued without authority. 56

d. An action to recover ownership of a piece of land on the basis of a claim by the plaintiff that he had an informacion posesoria. 57

3. A suit will not be dismissed on the ground that it involves an act which belongs to the State in his political capacity in case of:

a. A suit to compel grant of an application for a visa.

b. A suit for payment of a sum of money which will require an appropriation of funds. 58

c. A suit to enjoin interference with logging operations in a military base. 59 .

d. A suit by a stockholder of a sequestered corporation to allow inspection of its records. 60

4. A suit against a public officer is not a suit against the State in case:

a. A suit by the owner of a motor vehicle seized by officers of the Department of Environment and Natural Resources for transporting illegally cut timber sued them to recover the motor vehicle. 61

b. A suit for damages filed by an acquitted accused against the law officer who testified in the criminal case against him. 62

c. A suit against a regional director for refusing to allow the return of a government employee reassigned by the Department Secretary in the absence of an authorization to return.

d. A suit against a public officer to annul the award to somebody else of the orbital slots assigned to a satellite company. 64

63

5. A suit against a public officer is a suit against the State in case of:

a. A suit against a public officer to prohibit the enforcement of an unconstitutional law.

b. A suit for dismissing a subordinate employee for dealing in prohibited drugs.

c. A suit for violation of constitutional rights. 67

d. A petition for mandamus to compel the release of public funds appropriated for payment of pension benefits. 68

65

66

6. The defense of immunity of the State from suit is waived in case:

a. Congress passed a law waiving the immunity from suit. 69

55 Ministerio vs. Court of First Instance of Cebu, 40 SCRA 464

56 Tan vs. Director of Forestry, 125 SCRA 302

57 Republic vs. Feliciano, 148 SCRA 429

58 United States vs.Guinto, 182 SCRA 649

59 Baer vs. Tizon, 57 SCRA 1

60 Republic vs. Sandiganbayan, 199 SCRA 39

61 Calub vs. Court of Appeals, 331 SCRA 55

62 Muncher vs. Court of Appeals, 397 SCRA 245

63 Republic vs. Court of Appeals, 182 SCRA 721

64 Philippine Agila Satellite, Inc vs. Lichauco, 489 SCRA 22

65 J.M. Tuazon & Company, Inc. vs. Land Tenure Administration, 31 SCRA 413

66 United States vs. Ceballos, 182 SCRA 649

67 Aberca vs. Ver, 160 SCRA 590

68 Animas vs. Philippine Veterans Administration, 174 SCRA 214

69 Social Security System vs. Court of Appeals, 120 SCRA 707

5

b. A commission created to investigate the violent dispersal of a rally recommended payment of indemnity to the victims. 70

c. The Solicitor General failed to invoke it as a defense. 71

d. The President ordered the Solicitor General to waive it as a defense.

7. A governmental agency is performing governmental functions if:

a. It is engaged in the construction and maintenance of roads. 72

b. It is engaged in the collection and disposal of garbage. 73

c. It services the printing needs of the government.

d. It is engaged in the construction and administration of irrigation systems.

74

75

8. A government agency is not performing governmental functions if:

a. It is engaged in banking.

b. It is engaged in improvement of the economic conditions of farmers. 77

c. It is trading in palay, rice, and corn to stabilize their prices. 78

d. It is engaged in low-cost housing. 79

76

9. A government instrumentality is not performing governmental function if:

a. It is providing insurance. 80

b. It manages airports.

c. It is providing education. 82

d. It is handling formal and non-formal training. 83

81

10. A government performing proprietary function cannot be sued if:

a. It is the Bureau of Customs operating the arrastre service. 84

b. It is operating a railway.

c. It is operating a restaurant. 86

d. It is the Armed Forces of the Philippines operating a commissary. 87

85

11. The State can be sued if the contract in which it is involved is:

a. A contract related to defense, 88

b. Purchase of bluestone copper sulfate by the Bureau of Telecommunications for services it is rendering. 89

70 Republic vs. Sandoval, 220 SCRA 124

71 United States of America vs. Ceballos, 182 SCRA 644

72 Palafox vs. Province of Ilocos Norte, G.R. No. L-10659, January 1, 1959

73 Department of Public Services Labor Union vs. Court of Industrial Relations, 110 Phil, 927

74 Bureau of Printing vs. Bureau of Printing Employees Association, 110 Phil, 952

75 Fontanilla vs. Maliaman, 179 SCRA 685

76 Republic vs. Philippine National Bank, 13 SCRA 24

77 Philippine Virginia Tobacco Administration vs. Court of Industrial Relations, 65 SCRA 416

78 Republic vs. Court of First Instance of Rizal, 99 SCRA 660

79 Badillo vs. Tayag, 400 SCRA 494

80 Social Security System Employees Association vs. Soriano, 9 SCRA 511

81 Manila International Airport Authority vs. Court of Appeals, 495 SCRA 591

82 Serrano vs. Sandiganbayan, 542 SCRA 224

83 Professional Video, Inc. vs. Technological Education and Skills Development Authority, 391 SCRA 83

84 Mobil Philippines Explorations, Inc vs. Customs Arrastre Service, 18 SCRA 1120

85 Malong vs. Philippine National Railway, 138 SCRA 63

86 United States vs. Guinto, 182 SCRA 644

87 Philippine Refining Company vs. Court of Appeals, 256 SCRA 667.

88 United States vs. Ruiz, 136 SCRA 482

89 Pacific Products, Inc. vs. Ong, 151 SCRA 536.

6

c.

Preparation of plans, specifications and documents for a hospital and construction supervision which were rendered. 90

d.

Contract for printing of polyvinyl identification cards for trainees entered into by an unincorporated government instrumentality performing governmental functions.

91

12. The State cannot be sued when the suit involves a contract when:

a. A government office organized to disseminate government information obtained a loan to pay for the rights to telecast basketball games: 92

b. A donor sued to revoke a donation for failure of the government agency to comply with the conditions of the donation. 93

c. The government agency convinced the contractor to complete the project upon assurance that additional funds would be appropriated. 94

d. A taxpayer sued to enjoin the award of a contract because the bid of the lowest bidder should be considered unacceptable. 95

13. When the State gets involved in a lawsuit, it waives its immunity from suit to the extent that:

If it filed a complaint, a compulsory collection can be raised against it: 96 A petition for certiorari may be filed against it as an incident of the case it filed. 97 If it intervened in an action and asked for affirmative relief, a compulsory counterclaim may be filed against it. 98

d. If it filed a complaint, a permissive counterclaim may be filed against it. 99

a.

b.

c.

C. Separation of Powers and Checks and Balances

1. The following statement is correct:

a. A law granting the President of the Senate and the Speaker of the House of Representatives power to appoint officers in the Executive Department is valid:

b. A law providing that a constitutional provision interpreted by the Supreme Court should be interpreted differently is valid.

c. A law authorizing Members of Congress to propose and identify projects to be funded by the countrywide development fund is valid.

d. A law requiring that the implementing rules and regulations be submitted to a Joint Congressional Oversight Committee is valid.

100

101

102

103

2. The following statement is correct:

90 Department of Health vs. C.V. Canchela & Associates, 475 SCRA 218

91 Professional Video, Inc. vs. Technical Education and Skills Development Authority, 591 SCRA 83

92 Traders Royal Bank vs. Intermediate Appellate Court, 192 SCRA 305

93 Santiago vs. Republic, 87 SCRA 2004

94 EPG Construction Company vs. Vigilar, 354 SCRA 566

95 Republic vs. Nolasco, 457 SCRA 400

96 Froilan vs. Pan Oriental Shipping Company, 95 Phil. 905

97 Republic vs. Sandiganbayan, 184 SCRA 383

98 Dizon vs. Rodriguez, 13 SCRA 704

99 Spawr vs. United States, 796 F2d. 279

100 Springer vs. Government of the Philippine Island, 277 U.S. 189

101 Endencia vs. David, 93 Phil, 696

102 Philippine Constitution Association vs. Enriquez, 235 SCTA 506

103 Abakada Guro Party List vs. Purisima, 562 SCRA 251

7

a. A law giving the Ombudsman the power to review a decision of the Supreme Court is valid. 104

b. A law giving the Secretary of Justice the power to discharge someone to be a state witness pursuant to a witness protection program encroaches upon the power of the court to discharge a state witness. 105

c. The President may veto a law appropriating funds to pay the increase in the retirement benefits of retired Justices of the Supreme Court awarded in a decision of the Supreme Court is valid. 106

d. A Senator cannot ask the Supreme Court to compel the Office of the President to submit to the Senate a treaty to which the Philippines has acceded for its concurrence in the ratification. 107

3. The following statement is correct:

a. A law requiring members of the Judiciary to act as arbitrators is valid. 108

b. A law providing that executive officers who have the same rank members of the Judiciary and who are charged administratively be investigated by the Supreme Court is valid.

c. Appointing a member of the Judiciary as an adviser in the Executive Department is valid. 110

d. A law requiring arbitration of certain disputes is valid. 111

109

4. The following statement is correct:

a. The Supreme Court can review whether the punishment of a member of the House of Representatives for disorderly behavior was tainted with grave abuse of discretion.

b. The Supreme Court can review if an amendment inserted by a Bicameral Conference Committee of Congress is invalid, because it was not the subject of any disagreement between the two chambers. 113

c. The Supreme Court can review if the representation of the Members of the Commission on Appropriations complied with the proportional representation of the political parties.

d. The Supreme Court can review the manner of selection of the officers of Senate apart from its President. 115

112

114

III. Legislative Department

A. Delegation of Legislative Power

I. Legislative power may not be delegated in the following instances:

a. Delegation of tariff powers and emergency powers to the President.

