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SUGGESTED ANSWERS

TO BAR EXAMINATION
IN

FO R WAR D

7. ..................................................................
The
Supreme
Court is empowered
Double
Freedom
Prohibitions
Disualifications
Requisites;
Extradition;
Admin
Dual
Agrarian
Judicial
Allegiance
Law;
Jeopardy
of Retroactive
Religion;
Department;
Contracts
and
Reform
Rules
(1999)........................................................................................................
vs.
Inhibitions
(1988)
Dual
and
Law;
Non-Establishment
Involving
Application
Regulations;
Citizenship
Writ
Coverage
of
......................................................................................................
of
Public
Amparo
LGU
(Q2-2005)..............................................................
(1988)
(1992)
Office
Due
(1991)
(1991)
Clause
(2004).........................................................
Process
....................................................................
.........................................................................
..................................................................
(1997)...............................................
(2000)
...........................................
167
116
49
83
68to148
101
131
187
30
1987
CONSTITUTION
OF
THE
adopt
rules
for
the
protection
and
enforcement
of
TABLE
OF
CONTENTS
Double
Freedom
Qualifications;
Effect
Requisites;
Flag
Government
DualCommission
Judicial
State
Citizenship
of Jeopardy
Filing
ofvs.
Speech;
Contracts
Independence;
Agency
Flag
Congressmen
of on
(1994)........................................................................................................
Certificate
of
(1993)
Human
Ban
Convenience
vs.
involving
on
Government
......................................................................................................
Rights;
Safeguard
of
Tobacco
(1988)
Candidacy;
LGU
Power
(2004)..................................................................
.................................................................................
AD
(2000)......................................................................
(1995)
Instrumentality
(1992)
Appointive
to investigate
..................................................................
...........................................................
Officer
(1992)
(Q7-2005)...............................
vs Elective
......................................
Officer 168
49
68
84 101
132
149
188
31
PHILIPPINES
Phil
Con
87;
New
constitutional rights.

Double
Freedom
Qualifications;
(2002)....................................................................................................................................
Taxation;
Genocide
Quasi-Judicial
Effect
Commission
Judicial
of Jeopardy
Marriage;
of
GOCC
(1988)
the
Power
Congressmen;
Body
Press;
on
.................................................................................................................
Liability
Filipino
(1989).........................................................................................................
(1997)
Human
or Actual
Agency
(1989).....................................................................................
For
......................................................................................................
Rights;
Malice
(1993)
(Q5-2006)
RealPower
(2004)....................................................................
................................................................................
Estate
.....................................................................
to Tax
issue(1999)..................................................
TRO (1997) ......................................
116
188
168
69
50
84 102
132
149
31
Features
(1991)
1987
CONSTITUTION OF THE PHILIPPINES ................................................................... 14
8.
Art.
II.
Sec.
11
commits
the
State
to
a
Double
Freedom
Qualifications;
Effect
Taxation;
Human
Commission
Judicial
ofRights
Jeopardy
Filing
Oath
ofSources
the
Power
of
Congressmen;
of
(1999)
Press;
Allegiance
on
Certificate
(1992).........................................................................................................
(1999)
Human
of.........................................................................................................
Wartime
Revenue
......................................................................................................
(2004)....................................................................................
Rights;
of (1999)
Candidacy;
Censorship
(1999).............................................................................
Power
................................................................................
Fair
to(1987)........................................................
issue
Election
TROAct
(2001)
(2003)..........................
......................................
117
168
69
50
85 102
132
149
32
Con
87; Bill
New
(1991).....................................................................................
14every
Phil
No 1:Phil
How
is the
of Features
Rights strengthened
in
policy
which
places value on the dignity of
Double
Impairment
Separation
Election
Withdrawal
Human
Effect
Judicial
Commission
of
Rights;
Offenses;
Jeopardy
Repatriation
of
of
Clause;
Power
Powers
Public
Civil
on
Conspiracy
(1998).........................................................................................................
(1999)
Basic
and
Human
Property
(1999)
(1988)
Political
Human
......................................................................................................
Rights;
...............................................................................................
..............................................................................................
from
to
Rights
Bribe
Rights
Public
Power;
Voters
(1992)
(1992)
Use
Limitations
(1991)
(1990).................................................
............................................................
............................................................
.................................................
(Q4-2005)...................................
132
117
168
51
85
70
103
150
32
the 1987
Con Constitution?
87; People Power (1987).....................................................................................
14 Philfor
Con
human
person
and
guarantees
full
respect
ARTICLE
XI
Accountability
of
Public
Officers...........................................................
133
Double
Involuntary
Separation
Election
Human
Effect
Judicial
Labor;
ofRights;
Protest
Jeopardy
Repatriation
Right
of
Servitude
Power;
Powers
Civil
(1990)
to Self-Organization
(2000)
Scope
and
(2002)
(1993)...............................................................................................
(2003)
......................................................................................................
Political
(1994)
......................................................................................................
...............................................................................................
..............................................................................................
Rights
...........................................................................................
(1988)
(1996)
........................................................................
............................................................
117
169
51
85
70 103
151
32
This
is
not
intended
for
sale
orrights.
commerce. This
work
is
87;work
People
Power
(2000).....................................................................................
15 Phil
Con 87;
human
SUGGESTED
ANSWER:
Abandonment
of vs.
Office
(2000)..........................................................................................
133
Double
Liberty
Three-Term
Election
Intl
Effect
Judicial
Court
Labor;
ofofProtest
Jeopardy
Repatriation
Abode;
ofRight
Review;
Limit:
Justice;
to
Limitations
Congressmen
(2001)
Strike
Quo
Locus
Jurisdiction
(2003)
Warranto
(1988).............................................................................................
Standi
......................................................................................................
...............................................................................................
(1998)..................................................................................
Over
(1996)...........................................................................
(1992)..............................................................................
(2001)......................................................................
States................................................................ 118
170
51
86
70 151
104
Intl
32
People Power (2003)..................................................................................... 15 Nature of the

9................................................................
A Commission on Human Rights
is
Discipline;
Clemency;
Doctrine
of
Condonation
(2000)................................................
133
There
Double
Liberty
Three-Term
Election
Court
Effects
are Labor;
Judicial
several
ofofJustice;
Protest
Jeopardy
Abode;
Marriages
Right
ways
Limit;
Review;
vs.
Jurisdiction
to
in
Temporary
Congressmen
which
(2002)
Strike
Quo
(1999).................................................................................................
Requisites
Warranto
the
(1993).............................................................................................
......................................................................................................
Bill
(1996)..................................................................................
Over
of
(1994)..................................................................................
(2001)...........................................................................
States
Rights
(Q5-2006)
(1994)...................................................
170 Intl
118
52
86
70 151
104
33
Constitution:
Constitutional
Supremacy
(2004)
.......................................
15 Government
freeware.
It
may
be
freely
copied
and
distributed.
It
is
primarily
created.
is strengthened
in
the
1987
Constitution.
ARTICLE
VII
Executive
Department
................................................................................
86
Discipline;
Effect
ofLimitations
Pardon
Granted
in
Favor
Public
Officers
(1999)....................
134
Double
Non-Imprisonment
Election
Court
Effects
Jurisdiction
Social
ofof
Jeopardy;
Justice;
Protest;
Philippine
Justice
of
Jurisdiction
HLURB
under
for
Requisites
BillNon-Payment
ofthe
1902
(1993)
On
Present
(1996)
(1999)
Jurisdiction
(2001)
...........................................................................................
................................................................................
of
Constitution
Debt
............................................................................
.................................................................................
(1999)
(1993)
(1995)...................................................
..............................................
......................................................
170 Intl
118
71
52 104
152
33
10.ofUnder
Article
XVI. Sec.
5(2) the State
is

Presidential Form vs. Parliamentary Form (Q6-2006)............................. 15 ARTICLE I

Appointing
Power;
Acting
vs.Pleadings
Permanent
Appointment
(2003)
.....................................
86
Preventive
Suspension
& Appeal;
entitlement
to
salary
pendente
(2001)
Due
Police
Expiration
Court
Elected
Mandatory
Women
Process;
of
Power;
Official
Justice;
of(2000).....................................................................................................................
term
Abatement
Period
Absence
(1992)..........................................................................................................
Parties;
bars
For
service
ofDeciding
Nuisance
Denial
thereof
and
Cases
(1999)...........................................................................
(2004)
(2000)...............................................................
Oral
(1989)...............................................................
Argument
.................................................................
170
118
71
52 152
105
33
mandated
to(1994)..........................
promote
respect for
the
people's
1 Discipline;
New
rights
are
given
explicit
recognition
such
National
Territory...........................................................................................
16
Archipelagic
intended
for
all
those
who
desire
to
have
a deeper
understanding
of
rights
among
the (1995).........................
members
of the military
in
...............................................................................................................................................
134
Power;
ad
interim
appointments
(1991)
........................................................
86
Due
Police
Petition
International
Electing
ARTICLE
Political
Process;
Power;
to
Philippine
Declare
Question
Convention;
XIV
Ban
Deportation
Education,
on
Citizenship
Failure
(1995)....................................................................................................
Tobacco
Law
of
Elections;
Science
(1994).......................................................................................
of
(Q8-2006)
AD
the
(1992)
Sea
Requisites
(2004)
........................................................................
.......................................................................
Technology,
..........................................................
& Effects
Arts
.........................................
118
171
52
71the
105
153
34
as,Appointing
the
prohibition
against
detention
by
reason
ofand
Doctrine
(1989)...............................................................................................
16 Contiguous Zone
performance
of their duty.
political
beliefs
andQuestion
aspirations.
The
waiver
Miranda
Discipline;
Preventive
Suspension
(1990)
......................................................................
134
Appointing
Power;
Ad
Interim
Appointments
(1994)
.......................................................
87
Due
Police
Pre-Proclamation
International
Electing
Political
Education;
Process;
Power;
Philippine
Court
Zoning
Academic
Forfeiture
Contest
Citizenship;
of
Justice
Ordinance
Doctrine
Freedom
(1987).....................................................................................
Proceedings
(Q9-2006).........................................................................
(1997)....................................................................................
When
vs.of(1987)............................................................................
Non-Impairment
Proper
(1993)...................................................................
(Q8-2006)...............................................
of Contracts
(1989) ................
171
119
72
53 105
153
35
Exclusive
Economic
Zone
(2004).................................................
16 Exclusive Economic
rights
isvs.
now
required
to
be
made
in
writing
theConfirmation;
Discipline;
Preventive
Suspension
(2002)
......................................................................
135
Appointing
Power;
Appointments
Requiring
6975-Unconstitutional
Due
Police
Pre-Proclamation
International
Natural
Political
Education;
Process;
Power;
Born
Question:
Law
Filipino
Zoning
Media
Academic
vs.
Contest
(1989)
Municipal
Ordinance
Separation
Coverage
Freedom
(1988).....................................................................................
................................................................................................
Law;
vs.
during
ofwith
(1989)............................................................................
Non-Impairment
Powers
Territorial
Hearing
(2004)
Principle;
(1996)...................................................
...........................................................
ofRA
Contracts
International
(2001)
Crimes
................
(Q2-trend.
119
72
53 153
106
35
the
issues
touched
by
the
Philippine
Bar
Examinations
its
Zone; Rights
of theThe
Coastal
State
(1994)..................................... 16 Exclusiveand
Economic
Zone;
assistance
of counsel.
use
ofvs.
solitary,
Elective
and
Appointive
Officials:
disciplinary
authority
(2004)
...................................
135
(2002)......................................................................................................................................
87
Due
Privacy
Pre-Proclamation
2005).....................................................................................................................................
Natural
Political
Education;
Process;
Born
of Communication
Question;
Filipino
Meeting
Academic
Contest
(1998)
To
Settle
Freedom
vs.
(2001)......................................................................................
................................................................................................
Hearing
Election
Actual
(1993)............................................................................
(1999)........................................................................
Contests
Controversies
(1997)
(2004)
..............................................
...........................................
171
120
53
72 153
106
35
incommunicadoRights
and secret
of the
detention
Coastalplaces
State is(Q1-2005) .............................. 17 Flag State vs. Flag of
Elective
Public
Officer;
De
Officer
(2000)..............................................................
............................................................
135
Appointing
Power;
Categories
of Facto
Officials
(1999)............................................................
88
Due
Privacy
Pre-Proclamation
Mandates
Natural-Born
Political
Education;
Process;
of
Questions
Correspondence
and
Filipino(1993)
Trust
Academic
Notice
Contest;
(1988)..................................................................................................
Territories
by
Freedom;
Publication
Proper
.................................................................................................
(1998)
(2003)............................................................................
Issues
....................................................................................
Extent
(1988)......................................................................
(1996)..........................................................
(1999)
172
121
106
54
73 154
Pro
35
prohibited,
while
the
existence
of
substandard
andstudents from the
It Appointing
is
specially
intended
for
law
provinces
who,
Convenience
(2004)
......................................................................
17 Territory
& Government
Elective
Public
Officers;
De
Facto
Officer;
effects
(2004)
............................................
136
Graft
Power;
Kinds
of
Appointments
(1994)...........................................................
88
Hac
Due
Privacy
Process;
Municipal
Naturalization;
Vice
Education;
Process;
of
Cases
Illiterate
Law
Correspondence;
vs.
Cancellation
Permit
(1999)...............................................................................................
Alien
Voters
International
Enrollees
to
(1987)
Carry
of
Jail
Citizenship
&
Law
.......................................................................................
Firearm
(1989)............................................................................
Donors
(2003)
Outside
(1999)..................................................................
(1998)...........................................................
...................................................................
Residence
(Q6-2006)........................
107
Removal
121
173
54
73
154
36
inadequate
penal facilities is made the concern of
(1996)...........................................................................................
17 Territorial Sea vs. Internal
and
Corruption;
Prescription
of
Crime
(2002)
......................................................
136
Appointing
Power;
Limitations
on
Presidential
Appointments
(1997)...........................
Due
Right
Process;
Neutrality
Residency
Education;
of
Process;
to Lower
Assembly;
Principle
ofRequirements;
States
Court
Duties
PPA-Pilots
of
Permit
(1988).................................................................................................
Judges
Idem
of State
Application;
Elective
Sonans
(2001)
(1993)
in
Re
Official
(1994)
........................................................................................
.........................................................................
Education
Freedom
.....................................................................
(Q9-2005)....................................................
(1999).......................................................
Parks (Q2-2006)..............................
10789173
121
Review
54
73 154
36
legislation.
Waters (2004).........................................................................
17 ARTICLE
II Declaration
of
very
often,
are
recipients
of
deliberately
distorted
notes
from
other
Impeachment;
Cronyism
(2000)
.......................................................................................
137
Powers;
Ad
Interim
Appointments
(Q4-2005)
..............................................
90
2 Appointing
There
is
also
recognition
of
the
right
of
Executive
Due
Right
Process;
Outer
Status;
Education;
Process;
to
Space;
Illegitimate
Assembly;
Stray
Acts
Jurisdiction
(1996)..........................................................................................
Flag
Ballot
Procedural
Child
Permit
Salute
(1994)
(1990)..........................................................................................
(2003)......................................................................................
Requirements
(1987)
vs.
.............................................................................................
Substantive
..........................................................................................
(1992)
(1999)............................................................
...........................................................
107
Supervision;
174
121
74
55 155
37
Principles
and
State
Policies..........................................
18
Armed
Forces;
Servant
of
the
expression,
an
express
prohibition
against
the
use
of(1996)
Impeachment;
Grounds
(1999).........................................................................................
137
Cabinet
Members;
limitation
on
accepting
additional
duties (1996) .............................
90
Due
Right
Recall
Principle
Status;
Courts
Education;
Process;
to
(2002)
Illegitimate
&
Assembly;
ofitsAuto-Limitation
Personnel
.......................................................................................................................
Provisional
Right
Child;
Public
to Choose
(Q5-2005).............................................................
Dual
Teachers
(Q10-2006)..........................................................................
Order
Citizenship
Profession
(1991)
(2000)
............................................................................
.....................................................................
(2000)..............................................................
..........................................................
108 Taxpayer's
174
122
55
74Suit;
155
37
People
(2003)...................................................................
18 Doctrine of Incorporation;
torture,
a
mandate
to
the
State
to
provide
compensation
Impeachment;
Nature;
Grounds;
PD
1606
(1988).........................................................
137
Law
Calling-out
Power;
President
(Q1-2006)
...........................................................................
91
Due
Right
Three-Term
Reciprocity
Status;
Education;
Process;
Locus
to
Legitimate
Assembly;
v.
Limit
Standi
Principle
Right
Public
Rule
Child
Public
(1995)..............................................................................
to
School
(2001)
of
Quality
(2003)
Auto-Limitation
Teachers
..........................................................................................
Teachers
Education
..........................................................................................
(2002)
(2002)
(Q10-2006).................................................
(2003)
.....................................................................
.................................................................
................................................................
108
Term
of
174
122
56
Office;
74
156
37
unscrupulous
law
schools
and
students. Share
to of
others
this work
Constitutional
Law
(1997)......................................................
18 Doctrine
Incorporation;
Pacta
and
rehabilitation
for
victims
of
torture
and
their
of
Public
Officers;
Next-in-Rank
Rule
(1994).........................................................
137
Liability
Declaration;
State
of........................................................................................
Calamity;
Legal
Effects
(Q1-2005)................................................
91
Due
Right
Three-Term
Recognition
Ways
Justices
Education;
Process;
to
of Travel;
Reacquiring
(1996)
Limit;
of States;
Radio
Order
Teaching
from
Citizenship
of
Station
De
Municipality
Arrest
of
Facto
Religion
(1987)
(1991)..............................................................................
vs.
(2000)...........................................................................
to
De
(1999)..........................................................................
Newly-Created
...................................................................................
Jure
Recognition
City(1998)
(Q9-2005)....................
..............................
108 Votes required
122
174
56
75 156
for
38
families.Sunt Servanda (2000)................................................. 18 Freedom from Nuclear Weapons;
ARTICLE
VIthe
Legislative
Department
..............................................................................
75
For
Damages
in
Performance
of
Official
Functions
(1990)
...........................
138
Local
Declaration;
State
National
Emergency
(Q1-2006)
....................................................
91
Enter
Due
Rights
Vacancy;
Reparations
Education;
Process;
of
Effect
declaring
Agreement;
Accused;
Represented
Validity
of
Vice-Mayor
a
law
Counsel
of
Validity
unconstitutional
Academic
by
Acting
of
a
(1992)
his
Non-Lawyer
Requirements
As
Choice
.........................................................................
Mayor
(1996)..........................................
(Q8-2005)..............................................
(2002)...............................................
(1988)
(1994)
.....................................................
................................................
109
ARTICLE
123
175
56
156
38
IX
3
Some will
rights have
been expanded.
For (1988).................................
and you
be Foreign
richly
rewarded
by God in heaven.
It is also
very
Military
Bases
18 Philippine
Flag
(Q4Appropriation
of
Public
Funds
(1988)................................................................................
75
Elective
Officials;
Limitations
On
Additional
Duties
(1995)
...............................
139
into
Contract
or
Guarantee
Foreign
Loans
(1994)................................................
91
Enter
into
Due
Rights
Vacancy;
Right
ARTICLE
Process;
to
Constitutional
ofaccess
Innocent
the
Rule
Accused;
XVI
of
Substantive
Succession
General
Passage
Commissions
Presumption
(1999)....................................................................................
(2003)
(1995)...............................................................................
of
......................................................................................
..................................................................
Innocence
..................................................................................
vs. Presumption of Theft 109
(2004)
Rotational
123
175
57 156
38
instance,
free
to
courts
nowProvisions
includes
access
to
2006)....................................................................................................
19 Principle of75Civilian
Appropriation
ofAccused;
Public
Funds;
Debt
Servicing
(1992)....................................................
Ombudsman:
Power
to Suspend;
Preventive
Suspension (2004) .............................
139
Contract
Guarantee
Foreign
Loans
(1999)................................................
92109
Enter
into
General
Due
Rights
Vacancy;
Right
Scheme
Process;
toor
of
Provisions;
Transit
the
(1999).................................................................................................
SB;
Rule
Suspension
and
Local
on
Innocent
Succession
Right
Dialect
of
to
Passage
Driver's
Bail
(1987)........................................................................
(2002)......................................................................
(1993)......................................................................
(2004)
License
..............................................................
(1992).....................................................
Constitutional
156
124
176
57AFP;
38
quasi-judicial
bodies
and
to
adequate
legal
assistance.
Supremacy
(Q6-2006).......................................................................
19 State Immunity
from
Suit
We
would
like
to
seek
the
indulgence
of
the
reader
for
some
Bar
good
karma.
IX
Commission
on
Audit
...............................................................................
124
Appropriation
of
Public
Funds;
Public
Purposes
(1988).................................................
75
4 ARTICLE
The
Ombudsman;
requirements
Power
for
interfering
to
Investigate
with
some
(2003)
.....................................................................
139
Executive
Agreements
(2003)
..........................................................................
92
Impose
Tariff
limitation
Commissions
Due Process;
Rights
of on
and
the
Obligation
accepting
Accused;
& Urgent
Council
under
additional
Right
Public
(Q7-2006)
UN
to Need
Bail;
Charter
duties
........................................................
Capital
(1987).........................................................................
(1996)...................................................
(1991)............................................................
Offense (Q4-2006) .................................
109 ARTICLE
157 ARTICLE
176
IX58Civil
39
(1991).........................................................................................
19 State Immunity124
from
Suit
rights
have
been
made
more
strict.
For
instance,
only
COA;
Jurisdiction
(2001)....................................................................................................
COA;
Commission
on
Appointments
(2002)
...............................................................................
Ombudsman;
Power
toRevisions
Suspend;
Preventive
Suspension
(1996)
.............................
140
Rates,
Import
and
Export
Quotas
(1999)..................................................
92........................
Martial
Law76
&
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Rights
Sources
XVII
Service
ofAmendments
of
the
Domain;
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Accused;
Commission........................................................................
Garnishment
Right
or
Law;
toPrimary
Bail;
(1994)..............................................................................
Deportation
....................................................................
& Subsidiary
Case
Sources
(1989)(2003)
....................................
109
Career
157
Peoples
Service;
177
58
39
(1996).........................................................................................
20 State Immunity
from
Suit
judges
can
now
issue
search
or
warrants
ofclassified
Money
Claims
(1998)
..............................................................................................
124Amendments
Delegation
of
Powers
(2002)
..............................................................................................
76177
Power
to
Issue
validity
ofvs.
delegation
(1989)
..............................................
140
Questions
Suspension
of
which
Writ
of Subpoena;
Habeas
are
improperly
Corpus
(1987)
........................................
under
92
a Martial
topic
Law;
and
for
Initiative
Eminent
Rights
Sovereign
of
Characteristics
(2004)
the
Domain;
Immunity
Accused;
...................................................................................................
Garnishment
ofwarrants
(1999)
Right
States;
to...........................................................................
Absolute
Bail;
(1998)..............................................................................
Matter
of
Restrictive
Right or
a(1998)
Matter
..................................
of Discretion
157
109
(Q7Civil
Service
40
(1989)........................................................................................
20
State
Immunity
from
Suit
arrest.
There
must
be
a
law
authorizing
the
Executive
ARTICLE
X(2000)..........................................................................................
Local
Government
.....................................................................................
125
Delegation
of
Powers;
(Q6-2005).......................................................................................
76
Prohibition
On
Elective
Officer
to
Public
Office (2002)........................................
140
Limitations
93109
Martial
Law;
and
Commission
Eminent
2005).......................................................................................................................................
Sovereignty
Revisions;
Domain;
of
vs.
Modes
States;
COA
immunity
(1997)
(2004)
Natural
..................................................................
.....................................................................
from
Use
suit
of Hold
Territory
(2001)
(1989).................................................
....................................................................
157
REFERENDUM
Function
178
of
58CSC
vs.
40
Department
to interfere with the privacy ofEdited and Arranged by: 21 State Immunity from Suit
(1994).........................................................................................
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of
Budget
Officer;
control
vs
supervision
(1999)
....................................
125
Delegation
of
Powers;
Completeness
Test;
Sufficient
Standard
Test
(Q6-2005)
......
77
Public
Office;
Public
Trust
(1998).....................................................................................
140
Sufficiency
the
Factual
Basis
(Q3-2006)................................................
94
Pardoning
Power;
Eminent
Rights
Sovereignty;
(1994)
of
INITIATIVE
the
Domain;
.....................................................................................................
Definition;
Accused;
Indirect
(Q1-2005)....................................................................
Right
Nature
Public
to
(Q10-2006)
Speedy
Benefit
Trial
...................................................................
(1990)..............................................................
(2000)......................................................
110
157
GOCCs
ARTICLE
Without
178
59
XVIII
40
some
topics
which
are and
improperly
or ignorantly
phrased,
for
the
communication,
the liberty
of abode,
the right to
(1992).........................................................................................
21
State
Immunity
from
Suit
Boundary
Dispute
Resolution;
LGU;
RTCs
Jurisdiction
(Q10-2005)........................
126
Discipline;
Modes
of
Removal
(1993)...............................................................................
77over
Retirement
Benefits
(1996)
...............................................................................................
Amnesty
(1993)....................................................................................
95 Pardoning
Power;
Eminent
Rights
State
Original
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of
Transitory
Charter
the
Domain;
Accused;
(1995)........................................................................................................
vs.
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Just
GOCCs
Self-Incrimination
Compensation
With
Original
(1988)
(1988)
Charter
............................................................
..................................................................
(1998).............
110 Jurisdiction
158
Transitory
179
59 141
the
40
travel
before
these
rights
may
be
impaired
or curtailed.
(1999).........................................................................................
22 State Immunity126
from
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Boundary
Dispute
Settlement;
Authority;
Jurisdiction
(1999)
......................................
Discipline;
Suspension
of
a
Member
of
the
Congress
(2002)
.......................................
77
ARTICLE
XII
National
Economy
and
Patrimony.........................................................
142
Amnesty
(1995)....................................................................................
95
Pardoning
Power;
Eminent
Rights
State
Provisions;
GOCCs
Sovereignty;
of
the
Domain;
(1999)................................................................................
Accused;
Foreign
Effective
Just
Self-Incrimination
Military
Compensation
Occupation;
Bases
(1996)
(1989)
Terra
(1990)
...................................................
Nullius
............................................................
..................................................................
(2000)
...................................
111
Jurisdiction
158
Transitory
over
179
59
the
41
5
The Constitution now provides that the
(1999).........................................................................................
22
State
Immunity
from
Suit
authors
are
just
Bar
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who
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work
while
Creation
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..............
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suspension
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of
the
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writ
of(Q5-2005)....................................
(2004)
habeas
..........................................................................
corpus
78
Acquisition
and
Lease
of
Public
Lands
(1998)...............................................................
142
Breach
of
Revocation
95(2004)
Pardoning
Power;
Exec
Eminent
Rights
Stateless
GOCCs
Provisions;
(2003)................................................................................
the
Domain;
Persons;
Accused;
Foreign
Just
Effects;
Self-Incrimination
Compensation
Military
Status;
Bases
Rights
(1988)
(1998)
(1992)
(1995).........................................................
...................................................
............................................................
..................................................................
111
Modes
of Removal
158126
PUBLIC
179
60
from
41
(Silliman
University
College
of
(1987).........................................................................................
22 State..........................
Immunity126
vs. Waiver
of
does
not suspend
the
right
to............................................................................
bail,
thus
resolving
Facto
Public
Corporations;
Effect
(2004)..................................................................
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Tribunal;
HRET
Members
Right
&a(2000)
Responsibilities
78
Acquisition
of
Lands
(1987)...............................................................................................
142
Clemency;
Pardon
(1995).........................................................
95(2002)
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Power; Executive
Eminent
Rights
Territorial
INTERNATIONAL
of
Office
the
Domain;
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Accused;
(1993)
vs.
Internal
Legal
Self-Incrimination
LAW
Interest
Waters
........................................................................................
(2004).......................................................................
(1993)
............................................................................
............................................................
111 Receiving
of
158
180
Indirect
60
Basic
Use
41
Law)July
26,
2005
Immunity
(1997)
................................................................
22
State
Immunity
from
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doctrinal
dispute
of
long
standing.
reviewing
for
the
Bar
Exams
under
time
constraints
and
within
their
Devolution
of
Power
(1999)...............................................................................................
Electoral
Tribunal;
Senate;
Jurisdiction
(1990)
................................................................
79
Acquisition
of
Lands
(2000)...............................................................................................
143
Clemency
(1997)
...............................................................
Pardoning
Executive
Eminent
Rights
of
Force;
Compensation
of
Domain;
Exceptions
the
Principles
Accused;
Non-observance
in(2003)......................................................................................
(1997)
Public
Self-Incrimination
...................................................................
Intl Law
of
(1991)
the
(Q7-2006)......................................................
policy
......................................................................
of96
"all
or none"Power;
(2000)......................
111
Security
180126
of
Use
Tenure
61
of
158
42
(1993).........................................................................................
23
State
Principles
&
Policies
6 Franchise;
The
suspension
of
the
privilege
of
the
writ
of
prior
approval
of
LGU
necessary
(1988)
.....................................................
126
Law
Foreign
Affairs;
Role
of
House
ofExercise
Rep
(1996)..................................................................
79 61
Acquisition
of
Lands
by
Hereditary
Succession
(2002)
................................................
143
Clemency
(1999)
...............................................................
96 Pardoning
Power;
Kinds
(1988)..................................................................................................
Eminent
Searches
Force;
Constitutive
Principle
Domain;
and
Seizure;
of
Theory
Non-Intervention
Power
Private
vs.
to
Declaratory
Individuals
(1994).......................................................
(2005)
Theory
(Q8-2005)...................................................
....................................................................
(2004).......................................................
112
Security
181
of
Tenure
Use
of
(Q5160
42
habeas
corpus and the proclamation of martial law
(1994)......................................................................................
23 Transparency; Matters
of Public
fixing
the
terms
ofsixty
local
elective
officials
(Q4-2006)
.............................................
127Pardon,
Foreign
Affairs;
Role
of
Senate
(1994)..............................................................................
79
Updated
Acquisition
of
Lands;
Citizenship
issue
(1989)
..............................................................
(1988)..........................................................................................
96112
Pardoning
Power;
2005)
Eminent
Searches
Force;
Contiguous
...........................................................................................
Right
Domain;
and
of
Seizures;
Self-defense
Zone
Public
vs.
Aliens
Exclusive
Use
(2002)....................................................................
(2001)..............................................................................
(1987)..................................................................................
Economic
Zone
(2004)..............................................
Security
of Tenure;
182
Use
Meaning
61
of 143
160
42
limited
knowledge
of
the
law.
We
would
like
to
seek
the
readers
have
been
limited
to
(60)
days
and
are
now
Interest
(1989)..............................................................
24 Transparency; Matters127
of Public
Ordinance;
Use
&
Lease
of
Properties;
Public
Use
(1997)..........................................
Investigations
in
Aid
of
Legislation
(1992)
........................................................................
79
Law
Acquisition
of
Lands;
Citizenship
issue
(1994)
..............................................................
144
Conditional
(1997)
................................................................
97
President;
Participation;
Eminent
Searches
Force;
Diplomatic
Self-Defense;
(1999)
Domain;
and
Seizures;
................................................................................
Immunity
Socialized
Waging
Breathalyzer
(2000)
War
Housing
..............................................................................................
(1998)..........................................................
Test
(1996)...................................................................
(1992)..........................................................
113
ARTICLE
182
IX
COMELEC
Use
62
of
160
43
subject to the power
of Congress
to revoke. In by:
Interest
(2000)..............................................................
25 ARTICLE
III Bill
of Rights
Ordinance;
Validity;
Closure
or
Lease
of
Properties
for
Public
Use
(2003)
..............
127
Making;
Process
&
Publication
(1993)......................................................................
80
LawAcquisition
of
Lands;
Citizenship
issue
(1995)
144
Legislative
Process
(1996).......................................................
97
Presidential
Immunity
from
....................................................................................................
Eminent
Searches
Force;
Diplomatic
When
Domain;
andallowed
Immunity
Writ
(1988)
Immediate
of
(2001)
Possession
................................................................................
Control
(1993)....................................................................
(1987)..............................................................
........................................................
113
Electoral Tribunal;
183 War;
Functions
62 160
43
addition,
the
Supreme
Court
is
given
the..............................................................................................
jurisdiction,
indulgence
forSeizures;
a
lot
of
typographical
errors
in
this
work.
...................................................................................................
25 Bill
of127
Attainder
19,
2007
upon
the
petition
of any
to
determine
Ordinance;
Validity;
Compensation;
Tortuous
Act
of(1993)......................................
an(1990)
Employee
(1994)
...............
Making;
Appropriation
Bill of
(1996)
..............................................................................
80
Acquisition
ofcitizen
Lands;
Prohibition;
acquisition
of
private
lands
by Against
aliens
(1994)
.......
145
Suit
(1997)
.............................................................................
97Fair
Prohibition
Multiple
&Combatants/
Equal
Searches
Composition
Diplomatic
Protection;
and
Prisoners
(Q5-2006)..............................................
Seizures;
Immunity
Alien
Incidental
(2003)
Employment
War April
vs.
..............................................................................................
Mercenaries
tothe
Valid
(1989).....................................................................
Search
113
...........................................
Election;
Equal
Space
183LawWilson
&62Time
161
44
(1987)..........................................................................................................
25 Bill of128
Attainder
sufficiency
of
the
factual
basis
of
the suspension
of(2001).............................................................
the
Ordinance;
Validity;
Local
Taxation
vs.
Special
Assessment
(1987)
.........................
Making;
Appropriation
Law;
Automatic
Renewal
&
Power
Augmentation
Citizenship
Requirement
in
of
Advertising
(1989)
.................
145
Positions
&
Additional
Compensation
(2002)
.................
97ofProhibition
against
Multiple
Equal
Searches
doctrine
in Diplomatic
Media
Protection;
vs.
and
(1989)
Estrada
Seizures;
Immunity
.....................................................
Invidious
doctrine
Place
(2004)
(2004)...................................................................
Discrimination
ofManagement
..............................................................................................
Search
(1987)...........................................................
113 Grant
ofIndustry
Pardon
in Election
184
Offenses
63 161
44
(1990)..........................................................................................................
26
Custodial
privilege
of
the
ofSeizures;
habeas
corpus
and
the by
The
Authors
ADMINISTRATIVE
LAW.......................................................................................................
184
Ordinance;
Validity;
Preventing
Immorality
(1987)
........................................................
128
(1998)......................................................................................................................................
80
LawEngagement
in
Business
&
Exercise
of
Profession
145
Positions
bywrit
Govt
Officials
(1987)
....................................
98(1987)..........................................
Suspension
Writ ofofHabeas
Equal
Searches
Diplomatic
Protection;
and
(1991)
Immunity;
.................................................................
Invidious
search
Ambassador
Discrimination
made
(Q3-2005)
a private
(1987)...........................................................
...............................................................
citizen
114
(1993)................................
Judicial of
Review
Decisions
63
162
45
proclamation
of martial
law.
Extrajudicial
Confession
(2001) ...............................................
26184
Custodial
AdminInvestigation;
Law;
Exhaustion
of Administrative
Remedies
(1991).......................................

POLITICAL LAW
ARRANGED BY TOPIC

(1987 2006)
Atty. Janette LagguiIcao and Atty. Alex
Andrew P. Icao

Romualdo L. Seeris II, LLB.

Ordinance;
Validity;
Utilization
& Development;
National
Wealth
(1991)
..................
128 Office;
Making;
Appropriation
Law;
Rider
Provision
...............................................
81from
LawExploration
and
Development
of
Minerals
(1994)
.........................................................
146
Corpus
(1997)..................................................................
99
Equal
Searches
Diplomatic
Protection;
and
(2001)................................................................................
Seizures;
Immunity;
Police
search
Ambassadors
Power
made
(2000)..............................................................................
by(1990)....................................................................
a(2001)
private
citizen
(2002)................................
114 Removal
64 162
45
Investigation;
Extrajudicial
Confession;
Police
Line-Up
(1994)
...................
26
Custodial
From
the
ANSWERS
TO
BAR
EXAMINATION
ARTICLE
VIII
Judicial
Department
....................................................................................
Admin
Law;
Exhaustion
of
Administrative
Remedies
(2000).......................................
184
Ordinances;
Validity;
Natl
Laws
(1988)
.......................................................
12899
Making;
Foreign
Affairs;
Treaties
(1996)..................................................................
81 LawExpropriation
ofAmending
Public
Utilities
(1992)
............................................................................
Commissioners
Equal
Searches
Diplomatic
Protection;
and
Seizures;
Immunity;
(1998)
Right
................................................................
Valid
to
Coverage
Education
Warrantless
(Q3-2005)
(1994)
Search
....................................................................
....................................................................
(2000)............................................
114 Right to Vote;
Jurisdiction
64 146
163
45
Investigation;
Police
Line-Up
(1997)................................................................
27LawCustodial
Cases
to
be
Heard
En
Banc;
Supreme
Court
(1999)......................................................
99
Admin
Law;
Exhaustion
of
Administrative
Remedies
vs
Doctrine
of
Primary
Jurisdiction
Ordinances;
Validity;
Gambling
Prohibition
(1995)........................................................
129
Making;
Overriding
the
Presidential
Veto
(1991)
....................................................
81
Lease
of
Private
Agricultural
Lands
(2001)
....................................................................
146
Equal
Searches
Diplomatic
Protection;
and (2001)
Seizures;
Immunity;
Subsidiary
.....................................................................................
Visual
Diplomatic
Search
Imprisonment
Envoy
(1992)
and
................................................................
(1989).........................................................
Consular
(1995)......................
114LAW
Election65
Laws
164
45
QUESTIONSin
POLITICAL
LAW
byOfficers
theUP
Investigation;
Right
Counsel
(1988)(1991)
............................................................
Custodial
Contempt
Powers
(1996).....................................................................................................
9965Rule
(1996)
..............................................................................................................
185
Law;
Ordinances;
Validity;
of Penalties
.....................................................
129
Making;
Passage
of
aLimitation
Law&to
(1988).............................................................................
8227
Legislative
National
Patrimony;
Constitutional
Prohibition
(2004).............................
147
Freedom
Searches
........................................................................................................................
Diplomatic
and
of Economy
Expression;
Seizures;
Immunity;
Waiver
Diplomatic
Censorship
of Consent
Envoy
(2003).....................................................................
(1989)........................................................
and Consular
Officers
(1997)......................
114Admin
2nd
Placer
165
46
Investigation;
Right
to(1993)......................................................................................
Counsel
(1993)
............................................................
27Law;
Custodial
COMPLEX
and
Finality
of Void
Judgments
9966
Fiscal
Exhaustion
of
Administrative
Remedies;
Exceptions
(1991)
................. 185
Ordinances;
Veto
Power
(1996)
.......................................................................................
129
Power;
Pres.
Aquinos
Time
(1990)
...............................................................
82Admin
Legislative
National
Patrimony;
definition
(1999)
..............................................................................
147
Freedom
Searches
Exclusive
(2003).....................................................................................................
and
of
Expression;
Economic
Seizures;
Warrantless
Zone
Prior
(2000).....................................................................................
Restraint
Arrests
(1988)
(1993)......................................................
...............................................................
114
2nd Placer
Rule
165
46
Investigation;
Right
to
Counsel
(2000)
............................................................
28
Custodial
Autonomy
(1999).....................................................................................................
100
Function;
Judicial
Review
of
Administrative
Action
(2001)......................................
186
Admin
Law;
Police
Power;
(1995)...............................................................................................
130
Powers
(1989)
...................................................................................................
Loans
Extended
Nationalized
Activities
(1994)............................................................................................
Freedom
Searches
(1990)......................................................................................................
Executive
and
ofLLDA
Religion;
Seizures;
Agreements;
Convicted
Warrants
Binding
of
Prisoners
Effect
Arrest(2003)................................................................
(1991)
(1989)
........................................................
..........................................................
11582
2nd
Placer
Rule;
66 147
165
46
in
Investigation;
Right(1991)...........................................................
to
Counsel;
Receipt
of(1993)
Property
Seized 82
(2002)...........
28
Custodial
PHILIPPINE
ASSOCIATION
OF
LAW
ARTICLE
IV
Citizenship
.....................................................................................................
66
Continuing
Constitutional
Convention
(2000)
...............................................
100
Issuance
of 166
Judicial
of
Administrative
Decisions
(1988)................................
186Placer
Admin
Law;
Power
toReview
Issue
Subpoena
& Cite
For
Contempt
...............................................
130
to
Members
of
Congress
Multi-Party
System
Ownership
Requirement
of
Mass
Media
(1989)
............................................................
148
Quo
Freedom
Warranto
Extradition
Religion;
Cases
vs.
Deportation
(1992)..........................................................
Flag
Salute
(1993)....................................................................................
(1997)..........................................................................
115 2nd
Rule;
Rule
47
of
Investigation;
Rights
(1990)...............................................................................
29Law;
Custodial
Action
for
Prescription
&
of Death
(1994)......................................
66Bar
Restraining
Orders
and
Injunctions
...............................................
100 Admin
Judicial
&
Meaning
ofCancellation;
Government
of
the
Philippines
(1997)
...............................
187
Power;
Eminent
Domain;
LGU;
Right
toEffect
Exercise
(Q10-2005)....................................
131
(1999)...................................................................................................
83115
Non-Legislative
Powers
Chinese
engaging
in(1992)
retail
trade
(Q4-2006)....................................................
148
SCHOOLS
Freedom
Extradition;
Succession
of citizens;
Religion;
Doctrine
(1996)
Flag
of
................................................................
Specialty
Salute
(2003)..........................................................................
(1993).........................................................................
Appreciation
of
Ballots
166
48
Investigation;
Rights
(1993)...............................................................................
29
Custodial
Citizenship;
Elected
Official
(1993)....................................................................................
67
Dual
Council
(1988)............................................................................................
101
JudicialPowers;
& 131
Bar
Power
of
the
President
to Reorganize
Administrative
Structure
(2003)
Powers
of
Barangay
Assembly
(2003)............................................................................
(1988)
..........................................................................................
83 Non-Legislative
Exploration,
development,
and (1996).............................................................................
utilization
of natural
resources
(Q4-2006)
...............
148
Freedom
(1994)...........................................................................................
Extradition;
of
Religion;
Effectivity
Non-Establishment
of treaty
Clause
(1988)...............................................
116
Disqualification;
Grounds
166
48
Investigation;
Rights
(1996)...............................................................................
30
...............................................................................................................................................
187
Allegiance
vs.
Dual
Citizenship
(1987)
....................................................................
67
Council
(1999)............................................................................................
101
Powers;
Ligaof
ng
mga
Barangay
(2003)...........................................................................
13148 167
Emergency
Powers;
Requisites
(1997).................................
83
ARTICLE
XIII
Social
Justice
and Human
Rights
.........................................................
148
Freedom
Extradition;
Religion;
Grounds
Non-Establishment
(2002)..............................................................................................
(1991)......................................................................................
Clause
(1992)...............................................
116

BAR Q&A (as arranged by Topics) POLITICAL LAW (1987-2006)

seeking
establishment
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p.
people can directly propose and enact laws or
managing
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astheterritorial
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sea
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calculated.
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of
Public
after the registration of a petition therefor signed by
On
1the
June
1991,
the
Republic
of
Indonesia
by
Senate
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when
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Congress
to
other
activities
for
the
economic
may
be
removed
from
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aexploitation
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offiled
losssoof
International
Law,
4th
ed.,
p.
120.)
at least ten per
centum
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Trial
Court
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people and their organizations
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(Art.
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21,
Art.
XVIII,
sec.
4).
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energy
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water,
currents
Territory
Archipelagic
Doctrine
(1989)
reasonable
participation
at
all
levels
of social,
Armed
Forces;
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of
the
People
(2003)
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No.
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I -and
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II. and
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1987
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Indonesia
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archipelagic
doctrine?
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1987
abridged.
Theexpresses,
State shall,inbypart,
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entitled
scientific
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research
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Philippine
the
territory.
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Ittodeclares
Constitution?
establishment
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Forces
of
the
Philippines
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the
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suit.
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as
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policy
"the
Philippines,
consistent
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thethat
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environment.
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SUGGESTED
mechanisms.
Under
SectionDescribe
2. Article briefly
XVII ofwhat
the
people
and
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the
State."
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The
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emphasizes
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peopleIsDOCTRINE
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National
of
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nuclear
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thethe
Constitution
through initiative
Police
covered
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mandate?
ALTERNATIVE
ANSWER:
funds
deposited
in II,
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Philippine
National
Bank
territory."
(Art,
sec.a 8)
However,
the
archipelago
either
group
of
islands
upon
a petition of at least
twelve per centum of the
FIRST
ANSWER:
SOVEREIGN
RIGHTS
or
for the
purpose
and
FarALTERNATIVE
East by
Bank.
toCommission
the
Court
of
deliberations
of waters
theIndonesia
Constitutional
surrounded
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of of
waters
total
number
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registered
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every
Article
II,
Section
3
of
the
1987
Constitution
exploring
and
exploiting,
conserving
and
Appeals
on a to
petition
for
certiorari
underitRule
would
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indicate
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provision
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the
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means
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the
Armed
Forces
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Philippines
managing
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Rules
of
Court.
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Constitution
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"not
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per
centum
of
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registered
voters
therein.
should
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President
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Appeals
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percent
without
exception."
Itsubsoil
may and
therefore
appropriate
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"outermost
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to
of
the
people
and should
not commit
abuses
superjacent
with
regard
other
that
circumstances
may
justify
a to
provision
on
encircle
the waters,
islandsand
within
the
archipelago.
The
against
the
people.
of the
Constitutional
activities
such
the(Record
production
of energy
from
nuclear
waters weapons.
on
theaslandward
side of
the baselines
Commission,
Vol.
V,
p.
133.)
This
provision
is
SUGGESTED
ANSWER:
the
water, currents
and or
winds
in an area
notmerely
regardless
of breadth
dimensions
are
specifically
addressed
to
the
Armed
Forces
of
the
The
Court
of Appeals
should
dismiss
thebeyond
petition
extending
more
than 200
nautical
miles
internal
waters.
Philippines
and
not
to the
the
Philippine
National
Philippine
Flag
(Q4-2006)
insofar
as
it
seeks
to
annul
the
order
denying
the
the
baseline
from
which
territorial
sea
Phil
Con
87; People
Power
(2003) andisdistinct
Police,
because
the
latter
is
separate
State
whether
orArt.not
the
constitutional.
motion
of archipelagic
the
Government
oflaw
Indonesia
to dismiss
measured.
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56,
UNCLOS)
Jurisdiction,
Yes, the
doctrine
isis reflected
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from
the
former.
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No
Icounterclaim.
-Is
"people
power"
recognized
the
1987
Explain
briefly.
the
The
counterclaim
inConstitutional
this
case is
inter
alia,
with
regard
to:
1987
Constitution.
Article
I, ofSection
1 provides
Commission,
Vol.
V,
p.
296;
Manalo
v.
Sistoza.
Constitution?
Explain
fully.
(1)
thenational
establishment
and
useitthe
of
artificial
1.
law
changing
the
design
of 312
the
a
compulsory
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since
arises
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that
theA
territory
of
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SCR
A
239
[1999].)
islands,
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and
structures;
Philippine
flag.
(2%)
the
same
contract
involved
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complaint.
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includes
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Philippine
archipelago,
with
all
the
SUGGESTED
ANSWER: ANSWER:
SECOND
ALTERNATIVE
(2)
ALTERNATIVE
marine
scientific
ANSWER:
research;
such
it must
set
upembraced
otherwise
it will be barred.
islands
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waters
therein;
and the
Article
II,
Section
3
of
the preservation
1987
Constitution
can
"People
power"
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recognized
in Pan
the
Constitution.
(3)
the
protection
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of the
and
The
law
is
invalid
that
under
Article
Above
all,
as
held
inconsidering
Froilan
vs.
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waters
around,
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connecting
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be
interpreted
to
mean
that
the
Armed
Forces
of
marine
environment.
XVI,
Section
195of
the 905,
1987by
Constitution,
the
flag
Shipping
Phil.
filing a complaint,
islands
ofCo.,
the
archipelago,
regardless
of their
the
Philippines
can
be
a
legitimate
instrument
for
of
the
Philippines
red,
white,
and
blue,
the
state
ofSection
Indonesia
waived
itspart
immunity
from
breadth
and
dimensions,
form
of the
internal
Article
III,
4shall
ofcivilian
thebe
1987
Constitution
the
overthrow
of
the
government
if it but
has
Flag
State
vs.
Flag
of
Convenience
(2004)
with
a
sun
and
three
stars,
as
consecrated
and
suit.
It
is
not
right
that
it
can
sue
in
the
courts
waters
of
the
Philippines.
guarantees
thethe
right
of theof
people
peaceable
to
ceased
to
be
servant
the
people.
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(2-a-3)
Distinguish:
The
flag
state
and
the
flag
by
the
people
and
recognized
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law.
ithonored
cannot
be
sued.
The
defendant
therefore
assemble
and petition the of
government
for redress
The
1987
the
Philippines:
A
of
convenience.
SUGGESTED
ANSWER:
FLAG
Since
the
Constitution
itself
prescribes
the
acquires
the Constitution
right
to set
a compulsory
Contiguous
Zone
vs.upExclusive
Economic
of
grievances.
Commentary,
2003
ed.,
p.
66.)
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provision
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STATE
means
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has
the nationality
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design,
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only
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counterclaim
it.
Zone (2004)
not
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to the
Philippine
Article
VI,
Section
32
ofbut
the
1987National
Constitution
flag
of
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state
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there
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aPolice,
amendment.
(2-a-2)
Distinguish:
The
contiguous
zone
the
because
it
is
separate
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distinct
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requires
Congress
to
pass
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law
allowing
the the
ALTERNATIVE
ANSWER:
genuine
between
the state
and the ship.
exclusivelink
economic
zone.
SUGGESTED
Armed
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the
(Record
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people
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and
enact
The
lawForces
valid,
that
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new
design
However,
the
Court
ofPhilippines.
Appeals
should
grant
the
ANSWER:
ZONE
alaws
zone
ConstitutionalCONTIGUOUS
Commission, Vol.
V, p. is296,
Manalo v.
(Article
91
of
the
Convention
on
the
Law
of
the
Sea.)
through
initiative
and
to approve
or color
reject
anyupact
does
not
change
the
elements
and
scheme
petition
of
the
Indonesian
government
insofar
as
contiguous
to
the
territorial
sea
and
extends
Sistoza. 312 SCRA 239 [1999].)
orsought
lawnautical
or to
part
of
it the
passed
by
Congress
or
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local
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flag
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miles
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FLAGisOF
CONVENIENCE
refers
to a in
state
with
which a
legislative
body.
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anddeposited
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people.
Indonesia
which
were
the
Philippine
over
which
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coastal
state
may
exercise
Doctrine
of
Incorporation;
Constitutional
Law
vessel is registered
for various reasons
Since
Constitution
National
Bank
andtoFar itself
East states
Bank. that
control
necessary
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No.
suchflag
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understand
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prevent
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1987
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Consent
to Section
the
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Incorporation"
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orthe
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right
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laws
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Law?
subject
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Cases
within
change
itsthrough
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territorial
action.
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33 of
organizations
to
participate
at sea.
alland
levels
of social,
immunity
fromstate.
execution.
(Brownlie,
Principles
of
Materials
on
International
ed.,
1998,
425.)
The
DOCTRINE
INCORPORATION
means
the
Convention
on OF
the Law,
Law
of the
political,
and
economic
decision-making
shall
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Public
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Law,
4th5th
ed.,
p. Sea.)
344.) p.
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Principle
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Civilian
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shall,
by part
law, of the
Dexter
Carpenter
vs.
Kunglig
Territory
& Government
(1996)
The
EXCLUSIVE
isaction
athezone
law
2.
What
of
the
Constitutional
land ECONOMIC
andFed
provisions
no
institutionalize
is
facilitate
the
establishment
oflegislative
adequate
Jarnvagsstyrelsen,
43
705,
itZONE
was
held
No.
8: Atoto
law
was
passed
dividing
the
extending
up
to 200
nautical
miles
from
required
the
principle
make
ofsued
civilian
them
supremacy?
applicable
(2.5%)
to aPhilippines
country.
consultation
mechanisms.
consent
be
does
not
give consent
to
thethe
into
three
regions
(Luzon,
Visayas,
Mindanao),
SUGGESTED
ANSWER:
baselines
ofofathe
state
over this
which
theand
coastal
state
The
Philippines
follows
doctrine,
because
attachment
property
of a sovereign
Article
XVII, Section
2 independent
of the 1987 Constitution
each
constituting
state
except
on
The
constitutional
provisions
has sovereign
rights
the
purpose
ofstates
exploring
Section
2.following
Article
IIanoffor
the
Constitution
that
government.
provides
that
subject
to the enactment
of an
matters
of
foreign
relations,
defense
and
institutionalize
theadopts
principle
civilian
supremacy:
and Philippines
exploiting,
conserving
and
managing
the
the
theof national
generally
accepted
implementing
law, which
the people
may directly
national
taxation,
are
vested
the
State
from
Suit
(1996)
naturalImmunity
resources,
whether
living
or in
nonliving,
of
principles
of international
law
as part
of
the Central
law of
propose
amendments
to
the
Constitution
through
government.
Is the
law
valid?
Explain.
No.
6; The
Republic
of the
(formerly
1
Civilian
authority
is Balau
at
times
supreme
waters
superjacent
to
theall
seabed
andPalau
of the
the
land.
initiative.
Islands)
and
operated
in Manila
over
the opened
military.
[Article
II, Section
3] antooffice
seabed
and subsoil,
and
with
regard
other
SUGGESTED
engaged
infor
trading
Balau
with
Philippine
Doctrine
of ANSWER:
Incorporation;
Pacta
2
installation
of products
the President,
the Sunt
activitiesThe
the
economic
exploitation
and
The
law
dividing
the (Articles
Philippines
into57 three
Nature
of
the
Constitution:
Constitutional
products.
In
transaction,
theCommander-inlocal
buyer
Servanda
(2000)
highest
civilian
authority,
as
the
exploration
ofone
the
zone.
56 and
of the
regions,
each
constituting
an
independent
PhilX.
Con
87;
People
Power
(1987)
Supremacy
(2004)
complained
that
theLaw
Balau
goods
delivered
himof
No
Philippines
has
become
a member
Chief
ofThe
the
military.
[Article
VII,
Section
18]tostate
Convention
on
the
of the
Sea.)
and
vesting
inTrade
a central
matters
of
(10-a)
BNN
Republic
agovernment
defense
treaty
with
were
substandard
andhas
hethat
sued
the Republic
ofAFP
the
World
Organization
(WTO)
and
3
The
requirement
members
of
the
No. XVIII: The framers of the 1987 Constitution
foreign
relations,
national
defense,
and
national
EVA Federation.
According
to
the
Republic's
Balau,
before
theand
Regional
Trial
Court
of
Pasig,
resultantly
agreed
that
it
"shall
ensure
the
swear
to
uphold
defend
the
Constitution,
which
and the people who ratified it made sure that
taxation,
isofunconstitutional.
Secretary
Defense,
the
treaty
allows
temporary
for
damages.
a) How
the
Republic
of
Balau
Exclusive
Economic
Zone;
Rights
of the
conformity
of
its
regulations
and
is
the
fundamental
lawcan
oflaws,
the
civil
government.
provisions
institutionalizing
people
power were
basing its
of
friendly
foreign
troops
initscase
ofb)training
invoke
sovereign
immunity?
Explain.
Will as
Coastal
State
(1994)
administrative
[Article
XVI,
Section
procedures
5(1)]
with
obligations
incorporated
in Article
the fundamental
law, Briefly
First,
it The
violates
I, immunity
which
guarantees
the
exercises
for
the
war
on terrorism.
The
Majority
such
defense
of sovereign
prosper?
provided
4
in
requirement
annexed
that
Agreements."
members
of the
This
AFP
is
discuss
at
least
two
such
provisions.
No.
11:
In
the
desire
to
improve
the fishing
integrity
theSenate
national
territoryrights
of the
Leader
ofofthe
that
whether
Explain.
shall
have
respect
for contends
people's
in Philippines
the
assailed
as
unconstitutional
because
this
methods
of divided
the fishermen,
the Bureau
of
because
itor
the [Article
Philippines
intoimpairs
three
SUGGESTED
ANSWER:
temporary
not,
theduty.
basing
of foreign
troops
performance
of
their
XVI, and
Section
undertaking
unduly
limits,
restricts
Fisheries,
with
the
approval
of
the
President,
states.
SUGGESTED
ANSWER:
however friendly
is prohibited
by the among
Constitution
5(2)]
Philippine
sovereignty
means
others
Art. VI, Sec.
while and
vesting
in Congress
the
entered
into a1, of
memorandum
of
agreement
to
A)
The
Republic
Balau
can
invoke
its
sovereign
of BNN
which provides
that,
"No
foreign
military
5
Professionalism
in
the
armed
forces.
that
Congress
could
not
pass
legislation
that
will
legislative
power,
nonetheless
states
that
such
allow
Thai
fishermen
to
fish
within
200
miles
from
Second,
itfor
violates
Section
1,
Article
of the
Immunity
by
filing
a national
motion
tointerest
dismiss
in InIIgeneral
bases
shall
be
allowed
in BNN
territory."
case
[Article
XVI,
Section
5(3)]
be
good
our
and
conferment
of
power
shallon
be
subject
to that
the
the
Philippine
sea
coasts
thethe
condition
Constitution,
which
provides
for
establishment
accordance
with
Section
l(a),
Rule
16
of
the
there
is
indeed
an
irreconcilable
conflict
between
6
Insulation
of
the
AFP
from
partisan
politics.
welfare
if such
legislation
will not
conform
with by
the
reservation
made
in
favor
of
the
people
Filipino
fishermen
be
allowed
to
use
Thai
fishing
of
democratic
and
republic
replacing
it
Rules
ofXVI,
Court
on
the
ground
that
theby
court
has
a
provision
ofSection
the
treaty
and
aStates
provision
of
the
[Article
5(3)]
WTO
Agreements.
Refute
this
argument.
(5%)
provisions
on
initiatives
and
referendum.
this
equipment
and
vessels,
and
learn For
modern
with
three
States
as
ato
confederation.
no
jurisdiction
its person.
Constitution,
inover
a organized
jurisdiction
and
legal system
like
7
Prohibition
against
the
appointment
of
an
purpose, Congress
is canning.
required, as early as
technology
in fishing and
SUGGESTED
ours,
which should
the provision
of the
AFP
member
inANSWER:
theprevail:
active
civilian
possible,
to provide
for a service
systemtoofa initiative
of
According
to
the
Holy
See
vs.
Rosario,
238
SCRA
to
Tanada
v.
Angara,
272
SCRA
18
1)
Is
the
agreement
valid?
treaty
or
of
the
Constitution?
Why?
Explain
with
position.
[Article
XVI, Section
5(4)] can directly
referendum
whereby
the
people
Third,
violates
Section
22,the
Article
IIwithout
of the
524,
in itPublic
International
Law,
a State
(1997),
the
sovereignty
of
Philippines
is
reasons,
briefly.
(5%)
SUGGESTED
ANSWER:
In
8
Compulsory
retirement
ofwhen
officers
propose
and enact
laws
or approve
or reject
an
SUGGESTED
ANSWER:
Constitution,
which,
while
recognizing
and
wishes
to
plead
sovereign
immunity
in
a
foreign
subject
to
restriction
by
its
membership
in
the
case of conflict
between
a provision
of treaty
extension
of service.
[Article
XVI, by
Section
5(5)]
act
or law
part thereof
passed
the the
Congress
1)
No.
theorPresident
cannot
authorize
Bureau
promoting
the
rights
oflimitations
indigenous
cultural
court,
requests
Office
of
the
State
family
ofRequirement
nations
and
the
imposed
of
and a itprovision
ofthe
theForeign
Constitution,
the
provision
9
of
proportional
recruitment
or
the
legislative
bodies
after
the
registration
of
aof
of
Fisheries
to
enter
into
a
memorandum
communities,
provides
for
national
unity
and
where
itlimitations.
is being
sued
to
convey
toSection
theavoid
court
that
treaty
Section
2.
Article
II 5(2)(a),
of
theit
of theallConstitution
should
prevail.
from
provinces
and
cities,
so
as
to
any
petition
therefor,
signed
by
at
least
10%
of
the
agreement
allowing
Thai
fishermen
to
fish
within
development.
is
entitled
toofimmunity.
In
thewithin
Philippines,
the[Article
Constitution
adopts
the
generally
accepted
Article
regional
VIII
clique
the
from
1987
forming
Constitution
the
authorizes
AFP.
the
total exclusive
number ofeconomic
registeredzone
voters,
every
the
of of
thewhich
Philippines,
practice
is
for
the
foreign
government
to
first
principles
ofofinternational
lawit as
part ofwith
the the
law of
nullification
XVI,
Section
5(7)]
a treaty when
conflicts
legislative
district
must
be represented
by
least
because
the
Constitution
reserves
toXatof
Filipino
Fourth,
violates
Section
Article
secure
an
executive
endorsement
ofisits
ofthe
the
land.
One
of
such
sunt
10
Ait 3-year
limitation
on 15,
the tour
ofpacta
duty
of
the
Constitution.
(Gonzales
v.principles
Hechanova,
9claim
SCRA
3%
of
the
registered
voters.
(Id.,
sec.
32)
The
citizens
the
use
and
enjoyment
of
the
exclusive
Constitution,
which,
provides
for
autonomous
sovereign
immunity.
In
some cases,
theenvision
defense
servanda.
Thewhich
Constitution
did not
a
Chief
of Staff,
although
extendible
in case of
230 [1963]).
Constitution
also
that
through
initiative,
economic
of provides
the Philippines.
regions
in zone
Muslim
and
infrom
theon
Cordilleras
of
sovereign
immunity
directly
theof
hermit-like
isolation
of is
thesubmitted
country
the to
rest
emergency
by
the Mindanao
President,
depends
upon
athepetition
of atof least
12%sovereignty
of the total
within
framework
national
local
court
by
the
foreign
government
through
the world.
Congressional
declaration
of emergency.
[Articleas
numbers
of
registered
voters,
of
which
every
well
as
territorial
integrity
of
the
Republic
of
the
Section
2.
of the
provides:
counsel
by Article
filing
motion
to Constitution
dismiss on the
XVI,
Section
5(6)]aXII
legislative
district
must
be
represented
by
at
least
Philippines.
The State
Freedom
from
protect
Nuclear
Weapons;
marine
Foreign
part
ground
thatshall
the court
hasthe
nonation's
Jurisdiction
over
its in
3%
of the registered
voters therein,
Government
Presidential
vs.amendments
Parliaits archipelagic
Military
Bases
(1988)
waters, Form
territorial
sea, and
person.
to
theitConstitution
be directly
proposed
by
Fifth,
the may
sovereignty
ofhad
the
Republic
mentary
Form
(Q6-2006)
No.
22: violates
The
Secretary
of Justice
recently
ruled
exclusive
economic
zone,
and reserve
its
use and
the
people.
of
the
Philippines.
1.
a)the
What
the principal
identifying
of
b)
No,
the
defense
of
sovereign
Immunity
will not
that
President
may
negotiate
for feature
a modification
enjoyment
toisFilipino
citizens."
a
presidential
form
of
government?
Explain.
prosper.
The sale
ofof
Balau
products
is that
a contract
or
of military
bases
agreement
Theextension
establishment
police
force
iswith
not the
Section
7,
Article
XIII
ofathat
the
Constitution
provides:
Territorial
vs.
Internal
Waters
(2004)
(2.5%)
Art,
XIII,
sec.
15character
states
the
state
shall
respect
involving
a Sea
commercial
activity.
United
States
vs.
United
States
regardless
ofIn
the
"no
nukes"
only
civilian
in
but
also
under
the
local
"The
State
shallANSWER:
protect
the
rightsorganization
of subsistence
(2-a-1)
Distinguish:
The
territorial
sea
and
SUGGESTED
the
role
of independent
to
Ruiz,
136SCRA487
andpeople's
United States
vs. the
Guinto,
provisions
in[Article
the 1987
Constitution.
The
President
executives.
XVI,
Section
5(7)]
fishermen,
especially
ofand
local
communities,
to the
internal
waters
of
Philippines.
SUGGESTED
The
principal
identifying
feature
ofa
athe
presidential
enable
them
to
pursue
protect,
within
the
182
SCRA
644,
it the
wasthat
stated
that
foreign
State
forthwith
announced
she
finds
same
opinion
preferential
use
of
the
communal
marine
and
ANSWER:
TERRITORIAL
SEA
isinifan
adjacent
form
ofImmunity
government
embodied
separation
democratic
framework,
their
legitimate
and
cannot
invoke
Immunity
from
itthe
enters
into
"acceptable"
and
willis adopt
it.suit
The
Senators
onathe
State
from
Suit
(1991)
fishing
resources,
both
inland
offshore.
It shall
belt
of sea
with
a breadth
of
12and
nautical
of
powers
doctrine.
Each
department
ofofmiles
collective
interests
and
aspirations
through
commercial
contract.
The
Philippines
adheres
to are
other
hand,
led
by
the
Senate
President,
No.
13;
In
February
1990,
the
Ministry
the
provide
support
to such
fishermen
through
measured
from
the
baselines
ofgranted
a state
over
government
exercises
powers
toand
it by
the or
peaceful
lawful
means.
For
this
purpose,
the
RESTRICTIVE
SOVEREIGN
IMMUNITY.
skeptical,
and
had
even
warned
that
no
treaty
Army.
Republic
of
Indonesia,
invited
bids
for
the
appropriate
technology
and
research,
adequate
which
state
has
sovereignty.
(Articles
2with
and
3
Constitution
and
may
not
control,
interfere
or
guarantees
to
such
the
international
agreement
may
goorganizations
into
effect
without
supplythe
of production,
500,000
pairs
of
combat
boots
for
the
financial,
and
marketing
assistance,
of
the
Convention
on
the
Law
of
the
Sea.)
Ship
of
encroach
upon
the
doneThe
within
right
tothe
participate
all
levels
of social,
political
the
ofatacts
two-thirds
all the
members
use concurrence
of
Indonesian
Army.
Marikina
Shoeof the
and
other
services.
The
State
shall
also
protect,
all
states
enjoy
the
right
ofcorporation,
innocent
passage
constitutional
competence
of
the
others.
However,
and
economic
decision-making
and
the
state
is
State
Immunity
from
Suit
(1989)
Senate.
Corporation,
a
Philippine
which
develop,
and
conserve
such
resources.
The has
the
Constitution
also
gives
each
department
certain
required
validate
the
No.
13: Atoproperty
owner
filed
an
action
directly
no
branch
office
and
no
assets
in
Indonesia,
protection
shall extend
to offshore fishing grounds
powers
in
court by
against
Republic
of thepairs
Philippines
submitted
awhich
bid the
toitsupply
500,000
of
of

