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BARQ&A
2009-2019

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

2020 Edition

CARLO L . CRUZ
Examiner
Political Law and Public International Law
2018 Bar Examinations
 FOREWORD
Philippine Copyright 2020
In this, his tenth work (his third under quaran-
By
tine), this writer, a teacher for a few decades now, took on
the role of a student, a bar candidate fresh from law
CARLO L. CRUZ
school.
He felt it necessary to do this if only to enable him to
All Rights Reserved present his answers to the bar examination questions
featured here properly, and from the proper, and a fair,
Any book without the correlative number and not perspective.
bearing the signature of the author shall be denounced
as proceeding from an illegal source. His manner and method of answering these ques-
tions are offered here not as rules, but as mere sugges-
tions. He has never believed that there has ever existed
any precise formula for answers to bar examination ques-
tions.

Ow He has always maintained though that short and fo-

cused answers, using but simple words in agreement with
each other and placed in proper order, are always best,
especially in light of the fact that examiners plow through
thousands of booklets, and even more answers, in the
most limited time given to them by their chairpersons.
No. 833
Of course, this would be possible only if the questions
were on simple topics. Those that are purely hypothetical
ISBN 978-621-02-1172-6 (such as those on wanantlcss searches and custodial in-
vestigations), or technical (such as those on territory and
citizenship) may require longer answers; but never disser-
tations though.
Published and Printed by

CENTRAL BOOK SUPPLY, INC.

927 Quezon Avenue. Quezon City, Philippines ;
Email: [email protected] ;i 11]

I'i.

.;*
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 At any rate, the bar candidate must exert best ef- The writer's students have heard him say this many ·
forts, always, to. make sure that any examiner must be times, usually when he adjourns his lectures, and after he
able to detect, almost immediately, the point he wishes to shares with them his final words expressing his wish for
make in any and all of his answers. their success.
The answers written here are likewise merely offered He now ends this note with these words and wish for
as suggestions, but are based on the writer's careful as- all who may get to spend a few moments of their time with
sessment of the concepts presented in the questions to this collection.
which they correspond. He presents here as well accept-
able answers, or those which differ from his, in acknowl- Bring it on.
edgment of the reality that all lawyers, and all students,
may have varying perspectives on legal issues.
CARLO L. CRUZ
He has as well in them made references to perti-
nent cases, and supplemented them, whenever appropri- August 11, 2020
ate, with notes which may help the reader in his better
understanding of the precepts relevant to the questions.
The writer did this work with his students foremost
in his mind, and in his heart, as he worked.
It is hoped that they would find this collection of Po-
litical Law and Public International Law bar examination
questions and answers helpful, not only in preparing them
for their test on these subjects, but also in providing them
with the requisite clarity of thought, calm hearts and
greater confidence as they take it.
Bar examinations are always difficult.
But with discipline and diligence and sheer hard
work and, yes, prayer, they can be overcome.

IV
V
 TABLE OF CONTENTS

Page

2009 ················································· 1,

2010 ·································"··············· 44
2011 ..... . 73
2012 121
2013 ..... . ······················································ 183
For my inquisitive Mother
2014 ·························· 216
SALVACION L. CRUZ 2015 ······································ 252
2016 ···················· ... 287
for her questions which I can never answer
2017 ················································································· 321
or shall ever refuse to answer
2018 ··················· 350
with all my love. 2019 ··········· 382
--oOo--

VJ]

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 2009
PART I
I

TRUE or FALSE. Answer TRUE if the state-

ment is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sen-
tences. (5%)

a. A law making "Bayan Ko" the new

national anthem of the Philippines, in lieu of
"Lupang Hinirang," is constitutional.

TRUE.
Under Section 2 of Article XVI of the Constitution,
the Congress may, by law, adopt a new national anthem
which shall be truly reflective and symbolic of the ide-
als, history, and traditions of the people. Such law shall
take effect only upon its ratification by the people in a
national referendum.

b. Under the archipelago doctrine, the

waters around, between, and connecting the
islands of the archipelago form part of the
territorial sea of the archipelagic state.

FALSE.
The Archipelago Doctrine, which is provided for in
·iij Article I of the Constitution, states that the waters,
around, between and connecting the islands of the
~
"
%

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2 POLlTJCAL LAW AND PlJBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 3

archipelago, regardless of their breadth or dimensions, TRUE.

shall form part of the internal waters, and not of the Section 4 [2] of Article XIV of the Constitution pro-
"territorial sea," of the archipelagic state. vides that educational institutions established by reli-
gious groups and mission boards may be wholly-owned
c. A law that makes military service for
by non-Filipinos, or 100% foreign-owned.
women merely voluntary is constitutional.

FALSE. II

Section 4 of Article II of the Constitution authorizes Despite lingering questions about his Filipino
the government to call upon the people to defend the citizenship and his one-year residence in the dis-
State and, in the fulfillment thereof, all citizens, with- trict, Gabriel filed his certificate of candidacy for
out distinction as to gender, may be required, under congressman before the deadline set by law. His
conditions provided by law, to render personal, military opponent, Vito, hires you as lawyer to contest
or civil service. Gabriel's candidacy.
[Acceptable Answer: TRUE. Such a law may be upheld as a
a. Before election day, what action or
reasonable condition in view of what may be considered as substan-
tial distinctions between men and women in terms of personal mili- actions will you institute against Gabriel, and
tary or civil service.] before which court, commission or tribunal
will you file such action/s? Reasons. (2%)
d. A law fixing the passing grade in the
Bar examinations at 70%, with no grade lower I will file with the Commission on Elections a peti-
than 40% in any subject, is constitutional. tion to deny due course to or cancel his certificate of
candidacy under Section 78 of the Omnibus Election
FALSE. Code for purposes of questioning his eligibility in terms
Said law would serve to pre-empt the constitutional of citizenship and residence.
and exclusive prerogative of the Supreme Court to Said petition can be filed for purposes of question-
promulgate rules concerning admission to the practice ing the qualifications of candidates for the House of
of law, under Section 5 [5] of Article VIII of the Consti- Representatives before an election. (Limkaichong v.
tution, and would therefore be violative of the principle COMELEC, C.R. Nos. 178831-32, April 1, 2009)
of separation of powers. (In re Cunanan, 94 Phil. 534)
b. If, during the pendency of such ac-
e. An educational institution 100% for- tion/s but before election day, Gabriel with-
eign-owned may be validly established in the draws his certificate of candidacy, can he be
Philippines. substituted as candidate? If so, by whom and
why? If not, why not? (2%)
4 POl,lTICAL LAW AND PuBLIC INTERNATIONAL_LAW BAR Q & A (2009-2019) 5

Yes, he can be substituted, but only by a person be- so as to make efficacious and successful the conduct of the first na-
longing to, and certified by, the same political party. tional automated election." Said Section 13 provides:

This would be consis:ent with the general provi- SEC. 13. Substitution of Candidates, in case of death,
disqualification or withdrawal of an.other.-If after the last day
sions of Section 77 of the Omnibus Election Code, which for the filing of certificate of candidacy, an official candidate of
would allow such a substitution if, after the last day for a registered political party dies, withdraws or is disqualified
the filing of certificates of candidacy, an official candi- for any cause, he may be substituted by a candidate belonging
date of a registered or acaedited political party dies, to, and nominated by, the same political party. No substitute
withdraws or is disqualified for any cause. shall be allowed for any independent candidate.
The substitute for a candidate who withdrew may file his
Under said law, the substitute candidate nomi- certificate of candidacy as herein provided for the office af-
nated by the political party concerned may file his cer- fected not later than December 14, 2009.
tificate of candidacy for the office affected not later than The substitute for a candidate who died or suffered per-
mid-day of the day of the election. manent incapacity or disqualified by final judgment, may file
his certificate of candidacy up to mid-day of election day. If the
[Note: A candidate who is disqualified under Section 68 can death or permanent disability should occur between the dl'ly
validly be substituted under Section 77 of the OEC because he/she before the election and mid-day of election day, the substitute
remains a candidate until disqualified; but a person whose CoC has candidate may file the certificate with any board of election in-
been denied due course or can:elled under Section 78 cannot be spectors in the political subdivision where he is a candidate, or
substituted because he/she ie never considered a candidate. in the case of a candidate for President, Vice-President or
(Miranda v. Abaya, G.R. No. 136351, July 28, 1999, 311 SCRA 617, Senator, with the Law Department of the Commission on Elec-
cited in De la Cru.z v. Commission on Elections, G.R. No. 192221, tions in Manila.
November 13, 2012 and Talaga v. Commission on Elections, G.R. No.
196804, October 9, 2012)) No person who has withdrawn his candidacy for a posi-
tion shall be eligible as substitute candidate for any other posi-
[Note: Considering that a cancelled CoC does not give rise to a tion after the deadline for filing of certificates of candidacy.]
valid candidacy (Bautista u. Commission on Elections, G.R. No.
133840, November 13, 1998, 29:3 SCRA 480, 493), there can be no [Note: Different deadlines were set to govern the specific cir-
valid substitution of the candidate under Section 77 of the Omnibus cumstances that would necessitate the substitution of a candidate
Election Code. It should be clear, too, that a candidate who does not due to death, disqualification or withdrawal. In case of death or
file a valid CoC may not be validly substituted, because a person disqualification, the substitute had until midday of the election day
without a valid CoC is not considered a candidate in much the same to file the COC. In case of withdrawal, which is the situation at
way as any person who has not filed a CoC is not at all a candidate. bench, the substitute should have filed a COC by December 14, 2009.
(Miranda i:. Abaya, G.R. No. 136351, July 28, 1999, 311 SCRA 617)] (Section 13 ofCOMELEC Resolution 8678 covering the May 10, 2010
Automated Elections, cited in Federico u. Commission on Elections,
G.R. No. 199612, January 22, 2013))
[Note: In Federico u. Commission on Elections (G.R. No.
199612, January 22, 2013), the Supreme Court sustained the legality
of Section 13 of COMELEC Resolution No. 86''8, which prescribed [Note: When Batangas Governor Armando Sanchez died on
different grounds and deadlines for the substitution of candidates, April 27, 2010, Edna withdrew her candidacy as mayor and substi-
and considered it to be within its authority "to prescribe such rules tuted her late husband as gubernatorial candidate for the province
on April 29, 2010. The party actually had the option to substitute
another candidate for Governor aside from Edna. By fielding Edna
6 POLJTJCAL LAW MID PuBLIC lNTERNATIONAL LAW BAR Q & A (2009-2019) 7

