Sample problems and answers (4 paragraph rule)

1. A law was passed dividing the Philippines into three regions: Luzon, Visayas, and
Mindanao, each constituting a separate and independent state except on matters of
foreign relations, national defense and national taxation, which are vested in the
central government. Why, do you think, is this law invalid?
Suggested Answer:
The law is invalid because it undermines not only Philippine sovereignty
but our territorial integrity. (first paragraph your direct answer)
To be a state, an entity must have, inter alia, sovereignty and territory.
(second paragraph your basis)
At bar, by dividing the country into three autonomous states, the
Philippine is in effect reducing its geographic and political jurisdiction. It is also
surrendering control over these territories. (why the basis you cited fits or
applies to the problem)
As such, the law is invalid. (fourth paragraph, which is optional, is
simply a recap of your direct answer)

2. Declaring a rebellion, hostile groups have opened and maintained armed conflicts
in the islands of Sulu and Basilan. To quell the rebellion, can the president place
under martial law the islands of Sulu and Basilan? Answer with basis.
Yes, the president may place the abovementioned islands under a state of
martial law.
As part of the presidents calling-out powers as commander in chief, he
may put a portion or the whole of the state under martial law in case of lawless
violence, invasion or rebellion when public safety so requires.
At bar, armed conflicts have already taken place and the safety of the
public, particularly of civilians who are caught in the crossfire, is obviously at
stake.
Hence, the president may put these islands under a state of martial law.

3. Atty. K, a member of the House of Representatives, was serving his third

consecutive term in the House during the 15th Congress. In 2011, he was appointed
Secretary of National Defense. Can he run for election to the Senate in the 2013
elections? Explain with basis.
Yes, Atty. K can run for the Senate.
Under the Constitution, a member of the House of Representative can
serve three consecutive three year terms. A senator, on the other hand, can serve
two consecutive six year terms.
At bar, while Atty. K have exhausted his term at the House he can
nevertheless start anew at the Senate. The fact that he was appointed Secretary of
National Defense is immaterial for anyone with the qualifications and none of the
disqualifications can run for public office.
Hence, Atty. K can run for the Senate.

4. A private property owner sued the Republic of the Philippines after government
took over and occupied his property as part of a road widening project. May the
government invoke the states sovereign immunity from suit as defense? Explain
with basis.
No, the government may not invoke sovereign immunity.
While the state, as a general rule, is immune from suits, a long held
exception to the rule is when the state takes private property in its exercise of
eminent domain.
In an expropriation, private property is taken for a public purpose but
since such property is not noxious the owner is entitled to just compensation. At
bar, there is compensable taking precisely because private property is taken for a
road widening project.
Hence, the state may not invoke sovereign immunity.