SUGGESTED ANSWER:
(1) No, the government cannot invoke the doctrine
of state of immunity from suit. As held in Ministerio
vs. Court of First Instance of Cebu, 40 SCRA 464,
when the government expropriates property for
public use without paying just compensation, it
cannot invoke its immunity from the suit.
Otherwise, the right guaranteed in Section 9,
Article III of the 1987 Constitution that private
property shall not be taken for public use without
just compensation will be rendered nugatory.
(2) No, the owner cannot garnish public funds to
satisfy his claim for payment, Section 7 of Act No.
3083 prohibits execution upon any judgment
against the government. As held in Republic vs.
Palacio, 23 SCRA 899, even if the government
may be sued, it does not follow that its properties
may be seized under execution.
ALTERNATIVE ANSWER:
(2) No, funds of the government on deposit in
the bank cannot be garnished for two reasons:
1
Under Art. II, Sec. 29 (1) public funds cannot be
spent except in pursuance of an appropriation made by
law, and
2
essential public services will be impaired if funds
of the government were subject to execution,
(Commissioner of Public Highways vs. San Diego, 31
SCRA 616 (1970)). The remedy of the prevailing party is
to have the judgment credit in his favor included in the
general appropriations law for the next year.

consider
No,
prove
the
thatNorthern
these
the State
rights
Luzon
isinliable
theIrrigation
formulation
but the Authority
State
of retains
may
the
national
plans
to raise
allpolicies."
lawful defenses.
not right
invoke
theand
immunity
of the State from suit,
because, as held in Fontanilla vs. Maliaman, 179
State
Immunity
Suit
e)
17,from
Article
II(1993)
of
theirrigation
Constitution
SCRASection
685 and
194
SCRA
486,
is a
No
19: Devi
is the
owner
aNorthern
piece
ofLuzon
land.
provides:
"The
State
shallof
priority
to
proprietary
function.
Besides,
thegive
Without
expropriation
negotiated
sale, the
EDUCATION,
SCIENCE
and
TECHNOLOGY,
Irrigationprior
Authority
has aor
juridical
personality
national
portion
thereof
for
the
ARTS,
CULTURE,
and athe
SPORTS
to foster
separategovernment
and distinct used
from
government,
a suit
widening
thea nationalism,
national
highway.
Devi
filed
patriotism
accelerate
social
against it isofand
not
suit
against
the
State.
Since
thea
money
with
the Commission
on
Audit
which
progress,
promote
total from
human
liberation
and
waiver claim
ofand
the
immunity
suit
is without
was
denied. Left
with no
filed
development."
qualification,
as held
in other
Rayo recourse,
vs. CourtDevi
of First
a
complaint
for recovery
of 456,
property
and/or
Instance
of Bulacan,
110 SCRA
the waiver
Section
Article based
XII of
theaConstitution
in
damages
the
Secretary
of Publicreads
Works
includes 14,
anagainst
action
on
quasi-delict.
part:
"The sustained
development
a reservoir
of
and Highways
and the
Republic ofofthe
Philippines,
NATIONAL
TALENTS
of Filipino
The defendant
moved consisting
for dismissal
of the
State Immunity
from Suit
(1999)
scientists,
entrepreneurs,
professionals,
complaint
contending
that the
government
cannot
A. 1.)
What
do
you
by state
managers,
high-level
technical
manpower
and
be
sued
without
itsunderstand
consent.
The
RTC immunity
dismissed
fromcomplaint.
suit?
Explain.
skilled
workers
and(2%)
craftsmen
beyou
promoted
the
On
appeal,
howshall
would
decide
2.) How
consent
stateshall
to be sued
be
by
the may
State,
Theof the
State
encourage
the
case.
given? Explain.
(2%) SUGGESTED
ANSWER:
appropriate
technology
and regulate
Its transfer
SUGGESTED
ANSWER:
1.) the
STATE
IMMUNITY
for
national
benefit.FROM SUIT means that
The
ordercannot
dismissing
complaint
shouldA be
the State
be suedthe
without
its consent.
Sub-section
2, principle
Section
3.that
Article
of the
reversed.
Ministerio
v. Court
ofproperties
FirstXIV
Instance
of
corollary ofInsuch
is
used
Constitution
Cebu,
40 SCRA
it"They
was held
by the State
in states:
the464,
performance
of(EDUCATIONAL
itsthat when the
INSTITUTIONS)
shallproperty
inculcate
patriotism
and
government
takes
a toprivate
governmental functions
cannot
befrom
subject
nationalism,
foster
of humanity,
respect for
landowner
withoutlove prior
expropriation
or
judicial execution.
human
rights,
appreciation
of themay
role maintain
of nationala
negotiated
sale,
the landowner
heroes
in the
historical development
of the
suit against
the government
without violating
the
2.) Consent
of the State
be duties
sued may
be
made
country,
teach
rights to
and
of citizenship,
doctrine
of government
Immunity
from
suit.
The
expressly
asethical
in theand
case
of a specific,
strengthen
values,
develop
government
should
be spiritual
deemed
to haveexpress
waived
provision
of
law
as
waiver
of
State
immunity
from
moral
and
discipline,
impliedly character
its immunity
frompersonal
suit. Otherwise,
the
suit
is
not
inferred
lightly
(e.g.
C.A.
327
as
amended
encourage
critical
and creative
thinking,
broaden
constitutional
guarantee
that private
property
shall
by
impliedly
when
the State
scientific
andor technological
knowledge,
and
not PDbe1445}
taken
for publicas use
without
just
engages vocational
in proprietary
functionsnugatory.
(U.S.
promote
efficiency."
compensation
will be
rendered
v. Ruiz, U.S. v. Guinto) or when it files a suit in which
case the10.
Section
adverse
Article XIV
partyofmay
the Constitution
file a counterclaim
declares:
State
Principles
&
Policies
(1994)
"SCIENCE
(Froilan
v. Panand
Oriental
TECHNOLOGY
Shipping) or when
are the
essential
doctrinefor
No.
1; in
What
is the
policy
on: The
would
national
development
effect
be state
used
and
to progress.
perpetuate
an State
injustice
shall
a) working
ecology? and development,
give
priority
to 43b)
research
(Amigable
v. women?
Cuenca,
SCRA
c)
the 360).
symbols
of statehood?
d) utilization; and to
invention,
innovation,
and their
cultural minorities?
e) science and
science
and technology
education, training,
State
Immunity
Suit indigenous,
(1999)
technology?
services.
It shallfrom
support
appropriate,
No
- B. Thescientific
employees
the Philippine
and VI
self-reliant
and of
cultural
capabilities,
Tobacco
sued to productive
recover
and their Administration
application to (PTA)
the country's
overtime
pay.
In
resisting
such
claim,
the
PTA
SUGGESTED
ANSWER:
systems
and national
life."
theorized
that
it
is
performing
governmental
State
Immunity
(1994)
a)
Section
14, from
ArticleSuit
XIII
of the Constitution
functions.
Decide
and
explain.
(2%)
No. 6; Johnny
provides:
"Thewas
State
employed
shall protect
as a driver
WORKING
by the
SUGGESTED
ANSWER:
Municipality
Section
11,
of
Calumpit,
XIV of
the
Bulacan.
Constitution
While provides:
driving
WOMEN
byArticle
providing
safe
and
healthful
working
As
heldCongress
in Philippine
Virginia
Tobacco
"The
may
provide
for itsincentives,
recklessly
conditions,
a taking
municipal
into
dump
account
truck with
their
maternal
load of
Administration
v.
Court
of
Industrial
Relations,
65
sand for the
including
TAX
repair
DEDUCTIONS,
municipal
toand
encourage
streets,
Johnny
private
functions,
and
suchof facilities
opportunities
SCRA
416,
the
Philippine
Tobacco
Administration
participation
in Two
programs
of and
basic
andjeepney
applied
hit awill
that
jeepney.
enhance
theirpassengers
welfare
ofenable
the
them
to
is
not killed.
liable
forfull
overtime
pay,insince
is performing
were
scientific
research.
Scholarships,
grants-in-aid
realize
their
potential
the itservice
of theor
governmental
functions.
Among
its purposes
are to
other
Incentives
shall
be provided
nation."forms of
to
promote
the
effective
merchandising
of
tobacco
The Sangguniang
Bayan passed
an ordinance
deserving
science
students,
researchers,
so
that
those
engaged
inasthe
tobacco
industry
will
b)
Section
16,
Article
IIcompensation
of
the Constitution
appropriating
P300,000
for
the
scientists,
investors,
technologists,
and
specially
have
economic
security,
to
stabilize
the
price
of
provides:
State1)shall
and advance
heirs of
theThe
victims.
Is theprotect
municipality
liable
gifted
citizens."
tobacco,
and
to improve
the
right
of the
people the
andliving
theirand
posterity to a
for the
negligence
of Johnny?
2) Is
the municipal
balanced
and
healthful
ECOLOGY in accord with
ordinance
the
rhythmvalid?
and harmony of nature."

economic
conditions
of those
in thereads:
SUGGESTED
ANSWER:
Section
12,
Article
XIV
of theengaged
Constitution
tobacco
industry.
1) Yes,
c)
Section
the
Municipality
1, Article
of
of the Constitution
is liable
for
The
State
shall
regulateXVII
theCalumpit
transfer
and
promote
provides:
negligence
"The ofFLAG
of
its OF
driver
THE
PHILIPPINES
Under
the
adaptation
technology
fromJohnny.
all sources
for
State
Immunity
from
Suit
(1987)
Section
shall
be
24
red,
of benefit.
the
white,
Local
and
blue,
with Code,
a sunwidest
local
and
the
national
It Government
shall
encourage
(a)
"X"stars,
filed aas
against
the
Republic
of by
the the
government
three
units
consecrated
are
not
exempt
and
honored
from
liability
for
participation
ofcase
private
groups,
local
governments,
Philippines
for
damages
caused
his yacht,
which
death or
people
and
injury
recognized
to persons
by
or
law."
damage
to property.
and
community-based
organizations
in the
was rammed and
by a navy
vessel. of science and
generation
utilization
(b)
"X"
also ANSWER:
sued
case the states:
ALTERNATIVE
Section
2, Article
XVIinofanother
the Constitution
technology."
Secretary
of Public
and
the
of the
No,
the
municipality
is not
foraRepublic
the
The
Congress
may Works
by
law,liable
adopt
newnegligence
name
for
NOTE:
It is suggested
that if anthem,
an
a substantive
Philippines
for
payment
ofexaminee
therule
compensation
of of
of
the
Johnny,
country,
athe
national
prevailing
or gave
ainnational
the
law
seal,
answer without giving the exact provisions of the Constitution,
the value
of
hisbe
land,
which
was
used
partisofnot
municipal
corporations
is
that
a municipality
which
shall
all
truly
reflective
and as
symbolic
of
then he should be given full credit. Further, one provision
tarmac
of
the
Cebu
International
Airport,
liable
the
ideals,
for
the
history,
torts
and
committed
traditions
by
of
the
its
people.
regular
quoted/discussed by the examinee should be sufficient for him
without
prior
expropriation
proceedings.
employees
in
the effect
discharge
of its
governmental
Such
law
shall
take
only
upon
ratification
to
be given
full
credit.
functions.
by
the people
Thein municipality
a national referendum."
is answerable only
Transparency;
of capacity.
Public Interest
when it is acting inMatters
a proprietary
(1989)
The Solicitor General moved to dismiss the two
No.
3:Section
Does the
1987
Constitution
provide
for a
cases
invoking
state
immunity
from
suit
Decide.
d)
22,
Article
II of
the
Constitution
policy
transparency
in matters
public
SUGGESTED
ANSWER:
In
the ofcase
at bar,
Johnny
waspromotes
aof regular
provides:
The
State
recognizes
and
the
interest?
Explain.
(a) The government
cannot be sued
damages
employee
of the INDIGENOUS
Municipality
of for
Calumpit
as
rights
of
CULTURAL
SUGGESTED
ANSWER:
considering
the
agency
which
caused
the
driver
of its that
dump
truck;
he framework
committed
a tortious
COMMUNITIES
within
the
of
national
Yes,
the
Constitution
provides
for
aArt.
policy
damages
was the
Philippine
Navy. Under
act
while
discharging
a governmental
function
for
unity
and 1987
development."
of
transparency
in matters
of consents
public the
interest.
2180
of the Civil Code,
the state
to be
the
municipality,
ie.,
driving
recklessly
said
Section
28,
Article
IIofonly
of
1987
Constitution
sued for
a
quasi-delict
when
the damage
isThe
Section
5,
Article
XII
the
Constitution
truck
loaded
with
sand
for the
the
repair
of reads:
municipal
provides:
causedsubject
by
its special
agents.
Hence,
the
Solicitor
State,
to the provisions
of thisas
Constitution
streets.
Undoubtedly
then, Johnny
driver
of
1
"Subject
to
reasonable
conditions
General's
motion
should
bepolicies
granted
and
the
and
national
development
the
dump
truck
was
performing
a and
dutyprograms,
or suit
task
prescribed
the
StateofThe
adopts
and implements
brought
by by
"X"
be
shall
protect
the
rights
indigenous
cultural
pertaining
to law,
hisdismissed.
office.
construction
or
a
policy
of
full
disclosure
of
all
its
transactions
communities
to
their
ancestral
lands
to
ensure
maintenance of public streets are admittedly
involving
public activities.
interest,"
their
economic,
social and cultural
governmental
At the well-being.
time of the
2
Section
7,
Article
III
of theinINVOKE
1987
(b)
But
the
government
CANNOT
the
accident, Johnny was engaged
the Constitution
discharge
states:
"The
right
of
the
people
to
information
on
state's
immunity
from
suit.
As
held
in
Ministerio
of governmental functions.
matters
of
concern
shall
be
v. Court
of public
Firstmay
Instance.
40
SCRA
464 (1971), of
The
Congress
provide
for
therecognized,
applicability
Access
to
and passengers
to private
documents,
which also
involved
of
property
Hence,
customary
theofficial
death
laws records,
governing
ofthe
thetaking
two
property
rights
of and
theor
papers
pertaining
to
official
acts,
transactions,
or
without
the
benefit
of
expropriation
proceeding,
jeepney
-tragic
and
deplorable
though
it
may
be
relations in determining the ownership and extent
decisions,
as
well
as
to
government
research
data
"The
doctrine
of
governmental
immunity
from
suit
-of
imposed
on
the
municipality
no
duty
to
pay
the ancestral domains."
used
asserve
basis
foran
policy
development,
shall be an
cannot
as
instrument
for perpetrating
monetary
compensation,
as held
in Municipality
afforded
the
citizen,
subject
to
such
limitations
as
injustice
onArt.
a citizen.
.the
. . When
the government
Section
6,
XIIIv.ofFirme,
Constitution
provides:
The
of
San. Fernando
195 SCRA
692.
may
be
provided
by
law."
takes any
property
use, which
is
State
shall
apply for
thepublic
principles
of AGRARIAN
3
Section
20,
ofofthe
State
conditional
Immunity
upon
from
theArticle
payment
SuitVI
(1992)
just1987
REFORM
or
stewardship,
whenever
applicable in
Constitution
reads:
"The
records
and books
No.
compensation,
9: The with
Northern
tolaw,
be judicially
ascertained,
Irrigation
itof
accordance
inLuzon
the disposition
orAuthority
utilization
account
of
the
Congress
shall
be
preserved
and
be
makes
manifest
that
it submits
to the jurisdiction
(NLIA)
established
by a including
legislative
charter
of
otherwas
natural
resources,
lands
of to
the
open
to
the
public
in
accordance
with
law,
and
such
of the court."
The
Solicitor
motion
to
strengthen
the
irrigation
systems
that supply
public
domain
under
leaseGeneral's
or concession
suitable
books
shall
be audited
by
Commission
on
dismiss
therefore,
be
denied.
water
toshould,
farms
and commercial
growers
in Audit
the
to
agriculture,
subject
to the
prior
rights,
homestead
which
shall
publish
annually
an
itemized
list
of
area. ofWhile
NLIA
generate
rights
small the
settlers,
andistheable
rightstoof indigenous
amounts
anditsancestral
expenses
incurred
for eachan
revenuespaid
through
operations,
it receives
communities
tototheir
lands.
member."
State Immunity
vs. Waiver
of Immunity
annual
appropriation
from Congress.
The (1997)
NLIA is
4
Under
17, Article
of the 1987
authorized
to Section
"exercise
all theXI powers
of a
Constitution,
the sworn
statement
of
assets,by the
No, 6: It is under
said
that
of immunity
corporation
the "waiver
Corporation
Code."
liabilities
and
net
wortha landless
of
the President,
ViceThe
StateState
does
may
not
resettle
mean
concession
farmers
of itsthe
and
liability".
farm
President,
the
Members
of
the
Cabinet,
the
Due
to inthe
aits implications
miscalculation
byphrase?
some
its
workers
What are
own
agricultural
of this
estates
whichofshall
Congress,
thethere
Supreme
the Constitutional
employees,
massive
irrigation
be
distributed
to
themwas
inCourt,
thea manner
provided
by
Commission
and
other
offices,
andA
overflow
SUGGESTED
causing
ANSWER:
a flashconstitutional
flood in Barrio
Zanjera.
law."
officers
of
the
The phrase
thatinwaiver
of immunity
the State
child
drowned
the incident
and hisbyparents
now
does
notagainst
mean
a concession
of liability means
Section
17.
Article
XIV
of the
Constitution
states:
file
suit
The
NLIA
for damages.
that by
consenting
to be sued,
the State
does not
"The
State
shall recognize,
respect
and protect
May
the NLIA
validly
thestated
immunity
the
necessarily
it is invoke
liable.
As
in of to
the
rights
of admit
indigenous
cultural
communities
State
fromand
suit?
Discuss
thoroughly.
Philippine
Rock
Industries,
Inc.
vs. Board
of
preserve
develop
their
cultures,
traditions,
SUGGESTED
ANSWER:
Liquidators,
180
and
institutions.
ItSCRA
shall 171, in such a case the
State is merely giving the plaintiff a chance to

armed forces with general or flag rank filed


upon their assumption of office shall be
disclosed to the public in the manner provided
by law.
1
Section 21, Article XII of the Constitution
declares: "Information on foreign loans obtained or
guaranteed by the government shall be made available
to the public."
2
As held in Valmonte vs. Belmonte, G.R. No.
74930, Feb. 13, 1989, these provisions on public
disclosures are intended to enhance the role of the
citizenry in governmental decision-making as well as in
checking abuse in government.

Transparency; Matters of Public Interest


(2000)
No V. State at least three constitutional provisions
reflecting the State policy on transparency in
matters of public interest. What is the purpose of
said policy? (5%)
SUGGESTED ANSWER:
The following are the constitutional provisions
reflecting the State policy on transparency in
matters of public interest:
1. "Subject to reasonable conditions prescribed
by law, the State adopts and Implements a policy
of full public disclosure of all its transactions
involving public interest." (Section 28, Article II)
2. The right of the people to information on
matters of public concern shall be recognized.
Access to official records, and to documents, and
papers pertaining to official acts, transactions, or
decisions, as well as to government research data
used as basis for policy development, shall be
afforded to citizen, subject to such limitations as
may be provided by law." (Section 7, Article III)
3. The records and books of accounts of the
Congress shall be preserved and be open to the
public in accordance with law, and such books
shall be audited by the Commission on Audit
which shall publish annually an itemized list of
amounts paid to and expenses incurred for each
Member." (Section 20. Article VI)
4. The Office of the Ombudsman shall have the
following powers, functions, and duties: XXX
XXX

5. "A public officer or employee shall, upon


assumption of office, and as often as thereafter
may be required by law, submit a declaration under
oath of his assets, liabilities, and net worth. In the
case of the President, the Vice President, the
Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional Commissions
and other constitutional offices, and officers of the
armed forces with general or flag rank, the
declaration shall be disclosed to the public in the
manner provided by law." (Section 17, Article XI)
6. "Information on foreign loans obtained or
guaranteed by the Government shall be made
available to the public." (Section 21 Article XII)
As explained In Valmonte v. Belmonte,
170 SCRA 256 (1989), the purpose of the
policy is to protect the people from abuse
of governmental power. If access to
information of public concern is denied,
the postulate "public office is a public
trust" would be mere empty words. {Note:
The examinee should be given full credit if
he gives any three of the abovementioned provisions.}

ARTICLE III Bill of Rights


Bill of Attainder (1987)
No. XI: Congress passed a law relating to
officials and employees who had served in the
Government for the period from September 21,
1972 up to February 25, 1986.
(a)
One provision of the law declared all
officials from the rank of assistant head of a
department, bureau, office or agency "Unfit" for
continued service in the government and declared
their respective positions vacant.
(b)
Another provision required all the other
officials and employees to take an oath of loyalty
to the flag and government as a condition for
their continued employment. Are the two
provisions valid? Why?

(6) Publicize matters covered by its


investigation when circumstances so
warrant and with due prudence," (Section
12, Article XI)

Told
-Ikaw
karapatan
rin
kumuha
ng
18-year
be
1)
No,
invoked
the
identification
because
girl,ayamay
neighbor.
under
of Danny,
the
Hepa
Freedom
went
a private
to the police
serbisyo
ng
isang
abogado
para
makatulong
Constitution
person,
station
aby
week
ansuch
eyewitness
later
power
and presented
can
during
be exercised
thehimself
line-up
only
to the
by
mo sa imbestigasyong ito at kung wala kang
the President
cannot
desk
sergeant.
be
excluded
and
Coincidentally,
only
in evidence.
up to February
theInrape
accordance
25,
victim
1987.
makuha, ikaw ay aming bibigyan ng libreng
Sincein
with
was
the
the
the
ruling
law
premises
under
in ano
People
question
executing
vs.ang
Hatton,
was
an extrajudicial
presumably
210 SCRA"S
1,
abogado,
ngayon
iyong
masasabi?"
passed
the
statement.
accused
Johann,
is
February
notnaman
entitled
along
25,
1987
to
besix
and
assisted
by Congress,
-after
Nandiyan
powith
si Fiscal
(point
toby
(6)
suspects,
were
placed
in a police
lineup
it isother
counsel
unconstitutional.
during
aFiscal
police
line-up,
because
is
notko
Assistant
Aniceto
Malaputo)
kayait hindi
na
part the
and
of custodial
girlkinakailanganang
pointed
investigation.
to him abogado."
as the rapist. Johann
(b) With
respect
to theup provision
requiring
was
arrested
and locked
in a cell. Johann
wasthe
During
the
trial.
Jose
Walangtakot
repudiated
his
ALTERNATIVE
ANSWER;
loyalty test,
loyalty
a general
charged
with
rape
inas
court
but priorrule
to is a relevant
confession
contending
ittowas
made
without
Yes,
in United
v. Wade,
338 U.S.
218
consideration
inStates
assessing
employees'
fitness.
arraignment
invoked
histhat
right
preliminary
the
assistance
of v. denied
counsel
and
therefore
(1967)
andtheGilbert
California,
338
U.S.
263 a
However,
requirement
in bythis
case
isand
not
investigation.
This
was
the
judge,
Inadmissible
evidence.
Decide.
(1967).
itrequirement
wasinheld
that
theprosecution
basis
the Sixth,
general
buton
singles
out of"martial
law"
thus,
trial
proceeded.
After
the
SUGGESTED
ANSWER:
rather
thanseveral
the
Fifth
Amendment
(equivalent
employees
and
therefore
isJohann
administered
presented
witnesses,
through into a
The
Jose
Walangtakot
is a
Art.
III,confession
Sec.
14
(2) of
rather
Sec.filed
12(1)),
the
discriminatory
manner.
Loyalty,
therefore,
counsel,
invoked
the
right
to than
bail and
a while
inadmissible
in
evidence.
Thestage
warning
police
line-up
is which
such
awas
critical
that itgiven
carries
relevant
consideration
in other
circumstances,
motion
therefor,
denied
outright
by
thetois
him
insufficient
accordance
with
the ruling
in
"potential
substantial
prejudice"
for
which
reason
beingis employed
ininthis
case
for an
Judge.
Johann
now
files
a petition
forunconstitutional
certiorari
People
v. Duero,
SCRA
379,
should
have
the
accused
is of104
entitled
to
the heassistance
of
purpose.
before
the
Court
Appeals
arguing
that:
2) He
been
warned
also informed
that he has
theright
righttoto
Counsel.
should
have been
of his
beremain
silent and that
any statement
may be
represented
by counsel
prior to he
his makes
identification
used
evidence
against
him.his
Besides,
undertoArt.
BillNo.
ofasAttainder
(1990)
2)
Danny
cannot
ask
that
confession
a
via
the
police
line
up.
Decide.
III,
12(1)
ofOrders
the should
Constitution,
counsel
No. Sec.
newspaper
1; Executive
reporter
Nos. 1beandexcluded
2theissued
in
by
assisting
person
investigated
must220
be
SUGGESTED
ANSWER:
President aAsCorazon
C. Aquino
created
the
evidence.
held
in being
People
vs. Bernardo,
independent.
Assistant
Fiscal
Aniceto
2}
Pursuant
toCommission
the an
decision
in People
Presidential
SCRA
31, such
admission
on
Good
wasus.
Government
notMalaputo
made
could
not
assist
Jose
Walangtakot.
held
in
Castmillo.
213.
SCRA
777,
Johann
need
not
beany
(PCGG)
and
empowered
it to but
sequester
during
a custodial
interrogation
a As
voluntary
People
Viduya,
histofunction
is to
informed
of
his right
to SCRA
counsel
prior
his wealth
propertyv.shown
statement
made
prima
to189
the
facie
media.
to403,
be
ill-gotten
prosecute
To line-up.
allow
actand
as
identification
during cases.
theMarcos,
police
Thetopolice
of the latecriminal
President
his him
relatives
defense
counsel
custodial
investigations
Custodial
Investigation;
Police
Line-Up
(1997)
line-up
not
part ofduring
custodial
since
cronies.is Executive
Order
No.investigation,
14
vests
on
the
would
render
nugatory
the constitutional
of
Johann
was not
being
questioned
was rights
merely
Sandiganbayan
jurisdiction
to trybut
hidden
wealth
the
accused
during
custodial
investigation.
What
No.
10:
A,
while
on
board
a
passenger
jeep
one
being
asked
to
exhibit
his
body
for
identification
by
cases. On April 14, 1986, after an investigation,
the
Constitution
requires
is the
a ofcounsel
who
night,
was heldsequestered
up
by a group
three
a witness.
PCGG
assetsteenagers
of will
X
effectively
undertake
the
defense
of
his
client
ALTERNATIVE
ANSWER
who
forcibly
divested
her
of
her
watch,
necklace
Corporation, Inc.
without
conflict
interest.
The
answer
of
(1)may
Xwallet
Corporation,
Inc.of
claimed
that
President
It
beany
argued
that
in
United
States
vs.
Wade.
and
containing
P100.00.
That
done,
the trio
Jose
Walangtakot
indicates
that
he
did
not
fully
Aquino,
as
President,
could
not
lawfully
issue
388
U.S.
218
(1967)
and
Gilbert
vs.
California.
jumped off the passenger jeep and fled. B, the
understand
his
rights.
Hence,
itthat
cannot
be
said
Executive
Orders
Nos.
1,
2 held
and 14,
which
have
388
263
(1967)
It was
on
basis
jeep U.S.
driver,
and
A complained
to
thethe
police
to
that
he
knowingly
and
intelligently
waived
those
the
force
of
law,
on
the
ground
that
legislation
is
of
the Sixth,
the Fifth Amendment
whom
they rather
gavethan
description
of the culprits.
rights.
a
function of
Decide.
(equivalent
toCongress.
Art. jeep
III. sec.
14 (2)
sec. to
According
to
the
driver,
herather
wouldthan
be able
12
(1)), the
lineup
such a "critical
stage"
identify
thepolice
culprits
if is
presented
to him.
Next
(2) Said
corporation
also questioned
that
it carries
"potential
prejudice"
for
morning
A and
B weresubstantial
summoned
to the the
police
Custodial
to
Counsel
validityreason
of
theInvestigation;
three
executive
orders
on
the
which
the
entitled
to the
station
where
fiveaccused
personsis Right
were
lined
up before
(2000)
ground
are bills
of attainder
and, identified
assistance
ofthey
counsel.
them
forthat
identification.
A and
B positively
No
XI.
October
1, 1985,
Ramos
arrested
therefore,
Decide.
C
andOnDunconstitutional.
as the
culprits.
Afterwaspreliminary
by
a
security
guard
because
he
appeared
be
SUGGESTED
Custodial
Investigation;
ANSWER:
Rights
investigation.
C
and D and
one (1990)
John Doetowere
"suspicious"
and
brought
to
a
police
precinct
(1) Executive
Orders
Nos.in1, 2
14 under
were a filed
No.
9; Some
operatives,
acting
charged
withpolice
robbery
anand
information
where
theinwarrant
course
of
the
investigation
he
issued inin
1986.
At
that C
time
President
lawfully
issued
for
the
of
against
them
court.
and
Dpurpose
set
up,Corazon
in defense,
admitted
he
was
the
killer
in
an
unsolved
Aquino
exercised
legislative
searching
for firearms
inapprehension,
the power
House ....
of Xarrest
locatedand
at
the
illegality
of their
homicide
committed
aPasig,
week
Theof
No.
10 Shaw
Boulevard,
Metroearlier.
Manila,
confinement
based
on the
identification
made
proceedings
ofofB firearms,
his
investigation
were
put they
in
(2) Executive
1,
and 14
found,
instead
ten2line-up
kilograms
ofnot
them
by
A andOrders
at aNos.
police
atare
which
writing
and
dated
October
1,
1985,
and
the
only
bills ofnot
attainder.
A bill
attainder How
is a legislative
cocaine.
were
assisted
byofcounsel.
would you
participation
of counsel
assigned
him
was
his
act which
(1)
May
the
said
punishment
police
lawfully
trial.
resolve
theinflicts
issues
raised
byoperatives
Cwithout
and to
D?judicial
mere
presence
and
signature
on
the
statement.
Accordingly,
seize
the cocaine?
it was held
Explain
in Bataan
your answer.
Shipyards and
The
admissibility
of theInc.
statement
of the
Ramos
was
(2)
May X
successfully
challenge
legality
Engineering
company.
v.
Presidential
placed
in issue
but ground
the
prosecution
claims that
SUGGESTED
of
the search
on
ANSWER:
the
that the that
peace
Commission
on
Good
Government,
the
confession
taken
October
1,not
1985
The
officers
arguments
didOrders
not was
inform
of Nos.
the
accused
him
about
are
hisuntenable.
right
tobillsand
As
Executive
1, 2on
and
14
are
of
the
1987
Constitution
providing
for
the
held
remain
in People
silent
and
vs.his
Acot,
right
232
tonot
SCRA
counsel?
406,
Explain
theright to
attainder,
because
they
do
inflict
any
counsel
of choice
and
opportunity
to retain,
took
warrantless
your
answer.
arrest
accused
robbers
Immediately
punishment.
On theof
contrary,
they
expressly
effect
only
on
2,that
1987
cannot
(3)
Suppose
the peace
officers
were
able tobe
after
their
commission
of the
crime
by
police
provide
that
anyFebruary
judgment
the and
property
given
retroactive
effect.
Rule
on
this.
(3%)
find
unlicensed
firearms
in
theon
house
in
anof the
officers
sent to
for them
the
sequestered
is look
ill-gotten
wealth
is
to basis
be
made
by
adjacent
lot,related
that is.by
No,
12victims
Shaw
information
the
a court (the
Sandiganbayan)
only is
after trial.

SUGGESTED
valid
under Section
ANSWER:
5(b).Rule 113 of the Rules on
Custodial
Investigation;
Extrajudicial
Criminal
The
confession
Procedure.
of Ramos
According
is
nottoadmissible,
PeopleConfession
vs.since
(2001)
Lamsing,
248
SCRA 471,
thedid
right
counsel
the
counsel
assigned
to him
nottoadvise
him of
No IX
- Rafael,
Carlos
and
Joseph were
accused
does
not
extend
to that
police
because
they of
his
rights.
The fact
hisline-ups,
confession
was
taken
murder
before
the Regional
Trial Constitution
Court However,
of Manila.
are
notthe
part
of custodial
investigations.
before
effectivity
of the
1987
is of
Accused
according
Joseph
to Even
People
turned
vs.to
Macan
state
238 SCRA
against
306,
his
no
moment.
prior
the witness
effectivity
of the
co-accused
after
the
startRafael
of custodial
andSupreme
Carlos,
investigation,
and
was
if the
1987
Constitution,
the
Court
already
accused
not
assisted
by the
counsel,
any
accordingly
discharged
laid
downwas
strict
rules
on from
waiver
ofinformation.
the rights
identification
of the accused
in aof
police
line-up
is
Amonginvestigation
the evidence
by
the prosecution
during
inpresented
the case
People
v. Galit,
inadmissible.
was SCRA
an extrajudicial
confession made by Joseph
135
465 (1985).
during the custodial Investigation, implicating
Custodial
Investigation;
Right
to Counsel
Rafael and Carlos
who, he said,
together
with him
Custodial
Investigation;
RightThe
to Counsel;
(1988)
(Joseph), committed
the crime.
extrajudicial
No.
Receipt
15: Armando
of was
Property
Salamanca,
Seized
(2002)
a notorious
policeof
confession
executed
without
the assistance
No
VIII. One
day under
a passenger
businvestigation
conductor found
character,
came
custodial
for
counsel.
a man's
handbag
left in City.
the bus.
When
the
robbery
in Caloocan
From
the outset,
the
conductor
opened
the bag,
inside
a
police officers
informed
himhe
of found
his right
to remain
Accused
Rafael
and
Carlos
vehemently
objected
catling
card
withhis
theright
owner's
name
Galang)
silent,
and
also
to have
a (Dante
counsel
of his
on the
ground
extrajudicial
and
address,
fewsaid
hundred
peso
choice,
if heathat
could
afford
one bills,
orconfession
ifand
not,a small
the
was inadmissible
in evidence
plastic
bag containing
aprovide
white against
powdery
substance.
government
would
him them.
with
such
He
brought the powdery substance to the National
counsel.
Bureau of Investigation for laboratory examination
Rulethanked
whether
the said
extrajudicial
confession
He
the police
investigators,
and
declared
and
iton
was
determined
to
be
methamphetamine
is admissible
inorevidence
or
not.
(5%)
that
he fully understands
rights
enumerated
hydrochloride
shabu, athe
prohibited
drug. Danteto
him, butwas
that,
he is voluntarily
waiving
them.
Galang
subsequently
traced and
found and
FIRST
ALTERNATIVE
ANSWER:
Claiming
that
he
sincerely
desires
to
atone
for
brought to the NBI Office where he admitted his
According
vs.
Balisteros,
237 SCRA
misdeeds,
hePeople
a written
on
his
ownership to
of
thegave
handbag
and itsstatement
contents.
In the
499
(1994),
the
confession
is
admissible.
Under
participation
in
the
crime
under
investigation.
course of the interrogation by NBI agents, and
Section
12, presence
Article III of
theassistance
Constitution,
the
without the
and
of counsel,
confession
is
inadmissible
only
against
the
one
Galang was made to sign a receipt for the plastic
In
the
course
of
the
trial
of
the
criminal
case
for
who
confessed.
Only
the
one
whose
rights
were
bag and its shabu contents. Galang was charged
the
same
robbery,
the
written
admission
of
violated
canpossession
raise the objection
as his
rightand
is was
with
illegal
of prohibited
drugs
Salamanca
which
hehegave
duringthat
the- custodial
personal. On
convicted.
appeal
contends
SECOND
ALTERNATIVE
ANSWER;
investigation,
was presented
as the only evidence
According
us. Jara,
144 SCRA
of his guilt.toIfPeople
you were
his counsel,
what would
516(1986),
the confession
is inadmissible. If it is
you
do? Explain
your answer.
SUGGESTED
A.
The plastic
ANSWER:
bag
contents
are with
inadmissible
against
theand
oneits
who
confessed,
Imore
inadmissible
would
object
in
to
evidence
it on be
the
being
ground
the that
product
the of
waiver
an
reason
it should
inadmissible
against
illegal
seizure;and
(3%)toand
of
the search
rights and
to silence
counsel is void,
others.
B.
receipt
he signed
also presence of
having The
been
made
withoutis the
Custodial(Art.
Investigation;
Extrajudicial
inadmissible
asIII,hissec.
rights
under
custodial
counsel.
12(1);
People
v. Galit, 135
Confession;
Police
Line-Up
(1994)
investigation
were
not
observed.
(2%)
SCRA
465 (1980).
The
waiver
must also be in
No. 10: the
An
information
for parricide might
was filed
Decide
case with
writing,
although
this reasons.
requirement
possibly
againstbeen
SUGGESTED
Danny.complied
ANSWER:
After the NBI
have
withfound
in an
thiseyewitness
case by
A.
It iscommission
admissible...
to the
of the
Danny
was
embodying
the waiver
in crime.
the written
confession.
It
B.
The receipt
Galang
signed
without
the 3,
placed
in
a police
line-up
he
was
identified
should
also
bewhich
noted
thatwhere
under
Rule
134,
sec.
assistance
ofextrajudicial
counsel
is not
admissible
as theifone
shot the
victim.
After the
line-up,
even
thewho
confession
is in
valid,
it is
evidence.
As held
in People
274
SCRA
Danny
made
a confession
tov.
a Castro,
newspaper
not
a
sufficient
ground
for
conviction
if
it
is
not
SUGGESTED ANSWER:
115
{1997),
since
the receipt
is1)a Can
document
reporter
who
interviewed
him.
Danny
claim
corroborated
by
evidence
of
corpus
delicti.
(a) The law is a bill of attainder by which
admitting
the offense by
charged, Galang should
that
his identification
Congress,
by assuming judicial magistracy, in
eyewitness
becounsel
excluded
the ground
have the
been
assisted by
ason
required
by
effect declares all officials and employees during
that
line-up
made
without
Custodial
Investigation;
Right
to benefit
Counsel
Article
III,the
Section
11was
of the
Constitution.
martial law (September 21, 1972February 25,
of his counsel? 2) Can Danny claim that his
(1993)
1986) as disloyal and, on this basis, removes
confession
No.
17; In be
his extrajudicial confession executed
some while subjecting others to a loyalty test.
excluded
on the
ground
that
he Walangtakot
was not
Custodial
Police
Line-up
(1993)
before
the Investigation;
police
authorities,
Jose
afforded his
"Miranda"
rights? in a fit of jealousy.
admitted
killing
his girlfriend
SUGGESTED
ANSWER:
No.
9:admission
Johann learned
that theafter
policethe
were
This
was
made
following
With respect
to the
provision
declaring
positions
looking
for
him
in connection
with the rape of an
answer
and
question
to
wit:
vacant, even the power to reorganize can not

2) Neither is the receipt he signed admissible,


his rights under custodial investigation not
having been observed. Decide. SUGGESTED
ANSWER: On the assumption that the issues
were timely raised the answers are as follows: 1)
The packages are admissible in evidence. ...
2) The receipt is not admissible in evidence.
According to the ruling in People vs. Mirantes,
209 SCRA 179, such receipt is in effect an
extrajudicial confession of the commission of an
offense. Hence, if it was signed without the
assistance of counsel, in accordance with Section
12(3), Article IV of the Constitution, it is
inadmissible in evidence. [People v. Duhan, 142
SCRA 100 (1986)].
Custodial Investigation; Rights (1996)
No. 3: 1) A, who was arrested as a suspect in a
murder case was not represented by counsel
during the "question and answer" stage. However,
before he was asked to sign his statements to the
police investigator, the latter provided A with a
counsel, who happened to be at the police
station. After conferring with A, the counsel told
the police investigator that A was ready to sign the
statements.
Can the statements of A be presented in court as
his confession? Explain.
SUGGESTED ANSWER:
1) No, the statements of A cannot be presented in
court as his confession. He was not assisted by
counsel during the actual questioning. There is no
showing that the lawyer who belatedly conferred
with him fully explained to him the nature and
consequences of his confession. In People vs.
Compil 244 SCRA 135, the Supreme Court held
that the accused must be assisted by counsel
during the actual questioning and the belated
assistance of counsel before he signed the
confession does not cure the defect.
ALTERNATIVE ANSWER:
Yes, the statements of A can be presented in
court as his confession. As held in People vs.
Rous, 242 SCRA 732, even if the accused was
not assisted by counsel during the questioning,
his confession is admissible if he was able to
consult a lawyer before he signed.
Custodial Investigation; Rights (1989)
No. 7: Pursuing reports that great quantities of
prohibited drugs are being smuggled at nighttime
through the shores of Cavite, the Southern Luzon
Command set up checkpoints at the end of the
Cavite coastal road to search

passingBoulevard,
motor vehicles.
old boy,
who
which Ais19-year
also owned
by X.
May
finishedthey
fifthlawfully
grade, while
stopped by
seize driving,
the saidwas
unlicensed
the authorities
at Explain
the checkpoint.
Without any
firearms?
your answer.
objection from him, his car was inspected, and
SUGGESTED
the
search yielded
ANSWER:
marijuana leaves hidden in the
(1) Yes,
the police operatives
lawfully seize
trunk
compartment
of the car. may
The prohibited
drug
the cocaine,
was
promptly....
seized, and the boy was brought to
the police station for questioning.
(2) No, X cannot successfully challenge the
(1)
Wasofthe
legal?
legality
thesearch
searchwithout
simplywarrant
because
the peace
(2)
Before
interrogation,
policeman
officers
did not
inform himthe
about
his righton
to duty
informed
the boy
he does
"have a
remain silent
and in
hisEnglish
right tothat
counsel.
Section
right
remainIIIsilent
theConstitution
right to counsel."
12(1),toArticle
of theand
1987
provides:
However, there was no counsel available as it
"Any person
under investigation
was midnight.
He declared
orally that hefor
didthe
not
need any
commission
lawyer as he
of an
was
offense
innocent,
shallsince
havehe
the
was onlyright
bringing
to be the
informed
marijuana
of hisleaves
right to
toremain
his
employer
in Quezon
City and
was notand
a drug
silent
and to have
competent
user. Heindependent
was chargedcounsel
with illegal
possession
preferably
of his of
prohibited
drugs.
Is his waiver of the right to
own
choice."
counsel valid?
As held in People v. Dy, 158 SCRA 111. for this
provision to apply, a suspect must be under
investigation. There was no investigation involved
in this case.
(3) The unlicensed firearms stored at 12 Shaw
Boulevard may lawfully be seized ...
Custodial Investigation; Rights (1993)
No. 4: Larry was an overnight guest in a motel.
After he checked out the following day, the
chambermaid found an attache case which she
surmised was left behind by Larry. She turned it
over to the manager who, to determine the name
and address of the owner, opened the attache case
and saw packages which had a peculiar smell and
upon squeezing felt like dried leaves. His curiosity
aroused, the manager made an opening on one of
the packages and took several grams of the
contents thereof. He took the packages to the NBI,
and in the presence of agents, opened the
packages, the contents of which upon laboratory
examination, turned out to be marijuana flowering
tops, Larry was subsequently found, brought to the
NBI Office where he admitted ownership of the
attache case and the packages. He was made to
sign a receipt for the packages. Larry was charged
in court for possession of prohibited drugs. He was
convicted. On appeal, he now poses the following
issues: 1) The packages are inadmissible in
evidence
being the product of an illegal search and
seizure;

unavailability
and
If
I were
makes
theviolation
judge,
of prosecution
I of
would
the prohibition
deny
witnesses
the motion.
awho
crime
could
The
punishable
not
be found
oralocated,
fine
P2,000.00
the is
criminal
case
P100,000.00
was not
dismissal
ofbythe
firstofcase
voidtoand
does
and/or
pending
imprisonment
trial
for a period
of not
of seven
less
years.
6 months
Upon
nor
give
rise
to double
jeopardy.
Thethan
dismissal
of the
morecase
motion
than
of accused
years.Erning
Ifand
aliens
whoare
invoked
arrested
hisfor
right to
first
is10arbitrary
denied
the prosecution
fishing
speedy
within
trial, the
this
court
zone
dismissed
buttrial
for some
theset
reason
case.
due
process
of law.
The
was
five are
days
acquitted,
the decision against
cannot
be
after
the arraignment.
There them
was no
sufficient
appealed
to the Court
of Appealsand
because
thatthe
time
to subpoena
the witnesses
this was
Eventually,
the
prosecution
witnesses
surfaced,
would
place
them
in double
jeopardy.
This
is so
first
time
the
witnesses
failed
to appear.
As
held
and
a
criminal
for
involving
thethe
wellPeople
established
that
thehomicide,
Supreme
Court142,
turned
in
vs.case
Declaro
170 SCRA
down many
same
incident
for
filed
re-examination
anew against
ofErning.
the
dismissal
of pleas
a was
case
for
failure
of the witnesses
to
doctrineatfirst
Accused
Erning
moved
for
in Kepner
dismissal
v. of
United
the
appear
theannounced
initial
hearing
is arbitrary
andcase
void
States.
11not
Phil.
(1904).
The doctrine
on
the
ground
of669
double
The is said to
and
does
give
rise
tojeopardy.
double
jeopardy.
be part and parcel
not submitting
only of settled
prosecution
objected,
the reason that it
jurisprudence
also ofthe
constitutional
law. earlier
Nor
was
not able tobut
present
said witnesses
Double
Jeopardy
(1999)
does it matter
that went
the
accused
are out
aliens.
This
because
the latter
into hiding
of fear.
A.
Discuss
the
right(5%)
of every
accused
guarantee
been
applied
even
to aliensagainst
without
Resolve
thehas
motion.
SUGGESTED
double
(2%)
thoughtjeopardy?
of theirANSWER:
citizenship.
(See e.g., People v. Ang Chio
Kio,
95motion
Phil. 475should
SUGGESTED
The
ANSWER:
be granted. As held in Caes
(1954)
(Chinese
of
murder);
People
v.
According
to previously
Melo
v. convicted
People,
85179
Phil.
766,
us.
Intermediate
Appellate
Court,
SCRA
54the
Pomeroy, 97 Phil 927 (1955) ( American previously convicted of
rule of the
double
jeopardy
means case
that when a
(1989),
dismissal
of a criminal
rebellion with murder, arson and robbery).
person wasoncharged
with
offense
predicated
the right of
thean
accused
to aand the
case
was
terminated
by
acquittal
or
conviction
speedy
trial
amounts
to
an
acquittal
for
failure ofor
Double Jeopardy (1993)
in
any
other
manner
without
his
consent,
the
prosecution
to
prove
his
guilt
and
bars
his hea
No. 13: A Pajero driven by Joe sideswiped
cannot
again
be
charged
with
the
same
or
subsequent
prosecution
for
the
same
offense.
motorcycle driven by Nelson resulting in damage
identical
offense.
to the motorcycle and injuries to Nelson. Joe sped
Double
Jeopardy
(2002)
on without
giving assistance
to Nelson. The Fiscal
Double
No
IX.
A
Jeopardy
Tamaraw
FX
(1999)
driven
by Asiong
filed two informations
against
Joe, to wit: (1)
C.
On October
1986,
17sideswiped
year old
Cascasero,
who21,
was
drunk,
a
reckless
imprudence
resulting
in Virginia
damage
to
Sagrado
brought
a
complaint
against
Martin
pedestrian
along
EDSA
in
Makati
City,
resulting
in
property with physical injuries under Art. 365,
Geralde
for
consented
abduction.
With the
physical
injuries
the latter.
public
RPC, before
thetoRTC;
and The
(2) abandonment
of
accused
pleading
not
guilty
upon
arraignment,
prosecutor
filed
two
separate
informations
one's victim under par. 2 Art 275, before theagainst
MTC.
trial
ensued.the
After
a judgment
of conviction
Cascasero,
firsttrial,
for reckless
imprudence
was
rendered
against
Geralde.
When
case
resulting in physical injuries under the the
Revised
was
appealed
to
it,
the
Court
of
Appeals
reversed
Penal
Code,arraigned,
and the second
violation
of an for
Joe was
tried for
and
convicted
the
judgment
ofoftheone's
Trial
Court,
andHe
ordinance
of Makati
City prohibiting
abandonment
victim ratiocinating
in and
the MTC.
ruling
as follows:
"This
notinfluence
to
saya that
penalizing
driving
under
of the
liquor.
appealed
to
the RTC.
Itisthe
was
only
year
later that
appellant
did
nothing
was
seduced
by
Cascasero
was
arraigned,
and
convicted
for
he was arraigned
inwrong...she
thetried
reckless
imprudence
the
appellant
with
(ofinmarriage)
just
to
reckless
imprudence
resulting
physical
injuries
charge
before
the promises
RTC.
He pleaded
not guilty.
accomplish
his lewdPenal
designs."
Virginia
under
the Revised
Code.Years
With later,
regard
to the
brought case
another
Qualified
Seduction.
second
(i.e.,complaint
violation for
of the
city ordinance),
Geralde
presented
Motion
toaQuash
upon
being
arraigned,
he affirmed
filed
motion
tothe
quashof
Subsequently,
the aRTC
the on
decision
ground
of double
jeopardy,
which
motion double
and
his
the
invoking
right against
the information
MTC
relative
to thehisabandonment
of one's
subsequent
motion
for
reconsideration
were
jeopardy.
He
contended
that,
under
Art.
III,
victim charge. Joe filed a petition for review before
denied:
Question:
May
Geralde
validly
Section
21
the Constitution,
ifhis
an
act isinvoke
the Court
ofofAppeals,
invoking
right
to double
double
jeopardy
in
questioning
the
institution
of for
punished
by
a
law
and
an
ordinance,
conviction
or
Jeopardy, contending that the prosecution
the
case
for
Qualified
Seduction?
He
placed
acquittal
under
either
shall
constitute
a
bar
to
abandonment under Art. 275 of the Revised Penal
reliance
principally
onforthe
test to
another
the"same
sameevidence"
act
argued
Code is prosecution
a bar to the
prosecution
forHenegligence
support
his
stance.
He
asserted
that
the
offenses
that
the
two
criminal
charges
against
him
under Article 365 of the same Code. Decide.
with whichfrom
he was
fromallegedly
the same
stemmed
the charged
same actarose
of driving
set
of
facts.
Furthermore,
he
averted
that
the
under
the
influence
of
liquor
which
caused
the
SUGGESTED ANSWER:
complaint
for
Qualified
Seduction
is
barred
by
accident.
Was
there
double
jeopardy?
Explain
Joe cannot claim that his conviction for
waiver
and
estoppel
on
the
part
of
the
your
answer
(5%)
abandoning his victim in violation of Article 275 of
complainant,
she having
opted
the
the Revised Penal
Code is
a bartotoconsider
his
case
as
consented
abduction.
Finally,
he
argued
prosecution for negligence under Article 365 of
FIRST
ANSWER:
that
herALTERNATIVE
delayPenal
of more
than
years before
the Revised
Code.
Aseight
held (8)
in Lamera
v.
Yes,
there
is
double
jeopardy.
Under
theissecond
filing
the
second
case
against
him
constituted
Court of Appeals, 198 SCRA 186, there
no
sentence
Article
III, Section
21two
of the
pardon
onofthe
part
of
double jeopardy,
because
these
offenses are
Constitution,
if
an
act
is
punished
not identical. Reckless imprudencebyisaalaw and

an ordinance,
crime
the
offended
falling under
party.
conviction
the
How
chapter
or
would
acquittal
on
youcriminal
resolve
under either
negligence,
Gerald's
shall
constitute
contentions?
while
a bar
abandonment
toExplain.
another(4%)
prosecution
of one's victim
for is
a crime
SUGGESTED
the
same
falling
act. In
under
ANSWER:
this case,
the chapter
the same
on crimes
act is
against security.
Geralde
involved
cannot
in the two
invoke
The
cases.
former
double
The
is jeopardy.
committed
reckless According
by
means
imprudence
which
while
the latter
in168
physical
is SCRA
committed
injuries
to
Perezofv.culpa,
Court
ofresulted
Appeals,
236, by
there
means
arose
from
of dolo.
the
same
Failureact
to of
help
driving
one's
under
victimthe
isand
not
is
no identity
between
consented
abduction
an offense
influence
ofby
liquor.
itselfIn
nor
Yap
anv.element
Lutero, of reckless
qualified
seduction.
G.R.
No. L-12669,
April
30, 1959,
Supreme
imprudence.
It merely
Increases
the the
penalty
by
CONSENTED
requires
the of
one degree.
Court
held thatABDUCTION
an accused who
was that
acquitted
taking away
driving
recklessly
of the offended
in violation
partyofmust
an be
ordinance
with
Double
Jeopardy
(1997) for or
her
consent,
solicitation
cajolery
the
could
not
be after
prosecuted
damage
tofrom
property
No. 2: The
Panlungsod
oftheManila
offender,
through
reckless
andSangguniang
the taking
imprudence
away
ofbecause
the offended
two
approved
an
(No.
1000)
prohibiting
the
party
must
beordinance
with
lewd
On
theInother
charges
were
based
on designs.
the same
act.
People
operation
in the
streets
the
cityheld
limits
hand,
v,
Relova,
QUALIFIED
148
SCRA
SEDUCTION
292 within
(1987),requires
it was
that
that
theof
taxicabbe
units
eight
old
(from year
crime
committed
by abuse
authority,
when
there
isover
identity
in years
the of
act
punished
by aof
manufacture).
The imposable
violation
confidence
law
and anor ordinance,
relationship
conviction
and penalty
the offender
orforacquittal
had
thereof intercourse
is a fine
of with
P4,000.00
or imprisonment
for
sexual
woman.
under
either
shall
bartheprosecution
under the
one year upon the erring operator. Thereafter and
other.
SECOND
while the ALTERNATIVE
city ordinance ANSWER:
was already in effect.
The
There
delay
is no
in
filing
double
the
jeopardy
case
because
does
the 500)
act
Congress
enacted
a second
law
(Republic
Act not
No.
constitute
penalized
under
according
the Revised
Article
Penal
344Code
of the
is
prohibitingpardon,
the operation
in tothe
streets
of
cities
SUGGESTED
ANSWER:
Revised
different
Penal
from
Code,
act to
penalized
valid the
by
the
pardon
ordinance
of ten
throughout
thethe
country
ofbetaxicab
units
beyond
(1)Makati
No,
theCity.
search
was
not valid,
because
there
the
of
offender
byThe
the
offended
Revised
Penal
party
must
Code
penalizes
years
old.
The
imposable
penalty
forbe
violation
was
no
probable
cause
....
expressly
reckless
imprudence
given.
resulting
in
physical
injuries,
thereof is the same as in Ordinance No. 1000.
A,
while
the
ordinance
of
Makati
City
penalizes
an owner/operator of a taxicab unit operating in
(2)
Double
the
Jeopardy
of
(2000)
the right
to counsel
is not of
driving
the influence
of liquor.
the No,
Cityunder
of waiver
Manila,
was
charged
with violation
valid,
No
XV.
since
Charged
it
was
by
not
Francisco
reduced
with
in
writing
libel,
Pablo
and
the city ordinance. Upon arraignment, he pleaded
made
was
in the whereupon,
presence
on January
of counsel.
3, 2000,
Pre-trial
not arraigned
guilty;
trial
wasUnder
set Section
fivewas
days
Double
Jeopardy;
Requisites
(1999)
12(1),
Article
III
of
the
1987
Constitution
to
be
dispensed
with
and
continuous
trial
was
set
for at
thereafter. For failure of the witnesses to appear
B.
are
the9,must
requisites
of double
jeopardy?
valid,
the
be
made
in
writing
and
in
March
7,the
8waiver
and
2000.
On
the
first
setting,
the
theWhat
trial,
City
Court
dismissed
the
case
against
the
(2%)
presence
of
counsel.
prosecution
for its of
postponement
and filed
A. The Citymoved
Prosecutor
Manila forthwith
SUGGESTED
cancellation
of ANSWER:
the other
settings
its
another information
in the
same because
court charging
A
Double
As
in
Jeopardy
Cuison
v.(1988)
Court
ofwitness,
Appeals,
289
SCRA
principal
and
probably
only
private
withheld
violation
of Republic
Act
No. 500the
for
operating
No.
21:
Filipino
seamen
detained
atinKota
159,
for aThe
claim
of double
jeopardy
to go
prosper,
complainant
Francisco,
suddenly
had to
the taxicab
unit
subject
of the
information
the
Kinabalu,
the
following
allegedly
requisites
fishing
must
inconcur:
Malaysian
territorial
abroad
to fulfill
a accused
professional
commitment.
Thethe
first
case.
The
moved
to dismiss
(1)
a first
jeopardy
has
attached;
waters,
had
acquitted,
after
trial, by
judge
instead
dismissed
thehim
case
for failure
to the
second
casebeen
against
invoking
double
(2)
the first
jeopardy
validly
sessions
court
in thewas
same
city. terminated;
They
not be
prosecute.
b)
Would
the
reversal
of thecould
trial and
Jeopardy.
(3)
the second
isdismissal
for thetosame
offense.
released
and returned
the
Philippines,
court's
assailed
of the
case placebecause
the
the prosecution
appealed
accused
in doublehad
jeopardy?
(3%)the judgment of
acquittal to the Supreme Court of Malaysia.
How would you
SUGGESTED
ANSWER:
rule on A's motion if you were
theSince
Judge?
b)
the postponement of the case would not
SUGGESTED
ANSWER:
Assumethe
the
situations
had been
reversedtrial,
and a
violate
right
of the accused
to speedy
If
I were
the
judge,
would
grant
the
motion.
The
Malaysian
had
beenI apprehended
inisShasi,
the
precipitate
dismissal
of the
case
void. Sulu,
The
dismissal
of
first case
failure
the
for an of
alleged
offense,
before
reversal
the the
dismissal
willcharged
notfor
place
the of the
witnesses
to
appear
terminated
first jeopardy.
Regional in
Trial
CourtJeopardy.
and
after trialthe
acquitted.
accused
double
ALTERNATIVE
As held in CaesANSWER:
vs. Intermediate Appellate Court,
May
b)
Since
the the
Provincial
dismissal
Fiscal
of theofcase
valid,
appeal
such
179
SCRA
54,
the dismissal
ofSulu
a iscase
foritsfailure
judgment
reversal
will
of place
acquittal
the
accused
Supreme
in double
Court,
like
of
the witnesses
for to
thetheprosecution
to appear
what the Malaysians
jeopardy.
didThe
in the
case ofof Athe
constitutes
an acquittal.
acquittal
for
Filipino fishermen
at Kota Kinabalu?
Explain
violation
of Ordinance
No. 1000
barsyour
his
Double
(2001)of Republic Act No. 500.
answer. Jeopardy
prosecution
for violation
SUGGESTED
No
X - Section
For the ANSWER:
death
of Joey,
Erning
was chargedif
Under
21, Article
in of
the Constitution,
No, act
with
because
theiscrime
it of
would
homicide
place
before
the and
accused
theanRegional
in
an
punished
by
a law
ordinance,
double
Trial
Court
jeopardy,
of
contrary
He
to Art.
was
III,arraigned.
sec.
21another
ofDue
our
conviction
or Valenzuela.
acquittal
under
either
bars
Constitution.
to
numerousfor
PD
postponements
No.same
1599act.
prohibits
of the scheduled
any person
prosecution
the
not a citizen
hearings
at the
to explore
instanceorofexploit
the prosecution,
any of the
ALTERNATIVE
resources ofbased
particularly
theANSWER:
exclusive
on the ground
economic
of zone