as their substitute candidate for Governor, the party knew that she HI
had to withdraw her candidacy for Mayor. Considering that the
deadline for substitution in case of withdrawal had already lapsed,
The Municipality of Bulalakaw, Leyte, passed
no person could substitute her as mayoralty candidate. The sudden
death of then Governor Armando Sanchez and the substitution by Ordinance No. 1234, authorizing the expropria-
his widow in the gubernatorial race could not justify a belated sub- tion of two parcels of land situated in the pobla-
stitution in the mayoralty race. (Federico v. Commission on Elec- cion as the site of a freedom park, and appropriat-
tions, G.R. No. 199612, January 22, 2013)]
ing the funds needed therefor. Upon review, the
Sangguniang Panlalawigan of Leyte disapproved
c. If the action/s instituted should be
the ordinance because the municipality has an
dismissed with finality before the election,
existing freedom park which, though smaller in
and Gabriel assumes office after being pro-
size, is still suitable for the purpose, and to pur-
claimed the winner in the election, can the is-
sue expropriation would be needless expenditure
sue of his candidacy and/or citizenship and
of the people's money. Is the disapproval of the
residence still be questioned? If so, what ac-
ordinance correct? Explain your answer. (2%)
tion or actions may be filed and where? If not,
why not? (2%)
No, the disapproval of the ordinance is not correct
because, under Section 56 (c) of the Local Government
Yes, the issue of the candidacy and/or citizenship
Code, a Sangguniang Panlalawigan may invalidate only
and residence of a congressional candidate who has been
such ordinances or resolutions of a Sangguniang Bayan
proclaimed may stil1 be resolved in a petition for quo
as may be "beyond the power" conferred upon the same.
warranto which can be filed with the House of Repre-
sentatives Electoral Tribunal, which, under the provi- In other words, a Sangguniang Panlalawigan may
sions of Section 17 of Article VI of the Constitution, only determine whether or not the ordinance passed by
shall be the sole judge of all contests relating to the a Sangguniang Bayan is within the authority conferred
election, returns and qualifications of members of the upon it by law. Under Section 19 of the Local Govern-
House of Representatives (and of the Senate). ment Code, a Sangguniang Bayan clearly possesses the
power of eminent domain. (Velazco v. Blas, G.R. No. L-
[Note: Indeed, the issue of citizenship- may be resolved even 30456, July 30, 1982, 115 SCRA 540, 544-545, cited in
beyond the prescriptive period for filing petitions for quo warranto
before the HRET. Citizenship, being a continuing requirement, may
Nloday v. Court of Appeals, G.R. No. 107916 February
be questioned even beyond said period, but then only by the State, 20, 1997)
through its representative designated by statute, usually in direct
proceedings, such as suits for quo warranto. The same principles
Accordingly, the disapproval of the subject ordi-
would be applicable with respect to the constitutional residence nance is incorrect. The Sangguniang Panlalawigan may
requirement for Members of the House of Representatives, which not pass upon the wisdom of said ordinanct:'3.
can likewise be characterized as a continuing qualification. (Lim-
kaiclwng u. COMELEC, G.R. Nos. 178831-32, April 1, 2009)] [Note: "The only ground upon which a provincial board may
declare any municipal resolution, ordinance, or order invalid is when

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 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 9
8

such resolution, ordinance, or order is 'beyond the powers conferred for the subject injuries. Accordingly, the Municipality ,
upon the council or president making the same.' Absolutely no other can be considered as having waived its immunity from
ground is recognized by the law. A strictly legal question is before
the provincial board in its consideration of a municipal resolution, suit.
ordinance, or order. The provincial (board's) disapproval of any reso-
lution, ordinance, or order must be premised specifically upon the V
fact that such resolution, ordinance, or order is outside the scope of
the legal powers conferred by law. If a provincial board passes these
To address the pervasive problem of gam-
limits, it usurps the legislative function of the municipal council or
president. Such has been the consistent course of executive author- bling, Congress is considering the following op-
ity." (Velazco u. Blas, G.R. No. L-30456, July 30, 1982, 115 SCRA t.ions: (1) prohibit all forms of gambling; (2) allow
540, 544-545, cited in Moday u. Court of Appeals, G.R. No. 107916 gambling only on Sundays; (3) allow gambling
February 20, 1997)]
only in government-owned casinos; and (4) re-
move all prohibitions against gambling but im-
IV pose a tax equivalent to 30% on all winnings.
The Municipality of Pinatukdao is sued for a. If Cong"ress chooses the first option
damages arising from injuries sustained by a pe- and passes the corresponding law absolutely
destrian who was hit by a glass pane that fell from prohibiting all forms of gambling, can the law
a dilapidated window frame of the municipal hall. be validly attacked on the ground that it is an
The municipality files a motion to dismiss the invalid exercise of police power? Explain
complaint, invoking state immunity from suit. your answer. (2%)
Resolve the motion with reasons. (3%)
No, the law prohibiting all forms of gambling can-
'I'he motion should be denied. not be considered as an invalid exercise of the police
The injuries sustained by the victim were caused by power.
the apparent negligence of the Municipality in the The tests for a valid exercise of the police power
maintenance of a glass pane from a window frame of its would be that the interests of the public generally, as
municipal hall, or a public building under its control or distinguished from those of a particular class, require
supervision. the exercise of the police power, and the means em-
Under Article 2189 of the Civil Code, provinces, cit- ployed are reasonably necessary for the accomplishment
ies and municipalities shall be liable for damages for the of the purpose and not unduly oppressive upon the indi-
death of, or injuries suffered by, any person by reason of vidual.
the defecLive condition of roads, streeti:-; bridges, public It is respectfully submitted that the subject law ab-
buildings, and other public works under their control or solutely prohibiting all forms of gambling complies with
supervision. This general law constitutes the consent of both tests. (Stone u. Mississippi, 101 US 814; see also
the State, or, in this case, of the Municipality, to be sued
';l

l]
?)
 POLITJCAL LAW AND PlJBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 11
10

U.S. v. Pacis, 31 Phil. 524 [1915), U.S. v. Espiritu-Santo, VI

23 Phil. 610 [1912]; U.S. v. Jason, 26 Phil. 1 [1913]; Peo-
ple v. Chan Hong, 65 Phil. 625 [1938]; U.S. v. Tam- In a criminal prosecution for murder, the
parong, 31 Phil. 321 [1915]); U.S. v. Salaveria, 39 Phil. prosecution presented, as witness, an employee of
102 [1918]) the Manila Hotel who produced in court a video-
tape recording showing the heated exchange be-
b. If Congress chooses the last option tween the accused and the victim that took place
and passes the corresponding law imposing a at the lobby of the hotel barely 30 minutes before
30% tax on all winnings and prizes won from the killing. The accused objects to the admission
gambling, would the law comply with the of the videotape recording on the ground that it
constitutional limitations on the exercise of was taken without his knowledge or consent, in
the power of taxation? Explain your answer. violation of his right to privacy and the Anti-Wire
(2%} Tapping law. Resolve the objection with reasons.
(3%)
It is submitted that said tax measure fulfills the
constitutional requirements that tax laws shall be both The objection should be overruled on the ground
uniform and equitable, as it appears to apply to all win- that the prohibition in the subject law covers only the
nings or prizes from gambling, and is based on the ca- overhearing, intercepting, or recording of private com-
pacity to pay of the winners, who shall be paying, not on munications. (Ramirez v. Court of Appeals, 248 SCRA
the basis of the fruits of their legitimate labor or em- 590 (1995], cited in Navarro u. Court of Appeals, G.R.
ployment, but on the basis of their earnings from their No. 121087, August 26, 1999)
mere participation in games of chance.
It is clear that the "heated exchange" depicted in
The last option, which would provide for a law im- the videotape occurred at the lobby of a hotel. Having
posing a 30% tax on all winnings and prizes won from taken place in a public setting, it cannot be considered
gambling, would likewise comply with the constitutional as a private communication.
limitations on the exercise of the power of taxation,
Moreover, said evidence may likewise not be sup-
which has generally been accepted as an implement for
pressed on the ground of the right to privacy of the ac-
the attainment of a legitimate police objective. (Cruz
cused. The constitutional right to privacy is not absolute
and Cruz, Constitutional Law, 2015 Edition, pages 95-
and may be waived, as in this case, where the accused
97; see Powell u. Pennsylvania, 127 US 678 and Lutz u.
may be considered as having subjected himself to the
Araneta, 98 Phil. 148) security videotape monitoring policies of the Manila
Hotel when he entered the same as a guest:
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 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 13
12

VII (1) when such person has in fact just commit- .

