2015 POLITICAL LAW BAR EXAM Philippine Constitution.

Is Senator Maagap
correct? Explain. (4%)
I.
SUGGESTED ANSWER
The Philippines and the Republic of Kroi Sha The Executive Agreement allowing the
established diplomatic relations and Republic of Kroi Sha to establish its
immediately their respective Presidents embassy and consular offices within Metro
signed the following: – (1) Executive Manila is valid without need of submitting it
Agreement allowing the Republic of Kroi to the Senate for ratification, Executive
Sha to establish its embassy and consular Agreements are not treaties and are valid
offices within Metro Manila; and (2) without the need of concurrence by the
Executive Agreement allowing the Republic Senate in its ratification (Commission of
of Kroi Sha to bring to the Philippines.its : Customs v. Eastern Sea Trading, G.R. No. L-
military complement, warships, and 14279, October 31, 1961, 35 SCRA 345).
armaments from time to time for a period
not exceeding one month for the purpose of The Executive Agreement with the Republic
training exercises with the Philippine of Kroi Sha allowing it to bring to the
military forces and exempting from Philippines its military complement,
Philippine criminal jurisdiction acts warships and armaments from time to time
committed in the line of duty by foreign for training exercises with the Philippine
military personnel, and from paying custom military forces : must be submitted to the
duties on all the goods brought by said Senate for concurrence in its ratification.
foreign forces into Philippine territory in Under Section 25, Article XVIll of the
connection with the holding of the activities Constitution, a treaty düly concurred in by
authorized under the said Executive the Senate is required even for the
Agreement. temporary presence of foreign troops
(Bayan.v. Zamora, G.R. No. 138570,
Senator Maagap questioned the October 10, 2000, 342 SCRA 449).
constitutionality of the said Executive :
Agreements and demanded that the
Executive Agreements be submitted to the
Senate for ratification pursuant to the
II. sovereignty. It is not open to international
navigation except with the express consent
(A) A bill was introduced in the House of of the coastal state. On the other hand, the
Representatives in order to implement UNCLOS transforms constitutional internal
faithfully the provisions of the United waters into archipelagic waters which under
Nations Convention on the Law of the Sea Article 52 “ships of all. States enjoy the
(UNCLOS) to which the Philippines is a right of innocent passage”, on the part of
signatory. Congressman Pat Rio Tek archipelagic states such as the Philippines.
questioned the constitutionality of the bill
on the ground that the provisions of As to territorial sea, the expanse of the
UNCLOS are violative of the provisions of Philippine territorial sea extends by 200
the Constitution defining the Philippine nautical miles up to the International Treaty
internal waters and territorial sea. Do you Limits (ITL) surrounding the Philippines
agree or not with the said objection? Archipelago as drawn pursuant to Article Ill
Explain. (3%) of the Treaty of Paris of 10 December 1898
(B) Describe the following maritime regimes and as constitutionalized under Article l of
under UNCLOS (4%) the 1935 Constitution.

(a) Territorial sea Under the UNCLOS, such expanse of

territorial sea collapsed and the IRL as
(b). Contiguous.zone boundaries of the Philippines disappeared,
and under the UNCLOS; the new boundaries
(c) Exclusive economic zone are drawn by the outer limit of the new
territorial seas of not exceeding 12 nautical
(d) Continental shelf miles from the baseline. Thus, sovereignty
indicated by the ITL also collapsed.
SUGGESTED ANSWER
(A) The vast expanse of internal waters
described by the Constitution as separating
the islands of the Philippine Archipelago,
without regard to breadth or dimension is
part of state territory and is subject to state
ALTERNATIVE ANSWER coastal States more or less jurisdiction over
(A) The objection of Congressman Pat Rio foreign vessels depending on where the
Tek is not valid. The UNCLOS has nothing vessel is located. Insofar as the internal
to do with the acquisition or loss of waters and territorial sea is concerned, the
territory. It is a multi-‘. läteral treaty Coasta! State exercises sovereignty, subject
regulating sea use rights and maritime to the UNCLOS and other rules of
zones, contiguous .zones, exclusive international law. Such sovereignty extends
economic zones, and continental shelves. to the air space over the territorial sea as
Whether referred to as internal waters or well as to its bed and subsoil” (Arigo v.
archipelagic wafers, the Philippines Swift, G.R. No. 206510, September 16,
exercises sovereignty over the body of 2014).
water lying landward of the baselines.
(Magallona v. Ermita, G.R. No.187167, UNCLOS III does not define the internal and
August 16, 2011, 655 SCRA 476). territorial waters of states but merely
“prescribes the water-land ratio, length, and
ANOTHER ALTERNATIVE ANSWER contour of baselines of archipelagic States
like the Philippines.”
(A) I do not agree…..
“UNCLOS III has nothing to do with the
“The UNCLOS is a product of international acquisition (or loss) of territory.” It is a
negotiation that seeks to balance State multilateral treaty regulating, among others,
sovereignty (mare clausum) and the : sea-use rights over maritime zones.(i.e.,
principle of freedom of the high seas (mare the territorial waters [12 nautical miles from
liberum). The freedom to use the world’s the baselines], contiguous zone [24 nautical
marine waters is one of the oldest miles from the baselines), exclusive
.customary principles of international law. economic zone [200.nautical miles from the
The UNCLOS gives to the coastal State baselines]), and continental shelves that
sovereign rights in varying degrees over the UNCLOS III delimits.” “UNCLOS III and its
different zones of the sea which are: 1) ancillary baselines laws play no role in the
internal waters, 2) territorial sea, 3) acquisition, enlargement or, as petitioners
contiguous zone, 4) exclusive economic claim, diminution of territory. Under
zone, and 5) the high.seas. It also gives traditional international law typology, States
acquire (or conversely, lose) territory The maximum limit is 24 nautical miles from
through occupation, accretion, cession and the baselines of the territorial sea. It
prescription, not by executing multilateral confers functional jurisdiction to prevent
treaties on the regulations of sea-use rights infringements of customs, fiscal,
or enacting statutes to comply with the immigration and sanitary regulations.
treaty’s terms to delimit maritime zones and (Crawford, Brownlie’s Principle of Public
continental shelves. Territorial claims to International Law, 8th ed., pp. 265-268).
land features are outside UNCLOS III, and
are instead governed by the rules on (c). The economic zone extends no farther
general international law” (Magallona v. than 200 nautical miles from the baselines
Ermita, G.R. No. 187167, August 16, 2011, of the territorial sea. The coastal state has
655 SCRA 476). sovereign rights for the purpose of
exploiting, conserving and managing the
(B) natural resources of the waters superjacent
to the sea-bed and its sub-soil, and
(a) The territorial Sea is 12 nautical miles economic exploitation and exploration, such
from the baselines. An as the production of energy, (Crawford,
Brownlie’s Principles of Public International
archipelagic state may draw straight Law, 8th ed., p. 276).
archipelagic baselines joining the outerrnost
islands and drying reefs of the archipelago; (d) The continental shelf gives the coastal
but the drawing of the baselines should not state rights to explore and exploit the
depart to any appréciable extent from the resources of the shelf by operation of law.
general configuration of the archipelago (Crawford, Brownlie’s Principles of Public
šave for 3 percent of the total number of International Law, 8th ed., p. 276).
the baselines (Magallona v. Ermita, G.R. No.
187167, August 16, 2017, 655 SCRA 476).

(b) The contiguous zone is a zone

contiguous to the territorial sea.
III specifies that “unless otherwise allowed by
law or by the primary functions of his
Professor Masipag who holds a plantilla or position, no appointive official shall hold any
regular item in the University of the other office in the Government.”
Philippines (UP) is appointed as an
Executive Assistant in the Court of Appeals IV
(CA). The professor is considered only on
leave of absence in Up while he reports for When is a facial challenge to the
work at the CA which shall pay him the constitutionality of a law on the ground of
salary of the Executive Assistant. The violation of the Bill of Rights traditionally
appointment to the CA position was allowed? Explain your answer.(3%)
questioned, but Professor Masipag
countered that he will not collect the salary SUGGESTED ANSWER
for both positions; hence, he can not be “In United States (US) constitutional law, a
accused of receiving double compensation. facial challenge, also known as a First
Is the argument of the professor valid? Amendment Challenge, is one that is
launched to assail the validity of statutes
SUGGESTED ANSWER concerning not only protected speech, but
Although Professor Masipag is correct in also all other rights in the First Amendment.
saying that “he can not be accused of These include religious freedom, freedom of
receiving double compensation” as he the press, and the right of the people
would not actually be receiving additional or to.peaceably assemble, and to petition the
double compensation, it is submitted that Government for a redress of grievances.
he may nevertheless not be allowed to After all the fundamental right to religious
accept the position of Executive Assistant of freedom, freedom of the press and peaceful
the Court of Appeals during his incumbency assembly are but component rights of the
as a regular employee of · the University of right to one’s freedom of expression, as
the Philippines, as the former would be an they are modes which one’s thoughts are
incompatible office not allowed to be externalized.
concurrently held by him ‘under the
provisions of Article IX-B, Section 7 of the “In this jurisdiction, the application of
Constitution, the second paragraph of which doctrines originating from the U.S. has been
generally maintained, albeit with some the ground that it will increase the common
modifications. While this Court has withheld shares of AT, a foreign company, to more
the application of facial challenges to strictly than 40% of the capital (stock) of PTC in
penal statutes, it has expanded its scope to violation of the 40% limitation of foreign
cover statutes not only regulating free ownership of a public utility.
speech, but also those involving religious
freedom, and other fundamental rights. The AT argues that the sale does not violate the
underlying reason for this modification is 60-40 ownership requirement in favor of
simple. For unlike its counterpart in the Filipino citizens decreed in Section II, Article
U.S., this Court, under its expanded XII of the .1987 Constitution because
jurisdiction, is mandated by the Filipinos still own 70% of the capital of the
Fundamental Law not only to settle actual PTC. AT points to the fact that it owns only
controversies involving rights which are 2,000 common voting shares and 1,000
legally demand able and enforceable, but non-voting preferred shares while Filipino
also to determine whether or not there has stockholders own 1,000 common shares
been a grave abuse of discretion amounting and 6,000 preferred shares, therefore,
to lack or excess of jurisdiction on the part Filipino stockholders still own a majority of
of any branch or instrumentality of the the outstanding capital stock of the
Government” (Imbong v. Ochoa, G.R. No. corporation, and both classes of shares
204819, April 8, 2014, 721 SCRA 146). have a par value of Php 20.00 per share.
Decide. (5%)
V.
SUGGESTED ANSWER
BD Telecommunications, Inc. (BDTI), a “The application of the Grandfather Rule is
Filipino-owned corporation, sold. its 1,000 justified by the circumstances of the case to
common shares of stock in the Philippine determine the nationality of petitioners…
Telecommunications Company (PTC), a the use of the Grandfather Rule as a
public utility, to Australian “supplement” to the Control Test is not
Telecommunications (AT), another proscribed by the Constitution…” “The
stockholder of the PTC which also owns Grandfather Rule, standing alone, should
1,000 common shares. A Filipino not be used to determine the Filipino
stockholder of PTC questions the sale on ownership and control in a corporation; as it
could result in an otherwise foreign “doubt” that demands the application of the
corporation rendered qualified to perform Grandfather Rule in addition to or in tandem
nationalized or partly nationalized activities. with the Control Test is not confined to, or
more bluntly, does not refer to the fact that
Hence, it is only when the Control Test is the apparent Filipino ownership of the
first complied with that the Grandfather corporation’s equity falls below the 60%
Rule may be applied. Put in another threshold. Rather, “doubt” refers to various
manner, if the subject corporation’s Filipino indicia that the “beneficial ownership” and
equity falls below the threshold 60%, the “control” of the corporation do not in fact
corporation is immediately considered reside in Filipino shareholders but in foreign
foreign-owned, in which case, the need to stakeholders. As provided in DOJ Opinion
resort to the Grandfather Rule disappears. No. 165; Series of 1984, which applied the
On the other hand, a corporation that pertinent provisions of the Anti-Dummy Law
complies with the 60-40 Filipino to foreign in relation to the minimum Filipino equity
equity requirement can be considered a requirement in the Constitution, “significant
Filipino corporation if there is no doubt as to indicators of the dummy status” have been
who has the “beneficial ownership” and recognized in view of reports “that some
“control of the corporation. In that instance Filipino investors or businessmen are being
there is no need for a dissection or further utilized or Care] allowing themselves to be
inquiry on the ownership of the corporate used as dummies by foreign investors”
shareholders in both the investing and specifically in joint ventures for national
investee corporation or the application of resource exploitation. These indicators are:
the Grandfather Rule. As a corollary rule,
even if the 60-40 Filipino to foreign equity “1. That the foreign investors provide
ratio is apparently met by the subject or practically all the funds for the joint
investee corporation, a resort to the investment undertaken by these Filipino
Grandfather Rule is necessary if doubt businessmen and their foreign partner;
exists as to the locus of the “beneficial
ownership” and “control” (Narra Nickel “2. That the foreign investors undertake to
Mining and Development Corporation v. provide practically all the technological
Redmont Consolidated Mines Corporation, support for the joint venture;
G.R. No. 195580, January 28, 2015). “… the
“3. That the foreign investors, while being only gives notice to the nation that such a
minority stockholders, state exists and that the Armed Forces of
the Philippines may be called upon to
manage the company and prepare all suppress it (Sanlakas V. Executive
economic viability studies” (Narra Nickel Secretary, G.R. No. 159085, February 3,
Mining and Development Corporation v. 2004, 421 SCRA 656).
Redmont Consolidated Mines Corporation,
G.R. No. 195580, January 28, 2015). In a proclamation of a state of national
emergency, the President is already calling
(Note: This question should have been out the Armed Forces of the Philippines to
asked in Mercantile Law. I respectfully ask suppress. not only rebellion but also lawless
that answers featuring the foregoing violence (David v. Arroyo, G.R. No. 171396,
discussion should be accepted as correct). May 3, 2006, 489 SCRA 162).