104 In re Laureta, 148 SCRA 280

105 Webb vs. De Leon, 247 SCRA 852

106 Bengzon vs. Drilon, 208 SCRA 133

107 Pimentel vs. Office of the Executive Secretary, 462 SCRA 622

108 Manila Electric Company vs. Pasay Transportation Company, 57 Phil. 600

109 Noblejas vs. Teehankee, 23 SCRA 405

110 In re Manzano, 166 SCRA 246

111 Philippine Veterans Investment Development Corporation vs. Velez, 199 SCRA 405

112 Osmeña vs. Pendatun, 109 Phil, 863

113 Philippine Judges Association vs. Prado, 227 SCRA 703

114 Guingona vs. Gonzales, 214 SCRA 789

115 Santiago vs. Guingona, 298 SCRA 756

8

b. Delegation to the people at large through initiative and referendum

c. Delegation to local governments of matters of local concern. 116

d. Delegation to the Judiciary of the penalty for a criminal offense without providing for the minimum and the maximum of the penalty. 117

2. The delegation of rule-making power to an administrative agency is not valid in case:

a.

b.

c

d.

Operation of private schools is based on efficiency and adequate instruction to the public.

The law grants the President the power to create municipalities. 119

The Secretary of Labor and Employment may assume jurisdiction over a labor dispute in an industry indispensable to national interest.

The Board of Medical Education is authorized to regulate medical schools for the standardization of medical education. 121

118

120

3. The delegation of rule-making power to an administrative agency is not valid in case:

a. Public safety is not expressly stated but is merely implied

as

a

standard

for

the

rule-making

power

of

the

Land

Transportation

Office. 122

b. The

law authorizes

the

Director

of

Animal

Industry

to

distribute

confiscated carabaos to deserving farmers as he may see it. 123 c. The law authorizes the Philippine Overseas Employment

Administration to protect the rights of overseas Filipino workers to favorable and equitable employment practices. 124

The law provides that the National Telecommunications Commission should be guided by the requirements of public safety, public interest and reasonable feasibility of maintaining effective competition.

d.

125

4. A law delegating rule-making power to an administrative agency is not valid in case:

a. The law authorizes the Chairman of the National Meat Inspection Commission to distribute confiscated carabeef to charitable institutions and other similar institutions as he may see fit. 126

b. The law automatically appropriates funds to pay the principal, interest, taxes and normal banking charges on loans of the Philippines as they become due, without specifying the amount. 127

c. The law authorized the Department of Budget and Management to classify positions in the government to provide equal pay for equal work and to base differences in pay upon differences in duties and qualification. 128

116 Abakada Guro Party List vs. Ermita, 469 SCRA 1

117 People vs. Dacuycuy, 173 SCRA 90

118 Philippine Association of College and Universities vs. Secretary of Education, 97 Phil. 806

119 Pelaez vs. Auditor General, 155 SCRA 569

120 Free Telephone Workers Union vs. Minister of Labor and Employment, 108 ACRA 757

121 Tablarin vs. Gutierrez, 152 SCRA 730

122 Agustin vs. Edu, 188 SCRA 195

123 Ynot vs. Intermediate Appellate Court, 148 SCRA 659.

124 Conference of Maritime Manning Agencies, Inc. vs. Philippine Overseas Employment Administration, 243 SCRA 666

125 Philippine Communications Satellite Corporation vs. Alcuaz, 180 SCRA 218

126 Ynot vs. Intermediate Appellate Court

127 Guingona vs. Carague, 196 SCRA 221

128 Rodriquez vs. Sandiganbayan, 309 SCRA 661

9

d.

A law authorized the Secretary of Health to issue rules and regulations for the promotion of public health. 129

5. A law which authorizes delegation of power is not valid in case:

a. The law authorizes mayors to refuse a permit for a public assembly if there is a clear and present danger to public order, public safety, public convenience, public morals or public health.

b. The law authorized the Energy Regulatory Commission to promulgate rules and regulations to ensure the total electrification of the county and the quality, reliability, security and affordability of the supply of electric power.

c. The law authorized the removal of officials and employees of the Bureau of Internal Revenue and the Bureau of Customs if the revenue collection falls short of the goal by 7.5 percent. 132

d A law authorized the regulatory board of public utilities to require annually a detailed report of finances and operation in such form and with such matters as the regulatory board may prescribe. 133

130

131

6. A law which authorizes delegation of power is not valid in case:

a. The law authorized the President to reorganize the Executive Department to achieve simplicity, economy, and efficiency. 134

b. The law authorizes the President to reorganize the administrative regions without prescribing any standard and the standard may be found in another law on the same subject. 135

c. A law granted an administrative agency the power to impose fines not exceeding P1,000 daily. 136

d. A law authorizes the courts to impose imprisonment as a penalty for a criminal offense without a minimum or a maximum duration.

137

B. Organization of Congress

1. The number of Congressmen cannot be increased by:

a. Creation of a new city with a population of at least 250,000. 138

b. Creation in a province of a new legislative district with a population of less than 250,000.

c. Creation of new legislative districts by the Regional Assembly of the Autonomous Region in Moslem Mindanao. 140

d. Increase of the legislative districts in a city or province. 141

139

2. The following statement regarding the party-list system is incorrect:

a. Major political parties can participate in the party-list elections. 142

129 Beltran vs. Secretary of Health, 476 SCRA 168.

130 Bayan, Karapatan, Kilusang Magbubukid ng Pilipinas vs. Ermita, 488 SCRA 226.

131 Gerochi vs. Department of Energy, 527 SCRA 696.

132 Abakada Guro Party List vs. Purisima, 562 SCRA 251.

133 Compania General de Tabacos de Filipinas vs. Board of Public Utility, 34 Phil. 136

134 Anak Mindanao Party List Group vs. Executive Secretary, 531 SCRA 583

135 Chiongbian vs. Orbos, 245 SCRA 253

136 Pacific Steam Laundry, Inc. vs. Laguna Lake Development Authority, 608 SCRA 442

137 People vs. Dacuycuy, 173 SCRA

138 Tobias vs. Abalos, 239 SCRA 106 139 Aquino vs. Commission on Elections, 617 SCRA 623

140 Sema vs. Commission on Elections, 558 SCRA 700.

141 Bagabuzo vs. Commission on Elections, 573 SCRA 270

10

b. The party-list organizations must represent the marginalized and underrepresented constituents only. 143

c. It is not mandatory that the party-list congressmen constitute 20% of the congressmen.

d. A party-list organization can be entitled to a seat in the House of Representatives even if it obtained less than two percent of the votes cast for the party-list system. 145

144

3. The following organizations are not entitled to participate in the party-list elections:

a. Businessmen 146

b. Professionals

c. Homosexuals

d. Women 149

147

148

4. The names of the nominees or the order of the nominees in the list of a party-list organization cannot be changed after their submission to the Commission of Elections except if:

a. The nominee dies

b. The nominee withdraws in writing

c. The nominee becomes incapacitated

d. The nominee is withdrawn by the party-list organization

5. A legislative district need not be:

a. Contiguous

b. Compact

c. Adjacent

d. Homogenous

150

6. A candidate for Congressman does not comply with the residence requirement in case:

a. He does not own any property in the legislative district. 151

b. He leased a house in the legislative district but bought it and transferred his registration as a voter in the legislative district less than a year before the election. 152

c. He leased a house in the legislative district, he married there, and his daughter was born there but he kept a mistress in another legislative district and was registered as a voter there. 153

142 Barangay Association for National Advancement of Transparency vs. Commission on Elections, 586 SCRA 210.

143 Bayan-OFW Party vs. Commission on Elections, 359 SCRA 698

144 Barangay Association for National Advancement for Transparency vs. Commission on Electiosn, 586 SCRA 210

145 Ibid

146 Ang Bagong Bayan-OFW Labor Party vs. Commission on Elections, 359 SCRA 698

147 Section , Republic Act No. 7941.

148 Ang Ladlad LGBT Party vs. Commission on Elections, 618 SCRA 32

149 Section 5, Republic Act No. 7941

150 Section 5 (3), Article 5 of the Constitution

151 Co vs. Electoral Tribunal of the House of Representatives, 199 SCRA 692

152 Domino vs. Commission on Elections, 310 SCRA 546

153 Perez vs. Commission on Elections, 317 SCRA 641

11

d.