No. 9:
him,
Due
Process;
and
Macabebe,
a re-investigation
Forfeiture
Pampanga
Proceedings
washas
conducted.
several
(1993)
barrios
The
received
the
proceedings,
the evidence,
and ininthe
violation
last analysis
of the "He
to avoid
who
office14:
No.
of
The
thePampanga
Fiscal
S/S "Masoy"
subsequently
of To
Panamanian
recommended
along
the
river.
service
theregistry,
needs
decides
a
miscarriage
must hear"
of justice.
rule. Is he correct? 2) On the
dismissal.
while
moored
On January
at the the
South
11, municipality
1966,
Harbor,
the City
washas
Mayor
found
to
of
their
residentst
been
ground that there was a violation of due process
returned
the
records
of the
to
the
City
Fiscal
have
contraband
goods
on
board.
The
Customs
because
Due
Process;
the complainants,
Meeting vs. the
Hearing
prosecutor
(1999)and the
operating
a ferry
service
atcase
the
same
river,
for a
for thefound
submission
of an
Team
out already.
that
theappropriate
vessel did resolution
not have the
hearing
No
VIII -officers
C. On November
were all subordinates
7, 1990, nine
of lawyers
the BID of
number
of years
but no resolution
was submitted.
On March
3,
Commissioners
the
Legal Department
who rendered
of Y Bank
the deportation
who were all
required
ship's permit
and shipping
documents.
Sometime
inand
1987,
the
municipality
wasaserved
1968,vessel
the City
Fiscal
transmitted
theand
records
to a
decision.Fred
Is he correct?
The
its cargo
were held
warrant
under
Torre, sent a complaint to
copy
of Mayor
anand
order
from the
Tansportation
theSeizure
City
recommending
that
final
action
management accusing Torre of abusive conduct
of
Detention
wasLand
issued
after due
thereon be made
Franchising
and
Regulatory
thecourse
City Board
of
(LTFRB),
SUGGESTED
ANSWER:Furnished with a copy of
investigation.
In by
the
ofBoard
the forfeiture
and
mismanagement.
Investigators
granting
a certificate
(CBI).
Although
of public
the
convenience
CBI
to Mr.
1) No,
Stevie isTorre
not correct.
in Adamson
A
the
complaint,
denied As
theheld
charges.
Two days
proceedings,
the ship
captain
and did
thenotship's
conduct an
investigation,
the records
show that
Adamson,
Inc. vs.and
Amores,
Ricardo
Macapinlac,
a resident
of Macabebe,
to
resident
agent
executed
sworn
statements
before
later,
the lawyers
Torre 152
were SCRA
called 237,
to a
bothCustom
the ferry
Municipal
Board
and the
Officeand
operate
service
across
the Fiscal's
same
river
administrative
dueoffice
process
does
not Chairman
require thatto
conference
in the
of the
Board
the
legal
officer
admitting
that
contraband
exhaustively
heard
theaboard
case
withthe
both
parties
the actual
of testimony
or the
between
the
same
barrios
being
serviced
cargo
were
found
vessel.
The
give
their taking
respective
sides of
the presentation
controversy.
afforded ample
to adduce
their Aofcheck
presently
by
theopportunity
municipality's
ferry
boats.
of evidence
the same
officer who
will
However,
no before
agreement
was reached
thereat.
shipping
lines
object
to the
admission
the
evidence
andasargue
theirapplication
cause.
TheofPolice
decideDirector
the case.
of
the records
of the
Macapinlac
statements
evidence
contending
that
during
Bank
Romulo Moret was tasked to look
Commission
found
Gatdula
guilty
on the
basis
of
shows
that the
application
was
filed
some
months
further into the matter. He met with the lawyers
their
execution,
the
captain
and
shipping
In American
Co. v. Director
of to
Patents,
67
the records
forwarded
byby
thecounsel,
CBI.notices
Gatdula
before,
setnot
forassisted
hearing,
and
of such
agent
were
in violation
of
together
withTobacco
Torre several
times but
no avail.
SCRA 287,
Supremea Court
ruled thatthe
so
challenged
theDecide.
adverse
decision
the Police
hearing
were
published
in twoof newspapers
of
Moret
then the
submitted
reporthas
sustaining
due
process.
long as the
actual
decision The
on the
merits
of the
Commission
theorizing
thattown
he was
deprived ofand
general
circulation
in the
of Macabebe,
charges
of the
lawyers.
Board
Chairman
SUGGESTED
ANSWER:
due
Is theThe
Police
cases is
madeto byinform
the officer
by law
to
in
theprocess.
provinceQuestions:
of Pampanga.
municipality had
wrote
Torre
him authorized
that the bank
had
The
admission
of the
statements
of that
the City
captainof
Commission
bound
by
the
findings
the
decide,
the
power
to
hold
a
hearing
on
the
basis
of
never
been directly
served
a copy of
notice
chosen the compassionate option of "waiting" for
and
theIsnor
shipping
agent
as evidence
not
Fiscal?
Gatdula's
protestation
of lack
ordid
nonwhich
decision will
bewas
made
can without
be delegated
hearing
had the
Sangguniang
Bayan
been
Torre'shis
resignation.
Torre
asked,
being
violate
due
process
even
if
they
were
not
observance
of
due
process
well-grounded?
and
is
not
offensive
to
due
process.
Court
requested by Macapinlac for any operate. The
dismissed, to turn over the documents ofThe
all cases
assisted
by
counsel.
In
Feeder
International
Line,
Explain
your
answers.
(4%)
noted
that:
"As
long
as
a
party
is
not
deprived
of
municipality immediately filed a motion for
handled by him to another official of the bank but
SUGGESTED
ANSWER:
Pts.
Ltd.
v.
Court
of
Appeals,
197
SCRA
842,
It
his
right
to
present
his
own
case
and
submit
reconsideration with the LTFRB which was denied.
Torre refused to resign and requested for a "full
The
Police
Commission
is Court
not bound
the is not
was
heldto that
assistance
ofoncounsel
evidence Days
in support
thereof,
andhis
therequest
decision
It went
the the
Supreme
abypetition
for
hearing".
later, he
reiterated
for is
a
findings
City
In Mangubat
de
indispensable
to Fiscal.
dueorder
process
in a v.
forfeiture
supported
by the claiming
evidence that
in the he
record,
is
certiorarioftothe
nullify
the
granting
certificate
"full
hearing",
hadthere
been
Castro,
163convenience
SCRA
it was
held that the
Police
proceedings
since608,
such
are
not
no question thatdismissed".
the requirements
due process
of public
toproceedings
Macapinlac
on
two
"constructively
Moret of
assured
Torre
Commission
is
not
prohibited
from
making
its
own
criminal in nature.
and fair
are tofully
met. inIn the
short,
there ofis the
no
grounds:
that
he istrial
"free
remain
employ
1
due of
process
the municipality;
findingsDenial
on the of
basis
its owntoevaluation
of the
abrogation
on the
part ofwork
the
bank"
evenof ifresponsibility
he has no
particular
Moreover,
2
failure
the strict
of
rules oftoof
secure
evidence
records.For
Likewise,
theMacapinlac
protestation
lack ofapproval
dueand ofassignment.
officer concerned
the actual
decision
After asanother
request
for remains
a "full
the
Sangguniang
Bayan
for
him
to
operate
a
ferry
procedure
will
not
apply
in
administrative
process is not well-grounded, since the hearings
with and was
is made
by Torre
said officer.
is, however,
hearing"
ignored,
filed a It
complaint
with
service
in Macabebe,
proceedings
like Board
seizure
forfeiture the
before the
Municipal
and theand
City Fiscal
required
that to give
the substance
a hearing,
arbitration
branch
of NLRCof for
illegal
proceedings.
What
is important
that the
parties
offered Gatdula
the chance
to be isheard.
There
is
which is forReacting
the purpose
of making
determinations
dismissal.
thereto,
the bank
terminated
are
afforded
theprocess
opportunity
be heard
no denial
of due
if thetodecision
wasand the the
uponservices
evidence
the Questions:
officer who(a) makes
the
of Torre.
Was Torre
decision
authority
is based
renderedof
onthe
theadministrative
basis of evidence
contained
in on "constructively
determinations must
consider
and he
appraise
dismissed"
before
filed the
his
substantial
evidence.
the record and
disclosed to the parties affected.
evidence which
justifiesthe
them.
complaint?
(b) Given
multiple meetings held
among the bank officials, the lawyers and Torre, is
Due Process; Media Coverage during Hearing
it correct for him to say that he was not given an
Due Process; Deportation (1994)
(1996)
A first
2)
No,jeopardy
Stevie
attaches:
not denied
due process
simply
opportunity
to was
be
heard?
Explain
your answers.
No. 2:
9: At
A complaint
filed case
by Intelligence
No
the trial ofwas
a rape
where theagents
victim- (4%)
1
upon
a valid complaint
information;
because
the complainants,
theor
prosecutor,
and the
of the Bureauwas
of Immigration
and Deportation
complainant
a well known
personality (BID)
while hearing
2
before
a competent
officers
were all court;
subordinates of the
against
Stevie,
a German
for his
the
accused
was
a popularnational,
movie star,
a TV station Commissioner
3
after arraignment;
of the Bureau of Immigration and
deportation
undesirable
The the entire SUGGESTED
ANSWER:
was
allowedas
byan
the
trial judge alien.
to televise
4
a validIn
entry
of plea; andwith the ruling in
Deportation.
accordance
Immigration Commissioner
directed the Special
a)
was
constructively
dismissed,
held in
5 Torrethe
orInc.
termination
of the
case
proceedings
like the
Erianger
& dismissal
Galinger,
vs.
Court
of as
Industrial
Board
O.J.
Simpson
of Inquiry
trial.
to The
conduct
accused
an Investigation.
objected to the
At the
without theBanking
Equitable
express
consent
Corporation
thev.findings
accused.
NationalofLabor
Relations,
110 Phil.
470, ofthe
the
saidcoverage
TV
Investigation,
and petitioned
a lawyer from
the Supreme
the LegalCourt
Relations
Commission,
SCRA 352. Allowing
an
subordinates
are not273conclusive
upon the
Department
ofsaid
the BID
presented
as Supreme
witnesses the
to
prohibit the
coverage.
As the
Due Process;
Absence
of the
Denial
(1999)
employee
to report
forhave
work
without
being to
assigned
Commissioners,
who
discretion
accept
three Intelligence
filedpetition?
the complaint.
Noreject
VIII
- them.
B.
On
Aprilis
6,important
1963, Police
Officer
Mario
Court,
how would agents
you rulewho
on the
any
work
constitutes
constructive
dismissal.
or
What
is
that
Stevie
was
On the basis of the findings, report and
Gatdula
was charged
by the
Explain.
not
deprived
of his right
to Mayor
presentwith
his Grave
own case
SUGGESTED
ANSWER:
recommendation
of the Board of Special Inquiry,
Misconduct
Violation in
of Law
beforethereof,
the
and
submitand
evidence
support
the
The
Supreme
Court should
grant the petition.
the BID
Commissioners
unanimously
voted forIn
Municipal
b)
Torre isisBoard.
correct
The
in saying
Board
that
investigated
he was
not
Gatdula
given
decision
supported
by substantial
evidence,
and
its
Resolution
dated October
1991,
the
Stevie's
deportation.
Stevie's 22,
lawyer
questioned
the the
but before
could on
beThe
decided,
City
chancethetocase
be acted
heard.
meetings
in the
commissioners
their
own the
independent
Supreme
Court
prohibited
radiothat
andStevie
television
deportation
order
1) On thelive
ground
was
charter of
was
approved.
Fiscal,
nature
consultations
and
conferences
cannot
consideration
of the lawThe
andCity
facts
of theciting
case,
and
coverage
ofprocess
court proceedings
to BID
protect the right
denied due
because the
Section
of the
charter,
asserted
thatof
he was
be
considered
ascity
valid
substitutes
for the
proper
did
not30 simply
accept
the
views
their
of
the parties to due
prevent
thewere
Commissioners
who process,
renderedtothe
decision
authorized thereunder
toatinvestigate
observance
ofinnotice
and
hearing.
subordinates
arriving
a decision.city officers
distraction
of who
the participants in
not the ones
and employees. The case against Gatdula was
Due
by Publication (1988)
then Process;
forwardedNotice
to

foristhe
itdependent
require
tainted
lot,
a drive
its
on
with
bank
the
todeprivation
take
evaluation
account
the breathalyzer
may
ofafter
procedural
bethe
garnished
licenses
test
due
even
have (2)
issued
defense
Electric
As
Light
presented
the
appropriate
Co,
judge,
in
PSC,
rule
hisnotice
behalf
10
onright
SCRA
the
and
will
said
hearing
46
beobjections.
(1964)
inadequate
No, it after
is
not
a v.property
under
theto itdue
been
ifprocess.
but
there
upcancelled.
to
is this
no probable
amount
The issuance
only.
cause of the administrative
affected
considering
was
SUGGESTED
heldparties.
that
the
aANSWER:
rate
legal
The
ruling
requisite
which
in Philippine
andapplies
skill needed
in
process
clause
of order,
the Constitution.
Just like
ALTERNATIVE
ANSWER:
order also violated
procedural due process, since
Communications
court
exclusively
proceedings.
to a particular
Satellite
party
Corporation
and
certainly
isfields,
predicated
vs.be
Alcuaz,
ordinary
licenses
inThere
otherwould
regulated
itamay
Due
Eminent
Process;
Domain;
Radio
Garnishment
Station
(1987)
(1998)Astest
no prior
Requiring
public
a driver
hearing
to
take
wasa conducted.
breathalyzer
holddoes
in
180
denial
on
(1)
SCRA
finding
counsel
of due
218,
ofprocess.
fact,
for
to C
the
partakes
Company,
effect
(Delgado
that
of Ithe
will
annot
nature
order
argue
of
that
a the
be aAs
revoked
any
time.
It does
confer
an
No.
No
VI
XIV:
- 2,InIfthe
the
morning
City
of Cebu
ofRevenue
August
has self-incrimination,
money
28,
in bank,
Commissioner
not
violate
hisof
Internal
right
against
vs.1987,
Court
of
provisionally
v.
quasi
taking
Court
judicial,
ofofthe
Appeals,
property
reducing
rather
than
isthe
not
SCRA
legislative,
rates
a357
which
public
(1986)).
function.
a use
public
and
absolute
right,
but 145
only
aforpersonal
privilege,
Appeals,
during
can
it be
thegarnished?
261
height
SCRA
the
237
[2%]
fighting
(1998),
atwhen
Channel
a regulation
4 and
because
he
is ofnot
being
compelled
to
give
utility
that
the
could
ordinance
charge,cannot
could
be
fix the
issued
compensation
without
to
subject
to
restrictions.
A licensee
takes
his license
SUGGESTED
ANSWER:
is being issued
Camelot
Hotel,
under
the military
the
quasi-legislative
closed
authority
Due
Process;
testimonial
evidence.
He is
merelyRadio
beingStation
asked
to
previous
be
paid
Cnotice
Company,
and hearing,
because
cannot
thisLegislature
is apply.
a judicialsees
subject
to
suchSubstantive
conditions
as(2003)
the
2.
No,
the
money
of agency,
the
City
of Cebu
incovered
the bank
of an
administrative
the
requirements
of by
2003
The
Noorder,
XIIis
granting
-forThe
municipal
a provisional
council
of the
XX,
which
excitedly
reporting
question
that
the courts
to decide.
submit
to awas
physical
test.
This
is the
notsuccesses
fit to first
impose,
and
may
be
revoked
atrate
its pleasure
cannot
be garnished
if guarantee
it cametowards
from against
public
funds.
notice,
hearing
and
publication
must
beManila
observed.
of
the rebels
and
movements
and
municipality
increase
without
of Guagua,
hearing,
is
Pampanga,
valid ifofjustified
passed
by an
the
constitutional
selfwithout depriving
the licensee
any
property
Due
(2)
AsProcess;
judge,
I will
Public
sustain
School
the
contention
Teachers
that
(2002)
the
As
held
in Municipality
of The
Makati
vs.vs.
Court
of
ordinance
URGENT
penalizing
NEED,
any
such
person
as increase
or
in
entity
the
troops
friendly
to the rebels.
reports
were
incrimination.
Thus,
in South
Dakota
Neville,
(Chavez
v.PUBLIC
Romulo,
G.R.Xof
No
taking
No.
-of
Ten
the
157036,
public
property
June
school
ofof
9,
Cthe
2004).
Company
teachers
to
of operate
Caloocan
Appeals,
190
SCRA
212,
public
funds
correct
and
factual.
On206,
October
1987,
after are
engaged
cost
fuel.
inThe
thepower
business
ofPublic
selling
Service
tickets to
459
U.S.
553,
it was
held
for6,
this
reason
that
the
center
established
it towhich
Citycommercial
left or
theirother
to join awithin
strike,
exempted
garnishment.
movies
Commission
toclassrooms
grant
public
such
exhibitions,
increase
was
games
upheld
or
in
normalcy had
returned
and atheblood-alcohol
Government test
had is
requiring
afrom
driver
to take
Duecontrol
Process;
Procedural
vs. Substantive
finance
a housing
project
for
city
employees
is not
lasted
for
one(Silva
month,
to
ask
full
of the situation,
the National
performances
several
cases.
which
v. Ocampo,
would
charge
90 for
Phil.teachers'
777
children
valid.
Due Process;
PPA-Pilots
(2001)
Eminent
fromwithout
suit (2001)
(1999) Domain; immunity
for
public
use
but
for
private
purpose.
the
benefits.
between
(1952);
Halili
and
v. PSC,
12
years
92a Phil.
ofPorts
age
1036(1953))
the
full As
price
of
Telecommunications
Commission,
notice
No aXIII
-7 The
Philippine
Authority
(PPA)
As
No
III
VIII
- -The
inA.
Mackey
Give
Republic
examples
vs. Afontrya
ofon
thethe
of
Philippines,
443
acts U.S.
of
1,through
because
state
Court
indicated
in
a
dictum
in
Manotok.
v.
National
andheld
hearing,
but merely
basis
of the
report
admission
tickets
instead
of
only
one-half
of
the
General Manager issued an administrative order to
which
of
the
compelling
Department
infringe the
government
ofdue
Public
process
interest
clause:
and
inofsafety
Highways
The
second
Department
order
ofexisting
requiring
Education,
the
Culture
company
and
to Sports
pay ato
Authority,
150
SCRA
89,
that
the
amount
thereof.
youregular
hold
the
ordinance
the
military,
cancelled
theWorks
franchise
stationalong Housing
the effect
that
allWould
appointments
1. instreets,
its substantive
aspect
(1%)
the
(DPWH),
constructed
the
license
a
of and
new
a driver
highway
who refuses
linking to expropriation
charged
unpaid
supervisory
them
of
administratively,
a
commercial
fees
under
center
the
for
Public
which
so
that
Service
reason
XX.
Discuss
the legality
of:
valid
exercise
of
legislative
power
by
theto
harbor pilot positions shall remain valid onlythe
up
2. in itsthe
procedural
(1%)
take
Metro
Manila
breathalyzer
and aspect?
Quezon
test
province,
may beand
suspended
which
they
Act
profits
cannot
were
derived
be
required
sustained.
from
its
operation
to
The
answer
company
can
and
be
has
used
formally
a
for
municipality?
Why?
December 31 of the current year and that
SUGGESTED
(b)
Thethoroughfare
cancellation
ANSWER:
of the
franchise
of the
SUGGESTED
immediately
major
pending
traversed
a post-suspension
the land
owned
hearing,
by
housing
projects
is
acommittee
taking
for abe
private
purpose.
investigated
right
to be
heard,
byANSWER:
abefore
it may
composed
to
of pay.
the
henceforth
all
appointments
toordered
harbor
pilot
1.) there
station
A Pandoy.
law
onmust
October
violates
substantive
1987. for
due
process
The
ordinance
is
void.
As
held
in
Balacuit
v.
Court
but
Mang
be
Thea6,
government
provision
neither
a post-suspension
filedwhen
any
Division
(Ang
Tibay
Superintendent
v.
CIR,
69
Phil.
of
635
Schools
(1940))
as
The
Chairman,
third
positions shall be only for a term of one year from
SUGGESTED
it is unreasonable
or unduly
oppressive.
For
of
First
Instance
of subject
Agusan
delthat
Norte.
163and
SCRA
hearing.
expropriation
Thus,ANSWER:
proceedings
to save
the proposed
nor
paidlawany
from order
the
Division
can
be justified.
Supervisor
The fact
as
member
the TRB
has
aor
date
of
effectivity,
to
yearly
renewal
The
cancellation
thethe
franchise
ofofthe
station
ondue allowed
example,
Presidential
Decree
1717,
182
[1988],
the
ordinance
is
unreasonable.
unconstitutionally
compensation
to of
Mang
on
Pandoy
groundNo.
for
the
denial
land which
of
thus
teacher,
a
as
provisional
another
member.
rate
increase
On
the
does
basis
not
of
bind
the
cancellation by the PPA after conduct of a rigidIt
October
6,
1987,
without
prior
notice
and
hearing,
cancelled
theas
mortgages
and
liens
of a
debtor,
sellers
of
of evidence
their property
process,
taken
and
itall
used
should
provide
a public
for
road.
an
immediate
hearing itdeprives
evidence
to makethe
the
adduced
order
permanent
at the
thetickets
formal
if the
investigation
evaluation
of
performance.
Pilotage
as a
is
void.considered
As held in Eastern
Corp.being
was
unconstitutional
for
without
due
process.
A
ticket
is
a
property
right
upon
suspension
of
theBroadcasting
driver's license.
The later
which
submitted
amply
established
does
not
justify
their
increase
guilt,
but,
Director
on and
profession may be practiced only by the
duly
licensed
Mang
Pandoy
filed
aviolates
suit
the
government
(DYRE)
v. Dans,
137
SCRA
647
oppressive.
Likewise,
as against
stated
in Ermita-Malate
may
be sold
for
such
price
as the
owner
of it the
can
proposed
law
the(1985),
rightthe against the
rendered
contrary,
a who
warrants
decision
meting
outfive
of
torates.
them
individuals,
havethe
toreduction
pass
government
to
compel
payment
for the value
his land.
The
cardinal
primary
requirements
administrative
Hotel
and
Motel
Operators
Association,
Inc. v.
There
is
nothing
pernicious
in
charging
unreasonable
searches
andin of
seizures.
ItCity
will obtain.
penalty
of removal
from office. The decision was
professional
examinations.
DPWH
filed
a(one
motion
to
dismiss
the
on
the
proceedings
of
is to
that
the
parties
must
Mayor
of
Manila,
20which
SCRA
849,
acase
law
which
is
children
price as
adults. and the Civil
authorize
police
authorities
stop
any
driver
and
affirmed the
by same
the DECS
Secretary
ground
that
the
State
is
immune
from
suit.
Mang
first
be
heard)
as
laid
down
in
Ang
Tibay
v.
CIR,
69
vague
so
that
men
of
common
intelligence
must
ask him to take the breathalyzer test even in the Service Commission.
Eminent
Domain;
Pandoy
filed
opposition.
Resolve
motion.
Phil.
(1940)
must be
observed
inthe
closing
guess635at
meaning
and
differ
as
toa its
absence
of
aitsan
probable
cause.
The Harbor
Pilot Garnishment
Association (1994)
challenged the
On
Due
No.
appeal,
14:
Process;
The
Municipality
they
Suspension
reiterated
of Antipolo,
the
of
arguments
Driver's
Rizal,License
theyit
(5%)
radio
stationviolates
because
radio broadcasts
are a form
application
substantive
due process.
As
validity of said administrative
order
arguing
that
(1992)
raised
expropriated
before
the
the
property
administrative
of
Juan
bodies,
Reyes
namely:
for
use
as
of
constitutionally-protected
held
in Tanada v. Tuvera, expression.
146 SCRA 446, due
violated the harbor pilots' right to exercise their
Due
SUGGESTED
Process;
ANSWER:
Urgent
Public
Need
(1987)
(b)
No,
They
3;
Congress
were
deprived
is
considering
of
due
process
a
law
of
against
law
as
a
public
market.
The
Municipal
Council
process requires that the law be published.
profession and their right to due process of law
No. II:
The
motion
The Manila
to dismiss
Transportation
should be denied.
Company
Asapplied
held in drunken
the
Investigating
driving.
Under
Committee
the
legislation,
was
improperly
police
appropriated
Pl,000,000.00
for the
purchase
of the
and that
the
said
administrative
order
was
issued
Due
Process;
Represented
a300
Non-Lawyer
Resolve
for
Amigable
upward
the
v. Cuenca,
adjustment
two
points
43 SCRA
of inby
itsthe
rates
petition
(1972),
beforewith
when
the lot
constituted
authorities
because
may
ask
it did
any
not hearing.
include
driver
teacher
ina
but theprior
Regional
Trial
Court,
on theato
basis
ofPPA
the
without
notice
and
Thetake
2.)
InGovernment
State Prosecutors
v. Muro,
236
SCRA
505,the
it
reasons.
(1988)
Transportation
the
Regulatory
expropriates
Board.
private
Pending
property
representation
"breathalyzer
of the
wherein
teachers'
theorganization
driverwas
exhales
as
evidence,
value
at P2,000,000.00.
1)valid
countered fixed
thattest",
the
administrative
order
SUGGESTED
No.
Norberto
ANSWER:
Malasmas
was
of hearing,
estafa
was 5:
held
that
dismissal
of itaaccused
without
the
petition,
without
paying
the the
compensation,
TRB,
without
previous
iscase
deemed
to have
required
several
times
byaction
the
intoMagna
a device
which
for
Public
can to
determine
School
What
can
Juan
Reyes
take
as it legal
was
issued
inCarta
the
exercise
of its
The petition
for
certiorari
should
granted,
benefit
before
the
ofaitsageneral
Regional
hearing
Trial
andfrom
Court
without
ofbe
any
Manila.
notice
After
to the
granted
waived
immunity
nationwide
suit.
provisional
Otherwise,
increase
the whether
Teachers
he
(R.A.
hasNo.
been
4670,
driving
Sec.under
9).
the influence
administrative
control
and
supervision
over
1. As
a party
directly
by
the
operation
the collect
the
trial,
heInwas
foundaffected
guilty.
On
appeal,
his of
SUGGESTED
the
balance?
ANSWER:
2) Can
Juan
the
prosecution
violated
due
process.
Likewise,
as
of
constitutional
rates.
guarantee
another
Order,
that
private
TRB
property
required
shall
the
of
alcohol.
The
results
of the
testReyes
cancharter,
beask
used,
in
harbor
pilots
under
PPA's
legislative
and
ferrybe
service,
the
Municipality
ofCourt
Macabebe,
The
were
deprived
due
of it
held
conviction
intaken
People
was
affirmed
v.
Court
by
ofthe
Appeals,
of 262
Appeals.
SCRA
Trial
company
not
to for
pay
public
the use
unpaid
without
supervisory
payment
offees
just Regional
any
legal
proceeding
against
him.
Furthermore,
that teachers
in
issuing
the order
as aofrule
orprocess
regulation,
Pampanga
was
entitled
to beService
notified
the declaring
law.
Court
to
Section
garnish
9executive
of
thethe
Municipality's
Magna
Carta
account
forlicense
After
ofbehis
case
had
been
remanded
452,
the records
lack
of
impartiality
ofdirectly
the
judge
whoby
will
collectible
compensation
under
will
the
Public
rendered
nugatory.
Law.
After
due
that
the
ofora legislative,
driver's
was Under
performing
itsissuance
and
LTFRB
itshearing,
proceedings
relative
to
Land
Bank?
SUGGESTED
ANSWER:
Public
School
Teachers,
one of thetomembers
of1)
decide
to
the Regional
aofcase
violates
Trial Court
forbasis
execution,
due
process.
and
notice
and
onprocedural
the
ofMacapinlac's
the
evidence with
gives
rise
only
to function.
a privilege
drive motor
not athe
quasi-Judicial
application,
even
if the
Municipality
had
thecollect
committee
thepublic
balance
mustroads,
beofa Judgment,
teacher
asisstated
a that
in a
after
the latter
Court
had
set the date
fornot
thenotified
presented
by
Manila
Transportation
Company
and To
vehicles
on
the lawwho
provides
Eminent
Domain;
Indirect
Public
Benefit
LTFRB
of of
theTRB
existence
ofanthe
municipal
ferry
representative
vs. refuses
Municipal
of the
or inthe
its
of Iloilo,
absence,
Phil.
any
promulgation
judgment,
the
accused
filed
a the Tan
the
Oppositors,
issued
Order
reducing
driver
who
to
take
test 49
shall
be
Due Toco
process
of
law local,
isCounsel
classified
into
two
kinds,
Due
Process;
Order
(1991)
service.
(1990)
Notice
by
wastonot
existing
or due
national
organization
of
52,
Juanprovincial
Reyes
may
levy
patrimonial
motion
with
the
Court
of Appeals
setenough.
aside the
rates
applied
forProvisional
bypublication
one-fourth.
automatically
subject
to aon
90-day
suspension
of
namely,
procedural
process
and
substantive
No
No.
72:of
- The
On
29
City
ofand
1991.
Cebu
the
passed
Energy
Regulatory
ordinance
(Municipality
of July
Echague
Abellera,
146
SCRA
teachers.
According
toWas
Fabella
Court
ofIf there
of
the
Municipality
ofv.Antipolo.
it has no
entry
judgment,
to v.
remand
thean
case
to the180 properties
his
license,
duedriver's
process
of law.
there,
or, was
Board
proclaiming
(ERB),
in
response
expropriation
to trial
public
ofclamor,
a ground
tenissued
(10)
(1986)).
Appeals,
283
SCRA
256pilots'
(1997),
to to
beexercise
considered
no
patrimonial
properties,
in accordance
with the
Regional
Trialthe
Court
for new
on
the
violation
of
the
harbor
right
their
Characterize
thediscovered
powers
exercised
byLeonilo
the
TRB in
a resolution
hectare
property
approving
of
C Company,
and
adopting
which
a
property
schedule
is this Municipality
Cite
two [2]and
possible
constitutional
objections
to
the
authorized
representative
such
of
Makati
vs. Court
of
Appeals,
190
that
he had
just
that
"Atty.
profession
their right
to of
due
process
of law?
case
and
determine
whether
under
the
present SCRA
for bringing
already
a developed
down
commercial
the
pricesand
center.
ofwho
petroleum
The
this
the ofobjections
and
explain
organization,
theremedy
teacher
must
chosen
thea
206,Resolve
the
Juanbe
Reyes
is toby
file
Maporma"
whom
he had
chosen
hadCity
(5%) law.
2. Where
atoferry
operation
lies
entirely
within
the
constitutional
system
the
Transportation
Regulatory
products
proposed
over
operate
a period
of one
commercial
year
starting
center
15
in
whether
anymandamus
such
infirmities
organization
itself
and
not
bycan
the be
Secretary
of
petition
for
to compel
thecured.
Municipality
acted
as his
counsel
before
the(1)
trial
court
and
the
SUGGESTED
ANSWER:
municipality,
prior
approval
ofthe
thepowers
Municipal
SUGGESTED
ANSWER:
Board
can
bethe
validly
conferred
exercised
August
order
toAppeals,
1991,
finance
over
the
housing
objection
project
of for
the
city
oil
Education,
Culture
andpilots
Sports.
Since
in funds
of
Antipolo
appropriate
theto
necessary
to
Court
of
is a
not
a lawyer.
Resolved
the
The
right ofto
the
harbor
due process
was
government
isaccused
necessary.
....
Possible
objections
the law
that requiring
a
by
it in issuing
the
Orders
given
above.
companies
employees
which
in
theclaim
vacant
that
the
portion
period
of Explain.
covered
the said
is
administrative
proceedings,
due
process
requires
satisfy
the
judgment.
motion
of the
with
reasons.
violated.
Am
held
in to
Corona
vs.are
United
Harbor
driver
totribunal
take thebe
breathalyzer
will
violate
too long to
property.
The
prejudge
ordinance
andfixed
foresee.
the price
Is theofresolution
the land
that
withtest
jurisdiction
andhis
be
Pilotsthe
Association
ofvested
the Philippines,
283
SCRA
31
Due the
SUGGESTED
Process;
Permit
to Carry Firearm
right
against
self-incrimination,
that
for
so
constituted
as
a person
charged right
valid?
and
value ANSWER:
of
the improvements
to beOutside
paid C
(1997)
pilotage
astoa afford
profession
is a providing
property
SUGGESTED
The
motionon
orders
in
should
this
ANSWER:
be
granted
involve
and
theprevailing
exercise
the entry of
ofland
Residence
(Q6-2006)
the
suspension
his driver's
without
any
administratively
aguarantee
reasonable
guarantee
of The
Company
thecase
basis
of the
protected
by theof
of license
due process.
No,
judgment
judicial
the
function
resolution
should
be
isan
set
invalid,
administrative
aside.
since
AnFirearm
accused
theagency,
Energy
is and
3. Does
a Permit
to
Carry
Outside
2)
Pursuant
the
ruling
inwho
Pasay
City
hearing
violates
due
process,
that
the ofofthe
impartiality,
iftothe
teacher
is alicenses
member
the
value
and
cost
ofby
construction.
pre-evaluation
cancellation
of and
the
Regulatory
entitled
therefore,
to as
be
Board
aheard
general
issued
byforhimself
rule,
the
resolution
orcardinal
counsel.
without
primary
(Art.
a
Residence
(1)
As
(PTCFOR)
counsel
constitute
C the
Company,
a property
give
right
two
Government
vs.
Court
ofisthe
First
Instance
ofand
Manila,
proposed
law
will
violate
right
against
committee
was
not
appointed
in
accordance
with
harbor pilots
every
year
unreasonable
hearing.
III,
rights
sec.
enumerated
14(2)).
The
resolution
Unless
in Ang
he
here
Tibay
istorepresented
isthe
not
v. CIR,
a provisional
69byPhil.
constitutional
objections
validity
ofanthe
protected
by the
Constitution?
(2.5%)
132
SCRA
156,
since
theand
Municipality
of Antipolo
unreasonable
searches
seizures,
because
it
the
law,
any
proceeding
before
violated
their
right
to substantive
due process.
SUGGESTED
ANSWER:
order
attorney,
635
(1940)
andthere
therefore
must
is be
a great
itobserved.
candanger
only be
Inthat
Vigart
any
ordinance.
has
P1,000,000
allows
police is
authorities
to to pay
The appropriated
renewal

(per Dondee)
pursuant
should
declarations,
betoSIX
Presidential
which
in
perRepublic
cent
amount
(6%)
Decree
vs.
was
a year.
Gingoyon,
No.
lower
Central
1533,
thanGR
the
Bank
no.
providingNo.
Circular
assessed
that
value
416,
in
as
determining
which
determined
increased
just
by
compensation
the
thethat
assessor.
legal
166429,
Dec.
19,
2005,
the SC
held
RA 8974
for private
interest
The
landowners
to twelve
property
percent
acquired
the
(12%)
expropriation
through
a year
eminent
is
not
on the
now
requires
fulloppose
payment
before
the
State
may
domain proceedings,
applicable
grounds
that:
to the expropriation
the
compensation
property
to and
be paid
is
exercise
proprietary
rights
inof an
expropriation
(a)
the
same
is not
public
use; and
shall
limited
not
toexceed
loans,
since
thefor
value
its
issuance
declared
isby
based
the owner
on
proceeding
and
making
the
previous
ruling
obiter
(b)
assumingDecree
it is
for
public
the
or determined
Presidential
by
the
No,
Assessor,
116, use,
which
pursuant
amended
to thethe
dictum.
compensation
mustCode,
be based
on thevalue
evidence
Real Property
Usury
Law. Tax
whichever
is
Equal
Protection;
Alien
Employment
(1989)
presented
intocourt
and
not,
as provided
in
lower, prior
the recommendation
or decision
of
Eminent
No
An ordinance
Domain;
ofNon-observance
the City
oftoManila
of
requires
the
presidential
decrees
prescribing
payment
of
the 18:
appropriate
government
office
acquire
the
policy
value
every
stated
of
alien
"allindesiring
or
the
none"
owner's
to(2000)
obtain
tax declarations
employment
or theof
property.
No VIII.
Madlangbayan
is casual
the owner
of ais 500
value
whatever
determined
kind, including
by the assessor,
whichever
and part-time
Mr. Rivera
square
meterinlot
appealed,
was
insisting
the birthplace
that ofjust
the
lower.
employment,
thewhich
city to
secure
an employment
compensation
for
should
be
founder
of a the
religious
sect property
who
permit
from
City his
Mayor
andadmittedly
to pay
a played
work
If
you
were
judge,
youcould
rule
onculture.
the
determined
an
important
role
Commissioners
inIshow
Philippine
who
history
and
evaluate
permit
fee
ofby
P500.
the would
ordinance
valid?
issue?
Why? on
all evidence
the realCommission
value of the(NHC)
property,
at
The
National
Historical
passed
SUGGESTED
ANSWER:
the
a
resolution
time of declaring
its
taking
it aby
national
the government.
landmark andHe
on
(a)
No,
the
The ordinance
contention
not
that
valid.
the
In
taking
Villegas
of
vs.
private
Hiu
maintains
that the is
lower
in
relying
onto
its
recommendation
thecourt
lot erred
was
subjected
property
Chiong
Tsai
forDecree
Pao
the Ho,
purpose
861533,
SCRA
ofwhich
270,
constructing
itopposed
was
held
an
Presidential
expropriation
proceedings.
No,
This
was he
claims
isby
aqueduct
that
such an
for ordinance
flood
control
violates
is notequal
for public
protection.
is
It
unconstitutional.
Madlangbayan
on the
following
grounds:
a)use"
that the
untenablefailed
to consider
The tract;
idea
the that
valid
"PUBLIC
substantial
USE"
differences
means
lot is not
a vast
b) that
those to
be
benefited
How
you
decide
the only
appeal?
Explain
exclusively
among
the use
aliens
by
the
required
public
to
haspay
themembers
discarded.
fee.your
Theof
by
thewould
expropriation
would
bebeen
the
answer.
As
same
long
among
as the
purpose
itof being
of the
collected
taking
public,
every
the
the
religious
sect
its founder,
and c)isfrom
that
the
NHC
SUGGESTED
ANSWER:
exercise
employed
of power
alien,
ofwhether
eminent
domain
he of
is is
casual
justifiable.
orof
has
not initiated
the
expropriation
birthplaces
The decision
ofdeserving
the
court
should
be
reversed.
Whatever
permanent,
may
part-time
be lower
beneficially
or full-time.
employed
Thepersonalities.
ordinance
for the
other
more
historical
In
EPZA
v, opposition
Dulay,
149the
SCRA
the
general
also
violates
welfare
due
satisfies
process,
because
requirement
it (1987)
does
of public
not
Resolve
the
raised
by 305
Madlangbayan.
Supreme
Court
declared
PD
No.
1533
to
be
an
use.
contain
(Heirs
any
of
standard
to
guide
the
mayor
in
the
(5%)
Juancho
Ardona
v.
Reyes,
123
SCR
A
220
(1983))
unconstitutional
encroachment
on
the
prerogatives
exercise of the power granted to him by the
SUGGESTED
ANSWER:
of
the judiciary.
Itit was
explained
thatunrestricted
although a
ordinance.
Thus,
confers
upon him
(b)
But
the
contention
that
the
Presidential
Decrees
The
arguments
of
Madlangbayan
notisto
court
would
technically
have
the
power
power to allow or prevent an activity are
which
providing
that
in
determining
just
compensation
meritorious.
According
to
Manosca
v.
Court
ofthe
determine
the
just
compensation
for
property
under
lawful per se.
value
stated
by
the
owner
in
his
tax
declaration
or
Appeals,
252
SCRA
412
(1996),
the
power
of
the Decree, the court's task would be relegated to
that
determined
by
the
assessor,
whichever
is
lower,
eminent
domain
is
not
confined
to
expropriation
of
simply stating the lower value of the property as
in
unconstitutional
isthe
correct.
In or
EPZA
Equal
Protection;
Invidious
Discrimination
vast
tracts
of theby
land.
The
expropriation
ofassessor.
the lot
declared
either
owner
by v.
theDulay.
(1987)
to
preserve
it as the
birthplace
of the
of
Just
compensation
means
the value
of founder
the property
G.R.
No.
59603,
April
29,
itofwas
held
No.
VI:
Marina
Neptunia,
daughter
ainsea
captain
the
religious
sect
of
his
role
Philippine
at the
time
of
thebecause
taking.
It1987,
means
fair
andthat
full
this
method
prescribed
just it
and
sister
toforfour
marine
officers
decided
as a child
history
and
culture
forfora ascertaining
public
purpose,
equivalent
the
lossis sustained.
To determine
compensation
constitutes
impermissible
to
follow in
her father's
her
growing
up
because
public
use
is footsteps.
nooflonger
restricted
toofthe
requires
consideration
theanIn
condition
the
encroachment
on
the
prerogatives
of courts.
It
years
sheand
was
much
at home
onexpropriation
board
a boat
traditional
concept.
The fact
that
property
itsas
surrounding,
its the
improvements
and
tends
to
render
courts
inutile
in
a
matter
which,
as
she
was the
in the
family home
the sea.sect
In time
will
benefit
members
of thebyreligious
is
capabilities.
under
the
Constitution,
reserved
to them
for final
she
earned
a Bachelor
ofthatScience
degree
in
merely
incidental.
The is
fact
other
birthplaces
determination.
although
under
decrees
the
Marine
major
in the
Navigation
and
have notTransportation,
been For
expropriated
is
likewise
not a valid
courts
stillopposing
have
the
to determine
just
Seamanship.
She served
her apprenticeship
basis for
the power
expropriation.
As heldfor
ina
compensation,
their
task
is
reduced
to
simply
Eminent
Just
Compensation
(1989)
year
in aDomain;
merchant
marine
vessel
registered
for
J.M.
Tuason
and Company,
Inc. v. Land
Tenure
determining
the
lower
value
ofin the
property
as
No, 6: trade
A law
provides
that
the
of
foreign
and
another
year
on
a event
merchant
Administration,
31
SCRA
413
(1970),
the
declared
either
by the
or by
assessor.
expropriation,
the
amount
to
be the
paid
to But
a
marine
vessel
registered
forrequired
coastwise
trade.
expropriating
authority
isowner
not
to
adhere
to
"JUST
COMPENSATION"
means
the
value
ofthe
the
landowner
compensation
shall
be either
to
become
a"all
full-fledged
officer
she had
to
the
policy ofas
or none". marine
property
atappropriate
the time
of the
taking.
Its or
determination
swornthe
valuation
made
by
the
owner
the official
pass
board
examinations
before
requires
thatthereof,
all facts
as
to theis condition
the
assessment
lower.
Canofthe
she
could
get
herwhichever
professional
license
and
property
and
its
surroundings
and
its
Eminent
Power
to January
Exercisethe
(2005)
landownerDomain;
successfully
challenge
law
in
registration.
She applied
in
1986
to take
improvements
and your
capabilities
must
be
(10-2)
Sangguniang
Bayan
of
court? The
Discuss
answer.
examination
forbriefly
marine
officers
butthe
herMunicipality
application
considered,
and
thispassed
can only
bethe
done
a1
judicial
SUGGESTED
of
Santa,
Ilocos
ANSWER:
Sur
Resolution
No.
was
rejected
for
the
reason
that
lawin
Regulating
proceeding.
Yes,Practice
authorizing
the landowner
its
can
toProfession
initiate
successfully
a petition
challenge
for the
the
of Mayor
Marine
in the
Philippines
the lawDec.
expropriation
in court.
of aAccording
ownedto
the
Christina
decisionprescribes
asinsite
(Pres.
No.
97lot(1973)
) by
specifically
Eminent
Domain;
Socialized
Housing
(1996)
Export
for
its"No
municipal
Processing
sports
Zone
center.
Authority
This
vs.
was
approved
149
that
person
shall
be
qualified
forDulay,
examination
No.
4 -305,
Theofficer
City
ofa
Pasig
initiated
expropriation
SCRA
by
the
Mayor.
such
However,
law isthe
unconstitutional.
Sangguniang
First of
as
marine
unless
he
is:
proceedings
one-hectare
lot which
is
all, it violateson
Panlalawigan
due
of aIlocos
process,
Sur because
disapproved
it denies
theparttoof
a
ten-hectare
parcel
of
land
devoted
to
the
the landowner
Resolution
as there
the opportunity
might still to prove that the
growing
The purpose
of the
valuationofinvegetables.
the tax declaration
is

wrong.
be
expropriation
otherSecondly,
available
is tothe
use
lotsdetermination
in
theSanta
land
as
forthe
aaof
relocation
sports
just and
Marina
feels
very
aggrieved
over
denial
compensation
center.
site
for
200tofamilies
in expropriation
along
cases
the
is to
aPasig
judicial
has
come
you
for squatting
advice. She
wants
know:
function.
river.
(1)
a) Whether
Can
Since
theunder
owner
the Board
Section
of the
of property
Examiners
9, Articleoppose
IIIhad
of the
any
1987 Constitution
Nonetheless,
the
plausible
or legal
the basis
Municipality
private
forproperty
rejecting
of Santa,
shall
her not
through
be its
onExplain
the ground
that only 200
takenexpropriation
application
forfiled
public
in 1986.
without
just
briefly.
no
Mayor,
a use
complaint
for compensation,
eminent
domain.
(2)
out Whether
of
the more
the
than
1987
10,000
Constitution
squatter
law can
mandate
that
its
as to the
Christina
opposed
this
ondetermination
the
following
grounds:
familiesher
in Pasig
City
benefit
from
thethe
guarantees
theshall
right
towill
admission
to findings
take
just compensation
prevail
over the
1
expropriation?
coming
the
January
Municipality
Explain.
1988 marine
b)
of Can
Santa
officers
the
has
Department
no power to
of
of the court.
expropriate;
Agrarian
examinations.
Reform
Explain and cite relevant
Eminent
require
Domain;
the CityNo.
Just
of Pasig
firstvoided
secure
(1998)
2
provisions.
Resolution
1Compensation
has to
been
since
No VI.
authority
The City
from
ofPanlalawigan
Cebu
said Department
expropriated
before
the property
the
Sangguniang
disapproved
it for
converting
the
use
of the
land
from parking
of Carlos
being
arbitrary;
Topico
and
for
use
as a
municipal
agricultural
to housing? of
Explain.
lot. Thethe
3
Sangguniang
Municipality
Panlungsod
Santa SUGGESTED
has other
appropriated
and
better
lotsa)
for
that
purpose.
ANSWER:
No,
the
owner but
of the
P10
million
for
this
purpose
theproperty
Regional Trial
cannot
Resolve
oppose
the
the
expropriation
with reasons.
ground
Court
fixed
thecase
compensation
foron
thethe
taking
of the
that
(5%)only
200million.
out of more than 10,000 squatter
land
at P15
1.
SUGGESTED
What
legal
ANSWERS:
if any,
families
in Pasig
Cityremedy,
will benefit
fromdoes
the Carlos
a)
UndertoAs
Section
19
of
R.A.Columbian
No.P57160,
Topico
have
recover
balance
of
millionthe
expropriation.
held inthe
Philippine
power
eminent
isSCRA
explicitly
to the
for
the of
taking
of Pants,
hisdomain
land?
Association
vs.
228[3%]
668,granted
the
SUGGESTED
ANSWER:
municipality,of private
but
must
be exercised
through an
acquisition
property
for socialized
1.
Theisremedy
of use
Carlos
Toplco
ordinance
than
ato levy
resolution.
housing
forrather
public
andthrough
the factisthat
only on
a
the
patrimonial
properties
of v.
theV.M.
City
Cebu.Corp.,
In
(Municipality
ofParanaque
Realty
few
and not everyone
will benefit
fromof
the
IG.R.
will also
sustain
the
thatthe
thenature
ordinance,
Municipality
ofdoes
Paoay
vs
Manaois,
86
Phil
629.
No. 127820,
July
20,
1998)
expropriation
notcontention
detract
from
of
evenpublic
though
the held:
compensation for the land
632,
the
Supreme
Court
the
use.it fixes
however,
which
patrimonial
on the "Property,
basis of the
prevailing
landis value
cannot
and
which
is held
by
a municipality
in itsfor
b)
No,displace
the
of Agrarian
Reform
TheDepartment
Sangguniang
Panlalawigan
Ilocos
really
judicial
determination
of theofcannot
price
proprietary
capacity
asfactors,
treated
bydisapprove
the
require
Pasig
City to
first
secure
authority
from
it
Sur simple
was
without
the
authority
to some
the
reason
that
many
ofgreat
them
weight
of1 authority
asthe
theland
private
asset
of
before
converting
the
use
from
Resolution
No.
as possibly
the of
municipality
clearly
supervening,
cannot
be
considered
byhas
the
the
town
and
may
be
levied
upon
and
sold
agricultural
to
residential.
According
to
Province
of
the
power
to
exercise
the
right
of
eminent
domain
legislature at the time of enacting the ordinance.
under
an
ordinary
execution."
Camarines
Sur
vs.
Court
of
Appeals,
222
SCRA
and
its
Sangguniang
Bayan
the
capacity
to
There is greater reason for nullifying the use of the
173,
there
issaid
no provision
in The
the Comprehensive
promulgate
resolution.
only ground
upon
cost
of construction
in the
ordinance
as basis
for
If
the City
of Cebu
does
not
havedeclare
patrimonial
Agrarian
Lawthe
which
subjects
the
which
aReform
provincial
board
may
compensation
for
improvements.
The any
fair
properties,
theofremedy
of Carlos
Topico
isinvalid
tonot
file ais
expropriation
landsor
byorder
local
municipal
resolution,
market
value
ofagricultural
the ordinance
improvements
may
be
petition
for
mandamus
to
compel
it
to
appropriate
government
to
control
of the
Department
when tosuch
resolution,
ordinance
order cost
is
equal
the units
cost
of the
construction.
Theor
original
money
to
the
Inthe
Municipality
of
Agrarian
Reform
and
to
require
approval
from
beyond
thesatisfy
powers
conferred
upon
the
council
or
construction
may
beJudgment.
lower
than
fair
market
Makati
vs.
Court
of
Appeals,
190
SCRA
206,
213.
the
Department
Agrarian
Reform
will
mean
that
president
making
theof construction
same.
Such
not
theof
value,
since
the ofcost
atis
the
time
the
Court
said:
itexpropriation
is Supreme
not the
government
unit
but the
situation
in local
this
case.
(Moday
v. Court
of Appeals,
may
have
increased.
"Where
a
municipality
fallswillor refuses,
Department
of Agrarian
Reform
who
G.R. No. 107916,
February
20, 1997)
without
justifiable
to effect payment
determine
whether
or not reason,
the expropriation
is for a
of
a
final
money
judgment
rendered against
ALTERNATIVE
ANSWER:
public
use.
it, the
may avail
of theis remedy
The taking
of claimant
the commercial
center
justifiedof
mandamus
in
order
to
compel
the
enactment
Eminent
Domain;
Writ
Possession
by the concept
c)
The
question
of indirect
of of
whether
public
benefit
there is(1993)
since
genuine
its
offor
the
necessary
appropriation
No,
5: Inand
expropriation
proceedings:
Can
the
operation
necessity
for
is approval
intended
the expropriation
the
development
of Christina's
oflot
theor
ordinance,
andhas other
the
corresponding
judge
withhold
issuance
of the
writ
of lots
vacantvalidly
whether
portion
the municipality
for socialized
housing,
and
better
which
is
disbursement
of
municipal
funds
therefor."
possession
untilpurpose.
full
thewill
final
value
clearly
for
the apurpose
public
is apayment
matter of
that
have
to ofbe
the
expropriated
resolved
by theproperty?
Court upon presentation of
SUGGESTED
ANSWER:
Eminent
Domain;
Just
Compensation
(1988)
evidence
by
the
parties
to
the case.
ALTERNATIVE ANSWER:
No.
No,
8:
the
Mr.
judge
Roland
cannot
Rivera
validly
is
the
withhold
owner
the
of
four
issuance
lots
1. He can file the money claim with
the
sought
to
be
expropriated
by
the
Export
of
the
writ
of
possession
until
full
payment
of
the
Commission on Audit.
Processing
Eminent
Authority
Public Use
for property.
the
(1987)
expansion
of the
final
valueDomain;
ofZone
the expropriated
As held
in
export
No.
XVI:
processing
In
January
zone
1984,
at
Baguio
Pasay
City
City.
filed
The
same
National
Power
Corporation
vs.
Jocson,
206
Eminent Domain; Legal Interest (1993)
parcels
expropriation
ofexpropriation
land
proceedings
had
been
valued
against
byseveral
the
Assessor
SCRA
520.
it is
the rninisterial
duty
of
Judge
No,
5: In
proceedings:
1)the
What
at
landowners
P120.00
per
for
square
the
construction
meter,
while
of
an
Mr.
aqueduct
Rivera
for
to
issue
the
writ
of
possession
upon
deposit
of had
the
legal interest should be used in the computation
previously
flood
control
fixed
in
a
the
barangay.
market
value
Clearly,
of
only
the
same
the
at
provisional
value
of
the
expropriated
property
with
of interest on just compensation?
P100
residents
per square
of that
barangay
meter. The
would
Regional
be benefited
Trial Court
by
the
National
or ANSWER:
Provincial
Treasurer.
SUGGESTED
decided
the
project.
for
As
expropriation
compensation,
and
ordered
the
city
offered
the
payment
to
As held in National Power Corporation vs. Angas.
ALTERNATIVE
ANSWER:
to
pay
Mr.
only
Rivera
the542,
amount
at the
rate
declared
of P100
by
athe
square
owners
meter
in
208
SCRA
in accordance
with
Article
2209
their
tax
of the Civil Code, the legal interest