VI (B) The following are the limitations to the

pardoning power of the President:
(A) Distinguish the President’s authority to (1) The President cannot pardon
declare a state of rebellion from the impeachment cases.
authority to proclaim a state of national (2) The President may grant pardons only
emergency. (2%) after conviction by final judgment.
(B) What are the limitations, if any, to the (3) Amnesty requires the concurrence of the
pardoning power of the President? (3%) majority of all the Members of Congress.
(Section 19, Article VII of Constitution)
SUGGESTED ANSWER (4) The President cannot grant pardon,
(A) The power of the President to declare a amnesty, parole or suspension of sentence
state of rebellion is based on the power of for violation of election laws, rules and
the President as chief executive and regulations without the favorable
commander in-chief of the Armed Forces of recommendation of the Commission on
the Philippines. It is not necessary for the Elections. (Section 9, Article iX-C of
President to declare a state of rebellion Constitution.)
before calling out the Armed Forces of the (5) The President cannot pardon members
Philippines to suppress it. The proclamation and employees of the Judiciary found guilty
by the Supreme Court in administrative “It is apparent from the foregoing
cases, because it will encroach upon the constitutional provisions that the only
exclusive power of administrative instances in which the President may not
supervision of the Supreme Court over them extend pardon remain to be in: (1)
(in re Petition for judicial Clemency of impeachment cases; (2) cases that have not
Manuel V. Romilo, Jr., G.R. No. 97091, yet resulted in a final conviction; and (3)
December 9, 1997). cases involving violations of election laws,
rules and regulations in which there was no
ALTERNATIVE ANSWER favorable recommendation coming from the
(B) “The 1987 Constitution, specifically COMELEC” (Risos-Vidal V. COMELEC, G.R.
Section 19 of Article Vil and Section 5 of No. 206666, January 21, 2015).
Article IX-C, provides that the President of
the Philippines possesses the power to It may be added that pardons may not be
grant pardons, along with other acts of extended to a person convicted of
exec-. utive clemency, to wit: législative contempt, as this would violate
the doctrine of separation of powers, or of
“Section 19. Except in cases of civil contempt since this would involve the
impeachment, or as otherwise provided in benefit not of the State itself but of the
this constitution, the President may grant private litigant whose rights have been
reprieves, commutations, and pardons, and violated by the contemner. Pardon cannot
remit fines and forfeitures, after conviction also be extended for purposes of absolving
by final judgment. “He shall also have the the pardonee of civil liability, including
power to grant amnesty with the judicial costs, since, again, the interest that
concurrence of a majority of all the is remitted does not belong to the State but
Members of the Congress. to the private litigant. (Cruz and Cruz,
Philippine Political Law, 2014 Edition, page
“Section 5. No pardon, amnesty, parole, or 445).
suspension of sentence for violation of
election laws, rules, and regulations shall be
granted by the President without the
favorable recommendation of the
Commission.
VII. (Santiago v. Sandiganbayan, G.R. No.
128055, April 18, 2001, 756 SCRA 636)
Senator Fleur De Lis is charged with plunder
before the Sandiganbayan. After finding the VIII
existence of probable cause, the court
issues a warrant for the Senator’s arrest. A law provides that the Secretaries of the
The prosecution files a motion to suspend Departments of Finance and Trade and
the Senator relying on Section 5 of the Industry, the Governor of the Central Bank,
Plunder Law. According to the prosecution, the Director General of the National
the suspension should last until the Economic Development Authority, and the
termination of the case. Senator Lis Chairperson of the Philippine Overseas
vigorously opposes the motion contending Construction Board shall sit as ex-officio
that only the Senate can discipline its members of the Board of Directors (BOD) of
members, and that to allow his suspension a government owned and controlled
by the Court would violate the principle of corporation (GOCC), The other four (4)
separation of powers. Is Senator Lis’s members shall come from the private
contention tenable? Explain. (4%) sector. The BOD issues a resolution to
implement a new organizational structure,
SUGGESTED ANSWER staffing pattern, a position classification
The contention of Senator Fieur de Lis is not system, and a new sět of qualification
tenable. The suspension contemplated in standards. After the implementation of the
Subsection 3, Section 16, Article VI of the Resolution, Atty. Dipasupil questioned the
Constitution. The suspension imposed under legality of the Resolution alleging that the
Section 5 of the Plunder Law is not a BOD has no authority to do so. The BOD
penalty but a preventive measure. The claims otherwise arguing that the doctrine
doctrine of separation of powers cannot be of qualified political agency applies to the
deemed to have excluded Members of case. It contends that since its agency is
Congress from the application of the attached to the Department of Finance,
Plunder Law. The law itself does not whose head, the Secretary of Finance, is an
exclude Members of Congress from its alter ego of the President, the BOD’s acts
coverage. The Sandiganbayan did not err in were also the acts of the President. Is the
issuing the preventive suspension order
invocation of the doctrinė by the BOD the last national elections. The invitees
proper? Explain. (4%) Brigadier General Matapang and Lieutenant
Coronel Makatuwiran, who were among
SUGGESTED ANSWER those tasked to maintain peace and order
The invocation of the qualified political during the last election, refused to attend
agency doctrine is not correct. Although because of an Executive Order banning all
some members of the Board of Directors public officials enumerated in paragraph 3
were cabinet members, they did not thereof from appearing before either house
become members of the Board of Directors of Congress without prior approval of the
because of their appointment but because President to ensure adherence to the rule of
of their designation by the law. When they executive privilege. Among those included
implemented a new organizational plan, in the enumeration are “senior officials of
they were not acting as alter egos, of the executive departments who, in the
President but as members of the Board of judgment of the department heads, are
Directors pursuant to the law (Manalang- covered by executive privilege.” Several
Demigillo v. Trade and Investment individuals and groups challenge the
Development Corporation of the Philippines, constitutionality of the subject Executive
G.R. Nos. 168613, 185571, March 5, Order because it frustrates the power of the
2013,692 SCRA 359). Congress to conduct inquiries in aid of
legislation under Section 21, Article VI of
IX the 1987 Constitution. Decide the case.
(5%)
Several senior officers of the Armed Forces
of the Philippines received invitations from SUGGESTED ANSWER
the Chairperson of the Senate Committees Under Section 5, Article XVI of the
on National Defense and Security for them Constitution, the President is commander-
to appear as resource persons iri scheduled in-chief of the Armed Forces of the
public hearings regarding a wide range of Philippines. By virtue of. this power, the
subjects. The invitations state , that these President can prevent Brigadier General
public hearings were triggered by the Matapang and Lieutenant Colonel
privilege speeches of the Senators that Makatuwiran from appearing before the
there was massive electoral fraud during Senate to testify before a legislative
investigation (Guidani v. Senga, G.R. No. Corporation has failed to exhaust
170165, August 15, 2006, 498 SCRA 671). administrative remedies which is fatal to its
The provision in the Executive Order which cause of action, If you were the judge; will
authorized Department Secretaries to you grant the motion? Explain: (4%)
invoke executive privilege in case senior
officials in their departments are asked to SUGGESTED ANSWER
appear in a legislative investigation is not The motion to dismiss should be denied.
valid. It is upon the President that executive The doctrine of exhaustion of administrative
power is vested. Only the President can remedies applies only to judicial review of
make use of Executive Privilege (Senate v. decisions of administrative agencies in the
Ermita, G.R. No. 169777, July 14, 2006, 488 exercise of their quasi-judicial power. It has
SCRA 1). no application to their exercise of rule-
making power (Holy Spirit Homeowners
X Association, Inc. v. Defensor, G.R. No.
163980, August 3, 2006, 497 SCRA 581).
The Secretary of the Department of
Environment and Natural Resources XI
(DENR), issued Memorandum Circular No.
123-15 prescribing the administrative (A) What is the concept of expanded judicial
requirements for the conversion of a Timber review under the 1987
License Agreement (TLA) into an Integrated Constitution? (3%)
Forestry Management Agreement (IFMA).
ABC Corporation, a holder of a TLA which is (B) Differentiate the rule-making power or
about to expire, claims that the conditions the power of the Supreme Court to
for conversion imposed by the said circular promulgate rules under Section 5, Article
are unreasonable and arbitrary and a patent VIll of the 1987 Constitution, and judicial
nullity because it violates the non- legislation. (2%)
impairment clause under the Bill of Rights
of the 1987 Constitution. ABC Corporation SUGGESTED ANSWER
goes to court seeking the nullification of the (A) Because of the expanded power of
subject circular. The DENR moves to dismiss judicial review of the Supreme Court, the
the case on the ground that ABC facial challenge to the constitutionality of
laws is no longer limited to laws which rather than declaring, construing or
violate freedom of speech but applies to all enforcing the law. (Ballentine’s Law
violations of fundamental rights under the Dictionary, 3rd ed., p.685). Section 3(5),
Bill of Rights (Imbong y. Ochoa, Jr., G.R. Article vill of Constitution granted the
No. 204819, April 8, 2014,721 SCRA 140). Supreme Court power to promulgate rules
concerning the protection and enforcement
In addition, the remedies of certiorari and of constitütional rights. In the exercise of
prohibition in the Supreme Court are this power, the Supreme Court promulgated
broader in scope and may be issued to the Rule on the Writ of Amparo, the Rule on
correct errors of jurisdiction of judicial, the Writ of Habeas Data, and the Rules of
quasi-judicial or ministerial actions and may Procedure for Environmental Cases.
be invoked to restrain any act of grave
abuse of discretion of any branch of XII
government, even if it does not exercise
judicial, quasi-judicial or ministerial Discuss the evolution of the principle of jus
functions (Araullo v. Aquino III, G.R. No. sanguinis as basis of Filipino citizenship
209287, July 1, 2014,728 SCRA 1). under the 1935, 1973, and 1987
Constitutions. (3%)
ALTERNATIVE ANSWER
(A) The concept of “expanded judicial SUGGESTED ANSWER
power” is specified in the second paragraph Section 1, Article Ill of the 1935 Constitution
of Section 1 of Article VIII of the adopted the jus sanguinis principle as the
Constitution where it is provided that basis of Filipino citizenship if the father is a
judicial power includes the duty to Filipino citizen. However, Subsection 4,
determine whether or not there has been a Section 1, Article Ill of the Constitution
grave abuse of discretion amounting to lack provided that if the mother was a Filipino
or excess of jurisdiction on the part of any citizen who lost her Philippine citizenship
branch or instrumentality of the because of her marriage to a foreign
Government.” husband, her children could elect Philippine
(B) judicial legislation refers to the citizenship upon reaching the age of
encroachment by the Judiciary upon the majority.
function of the legislature by making law
Subsection 2, Section 1, Article ill of the districts. For the 2016 elections, the voters
1973 Constitution provided that a child born of the City of Pangarap would be classified
of a father or a mother who is a citizen of as belonging to either the first or second
the Philippines is a Filipino citizen. district, depending on their place of
residence. The constituents of each district
Section 2, Articie Ill of the 1973 Constitution would elect their own representative to
provided that a child whose father or Congress. as well as eight (8) members of
mother is a Filipino citizen is a Filipino the Sangguniang Panglungsod. R.A. No.
citizen. Subsection 3, Section 1, Article IV of 1234. apportioned the City’s barangays. The
the 1987 Constitution provided that a child COMELEC thereafter promulgated
born before January 17, 1973, of Filipino Resolution No. 2170 implementing R.A. No.
mothers, who elected Philippine citi zenship 1234. Piolo Cruz assails the COMELEC
upon reaching the age of majority under the Resolution as unconstitutional. According to
1973 Constitution is a natural-born Filipino him, R.A. No. 1234 cannot be implemented
citizen (Tecson v. Commission on Elections, without conducting a plebiscite because the
G.R. No. 161434, March 3, 2004,424 SCRA apportionment under the law falls within the
277). meaning of . creation, division, merger,
abolition or substantial alteration of
(NOTE: The 1935 and the 1973 boundaries of cities under Section 10,
Constitutions are not included in the Article X of the 1987 Constitution. Is the
coverage of the examinations). claim correct? Explain. (4%)

XIII SUGGESTED ANSWER

The claim of Piolo Cruz is not correct. The
On August 15, 2015, Congresswoman Dina Constitution does not require a plebiscite for
Tatalo filed and sponsored House Bill No. the creation of a new legislative district by a
5432, entitled “An Act Providing for the legislative reapportionment. It is required
Apportionment of the Lone District of the only for the creation of new local
City of Pangarap.” The bill eventually government units (Bagabuyo v. Commission
became a law, R.A. No. 1234. It mandated on Elections, G.R. No. 176970, December 8,
that the lone legislative district of the City of 2008, 573 SCRA 290).
Pangarap would now consist of two (2)
XIV XV