He operated business in the legislative district for years before he ran, his children were schooling there two years before, and he leased a house there more than a year before.

154

7. The following statement is correct:

a. The special election to fill a vacancy in the Senate cannot be held together with the regular elections.

b. If the law increases the salaries of Members of Congress, the Congressmen who approved it can collect the increased salaries at their next term 156

c. Members of Congress need not disclose their financial and business interests.

d. A Member of Congress may file a bill which affects his business interests. 158

155

157

C. Legislative Privileges, Inhibitions and Disqualifications

1. The following statement is correct:

a. Congress can pass a law expanding the scope of the immunity from arrest of its Members. 159

b. A Congressman facing a criminal case punishable by reclusion perpetua can compel that he be allowed to attend the sessions of the House of Representatives. 160

c. The immunity from arrest of Members of Congress applies if

the

Congress

sessions.

is

in

session

even

if

they

are

not

attending

161

d. The Sandiganbayan cannot order the arrest of Members of Congress who have a pending criminal case before it if Congress is in session. 162

2. The parliamentary immunity of Members of Congress for speeches and debates does not extend to:

a. A speech sponsoring or opposing a bill. 163

b. Statements during debates on a bill. 164

c. A speech explaining his vote. 165

d. A derogatory letter written to the President. 166

3. The parliamentary immunity of Members of Congress applies in case:

a. He made a statement during a committee hearing. 167

154 Fernandez vs. House of Representatives Electoral Tribunal, 608 SCRA 433.

155 Section 4, Republic Act No. 7166

156 Philippine Constitution Association Inc. vs

157 Section 12, Article VI of the Constitution

158 Ibid.

159 Martinez vs. Morfe, 44 SCRA 22

160 People vs. Jalosjos, 324 SCRA 689

161 Record of the Constitutional Commission, Vol. II, p. 195.

162 Section II, Article VI of the Constitution

163 Jimenez vs. Cabangbang, 17 SCRA 876

164 Ibid

165 Ibid

166 Ibid

167 Jimenez vs. Cabangbang, 17 SCRA 876.

Gimenez, 15 SCRA 479.

12

5.

6.

4.

b. He was held liable for disorderly behavior by Congress for delivering an irresponsible speech.

c. He delivered a privileged speech inside Congress attacking the Supreme Court after his application for appointment to the Supreme Court was rejected.

d. He issued a press release.

168

169

170

A member of Congress is not required by the Constitution:

a. To give up his seat if he was elected Chairman of the Philippine National Red Cross. 171 .

b. To give up his seat if he was elected director of a government corporation organized under the Corporation Code. 172

c. To reject his appointment to an office created during his term. 173

d. To reject his appointment as judge if the salaries of judges were increased during his term.

174

A member of Congress is not prohibited from:

e. Personally appearing in his own behalf before any court. 175

f. Signing a pleading for a client of his law office.

g. Appearing as law counsel before a court martial. 177

h. Buying a nominal amount of shares in a corporation and intervening

176

178

.

in his own behalf in an intra-corporate dispute.

A Member of Congress is not prohibited by the Constitution:

7.

a. To enter into a contract to ride a train of the Philippine National Railway.

b. To enter into a contract to sell property to the Government. 180

c. To be a stockholder of a corporation that will enter into a contract for gain with the Government

d. To have his wife be a director of a corporation which has a contract for gain with the government. 182

179

181

A Member of Congress is prohibited by the Constitution:

a

b.

c.

To acquire shares of stock in a power corporation, a mining corporation, or a logging corporation.

To intervene for a relative without any pecuniary consideration. 184

To be a retained counsel of a bank being investigated by the Committee on Banks of the House of which he is a Member. 185

183

168 Osmeña vs. Pendatun, 109 Phil, 863

169 Pabre vs. Defensor-Santiago, 597 SCRA 1

170 Hutchinson vs. Proxmire, 443 U,S. 111.

171 Liban vs. Gordon, 593 SCRA 68

172 Section 13, Article VI of the Constitution

173 Ibid

174 Ibid

175 Villegas vs. Legaspi, 113 SCRA 39

176 Villegas vs. Legaspi, 113 SCRA 39.

177 Marcos vs. Chief of Staff, 89 Phil. 246

178 Puyat vs. De Guzman, 113 SCRA 31

179 Opinion No. 49 of the Secretary of Justice dated March 5 , 1948

180 Opinion No. 18 of the Secretary of Justice dated February 18, 2000.

181 Opinion No. 86 of the Secretary of Justice dated June 4, 1982.

182 Record of Constitutional Commission, Vol. II, p. 106.

183 Section 14. Article VI of the Constitution.

184 Ibid

13

d.

To intervene in a matter before a government office for a fee. 186

D. Quorum and Voting

1. The following statement is incorrect:

a. The quorum of each House of Congress consists of the majority of the Members, but those who are abroad are excluded in the computation of the majority. 187

b. The President of the Senate and the Speaker of the House shall be elected by a majority of all the Members of each House. 188

c. Each House of Congress may suspend or expel a Member for disorderly behavior by the vote of two-thirds of all its Members. 189

d. Congress by a vote of three-fourths of both Houses voting separately may declare the existence of a state of war. 190

2. The following statement is incorrect:

a.

b.

c.

d

Congress may override the presidential veto of a bill by a two-thirds vote of all the Members of each House voting separately. 191

A law granting a tax exemption must be approved by two-thirds majority of all the Members of Congress voting separately. 192

Congress, voting jointly, may revoke the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus by the majority vote of all its Members. 193

To be valid, the concurrence of the Senate in the ratification of a treaty or international agreement must be by at least two-thirds majority of all its Members.

194

3. The following statement is incorrect:

a. The vote of at least one-third of all the Members of the House of Representatives is needed to initiate a case of impeachment. 195

b. The concurrence of at least two-thirds of all the Members of the

Senate is required to convict in a case of impeachment. 196

c. The vote of three-fourths of all Members of Congress, voting jointly,

the

required

Constitution. 197

is

to

propose

any

amendment

or

revision

of

d. Congress may, by a vote of two-thirds of all its Members, voting separately, call a constitutional convention or by a majority of all its Members, voting separately, submit to the electorate the calling of a constitutional convention.

198

185 Ibid

186 Ibid

187 Avelino vs. Cuenco, 83 Phil. 17

188 Section 16, Article VI of the Constitution

189 Section 16 (3), Article I of the Constitution

190 Section 23 (1), Article I of the Constitution

191 Section 27 (1), Article VI of the Constitution

192 Section 28 (4), Article VI of the Constitution

193 Section 18, Article VII of the Constitution

194 Section 21, Article VII of the Constitution.

195 Section 3 (4), Article XI of the Constitution.

196 Section 3 (6), Article XI of the Constitution.

197 Section 1 (1), Article XVIII of the Constitution; Miller vs. Mardo, 2 SCRA 898.

198 Section 3, Article XVII Of the Constitution, Miller vs. Mardo, 2 SCRA 298

14

.

E.

1.

F.

1.

2.

Discipline of Members

One of these statements is not correct:

a. A Member of Congress may be suspended for delivering a privileged speech making unfounded imputations of bribery against the President.

b. The disorderly behavior for which a Member of Congress may be disciplined need not be connected with the performance of his official duties. 200

c. The act constituting disorderly behavior for which a Member of Congress was suspended cannot be reviewed by the Supreme Court.

d. The Sandiganbayan cannot order the suspension of a Member of Congress who has a pending case before it for violation of the Anti- Graft and Corrupt Practices Act. 202

199

201

Electoral Tribunal

One of the following statements is incorrect:

a. If a losing candidate for Senator filed a protest against all winners, the Senators who are Members of the Senate Electoral Tribunal cannot be disqualified on the ground of bias. 203

b. A political party can have the Member of the Electoral Tribunal belonging to it replaced at any time during the pendency of an electoral contest.

c. The Electoral Tribunals have the power to promulgate rules of procedure, including the period for filing an election protest. 205

d. The Supreme Court can review the decisions of the Electoral Tribunals.

204

206

One of the following statements is incorrect.

a. The House of Representatives Electoral Tribunal has jurisdiction to decide whether the nominee of a party-list organization who has assumed office is a bona fide representative of the marginalized and unrepresented sectors. 207

b. The Electoral Tribunals have no jurisdiction to decide whether the substitute for a candidate who withdrew complied with the statutory requirement that he belong to the same party.

c. A losing candidate for Congress who claimed that the proclamation of the winning candidate was void because it was based on an incomplete canvass, must raise this issue in the Electoral Tribunal.

