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Executive & Administrative Assignment

[Advance Assignment for July 30 & Aug. 1, 2018]

July 30, 2018


a) Read: Article VII, 1987 Constitution (pages 820-945, Bernas 2009 ed.)
b) Read: 2016 Constitutional Law 1 Syllabus [pages 100-152]
c) Read Article VIII, Proposed Federal Constitution
d) Read the following cases:
 Can executive privilege be invoked over closed-door meetings of CTRM whose two
members are not cabinet members?
Sereno vs. Committee on Trade and Related Matters, G.R. No. 175210, Feb. 1, 2016
 Which court or tribunal has jurisdiction over challenges on qualification of candidates for
President and Vice-President: the Comelec or the Presidential Electoral Tribunal?
Grace Poe vs. Comelec, GR. No. 221697, 221698-700, March 8, 2016
 Did the designation of Agra as the Acting Secretary of Justice, concurrently with his
position of Acting Solicitor General, violate the constitutional prohibition against dual or
multiple offices for the Members of the Cabinet and their deputies and assistants?
Funa vs. Agra, G.R. No. 191644, Feb. 19, 2013
 Did petitioners' appointments violate Section 15, Article VII of the 1987 Constitution?
 What are the four (4) concurring requisites for a valid appointment?
 Is acceptance to an appointment necessary to its validity? Is EO 2 constitutional?
Garafil vs. Office of the President, G.R. No. 203372, June 16, 2015
 Being the appointing authority and under the doctrine of implication, can the President
remove the Deputy Ombudsman and the Special Prosecutor? 
Gonzales vs. Office of the President, G.R. No. 196231, Sept. 4, 2012
Gonzales vs. Office of the President, G.R. No. 196231, Jan. 28, 2014 (MR)
 Did the approval of the ASTOA by the DOTC Secretary fall under the doctrine of qualified
political agency?
Baraquel vs. TRB, G.R. No. 181293, Feb. 23, 2015
 Under the “alter ego” or qualified political agency doctrine, was the act of DOE through
Secretary Perez in signing the service contract deemed the act of the President?
Resident Marine Mammals vs. Reyes, G.R. No. 180771, Apr. 21, 2015
 Is the faithful execution clause a grant of separate power to the President?
Saguisag vs. Ochoa, G.R. No. 212426 & 212444, Jan. 12, 2016
 Are Articles 36 and 41 of the Revised Penal Code unconstitutional for “limiting” the
pardoning power of the President?
Vidal vs. Estrada, G.R. No. 206666, Jan. 21, 2015
 Can the President enter into an executive agreement, instead of a treaty, insofar as
binding the Philippines to the EDCA?
Saguisag vs. Ochoa, G.R. No. 212426 & 212444, Jan. 12, 2016
 Did the President comply with the “faithful execution clause” when she conferred the
Order of National Artists to those not recommended by the NCCA and the CCP Boards?
National Artists vs. Exec. Sec., G.R. 189028, July 16, 2013
 Did the approval of the ASTOA by the DOTC Secretary fall under the doctrine of qualified
political agency?
Baraquel vs. TRB, G.R. No. 181293, Feb. 23, 2015
 Under the “alter ego” or qualified political agency doctrine, was the act of DOE through
Secretary Perez in signing the service contract deemed the act of the President?
Resident Marine Mammals vs. Reyes, G.R. No. 180771, Apr. 21, 2015
 Is the faithful execution clause a grant of separate power to the President?
Saguisag vs. Ochoa, G.R. No. 212426 & 212444, Jan. 12, 2016
 Can the pardoning power of the President be limited by legislative action? Are Art. 36 and
41 of the RPC unconstitutional for “limiting” the pardoning power of the President?
Vidal vs. Estrada, G.R. No. 206666, Jan. 21, 2015
 Is the power to declare martial law a shared power of the President with Congress? Must
Supreme Court allow Congress to exercise its own review powers first, before exercising its
own review powers? Is Supreme Court divested of its jurisdiction the lapse of the 30-day?
Fortun vs. Arroyo, G.R. No. 190293, March 20, 2012
e) Digest the following cases [due on July 30, 2018]
 If the President committed grave abuse of discretion, can he be named as respondent in
a petition for certiorari?
Aguinaldo vs. Aquino, G.R. No. 224302, Nov. 29, 2016
 Does the Secretary of Justice have jurisdiction to resolve the legal dispute between PSALM
and NPC?
 Can the President's constitutional power of control over all the executive departments,
bureaus and offices be curtailed or diminished by law?
PSALM vs. CIR, G.R. No. 198146, Aug. 8, 2017
 Can the President enter into an executive agreement, instead of a treaty, insofar as
binding the Philippines to the EDCA?
 How does the Constitution limit the foreign relations power of the President?
Saguisag vs. Ochoa, G.R. No. 212426 & 212444, Jan. 12, 2016
 Was the President's ratification, without Senate concurrence, of the Madrid Protocol valid
and constitutional?
IPAP vs. Ochoa, G .R. No. 204605, July 19, 2016
 Whether or not the petitions are the "appropriate proceeding" under the Constitution?
 Is the power of this Court to review the sufficiency of the factual basis of the proclamation
of martial law or the suspension of the privilege of the WHC independent of the actual
actions taken by Congress?
 Whether or not the exercise of judicial review by this Court involves the calibration of
graduated powers granted the President as Commander-in-Chief?
 Whether or not there is sufficient factual basis for the declaration of martial law and the
suspension of the writ of habeas corpus?
Lagman vs. Medialdea, G.R. No. 231658, Dec. 5, 2017
 Did the President and the Congress had sufficient factual basis to extend Proc. No. 216?
 How many times and for how long can Con-gress, upon the initiative of the President,
may extend the proclamation of martial law or the suspension of the privilege of habeas
corpus?
Lagman vs. Pimentel, G.R. No. 235935, Feb. 6, 2018
 Whether or not the Congress has the mandatory duty to convene jointly upon the
President's proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus under Article VII, Section 18 of the 1987 Constitution?
Padilla vs. Congress, G.R. No. 231671, July 25, 2017

