(I) Congresswoman A is a co-owner of an industrial estate in Sta.

Rosa, Laguna which she had

declared in her Statement of Assets and Liabilities. A member of her political party authored a
bill which would provide a 5-year development plan for all industrial estates in the Southern
Tagalog Region to attract investors. The plan included an appropriation of 2 billion pesos for
construction of roads around the estates. When the bill finally became law, a civil society
watchdog questioned the constitutionality of the law as it obviously benefitted Congresswoman
A’s industrial estate. Decide with reasons
Answer:
The law is constitutional. Section 12, Article VI of the Constitution does not prohibit the
enactment of a law which will benefit the business interest of a member of a Senate or HoR. It
only requires that if the member of Congress whose business interests will be benefited by the
law is the one who will file the bill, he should notify the House concerned of the possible conflict
of interest.

(II) Mayor Pink is eyeing re-election in the next mayoralty race. It was common knowledge in
the town that Mayor Pink will run for re-election in the coming elections. The deadline for filing
of Certificate of Candidacy (CoC) is on March 23 and the campaign period commences the
following day. One month before the deadline, Pink has yet to file her CoC, but she has been
going around town giving away sacks of rice with the words "Mahal Tayo ni Mayor Pink"
printed on them, holding public gatherings and speaking about how good the town is doing,
giving away pink t-shirts with "Kay Mayor Pink Ako" printed on them. Mr. Green is the political
opponent of Mayor Pink. In April, noticing that Mayor Pink had gained advantage over him
because of her activities before the campaign period, he filed a petition to disqualify Mayor Pink
for engaging in an election campaign outside the designated period.
(A) Which is the correct body to rule on the matter? Comelec en banc, or Comelec division?
Answer with reasons.
(B) Rule on the petition
Answer:
(A) It is the COMELEC En Banc which should decide the petition. Since it involves the exercise
of administrative powers of the COMELEC, Sec 3 Art IX-C of the Constitution is not applicable.
(B) The petition should be denied. Under Sec 80 of the Omnibus Elections Code, to be liable for
premature campaigning, he must be a candidate. Unless he filed his COC, he is not a candidate.

(III) President Black of the Republic of Pasensya (RP) had a telephone conversation with
President Blue of the People’s Republic of Conquerors (PRC). In that conversation, both leaders
agreed that they will both pull-out all their vessels. civilian or otherwise, sea crafts and other
ships from the hotly disputed Kalmado Shoal area within eight (8) days in order to de-escalate
the situation. After eight days, all RP ships and vessels have left the area. However, several
military and civilian ships carrying the PRC flag remained in the area and began construction of
a dock that could provide fuel and other supplies to vessels passing by. Assuming that President
Black and President Blue both had full capacity to represent their states and negotiate with each
other under their respective systems of government, and further assuming that both leaders
acknowledge the existence of the conversation, and that the verbal agreement via telephone is
binding under international law, does that agreement constitute a Treaty under the 1969 Vienna
Convention on the Law on Treaties?
Answer:
The verbal agreement does not constitute a treaty under the Vienna Convention on the Law on
Treaties. Art 3 requires that for an international agreement to be a treaty, it must be in written
form.

(IV) A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a
Writ of Amparo before a Regional Trial Court in Tarlac. Upon motion of A, the court issued
inspection and production orders addressed to the AFP Chief of Staff to allow entry at Camp
Aquino and permit the copying of relevant documents, including the list of detainees, if any.
Accompanied by court-designated Commission on Human Rights (CHR) lawyers, A took
photographs of a suspected isolation cell where her husband was allegedly seen being held for
three days and tortured before he finally disappeared. The CHR lawyers requested one Lt. Valdez
for a photocopy of the master plan of Camp Aquino and to confirm in writing that he had custody
of the master plan. Lt. Valdez objected on the ground that it may violate his right against self-
incrimination. Decide with reasons
Answer:
The objection of Lt Valdez is not valid. The right against self- incrimination refers to testimonial
evidence and does not apply to the production of a photocopy of the master plan of Camp
Aquino, because it is a public record. He cannot object to the request for him to confirm his
custody of the master plan, because he is the public officer who had custody of it.

(V) True or False. Aliens are absolutely prohibited from owning private lands in the Philippines.
Answer:
False. Under Sec 7, Art XII of the Constitution, aliens may acquire private land by hereditary
succession. Under Sec 8, Art XII of the Constitution, natural born citizens of the PH who lost
their Filipino citizenship may be transferees of private land.