208

209

199 Osmeña vs. Pendatun, 109 Phil. 863

200 In re Chapman, 166 U.S. 661.

201 Osmeña vs, Pendatun, 109 Phil. 863.

202 Santiago vs. Sandiganbayan, 356 SCRA 636.

203 Abbas vs. Commission on Elections, 166 SCRA 651

204 Bondoc vs. Pineda, 201 SCRA 792

205 Lazatin vs. House Electoral Tribunal, 168 SCRA 391

206 Lerias vs. House of Representatives Electoral Tribunal, 202 SCRA 808.

207 Abayon vs. House of Representatives Electoral Tribunal. 612 SCRA 375

208 Guerrero vs. Commission on Elections, 336 SCRA 458

209 Barbers vs. Commission on Elections, 460 SCRA 569

15

d.

The Commission on Elections loses jurisdiction over a petition to disqualify a candidate for Congress once the candidate has been proclaimed as winner and has assumed office. 210

G.

1.

Commission on Appointments

One of these statements is incorrect:

a. The representatives of the political parties in the Commission on Appointments can be reorganized in case of a temporary alliance of some political parties. 211

b. The representatives of political parties in the Commission on Appointments can be reorganized at any time that there is a permanent change in their political alignment. 212

c. For a political party to be entitled to be represented in the Commission on Appointments, its incumbent Members of the House to which they belong should constitute at least one-twelfth of the entire composition of the House. 213

d. In the allocation of the seats of political parties in the Commission on Appointments, fractional seats cannot be rounded off to a whole seat.

214

H.

1.

Powers of Congress

The bill which need not originate exclusively from the House of Representatives is:

a. An appropriation bill. 215

b. A bill authorizing increase of the public debt. 216

c. A bill of local application.

d. A bill appropriating public funds to carry out its purpose. 218

217

2. The bill which need not originate exclusively from Representatives includes:

the House of

a. A private bill. 219

b. A bill authorizing a party to sue the State. 220

c. A bill converting a municipality to a city. 221

d. A bill providing for the registration of cellphones and imposing a registration fee.

222

210 Limkaichong vs. Commission on Elections, 583 SCRA 18

211 Cunanan vs. Tan, 3 SCRA 1

212 Dayo vs. Singson, 180 SCRA 496

213 Coseteng vs. Mitra, 187 SCRA 371

214 Guingona vs. Gonzales, 214 SCRA 789

215 Section 24, Article VI of the Constitution

216 Ibid

217 Ibid

218 Association of Small Landowners of the Philippines, Inc. vs. Secretary of Agrarian Reforms, 175 SCRA 1343

219 Section 24, Article VI of the Constitution

220 Ibid

221 Ibid

222 United States vs. Norton, 91 U.S. 566

16

3.

The power of the Senate to propose or concur with amendments in a revenue bill does not include:

a. Filing simultaneously a similar bill. 223

b. Proposing substantial amendments in the bill. 224

c. Discarding the House bill upon its referral to the Senate and replacing it with a substitute bill.

d. Increasing the share of local governments in national taxes. 226

225

4. One of these statements is incorrect:

a. Congress may increase the appropriations recommended by the President for the operation of the Government as specified in the budget. 227

b. No provision shall be embraced in the general appropriations bill unless it relates specifically to a particular appropriation in it.

c. Any provision in the general appropriations bill shall be limited in its operation to the appropriation to which it relates. 229

d. The procedure in approving appropriation for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. 230

228

5. One of these statements is incorrect:

a. A special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal. 231

b. No law shall be passed authorizing any transfer of appropriations. 232

c. Discretionary funds may be disbursed at the discretion of the public officers to whom they were given. 233

d. If by the end of a fiscal year Congress fails to pass the general appropriation bill for the ensuing fiscal year, the general appropriations bill shall be deemed re-enacted until a general appropriations bill is passed. 234

6. One of these statements is correct:

a.

A Member of Congress may be authorized to ask the President of the Senate or the Speaker of the House of Representative to re- align the appropriation for the operational expenses of his office to another expense.

235

223 Tolentino vs. Secretary of Finance, 235 SCRA 630

224 Tolentino vs. Secretary of Finance, 249 SCRA 628

225 Ibid

226 Province of Batangas vs. Romulo, 429 SCRA 81

227 Section 25 (1), Article VI of the Constitution

228 Section 25 (2), Article VI of the Constitution

229 Ibid

230 Section 25 (3), Article VI of the Constitution

231 Section 25 (4), Article VI of the Constitution

232 Section 25 (3), Article VI of the Constitution

233 Section 25 (6), Article VI of the Constitution

234 Section 25 (7), Article VI of the Constitution

235 Philippine Constitution Association vs. Enriquez, 235 SCRA 506.

17

7

8.

9.

b. The Chief of Staff may be authorized to augment an item from savings from other items. 236

c. The Deputy Executive Secretary may be authorized to augment an item from savings from other items

d. The Ombudsman may be authorized to augment an item from savings from other items 238 .

237

This provision which may not be included in the general appropriations bill is:

a. A provision regulating the reversion to inactive status of officers in the Armed Forces of the Philippines. 239

b. A provision prohibiting the President from restoring an item in the proposed budget which was abolished by Congress or from increasing an item in the proposed budget which was reduced by Congress.

c. A provision prohibiting the use of the funds appropriated for payment of the national debt to pay for the debts of the Central Bank of the Philippines. 241

d. A provision limiting to 30 percent of the appropriation for public works the amount to be contracted for maintenance of roads and bridges. 242

240

This provision which may be included in the general appropriations act is:

a. A provision repealing the Presidential Decrees automatically appropriating funds for payment of the national debt. 243

b. A provision requiring the deactivation of the Civilian Armed Forces Geographical Unit.

c. A provision requiring congressional approval for the release of funds for the modernization of the Armed Forces of the Philippines, 245

d. A provision requiring compliance by the Armed Forces of the Philippines with the Generics Act in the purchase of medicines. 246

244

One of these statements is incorrect:

a. The Toll Regulatory Board cannot stipulate in a contract that it will pay a tollway operator the difference between its actual collections and the amount it should have been allowed to collect. 247

b. The Presidential Decrees automatically appropriating funds to pay for the national debt were repealed by the Constitution. 248

c. No public funds may be paid to any priest, preacher, minister or dignitary as such except when he is assigned to the Armed Forces

236 Ibid

237 Sanchez vs. Commission on Audit, 552 SCRA 471.

238 Section 29 (5), Article VI of the Constitution

239 Garcia vs. Mata, 65 SCRA 520

240 Gonzales vs. Macaraig, 191 SCRA 452.

241 Philippine Constitution Association vs. Enriquez, 235 SCRA 506

242 Philippine Constitution Association vs. Enriquez, 235 SCRA 506

243 Philippine Constitution Association vs. Enriquez, 235 SCRA 506

244 Ibid

245 Philippine Constitution Association vs. Enriquez, 235 SCRA 506

246 Ibid

247 Francisco vs. Toll Regulatory Board, 633 SCRA 470

248 Guingona vs. Carague, 196 SCRA 221

18

d.

of the Philippines, to any penal institution, to a government orphanage, or to a leprosarium.

Public funds may be appropriated for a legitimate secular purpose even if it might incidentally benefit a religious sect.

249

250

10. One of these statements is not correct:

a. All money collected on any tax levied for a special purpose shall be treated as a special fund and shall be paid out for such purpose only. 251

b. If the purpose for which a special fund was created has been

the

fulfilled

or

abandoned,

the

balance

shall

be

refunded

to

taxpayers. 252

c. Public funds cannot be appropriated to build a road in a private subdivision. 253

d. A tax cannot be levied to be used as capital contribution to a private corporation to enable it to pay its debts.