Court
Equal
cannot
O'Lone
would
a)
abridgement
Times
Lorenzo
Cowboy
In
time
DECS
Johann
the
No,
bar
and
admitted
adds
criminal
be
v.
the
Secretary
serve
topnotcher
vs.
was
Protection;
us.
Levy's,
United
place
held
subsidy
Estate
life
Director
charged
by
as
on
case
imprisonment,
by
applied
States,
the
aissued
Mondays
Jeans
of
valid
is
who
the
government.
against
Shabazz,
of
not
with
Invidious
for
Health.
accused
403
basis
was
to
permissible.
company,
rape
will
them
at
U.S.
"B"
infor
7:30
and
block
the
107
50
in
for
adistinguishing
713
Itat
court
Discrimination
Phil
notice
therefore,
premises
does
a.m.
recently
S.
murder,
the
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(1971)
ItCt.
595,
but
will
traffic
during
not
of
pre-trial.
2400,
prior
foster
the
is) the
in
598,
the
Supreme
Court
held:
(1987)
convicted
class
religion,
therefore
With
released
the
illegality
applying
duration
San
visiting
greater
days.
Miguel
since
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aAadvertisement
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REO
imprisonment
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Quiapo
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DOCTRINE,
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Districts.
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ably
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When
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the
ALTERNATIVE
"Judicial
notice
ANSWER:
will
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No.emergency
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exercise
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Richard
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Mariano
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privilege
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This
against
was
in
self-incrimination?
denied
evidence?
by
the
Why?
judge,
(5%)
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SUGGESTED
leprosy
is
commonly
ANSWER:
believed
to
be
anof this
enrolment
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Since
media
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In
imposable
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atheir
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ignored
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Seminary
venue
malpractice
VI
considered
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the
on
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in
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After
the
prosecution
The
infectious
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conversation
tending
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cause
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not
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of
ground
Constitution
an
scope.
the
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continued
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The
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attendance
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counsel
funds
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The
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c)
The
accused
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(2)
On
afflicted
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hand,
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shunned
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United
and
States
excluded
ex
considerations
religious
religion.
Justice
in
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evidence.
his
choice.
Gutierrez
In
belief.
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Lemon
Asagainst
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The
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said,
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Kurtzman.
in
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403
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602,
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InCourt
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refusing
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C,
air
the
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the
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seminary
counsel,
invoked
the
to
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society,
on
a
charge
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murder
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and
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The
1.
Asian
Does
Broadcasting
the
SM
have
Network
acharged
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ateachers
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considering
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Unlike
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suspension
Appeals,
teachers,
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readers
vs.
that
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235
Kross,
financial
students
ofappropriate
the
SCRA
pay
239
printed
assistance
and
and
111
F
Supp
balance
pupils
work,
(1994).
118,
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aradio
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itSan
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C
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Thus
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Rector
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Was
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ameans
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c)
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general,
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giving
will
Limitations
this
scholarship
constitutionally
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vouchers
National
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SCRA
344,
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itmoved
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Appeals.
isof
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276
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619
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Press;
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cancellation
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State
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suddenly
law
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go
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propagates
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acan
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athe
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Virginia,
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Decide
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98252,
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1997)
claiming
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rally
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Schools
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16:
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ANSWER:
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Constitution.
toin
answer
ofthe
and
Transportation
formally
Atty.
Santos
and
as
Clause
aNBI
(1997)
restraint
on
freedom
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speech
and
or
tohave
return
the
goods
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to
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itprior
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against
their
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airing.
evidence
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before
conviction,
nature.
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municipality
later
passed
ato
zoning
privileged
communication
and
absolute
freedom
speedy
trial.
Assufficient
held
In
People
v.
Leviste,
255
As
Privacy
held
in
ofDepartment
Correspondence;
of
Jail
(1989)
and
No.
investigated
he bailable
was
4:religious
incompetent.
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by
request
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committee
The
ofEducation,
1987
aTheir
composed
group
Constitution
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ofoverseas
the
Communications
has
warned
radio
station
assembly.
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Supreme
Court
has
held
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the
bank,
the
entrustee
is
liable
for
estafa
under
the
their
freedom.
expulsion
also
be
by
sureties,
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be
released
ordinance
declaring
the
area
as
aCulture
of
the
press
to
report
on
public
officials
and
SCRA
238
(1996).
since
the
motion
for
Sports
No.
8:religious
While
v.
San
serving
Diego,180
sentence
SCRA
inreferring
533
Muntinlupa
(1989),
the
for
The
contract
b)
Division
requires
Yes,
the
Superintendent
workers
counsel
constitutionally
organization
in
tohis
Brunei,
be
competent
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protected
Schools
Rev.
brought
Father
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liberty
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case
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Sheila
to
la
operators
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itde
as
RPC.
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violates
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duty
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XIV,
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recognizance
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law."
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lot.
Smart
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ison
valid
theft,
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dead
power
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of
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because
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Barroso,
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ato
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time
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place,
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manner
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right
against
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1of
of
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protect
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with
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profession
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teacher,
ablythose
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member.
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On
the
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country
The
waiver
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freedom
President
basic
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human
speech
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the
rights
and
Philippines
is
interferes
void.
to
by
buying
them
to
attack
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present
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public
assemblies,
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content
payment
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debt?
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promote
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quality
right
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ais
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it.
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corporation
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there
"actual
malice"
in
STAR'S
professional
commitment
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qualified.
trial,
the
prosecution
The
arguments
of
Cruz
as
are
evidence
not
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evidence
that speech
his
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afree
relative
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formal
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with
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Solidaridad
right
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exercise
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seeking
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religion.
to
recover
Decide.
minister
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their
needs.
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travel
administration.
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that
the
department
the
Thus,
there
is
no
prior
restraint,
education
and
make
such
education
accessible
where
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evidence
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guilt
is
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contends
that
the
zoning
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reportage?
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defined?
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13
ANSWER:
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the
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blocked
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G.R.
No.
Decide
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Freedom
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Religion;
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5(3),
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letter
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to
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was
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written
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case,
the
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removal
him
and
from
ask
for
office.
another.
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decision
AMills,
lawyer
was
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Organization
the
President's
vs.
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discretionary
Blooming
fund.
Inc.,
Upon
51
to
interested
parties
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169838,
April
25,
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of
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religion
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grounds
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the
motion
to189,
choose
(1988)
should
In
the
a
profession
course
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ofsuperior
inspection,
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to
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by
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the
DECS
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Secretary
issubject
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Civil
SCRA
civil
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Transportation
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FIRST
ALTERNATIVE
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ALTERNATIVE
ANSWER:
No.
The
7:
case
-vs.
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4.
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Rodil,
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175
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that
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accused
Commission.
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On
he
appeal,
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Commission
rights.
onbe
Audit
refused
approval
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Communications.
Since
Senator
XX
is
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trial
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cases
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province.
and
Company,
The
Governor,
Limited
Partnership
the
Vice-Governor,
vs.
FEATIi
and
Television
liability
application
Rights
arises
of
the
Review
for
from
Accused;
a
permit,
and
the
violation
its
Right
members
to
of
Bail;
the
Board
trust
afor
rally,
academic
rules
ofcontinuous
discipline
requirements.
of
the
Bureau
The
rule
ofrequired
does
Prisons
not
and
violate
the
against
arguments
the
lawyer
they
during
raised
the
before
course
the
ofhold
the
claiming
that
the
expenditures
were
in
violation
of
questioned
imputation
isto
directed
against
him
inthe
since
the
date
of
the
initial
hearing
was
setsuch
upon
You
members
ALTERNATIVE
Bank
are
and
approached
of
Trust
its
Sang-guniang
Company,
ANSWER;
by
an
94
interested
SCRA
Panlalawigan
533,
party
affected
are
a
review
receipt,
Deportation
prior
which
to
Case
is
airing.
separate
(1989)
When
and
the
distinct
religious
from
the
equal
considering
prompting
protection.
the
its
contents,
police
There
is
the
a
arrest
substantial
letter
was
them.
turned
distinction
Are
administrative
investigation,
and
bodies,
the
accused
namely:
thereafter
the
Constitution.
his
public
capacity,
inpresenting
this
case
actual
malice
agreement
of
all
parties,
including
the
adversely
all
The
restriction
Moslems.
waiver
by
inprosecutor.
ofthe
Its
that
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budget
contract
order
right
to
of
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the
Secretary
and
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the
the
Governor
over
right
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tothe
organization
loan
secured
started
by
it.
Penalizing
such
its
program
an
act
between
over
arrests
to without
the
medical
judicial
students
warrants
The
and
lawyer
other
lawful?
of
students.
"X"
(2.5%)
subscribes
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truth
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statement
before
means
the
statement
was
made
with
Transportation
with
procreate
zoning
a certain
ordinance,
isitthe
valid.
amount
and
Enforcement
because
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enactment
of the
contract
television,
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the
realm
Unlike
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presentation
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letter
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officer.
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private
professions,
Communications.
discretionary
knowledge
does
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of
moved
SUGGESTED
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valid
action.
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Their
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exercise
complainant,
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strike
entail
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The
its
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funds.
return
right
ANSWER:
was
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itof
medical
iswas
What
police
ato
an
on
Recently,
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power.
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reckless
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police
regarding
also
itdismissed
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violates
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not
Was
No.
15:
the
Commission
May
an
alien
on
invoke
Audit
correct
the
constitutional
incompliance
affects
that
is
Sangguniang
disregard
to
People
power.
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constitutional
the
with
not
marry
right
case
ban
the
arrests
absolute
the
Itvs.
constitutional
on
of
and
for
isoflives
Nitafan,
"X"
hazardous
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failure
are
whether
not
right
Panlalawigan
against
and
sale
of
unlawful.
tothe
to
to
207
is
have
ofitpeaceful
prosecute.
subject
requirement
people.
to
unlawful
blocked
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SCRA
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false
passed
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730)
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search
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is
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orof
is
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limited
Explain
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prepower
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andtoto
for
and
v.a
disallowing
right
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bail
the
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vouchers
the
pendency
inWhat
question?
deportation
your
the
appropriating
SUGGESTED
Court
refund
use
seizure.
petition
interrogation
protection
the
answer.
ofofthe
lot
Decide.
Appeals,
aunder
for
portion
government
advisories,
P100,000
of
residential
ANSWER:
the
301
ofgeneral
the
SCRA
as
for
apurposes,
promotion
confession
aredress
welfare.
special
1 and
/1999).
of
since
expenses
discretionary
Hence
is
grievances.
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presumed
aofthe
penalized
Sec.
13
(a)
14
(a)
B.P.
proceedings?
Equal
tapes
fund
Yes,
there
incurred
Police
highway
SUGGESTED
Rights
to be880
the
of
voluntary
is
may
Protection;
Power;
the
no
Commission
by
crosses
of"the
be
proof
Governor
Solidaridad
the
required
ANSWER:
Abatement
and
that
the
Accused;
Right
the
subdivision
to
the
on
to
declarant
Films.
be
Audit
report
be
to
spent
of
Education
reviewed
Nuisance
Self-Incrimination
was
was
and
by
bears
correct
him
published
the
prior
the
(1994)
inarea
(2004)
in
leading
to as
Big
is
holding
of
any
public
assembly
INo.
airing.
a
with
(9-b)
has
The
SUGGESTED
(1988)
burden
pilgrimage
would
12;
become
knowledge
objection
an
The
of
The
alien
challenge
City
proving
Department
commercial.
ofof
ANSWER:
may
of
his
that
San
the
that
provincemates
not
itits
Rafael
lawyer
is
hisvalidity
false
of
invoke
confession
Education,
passed
must
or with
the
into
be
court
an
Mecca,
reckless
constitutional
is
sustained,
Culture
ordinance
onSaudi
and
the
disallowing
the
expenditures.
Section
29(2),
defined
in
this
Act
by
any
leader
or
organizer
Involuntary
No.
3:According
Juan
Servitude
Sto.
Tomas
(1993)
is
a1987
practicing
dentist
Sports
ground
Arabia,
disregard
authorizing
Section
(a)
involuntary
right
toDr.
Issued
Islam's
3(1),
that
bail
of
and
the
whether
during
itArticle
aholiest
City
untrue.
to
circular
constitutes
De
Mayor,
the
IV
itla
city.
was
A
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disqualifying
Cruz
pendency
confession
the
assisted
false
a v.
prior
Court
or written
not,
of
by
Constitution
is
anyone
restraint
of
deportation
admissible
the
the
Appeals,
police,
who
on
Article
VI
of
the
Constitution
prohibits
the
without
having
first
secured
that
permit
In
No.
Police
Iglesia
16;
Power;
-accused
Joy,
niall
Cristo
an
Zoning
RTC
vs.
Court
stenographer,
Ordinance
of
Appeals,
retired
vs.
259
Nonat
defendants
305
in
until
Marikina,
the
SCRA
are
Metro
303
not
successfully
(1999),
liable
Manila.
for
the
He
damage.
proves
was
argument
charged
that
of
was
with
the
fails
freedom
to
provides:
proceedings.
remove
for
the
of
fourth
expression.
advertising
In
Harvey
time
inSuch
signs
vs
the
Santiago,
National
a
displayed
limitation
Entrance
162
oritis
SCRA
valid
expenditure
of
public
funds
for
the
use,
benefit,
or
where
a
permit
is
required
from
the
office
"The
privacy
of
communication
and
SCRA
529,
544,
the
Supreme
Court
held:
Impairment
ofxthey
Contracts
(2001)
age
immorality
given
of
as
65.
a
result
before
She
left
of
violence,
unfinished
Board
of
intimidation,
Dentistry
the
transcription
by
threat
a lady
or
of
Tests
only
exposed
teachers
840,
itin
from
was
exceptional
to
that
admission
public
that
view
were
cases,
to
the
ina the
constitutional
College
merely
such
main
exercising
of
city
asDentistry.
street,
where
guarantee
their
for
the
X
support
of
any
priest.
The
only
exception
is
when
concerned
xheld
xthe
Provided,
however,
that
no
correspondence
be
inviolable
except
SECOND
ALTERNATIVE
ANSWER:
"We
Philconsa,
No
XVIII
thus
In
reject
on
the
constitutional
deeds
petitioner's
of
sale
grounds,
to,
postulate
and
has
innot
filed
the
that
land
her
promise
notes
of
in
reward
ato
criminal
orshall
leniency
case
which
which
was
are
on
appeal.
constitutional
patient,
who
right
claims
tobe
that
peaceful
Dr.
Sto.
assembly
Tomas
and
took
to
who
purpose
being
to
bail
was
offensive
thus
may
disqualified,
not
to
prevent
sight
or
invoked
otherwise
questions
actual
obstruction
ina
the
nuisance.
deportation
to
the
priest
is
assigned
to
the
armed
forces,
or
to
person
can
be
punished
or
held
criminally
liable
upon
lawful
order
of
the
court,
or
when
public
Since
XX
is
a
public
person
and
the
suit
titles
present
to
ofSenator
nullify
homeowners
in
this
the
case.
resolution
Accordingly,
ofcircular.
a
residential
ofthe
the
the
Sangguniang
subdivision
statement
is
Its
The
liberties
religious
Court
with
of
her
program
Appeals
person
ordered
is
and
per
kissed
se
Joy
beyond
her
to
while
transcribe
constitutionality
recruitment
AM,
petition
proceedings,
whose
the
advertising
government
of
because
of
service
theor
they
agency
or
for
do
redress
1)
owns
not
sailing
Did
partake
and
of
theotherwise
grievance
dates
circular
rents
ofshe
the
ofin
any
penal
institution
government
orphanage
or
for
participating
in
or
attending
an
safety
oror
order
requires
otherwise
as
SUGGESTED
ANSWER:
questioned
imputation
is
directed
against
him
in to
Panlalawigan
Pasig
admissible.
City,
there
giving
are
the
restrictions
special
discretionary
annotated
therein
her
notes.
She
refused
to
comply
with
order
review
cannot
was
under
by
the
sustained,
the
treatment
respondent
because
at
the
latter's
such
clinic.
rights
public
must
deprive
transports
out
nature
many
ofbe
her
aof
criminal
of
the
the
her
billboards
number
action.
ordered
and
location
removed
ofthe
troops,
by
leprosarium.
The
sending
of
aBoard.
priest
toIts
minister
peaceful
assembly."
prescribed
by
law."
(People
Jerez,
G.R.
No.
114385,
January
29,
1998)
(a) exercised
his
The
public
disqualification
capacity,
in
this
of
case
females
actual
from
malice
the
practice
fund
to
the
to v.the
effect
Governor
that
for
only
the
residential
stated
purpose.
houses
How
or
reasoning
that
she
was
no
longer
in
the
or
the
be
for
City
the
Mayor,
purpose
within
claims
reasonable
that
of
enforcing
the
City
limits.
should
the
When
primary
pay
such
for
broadcast
spiritual
on
needs
TV
of
of
overseas
its
religious
contract
program
workers
constitutional
Thus,
Rights
only
offall
the
the
right
Accused;
leader
to
or
Right
organizer
2)
to
Did
Bail;
of
the
the
Matter
rally
of
marine
profession
constitutes
as
invidious
means
the
statement
was
made
with
knowledge
would
structures
you
may
decide
be
the
built
case?
or
constructed
Give
your
reasons.
on
the
lots.
government
service.
The
CA
declared
Joy
in
rights
were
exercised
on
regular
days
requirements
the
destroyed
billboards
of
decency
at
their
or
current
the
security
market
of
brings
does
not
it
out
within
of
the
theeducation?
bosom
scope
of
ofany
internal
ofschool
the
belief.
There
was
no
court
order
which
authorized
the
Rights
of
the
Accused;
Presumption
of
At
of Right
the
initial
a
Matter
hearing
of
Discretion
of
(Q7-2005)
administrative
circular
without
violate
permit
the
equal
may
protection
be
without
a
discrimination
that
it since
was
false
condemned
or
with
reckless
by
the
disregard
Equal
Protection
offor697
However,
the
City
Council
ofarrested
Pasig
enacted
an
contempt
of
court
and
was
incarcerated.
Joy
community
value
instead
ofaor
during
life.
the
City
(Near
the
has
free
v.she
appropriated
Minnesota,
time
of
the
283
teachers,
them
U.S,
the
exceptions.
Television
is
a
medium
that
reaches
even
warden
to
read
the
letter
of
"X".
Neither
is
there
Innocence
vs.
Presumption
of
Theft
a)
State
with
reason(s)
whether
bail
is
a(2004)
matter
clause
SUGGESTED
ofof
Constitution?
ANSWER:
SUGGESTED
complaint,
the
complainant's
counsel
called
the
warrant
while
the
members
may
not
be
arrested,
Clause
that
Constitution
(Art.
IV,
Sec.
1)other
In
the
whether
itthe
was
false
or
not
(Borjal
ordinance
amending
the
existing
zoning
ordinance
filed
a purpose
petition
for
habeas
corpus
arguing
that
her
teachers
committed
acts
prejudicial
to
the
best
(1931)).
public
Attacks
of
on
city
the
beautification.
government,
The
on
the
Mayor
the
eyes
and
ears
of
children.
The
Court
any
law
specifically
authorizing
the
(5-b)
OZ
lost
five
head
cattle
he
reported
of
right
or
a
matter
ofclassification
discretion
in in
the
v.
Court
of
Appeals,
301
SCRA
1
Since
itof
The
Freedom
resolution
of
Speech;
is
unconstitutional
Ban
on
Tobacco
First,
itBureau
AD
violates
ANSWER:
1)
No,
because
it isto
awhich
permissive
respondent
as
his
first
witness.
The
respondent
as
they
can
not
be
punished
or/1999]).
held
criminally
United
States,
under
asuing
similar
provision,
while
by
changing
the
zone
that
incarceration
is
tantamount
illegal
detention
hand,
refuses
interests
cannot
to
of
pay,
the
justify
so
service.
AM
prior
is
restraints.
the
City
For
and
as
theplace
has
reiterates
the
rule
that
the
exercise
of
Prisons
to
read
the
letter
of
"X",
Under
Section
to
police
as
stolen
from
his
barn.
He
requested
following
cases:
(4%)
The
imposable
penalty
(1992)
is
athe
matter
of
public
knowledge
that
is
no
limitation
art.
VI,
sec.
to
29(2)
right
to
of
education,
Constitution
as
itsociety
isthere
which
intended
to
through
counsel,
objected
vigorously,
claiming
his
liable
attending
the
rally.
However,
under
earlier
decisions
of
the
Supreme
Court
upheld
the
from
purely
residential
to
commercial.
and
to
require
her
toa)
work
sans
compensation
been
Mayor
pointed
for
damages
out,
"the
arising
interest
from
of
the
taking
and
ofthe
his
the
religions
freedom
can
be
regulated
by
3(1),
Article
III
of
the
1987
Constitution,
to
several
neighbors,
including
RR,
for
help
in
looking
for
the
crime
No.
YY
Street
1:
Congress
in
Makati,
passes
the
publication
a
law
prohibiting
was
made
prohibits
the
appropriation
of
public
money
or
ensure
that
only
those
who
are
qualified
to
be
constitutional
right
to
be
exempt
from
being
a
Section
12
thereof,
when
the
public
assembly
validity
of
a
statute
prohibiting
women
from
would
be
involuntary
servitude.
Decide.
maintenance
property
without
of
due
good
process
government
nor
just
demand
a
full
State when it will bring about the CLEAR is
interfere
with
any
correspondence
when
there
is
for
the
missing
animals.
After
an
extensive
search,
charged
is
reclusion
perpetua
and
the
Right
to
Travel;
Order
of
Arrest
(1991)
television
stations
from
airing
any
commercial
with
reckless
disregard
of
whether
or
not
it
is
dentists
property,
are
directly
admitted
or
indirectly,
for
enrollment....
for
the
use,
benefit
witness
against
himself.
The
Board
noted
the
held
without
a
permit
where
a
permit
is
required,
bartending
unless
she
was
the
wife
or
daughter
of
discussion
compensation.
of
public
Will
AM
affairs.
prosper?
Complete
Reason
liberty
briefly.
to
AND PRESENT DANGER of some
no
court
order,
there
must
be
a
law
authorizing
it
the
police
found
two
head
in
RR's
farm.
RR
could
No.
accused
6:
Mr.
Esteban
is
a
minor;
Krony,
a
Filipino
citizen,
is
SUGGESTED
"A",
a
lot
owner,
ANSWER:
sold
his
lot
to
a
banking
firm
and
advertisement
false.
The
defendants
which
promotes
may
be
held
tobacco
liable
or
for
in
any
or
support
of
any
system
of
religion,
and,
second,
objection,
but
ruled
that
in
the
next
scheduled
the
said
public
assembly
may
be
peacefully
a
male
owner
(Goesart
v.
Cleary,
335
U.S.
464
(1948)
comment
(5%)
FIRST
on
ALTERNATIVE
the
conduct
ANSWER:
of
public
men
The
suit
is
a
substantive evil which the State is duty
in
the
interest
of
public
safety
or
order.
not
explain
to
the
police
how
they
got
hidden
inbail
afor
arrested
for
the
crime
of
smuggling.
He
Joy
can
be
incarcerated
for
contempt
ofposts
court
the
latter
started
constructing
a
commercial
way
glamorizes
the
consumption
of
tobacco
damages.
itand
contravenes
art.
VI,
sec,
25(6)
which
limits
the
hearing,
a
month
and
a
half
later,
the
respondent
dispersed.
denying
to
women
the
right
to
practice
law
scalpel
of
AM
will
in
not
the
prosper.
case
of
The
free
removal
speech.
of
the
The
sharp
bound
to
prevent,
i.e.,
serious
detriment
to
remote
area
of
his
farm.
Insisting
on
his
SUGGESTED
ANSWER:
for
his
release.
Subsequently,
he
jumps
bail
and
2)
No,
the
circular
did
not
violate
the
equal
refusing
building
to
on
transcribe
the
lot
to
her
house
stenographic
a
bank
inside
notes.
the
As
products.
appropriation
of
discretionary
funds
only
for
public
would
be
called
to
testify
as
a
witness,
as
the
right
(Bradwell
v.
State,
83
U.S.
(16
Wall)
130
(1873)
,
recent
incision
billboards
ofisoverriding
its
notprobe
an exercise
relieves
of the
the
abscesses
of
of
the
mere
Interest
ofpower
public
innocence,
RR
consulted
alife
lawyer
who
told
him
he
If
the
is
minor
where
the
imposable
Freedom
Right
to
of
Assembly;
the
Press;
Wartime
Permit
Censorship
Requirements
is
about
to
leave
the
country
protection
held
Inaccused
Adoracion
clause
of
v.aof
the
Gatmaitan,
Constitution.
64
SCRA
There
132,
is
athe
her
subdivision.
The
subdivision
and
the
purposes.
The
use
discretionary
funds
for
he
claims
is
not
available
inowner
administrative
decisions
have
invalidated
statutes
orwhen
regulations
officialdom.
eminent
domain
Men
but
in
public
of
police
power
may
suffer
(Churchill
under
a
health,
public
morals,
or
public
welfare."
The
ruling
of
the
United
States
Supreme
Court
in
has
a
right
to
be
presumed
innocent
under
the
Bill
However,
penalty
for
the
the
Movie
crime
and
charged
Television
is
Review
reclusion
This
(1987)
legislation
was
passed
in
response
to
(1992)
Department
of
Foreign
Affairs
(DFA)
cancels
his
substantial
distinction
between
dentistry
students
incarceration
homeowners'
does
association
not
constitute
filed
a
illegal
case
in
detention.
court
purely
religious
purpose
is
thus
unconstitutional,
investigations,
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only
in
criminal
prosecutions.
providing
foran
differential
treatment of
hostile
and
unjust accusation;
thefemales
wound based
canto
the
case
of
Stroud
vs.
United
States,
251
of
Rights.
But
there
is
another
presumption
ofof
theft
and
No.
perpetua,
XIV:
Classification
4:
Olympia
In
bail
would
morning
Academy,
Board
of
athe
August
matter
cannot
aconsequence
private
28,
of
right.
1987,
the
Under
findings
by
the
Department
of
Health
about
the
passport.
He
sues
the
DFA,
claiming
violation
of
It
other
lawful,
students.
because
The
itbe
is
dental
profession
directly
her
stop
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construction
of
building
foruniversity,
banking
and
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fact
that
the
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made
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onis
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stereotypical
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be
assuaged
with
the
balm
of
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clear
U.S.
15
is
not
applicable
here,
because
Section
arising
from
his
unexplained
possession
of
stolen
during
v.
Article
Rafferty,
the
68
of
height
32
the
Phil.
of
Revised
580
-the
[19150fighting
Penal
The
at
Code,
Channel
abatement
when
4
and
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regulation
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maintaining
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order
The
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his
freedom
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to
ground
travel,
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they
the
new
attacked
provision
inina
affects
the
lives
and
health
of
people.
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disobedience
business
purposes
of
the
and
court
to
order.
respect
Neither
the
restrictions
can
she
resolution
a(United
local
not
generalizations.
Thelegislative
Court
thatand
"classification
conscience,"
Statesheld
vbody
Bustos,
37 by
Phil.
3(1),
Article
III
of
the
1987
Constitution
has
no
cattle
under
the
penal
law.
Are
the
two
Dr.
Sto.
Tomas
is
decided
not
to
testify.
As
his
Camelot
nuisance
offender
school
Hotel,
is
in
a
campus
the
minor
the
exercise
military
under
and
of
to
eighteen
closed
police
ensure
power
Radio
years
that
does
Station
academic
of
age,
not
World
Health
Organization
has
also
reported
that
other
the
Bill
religions.
of
Rights
In
of
the
Iglesia
1987
ni
Constitution,
Cristo
vs.
Court
to
wit:
professions
claim
that
do
to
not
require
involve
the
her
same
work
delicate
without
embodied
in
the
deed
of
sale
by
the
subdivision
Congress
doeslike
not classifications
make it any less
offensive
based
on sex,
based
upon to
race,
741
(1918)).
counterpart
the
American
Constitution.
Hence,
presumptions
capable
ofnot
reconciliation
In
this
lawyer,
what
would
you
do?
Why?
XX,
constitute
he
is
which
entitled
taking
was
to
excitedly
ais
ofconducted
penalty,
property
reporting
depending
and
does
the
successes
not
on
his
entitle
the
U.S.
activities
tobacco
shall
companies
be
have-shifted
effectively.
marketing
"Neither
shall
the
right
to
travel
impaired
responsibility
and
need
be
similarly
treated.
of
compensation
developer
Appeals,.
toin
259
the
SCRA
lot
tantamount
owners,
529,
547,
as
to be
the
well
involuntary
asage,
the
the
Constitution.
Above
all,
the
resolution
alienage,
or
national
origin,
are
inherently
suspect,
in
accordance
with
Section
3(2),
Article
III
of
the
case?
If
so,
how
can
they
be
reconciled?
If
not,
"Even
a
side
glance
at
Section
3
of
PD
SUGGESTED
ANSWER:
The
parties
adversely
affected
may
also
disregard
of
owner
lower
the
by
rebels
of
one
the
property
and
or
two
movements
degrees
involved
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compensation.
that
Manila
prescribed
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efforts
to
Third
World
due
to
dwindling
sales
in
except
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interest
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national
security,
public
This
servitude.
in
Since
courts
with
have
the
ruling
Inherent
in strict
Department
power
to
Supreme
annotation
Court
in
the
titles.
held:
constitutes
a clear
violation
ofthe
the
Nonand is
must
therefore
be
subjected
to
judicial
1987
Constitution,
the
letter
is
inadmissible
ina
which
should
prevail?
(5%)
Iby
will
file
petition
for
prohibition
with
prayer
for
the
No.
regulation
1986
will
as
reveal
being
on
that
its
it
face
is
not
void.
among
As
troops
(Association
law
friendly
for
the
of
to
crime
Small
the
rebels.
committed.
Landowners
reports
The
in
the
Constitution
were
Philippines,
health-conscious
American
market.
safety,
orapublic
health,
as
may
be
provided
by
of
Education,
Culture
and
Sports
vs.
San
Diego,
Issue
such
orders
as
are
necessary
for has
the
establishment
Clause
(art.
III,The
sec.
5)
of
the
scrutiny."
Accordingly,
the
Court
invalidated
evidence.
If
Henceforth,
you
were
every
the
Judge,
student
how
organization
would
you
intending
resolve
to
preliminary
injunction
with
the
Regional
Trial
been
the
held,
grounds
"any
to
justify
an
of
order
prior
restraints
of
correct
Inc.
withholds
v.
Secretary
and
the
factual.
guaranty
of
Agrarian
On
October
of
bail
Reform,
6,
from
1987,
175
one
after
SCRA
who
is
343
law.
Decide
the
case.
180
administration
SCRA
533.
of
Justice,
the
Court
of
Appeals
Constitution.
statute
permitting
asystem
male
serviceman
to
claim
his
SUGGESTED
ANSWER:
the
hold
case?
any
(5%)
symposium,
convocation,
rally
or
any
Court.
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privilege
against
self
incrimination
is
expression
comes
the
bearing
a heavy
normalcy
[1989]).
accused
prohibiting
of
had
capital
returned
the
broadcast
offense
and
thewhere
Government
of
petitioner's
the
evidence
had
may
order
her
to to
transcribe
her
stenographic
spouse
as
aa
dependent
to court
obtain
increased
quarter
ALTERNATIVE
ANSWER:
SUGGESTED
ANSWER:
The
case
should
be
dismissed.
Any
person
under
Equal
Cowboy
Protection;
asituation,
Jeans
company,
Imprisonment
recently
assembly
within
school
property
and
involving
available
not
only
in
judicial
proceedings
but
also
presumption
against
its
constitutional
validity,"
andat
full
of
television
guilt
control
isLevy's,
strong.
ofifregardless
the
program."
The
obvious
the
National
reason
is
that
one
notes
even
she
isSubsidiary
no
longer
In the
government
allowance,
of
whether
the
wife
is
objection
of
the
lawyer
must
be
overruled.
In
The
two
presumptions
can
be
reconciled.
The
an
Moreover,
order
of
arrest
the
isbroadcasts
under
restraint
do
not
and
give
therefore
(1989)
Freedom
SECOND
If
Iadministrative
were
the
of
ALTERNATIVE
judge,
ICommission,
would
Non-Establishment
ANSWER:
dismiss
the
case.
As
released
an
advertisement
featuring
model
least
20 dependent
people
must
file,
for
the
prior
approval
in
investigations.
Pascual
the
government
"thus
carries
aIn
heavy
burden
of
Telecommunications
who
faces
aReligion;
probable
death
sentence
without
notice
hassame
aof
service.
actually
on
him,
while
denying
the
Hudson
vs.
Palmer,
468
U.S.
517,
itpurpose
was
held
that
presumption
of
innocence
stands
until
the
he
can
not
claim
the
right
to
travel.
he
is
No.
Clause
The
v.
rise
Board
4:
removal
to
(1992)
a
was
ofstrong
clear
Medical
sentenced
the
and
billboards
Examiners,
present
to
aimposition
for
penalty
danger
the
28
of
SCRA
1Ifofreason
year
awas
of344
Richard
held
in"X"
Ortigas
Burgos
and
wearing
Company
Levy's
Limited
jackets
Partnership
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jeans
the
Dean
Students,
an
Application
setting
forth
showing
justification
for
the
of
such
ain
and
particularly
hearing,
but
merely
temptation
on
the
to
basis
flee.
of
This
the
report
right
to
a
servicewoman
unless
her
husband
the
constitutional
prohibition
against
illegal
contrary
is
proved.
It
may
be
overcome
by
a
Liberty
ofplace,
Abode;
Limitations
(1998)
No.
beautification
admitted
(1969),
10:
5dependent
months
itRecognizing
was
to
permanently
of
held
prision
his
that
the
freedom
the
correctional
value
deprived
revocation
of
education
movement
AM
and
of
of
toathe
pay
license
in
aisthe
vs.
FEATI
Bank
and
Company.
94
SCRA
and
substantive
holding
abail
pack
evil.
ofTrust
In
Marlboro
the
case
of
Iglesia
ni633
the
time,
expected
size
ofcigarettes.
the
group,
and
restraint."
(New
York
Times
Co.
v.
United
States,
of
does
the
military,
not
hold
cancelled
where
the
franchise
accused
of
has
station
been
fact
on
her
for
over
one
half
of
his
searches
and
seizures
does
not
to
contrary
presumption
upon
human
No
-713
Juan
Casanova
contracted
Hansen's
making
confined
within
Philippine
the
labor
country.
market
Therefore,
attractive
ifto
he
fine
right
as
aVIII
of
to
medical
P8,000.00,
use
his
practitioner
property
with
subsidiary
and
can
amounts
be
imprisonment
an
even
to687
its
greater
inthe
(1979),
the
zoning
isto
abe
valid
exercise
of
Cristo
vs.
Court
offounded
Appeals,
259
SCRA
subject-matter
and
purpose
of
the
assembly.
403
U.S.
(1971)).
XX.
established
Discuss
without
the
legality
objection
of:
aextend
minor
who
support.
(Frontierro
vordinance
Richardson,
411
U.S.
confines
of
the
prison.
In
Stroud
vs.
United
States,
experience.
The
presumption
that
RR
is
the
one
disease
(leprosy)
with
open
lesions.
A law
case
foreign
taking.
subsequently
deprivation
ofConsequently,
investment,
solvency.
than
jumps
mere
the
he
bail,
serving
Department
forfeiture
should
he
his
be
cannot
prison
of
paid
of Education,
property.
just
term,
demand
"X"
police
power
and
prevails
over
the
contractual
529,
549:
by
law
cannot
beAfter
sentenced
to
death.
(Bravo
v.In
251
U.S.
15,
the
United
States
Supreme
held
who
stole
the
cattle
ofbe
OZ
istological,
since
he
was
"Prior
restraint
on
speech,
including
the
The
Asian
Broadcasting
Network
(ABN),
aCourt
requires
that
lepers
isolated
upon
petition
of
Culture
passport
and
which
Sports
inis
effect
offers
will
subsidies
facilitate
to
accredited
his
escape
asked
compensation.
some
aspects
the
Director
it(People
of
similar
Prisons
v.the
Fajardo,
whether
criminal
104
Phil.
he
proceedings
could
443
stipulation
restricting
use
of
the
lot
to
Borja,
G.R.
No.
L-65228,
February
18,
1985)
that
letters
voluntarily
written
by
a
prisoner
and
(1973);
Accord
Craig,
v.
Boren,
429
U.S.
190
(1976)
found
in
possession
of
the
stolen
cattle.
RR
can
(a)
The
action
taken
against
station
on
The
religious
usual
League
presumption
speech,
of
Nationalist
cannot
of
validity
Students
be
justified
that
questions
inheres
by
in
privately
owned
television
air
the
City
Health
Officer.
The
wife
ofto
Juan
already
colleges
from
and,
therefore,
the
be
and
country;
released.
universities
the
respondent
he
"X"
is
was
instation,
order
inthe
asked
can
fact
torefuses
not
promote
to
liable
pay
be
made
the
to
fine
be
to
11958]).
residential
purposes.
examined
by
the
warden
which
contained
(providing
for
sale
of
beer
to
males
under
21
and
prove
his
by
presenting
evidence
(b)
The
cancellation
of
franchise
of
the
August
28,
1987;
legislation
the
validity
is
of
reversed
the
new
regulation.
in
the
case
Resolve.
of
laws
imposing
advertisement
in
compliance
with
the
a)
Casanova
hypothetical
wrote
a
fears
letter
but
to
the
only
City
by
Health
the
Officer
quality
arrested
tertiary
anytime.
education.
Indeed,
The
the
DECS
right
grants
tolaw.
travel
ato
of
testify
P5,000.00
as
ainnocence
witness
and
he
for
said
the
he
complainant.
could
not
afford
it,
incriminatory
statements
were
admissible
to showing
females
18);
Reed
v.
Reed.
404
rebut
the
presumption.
The
burden
ofimminent
evidence
is in
Police
Power;
Ban
Tobacco
AD
(1992)
station
b)
The
imposable
on
October
penalty
6,on
1987.
for
the
crime
SUGGESTED
ANSWER:
prior
restraint
on
freedom
of
expression.
Assume
that
such
refusal
abridges
the
to
have
her
of
a
formerly
substantive
philandering
and
husband
being
subsidy
under
an
the
to
indigent.
aunder
Constitution
Catholic
The
school
Director
presupposes
which
informed
requires
that
him
itshe
the
evidence.
Their
inspection
by
the
prison
authorities
U.S.
71
(1971)
(preference
given
to
men
over
shifted
to
RR,
because
how
he
came
into
No.
1:
Congress
passes
a
law
prohibiting
charged
is
life
imprisonment
and
the
SUGGESTED
ANSWER:
Privacy
The
freedom
regulation
of
of
speech.
is
Does
Asthe
held
(2001)
the
In
constitutional
Rarnento
us.of
confined
inCommunication
some
isolated
leprosarium.
Juan
students
individual
tois
take
under
atvalid.
no
least
restraint
3
hours
such
aterm
week
as
that
of
has
evil
to
serve
which
an
has
additional
taken
prison
reality
at
already
thewhich
rate
did
not
the
constitutional
prohibition
against
women
for
appointment
asline
administrators
of
possession
of
the
cattle
isin
peculiarly
within
his
television
stations
from
airing
any
commercial
accused
is
adown
(a)
Rights
The
closing
of
the
Accused;
Radio
Station
XX
during
No
XII
prohibition
-violate
"A"
has
against
aminor;
telephone
the
abridgement
with
an
ofpending
extension.
the
Mal-abanan,
129
SCRA
359,
ifSelf-Incrimination
an
assembly
will
Casanova
challenged
the
constitutionality
of
the
one
religious
would
day
follow
per
instruction.
eight
from
pesos
the
a)of
fact
Is
the
that
accordance
subsidy
one
has
permissible?
a
with
Article
on
the
ground."
illegal
searches
and
seizures.
This
is
estates
invalid).
knowledge.
(Dizon-Pamintuan
v.
People,
234
advertisement
which
promotes
tobacco
ortelephone.
in
any
Freedom
the
fighting
freedom
ofof
isstudents
of
Religion;
permissible.
Religion;
speech
apply
Flag
Convicted
With
Salute
toabode.
respect
acts
(1997)
done
Prisoners
news
by
One
(1990)
day,
"A"
was
talking
to
"B"
over
the
be
held
by
in
school
premises,
permit
law
as
violating
his
liberty
of
Will
the
suitan
Explain,
criminal
case
b)
Presuming
and
has
been
that
you
placed
answer
under
in
the
arrest.
39 of
the
Revised
Penal
Code,
The
lawyer
of
"X"
established
practice
reasonably
designed
to
SCRA
63
(1994)).
way
glamorizes
the
consumption
of
tobacco
ALTERNATIVE
ANSWER:
ABN,
media,
No.
12:
4:
apetition
The
wartime
private
Section
privilege
corporation?
censorship
28.
Title
ofthe
self-incrimination
VI,
has
Chapter
Explain.
been
9,
b)
upheld
of
May
must
theon
(1989)
"A"
with
his
friend
"C",
who
was
atbe
the
must
sought
from
school
authorities,
who
prosper?
[5%]
filedconspired
negative,
abe
for
habeas
corpus
contending
that
promote
discipline
within
the
penitentiary.
(b)
In
addition
to
the
Equal
Protection
Clause,
the
products.
If
accused
aof
and
imposable
No.the
Administrative
the
SUGGESTED
timely
ground
would
5:of
invoked,
"X"
itthat
make
is ANSWER:
Code
otherwise
"when
serving
apower
difference
aminor
1987
nation
his
itto
isrequires
prison
deemed
is
if listening
the
at the
war
subsidy
sentence
all
waived.
many
in
Cowboy
Levy's,
aisprivate
corporation,
end
the
extension
line
to "A's"
are
devoid
of
the
deny
such
request
further
incarceration
of
his
client
for
unpaid
Rights
of
the
Accused;
Right
to
Bail
(1993)
1987
Constitution
now
requires
the
State
the
Accused;
Counsel
of
his
Choice
penalty
forgiven
the
crime
charged
life
imprisonment,
educational
things
No,
invoke
the
were
that
suit
the
might
will
institutions
free
not
solely
be
speech
prosper.
said
into
the
in
observe
guarantee
time
Section
form
of
of
a
peace
laboratory
simple
6,
in
Article
its
are
and
III toto
Muntinlupa.
He
belongs
to
a is
religious
sect
that
telephone
conversation
with
"B"
in
order
arbitrarily
or
unreasonably.
In
granting
such
fines
violates
the
equal
protection
clause
of
the
No.
9:
Johann
learned
that
the
police
were
"ensure
the
fundamental
equality
before
thewherein
law
This
legislation
was
passed
in
response
to
(Q8-2005)
bail
1
would
In
a
not
CIVIL
be
CASE,
a
matter
the
ofplaintiff
right.
called
the
the
instant
dignified
equipment
favor?
such
of
the
aConstitution
Explain.
hindrance
flag
in
ceremony,
chemistry
c)
to
Regardless
provides:
its
efforts
and
including
physics?
that
of
your
the
their
playing
answers
c)
utterance
ortheof
prohibits
the
eating
of
meat.
He
asked
overhear
and
tape-record
the
conversation
permit,
there
may
be
conditions
as In
to
the
time
Constitution.
Decide.
Right
to
Assembly;
Permit
Application;
looking
for
him
in
connection
with
the
rape
of
an
women
and
men"
(Art
II,
Sec.
14)
and
to
provide
findings
byof
the
Department
of
Health
about
(1)
Mariano
was
arrested
by
the
NBI
as
defendant
"The
aof
hostile
liberty
witness
of
abode
and
and
announced
of
changing
that
singing
Presume,
above,
will
case,
not
assuming
decide
be
of
the
on
endured
the
Philippine
that
other
so
evidence
long
hand,
National
as
that
men
of
Anthem,
the
guilt
fight
strong,
andathe
that
bail
Director
Prisons
that
he
be
served
with
"B"
confidentially
admitted
that
with
evident
and
place
assembly
to
avoid
disruption
of
Freedom
Parks
(Q2-2006)
18-year
old
girl,
afacilities
neighbor.
He
went
to the
them
with
"such
and
opportunities
that
will
alarming
rise
lung
diseases
in
the
country.
The
SUGGESTED
ANSWER:
suspect
incould
the
shopping
mall
bombings.
Advised
of
the
constitutionality
defendant
subsidy
the
same
isinwould
given
within
of
be
in
the
the
asked
law
form
limits
in
incriminating
of
question.
prescribed
scholarship
by
pursuant
no
shall
Court
be
to
denied
rules
regard
to
as
be
them
promulgated
as
privileged
protected
by
mitigating
bypolice
any
meatless
diet.
The
Director
refused
and
"X"
sued
premeditation,
he
(B)
killed
"D"
for
having
cheated
classes
or
stoppage
ofthe
work
of
the
nonacademic
The
Samahan
ng
mga
Mahihirap
(SM)
filed
with
station
a
week
later
and
presented
himself
to
the
enhance
their
welfare
and
enable
them
to
realize
World
Health
Organization
has
also
reported
that
(1) rights,
The
petition
should
be
granted,
because
his
Mariano
asked
for
the
assistance
of
his
SUGGESTED
questions
vouchers
law
in
shall
the
given
ANSWER:
direct
not
directly
beexamination.
impaired
a)
to
The
the
except
constitutional
student
When
and
should
Secretary
constitutional
of
Education.
right."
The
Culture
security
and
of
community
Sports,
The
circumstance
of
minority
is
not
available
for
the
Director
for
damages
for
violating
him
in
their
business
partnership.
"B"upon
was
not
personnel.
the
Office
ofSantos.
the
City
Mayor
oftoismarketing
Manila
an
desk
sergeant.
Coincidentally.
the
rape
victim
theirmay
full
potential
inDecide.
the
service
of speech
the
nation."
(Art.
U.S.
tobacco
companies
have-shifted
Article
39
the
Revised
Penal
Code
relative,
Atty.
The
NBI
noticed
that
Atty.
lawful
order
of
the
court."
prohibition
the
defendant
which
the
against
invoke
student
the
the
freedom
can
privilege
use
for
of
against
paying
tuition
does
selfnot
refusal
life
of
be
aof
protected
teacher,
student
against
orincitements
pupil
attend
to
acts
or
violation
of
special
laws
penalized
by
life
religious
freedom.
aware
that
the
telephone
conversation
was
being
application
for
permit
to
hold
a
rally
on
Mendiola
was
in
the
premises
executing
an
extrajudicial
XIII,
Sec.
14).
These
provisions
put
in
serious
efforts
to
the
Third
World
due
to
dwindling
sales
unconstitutional.
In
Tate
vs.
Short,
U.S.
395,
Santos
was
inexperienced,
incompetent
and
SUGGESTED
Right
to
any
Assembly;
accredited
Public
school
Teachers
of
choice,
(2000)
apply
incrimination?
to
ABN,
aANSWER:
private
corporation.
As
stated
in in
participate
of
violence
in
and
the
the
flag
overthrow
ceremony
byhis
is
force
a401
ground
of
orderly
for
imprisonment.
tape-recorded.
Street
on
September
5,
2006
from
10:00
a.m.
to ofof
statement.
Johann,
along
with
six
doubt
the
ofv.
PD
97
limiting
the
practice
the
health-conscious
American
market,
United
States
Supreme
held
that
inattentive.
Deeming
him
unsuited
to
protect
the
Yes,
The
No
XII
liberty
the
- In
Public
Director
of
abode
school
of
Prison
is
teachers
subject
isCourt
liable
to
staged
the
under
police
for
Article
days
Hudgens
2
whether
vs.
avalidity
CRIMINAL
National
religious
Labor
or
CASE,
non-sectarian.
Relations
the
prosecution
Board,
Will
424
dismissal
government.
after
(Near
due
investigation.
Minnesota,
The
283
Secretary
U.S.
697
3:00
p.m.
to
protest
the
political
killings
of
(6)
other
suspects,
were
placed
in
a
police
lineup
marine
to
males.
imposition
ALTERNATIVE
of be
subsidiary
ANSWER:
imprisonment
a of
rights
of
Mariano,
the
NBI
dismissed
Atty.
Santos.
32
your
power
mass
of507,
answer
the
actions
ofprofession
the
Civil
State.
at
Code
different?
the
Requiring
Department
for
violating
the
the
ofsegregation
Education,
religious
U.S.
called
the
the
accused
constitutional
to
the
witness
guarantee
stand
ofas
the
first
Education
(1931),
quoting
Culture
Justice
and
Sports
Holme's
issued
opinion
aupon
infreedom
journalists.
However,
City
Mayor
denied
their
and
theiswho
girl
pointed
tothe
him
as
the
rapist.
Johann
Although
the
Constitution
mentions
only
reclusion
convict
is
too
poor
toof
pay
aU.S.
fine
violates
Appointed
in
place
was
Atty.
Barroso,
aof
freedom
SUGGESTED
lepers
Culture
and
of
av.
valid
"X".
Sports
ANSWER:
According
exercise
to
press
to
police
for
the
the
decision
power.
immediate
Inofthe
of
witness
speech
in
is
view
ahis
guarantee
of
certain
only
facts
against
memorandum
Schenck
United
implementing
States,
249
said
provision
47
(1919);
law.
application
on
the
ground
that
aa rally
at the
was
arrested
and
locked
up
in in
cell.pay.
perpetua,
Rule
114
of
the
Rules
of
equal
protection,
because
economic
status
United
grant
of
States
their
demand
Supreme
for
Court
additional
the
case
The
of
As
New
ordered,
York
the
flag
ceremony

searching
height
illegal
searches
andfor
weight,
firearms
andhis
seizures
photographs,
in the House
and against
of
fingerprints
X located
illegal at
to
save
proof.
One
proposed
day, Emilio
law
from
broke
unconstitutionally
open
the desk to
ofon
Cite
twothe
[2]
possible
constitutional
objections
comparison
arrests.
No.
10 Shaw
(2%)and
Boulevard,
the results
Pasig,
of the
Metro
paraffin
Manila,
test,
the
Alvin
of discovered
denial the
of due
a letter
process,
wherein
itand
should
Randy
this ground
law. and
Resolve
objections
explain
SUGGESTED
ANSWER:
asserting
found,
instead
that these
of firearms,
were taken
ten kilograms
in violation
of of his
provide
thanked
for
Alvin
immediate
for
having
hearing
passed
upon
on suspension
to him
whether
anyan
such
infirmities
can
be
cured.
right against
Aliens
cocaine.
are entitled
self-incrimination.
to the right against
Rule onillegal
the
SUGGESTED
of
the
vital
driver's
trade license.
secrets
ANSWER:
of
The
Emilio.
proposed
Enclosed
law violates
in the
(1)
May
the
said police
operatives
lawfully
objection.
searches
and
(2%)
seizures
and illegal
arrests.
As
Possible
the
right
letteragainst
objections
was a check
unreasonable
to for
theP50,000.00
law searches
are that
drawn
requiring
and
a
SUGGESTED
seize
theincocaine?
ANSWER:
your
answer.
applied
People
v.Explain
Chua Ho
San,
307 SCRA
driver
seizures.
against
to take
It will
thethe
authorize
account
breathalyzer
ofpolice
Randy
authorities
test
andwill
payable
violate
to stop
tohis
(2)
May these
X successfully
the
legality
b) The
objection
ofrights
Borjaare
ischallenge
not tenable.
As
held
432
(1999),
available
to all
any
driver
Emilio
andself-incrimination,
ask
then
himdismissed
to take the
Alvin
breathalyzer
from
his test
rightAlvin.
against
that
providing
for
of
search
on thealiens.
ground
that the
in the
People
v. Paynor,
261 SCRA
615peace
(1996), the
even
in the absence
of driver's
a probable
proof license
of Alvin's
cause.
perfidyany
persons,
including
the employment.
suspension
ofEmilio's
his
without
officers
did not inform
him about
right in
to of the
rights guaranteed
by Section
12,his
Article
are the
said letter
andprocess,
check which
hearing
violates
due
andarethat the
Searches
remain
silent
and
and
Seizures;
his right
to counsel?
Explain
Test
Constitution
applies
onlyBreathalyzer
against testimonial
objectedlaw
to aswill
inadmissible
for having
proposed
violate the
right been
against
(1992)
your
answer.
Searches
Seizures;
Control
evidence.
An accused may be compelled to be
obtainedand
through
an illegal
search. Alvin
filed it
unreasonable
searches
andImmediate
seizures,
because
(3)
Suppose
the
peace officers
were
ablemay
to
No,
3; Congress
considering
a law
against
(1987)
photographed
oris
measured,
his
garments
a suit
assailing
his dismissal.
Rule
on theto take
allows
police
authorities
to require
a drive
find
unlicensed
firearms
in may
the
house
inpolice
an
drunken
driving.
Under
the
legislation,
No.
III: "X" a Constabulary
was
arrested
oftest
theeven
letterifOfficer,
and
check.
be removed,
and
his body
be examined.
the admissibility
breathalyzer
there
is
no(5%)
probable
adjacent
lot,may
thatask
is. No,
Shaw
Boulevard,
authorities
any 12
driver
to take
a
pursuant
cause. to a lawful court order in Baguio City for
Rightsisof
theowned
Accused;
(Q7which
also
by X.Self-Incrimination
May
lawfully
seize
"breathalyzer
test",
wherein
the they
driver
exhales
murder. He was brought to Manila where a
2006)
the
saidtimes
unlicensed
Explain
your
Requiring asearch
driver was
to take
a BREATHALYZER
several
into a firearms?
device which
can determine
warrantless
conducted
in his official
Select the
answer.
and explain.
TEST does
ALTERNATIVE
notANSWER:
violate The
his search
right against
selfwhether
hebest
has answer
been driving
under the influence
quarters
at Camp
Crame,
team found
1. An
accused's
right against
self-incrimination
is
As
held
in People
v. Marti
(G.R.
incrimination,
because
heweapon
is notNo.
being
compelled
of
alcohol.
The results
of the test
can be used, in
and
seized
the
murder
in 81561,
a drawer
of
SUGGESTED
ANSWER:
violated
the following
cases:him.
(5%)
January
18,
laying
down
to give
evidence.
He isinmerely
being
any
legalinproceeding
against
Furthermore,
"X".
Cantestimonial
"X"1991),
claimthe
thatconstitution,
the search
and
seizure
1 Yes, When
(1)
the
police
he isissuance
operatives
orderedof
bymay
lawfully
trial court
seize
to
the
principles
ofand
the
asked
to submit
togovernment
a physical
test.fundamental
This is
not
declaring
that
the
athe
driver's
license
were
illegal
move
for and
exclusion
from
undergo
the
cocaine,
paraffin
because
it to
is prove
antoitem
hewhose
ismotor
guilty of murder; evidence
liberties
people,
does
not guarantee
govern
covered ofby
the
constitutional
gives
riseaonly
to a test
privilege
drive
ofthe
the
weapon
seized?
Explain. against
2
possession
When
prohibited
he isroads,
compelled
by
toitproduce
was in plain
his
SUGGESTED
ANSWER:
relationships
between
individuals.
Thus,
if the vs.
self-incrimination.
Thus,
in South
Dakota
vehicles
on is
public
thelaw,
law
provides
that a
bankbooks
view
and
was
to beonly
used
as evidence
against
"X"is459
can
do at
so.553,
The
search
cannot
search
made
the
behest
initiative
of the
Neville,
U.S.
itwarrantless
wasorheld
for
this
reason
driver
whoit refuses
toinadvertently
take
the test discovered
shall
be hisinfather Yes,
charged
the
course
with
of plunder;
asubject
lawful to
search.
Thesuspension
possessionofof
be
an incident
a for
valid
arrest,
proprietor
of aas
establishment
its own
that justified
requiring
aprivate
driver
to take aofblood-alcohol
test
automatically
a 90-day
3
cocaine
When
is
prohibited
he
is
ordered
by
Section
to
produce
8
of
the
a
sample
of
his
because
considerable
time
had
elapsed
after
his
and
private
purposes
and
without
the
intervention
is
valid.
his driver's license, Cite two [2] possible
handwriting
Dangerous
Drugs
to
be
used
Act.
As
as
held
evidence
in
Magoncia
that
he
is
v.
the
arrest
in
Baguio
before
the
search
of
his
quarters
of
police
authorities,
the
right
against
constitutional objections to this law. Resolve the
author
Palacio,
of80
aand
letter
Phil.explain
770,
wherein
an
article
he agreed
whose
to possession
kill the victim; in
As
held in Crame,
Mackey
vs.
Afontrya
U.S.made,
1,
Camp
Quezon
City443
was
and
unreasonable
search
and
seizure
cannot
bebecause
objections
whether
any
such
4
is
prohibited
When
by
the
law
president
may
be
seized
of
a
corporation
without
the
is
subof
compelling
government
interest
in
safety
along
because
the
distance
between
the
place
of
arrest
invoked for only the act of private individuals, not
infirmities can be cured.
SUGGESTED
ANSWER:
poenaed
need
of any
to produce
search
warrant
certain ifdocuments
it was discovered
as proofs he isthe
streets,
of a driver
andlaw
the enforcers,
placethe
of license
search
negates
anywho
claim
that theto
is involved.
In sum,
the refuses
Possible
objections
to the
are that requirement
requiring a
guilty ofa illegal
during
lawful
recruitment.
search.
Thelaw
additional
take
the
breathalyzer
test
may
be
suspended
place
searched
is within
his "immediate
control"
protection
against
unreasonable
searches
and so
driver
to take
the breathalyzer
violate
laid
down
in Roan
v. Gonzales,test
145will
SCRA
687his
immediately
pending
a post-suspension
as
to justify
the
apprehension
he hearing,
might
seizures
cannot
be extended
to actsthat
committed
rightthe
that
against
discovery
self-incrimination,
of the article that
mustproviding
have been
for
butPRIVATE
thereormust
be a provision
post-suspension
destroy
conceal
evidence
of atocrime
by
INDIVIDUALS
so for
as
bring before
it within a
the suspension
made
inadvertently
of his
was
driver's
also satisfied
license without
in this case.
any
hearing.
Thus,
to unlawful
save (Chimel
theintrusion
proposed
law 395
from
warrant
be obtained.
v. California,
the
ambitcan
of alleged
by the
SUGGESTED
ANSWER:
hearing violates due process, and that the
unconstitutionally
ground
of
due
U.S.
752 (1969)
)on
in the
Nolasco
v. Cruz
Pano,ofare
147
government.
Accordingly,
the
letter
anddenial
check
The
best law
answer
is c) the
when
heagainst
is ordered to
proposed
will violate
right
process, it509
should
provide
for an Supreme
immediate
hearing
SCRA
(1987),
the
Court
admissible
in evidence.
(Waterous
Drug Corp.
v.
(2)
No, Xacannot
successfully
challenge
produce
sample
of hisand
handwriting
tothe
be used
unreasonable
searches
seizures,
because
it
upon suspension
of the
driver's
license.
reconsidered
its 113271,
previous
decision
thatThe
a
NLRC,
G.R. No.
October
16,holding
1997)
legality
of the authorities
search
because
the
as evidence
that hesimply
istothe
author
of peace
ato letter
allows
police
require
a drive
take
proposed search,
law violates
the30 right
warrantless
made after
minutesagainst
from
officers
did
inform
himthe
about
his
toArticle
wherein
he not
agreed
kill
victim.
Under
the
breathalyzer
testtoeven
if there
is right
no
probable
unreasonable
searches
and
seizures.
It will
the
time of arrest,
and, in a
place
several blocks
remain
silent 17
and of
his the
right1987
to counsel.
Section "no
ALTERNATIVE
HI, Section
Constitution,
cause
authorize
authorities
to stop
driver
and
away
frompolice
the ANSWER:
place
of arrest,
wasany
valid.
It held
12(1),
of the
1987 Constitution
The
letter
inadmissible
in
The
personArticle
shallIIIbe
compelled
to be aprovides:
witness
ask a
him
tois take
the
breathalyzer
test
even
in of
the
that
warrantless
search
is evidence.
limited to
the
search
Rights
ofa driver
the Accused;
Self-Incrimination
Requiring
to
take the
a breathalyzer
does
"Any
person
under
investigation
for the test
constitutional
injunction
declaring
the privacy
of
against
himself."
Since
provision
prohibits
absence
of of
a probable
cause.
the
person
the arrestee
at the time
and incident
(1992)
not
violate his
against
self-incrimination,
commission
ofright
an offense
shall
have the
right to
communication
be
compulsory
testimonial
incrimination,
it does
not
to
his arrest and correspondence
for dangerous toweapons
or
No,informed
3; whether
Congress
istestimony
considering
a
law
against
because
be
he is
of not
his
right
tocompelled
remain
silent
to give
andoral
to or
inviolable is
no less
applicable
simply
because
matter
thebeing
is taken
by
anything
which
may
be used
as proof
of itthe
drunken
driving.
Under
legislation,
police
Rights
ofcontrary
thewho
Accused;
Self-Incrimination
testimonial
have
competent
evidence.
independent
He way
isthe
merely
counsel
being the
asked
to
is
the employer
is the
party
against
written
means
asand
either
it involves
USE
offense.
A
rule
would
justify
thewhom
police in
authorities
preferably
may
his own
ask
choice."
any
driver
to
take
(2000)
submit
to aofphysical
test.
This is
not
covered
by ofa
the
constitutional
provision
to beby
enforced.
The
OF
INTELLECTUAL
FACULTIES.
The
purpose
procuring
a warrant
of arrestis and,
virtue thereof,
As
held inisPeople
v. Dy,
SCRA
111.exhales
forthe
this
No XI.
b) A
mantowas
shot andbut
killed
his killer
"breathalyzer
test",
wherein
the
driver
the
constitutional
against
selfonly
exception
the prohibition
in also
theandsearch
privilege
toguarantee
avoid
and158
prohibit
thereby
not
only
arrest
the
person
his
provision
apply,
aSouth
suspect
must
beadetermine
under
fled. Moments
the
eyewitness
several
times
into
aindevice
which
can
incrimination.
Thus,
Dakota
vs.
Neville,
Constitution
is ifafter
there
is ashooting,
lawful
from
repetition
andto
recurrence
of compelling
person,
dwelling.
A warrant
requires
that order
allan
facts
asthe
to the
There
was
investigation
described
to the
the
police
that
the
wore white
whether
he
has
been
driving
under
influence
459
U.S.
553,
it was
for no
this
reason
that
court
or when
public
safety
or
order
requires
in
ainvestigation.
criminal
or
anyheld
other
case,
tothe
furnish
the
condition
of
property
and
itsslayer
surroundings
and
involved
in this
pants,
a shirt
with floral
design,
hadviolation
boots
of alcohol.
results
test
used,
requiring
a The
driver
tocase.
takeofathe
blood-alcohol
test
is in
otherwise,
as prescribed
law. Any
of be
missing
evidence
necessary
for can
his be
conviction
its
improvements
and by
capabilities
mustand
was provision
about 70and
kilos
and
any legal proceeding
valid.
this
renders
the only
evidence
obtained
(Bermudez
v. Castillo, against
Per Rec.him.
No. Furthermore,
714-A, July
considered,
this
can
be done
in a judicial
(3)
The
unlicensed
stored
at 12
1.65 meters. for
Borja,
fit theindescription
given,
declaring
that
the firearms
issuance
of G.R.
a driver's
license
inadmissible
anywho
purpose
any proceeding.
26,
1937;
Beltran
v.
Samson,
No.Shaw
32025,
proceeding.
As
Boulevard
heldrise
in Mackey
may
be
seized
443since
their
1, motor
was seenv.nearby.
was taken
into
and
gives
onlylawfully
tovs.aAfontrya
privilege
toU.S.
drive
(Zulueta
Court ofHe
Appeals,
G.R.
No.custody
107383,
September
23,1929).
because
possession
of compelling
ispublic
illegal.
Asgovernment
held
Magoncia
interesta in
brought to20,
the1996)
police precinct where his pants,
vehicles on
roads,
theinlaw
provides
that a
February
Searches
and
Seizure;
Private
Individuals
safety
Palacio,
80 Phil.
the
streets,
770,
when
an
license
individual
a driver
shirt and boots were forcibly taken and he was
driver along
who
refuses
to the
take
the of
test
shall be
Searches
andSeizures;
Seizures;
Incidental
to Valid
(Q8-2005)
who
possesses
refusescontraband
tosubject
take theto
(unlicensed
breathalyzer
test may beof
and
Aliens
(2001)
weighed, measured,
photographed,
fingerprinted
automatically
a 90-day firearms
suspension
(2)
had
long suspected
thata Alvin,
Search
suspended
belong
to this
immediately
category),
pending
he is committing
post- his
a crime
No
- A(1990)
is an to
alien.
Statetesting.
whether,
in the
andIV
subjected
paraffin
At his
trial, Borja
his Emilio
driver's
license,
No.
9; Some
police
operatives,
under
employee,
been but
passing
secrets
to his
suspension
and
he canhad
be
hearing,
arrested
without
theretrade
must
a warrant
be a and
the
Philippines,
he:
Is entitled
to
theacting
right against
objected
to the
admission
in evidence
of the a
lawfully
warrant for the purpose of
competitor,
he had no
provision
contraband
forRandy,
can
a post-suspension
be but
seized.
hearing. Thus,
apparel,issued
his

peculiar smell and upon squeezing felt like dried


leaves. His curiosity aroused, the manager made
an opening on one of the packages and took
several grams of the contents thereof. He took the
packages to the NBI, and in the presence of
agents, opened the

possession of prohibited
ALTERNATIVE
ANSWER:
drugs and was
In accordance
convicted.
On appeal
with theherulings
contends
in Uythat
Keytin
- v,
Villareal, 42 Phil. 886 and People v. Sy Juco, 64
Phil. 667, the unlicensed firearms found in the
(1)
Theat 12 Shaw
plastic
bag and
its contents
are
house
Boulevard
may
not be lawfully
inadmissible
evidence
being
the product
seized, sinceinthey
were not
included
in the of an
(2)
Thesearch
receipt
hearticles
signed to
is(3%)
also
inadmissible
asof
illegal
seizure;
and
description
of and
the
be seized
by virtue
his
custodial
investigation
not
the rights
searchunder
warrant.
The search
warrantwere
described
packages, the contents of which upon laboratory
the
articles(2%)
to be seized as firearms in the house
examination, turned out to be marijuana floweringobserved.
tops,
subsequently found, brought to the NBI
X located at 10 Shaw Boulevard.
Larryofwas
Office where he admitted ownership of the
attache case and the packages. He was
Searches and Seizures; Place of Search
made to sign a receipt for the packages.
(2001)
Larry was charged in court for possession
No XI - Armed with a search and seizure warrant,
of prohibited drugs. He was convicted. On
a team of policemen led by Inspector Trias
appeal, he now poses the following issues:
entered a compound and searched the house
1) The packages are inadmissible in
being the product of an illegal search
described therein as No. 17 Speaker Perez St.,
evidence
and seizure; .
Sta. Mesa Heights, Quezon City, owned by Mr.
2)
Neither is the receipt he signed admissible,
Ernani Pelets, for a reported cache of firearms
his rights under custodial investigation not and ammunition. However, upon thorough search
having been observed. Decide. SUGGESTED
of the house, the police found nothing.
ANSWER: On the assumption that the issues
were timely raised the answers are as follows: 1)
Then, acting on a hunch, the policemen
The packages are admissible in evidence. The
proceeded to a smaller house inside the same
one who opened the packages was the manager
compound with address at No. 17-A Speaker
of the motel without any interference of the agents
Perez St., entered it, and conducted a search
of the National Bureau of Investigation. As held in
therein over the objection of Mr. Pelets who
People vs. Marti, 193 SCRA 57, the constitutional
happened to be the same owner of the first
right against unreasonable searches and seizures
house. There, the police found the unlicensed
refers to unwarranted intrusion by the government
firearms and ammunition they were looking for. As
and does not operate as a restraint upon private
a result. Mr. Ernani Pelets was criminally charged
individuals. 2) The receipt is not admissible in
in court with Illegal possession of firearms and
evidence. ...
ammunition as penalized under
P.D. 1866, as amended by RA. 8294. At the trial,
he vehemently objected to the presentation of the
Searches and Seizures; search made by a
evidence against him for being inadmissible. Is Mr.
private citizen (2002)
Emani Pelet's contention valid or not? Why? (5%)
No VIII. One day a passenger bus conductor found
a man's handbag left in the bus. When the
SUGGESTED ANSWER:
conductor opened the bag, he found inside a
The contention of Ernani Pelet is valid. As held in
catling card with the owner's name (Dante Galang)
People vs. Court of Appeals, 291SCRA 400
and address, a few hundred peso bills, and a small
(1993), if the place searched is different from
plastic bag containing a white powdery substance.
that stated in the search warrant, the evidence
He brought the powdery substance to the National
seized is inadmissible. The policeman cannot
Bureau of Investigation for laboratory examination
modify the place to be searched as set out in the
and it was determined to be methamphetamine
search warrant.
hydrochloride or shabu, a prohibited drug. Dante
Searches and Seizures; search made by a
Galang was subsequently traced and found and
private citizen (1993)
brought to the NBI Office where he admitted
No. 4: Larry was an overnight guest in a motel.
ownership of the handbag and its contents. In the
After he checked out the following day, the
course of the interrogation by NBI agents, and
chambermaid found an attache case which she
without the presence and assistance of counsel,
surmised was left behind by Larry. She turned it
Galang was made to sign a receipt for the plastic
over to the manager who, to determine the name
bag and its shabu contents. Galang was charged
and address of the owner, opened the attache
with illegal
case and saw packages which had a

shown
b)
Searches
government
A warrantless
in some
and
of income
Seizures;
cases
searchby
taxes
may
their
Warrantless
for
bemembership
effected
the yearsin
Arrests
1956
the
in the
to
(1993)
1959.
Said
decision
of thetheir
Taxincidental
Court
was
following
legislative
cases:
Yuana) Searches
after
naturalization
to affirmed
a
as
No.
by
the9:arrest:
Supreme
Johann
Court
learned
in 1969.
Between
the
police
1960were
lawful
citizens
of
the
b) Searches
Philippines.
ofthat
moving
The
prohibition
vehicles;
does
c)
looking
and
1970,
forof
Enzo
him
in
had
connection
acquired
substantial
with
the view:
rape
real
an
Searches
not
apply
inprohibited
situations
articles
brought
in plain
about
byof
d)dual
property
In the
18-year
old
girl,
a neighbor.
He
to the in
police
Enforcement
citizenship,
such
ofPhilippines,
customs
as the
law;one
e) went
Consented
involved
the
(1)
Hasathe
cancellation
Enzo's
station
week
later
and
himself
to dual
the
searches;
problem.
Indeed,
f)action
Stop
and
afor
Filipino
friskpresented
(People
womanofv.can
Monaco,
have
citizenship
prescribed?
desk
Coincidentally.
rape victim
285 sergeant.
allegiance
resulting
from her the
marriage
to a
(2)
askSec.
for the
denial
theshe
petition
wasCan
in Enzo
the
premises
an
extrajudicial
foreigner
under
4,executing
so
longofas
doeson
not
the
ground
SCRA
that
[1998]);
he
of the
statement.
Johann,
along
with six
do
or
omit 703
to
do
anhad
act availed
amounting
to Tax
renunciation
g) other
(6)
Amnesty
Routine
suspects,
for his searches
tax were
liabilities?
placed
at borders
a and
police
ports
lineup
of
under
Commonwealth
Act.
No.in 63,
Sec.
1(2).
(3)
What
is the
effect
onRamsey,
the
petition
for
entry
(United
States
v.
431rapist.
U.S.
and
the
girl
pointed
to
him
as
the
Johann
Under
this
law,
express
renunciation
is 606
different
cancellation
Enzo's
citizenship
if Enzo
died was
[1977]);
was
arrested
locked
up
cell.
Johann
from
an and
act ofand
allegiance
to in
a aforeign
power
as a
h)
during
the
Searches
pendency
of businesses
ofofthe
hearing
on exercise
said
charged
with
rape
in Philippine
courtin the
but
prior of
to
ground
for
loss
citizenship.
visitorial powers
petition?
to enforce
regulations
(New
arraignment
invoked
his police
right"dual
to preliminary
Moreover,
what
constitutes
allegiance"
SUGGESTED
ANSWER:
York v. Burger,
482
U.S.
691
(1987]).
investigation.
This
wasinterest
denied
by
inimical
to national
is the
andjudge,
what and
the
1)
No, the
action
has
notallegiance
prescribed.
As
held
thus,
trialfor
proceeded.
After thewill
prosecution
sanctions
such
dual
be,
willin still
Republic
vs.several
Li Yao, 214
748,
a certificate
presented
witnesses,
Johann
through
have
to be
defined
by SCRA
law pending
adoption
of
Searches
and Seizures;
Visual
Search
(1992)
of
naturalizalion
may
beright
cancelled
at any
time
if ita
counsel,
invoked
the
to based
bail
andon
fileddual
such
legislation,
objection
No. 5:
During
recentwas
elections,
checkpoints
was
fraudulently
obtained
bydenied
misleading
theby
court
motion
therefor,
outright
the
allegiance
willthe
bewhich
premature.
were setJohann
up
enforce
the aelection
ban
regarding
thetomoral
of theperiod
petitioner.
Judge.
nowcharacter
files
petition
for certiorari
on firearms.
before
the Court of Appeals arguing that: His
Dual
vs. Dual Citizenship
(1988)
arrestAllegiance
was not in accordance
with law. Decide.
During
one
such
routine
search
one
night,
2)
No.
No,
13:Enzo
Robert
cannot
Brown
askwas
for
the
borndenial
in Hawaii
of thewhile
on May
looking
through
anAmerican
open window
a flashlight,
SUGGESTED
ANSWER:
petition
15,
1962,
for the
of an
cancellation
offather
his with
certificate
and
a Filipina
of
the police
sawon
firearms
at1983
theof
backseat
of
a car
Yes,
the On
warrantless
arrest
Johann
was
not an
in
naturalization
mother.
May
the16,
ground
that
while
he had
holding
availed
of
partially
covered
by
papers
and with
clothes.
Antonio,
accordance
with In
law.
held
in Go
the
American
tax amnesty.
passport,
accordance
heAsregistered
the
asv.ruling
aCourt
Filipino
in of
owner
driver
ofConsulate
the
car
in question,
Appeals,
206
138,
his
does
not fall
Republic
with
theand
Philippine
vs.
Li SCRA
Yao,
224
SCRA
atcase
748,
Honolulu,
the
taxHawaii.
under
themerely
Instances
in returned
Rule
113,to
sec.
5 (a) ofand
the
amnesty
In
September,
1983
removed
he
all the
civil,
thecriminal
Philippines,
was
charged
for violation
ofIt the
firearms
1985 took
Rules
Criminal
Procedure
authorizing
administrative
and
up of
liabilities
residence
of Enzo.
at
Boac,
did Marinduque,
not
obliterate
ban.
Are
the
firearms
inas a voter,
warrantless
Itcharacter
cannot
be considered
a
his lack
hometown
of good
ofarrests.
his
moral
mother.
Headmissible
registered
and
evidence
against
him?
Explain.
valid warrantless
arrest 3)because
Johannofdid
not
irreproachable
voted,
and even
conduct.
participated
Onas
the
a assumption
leader
one
that
of
If,
upon
inspection
byEnzo
the
police,
prohibited
commit
a crime
indeath
the
presence
of not
the
police
he
the
left
candidates
a further
family,
in
thethat
district
of
in the
does
1984
Batasan
render
drugs
were
found
officers,
since
they
were the
not various
present
Johann
the
elections.
petition
Infor
the
theinside
elections
cancellation
of of1987,
his when
certificate
he ran
of
for
compartments
of
Antonio's
car,
can
the drugs
had allegedly raped
his held
neighbor.
Neither
can
It
be
naturalization
Congressman,
moot.
and won.
As
His
insole
Republic
opponent
vs.
Li
is be
Yao,
now
used
in evidence
against
Antonio
ifis113
he
issec.
considered
an
under
Rule
5oust
(b)
224
questioning
SCRA
748,
his arrest
qualifications
the
outcome
of
and
the
case
trying
willtoaffect
prosecuted
for
possession
of prohibited
drugs?
which
an
arrest without
a warrant
to be
his
him
wife
on allows
two
andbasic
children.
claims:
Explain.
made when a crime has in fact just been
SUGGESTED
(1)
He is notand
a ANSWER:
natural
born Filipino
but is
committed
the person
making citizen,
the arrest
has
a)
Yes,
the
firearms
are
admissible
inan
evidence,
Citizenship;
in
fact, an knowledge
American,
Elected
born
Official
in Hawaii,
(1993)
integral
personal
offsets
indicating
that the
because
were validly
seized.
Valmonte
No.
portion
7: Ferdie
of
the
U.S.A.,
who
toholds
the United
anit.In
American
States
in
person
tothey
be immigrated
arrested
committed
Since
Johann
vs.
De
Villa,
178
SCRA
211
and
185
SCRA
665, it
passport;
the
Thereafter,
visited
hometown,
was1980s.
arrested
a weekhe
after
thehis
alleged
rape,
the He
Supreme
Court
held
that
checkpoints
may
(2)
did
not
meet
the
age
requirement;
and
Makahoy,
other
town
fiestas.
In
cannot
be every
deemed
to year
be
aduring
crime
which
"has be
just
set He
upcommitted".
to
maintain
peace
and
order
forofficers
the
(3)
has
a "green
card"
from
the
U.S.
January
1993.
Ferdie
home
and
filedbenefit
hiswho
been
Norcame
did
the
police
of the public
checkpoints
are
aofsecurity
Government.
certificate
of and
candidacy
for Mayor
Makahoy.
He
arrested
him
have
personal
knowledge
of facts
measure
unauthorized
firearms.
Since
won
in theagainst
elections.
Joe,
thehis
defeated
candidate,
indicating
that
Johann
raped
neighbor.
the search
resulted
in the discovery
of the
learned
thatwhich
Ferdie
is a greencard
holder which
firearms
was
limited Ferdie
to a visual
of the
car,
on
its face
identifies
as asearch
"resident
alien"
Searches
and Seizures;
Warrants
of Arrest
it was
Because
of theprinted:
ban on
and
onreasonable.
the back
thereof
is clearly
(1991)
firearms, the possession of the firearms was
No.
8: On the
basis
of by
a verified
report
andview
"Person
identified
thisfound
card
is
to in
prohibited.
Since
they
were
in entitled
plain
confidential
that work
various
electronic
and
in the
United
the reside
coursepermanently
ofinformation
a lawful search,
in accordance
with
equipment,
Joe
filed
were
a case
illegally
disqualify
imported
Ferdie
into the
the States."
decisionwhich
in Magancia
vs. to
Palacio,
80 Phil.
Philippines,
from
assuming
thefound
mayorship
ininthe
bodega
of Maka-hoy.
of the
770, they
arewere
admissible
evidence.
Tikasan Corporation located at 1002 Binakayan
Questions:
(1)
or the
not Collector
a green card
is proof that
the
St.,Whether
Cebu City,
of Customs
of Cebu
b) No,isin
the
drugs
cannot
used
in1988,
evidence
holder
athe
permanent
resident
of the
United
issued,
morning
of 2beJanuary
a
against Antonio
if heand
is prosecuted
for possession
States.
Warrant
of Seizure
Detention against
the
of prohibitedfor
drugs.
The drugs
corporation
the seizure
of the electronic

(2) Whether
were
equipment.
found The
afteror
warrant
a not
more
Ferdie's
particularly
extensive
act of
search
describes
filing of
histhe
the
various compartments
electronic
certificate
of
equipment
candidacy
and
ofconstitutes
the
specifies
car. As
waiver
theheld
provisions
of
in his
Valmonte
of
status
the Tariff
as avs.
permanent
and
DeCustoms
Villa, 185
resident
Code
SCRA
of
which
665,
the United
were
for such a
search tobybethe
violated
States.
valid,
importation.
there must be a probable
cause. In this case,
SUGGESTED
ANSWER:
there was no probable cause,
as According
The
1)
there
warrant
was was
to
nothing
theserved
ruling
to indicate
in
and
Coast
implemented
that
vs.Antonio
Court in
ofhad
the
prohibited191
afternoon
Appeals,
drugs
of SCRA
2inside
January
229,
thea compartments
green
1988card
by is Customs
proof
of his
car. the holder
policemen
that
who
is a then
permanent
seized
resident
the ofdescribed
the
equipment.
United
States,
The
forinventory
it identifiesofthe
theholder
seized
as articles
a
Searches
and
Seizures;
Waiver
Decide
the
case
with
was
resident
signed
of the
by
United
the reasons.
States
Secretary
and states
of of
theConsent
that
Tikasan
the
SUGGESTED
(1989)
ANSWER:
Corporation.
holder
is entitled
The
tofollowing
reside permanently
day, a hearing
and officer
work
No.
7:United
Pursuing
that great
quantities
of
A. the
The
plastic
bagofreports
and
are
admissible
in
the
Office
States.
theits contents
Collector
of
Customs
in evidence,
prohibited
drugs
are
it was
being
smuggled
the
National
at nighttime
Bureau
conducted
asince
hearing
onnot
the
confiscation
of the
2)
The filing
of abut
certificate
candidacy
doesLuzon
not
through
the shores
of Cavite,
the Southern
of Investigation
the
bus of
conductor
who
equipment.
constitute
waiver
ofbrought
the status
ofthe
the
holder
a
opened theaset
Command
bag
up
andcheckpoints
it toat
the
National
end ofofthe
Two
days
thereafter,
corporation
the
green
card
as a permanent
resident
offiled
the with
United
Cavite
coastal
roadthe
toAs
search
passing
motor
Bureau
of
Investigation.
held
In People
v.
Supreme
a57
petition
for
certiorari,
prohibition
States.
AsCourt
held
in
Coast
Court
of Appeals,
Marti, 193
vehicles.
ASCRA
19-year
(1991),
oldvs.
boy,
the
who
constitutional
finished
fifth
and
mandamus
to waiver
set aside
the
warrant,
191
the
should
be
manifested
grade,
whileunreasonable
driving,
was
stopped
byenjoin
the
rightSCRA229,
against
search
and
seizure
is
the
and
his
agents
from
further
by
anCollector
act independent
of and
priorIt to
the not
filing
of
a restraint
authorities
upon
at the
thegovernment.
checkpoint.
does
Without
any
proceeding
with
the
forfeiture
to
his
certificate
ofrequire
candidacy.
objection
from
him,
hisexclusion
car was inspected,
apply
so as
to
ofhearing
evidenceand the
secure
the
return
the confiscated
equipment,
which came
search
yielded
into marijuana
theofpossession
leaves
of the
hidden
in the
Dual Allegiance
vs.ofthe
Dual
Citizenship
alleging
therein
that
warrant
issued
is
null drug
and
trunk
compartment
car.
The
prohibited
Government
through
athe
search
made
by(1987)
a private
No. VIII:
"A" reason
was
born
in 1951
theto
United
void
for the
that,
pursuant
Section
2 of
citizen.
was
promptly
seized,
and
the in
boy
was
brought
to
B.
It
is
inadmissible....
States
of
a
Chinese
father
and
a
Filipina
mother.
Article
III
of
the
1987
Constitution,
only
a
judge
the police station for questioning. Was the search
Underissue
Chinese
laws,
mother
automatically
may
a search
warrant.
In his
comment to
without
warrant
legal?"A's"
Searches
and
Seizures;
Valid
Warrantless
became
a
Chinese
national
by
her
marriage.
the petition, the Collector of Customs, through the
SUGGESTED
ANSWER:
Search
Office of(2000)
the Solicitor
General, contends that he is
a)
No,
Crack
the
search
officers
was
ofthe
the
not
Anti-Narcotics
valid,
because
Unit
there
were
was
authorized under
Tariff
and
Custom
Code
to
no
probable
cause
for
conducting
the
search.
As
assigned
In
1973,
upon
on
surveillance
reaching
the
of
age
the
environs
of
majority,
of
a
"A"
order the seizure of the equipment whose duties
cemetery
held
elected
in to
Almeda
where
acquire
the
Sanchez
Philippine
sale
vs.citizenship.
use
United
ofthe
dangerous
States,
However,
413
and
taxes
were not
paid and
and
that
corporation
U.S.
266,
while
a
moving
vehicle
can
be
searched
drugs
"A"
continued
are
rampant.
to
reside
A
man
in
California
with
reddish
and
and
to
carry
did not exhaust administrative remedies. Should
glassy
without
an American
eyes
a warrant,
was
passport.
walking
there
He
unsteadily
also
mustpaid
stillmoving
allegiance
be probable
to
the
petition
be
granted?
Decide.
cause.
Inthem
the
case
in question,
there
was
nothing
towards
the Taipei
government.
but veered
In away
the 1987
when
Philippine
he
sensed
the
to
National
indicate
presence
elections,
that
of policemen.
marijuana
he was elected
leaves
They approached
were
Senator.
hidden
His in
SUGGESTED
the
trunk
of
theANSWER:
car.
mere
fact
thatthe
thegrounds:
boyand
did
him,
opponent
introduced
moved
themselves
to The
disqualify
ashim
police
on
officers
The
petition
not
be granted.
Under
asked
not
a) That
object
him
he was
what
toshould
the
not
heinspection
ahad
natural
clenched
born
of the
in
citizen;
his
car
hand.
does
andSecs.
b)
As
not
2205
and
2208
the
and
Customs
Code,
constitute
consent
to Tariff
the search.
in
he
That
kept
he
mum,
had
"dual
theofpolicemen
allegiance"
pried
not only
hisAs
hand
to ruled
open
customs
authorized
any
and found
People
vs.officials
a Burgos,
sachetare
of144
shabu,
SCRA
a dangerous
1, to
theenter
failure
drug.
to
thetoUnited
alsothe
to
the
Republic
of
warehouse,
notStates
usedinbut
assearch
dwelling,
fornot
theconstitute
purpose
object
a warrantless
does
Accordingly
charged
court,
accused
China.
Decide.
SUGGESTED
ANSWER:
of
seizing
subject
to
objected
consent,
especially
toany
thearticle
admission
inwhich
the light
inisevidence
of the fact.
of forfeiture.
the
The
electoral
contest
For
this
purpose
theymust
need
nodismissed.
warrant
issued
dangerous
drug
because
it be
was
the result
of an by
ALTERNATIVE
ANSWER:
a
court.
As stated
in Viduya
vs. the
Berdiago,
73
illegal
search
and
seizure.
Rule on
objection.
Yes.
requirement
of the
probable
differs
SCRA
forare
centuries
seizure
of
goods
by
(3%) The
b)553.
What
the instances
whencause
warrantless
(a)
"A"case
is amay
natural
born
citizen.
Art.
IV, Sec.
2 laws
of
from
to case.
Inenforce
this
one,
since
the police
customs
officials
to
the
customs
searches
be effected?
(2%)
the
1987need
Constitution
provideswarrant
that
agents
areof confronted
with"those
large-scale
without
a search
haswho
been
elect
Philippine
citizenship
in accordance
with
SUGGESTED
ANSWER:
smuggling
of prohibited
drugs,
existence of
which
recognized.
paragraph
(3), Sec.
1 hereof
shall
deemed
a) The
is not
tenable.
In be
accordance
is
of objection
public
knowledge,
they
can
set up
natural
born citizens."
purpose
of SCRA
this
with Manalili
v.IV
Court
ofThe
Appeals,
280
checkpoints
at
strategic
places,
in
the
same
way
ARTICLE
Citizenship
Action
for400
provision
is
to
equalize
the
status
of
those
who
(1997).
since
the
accused
had
red
eyes
and
was
that
of
in
a
neighborhood
a
child
is
kidnapped,
Cancellation; Prescription & Effect of Death it
elected
before
those the
walking
unsteadily
and
place
is aand
known
is
lawfulPhilippine
to searchcitizenship
carsthe
and
vehicles
leaving
(1994)
who
did
so
after
January
17,
1973
when
the
hang-out
of
drug
addicts,
the
police
officers
neighborhood
or
village:
This
situation
ishad
also
No. 7: - Enzo, a Chinese national, was granted
previous
Constitution
took
effect.
sufficient
reason
to
stop
the
accused
and
to
frisk
similar
to
warrantless
searches
of
moving
Philippine citizenship in a decision rendered by
him.
Since
wasarea,
actually
found
during
vehicles
inofshabu
customs
searches
have
the Court
First Instance
ofwhich
Pampanga
on the
(b)
The
"DUAL
ALLEGIANCE"
declared
inimical
to
investigation,
it
could
be
seized
without
the
need
been
upheld.
(Papa
vs.
Mago,
22
SCRA
January 10, 1956. He took his oath of office on857
national
interest
in
Art.
IV,
Sec.
5
refers
to
the
dual
for
a
search
warrant.
(1968).
The
rule
is
based
on
practical
necessity.
June 5, 1959. In 1970, the Solicitor General filed
allegiance
some his
such
as naturalized
a petition toofcancel
citizenship
on theFilipino
ground
citizens
(mostly
Chinese)
who
maintain
allegiance
that in July 1969 the Court of Tax Appeals
found
to
Nationalist
as the
that
Enzo hadChina
cheated

of the Philippines (Art. IV, sec. 1(3)). Under Art.