2 0 1 7 B A R Command responsibility pertains to the responsibility of commanders for crimes


committed by subordinate members of the armed forces or other persons subject to their control
in international wars or domestic conflicts. The doctrine has now found application in civil
actions for human rights abuses, and in proceedings seeking the privilege of the writ of amparo.
(a) What are the elements to be established in order to hold the superior or commander liable
under the doctrine of command responsibility?
(b) May the doctrine of command responsibility apply to the President for the abuses of the
armed forces (AFP and PNP) given his unique role as the commander-in-chief of all the armed
forces? Explain your answer.

2017 BAR (A) What is the pardoning power of the President under Art. VIII, Sec. 19 of the
Constitution? Is the exercise of the power absolute?
(B) Distinguish pardon from amnesty.

2 0 1 7 B A R The Executive Department has accumulated substantial savings from its


appropriations. Needing ₱3,000,000.00 for the conduct of a plebiscite for the creation of a new
city but has no funds appropriated soon by the Congress for the purpose, the COMELEC requests
the President to transfer funds from the savings of the Executive Department in order to avoid a
delay in the holding of the plebiscite. May the President validly exercise his power under the 1987
Constitution to transfer funds from the savings of the Executive Department, and make a cross-
border transfer of ₱3,000,000.00 to the COMELEC by way of augmentation? Is your answer the
same if the transfer is treated as aid to the COMELEC? Explain your answer.

2017 BAR
The President signs an agreement with his counterpart in another country involving reciprocity in
the treatment of each country's nationals residing in the other's territory. However, he does not
submit the agreement to the Senate for concurrence. Sec. 21, Art. VII of the Constitution provides
that no treaty or international agreement shall be valid and effective without such concurrence.
Is the agreement signed by the President effective despite the lack of Senate concurrence? Explain
your answer.
f) Prepare for a short quiz.

Aug. 1, 2018
a) Read: Administrative Law, Text and Cases, Hector S. De Leon, 2013 ed.
b) Read: pages 1-42, Political Law II Syllabus: Administrative Law
c) Read the following cases:
 Is Section 11 of Revenue Regulation No. 17-2012 issued on authority of R.A. No. 10351,
otherwise known as the Sin Tax Reform Law of 2012?
Purisima vs. Phil. Tobacco Institute, G.R. No. 210251, Apr. 17, 2017
 Does Cudia have the right to counsel not just in assisting him in the preparation for the
investigative hearing before the HC and the CRAB but in participating in said hearings?
Cudia vs. PMA, G.R. No. 211362, Feb. 24, 2015
 Is the liberality of procedure in administrative actions subject to any limitation?
Can the liberal construction be applied on appeal reglementary period as in this case?
Besaga vs. Acosta, G.R. No. 194061, April 20, 2015
 What is “hot tubbing” and how does the method of “hot tub” hearing work?
 Were the doctrines of primary jurisdiction and exhaustion of administrative remedies
violated in this case?
ISAAA vs. Green Peace, G.R. No. 209271, Dec. 8, 2015
 Did petitioners violate the doctrine of exhaustion of administrative remedies in challen-
ging before the Supreme Court the interment issue of the late Pres. Marcos at LNMB?
Ocampo vs. Enriquez, G.R. No. 225973, etc., Nov. 8, 2016.
 Whether or not the CA erred in dismissing the petition for review before it due to
petitioners’ failure to exhaust administrative remedies?
Gonzales vs. Marmaine Realty, G.R. No. 214241, Jan. 13, 2016

d) Digest the following cases [due on July 30, 2018]


 Is AMLC an administrative body with quasi-judicial powers?
SPCMB vs. AMLC, G.R. No. 216914, Dec. 6, 2016
 Whether Sections 1 and 3 of RR 10-2008 are consistent with the law in declaring that “an
MWE who receives other benefits in excess of the statutory limit of P30,000 is no longer
entitled to the exemption provided by R.A. 9504”, consistent with the law?
Soriano vs. Sec. of Finance, G.R. No. 184450. Jan. 24, 2017
 As in this case, should the courts of justice respect the findings of fact of the Intellectual
Property Office [IPO] --- an administrative agency?
Somboonsakdikul vs. Orlane, S.A., G.R. No. 188996, Feb. 1, 2017
 Did O.G. Holdings comply with the doctrine of exhaustion of administrative remedies?
Republic vs. O.G. Holdings, G.R. No. 189290, Nov. 29, 2017
 Were the certification proceedings conducted by the FDA in the exercise of its "regulatory
powers" and, therefore, beyond judicial review?
ALFI vs. Garin, G.R. No. 217872, April 26, 2017

e) Prepare for a short quiz.

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