254

11. The provision in a bill is not reflected in its title in the case of:

a. A provision in an act to amend and compile the laws relating to lands of public domain referred to private lands. 255

b. A provision in the act to provide means for increasing the highway special law granted a partial exemption. 256

c. The provision repealing the franking privilege of the judiciary was not mentioned in the act creating the Philippine Postal Corporation. 257

d. A provision in a law act to expand the scope of the value added tax repealed an exception from such tax. 258

12. The provision in a bill is not reflected with title in the case of:

a. A provision in an act amending the law creating the Government Services Insurance System granted retirement benefits to Members of Congress. 259

b. A provision in the act which converted a municipality, which has a population of at least 250,000 into a city made it a new legislative district.

c. A provision in the Organic Act for the Autonomous Region in Muslim Mindanao provided for reorganization of the other remaining regions. 261

d. A provision in a law further defining the jurisdiction of the Sandiganbayan eliminated the requirement that ranking officers of

260

249 Section 29 (2), Article VI of the Constitution

250 Aglipay vs. Ruiz, 64 Phil. 201

251 Section 29 (3), Article VI of the Constitution

252 Ibid

253 Pascual vs. Secretary of Public Works and Communications, 110 Phil. 331

254 Planters Products, Inc. vs. Fertiphil Corporation , 548 SCRA 485

255 Central Capiz vs. Ramirez, 40 Phil. 887

256 Insular Lumber Company vs. Court of Tax Appeals, 104 SCRA 710

257 Philippine Judges Association vs. Prado, 227 SCRA 703

258 Tolentino vs. Secretary of Finance, 235 SCRA630

259 Philippine Constitution Association, Inc. vs. Gimenez, 15 SCRA 479

260 Tobias vs. Abalos, 239 SCRA 106

261 Chiongbian vs. Orbos, 245 SCRA 253

19

the Philippine National Police be changed as principal to fall within its jurisdiction. 262

13. The provision in a bill is not reflected in its title in the case:

a. A provision in an act creating a municipality in a province included in its territory portions of municipalities in another province. 263

b. A provision in an act providing for a general registration of voters provided that no election officer shall hold office in a particular city or municipality for more than four years. 264

c. An act creating a city by merging the Municipalities of Bacon and Sorsogon did not provide for the abolition of the municipalities. 265

d. A provision in the act providing for fair elections practices repealed the provision considering an elective official who runs for another office as resigned upon the filing of his certificate of candidacy. 266

14. One of these statements is not correct:

a. A law is not rendered invalid because in enacting it Congress disregarded its internal rules of procedure. 267

b. Congress cannot suspend a rule of procedure if it will violate a constitutional provision.

c. Congress cannot suspend a rule of procedure if it will violate the rights of private parties.

d. The rules of procedure of Congress are judicially enforceable. 270

268

269

15. One of these statements is not correct:

a. An enrolled bill is conclusive upon the Judiciary because of separation of powers. 271

b. If there was a mistake in printing a bill before it was certified by the officers of Congress and approved by the President, the Judiciary can correct the mistake. 272

c. If the President of the Senate invalidated his signature on the enrolled bill because it was not the bill approved by Congress and the President withdrew his approval of the bill, the rule that an enrolled bill is conclusive upon the Judiciary is not applicable. 273

d. The principle that an enrolled bill is conclusive upon the Judiciary is not applicable to a congressional proposal to amend the Constitution.

274

16. One of these statements is not correct:

a. The President can certify to the necessity of the immediate enactment of a bill to meet a public calamity or emergency. 275

262 Lacson vs. Executive Secretary, 301 SCRA 298

263 Lidasan vs. Commission on Elections, 21 SCRA 2

264 De Guzman vs. Commission on Elections, 336 SCRA 188

265 Canoling vs. Commission on Elections, 368 SCRA 493

266 Fariñas vs. Executive Secretary, 417 SCRA 503

267 Arroyo vs. De Venecia, 277 SCRA 268

268 Ibid

269 Ibid

270 Ibid

271 United States vs. Pons, 34 Phil. 729

272 Morales vs. Subido, 27 SCRA 131

273 Astorga vs. Villegas, 56 SCRA 719

274 Gonzalez vs. Commission on Elections, 21 SCRA 774

20

b. The factual basis of the certification by the President is subject to judicial review in the absence of grave abuse of discretion.

c. The certification by the President dispenses with the requirement that the three (3) readings be held on separate days and the printed copies of a bill in its final form be distributed to the Members of Congress three days before the third reading. 277

d. The certification sent by the President to the Senate for the immediate enactment of the tax bill which originated from the House of Representatives, is not valid if it referred to the substitute bill in the Senate.

276

278

17. One of these statements is not correct:

a. The constitutional prohibition against the introduction of amendments to a bill upon the third reading does not extend to amendments by the Bicameral Conference Committee. 279

b. An amendment to a bill on a matter which was not subject of any differences in the versions of the two Houses of Congress may be introduced by the Bicameral Conference Committee is valid. 280

c. The Bicameral Conference Committee can reconcile differences in the bills approved by the Senate and the House of Representatives by substituting them with another bill so long as it is germane to the subject of the bills. 281

d. The report of the Bicameral Conference Committee is not valid if it disregarded the internal rules of procedure of Congress. 282

18. One of these statements is not correct:

a. The Bicameral Conference Committee can reconcile the differences regarding the rate of a tax in the two versions of a bill by retaining the lower rate and providing for its increase to a higher rate upon fulfillment of certain conditions. 283

b. The Bicameral Conference Committee cannot settle the differences in the provisions of two bills by eliminating both provisions in the final form of the bill. 284

c. The Bicameral Conference Committee can reconcile the differences between a bill which placed a limitation on a tax credit and the other bill which did not place a limitation on the tax credit by reducing limitation on the tax credit.

d. The Bicameral Conference Committee can settle the differences between two bills by adopting completely the provisions of either of them. 286

285

19. A bill can become a law if:

a. The President approved it. 287

275 Section 26 (2), Article VI of the Constitution

276 Tolentino vs. Secretary of Finance, 249 SCRA 628.

277 Tolentino vs. Secretary of Finance, 235 SCRA 630

278 Tolentino vs. Secretary of Finance, 249 SCRA 628

279 Tolentino vs. Secretary of Finance, 235 SCRA 630

280 Philippine Judges Association vs. Prado, 227 SCRA 703

281 Tolentino vs. Secretary of Finance, 235 SCRA 630.

282 Fariñas vs. Executive Secretary, 417 SCRA 563

283 Abakada Guro Party vs. Ermita, 469 SCRA 1

284 Ibid

285 Ibid

286 Ibid

21

b. The President vetoed it within thirty days after he received it. 288

c. The President vetoed it and communicated his veto to the House from where it originated within thirty days after he received it. 289

d. If the President vetoed it, but his veto was overridden by two-thirds vote of the Members of each House of Congress. 290

20.

21.

22.

23.

The President can veto an item in a bill if it is:

a. An appropriation bill. 291

b. A revenue bill.

c. A tariff bill. 293

d. A bill authorizing an increase of the public debt. 294

292

One of these statements is not correct:

a. In a revenue bill, an item does not refer to an entire provision but to the subjects of the tax and the rate of the tax. 295

b. The President cannot veto a part of an item in an appropriation bill and allow the item to remain. 296

c. The President cannot veto a provision in the general appropriations act which is not a budgetary appropriation but is a policy matter.

d. The President cannot veto a condition attached to an item in the general appropriations act which is germain to the item and allow the item to remain.

297

298

One of these statements is not correct:

a. The requirement of uniformity in taxation is similar to the guarantee of equal protection. 299

b. Taxation is equitable when its burden falls on those better able to pay. 300

c. Taxation is progressive when its rate goes higher depending on the resources of the person affected. 301

d. Exempting the sale of agricultural products, food item, petroleum, medical and veterinary services, and the sale of real property for

in

low-cost

housing

violates

the

requirement

of

uniformity

taxation. 302

One of these statements is correct:

a.

The provision on a progressive system of taxation completely prohibits regressive taxes.

303

287 Section 87 (1), Article VI of the Constitution

288 Ibid

289 Ibid

290 Ibid

291 Section 29, Article VI of the Constitution

292 Ibid

293 Ibid

294 Ibid

295 Commissioner of Internal Revenue vs. Court of Tax Appeals, 185 SCRA 329

296 Bengzon vs. Drilon, 208 SCRA 133

297 Philippine Constitution Association vs. Enriquez, 235 SCRA 506

298 Ibid

299 Sison vs. Ancheta, 130 SCRA 654

300 Reyes vs. Almanzor, 176 SCRA 322

301 Ibid

302 Tolentino vs. Secretary of Finance, 249 SCRA 628

303 Tolentino vs. Secretary of Finance, 249 SCRA 630

22

b. Basing the income tax of salaried employees on gross income while maintaining the income tax on professionals and businessmen on net income violates the requirement of uniformity in taxation. 304

c. An implementing regulation which classified certain cigarettes by name as bearing foreign brand names and subjected them to a higher tax violates the requirement of uniformity in taxation. 305

d. Granting tax exemptions to investors in a special economic zone without granting them to retailers outside it violates the requirement of uniformity. 306

24. One of these statements is incorrect:

a. A law imposing a sixty-month period for claiming the input tax for the purpose of the value added tax on imported capital goods acquired for more than one million pesos does not violate the requirement of uniformity. 307

b. A law subjecting payments by the government for taxable transactions to a five percent creditable withholding tax instead of value added tax does not violate the requirement of uniformity. 308

c. A law which allows individual taxpayers to claim forty percent of their gross income as deduction for expenses while corporate taxpayers are allowed only to claim specified items as deductions does not violate the requirement of uniformity.

d. A law which taxed existing brands of cigarettes on the basis of their net retail price on October 1, 1996 without a provision for adjustments despite increases in their net retail price afterwards and which taxed new brands on the basis of their net retail price at

of

309

the

time

of

their

introduction

violates

the

requirement

uniformity. 310

25. One of these statements is not correct:

a. Charitable institutions, churches and parsonages or convents appurtenant to them, mosques, non-profit cemeteries, and all lands, buildings, and improvements actually, directly, and exclusively used for religious, charitable or educational purposes are not exempt from income taxation. 311

b. The exemption from taxation under Section 28 (3), Article VI of the Constitution is limited to real property tax. 312

c. If the director of a school and his family are living in a portion of the school building it is not exempt from real property tax. 313

d. Where sixty percent of the beds in a hospital are used for charity patients and the money from paying patients is donated to its charitable purpose but a portion of its building and the land on which the building stands are being leased for commercial

304 Sison vs. Ancheta, 170 SCRA 654

305 Commissioner of Internal Revenue vs. Court of Appeals, 261 SCTA 236

306 Tiu vs. Court of Appeals, 301 SCRA 278

307 Abakada Guro Party List vs. Ereneta,469 SCRA 1

308 Ibid

309 Tan vs. Del Rosario, 237 SCRA 324

310 British American Tobacco vs. Camacho, 562 SCRA 511

311 Section 28 (3), Article VI of the Constitution

312 Commissioner of Internal Revenue vs. Court of Appeals, 298 SCRA 83

313 Abra Valley College, Inc. vs. Aguirre, 162 SCRA 106

23

26.