ted, is actually committing, or is attempting to
Crack agents of the Manila Police Anti- commit an offense in his presence
Narcotics Unit were on surveillance of a cemetery (2) when an offense has in fact just been
where the sale and use of prohibited drugs were committed and he has personal knowledge of facts
rumored to be rampant. The team saw a man with indicating that the person to be arrested has com-
reddish and glassy eyes walking unsteadily to- mitted it
wards them, but he immediately veered away
upon seeing the policemen. The team approached (3) when the person to be arrested is a pris-
the man, introduced themselves as peace officers, oner who has escaped from a penal establishment
then asked what he had in his clenched fist. Be- or place where he is serving final judgment or tem-
cause the man refused to answer, a policeman
porarily confined while his case is pending, or has
escaped while being transferred from one confine-
pried the fist open and saw a plastic sachet filled
ment to another.
with crystalline substance. The team then took
the man into custody and submitted the contents A warrantless arrest of a person just because he
of the sachet to forensic examination. The crystal-
had "reddish and glassy eyes" or that he was "walking
line substance in the sachet turned out to be unsteadily towards" the police agents cannot be consid-
shabu. The man was accordingly charged in court. ered as lawful, as he cannot, on the basis of those facts
During the trial, the accused: alone, be considered as falling under any of the situa-
tions stated above.
a. challenged the validity of his arrest;
(2%) and [Acceptable Answer: The warrantless arrest can be upheld con-
sidering that, as stated in the problem, the policemen "were on sur-
b. objected to the admission in evidence veillance of a cemetery where the sale and use of prohibited drugs
,,vere rumored to be rampant" and they saw there the accused," a
of the prohibited drug, claiming that it was
"man with reddish and glassy eyes walking unsteadily towards
obtained in an illegal search and seizure. them" and who "immediately veered away upon seeing the police-
(2%) men." (Manalili u. Court of" Appeals, G.R. No. 113447, October 9,
1997) The fact that he "acted suspiciously and attempted to flee" can
Decide with reasons. ~.,
'.Ir. be considered as valid basis for the policemen validly to stop and
.) frisk him. (Posadas us. Co1trt of" Appeals (G.R. No. 89139, August 2,
a. The arrest was unlawful, not falling under any 1990)]
of the situations covered under Section 5 of Rule 113 of .
!I.' [Note: The 1.vriter acknowledges that the generally accepted
the Rules of Court, which would authorize peace officers

~:~
answers to the foregoing questions are based on the case of lvlanalili
to arrest a person, even without a warrant, to wit - v. Court of Appeals (G.R. No. 113447, October 9, 1997), where a
warrantless arrest, and the subsequent warrantless search and
seizure of the evidence, under circumstances "similar" to those speci-
fied in the problem were upheld. Thus -
.•!.··

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 POL!TJCAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 15
14

"Upon reaching the Kalookan City Cemetery, the police- The writer is of the view though that the iVlanalili case can be
men alighted from their vehicle. They then chanced upon a considered as not applicable in view of the statement in the problem
male person in front of the cemetery who appeared high on to the effect that, in effecting the subject search upon the accused,
drugs. The male person was observed to have reddish eyes and the policeman "pried the fist open and saw a plastic sachet filled
to be walking in a swaying manner. When this male person with crystalline substance." This fact specified in the problem differ-
tried to avoid the policemen, the latter approached him and in- entiates it from the said case.
troduced themselves as police officers. The policemen then
In Manalili, the accused clearly consented to the search. No
asked the male person what he was holding in his hands. The
such consent can be gleaned from the subject problem. It is submit-
male person tried to resist. Pat Romeo Espiritu asked the male
ted that the "prying open of the fist" of the accused, or the use of
person if he could see what said male person had in his hands.
violence upon his person, necessarily invalidates the warrantless
The latter showed the wallet and allowed Pat. Romeo Espiritu
search and seizure.
to examine the same. Pat. Espiritu took the wallet and exam-
ined it. He found suspected crushed marijuana residue inside. Moreover, as explained in the writer's answer (a), the fact that
He kept the wallet and its marijuana contents." the accused simply had "reddish and glassy eyes" as he was "walking
unsteadily towards them," and that "he immediately veered away
The Court further relied in said case on the following tes-
upon seeing the policemen" should not be considered as falling under
timony of the arresting officer - :my of the grounds for a warrantless arrest.]
Q What did you say when you introduced yourselves?
b. The evidence is inadmissible, having been
A \•le asked him what he was holding in his hands, forcibly obtained from the accused without a valid war-
sir. rant prior to or before his lawful arrest, the rule being
Q And what was the reaction of the person when you that there must first be a lawful arrest before a lawful
asked him what he was holding in his hands? warrantless search can be made - the process cannot be
A He tried to resist, sir.
reversed. (People v. Chua Ho San, 308 SCRA 432)

When he tried to resist, what did you do? It is submitted that the search and seizure effected
Q
by the policeman cannot be justified as a valid "stop and
A I requested him if I can see what was he was (sic) frisk" because the accused simply had "reddish and
holding in his hands.
glassy eyes" while "walking unsteadily towards" him.
Q What was the answer of the person upon your re- The man could have just awakened from a deep sleep
·:t
quest'? :j' (hence, the "reddish and glassy eyes") and therefore also
1-m
A He allowed me to examine that something in his ~
1 a bit dizzy. Neither can the fact that he "immediately
hands, sir. veered away upon seeing the policemen," which can be
XXX XXX XXX
considered as but a natural reaction of ordinary persons
l
,:i:
upon seeing a group of policemen, justify the arrest and
Q What was he holding? subsequent search and seizure, as they ca:onot be con-
11
A He was holding his wallet and when we opened it, sidered as creating "a reasonable inference of criminal
there was a marijuana (sic) crushed residue. li activity which would constitute a 'genuine reason' to

I
 BAR Q & A (2009-2019) 17
16 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW

conduct a 'stop and frisk' search." (See Comerciante v. and Exchange Commission (SEC), and the Gover- ,
People, G.R. No. 205926, July 22, 2015) nor of the Bangko Sentral ng Pilipinas (BSP)" On
the date set for the hearing, only the SEC Com-
Neither could the same have been validly seized on
missioners appeared, prompting Congressman
the basis of the "plain view doctrine," which requires for
Nonoy to move for the issuance of the appropri-
its applicability, among others, that the discovery of the
ate subpoena ad testificandum to compel the at-
evidence in plain view is inadvertent. (Revaldo v. Peo-
tendance of the invited resource persons.
ple, G.R. No. 170589, April 16, 2009) It is emphasized
that the evidence obtained and sought to be admitted The IUB officials filed suit to prohibit HCGG
against the accused was seized after forcibly opening his from proceeding with the inquiry and to quash
closed palm or prying open his fist. the subpoena, raising the following arguments:

[Acceptable Answer: The evidence is admissible, having been a. The subject of the legislative investi-
obtained on the basis of a valid "stop and frisk search." It must be gation is also the subject of criminal and civil
noted that the policemen were on a legitimate surveillance operation
in a place "w::iere the sale and use of prohibited drugs were rumored actions pending before the courts and the
to be rampant." The fact that the accused had "reddish and glassy prosecutor's office; thus, the legislative in-
eyes walking unsteadily towards them" and that "he immediately quiry would preempt judicial action; (3%) and
veered away upon seeing the" policemen necessarily justified the
latter in conducting the stop and frisk search. (Manalili v. Court of b. Compelling the IUB officials, who are
Appeals, G.R. No. 113447, October 9, 1997)] also respondents in the criminal and civil
cases in court, to testify at the inquiry would
VUI violate their constitutional right against self-
incrimination. (3%)
Congressman Nonoy delivered a privilege
speech charging the Intercontinental Universal Are the foregoing arguments tenable?
Bank (IUB) with the sale of unregistered foreign Reasons.
securities, in violation of R.A. 8799. He then filed,
a. This contention is untenable.
and the House of Representatives unanimously
approved, a Resolution directing the House It is established that the mere filing of a criminal,
Committee on Good Government (HCGG) to con- civil or administrative action before a court or quasi-
duct an inquiry on the matter, in aid of legisla- judicial body, as the case may be, should not automati-
tion, in order to prevent the recurrence of any cally bar the conduct of a legislative inquiry. (Standard
similar fraudulent activity. Chartered Bank v. Senate Committee on Banks, Finan-
cial Institutions and Currencies, G.R. No. 167173, De-
The HCGG immediately scheduled a hearing cember 17, 2007)
and invited the responsible officials of IUB, the
Chairman and Commissioners of the Securities
18 POLITlCAL LAW AND PuBLIC lNTERl"l'ATIONAL LAW BAR Q & A (2009-2019) 19