IV, sec, 2 he is also deemed a natural-born
citizen.
2. The Constitution requires, among other things,
that a candidate for member of the House of
Representatives must be at least 25 years of age
"on the day of the election." (Art. VI, sec. 6). As
Brown was born on May 15, 1962, he did not
become 25 years old until May 15, 1987. Hence
on May 11, 1987, when the election was held, he
was 4 days short of the required age.
3. The Constitution provides that those who seek
either to change their citizenship or to acquire the
status of an immigrant of another country "during
their tenure" shall be dealt with by law (Art. XI,
sec. 17). The provision cannot apply to Brown for
the following reasons: First, Brown is in addition
an American citizen and thus has a dual
citizenship which is allowed by the Constitution.
(Cf. Art. IV, sec. 4), Second, Brown did not seek to
acquire the status of an immigrant, but is an
American by birth under the principle of jus soli
obtaining in the United States. Third, he did not
seek to change his status during his tenure as a
public officer. Fourth, the provision of Art. XI, sec.
17 is not self-executing but requires an
implementing law. Fifth, but above all, the House
Electoral Tribunal has no jurisdiction to decide this
question since it does not concern the
qualification of a member-elect.
Dual Citizenship (1994)
No. 8: In 1989, Zeny Reyes married Ben Tulog, a
national of the State of Kongo. Under the laws of
Kongo, an alien woman marrying a Kongo national
automatically acquires Kongo citizenship. After her
marriage, Zeny resided in Kongo and acquired a
Kongo passport. In 1991, Zeny returned to the
Philippines to run for Governor of Sorsogon.
Assume that you are a member of the House
Electoral Tribunal where the petition for Brown's
ouster is pending. How would you decide the
three issues raised against him?
SUGGESTED ANSWER:
The first and third grounds have no merit. But
the second is well taken and, therefore, Brown
should be disqualified.
1. Robert Brown is a natural born citizen of the
Philippines. A person born of a Filipino mother
and an alien father before January 17, 1973, who
thereafter upon reaching the age of majority elect
Philippine citizenship, is a citizen

(1) Was Zeny qualified to run for Governor?


(2) Suppose instead of entering politics. Zeny
just got herself elected as vice-president of the
Philippine Bulletin, a local newspaper. Was she
qualified to hold that position?

1. The
the
acquired
omission
day
claims
of
case
her
they
thethat
husband's
iselection,
are
justiciable.
Atty.
deemed,
Emily
Zeny
citizenship.
(grave
under
Go
is not
is abuse
the
not
qualified
ODH
law,
a naturalof
died
toto in
run
No,
2: of
(2)Repatriation
A
was (2002)
born
a Japanese of
father
not qualify
Effect
to child
participate
in thetomanagement
for Governor
2001,
have
discretion)...
renounced
born
leaving
citizen,
ofher
Sorsogon.
it.financially
hence, not
Under
secured.
qualified
Section
She
to be
39(a) of
the Bulletin
No
Elected
and
Ia -Filipina
AOfficial
was
as mother.
Vice-President
born
(1992)
inWould
the Philippines
he
thereof.
be eligible
of to
Filipino
run
2.
Ang should
considered
a natural
theAndres
returned
Local
appointed
home
Government
into2002,
thebe
Supreme
Code,
and
sought
a candidate
Court.
elective
Is this
foroffice
No.
for
16:
the Edwin
position
of Member
born
the
of Philippines
the House
parents.
WhenNicasio,
martial
lawinwas
declared
inof of
the
born
citizen
oftothe
was
born of a of
governor
in
2)
2004
According
contention
bymust
running
be
Mo
correct?
aPhilippines.
for
Ya
resident
Mayor
Lim(5%)
Yao
inofHe
the
v.
APP,
Commissioner
province
her
Effect of
Marriage;
Filipino
Philippines
Filipino
Representatives
parents
on September
and
upon
raised
reaching
21,
in (1989)
the
1972,
twenty-five
province
he went
of years
to the
SUGGESTED
Filipino
mother
ANSWER:
on
20,under
1973.
Thisher
was15 of
where he
hometown.
Immigration,
intends
Her
41
opponent
SCRA
toJanuary
run at
292,
sought
least
one
to have
Section
No,age?
2: (1)
Lilyran
Teh
arrived
in Manila
onanone
of her
Nueva
of
Ecija,
forwas
Governor
of hisas
home
United
States
and
naturalized
American
(1) year
The
after
the
contention
immediately
effectivity
is ofnot
preceding
theher
correct.
1973
Constitution
the
Under
of
Article
the
on
SUGGESTED
ANSWER:
disqualified
because
of
ZOZ
citizenship.
SheIV,
the
Revised
Naturalization
Law,
a day
foreign
woman
regular After
tours
to
the
from
Taipeh.
She
citizen.
province.
He won
the
EDSA
andPhilippines
heRevolution,
was sworn
he
into
came
office.home
It
January
17,
1973.
Under
Section
(1),
Article
IIIit ofis
The
child
can
run
for the
House
of
Representatives
election.
replied
Section
that
By
1(3)
although
residing
the
in
she
Kongo
1987
acquired
upon
Constitution,
ZOZ's
her
marriage
who
marries
a of
Filipino
citizen
becomes
a Filipino
met
Peter
Go,
a naturalized
citizen.
After
was
recently
revealed,
however,
that
Nicasio
is a a
to
the
Philippines
and
later
onFilipino
reacquired
Philippine
the
1973provided
Constitution,
or
provided
reaching
thePeter
of he
majority
he
in 1989,
citizenship
provided
Zeny
that
because
those
abandoned
born
of those
marriage,
before
herwhose
residence
January
shefathers
did in
not
17,
the
1973
citizen
she
possesses
none
oflose
the
whirlwind upon
courtship,
Lily
and
were
at
citizenship
naturalized
American
by repatriation.
citizen.
Suppose
a)age
Does
inmarried
still
the May
mothers
arecitizenship.
citizens
ofaccordance
the
Philippines
are
citizens
her
Filipino
Both
her parents,
she
elected
Philippine
citizenship.
Under
Section
6,
Philippines.
of
Filipino
This
mothers,
is innaturalization.
who
elect
with
the
Philippine
disqualifications
for
A foreign
man
the San
Agustin
Church.
A week
after
wedding,
possess
citizenship?
b)
If thethe
2004
elections
he
is
elected
Member
ofsecondthe
House
of
themarries
Philippines.
Andres
Ang
remained
a to
citizen
said,
are
Filipino
citizens.
Is
qualified
runare
Article
VIthe
of the
1987
to qualify
to be
decision
Citizenship
in
Caasi
upon
vs.
reaching
Court
the
ofTCA
Appeals,
age
of majority
191
SCRA
who
a Filipino
citizen
does
not
acquire
LilyRepresentatives
Teh
petitioned
inConstitution,
administrative
proceedings
of
placer
in
gubernatorial
and
a case is filed
seeking
his
of
the
Philippines
the
effectivity
of Section
the
1987
elections
quo
warranto
suitdeclare
against
for
Mayor?
(5%) after
a
member
offiles
the
of Representatives,
oneaa
229.
Filipino
citizens.
Atty.However,
Emily
Go
was
born
of3 of
a
Philippine
citizenship.
under
before
immigration
authorities
to
disqualification
onaHouse
the
ground
that
he is her
not
ALTERNATIVE
ANSWER:
Constitution.
Section
1, Article
the citizenship
Nicasio
and
he
isoffound
toshe
be
disqualified
must
be
acitizen
natural-born
Philippine
Filipino
mother
in 1945
and
elected
the
Revised
Naturalization
Act, IV
in of
such
a1987
case the
Filipino
citizen
stating
thatPhilippines,
had none
of
the
natural-born
the
howcitizen.
should
SUGGESTED
ANSWER:
No. Zeny
was
notage
qualified
to run
Governor.
Constitution
provides:
"The
following
are
citizens
from
canhim
the1 second-placer
be
According
to Section
(3), decided?
Article
of sworn
the
1987
upon
reaching
the
offor
21.
She
is afor
natural
residence
requirement
naturalization
willborn
be
disqualifications
provided
in IV
the
Revised
the
caseoffice,
against
be
Explain
your
On
the
assumption
that
took
anPhilippines
oath
Under
the
Constitution,
"citizens
of
of
the
Philippines:
"(l)
Those
who
arethe
citizens
ofof2
into
office
as governor?
c)jilted
If, instead,
Constitution,
children
before
January
Filipino
citizen
as
by
Article
IV,
Section
reduced
from
tenprovided
(10)
toTCA
five
(5)
years.
Under
Naturalization
Law. Theborn
FilipinoNicasio
girlfriend17,
of
answer.
(5%)
allegiance
toaliens
ZOZ
acquire
citizenship
of
whothe
the
Philippines
marry
at theto
shall
time
retain
ofxthe
adoption
their
citizenship,
of this
had
born
(of the
1973
of
mothers,
who claiming
elect Philippine
of
Constitution

"xof
xthe
those
who
elect
Section
1(2),
Article
IV
Constitution,
the
Peterbeen
Go Filipino
opposed
the petition
that Lily
her
husband,
she
notinaqualified
tocitizen
run with
for
SUGGESTED
set
parents)
the not
United
unless
Constitution;"
byoftheir
act
oris omission
they are
deemed,
citizenship
upon
reaching
the
age
of States
majority
are
Philippine
citizenship
accordance
children
an
alien
and
Filipino
are
Teh same
was still
aofANSWER:
minor
whoinhad
even
celebrated
The
case
heshould
thereby
beacquired
decided
American
in favor
of A. Asinheld
mayor.
She
did
not become
citizen
ZOZ
under the
to
have
renounced
it." (Sec.
4,
Art.
Philippine
citizens.
paragraph
(3),
Section
1 hereofa shall
be of
deemed
citizens
of law
the
Philippines.
her and
21st
birthday,
who never
resided
the
citizenship
by birth,
answer
be
merely
by virtue
ofHer
her
marriage,
she
also took
In
Bengson
v.
House
of would
Representatives
Electoral
IV, Constitution).
residing
Kongo
natural-born
citizens."
Hence
she isin
qualified
toand
be
Philippines
except
during
heryour
one-week
visit as
different?
SUGGESTED
ANSWER:
a) repatriation
No,
Nicasio
Tribunal,
357
SCRA
545
an
oath of ato
allegiance
to ZOZ.
By this
act, sheoflost
acquiring
Kongo
passport
are
indicative
her
appointed
the Supreme
Court.
tourist from
Taipeh
during
the(2001),
Chinese
New
Year,
Effects
of Philippine
Bill of
1902
(2001)
Section
IV
of the
the
1987
Constitution
no
Philippine
citizenship.
held
her
Philippine
citizenship.
(Section
1 [3],
results
in2,possesses
theArticle
recovery
of
original
renunciation
of Philippine
citizenship,
which
is a
wholonger
spoke
only
Chinese,
and
who nationality.
had As
radical
No
I - From
mainland
he was
provides:
"Those
who
elect
Philippine
citizenship
in
in
Frivaldo
vs.
COMELEC,
174
SCRA
245,
by
Since
A
was
a
natural-born
Filipino
citizen
before
Commonwealth
Act
No.China
63.) wherewhich
ground
for loss
of her
citizenship
sheborn
was
ideas liked advocating unification of Taiwan with
Electing
Citizenship;
When
Proper
of
ChinesePhilippine
parents,
Nya TsaWhen
Chan
migrated
to
accordance
with
paragraph
(3),
Section
1
hereof
becoming
a
naturalized
American
citizen,
Nicasio
he
became
a
naturalized
American
citizen,
he
supposed
to
have Mr
retained.
she
ran
for
mainland China. Lily Teh, however, swore that she
Effect
of Repatriation
(Q8-2006)
the
Philippines
in 1894.(1999)
As
of April
shall
bePhilippine
deemed
natural-born
citizens."
On
the
lost
citizenship.
Under
Section
1(1)
of
was his
restored
to her
his
former status
as
a and
naturalGovernor
of Sorsogon,
Zeny
was 11,
no 1899,
longerhea
renouncing
Chinese
allegiance
while
No
2.
IIIalready
-Atty.
B.
Richard
Julio
Hortal
Chua
was
was
born
born
in of
1964.
He
was
a and,
permanent
resident
ofFilipino
the
hand,
if
the
child
was
born
after
January
17,
Commonwealth
Act
No.
63,
Philippine
citizenship
is
born
Filipino
when
he
repatriated.
Philippine
citizen
hence,
was
disqualified
foris other
she knew no Filipino customs and traditions as yet,
parents.
a
legitimate
Upon
son
reaching
of
a
Chinese
the
age
father
of
and
majority,
a
Filipino
he
Philippine
Islands
and
continued
to
reside
in
this
1973,
he
would
be
considered
a
natural
born
lost
by
naturalization
in
a
foreign
country,
said position.
she evinced a sincere desire to learn and embrace
became until
mother.
His
a naturalized
father
became
citizen
ainnaturalized
another
country.
Filipino
country
his death.
During
his
lifetime
and
citizen
of election
pursuant
to Art. IV,
them. without
Would need
Lily Teh
succeed
in becoming
a
Effect
of
Repatriation
(2003)
Later, he
citizen
he
when
reacquired
Atty.
Chua
Philippine
citizenship.
a minor. Eventually,
when
was
already
inwas
the still
Philippines,
Mr.Could
Nya
Sec.
1(2).
Filipino citizen through her marriage to Peter Go?
2) Although
under
Section
11(1),
Article
of the No
IV - Juan Cruz was born of Filipino parents in
Hortal
he
studied
regain
law
hisand
status
was as
allowed
byborn
the
Supreme
Filipino
Tsa
Chan
married
Charing,
anatural
Filipina,
withXVI
whom
Explain.
Constitution,
mass
media
must
be
wholly
owned
by
Natural
FilipinoIn(1998)
1960
in Born
Pampanga.
1985, he enlisted in the
citizen?
Court
to
Would
take
the
your
bar
answer
examinations,
be
the
same
subject
whether
to
his
he begot one son, Hap Chan, who was born on
No
IV
Andres
Ang
was
bornan
a Chinese
father
Filipino
citizens
and
under
Section
2
of
the
Antib)
2nd
placer
cant
be
sworn
toofoffice...
U.S.
Marine
Corps
and
took
oath
of allegiance
he
submission
reacquires
to
the
his
Supreme
Filipino-citizenship
Court
proof
of
by
his
October 18. 1897. Hap Chan got married also to
SUGGESTED
and
a
Filipino
mother
ANSWER:
in
Sorsogon,
Sorsogon.
On
Dummy
Law
aliens
may
not
intervene
in
the
to
the
United
States
of
America.
In
1990,
he
was
repatriation
Philippine
citizenship.
or by act
ofAlthough
Congress?
heExplain.
never
complied
(3%)
Nimfa,
a Filipina,
and
one
of their
children
was
Yes,
c)
January
If
Nicasio
Lily
Teh
20,
was
ipso
1973,
born
facto
in
in
became
the
1988,
United
a
his
Philippine
States,
father
he
citizen
was
management
of
any
nationalized
business
activity.
with
such
requirement,
practiced law
Lacqui
Chan
who was Atty.
bornChua
on September
27,for naturalized as an American citizen. In 1994, he
FIRST
ALTERNATIVE
ANSWER:
upon
would
her
stillmarriage
be
asaacitizen
Filipino
to Peter
of citizen.
theGo,
Philippines,
who
OnAct
May
is aNo.
11,
since
Philippine
1998,
his
Zeny may
be until
elected
vice
president
of filed
the
Philippine
was repatriated
under
Republic
2430.
many
years
Noel
Eugenio
with the naturalized
1936.
Lacqui
Chanone
finished
the
course
Bachelor
Julian
Mortal
can
regain
his
status
as
a
natural
citizen, the
parents
are
Ang
provided
Filipinos.
was National
elected
she
Under
possesses
Representative
Section 1(2),
none
of
of the
the
Bulletin,
she and
hasfor
remained
a against
Filipino Andres
During
1998
Elections,
he those
ran
for
Supreme
Court
a complaint
disbarment
of
Sciencebecause
in Commerce
eventually
engaged
born
by Section
repatriating.
Since
repatriation
disqualifications
whose
District
fathers
or
of mothers
laid
Sorsogon.
down
areincitizens
Juan
Section
of the
4 ofFirst
who
the
citizen.
Under
Article
IV citizen.
of the First
and
was
elected
representative
ofBonto
him
oncitizen
the
ground
that he 4,
is not
a Filipino
in
business.
involves
restoration
ofcitizens
a person
to marry
citizenship
RevisedofNaturalization
Philippines
the
aresecond
citizenswhere
highest
ofLaw.
the he
Philippines.
According
number
to
Nicasio
votes,
to his
the
Constitution,
Filipino
who
aliens
District
Pampanga
resided of
since
He
then filed
with the
Bureau
of Immigration
an received
In
the May
1989
Lacqui
Chan
ranMortal
for
and
previously
lost
byelection,
expatriation
and
Julian
rulinga possess
would
in
petition
MoyWas
for
Ya
dual
Quo
Lim
citizenship,
Warranto
Yao vs.since
against
Commissioner
under
Ang.
retains
their
citizenship
unless
by
their
act
or filed
repatriation.
he
qualified
to run
for The
theof
affidavit
electing
Philippine
citizenship.
Noel
was
elected
(Congressman).
rival petition
previously
a natural
born
citizen,
case
he
Immigration,
American
Law
was41persons
SCRA
filed born
292,
within
anthe
the
alien
United
House
woman
States
who
of
omission
they
are
deemed,
under
the in
law,
toHis
have
position?
Explain.
contested
it Representative
claiming
it was
filed
many
years
after
candidate,
Ramon
Deloria,
filed
ahis
quo
warranto
SUGGESTED
ANSWER:
repatriates
he
will acts
be
restored
status
a or Representative
marries
are
American
a Filipino
citizens.
Electoral
husband
AsTribunal
held
ipso
in facto
Aznor
(HRET).
becomes
vs. Bontoa
renounced
The
orage
omission
which
willas
result
Atty.
Chua it.
reached
the
oftomajority.
Will
Atty.
disqualification
case
against
him onenumerated
thecitizenship
ground that
Cruz
was
qualified
to not
run
of the
natural
If
he reacquired
his
Filipino
COMELEC.
citizen
that
185
Ang
without
SCRA
is
703,
having
aasnatural
arepresentative
person
to possess
born
who
citizen
any
ofof
in loss
ofcitizen.
citizenship
are
in contends
Chua
beborn
disbarred?
Explain.
(5%)
FirstPhilippines
Districtboth
of Pampanga.
Since
his parents
were
he
wasactnot
Filipino
It is
was
pointed
by
an
of aCongress,
Julian
Hortal
will
not be
a in the
possesses
qualifications
and
Philippine
prescribed
therefore
and
is
inAmerican
disqualified
Section
2 of
to
be
the
Commonwealth
Act No,citizen.
63. Zeny
not
guilty
ofout
any
particular,
Lacqui
Chan
not
elect
Philippine
Filipino
citizens,
was and
aLaw
natural-born
citizen.
natural
citizen,
since did
heUnited
reacquired
his
Revised
citizenship
member
of
is
Naturalization
the
still House.
ahe
Filipino
doesprovided
not lose
hisshe
of them. born
Asthat
held
in Kawakita
vs.
States,
343 a
Although
he
became
a naturalized
American
citizenship
reaching
the age of 21.
byperson
legislative
possessescitizenship
none
of the
unless
disqualifications
he renounces
set
it.forth in
U.S. 717, aupon
who naturalization.
possesses
dual citizenship Philippine
Bengson
of
Section under
4 of the ruling
same in
law.
All of v.
theHouse
grounds
like Zeny may exercise rights of citizenship in both citizen,
HRET
in favor
ofTribunal.
Ang.ofBonto
Representatives
Electoral
357 filed
SCRA
invoked
by ruled
the former
girlfriend
Peter
Go afor
countries and the use of a passport pertaining to The
SECOND
SUGGESTED
ALTERNATIVE
ANSWER:
ANSWER:
Decide
whether
Mr.
Chan
suffers
from a in petition
for
certiorari
in
Supreme
Court.
The
Electing
Philippine
(Q8-2006)
545
[2001],
bypetition
virtueCitizenship
his repatriation,
Cruz
was
opposing
the
of the
Lily
Teh, except
for
the
last
one country
does
notLacqui
result
in loss
of citizenship
Julian
disqualification
No,
Atty.
Hortal
Chua
cannot
will
or not.
not
regain
(5%)
be disbarred.
his statusAtty.
as aChua
natural
is
1.
following
Atty.
issues
Emily
are
Go,
raised:
a status
legitimate
of anot
restored
to
his
original
aTeh
natural-born
one, are
qualifications,
which as
Lilydaughter
need
the other
country.
SUGGESTED
born citizen
already
a Filipino
byANSWER:
repatriating.
citizen and there
He had
wasto no
perform
need
Chinese
father
and that
a Filipino
mother,
was born in
Filipino
citizen.
possess.
The fact
Lily Teh
is advocating
the
ALTERNATIVE
Lacqui
is ANSWER:
ahis
Filipino
citizen
and
need
not
(1)
Whether
case
is justiciable
thata
an
for
act
himtoChan
acquire
to file
the
citizenship,
affidavit
electing
i.e.,
repatriation.
Filipino
1945.
At 21,ofthe
she
elected
Philippine
citizenship
and
unification
Taiwan
with
mainlandconsidering
China is not
Effects
ofSection
Marriages
(1999)
Neither,
wasAn
Zeny
qualified
hold
position
of
Article
VI.
17 of
the
Constitution
declares
elect
Philippine
citizenship.
His
father,
Hap
Chan,
SUGGESTED
ANSWER:
Under
citizenship.
Section
2,
election
ArticleofIVto
Philippine
of
thetheConstitution,
citizenship
studied
law.
She
passed
theunder
bar examinations
ground
for
disqualification
Section
4 of the
vice-president
of Philippine
Bulletin.
Under
the
No
IIIWhat
the
effects
of of
marriages
of:
the
HRET
to are
be
Judge"
of many
all
contests
was
a born
Spanish
subject,
was
residing
inalien.
the
1) Under
Section
4, "sole
Article
IV
the
Constitution.
and
engaged
in the
private
practice
for
years.
natural
presupposes
citizens
that
the
are
person
those
electing
who
are
is an
citizens
Revised
Naturalization
Law.
1
atocitizen
anCouncil
alien;
(1%)
Constitution,
"the
ownership
management
relating
theand
election
returns
and
ZenyJudicial
retained
herto
Filipino
citizenship.
Since
Philippines
on
April
11,
1899,
and
continued
The
Bar
nominated
her she
as a
from
His
father,
birth without
however,
having
already
toand
became
perform
an
a Filipino
act ofto
2
an for
alien
to
amembers
citizen;
on
spouses
mass media
shall
beChua
limited
to
of the
disqualifications
ofposition
of their
the
of of
also became
athe
citizen
of Kongo,
sheHouse
possesses
reside
inorthe
Philippines.
In citizens,
accordance
candidate
of Associate
Justice
acquire
citizen
when
perfect
Atty.
theirwas
citizenship.
still
a minor
If with
and
he
and
children?
Discuss.
Philippines,
or
to
corporation,
cooperatives
or
Effect
Representatives.
of Oath
ofPursuant
[5%]
Allegiance
(2004) 40 is
dualSupreme
citizenship.
tonomination
Section
(d)being
of the
the
Court.
But(1%)
her
Section
ofhis
the
Philippine
Billan
ofbefore
1902,
he age
was of
a
reacquired
thus,
he 4was
already
citizenship
a Filipino
by
act
of the
Congress,
SUGGESTED
ANSWER:
(2)
Whether
isJuris
a medical
natural
citizen
ofleft
the
associations
wholly
owned
managed
such
(4-a)
TCA,
a Ang
Filipina
technologist,
Local
Government
Code,
shebom
is disqualified
toin
run
contested
by
Atty.
Castillo,
also
an aspirant
Filipino
citizen.
Hence,
inNos.
accordance
with
Julian
majority
Hortal
(Co
v.will
HRET,
not
be
G.R.aand
natural
92191-92,
bornbycitizen
July
1.)
According
toShe
Section
4,
Article
IV
of the
citizens"
XI [1],
Art.
XVI),
Being
a nonPhilippines.
HowState.
should
case
be
1975
to
work|5%]
in
ZOZ
In this
1988
she
married
forthe
governor.
In
addition,
if Zeny
returned
to the
to
position.
Section
1(3}
of the
1935
Constitution,
Lacqui
since
30,1991).
he (Section
reacquired
his
citizenship
by legislative
Constitution,
Filipino
citizens
whotomarry
aliens
Philippine
decided?
SUGGESTED
ANSWER:
ODH,
a citizen
ofthan
ZOZ.
ZOZ's
law, by
Philippines,
less
a Pursuant
year
immediately
before
Chan
is a citizen,
naturalZeny
born can
Filipino citizen, since his
naturalization.
Natural
Born
Filipino
(1989)
retain
citizenship,
unlessshe
by their act or
taking their
an oath
of allegiance,
father was
a Filipino
citizen.

he is a repatriated Filipino citizen and a


resident of the Province of Laguna. To be
qualified for the office to which a local
official has been elected, when at the latest
should he be: (5%)

with Section 2, Article IV of the Constitution,


which reads:
Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1
hereof shall be deemed natural born citizens."

(a)

2) Ernest is not under-aged. (minimum 25


yrs old)....

A Filipino Citizen? Explain.

SUGGESTED ANSWER:
The citizenship requirement is to be possessed by
an elective official at the latest as of the time he is
proclaimed and at the start of the term of office to
which he has been elected. Section 39 of the
Local Government Code, which enumerates the
qualifications of elective local government officials,
does not specify any particular date or time when
the candidate must possess citizenship. (Frivaldo
Natural-Born
v.
COMELEC, Filipino(1993)
No. 1:No.
G.R.
In 1964,
120295,
Ruffa,
Junea 28,1996)
Filipina domestic helper
working in Hongkong, went to Taipei for a vacation,
(b)
A resident
the locality?
Explain.
where
she metofCheng
Sio Pao,
whom she
married. Under Chinese Law, Ruffa automatically
SUGGESTED
ANSWER:
became a Chinese
citizen. The couple resided in
Under
Section
LocalRuffa
Government
Hongkong,
where39
on of
Maythe
9, 1965,
gave
Code,
individual
possess
the residency
birth toan
a boy
named must
Ernest.
Upon reaching
the
requirement
in Ernest
the locality
where
he intends to
age of majority,
elected
Philippine
run
at least After
one the
yearEDSA
immediately
preceding
citizenship.
Revolution,
Ernest the
day
of election.
decided
to live permanently in the Philippines,
where he prospered as a businessman. During the
May 11, Illegitimate
1993 election,
Ernest
ran and won as a
Status;
Child
(1990)
congressman.
opponent,
noting
Ernest's
No.
3: Y was His
elected
Senator
in the
May 1987
Chinese elections.
ancestry, filed
a petition
to disqualify
thein
national
He was
born out
of wedlock
latter on
(1) Ernest
Cheng is
1949
of the
an following
Americangrounds;
father and
a naturalized
not a natural
born Filipino;
andelected
(2) he is underFilipina
mother.
Y never
Philippine
aged. Decide.
citizenship
upon reaching the age of majority.
(1)
Before what body should T, the losing
SUGGESTED
ANSWER:
candidate, question
the election of Y? State the
1) Ernestfor
cannot
be disqualified. Section 1, Article
reasons
your answer.
IV of theIsConstitution
"The following
are
(2)
Y a Filipino provides:
citizen? Explain
your
citizens of the Philippines; XXX XXX XXX "(3)
answer.
Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority;" Ernest could elect
Philippine citizenship since he was born before
January 17, 1973 and his mother is a Filipino. As
stated in the cases of Torres vs. Tan Chim, 69 Phil.
518 and Cu vs. Republic, 83 Phil. 473, for this
provision to apply, the mother need not be a
Filipino citizen at the time she gave birth to the
child in question. It is sufficient that she was a
Filipino citizen at the time of her marriage.
Otherwise, the number of persons who would be
benefited by the foregoing provision would be
limited.
Having elected Philippine citizenship, Ernest is a
natural-born Filipino citizen in accordance

Naturalization; Cancellation of Citizenship


(1998)
No X. - Lim Tong Biao, a Chinese citizen applied
for and was granted Philippine citizenship by the
court. He took his oath as citizen of the Philippines
to July 1963, in 1975, the Office of the Solicitor
General filed a petition to cancel his Philippine
citizenship for the reason that in August 1963, the
Court of Tax Appeals found him guilty of tax
evasion for deliberately understating his income
taxes for the years 1959-1961.
(1) Could Lim Tong Biao raise the defense of
prescription of the action for cancellation of his
Filipino citizenship? [3%]
(2) Supposing Lim Tong Biao had availed of the
Tax Amnesty of the government for his tax
liabilities, would this constitute a valid defense to
the cancellation of his Filipino citizenship? [2%]
SUGGESTED ANSWER:
1. No, Lim Tong Biao cannot raise the defense of
prescription. As held in Republic us. Go Bon Lee,
1 SCRA 1166, 1170, a decision granting
citizenship is not res judicata and the right of the
government to ask for the cancellation of a
certificate cancellation is not barred by the lapse
of time.
2. The fact that Lim Tong Biao availed of the tax
amnesty is not a valid defense to the cancellation
of his Filipino citizenship. In Republic vs. Li Yao,
214 SCRA 748, 754, the Supreme Court held:
"In other words, the tax amnesty does not have
the effect of obliterating his lack of good moral
character and irreproachable conduct which
are grounds for denaturalization,"
Residency Requirements; Elective Official
(Q9-2005)
(1)
In the May 8,1995 elections for local
officials whose terms were to commence on June
30, 1995, Ricky filed on March 20, 1995 his
certificate of candidacy for the Office of Governor
of Laguna. He won, but his qualifications as an
elected official was questioned. It is admitted that

lawfully married just two years ago. Is Miguel Sin


a Filipino citizen?
SUGGESTED ANSWER:
Miguel Sin is a Filipino citizen because he is the
legitimate child of a Filipino mother. Under Article
IV, Section 4 of the 1987 Constitution, his mother
retained her Philippine citizenship despite her
marriage to an alien husband, and according to
Article IV, Section 1(2) of the 1987 Constitution,
children born of a Filipino mother are Filipino
citizens.
Ways of Reacquiring Citizenship (2000)
No XVIII. - Cruz, a Filipino by birth, became an
American citizen. In his old age he has returned
to the country and wants to become a Filipino
again. As his lawyer, enumerate the ways by
which citizenship may be reacquired. (2%)
SUGGESTED ANSWER:
Cruz may reacquire Philippine citizenship in the
following ways:
1
By naturalization;
2
By repatriation pursuant to Republic Act No.
8171; and
3
By direct act of Congress (Section 2 of
Commonwealth Act No. 63).

SUGGESTED ANSWER:
(1) T, the losing candidate, should question the
election of Y before the Senate Electoral Tribunal,
....
(2) Yes, Y is a Filipino citizen. More than that he
is a natural born citizen of the Philippines
qualified to become a Senator. Since Y is an
illegitimate child of a Filipino mother, he follows
the citizenship of his mother. He need not elect
Philippine citizenship upon reaching the age of
majority as held In re Mallare. 59 SCRA 45. In
Osias v. Antonino, Electoral Case No. 11, August
6, 1971, the Senate Electoral Tribunal held that
the illegitimate child of an alien father and a
Filipino mother is a Filipino citizen and is qualified
to be a Senator.

Status; Illegitimate Child; Dual Citizenship


(1996)
No. 8: 2) X was born in the United States of a
Filipino father and a Mexican mother. He returned
to the Philippines when he was twenty-six years
of age, carrying an American passport and he
was registered as an alien with the Bureau of
Immigration.
Was X qualified to run for membership in the
House of Representatives in the 1995 elections?
Explain.
SUGGESTED ANSWER:
Whether or not X was qualified to run for
membership in the House of Representatives in the
1995 election depends on the circumstances.
If X was an Illegitimate child, he is not qualified to
run for the House of Representatives. According
to the case of in re Mallare, 59 SCRA 45, an
illegitimate child follows the citizenship of the
mother. Since the mother of X is a Mexican, he
will be a Mexican citizen if he is an illegitimate
child, even if his father is a Filipino.
If X is a legitimate child, he is a Filipino citizen.
Under Section 2(2), Article IV of the Constitution,
those whose fathers are citizens of the Philippines
are Filipino citizens. Since X was born in the
United States, which follows jus soli, X is also an
American citizen. In accordance with Aznar vs.
Commission, on Elections, 185 SCRA 703, the
mere fact a person with dual citizenship registered
as an alien with the Commission on Immigration
and Deportation does not necessarily mean that
he is renouncing his Philippine citizenship.
Likewise, the mere fact that X used an American
passport did not result in the loss of his Philippine
citizenship. As held in Kawakita vs. Untied States,
343 U.S. 717, since a person with dual citizenship
has the rights of citizenship in both countries, the
use of a passport issued by one country is not
inconsistent with his citizenship in the other
country.
ALTERNATIVE ANSWER:
If X has taken an oath of allegiance to the U.S. he
will be deemed to have renounced his Philippine
citizenship. Consequently, he is disqualified to run
for the House of Representatives.
Status; Legitimate Child (2003)
No IV - Miguel Sin was born a year ago in China
to a Chinese father and a Filipino mother His
parents met in Shanghai where they were

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203
SCRA
767.
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Constitution?
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Representatives
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1987,
iften
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SCRA
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House
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effectivity
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XIV
Discuss
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incorporated
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SUGGESTED
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1989)by
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majority.
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Constitution
Association
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Enriquez,
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SUGGESTED
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235 SCRAif506
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of
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6, itself
Article
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thirds of the
Senate
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required
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mean
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legislative
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power
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the first
Veto
appropriation
law?
(2%)
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ng
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1987
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powers
until
theRetirement
first
Congress
created
other
The House
high
crimes,
of Representatives
orSystem
betrayal(RSBS)
ofchooses
public
notlast
to
(Art.
Separation
Benefits
in trust.
the
under
the 1987
Constitution
was
convened
on
July
XI,
secs.
2-3).veto.
override
this
The
Senate,
five
(5) years
due to
alleged
badhowever,
business
27,
1987.
(2)
Executive
Orders
Nos.
1, 2
14override
are not
proceeds
to
consider
options:
(1) to
judgment.
Would
you two
question
theand
bills
of attainder.
....challenge
constitutionality
the veto
and (2) validity
to
of thethe
special
constitutionality
provision?
(5)
To act
as athe
constituent
the
[3%]
of the veto
before
Supremeassembly
Court. a) for
Is option
revision
or amendment
the
Constitution. (Art.
SUGGESTED
Legislative
ANSWER:
(1) viable?
IfPowers
so.
what(1989)
isof
the
vote
XVII).No,
1.
No.
14: the
An failure
existing
of law
Congress
grantsto government
pass the
requiredwill
to override
thetoveto?
Is option
(2)
budget
employees
the
not option
paralyze
retire
the b)
operations
upon
reaching
of the
the
viable?
why not?
Government.
age
of If57not.
years
and If
completion of at least 30
Section
viable,
25(7),
how should
Article
theVI
Court
of decide
the Constitution
years
of total
government
service.
Asthea fiscal
case?
SUGGESTED
provides: "If,measure,
by the end
any of
fiscal
the
retrenchment
the of
Office
the year,
President
ANSWER:
Congress
have failed to Circular
pass the requiring
general
later
issuedshall
a Memorandum
(a)appropriations
Optionincapacity
1 is notbill
viable
in
asensuing
much ascondition
the House
foran
theadditional
fiscal
year,
physical
as
for
ofthe
Representatives,
fromofwhich
the
general
appropriations
forAppropriations
the
preceding
optional
retirement
age
65law
years.
A government
Act
originated
andbe
to deemed
which
thereenacted
President
must
fiscal
year shall
shall
employee,
whose
application
for and
optional
have
returned
the
law,
unwilling
to was
override
the65
remain
inwas
force
andisbecause
effect until
the below
general
retirement
denied
he
presidential
There
is,physically
therefore,
no basis for
appropriations
is passed
by the incapacitated,
Congress.
years
of ageveto.
andbill
was
not
the Senate
to even
consider
the possibility
of
filed
an action
in court
questioning
the disapproval
overriding
the President's
the
of
his application
claimingveto.
thatUnder
the Memorandum
SUGGESTED
Constitution
theANSWER:
vote
two-third ofofallthe
theemployee
Circular
is void.
Is theofcontention
2.
Yes, Explain.
the
provision
authorizing
the Chief
members
of the
House of
Representatives
and of
correct?
Staff,
with voting
the approval
of will
thebeSecretary
the Senate,
separately,
needed to of
SUGGESTED
ANSWER:
National
override the
Defense,
presidential
to use
veto.
savings to cover the
Yes,
thesuffered
contention
the AFP
employee
is correct.
losses
by ofthe
Retirement
andIn
Marasigan
Cruz, System
150 SCR
1, it was held that
Separation vs.
Benefits
is A
unconstitutional.
(b) It is anot memorandum
feasible to question
the constitutionality
such
circular
is void. By
Section
of the veto
25(5],
before
Article
theVI
Supreme
of the Constitution
Court.
Gonzales
introducing
physical
capacity
as anIn additional
provides:
vs. Macaraig,
"Nofor
191
law shall
SCRA
be152,
passed
theretirement,
Supreme
authorizing
Court
any
condition
optional
the
transfer
upheld the
of appropriations;
constitutionality
however,
of atosimilar
theveto.
President,
memorandum
circular tried
amend
theUnder
law.
the
Article
President
Sec.of
the
Senate,
of the
the
aofdistinct
the
Such
aVI,
power
is27(2)
lodged
withConstitution,
the Speaker
legislative
branch
House
severable
ofwith
Representatives,
of the General
the Chief
Appropriations
Justice of the
and
not
thepart
executive
branch.
Supreme
act may be
Court,
the subject
and theofheads
a separate
of Constitutional
veto.
Loans
Extended
toprovision
Members
ofnot
Congress
Commissions
Moreover,
the may,
vetoed
by
law,
be authorized
does
relate
to
to
(1991)
augment
any particular
any item
appropriation
in the
and is more an

now contemplates public service but without


losing the flexibility to engage in corporate affairs
or participate in professional activities within
ethical bounds.
Taking into account the prohibitions and
inhibitions of public office whether as Senator or
Secretary, he turns to you for advice to resolve his
dilemma. What is your advice? Explain briefly.
(5%)
SUGGESTED ANSWER:
I shall advise JAR to run for SENATOR. As a
Senator, he can retain his investments in his
business, although he must make a full disclosure
of his business and financial interests and notify
the Senate of a potential conflict of interest if he
authors a bill. (Section 12, Article VI of the 1987
Constitution.) He can continue practicing law, but
he cannot personally appear as counsel before
any court of justice, the Electoral Tribunals, or
quasi-judicial and other administrative bodies.
(Section 14, Article VI of the 1987 Constitution.)
As a member of the Cabinet, JAR cannot directly
or indirectly practice law or participate in any
business. He will have to divest himself of his
investments in his business. (Section 13, Article
VII of the 1987 Constitution.) In fact, the
Constitutional prohibition imposed on members of
the Cabinet covers both public and private office
or employment. (Civil Liberties Union v. Executive
Secretary, 194 SCRA 317)
Qualifications; Congressmen (1988)
No. 13: -Robert Brown was born in Hawaii on May
15, 1962, of an American father and a Filipina
mother. On May 16, 1983 while holding an
American passport, he registered as a Filipino
with the Philippine Consulate at Honolulu, Hawaii.
In September, 1983 he returned to the Philippines,
and took up residence at Boac, Marinduque,
hometown of his mother. He registered as a voter,
voted, and even participated as a leader of one of
the candidates in that district in the 1984 Batasan
elections. In the elections of 1987, he ran for
Congressman, and won. His sole opponent is now
questioning his qualifications and is trying to oust
him on two basic claims: He is not a natural born
Filipino citizen, but is in
fact, an American, born in Hawaii, an
integral portion of the U.S.A., who holds an
American passport; He did not meet the age
requirement; and He has a "green card" from the
U.S.
Government.

Assume that you are a member of the House


Electoral Tribunal where the petition for Brown's
ouster is pending. How would you decide the
three issues raised against him?
SUGGESTED ANSWER:
The first and third grounds have no merit. But
the second is well taken and, therefore, Brown
should be disqualified.
1. Robert Brown is a natural born citizen of the
Philippines. A person born of a Filipino mother
and an alien father before January 17, 1973, who
thereafter upon reaching the age of majority elect
Philippine citizenship, is a citizen of the
Philippines (Art. IV, sec. 1(3)). Under Art. IV, sec,
2 he is also deemed a natural-born citizen.
2. The Constitution requires, among other things,
that a candidate for member of the House of
Representatives must be at least 25 years of age
"on the day of the election." (Art. VI, sec. 6). As
Brown was born on May 15, 1962, he did not
become 25 years old until May 15, 1987. Hence
on May 11, 1987, when the election was held, he
was 4 days short of the required age.
3. The Constitution provides that those who seek
either to change their citizenship or to acquire the
status of an immigrant of another country "during
their tenure" shall be dealt with by law (Art. XI,
Non-Legislative
Powers;
Powers;
sec.
17). The provision
cannotEmergency
apply to Brown
for
Requisites
the
following(1997)
reasons: First, Brown is in addition
No.American
11: During
a period
of national
emergency.
an
citizen
and thus
has a dual
Congress
may
grant
emergency
powers
to the
citizenship which is allowed by the Constitution.
President,
State
the
conditions
under
which
suchto
(Cf. Art. IV, sec. 4), Second, Brown did not seek
vesture
is
allowed.
acquire the status of an immigrant, but is an
SUGGESTED
ANSWER:
American
by birth
under the principle of jus soli
Under
Section
VIThird,
of thehe
Constitution.
obtaining in the23(2),
UnitedArticle
States.
did not
Congress
may
grant
the
President
emergency
seek to change his status during his tenure
as a
powersofficer.
subject
to the the
following
conditions:
public
Fourth,
provision
of Art. XI, sec.
17 is not self-executing but requires an
(1) There is a war
other
emergency:
implementing
law. or
Fifth,
butnational
above all,
the House
(2)
The
grant
of
emergency
powers
be forthis
Electoral Tribunal has no jurisdictionmust
to decide
a
limited
period;
question since it does not concern the
(3) The grantofofaemergency
powers is subject to
qualification
member-elect.
such restrictions as Congress may prescribe; and
(4) The emergency powers must be exercised to
carry out a declared national policy.
Prohibitions and Inhibitions of Public Office
(2004) (3-a) JAR faces a dilemma: should he
accept a Cabinet appointment now or run later for
Senator? Having succeeded in law practice as
well as prospered in private business where he
and his wife have substantial investments, he

Determine
Revolution,
correctness
(b)
Did Gen.Ernest
of
with
de
the
Silva
decisions
reasons
decided
violatetoof
the
the
live
theConstitution
permanently
legality
Supremeof inin
the
SUGGESTED
ANSWER:
Philippine
Representatives
citizenship
for a upon
third term.
reaching
Thisthe
term
age
should
of
the Philippines,
Court
immediately
as finalassuming
arbiter
where
ofhe
office
all prospered
justiciable
prior to a
as
disputes
a salaries
is
1) Aincluded
is senior
to
In accordance
with
thelimits,
ruling
appointments
and
the
disbursements
for
majority
be
to be
in considered
theB.computation
a natural
of the
born
term
citizen
businessman.
conclusive
confirmation
upon
ofthe
During
his
allconstitutional
appointment?
other
the departments
May 11,
1993of
election,
the
in Summers
vs.
Phil.
754,
the
by
discussing
validity
of
Sections
and
even
qualified
if "A" didto
not
runOzaeta.
serve
for Congress.
for 81
a full
term.
Republic
(Record
Act ad
of
(c)
Are ran
the
appointment
designation
valid?
Ernest
government;
and
thewon
Ombudsman
as6975.
aand
congressman.
has no power
His
to
No.
the
interim
Constitutional
6809
appointment
reduced Commission,
theextended
majority age
to
Vol.
Aton,
iseighteen
p.
permanent
592.) He
26
and
31 of
R.A.
No.
(5%)
SUGGESTED
ANSWER:
opponent,
review
the noting
decisions
Ernest's
of theChinese
Supreme
ancestry,
Court byfiled a
(18)
remained
and isyears.
effective
a Member
Cuenco
upon of
his
v.the
Secretary
acceptance
House ofofalthough
Justice,it 5is
(a)
The
The
appointments
President
isofcorrect.
Under
and
Presidential
Mahigpit
petition
entertaining
to disqualify
a complaint
theMatapang
latter
against
on the
the
Justices
following
of are Representatives
SCRA
recognized
even if he
three
was
(3)
years from
subject 108
to confirmation
by
thesuspended.
Commission
on
Decree
No.
thefor
grade
of
four-star
general
grounds;
the
valid
Supreme
even
(1)360,
ifErnest
Court
they
Cheng
were
knowingly
isnot
not
confirmed
arendering
natural
bom
an
by isthe reaching
Appointments.
the age of majority as the reasonable
conferred
only
upon
Chief of Staff.
Hence,
Filipino;decision.
unjust
Commission
and
(2)
on
he
Appointments,
isthe
underaged.
because
Decide.
theythe
are period for electing Philippine citizenship. Since
SECOND
2) If Congress
adjourned
without
the in
appointments
appointment
of public
Renatoofficials
de ANSWER:
Silva
as a four-star
not
amongALTERNATIVE
the
whose
appointments Republic
Act No.
6809 took
effect
1989 and
SUGGESTED
Article
XI,
Section
ANSWER:
1confirmed
of theto1987
general
must
be
deemed
carry
withfirst
it hissentence there
of
A
and
B
having
been
confirmed
by the
are
required
to
be
byConstitution
the
is
no
showing
that
Victor
Ahmad
elected
ARTICLE
VII
1) Ernest
cannot
be officers
disqualified.....
provides
appointment
as
public
Chief
of Staff
of
at
all Constitution.
times be
Commission
on Appointments,
A cannot
return
of
Articlethat
VII,
Section
16must
of the
theAFP,
Philippine
citizenship
within three
(3) years
fromto
Executive
accountabletotoManalo
the people.
Section 312
22 ofSCRA
the
his old
As heldthe
in Summers
vs. Qzaeta,
According
v. Sistoza,
239 the
timeposition.
he reached
age of majority
on
Department
(b)
Gen.Sections
Renato
de
did
not
violate
the
2) Ernest
is not
been
born
on
Ombudsman
Actunder-aged.
provides
thatHaving
the
Office
ofAct
the6975
81 Phil. 16,
754,199C,
by he
accepting
an ad
interim
(1999),
26 Silva
and 31
of
Republic
December
is not qualified
to run
for
Power;
Acting
Constitution
he because
immediately
assumed
office
Mayunconstitutional,
9, 1965,when
he was
over twenty-five
years
old on
Ombudsman
has
the
power
to Congress
investigate
any
appointment to a new
position, A
waived his vs.
right
are
cannot
by Appointing
Congress.
Permanent
Appointment
(2003)
before
the
of his
appointment,
since
the expand
date
ofconfirmation
the list
May
11,
1993
election.
serious
misconduct
allegedly
committed
by(Election
law
the
of
public
officials
required
to be to hold his old position. On the other hand, since B
No
V consulted
- What the
is new
the
nature ofhe16,
an
"acting
his
was
an
ad interim
If
me
on December
1991,
I
wasappointment
heldremovable
onbyMay
11,
1992).
Section
6,
Article
officials
by
impeachment
for
the VI of
didhenot
assume
position,
retained
his
confirmed
the
Commission
onappointment.
Appointments.
appointment"
to
a
government
office?
Does
such
Under
Article
VI I,a requires
Sec.
16
ofMatapang
the Constitution,
such
would
inform him that he should elect Philippine
the Constitution,
congressmen
be
at
purpose
ofappointments
filing
verified
forand to
old position.
Since
the
ofcomplaint
Mahigpit
an
appointment
give he
the can
appointee
the right to
appointment
immediately
effective
and
is subject
citizenship
so that
be considered
a
leastvalid,
twenty-five
years of The
age
on
the
day
of
the
impeachment
warranted.
can
are
theisifdisbursements
ofOmbudsman
their
salaries
and
claim
that
the
appointment
will,
in
time,
ripen into
only
to disapproval
by the
natural born citizen.
election.
entertain
the are
complaint
for Commission
this purpose.on
emoluments
valid.
permanent one?
Explain.
Appointing
Power;
Appointments Requiring
Appointments or as a result of the next adjournment a
SUGGESTED
ANSWER:
Qualifications;
Three-Term
Limit:
Congressmen;
Congressmen
(1999)
(1996)
Confirmation;
RA 6975-Unconstitutional
(2002)
of
the Congress.
Separation
of Powers
(1988)
According
to any
Sevilla
Court of Appeals.
No III
No.
13:- -C.X,Victor
a member
Ahmad
of the
wasHouse
born on
of December
No. 25: Can
otherv.department
or agency209
of
SCRA
an 13,
acting
appointment
Appointing
Categories
Officials
No VGovernment
-637
On [1992],
December
the President
16, 1972 of a Power;
Representatives,
Filipino
was serving
mother
and
his third
anofalien
consecutive
father.
the
review
a 1990,
decision
of theis
merely
Asor
held
in Marohombsar
v.
(c)
The
appointment
designation
ofhis
Gen.
de
(1999)
Under
term
in the
the
law
House.
of his
Inand
father's
June
1996
country,
he was
appointed
mother
signed temporary.
into
Republic
Act No. 6975
Supreme
Court?law
Why
why not?
Alonto,
194
SCRA
390
[1991],
a
temporary
Silva
are acquire
valid
for
reasons
above.
A.
What
are
sixgiven
categories
ofHowever,
officials
SUGGESTED
(subsequently ANSWER:
amended by RA No. 8551) creating
did 1.)
Secretary
not
of National
histhe
Defense.
father's
citizenship.
Can
he run
for
Victor
appointment
cannot
become
a Government.
permanent
from
another
view
they
are
not
valid
who
areto
subject
toofthe
appointing
power
of the
No.
The Supreme
isand
the Local
highest
arbiter of
consults
election
you
thepoint
on
Senate
December
in the
21,
1998
1993
elections?
and
informs
the Department
of Court
Interior
appointment,
unless
a new
appointment
which
is
because
they
were made
within
period of
President?
(2%)
legal
Sections
questions.
26 and
(Javier
31 of
the
v. law
Comelec,
provide144
that
SCRA
senior
you of his
Explain.
intention
to run
for the
Congress
in the
the
permanent
isTomade.
This National
holds
unless
the
ban
making appointments.
Under
194
(1986))
allow
review
of its true
decision
by
the
1995forelections.
Is he qualified
to Article
run? VII,
What
officers
of the
Philippine
Police
(PNP),
acting
appointment
was made
because
a
SUGGESTED
Sec.
2.)
Name
15would
the the
President
ANSWER:
category
prohibited
or categories
ofmaking
officials
other
from Senior
departments
Superintendent,
of government
Chiefwould
Superintendent,
upsetofthe
advice
you
giveis him?
Wouldfrom
your
answer
temporary
vacancy.
In
such
a
case,
the
temporary
Yes,
appointments
X
can
run
within
for
the
the
Senate
period
in
of
the
two
1988
(2)
months
election.
whose
appointments
need
confirmation
by
the
classic
pattern
of
separation
of
powers
and
be the same if he had seen and consulted you on
Deputy Director General to Director General or
appointee
holds
until
thejudiciary
assumption
ofby
Under
preceding
Section
the
election
7,Appointments?
Articlefor
X President
ofinformed
the(2%)
Constitution,
and
Vice
Commission
on
destroy
Chief of the
PNP
balance
shall,office
among
between
others,
the
be
appointed
and the
December
16,
1991
and
you
of his
office
by
the
permanent
appointee.
President.
The
appointment
in
this
case
will
be
having
served
for
three
consecutive
terms
as
other
departments
of government.
As the Justices
desire to run for Congress in the 1992 elections?
the President
subject
to confirmation
by the
SUGGESTED
ANSWER:
made
onyour
May
3,
1992 (3%)
which
is just 8 days X
away
Member
of
theanswer.
House
of
Representatives.
is only said
Commission
in their
on Appointments.
answer to the complaint for
Discuss
Under
Section
theVice
Constitution,
from
the
election
forArticle
President
President
prohibited
from 16,
running
forVII
theofand
same
position.
impeachment in the Committee on Justice of the
Appointing
ad interim"Just
appointments
FIRST
ALTERNATIVE
ANSWER:
the
six
categories
of
officials
who
are
subject
to
on May 11, 1992. For this reason the appointment
House of Power;
Representatives,
as it is
(1991)
C.
No,
Victor
Ahmad
is
not
qualified
to
run
for
In
1991
the
President
promotedagainst
Chief
and appointing
the
designationpower
of Gen.ofdethe
Silva
President
are afterare
all the
completely unacceptable to file charges
No.
3:
On
3
May
1992,
while
Congress
is
on
a
Three-Term
Limit;
Congressmen
(2001)
Superintendent
Robertoof Congress
Matapang forand
Senior
Congress in the 1995 elections. Under Section 6,
invalid.
following:
the
individual members
the laws
short
recess
for
the
elections,
the
president
1
Head
of
departments;
No
V - During
hisexecutive
third
term,
"A",a amember
Member of
of the
Article
VI
of the
Constitution,
Superintendent
Conrado
Mahigpit
to thethat
positions
enacted
by them
upon the
argument
these of
appoints
deofSilva
the rank of
of or
General
[Note:
May 3, 1991
andwas
May
17,ministers
1992
2
Ambassadors,
other
public
and
House of
suspended
Director
and
Chief
Superintendent
the
ofRepresentatives,
Representatives
must
be are
at from
least
laws
are Renato
violative
the to
Constitution,
arePNP,
a
(4-star)
inofthepublic
Armed
Forces.
designates
theage
Committee
finds
consuls;
office
forSundays.
a period
of 60 of
days
byon
histhe
colleagues
twenty-five
(25) However
years
daynoof the
respectively.
Theirtrust,
appointments
were
in a
betrayal
or She
are also
unjust.
So too,
relevance in the fact that these are holidays and
as Chief
Staff of
the AFP.
He to
immediately
3
Officers
ofhe
thewill
armed
forces
from
the of
rank of him
upon
a vote
of two-thirds
of all
thethan
Members
permanent
capacity.
Without
undergoing
election.
Since
be
less
twenty-five
should
it be of
equally
impermissible
make
the
therefore decided to ignore this fact.]
takes
his
oath
and
assumes
that
office,
withCourt
the
colonel
or naval
captain;
the
In
next
succeeding
he not
(25)House.
years
of the
age
in 1995,
Victor election,
Ahmad is
confirmationmembers
by the Commission
on Appointments,
individual
of the Supreme
of 4-star
General
of took
the
AFP.
4
officers
whose
appointments
are vested rank
filed
his Other
certificate
of Ad
candidacy
for
the same
Matapang
and
Mahigpit
their oath
of office and
qualified
to run.
accountable
for
the court's
decisions
or rulings.
Appointing
Power;
Interim
Appointments
in
him
by
the
Constitution;
position.
"B",
the
opposing
candidate,
filed
an
assumed
their
respective
positions.
Thereafter,
the
(1994)
Under
Section
2,
Article
IV
of
the
Constitution,
to
5
All
other
officers
of
the
government
whose
action
for
disqualification
of
"A"
on
the
ground
Department
of
Budget
and
Management
authorized
No. 16; In December 1988, while Congress was in
Congress
resumes
its salaries
session onand
17 May
be
deemed
a are
natural-born
citizen,
Victorby
Ahmad
appointments
not otherwise
provided
Separation
of Powers
(2003)
that
the A
latter's,
candidacy
Section
7.law; and When
disbursements
for
their
other
recess,
was
extended
anviolated
ad
interim
1992,
the
Commission
on
Appointments
informs
must
6
elect
Those
Philippine
whom
he
citizenship
may
be
authorized
upon
reaching
by
law
to
No
II
A
group
of
losing
litigants
in
a
case
Article
VI
of
the
Constitution
which
provides
that
emoluments.
appointment as Brigadier General of the
Office
President
thatfiled
it has
received
the
appoint.
age (Cruz,
ofArmy,
majority.
Philippine
I shall
Political
advise
Law,
him1998
to elect
ed., pp. the
decided
by of
thethe
Supreme
Court
a complaint
no
Member
of
the
of
Representatives
shall
Philippine
inHouse
February
1989.
When
from
her
office
only
the
appointment
of
De
Silva to
Qualifications;
Congressmen;
(1993)
204-205)
Philippine
citizenship,
if he
yetterms.
done
so,
before
the Ombudsman
charging
the Justices
serve
for more
than
three
consecutive
Congress
was
in
session,
B has
was not
nominated
as"A"
the
rank
of
4-star
General
and
that
unless
his
Juan1:knowingly
Bantay
filed
a taxpayer's
questioning
the
No.
In 1964.
Ruffa,
adeliberately
Filipina suit
domestic
helperan
and
to wait
untilhethe
elections.
with
and
rendering
answered
that
was
notPhilippine
barred from
running
Brigadier
General
of1998
the
Army.
B's
appointment
to
the
Office
of
the
Chief
of
Staff
of
legalitydecision
of Hongkong,
the inappointments
and
disbursements
working
in
went
to Taipei
forpenal
a
unjust
utter
violation
of
the
laws
again
for
that
position
because
his
service
was
nomination was confirmed on August 5, 1989
the
AFP
is
also
submitted,
the
Commission
will
not
My answer by
willhis
be60day
the same
if he consulted
me
vacation,
made.
Bantay
where
argues
shethe
metOmbudsman
that
Cheng
the Sio
appointments
Pao.
whom
are
of
the land.
Can
validly
take
interrupted
suspension
while A's appointment
was
confirmedwhich
on was
act
on
the
matter.
in 1991 andCan
informed
me of
his desire
tohis
run in
she
invalid
married.
inasmuch
Under
as
Chinese
the
same
Law, Ruffa
have not been
cognizance
of
the
case?
Explain.
involuntary.
'A',
legally
continue
with
September 5, 1989. Who is deemed more senior
the 1992 elections.
SUGGESTED
ANSWER:
automatically
became
a Chinese
The
confirmed by the
Commission
on citizen.
Appointments,
as
candidacy
is B?
he already
Why?
(5%)
of the two, or
A or
Supposebarred?
Congress
adjourned
The
President
that
she
submitted
No,
the
Ombudsman
cannot
couple
resided
inSections
Hongkong,
where
onthe
May
9, No.
required
undermaintains
26entertain
and has
31
of
R.A.
without the
to
the Ruffa
Commission
all
that
the Constitution
calls
SECOND
SUGGESTED
ALTERNATIVE
ANSWER:
ANSWER:
complaint.
As
stated
in to
thea case
of In re:Ernest.
Laureta.
1965,
gave
birth
boy
named
6975.
Commission
on Appointments
acting on
for.
C. Under
"A"
cannot
Section
legally 2,
continue
Article
with
his
the
Constitution,
148
382 the
[1987],
to Ernest
the principle
of
UponSCRA
reaching
age pursuant
of majority,
elected
both appointments,
canIV
A of
and
Bcandidacy.
retain their
(a)
Who is citizenship.
correct?
Victor
He
was
Ahmad
elected
must
as
Member
have
elected
of
the
House
of
separation
of
powers,
the
Philippine
After
the
EDSA
original ranks of colonel?

the construction
APPOINTMENT
Under
subdivision,
Section
agency
15,
of
asArticle
aone
or
dam.
instrumentality
Issued
VII
The
of Senate,
the
upon
Constitution,
the
thereof,
byprior
a
authorization
including
resolution,
asked
of the
that
Civil
theService
agreement
orbefore
controlled
Commission
be
within
twogovernment-owned
months
immediately
thesubmitted
nextin
accordance
corporations
to
it for ratification.
with
or their
itsThe
provisions
subsidiaries.
Secretary
They
the
Foreign
rules
shall
presidential
elections
and
up toand
theof
end
of hisand
standards
strictly
Affairs
advised
avoid
promulgated
conflict
the Secretary
of interest
in pursuance
ofinPublic
the thereto
conduct
Workstoand
ofa
term,
the
President
cannot
make
permanent
person
their
Highways
office.
who
not
has
to
not
comply
qualified
with the
in of
an
request
appropriate
of
appointments.
The
designation
Justice
D the
as
examination
Senate.
2) Isbut
thewho
President
otherwise
bound
meets
submit
the
the
acting
Associate
Commissioner
is to
also
invalid.
Calling-out
President
requirements
agreement
toPower;
for
theappointment
Senate
forthe
ratification?
to(Q1-2006)
a regular position
Section
1(2).
Article
IX-C
of
Constitution
1.
What
do you
mean
byCommissioner
the a"Calling-out
in the competitive
service,
vacancyof
prohibits
the designation
ofwhenever
any
SUGGESTED
ANSWER:
Power"
of the
under
Section
occurs
and
thePresident
filling
thereof
is or
necessary
inArticle
the
the
COMELEC
in a temporary
acting18,
capacity.
No,
President
is and
not
bound
to appropriate
submit
the
interest
VII
ofthe
theof
Constitution?
the
service
(5%)
there
is no
Section
12,
Article
VIII
of
the
Constitution
prohibits
SUGGESTED
agreement
to ANSWER:
the
Senate
forofof
ratification.
Under
register
of eligibles
at
the
time
appointment.
the
designation
of any
member
the Judiciary
to
Under
Article
VII,
Sec.
18 of or theonly1987
Section
20,
Article
VII of
the Constitution,
the
any agency
performing
quasi-judicial
Constitution,
whenever
becomes
necessary,
prior
concurrence
of itthe
Monetary
Board the
is
administrative
functions.
Provisionalfor
appointments
in general
have
already
President,
as
Commander-in-Chief,
may call
out
required
the
President
to contract
foreign
beenarmed
abolished
bythe
Republic
Actof6040.
However,orit
the
forces
to Republic
aid him
inthe
preventing
loans
on behalf
of
Philippines.
Appointing
Ad violence,
Interim
Appointments
still applies Powers;
with
regard
to teachers
under the
suppressing
lawless
invasion
or
(Q4-2005)
Magna Carta
for v.
Public
School
rebellion
(David
Arroyo,
G.R.Teachers.
No. 171396, May
(1)2006).
Enter
In into
MarchContract
2001, while
or Congress
Guarantee
was Foreign
3,
ALTERNATIVE
adjourned,
Loans
(1999)
the President
ANSWER:
appointed Santos as
Declaration;
State
of
Calamity;
Legal
Effects
TheI case
Chairman
No
- What
of
of are
Regis
the
the
COMELEC.
vs.
restrictions
Osmena,
Santos
prescribed
197
immediately
SCRA
by
308,
the
laid down
took
(Q1-2005)
Constitution
his oath
theon
and
distinction
the
assumed
power
between
office.
of the
While
aPresident
provisional
his
to
(b)
the
much
needed
to the
appointment
was
promptly
submitted
to the
and a To
contract
temporary
orgive
guarantee
appointment.
foreign
loans help
on
behalf
of
Commission
Province
of on
Aurora
Appointments
which was
forExplain.
confirmation,
devastated
it
the
Republic
of
the
Philippines?
(2%) by
A PROVISIONAL
APPOINTMENT
is extended
to
was
typhoons
not acted
andupon
torrential
and Congress
rains, again
the
President
SUGGESTED
a person itwho
has
not of
qualified
in an
appropriate
adjourned.
In
2001,
the
President
extended
declared
in June
aANSWER:
"state
calamity."
Give
at leasta
Under
20,appointment
Article
VII
of
Constitution,
examination
second
ad interim
but
who
otherwise
to the
Santos
meets
for the
the
four
(4)Section
legal
effects
of such
declaration.
(4%)
SUGGESTED
ANSWER:
the
power
the
or
requirements
same
positionof
for
with
appointment
the President
same term,
to a to
regular
andcontract
thisposition
Declaration
ofwas
a state
ofsubmitted
calamity
produces,
inter
appointment
guarantee
loans
on
again
behalf
of
the to
Republic
thea vacancy
of
the
in the competitive
service
whenever
alia,
these
legal
effects
within
the
Province
ofof
Commission
Philippines
onsubject
Appointments
to the
prior
fornecessary
confirmation.
concurrence
occurs
and is
the
filling
thereof
is
in the
Aurora