27.

28.

29.

purposes, the portions of the properties that are being leased are not exempt from real property tax.

314

The power of Congress to conduct investigations in aid of legislation is not subject to one of the following limitations:

a. The

subject matter must be one on which Congress can

315

legislate.

b. The

question is relevant to the subject matter under

316

investigation

c. Congress has already passed a law on the subject matter of the

investigation.

317

d. The rules of procedure must be duly published. 318

The power of Congress to conduct investigations in aid of legislation is not subject to the following limitations:

a. The rights of persons appearing in or affected by the investigation must be respected.

b. The subject matter of the investigation is the subject matter of pending administrative or judicial action.

c. The subject matter is covered by executive privilege. 321

d. The President prohibited members of the Armed Forces of the Philippines from appearing in an investigation without prior presidential approval.

319

320

322

One of these statements is not correct:

a. Members of the Supreme Court are excluded from the scope of the power of legislative investigation. 323

b. Because of the right to privacy, Congress cannot investigate a purely private affair.

c. Congress cannot conduct an investigation that will violate the right against self-incrimination of the witness appearing before it. 325

d. Congress cannot compel Members of the Cabinet to appear in an investigation in aid of legislation. 326

324

In the exercise of its power to conduct investigations, Congress cannot investigate:

a. Government contracts. 327

b. The operations of the government 328

314 Lung Center of the Philippines vs. Quezon City, 433 SCRA 119

315 Arnault vs. Nazareno, 87 Phil. 29

316 Ibid

317 Ibid

318 Garcillano vs. House of Representatives Committee on Public Information, 575 SCRA 170

319 Section 21, Article VI of the Constitution

320 Sabio vs. Gordon, 504 SCRA 456

321 Senate of the Philippines vs. Ermita, 488 SCRA 1

322 Guidani vs. Senga, 498 SCRA 671

323 Senate of the Philippines vs. Ereneta, 488 SCRA 1

324 Barenblatt vs. United States, 360 U.S. 109

325 Bengzon vs. Senate Blue Ribbon Committee, 203 SCRA 767

326 Senate of the Philippines vs. Ereneta, 488 SCRA 1

327 Arnault vs. Nazareno, 87 Phil. 29

328 Sabio vs. Gordon, 504 SCRA 456

24

c. Malfeasance by government officials to determine if they should be prosecuted.

d. Sale of securities 330

329

30. One of these statements regarding the requirement of publication of the rules of procedure regarding legislative investigations is correct:

a. The rules of procedure must be published in each Congress unless they clearly state that they shall be effective in subsequent Congresses or until they are amended or repealed. 331

The requirement of publication can be complied with by publishing the rules of procedure through the internet.

Before the publication of the rules of procedure, only the proceedings that result in violation of the rights of witnesses are void.

d. The requirement of publication of the rules is not complied with by publishing them in booklet form available to anyone for free. 334

c.

b.

332

333

31. One

the

correct:

of

statements

regarding legislative

investigations

is

not

a. A witness cannot invoke his right to privacy if he is being investigated about his acts in the performance of his duties as a public officer. 335

b. A witness cannot invoke his right to privacy in an investigation regarding investments in securities. 336

In an investigation in aid of legislation, a witness cannot invoke his right against self-incrimination until an incriminating question is asked.

d. Congress can compel a Member of the Cabinet to appear in an investigation in the exercise of its oversight function. 338

c.

337

32. One of these statements regarding executive privilege is not correct:

a. Executive privilege is the power of the President to withhold information from the public, the courts and Congress. 339

b. The power to invoke executive privilege is limited to the President.

c. Executive privilege includes presidential communication privilege and deliberative process privilege.

d. Executive privilege cannot be invoked impliedly by the President. 342

340

341

329 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152

330 Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 456

331 Garcillano vs. House of Representatives Committee on Public Information,, 575 SCRA 170

332 Ibid

333 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152

334 Garcillano vs. House of Representatives Committee on Public Information, 575 SCRA 170

335 Sabio vs. Gordon, 504 SCRA 704

336 Standard Chartered Bank vs. Senate Committee on Banks, Financial Institutions and Currencies, 541 SCRA 546

337 Sabio vs. Gordon, 504 SCRA 704.

338 Senate of the Philippines vs. Ermita, 488 SCRA 1

339 Senate of the Philippines vs. Ermita, 488 SCRA 1

340 Ibid

341 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 549 SCRA 77

342 Senate of the Philippines vs. Ermita, 488 SCRA 1

25

33.

One of these statements is not correct:

Presidential communications privilege pertains to communications, documents or other materials which reflect presidential decision-making and deliberations and what the President believes should remain confidential. Deliberative process privilege includes advisory opinions, recommendations, and deliberations comprising part of a process by which governmental decisions and policies are formulated.

Presidential communications privilege applies to decision-making of the President. Deliberative process privilege applies to decision-making of executive officials.

c. Both presidential communications privilege and deliberative process privilege are based on separation of powers. 345

a.

343

b.

344

d. Unlike the deliberative process privilege, presidential communications privilege applies to documents in their entirety, and covers final and post-decisional materials, as well as pre- deliberative ones. 346

34. The

following

privilege:

are

the

elements

of

presidential

communications

a. The communications relate to a quintessential and non-delegable power of the President. 347

b. The communications are received by a close adviser of the President or the President. 348

c. There is no adequate showing of a compelling need that will justify limitation of the privilege and of the unavailability of the information elsewhere by an appropriate investigating authority. 349

d. The communications are not sought in aid of legislation.

350

35. One of these statements is not correct:

a. Legislative investigations involve the right of the people to information, because it gives them access to information on matters of public concern which they can use to formulate their opinions on those matters and to communicate them to Congress and other government officials. 351

b. The right of the people to information is limited by executive

privilege.

352

c. The right of the public to information is broader than the right of

of

Congress

investigation. 353

to

information

in

the

exercise

of

its

power

d. When Congress seeks information from heads regarding matters pertaining to their departments, it is exercising its oversight function.

354

343 Neri vs. Senate Committee on Accountability of Officers and Investigations, 549 SCRA 77

344 Ibid

345 Ibid

346 Ibid

347 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 549 SCRA 77.

348 Ibid

349 Ibid

350 Neri vs. Senate Committee on Accountability of Public Officers and Investigations, 564 SCRA 152

351 Senate of the Philippines vs. Ermita, 488 SCRA 1

352 Ibid

353 Ibid

354 Ibid

26

36.

One of these statements regarding the oversight power of Congress is not correct:

a. In the exercise of legislative scrutiny, Congress may request information from other branches of government to determine the economy and efficiency of their operations.

b. Investigation implies investigation and monitoring of the implementation of laws pursuant to the power to conduct inquiries in aid of legislation. 356

c. Supervision involves continuing and informed awareness on the part of Congress of executive operations, and allows scrutiny of the exercise of the delegated powers.

d. A law giving Congress the power to approve or disapprove regulations is valid.

355

357

358

IV. Executive Department

A.

1.

Presidential Immunity

One of these statements is not correct:

B.