Congress enacted R.A. No. 14344 creating The President appointed Dexter I. Ty as
the City of Masuwerte which took effect on Chairperson of the COMELEC on June 14,
September 25, 2014, Section 23 of the law 2011 foraterm of seven (7) years pursuant
specifically exempts the City of Masuwerte to the 1987 Constitution.. His term of office
froin the payment of legal fees in the cases started on June 2, 2017 to end on June 2,
that it would file and/or prosecute in the 2018. Subsequently, the President
courts of law. In two (2) cases that it filed, appointed Ms. Marikit as the third member
the City of Masuwerte was assessed legal of the COMELEC koraterm of seven (7)
fees by the clerk of court pursuant to Rule years starting June 2, 2014 until June 2,
141 (Legal Fees) of the Rules of Court. The 2021. On June 2, 2015, Chairperson Ty
City of Masuwerte questions the retired optionally, after having served the
assessment, claiming that it is exempt from government for thirty (30) years. The
paying legal fees under Section 23 of its President then appointed Commissioner
charter, is the claim of exemption tenable? Marikit as COMELEC Chairperson. The
Explain. (4%) Commission on Appointments confirmed her
appointment. The appointment papers
SUGGESTED ANSWER expressly indicate that Marikit will serve as
The exemption from payment of legal fees COMELEC Chairperson “until the expiration
is not valid. The rules promulgated by the of the original term of her office as
Supreme Court for the payment of legal COMELEC Commissioner oron June 2,
fees were in the exercise of its rule-making 2021.” Matalino, a tax payer, files a petition
power and cannot be modified by a law for certiorari before the Supreme Court
granting an exemption from payment (In Re asserting that the appointment of Marikit as
Exemption from Payment of Court and COMELEC Chairperson is unconstitutional
Sheriff’s Fees of Duly Registered for the following reasons: (1) The appoint
Cooperatives, A.M. No. 12-2-03-0, March 3, ment of Marikit:as COMELEC Chairperson
2012, 668 SCRA 1). constituted a reappointment which is
proscribed by Section 1 (2), Article IX of the
1987 Constitution; .and (2) the term of
office expressly stated in the appointment
papers of Marikit likewise contravenes the G.R. No. 192791, April 24, 2012, 670 SCRA
aforementioned constitutional provision. Will 579).
the constitutional challenge succeed?
Explain. (4%) XVI

SUGGESTED ANSWER (A) Gandang Bai filed her certificate of

The argument of Matalino that the candidacy (COC) for municipal mayor
appointment of Commissioner Marikit as stating that she is eligible to run for the said
Chairman constituted a reappointment, position. Pasyo Maagap, who also filed his
which is prohib ited by the Constitution, is COC for the same position, filed a petition
not tenable. When he was appointed as to deny due course or cancel Bai’s COC
Chairman, Commissioner Marikit had not yet under Section 78 of the Omnibus Election
fully served his term. What the Constitution Code for material misrepresentation as
prohibits was his reappointment as before Bai filed her COC, she had already
Commissioner after serving his seven-year been convicted of a crime involving moral
term. his appointment as Chairman was a turpitude. Hence, she is disqualified
promotional appointment and was not perpetually from holding any public office or
covered by the prohibition against from being elected to any public office.
reappointment. (2) The limitation of the Before the election, the COMELEC cancelled
term of Commissioner Marikit as Chairman Bai’s COC but her motion for
until the expiration of the original, term of reconsideration (MR) remained pending
her office as Commissioner on June 2, 2021 even after the election. Bai garnered the
is valid until 2018, that is, the unexpired highest number of votes followed by Pasyo
portion of the last Chairman’s term but Maagap, who took his oath as Acting Mayor.
invalid if until 2021 as it exceeds the Thereafter, the COMELEC denied Bai’s MR
limitation. It is in accordance with the and declared her disqualified for running for
principle that a promotional appointment is Mayor. Pasyo Maagap asked the
allowed provided that the aggregate period Department of interior and Local
of the term of the appointee will not exceed Government Secretary to be allowed to take
seven years and that the rotational scheme his oath as permanent municipal mayor.
of staggering the terms of the commission This request was opposed by Vice Mayor
membership is maintained (Funo v. Villar, Umaasa, invoking the rule on succession to
the permanent vacancy in the Mayor’s notwithstanding the outcome of the
office. Who between Pasyo Maagap and elections, his ineligibility as a candidate
Vice Mayor Umaasa has the right to occupy remains unchanged. Ineligibility does not
the position of Mayor? Explain your answer. only pertain to his qualifications as a
(5%) candidate but necessarily affects his right to
(B) How do you differentiate the petition hold public office. The number of ballots
filed under Section 68 from the petition filed cast in his favor cannot cure the defect of
under Section 78, both of the Omnibus failure to qualify with the substantive legal
Election Code? (3%) requirements of eligibility to run for public
office” (Maquiling v. Commission on
SUGGESTED ANSWER Elections, G.R. No. 195649, April 16, 2013).
(A) Pasyo Maagap would be entitled to
occupy the position of Mayor Accordingly, Gandang Bai “being a non-
candidate, the votes cast in his favor should
upon the disqualification of Gandang Bai on not have been counted.” This leaves Pasyo
the basis of the Petition to deny due course Maagap as “the qualified candidate who
or cancel her certificate of candidacy under obtained the highest number of votes.
the provisions of Section 78 of the Omnibus Therefore, the rule on succession under the
Election Code. Local Government Code will not apply”
(Maquiling v. Commission on Elections, G.R.
The rule is that “(a)n ineligible candidate No. 195649, April 16, 2013).
who receives the highest number of votes.
is a wrongful winner. By express legal (B) In addition to the rule cited above that a
mandate, he could not even have been a certificate of candidacy which is denied or
candidate in the first place, but by virtue of cancelled under Section 78 of the Omnibus
the lack of material time or any other Election Code would make said certificate of
intervening circumstances, his ineligibility candidacy void ab initio (which would
might not have been passed upon prior to preclude the application of the rules on
election date. Consequently, he may have succession for purposes of replacing him
had the opportunity to hold himself out to upon his disqualification because, up to that
the electorate as a legitimate and duly point of his disqualification, he shall be
qualified candidate. However, considered merely as a de facto officer),
unlike in the case of disqualification under filed at any time after the last day for filing
Section 68 of the Omnibus Election Code, of the certificate of candidacy but not later
which would give rise to the de jure than the candidate’s proclamation should
officership of the disqualified candidate up he:win in the elections, while a petition to
to his point of disqualification, the other deny due course to or cancel a certificate of
basic distinctions between petitions for the candidacy under Section 78 must be filed
disqualification of candidates and petitions within five days prior to the last day for
to reject or cancel certificate of candidacy filing of certificate of candidacy, but not
are as follows – Under Section 68 of the later than twenty-five days from the time of
Omnibus Election Code, a candidate may be the filing of the certificate of candidacy.
disqualified if he commits any of the While a person who is disqualified under
election offenses or “prohibited acts” Section 68 is merely prohibited to continue
specified therein, or if he is a permanent as a candidate, the person whose certificate
resident of or an immigrant to a foreign is cancelled or denied due course under
country: On the other hand, under. Section Section 78 is not treated as a candidate at
78 of the same law, a certificate of all. Thus, a candidate disqualified under
candidacy may be denied due course or Section 68 may be validly substituted but
cancelled if found to be containing material only by an official candidate of his
representations which are false and registered or accredited party.
deliberately made. These would include
misrepresentations as to age, residence, XVII
citizenship or non-possession of natural-
born status, registration as a voter, and The Gay, Bisexual and Transgender Youth
eligibility, as when one, although precluded Association (GBTYA), an organization of
from running for a fourth term because of gay, bisexual, and transgender persons,
the three-term limit rule, claims to be filed for accreditation with the COMELEC to
nonetheless qualified, or when one claims join the forthcoming pariy-list elections. The
to be eligible despite his disqualification on COMELEC denied the application for
the basis of an accessory penalty imposed accreditation on the ground that GBTYA
upon him in connection with his conviction espouses immorality which offends religious
in a criminal case. A petition for dogmas. GBTYA challenges the denial of its
disqualification under Section 68 may be application based on moral grounds
because it violates its right to equal
protection of the law.” If neither the strict nor the intermediate
scrutiny is appropriate, the statute will be
(A) What are the three (3) levels of test tested for mere rationality. The presumption
that are applied in equal protection cases? is in favor of the classification, the
Explain. (3%) reasonableness and fairness of state action
(B) Which of the three (3) levels of test and of legitimate grounds of distinction.
should be applied to the present case?
Explain. (3%) (B) Classification on the basis of sexual
orientation is a quasi-subject classification
SUGGESTED ANSWER that prompts intermediate review. Gay and
(A) The three levels of test applied in equal lesbian persons. historically were and
protection cases are the strict scrutiny continue to be the target of discrimination
review, the intermediate scrutiny review due to their sexual orientation, Sexual
and rationality review. orientation has no relation to a person’s
ability to contribute to society. The
If the legislative classification disadvantages discrimination that distinguish the gays and
a subject class or impinges upon a lesbians persons are beyond their control.
fundamental right, the statute must fall The group lacks sufficient political strength
unless the government can show that the to bring an end to discrimination through
classification serves a compelling political means (Ang Ladlad LGBT Party v.
governmental interest. Commission on Elections, G.R. No. 190582,
April 8, 2010, 618 SCRA 32).
If the classification, while not facially
invidious, gives rise to recurring ALTERNATIVE ANSWER
constitutional difficulties or disadvantages a (A) The three levels of tests that may be
quasi-suspect class, it will be treated under applied in equal protection cases may be
intermediate review. The law must not only classified as follows: the strict scrutiny test,
further an important government interest for laws dealing with freedom of the mind
and be related to that interest. The or restricting the political process, the
justification must be genuine and must not rational basis standard for the review of
depend on broad generalizations. economic legislation; and heightened or
intermediate scrutiny for evaluating Court clairring that his constitutional right
classifications based on gender and against unreasonable searches and seizures
legitimacy. was violated when the police officers
(B) It is submitted that the strict scrutiny searched his vehicle without a warrant; that
test should be applied in this case because the shabu confiscated from him is thus
the challenged classification restricts the inadmissible in evidence; and that there
political process. being no evidence against him, he is
entitled to an acquittal. For its part, the
XVIII People of the Philippines maintains that the
case of Hades involved a consented
Around 12:00 midnight, a team of police warrantless search which is legally
officers was on routine patrol in Barangay recognized. The People adverts to the fact
Makatarungan when it noticed an open that Hades did not offer any protest when
delivery van neatly covered with banana the. police officers asked him if they could
leaves. Believing that the van was loaded look inside the vehicle. Thus, any evidence
with contraband, the team leader flagged obtained in the course thereof is admissible
down the vehicle which was driven by in evidence.
Hades. He inquired from Hades what was Whose claim is correct? Explain. (5%)
loaded on the van. Hades. just gave the
police officer a blank stare and started to SUGGESTED ANSWER
perspire profusely. The police officers then The warrantless search was illegal. There
told Hades that they will look inside the was no probable cause to search the van.
vehicle. Hades did not make any reply. The The shabu was not immediately apparent. It
police officers then lifted the banana leaves was discovered only after they opened the
and saw several boxes. They opened the boxes. The mere passive silence of Hades
boxes and discovered several kilos of shabu did not constitute consent to the
inside. Hades was charged with illegal warrantiess search (Caballes v. Court of
possession of illegal drugs. After due Appeals, G.R. No. 163108, February 23,
proceedings, he was convicted by the trial 2005, 373 SCRA 221).
court. On appeal, the Court of Appeals
affirmed his conviction. In his final bid for
exoneration, Hades went to the Supreme
XIX SUGGESTED ANSWER
The PSALM is correct. Foreign ownership of
Pursuant to its mandate to manage the a hydroelectric power plant is not prohibited
orderly sale, disposition and privatization of by the Constitution. The PSALM will retain
the National Power Corporation’s (NPC) ownership of Angat Dam. Angat Dam will
generation assets, real estate and other trap the natural flow of water from the
disposable assets, the Power Sector Assets river. The water supplied by PSALM will
and Liabilities Management (PSALM) started then be used for power generation. Once
the bidding process for the privatization of the water is removed from its natural
Angat Hydro Electric Power Plant (AHEPP). source, it ceases to be part of the natural
After evaluation of the bids, K-Pop. Energy resources of the Philippines and may be
Corporation, a South Korean Company, was acquired by foreigners (Initiatives for
the highest bidder. Consequently, a notice Dialogue and Empowerment through
of award was issued to K-Pop. The Citizens’ Alternative Legal Services, Inc. v. Power
Party questioned the sale arguing that it Sector Assets and Liabilities Management
violates the constitutional provisions on the Corporation, G.R. No. 192088, October 9,
appropriation and utilization of a natural 2012, 682 SCRA 602).
resource which should be limited to Filipino
citizens and corporations which are at XX
least,60% Filipino-owned. The PSALM
countered that only the hydroelectric facility Typhoon Bangis devastated the Province of
is being sold and not the Angat Dam; and Sinagtala. Roads and bridges were
that the utilization of water by a destroyed which impeded the entry of
hydroelectric power plant does not vehicles into the area. This caused food
constitute appropriation of water from its shortage resulting in massive looting of
natural source of water that enters the grocery stores and malls. There is power
intake gate of the power plant which is an outage also in the area. For these reasons,
artificial structure. Whose claim is correct? the governor of the province declares a
Explain. (4%) state of emergency in their province
through Proclamation No. 1. He also
invoked Section 465 of the Local
Government Code of 1991 (R.A. No. 7160)
which vests on the provincial governor the national law enforcement agency (Kulayan
power to carry out emergency measures v. Tan, G.R. No. 187298, July 3, 2012, 675
during man-made and natural disasters and SCRA 482).
calamities, and to call upon the appropriate
national law enforcement agencies to XXI
suppress disorder and lawless violence. In
the same proclamation, the governor called The Partido ng Mapagkakatiwalaang Pilipino
upon the members of the Philippine (PMP) is a major political party which has
National Police, with the assistance of the participated in every election since the
Armed Forces of the Philippines, to set up enactment of the 1987 Constitution. It has
checkpoints and chokepoints, conduct fielded candidates mostly for legislative
general searches and seizures including district elections. In fact, a number of its
arrests, and other actions necessary to members were elected, and are actually
ensure public safety. Was the action of the serving, in the House of Representatives. In
provincial governor proper? Explain. (4%) the coming 2016 elections, the PMP
leadership intends to join the party-list
SUGGESTED ANSWER system. Can PMP join the party-list system
The action of the Provincial Governor is not without violating the Constitution and
valid. It is only the President who is Republic Act No. 7941? (4%)
authorized to exercise emergency powers
under Section 23, Article VI of the SUGGESTED ANSWER
Constitution and to call out the Armed Yes, the Partido Ng Mga
Forces of the Philippines under Section 1, Mapagkakatiwalaang Pilipino can join the
Article VII of the Constitution. Section 465 party list system provided it does not field
of the Local Government Code does not candidates in the legislative district elections
sanction his actions. It refers to calamities (Atong Paglaum, Inc. v. Commission on
and disasters. Looting is not a calamity or Elections, G.R. No. 203766, April 2,
disaster. The power under Article 465 of the 2013,694 SCRA 477).
Local Government Code to call upon
national law enforcement agencies to
suppress lawless violence is not applicable.
The Armed Forces of the Philippines is not a
XXII of the CSC. Will the petition prosper?
Explain. (4%).
The President appoints Emilio Melchor as
Chairperson of the Civil Service Commission. SUGGESTED ANSWER
Upon confirmation of Melchor’s (1) The Chairperson Emilio Melchor’s
appointment, the President issues an holding ex-officio of the other offices under
executive order including him as Ex-Officio the Executive Order mentioned in the
member of the Board of Trustees of the problem would constitute a clear violation of
Government Service Insurance System the special prohibition in Section 2 of Article
(GSIS), Employees Compensation IX-A of the Constitution, which strictly
Commission (ECC), and the Board of provides that he shall, during his tenure,
Directors of the Philippine Health Insurance not hold any other office or employment.
Corporation (PHILHEALTH). Allegedly, this Said constitutional provision does not make
is based on the Administrative Code of 1997 any distinction among the offices he may
(E.O: No. 292), particularly Section 14, not hold, or as to whether or not the
Chapter 3. Title I-A, Book V. This provision functions attached to said offices would be
reads: “The chairman of the CSC shall be a primarily related to his duties as
member of the Board of Directors of other Chairperson of the Civil Service Commission
governing bodies of government entities and therefore may be held in an ex officio
whose functions affect the career capacity.
development, employment, status, rights,
privileges, and welfare of government The GSIS, PHILHEALTH, ECC and HDMF are
officials and employees… “A taxpayer vested by their respective charters with
questions the designation of Melchor as ex- various powers and functions to carry out
officio member of the said corporations the purposes for which they were created.
before the Supreme Court based on two (2) While powers and functions associated with
grounds, to wit: (1) it violates the appointments, compensation and benefits
constitutional prohibition on members of the affect the career development, employment
Constitutional Commissions to hold any status, rights, privileges, and welfare of
other office or employment during his government officials and employees, the
tenure; and (2) it impairs the independence GSIS, PHILHEALTH, ECC and HDMF are also
tasked to perform other corporate powers
and functions that are not personnel- HDMF impairs the independence of the CSC.
related. All of these powers and functions, Under Section 17, Article VII of the
whether personnel-related or not, are Constitution, the President exercises control
carried out and exercised by the respective over all government offices in the Executive
Boards of the GSIS, PHILHEALTH, ECC and Branch, An office that is legally not under
HDMF. Hence, when the CSC Chairman sits the control of the President is not part of
as a member of the governing Boards of the the Executive Branch (Funa v. The
GSIS, PHILHEALTH, ECC and HDMF, he may Chairman, Civil Service Commission, G.R.
exercise these powers and functions, which No.191672, November 25, 2014, 612 SCRA
are not anymore derived from his position 308).
as CSC Chairman, such as imposing interest
on unpaid or unremitted contributions,
issuing guidelines for the accreditation of
health care providers, or approving
restructuring proposals in the payment of
unpaid loan amortizations. The CSC
Chairman’s designation as member of the
governing Boards of the GSIS,
PHILHEALTH, ECC and HDMF entities him to
receive per diem, a form of additional
compensation that is disallowed by the
concept of an ex officio position by virtue of
its clear contravention of the proscription
set by Section 2, Article IX-A of the 1987
Constitution. This situation goes against the
principle behind an ex officio position, and
must, therefore, be held unconstitutional.