For the subpoena to be validly quashed, there must Only the President may be exempted from the
be a showing that no legislation was apparently being power of the Congress to conduct legislative inquiries.
contemplated in connection with said investigation. The only way for the Governor of the BSP to exempt
CBengzon u. Senate Blue Ribbon Committee, 203 SCRA himself therefrom is by a valid claim of executive privi-
767) lege done or invoked by the President, or under his ex-
b. Neither may the right against self-incrimination press and unequivocal authorization. (Senate u. Ermita,
G.R. No. 169777, April 20, 2006)
be validly invoked by the IUB officials for purposes of
quashing the subject subpoena.
IX
The right against self-incrimination, although ex-
tended to respondents in administrative investigations Warlito, a natural-born Filipino, took up per-
(including witnesses in legislative inquiries) that par- manent residence in the United States, and even-
take of the nature of or are analogous to criminal pro- tually acquired American citizenship. He then
ceedings, may not properly be invoked by the IUB offi- married Shirley, an American, and sired three
cials since they neither stand as accused in a criminal children. In August 2009, Warlito decided to visit
case nor will they be subjected by the HCGG to any the Philippines with his wife and children:
penalty by reason of their testimonies. Hence, they can- Johnny, 23 years of age; Warlito, Jr., 20; and
not altogether decline from appearing before the HCGG, Luisa, 17.
although they may invoke this right when a question
calling for an incriminating answer is propounded. While in the Philippines, a friend informed
(Standard Chartered Bank u. Senate Committee on him that he could reacquire Philippine citizen-
Banks, Financial Institutions and Currencies, G.R. No. ship without necessarily losing U.S. nationality.
167173, December 17, 2007, citing Bengzon v. Senate Thus, he took the oath of allegiance required un-
Blue Ribbon Committee, G.R. No. 89914, November 20, der R.A. 9225.
1991, 203 SCRA 767, 784)
a. Having reacquired Philippine citi-
c. May the Governor of the BSP validly zenship, is Warlito a natural-born or a natu-
invoke executive privilege and, thus, refuse to ralized Filipino citizen today? Explain your
attend the legislative inquiry? Why or why answer. (3%)
not? (3%)
Warlito is today to be considered a natural-born,
The Governor of the BSP may not validly invoke and not just a naturalized, Filipino.
executive privilege and refuse to attend the legislative
inquiry. Natural-born Filipinos' who re-acquire their Fili-
pino citizenship under the provisions of RA 9225 are
restored to their natural-born status for they "are
 F'OLJTICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 21
20

deemed not to have lost" their Philippine citizenship It is submitted that Shirley can be considered also
when they avail themselves of the dual citizenship privi- as a Filipino citizen upon Warlito's regaining of his Phil-
lege provided for under said law. (Section 2; Re: Applica- ippine citizenship under the provisions of R.A. No. 9225.
tion for Admission to the Philippine Bar. Vicente D. As noted earlier, under Section 2 of R.A. No 9225,
Ching, Bar Matter No. 914, October 1, 1999, 316 SCRA natural-born Filipinos who re-acquire their Filipino
1, 7-8) Moreover, it is established· that a natural born citizenship thereunder are restored to their natural-
citizen who is naturalized as an American, shall, upon born citizenship status and "are deemed not to have
repatriation, be considered a natural born citizen again. lost" their Philippine citizenship when they avail them-
(Bengson u. House of Representatives Electoral Tribunal, selves of the dual citizenship privilege provided for un-
357 SCRA 545) der said law. In other words, the effect of their re-
It may further be pointed out that RA 9225 is a re- acquisition of their natural-born Philippine citizenship
patriation statute which has been described as an "ab- can be said to retroact to the date of their loss of the
breviated repatriation process that restores one's Fili- same with their naturalization in another country. (See
pino citizenship," (Sobejana-Condon v. COMELEC, 692 David v. Agbay, G.R. No. 199113, March 18, 2015)
Phil. 407\ and under which "the repatriation of the Under Section 15 of Commonwealth Act No. 473,
former Filipino will allow him to recover his natural- any woman who is now or may hereafter be married to a
born citizenship." (Tabasa v. Court of Appeals, 531 Phil. citizen of the Philippines, and who might herself be
407) It is significant that, in Parreno v. Commission on lawfully naturalized shall be deemed a citizen of the
Audit (551 Phil. 368), the Supreme Court categorically Philippines.
ruled that if a natural-born Filipino who had in the
meamime lost his citizenship by reason of his naturali- In Moya Lim Yao v. Commissioner of Immigration
zatioc in another country "reacquires his Filipino citi- (G.R. No. L-21289, October 4, 1971), this provision was
zenship (under RA 9225), he will recover his natural- interpreted to mean that an alien woman marrying a
born citizenship." (See Poe-Llamanzares u. Commission Filipino, native-born or naturalized, becomes ipso facto
on Elections, G.R. Nos. 221697 & 221698-700, March 8, a Filipina provided she is not disqualified to be a citizen
2016) of the Philippines under Section 4 of the same law.
Likewise, an alien woman married to an alien who is
b. With Warlito having regained Philip- subsequently naturalized here follows the Philippine
pine citizenship, will Shirley also become a citizenship of her husband the moment he takes his
Filipino citizen? If so, why? If not, what oath as Filipino citizen, provided she does not suffer
would be the most speedy procedure for from any of the disqualifications under said Section 4.
Shirley to acquire~Philippine citizenship? Ex- Therefore, in view of the fact that Warlito, because
plain. (3%) of the retroactive effect of his re-acquisition of his Phil-
ippine citizenship under the provisions of R.A. No. 9225

I in or after 2009, can be considered as a Filipino at the

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22 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 23

time that he married Shirley, the latter can also be con- asked in the 2009 Political Law Bar Examination. Thus, it was
clarified in said case that -
sidered as a Filipino citizen, following the ruling in
Moya Lim Yao. In fine, for those who were naturalized in a foreign country,
they shall be deemed to have re-acquired their Philippine citizenship
This would be true even if Warlito's re-acquisition which was lost pursuant to CA 63, under which naturalization in a
of his natural-born Philippine citizenship were to be foreign country is one· of the ways by which Philippine citizenship
given only prospective effect, or would be effective only may be lost. As its title declares, RA. 9225 amends CA 63 by doing
away with the provision in the old law which takes away Philippine
after he takes his citizenship oath under RA 9225 in citizenship from natural-born Filipinos who become naturalized
2009, because the rule, as prescribed in said Section 15 citizens of other countries and allowing dual citizenship, and also
of CA 473 and affirmed in Moya Lima Yao, is that an provides for the procedure for re-acquiring and retaining Philippine
alien woman married to an alien who is subsequently citizenship. In the case of those who became foreign citizens after
R.A. 9225 took effect, they shall retain Philippine citizenship despite
naturalized here follows the Philippine citizenship of having acquired foreign citizenship provided they took the oath of
her husband the moment he takes his oath as Filipino allegiance under the new law. (David u. Agbay, G.R. No. 199113,
citizen, provided she does not suffer from any of the March 18, 2015)]
disqualifications under said Section 4. [Acceptable Answer: No, Shirley will not also becom.e a Filipino
citizen upon Warlito's re-acquisition of Filipino citizenship under the
Accordingly, consistent with the pronouncements of
provisions of R.A. No. 9225. Under Section 4 of said law, derivative
the Supreme Court in the Moya Lim Yao case, the pro- citizenship shall be extended only to the unmarried child, whether
cedure for an alien wife to formalize the conferment of legitimate, illegitimate or adopted, below eighteen (18) years of age,
Filipino citizenship upon her would be for the alien of those who re-acquire Philippine citizenship thereunder.]
woman to file a petition for the cancellation of her alien
certificate of registration alleging, among other things, c. Do the children - Johnny, Warlito
that she is married to a Filipino citizen and that she is Jr., and Luisa - become Filipino citizens
not disqualified from acquiring her husband's citizen- with their father's reacquisition of Philippine
ship pursuant to Section 4 of Commonwealth Act No. citizenship? Explain your answer. (3%)
473, as amended. Upon the filing of said petition, which
should be accompanied or supported by the joint affida- Under Section 4 of RA 9225, derivative citizenship
vit of the petitioner and her Fi1ipino husband to the sha11 be extended only to the unmarried child, whether
effect that the petitioner does not belong to any of the legitimate, illegitimate or adopted, below eighteen (18)
groups disqualified by the cited section from becoming years of age, of those who re-acquire Philippine citizen-
naturalized Filipino citizen, the Bureau of Immigration ship thereunder.
conducts an investigation and thereafter promulgates Therefore, only Luisa, Warlito's minor child who is
its order or decision granting or denying the petition. seventeen years old, or was a minor at the time of his
reacquisition of Philippine citizenship, assuming she is
[Note: The foregoing· answer is essentially based on the pro-
nouncements of the Supreme Court in the case of David v. Agbay, unmarried or single, shall be deemed a citizen of the
which was decided more than four years after this question was Philippines.

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24 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 2.5

Jo~1nny, who is 23 years old, and Warlito, Jr., who from the service. The government party appealing must
is 20 years old, are not covered by said provision. be one that is prosecuting the administrative case
against the respondent. Otherwise, an anomalous situa-
X tion will result where the disciplining authority or tri-
bunal hearing the case, instead of being impartial and
Maximino, an employee of the Department of detached, becomes an active participant in prosecuting
Education, is administratively charged with dis- the respondent. (Mathay, Jr. v. Court of Appeals, 378
honesty and gross misconduct. During the formal Phil. 466 [1999); The National Appellate Board of the
investigation of the charges, the Secretary of National Police Commission, G.R. No. 153624, October
Education preventively suspended him for a pe- 24, 2008; Office of the Ombudsman v. Liggayu, G.R. No.
riod of sixty (60) days. On the 60th day of the pre- 174297, June 20, 2012)
ventive suspension, the Secretary rendered a ver-
dict, finding Maximino guilty, and ordered his b. If the SC affirms the CA decision, is
immediate dismissal from the service. Maximino entitled to recover back salaries
corresponding to the entire period he was out
Maximino appealed to the Civil Service
of the service? Explain your answer. (3%)
Commission (CSC), which affirmed the Secre-
tary's decision. Maximino then elevated the mat- No, Maximina is not entitled to recover back sala-
ter to the Court of Appeals (CA). The CA reversed ries corresponding to the entire period that he was out
the CSC decision, exonerating Maximino. The of service. Specifically, he is not entitled to recover his
Secretary of Education then petitions the Su- salaries for the period during which he was under pre-
preme Court (SC) for the review of the CA deci- ventive suspension (pending investigation) for sixty
sion. clays. (Gloria v. Court of Appeals, 306 SCRA 287)
a. Is the Secretary of Education a He is however entitled to back salaries correspond-
proper party to seek the review of the CA de- ing to the period of his preventive suspension pending
cision exonerating Maximino? Reasons. (2%) appeal, i.e., from the implementation of the order of
dismissal by the Secretary of Education until his exon-
N1), the Secretary of Education cannot be consid- eration by the Supreme Court, considering that the con-
ered as a proper party to seek the review of the Court of ditions for his entitlement to said back salaries would
Appeals decision exonerating Maximina. have been met, to wit: a) the employee must be found
innocent of the charges and b) his suspension must be
This would be consistent with the rule to the effect
unjustified. (Bangalisan u. CA, 342 Phil. 586 [1997],
that the government pariy that can appeal is not the
cited in Civil Service Commission v. Cruz, G.R. No.
disciplining authority or tribunal which previously
187858, August 9, 2011)
heard the case and imposed the penalty of dismissal