1.

a. A party cannot prevent the President from prosecuting him by invoking the presidential immunity from suit, because only the President can invoke it.

b. A Member of the Cabinet who was sued cannot invoke the presidential immunity from suit. 360

c. The presidential immunity from suit is concurrent with the term of office of the President.

d. Presidential immunity from suit does not prevent the prosecution of the President for criminal acts he committed during his incumbency. 362

359

361

Executive Powers of the President

One of these statements is not correct:

a. A law granting the Department of Justice power to grant immunity from prosecution to a person who will be used as a state witness is valid.

b. The powers of the President are not limited to the specific powers enumerated in the Constitution. 364

c. The President has unstated residual powers which are implied from the grant of executive power and which are necessary for compliance with the constitutional duties of the President.

d. The President can issue an Executive Order authorizing the Commission on Higher Education to supervise review centers. 366

363

365

355 Beltran vs. Makasiar, 167 SCRA 393

356 Gloria vs. Court of Appeals, 338 SCRA 5

357 Estrada vs. Desierto, 356 SCRA 108

358 Ibid

359 Beltran vs. Malcasiar, 167 SCRA 393

360 Gloria vs. Court of Appeals, 338 SCRA 5

361 Estrada vs. Desierto, 356 SCRA 108

362 Estrada vs. Desierto, 353 SCRA 452

363 Webb vs. de Leon, 247 SCRA 652

364 Marcos vs. Manglapus, 177 SCRA 668

365 Marcos vs. Manglapus, 178 SCRA 760

27

C.

Prohibitions and Disqualifications

1. One of these statements is not correct:

a. A law increasing the salary of the President does not take effect until after the term of the incumbent President. 367

b. A law decreasing the salary of the President shall not take effect until after the term of office of the incumbent President. 368

c. The President cannot receive any other emoluments from the government or any other source during his term. 369

d. The President, the Vice President, the Members of the Cabinet and their deputies and assistants cannot directly or indirectly practice any other profession during their terms.

370

2. One of these statements is not correct:

a. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can hold another office if it is authorized by the Constitution. 371

b. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can hold another office if it is being held in an ex officio capacity. 372

c. The President, the Vice President, the Members of the Cabinet, and their Deputies and assistants cannot hold another office even if there is no compensation attached to the office. 373

d. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants can hold another office if it is authorized by law.

374

3. One of these statements is incorrect:

a. An undersecretary cannot be temporarily designated as head of another office.

b. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants cannot directly or indirectly practice any other profession during their tenure.

c. The President, the Vice President, the Members of the Cabinet,

and their deputies and assistants can participate in any business

375

376

during their tenure if there is no conflict of interest.

.

377

d. The President, the Vice President, the Members of the Cabinet, and their deputies and assistants cannot be financially interested in any contract with, any franchise, or special privilege granted by the Government or any subdivision agency or instrumentality of it,

366 Review Center Association of the Philippines vs. Ermita, 583 SCRA 428

367 Section 6, Article VII of the Constitution

368 Ibid

369 Ibid

370 Section 13, Article VII of the Constitution

371 Section 13, Article VII of the Constitution

372 Civil Liberties Union vs. Education Secretary, 194 SCRA 317

373 Laurel vs. Desierto, 381 SCRA 486

374 Civil Liberties Union vs. Executive Secretary, 194 SCRA 317

375 Puno vs. Ermita, 612 SCRA 308

376 Section 13, Article VII of the Constitution

377 Ibid

28

including government-owned or controlled corporations or their subsidiaries.

378

D. Power of Appointment

1. One of these statements is incorrect:

a. The power of appointment is inherently executive. 379

b. The President can delegate the power of appointment to a Member of the Cabinet. 380

c. A law which creates a board and makes certain officials members of it is valid, because this is a case of designation and not appointment. 381

d. A law which specifies the person to be appointed by the President to a public office is void. 382

2. A President can appoint his relatives within the fourth degree of affinity or consanguinity as:

3.

a. Member of a Constitutional Commission 383

b. Ombudsman 384

c. Secretary of a Department 385

d. Political ambassador

386

One of

this is not a limitation

President:

on the

power of appointment of the

a. The President cannot appoint a relative by consanguinity or affinity within the fourth degree as chairman or head of bureau or office,

b. The President cannot appoint a relative by consanguinity or affinity within the fourth degree as chairman or head of government-owned or controlled corporations and their subsidiaries. 388

c. No member or the Armed Forces of the Philippines in the active service can be appointed to a civilian position, including government-owned or controlled corporations or their subsidiaries.

d. The President cannot appoint a relative by consanguinity or affinity within the fourth degree as a member of the Judiciary.

387

389

390

4. One of these statements is not correct:

a. Appointments extended by an acting President cannot be revoked by the elected President. 391

378 Ibid

379 Springer vs. Government of the Philippine Islands, 271 U.S. 187

380 Binamira vs. Garrucho, 188 SCRA 154

381 Rafael vs. Embroidery and Apparel Cultural Board, 21 SCRA 336.

382 Flores vs. Drilon , 223 SCRA 568

383 Section 13, Article VII of the Constitution

384 Ibid

385 Ibid

386 Ibid

387 Section13, Article VII of the Constitution.

388 Ibid

389 Section 5, (4), Article XVI of the Constitution

390 Section 13 Article VII of the Constitution

391 Section 14, Article VII of the Constitution

29

b. Two months immediately before the next presidential election and up to the end his term, the President cannot make appointments, except temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety. 392

c. Two months immediately before the next election and up to the end of his term, the President cannot appoint judges of the Regional Trial Court. 393

d. President can appoint Justices of the Supreme Court up to the

The

end

of his term. 394

5.

6.

E.

1.

One of these statements is not correct:

a. Only the officers mentioned in the first section of Section 16, Article

VII of the Constitution are required to be confirmed by the

Commission on Appointments. 395

b. A law cannot expand the list of the officers required by the Constitution to be confirmed by the Commission on Appointments. 396

c. The President cannot appoint a Secretary of a Department in an acting capacity when Congress is in session. 397

d. An ad-interim appointment which is subject to confirmation by the Commission on Appointments made when Congress is not in session is a permanent appointment. 398

One of these statements is incorrect:

a. An ad interim appointment which is subject of confirmation by the Commission on Appointments will cease to be effective upon its disapproval by the Commission on Appointments or upon the next adjournment of Congress. 399

b. An appointment is not complete and can be withdrawn unless it has been accepted.

c. A law authorizing the remaining members of the board of a public corporation to fill any vacancy in the board is valid. 401

d. If the method for appointing a public officer is unconstitutional, this will be considered as a case of an officer whose appointment is not provided for by law. 402

400

Power of Control of the Executive Department

a.

One of these statements is not correct:

The power of control means the power of the President to alter or

modify or nullify or set aside what a subordinate officer had done in

392 Section 15, Article VII of the Constitution

393 In re Appointment of Valenzuela, 298 SCRA 488

394 De Castro vs. Judicial and Bar Council, 618 SCRA 639

395 Sarmiento vs. Mison, 156 SCRA 549

396 Calderon vs. Carale, 208 SCRA 254

397 Pimentel vs. Ereneta, 471 SCRA 582

398 Matibag vs. Benipayo, 380 SCRA 49

399 Section 16, Article VII of the Constitution

400 Javier vs. Reyes, 170 SCRA 360

401 Rufino vs. Endrigo, 496 SCRA 13

402 Ibid

30

the performance of his duties and to substitute the judgment of the former for that of the later. 403 b. Pursuant to the doctrine of political agency, the President can delegate his multifarious executive and administrative functions except when he is required by the Constitution, by law or the exigencies of the situation to act personally, to Members of the Cabinet and their acts in the regular course of business are presumptively acts of the President unless disapproved by him. 404

c. By virtue of his power of control, the President can remove an

an

officer

who

belongs

to

the

civil

service

as

a

penalty

in

administrative case filed against the officer. 405

d. By virtue of the power of control of the President, if a function is entrusted by law to a subordinate of the President, the President may directly perform the function. 406

2. The power of the President which can be delegated is one of the following:

a. The power to suspend the privilege of the writ of habeas corpus. 407

b. The power to proclaim martial law.

c. The power of executive clemency.

d. The power to sign any foreign loan agreement. 410

408

409

3. One of these statements is not correct:

a. Because of the power of control of the President, the decision of a Member of the Cabinet can be appealed to the President. 411

b. The President cannot motu proprio review the decision of a Member of a Cabinet. 412

c. The right to appeal to the President from the decision of a subordinate officer may be limited by the Constitution, by law, by rules of procedure issued by the Supreme Court, or by an executive order. 413

d. A law which makes the decision of an administrative agency in the exercise of its quasi-judicial powers appealable directly to the Judiciary while the administrative agency remains subject to the control of the President in the performance of its administrative function is valid. 414

4. One of these statements is not correct:

a. Because of his power of control, the President can reverse the decisions of a government-owned or controlled corporation. 415

b. The President cannot make the productivity incentive benefit of employees in the Executive Department uniform, because it will