(2) Apart from violating the prohibition

against holding multiple offices, Melchor’s
designation as member of the governing
Boards of the GSIS, PHILHEALTH, ECC and
2016 POLITICAL LAW BAR EXAM crime and begins to be aimed upon a
particular suspect who has been taken into
I. custody and the questions tend to elicit
incriminating statements (People v. Marra,
The contents of the vault of ABC Company G.R. No. 108494, September 20, 1994, 236
consisting of cash and documents were SCRA 565).
stolen. Paulyn, the treasurer of ABC, was
invited by the Makati City Police Department II.
to shed light on the amount of cash stolen
and the details of the missing documents. Sec. 11, Art. Xll of the Constitution,
Paulyn obliged and volunteered the provides: “No franchise, certificate or any
information asked. Later, Paulyn was other form of authorization for the
charged with qualified theft together with operation of a public utility shall be granted
suspects. Paulyn claims her rights under the except to citizens of the Philippines or to
Constitution and pertinent laws were corporations or associa. tions organized
blatantly violated. The police explained that under the laws of the Philippines at least
they were just gathering evidence when sixty per centur of whose capital is owned
Paulyn was invited for a conference and she by such citizens x x x.” Does the term
was not a suspect at that time. Rule on her “capital” mentioned in the cited section
defense. (5%) refer to the total common shares only, or to
the total outstanding capital stock, or to
SUGGESTED ANSWER both or “separately to each class of shares,
No, the defense of Paulyn is not valid. whether common, preferred non-voting,
When she was invited for questioning by preferred voting or any class of shares?”
the Makati City Police Department and she Explain your answer. (5%)
volunteered information, she was not yet a
suspect. Her constitutional rights of a SUGGESTED ANSWER
person under investigation for the The term “capital” mentioned in Section 11,
commission of an offense under Section Article XII of the Constitution refers to the
12(1), Article Ill of the Constitution begins total outstanding capital stock of public
to operate when the investigation ceases to utilities. The require. ment that at least sixty
be a general inquiry upon an unsolved percent of the capital must be owned by
Filipino citizens applies separately to each Laguna will reduce. Who, between Mayor
class of shares, whether common, Xenon and Governor Yuri, is correct?
preferred, non-voting, preferred voting, or Explain your answer. (5%)
any class of shares. Mere legal title is not
enough. Full beneficial ownership of sixty SUGGESTED ANSWER
percent of the outstanding capital stock is Governor Yuri is correct. All the registered
required (Gamboa v. Teves, G.R. 176579, voters of the Province of Laguna should be
June 28, 2011, 652 SCRA 690). included in the plebiscite. The conversion of
the City of Malumanay into a highly
III. urbanized city will adversely affect the
Province of Laguna and its residents. The
A law converted the component city of territory of the Province of Laguna will be
Malumanay, Laguna into a highly urbanized reduced. Its share in the internal revenue
city. The Local Government Code (LGC) allotment will be reduced, because the
provides that the conversion “shall take population and land area are included as
effect only after it is approved by the basis for determining its share.
majority of votes cast in a plebiscite to be
held in the political units directly affected.” Once the City of Malumanay becomes a
Before the COMELEC, Mayor Xenon of highly urbanized city, the Province of
Malumanay City insists that only the Laguna will no longer share in the taxes
registered voters of the city should vote in collected by the City of Malumanay. The
the plebiscite because the city is the only City of Malumanay will be under the
political unit directly affected by the supervision of the President instead of the
conversion. Governor Yuri asserts that all Province of Laguna. Decisions of the City of
the registered voters of the entire province Malumanay in administrative cases involving
of Laguna should participate in the barangay officials will no longer be
plebiscite, because when the LGC speaks of appealable to the Sangguniang
the “qualified voters therein,” it means all Panlalawigan. The registered voters of the
the voters of all the political units affected City of Malumanay will no longer be entitled
by such conversion, and that includes all the to vote for provincial officials. To limit the
voters of the entire province. He argues plebiscite to the voters of the City of
that the income, population and area of Malumanay would nullify the principle of
majority rule (Umali v. Commission on (B) In its decision which attained finality,
Elections, G.R. No. 203974. April 22, the Court ordered the defendants to clean
2014,723 SCRA 170). up, rehabilitate and sanitize Manila Bay
within eighteen (18) months, and to submit
IV. to the Court periodic reports of their
accomplishment, so that the Court can
Several concerned residents of the areas monitor and oversee the activities
fronting Manila Bay, among them a group of undertaken by the agencies in compliance
students who are minors, filed a suit against with the Court’s directives. Subsequently, a
the Metro Manila Development Authority resolution was issued extending the time
(MMDA), the Department of Environment periods within which the agencies should
and Natural Resources (DENR), the comply with the directives covered by the
Department of Health (DOH), the final decision. A view was raised that the
Department of Agriculture (DA), the Court’s continued intervention after the
Department of Education (DepEd), the cases has been decided violates the
Department of Interior and Local doctrine of separation of powers considering
Government (DILG), and a number of other that the government agencies all belong to
executive agencies, asking the court to the Executive Department and are under
order them to perform their duties relating the control of the President. Is this
to the cleanup, rehabilitation and protection contention correct? Why or why not?
of Manila Bay. The complaint alleges that (2.5%)
the continued neglect by defendants and
their failure to prevent and abate pollution SUGGESTED ANSWER
in Manila Bay constitute a violation of the (A) The assertion that the
petitioners’ constitutional right to life, health students/petitioners who are minors have
and a balanced ecology. no locus standi is erroneous. Pursuant to
the obligation of the State under Section 16,
(A) If the defendants assert that the Article ll of the Constitution to protect and
students/petitioners who are minors do not advance the right of the people to a
have locus standi to file the action, is the balanced and healthful ecology in accord
assertion correct? Explain your answer. with the rhythm and harmony of nature,
(2.5%) minors have standing to sue based on the
concept of intergenerational responsibility may be hereafter directed by the
(Oposa v. Factoran, G.R. No. 101083, July President.”
30, 1993, 224 SCRA 792).
The Malampaya NGO contends that the
(B) The order of the Supreme Court to the provision constitutes an undue delegation of
defendants to clean up, rehabilitate and legislative power since the phrase “and for
sanitize Manila Bay is an exercise of judicial such other purposes as may be hereafter
power, because the execution of its decision directed by the President” gives the
is an integral part of its adjudicative President unbridled discretion to determine
function. Since the submission of periodic the purpose for which the funds will be
reports is needed to fully implement the used. On the other hand, the government
decision, the Supreme Court can issue a urges the application of ejusdem generis.
continuing writ of mandamus to the
Metropolitan Manila Development Authority (A) Explain the “completeness test” and
until full compliance with its order is shown “sufficient standard test.” (2.5%)
(Metropolitan Manila Development Authority (B) Does the assailed portion of section 8 of
v. Concerned Residents of Manila Bay, G.R. PD 910 hurdle the two (2) tests? (2.5%)
Nos. 171947-48, February 15, 2011, 643
SCRA 90). SUGGESTED ANSWER
(A) The completeness test means that the
V. law sets forth the policy to be executed,
carried out or implemented by the delegate
Section 8 of P.D. No. 910, entitled “Creating (Abakada Guro Party List v. Ermita, G.R. No.
an Energy Development Board, defining its 168056, October 18, 2005, 469 SCRA 1).
powers and functions, providing funds The “sufficient standard test” means the law
therefor and for other purposes,” provides lays down adequate guidelines or limitations
that: “All fees, revenues and receipts of the to map out the boundaries of the authority
Board from any and all sources x x x shall of the delegate and prevent the delegate
form part of a Special Fund to be used to from running riot. The standard must
finance energy resource development and specify the limits of the authority of the
exploitation programs and projects of the delegate, announce the legislative policy
government and for such other purposes as and identify the condition under which it is
to be implemented (Abakada Guro Party List VI.
v. Ermita, G.R. No. 168056, October 18,
2005, 469 SCRA 1). Pornographic materials in the form of
tabloids, magazines and other printed
(B) The assailed portion of Presidential materials, proliferate and are being sold
Decree No. 910 does not satisfy the two openly in the streets of Masaya City. The
tests. The phrase “and for such other city Mayor organized a task force which
purposes as may be hereafter directed by confiscated these materials. He then
the President” gives the President unbridled ordered that the materials be burned in
discretion to determine the purpose for public. Dominador, publisher of the
which the funds will be used. An magazine, “Plaything”, filed a suit, raising
infrastructure is any basic facility needed by the following constitutional issues: (a) the
society. The power to determine what kind confiscation of the materials constituted an
of infrastructure to prioritize and fund is a illegal search and seizure, because the
power to determine the purpose of the same was done without a valid search
appropriation and is an undue delegation of warrant; and (b) the confiscation, as well as
the power to appropriate (Belgica v. Ochoa, the proposed destruction of the materials, is
Jr., G.R. No. 208566, November 19, 2013, a denial of the right to disseminate
710 SCRA 1). information, and thus, violates the
constitutional right to freedom of
The assailed provision does not fail under expression. Is either or both contentions
the principle of ejusdem generis. First, the proper? Explain your answer. (5%)
phrase “energy resource development and
exploitation programs and projects of the SUGGESTED ANSWER
government states a singular and general (a) The confiscation of the materials
class. Second, it exhausts the class it constituted an illegal search and seizure,
represents (Belgica v Ochoa, Jr., G.R. No. because it was done without a valid search
208566, November 19, 2013, 710 SCRA 1). warrant. It cannot be justified as a valid
warrantless search and seizure, because
such search and seizure must have been an
incident of a lawful arrest. There was no
