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Question No. 1: AA filed a case in which he questioned the constitutionality of Republic Act
B
No. 9522, which defined the archipelagic baselines of the Philippines. He contended that

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the laws excluded the Kalayaan Islands and its Scarborough Shoals from the Philippine

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archipelago baseline, declared them as a regime of lands, and thereby reduced the territory
of the Philippines. Is he right?

Answer R
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No. 1: No. The UNCLOS has nothing to do with the acquisition or loss of

a economic
territory.
a
It merely regulated sea-use rights over zones, contiguous zones,

h Islands and the Scarborough Shoals as B

exclusive zones, and continental schelves. The inclusion of the Kalayaan

C have violated the UNCLOS III, whichesprovides part of the Philippine Archipelago would

not depart appreciably from thelgeneral configuration of the archipelago and the
that the drawing of baselines should

o
length of the baselines should b not excede 100 nautical miles for 30% of the
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baselines. (Magallona vs. Ermita, 655 SCRA 476)

a n a r
B its constitutionality
Question No. 2: The Food and Drug Authority included in the Essential Drug List a

Cith s
pharmaceutical preparation which prevents ovulation. AA questioned
on the ground that
e
violated Section 12, Article II of the Constitution.
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Is he right?

Answer No. 2: The Constitution protects the b

osperm of the ovum. It does not prohibit
life of the inborn from conception.

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Human life begins upon fertilization by the

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the prevention of the union of the sperm and the ovum. (Imbong vs. Ochoa, Jr., 721
SCRA 146)
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C h s
penalty imposed upon him was one degree higher than the penalty in e
Question No. 3: AA was convicted under the Cybercrime Prevention Law for libel. The

Code. He argued that the imposition of the higher penalty violatedb l theprotection.
equal
Revised Penal
Is he
right?
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Answer No. 3: No. There is a substantial distinction
a n which is valid basis for the
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more victims and causes greater harm. (Disini h vs. Secretary of Justice, 716 SCRAs B
higher penalty. In a cybercrime, the offender often evades identification, reaches

237)
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Question No. 4: Two police officers flagged down AA for driving a motorcycle b
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wearing a helmet. They asked him to go with them to their sub-station. While a traffic o without

police officers asked him to take out the contents of his pocket. AA
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citation ticket was being filled up, AA kept getting something from his pocket. One of the
apulled out a metal
container. The police officer asked him to open it. The metal contained
C h sachets of shabu.

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AA was charged with illegal possession of shabu. The lawyer of AA argued that the
warrantless seizure of the shabu was invalid. The prosecution argued that it was valid
under the stop-and-frisk rule. Decide.

Answer No. 4: The search does not qualify under it. It is a limited protective search

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of outer clothing for self-protection of law enforcers. (Luz vs. People, 667 SCRA 44)

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Question No. 5: AA posted a statement on Facebook that BB, a provincial governor, had
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been receiving bribes. CC, who received it, decided to share it to twenty of his friends. BB
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filed a criminal case for libel against AA and CC. The lawyer of CC moved that the case
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against him be dismissed. Should the motion be granted?
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R for libel. Since CC merely shared the statement with others, he cannot
Answer No. 5: Yes. Only AA, the original author of the statement, should be
n
prosecuted
beaheld liable. Because of the unique culturea
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h B who shared the statement. This is in
of cyberspace, the inclusion of CC in the

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case would have a chilling effect upon those
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of freedom of expression. This makes the law overbroad. (Disini vs.

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Secretary of Justice, 716 SCRA 237)

Question No. 6: Bishop AA placed o

Rlisted the names of all the candidates for public office who
beside his church, which was adjoining the national

received money from the Disbursement Acceleration Program. BB, r

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highway, a huge tarpaulin which
a a one of the candidates
B of election
C h
who was named, filed a case with the Commission on Elections
s
to order its removal,
because it favored his opponents and its size
allowed by the Commission on Elections. Decide.
exceeded
l ethe size propaganda

Answer No. 6: The size of the tarpaulino

b
makes it easier for people to view the
message. Every expression of a citizen
degree of protection. The tarpaulinn
R with political consequences enjoys a high

anotwascovered a r
not posted in return for any consideration

h vs. Commission on Elections, G.R. B

from any candidate or party. It is by the regulation of the Commission

C
on Elections. (Diocese of Bacolod
e s No. 205728,

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January 21, 2015)

Question No. 7: A telephone company applied for authorization

o b from the National
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Telecommunications Commission to lay a cable under the sea for transmission of signals. A
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group of fishermen opposed on the ground that it would adversely affect the fishes in the
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area. A marine biology expert gave an opinion that this was a new field and there in no
definitive proof of harm to the fishes. Can a Writ of h
s
Kalikasan be issued?
C e
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Answer No. 7: Yes. In accordance with the precautionary principle, taking action l
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before the risk becomes known is the more prudent approach to environmental
protection. (Rules of Procedure for Environmental Cases, p. 46)
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n
a legislative district
Question No. 8: The Public Works Act appropriated specific funds for each city and
municipality. A provision in it authorized the congressman under whose
C h
the city or the municipality falls to suggest the projects to be funded and required that the

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suggestion be justified by supporting documents. AA, a taxpayer in one of the cities,

questioned the constitutionality of the provision. How should the case be decided?