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26 POIJTICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 27

An employee of the civil service who is ordered re-

instated is also entitled to foe full payment of his or her PART II
backwages during the entire period of time that he or
she was wrongfully prevented from performing the du- XI
ties of his or her position and from enjoying its benefits.
(Campol u. Balao, G.R. No. 197634, November 28, 2016) TRUE or FALSE. Answer TRUE if the state-
ment is true, or FALSE if the statement is false.
Indeed, he should be paid his back salaries and Explain your answer in not more than two (2) sen-
other benefits for the entire time that he should have tences. (5%)
been automatically reinstated at the rate owing to his
position that he last received prior to his preventive a. Aliens are absolutely prohibited from
suspension. (Baculi u. Office of the President, G.R. No. owning private lands in the Philippines.
188681, March 8, 2017)
FALSE.
[Note: "An employee who is exonerated is not entitled to the
payment of his salaries because his suspension, being authorized by Under Section 7 of Article XII of the Constitution,
law, cannot be unjustified. To be entitled to such compensation, the a.hens may acquire private lands by hereditary succes-
employee must not only be found innocent of the charges but his sion.
suspension must likewise be unjustified. But though an employee is
considered under preventive suspension during the pendency of his & Moreover, Under Section 8, also of Article XII, a
appeal in the event he wins, his suspension is unjustified because Ji natural-born citizen of the Philippines who has lost his
what the law authorizes is preventive suspension for a period not
exceeding 90 days. Beyond that period the suspension is illegal.
1:ti Philippine citizenship may be a transferee of private
Hence, the employee concerned is entitled to reinstatement with full ·:~ lands, subject to limitations provided by law.
pay." (Miranda v. Commission on Audit, 200 SCRA 657 [1991], at
662 [1991], citing Gabriel v. Domingo, 189 SCRA 672 (1990]; Rubio :Ii; h. A de facto public officer is, by right,
v. PHHC, 185 SCRA 656 (1990]; Gementiza v. Court of Appeals, 113 ·=::

SCRA 477 [1982]; Balquiedra v. CFI of Capiz, 80 SCRA 123 [1977]; t entitled to receive the salaries and emolu-
.o:
Cristobal v. Melchor, 78 SCRA 175 [1977), cited in Gloria v. Court of -~&' ments attached to the public office he holds.
Appeals, G.R. No. 131012, April 21, 1999, 306 SCRA 287; see also 1H·
Trade and In.vestment Development Corporation of the Philippines v. t~ FALSE.
Manalang-Demigilio, G.R. No. 176343, September 18, 2012)]
As a general rule, the de facto officer is not entitled
as a matter of right to a salary and other compensation
for services rendered by him as such. He may, however,
collect said salar:ies as such if he assumes his office in
good faith (Rodriguez v. Tan~ 91 Phil. 724; Menzon u.
Petilla, 197 SCRA 251) and there is no de Jure officer
claiming title to the office. (Patterson v. Benson, 112
Pac. 32)

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 BAR Q & A (2009-2019) 29
28 POLJTJCAL LAW A.ND PlJBLIC INTERNATIONAL LAW

c. The President exercises the power of generally considered to be the result of an individual's
control over all executive departments and volition. (Mercado v. Manzano, 307 SCRA 630; AASJS
agencies, including government-owned or fAdvocates and Adherents of Social Justice for School
controlled corporations. Teachers and Allied Workers] v. Datumanong, G.R. No.
160869, May 11, 2007)
TRUE.
XII
Under Section 17 of Article VII of the Constitution,
the Presiden::. shall have control of all the executive de-
William, a private American citizen, a univer-
partments, bureaus, and offices.
sity graduate and frequent visitor to the Philip-
d. Decisions of the Ombudsman impos- pines, was inside the U.S. embassy when he got
ing penalties in administrative disciplinary into a heated argument with a private Filipino
cases are merely recommendatory. citizen. Then, in front of many shocked witnesses,
he killed the person he was arguing with. The
FALSE. police came, and brought him to the nearest po-
lice station. Upon reaching the station, the police
The Ombudsman's decisions imposing penalties for investigator, in halting English, informed William
disciplinary action are not merely recommendatory but of his Miranda rights, and assigned him an inde-
are actually mandatory. (Office of the Ombudsman v. pendent local counsel. William refused the ser-
Court of Appeals and Armilla,, G.R. No. 160675, June vices of the lawyer, and insisted that he be as-
16, 2006; Esta.rija v. Ranada, G.R. No. 159314, June 26,
sisted by a Filipino lawyer currently based in the
2006, 492 SCRA 652; Office of the Ombudsman v.
U.S. The request was denied, and the counsel as-
Santiago, G.R. No. 161098, September 13, 2007; Repub-
signed by the police stayed for the duration of the
lic of the Philippines v. Bajao, G.R. No. 160596, March 20, investigation.
2009)
William protested his arrest.
e. Dual citizenship is not the same as
dual allegiance. ·u:
a. He argued that since the incident
'.'<
took place inside the U.S. embassy, Philippine
EB
TRUE. .;;; courts have no jurisdiction because the U.S.
-~
Dual citizenship can be considered as different from {' embassy grounds are not part of Philippine
dual allegiance. While dual citizenship may be involun- territory; thus, technically, no crime under
tary, as in the case of a person born of parents whose Philippine law was committed. Is William cor-
country folkws the jus sanguinis principle in a country rect? Explain your answer. (3%)
which adopts the jus soli principle, dual allegiance is
Williams is not correct.

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30 POLITICAL LAW A..1''D PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 31

It is established that Philippine courts have juris- in the U.S. Said request, which was patently impracti- .
diction over acts done even within said U.S. embassy cable, was correctly addressed by the police who instead
grounds because the "ground occupied by an embassy is assigned a lawyer to assist him for the duration of the
not in fact the territory of the foreign State to which the investigation.
premises belong through possession or ownership. The
lawfulness or unlawfulness of acts there committed is c. If William applies for bail, claiming
determined by the territorial sovereign." (2 Hyde, Inter- that he is entitled thereto under the "interna-
national Law Chiefly as Interpreted and Applied by the tional standard of justice" and that he comes
United States, pp. 1285-1286 (1947), cited in Reagan v. from a U.S. State that has outlawed capital
Commissioner of Internal Revenue, G.R. No. L-26379, punishment, should William be granted bail
December 27, 1969) as a matter of right? Reasons. (3%)
b. He also claimed that his Miranda No, he is not entitled to bail as a matter of right.
rights were violated because he was not given
the lawyer of his choice; that being an Ameri- Article III, Section 13 of the Constitution provides
can, he should have been informed of his that a1l persons, except those charged with offenses
rights in proper English; and that he should punishable by reclusion perpetua when evidence of guilt
have been informed of his rights as soon as he is strong, shall, before conviction, be bailable. Therefore,
was taken into custody, not when he was al- assuming that his offense is punishable by reclusion
perpetua and the evidence of his guilt is strong, his peti-
ready at the police station. Was William de-
tion for bail may be properly denied.
nied his Miranda rights? Why or why not?
(3%) His reliance on the "international standard of jus-
tice" in support of his petition for bail cannot take
No, William cannot claim that his "Miranda rights" precedence over our municipal rules on the matter, for it
were violated. is settled that, in case of a conflict between a principle of
The rule is that a person under investigation for an international law and a municipal requirement, the
offense shall have the right to be informed of his right to latter should be made to prevail. (Ichong v. Hernandez,
101 Phil. 1155)
remain silent and to have competent and independent
counsel, preferably of his own choice, prior to any ques- Indeed, there is no showing that our constitutional
tioning (Miranda v. Arizona, 384 US 436 [1966]), and
not necessarily upon his arrest.
i; rule on entitlement to bail as a matter of right is in con-
flict or not compliant with the "international standard of
Moreover, even if he was informed of his rights in :11;~. justice" invoked or claimed by William.
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"halting" English, the essential thing is that he under-

stood the same, as evidenced by his rather unreasonable "i
request to be assisted by his Filipino lawyer then based
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32 POLJTJCAL LAW A.."ID Pl.JBLIC INTERNATIONAL LAW BARQ&A(2009-2019) 33