lawful arrest (Pita v. Court of Appeals, G.R.
No. 80806, October 5, 1989, 178 SCRA “visual search”. They cannot order the
362). persons riding the vehicle to alight. They
cannot frisk, or conduct a body search of
(b) The argument of Dominador that the driver or the passengers of the vehicle.
pornographic materials are protected by the Ernesto’s lawyer thus posited that:
constitutional right to freedom of expression (A) The search conducted in violation of the
is erroneous. Obscenity is not protected Constitution and established jurisprudence
expression (Fernando v. Court of Appeals, was an illegal search; thus, the gun which
G.R. No. 159751, December 6, 2006, 510 was seized in the course of an illegal search
SCRA 351). Section 2 of Presidential Decree is the “fruit of the poisonous tree” and is
No. 969 requires the forfeiture and inadmissible in evidence. (2.5%)
destruction of pornographic materials (B) The arrest made as a consequence of
(Nograles v. People, G.R. No. 191080, the invalid search was likewise illegal,
November 21, 2011, 660 SCRA 475). because an unlawful act (the search) cannot
be made the basis of a lawful arrest. (2.5%)
VII.
Rule on the correctness of the foregoing
Ernesto, a minor, while driving a motor arguments, with reasons.
vehicle, was stopped at a mobile
checkpoint. Noticing that Ernesto is a minor, SUGGESTED ANSWER
SPO1 Jojo asked Ernesto to exhibit his
driver’s license but Ernesto failed to produce (A) The warrantless search of motor
it. SPO1 Jojo requested Ernesto to alight vehicles at checkpoints should be limited to
from the vehicle and the latter acceded. a visual search. Its occupants should not be
Upon observing a bulge in the pants of subjected to a body search (Aniag, Jr. v.
Ernesto, the policeman frisked him and Commission on Elections, G.R. No. 104961,
found an unlicensed .22-caliber pistol inside October 7, 1994, 237 SCRA 424). The “stop
Ernesto’s right pocket. Ernesto was and frisk rule” applies when a police officer
arrested, detained and charged. At the trial, observes suspicious activity or unusual
Ernesto, through his lawyer, argued that, activity which may lead him to believe that
policemen at mobile checkpoints are a criminal act may be afoot. The “stop and
empowered to conduct nothing more than a frisk” is merely a limited protective search
of outer clothing for weapons (Luz v. (B) The grant of authority to the Barangay
People, G.R. No. 197788, February 29, Chairman to issue a Barangay Protection
2012, 667 SCRA 421), Order (BPO) constitutes an undue
delegation of judicial power, because
(B) Since there was no valid warrantless obviously, the issuance of the BPO entails
search, the warrantless search was also the exercise of judicial power. (2.5%)
illegal. The unlicensed .22 caliber pistol is
inadmissible in evidence (Luz v. People, Rule on the validity of the grounds raised by
G.R. No. 197788, February 29, 2012, 667 Conrado, with reasons.
SCRA 421).
SUGGESTED ANSWER
VIII. (A) The law does not violate the equal
protection clause. It is based on substantial
A law is passed intended to protect women distinctions. The unequal power relationship
and children from all forms of violence. between women and men, the greater
When a woman perceives an act to be an likelihood for women than men to be
act of violence or a threat of violence victims of violence, and the widespread
against her, she may apply for a Barangay gender bias and prejudice against women
Protection Order (BPO) to be issued by the all make for real differences (Garcia v.
Barangay Chairman, which shall have the Drilon, G.R. No. 179267, June 25, 2013,
force and effect of law. Conrado, against 699 SCRA 352).
whom a BPO had been issued on petition of
his wife, went to court to challenge the (B) The grant of authority to the Barangay
constitutionality of the law. He raises the Chairman to issue a Barangay
following grounds:
(A) The law violates the equal protection Protection Order is a purely executive
clause, because while it extends protection function pursuant to his duty to enforce all
to women who may be victims of violence laws and ordinances and to maintain public
by their husbands, it does not extend the order (Garcia v. Drilon, G.R. No. 179267,
same protection to husbands who may be June 25, 2013,599 SCRA 352).
battered by their wives. (2.5%)
IX in full (Republic v. Court of Appeals, G.R.
No. 146587, July 2, 2002, 383 SCRA 611).
The Government, through Secretary
Toogoody of the Department of
Transportation (DOTr), filed a complaint for
eminent domain to acquire a 1,000-hectare (B) With respect to the element of public
property in Bulacan, owned by Baldomero. use, the expropriator should commit to use
The court granted the expropriation, fixed the property for the purpose stated in the
the amount of just compensation, and petition. If not, it is incumbent upon it to
installed the Government in full possession return the property to the owner, if the
of the property. owner desires to reacquire it. Otherwise,
the judgment of expropriation will lack the
(A) If the Government does not immediately element of public use. The owner will be
pay the amount fixed by the court as just denied due process and the judgment will
compensation, can Baldomero successfully violate his right to justice (Mactan-Cebu
demand the return of the property to him? Airport Authority v. Lozada, Sr., G.R. No.
Explain your answer. (2.5%) 176625, February 25, 2010, 613 SCRA 618).
(B) If the Government paid full If the just compensation was not paid
compensation but after two years it within 5 years from finality of judgment, the
abandoned its plan to build an airport on owner is entitled to recover the property
the property, can Baldomero compel the (Republic v. Lim, G.R. No. 161656, June 29,
Government to re-sell the property back to 2005, 462 SCRA 265).
him? Explain your answer. (2.5%)
X.
SUGGESTED ANSWER
(A) If the government does not pay The Philippines entered into an international
Baldomero the just compensation agreement with members of the
immediately, he cannot demand the return international community creating the
of the property to him. Instead, legal International Economic Organization (IEO)
interest should be paid from the time of which will serve as a forum to address
taking of the property until actual payment economic issues between States, create
standards, encourage greater volume of
trade between its members, and settle Commission in its awareness that at the
economic disputes. After the Philippine time the power of the President to conclude
President signed the agreement, the executive agreement was clearly recognized
Philippine Senate demanded that the by at least decisions of the Supreme Court
international agreement be submitted to it establishing the principle that the
for its ratification. The President refused, President’s power includes conclusion of
arguing that it is an executive agreement executive agreements which are valid
that merely created an international without need of Senate concurrence.
organization and it dwells mainly on Hence, logically the Treaty Clause in Section
addressing economic issues among States. 21, Article VII is to be interpreted as
excluding executive agreement
Is the international agreement creating the (Commissioner of Customs v. Eastern Sea
IEO a treaty or an executive agreement? Trading, G.R. No. L-14279, October 31,
Explain. (5%) 1961, 3 SCRA 351; USAFFE Veterans
Association v. Treasurer, G.R. No. L-10500,
SUGGESTED ANSWER June 30, 1959, 105 Phil. 1030).
The agreement creating the International
Economic Organization (IEC) is an executive Moreover, as the Supreme Court has
agreement and not a treaty. In Section 21, pointed out in Pimentel v. Office of the
Article VIl is the only provision of the Executive Secretary (G.R. No. 158088, July
Constitution which defines a “treaty or 6, 2005, 462 SCRA 622), the President has
international agreement” as valid and the sole power to ratify treaties. The Senate
effective law by reason of concurrence of may be able to exercise its authority of
the Senate. However, it is the intendment concurrence only if the President transmits
of the Constitution that such “treaty or the instrument of ratification by which he
international agreement” does not include accepts the terms agreed on by his
executive agreement which therefore is diplomatic negotiators of the proposed
excluded from the Senate’s authority of treaty in question, together with the text of
concurrence over treaties. the proposed treaty, with the request
addressed to the Senate President to ratify
This constitutional intent is expressed in the such proposed treaty as requested by the
proceedings of the Constitutional President. It is only on the basis of the
authority of the President to ratify treaties (B) The United States is not a signatory to
that the Senate may act in concurrence UNCLOS and thus cannot be bound by its
under the Treaty clause of the Constitution. provisions. (2.5%)
Rule on the validity of the defenses raised
XI. by the U.S., with reasons.

The USS Liberty, a warship of the United SUGGESTED ANSWER

States (U.S.), entered Philippine The defenses raised by the U.S.
archipelagic waters on its way to Australia. Government are not valid.
Because of the negligence of the naval
officials on board, the vessel ran aground (A) This defense relies on sovereign
off the island of Palawan, damaging coral immunity from suit as advanced by the U.S.
reefs and other marine resources in the Government. But the suit filed by the
area. Officials of Palawan filed a suit for Officials of Palawan draws its strength from
damages against the naval officials for their Article 30 and 31 of the UN Convention on
negligence, and against the U.S., based on the Law of the Sea (UNCLOS).
Articles 30 and 31 of the United Nations
Convention on the Law of the Sea However, the U.S. defense is defeated by
(UNCLOS). Article 31 provides that the Flag the UNCLOS through the application of
State shall bear international responsibility Article 32 which provides:
for any loss or damage to the Coastal State
resulting from noncompliance by a warship “With such exceptions as are contained in
with the laws and regulations of the coastal sub-section A and in Articles 30 and 31,
State concerning passage through the nothing in this Convention affects the
territorial sea. The U.S. Government raised immunities of warships and other
the defenses that: government ships operated for non-
(A) The Philippine courts cannot exercise commercial purposes. (emphasis added]”
jurisdiction over another sovereign State,
including its warship and naval officials. In reality the supreme relevance of Article
(2.5%). 32 quoted above is actualized by quoting an
existing U.S. government document sourced
from Dispatch Supplement, Law of the Sea
Convention: Letters of Transmittal and importance to the United States. The
Submittal and Commentary, as follows: Convention provides for a universally
recognized formulation of this principle…
“Article 32 provides, in effect that the only Article 32 provides that, with such
rules in the Convention derogating from the exceptions as are contained in subsection A
immunities of warships and government and in Articles 30 and 31… nothing in the
ships operated for non-government Convention affects the immunities of
purposes are those found in Articles 17-26, warships.
30 and 31 (February 1995, Vol. 6,
Supplement No. 1 p. 12). XII.