Answer No. 8: The provision is unconstitutional. It violates the separation of

powers, because the enforcement of the appropriation is a function assigned to the

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Executive Department. Upon approval of the law, the law-making role of Congress

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ends. (Belgica vs. Ochoa, Jr., 710 SCRA 1)
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Question No. 9: The General Appropriation Act appropriated P500 billion pesos for
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emergencies. The General Appropriation Act authorized the President to augment an item
in the appropriation in the Executive Department from savings. The President approved

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the transfer of P50 billion pesos of the unobligated allotments in appropriation for
emergencies to augment the appropriation for schoolhouses. Is the augmentation valid?

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Answer No. 9: No. Unobligated allotments cannot be declared as savings unless the

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purpose has been completed or finally abandoned, they arose from unpaid
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compensation for vacant positions and leaves without pay, or the required services
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were delivered at a lesser cost because of efficiencies. (Araullo vs. Aquino III, 728
SCRA 1)

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Question No. 10: A law was passed providing that any civil registrar who refuses to issue a
a
marriage license to persons who belong to the same sex shall be imprisoned for six years.
B
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The Civil Registrar General was authorized to issue implementing rules and regulations.

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AA, a civil registrar, questioned the constitutionality of the law in the Supreme Court by

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filing a petition for certiorari and prohibition, because it is against his religion to have
something to do with a same sex marriage. The Solicitor General moved to dismiss the case

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on the ground that a facial challenge could not be made since the law does not involve
freedom of expression and the Civil Registrar General was not performing judicial or quasi-

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judicial functions. Should the motion be granted?
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h VIII of the Constitution has expandedB
C Court, the Supreme Court can etakes cognizance
Answer No. 10: Section 1, Article the scope of
the judicial power of the Supreme
b l and even if the
the case since it involves alleged violation of freedom of religion
of

Aquino III, 728 SCRA 1)

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respondent is not performing judicial or quasi-judicial functions. (Araullo vs.

a n a r
h of complete documents to decide a B
Question No. 11: The National Internal Revenue Code granted the Commissioner of

from receipt of the denial of the claim ors

Internal Revenue 120 days from the date of submission
claim for refund. The taxpayer is given 30 daysC
l e
10, 2003, BIR Ruling No. DA-489-03 stated that a taxpayer need not wait for the b
the expiration of the period to decide to appeal to the Court of Tax Appeals. On December

the 120-day period before appealing. AA filed on April 10, 2003 a claim o
lapse of

R Court
for refund.

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Thirteen days afterwards, he appealed to the Court of Tax Appeals. The Supreme
a not be applied
ruled that the 120-day waiting period is jurisdictional. AA argued that in accordance with
the operative fact doctrine, the ruling of the Supreme Court should
retroactively. Is he right?
C h

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Answer No. 11: The operative fact doctrine applies only to legislative laws and
executive issuances. A mere administrative practice cannot give rise to application
of the operative fact doctrine. (Commissions of Internal Revenue vs. San Roque
Power Corporation, 707 SCRA 66)

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Question No. 12: AA was elected for two consecutive terms as member of the provincial

B a
board coming from the second legislative district of a province with four legislative
districts. In a reapportionment law, the second legislative district became the third
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legislative district and retained eight of the ten municipalities of the second district. AA ran
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again as member of the provincial board coming from the third legislative district and was
elected. In the immediately following election, he filed his certificate of candidacy as

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member of the provincial board coming from the third legislative district. His opponent
filed a petition for his disqualification.