Santos
took
hisservice
oath
anew
and performed
the
Monetary
Board
subject
tothe such
interest
of the
andand
there
is no appropriate
1.
Price
Control
under
R.A.
functions
his
office.
limitations
may
be
prescribed
by
law.
register Automatic
ofofas
eligible
at the
time of
the
appointment.
No.
7581,
The
Price
Act;
On
the
other
hand,
a
TEMPORARY
2.
Enter
into
Authorization
Executive
for
Agreements
the
(2003)
of service
rice
APPOINTMENT
given
to importation
a non-civil
under
R.A.
No.
8178,
The
Agricultural
Tarrification
No
XX
Reyes,
An
a
Executive
political
rival,
Agreement
filed
a
suit
was
assailing
executed
eligible is without a definite tenure and is
Act;
between
certain
theorders
Philippines
issued
and
by Santos.
a neighboring
Heappointing
alsoState.
dependent
on
the
pleasure
of the
3.
Automatic
appropriation
under
R.A.
No. to
The
questioned
Senate of the
thePhilippines
validity of Santos'
took it upon
appointment.
itself
power.
7160Resolve
is available
for unforeseen
expenditures
procure
a certified
the following
true issues:
copy of
(5%)
the Executive
A provisional
arising
fromand,
the appointment
occurrence
ofiscalamities
good
in areas
until
Agreement
after deliberating
on it, only
declared,
replacement
declared
to bebyin aavote,
civil
stateservice
of calamity;
and inwas
no
by
a unanimous
that
theeligible
agreement
Does Santos'
assumption
office on
case(a)
beyond
30 days
fromthe
date
of interest
receipt
by
both
unwise
and
against
best
of the
the
4.
Local
government
may enact
a (a)
basis
the
ad of
interim
appointments
issued
by
appointing
officer
the units
certificate
ofbinding
eligibility.
country.
Isofthe
Executive
Agreement
supplemental
budget
supplies
andand
materials
or
the
amount
to a temporary
(Sec.
24President
[c|. Republic
Act
2260).
from
the
standpoint
offor
Philippine
law
(b) from
payment
of services
to prevent
danger
or loss
appointment
is prohibited
by to
Section
the
standpoint
of which
international
law?
Explain
A provisional
of
life
or property,
under
contemplates a different
1(2),
Articleappointment
IX-C
of the Constitution?
SUGGESTED
R.A. No.
7160;
ANSWER:
situation
from
that of a temporary appointment.
ALTERNATIVE
5.
(a)
FromEntitlement
the
standpoint
ANSWER:
to hazard
of Philippine
allowance
for
thePublic
Whereas
a temporary
appointment
islaw,
designed
to fill
No,
Santos'
appointment
does
amount
totoa not
Health
Executive
Workers
Agreement
(under
isR.A.
binding.
No.not
According
Magna
a position
needed
only
for
a 7305,
limited
period
temporary
appointment.
Anav.ad
interim
appointment
Carta
Commissioner
for Public
ofHealth
Customs
Workers),
Eastern
whoSea
shall
be
exceeding
six (6)
months,
provisional
appointment,
is
permanent
appointment
because
it takes
compensated
Trading.
3 SCRA
hazard
351isallowances
[1961],
the for
President
equivalent
can
toeffect
at
onathe
other
hand,
intended
the
contingency
immediately
can
noAgreement
longer
withdrawn
least
enter
twenty-five
intovacancy
an and
Executive
percent
(25%)
of the
without
monthly
theby
that "a
occurs
and be
the
filling
thereof
is
(It of
isinconcurrence
suggested
ifofthe
examinee
followed
the
the
President
once
thethat
appointee
has qualified
into is
basic
necessity
salary
of
health
workers
by
the
receiving
Senate.
salary
necessary
the
interest
service
and there
classification in Sarmiento v. Mison, 156 SCRA 549
office.
The
fact
that
it and
is subject
to confirmation
grade
19
and
below,
five
percent
for by
no appropriate
register
of
eligibles
at (5%)
the
time
of
and
named
only
four
categories,
because
he the
the
(b)
Commission
The
Executive
onfirst
Agreement
Appointments
is 20
also
does
binding
not
alter
health
workers
with
salary
and
above;
appointment."
combined
the
threegrade
categories
into
one,
he beits
full credit.)of The
permanent
from
thegiven
standpoint
character.
international
Constitution
law...
itself makes
6.
Entitlement
to hazard
allowance
an ad interim
appointment
permanent
in for
character
2.) According to Sarmiento v. Mison, 156 SCRA 549, the only
In
science
Impose
other
and
words,
Tariff
technological
the
Rates,
reason
personnel
for
Import
extending
and
of
the
a
Export
by
making
it
effective
until
disapproved
by
the
officers whose appointments need
provisional
government
appointment
under
R.A. No.
is not
8439;
because
andthe
there
Commission
Quotas
(1999)
on Appointments
or until
nextis
an occasional work to be done and is expected

confirmation
the
on
are
the
adjournment
ofinCommission
Congress.
AAppointments
temporary
or state
acting
to
not
than
six months
butheadofof
No
7. beI finished
-A by
What
crime
committed
aremore
the
limitations/restrictions
during
the
executive departments,

appointee
does
enjoy
security
tenure,
because
the
interest
of theany
service
thatArt.
provided
calamity will
by
be
thenot
considered
Constitution
aggravated
on requires
theofunder
power
of
no
how
briefly.
(Matibag
v.
Benipayo,
certain
be
done
by
aPenal
regular
employee,
only
Congress
14,matter
par.work
7 of
tothe
authorize
Revised
the
President
Code.
to fix G.R.
tariff
ambassadors,
No.
149036,
April
other
2, export
2002)
public quotas,
ministers
and
that
no import
one with
appropriate
eligibilitytonnage
can be and
rates,
and
ALTERNATIVE
ANSWER:
consuls, officers
of the any
armed
forces
frommay
thebe
appointed
to it. Hence,
other
eligible
wharfage
dues.
Explain.
(2%)
An
ad
appointment
a permanent
SUGGESTED
Declaration;
State
ANSWER:
ofwork
National
Emergency
(Q1rank
appointed
of interim
to do
such
in theis
meantime
that
a
colonel
naval
captain,
andviolate
other
officials
appointment
According
toand
Section
does
28(2),
Article
Section
VI of
1(2),
the
suitable
2006) or
eligible
does
notnot
qualify
for
the
position.
whose
appointments
are
Article
2.
IX-C
On February
ofCongress
the Constitution.
24,may,
2006,
President
Gloria
ng
Constitution,
by (Pamantasan
law,
authorize
the
vestedng
in fix
thewithin
President
by the
Constitution.
Lungsod
President
Macapagal-Arroyo
to
Maynila
issued
v.specified
IAC,
Proclamation
G.R.
limits,
No.and
No.
L65439,
subject
1017
To
be more
precise,
anational
provisional
appointment
may
November
declaring
a13,1985)
state ofand
emergency.
this
to
such
limitations
restrictions
it may Is
impose,
Appointing
Power;
ofExplain.
Appointments
be
extended
only
toand
aKinds
person
who
has(2.5%)
not qualified
tariff
Proclamation
rates, import
constitutional?
export
quotas,
tonnage
and
(1994)
(b)appropriate
Assuming
the
legality
of but
the
ad
interim
in
an
examination
who
otherwise
wharfage
dues and
other
duties
or first
imposts
within
When
isthe
an appointment
in the
civil
service
SUGGESTED
appointment
ANSWER:
and
assumption
ofdevelopment
office tobya
meets
requirements
for
appointment
the
framework
of the
national
permanent?
Distinguish
between
an insofar
TheSantos,
proclamation
were
isin constitutional
his
second
ad service,
interim
as it
regular
position
the
competitive
program
of
the
Government.
"appointment
in
anand
constitutes
a call
bymust
the
President
for
toof
appointment
subsequent
assumption
meaning
one
who
any way be
athe
civilAFP
service
acting
capacity"
extended
by
aviolations
Department
prevent
office
orto
suppress
the same
lawless
position
violence
as this
of the
is
eligible.
Secretary
an
ad18,
interim
appointment
Martial
Lawby&from
Suspension
of
Writ
of
sustained
Section
Article
VII Habeas
of
the
prohibition
on
reappointment
under
Section
extended
byofthe
President.
Distinguish between
a
In
Corpus
the
case
(1987)
a IX-C
temporary
all that the
Constitution.
1(2),
Article
of the appointment,
Constitution?
provisional
and
a that
law
No.
XVII:
enjoins
One
isof
the features
"preference
of thein government
filling such
SUGGESTED
ANSWER:
temporary
SUGGESTED
However,beappointment.
PP
1017's
provisions
giving
the
established
under
1987
is
the
position
given
to the
persons
onConstitution
appropriate
eligible
ANSWER:
No,
the
second
1)ofUnder
interim
25(a)
appointment
of checks
the
and
President
express
orSection
implied
power
(1)Civil
to issue
lists."
restoration
Merely
giving
thead
preference
principle
of
presupposes
and
that
subsequent
assumption
of
not
Service
Decree,
an
appointment
indoes
the civil
decrees;
(2)This
to direct
the AFP
tonoteworthy
enforce
obedience
balances.
is especially
inviolate
the
even
a non-eligible
may
beoffice
appointed.
Under
the
service
the
Constitution.
is PERMANENT
prohibition
when
issued
reappointment
to to
a person
to all
laws
evenThe
those
not
related
lawless
law,
Commander-in-Chief
even
if the
appointee
powers
has
ofon
the
the
required
President
civil
in
Section
1(2),
Article
IX-C
offor
the
Constitution
who
meets
the his
requirements
position
violence
asall
well
as
decrees
promulgated
by to
the
which
substantially
affects
what
was
styled
under
service
eligibility,
appointment
isthe
still
temporary
which
does
he
notisand
being
apply
appointed,
by-passed
including
ad
interim
President;
(3)
totoimpose
standards
media
simply
the
past
because
dispensation
such
is the
as
nature
theof the
"calibrated
theonwork
to
appointments.
It can
be revived
by a new
ad
appropriate
prescribed,
in accordance
or any
formtoeligibility
ofnational
prior
restraint
on the
press,
are ultra
response"
emergencies,
be
done.
NOTE:
Since of
provisional
appointments
(a)
fully
the
provisions
of
thehave
1987
with
interim
the
appointment
provisions
law,
because
rules
and
there
standards
is
no
final
viresDiscuss
and
unconstitutional.
Likewise,
under
Section
already
been
abolished
examinees
should
be
Constitution,
giving
the
scope,
limits
and
the
role
disapproval
under
Section
16,
Article
VII
of
promulgated
in
pursuance
thereof.
17, Article XII of the Constitution, the President,the
in
given full credit for whatever answer they may
of
principle
of
checks
and
balances
on
the
Constitution,
and
such
new
appointment
will
not
thetheabsence
of
legislation,
cannot
take
over
or may not give.
President's
of the
power:beyond
result
in theexercise
appointee
serving
the fixed
privately-owned
public
utilities
and businesses
2)
An
appointment
in
an
ACTING
CAPACITY
term
of
seven
years.
The
phrase
"without
1
To
suspend
the
privilege
of
the
writ
of
affected
with
the
public
interest
(David
v.
Arroyo,
Appointing Power; Limitations on Presidential
extended
by
a
Department
Secretary
is
not
reappointment"
applies
only
to
one
who
has
been
habeas
corpus
G.R.
No.
171396,
May
3,
2006).
Appointments (1997)
permanent
but
temporary.
Hence,
the
Department
appointed
2
Proclamation
by
the
President
of
martial
and
law.
confirmed
by
the
No. 7: A month before a forthcoming election, "A"
Secretary
may
terminate
the
services
of
the
Commission
on
Appointments,
whether
or
not
one of the incumbent Commissioners of the
3.
During
the
effectivity
of
this
Proclamation,
appointee
at
any
time.
On
the
other
hand,
an
AD
such
person
completes
his
term
of
office.
To
hold
COMELEC, died while in office and "B", another
Gener, Lito
andlead
Bong
arrestedstroke.
INTERIM
APPOINTMENT
by the
otherwise
will
to were
absurdities
and
negate
the
Commissioner,
suffered
a extended
severe
Inpolice
view
for
acts
of
terrorism.
Is
the
arrest
legal?
Explain.
President
is
an
appointment
which
is
subject
to
President's
power
to
make
ad
interim
of the proximity of the elections and to avoid
(2.5%)
confirmation
by the
the COMELEC,
Commission
on President
Appointments
appointments.
(Matibag
v. Benipayo,
G.R. who
No.
paralyzation
in
the
SUGGESTED
ANSWER:
and
was
made
during
the
recess
of
Congress.
As
149036,
April
2,
2002)
was not running for any office, appointed
The inarrest,
apparently
done
without
a valid
held
Summers
81 Phil.
754,
ad
Commissioner
C vs.
of Qzaeta,
the Commission
onanAudit,
warrant,appointment
is illegal. However,
a warrantless arrest
interim
is
permanent.
who was not a lawyer but a certified public
Cabinet
limitation
on are
accepting
would beMembers;
valid if those
accused
caught
accountant
by
profession,
ad
interim
additional
committing duties
crimes(1996)
en flagrante delicto. On the
Commissioner to succeed Commissioner A and
3)
1996
In Section
No.
24
(d)the
of the
Secretary
Civil
Service
ofpursuant
Finance
Act of to
bea
other
hand,7: ifCan
the
arrest
is
made
designated by way of a temporary measure.
1959,
a TEMPORARY
APPOINTMENT
is one
elected
Chairman
the
BoardThe
of term
Directors
valid warrant,
then of
it is
lawful.
"actsofof
Associate Justice D of the Court of Appeals as
issued
the
SantoMiguel
ahas
person
Corporation?
to a position
Explain.
needed and
only made
for a
terrorism"
not
been
legally
defined
acting Associate Commissioner during the
SUGGESTED
ANSWER:
limited
periodby
not
exceeding six
Under
punishable
Congress.
Nomonths.
law has
been
absence of Commissioner B.
No,
the Secretary
ofthe
Finance
cannot
be elected
Section
25(b)
of the
Civil
Service
Decree,
aagents,
enacted
to guide
law
enforcement
Chairman
of
thethe
Board
of
thea
San
temporary
appointment
is Directors
one
issued
to
person
and the
eventually
courts,
to determine
the
limits
Did
President
do
the
right
thingof in
extending
Miguel
Corporation.
Under
Section
13,
Article
VIIto
who
meets
all
the
requirements
for
the
position
in
making
arrests
for
the
commission
of
said
such ad interim appointment in favor acts
of
of
the
Constitution,
members
of
the
Cabinet
which
he
is
being
appointed
except
the
terrorism
(David
v.
Arroyo,
G.R.
No.
171396,
Commissioner C and designating Justice D acting
cannot
anyofservice
other
office
or employment
appropriate
civil
eligibility
because of the
May 3, hold
2006).
Commissioner
the COMELEC?
during
Enter
their
into
tenure
Contract
unless
or
it
is
Guarantee
otherwise
Foreign
absence
of
appropriate
eligibles
and
it is provided
SUGGESTED ANSWER:
in
the
Constitution.
They
shall
not
also
during
Loans
(1994)
necessary
in
the
public
Interest
to
fill
the
vacancy.
No. The President was wrong in extending an ad
said
No. 13:
tenure
Theparticipate
President
in
the
anyPhilippines
business
or be C. In
interim
appointment
in of
favor
of
Commissioner
financially
authorized
interested
the
Secretary
in
any
of
contract
Public
Works
with,
orheld
in that
Summers vs. Ozaeta, 81 Phil. 754, it wasand
On
the
other
hand.
Section
24(e)a of
theagreement
Civil
any
Highways
franchise,
to
negotiate
or
special
and
privilege
sign
loan
granted
by
the
an ad interim appointment is a permanent
Service
Act
ofor1959
defined a PROVISIONAL
Government
with
the
German
any
Government
for
appointment.

when
all
e)
Supreme
its members,
arraigned.
ByCourt.
the voting,
Under
Before
same said
jointly.
trial
voteprovision,
heand
Any
wasextension
in
granted
the
the same
of
the proclamation
duration
absolute
of
pardon
martial
by
ofInitiative
law
the
martial
shall
President
law
not
exceed
to
suspension
allow
sixty
himdays
of
to
manner,
upon
of or
the
President,
the writ
but
participate
Congress
canin
only
the
hasextend
be
peace
the
granted
power
talks
to
between
Congress
revoke the
thewhich
Congress
may
the by
proclamation
If the
will determine
proclamation
government
and
oralso
extend
thethe
communist
period
the period.
of and
rebels.
such
Onpublic
extension.
the other
invasion
or rebellion
continues
safety
(1)
Is the
the
pardon
of
the President
valid?to review
hand,
Supreme
Court
has the power
requires
the
extension;
f) saidThe
Explain.
Supremeand
Court
may review
the
the
proclamation
promulgate
its decision
(2)
that
the
pardon
isitsvalid,
Lucas
On Assuming
the other
the
Supreme
Court
exercises
factual
thereon
sufficiency
withinhand,
thirty
of
days
the
from
proclamation,
filingcan
(Article
and
thea
reject
it?
check
onExplain.
Executive
form
of judicial
Supreme
VIII,
Section
Court
18).must action
decide inthethe
case
within
thirty
reviewfrom
at the
the
of any citizen. The
days
timeinstance
it was filed;
g)
Pardoning
Martial
Power;
lawAmnesty
does
not
automatically
Constitution
embodies
in this (1993)
respect
the ruling in
No
20: v.- Lansang,
The privilege
National
Commission
suspend
the
ofUnification
the448
writ(1971)
of habeas
Garcia
42 SCRA
that the
has
the
grant
of absolute
and
corpus
or the
operation
the Constitution.
Courtrecommended
can
determine
theofsufficiency
of the factual
h)
doesproclamation
not supplant
the
functioning
unconditional
amnesty
to allof
rebels.
There
is the
the
basis ofIt the
martial
law of
or
the
civil
courts
Congress.
courts
have
view
that itand
is of
not
necessary
for the
rebels
to
suspension
of
the
privilegeMilitary
or
extension
no
Jurisdiction
civilians
civil
courts
admit
the
of the where
crime
charged,
it
thereof
notcommission
for over
the purpose
of
supplanting
the
are
able
toof function.
Philippine
Political
being
enough
that President
the(Cruz,
offense
the
judgment
the
butfalls
to within
determine
Law,
1995
ed.,
pp. 213214.)
scope
of the
the
amnesty
following
the
whether
latter
did proclamation
not act arbitrarily.
Indeed,
doctrine
in Barrioquinto
Fernandez,
Art. VIII, laid
Sec.down
1 imposes
upon the vs.
courts
the duty
82
642. In other
words,
admission
of guilt
is
of Phil.
determining
whether
or not
there has
been
Martial
Law; Sufficiency
ofamounting
the
Factual
not
a condition
qua non
for the
availment
grave
abuse
ofsine
discretion
to Basis
lack of
or
(Q3-2006)
amnesty.
this correct?on
Explain.
excess ofIs jurisdiction
the part of the other
The
President
issued
a Proclamation
branches
of the
government,
in this No.
case,1018
the
SUGGESTED
ANSWER:
placing
the
Philippines
under
Martial
Law
on
the
President.
The
viewthat
that ait isrebellion
not necessary
to
ground
staged forbyrebels
lawless
admit
the commission
of thethe
crime
charged
in
elements
is endangering
public
safety.
The President
cannot, byof suspected
means
ofrebels
the
order
to to
avail
the benefits
of
Pursuant
the themselves
Proclamation,
proclamation
of correct.
martial Asand
law,
suspend
amnesty
is not
stated
in tribunals
Vera the
v.
were
arrested
and
detained
military
Constitution
or
supplant
the
courts
People,
SCRA
156,them.
the doctrine
laid and
down
ina
were
set7 up
to try
Robert
dela
Cruz,the
legislature.
canSupreme
he authorize
trialhas
of
Borrioquinto
vs. Fernandez,
82 Court
Phil.the
citizen,
filedNeither
with
the
a642
petition
civilians
by
military
tribunals
so
long
as
courts
are
been
overturned.
Amnesty
presupposes
the
questioning the validity of Proclamation No. 1018.
open
and functioning,
thus Itoverruling
the casefor
of
commission
of a crime.
is inconsistent
1.
Does
Robert
have
a
standing
to
Aquino v. to
Military
No. 2,
someone
seek Commission
for forgiveness
for 63
a SCRA
crime
Proclamation
challenge
No.proclamation
1018?
(2.5%)
546 (1975).
His
of martial
law does
which
he denies
having Explain.
committed.
(People
vs.
SUGGESTED
ANSWER:
Yes, Robert
not carry14with
it the
of has
the writ of
Pasilan,
SCRA
694).suspension
standing.
Under so
Article
the
habeas corpus,
thatVIII,
the Section
decision17
onofAquino
v.
1987
Pardoning
Constitution,
Power;
the
Amnesty
Supreme
(1995)
Court
may
Ponce Enrile, 59 SCRA 183 (1973) is now
review,
No.
5: Lucas,
in an
appropriate
a does
ranking
proceeding
of the
filed
NDF,
by
was
overruled.
Nor
themember
suspension
of
theany
writ
citizen,
captured
bysufficiency
policemen
the
while
factual
basis
topersons
board
of the to
a
deprive the
courts
of their of
power
toabout
admit
proclamation
ofproper.
martial
citizen
therefore,
passenger
boundlaw.
for As
Sorsogon.
Charged
bail, wherebus
The
Constitution
thus
Robert
maythe
filecases
the
questioning
with
rebellion
he petition
pleaded
not guilty
when
overrules
of Garcia-Padilla
v. Ponce
Proclamation
No. 1018.
arraigned.
trial
was granted
absolutev.
Enrile, 121Before
SCRA
472he(1983)
and Morales
pardon
by the
President
to allow him to
Ponce Enrile.
121 SCRA
538 (1983).
2.
In theinsame
the Solicitor
General the
participate
the suit,
peace
talks between
(b) The President
contends
thatand
under
has
the
three
Constitution,
options:
the
(1) President
TO CALL
government
the
communist
rebels.
as
Commander-in-Chief,
the
OUT
the armed forces determines
to prevent whether
or suppress
3.
Insteadviolence,
of aarisen
pardon,
may the
President
exigency
has
requiring
the
exercisegrant
of(2)hisTO
lawless
invasion
or
rebellion;
the
accused
amnesty
if favorably
power
to declare
Martial
Law
that
SUSPEND
the
privilege
of and
therecommended
writhisof habeas
by
the National
Commission?
Explain.
determination
isAmnesty
conclusive
upon
the courts.
How
corpus
or (3) TO
PROCLAIM
martial
law.
The
last
should
the Supreme
rule?to(2.5%)
two options
can be Court
resorted
only in cases of
4.
May the
of the
benefits
of requires
invasion
oraccused
rebellionavail
when
public
safety
amnesty
despite
the fact of
the the
he continued
either the
supension
privilege toor the
SUGGESTED
profess
innocence?
Explain.
proclamation
ofANSWER:
martial
law.
The Supreme Court
SUGGESTED
ANSWER:
should rule that his determination
3.
The President
is not conclusive
may grant
upon
the the
accused
courts.amnesty.
The
It is submitted
thatallows
the most
effective
means82ofPhil.
1987
According
Constitution
to Barrioquinto
a vs.
citizen,
Fernandez,
in an
meeting
the proceeding,
current
emergency
isorbrought
appropriate
to file a which
petition
642,
Amnesty
may be
granted
before
after the
about by rebellion,
liberation
questioning
of the factual basis of
institution
of the
the sufficiency
criminal
prosecution.
said proclamation. Moreover, the power to

suspend the privilege


movements,
and terrorism
of theiswrit
to simply
of habeas
call out
corpus
theNo,
and
4.
armed
thethe
power
accused
forces
to impose
forcannot
the following
martial
avail of
law
reasons:
the
involve
benefits
1)
the of
the exigencies
curtailment
and
tosuppression
be met to
are
of
notcertain
solely
basic civil
amnesty
if he
continues
profess
his innocence.
rights
those
and
individual
by7
freedoms,
invasion
orand
rebellion
thus amnesty
but
In
Vera
vs.caused
People,
SCRA 152.
since
necessitate
safeguards
by
Congress
review
terrorism
and
crimes.
presupposes
the other
commission
of a and
crime.
It is
2) the Supreme
Suspension
of the
willforgiveness
only be
by
Court
(IBPprivilege
v. to
Zamora,
G.R.
No.
inconsistent
for an
accused
seek
asomething
limited
period
and
then
the period
141284,
August
15,
2000).
for
which
he claims
heofhas not
retention is limited to 3 days which may not really
committed.
be effective. On the other hand, public criticism of
Pardoning
Power;
Breach
of that,
Condition;
the action
3.
The
may
Solicitor
only erode
General
the President's
argues
in any
authority.
event,
Revocation
the determination
(Q5-2005) of whether the rebellion
(1)
still is
had
several
years
to serve
onfarhis
3) Bruno
There
practically
little
difference,
as
poses
danger
to
public
safety
involves
a question
sentence
when
he
was conditionally
pardoned
by
as fact
the ability
of the
President
to meet
an
of
and
the
Supreme
Court
is not
a trier of
emergency
the
President.
concerned,
Amongbethethe
between
conditions
onwas
facts.
Whatisshould
ruling option
ofimposed
the1,Court?
the other
that
he would
hand,"not
the options
again violate
2 and any
3. of the penal
(2.5%)
SUGGESTED
ANSWER:Bruno accepted all of the
laws
of the Philippines."
The President
Judicial
power
includes
take
the comfort
duty
of inthe
the
courts of
conditions
andmay
waswell
released.
Shortly
thereafter,
following
justice
tothought:
settle
"Government
actual
of limited
power
involving
Bruno
was
charged
with 2controversies
counts
of estafa.
He
need then
rights
notwhich
beincarcerated
anemic
are government.
legally
demandable
Assurance
that
and
was
to serve
the i expired
rights are
enforceable,
tends
to determine
to
diminish
whether
fear
or
andnot there
portion
of secure
hisand
sentence
following
the
revocation
by
jealousy
has
beenofa strong
grave
abuse
government,
of discretion
and, byamounting
making to
the
President
of the
pardon.
us feel
lack
or safe
excess
to live
of under
jurisdiction
it makes
on for
theitspart
better
of any
support."or(West
branch
instrumentality
Vs. State Brd.
of the
of Educ.
Government
v.
(Art.
Barnette,
Vin,
Sec. 319
1, par.
U.S.2,1987
624 (1943))
Constitution). When the
Bruno's
family
filed aconditional
petition for
habeasto
grant
of power
is qualified,
or subject
corpus,
alleging
that
it
was
error
to
have
him
Martial
Law;
Limitations
(2000)
limitations, the issue of whether the prescribed
recommitted
as
the
charges
were
false,
No
XVII.
Declaring
a
rebellion,
hostile
groups
qualifications or conditions have been met or in
the
fact,
half
of them
already
dismissed.
have
opened
and
maintained
armed
conflicts
on
limitations
respected,
iswere
justiciable

the problem
Resolve
petition
with reasons.
(4%) this,
the
Islands
Sulu
and
Basilan.
a) To
being
one ofofthe
legality
or validity,
not
its quell
wisdom.
SUGGESTED
ANSWER:
can the President
place under
Themartial
petitionlaw
should
not beof
given
the islands
Suludue
and course.
Basilan?The
grant
of your
pardon
and the
Give
reasons?
(3%)determination of the
b)
Article
terms
and
VII,
What
conditions
Section
are the18
constitutional
of ofa conditional
the 1987
safeguards
Constitution
pardon are
on
PURELY
the
exercise
EXECUTIVE
of
the
President's
ACTS
which
power
toare
not
specifically grants the Supreme Court the
power
proclaim
martial
(2%)
to
subject
toin judicial
an law?
appropriate
scrutiny.
proceeding
The problems
acceptance
filed by of
(b) review,
Considering
the
pressing
SUGGESTED
ANSWER:
thereof
by the
convict
or prisoner
carried
withofit
any
citizen,
the
sufficiency
of liberation
the factual
basis
insurgency,
rebel
activities,
movements
a)
safety
it,ofthelaw.
President
can
the
proclamation
authority
orrequires
of
power
martial
the
Thus,
Executive
in the
to
andIf public
terrorist
violence,
which
in
your
considered
place
Sulu
and Basilan
under
martial
law since
determine
whether
a condition
or conditions
of
the
matter
of among
such
declaration,
two
must
opinion
the
options
available
to
the
there
is an
actual
rebellion.
Section
18,bethe
concur:
pardon
has
(1)as
there
orCommander-in-Chief
have
mustbeen
be Under
anviolated.
actual
invasion
Where
orthe
President
would
Article
VII of
the(2)
Constitution,
President
can
President
opts
revoke
the
conditional
pardon
rebellion;
and
public safety
must require
most effective
into
meeting
thethe
emergencies
by it.the
place
any
part
of the
Philippines
The
given,
Supreme
no
judicial
Court
pronouncement
cannot under
renege
of martial
guilt
on of itsa
nation?
Explain.
law
in case of crime
rebellion,
when
public
safety
subsequent
necessary,
muchor less
constitutional
duty
toisdetermine
whether
not
SUGGESTED
ANSWER:
requires
it.
the
conviction
saidPresident's
factual
therefor
conditions
by
finaltojudgment
exist
(IBPof
v.a Zamora,
court, in
(a) The
power
suspend
the
privilege
order
that
a convict
may
be
recommended
G.R.
August
15,and
2000).
of theNo.
writ141284,
of
habeas
corpus
to proclaimfor the
b)
The following
are the
constitutional
safeguards
violation
his
conditional
pardon.
The
martial
law of
is subject
to
several
checks
by
on
the exercise
of
theSolicitor
power ofGeneral
theofPresident
toof a
4.
Finally,
the
maintains
determination
the
occurrence
a The
breach
Congress
and of
by
the
Supreme
Court.
proclaim
law:
a)
bethe
actual
that
the martial
President
reported
Congress
such
condition
a pardon,
proper
President
is of
required
to There
report must
toand
Congress
within
invasion
b)
Thebreach,
duration
oflaw
the
proclamation
of Martial
Law,
butmartial
Congress
not
consequences
of insuch
is
a did
48 hours or
hisrebellion;
action
declaring
orpurely
proclamation
shall
revoke
the act,
proclamation.
What
is judicial
theand
effect
of the
executive
notnotsubject
scrutiny.
suspending
the
privilege
of
thetowrit,
Congress
sixty
days:
inaction
ofGonzales,
Congress
on the
brought
by
(Torres
G.R.
No.
76872,
is inexceed
turnv.required
to convene,
if itsuit
is not
in July 23,
c)
Within
forty-eight
hours,(2.5%)
the
President
Robert
the Supreme
1987)
session,to
within
24 hoursCourt?
following
the
shall
report hisofaction
Congress.
If Congress
proclamation
martialtolaw
or the suspension
of
is
Pardoning
in session,
Power;
it must
Exec
convene
within
Pardon
SUGGESTED
ANSWER:
thenot
privilege
without
need
of Clemency;
any call,
in twentyfour
hours;
(1995)
The
inactionwith
of Congress
effect on the
accordance
its rules. has
The no
proclamation
of
d)
Congress
may to
by
majority
of all was
its
No.
5:
Lucas,
ranking
member
ofvote
the
NDF,
suit
brought
Robert
the
Supreme
Court
as for
martial
law
orbyasuspension
of the
writ
is effective
members
voting
revoke
the
captured
by
policemen
while
about
to
board
Article
Section
18 provides
for
checks
60 daysVIII,
only,
butJointly
Congress
can
cutproclamation,
short
itsona
and
the President
cannot
set
aside
the
revocation;
passenger
bus
bound
fordeclare
Sorsogon.
Charged
the
President's
power
to
martial
lawthe
to
effectivity
by
revoking
the
proclamation
by
with
rebellion
hea pleaded
not
guilty and the
be
separately
voteexercised
of at least
majorityby
ofCongress

in criminal cases, it would have been unnecessary


to exclude impeachment cases from this scope. If
the President can grant pardons in criminal cases,
with more reason he can grant executive
clemency in administrative cases, which are less
serious.
Pardoning Power; Executive Clemency (1999)
SUGGESTED ANSWER:
1. The pardon is not valid. Under Section 19,
Article VII of the 1987 Constitution, pardon may
be granted only after conviction by final
Judgment.
2. Yes, Lucas can reject the pardon As held in
United States vs. Wilson, 7 Pet. 150 and Burdick
vs. United States, 274 U.S. 480. acceptance is
essential to complete the pardon and the pardon
may be rejected by the person to whom it is
tendered, for it may inflict consequences of
greater disgrace than those from which it purports
to relieve.
ALTERNATIVE ANSWER:
No, Lucas cannot reject the pardon. According to
Biddle vs. Perovich, 274 U.S. 480, acceptance is
not necessary, for the grant of pardon involves a
determination by the President that public welfare
will be better served by inflicting less than what
the judgment fixed.
Pardoning Power; Executive Clemency (1997)
No. 15; Governor A was charged administratively
with oppression and was placed under preventive
suspension from office during the pendency of his
case. Found guilty of the charge, the President
suspended him from office for ninety days. Later,
the President granted him clemency by reducing
the period of his suspension to the period he has
already served. The Vice Governor questioned the
validity of the exercise of executive clemency on
the ground that it could be granted only in criminal,
not administrative, cases. How should the question
be resolved?
SUGGESTED ANSWER:
The argument of the Vice Governor should be
rejected. As held in Llamas vs. Orbos, 202 SCRA
844. the power of executive clemency extends to
administrative cases. In granting the power of
executive clemency upon the President, Section
19, Article VII of the Constitution does not
distinguish between criminal and administrative
cases. Section 19, Article VII of the Constitution
excludes impeachment cases, which are not
criminal cases, from the scope of the power of
executive clemency. If this power may be
exercised only

A. What are the constitutional limitations on the


pardoning power of the President? (2%)
B. Distinguish between pardon and amnesty.
(2%)
SUGGESTED ANSWER:
A. The following are the limitations on the
pardoning power of the President. 1) It cannot be
granted in cases of
impeachment; 2) Reprieves, commutations,
pardon, and
remission of fines and forfeitures can be
granted only after conviction by final
judgment.
3)
The favorable recommendation of the
COMELEC is required for violation of election
laws, rules and regulations.
B. According to Barrioquinto v. Fernandez, 82
Phil. 642, the following are the distinctions
between pardon and amnesty.
1
Pardon is a private act and must be
pleaded and proved by the person pardoned;
while amnesty is a public act of which courts take
judicial notice;
2
Pardon does not require the concurrence
of Congress, while amnesty requires the
concurrence of Congress;
3
Pardon is granted to individuals, while
amnesty is granted to classes of persons or
communities;
4
Pardon may be granted for any offense,
while amnesty is granted for political offenses;
5
Pardon is granted after final conviction,
while amnesty may be granted at any time; and
6
Pardon looks forward and relieves the
offender from the consequences of his offense,
while amnesty looks backward and the person
granted it stands before the law as though he had
committed no offense.

a) the issue
define
the three
regarding
of them,
theand
holding
differentiate
of multiple
one
from the others.
positions?
(3%) b) the issue on the payment of
SUGGESTED
ANSWER:
additional
or double
compensation?(2%) Explain
The terms
were
defined and distinguished from
your
answers
fully.
one another in People v. Vera, 65 Phil. 56, 111SUGGESTED
112 (1930), as ANSWER:
follows:
(1) REPRIEVE
(a)
If I were theisjudge,
a postponement
I would uphold
of the
the validity
execution
of
the designation
of a sentence
of Secretary
to a day
Mcertain,
as ex officio
(2) COMMUTATION
member
of the Monetary
is a remission
Board, As of
stated
a partinof
Civil
the
punishment,
Liberties
Union
a substitution
v. ExecutiveofSecretary,
less penalty
194forSCRA
the
one (1991),
317
originallythe
imposed.
prohibition against the holding of
(3) A PARDON,
onby
the
other hand,
is aninact
of
multiple
positions
Cabinet
Members
Article
grace,
proceeding
from
the power does
entrusted
with
VII,
Section
13 of the
Constitution
not apply
thepositions
execution
of the laws
exempts
the as
to
occupied
in anwhich
ex officio
capacity
individualby
onlaw
whom
is required
bestowedbyfrom
provided
anditas
the the
primary
punishment
the law
inflicts for a crime he has
functions
of their
office.
committed.
(b)
If I were Power;
the Judge,
I would
rule that Secretary
Pardoning
Pardon,
Conditional
(1997)
M cannot receive any additional compensation.
As
in Civilserving
Liberties
Union v. Executive
No.stated
16; A while
imprisonment
for estafa.
Secretary,
194 SCRA 317
(1991),
a Cabinet
upon recommendation
of the
Board
of Pardons
Member
holding
an ex-officio
position
no
and Parole,
was granted
pardon
by thehas
President
right
to receive
compensation,
for his
on condition
thatadditional
he should
not again violate
any
services
are already
paid
by
penal lawinofthat
theposition
land. Later,
the Board
of for
Pardons
the
attachedtotothe
hisPresident
principal office.
andcompensation
Parole recommended
the
cancellation of the pardon granted him because A
had been charged with estafa on 20 counts and
was convicted of the offense charged although he
took an appeal therefrom which was still pending.
As recommended, the President canceled the
pardon he had granted to A. A was thus arrested
and imprisoned to serve the balance of his
sentence in the first case. A claimed in his petition
for habeas corpus filed in court that his detention
was illegal because he had not yet been convicted
by final judgment and was not given a chance to
be heard before he was recommitted to prison. Is
A's argument valid?
SUGGESTED ANSWER:
The argument of A is not valid. As held in Torres
vs. Gonzales. 152 SCRA 272 a judicial
pronouncement that a convict who was granted a
pardon subject to the condition that he should not
again violate any penal law is not necessary
before he can be declared to have violated the
condition of his pardon. Moreover, a hearing is
not necessary before A can be recommitted to
prison. By accepting the conditional pardon, A,
agreed that the determination by the President
that he violated the condition of his pardon shall
be conclusive upon him and an order for his
arrest should at once issue.
President; Participation; Legislative Process
(1996)

No. 7: Can the President take active part in the


legislative process? Explain.
SUGGESTED ANSWER:
Yes, The President can take active part in the
legislative process to the extent allowed by the
Constitution. He can address Congress at any
time to propose the enactment of certain laws.
He recommends the general appropriations bill.
He can call a special session of Congress at any
time. He can certify to the necessity of the
immediate enactment of a bill to meet a public
calamity or emergency. He can veto a bill.
Presidential Immunity from Suit (1997)
No. 13: Upon complaint of the incumbent
President of the Republic, "A" was charged with
libel before the Regional Trial Court. "A" moved to
dismiss the information on the ground that the
Court had no jurisdiction over the offense
charged because the President, being immune
from suit, should also be disqualified from filing a
case against "A" in court. Resolve the motion.
SUGGESTED ANSWER:
The motion should be denied according to
Soliven us. Makasiar, 167 SCRA 393, the
immunity of the President from suit is personal to
the President. It may be invoked by the President
only and not by any other person.
Prohibition Against Multiple Positions &
Additional Compensation (2002)
No VI. M is the Secretary of the Department of
Finance. He is also an ex-officio member of the
Monetary Board of the Bangko Sentral ng Pilipinas
from which he receives an additional
compensation for every Board meeting attended.
N, a taxpayer, filed a suit in court to declare
Secretary M's membership in the Monetary Board
and his receipt of additional compensation illegal
and in violation of the Constitution. N invoked
Article VII, Section 13 of the Constitution which
provides that the President, Vice-President, the
Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in
the Constitution, hold any other office or
employment during their tenure. N also cited Article
IX-B, Section 8 of the Constitution, which provides
that no elective or appointive public officer or
employee shall receive additional, double, or
Pardoning
Power; Kinds
(1988)
indirect
compensation,
unless
specifically
No. 24: Theby
first
paragraph
of Section
19 how
of
authorized
law.
If you were
the judge,
Article you
VII of
the Constitution
providing for the
would
decide
the following:
pardoning power of the President, mentions
reprieve, commutation, and pardon. Please

reason in the case of the Secretary of Trade and


Industry, under Art. IX, B, Sec. 7.
(e) The membership of the President of the
Philippine Chamber of Commerce may also be
upheld on the ground that Congress has the
power to prescribe qualifications for the office.
Suspension of Writ of Habeas Corpus (1997)
(a) When may the privilege of the writ of habeas
corpus be suspended?
(b) If validly declared, what would be the full
consequences of such suspension?
SUGGESTED ANSWER:
(a) Under Section 16, Article VII of the
Constitution, the privilege of the writ of habeas
corpus may be suspended when there is an
invasion or rebellion and public safety requires it.
(b) According to Section 18, Article VII of the
Constitution, the suspension of the privilege of
the writ of habeas corpus shall apply only to
persons judicially charged with rebellion or
offenses Inherent to or directly connected with
invasion. Any person arrested or detained should
be judicially charged within three days.
Otherwise, he should be released. Moreover,
under Section 13. Article III of the Constitution,
Prohibition
Positions
the
right to bailagainst
shall not Multiple
be impaired
even whenby
Govt
Officials
(1987)
the
privilege
of the
writ of habeas corpus is
No. I: Assume that a law has been passed
suspended.
creating the Export Control Board composed of:
1
The Secretary of Trade and Industry as
Chairman and as Members:
2
The Chairman of the Senate Committee on
Trade and Industry
3
An Associate Justice of the Supreme Court
designated by the Chief Justice
4
The Commissioner of Customs, and
5
The President of the Philippine Chamber of
Commerce and Industry,
The National Constitutional Association of the
Philippines has filed suit to challenge the
constitutionality of the law.
Determine whether the membership of each of
the above in the Board can be upheld. Cite
relevant constitutional provisions.
SUGGESTED ANSWER:
a. The chairmanship of the Secretary of Trade
and Industry in the Board can be upheld on the
basis of Art. IX, B, Sec. 7, which allows appointive
officials to hold other offices if allowed by law
(such as the law in this case creating the Export
Control Board) or justified by the primary
functions of their offices. The functions of the
Board is related to his functions

as Secretary of Trade and Industry. The provision


of Art, VII, Sec, 13, prohibiting Cabinet members
from holding any other office or employment, is
subject to the exceptions in Art. IX, B, Sec. 7.
b. Dean Sinco believes that members of
Congress cannot be members of the Board of
Regents of the University of the Philippines under
the Incompatibility Clause of the 1935
Constitution which is similar to the provision of
Art. VI, Sec. 13 of the present Constitution. Under
this view, the membership of the Chairman of the
Senate Committee on Trade and Industry in the
Export Control Board cannot be sustained.
(Sinco, Philippine Political Law 136 (llth Ed.
1962).
Moreover, since the apparent justification for the
membership of the Chairman of the Senate
Committee is to aid him in his legislative
functions, this purpose can easily be achieved
through legislative investigations under Art. VI,
Sec.21.
On the other hand, Dean Cortes appears to
suggest a contrary view, noting that after the
decision in Government of the Philippine Islands
v. Springer 50 Phil. 259 (1927), in validating the
law designating the Senate President and
Speaker as members of the Board of Control of
government corporations, no other decision has
been rendered. On the contrary, laws have been
enacted, making members of Congress members
of various boards.
Indeed, the membership of the Chairman of the
Senate Committee on Trade and Industry may be
upheld as being in aid of his legislative functions
since what is prohibited by Art. VI, Sec. 13 is the
acceptance of an incompatible office or
employment in the government. (Cortes,
Philippine Presidency, pp. 111112(1966))
(c) The designation of an Associate Justice of the
Supreme Court cannot be sustained being the
imposition on the members of the Court, of nonjudicial duties, contrary to the principle of
separation of powers. It is judicial power and
judicial power only which the Supreme Court and
its members may exercise. (Art VIII. Sec. 1;
Manila Electric Co. v. Pasay Trans. Co., 57 Phil.
600 (1932))
(d) The Commissioner of Customs may be made
member of the Board for the same

Central
No.
8; The
Bank"
ABC
inRealty,
the Bank's
Inc, exercise
filed a complaint
of its
regulatory
power
over
specific of
foreign
exchange
against Rico
for the
collection
unpaid
transactions.
installments on a subdivision lot purchased by the
latter, Rico failed to file an answer, was declared
Would
thisand
be aafter
validreception
measure?
in default;
of Explain.
plaintiffs
SUGGESTED
ANSWER:
evidence ex parte,
judgment was rendered
Yes,
thehim.
measure
is valid.became
In Mantruste
Systems,
against
The decision
final, and
upon
Inc.
vs.byCourt
of Appeals,
179 issued
SCRAa136,
the
motion
ABC Realty,
the judge
writ of
Supreme
execution. Court held that a law prohibiting the
issuance of an injunction is valid, because under
Rico now2,files
a motion
the writ and tothe
Section
Article
VIII toofquash
the Constitution,
vacate the Judgment
contending
that it isby
the
jurisdiction
of the courts
may be defined
law.
Housing and Land Use Regulatory Board
ALTERNATIVE
(HLURB) which ANSWER:
is vested with original and
Since
under
Sectionsover
1 and
5(2),
Article the
VIII of
exclusive
Jurisdiction
cases
involving
the
the Rico
courtsprays
are for
given
power
real Constitution,
estate business.
thethe
dismissal
of the
Judicial
review,
measure
is the
void,
Such
complaint
and the
for the
nullity of
decision.
power
must
preserved.
The arguing
issuance
The realty
firmbe
opposes
the motion
thatof
restraining
orders
andhave
Injunctions
is and
in aid
of the
under BP 129,
RTCs
exclusive
original
power
of judicial
review.in which the amount of
jurisdiction
over cases
controversy exceeds P20,000.00. Answer the
Judicial
Bar Council
following &
queries:
1) Who(1988)
has jurisdiction over the
No.
11: A novel
feature
of the
presenthaving
Constitution
collection
suit? 2)
The RTC
decision,
is
the Judicial
andexecutory,
Bar Council.
state:
become
final and
canPlease
it still be
vacated?
SUGGESTED
1.
Its principal function;
ANSWER:
1} Its
2.
Thecomposition;
HLURB 2) Yes,
and the decision of the
3.
Who supervises
andstill
takes
care of itseven if
Regional
Trial Courtit,can
be vacated,
appropriations?
it has become final and executory. Since the
Regional Trial Court had no jurisdiction over the
case, the decision is void.
Fiscal
Autonomy
ARTICLE
VIII(1999)
Judicial
No XI - What do you understand by the mandate
Department
of the Constitution that the judiciary shall enjoy
fiscal autonomy? Cite the constitutional provisions
Cases
to be
Heard
En Banc;
Supreme
Court
calculated
to bring
about
the realization
of the
said
(1999)
constitutional mandate. (2%)
No XI - Enumerate the cases required by the
Constitution
to ANSWER:
be heard en banc by the Supreme
SUGGESTED
Court?
(2%)
Under Section 3, Article VIII of the Constitution,
SUGGESTED
ANSWER:
the fiscal autonomy
of the Judiciary means that
The
following
arethethe
cases may
required
appropriations for
Judiciary
not beby the
Constitution
to be
heard enbelow
bancthe
by amount
the Supreme
reduced
by the
legislature
Court:
appropriated
for the previous year and, after
approval,
shall involving
be automatically
and regularly
(1)
Cases
the constitutionality
of a
released.
treaty, international or executive agreement, or law;
In Bengzon v. Drilon, 208 SCRA 133, the Supreme
(2)
Cases which
underautonomy
the Rulescontemplates
of Court
Court
explained
that fiscal
are
required of
to full
be heard
en to
banc.
a
guarantee
flexibility
allocate and utilize
resources
with involving
the wisdom
dispatch that the
(3)
Cases
theand
constitutionality,
needs
require.
It
recognizes
the
power and
application, or operation of presidential
decrees,
authority
to
deny,
assess
and
collect
fees, fix rates
proclamations, orders, instructions, ordinances,
and
of
compensation
other
regulations;not exceeding the highest rates
authorized by law for compensation and pay

(4) ofCases
heard by aand
division
when
the
plans
the government
allocate
and
required majority
is not
disburse
such sums
as obtained;
may be provided by law
or prescribed by it in the course of the discharge
(5)
Cases where a doctrine or principle of law
of its functions.
previously laid down will be modified or reversed;
Function; Continuing Constitutional Convention
(6)
Administrative cases against judges when
(2000)
the penalty
dismissal;
and
No
I. --OneisSenator
remarked
that the Supreme
Court is a continuing Constitutional Convention.
(7)
Election contests for President or ViceDo you agree? Explain. (2%)
President.
SUGGESTED ANSWER:
I do not agree that the Supreme Court is a
Contempt Constitutional
Powers (1996)Convention. The criticism
continuing
No.based
3: 2) On
day of thethat
trialinofexercising
a rape- its
is
on the
the first
assumption
murderofcase
where
the victim
was a popular
power
judicial
review
the Supreme
Court TV
Is not
star, over
a hundredthe
of her
fans rallied
merely
interpreting
Constitution
butatisthe
trying to
entrance the
of theGovernment
courthouse, on
eachthe
carrying
remake
basisa of the
placard demanding
the conviction
of the accused
personal
predilections
of the Members
of the
and the imposition
of the
penalty
on properly
him.
Supreme
Court, this
is death
a power
that
The rally was
and didand
not disturb
belongs
to peaceful
the people
their the
elected
proceedings of the case. a) Can the trial court
representatives.
order the dispersal of the rallyists under pain of
The
cannot decide
beingSupreme
punishedCourt
for contempt
of court,cases
if theymerely
fail to
on
the basis
of the
of the
It has
do so?
Explain.
b) letter
If instead
of Constitution.
a rally, the fans
of
to
the letters
Constitution
give effect
to the
theinterpret
victim wrote
to the to
newspaper
editors
intent
of its the
framers
and ofofthe
adopting
it.
demanding
conviction
thepeople
accused,
can the
In
Interpreting
the
Constitution,
the
Supreme
trial court punish them for contempt? Explain.
Court has to adopt it to the ever-changing
circumstances of society. When the Supreme
SUGGESTED
ANSWER:
Court strikes down
an act of the Legislative or the
2.
a)
Yes,
the
trial
court itcan
order the
dispersal of
Executive Department,
is merely
discharging
its
the
rally
under
pain
of
being
cited
for
contempt.
duty under the Constitution to determine
The
purpose
of the
is to attempt to influence
conflicting
claims
ofrally
authority.
the administration of Justice. As stated in People
vs. Flores, 239 SCRA
ALTERNATIVE
ANSWER:
83, any conduct by any
To
certain
extent,
the Supreme
is a
partya which
tends
to directly
or indirectlyCourt
Impede,
continuing
Constitutional
Convention.
When isa
obstruct or degrade
the administration
of justice
case
is to
brought
in courtpowers
involving
a constitutional
subject
the contempt
of the
court.
issue. It becomes necessary to interpret the
Constitution, Since the Supreme Court is supreme
b) No, the
cannot
for contempt
within
its trial
owncourt
sphere,
itspunish
interpretation
of the
the fans of the
wrote
letters
to the
Constitution
willvictim
form who
part of
the law
of the
land.
newspaper editors asking for the conviction of the
accused. Since the letters were not addressed to
Issuance
Restraining
Orders
and
Injunctions
the Judge of
and
the publication
of the
letters
occurred outside the court, the fans cannot be
(1992)
No.
7: Congress
is considering
punished
in the absence
of a clearnew
andmeasures
present to
encourage
corporations
to In
bring their
danger to theforeign
administration
of Justice.
investments
the Philippines.
Congress
Cabansag vs. to
Fernandez,
102 Phil 152,
it was has
found
thata foreign
investments
arePresidential
deterred by the
held that
party who
wrote to the
uncertain
climate in to
thecomplain
Philippines.
Complaintsinvestment
and Action Committee
One
of such
heightened
aboutsource
the delay
in theuncertainty
disposition is
of the
his case
judicial
intervention
in investment
matters.
could not
be punished
for contempt
in the
absence of a clear and present danger to the fair
administration of Justice.
One such measure provides that "no court or
Finality of Void
administrative
agency
Judgments
shall issue
(1993)
any restraining
order or injunction against the

(6)
The Supreme Court has administrative
supervision over all lower courts and their
personnel.
(7)
The Supreme Court has exclusive power
to discipline Judges of lower courts.
(8)
The Members of the Judiciary have
security of tenure, which cannot be undermined
by a law reorganizing the Judiciary.
(9)
Members of the Judiciary cannot be
designated to any agency performing quasiJudicial or administrative functions.
(10)
The salaries of Members of the Judiciary
cannot be decreased during their continuance in
office.
(11)

The Judiciary has fiscal autonomy.

(12)
The Supreme Court has exclusive power
to promulgate rules of pleading, practice and
procedure.
(13)
Only the Supreme Court can temporarily
assign judges to other stations.
(14)
It is the Supreme Court who appoints all
officials
and employees
of the Judiciary. (Cruz,
SUGGESTED
ANSWER:
Philippine
Political
1995 ed.has
(pp.
229-31.)
1. The Judicial
andLaw,
Bar Council
the
principal
function of recommending appointees to the
Judiciary. It may exercise such other functions
and duties as the Supreme Court may assign to
Judicial
Power
it. (Art. VIII,
sec. (1989)
8(5)).
No. 10: Where is judicial power vested? What
are
included
such power?
2. The
JBC isincomposed
of the Chief Justice as
SUGGESTED
ANSWER:
ex officio Chairman, the Secretary of Justice and
According
to Section
Article VIII
the 1987
a representative
of the 1,
Congress
as exofofficio
Constitution,
judicial
power
is
vested
one
Members, a representative of the IntegratedinBar,
Supreme
Court
and
in suchMember
lower courts
a professor
of law,
a retired
of the as may
be
established
law.
It includes theofduty
Supreme
Court,by
and
a representative
the of the
courts
of justice
settle
actual controversies
private sector.
(Art.to
VIII,
sec. 8(1)).
involving rights which are legally demandable and
enforceable, and to determine whether or not
3, The has
Supreme
supervises
and
there
been Court
a grave
abuse the
of JBC
discretion
provides in tothe
annual
budget
the Courtonthe
amounting
lack
or excess
of of
jurisdiction
the
appropriations
of the JBC.
VIII, sec. 8(4)).
part
of any branch
or (Art.
instrumentality
of the
Government.
Judicial & Bar Council (1999)
Judicial
Poweris(1992)
No XI - What
the composition of the Judicial
No.
A case
was and
filed the
before
theofSandiganbayan
and 8:Bar
Council
term
office of its
regarding
a questionable
regular members?
(2%) government transaction.
In
the courseANSWER:
of the proceedings, newspapers
SUGGESTED
linked
the name
of Council
SenatorisJ.composed
de Leon oftothe
the
The Judicial
and Bar
scandal.
following:
1.
The Chief Justice as ex officio chairman;

1
The
Secretary
of Justice
officio to
Senator
de Leon
took the
floor ofas
theexSenate
member;
speak
on a "matter of personal privilege" to
2
A his
representative
of Congress
as ex officio
vindicate
honor against
those "baseless
and
member; allegations. The matter was referred to
malicious"
3 Committee
A representative
of the Integrated
the
on Accountability
of Public Bar;
4
Awhich
professor
of law; to conduct a legislative
Officers,
proceeded
5
A retired
Justiceasked
of the Mr.
Supreme
Court;
inquiry.
The
Committee
Vince Ledesma,
and
a
businessman linked to the transaction and now
6 respondent
A representative
of the private sector.
a
before the Sandiganbayan,
to
(Sectionand
8 (1),
Article before
VIII of the Committee.
Constitution)
appear
to testify
The term of office of the regular members is four
(4) years. (Section 8(2), Article VIII of the
Mr
Ledesma refuses to appear and file suit before
Constitution)
the Supreme Court to challenge the legality of the
Judicial Department;
of Amparo
(1991)
proceedings
before theWrit
Committee.
He also
asks
No 1: What
is a Constitutional
writ ofto Amparo
whether
the Committee
had the power
require
and to
what
is the
basisthe
forissues
such Involved
a remedyand
under
him
testify.
Identify
the Constitution?
resolve
them.
SUGGESTED ANSWER:
SUGGESTED
The writ of ANSWER:
Amparo in Mexican law is an
The
issues involved
this casean
areinterested
the following:
extraordinary
remedyinwhereby
party
may seek the invalidation of any executive,
1
Whether
or not
thedeemed
Supreme
hasof a
legislative
or judicial
act
in Court
violation
jurisdiction
entertain
case; of such a remedy
fundamentaltoright.
The the
adoption
2
Whether or may
not the
in the Philippines
beCommittee
based on on
Article VIII,
Accountability
Public Officers
has empowers
the power to
Sec. 5(5) of theofConstitution,
which
the
investigate
a matter
is involved
a case
Supreme Court
to which
promulgate
rulesinconcerning
pending
in court;
andenforcement of constitutional
the protection
and
3
Whether
or
not the petitioner can invoke
rights.
his right against self-incrimination.
Judicial Independence; Safeguard (2000)
No I. Name at least three constitutional
safeguards to maintain judicial independence.
(3%)
SUGGESTED ANSWER:
The following are the constitutional safeguards
to maintain judicial independence:
(1)
The Supreme Court is a constitutional
body and cannot be abolished by mere
legislation.
(2)
The members of the Supreme Court
cannot be removed except by impeachment.
(3)
The Supreme Court cannot be deprived
of its minimum jurisdiction prescribed in Section
5, Article X of the Constitution.
(4)
The appellate jurisdiction of the Supreme
Court cannot be increased by law without its
advice and concurrence.
(5)
Appointees to the Judiciary are nominated
by the Judicial and Bar Council and are not subject
to confirmation by the Commission on
Appointments.

Judicial Power (1998)


IV. Andres Ang was born of a Chinese father and a
Filipino mother in Sorsogon, Sorsogon. on January
20, 1973. In 1988. his father was naturalizedas a
Filipino citizen. On May 11,1998. Andres Ang was
elected Representative of the First District of
Sorsogon. Juan Bonto who received the second
highest number of votes, filed a petition for Quo
Warranto against Ang. The petition was filed with
the House of Representative Electoral Tribunal
(HRET). Bonto contends that Ang is not a natural
born citizen of the Philippines and therefore is
disqualified to be a member of the House.

The HRET ruled in favor of Ang. Bonto filed a


petition for certiorari in the Supreme Court. The
following issues are raised:
1
Whether the case is justiciable considering that
Article VI. Section 17 of the Constitution declares the
HRET to be the "sole Judge" of all contests relating to the
election returns and disqualifications of members of the
House of Representatives. [5%]
2
Whether Ang is a natural bom citizen of
the Philippines. |5%] How should this case be
decided? SUGGESTED ANSWER:
1. The case is justiciable. As stated In Lazatin
vs. House Electoral Tribunal 168 SCRA 391, 404,
since judicial power includes the duty to
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or
instrumentality of the Government, the Supreme
Court has the power to review the decisions of
the House of Representatives Electoral Tribunal
in case of grave Abuse of discretion on its part.
2. Andres Ang should be considered a natural
born citizen of the Philippines. ....

All these Issues were resolved in the case of


Bengzon vs. Senate Blue Ribbon Committee,
203 SCRA 767.
The Supreme Court has jurisdiction over the
case, because it involves the question of whether
or not the Committee on Accountability of Public
Officers has the power to conduct the
investigation. Under Section 1, Article VIII of the
Constitution, judicial power includes the duty of
the courts to determine whether or not any branch
of the government is acting with grave of abuse of
discretion amounting to lack of jurisdiction. The
Committee on Accountability of Public Officers
has no power to investigate the scandal. Since
the scandal is involved in a case pending in court,
the investigation will encroach upon the exclusive
domain of the court. To allow the investigation will
create the possibility of conflicting judgments
between the committee and the court. If the
decision of the committee were reached before
that of the court, it might influence the judgment
of the court.
The petitioner can invoke his right against selfincrimination, ...

motion arguing
Judicial
Review;
thatLocus
underStandi
BP 129,
(1992)
RTCs have
No.
exclusive
6: and
The
original
Philippine
jurisdictionEnvironmentalists'
over cases in
Organization
which
the amount
for Nature,
of controversy
a duly exceeds
recognized nonP20,000.00.
the following
queries:
governmentalAnswer
organization,
intends
to file suit to
(1)
Whothe
hasPhilippine
jurisdiction
over the collection
suit?
enjoin
Government
from allocating
funds to operate a power plant at Mount Tuba In a
(2)
The RTC
decision,
final was
and no
southern
island.
Theyhaving
claim become
that there
executory,
can itwith
still bethe
vacated?
consultation
Indigenous cultural
community which will be displaced from ancestral
lands
essential
to
their
livelihood
and
indispensable to their religious practices.

the power plant,


amounting
to lackbecause
or excess
no of
public
jurisdiction
funds will
on be
the
part offor
spent
any
itsbranch
operation.
or instrumentality
As held in Gonzales
of the vs.
Government.
Marcos,
65 SCRA
As held
624,
in aMarcos
taxpayer
us.has
Manglapus,
no
177 SCRA
standing
to 668.
file athis
case
provision
if no expenditure
limits resort
of to
public
the
political
funds
is question
involved.doctrine and broadens the scope
of juridical inquiry into areas which the courts
Since
no 1935
member
or 1973
officer
of the Philippine
under the
and the
Constitutions
would
normally have left toOrganization
Environmentalists'
the political departments
belongs to tothe
decide. indigenous community, none of the rights
affected
ALTERNATIVE
of
the PhilippineANSWER:
Environmentalists' Organization
Under
1935 and
Constitutions,
there
and
of the
its officers
and 1973
members
are affected.
In
was no provision
defining
scope of
judicial
accordance
with the
ruling the
in National
Economic
1
The organization is based in Makati. All its
power as vested
in the vs.
judiciary.
While
these
Protectionism
Association
Ongpin,
171 SCRA
officers live and work in Makati. Not one of its officers657,
Constitutions,
both provided
vesture of
the organization
has noforstanding
to judicial
file the
or members belong to the affected indigenous cultural case.
power "in one Supreme Court and in such inferior
community. Do they have the standing in this dispute?courts as may be established by law," they were
Explain.
Judicial
Review;
Requisites
(1994)
silent as to
the scope
of such power.
2
Would your answer be different if the PhilippineNo. 2: 2) Assume that the constitutional question
Power Corporation, a private company, were to operateraised in a petition before the Supreme Court is
the plant? Explain.
The Iis
1987
theatother
rethe
motaConstitution,
of the case,ongive
least hand,
two other
wrote the provisions
on the
vesture
of judicial
requirements
before the
Court
will exercise
its
SUGGESTED ANSWER:
originally
power of
judicial appearing
review? in the 1935 and 1973
a) Under Section 5, Article XII of the Constitution,
SUGGESTED
ANSWER:
Constitutions, as
follows:
the State should protect the rights of cultural
2) "The
According
judicialtopower
Macasiano
shall bevs.
vested
National
in one
Housing
Indigenous communities to their ancestral lands to
Supreme224
Court
and in236,
such in
lower
courts as
Authority,
SCRA
addition
to the
may be established
by law.
ensure their well-being. Under Section 17, Article
requirement
that the constitutional
question raised
XIV of the Constitution, the State should protect
be the lis mota of the case, the following
"Judicialmust
power
dutyexercise
of the courts
the rights of indigenous cultural communities to
requisites
beincludes
present the
for the
of the
of of
justice
settle actual controversies
preserve and develop this cultures, traditions, and
power
judicialtoreview:
Involving rights which are legally demandable
institutions and should consider these rights in the
1
There must be an actual case or
and enforceable, and to determine whether or
formulation of national plans and policies. The
controversy involving a conflict of legal rights
not there has been a grave abuse of discretion
government violated these provisions, because it
susceptible of Judicial determination;
amounting to lack or excess of Jurisdiction on
decided to operate the power plant without
2
The constitutional question must be raised
the part of any branch or instrumentality of the
consulting the indigenous cultural community and
by the proper party; and
Government." (Sec. 1. Art. VIII)
the operation of the power plant will result in its
3
The constitutional question must be raised
displacement.
at the earliest opportunity.