XIII tify the exercise of the right of self-defense under this

article suggests that forcible measures may be taken by
A terrorist group called the Emerald Brigade a state only in the face of "a necessity of self-defense
is based in the State of Asyaland. The government instant, overwhelming and leaving no choice of means
of Asyaland does not support the terrorist group, and no moment for deliberation." (Caroline, 1 Whart,
but being a poor country, is powerless to stop it. Sec. 50, cited in Cruz al).d Cruz, International Law, 2020
Edition, page 138)
The Emerald Brigade launched an attack on
the Philippines, firing two missiles that killed It is submitted that these conditions were present
thousands of Filipinos. It then warned that more i.n the situation presented.
attacks were forthcoming. Through diplomatic
channels, the Philippines demanded that Asya- [Acceptable Answer: No, the Philippines' limited action against
the private terrorist group located in Asyaland cannot be considered
land stop the Emerald Brigade; otherwise, it will as justified under the international law principle of "self-defense."
do whatever is necessary to defend itself. Mere apprehended danger or any direct threat to the state does not,
by itself alone, warrant the employment by that state of any force
Receiving reliable intelligence reports of an- against a suspected or potential enemy. (Caroline, 1 Whart, Sec. 50,
other imminent attack by the Emerald Brigade, cited in Cruz and Cruz, International Law, 2020 Edition, page 138)]
and it appearing that Asyaland was incapable of
preventing the assault, the Philippines sent a · b. As a consequence of the foregoing in-
crack commando team to Asyaland. The team cident, Asyaland charges the Philippines with
stayed only for a few hours in Asyaland, suc- violation of Article 2.4 of the United Nations
ceeded in killing the leaders and most of the Charter that prohibits "the threat or use of
members of the Emerald Brigade, then immedi- force against the territorial integrity or po-
ately returned to the Philippines. litica] independence of any State." The Phil-
ippines counters that its commando team nei-
a. Was the Philippine action justified ther took any territory nor interfered in the
under the international law principle of "self- political processes of Asyaland. Which con-
defense"? Explain your answer. (3%) tention is correct? Reasons. (3%)

Yes, the Philippines' limited action against the pri- Asyaland's claim that the Philippines violated Arti-
vate terrorist group located in Asyaland can be consid- cle 2.4 of the United Nations Charter is without merit.
ered as justified under the international law principle of The limited self-defense measure or action taken by
"self-defense."
! the Philippines against the 'E,;merald Brigade was, as
Article 51 of the Charter of the United Nations ac- ~~ stressed earlier, clearly undertaken only against the
knowledges the inherent right of individual or collective i forces of this private terrorist group, and did not result
self-defense. The presence of an "armed attack" to jus- in any real prejudice to Asyaland. It bears emphasis

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34 POLITICAL LAW AND PlIBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 35

that the Philippines undertook said measures only after Although "terrorism" has largely been acknowl- .·
it first invoked "diplomatic channels" to demand that edged as an international crime, the commission thereof
"Asyaland sto"p the Emerald Brigade; otherwise, it wil1 can still be cognizable by the courts of the country
do whatever is necessary to defend itself." where they are considered to have been committed, fol-
The Philippines' retaliatory measure, pursued by it lowing the international law principles on criminal ju-
strictly as a measure of self-defense, cannot or should risdiction, to wit, objective territorial jurisdiction, where
not be considered as a "threat or use of force against the the state assumes jurisdiction over an offense, which
territorial integrity or political independence" of Asya- produces, as in this case, results in its state, although
land. Indeed, said retaliatory act is sanctioned under initiated in another state; or the passive personality
the aforecited Article 51 of the United Nations Charter, principle, where jurisdiction over the offense is vested in
which, it is submitted, is a special provision in the Char- the state of the offended party, in this case, the Philip-
ter which should take precedence as against the general pines; or even on the basis of the universality principle,
pronouncement in said Article 2.4. where criminal jurisdiction is vested in the state which
has custody of the offender, as in this case .
[Acceptable Answer: The Philippines' action taken against the
Emerald Group can be considered as violative of the provisions of XIV
Article 2.4 of the United Nations Charter because of what may be
considered as unwarranted intrusion into the territory of Asyaland,
thereby undermining its territorial integrity and political independ- The Philippine Government is negotiating a
ence. At the very least, the Philippines ought to have sought the new security treaty with the United States which
cooperation and consent of Asyaland before it undertook the subject could involve engagement in joint military opera-
self-defense measures.] tions of the two countries' armed forces. A loose
organization of Filipinos, the Kabataan at Mata-
c. Assume that the commando team
tandang Makabansa (KMM) wrote the Depart-
captured a member of the Emerald Brigade
ment of Foreign Affairs (DFA) and the Depart-
and brought him back to the Philippines. The
ment of National Defense (DND) demanding dis-
Philippine Government insists that a special
closure of the details of the negotiations, as well
international tribunal should try the terror-
as copies of the minutes of the meetings. The DFA
ist. On the other hand, the terrorist argues
and the DND refused, contending that premature
that terrorism is· not an international crime
disclosure of the offers and counter-offers be-
and, therefore, the municipal laws of the Phil-
tween the parties could jeopardize on-going neg·o-
ippines, which recognize access of the ac-
tiations with another country. KMM filed suit to
cused to constitutional rights, should apply.
compel disclosure of the negotiation details, and
Decide with reasons. (3%)
be granted access to the records of the meetings,
invoking the constitutional right of the people to
The member of the Emerald Brigade should be sub-
jected to the jurisdiction of the courts of the Philippines. information on matters of public concern.

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36 POLITICAL LAW AND PuBLIC lNTER.t"\!ATIONAL LAW BAR Q & A (2009-2019) 37

a. Decide with reasons. (3%) diplomatic and economic relations with that other state, and may
lawfully not be disclosed. (Neri v. Senate Committee on Accountabil-
ity, G.R. No. 180643, September 4, 2008)]
The suit should be dismissed.
Details relevant to pending treaty negotiations are xv
generally considered privileged and may validly not be
disclosed. The Supreme Court has invariably ruled that The KKK Television Network (KKK-TV) aired
secrecy of negotiations with foreign countries is not vio- the documentary, "Case Law: How the Supreme
lative of the constitutional provisions on freedom of Court Decides," without obtaining the necessary
speech or of the press or of the right of access to infor- permit required by P.D. 1986. Consequently, the
mation. (People's Movement for Press Freedom v. Movie and Television Review and Classification
Manglapus, G.R. No. 84642, Resolution of the Court En Board (MTRCB) suspended the airing of KKK-TV
Banc dated September 13, 1988, cited in AKBAYAN v. programs. MTRCB declared that under P.D. 1986,
Aquino, G.R. No. 170516, July 16, 2008) it has the power of prior review over all television
programs, except "newsreels" and programs "by
b. Will your answer be the same if the
the Government", and the subject documentary
information sought by KMM pertains to con-
does not fall under either of these two classes. The
tracts entered into by the Government in its
suspension order was ostensibly based on Memo-
proprietary or commercial capacity? Why or
randum Circular No. 98-17 which grants MTRCB
why not? (3%)
the authority to issue such an order.
No. KKK-TV filed a certiorari petition in court,
It is submitted that contracts entered into by the raising the following issues:
Government in its proprietary or commercial capacity
should be considered as transactions involving public a. The act of MTRCB constitutes "prior
interest which are, under Section 28 of Article II of the restraint" and violates the constitutionally
Constitution, subject to the policy of full public disclo- guaranteed freedom of expression; (3%) and
sure, subject only to reasonable conditions prescribed by b. While Memorandum Circular No. 98-
law. (Sereno v. Committee on Trade and Related Matters 17 was issued and published in a newspaper
of the NEDA, G.R. No. 175210, February 1, 2016) of general circulation, a copy thereof was
never filed with the Office of the National
[Acceptable Answer: Yes, provided it can be shown that infor-
mation sought to be disclosed with respect to the contracts entered
Register of the University of the Philippines
into, or which are sought to be executed, are in connection with Law Ceuter. (2%)
treaties or executive agreemer:ts being negotiated or concluded with
a foreign country. But only the details relevant to their negotiation
Resolve the foregoing issues, with rea-
may be considered as privileged, involving as they do our country's sons.
38 POLITICAL LAW At'ID PuBLIC INTERNATIONAL LAW BARQ &A(2009-2019) 39

a. The act of the MTRCB constitutes "prior re- cuted a Declaration of Pledging Faithfulness ,
straint" and its order suspending the airing of KKK-TV which has been confirmed and blessed by their
programs cari be considered as "subsequent punish- Council of Elders. At the formal investigation of
ment." Both are therefore violative of freedom of expres- the administrative case, the Grand Elder of the
sion. Any system of prior restraint has against it a sect affirmed Angelina's testimony and attested to
heavy presumption against its validity. (New York the sincerity of Angelina and her partner in the
Times v. US, 403 US 713) profession of their faith. If you were to judge this
There is no showing that the airing of the subject case, will you exonerate Angelina? Reasons. (3%)
documentary would create a clear and present danger
I will exonerate Angelina.
which may warrant the exercise by the MTRCB of its
"power of prior review," which, concededly can be ac- .It has been ascertained, after appropriate proceed-
knowledged as a valid exercise of the police power. (Igle- ings' and on the basis of adequate evidence, that Ange-
sia ni Cristo v. Court of Appeals, G.R. No. 119673, July lina's claimed religious belief is sincere and that her
26, 1996) live-in arrangement is in conformity with her and her
live-in partner's religious beliefs. Accordingly, absent
b. Memorandum Circular No. 98-17 is unenforce-
any evidence on the state's "compelling interest" to
able considering that it was never registered with the
override respondent's religious belief and practice, to
Office of the National Register of the University of the
Philippines Law Center, as required under Sections 3[1] convict her would result in a violation of her religious
and 4, Chapter 2, Book VII of the Administrative Code freedom. Indeed, the state is duty-bound to pursue or
of 1987. i'.Philippine Association of Service Exporters, adopt only such means in pursuing its interests as
Inc. v. Torres, 212 SCRA 298) would be the least restrictive to religious freedom .
(Estrada v. Escritor, 492 SCRA 1)
XVI
b. Meanwhile, Jenny, also a member of
Yahweh's Observers, was severely disappointed at
a. Angelina, a married woman, is a Division
the manner the Grand Elder validated what she
Chief in the Department of Science and Technol-
ogy. She had been living with a married man, not considered was an obviously immoral conjug·al
her husband, for the last fifteen (15) years. Admin- arrangement between Angelina and her partner.
istratively charged with immorality and conduct Jenny filed suit in court, seeking the removal of
prejudicial to the best interest of the service, she the Grand Elder from the religious sect on the
admits her live-in arrangement, but maintains ground that hi.s act in supporting Angelina not
that this conjugal understanding is in conformity only ruined the reputation of their religion, but
with their religious beliefs. As members of the also violated the constitutional policy upholding
the sanctity of marriage and the solidarity of the
religious sect, Yahweh's Observers, they had exe-
 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BARQ &A(2009-2019) 41
40

family. Will Jenny's case prosper? Explain your resist the expropriation of the property? Ex-
answer. (2%) plain. (5%)