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Answer No. 12: The legislative district which elected AA as member of the

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provincial board for three consecutive terms was the same. He is disqualified to run
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again because of the three-term limit. (Naval vs. Commission on Elections, 729
l
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SCRA 299)

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Question No. 13: A province filed a case to expropriate the land of AA for a highway. The

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decision in favor of the province became final. The lawyer of AA filed a motion for the
a
issuance of a writ of execution to enforce the decision. Should the motion be granted?
B
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13: No. The Commission on Audit has s
Answer No.
due from the Government and any of its e subsidiaries, agencies and
jurisdiction to settle all claims
lCommission
instrumentalities. AA should file a claim withb the on Audit for payment
oSCRA 378)
of the judgment. (Rallos vs. City of Cebu, 704
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Question No. 14: AA hired a lawyer to n petition for temporary protection r
a fileandatheir a
B from
orders,
because her husband was subjecting her
h children to physical violence.
s
As the

Punong Barangay. The petition C

petition was still being drafted, the lawyer applied for a barangay protection order the
e
grant of the power to the Barangay Chairman was unconstitutional,lbecause it granted
was granted. The lawyer of the husband argued that the

judicial power. Decide.

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Answer No. 14: The mere fact that the Punong Barangay has to inquire into the
existence of facts to determine what his official a a r
consistent with his duty to enforce the B
conduct shall be does not constitute
exercise of judicial power. His assistance ish
laws and maintain peace and order. (Garcia C vs. Drilon, 699 SCRA 352) e s
Question No. 15: The Secretary of Justice resigned. The President appointed the b
l
General as acting Secretary of Justice. He denied a petition for review filed by o
Solicitor

R an accused,

The accused argued that the denial of his petition for review was invalid
a nas the Solicitor
who appealed the resolution of the City Prosecutor finding a prima facie case against him.

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General could not hold the two positions concurrently. Is he right?

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Answer No. 15: No. The Solicitor General was a de facto officer. He was acting
under the color of authority because of his appointment. (Funa vs. Agra, 691 SCRA
198)

Question No. 16: The National Development Company dismissed AA for dishonesty. AA

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appealed to the Civil Service Commission. The Civil Service Commission acquitted him.

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The National Development appealed to the Court of Appeals, AA moved to dismiss the
appeal on the ground that it had no standing to appeal. Is he right?

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Answer No. 16: No. The party adversely affected by the decision has the right to
appeal. The National Development Company is the party adversely affected. It was

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SCRA 141)
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the one who prosecuted the case. (Light Rail Transit Authority vs. Soldao, 726

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Question No. 17: AA, a natural-born Filipino citizen, immigrated to the United States and

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became a naturalized American citizen. He decided to return to the Philippines and settle
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here permanently. He repatriated and decided to run for congressman in the city where he
l
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had been residing for two years. AA, his opponent, filed a petition for his disqualification.

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BB contended that since AA had to perform an act to reacquire Filipino citizenship, he was
not a natural-born Filipino citizen. Decide.

a n a
Answer No. 17: Repatriation results in recovery of the original rnationality. Since he
h B(Bengzon
was originally a natural-born Filipino citizen, his repatriation restored him to his
C
Representatives Electoral Tribunal, 357 SCRA 545)e
former status as a natural-born Filipino s
citizen. vs. House of

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Question No. 18: AA was born in the United States.
R
while his mother was a Filipino citizen. He would
oalways
His father was an American citizen
use an American passport when
he would travel. In 2000, he settled in the n
a his allegiance to the United States a
Philippines permanently. After two years, rbeforehe
h
decided to run for congressman. He renounced
B
C used an American passport, he was
filing his certificate of candidacy. BB,
s
his opponent, filed a petition for his disqualification
e
on the ground that since he always
citizen. Decide.
b l not a Filipino

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Answer No. 18: AA is qualified. He possessed dual citizenship.
n of his American citizenship. ar
American passport when he was still an American citizen, he simply exercised his
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rights as an American citizen before the termination
(Mercado vs. Manzano, 307 SCRA 630)
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l ethe
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Question No. 19: AA was convicted of murder. After serving six years of his sentence,

to the Local Government Code. BB, his opponent, filed a petition to disqualifyo
President issued an order pardoning him. AA decided to run for municipal mayor pursuant

Rstill in force.
him on the
ground that the accessory penalty of perpetual absolute disqualification was
Decide.
a n
C h

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Answer No. 19: Since the pardon did not expressly include the accessory penalty of
perpetual absolute disqualification, it is not deemed included in the pardon.
(Jalosjos vs. Commission on Elections, 698 SCRA 792)

Question No. 20: AA Party nominated BB as its official candidate for city mayor. A

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registered voter of the city filed a petition to deny due course or to cancel his certificate of

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candidacy, because he was not a resident of the city. The Commission on Elections
cancelled his certificate of candidacy because of his lack of residence. AA Party submitted
s
the name of CC as its substitute candidate. The Commission on Elections refused to accept
e
it. Is it right?
b l
R o
Answer No. 20: Yes. Since BB was disqualified, he was not a valid candidate. Since
he was not qualified to run, he could not be substituted. (Aratea vs. Commission on

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Elections, 683 SCRA 105)

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