(8) The U.S. Government turns to the Paragraphs c, d and f of Section 36 of

defense that it is not bound by the UNCLOS Republic Act No. 9165 provide:
for the reason that it is not a State Party or “Sec. 36. Authorized drug testing. x x x The
a signatory. following shall be subjected to undergo
drug testing: X X X C. Students of
However, to be bound by the principle, it secondary and tertiary schools x x x; d.
does not have to be a party to a treaty or Officers and employees of public and
convention. If it has the normative status of private offices x x x;
a customary norm of international law, it is
binding on all states. This appears to be the All persons charged before the prosecutor’s
holding of the principle of immunity of office with a criminal offense having an
warship in question, as upheld by the U.S. imposable imprisonment of not less than 6
years and 1 day;”
Government in the document cited above
(Ibid., at p. 17). It states from the UNCLOS, Petitioners contend that the assailed
thus: portions of Sec. 36 are unconstitutional for
violating the right to privacy, the right
The Convention protects and strengthens against unreasonable searches and seizures
the key principle of sovereign immunity for and the equal protection clause. Decide if
war-ships…Although not a new concept, the assailed provisions are unconstitutional.
sovereign immunity is a principle or of vital (5%)
SUGGESTED ANSWER XIII.
The drug testing of students of secondary
and tertiary schools is valid. Deterring their While Congress was not in session, the
use of drugs by random drug testing is as President appointed Antero as Secretary of
important as enhancing efficient the Department of Tourism (DOT), Benito
enforcement. as Commissioner the Bureau of Immigration
(BI), Clodualdo as Chairman of the Civil
Random drug testing of officers and Service Commission (CSC), Dexter as
employees of public and private offices is Chairman of the Commission on Human
justifiable. Their expectation of privacy in Rights (CHR), and Emmanuel as Philippine
office is reduced. The drug tests and results Ambassador to Cameroon. The following
are kept confidential. Random drug testing day, all the appointees took their oath
is a effective way of deterring drug use and before the President, and commenced to
is reasonable. perform the functions of their respective
offices.
Public officials and employees are required (A) Characterize the appointments, whether
by the Constitution to be accountable at all permanent or temporary; and whether
times to the people and to serve them with regular or interim, with reasons. (2.5%).
utmost responsibility and efficiency. (B) A civil society group, the Volunteers
Against Misguided Politics (VAMP), files suit,
The mandatory testing of all persons contesting the legality of the acts of the
charged before the prosecutor’s office of a appointees and claiming that the appointees
criminal offense punishable with should not have entered into the
imprisonment of at least six years and one performance of the functions of their
day is void. They are not randomly picked respective offices, because their
and are not beyond suspicions. They do not appointments had not yet been confirmed
consent to the procedure or waive their by the Commission on Appointments. Is this
right to privacy (Social Justice Society v. claim of VAMP correct? Why or why not?
Dangerous Drugs Board, G.R. Nos. 157870, (2.5%)
158633 & 161658, November 3, 2008, 570
SCRA 410).
SUGGESTED ANSWER The appointment of Dexter as Chairman of
(A) 1.The appointment of Antero as the Commission on Human Rights is regular
Secretary of Tourism is ad interim, because and permanent upon his acceptance. It is
it is subject to confirmation of the not required to be confirmed by the
Commission on Appointments and was Commission on Appointments. He can start
made while Congress was not in session. He performing his duties upon his acceptance
can start performing his duties upon his (Bautista v. Salonga, G.R. No. 86439, April
acceptance, because it is permanent and 13, 1989, 172 SCRA 160).
cannot be withdrawn after its acceptance
(Matibag v. Benipayo, G.R. No. 149036, The appointment of Emmanuel as
April 2. 2002, 380 SCRA 49). Ambassador to Cameroon is ad interim,
because it is subject to confirmation by the
The appointment of Benito as Commissioner Commission on Appointment (Section 16,
of the Bureau of Immigration is regular and Article Vll of the Constitution).
permanent. It is not required to be
confirmed by the Commission on (B) The claim of VAMP is not correct. The
Appointments. He can start performing his Commissioner of the Bureau of Immigration
duties upon acceptance of the appointment and the Chairman of the Commission on
(Section 16, Article Vll of the Constitution). Human Rights can immediately start
performing their functions upon acceptance
The appointment of Clodualdo as Chairman since they are not required to be confirmed.
of the Civil Service Commission is ad The Secretary of the Department of Tourism
interim, because it is subject to confirmation and the Chairman of the Civil Service
by the Commission on Appointments and Commission, can immediately start
was made while Congress was not in performing their duties upon acceptance,
session. He can start performing his duties since their ad interim appointment is
upon his acceptance of the appointment, permanent.
because it is permanent and cannot be
withdrawn.
XIV. SUGGESTED ANSWER
(A) The reacquisition of Philippine
Onofre, a natural born Filipino citizen, citizenship by Onofre did not automatically
arrived in the United States in 1985. in make his American wife, Salvacion, a
1990, he married Salvacion, a Mexican, and Filipino citizen. Nowhere does Republic Act
together they applied for and obtained No. 9228 provide that the foreign wife of a
American citizenship in 2001. In 2015, the former Filipino citizen who reacquired his
couple and their children-Alfred, 21 years of Filipino citizenship will automatically become
age, Robert, 16, and Marie, 14, who were a Filipino citizen.
all worn in the U.S.-returned to the
Philippines on June 1, 2015, informed that Robert, who is 16 years old, and Marie, who
he could reacquire Philippine citizenship is 14 years old, also became Filipino
without losing his American citizenship, citizens. The unmarried children below
Onofre went home to the Philippines and eighteen (18) years of age, of those who
took the oath of allegiance prescribed under reacquire Philippine citizenship are also
R.A. No. 9225. On October 28, 2015, he deemed citizens of the Philippines (Section
filed Certificate of Candidacy to run in the 4 of Republic Act No. 9225).
May 9, 2016 elections for the position of (B) The lawyer of Congressman Profundo
Congressman in his home province of can ask for the cancellation of the certificate
Palawan, running against re-electionist of candidacy on the ground that he did not
Congressman Profundo. execute an affidavit renouncing his
(A) Did Onofre’s reacquisition of Philippine American citizenship as required by Section
citizenship benefit his wife, Salvacion, and 5(2) of Republic Act No. 9225 and he lacked
their minor children and confer upon them one-year residence in the Philippines as
Filipino citizenship? Explain your answer. required by Section 6, Article VI of the
(2.5%) Constitution.
(B) Before the May 9, 2016 elections,
Profundo’s lawyer filed a Petition to Deny
Due Course or to Cancel the Certificate of
Candidacy against Onofre. What grounds
can he raise in his Petition to support it?
Explain your answer. (2.5%)
XV SUGGESTED ANSWER
The contention must be rejected. The use
Congress passed a bill appropriating P100- of the site temple will not be limited a
billion. Part of the money is to be used for particular religious sect. It will be made
the purchase of a 200-hectare property in available to all religious sects. The
Antipolo. The rest shall be spent for the temporary use of public property for
development of the area and the religious purposes without discrimination
construction of the Universal Temple for all does not violate the Constitution (Ignacio v.
the World’s Faiths (UTAW-F). When De la Cruz, No. L-6858, May 31, 1956, 99
completed, the site will be open, free of Phil. 346; People v. Fernandez, 40 O.G.
charge, to all religions, beliefs, and faiths, 1089 [1956]).
where each devotee or believer shall be
accommodated and treated in a fair and ALTERNATIVE SUGGESTED ANSWER
equal manner, without distinction, favor, or The contention is meritorious. The state
prejudice. There will also be individual cannot pass laws which aid one religion, all
segments or zones in the area which can be religions, or prefer one religion over another
used for the conduct of whatever rituals, (Emerson v. Board of Education, 330 U.S.A.
services, sacraments, or ceremonials that 1[1947]).
may be required by the customs or
practices of each particular religion. The NOTE: It is recommended that both
President approved the bill, happy in the answers be accepted as correct and be
thought that this could start the healing given full credit.
process of our wounded country and
encourage people of varied and often XVI
conflicting faiths to live together in harmony
and in peace. Jojo filed a criminal complaint against Art
If the law is questioned in the ground that it for theft of a backpack worth P150.00 with
violates Sec. 5, Article Il of the Constitution the Office of the City Prosecutory of Manila.
that “no law shall be made respecting an The crime is punishable with arresto mayor
establishment of religion or prohibiting the to prision correccional in its minimum
free exercise thereof,” how will you resolve period, or not to exceed 4 years and 2
the challenge? Explain. (5%) months. The case was assigned to
Prosecutor Tristan and he applied Sec. 8(a) the constitutionality of Sec. 8(a) of Rule
of Rule 112 which reads: “(a) If filed with 112. Explain. (5%)
the prosecutor. If the complaint is filed
directly with the prosecutor involving an SUGGESTED ANSWER
offense punishable by imprisonment of less The contention of Art is not meritorious.
than four (4) years, two (2) months and The right to be informed of the complaint
one (1) day, the procedure outlined in Sec. and to be given the opportunity to raise
3(a) of this Rule shall be observed. The one’s defenses does not apply to
Prosecutor shall act on the complaint within preliminary investigation. Preliminary
ten (10) days from its filing.” On the other investigation is merely procedural. It may
hand, Sec. 3(a) of Rule 112 provides: “(a) be dispensed with without violating the
The complaint shall state the address of the right of the accused to due process (Bustos
respondent and shall be accompanied by v. Lucero, G.R. No. 2068, October 20, 1948,
affidavits of the complainant and his 81 Phil. 640 (1948]).
witnesses as well as other supporting
documents to establish probable cause. X X XVII
X” Since Sec. 8(a) authorizes the Prosecutor
to decide the complaint on the basis of the (A) Define the archipelagic doctrine of
affidavits and other supporting documents national territory, state its ratio nale; and
submitted by the complainant, Prosecutor explain how it is implemented through the
Tristan did not notify Art nor require him to straight baseline method. (2.5%)
submit a counter-affidavit. He proceeded to (B) Section 2 of RA 9522 declared the
file the Information against Art with the Kalayaan Island Group (KIG) and
Metropolitan Trial Court. Art vehemently Scarborough Shoal as “Regimes of Islands.”
assails Sec. 8(a) of Rule 112 as Professor Agaton contends that since the
unconstitutional and violative of due law did not enclose said islands, then the
process and his rights as an accused under Philippines lost its sovereignty and
the Constitution for he was not informed of jurisdiction over them. Is his contention
the complaint nor was he given the correct? Explain. (2.5%)
opportunity to raise his defenses thereto
before the information was filed. Rule on
SUGGESTED ANSWER Article 47 of the UNCLOS which prescribes
(A) By the term “archipelagic doctrine of among its main elements, as follows:
national territory” is meant that the islands
and waters of the Philippine archipelago are By “joining the outermost points of the
unified in sovereignty, together with “all the outermost islands and drying reefs of the
territories over which the Philippines has archipelago”, including the main islands and
sovereignty or jurisdiction.” an area in which the ratio of the area of the
water to the land, including atolls, is
This archipelagic doctrine, so described between 1 to 1 and 9 to 1.
under Article 1 of the Constitution, draws its
rationale from the status of the whole Mainly, the length of such baselines “shall
archipelago in sovereignty by which under not exceed 100 nautical lines…”
Part IV of the UNCLOS, the Philippines is
defined as an Archipelagic State in Article “The drawing of such baselines shall not
46, thus: depart to any appreciable extent from the
general configuration of the archipelago.”
a) “archipelagic state” means a State
constituted wholly by one or more
archipelagos and may include other islands; (B) The contention Prof. Agaton is not
b) “archipelago” means a group of islands correct at all.
including parts of islands interconnecting
waters and other natural features which are “Regime of islands” is a concept provided in
so closely interrelated that such islands Article 121 of the UNCLOS. It is a definition
waters and other natural features form an of the island as “a naturally formed area of
intrinsic geographic, economic and political land, surrounded by water which is above
entity, or which historically have been water at high tide.” On the other hand, this
regarded as such. provision, is differentiated from “rocks”
which cannot sustain human habitation of
As an archipelagic state, the national their own. The importance of the difference
territory is implemented by drawing its between a natural island and rock is that an
“straight archipelagic baselines” pursuant to island is provided with territorial sea,
exclusive economic zone and continental
shelf, whereas rocks have no exclusive (e) if the official proclaimed as winner and
economic zone and continental shelf. This is assumes office but loses in an election
the difference by which RA 9522 introduced protest. (5%)
into the KIG and separately Panatag or
Scarborough Shoal is an island. “Regime of SUGGESTED ANSWER
Islands”, has no relevance to acquisition or a) In computing the three term limit, only
loss of sovereignty. RA 9522 has the effect the term for which the local official was
of possibly dividing the area in question into elected should be considered. The second
island and rocks, apparently to make clear sentence of Section 8, Article X of the
for each the maritime zones involved in the Constitution states that the voluntary
definition of island or of rocks. renunciation shall not be considered as
interruption of the continuity of the service
XVIII for the full term for which he was elected
(Borja v. Commission on Elections, G.R. No.
Sec. 8, Article X of the 1987 Constitution 133495, September 3, 1998, 295 SCRA
provides that no elective official chall serve 157).
for more than three (3) consecutive terms.
Rule and explain briefly the reason if the b) A mayor who served three consecutive
official is prohibited to run for another term terms and did not seek a fourth term but
in each of the following situations: ran and won in the recall election can serve,
(a) if the official is a Vice-Mayor who because the recall election was not an
assumed the position of Mayor for the immediate reelection (Socrates v.
unexpired term under the Local Government Commission on Elections, G.R. Nos. 154512,
Code; 154683, 155083-84, November 12, 2002,
(b) if the officials has served for three 391 SCRA 547).
consecutive terms and did not seek a 4th
term but who won in a recall election; c) If a municipality in which a mayor served
(c) if the position of Mayor of a town is for three consecutive terms was converted
abolished due to conversion of the town to to a city, he cannot run as city mayor in the
a city; first For purposes of applying the three term
(d) if the official is preventively suspended limit, the office of the municipal mayor
during his term but was exonerated; and should not be considered as different from
that of the city mayor (Latasa v. spouses to enter marital relations under a
Commission on Election, G.R. No. 154829, “Declaration of Pleading Faithfulness.”
December 10, 2003, 417 SCRA 601). Having made such Declaration, she argues
d) the temporary inability of an elective that she cannot be charged with committing
official to exercise his functions due to immoral conduct for she is entitled to free
preventive suspension is not an interruption exercise of religion under the Constitution.
of his term, because it did not involve loss
of title to the office (Aldovino, Jr. V. (A) Is Amelia administratively liable? State
Commission on Elections, G.R. No. 184836, your reasons briefly. (2.5%)
December 23, 2009, 609 SCRA 234).
e) If a candidate was proclaimed for three (B) Briefly explain the concept of
consecutive terms but did not serve it in full “benevolent neutrality.” (2.5%)
because of loss in an election protest he is
not disqualified (Lonzanida v. Commission SUGGESTED ANSWER
on Elections, G.R. No. 135150, July 28, (A) Amelia is not administratively liable.
1999, 311 SCRA 602). There is no compelling state interest that
justifies inhibiting the free exercise of
XIX religious beliefs. The means used by the
government to achieve its legitimate
Fernando filed an administrative complaint objective is not the least intrusive means
against his co-teacher, Amelia, claiming that (Estrada v. Escritor, AM No. P-02-1651,
the latter is living with a married man who June 22, 2006, 492 SCRA 1).
is not her husband. Fernando charged (B) Benevolent neutrality means that with
Amelia with committing “disgraceful and respect to governmental actions,
immoral conduct” in violation of the Revised accommodation of religion may be
Administrative Code and, thus, should not permitted to allow individuals and groups to
be allowed to remain employed in the exercise their religion without hindrance.
government. Amelia, on the other hand, What is sought is not a declaration of
claims that she and her partner are unconstitutionality of the law but an
members of a religious sect that allows exemption from its application (Estrada v.
members of the congregation who have Escritor, AM No. P-02-1651, June 22, 2006,
been abandoned by their respective 492 SCRA 1).
XX Dangerous Drugs Act prohibited plea-
bargaining, Congress defined what should
Under Sec. 5, Article VIII of the be the penalty for the criminal offense. The
Constitution, the Supreme Court shall have power of the Supreme Court to promulgate
the power to “promulgate rules concerning rules of procedure is subject to the
the protection and enforce. ment of limitation that it should not modify
constitutional rights, pleading, practice and substantive rights (Section 5(5), Article VIII
procedure in all courts xxx.” Section 23 of of the Constitution).
R.A. No. 9165 or the Comprehensive
Dangerous Drugs Act of 2002 provides that
” any person charged under any provision
of this Act regardless of the imposable
penalty shall not be allowed to avail of the
provision on plea-bargaining.” Patricio, a
user who was charged with alleged sale of
shabu but who wants to enter a plea of
guilty to a charge of possession, questions
the constitutionality of Sec. 23 on the
ground that Congress encroached on the
rule-making power of the Supreme Court
under Sec. 5, Article VIII. He argues that
plea-bargaining is procedural in nature and
is within the exclusive constitutional power
of the Court. Is Patricio correct? Explain
your answer. (5%)