No. The separation of church and state shall be in- As counsel for FCC, I can claim that there is no ne-
violable. (Constitution, Article II, Section 6) cessity for the expropriation and that the same cannot
be considered as being for a public purpose.
Accordingly, intramural disputes regarding reli-
gious dogma and other matters of faith are outside the The taking of the property would clearly result in a
jurisdiction of secular authorities. (Cruz and Cruz, Con- closure of the manufacturing plant and the consequent
stitutional Law, 2015 Edition, page 443) It is only where loss of employment for FCC's employees, which cannot
said intramural disputes somehow involve property or be justified. These adverse effects can be invoked to
civil rights that courts may intervene, but only to the reject the claimed public purpose underscoring the ac-
extent of such property or civil issues. Courts may not quisition of the subject land for later subdivision and
take cognizance of purely ecclesiastical matters. (Fona- sale, though at cost, only to a few members of the City's
cier u. Court of Appeals, 96 Phil. 417; Gonzales u. population.
Archbishop of Manila, 51 Phil. 420) It is significant that the expropriation sought to be
done by the City appears to be based on its general
XVII grant of authority to expr'opriate under the provisions of
the Local Government Code, or not on the basis of a
Filipinas Computer Corporation (FCC), a lo- specific grant of legislative authority to exercise the
cal manufacturer of computers and computer power of eminent domain with respect to the subject
parts, owns a sprawling plant in a 5,000-square land. Accor,dingly, the matter of it being for a public
meter lot in Pasig City. To remedy the city's acute purpose can be subject to judicial review, being a justi-
housing shortage, compounded by a burgeoning ciable question. (City of Manila v. Chinese Community
population, the Sangguniang Panglungsod au- of Manila, G.R. No. L-14355, October 31, 1919, 40 Phil.
thorized the City Mayor to negotiate for the pur- 349)
chase of the lot. The Sanggunian intends to sub-
divide the property into small residential lots to b. If the Court grants the City's prayer
be distributed at cost to qualified city residents. for expropriation, but the City delays pay-
But FCC refused to sell the lot. Hard pressed to ment of the amount determined by the court
find a suitable property to house its homeless as just compensation, can FCC recover the
residents, the City filed a complaint for eminent property from Pasig City? Explain. (2%)
domain against FCC.
No. All that FCC may do would be to insist on the
a. If FCC hires you as lawyer, what de- payment of just compensation. It may not demand the
fense or defenses would you set up in order to return of the property. (Fo,fom Development Corporo-
42 POlJTICAL LAW AND PtIBLIC INTERNATIONAL LAW BAR Q &A(2009-2019) 43

tion v. Philippine National Railways, G.R. No. 124795, ber of registered voters, of which every legislative dis- .·
December 10, 2008; see De Ynchausti v. Manila Electric trict must be represented by at least three per centum of
Railroad & Light Co., 36 Phil. 908, 911-912 [1917]; De- the registered voters therein.
partment of Public Works and Highways v. Spouses
It is further provided under Section 4, paragraph 2
Heracleo and Ramona Tecson, G.R. No. 179334, July 1,
of Article XVII of the Constitution that any amendment
2013, 700 SCRA 243)
under Section 2 of Article XVII shall be valid when rati-
c. Suppose the expropriation succeeds, fied by a majority of the votes cast in a plebiscite which
but the City decides to abandon its plan to shall be held not earlier than sixty days nor later than
subdivide the property for residential pur- ninety days after the certification by the Commission on
poses having found a much bigger lot, can
Elections of the sufficiency of the petition.
FCC legally demand that it be allowed to re- Moreover, the Supreme Court has declared that, for
purchase the property from the City of Pasig? there to be a valid initiative under the foregoing consti-
Why or why not? (2%) tutional provisions, two essential elements must be pre-
sent - first, the people must author and thus sign the
Yes, since the "public purpose" or the reason for the entire proposal. No agent or representative can sign on
expropriation or taking no longer exists, the City is their behalf, and, second, as an initiative upon a peti-
bound to reconvey the property back to FCC, on condi- tion, the proposal must be embodied in a petition. The
tion that FCC return to the City whatever it may have full text of the proposed amendments may be either
received as and by way of just compensation. (Mactan written on the face of the petition, or attached to it. If so
Cebu International Airport Authority u. Tudtud, G.R. attached, the petition must state the fact of such at-
No. 174012, November 14, 2008; Mactan-Cebu Interna- tachment. (Lambino u. COMELEC, G.R. No. 174153,
tional Airport Authority u. Lozada, Sr., G.R. No. 176625, October 25, 2006)
February 25, 2010)

XVIII

What are the essential elements of a valid pe-

tition for a people's initiative to amend the 1987
Constitution? Discuss. (2%)

Section 2 of Article XVII of the Constitution pro-

vides that amendments to the Constitution may be di-
rectly proposed by the people through initiative upon a
petition of at least twelve per centum of the total num-
44 POLITICAL LAW AND PlJBLIC INTERNATIONAL LAW BARQ &A(2009-2019) 45

2010 II

Compare and contrast the jurisdiction of the

PART I International Criminal Court and International
Court of Justice. (3%)
I
The International Criminal Court is a permanent
The dictatorial regime of President A of the tribunal which prosecutes individuals for genocide,
Republic of Gordon was toppled by a combined crimes against humanity, war crimes, and the crime of
force led by Gen. Abe, former royal guards and aggression. (Article 5, Rome Statute of the International
the secessionist Gordon People's Army. The new Criminal Court)
government constituted a Truth and Reconcilia-
tion Commission to look into the serious crimes The International Court of Justice is the judicial
committed under President A's regime. After the organ of the United Nations which shall exercise juris-
hearings, the Commission recommended that an diction over all cases which the parties refer to it and all
amnesty law be passed to cover even those in- matters specially provided for in the Chapter of the
volved in mass killings of members of indigenous United Nations or in treaties and conventions in force,
groups who opposed President A. International including all legal disputes concerning the interpreta-
human rights groups argued that the proposed tion of a treaty, any question of international law, the
amnesty law is contrary to international law. De- existence of any fact which, if established, would consti-
cide with reasons. (4%) tute a breach of an international obligation, and the
nature or extent of the reparation to be made for the
The proposed amnesty can be considered as con- breach of an international obligation. (UN Charter, Ar-
trary to international law. ticle 36) It may likewise give advisory opinions on any
legal question at the request of whatever body may be
The mass killings of members of indigenous groups authorized by or in accordance with the Charter of the
constitutes genocide, which is universally and customar- United Nations. (Ibid., Article 65)
ily recognized as a crime, and as acknowledged and
defined in several international covenants, among them i III
being the Convention for the Prevention and Punish- :~:
.';i'

ment of the Crime of Genocide and the Rome Statute of }I

A, a British photojournalist, was covering the
I
the International Criminal Court. t violent protests of the Thai Red-Shirts Movement
ljl ,in Bangkok. Despite warnings given by the Thai
t
} Prime Minister to foreigners, specially journal-
ists, A moved around the Thai capital. In the
course of his coverage, he was killed with a stray

li
46 POLITICAL LAW AND PUBLIC INTER.t"\JATIONAL LAW BAR Q & A (2009-2019) 47

bullet which was later identified as having come The victim's family may resort to diplomatic protec-
from the ranks of the Red-Shirts. The wife of A tion and seek the assistance of Great Britain, which
sought relief from Thai authorities but was re- may file an international claim for damages, but only
fused assistance. after the family shall first have exhausted all local
remedies without success. (See Cruz and Cruz, Interna-
a. Is there state responsibility on the tional Law, 2020 Edition, page 359.)
part of Thailand'? (2%)
This claim may also be resolved through negotia-
tion or, if this fails, any of the other methods of settling
The Thai Government is liable.
disputes, like good offices, arbitration and judicial set-
Under the Doctrine of State Responsibility, a state tlement. (See Cruz and Cruz, International Law, 2020
may be held responsible for an international delin- Edition, Chapter 17.)
quency directly or ind:.rectly imputable to it which
causes injury to the national of another state. It may be IV
held liable if it does not make reasonable efforts to pre-
vent injury to the alien or, having done so unsuccess- Choose the statement which appropriately
fully, as in this case, fails to repair such injury by em- completes the opening phrase:
ploying the necessary diligence to arrest and punish the
malefactors or otherwise redress the wrong committed. "A State which resorts to retorsion in interna-
(See Cruz and Cruz, International Law, 2020 Edition, tional law
page 358.) a. must ensure that all states consent to
Although A's death is not directly imputable to the its act."
Thai Government, its "refusal" to assist his wife when b. cannot curtail migration from the of-
she "sought relief' for her husband's death constitutes a fending state."
failure to employ the necessary diligence to arrest and
punish the malefactors ::ir otherwise redress the wrong c. can expel the nationals of the offend-
committed. It :is established that a state can be held ing state."
liable for its indifference in preventing or punishing a d. should apply proportionate response
crime. In such a case, it can be considered as having within appreciable limit."
connived in effect in its commission. This would be true
notwithstanding A's contributory negligence. e. None of the above.
Explain your answer. (2%)
b. What is the appropriate remedy
available to the victim's family under interna- D
tional law? (3%)
48 POLITICAL LAW ANO PlJBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 49