If the projected lawsuit will be based on violation


of the rights of the indigenous cultural
communities, the Philippine Environmentalists
Organization will have no standing to file the
case. None of its officers and members belong to
the indigenous cultural community. None of their
Judicial
Scope (1994)
rights
arePower;
affected.
No. 2: 1} What is the difference, if any. between
If
lawsuitofwill
seek topower
enjoinunder
the use
public
thethescope
Judicial
theof 1987
funds
to operate
the hand,
power and
plant,the
the1935
Philippine
Constitution
on one
and
Environmentalists'
can file a
1973 Constitutions onOrganization
the other?
SUGGESTED
taxpayer's
suit.ANSWER:
As held in Maceda us. Macaraig,
The scope
judiciala power
underhas
the standing
1987
197
SCRAof 771,
taxpayer
to
Constitution
broader
than its scope
under
the
question
the is
illegal
expenditure
of public
funds.
1935 and 1973 Constitution because of the
second paragraph of Section 1, Article VIII of the
b)
TheConstitution,
Philippine Environmentalists
1987
which states that Organization
it includes
will
haveto
nodetermine
standing to
file theorcase
it is ahas
the duty
whether
not ifthere
private
thatofwill
operate
been a company
grave abuse
discretion

The second paragraph of the cited provision was


not found in the 1935 and 1973 Constitution, it
Jurisdiction
HLURB
(1993) of judicial power
contains a of
new
definition
No.
8; The the
ABCscope
Realty,
Inc, filed
complaint
particularly
thereof.
The a first
portion
against
Rico for the
unpaidof
thereof represents
the collection
traditional of
concept
installments
on a subdivision
by theof
Judicial power,
involving lot
thepurchased
settlement
latter,
Ricorights
failedas
to by
filelaw,
an answer,
was declared
conflicting
which presumably
was
in
default;
reception
of plaintiffs
implicit
in theand
1935after
and 1973
Constitutions.
The
evidence
ex portion
parte, ofjudgment
wasrepresents
rendereda
second (latter)
the definition
against
him.ofThe
broadening
thedecision
scope ofbecame
judicial final,
powerand
or, upon
in the
motion
by of
ABC
the judge
a writ ofof
language
theRealty,
Supreme
Court,issued
conferment
execution.
"expanded Jurisdiction" on the Judiciary (Daza v.
Singson, 180 SCRA 496) to enable the courts to
Rico
now
a motion
quash thebywrit
and
to
review
thefiles
exercise
of todiscretion
the
political
vacate
the Judgment
contending
it is
the
departments
of government.
Thisthat
new
prerogative
Housing
and Land
Use Regulatory
of the judiciary
as now
recognized Board
under the 1987
(HLURB)
which
is vested
with original and
Constitution
was
not constitutionally
permissible
exclusive
overCharters.
cases involving the
under the Jurisdiction
1935 and 1973
real estate business. Rico prays for the dismissal
of the complaint and for the nullity of the decision.
The realty firm opposes the

SUGGESTED ANSWER:
Section 1, Article VIII of the Constitution has
expanded the scope of judicial power by including
the duty of the courts of Justice to settle actual
controversies involving rights which are legally
demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of
SUGGESTED
jurisdiction
onANSWER:
the part of any branch or
1} As held in Estate
Developers and
Investors
instrumentality
of the Government.
In Marcos
vs.
Corporation vs.
of Appeals,
SCRA Court
353,
Manglapus,
177Court
SCRA
668, the 213
Supreme
pursuant
Presidential
Decree
1344, itmay
is
stated
thatto because
of this
courtsNo.
of justice
the Housing
Land ifUse
Regulatory
decide
politicaland
questions
there
was grave Board
abuse
which
has jurisdiction
the orclaim
of a
of
discretion
amounting over
to lack
excess
of
developer against
a buyer
for official
the payment
the
jurisdiction
on the part
of the
whose of
action
balance
of the purchase price of a lot. The
is
being questioned.
jurisdiction of the Regional Trial Court over cases
in which the amount of controversy exceeds
Political
Powers
P20,000.00Question:
exists onlySeparation
in all casesofwhere
the
(2004)
case does not otherwise fall within the exclusive
(b)
SDO was
elected
jurisdiction
of any
otherCongressman.
court, tribunal, Before
person the
or
end
first year in
office, he
physical
bodyof his
exercising
Judicial
or inflicted
quasi-judicial
injuries
on a colleague, ET, in the course of a
functions,
heated debate. Charges were filed in court against
2) Yes,
void....
him
as because
well as itinisthe
House Ethics Committee.
Later, the House of Representatives, dividing
Mandatory
Period
For to
Deciding
Cases
(1989)
along
party lines,
voted
expel him.
Claiming
that
No. 10:
(2) Despite
lapse of and
4 months
from
his
expulsion
was the
railroaded
tainted
by
the
time
that
the
trial
was
terminated
and
the
bribery, he filed a petition seeking a declaration by
case
submitted
for that
decision,
the trial
courtabused
failed
the Supreme
Court
the House
gravely
to
decide
the
case.
The
defense
counsel
moved
its discretion and violated the Constitution. He
to
dismiss
on the
that
after
prayed
thatthe
his case
expulsion
beground
annulled
and
thatthe
he
lapse ofbe
90restored
days, the
had lost to
jurisdiction
to
should
bycourt
the Speaker
his position
decide
the case. Should
the motion
be granted?
as
Congressman.
Is SDO's
petition
before the
Supreme Court justiciable? Cite pertinent issues
SUGGESTED
ANSWER:
for consideration.
(5%)
No, the motion should not be granted. Section 15
(4), Article VIII of the 1987 Constitution provides:
SUGGESTED ANSWER:
While
"Despite
under
theSection
expiration
1, ofArticle
the applicable
VIII of the 1987
mandatory period,
the court, Court
withoutmay
prejudice
Constitution
the Supreme
inquire
to such or
responsibility
as may have
been SDO is
whether
not the decision
to expel
incurred
in grave
consequence
thereof,
shall amounting
decide
tainted
with
abuse of
discretion
resolve
the case
or matter submitted
toor
lack
or excess
of jurisdiction,
the petition should
for determination,
without
further(46 Phil.
bethereto
dismissed.
In Alejandrino
v. Quezon
83delay."
[1924]), the Supreme Court held that it could
not compel the Senate to reinstate a Senator who
Thus, the another
failure of
the trial
court
decide the
assaulted
Senator
and
was to
suspended
for
case within
ninety because
days did
not not
oust
it ofa
disorderly
behavior,
it could
compel
jurisdictionand
to decide
the case.
separate
co-equal
department to take any
ALTERNATIVE
ANSWER:
particular
action.
In Osmea v. Pendatun (109
The 1973
provided
Phil.
863 Constitution
[1960]), it was
held for
thatcertain
the Supreme
consequences
the decisions
of suspension
courts in case
Court
could noton
interfere
with the
of a
of the failure offor
thedisorderly
Supremebehavior,
Court andbecause
other the
Congressman
inferior collegiate
courts to decide
House
of Representatives
is thecases
judgewithin
of what
prescribed periods.
But
it did not provide for
constitutes
disorderly
behavior.
consequences on the decisions of trial courts as
a result of their failure to decide cases

withinassault
three months
X, Sec.
11). Inconstitutes
Marcelino
The
of a (Art.
fellow
Senator
vs. Cruz, 121
SCRA 51 (1983) it was held that the
disorderly
behavior.
periods prescribed are only directory, not
mandatory. Question;
Political
To
Settle
Actual
Controversies (2004)
Political
(1995)
(a)
The Question
1935, 1973
and 1987 Constitutions
No. 13: Judicial
power
definedpower
in Sec.
1, 2nd
commonly
provide
that as
"Judicial
shall
be
par., Art.inVIII,
Constitution,
now
the
vested
one1987
Supreme
Court and
in "includes
such lower
duty ofas the
of Justice
to settle actual
courts
mayCourts
be established
by law."
controversies involving rights which are legally
What
is the and
effectenforceable,
of the addition
1987
demandable
and in
to the
determine
Constitution
of there
the following
provision:
whether or not
has been
a grave "Judicial
abuse of
power
includes
the duty of
courts
justice toof
discretion
amounting
to the
lack
of ofexcess
settle
actual on
controversies
whichor
jurisdiction
the part involving
of any rights
branch
are
legally demandable
and enforceable,
and to
instrumentality
of the Government.
"This definition
determine
or not therethehaspower
been grave
is said towhether
have expanded
of the
abuse
of discretion
to lack or excess
judiciary
to includeamounting
political questions
formerly
of
jurisdiction
on the part of any branch or
beyond
its jurisdiction.
instrumentality of the government"? Discuss
(1) Do you
agree
withone
such
as interpretation
of the
briefly,
citing
at least
illustrative
case. (5%)
constitutional definition
SUGGESTED
ANSWER:
of judicial power that would
authorize
The
effectthe
of courts
the second
to review
paragraph
and, if warranted,
of Section 1,
reverse VIII
the exercise
of discretion
by the ispolitical
Article
of the 1987
Constitution
to limit
departments
and legislative)
of the
resort
to the(executive
political question
doctrine
and to
government,
Constitutional
broaden
the including
scope ofthe
judicial
inquiry into areas
Commissions?
Discuss fully,
which
the Judiciary,
under the previous
(2) In your opinion,
howhave
should
be
Constitutions,
would
leftsuch
to definition
the political
construed so as
to erode
or
departments
to not
decide.
If a considerably
political question
is
disregard
entirely
the
existing
"political
question"
involved, the Judiciary can determine whether or
doctrine?
Discuss
fully. action is being questioned
not the official
whose
acted with grave abuse of discretion amounting to
SUGGESTED
ANSWER:
lack or excess
of jurisdiction (Marcos v.
1.
Yes,
the
second
paragraph
of Section(Daza
1,
Manglapus, 177 SCRA
668 [1989]);
v.
Article
VIII
of
the
1987
Constitution
has
Singson, 180 SCRA 496 [1989]). Thus, although
power of the Judiciary
the expanded
House of the
Representatives
ElectoraltoTribunal
political
questions.toThisdecide
was notelection
found
has include
exclusive
jurisdiction
in the 1935
and the
1973 Constitution,
contests
involving
members
of the House of
Precisely, the framers
of the Court
1987 constitution
Representatives,
the Supreme
nullified the
intended
to widen
the scope for
of judicial
removal
of one
of its members
voting review.
in favor
2. the
As pointed
out in
Marcos
vs. Manglapus,
177
of
protestant,
who
belonged
to a different
SCRA
668, v.
soPineda,
as not to
disregard
entirely
the
party.
(Bondoc
201
SCRA 792
[1991]).
political question doctrine, the extent of
judicial review when political questions are
Political
Questions
(1988)
involved
should be
limited to a determination
No. of23:
In accordance
with
opinion
of the
whether
or not there
hasthe
been
a grave
Secretary
Justice, and
believingto that
abuse of discretion
amounting
lack itorwould
be good
forofthe
country, the
President
into
excess
jurisdiction
on the
part of enters
the official
an whose
agreement
with questioned.
the Americans
an
act is being
If gravefor
abuse
extension
for another
(5) the
years
of their
stay
of discretion
is not five
shown,
courts
should
at their
not substitute
military their
bases
judgment
in the forPhilippines,
that of the in
consideration
official concerned
of:
and decide a matter which
by its nature or by law is for the latter alone to
(1) Adecide.
yearly rental of one billion U.S. dollars,
payable to the Philippine government in advance;
(2)
An undertaking
the part(1997)
of the American
Political
Questionon
Doctrine
government
to implement
No. 5; To what
extent, ifimmediately
at all, hasthe
themini1987
Marshall
plan for
the country
Constitution
affected
the involving
"political question
doctrine"?

Votes
Supervision;
ten required
billion
Courts
U.S.for
& its
dollars
Personnel
declaring
in (Q5aids
a and
law
2005)
unconstitutional
concessional loans;
(1996)and
(2)
Masipag
filed
Ombudsman
a
No.
(3) Pedro
An
7: Can
undertaking
five members
to with
help
of the
the
persuade
Supreme
American
Court
complaint
against
RTC
Judge
Jose
Palacpac
with
declare
banks toacondone
municipal
interests
ordinance
and
unconstitutional?
other
charges
on
violation
of Article
204 of the
Revised Penal Code
Explain.
the country's
out-standing
loans.
for knowingly rendering
SUGGESTED
ANSWER:
an unjust judgment in
Criminal
Yes.
five Case
Members
No. 617.
of theJudge
Supreme
Palacpac
Courtfiled
sitting
a enmotion
banc
In return,
with
can
thethe
President
declare
Ombudsman
agreed
a municipal
to refer
to allow
the American
complaint
ordinance
to
nuclear
the Supreme
vessels Court
to
stay
to Section
determine
for short
visits
whether
at Subic,
an
unconstitutional.
Under
4(2).
Article
VIII of
administrative
was involved
the said
the
and in
Constitution,
case of aspect
vitala military
municipal
need,
ordinance
toinstore
nuclear
cancase.
be
The
Ombudsman
denied
on the A
ground
weapons
at Subic
and the
at motion
Clark
Field.
vital
declared
unconstitutional
with
the concurrence
of a
that
no administrative
case
JudgeCourt
Palacpac
majority
military
need
of thecomes,
Members
under
of against
the
theSupreme
agreement,
when
who
relative
to
the part
decision
in deliberation
Criminal
Case
No.
617
the sealanes
from
Persian
Gulf
toonthe
Pacific,
actually
took
inthe
the
the
issues
was
filedcase
and pending
in his
office.forces.
State
with eight
in
are the
threatened
and
by hostile
voted
military
thereon.
If only
reasons whether
the Ombudsman's
ruling took
is
Members
of the Supreme
Court actually
part
correct.
(4%)the case, there will still be a quorum.
in
deciding
The Nuclear
comes
to
Five
MembersFree
will Philippine
constitute Coalition
a majority
of those
you for
advice
on part
howinthey
couldthe
legally
who
actually
took
deciding
case.prevent
the same agreement entered into by the
President with the US government from going
SUGGESTED
ANSWER:
into effect. What
would you advise them to do?
The
Ombudsman's
ruling is not correct. Under
Give
your
reasons.
ARTICLE IX Constitutional
SUGGESTED
ANSWER:
Section
6, Article
VIII of the Constitution, it is the
Commissions
Rotational
If the Agreement
is not
the form
a treaty, it is
Supreme
Court which
isinvested
withofexclusive
Scheme
not likely(1999)
to supervision
be submitted
Senate
administrative
overtoallthe
courts
and itsfor
No
XIII - What
are the in
requisites
for the
effective
ratification
as
required
Art.this
VII,premise,
sec.
21.the
It may
personnel.
Prescinding
from
operation
of the
so-called
"Rotational
Scheme"
for
not, therefore,
be
opposed
in that
branch
Ombudsman
cannot
determine
for itself
andof
bythe
Constitutional
(2%)against
government.
is judicial
review
feasibleaat this
itself
whetherNor
aCommissions?
criminal
complaint
stage because
there is noinvolves
justiciable
judge,
or court employee,
an controversy.
SUGGESTED
ANSWER:
While
Art.
VIII,
sec.
1,
par.
2
states
that
judicial
administrative matter. The Ombudsman
is duty
As
held
in
Republic
v.
Imperial,
96
Phil.
770,
for
power to
includes
duty
of court
of and
justice
to
bound
have allthe
cases
against
judges
court
the
effective
operation
of
the
rotational
scheme
of
"determinefiled
whether
or it,
not
there has
been
a grave
personnel
before
referred
to the
Supreme
the
Constitutional
Commission,
first
abusefor
of determination
discretion amounting
to lackanthe
or excess
Court
as to whether
Commissioner
should
start
on
a
common
date
of jurisdiction aspect
on the
part of therein.
any branch
administrative
is involved
(Judgeor
and
any
vacancy
before
the expiration
the term
instrumentality
the government,"
it isof132177,
clear
that
Jose
Caoibes
v.ofOmbudsman,
G.R. No.
should
be
filled
only
for
the
unexpired
balance
of
this provision
July
19, 2001) does not do away with the political
the
term.
Taxpayer's
Suit;
Locus
Standi
(1995)
question doctrine. It was inserted in the
No.
12: When
Marcos
administration
was
Constitution
tothe
prevent
courts
from making
use of
Constitutional
Commissions
& Council
(Q7toppled
by the revolutionary
government,
the
the doctrine
to
avoid what
otherwise
are
2006)
Marcoses
behind severalalbeit
Old Masters'
justiciable left
controversies,
involving the
2.
The
legislature
maygovernment
abolish
this
body:
paintings
and
antique
said
toduring
have (5%)
Executive
Branch
of silverware
the
the
.1
Commission
on
Appointments
been
by them
personal
martialacquired
law period.
Onasthe
other gifts.
hand, at this
.2 justiciable
Ombudsman
Negotiations
were
then
made withcan
Ellen
stage, no
controversy
be Layne
framedofto
.3
Judicial
Barsale
Council
London
for theirreview,
disposition
and
at public
justify judicial
I and
would,
therefore,
advice
.4Later,
Court
of Tax Appeals
auction.
the
government
enteredtointo
a to
the Nuclear
Free
Philippine
Coalition
resort
.5 to Agreement"
Commission
on AuditEllen
"Consignment
allowing
Laynethe
the media
launch a campaign
against
of
London to auction off the subject art pieces.
Agreement.
Upon learning of the intended sale, well-known
Pro Hac
Vice Cases
(1999) of the arts of the
artists,
patrons
and guardians
No XI Whatfiled
doesa ifpetition
mean when
a Supreme
Court
Philippines
in court
to enjoin the
Justice
in a of
decision
pro hac
vice?
(2%)
sale
andconcurs
disposition
the valued
items
asserting
that their cultural significance must be preserved
SUGGESTED
ANSWER:
for
the benefit of
the Filipino people.
(1)
Canathe
take
of thethe
When
decisioncourt
is pro
hac cognizance
vice, it means
case?
Explain.
ruling will
apply to this particular case only.
(2) What are the requisites for a taxpayer's suit
to
Removal
prosper?
of Lower Court Judges (1993)
SUGGESTED ANSWER:

No. 11: How may the following be removed from


1.
No, 1)
theSenators
court cannot
take cognizance
of the of
office:
& Congressmen
2) Judges
case.
held3)inOfficers
Joya vs.and
Presidential
Commission
lower As
courts
employees
in the
on
Good
Government, 225 SCRA 569, since the
Civil
Service
petitioners were not the legal owners of paintings
SUGGESTED
ANSWER:
and
antique silverware,
they had no standing to
1) As to their
Sen disposition.
& Cong, Art.Besides,
III, section
of
question
the16(3),
paintings
and
the Constitution,
the antique silverware
... 2) Under
did
Art.
notVIII,
constitute
sec. 11 of
important
the Constitution,
culturalJudges
properties
of lower
or national
courts cultural
may be
treasures,
asdismissal
they hadby
nothe
exceptional
removed by
Supremehistorical
by a vote
and
to thewho
Philippines.
of a cultural
majoritysignificance
of the Members
actually took
part in the deliberation on the issues in the case
2.
According
to Joya3)us.
Commission
and
voted thereon.
AsPresidential
to Civ Service
Empl, Art.
on
Good
225 SCRA ...
IX-B.
Sec.Government,
2(3) of the Constitution,
568. for a taxpayer's suit to prosper, four
requisites must be considered:
(1) the question must be raised by the proper
Review Executive Acts (1996)
party;
(2)
an of
actual
No.there
10: 1)must
X, a be
clerk
courtcontroversy;
of the Regional Trial
(3)
theofquestion
be raised
earliest
Court
Manila, must
was found
guiltyatofthe
being
absent
possible
opportunity;
and90 days and considered
without official
leave for
(4)
the decision
on the constitutional
or legal
dismissed
from service
by the Supreme
Court. He
question
necessary
the determination
appealedmust
to thebePresident
fortoexecutive
clemency.
of
the case.
Acting
on the appeal, the Executive Secretary, by
order of the President commuted the penalty to a
In
order thatof asixtaxpayer
have
standing to
suspension
months. may
a) Can
the Supreme
challenge
the
legality
of
an
official
act of the
Court review the
government, the act being questioned must
correctness
of the action
of thefunds
President
involve
a disbursement
of public
upon inthe
commuting
the penalty imposed
X? for an
theory
that the expenditure
of publicon
funds
Explain.
unconstitutional
act is a misapplication of such
b)
Was the
of the President
funds, which
mayaction
be enjoined
at the instance of a
constitutional
and
valid?
Explain.
taxpayer.
SUGGESTED ANSWER:
Term
of Office;
Justices
(1996)
1. a) Yes,
the Supreme
Court
can review the
No.
correctness
9: A, an
of the
associate
action of
justice
the President
of the Supreme
In
Court
reached
the age
of seventy
July 1,
commuting
the penalty
imposed
on X. on
By doing
1996.
so, the Supreme
There was
Courtais not
case
deciding
calendared
a politicalfor
deliberation
onSupreme
that day Court
whereisthe
of A was
question. The
notvote
reviewing
the
crucial.
wisdom ofCan
the commutation
A hold overof the
the penalty.
positionWhat
andit
participate
the deliberation
of President
the case on
is deciding in
is whether
or not the
hasJuly
1,
the1996?
powerExplain.
to commute the penalty of X, As stated
SUGGESTED
ANSWER:
in Daza vs. Singson.
180 SCRA 496, it is within
No.
A cannot
hold over
his to
position
as Associate
the scope
of Judicial
power
pass upon
the
Justice
of the
theactions
Supreme
Court
participateofin
validity of
of the
otherand
departments
the Government.
deliberations of the case on July 1, 1996.
Under Section 11, Article VIII of the Constitution,
b) The commutation
by the President
the until
Members
of the Supreme
Court holdofoffice
penalty
imposed
by the
Supremeyears
Courtor
upon
X is
they
reach
the age
of seventy
become
unconstitutional. to
Section
6. Article VIII
of theduties.
incapacitated
discharge
their
Constitution vests
the Supreme
Courtare
withfixed
the by
Constitutional
officers
whose terms
power
of administrative
supervision
overover
all their
the
Constitution
have no
right to hold
courts anduntil
theirtheir
personnel.
In Garcia
De labeen
positions
successors
shallvs.have
Pena, 229 SCRA
it was held
that nootherwise
other
appointed
and 766,
qualified
unless
branch ofinthe
Government
may
intrude into
this
provided
the
Constitution.
(Mechem,
A Treaties
exclusive
of the
Supreme
on
the Lawpower
of Public
Offices
and Court.
Officers, p. 258.)

which ruled that the amounts due are the


personal liabilities of the former Governor who
dismissed the employees in bad faith. Thus, ADS
refused to pay. The final CSC decision, however,
did not find the former Governor in bad faith. The
former Governor was likewise not heard on the
question of his liability.
Is ADS' refusal justified? Can COA disallow the
payment of backwages by ADS to the dismissed
employees due under a final CSC decision?
Decide and reason briefly. (5%)
SUGGESTED ANSWER:
A. The refusal of ADS is not justified, and the
Commission on Audit cannot disallow the payment
of backwages by ADS to the dismissed employee.
The Commission on Audit cannot make a ruling that
it is the former governor who should be personally
liable, since the former governor was not given the
opportunity to be heard. In addition, the Commission
on Audit cannot set aside a final decision of the Civil
Service Commission. The payment of backwages to
illegally dismissed government employee is not an
irregular, unnecessary, excessive, extravagant or
unconscionable expenditure. (Uy v. Commission on
Audit, 328 SCRA 607 [2000]).

Function of CSC (1994)


No. 15 - 2) Can the Civil Service Commission
revoke an appointment by the appointing power
and direct the appointment of an individual of its
choice?
SUGGESTED ANSWER:
According to the ruling in Medalla vs. Sto. Tomas,
208 SCRA 351, the Civil Service Commission
cannot dictate to the appointing power whom to
appoint. Its function is limited to determining
whether or not the appointee meets the minimum
qualification requirements prescribed for the
position. Otherwise, it would be encroaching
upon the discretion of the appointing power.
GOCCs Without Original Charter vs. GOCCs
SUGGESTED
ANSWER:
With Original Charter
(1998)
The
legislature
may abolish
the d) COURT
No II.-- The Constitution
distinguishes
betweenOF
two
TAX
APPEALS
since
it
is
merely
a
creation
of law
types of owned and/or controlled corporations:
unlike
theoriginal
Commission
on those
Appointments,
those with
charters and
which are
Ombudsman,
Judicial
and
Bar
subsidiaries of such corporations. InCouncil
which ofand
the
Commission
on Auditis which
all constitutional
following rule/rules
such are
a distinction
made?
creations.
Thus,ofthe
agencies
be
Consider each
thelatter
following
itemsmay
andonly
explain
abolished
by
way
of
an
amendment
or
revision
briefly your answer, citing pertinent provisionsofof
the
the Constitution.
Constitution.

1
The rule prohibiting the appointment to
certain
government
positions,
of the spouse and
ARTICLE IX Civil
Service
relatives of the President within the fourth degree
Commission
of consanguinity or affinity. [2%]
2
The rule making it incompatible for
Career Service;
Characteristics
(1999)
members
of Congress
to hold offices
or
No IX - What
characterizes
the[2%]
career service
employment
in the
government.
and what
in members
the career
service?
3
Theare
ruleincluded
prohibiting
of the
(2%)
Constitutional
Commissions, during their tenure,
SUGGESTED
to
be financiallyANSWER:
interested in any contract with or
According
to Section
7, Chapter
any
franchise
or privilege
granted2,byTitle
theI, Book V
of the Administrative
Code of 1987, the career
government,
[2%]
service The
is characterized
byfor post audit by the
4
rule providing
(1) Entrance
based
on meritagencies.
and fitness
to be
COA
of certain
government
[2%]
determined
as practicable
by competitive
5
The as
rulefarrequiring
Congress
to provide for
examination
or based
on highly technical
the
standardization
of compensation
of
qualifications;officials and employees. [2%]
government
(2) opportunity for advancement to higher career
positions; and
(3) security of tenure.
The career service includes:
(1) OPEN
CAREER POSITIONS for
appointment to which prior qualifications in an
appropriate examination is required;
(2) CLOSED CAREER POSITIONS which are
scientific or highly technical in nature;
(3) Positions in the CAREER EXECUTIVE
SERVICE;
(4) Career officers other than those in the career
executive service, who are appointed by the
President;
(5) Commissioned officers and enlisted men of
the Armed Forces;
(6) Personnel of government -owned or
controlled corporations, whether performing
governmental or proprietary functions, who do not
fall under the non-career service; and
(7) Permanent laborers, whether skilled,
semiskilled, or unskilled.
Civil Service Commission vs. COA (2004)
(9-a) Former Governor PP of ADS Province had
dismissed several employees to scale down the
operations of his Office. The employees
complained to the Merit Systems Protection Board,
which ruled that the Civil Service rules were
violated when the employees were dismissed. The
Civil Service Commission (CSC) affirmed the
MSPB decision, and ordered ADS to reinstate the
employees with full backwages. ADS did not
appeal and the order became final.
Instead of complying immediately, BOP, the
incumbent Governor of ADS, referred the matter
to the Commission on Audit (COA),

decoration
compensation
of honor and
of the
government
gold ring from
officials
the
and memorandum-order, directs the corporation to
Government
employees,
of Cambodia
distinguishes
to bebetween
valid, Governor
government comply with Civil Service Rules in the
A should
corporations
first obtain
and
the consent
their subsidiaries,
of Congress. for the appointment of all of its officers and employees.
provision applies only to government corporations The memorandum-order of the CSC is assailed by
Security
of Tenure
(1988)
with original
charters.
the corporation, as well as by its officers and
No. 10: Exercising power he claims had been employees, before the court. How should the case
granted him by the Executive Order on the be resolved?
reorganization
of
the
government,
the SUGGESTED ANSWER:
Jurisdiction over the GOCCs (1999)
Commissioner of Customs summarily dismissed The memorandum-order of the Civil Service
No IX - Luzviminda Marfel, joined by eleven other
two hundred sixty-five officials and employees of Commission should be declared void. As held in
retrenched employees, filed a complaint with the
the Bureau of Customs. Most of the ousted Gamogamo v. PNOC Shipping and Transit
Department of Labor and Employment (DOLE) for
employees appealed to the Civil Service Corporation. 381 SCRA 742 (2002). under Article
unpaid
retrenchment
or
separation
pay,
Commission claiming their ouster illegal. The Civil IX-B, Section 2(1) of the 1987 Constitution
underpayment of wages and non-payment of
Service Commission, after hearing, later ordered government-owned or controlled corporations
emergency cost of living allowance.
The
the Commissioner of Customs to reinstate most of organized under the Corporation Code are not
complaint was filed against Food Terminal, Inc.
those dismissed. Instead of following the order of covered by the Civil Service Law but by the Labor
Food Terminal Inc. moved to dismiss on the
the Civil Service Commission, Commissioner Mison Code, because only government-owned or
ground of lack of jurisdiction, theorizing that it is a
intends to bring for review before the Supreme controlled corporations with original charters are
government-owned and controlled corporation and
covered by the Civil Service.
Court, the same decision of the Commission.
its employees are governed by the Civil Service
Law and not by the Labor Code. Marfel opposed
SUGGESTED ANSWER:
theIf motion
dismiss,
that although
1.
you weretothe
counselcontending
for the Commissioner
of
Modes of Removal from Office (1993)
Food
Terminal,
Inc.
is
a
corporation
owned
and
1
13.
Article
VII ofbe
the
Constitution,
Customs, how would you justify his dismissal of
No. 11: Section
How may
the
following
removed
from
controlledofficials
by theand
government
earlier created and
which
the &President
from appointing
customs
employees?
office: prohibits
1) Senators
Congressmen
2) Judgeshis
of
organized under the general corporation law as spouse and relatives within the fourth degree of
lower courts 3) Officers and employees in the
"The
Manila
Terminal,
Inc.",forit has consanguinity or affinity does not distinguish between
2.
If onGreater
the other
hand,Food
you were
a counsel
Civil Service
still
the
marks
of
a
private
corporation:
it directly government corporations with original charters and
the dismissed officials and employees, how
hires its
employees
without
seeking
approval
subsidiaries,
because the prohibition applies to
would
you
sustain the
order of
the Civil
Servicefrom their
SUGGESTED
ANSWER:
the
Civil
Service
Commission
and
its
personnel
both.
Commission reinstating most of them? State
your
1) Senators, Cong., Art. III, section 16(3), of the
are covered by the Social Security System and not
2
Section
reasons.
Constitution,
... 13, Article VII of the Constitution,
the Government Service Insurance System, The which prohibits Members of Congress from holding
question posed in the petition for certiorari at bar is
any
other office
during
term
forfeiting
2) Judges,
Art. VIII,
sec.their
11 of
thewithout
Constitution,
whether or not a labor law claim against a their seat, does not distinguish between government
government-owned or controlled corporation like corporations
original
charters
their
3) Under Art.with
IX-B.
Sec. 2(3)
of theand
Constitution,
the Food Terminal, Inc. falls within the jurisdiction
subsidiaries,
because
the
prohibition
applies
to both.
officers and employees in the Civil Service may
of the Department of Labor and Employment or 3
2, Article
IX-Aas
of provided
the Constitution,
only be Section
removed
for cause
by law
the Civil Service Commission? Decide and which
prohibits
Members
of the
Constitutional
and after
observance
of due
process.
ratiocinate. (4%)
Commissions from being financially interested in any
SUGGESTED ANSWER:
The claim of the retrenched employees falls under
the jurisdiction of the National Labor Relations
Commission and not under the jurisdiction of the
Civil Service Commission. As held in Lumanta v.
National Labor Relations Commission, 170 SCRA
79, since Food Terminal, Inc. was organized
under the Corporation Law and was not created
by a special law in accordance with Section 2(1),
Article IX-B of the Constitution, it is not covered by
the civil service.

contract
Their removal
with ormust
any be
franchise
effected
orby
privilege
the appropriate
granted by
the
Government,
does in
notaccordance
distinguish between
disciplinary
authority
with Ch. 7
government
original charters
and
secs. 47-48 corporations
of Book V of with
the Administrative
Code
their
subsidiaries,
because
prohibition
applies
of 1987
and the
Civil the
Service
Rules
andto
both.
Regulations.
4
Section 2(1), Article IX-D of the Constitution
Receiving
of Indirect
(1997)
which
provides
for postCompensation
audit by the Commission
on
No. 18;
A, while ancorporations,
incumbent Governor
of his
audit
of government
does not distinguish
province,government
was invited
by the Government
between
corporations
with original of
Cambodia
astheir
its official
guest.because
While there,
the
charters
and
subsidiaries,
the provision
applies
sovereign
to both.
king awarded Governor A with a
5
decoration
Section
of honor
5, Article
andIX-B
gifted
of the
himConstitution,
with a gold
which
for the
standardization
of the
ring of provides
insignificant
monetary
value, both
of which
he accepted.

Jurisdiction over the GOCCs (2003)


No VII - A corporation, a holder of a certificate of
registration issued by the Securities and Exchange
Commission, is owned and controlled by the
Republic of the Philippines. The Civil Service
Commission (CSC), in a

Was Governor A's acceptance of the decoration


and gift violative of the Constitution?
SUGGESTED ANSWER:
Yes, it violated Section 8, Article IX-B of the
Constitution. For his acceptance of the

be disqualified
removed
the
opportunity
exceptas
offor
a
political
cause.
candidate
candidates.
(Sta.
and
Maria
so ineligible
This
v. Lopez,
is the
G.R.
ruling
for
theNo.
inoffice
Buckley
L-30773,
to which
vs.February
Valeo,
he was
424
18,1970)
elected.
U.S. 1 Would
(1976),this
which
fact
entitle
invalidated
a competing
a law limiting
candidate
thewho
expenditures
obtained
(b)
Was
Ricardo
from
his
of candidates
the
second
highest
for campaigning
number ofremoved
votes
in the to
United
ask
and to
position
Dean
of the
College
Education
States.
be
proclaimed
In theasPhilippines,
the
winner
of
a provision
the
elective
of the
office?
or merely transferred
to the
of Special
Taada-Singson
Reasons.
Law, limiting
theposition
period for
SUGGESTED
ANSWER:
Assistant to
thenearly
President?
Explain.
campaigning,
was
invalidated
on this same
According
to Trinidad
v. majority
COMELEC.
315lacked
SCRA
principle, except
that the
of court
SUGGESTED
175
[1999],
if ANSWER:
themake
candidate
who obtained
one
more
vote
to
their decision
effective.the
Ricardo
was
removed
from his
position
as dean.
(See
highest
Gonzalez
number
vs.of
Comelec,
votes
27
is SCRA
disqualified,
835
the
Having an who
appointment
fixed term,
he
(1969).
candidate
obtained with
the asecond
highest
cannot, without
his consent,
number
of votes
cannot be
be transferred
proclaimedbefore
the
Grant
Pardon
Election
(1991)
the endofSince
of
his term.
He cannot
asked
to give
winner.
hein was
not Offenses
thebechoice
of
the
No.
11 post
Innorconnection
with
May
1987
up his
appointed
as dean
another
people,
he- cannot
claim any right
tothe
theof
office.
Congressional
elections,
Luis
Millanes
was
college, much less
transferred
to another
position
2nd
(1990)
prosecuted
for
and convicted
of an
evenPlacer
if it beRule
dignified
with a dean's
rank.election
More
No.
Aand
filed
a
protest
withto
House
Electoral
offense
was
sentenced
suffer
imprisonment
than 7:this,
the
transfer
was
a the
demotion
because
Tribunal
questioning
the
election
of an
B impose
asacademic
Member
for
six years.
court
did not
the
deanship
in a The
university,
being
of
the House
ofrequires
inability
the public
1987
additional
penalty
ofRepresentatives
disqualification
hold
position
which
learning, to
and
national
onexalted
theofground
that
Ba isspecial
not as
a
office
andelections
of isdeprivation
the
right
ofofsuffrage
scholarship,
more
than
that
resident
the 164
latter
representing.
provided
forthemerely
indistrict
Section
ofis the
Omnibus
assistant of
who
assists
the President,
as the
While
theCode
caseofThe
was
pending.assistant
B accepted
an not
adElection
the Philippines
title indicates.
special
does
(B.P.
881).
interim
appointment
as unlike
Secretary
of who
the
makeBlg.
authoritative
decisions
the dean
Department
of
Justice.
does so in his own name and responsibility. The
In
April 1991,
the President
granted
himwhile
absolute
position
of dean
is created
by law,
the
(1)
May
A
continue
with
his
election
protest
pardon
on
the
basis
of
a
strong
recommendation
special assistant is not so provided by law;init was
order
determine
the real
in the
saidMaria
of
the to
Board
Pardons
andwinner
Parole.
a creation
ofofthe
university
president.
(Sta.
elections?
State
your
reason.
v. Lopez, G.R. No. L-30773, February 18, 1970)
(2) Can A, who got the second highest number of
Then for
votes
in the
theelections,
election inask
May
that1992,
he beLuis
proclaimed
Millanes
SUGGESTED
files
elected
his incertificate
placeANSWER:
of B?
of candidacy
Explain your
foranswer.
the office of
1.
I would
invoke
the Meaning
resolution(1999)
in Jose v. Arroyo,
Mayor
in his
municipality.
Security
of
Tenure;
G.R.
No.
78435,
Aug.
11,
1987,
in which
the of
No IX - -What is the meaning and
guarantee
Supreme
(a)
What
is
Court
the
effect
held
that
of
the
under
failure
Art.
of
XVIII,
the
court
sec, to
16
security of tenure? (2%)
of
impose
the
Constitution,
the
additional
career
penalty?
service
employees
SUGGESTED ANSWER:
may
(b)
Isbe
theremoved
pardon
valid?
"not for
cause
but asCommission,
a result of
According
to Palmera
v. Civil
Service
SUGGESTED
ANSWER:
the reorganization
pursuant toOF
Proclamation
No.
235
SCRA 87, SECURITY
TENURE means
(a)
No
to expressly
impose
the
they
are Service
3 dated
March
25,
and
the
that
noneed
officer
or 1986
employee
in reorganization
Civil
accessory
penalties.
following
the
ratification
of this Constitution."
shall
be suspended
or dismissed
except for By
cause
virtue
of this by
provision,
wasdue
heldprocess.
that the
as
provided
law anditafter
(b)
The pardonofisthe
void,
sinceof
Luis
Millanes
was
reorganization
Bureau
Customs
under
convicted
the No,
commission
an election
Executive for
Order
127 may of
continue
even after
offense
and his
was not made
the
ratification
ofpardon
the
Constitution,
and upon
careerthe
ARTICLE
IX
COMELEC
Electoral
recommendation
ofmay
the COMELEC.
Under
Article
service
employees
be
separated
from
the
Tribunal; Functions & Composition (Q5-2006)
IX,
C, Sec.
5 of cause
the Constitution,
pardon for
service
without
as a result no
of such
violation
of an election law may be granted
reorganization.
1.
What is the function of the Senate
without the favorable recommendation of the
Electoral Tribunal and the House of
2. I would argue that art. XVIII, sec. 16 does not
COMELEC
Representatives Electoral Tribunal? (2.5%)
really authorize the removal of career service
SUGGESTED ANSWER:
Judicial
Review
of Decisions
employees
but simply
provides (2001)
for the payment of
Under Article VI, Section 17 of the 1987
separation,
No
XVI - In
retirement,
an election
and other
protest
benefits
involving
accruing
the
Constitution, the Senate and House of
to them under
position
of Governor
the applicable
of the laws.
Province
The reference
of Laguna
Representatives Electoral Tribunals shall be the
to career service
employees
separated
between
"A", the
protestee,
and "as
"B",a result
the
sole judge of all contests relating to the election,
of the reorganization
ratification
of
protestant,
the First following
Division the
of the
COMELEC
returns, and qualifications of their respective
this Constitution"
is only
to those
rendered
a decision
upholding
B'sseparated
protest as a
Members.
result of reorganization of the structure and
Can
"A" file
petition for (e.g.,
certiorari
theof
functions
of agovernment
as awith
result
2.
What is the composition of each? (2.5%)
Supreme Court under Rule 65 of the Rules of
SUGGESTED ANSWER:

Court,
Each
Electoral
fromoftheoffices)
decision
Tribunal
the
COMELEC
be composed
First ofthe
abolition
asofshall
distinguished
from
NINE
Division?
Members,
If yes.ofWhy?
three
Ifofnot
whom
whatshall
procedural
be is
Justices
reorganization
personnel
which
is what
referred
step
must
heas
undertake
first?
of
Supreme
Courtreorganization
to be( 5%)
designated
by the to
to the
therein
"the
pursuant
SUGGESTED
ANSWER:
Chief
Justice,No.
and
the remaining
shall
Proclamation
3 dated
March 25, six
1986."
Forbe
the
"A"
cannot
a government
petition
with the
Members
Senatefororcertiorari
House
of
power
of offile
thethe
totheterminate
the
Supreme
held
in
Mastura
vs.
Representatives,
as As
the case
be,
who officials
shall
employmentCourt.
of elective
and may
appointive
COMELEC,
(1998),
Supreme
be
chosen
onSCRA
basis
of the
proportional
pursuant
to 285
Art.
III, the
sec.493
2 of
Proclamation
No. 3
Court
cannot
review
the
decisions
or Constitution),
resolutions
representation
fromasthe
parties
and the
(otherwise
known
thepolitical
Provisional
of
a division
ofappointment
the COMELEC.
"A" should
first
file
parties
or
registered
under
through
the organizations
or designation
of the
their
a
motion system
forhas
reconsideration
with
thetoThe
COMELEC
party-list
represented
therein.
senior
successors
been
repeatedly
held
have
ended
en
Justice
in the
Tribunal
shall
be its
on banc.
February
2, Electoral
1987, when
the new
Constitution
Chairman
(Article
Section
17,1987
took effect. (De
Leon v.VI,
Esguerra,
153 SCRA
602
Removal
from v.
Office;
(1998)
Constitution).
(1987); Reyes
FerrerCommissioners
G.R. No. 77801,
Dec. 11,
No
IX. Osias
- Suppose
a Commissioner
of the COMELEC
1987;
v. Ferrer,
G.R, No. 77049,
March 28,
Fair
Election;
Equal
& Timeofin
Media
is
charged
before
the Space
Sandiganbayan
for
allegedly
1988),
Moreover,
such
replacement
incumbents
(1989)
tolerating
violation
of as
theprescribed
election laws
against
can only be
for cause
by Executive
No.
COMELEC
(COMELEC)
resolution
proliferation
of prohibited
billboards
election
Order16:No.A 17,
dated May
28, 1986.and
Since
the
provides
that
parties
supporting
a
propaganda
withpolitical
the inend
in vieware
of
removing
him
summary dismissals
question
not
for cause,
common
set
ofthe
candidates
shall
be
allowed
to
from
office.
Will
prosper?
[5%]
the removal
theaction
Bureau
of Customs
officials
purchase
jointly
air
time
and
the
aggregate
violates art. IX, B, sec, 2(3) of the Constitution.
SUGGESTED
ANSWER: space purchased for
amount of advertising
No,
the action
will not
Under
campaign
purposes
shallprosper.
not exceed
thatSection
allotted8,
Article
of the Constitution,
the Commissioners
to otherXIpolitical
parties or groups
that nominatedof
Security
Tenure
(Q5-2005) by
the
COMELEC
arecandidates.
removable
only
one ofset
of
TheIMPEACHMENT.
resolution is
(3) held
Ricardo
was
Dean
of the
College
As
in the
case
of In re
Gonzales.
160
SCRA
challenged
as
a elected
violation
of
the
freedom
of of
Education
in aaof
State
a term
of fiveby
(5)
771,
774775,
public
officer
is
removable
speech
and
theUniversity
press. who
Isfor the
resolution
years
unless
sooner
terminated.
Many
were
not
impeachment
cannot
be
charged
before
the
constitutionally defensible? Explain.
SUGGESTED
ANSWER:
pleased with his
performance.
To appease
those
Sandiganbayan
with
an offense which
carries with
it
Yes,
the
resolution
is
constitutionally
defensible.
critical
of
him,
the
President
created
a
new
position,
the penalty of removal from office unless he is first
Under
Section
4, Article
IX-C
ofremoved
the with
1987
that
of Special
Assistant
the be
President
the
impeached.
Otherwise,
heto will
from
Constitution,
during
the
election
period
the
rank
of
Dean,
without
reduction
in
salary,
and
office by a method other than Impeachment.
COMELEC
may supervise
or regulate
theinterest
media of
appointed Ricardo
to said position
in the
of
or information to ensure
equal
thecommunication
service. Contemporaneously,
the University
opportunity,
time, and
spaceasamong
candidates
President appointed
Santos
Acting Dean
in place
Right
to objective
Vote;
with
the
of holding (2001)
free, orderly, honest,
of Ricardo.
(5%)Jurisdiction
No
II - Let us
suppose
that Congress
a
peaceful,
and
credible
elections.enacted
To allow
law
which amended
OmnibusbyElection
Code
candidates
which arethe
supported
more than
one
(particularly
Sections
138, 139,
142, air
143)time
by and
political party
to purchase
more
(a) , in the
Does
the candidates
phrase
"unless
sooner
vesting
COMELEC
the jurisdiction
over
advertising
space
than
supported
by
mean
that
position
of latter
Ricardo
inclusion
and party
exclusion
cases
filed
by the
voters,
one terminated"
political
only
willthe
deprive
of
is terminable
at will?
instead
of inand
thespace
courts
then RTC). Is the
equal
time
in(MTC,
the media.
ALTERNATIVE
law
valid or not, ANSWER:
and why? (5%)
No, the term "unless
sooner terminated" could
ALTERNATIVE
ANSWER:
SUGGESTED
ANSWER:
not Although
No.
mean
thatthe
hisexpenditure
position
islimitation
terminable
applies
at will.
The
law granting
the
COMELEC
jurisdiction
over
only
to the
purchase
of aircases
time,
thus
leaving
Security
of
tenure
means
that is
dismissal
should
inclusion
and
exclusion
unconstitutional.
political
parties
free as
to
spend
forofother
forms
only beSection
for cause,
provided
bythelaw
andofnot
Under
2(3),
Article
IXC
Constitution,
campaign,
the
limitation
nonetheless
results
a
otherwise.
(Palmera
v. CSC,
110168,
the
COMELEC
cannot
decideG.R.
the No.
right
toinvote,
direct
substantial
the exclusion
quantity of of
Augustand
4, 1994)
which
refers
to the reduction
inclusion ofand
political speech
by restricting
number
of of the
voters.
Under Section
2(6), the
Article
IX-C
ALTERNATIVE
ANSWER:
issues
that can
discussed,
the depthinofcourt
their for
Constitution,
it be
can
only file petitions
No, his position
is not
terminable
at will. that
Ricardo's
discussion
the
size
of
the audience
can
inclusion
orand
exclusion
of
voters.
contract
of employment
a fixed media.
term ofSince
five
be
reached,
through the has
broadcast
years.
It is not
an acting
the
purpose
of an
theappointment
Free SpeechinClause
is to
capacity
or
as
officer-in-charge.
A
college
dean
promote
the
widest
possible
dissemination
of
Election Laws 2nd
appointed
with
a
term
cannot
be
separated
information,
and
the
reality
is
that
to
do
this
Placer Rule (2003)
without
Ricardo,
a definite
term ofinon
requires
the
expenditure
of
money,
aelections
limitation
No VIII -cause.
In the
municipalwith
mayoralty
employment,
may
not
thus
be
expenditure
for
this
purpose
cannot
be
justified,
1980, the candidate who obtained the highest
not
even
for
the
purpose
of
equalizing
number of votes was subsequently declared to

discharge the office of mayor. Under Section 44 of


the Local Government Code, it is the vice mayor
who should succeed in case of permanent
vacancy in the office of the mayor. It is only when
the position of the vice mayor is also vacant that
the member of the Sangguniang Bayan who
obtained the highest number of votes will succeed
to the office of mayor.

b)
If the second-placer in the gubematorial
elections files a quo warranto suit against Nicasio
and he is found to be disqualified from office, can
the second-placer be sworn into office as
governor?
c)
If, instead, Nicasio had been born (of the
same set of parents) in the United States and he
thereby acquired American citizenship by birth,
would your answer be different?

Appreciation of Ballots (1994)


No. 3; If a candidate for town mayor is an
engineer by profession, should votes for him with
the prefix "Engineer" be invalidated as "marked
ballots"?
SUGGESTED ANSWER:
3) No, a ballot in which the name of a candidate
for town mayor who is an engineer which is
prefixed with "engineer" should not be invalidated
as a marked ballot. Under Rule No. 12 of the
rules for the appreciation of ballots, ballots which
contain such prefixes are valid.

SUGGESTED ANSWER:
a) No, Nicasio no longer possesses Philippine
citizenship. ...

Disqualification; Grounds (1991)


No. 11 - In connection with the May 1987
Congressional elections, Luis Millanes was
prosecuted for and convicted of an election
offense and was sentenced to suffer imprisonment
for six years. The court did not impose the
additional penalty of disqualification to hold public
office and of deprivation of the right of suffrage as
provided for in Section 164 of the Omnibus
SUGGESTED
ANSWER:
Election Code of
the Philippines
(1) Blg.
No,
A may not continue with his protest.
(B.P.
881).
....
(2)April
In
No, A
1991,
cannot
theask
President
that hegranted
be proclaimed
him absolute
elected on
in place
of B.of The
votesrecommendation
cast for B were
pardon
the basis
a strong
notthe
invalid
votes.
Hence,and
A garnered
only the
of
Board
of Pardons
Parole. Then
for the
second highest
number
of votes.
election
in May 1992,
Luis
MillanesOnly
filesthe
his
candidate of
who
obtainedfor
thethe
majority
or Mayor
plurality
certificate
candidacy
office of
inof
the municipality.
votes is entitled to be proclaimed elected. On
his
this ground, it was held in Labo v. COMELEC,
(c)
Is a1,petition
tofact
disqualify
Millanes
176 SCRA
that the
that the
candidate who
(d)
viable?
What the
are highest
the effects
of a petition
obtained
number
of votestoisdisqualify?
not
eligible does not entitle the candidate who
obtained the second highest number of votes to
be proclaimed the winner.

2nd Placer Rule; Rule of Succession (1996)


No. 13: 1) A and B were the only candidates for
mayor of Bigaa, Bulacan in the May 1995 local
elections. A obtained 10,000 votes as against
3,000 votes for B. In the same elections, X got the
highest number of votes among the candidates
for the Sangguniang Bayan of the same town. A
died the day before his proclamation. a) Who
should the Board of Canvassers

2nd Placer Rule; in Quo Warranto Cases


(1992)
No. 16: Edwin Nicasio, born in the Philippines of
Filipino parents and raised in the province of
Nueva Ecija, ran for Governor of his home
province. He won and he was sworn into office. It
was recently revealed, however, that Nicasio is a
naturalized American citizen. a) Does he still
possess Philippine citizenship?

b) In accordance with the ruling in Abella us.


COMELEC, 201 SCRA 253, the second placer
cannot be sworn to office, because he lost the
election. To be entitled to the office, he must
have garnered the majority or plurality of the
votes.
c)

Yes because he will be a dual citizen ...

proclaim as elected mayor, A, B or X? Explain, b)


Who is entitled to discharge the functions of the
office of the mayor, B or X? Explain.
SUGGESTED ANSWER:
In accordance with Benito vs. COMELEC, 235
SCRA 436, it is A who should be proclaimed as
winner, because he was the one who obtained
the highest number of votes for the position of
mayor, but a notation should be made that he
died for the purpose of applying the rule on
succession to office. B cannot be proclaimed,
because the death of the candidate who obtained
the highest number of votes does not entitle the
candidate who obtained the next highest number
of votes to be proclaimed the winner, since he
was not the choice of the electorate. X is not
entitled to be proclaimed elected as mayor,
because he ran for the Sangguniang Bayan.
Neither B nor X is entitled to discharge the
functions of the office of mayor. B is not entitled
to discharge the office of mayor, since he was
defeated in the election. X is not entitled to

B) B is not considered ipso facto resigned.


Section 67 of the Omnibus Election Code
considers any elective official ipso facto resigned
from office upon his filing of a certificate of
candidacy for any office other than the one he is
holding except for President and Vice-President,
was repealed by the Fair Election Act
Effect of Filing of Certificate of Candidacy;
Fair Election Act (2003)
No X - (a) Pedro Reyes is an incumbent ViceMayor of Quezon City. He intends to run in the
regular elections for the position of City Mayor of
Quezon City whose incumbent mayor would
have fully served three consecutive terms by
2004. Would Pedro Reyes have to give up his
position as Vice-Mayor(1) Once
he files his certificate of
candidacy; or
(2) When the campaign period starts; or
(3) Once and if he is proclaimed winner in
the election; or
(4) Upon
his assumption to the elective
office; or
(5) None of the above. Choose the
correct answer

SUGGESTED ANSWER:
(c) In accordance with Sec. 68 of the Omnibus
Election Code, Luis Millanes may be disqualified
from running for mayor as he was convicted of an
election offense.
(d) Under Sec. 6 of the Electoral Reforms Law,
any candidate who has been declared by final
judgment to be disqualified shall not be voted for,
and votes cast for him shall not be counted.
If before the election he is not declared by final
judgment to be disqualified and he is voted for

and he receives the winning number of votes, the


hearing on the question of disqualification should
continue. Upon motion of the complainant or any
intervenor, the court or the COMELEC may order
the suspension of the proclamation of the winning
candidate if the evidence of his guilt is strong.
Disualifications (1999)
No V - A.2. Under the Local Government Code,
name four persons who are disqualified from
running for any elective position. (2%)
SUGGESTED ANSWER: A2.) Under Section 40
of the Local Government Code, the following are
disqualified from running for any local elective
position: 1) Those sentenced by final judgment for
an
offense involving moral turpitude or for an
offense punishable by one (1) year or more
of imprisonment, within two (2) years after
serving sentence;
2)
Those removed from office as a result of
an administrative case;
3)
Those convicted by final judgment for
violating the oath of allegiance to the Republic of
the Philippines;
4) Those with dual citizenship; 5) Fugitives
from justice in criminal or nonpolitical cases
here or abroad;
6)
Permanent residents in a foreign country
or those who have acquired the right to reside
abroad and continue to avail of the same right
after the effectivity of the Local Government
Code; and
7)
The insane or feeble-minded.
Effect of Filing of Certificate of Candidacy;
Appointive Officer vs Elective Officer (2002)
No XIII. A, a City Legal Officer, and B, a City
Vice-Mayor, filed certificates of candidacy for the
position of City Mayor in the May 14, 2001
elections. a) Was A ipso facto considered
resigned and,
if so, effective on what date? (2%) b) Was B ipso
facto considered resigned and,
if so, effective on what date? (3%) In both cases,
state the reason or reasons for your answer.
SUGGESTED ANSWER:
A) A was considered ipso facto resigned upon
the filing of his certificate of candidacy, because
being a City Legal Officer, he is an appointive
official. Section 66 of the Omnibus Election Code
provides that any person holding a public
appointive office shall be considered ipso facto
resigned upon the filing of his certificate of
candidacy.

and honest
Solis,
43 SCRA
elections.
123,Several
it was candidates
held that where
for
a
municipal
race. One
protestant positions
in an withdrew
election from
case the
accepted
his
candidate
for as
Mayor
petitioned
the COMELEC
appointment
judge,
he abandoned
his claimfor
to
the postponement
of the elections
and the Hence,
holding
public office involved
in the protest.
of
the causes
of such
thespecial
protestelections
must be after
dismissed
for having
become
postponement
failure
of elections
shallBoard
have of
moot. Similarly,or in
Perez
v Provincial
ceased.
Nueva Ecija, 113 SCRA 187, it was held that the
claim of a petitioner to an appointive office had
1.
How many
votesbecause
of the COMELEC
become
moot,
the petitioner had
Commissioners
may be
grant the
forfeited his claim
to cast
the tooffice
by petition?
filing a
Explain.
certificate of candidacy for mayor.
2. A person
Election
Protest
who was
vs. not
Quoa Warranto
candidate (2001)
at the time
Nothe
of
XVII
postponement
- Under the Omnibus
of the elections
Electiondecided
Code to
(B.P.for881,
run
an elective
as amended),
position and
briefly
filed
differentiate
a certificatean
election
of
candidacy
protest
prior
from
to the
a quo
special
warranto
elections.
case,May
as to
his
of candidacy
be accepted?
whocertificate
can file the
case and the
respective Explain.
grounds
therefor. (5%)
SUGGESTED ANSWER;
3.
he ran
as a substitute
candidate
AnSuppose
ELECTION
PROTEST
maybe for
fileda by
a losing
who
previously
withdrew
his candidacy,
will winner
your
candidate
for the
same office
for which the
answer
be the
same? Explain.
filed his
certificate
of candidacy. A QUO
WARRANTO CASE may be filed by any voter
who is a registered voter in the constituency
where the winning candidate sought to be
disqualified ran for office.
In an election contest, the issues are: (a) who
(b) If Pedro
received
theReyes
majority
were,
or instead,
plurality an
of incumbent
the votes
Congressman
which
were legally
of Quezon
cast and
City,
(b)who
whether
intends
there
to
seek the
were
irregularities
mayoraltyinpost
the conduct
in Quezon
of the
City,election
would
your choice
which
affectedofitsanswer
results.in no.(1) above be the
same? If not, which would be your choice?
In a quo warranto case, the issue is whether the
SUGGESTED
candidate
whoANSWER:
was proclaimed elected should be
(a)
The
correct
answer
is (5). Section
14 of the
disqualified because
of ineligibility
or disloyalty
to
FairPhilippines.
Election Act repealed Section 67 of the
the
Omnibus Election Code, which provided that any
Election
Protest
vs. Quo
Warranto
(Q5-2006)
elected official,
whether
national
or local,
who runs
Differentiate
election
protest
from
an action
for any office an
other
than the
one he
is holding
in a
for
quo warranto.
(2.5%)
permanent
capacity,
except for President and Vice
SUGGESTED
President, shallANSWER:
be considered ipso facto resigned
An
PROTEST
is his
a certificate
proceeding
from ELECTION
his office upon
the filing of
of
whereby
losing 14
candidate
for aElection
particular
candidacy.a Section
of the Fair
Act
position
contests ineffective
the resultsthe
offirst
theproviso
election
on
likewise rendered
in the
grounds
of fraud,ofterrorism,
irregularities
illegal
third paragraph
Section 11
of RepublicorAct
No.
acts
8436.committed before, during or after the casting
and counting of votes. On the other hand, a
PETITION FOR QUO WARRANTO is filed by any
Consequently,
Reyes the
can election
run for Mayor
registered
voterPedro
to contest
of any
without giving
up his position
as Vice-Mayor.
He
candidate
on grounds
of ineligibility
or disloyalty
willthe
have
to give
position as Vice-Mayor
to
Republic
of up
the his
Philippines.
upon expiration of his term as Vice-Mayor on
June 30, 2004.
The question
did not(1996)
ask the examinee
Election(Note:
Protest;
Jurisdiction
the reason
for his
choice and
the
No, 14: to1)explain
As counsel
for the
protestant,
where
general instructions requires such discussion
will you file an election protest involving a
only to a "yes" or "no" answer.)
contested elective position in:

(b)the
Thebarangay?
answer isb)the
a)
thesame if Pedro Reyes is a
Congressmanc) of
because the
municipality?
the Quezon
province?City,
d)
repeal
67 ofof the Omnibus Election
the
city?ofe)Section
the House
Code covers both elective national and local
Representatives?
officials.
SUGGESTED ANSWER:
Election
Offenses;
BribeIX-C
Voters
1)
In accordance
withConspiracy
Section 2(2),toArticle
(1991)
of
the Constitution an election protest involving
No. elective
12: Discuss
the disputable
presumptions
the
position
enumerated
below should
(a) filed
of conspiracy
to bribe
voters
and (b) of the
be
in the following
courts
or tribunals:
involvement
a) Barangay
of a- candidate
Metropolitan
and
Trial
of Court,
his principal
campaign
managers
in such
Municipal
Circuit
Trialconspiracy.
Court, or
SUGGESTED
ANSWER:
Municipal
Trial Court
b) Municipality - Regional Trial Court
(a) Under
Sec, 28
of the Electoral Reforms Law
c) Province
- COMELEC
proof
least one voter in different precincts
d)that
Cityat- COMELEC
representing
least twenty
per VI
cent
e) Under at
Section
17. Article
of of
thethe total
precincts
in any municipality,
cityprotest
or province was
Constitution,
an election
offered, involving
promisedthe
or given
money,
valuable
position
of Member
of the
consideration
Houseor
ofother
Representatives
expenditure shall
by the
berelatives,
filed
leader or
insympathizer
the House ofofRepresentatives
a candidate for the
purposeElectoral
of promoting
Tribunal.
the candidacy of such
candidate, gives rise to a disputable presumption
Expiration
of to
term
bars
service thereof (2000)
of conspiracy
bribe
voters.
(b) Under
28 if the proof
affects
leastand
20%
No
XVI. InSec.
the elections
of May
1992,atCruz
of the precincts
the municipality,
or of
Santos
were theofcandidates
for the city
office
province toMayor,
which the
the term
public
by
Municipal
ofoffice
whichaspired
was to for
expire
theJune
favored
relates,
shallby
constitute
on
30, candidate
1995. Finding
thatthis
he won
a
a disputable
of the involvement
margin
of 20 presumption
votes, the Municipal
Board of of
the
candidate
and
of
his
principal
campaign
Canvassers proclaimed Cruz as the duly elected
managers
in each
the
municipalities
Mayor. Santos
filedofan
election
protest before the
concerned,
in
the
conspiracy.
Regional Trial Court (RTC) which decided that it
was Santos who had the plurality of 30 votes and
Election
Protest
(1990)
proclaimed
him the
winner. On motion made, the
No.
7:
A
filed
a
protest
with thethe
House
RTC granted execution pending
appealElectoral
of
Tribunal
questioning
the(Comelec)
election of
B on
as this
Member
Cruz
to the
COMELEC
and
of theSantos
Houseassumed
of Representatives
in the
basis.
office and served
as 1987
national elections
thethe
ground
that reversed
B is not a
Municipal
Mayor. Inon
time,
Comelec
resident
district
latter ruled
is representing.
the
rulingof
of the RTC
andthe
instead
that Cruz
Whilebythe
case was
B proclaimed
accepted an
won
a margin
of 40pending.
votes and
himadinterim
appointment
Secretary
of the
the
duly elected
MunicipalasMayor.
a) It is now
Department
Justice.
beyond
Juneof30,
1995. Can Cruz still hold office
(1) the
Mayportion
A continue
with he
hishas
election
in
for
of the term
failed protest
to serve?
order (3%)
to determine the real winner in the said
Why?
elections? State your reason.
ANSWER:
SUGGESTED ANSWER;
(1)As
No,
A may
not continue
with his protest.
There
a)
held
in Malaluan
v. COMELEC,
254 SCRA
is no(1996).
dispute
as can
to who
was hold
the winner
in the
the
397
Cruz
no longer
office for
election,ofas
is not
that itsince
was his
B who
portion
theitterm
he disputed
failed to serve
obtained
majority. The purpose of the protest
term
has the
expired.
is simply to seek the removal of B from office on
Petition
to Declare
of Elections;
the ground
that heFailure
is ineligible.
However, B
Requisites
Effects
(1995)
forfeited his &claim
to the
position of congressman
No.
Due to violence
terrorism
attending as
by 6:
accepting
an ad and
interim
appointment
the
castingofofJustice,
votes inthe
a municipality
in Lanao
Secretary
protest against
him has
del
Sur during
8 May will
1995 be
elections,
become
moot.the last
Nothing
gainedit by
became
to hold
therein free,
resolvingimpossible
it. In the case
of Purisima
v. orderly

Pre-Proclamation Contest; Proper Issues


preventedtofrom
prejudice
the casting
filing of their
an election
votes. The
protest.
The COMELEC has exclusive jurisdiction of all
(1996)
COMELECthe
However,
dismissed
proceedings
the pre-proclamation
may continue when on
pre-proclamation
No,
14: 2) Give three
controversies.
issues that(Id.,
cansec.
be properly
241) Its
contest
the
basisonofthe
theground
evidence
thatpresented
all the returns
so far,
appear
the
raised
andbecome
brought executory
in a pre-proclamation
contest.
decisions
after the lapse
of 5
complete and
COMELEC
or untampered.
the Supreme Court determines that
days from receipt by the losing party of the
the petition appears to be meritorious. (Section 16,
SUGGESTED
ANSWER:
DetermineActif No.
Republic
the7166)
COMELEC decided correctly
decision, unless
restrained by the Supreme
2)
According
Section 243 of the Omnibus
and if "B" has any recourse for contesting "A's"
Court.
(Id., sec.to246)
Election Code, the following issues can be
election.
A loser raised.
may still bring an election contest (B)
properly
SUGGESTED
ELECTIONANSWER:
CONTESTS An election protest
1
The the
composition
proceedings
of the board ofis
concerning
election, or
returns,
and qualifications
The
COMELEC
initiated
by filingcorrectly
a protestdismissed
containing"B's"
the PREcanvassers
are illegal;
of the candidate
proclaimed. In the case of elective following
PROCLAMATION
CONTEST. Such a contest is
allegations:
2
The
canvassed
electionmay
returns
are with
incomplete,
The protestant
a candidate
who duly
filed are
a
barangay
officials,
the contest
be filed
the 1.
limited
to claimsisthat
the election
returns
contain
material
to beof
tampered
certificate
candidacy
was voted
for in
the
municipal
trial defects,
courts; approved
in the case
electivewith,
incompleteofor
that theyand
contain
material
defects
or
contain discrepancy
in the
same returns
or in other
municipal
officials, in the
Regional
Trial Court;
in election:
or that they have been tampered with, falsified or
authenticated
copies;provincial and city officials, in 2.
Theunder
protestee
has been
proclaimed;
the case of elective
prepared
duress
or that
they contain
3
The election
returns
were
prepared
duress,
3.
and
The date of the
vs. to the
the COMELEC
(Art. IX,
C, sec.
2(2));
in the under
case of
discrepancies
in proclamation,
the votes (Miro
credited
threats,
or intimidation,
they are
466) of which affects the
Senatorscoercion,
or Congressmen,
in theorSenate
or obviously
House COMELEC,
candidates, 121
the SCRA
difference
manufactured
or not (Art.
authentic;
and 17); and in the result of the election. (Omnibus Election Code,
Electoral Tribunals
VI, sec.
4
or fraudulent
returns
in controverted
have jurisdiction over election
case ofSubstitute
the President
and Vice
President,
in the The
sees.following
243, 234-236)
polling
places
were canvassed,
the results
of4).
which contests:
Presidential
Electoral
Tribunal. (Art.
VII, sec.
On a)
the other
Barangay
hand, the
officials
question
- Inferior
whether
Court;
or not
materially affected the standing of the aggrieved
b) was Municipal
Trialother
candidate or candidates.
there
terrorism,officials
vote -Regional
buying and
Court; in the elections cannot be the
irregularities
SUGGESTED ANSWER:
Pre-Proclamation
Contest
vs.
Election subject
c) of aRegional,
provincial,
and city
pre-proclamation
contest
but officials
must be
1. According
to Section 7, Article IX-A of the 1987
Contests
(1997)
(Sectionprotest.
2(2), Art.
IX-C of
raised inCOMELEC
a regular election
(Sanchez
Constitution,
the COMELEC
shall pre-proclamation
decide by a
No,
17: State
how (a)
v. COMELEC,
the Constitution);
GR. No. 78461; Ponce Enrile v.
MAJORITY VOTE
of allone
its members
or
controversies,
on the
hand, andany
(b)case
election
d)
Congressman
-House& of
COMELEC,
G.R. Nos. 79146
79212, Aug. 12,
matter brought
before
it Inare
Cuainitiated,
vs. COMELEC,
Representatives
Electoral
protests,
on the
other,
heard and
1987; Abes
v. COMELEC,
21Tribunal.
SCRA 1252
156 SCRA582,
finally
resolved. the Supreme Court stated that a
e) ) Since
Senators
- Senate
Electoral
Tribunal.
(1967)
the basis
of "B's"
petition
is that
SUGGESTED
ANSWER:
two-to-one decision
rendered by a Division of the
(Section
Articlebought
VI of the
his followers
had1.been
while others had
(A)
PRE-PROCLAMATION
COMELEC
and a three-to-two CONTROVERSIES
decision
Constitution);
been prevented
from casting their ballots, his
a) Questions
affectingenthe
rendered
by the COMELEC
banccomposition
was valid or remedy
f)
Vice President
is President
to file anand
election
contest and
this
proceedings
of the board
of canvassers
where
only five members
took part
in deciding may should Supreme
Court
(Section
4,
Article
of
be brought in the House or VII
Senate
the case.
be initiated in the board of canvassers or Electoralthe
Constitution).
Tribunal
which, under Art. VI, Sec. 17, is
directly with the COMELEC.
the sole judge of the election, returns and
2. No, his certificate of candidacy cannot be
The
decision ofof members
the inferior
in election
qualifications
of court
each House
of
accepted.
b)
Under
Questions
Sectioninvolving
75 of the Omnibus
the election
contests
Congress.involving barangay officials and of the
Election
returns
Code,
andas
the
a rule
certificates
in casesofofcanvass
postponement
shall
Regional Trial Court in election contests involving
or failure
of election
no additional
certificate
be brought
in the
first instance
beforeofthe
Pre-Proclamation
municipal
officialsContest
are (1988)
appealable to the
candidacy
be accepted.only, (Section 17,
board shall
of canvassers
No. 18: In election
law, what
a pre-proclamation
COMELEC.
(Section
2(2). isArticle
IX-C of the
controversy? The
Where
may ofit the
beCOMELEC
litigated with
Republic Act No, 2166.)
Constitution.)
decision
may
c)
The board of canvassers should rule
finality?
After
been duly
be
brought
to the
the ultimate
Supremewinner
Court has
on certiorari
on
3. No,
will besummarily.
different. Under
Section
on the
theanswer
objections
(Section
20,
proclaimed,ofdoes
loser still
any remedy
questions
law.the(Rivera
vs.have
COMELEC,
199
75 of
the Omnibus
Election
Republic
Act No.
7166.) Code, an additional
to the end
SCRA
178)than he may finally obtain the position
certificate
d)
ofAny
candidacy
party may
adversely
be accepted
affected
in cases
may
he aspired for in the election? Explain.
of postponement
appeal to the
or failure
COMELEC.
of election(Section
if there was
20.
The decision of the COMELEC in election
a substitution
of candidates;
Republic Act
No. 7166.) but the substitute
SUGGESTED
ANSWER:
contests
involving
regional, provincial and city
decision
of endorsed
the Commission
muste)belongThe
to and
must be
by the on
A PRE-PROCLAMATION
refers
officials
may be brought to CONTROVERSY
the Supreme Court
on
same
Election
party. may be brought to the Supreme Court
to any question
or and
affecting
the
certiorari
(Section pertaining
7, Article to
IX-A
Section
on certiorari by the aggrieved party, (Section
proceedings
of the
board
of canvassers which
2(2),
Article IX-C
of the
Constitution.)
Pre-Proclamation
(1987)
7, Article IX-A ofContest
the Constitution.)
may be raised by any candidate or by any
No. VII: "A" and "B" were candidates for
The
decisions
of the
Senate
ElectoralofTribunal
registered
political
party
or coalition
political
representatives in the 1987 National Elections, "B"
and
of the
House
Representatives
parties
before
the ofboard
or directly Electoral
with the
All
controversies
pending
before
filedpre-proclamation
a pre-proclamation
contest with
the
Tribunal
mayorbe
elevated
to the under
Supreme
Court
COMELEC,
any
matter raised
secs.
233the
COMELEC
shall
be deemed
terminated
COMELEC
on the
ground
that rampant
vote at the
on
if there
was Code
gravein abuse
236 certiorari
of the Omnibus
Election
relation ofto
beginning
the termaccompanied
of the office involved
and
buying andofterrorism
the elections.
discretion.
(Lazatin
vs COMELEC
SCRAor
the preparation,
transmission,
receipt,168
custody
the
rulings of
the supplied
board of of
canvassers
shall boughtbe
Particulars
were
"B's" followers
391)
appreciation of the election returns. (Omnibus
deemed
affirmed,
without
off and other
followers
Election Code, sec, 241).