SUGGESTED ANSWER
Patricio is not correct. Defining the penalty
for a criminal offense involves the exercise
of legislative power (People v. Dacuycuy,
G.R. No. L-45127, May 5,1989, 173 SCRA
90). When Section 23 of the Comprehensive
 separately, and the members includes all
2017 POLITICAL LAW BAR EXAM those within the jurisdiction of the
Congress.
Article XVII: Amendments and Revision
(ii) By Constitutional Assembly,
I. composed of all members of the bicameral
Philippine Congress (Senate and the House
A priority thrust of the Administration is the of Representatives). It is convened by
change of the form of government from Congress to propose amendments to the
unitary to federal. The change can be 1987 constitution. Under Article XVII of the
effected only through constitutional Constitution of the Philippines, amendments
amendment or revision. pass upon a vote of three fourths of all
(a) What are the methods of amending the members of Congress, but it is not clear if
Constitution? Explain briefly each method. the Congress should vote as a single body
(3%) or as separate houses.
(b) Cite at least three provisions of the
Constitution that need to be amended or (iii) Amendments to the Constitution
revised to effect the change from unitary to may likewise be directly proposed by the
federal, and briefly explain why? (3%) people through initiative upon a petition of
at least twelve per centum of the total
Suggested Answers: number of registered voters, of which every
(a) The following are the methods of legislative district must be represented by at
amending the Constitution: least three per centum of the registered
votes therein. No amendment under this
(i) By Constitutional Convention, where section shall be authorized within five years
Article XVII, Section 3 of the Constitution following the ratification of this Constitution
states, "The Congress may, by a vote of nor oftener than once every five years
two-thirds of all its Members, call a thereafter.
constitutional convention, or by a majority
vote of all its Members, submit to the
electorate the question of calling such a
convention." Both houses shall vote
(b) The following Constitutional Article XVI, Section 3: State Immunity from
provisions that should be amended to effect Suit
the change from unitary to federal are:
II.
(i) Section 1, Article II which states,
"The Philippines is a Democratic and A.
Republican State, sovereignty resides in the Under the doctrine of immunity from suit,
people and all government authorities the State cannot be sued without its
emanates from them"; This provision should consent. How may the consent be given by
be amended and the phrase “Democratic the State? Explain your answer. (3%)
and Republican state” should be changed
into Federal Democratic State. B.
The doctrine of immunity from suit in favor
(ii) Section 1, Article VI which states, of the State extends to public officials in the
"The Legislative Department shall be performance of their official duties. May
composed of the House of Senate and the such officials be sued nonetheless to
House of Representatives"; The Bicameral prevent or to undo their oppressive or
composition of the Legislative department illegal acts, or to compel them to act?
should transformed into a Unicameral Explain your answer. (3%)
system.
C.
(iii) Section 1, Article VII which states Do government-owned or -controlled
that, "Executive powers shall be vested to corporations also enjoy the immunity of the
the President"; There shall be a local State from suit? Explain your answer. (3%)
government as may provided by law"; In
this provision, the executive powers should Suggested answers:
reside into a Prime Minister selected from (A) The consent to be sued is given by
the members of the parliament. the State either expressly or impliedly.
There is express consent when there is a
law enacted by the Congress expressly
granting to sue the State or any of its
agencies.
 performance in line with his duty which is
There is implied consent when the State being compelled or prevented thru petition
enters into a private contract, unless the for mandamus or prohibition.
contract is merely incidental to the
performance of a governmental function; (C) Yes. Government-Owned or-
when the State enters into an operation Controlled Corporations enjoy immunity
that is essentially a business operation, from suit as they are regarded as
unless the business operation is merely instruments of the State.
incidental to the performance of a
governmental function; or when the State However, the rule does accept exemptions
sues a private party, unless the suit is such as when the law creating the GOCC
entered into only to resist a claim. provides for its suability or when it enters
into a commercial contract, acts on its
(B) Yes. Although the immunity from proprietary capacity, sues or files a
suit of the State can be extended to public counterclaim , confiscates property in
officials in the performance of their official expropriation, acts thru an agent or gives it
functions and duties, the rule is not consent to be sued.
absolute at all.
Public International Law: Treaty: Pacta sunt
The suit against the government officer servanda, Rebus sic stantibus
must be in a case in which the ultimate
liability will belong to the officer, not to the III.
government. Public officials cannot hid State A and State B, two sovereign states,
under the veil of state immunity for the acts enter into a 10-year mutual defense treaty.
performed in connection with official duties After five years, State A finds that the more
where they have acted ultra vires or where progressive State B did not go to the aid of
there is a showing of bad faith or grave and State A when it was threatened by its
patent negligence. In this case, the public strong neighbor State C. State B reasoned
official may be prevented or ordered to that it had to be prudent and deliberate in
undo the oppressive or illegal act or reacting to State C because of their existing
compelled to perform an act which is legal. trade treaties.
It is not the public official per se but his
(a) May State A now unilaterally withdraw constrains in its enforcement, while rebus
from its mutual defense treaty with State B? sic stantibus demands the unitary
Explain your answer. (2.5%) withdrawal or severance in the enforcement
(b) What is the difference between the of state's treaty obligations, when
principles of pacta sunt servanda and rebus impossibility to comply intervenes. Under
sic stantibus in international law? (2.5%) this principle of international law, if the
(c) Are the principles of pacta sunt servanda change in fundamental circumstance affects
and rebus sic stantibus relevant in the a signatory state, and to comply with the
treaty relations between State A and State treaty provisions would seriously jeopardize
B? What about in the treaty relations its own existence, a withdrawal is allowed
between State B and State C? Explain your because its fundamental right to exist is
answer. (2.5%) stronger than its duty to comply with the
treaty.
Suggested Answers:
(a) State A cannot unilaterally withdraw (c) Yes. State A and B who are both
from its treaty obligations under the signatories to the Mutual Defense Treaty
principle of pacta sunt servanda upon must comply with their treaty agreements
which signatory States who entered in as it is a norm in International law applying
treaty must comply with its obligation in the principle of pacta sunt servanda.
good faith.
State B is also correct in invoking the
However, in invoking the principle of rebus principle of rebus sic stantibus in his
sic stantibus, State A can unilaterally relationship with State A. The principle of
withdraw from its treaty obligation with rebus sic stantibus can be invoked by a
State B, on the ground that in such signatory state in a treaty when there is a
withdrawal from the treaty, State A is vital change in the fundamental
protecting its existence from harm. circumstance, and said change and
circumstance will affect the signatory state
(b) Pacta sunt servanda as generally that for it to continue to comply with his
accepted principle of international law, treaty obligation would seriously jeopardize
requires compliance of treaty obligations of its own existence. Also the change in the
signatory states in good faith irrespective of fundamental circumstance has not been
foreseen by state B during the time it Suggested Answers:
entered into a treaty agreement with state (A) The pardoning power of the
A. President under the 1987 Constitution
includes pardon, amnesty, commutation,
As to the relations between State b and reprieves, remit fines and forfeitures after
State C, both as signatories to their trade conviction by final judgment.
treaties must comply with their treaty
obligations under the principle of pacta (B) Pardon can be granted by the
sunt servanda. However both states cannot President to offending criminals while
invoke the principle of Rebus sic stantibus amnesty may be given to political offenders;
since there is no fundamental change or The former does not requires concurrence
circumstances present that could affect or by the Congress while the latter does;
jeopardize their existence as a sovereign
state. Pardon does not erase the crime committed
but only the penalty and the civil liability
Article VII, Section 19: Pardoning power of attached to it. Amnesty obliterates the
the President effects of the offense hence the grantee is
cleanse from the commission of the offense;
IV.
Finally, pardon is given individually while
A. amnesty is collectively granted.
What is the pardoning power of the
President under *Art. VIII, Sec. 19 of the
Constitution? Is the exercise of the power
absolute? (4%)(*Should have been Article
VII)
B.
Distinguish pardon from amnesty. (4%)
Public International Law: Right of Legation deal more directly and closely with each
a.k.a. Right of Diplomatic Intercourse other in the improvement of their mutual
intercourse.
V.
(a) What is the right of legation, and how is (b) No. Malaysia cannot insist as it is not
it undertaken between states? Explain your a natural or inherent right. The right of
answer. (2%) legation is purely consensual. The
(b) Under this right, may a country like Philippines should give its consent. No legal
Malaysia insist that the Philippines liability is incurred by refusing to send or to
establishes a consulate in Sabah to look receive a diplomatic representative.
after the welfare of the Filipino migrants in
the area? Explain your answer. (2%) Article VII, Section 3:

Suggested Answers: VI.

(a) Right of legation, also known as the A.
right of diplomatic intercourse, refers to the The President appoints the Vice President
right of the State to send and receive as his Administration's Housing Czar, a
diplomatic missions, which enables States to position that requires the appointee to sit in
carry on friendly intercourse. It is not a the Cabinet. Although the appointment of
natural or inherent right, but exists only by the members of the Cabinet requires
common consent. No legal liability is confirmation by the Commission on
incurred by the State for refusing to send or Appointment (CA), the Office of the
receive diplomatic representatives. President does not submit the appointment
Governed by the Vienna Convention on to the CA. May the Vice President validly sit
Diplomatic Relations (1961). in the Cabinet? (2.5%)

The exercise of the right of legation is one Suggested Answer:

of the most effective ways of facilitating and (A) Yes, as it is prescribed under Article
promoting intercourse among nations. VII, Section 3 (2) which states that “The
Through the active right of sending Vice-President may be appointed as a
diplomatic representatives and the passive Member of the Cabinet. Such appointment
right of receiving them, States are able to requires no confirmation.”
 wit: “The funding of Programs, Activities
Article VI, Section 25 (5): Congress’ Power and Projects (PAPs) that are not covered by
of the Purse, cross-border transfers: in re: any appropriation in the General
Araulo vs AquinoG.R. No. 209287, July 1, Appropriations Act (GAA) since
2014 augmentation can only be made from one
existing item to another existing item into
B. the budget.”
The Executive Department has accumulated
substantial savings from its appropriations. However, in a resolution dated February 3,
Needing ₱3,000,000.00 for the conduct of a 2015, the Sc partially granted the Motion for
plebiscite for the creation of a new city but reconsideration filed by the Office of the
has no funds appropriated soon by the Solicitor General and allowed the funding of
Congress for the purpose, the COMELEC PAPs not covered by any appropriation in
requests the President to transfer funds the GAA.
from the savings of the Executive
Department in order to avoid a delay in the Cross-border transfers are illegal as it was
holding of the plebiscite. ruled in the Araullo case where the SC
declared that the cross-border transfers of
May the President validly exercise his power the savings of the executive to augment the
under the 1987 Constitution to transfer appropriations of other offices outside the
funds from the savings of the Executive executive is an unconstitutional act.
Department, and make a cross-border .
transfer of ₱3,000,000.00 to the COMELEC Article VI, Sections 24 and 25: The
by way of augmentation? Is your answer Congress’ Power of the Purse: General
the same if the transfer is treated as aid to Appropriations Act: Limitations:
the COMELEC? Explain your answer. (4%)
VII.
Suggested Answer: Give the limitations on the power of the
(B) In Araullo vs Aquino (GR No. Congress to enact the General
209287, July 1, 2014), the Supreme Court Appropriations Act? Explain your answer.
(SC) declared as unconstitutional the (5%)
following act and practice under the DAP, to
Suggested Answer: preparation of the budget shall be
As an implied limitation, an prescribed by law.
appropriation law in order to be valid must No "riders" or irrelevant provisions shall
be devoted for public purpose. No public be included in the general appropriations
money shall be spent for private gains only. bill.
For example, an appropriation for the The procedure in approving the
construction of roads inside a private appropriations for the Congress shall strictly
subdivision is not allowed. (Pascual vs. follow the same procedure for approving
Secretary of Public Works and appropriations for other departments and
Communications). agencies.
Also, the following are the limitations on Transfer of appropriations shall not be
the power of the Congress to enact the allowed but the President, Senate President,
General Appropriations Act set forth in the Speaker of the House of Representatives,
1987Constitution: Chief Justice and heads of Constitutional
All appropriations bill shall originate from Commissions may be authorized to augment
the House of Representatives. any item in the general appropriations law
Discretionary funds appropriated for for their respective agencies from savings
particular officials shall be disbursed only in other items of their respective
for public purpose to be supported by appropriations.
appropriate vouchers and subject to Prohibition against the use of public
guidelines as may be prescribed by law. funds or property for sectarian purposes.
Special appropriations bill shall specify Old general appropriations act is deemed
the purpose for which it is intended and re-enacted if the Congress fails to pass a
shall be supported by funds actually new general appropriations bill.
available as certified by the National All money collected on any tax levied for
Treasurer, or to be raised by a a special purpose shall be treated as a
corresponding revenue proposal included special fund and paid out for such purpose
therein. only.
The Congress shall not increase the
general appropriations recommended by the
President. Form, content and manner of
Article XII, Section 2: Jure Regalia: Regalian petroleum, and other mineral oils, all forces
Doctrine. of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other
VIII. natural resources are owned by the State.
A bank acquired a large tract of land as the This provision enunciates the Regalian
highest bidder in the foreclosure sale of the Doctrine.
mortgaged assets of its borrower. It May the Government, on the basis of the
appears that the land has been originally Regalian Doctrine enunciated in the
registered under the Torrens system in constitutional provisions, deny the bank its
1922 pursuant to the provisions of the right as owner to the mineral resources
Philippine Bill of 1902, the organic act of the underneath the surface of its property as
Philippine Islands as a colony of the USA. recognized under the Philippine Bill of 1902?
Sec. 21 of the Philippine Bill of 1902 Explain your answer. (5%)
provided that "all valuable mineral deposits
in public lands in the Philippine Islands, Suggested Answer:
both surveyed and unsurveyed, are hereby No. The government may not deny the
declared to be free and open to exploration, mineral right vested upon the bank.
occupation and purchase, and the land in Pursuant to the Philippine Bill of 1902,
which they are found to occupation and therefore, once a mining claim was made or
purchase, by citizens of the United States, a mining patent was issued over a parcel of
or of said Islands." Sec. 27 of the law land in accordance with the relative
declared that a holder of the mineral claim provisions of the Philippine Bill of 1902,
so located was entitled to all the minerals such land was considered private property
that lie within his claim, but he could not and no longer part of the public domain.
mine outside the boundary lines of his The claimant or patent holder was the
claim. owner of both the surface of the land and
The 1935 Constitution expressly prohibited of the minerals found underneath.
the alienation of natural resources except Since the 1902 Philippine Bill recognized
agricultural lands. Sec. 2, Art. XII of the private ownership over the minerals
1987 Constitution contains a similar underneath, the subsequent ratification of
prohibition, and proclaims that all lands of 1935 and 1987 Constitutions cannot take it
the public domain, waters, minerals, coal, away for vested right had already set in.
Public International Law: Treaties: Sec. 21, Art. VII of the Constitution provides
Diplomatic Immunity: Extradition that no treaty or international agreement
proceedings. Article II, Section 2: shall be valid and effective without such
concurrence.
IX.
A. Is the agreement signed by the President
Ambassador Robert of State Alpha effective despite the lack of Senate
committed a very serious crime while he concurrence? Explain your answer. (4%)
headed his foreign mission in the
Philippines. Is he subject to arrest by Suggested Answers:
Philippine authorities? Explain your answer. (A) As a general rule, he is not subject
(3%) to arrest. Being an Ambassador of a foreign
State he is immune from arrest and
B. exempted from criminal prosecution by
Extradition is the process pursuant to a virtue of their diplomatic immunity, which is
treaty between two State parties for the also absolute in nature. Through their
surrender by the requested State to the diplomatic immunity, they are exempted
custody of the requesting State of a fugitive from criminal prosecutions except when the
criminal residing in the former. However, very serious crime relates to crimes against
extradition depends on the application of international law.
two principles - the principle of specialty
and the dual criminality principle. Explain (B) In principle of specialty, a person
these principles. (4%) extradited to the requesting state may be
tried and punished only for the offense for
C. which extradition had been sought and
The President signs an agreement with his granted.
counterpart in another country involving
reciprocity in the treatment of each While in principle of dual criminality, the
country's nationals residing in the other's crime subject of request for extradition
territory. However, he does not submit the must be punishable in both the requesting
agreement to the Senate for concurrence. state and the requested state.
(C) Yes. The agreement entered into by Suggested Answers:
the President is executive agreement which (a) No. The enrolled bill became a law
needs no concurrence of the Senate, not a already. It has to be repealed by a
treaty or international agreement as subsequent law, except when the signature
provided in Sec. 21, Art. VII of the was attained due to fraud or other illegal
Constitution. circumstances which appears that the
enrolled bill is totally different from that
Article VI: Legislative Department: Enrolled which was intended as reflected in the
Bill doctrine: Bill Enactment. journal.
(b) Yes, in this extra ordinary situation,
X. the President may withdraw his signature to
A. avoid constitutional or legal impediment
Under the enrolled bill doctrine, the signing
of a bill by both the Speaker of the House B.
of Representatives and the President of the Sec. 26(2), Art. VI of the Constitution
Senate and the certification by the provides that no bill passed by either House
secretaries of both Houses of Congress that of Congress shall become a law unless it
the bill was passed on a certain date are has passed three readings on separate days
conclusive on the bill's due enactment. and printed copies of it in its final form have
Assuming there is a conflict between the been distributed to the Members of the
enrolled bill and the legislative journal, to House three days before its passage.
the effect that the enrolled bill signed by Is there an exception to the provision?
the Senate President and eventually Explain your answer. (3%)
approved by the President turned out to be
different from what the Senate actually Suggested Answer:
passed as reflected in the legislative journal. (B) Yes, there is an exception to the
(a) May the Senate President disregard the abovementioned provision. When the
enrolled bill doctrine and consider his President certifies the urgency and
signature as invalid and of no effect? necessity of the enactment of a bill into law
(2.5%) to meet a public calamity or emergency or
(b) May the President thereafter withdraw for the advancement of the people, the (1)
his signature? Explain your answer. (2.5%) printing requirement and (2) readings on
separate days may be dispensed. However, Suggested Answer:
this does not guarantee that a bill will be The jurisdiction of the Electoral
passed. It only speeds up the procedure. Tribunal as the sole judge of all contests
relating to the election, returns and
qualifications of its members commences
Artcile VI, Section 17: Jurisdiction of when the said members have already been
Electoral Tribunals. (1) validly proclaimed, (2) taken oath and
(3) assumed office. Here, the jurisdiction of
XI. the COMELEC as the sole judge of all
Sec. 17, Art. VI of the Constitution contests relating to the election, returns and
establishes an Electoral Tribunal for each of qualifications also ceases.
the Houses of Congress, and makes each In the absence of any of the
Electoral Tribunal "the sole judge of all mentioned requisites, the jurisdiction of the
contests relating to the election, returns, COMELEC as the sole judge of all contests
and qualifications of their respective relating to the election, returns and
Members." On the other hand, Sec. 2(1), C qualifications continues.
(Commission on Elections), Art. IX of the In short, pre-proclamation is under
Constitution grants to the COMELEC the the jurisdiction of the COMELEC and it ends
power to enforce and administer all laws after post proclamation of the winning
and regulations "relative to the conduct of candidates.
an election, plebiscite, initiative,
referendum, and recall." Article IX-D, Sec. 2(1):
Considering that there is no concurrence of
jurisdiction between the Electoral Tribunals XII.
and the COMELEC, state when the The Congress establishes by law Philippine
jurisdiction of the Electoral Tribunals begins, Funds, Inc., a private corporation, to
and the COMELEC's jurisdiction ends. receive foreign donations coming from
Explain your answer. (4%) abroad during national and local calamities
and disasters, and to enable the
unhampered and speedy disbursements of
the donations through the mere action of its
Board of Directors. Thereby, delays in the
release of the donated funds occasioned by Article VII, Section 18: Commander-in-Chief
the stringent rules of procurement would be clause: Command Responsibility
avoided. Also, the releases would not come
under the jurisdiction of the Commission on XIII.
Audit (COA). Command responsibility pertains to the
(a) Is the law establishing Philippine Funds, responsibility of commanders for crimes
Inc. constitutional? Explain your answer. committed by subordinate members of the
(3%) armed forces or other persons subject to
(b) Can the Congress pass the law that their control in international wars or
would exempt the foreign grants from the domestic conflicts. The doctrine has now
jurisdiction of the COA? Explain your found application in civil actions for human
answer. (3%) rights abuses, and in proceedings seeking
the privilege of the writ of amparo.
Suggested Answers: (a) What are the elements to be established
(a) No. All GOCCs should be subject to in order to hold the superior or commander
COA regardless of their incorporation. Funds liable under the doctrine of command
received by the government by means of responsibility? (4%)
any of its proprietary act, or through its (b) May the doctrine of command
power of taxation, or through any responsibility apply to the President for the
gratuitous act shall accrue to the national abuses of the armed forces (AFP and PNP)
treasury. All funds accrued to the national given his unique role as the commander-in-
treasury are public funds, subject to the chief of all the armed forces? Explain your
jurisdiction of COA. The Congress are the answer. (4%)
only governmental department vested with
the power of appropriation and such power Suggested Answers:
cannot be delegated to any department or (a) In the decided case of Saez vs
instrumentalities of the government. Macapagal-Arroyo, , citing the decision in
Noriel rodriguez vs Macapagal-Arroyo, G.R.
(b) No. All donations especially foreign No. 191805, November 15, 2011, the
aids/grants cannot be without the following elements must be established to
jurisdiction of COA. to hold someone liable under the doctrine of
command responsibility: (i) The existence of
a superior-subordinate relationship between Article VI, Section 25 (6), and Section 29
the accused as superior and the perpetrator (2)
of the crime as his subordinate; (ii) the
superior knew or had reason to know that XIV.
the crime was about to be or had been To fulfill a campaign promise to the poor
committed; and (iii)the superior failed to folk in a far-flung area in Mindanao, the
take the necessary and reasonable President requested his friend, Pastor Roy,
measures to prevent the criminal acts or to devote his ministry to them. The
punish the perpetrators itself. President would pay Pastor Roy a monthly
stipend of ₱50,000.00 from his discretionary
(b) Yes, the President may be held liable fund, and would also erect a modest house
for the abuses made by the armed forces of worship in the locality in an area of the
under the doctrine command responsibility. latter's choice.
It is stated in the decision held by the Does the President thereby violate any
Supreme Court in the case of Saez vs provisions of the Constitution? Explain your
Macapagal-Arroyo, Gr No. 183533, Sept. answer. (3%)
25, 2012, that “pursuant to the doctrine of
command responsibility, the President, as Suggested Answer:
the Commander-in-Chief of the AFP, can be Yes, the President has violated the
held liable for affront against the petitioners provision under Section 25(6), Article VI of
life, liberty and security as long as the Constitution under which, it provides
substantial evidence exist to show that she that discretionary funds appropriated for
had exhibited involvement in or can be particular officials shall be disbursed only
imputed with knowledge of the violations, for public purpose. The act of the President
or had failed to exercise necessary and in relation to his discretionary funds id an
reasonable diligence in conducting the act of spending for his personal benefit
necessary investigations required under the which is contrary to public interest.
rules.” Also, the President also violated the
provision under Section 29 (2), Article VI of
the Constitution which states that “No
public money or property shall be
appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or be initiated against the same official more
support of any sect, church, denomination, than once within a period of one year."
sectarian institution, or system of religion, What constitutes initiation of impeachment
or of any priest, preacher, minister, or other proceedings under the provision? (3%)
religious teacher, or dignitary as such,
except when such priest, preacher, minister, Suggested Answers:
or dignitary is assigned to the armed forces, (A) Fiscal autonomy signifies the
or to any penal institution, or government independence of judiciary to utilize the
orphanage or leprosarium. ” funds allocated therein. It refers to the
independence of a branch of government to
Article VIII, Section 3: Fiscal Autonomy of utilize the funds allocated to it in order to
the Judiciary. attain its governmental objective.
Article XI, Section 9: Qualifications of
Ombudsman. Fiscal autonomy means that the approved
Article XI, Section 3: Impeachment: annual appropriations of the Judiciary shall
Initiation be released automatically without imposing
any condition before releasing the funds.
XV. Furthermore, in the case of the Judiciary,
A. the Congress is prohibited from reducing
According to Sec. 3, Art. VIII of the the appropriations below the amount
Constitution, the Judiciary shall enjoy fiscal appropriated for them for the previous year.
autonomy. What does the term fiscal
autonomy signify? Explain your answer. (B) No. The Ombudsman is immune
(3%) from suits. The Ombudsman should be
B. ousted first through impeachment to
May a complaint for disbarment against the remove the immunity and only then the
Ombudsman prosper during her disbarment case will go through. For the
incumbency? Explain your answer. (3%) disbarment case to prosper, the
C. Ombudsman must first be removed from
Sec. 3, Art. XI of the Constitution states office via impeachment. (Ombudsman vs.
that "[n]o impeachment proceedings shall CA and Mojica, G.R. No. 146486. March 4,
2005)
An impeachable Officer who is a member of
the Philippine Bar cannot be disbarred
without first being impeached (Jarque v.
Desierto, AC No. 4509)

(C) It is held in the case of Francisco vs

House of Representatives 415 SCRA 44;
G.R. No. 160261; 10 Nov 2003, that an
impeachment complaint is initiated when a
verified complaint is filed and referred to
the Committee on Justice for action.

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