403 Carpio vs. Executive Secretary, 206 SCTA 290

404 Ibid

405 Ang-Angco vs. Castillo, 9 SCRA 619

406 Chavez vs. Romulo, 431 SCRA 534

407 Villena vs. Secretary of the Interior, 67 Phil. 451

408 Ibid.

409 Ibid

410 Constantino vs. Cuisia, 472 SCRA 505

411 Orosa vs. Roa, 495 SCRA 22

412 Oliveros-Torre vs. Bayot, 58 SCRA 272

413 Phillips Seafood (Philippines) Corporation vs. Board of Investments, 578 SCRA 69

414 Cruz vs, Secretary of Environment and Natural Resources, 347 SCRA 128

415 National Marketing Corporation vs. Arca, 29 SCRA 648

31

encroach upon the authority of the Civil Service Commission to grant benefits to government employees. 416

c. Because of the power of control of the President, the legal requirement that prosecutors to be appointed be recommended by the Secretary of Justice is not obligatory.

d. Because of his power of control, the President can order the Executive Department to adopt a unified identification card system to facilitate transactions with the government. 418

417

F. Power of Supervision over Local Government Units

1. One of the statements is not correct:

a. The power of supervision means overseeing or the power or authority of an officer to see that subordinate officers perform their duties.

b. The President can be authorized by law to investigate administrative cases against local elective officials and to impose penalties upon them. 420

c. The Secretary of Justice can be authorized by law to review the constitutionality or legality of tax ordinances. 421

d. The Secretary of Budget and Management can issue a regulation limiting the amount of allowances which local government units can grant to judges. 422

419

G. Emergency Powers

1. One of these statements is not correct:

a.

b.

c.

d.

The President can order the Armed Forces of the Philippines to conduct patrols because of the high incidences of violent crimes.

The President can proclaim the existence of a state of rebellion on the basis of his powers as chief executive and commander-in-chief of the Armed Forces of the Philippines. 424

A proclamation of a state of rebellion is required before the President can call out the Armed Forces of the Philippines to suppress the rebellion. 425

When a state of rebellion has been proclaimed, the President cannot order warrantless orders of persons except in the circumstances authorized by the Revised Rules on Criminal Procedure. 426

423

2. One of these statements is not correct when the President has proclaimed a state of national emergency:

416 Blaquera vs. Alcala, 295 SCRA 366

417 Bermudez vs. Torres, 311 SCRA 733

418 Kilusang Mayo Uno, vs. Director-General of the National Economic Development Authority, 487 SCRA 623

419 Ganzon vs. Court of Appeals, 200 SCRA 221

420 Ibid

421 Drilon vs. Lim, 235 SCRA 135

422 Dadole vs. Commission on Audit, 393 SCRA 262

423 Integrated Bar of the Philippines vs. Zamora, 338 SCRA 81

424 Sanlakas vs. Executive Secretary, 421 SCRA 656

425 Ibid

426 Lacson vs. Perez, 357 SCRA 756

32

a. The President is not authorized to legislate. 427

b. The President can call out the Armed Forces of the Philippines to enforce all laws. 428

c. The President cannot prohibit all public assemblies. 429

d. The members of the Armed Forces of the Philippines and the Philippine National Police are not authorized to break into offices and residences. 430

3

One of these statements is incorrect:

a. The two conditions for the suspension of the privilege of writ of habeas corpus and the proclamation of martial law are that there is an invasion or rebellion and public safety requires it. 431

b. The President cannot suspend the privilege of the writ of habeas corpus or proclaim martial law in case of imminent danger of invasion or rebellion. 432

c. The suspension of the privilege of the writ of habeas corpus applies only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. 433

d. During the suspension of the privilege of the writ of habeas corpus, any person arrested or detained must be judicially charged within thirty days, otherwise, he shall be released. 434

4.

5.

One of these statements is not correct:

a. The duration of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law shall not exceed thirty (30) days. 435

b. Upon request of the President, by a majority vote of all the Members of Congress voting jointly, Congress can extend the duration of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law if the invasion or rebellion persists and public safety requires it. 436

c. By a majority vote of all the Members of Congress voting jointly, Congress may revoke the suspension of the privilege of the writ of habeas corpus or proclamation of martial law. 437

d. The Supreme Court may review the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus or the proclamation of martial law.

438

One of these is not a consequence of the proclamation of martial law:

a. The operation of the Constitution is not suspended. 439

427 David vs. Arroyo, 489 SCRA 12

428 Ibid

429 Ibid

430 Ibid

431 Section 18, Article VII of the Constitution

432 Ibid

433 Ibid

434 Ibid

435 Section 19, Article VII of the Constitution

436 Ibid

437 Ibid

438 Ibid

439 Section 18, Article VII of the Constitution

33

b. The functioning of Congress is not supplanted, and the President cannot legislate. 440

c. Military courts cannot exercise jurisdiction over civilians if the civil courts are able to function. 441

d. The privilege of the writ of habeas corpus is automatically suspended when martial law is declared. 442

G. Executive Clemency

1. One of these statements is not correct:

a. A pardon can be granted only after conviction by final judgment. 443

b. An amnesty requires the concurrence of a majority of all the Members of Congress.

c. A pardon cannot be granted in cases of impeachment. 445

d. A pardon, an amnesty, or a suspension of sentence can be granted in election cases without the favorable recommendation of the Commission on Elections. 446

444

2. One of these statements is not correct:

a. A pardon is an act of grace, proceeding from the power of the President, which exempts the individual on whom it is bestowed, from the punishment the law inflicts for a crime he committed. 447

b. Delivery is essential to the validity of a pardon. 448

c. A pardon cannot be granted if the convict has fully served his sentence.

by the

d. A conditional pardon has no force convict. 450

449

until it is accepted

3. One of these statements is not correct:

a. An absolute pardon must be accepted by the convict, since it might expose him to greater disgrace because of the implied acceptance of guilt.

b. The absolute pardon granted to an assistant treasurer convicted of

estafa through falsification of a public document does not entitle her to reinstatement to her former office and payment of back wages. 452

c. A convict granted a pardon on condition that he would not again violate any penal law of the Philippines cannot be declared to have

judgment by final

451

violated

the condition in

the absence

of

a

conviction for a new offense. 453

440 Ibid

441 Ibid

442 Ibid

443 People vs. Bacang, 260 SCRA 44

444 Section 19, Article VII of the Constitution

445 Ibid

446 Section 5, Article 5, Article IX-C of the Constitution

447 De Leon vs. Director of Prisons, 31 Phil. 60

448 Ibid

449 Cristobal vs. Labrador, 71 Phil. 34

450 Cabantog vs. Wolfe, 6 Phil. 273

451 Burdick vs. United States, 236 U.S. 79

452 Monsanto vs. Factoran, 170 SCRA 190

453 Torres vs. Gonzales, 152 SCRA 272

34

d.

The determination by the President that a convict violated the condition of his pardon is not subject to judicial review. 454

4. One of these statements is not correct:

a. The President need not hold a hearing before determining that a convict violated the condition of his pardon. 455

b. The President cannot pardon a provincial governor who was found guilty in an administrative case. 456

c. The President cannot pardon a judge who was found guilty by the Supreme Court in an administrative case. 457

d. The President can pardon a criminal contempt of court. 458

5. One of these statements is not correct:

a. The President cannot pardon a civil contempt for it involves an order necessary to secure the rights of an injured litigant.

b. Reprieve is the postponement of the execution of a judgment. 460

c. Commutation is a remission of a part of the punishment and a substitution of a lesser penalty for the one originally imposed. 461

d. Acceptance by the convict is required for validity of commutation. 462

459

6. One of these statements is not correct.

a. Commutation need not be in a specific form. 463

b. The President cannot remit fines and forfeiture which have been paid into the treasury, as funds cannot be paid out of the treasury without an appropriation by Congress. 464

c. Amnesty is a pardon granted by the government to a group or class of person, usually for a political offense.

d. A person who applies for amnesty is not deemed to have admitted his guilt.

465

466

7. One of these statements is not correct:

a. Pardon is given to individual persons, while amnesty is given to a class of persons. 467

b. Pardon can be granted to all classes of offenses, while amnesty is granted for political offenses. 468

c. Pardon is granted by the President; a proclamation of amnesty by the President requires the concurrence of Congress.

469

454 Ibid

455 Torres vs. Gonzales, 152 SCRA 272

456 Llamas vs. Orbos, 202 SCRA 844

457 In re Romillo, Jr., G.R. No. 97091, December 9, 1997

458 Ex Parte Grossman, 267 U.S. 86

459 Ex Parte Grossman, 267 U.S. 86

460 Director of Prisons vs. Judge of First Instance of Courts, 29 Phil. 265

461 People vs. Vera, 65 Phil. 56

462 Cabantog vs. Wolfe, 6 Phil 273

463 Drilon vs. Court of Appeals, 202 SCRA 378

464 Tanada and Carreon, Political Law of the Philippines, Vol. 1, p. 334

465 Black’s Law Dictionary, 9 th ed., p. 98

466 People vs. Salig, 133 SCRA 591

467 People vs. Casido, 269 SCRA 360

468 Ibid

469 Ibid

35

8.