Franchising
certificate
rule,
also
of
Boundary
therunning
inConstitution,
a representative
ofDispute
and
candidacy
for re-election.
Regulatory
theResolution;
Commission
or
democracy,
inBoth
Board
favorwere
of
(LTFRB),
LGU;
on
the
a candidate
official
Audit
people
RTCs
has
for an
should
candidates
the
Jurisdiction
granting
authority
office
bea allowed
certificate
offor
to
(Q10-2005)
the
settle
which
same
freely
of
all
hepublic
political
accounts
to
didchoose
not
convenience
party.
present
pertaining
those
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how
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units
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Recall
(2002)
Local
Manuel
Government
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eligible
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asMacapinlac
b)Mayor
Assuming
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theCode?
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Suppose
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the
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the end(3)
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units
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Municipality
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in
office,
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of Tuba?
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athas
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Macabebe,
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vs.
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SCRA
487,
492,
B.
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c)
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Bayan
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Government
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ismayor
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replace
ofConstitution
State
the {2%}
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proper
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Tuba.
considered
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1987
effective?
specifically
included
requested
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Macapinlac
for any
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body
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jurisdiction
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theMayor
settlement
SUGGESTED
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when
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Explain,
proceedings
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out
ANSWER:
of commercial
Yes,
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municipality
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afreedom
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In
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of
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69
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Its
those
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Government
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44activities
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the Trial
Local
Government
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accumulating
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the
to Code,
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Court
on
ahave
petition
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province,
Regional
general
Stated
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State
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LOSS
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certiorari
power
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aCONFIDENCE.
particular
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territorial
granting
jurisdiction
asaid
certificate
as a
jurisdiction
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to the
level
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individual
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permanent
vacancy
in
it.inof
His
filing
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a
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result
public
of convenience
a
prolonged
to
stay
Macapinlac
the
same
on
office.
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(Mun.
Kananga
v. Madrona,
G.R.
No.
141375,
Under
Section
of for
the the
Local
Government
Code,
can
thus
be
toMayor
have
tacitly
given
its
Certificate
of Candidacy
for
did
grounds:
allow
Manuel
to70deemed
vie
position
ofnot
city
mayor
April
30,
2003)
(1)
of served
due
to
municipality;
and
the
recall
may
be
initiated
bythe
awhen
resolution
adopted
consent
to
beprocess
sued
only
it enters
into
automatically
result
to
being
considered
afterDenial
having
forhis
three
consecutive
terms
as
Boundary
Dispute
Authority;
by
business
a majority
contracts.
all Settlement;
Itobviously
the
does
members
notdefeat
apply
ofwhere
the
resigned
(Sec.
67,ofOmnibus
Election
Code).
a municipal
mayor
would
the
very
(2)
For
of framers
Macapinlac
secure
approval
of
Jurisdiction
(1999)
preparatory
the failure
recall
relates
assembly,
to towhich
the
exercise
consists
ofthis
all
its
intent
ofcontract
the
when
they
wroteof
the
Sangguniang
Bayan
for
him
to
operate
abyferry
No
V
-mayors,
C. What
body
bodies
vested
law
sovereign
functions.
In allowed
this are
case
the
projects
the
vice-mayors,
and
the
exception.
Should
heorbe
another
three
service
inauthority
Macabebe,
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topart
settle
are
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is
sangguniang
members
ofdisputes
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municipalities
and
consecutive
terms
as
mayor
theinvolving:
City of
Tuba,
However,
Yes,
the
vice
according
mayor
can
to
continue
Section
to
run
15
as
of
vice
the
devoted
to
the
defense
of
both
the
United
component
cities,
or
by
a
written
petition
signed
Manuel would then be possibly holding office as
(1)
two
or the
more
towns
within
the
same
province;
Synchronized
mayor.
At
time
Election
that
he
Law
filed
no
his
pre-proclamation
certificate
States
and
the
Philippines,
indisputably
by
at
least
twenty-five
per
cent
(25%)
of
theoftotala
chief
executive
over
the
same
territorial
jurisdiction
(1%)
cases
candidacy,
shall
the
be
vice
allowed
mayor
on
ran
matters
for
the
relating
same
office
to the
function
of
the
government
of
the
highest
number
of registered
the province.
and inhabitants
for a voters
total ofineighteen
consecutive
(2)
two
or
more
highly
urbanized
cities.
(1%)
preparation,
he
was
holding.
transmission,
In
determining
receipt,
whether
custody
a
order;
they
are
not
utilized
for
nor
dedicated
to
years. This is the very scenario sought toand
be
SUGGESTED
ANSWER:
appreciation
candidate
is
running
of
the
for
election
a
position
returns
other
than
or
the
the
commercial
or
business
purposes."
avoided by the Constitution, if not abhorred by it.
According
1.)
Under
Section
Section
118(b)
ofwith
the
Local
of No.
Government
the and
certificates
one
he
is holding
canvass
in a 72
permanent
respect
capacity
toLocal
the
(Latasa
v.to of
COMELEC,
G.R.
154829,
Code,
Government
the
recall
Code,
of
an
boundary
elective
disputes
local
official
involving
shall
positions
should
be of
considered
Vice-President,
it is the office
Senator
he
December
10,President,
2003) resigned,
The
provision
venue
the
contract
not
take
two
effect
or more
upon
municipalities
the
election
and
within
proclamation
thedoes
same
and Member
was
holding
atoffor
the
the
time
House
heinof
filed
Representatives.
his
certificate
ofof
Noa
constitute
a
waiver
of
the
State
Immunity
from
successor
province
shall
in thebe
person
of the
by candidate
the
pre-proclamation
candidacy
should
case
besettled
considered.
are
allowed
There
insangguniang
the
isreceiving
no
case
legal
of
suit,
because
the
waiver
of this
immunity
the
panlalawigan
highest
concerned.
votes
cast
during
barangay
impediment
elections.
tonumber
the express
vice of
mayor
running
as
mayorthe
to
(c)
Assuming
that died
Manuel
not an
can
onlythe
berecall.
made
by a statute.
election
on
replace
vice
mayor
who
underisSection
77
Process;
eligible
Illiterate
candidate,
Voters
rebut
Reyes'
claim
that
he
2.)
Under
Section
118(d)
of(1987)
the
Government
of
the
Omnibus
Election
Code,
ifLocal
a candidate
dies
Three-Term
should
Republic
Limit
us.
proclaimed
Rule
Purisima
(2001)
78
as SCRA
winner
having
474,
No. In
Code,
XII:
boundary
"A",be
while
disputes
of legal
involving
age
and
two
of470,
orsound
more
after
the
last
day
for
filing
certificates
of candidacy,
No
the
received
XIX
-Supreme
Inthethe
next
May
higher
Court
1992
number
ruled:
elections,
of "Apparently
votes.
Manuel
mind,
isurbanized
illiterate.
He
has
asked
your
advice
on
highly
cities
be
settled
by
the
he
may
be
replaced
by
a shall
person
belonging
to his
Judge
was
bythat
the
terms
of
Manalo
and vote
Segundo
were
elected
howrespondent
sangguniang
he party.
can
panlungsod
in the
coming
of
the parties.
election
for hisas
political
However,
itParate
ismisled
required
he
the first
contract
between
the
private
respondent,
Mayor
and
Vice
Mayor,
respectively.
Upon
the
brother,
whowithdraw
is running
mayor.
This
will
be the
should
hisfor
Certificate
of Candidacy
ALTERNATIVE
ANSWER:
plaintiff
in his
sala
defendant
Rice
and
death
of Manalo
as
municipal
mayor,
first
time
"A"
will
vote
and
he hasof
never
for
Vice-Mayor
and
fileincumbent
a and
new
Certificate
Creation
Reyes
cannot
of
New
be
proclaimed
Local
Government
winner
foradvice
receiving
Corn
Administration
which,
according
tomayor
him,
Vice
Mayor
Segundo
Parate
succeeded
asUnits;
registered
as
a voter
before.
What
will
Candidacy
for
Mayor.
Plebiscite
the anticipated
second
Requirement
highest
number
(2004)
votes.
The
the
case
ofofaportion
breach
and
served
for
of of
the
term of
you
give
him
onthe
theremaining
procedure
he
needs
tocontract
follow
NO.
Supreme
VIIInto
- the
Court
MADAKO
has
consistently
is
aelection,
municipality
ruled
that
composed
the
fact
between
parties
and the
suits
that
may
office.
May
1995
Segundo
Parate
in
order
be the
able
to
vote?
SUGGESTED
Vacancy;
ANSWER:
Rule
on
Succession
(2002)
of
that80
a barangays,
plurality
or
a30
majority
west
of
of Madako
the
votes
River
areeffective
cast
and
thereafter
arise.
The
consent,
toserved
be
ran
for
andSB;
won
as
mayor
and
then
for
the
The
No
XV.
Constitution
A thereof.
vacancy
provides
occurred
that
inwestern
until
sangguniang
Congress
for an
ineligible
candidate
at
a the
popular
election,
or
50
though,
east
must
come
The
from
the
State
barangays,
acting
full
term.
In
the
May
199830
elections,
Parate
ran
for
shall
otherwise,
illiterate
and
bayan
thatthrough
ahave
candidate
ofleft
a provided
municipality
is later
when
declared
X,
atomember,
be
died.
feeling
out
a duly
of
enacted
economic
statute
initiatives,
as disqualified
pointed
wish
to
out
reelection
as
Mayor
and
won
again.
In
the
May
disabled
voters
shall
beinto
allowed
tocandidate
vote
X
to did
hold
office,
belong
does
to any
not
entitle
political
party.
who
bynot
Justice
Bengzon
in
Mobil."
constitute
themselves
a the
new
and
separate
2001
election,
Segundo
Parate
filed
hisunder
certificate
existing
laws
and
regulations
(Art, V, Sec.
2). Ittois
garnered
the
second
highest
number
of mayor,
votes
town
to be
called
of
candidacy
for Masigla.
the
same position
of
but
To
up the
vacancy,
the same
provincial
governor
necessary
forelected.
any qualified
votermerely
to register
in inhis
be fill
declared
The
results
his
rival
mayoralty
candidate
sought
ALTERNATIVE
A.
Granting
that
ANSWER:
Masiglas
proponents
order
appointed
to the
vote.
Awinning
upon
(Omnibus
the
recommendation
Election
Code,
of
Sec.
115)to
making
candidate's
election
a the
nullity.
disqualification
alleging
violation
of thesucceed
three-term
In
accordance
with
doctrine
ofwere
exhaustion
sangguniang
secure
the
case
alocal
law
ofpanlalawigan.
in
illiterate
theirthe
favor,
and
disabled
On
would
the
a
other
voters,
plebiscite
hand,
their
be
present
case,
10,000
votes
cast
for
limit
for
elective
officials
provided
for
in of
the
administrative
remedies,
Raintree
Corporation
voter's
necessary
affidavit
orand
not?
may
Ifbeitthe
prepared
is municipal
necessary,
by any
who
relative
should
for
private
the same
respondent
vacancy,
Reyes
as
against
mayor
the
20,000
Constitution
in the
Local
Government
Code.
within
should
the
first
fourth
file
acivil
claim
with
the
consanguinity
Commission
oron
appointed
vote
votes or
cast
participate
B
for
upon
petitioner
thedegree
in
recommendation
Manuel.
the of
plebiscite?
The
second
of the
Discuss
affinity
Audit.
or
If obviously
by
theany
claim
member
is the
denied,
of
the
board
itofshould
election
file in
a
briefly.
placer is
(5%)
not
choice
theofpeople
sangguniang
bayan.
Which
of
these
SUGGESTED
inspectors
shall
petition
this
for who
certiorari
with
the Supreme Court.
appointments
isANSWER:
valid?
(5%)

prepare
SUGGESTED
particular
the
election.
affidavit
ANSWER:
The
in accordance
permanent
withiscase
the
data
in the
A
Decide
plebiscite
whether
is
necessary,
the
disqualification
because vacancy
this
required
will
supplied
As
contested
heldcreation
in
byoffice
Farinas
the (5%)
applicant.
should
Barba,
be
(Id.,
filled
256
sec.
by
SCRA
succession.
127)
396 (1996),
prosper
for
the
or
not.
of
av.new
municipality.
(Section
10,
SUGGESTED
(Labo
v.
COMELEC,
ANSWER:
G.R.
No.
105111,
July
neither
of
the
appointments
is
valid.
Under
Section
Article
X
of
the
1987
Constitution.)
The
voters
of
ARTICLE X Local Government
Process;
The
3,1992)
disqualification
Principle
of
case
Idem
should
Sonans
be
(1994)
dismissed.
45
of
the
Local
Government
Code,
in
case
of
both
Madako
and
Masigla
should
participate
Appointment of Budget Officer; control vs in a
No.
3; 1)
What
is your
understanding
ofBayan
the
As
held
in Borja
vs.
COMELEC,
295 SCRA157
permanent
vacancy
in both
the
Sangguniang
the
plebiscite,
because
are
directly
affected
supervision
(1999)
ALTERNATIVE
ANSWER:
principle
of
idem
sonans
as
applied
in
the
(1996),
in
computing
the
three-term
limitation
created
by
the
cessation
in
office
of
a
member
by
the
creation
of
Masigla.
The
territory
ofof
No V - D. On May 17, 1988, the positionwho
Reyes
could
not
be
proclaimed
as
winner
Election
Law?
imposed
upon
elective
local
officials,
only
the
does
not
belong
to
any
political
party,
the
Governor
Madako
will
be
reduced.
(Tan
v.
COMELEC,
142
Provincial Budget Officer of Province X became
SUGGESTED
ANSWER:
because
he
did
not
election.
To
allow
the
term
for
which
he win
wasthe
elected
to the
should
be
shall
appoint
aCastahon,
qualified
person
recommended
by
SCRA
727
[1986).
vacant.
Pedro
governor
of
province,
1)
Under
Rule
No.
7
of
the
rules
for
the
defeated
candidate
to
take
over
the
Mayoralty
considered.
The
term
which
he
served
as
a
the
Sangguniang
Bayan.
Since
A
was
not
pursuant to Sec. 1 of E.O. No. 112, submitted the
appreciation
of byballots
in the
Section
211
ofisItthe
despite
his
rejection
by
electorate
result
of of
succession
should
not
be
included.
isto
recommended
the
Sangguniang
Bayan,
his
De
Facto
Public
Corporations;
Effect
(2004)
names
three
nominees
for
the
aforesaid
Omnibus
Election
Code,
the
idem
sonans
rule
disenfranchise
the
electorate
without
any
fault
on
not
enough
that
the
official
has
served
three
appointment
by
the
Governor
is
not
valid.
Since
NO.
VII
MADAKO
is
a
municipality
composed
of
position to the Department
of
BudgetB
means
that
a
name
or
surname
incorrectly
written
their
part
and
to
undermine
the
importance
consecutive
terms.
He
must
have
been
elected
was
not
appointed
by
the
Governor
but
byand
the
80
barangays,
30
west
of
Madako
River
and
50
Management (DBM), one of whom was that
of
which,
when
read,
has
a
sound
similar
to
the
meaning
of
democracy
and
the
people's
right
to
the
same
position
three
consecutive
times.
Municipal
Mayor,
his
appointment
is
also
not
valid.
east
The 30 Awestern
feelingto
Martathereof.
Mahonhon.
monthbarangays,
later, Castahon
name
a
candidate
when
correctly
electoutor
officials
ofofthat
their
choice.
v.
left
ofsurname
economic
initiatives,
wish
to(Benito
constitute
informed
the
DBM
Mahonhon
had
assumed
Three-Term
Limit;
from
Municipality
to
Newlywritten
shall
be
counted
in
his
favor.
COMELEC,
G.R.
No.
106053,
August
17,
1994)
themselves
a new
separate that
townshe
to be
the office ofinto
PBO
andand
requested
be
ALTERNATIVE
ANSWERS:
Created
City
(Q9-2005)
called
Masigla.
A
law is passed
creatingThe
Masigla
extended
the appropriate
appointment.
DBM
a)
2.
Manuel
was
sonans
elected
literally
Mayor
means
of Kalayon
the
Municipality
thelaw.
same
or
of
and
aIdem
plebiscite
isCommission
made
in favor
of the
ARTICLE
IX
on
Secretary
appointed
Josefa
instead.
similar
Tuba
in
sound.
the
elections
This
principle
of
1992,
is
1995
made
and
manifest
1998.
He
in
Castahon
protested
the appointment
of Kalayon
Audit
COA;
Jurisdiction
(2001) Acting
Vacancy;
of
Vice-Mayor
As
one
fully
served
of the
his
rules
first
for
two
the
terms,
appreciation
and right
during
of
ballots
third
insisting
thatEffect
it is
he
who
had
the
to his
choose
Mayor
(2002)
embodied
term,
the
in
municipality
the
Omnibus
was
Election
converted
Code
into
(Sec.
the
B.
Suppose
one year
after Masigla
was
the
PBO
by that
submitting
the names
ofwas
his then
three
No
VIII
-Suppose
The
Philippine
National
Bank
No
XIV.
A,
a
Municipal
Mayor,
went
on
211,
component
BP
881)
City
stating
of
that
Tuba.
"A
name
The
said
or
surname
charter
constituted
as aKalayon
municipality,
the one
law creating
itThe
is
nominees
was not
ofbanks
them.and
one
of leave
the and
leading
government-owned
a
sick
to
undergo
medical
treatment
for
a
incorrectly
provided
written
for
a
which
holdover
when
read,
and
has
so
a
without
sound
voided
because
of
defects.
Would
that
invalidate
DBM
thataudit
nonejurisdiction
of the governor's
itinterregnum
wascountered
the
ofas the
period
of
four
(4)
months.
During
that
time
similar
tounder
the
Manuel
name
went
surname
on
to
ofserve
a municipal
candidate
the
the
acts
of
the
municipality
and/or
its
nominees
have
the or
necessary
qualifications
for
Commission
on
Audit
(COA).
A
few
years
ago,
it
A.
Will
B,
the
Municipal
Vice-Mayor,
be
when
Mayor
correctly
of
the
City
written
of
Tuba.
shall
be
counted
in
his
officers?
Explain
briefly. (5%)
the
position.
Specifically,
Mahonhon lacked the
was
privatized.
performing
executive
functions?
Why?inHence,
(2%)
favor.
Thus,
if ANSWER:
the name
spelled
the ballot,
SUGGESTED
five-year
experience
in as
budgeting.
the
In
B.
the
2001
Will
elections,
B
at
the
Manuel
same
filed
time
his
be
certificate
also
though
different
from
the
correct
spelling
thereof,
Although
the
municipality
cannotbut
be to
considered
DBM
was
lefteffect,
with
no
alternative
name
one
What
is
the
if
any,
of
the
privatization
of
of
performing
candidacy
legislative
forcorporation,
City Mayor.
functions
He disclosed,
asthere
presiding
though,
conveys
the
ears
when
pronounced
according
as
a possesses
de to
facto
because
is noin
who
all
the
requisite
qualifications
PNB
on
the
audit
Jurisdiction
of
the
COA?
(5%)
that
officer
he
of
had
the
already
Sangguniang
served
Bayan?
for
three
Why?
consecutive
(3%)
to
the
commonly
accepted
methods,
a
sound
valid
law
under
which
it
was
created,
the
acts
of
the
person of Kalayon.
It cited Section 6.0 of the
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
terms
as elected
Mayor
when
Tuba
wasnot
stillbea
practically
Identical
with
the
sound
of
the
correct
the
municipality
and
of
its
officers
will
DBM
Local Budget
Circular
No.
31 which Airlines
states,
In
accordance
with
the
rulingMayor
in
A.
Since
the
Municipal
iscertificate
temporarily
municipality.
He
also
stated
in Philippine
his
name
as commonly
pronounced,
the
name
thus
invalidated,
because
the
existence
the
lawof
"The
DBM
reserves
the
right
to fill
up of
any
existing
vs.
Commission
on
Audit,
245
SCRA
39,(1995),
incapacitated
to
perform
his
duties,
in
accordance
candidacy
he operative
is designation
runningfact
for before
the
position
of
given
is where
sufficient
of the
creating
ita that
is
an
itperson
was
vacancy
none
of
the nominees
of the
local
since
the
Philippine
National
is
longer
with
Section
46(a)
of the
Local
Government
Code,
Mayor
forto.
the
first question
time
now
thatBank
Tubathe
is ano
city.
referred
The
whether
one
name
is
declared
unconstitutional.
Hence,
previous
chief
executive
meet thetheCommission
prescribed
owned
by
thewith
Government,
on
the
Municipal
Vice-Mayor
shall
exercise
his
idem
sonans
another
is
not
a
question
of
acts
of
the
municipality
and
its
officers
should
be
requirements."
Audit
noand
longer
has
jurisdiction
to functions.
audit
it asThe
an
powers
perform
his
duties
and
spelling
but
pronunciation.
(Mandac
v.
given
effect
asofa matter
of fairness
and
justice.
(a)
Was
the
DBM's
appointment
valid?
(2%)
institution.
Under
Section
2(2),
Article
IX-D
of
the
Reyes,
an
ran
against
Manuel
and
Municipal
Vice-Mayor
will
performing
Samonte,
49adversary,
Phil.
284).
Its
application
is executive
aimed
at
(Municipality
ofMalabang
v.be
Benito,
27
SCRA
533
(b)
What
can
you
say
regarding
the
aboveConstitution,
it he
is government-owned
orwhich
controlled
petitioned
that
disqualified
because
he is
had
functions,
because
the
ofBudget
the
Municipal
realizingSection
the
objective
offunctions
every
election
to
[1969]
quoted
6.0be
of
DBM's
Local
corporations
and
their
subsidiaries
which
are
already
served
for
three
consecutive
terms
as
Mayor
are
executive.
obtain
the
expression
of
the
voters
will.
Circular
No.
31? Explain
your
answers. (2%)
subject
to audit
by was
the
Commission
on upon,
Audit.
Mayor.
The
petition
not
timely acted
Devolution
of
Power
(1999)
SUGGESTED
ANSWER:
However,
in
accordance
with
Section
2(1),
Article
and
Manuel
was
proclaimed
with
Define
devolution
with
respect
to the
localwinner
government
D.
(a)of
Under
Section
1 the
of Executive
Order
No.
IX-D
the Constitution,
Commission
on Audit
B.
The
Municipal
Vice-Mayor
cannot
continue
as
20,000
votes
over
the
10,000
votes
received
by
units.
112,
the
Provincial
Budget
Officer
must
be
can
audit
the
Philippine
National
Bank
with
respect
b)
The
term
means
sounding
the
same
or
nearly
presiding
officer
of
the
Sangguniang
Bayan
while
Reyes
as
the
only
other
candidate.
It
was
only
SUGGESTED
ANSWER:
recommended
by
the
Governor.
Since
Josefa
to
its
accounts
because
the
Government
still
has
alike.
The
rule
based
onand
theby
Idea
that
the
he
is Manuel
acting
Municipal
Mayor.
In
accordance
with
after
took
his
oath
assumed
office
Section
17(e)
ofisrecommended
the
Local
Government
Code
Kalayon
was
not
the Governor,
equity
in
it.
misspelling
of a is
name
or
lack
of
skill
in
writing
Gamboa
v. Aguirre,
310
SCRA
867
(1999),
under
that
the COMELEC
ruled
that
he
was
disqualified
defines
devolution
asvalid.
the
act
by
which
the
her appointment
not
As
held
in
San
Juan
should
not
be
taken
as
a
ground
for
rejecting
the
the
Local
Government
Code,
the
Vice-Municipal
for
having
ran
and
served
for
three
consecutive
National
Government
confers
power
and
authority
v. Civil Service Commission, 196 SCRA 69, if the
votes
apparently
for aGovernor
candidate,
so
Mayor
was
deprived
of
the
to
preside
terms.
(5%)
upon
the
variousintended
local
government
units
to
person
recommended
by power
the
isover
not
COA;
Money
Claims
(1998)
long
as
the
intention
of
the
voter
appears
to
be
the
Sangguniang
Bayan
and
is
no
longer
a
perform
specific
functions
and
responsibilities.
qualified,
whatDepartment
the Secretary
of Budget
and
No
I. -The
of
National
Defense
(a)
As
lawyer
of
Manuel,
present
clear.
Supreme
Court
has
ruled
that
theto
member
ofThe
it.
The
temporary
vacancy
in the
office
Management
should
do
is
to
ask
him
entered
into
a contract
with
Raintree
Corporation
possible
arguments
to
prevent
his
principle
of someone
idem
sonans
is eligible.
liberally
construed.
of
the
Municipal
Mayor
creates
a corresponding
recommend
who
is
for
the
supply
of
ponchos
to
the
Armed
Forces of
disqualification
and
removal.
Corpuz
v. Ibay,
84 approval
Phil.
184
(1949).
temporary
vacancy
in the
Office
of the
Municipal
Franchise;
prior
of LGU
necessary
the
Philippines
(AFP),
that, in the
event
Vice-Mayor
when
he stipulating
acts as No.
Municipal
(1988)
(b)
DBM Local
Budget
Circular
31proper
is notMayor.
valid,
of
breach,
action
may
be
filed
in
the
courts
SUGGESTED
ANSWER:
This
inability
on Executive
his
to
preside
No.
9:constitutes
Pampanga
has part
several
barrios
since
itMacabebe,
is inconsistent
with
Order
No.
in
Manila.
Process;
As
lawyer
Stray
of
Manuel,
Ballot
I
would
(1994)
argue
that
he
should
over
the
sessions
of
the
Sangguniang
Bayan.
along
the
Pampanga
river.
To
service
the
needs
112, which requires that the appointee
for
No.
not
be
3; 2)
disqualified
What
is aOfficer
and
"stray
ballot"?
because
heby
was
of
their
residents
theremoved
municipality
has
been
Provincial
Budget
be
recommended
the
Suppose
themayor
AFP offails
to pay forofdelivered
SUGGESTED
ANSWER:
a
three-term
municipality
Tuba,
operating
a(Under
ferry
service
at
the
same river,
for ait
Governor.
the the
Local
Government
Code,
ponchos,
where
must
Raintree
Corporation
file
2)
Vacancy;
Under
Rule
Rule
No.
of
Succession
19
of
the
rules
(1995)
for
the
and,
with
its
conversion
to
a
component
city,
the
number
of
years
already.
is
now Why?
the local
chief executive who is
its
claim?
[
10%]
appreciation
No.
7:has
TheaVice
of appoint
ballots
Mayor
in
of Section
abudget
municipality
211
of filed
the his
latter
totally
separate
and different
empowered
to
the
officer).
SUGGESTED
ANSWER:
Omnibus Election
certificate
of
for
stray
the
same
is
office
one
in
cast
the
corporate
personality
thatballot
of the
municipality.
Sometime
in candidacy
1987,Code,
thefrom
municipality
was
served
Raintree
Corporation
must
fileMayor
itsfiled
claim
in copy
last
favor
elections.
a
who
has
not
was
a with the
Moreover,
asperson
aThe Municipal
a
ofofan
order
from
the
Land
Tansportation
Commission on Audit, Under Section 2(1) IX-D

themofinto
Johnny
the
hitsubdivisions.
local
a jeepney.
chief executive
Two
After
passengers
acquiring
by two-thirds
aoflot
theofvote
jeepney
around
of all15
were
itshectares
members.
killed. in Cabanatuan City, he
caused the preparation of a subdivision plan for
(2) Under
Section
55[a]
of the
The
the
property.
Sangguniang
Before
Bayan
he was
passed
able
to
anLocal
submit
ordinance
the
Governmentplan
Code,
the Bureau
local
chief
executive
appropriating
subdivision
P300,000
to the
as compensation
of Lands
and/or
formay
vetoheirs
an
ordinance
on the1)ground
that
it is ULTRA
Land
Registration
Commission
verification
the
of the victims.
Is thefor
municipality
VIRESfor
orthe
PREJUDICIAL
TO
THE that
PUBLIC
and/or
approval,
he was of
informed
must
liable
negligence
Johnny?
2) he
Is the
WELFARE.
first
present
the plan valid?
to the City Engineer who
municipal
ordinance
would determine whether the zoning ordinance of
(3) Pursuant
to Section
54(b)
the
Local
the
Cabanatuan
City had
beenofobserved.
He was
SUGGESTED
ANSWER:
Government
Code,
an ordinance
vetoed
surprised
when
he was
asked to pay
the by
citythe
2)
local
The
chief
ordinance
executive
appropriating
shall
beP0.30
deemed
P300,000.00
if
government
a service
fee of
perapproved
square for
the
he does
heirs
of communicate
the
victims
hisJohnny
veto toisthe
void.
local
meter
of not
land,
covered
byofhis
subdivision
plan.This
He
legislative
assembly
withinwhen
15public
days
infunds
the that
case
amounts
to
appropriating
fora ofa
was
even more
surprised
informed
a province
and 10
daysimprisonment
in
the case
a city
a
private
purpose.
Under
Section
335offor
of
the
Local
fine
of P200.00
and/or
not or
municipality.
if the
veto
by been
the local
Government
exceeding
sixLikewise,
Code,
monthsno
or
both,
public
have
money
shall
fixed be
in
executive
hasfor
been
overridden
by thethereof.
local
appropriated
the
ordinance
as
private
penalty
purposes.
for violation
legislativethat
assembly,
second veto
will behe
void.
Believing
the cityaordinance
is illegal,
filed
ALTERNATIVE
ANSWER;
Under
Section
55(c)
of the
Localthe
Government
suit
to nullify
the
same.
Decide
case with
Upon
foregoing
the an
municipal
Code, the
the local
chief considerations,
executive may veto
reasons.
ordinance only
is nullonce.
and void for being ultra vires. The
SUGGESTED
municipality notANSWER:
being liable to pay compensation
The
ordinance
and void.
Villacortaisv.utterly
to the
heirs of is
thenull
victims,
the In
ordinance
Police Power;
LLDA
(1995)
Bernardo,
143 SCRA
(1986)
devoid
of legal
basis. 480
It would
in the
factSupreme
constitute an
No. 9:held
The
Municipality
of
Binangonan,
Court
that
a municipalofordinance
cannot
illegal
use
or
expenditure
public
funds
whichRizal,
is a
passed aaoffense.
resolution
the
operation
of an
amend
national
lawauthorizing
inisthe
guise
ofordinance
implementing
criminal
What
more,
the
does
Resolve
the
points
the
petition
open
garbage
dumpsite
in ain9-actually
hectare
land with
in the
it.
In meet
this
case,
the
conflicts
not
onetwo
of requirement
the requisites
for
validity
of
reasons.
Reyes
within
the
Municipality's
territorial
with
sec.Estate
44ordinances,
of Act
No. 496
latter
municipal
ie.,because
that it the
must
be in
SUGGESTED
ANSWER:
limits.not
Some
concerned
does
require
subdivision
plans
toofbeBinangonan
submitted
consonance
with
certainresidents
well-established
and
The
petition
for
certiorari
should
be
granted,
filed
a
complaint
with
the
Laguna
Lake
to
the City
Engineer
they can
be submitted
basic
principles
of abefore
substantive
nature,
to wit:
it
1.
As
a
party
directly
affected
byby,
thethe
operation
of the
Development
Authority
(LLDA)
toor
stoplaw,
for
approval
to,
and
verification
Land
does
not
contravene
the Constitution
the
it
the
ferryunfair
service,
the
Municipality
of
operation
of Commission
the
due It
tothe
itsMacabebe,
harmful
effects
Registration
and/or
Bureau
of
is
not
ordumpsite
oppressive.
is
not partial
or
Pampanga
was
entitled
to
be
directly
notified
by
on the health ofItthe
LLDA
conducted
Lands.
discriminatory.
is residents.
consistentThe
with
public
policy,
the
an LTFRB
on-site
investigation, monitoring, testing and
and
it is not....
unreasonable.
Ordinances;
Validity;
Gambling
water sampling
and found
that theProhibition
dumpsite would
2.
(1995)
It
has
been
held
that
where
ferry
operation
contaminate Laguna de Bay aand
the
surrounding
Ordinance;
Validity;
Local
Taxation
Special
lies
No.
entirely
4: 2.ofPAGCOR
within
the
decided
municipality,
to operate
the vs.
a
prior
casino
in
areas
the Municipality.
The
LLDA
also
approval
Assessment
Tacloban
of
City
the
(1987)
under
Municipal
government
of P.D. clearance
No.
is 1869. Itwas
discovered
that
no authority
environmental
necessary.
1987
No.
V:
Once
State
approved,
or
operator
not
following
must
leased
a by
portion
of
awhether
buildingthe
belonging
to
Ellen of
secured
the
Municipality
from
thethe
Department
then
city
ordinances
apply
with
the
are
LTFRB
valid
for
anda certificate
give
of in
McGuire
renovated
and
equipped
it in reasons
preparation
Environment
and
Natural
Resources
(DENR)
and
public
convenience
andby
shall
subject
to therefore
support
of as
yourrequired
answers:
for
inauguration.
The
Sangguniang
Panlungsod
the its
LLDA
law.beThe
LLDA
LTFRB
supervision,
(Municipality
of Echague
v. a
of
Tacloban
City
enacted
anmunicipal
ordinance
prohibiting
issued
to
the
Binangonan
government
(b)
An and
ordinance
on business
establishments
to
Abellera,
supra).
the
operation
of casinos
in stop
the City
and
providing
cease
desist
order
to
the
operation
of the
raise
funds
the construction
and maintenance
penalty
for The
itsforviolation.
Ellen of
McGuire
and filed a
dumpsite.
Municipality
Binangonan
Law
fixing
the
of
localof
officials
of
roads
in
private
subdivisions,
which
roads
are
PAGCOR
assailed
the
validity
the
ordinance
in
case
to annul
theterms
order
issued
byelective
the
LLDA.
(Q4-2006)
open
for
use
by segments
of the
theissue?
public Discuss
who may
court.
How
would
you resolve
State business
whether inside
or notthe
thesubdivision.
law is constitutional.
have
fully.
SUGGESTED
(1) Can briefly.
the Municipality
ANSWER:of Binangonan invoke
Explain
3.
SUGGESTED
The
police
ordinance
power
A lawtoANSWER:
fixing
should
prevent
the
beitsdeclared
terms
residents
of invalid.
local
and the
elective
As held
(b)
Thefrom
ordinance
isbarangay
valid.
The
charge
on
in
LLDA
Magtajas
interfering
vs.than
Pryce
with
Properties
the officials,
operation
Corporation.
the
Inc.,
officials,
other
toof6the
years.
business
is notExplain.
a taxcontravenes
but a
234
dumpsite
SCRAestablishments
by255.
the such
Municipality?
an ordinance
(2%)
SUGGESTED
SPECIAL
ASSESSMENT.
ANSWER:
Hence,
theauthorizes
holding in
Presidential
Decree
No. 1869,
which
The
Pascual
(2) Can
law the
is
v. invalid.
Secretary
LLDA
justify
Under
of Public
its
Article
order
Works,
X,bySection
asserting
110 Phil.
8 of
the
Philippine
Amusement
and
Gaming
the
331
that1987
(1960),
the health
Constitution,
that
ofpublic
the residents
"the
funds
term
cannot
will
of be
office
be
adversely
ofterritorial
Corporation
to operate
casinos
within
the
elective
appropriated
affected.local
Explain.
officials,
construction
except barangay
of roads
in a
Jurisdiction
offor
thethe
Philippines,
because
itofficials,
prevents
which
private
shall
subdivision,
be determined
does
byapply.
law, shall
As
be
three
in
the
said
corporation
from not
exercising
theheld
power
years andPrefect
Apostolic
no itsuch
official
City Treasurer
serve
of
for more71City.
conferred
on
to v.
operate
ashall
casino
in Baguio,
Tacloban
than three
Phil.
547 (1941),
consecutive
specialterms."
assessments
The lawmay
clearly
The

power
goes
be
charged
against
of Tacloban
tothe
property
aforesaid
City owners
to suppress
constitutional
benefited
gambling
by public
requirement
works,
and
prohibited
because
of games
three
the essential
year
of chance
terms
difference
for
excludes
localbetween
officials
of
except
a
chance
tax and
for
permitted
such
barangay
assessment
by officials.
law. Implied
is precisely
repealsthat
arethe
not
latter is based
favored.
(Bascowholly
v. PAGCOR)
on benefits received.
Ordinance; Use & Lease of Properties; Public
Ordinances;
Use (1997) Validity; Limitation of Penalties
No. 9: Dueiftothe
However,
over-crowding
ordinance in
levies
the public
a taxmarket
on all
(1991)
No.
10: The
municipality
oflocated
Alcoy,
Cebu,
in Paco,
business
Manila,
establishments
the City Council
passed
outside
anpassed
the
ordinance
private
Ordinance
subdivision,
allowing
No. 10,
the
then
series
lease
it is to
objectionable
ofvendors
1991, ofrequiring
parts
on the
owners,
administrators,
or tenants
of
buildings
of the streets
ground
that
itwhere
appropriate
the public
private
marketfunds
is located,
for a
provided
public
and
premises
purpose.
that theto(Pascual
lessees
keep pay
and
v. Secretary
tomaintain
the city ofthem
Public
in
sanitary
condition,
they meter
fail to of
dothe
so,
government
Works,
supra)
a fee ofand
P50should
per square
area occupied
cause
them tobybethecleared
lessees.
and
Thekept
residents
in sanitary
in
Ordinance;
Preventing
condition
andValidity;
the cost
thereof
beImmorality
assessed
the area complained
to the
Mayortothat
the
lease
(1987)
of the public
against
the owner,
streetsadministrator
would cause or
serious
tenant,
traffic
as the
(c)
Anmay
ordinance
prohibiting
barbershop
operators
case
which
shall
constitute
a lien
problems
tobe,
them.
Thecost
Mayor
cancelled
the
lease
from
rendering
massage
service
to
their
and ordered
against
the property.
the removal
It further
of the penalizes
stalls constructed
violation
customers
separate
room.
thereof
withinaa Was
fine
not
One Thousand
on the streets.
the exceeding
act
of the Mayor
legal?
SUGGESTED
ANSWER:
Pesos
(P1,000.00)
or imprisonment for one (1)
SUGGESTED
(c)
Theatordinance
is valid.ofIn Velasco
v, Villegas,
year
the ANSWER:
discretion
the court.
Is the
The SCRA
cancellation
of thesuch
leaseordinance
and the removal
of
120
658 (1983)
was upheld
ordinance
valid?
SUGGESTED
ANSWER:
the the
on
stalls
ground
are valid.
thatAs
it is
held
a means
in Macasiano
of enabling
vs. the
The
ordinance
is
valid
insofar
asfor
it operating
requires
Diokno,
SCRA
the
lease
public
City
of 212
Manila
to 464,
collect
a feeof
owners,
tenants
offor
buildings
streets is administrators,
massage
void,
clinics
since
and
they
ofor
are
preventing
reserved
immorality
public
and
premises
to keep
and maintain
them the
in
use and
are outside
the commerce
man.
which
might
be
committed
by ofallowing
sanitary
condition
and provides
should
they
construction
of separate
rooms inthat
barber
shops.
fail to do so, the municipality shall cause them to
Ordinance;
or Lease
of
be
cleaned Validity;
and theClosure
cost shall
be assessed
Properties
Ordinance;
for
Validity;
Public
Use
Utilization
(2003)
&
Development;
against the owner, administrator, or tenant and
No
- AnWealth
resident
the City ofThis is
National
shallXI be
aaggrieved
lien (1991)
against
theofproperty.
No.
5;
The
province
of
Palawan
Manila
filed
mandamus
proceedings
thean
expressly authorized by Sec. 149(kk)against
ofpasses
the Local
ordinance
requiring
all
owners/operators
of
city
mayor
and
the
city
engineer
to
compel
these
Government Code.
fishing
thatthe
fishmarket
in waters
officialsvessels
to remove
stallssurrounding
from certainthe
However,
penalty
fordesignated
the(10%)
violation
of net
the
province
tothe
invest
ten had
percent
of
city streets
which
they
as their
flea
ordinance
is operations
invalid,
because
it in
isstreets
excessive.
profits
from
therein
any enterprise
markets.
Portions
of the
said city
were The
penalty
this caseby
is the
a fine
not exceeding
P1,000
located
in licensed
Palawan.
leased or
respondent
officials
to
or
imprisonment
forby
one
year,
the ordinance.
discretion of
market
stallholders
virtue
of in
a city
NARCO
Fishing
Corp.,
with
the
court.
Under
Sec.a Filipino
149 (c)corporation
of the Local
Decide
the
dispute.
FIRSToffice
ALTERNATIVE
ANSWER:
head
inCode,
Navotas,
Metro Manila,
challenges
Government
however,
the penalty
for the
The petition
granted.
In accordance
the
ordinance
as be
unconstitutional.
the
violation
of ashould
municipal
ordinance
canDecide
not exceed
withfine
Macasiano
v. Diokno.
SCRA 464 [1992],
case.
a
of P1,000.00
or 212
Imprisonment
for six
SUGGESTED
ANSWER:
since public
streets
arediscretion
propertiesoffor
months,
or both
at the
thepublic
court.use
The
ordinance
is commerce
invalid. The
ordinance
and are
outside the
of man,
the Citywas
apparently
pursuant cannot
to Article
X, Sec.
Mayor and enacted
the City Engineer
lease
or 7 of
Ordinances;
Veto
Power
(1996)
the
Constitution,
entitles
local
governments
license
portions
ofwhich
the
city
streets
to market
(1)
Howequitable
does the local
assembly of the
to
an
sharelegislative
in the proceeds
stallholders.
SECONDthe
override
ALTERNATIVE
veto
by the local
ANSWER:
of an
utilization
and
development
ofchief
the executive
national wealth
The petition
ordinance?
should be areas.
denied.However,
Under Section
within
their respective
this should
(2)
On
what
grounds
a local
chief
21(d)of
thepursuant
Local
Government
city
may to
be
made
tocan
law.
ACode,
law
isa executive
needed
veto
an ordinance?
by ordinance
temporarily
streetgovernment
so that a
implement
this
provision close
and aa local
(3)
canmay
an ordinance
vetoed
local
chief
fleaHow
market
be
established.
cannot
constitute
itself
unto
a law.byInathe
absence
executive
become
a law
being
of a law the
ordinance
in without
questionit is
invalid.
Ordinance;byValidity;
Tortuous Act
overridden
the localCompensation;
legislative assembly?
of an Employee (1994)
No. 6; Johnny was
employed
as a driver
by Laws
the
Ordinances;
SUGGESTED
Validity;
ANSWER:
Amending
Natl
Municipality
of Calumpit,
While
driving
(1)
Under Sections
54 (a)Bulacan.
and 55 (c)
of the
Local
(1988)
recklessly
municipal
truck
withdeveloper.
its
load of
No.
4: Josea Y.
Sabater
is
a real
estate
Government
Code,
thedump
local
legislative
assembly
sand
for the repair
of municipal
streets,
He
acquires
raw
lands
and converts
can
override
the veto

express statutory basis would violate the


doctrine of separation of powers.
(2) The city council does not have the power to
cite for contempt. There is likewise no provision in
the Constitution, the Local Government Code, or
any other laws granting local legislative bodies the
power to cite for contempt. Such power cannot be
deemed implied in the delegation of legislative
power to local legislative bodies, for the existence
of such power poses a potential derogation of
individual rights.
Power; Eminent Domain; LGU; Right to
Exercise (Q10-2005)
The Sangguniang Bayan of the Municipality of
Santa, Ilocos Sur passed Resolution No. 1
authorizing its Mayor to initiate a petition for the
expropriation of a lot owned by Christina as site
for its municipal sports center. This was approved
by the Mayor. However, the Sangguniang
Panlalawigan of Ilocos Sur disapproved the
Resolution as there might still be other available
lots in Santa for a sports center.
Nonetheless, the Municipality of Santa, through its
Mayor, filed a complaint for eminent domain.
Christina opposed this on the following grounds: (a)
the Municipality of Santa has no power to
expropriate; (b) Resolution No. 1 has been voided
since the Sangguniang Panlalawigan disapproved
it for being arbitrary; and (c) the Municipality of
Santa has other and better lots for that purpose.
Resolve the case with reasons. (5%)
SUGGESTED ANSWER:
Under Section 19 of R.A. No. 7160, the power of
eminent domain is explicitly granted to the
municipality, but must be exercised through an
ordinance rather than through a resolution.
(Municipality ofParanaque v. V.M. Realty Corp.,
G.R. No. 127820, July 20, 1998)
The Sangguniang Panlalawigan of Ilocos Sur was
without the authority to disapprove Resolution No.
1 as the municipality clearly has the power to
exercise the right of eminent domain and its
Sangguniang Bayan the capacity to promulgate
said resolution. The only ground upon which a
provincial board may declare any municipal
resolution, ordinance or order invalid is when such
resolution, ordinance or order is beyond the
SUGGESTED
ANSWER:
powers
conferred
upon the council or president
1. No, the
cannot
making
theMunicipality
same. SuchofisBinangonan
not the situation
in this
invoke(Moday
its police
power. According to Laguna
case.
v. Court

of
Lake
Appeals,
Development
G.R. No.
Authority
107916,vs.
February
Court of20,
Appeals,
1997)
231 SCRA 292, under Republic Act No, 4850, the
Laguna Lake Development Authority is mandated
The
to promote
question
the development
of whether of there
the Laguna
is genuine
Lake
area, including
the
surroundingof
Province
of Rizal,
necessity
for the
expropriation
Christina's
lot or
with due the
regard
to the prevention
pollution.
whether
municipality
has otherofand
better The
lots
Laguna
Lake Development
mandated
for
the purpose
is a matterAuthority
that willishave
to be
to pass upon
disapprove
all
resolved
by and
the approve
Court or
upon
presentation
of
projects proposed
by local
government
offices
evidence
by the parties
to the
case.
within the region.
Powers of Barangay Assembly (2003)
Can a Barangay Assembly exercise any police
2. Yes, the Laguna Lake Development Authority
power?
SUGGESTED
ANSWER:
can justify its order.
Since it has been authorized
No,
the Barangay
Assembly
cannot
exercise
any
by Executive
Order
No. 927
to make
orders
police
power.
Under Section
398 of the
Local
requiring
the discontinuance
of pollution,
its power
Government
can be
onlyinferred
recommend
the
to issue theCode,
order it can
from tothis.
Sangguniang
Barangay
the adoption
ofMoreover,
measures
Otherwise, it will
be a toothless
agency.
for
welfare Lake
of the Development
barangay and decide
on the
the the
Laguna
Authority
is
adoption
of an
initiative.under its Charter to issue
specifically
authorized
cease and desist orders.
Powers;
Power toLiga
Issue
ngSubpoena
mga Barangay
& Cite(2003)
For Contempt
Can
(1993)the Liga ng mga Barangay exercise
No 6: Mayor
Alfredo Lim closed the funhouses in
legislative
powers?
SUGGESTED
ANSWER:
the Ermita district
suspected of being fronts for
The
Liga ng
Mga Barangay
cannot
exercise
prostitution.
To determine
the feasibility
of putting
legislative
powers.
As district,
stated the
in city
Bito-Onon
up a legalized
red light
council v.
Fernandez.
350
SCRA
732
[2001],
it is notofa the
local
conducted an
inquiry
and
invited
operators
government
unit
and
its
primary
purpose
is
closed funhouses to get their views. No one to
determine
mga issued
in the
honored therepresentation
Invitation. Theofcitythe
council
sanggunians;
ventilate,the
articulate,
and crystallize
subpoenas toto compel
attendance
of the
issues
affecting
government
operators but
which were barangay
completely disregarded.
administration;
and to secure
solutionsguilty
for them
The council declared
the operators
of
through
and legal
means.
contemptproper
and issued
warrants
for their arrest.
Requisites;
The operators
Contracts
come to
Involving
you for LGU
legal(1991)
advice,
The
Municipality
ofquestions:
Sibonga, Cebu, wishes to
asking
the following
enter into a contract involving expenditure of
(1) Is the
council
empowered
issue requisites
public
funds.
What
are the tolegal
subpoenas
(2)
Does thetocouncil
compelhave
theirthe
attendance?
power to cite for
therefor?
SUGGESTED
contempt?
ANSWER:
SUGGESTED
The
following ANSWER:
are the legal requisites for the
(1) The city
is not
issue
validity
of acouncil
contract
to empowered
be entered to
into
by the
subpoenas to of
compel
the attendance
of the the
Municipality
Sibonga,
which involves
operators of of
thepublic
fun-houses
expenditure
funds: In the Ermita district.
(1)
Theiscontract
must in
bethe
within
the powerthe
of the
There
no provision
Constitution,
Local
municipality;
Government Code, or any law expressly granting
(2)
The
contractbodies
must be
by the
local
legislative
theentered
power into
to subpoena
proper
officer,
i.e., the
mayor, Oriental
upon resolution
of
witnesses.
As held
in Negros
II Electric
the
Sangguniang
pursuant toPanlungsod
Section 142of
Cooperative,
Inc. Bayan
vs. Sangguniang
of
the Local Government
Code;
Dumaguete,
155 SCRA 421,
such power cannot
be implied from the grant of delegated legislated
(3)
In accordance
with
Sec. 606 To
of the
Revised
power.
Such power
is Judicial.
allow
local
Administrative
Code,
there must
bepower
an without
legislative bodies
to exercise
such
appropriation of the public funds; and in
accordance with Sec. 607, there must be a

Discipline;
certificate
shallEffect
beofclosed
availability
of Pardon
without
ofindemnifying
Granted
funds issued
in Favor
any
by
Alcantara
not liable for
cannot
real estate
reassume
tax onoffice
the property
as member of
of Public
the municipal
person
Officers
prejudiced
treasurer;
(1999) thereby.
and A property thus
the
belonging
Sangguniang
to the government
Bayan. As which
held in
it occupy.
Sangguniang
(4) Thewithdrawn
contract must
from public
conform
usewith
maythe
be used
formalor
However,
234 ofv.theCourt
Localof
Government
Bayan
of Section
San Andres
Appeals, 284
No IV - C. A City Assistant Treasurer was
requisites
conveyed
of written
forcontracts
any purpose
prescribed
for which
by other
law.
Code subsequently
withdrew the
exemption
from to
SCRA
276 (1998), Alcantara
should
be deemed
convicted of Estafa through falsification of public
real property belonging to the local unit
real property
taxeshis
of government-owned
or of the
have
abandoned
position as member
document. While serving sentence, he was
concerned might be lawfully used or
controlled corporations.
If Iintention
were thetoJudge,
I
Sangguniang
Bayan. His
abandon
his
granted absolute pardon by the President.
Requisites;
Contracts involving LGU (1995)
conveyed."
would hold
National
Development
position
is the
shown
by his
failure to Company
perform his
1
positionunder
of Assistant
No. 4: 1.Assuming
What arethat
the the
conditions
which aCity function
liable for as
realmember
estate taxes.
of the Sangguniang Bayan,
Treasurer
remained
would
heinbeit entitled
In
Favis
v.has
City
Baguio,
27 SCRA
1060,
was tohis failure to collect the salary for the position, his
local
executive
may
entervacant,
into
a contract
a
reinstatement
without
the
need
of aclose
new a street
held
that
thegovernment
City
of Baguio
could
Taxation;
(1999)
behalf
of his
unit?
SUGGESTED
failure
to Sources
object of
to Revenue
the appointment
of his
appointment?
and
lease it Explain.
since it (2%)
had become patrimonial
No V -Under the
are any
the three
ANSWER:
replacement,
andConstitution,
his failure towhat
initiate
act to
2
If later
the
same
position
vacant,
1. The following
are
theinconditions
under
which
a
property.
Likewise,
Cebubecomes
Oxygen
and
main sources
of revenues
local government
reassume
his post
after the of
reorganization
of the
could
reapply
and
reappointed?
Explain.
(2%)
local he
executive
may be
enter
into a contract
in
Acetylene
Company,
Inc.
a Berceles,
66 SCRA
units? (2%) Bayan was voided.
Sangguniang
SUGGESTED ANSWER:
behalfit of
theheld
government
until:of Cebu could close
481,
was
that the City
(1)street
The local
government
unit must have the
The following are the main sources of revenues of
a
and sell
it thereafter.
power to enter into the particular contract;
Alcantara
effectedunits
hisunder
intention
by his letter of
local government
the Constitution:
Section
22(c) of the
(2) Pursuant
Since thetoCity
of Dagupan
hasLocal
the power to
resignation, his assumption of office as member of
Government
thereprawn
must be
a prior
convert
the Code,
park into
ponds
it can also
1 Sangguniang
Taxes, fees,Panlalawigan,
and charges. (Section
5,
the
his discharge
of
authorization
byeven
the sangguniang
concerned,
and a his
Article
X) as its member, and his receipt of the
lease
it to XYZ
though XYZ is
a 100%foreign
duties
legible copy of
theoperation
contract shall
postedhatchery
at a
2
Share
the national taxes. (Section 6,
corporation.
The
of abeprawn
salary
for
suchinpost.
conspicuous
placeexploitation
in the provincial
capitol
or the
Article X)
does
not involve
of natural
resources
city, municipal
or barangay
hall. 2 and 3, Article XII
Alcantara
cannot
deemedof to
lost his
3
Share
in thebeproceeds
thehave
utilizations
within
the meaning
of Sections
office
and development
as memberofofthe
thenational
Sangguniang
wealth within
Bayan by
of the 1987 Constitution. (Secretary of Justice,
(3) InNo.
accordance
with
Sections
46
and
47,park
resignation.
their areas. (Section
Under 7,Section
Article X}
82 of the Local
Op.
3, s. 1988)
Since
the portion
of the
Chapter
Subtitle B. from
Book public
V of the
1987
Government Code, the resignation should be
had
been8, withdrawn
use,
it could be
Administrative
Code,
if the
contract
Involvesleasing
the
Withdrawal toof the
Public
Property from
Public
submitted
Sangguniang
Bayan.
He
disposed
for any
lawful
purpose
including
expenditure
of
public
funds,
there
must
be
an
Use
(1990)
submitted
it
to
the
Mayor
instead,
and
the
it to a foreign corporation.
appropriation therefore and a certificate of
No. 8: XYZ,was
a corporation
organized under the
resignation
not accepted.
availability of funds by the treasurer of the local
laws of Hongkong, with 100% foreign equity,
government unit.
Discipline;
Clemency;
Doctrineand
of Condonation
obtained from
the Securities
Exchange
(4)
The
contract
must
conform
with
the
formal
(2000)
Commission
a
license
to
operate
a prawn
ARTICLE XI Accountability of
requisites of written contracts prescribed by law.
No
VI.
A
provincial
governor
duly
elected
to from
office
hatchery project on a piece of land leased
Public Officers
was
charged
with
disloyalty
and
suspended
the City of Dagupan. The land was formerlyfrom
a
(5) Pursuant to Section 2068 of the Revised
office
pending
the outcome
park and
plaza belonging
to the ofCitythe
andformal
was
Abandonment
of Office
(2000) is a party to a
Administrative Code,
if a province
investigation
against
The
converted by ofthethe
Citycharges
to derive
much him.
needed
No
VII. Alcantara
barangay
contract
conveying was
title toelected
real property,
the chairman Secretary
of Interior and Local Governments
funds.
and
latermust
president
of the by
Association
of Barangay
contract
be approved
the President.
Under found
(1) Mayhim
the guilty
City of as
Dagupan
lawfully
convert the
charged
and removed
him
Councils
in
his
municipality.
In
that
capacity,
he was from
Section 2196 of the Revised Administrative Code,
park to
prawn
leasebefore
the same?
office.
Heponds
filed aand
petition
the Supreme
appointed
by the
President
as member
of the Court
if a municipality
is a party
to a contract
conveying
Explain
your answer.
questioning
his removal. While the case was
Sangguniang
Bayan
of
his
municipality.
Later,
real property or any Interest in it or creating a lien the pending
(2) May the
City of
and
XYZ corporation
before
theDagupan
Supreme
Court,
he filed his
Secretary
of Interior
Local Governments
upon it, the contract
must and
be approved
by the
validly enterofintocandidacy
the lease contract
prawn of
certificate
for thefor the
position
appointed
Alcantara as member of the Sanggunlang Governor
provincial governor.
ponds? Answer
withand
reasons.
and won,
was proclaimed Governor.
Panlalawigan of their province to meet a He
SUGGESTED
ANSWER:
claims his
reelection to the position of
reorganizational contingency, and Mendoza took his Governor
(1) Yes, the
City
of Dagupan
may lawfully
convert
has
rendered
the pending
administrative
place
in the
Sangguniang
Bayan.
then case
Taxation;
GOCC
Liability For
Real Alcantara
Estate Tax
the park
into prawn
them. AIscity
against
him ponds
moot and lease
academic.
he
wrote
(1999)a letter of resignation from the Sangguniang correct?
may close
a park
Explain.
(5%)and plaza and once the
Bayan
the Mayor
municipality,
No VI -addressed
C.
Theto Province
of ofX the
required
the
property has been withdrawn from public use, it
ceased
functioning
as
member
thereof
and
National Development Company to payassumed
real
SUGGESTED
falls within theANSWER:
commerce of man and may be
office
performed
his functions
as member
of the Yes,
the Section
re-election
governor
rendered
estateand
taxes
on the land
being occupied
by NDC
leased.
10ofofthethe
Local has
Government
Sanggunlang
Panlalawigan.
pending
administrative case against him moot.
and the latter argued
that sinceLater,
it is a the the
Code
provides:
reorganization
of the
Sangguniang
Panlalawigan
"A localingovernment
unit
may likewise,
As explained
Aguinaldo v.
Santos,
212 SCRA
government-owned
corporation,
its properties
are
and
the
appointment
of
Mendoza
were
voided.
through
head
acting pursuant
to a be
a its
local
elective
official cannot
exempt from real estate taxes. If you were
theCan 768 (1992),
Alcantara
office as
member
of the removedresolution
of itsfor
sanggunian
and committed
in
from office
misconduct
Judge, howreassume
would you decide
the case?
Reason
Sangguniang
Bayan or has he lost it because of during his
accordance
existing
law each
and the
previous with
term,
because
term is
out. (2%)
resignation?
abandonment?
SUGGESTED
ANSWER: Explain. (5%)
this Code,
close any him are
separateprovisions
and the of
people
by re-electing
In National Development Company v. Cebu City,
municipal,
city or provincial
deemedbarangay,
to have forgiven
his misconduct.
215 SCRA 382, the Supreme Court held that the
road, street, alley park or square. No such
SUGGESTED
ANSWER:
National Development
Company was
way or place or any part thereof

nominees
suspension
before
the or
Regional
from
transferees,
office
Trialunder
Court
shallRepublic
(RTC)
not bewhich
barred
Act 3019
by
b)
Section
B. AVE
Can cannot
13
he of
claim
the
collect
Anti-Graft
salary
salaries
forand
the
and
Corrupt
period
allowances
Practices
that his
decided
it was
Santos
hadrespondent
the plurality is
refers tothatany
prescription.
office
thatwho
the
Act,
fromwhich
the
is not a appeal?
penalty
for the
but
first
a preventive
two
years of his
case
wasgovernment
pending
Why?
(2%)
of
30 votesholding
and proclaimed
him the winner.
Onone
presently
and not necessarily
to the
measure.
term, because
SinceinSection
the meanwhile
13 of theBART
Anti-Graft
collected
and
SUGGESTED ANSWER;
motion
made,
RTC
execution
pending
Corruption
the salariesPractices
and allowances.
Act doesBART
not state
was that
a dethe
which he
hold the
when
hegranted
committed
the crime
with
Impeachment;
Cronyism
(2000)
the
appeal
to the This
COMELEC
(Comelec)
a)
Alfonso
cannot
claim
any
salary
for
the
public
facto
officer
officerBeit
while
must
he
bewas
suspended
in possession
only
inof
the
the
office
which
he of
is Cruz
charged.
was the
ruling in
and
on this
basis. Santos assumed
office
period
of allow
preventive
suspension
during
where
office. To
he
ishis
alleged
AVE to have
collect
committed
the salaries
the
and
acts the
Deloso
v. Sandiganbayan
173 SCRA
409.and
No II. Is cronyism a legal ground for the
served as Municipal Mayor. In time, the Comelec
pendency
which
allowances
he has
ofwillbeen
the
result
investigation.
charged,
in making
it applies
the
As government
held
to any
in Gloria
impeachment
the President?
Explain.
(5%)
(2) Yes, F canofvalidly
object to the
duration
of the
reversed the ruling of the RTC and instead ruled
vs.
office
pay a
Court
which
second
ofhetime.
Appeals,
may(Mechem,
be holding.
306 A
SCRA
Treatise
287on(1997),
the
suspension. In Deloso u. Sandiganbayan, 173
SUGGESTED
ANSWER:
that Cruz won by
a margin of 40 votes and
Law of Section
Public Offices
Officers, Law,
[1890]the
under
52 of and
the Public
Civil Service
SCRA 409, it was held that the imposition of
proclaimed him the duly elected Municipal Mayor.
pp. 222-223.)
provision
for payment of salaries during the period
Yes,
cronyism
is a forlegal
ground period
for the
Elective and Appointive Officials: disciplinary
preventive
suspension
an indefinite
of
of preventive suspension during the pendency of
impeachment
of the President.
Under
Section
2,
authority (2004) 2004 (3-b) CTD, a Commissioner
time is unreasonable
and violates
the right
of the
BARTinvestigation
is not requiredhas
to refund
the government
the
been to deleted.
The
a)
Article
It is
XIto
now
ofdue
the
beyond
Constitution,
June
30,
betrayal
1995.who
Can
ofelected
Cruz
public
of the National Labor Relations Commission
accused
process.
The
people
the salaries suspension
and allowances
received.
As a de
preventive
washenot
a penalty.
Its
trust
is one
of to
the
grounds
forof
Impeachment.
This
still
office
foroffice
the
portion
the
term heofhas
(NLRC), sports a No. 10 car plate. A disgruntled
the hold
governor
would
be
deprived
his
facto officer,
is entitled
the authorized
salaries and
imposition
washelawful,
since itto was
by
failed
refers
to
to serve?
violation
of the(3%)
oath
of office
litigant filed a complaint against him for violation of
services
for an Why?
indefinite
period,
andand
his includes
right to
allowances because he rendered services during
law.
cronyism
involves
unduly Moreover,
favoring a crony
the Anti-Graft and Corrupt Practices Act before the
hold officewhich
would
be nullified.
since
SUGGESTED
b)
Was SantosANSWER:
a usurper and should he pay
his incumbency. (Rodriguez v. Tan, 91 Phil. 724
to
the Section
prejudice42ofofpublic
interest,
(Record
the
Ombudsman. CTD now seeks to enjoin the
under
the Civil
Service
Decreeof the
back what he has received while holding the
119520.
C. 1.) As of
held
in Monsanto
Factoran,
b) If the penalty
was modified
becausealleging
Alfonso
Constitutional
Commission,
Vol. v.
II, p.
272)
Ombudsman
in a petition
for prohibition,
duration
preventive
suspension
should170
be
office as Municipal Mayor? Why? (2%)
SCRA 190,
pardon(90)
merely
frees
the protection
individual
Beit he
was
exonerated
of the charge
was the
that
could
be investigated
only by that
the Supreme
limited
to ninety
days,
equal
The bills which BART alone authored and were
from allSUGGESTED
the
and legal disabilities
basis under
for theitsdecision
his dismissal,
Court
power ofordering
supervision
granted in he
the
demands
that penalties
the ANSWER;
duration
Impeachment;
Grounds
(1999) of preventive
approved by the House of Representatives are
imposed upon
him because
of his conviction.
It
is entitled to He
back
wages,that
otherwise,
this
would
Constitution.
contends
under
the
law
suspension
under
the
Anti-Graft
and
Corrupt
a) Cruz can no longer hold office for the portion
valid because he was a de facto officer during
No
-What
are
thehim
grounds
for impeachment.
doesXVnot
restore
to the
public
office
be tantamount
to punishing
himrank
afterofexoneration
creating
the NLRC,
he has the
a Justice of
Practices
Act
also
limited
ninety
(90)
days.
of the term
hehefailed
to
servetosince
his
term
has
his incumbency. The acts of a de facto officer are
Explain.
(2%)by reason of the conviction.
relinquished
fromCourt
the ofcharge
which
caused tohis
dismissal.
the
Appeals,
and
entitled
the
expired.
valid insofar as the public is concerned. (People
[Gloria vs. Court
of Appeals,
3O6
SCRA
corresponding
privileges.
Hence,
the
OMB
has287
no
SUGGESTED
FIRST
ANSWER:
ALTERNATIVE
ANSWER:
Discipline;
Preventive
Suspension
(2002)
v. Garcia, 313 SCRA 279 [19990.
b) Santos was not a usurper. He was a de facto
(1997)]. If over
he was
reprimanded
for him.
the Should
same
jurisdiction
the complaint
against
2.) The
Under
Assistant
City
Article
Treasurer
XI formerly
ofofthe
can
Constitution,
reapply
No
II. Section
Simeon
Valera
a Provincial
officer,
since
he2,
had
awas
color
election
to and
the
chargepetition
which be
was
the basis
of the Reason
decision
CTD's
granted
or dismissed?
the
grounds
fortoran
impeachment
are
be appointed
theand
po