Retorsion, as understood in International Law, is a closed in her Statement of Assets and Liabilities her co-
retaliation by a state where the acts complained of do ownership of the subject industrial estate upon her as-
not constitute a legal ground of offense but is rather in sumption into office. She did not author the questioned
the nature of an unfriendly act done primarily in pursu- law and was therefore not obliged to notify the House of
ance of legitimate state interests but indirectly hurtful Representatives of the potential conflict of interest aris-
to other states. (Fenwick, 532) This act of retaliation is ing from her co-ownership of the same.
also unfriendly but not illegal and may be in kind or of a
different nature than the act that provoked it. (See Cruz VI
and Cruz, International Law, 2020 Edition, page 384.)
It is generally acknowledged as a measure of self- The "Poverty Alleviation and Assistance Act"
defense and therefore should be limited by necessity and was passed to enhance the capacity of the. most
should be proportionate to the act complained of. (Op- marginalized families nationwide. A financial as-
penheim's International Law, 9 th Edition, Volume I, sistance scheme called "conditional cash trans-
page 420) fers" was initially funded 500 million pesos by
Congress. One of the provisions of the law gave
V the Joint-Congressional Oversight Committee
authority to screen the list of beneficiary families
Congresswoman A is a co-owner of an indus- initially determined by the Secretary of Depart-
trial estate in Sta. Rosa, Laguna which she had ment of Social Welfare and Development pursuant
declared in her Statement of Assets and Liabili- to the Department implementing rules. Mang
ties. A member of her political party authored a Pandoy, a resident of Smokey Mountain in Tondo,
bill which would provide a 5-year development questioned the authority of the Committee.
plan for all industrial estates in the Southern
Tagalog Region to attract investors. The plan in- a. Does Mang Pandoy have legal stand-
cluded an appropriation of 2 billion pesos for con- ing to question the law? (2%)
struction of roads around the estates. When the b. Is the grant of authority to the Over-
bill finally became law, a civil society watchdog sight Committee to screen beneficiaries con-
questioned the constitutionality of the law as it stitutional? (3%)
obviously benefitted Congresswoman A's indus-
trial estate. Decide with reasons. (3%) Decide with reasons.

The constitutional challenge is without merit. a. Yes, Mang Pandoy has legal standing toques-
tion the law, as he is among those who may l5e directly
Congresswoman A, consistent with the provisions benefited by the same, and may, in turn, suffer a direct
of Section 12 of Article VI of the Constitution, duly dis-
50 POLITlCAL LAW A!"\JT:, PuBLlC INTERNATIONAL LAW BAR Q & A (2009-2019) 51

injury in case of its defective or deficient implementa- b. A treaty which provides tax exemp- ;
tion. tion needs no concurrence by a majority of all
b. No, such grant would partake of the nature of the Members of the Congress. (0.5%)
a legislative veto, and would therefore be unconstitu-
tional, as it would entitle Congress to pre-empt the ex- False.
ecutive department's implementation of a law. [Note: This rule does not imply, though, that the President is
Moreover, the requirement that the implementa- given carte blanche to exercise this discretion. Although the Chief
Executive wields the exclusive authority to conduct our foreign rela-
tion of a law would be subjected to approval by Con- tions, this power must still be exercised within the context and the
gress, through its Joint-Congressional Oversight Com- parameters set by the Constitution, as well as by existing domestic
mittee, which is, as in -:his case, authorized "to screen and international laws. There are constitutional provisions that
the list of beneficiary families initially determined by restrict or limit the President's prnrogative in concluding interna-
tional agreements, such as those that involve the following: a. The
the Secretary of Department of Social Welfare and De-
policy of freedom from nuclear weapons within Philippine territory.
velopment pursuant to the Department implementing b. The fixing of tariff rates, import and export quotas, tonnage and
rules," would violate the cardinal constitutional princi- wharfage dues, and other duties or imposts, which must be pursuant
ples of bicameralism and the rule on presentment. (Ma- to the authority granted by Congress. c. The g-rant of any tax
calintal u. COMELEC, G.R. No. 157013, July 10, 2003; exemption, which must be pursuant to a law concurred in by
a majority of all the Members of Congress. d. The contracting or
Abahada Gura Party List u. Purisima, G.R. No. 166715, guaranteeing, on behalf of the Philippines, of foreign loans that must
August 14, 2008) be previously concurred in by-the Monetary Board. e. The authoriza-
tion of the presence of foreign military bases, troops, or facilities in
vu the country must be in the form of a treaty duly concurred in by the
Senate. f. For agreements that do not fall under paragraph 5, the
concurrence of the Senate is required, should the form of the gov-
True or False. ernment chosen be a treaty. (Saguisag v. Executive Secretary, G.R.
No. 212426, January 12, 2016)]
a. A proclamation of a state of emer-
gency is sufficient to allow the President to VIII
take over any public utility. (0.5%)
Distinguish "presidential communications
False. privilege" from "deliberative process privilege."
(3%)
[Note: Article XII, Section 17 of the Constitution is not a self-
executing provision. 'There n:ust be a law authorizing the President
to take over any public utility. (David u. Ari-oyo, G.R. No. 171396, The Presidential Communications Privilege applies
May 3, 2006)] , to the decision-making prerogative of the President. Its
elements are -
52 POLITICAL LAW AND PlJBLIC INTERNATIONAL LAW BARQ &A(2009-2019) 53

a. The protected communication must relate Central Luzon State University (CLSU). An exiled ,
to a "quintessential and non-delegable presidential Myanmar professor Sung Kui, critical of the mili-
power." ta~y government in Myanmar, was invited as key-
b. The communication must be authored or note speaker. The Secretary of Foreign Affairs
"solicited and received" by a close advisor ·of the informed the President of the regional and na-
President or the President himself. The judicial test tional security implications of having Prof. Kui
is that an advisor must be in "operational prox- address the conference. The President thereupon
imity" with the President. instructed the immigration authorities to prevent
the entry of Prof. Kui into Philippine territory.
c. The presidential communications privi- The chancellor of CLSU argued that the instruc-
lege remains a qualified privilege that may be over- tion violates the Constitution. Decide with rea-
come by a showing of adequate need, such that the sons. (4%)
information sought "likely contains important evi-
dence" and by the unavailability of the information The instruction of the President is not unconstitu-
elsewhere by an appropriate investigating author- tional.
ity.
Every sovereign power has the inherent right to ex-
On the other hand, the Deliberative Process Privi- clude from its territory upon such grounds as it may
lege applies to decision-making prerogative of executive deem proper for its self-preservation or public interest.
officia}a and is based on common law privilege. (Lao Tan Bun u. Fabre, 81 Phil. 682 (1948], cited in
Harvey v. Santiago, 162 SCRA 840; Rosas v. Montor,
Unlike the deliberative process privilege, the presi- G.R. No. 204105,-0ctober 14, 2015)
dential communications privilege applies to documents
in their entirety, and covers final and post-decisional The Philippine Government's national security con-
materials as well as pre-deliberative ones. As a conse- cerns justify said instruction. States may regulate the
quence, congressional or judicial negation of the presi- entry, immigration and stay of aliens and to provide for
dential communications privilege is always subject to their deportation whenever warranted. (See Cruz and
greater scrutiny than denial of the deliberative process Cruz, International Law, 2020 Edition, pages 364-365.)
privilege. (Neri v. Senate Committee on Accountability
of Public Officers, G.R. No. 180643, March 25, 2008) X

IX A, the wife of an alleged victim of enforced

disappearance, applied for the issuance of a Writ
The League of Filipino Political Scientists of Amparo before a Regional Trial Court in Tar-
(LFPS) organized an international conference on lac. Upon motion of A, the court issued inspection
the human rights situation in Myanmar at the and production orders addressed to the AFP
54 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2099-2019) 55

Chief of Staff to allow entry at Camp Aquino and said requests pertained to public records. Accordingly, ,
permit the copying of relevant documents, includ- Lt. Valdez may not validly invoke his right against self-
ing the list of detainees, if any. Accompanied by incrimination if said master plan were truly under his
court-designated Commission on Human Rights custody. (See Secretary of National Defense u. Manalo,
(CHR) lawyers, A took photographs of a suspected G.R. No. 180906, October 7, 2008)
isolation cell where her husband was allegedly
seen being held for three days and tortured be- XI
fore he finally disappeared. The CHR lawyers re-
quested one Lt. Valdez for a photocopy of ·the . Which statement best completes the following
master plan of Camp Aquino and to confirm in phrase: (1 %)
writing that he had custody of the master plan. Lt. "Freedom from torture is a right
Valdez objected on the ground that it may violate
his right against self-incrimination. Decide with a. subject to derogation when national
reasons. (4%) security is threatened."
The requests for a photocopy of the master plan of b. confined only during custodial inves-
Camp Aquino and for Lt. Valdez's confirmation in writ- tigation."
ing that he had custody of the master plan would not be
c. which is non-derogable both during
violative of the latter's right against self-incrimination.
peacetime and in a situation of armed con-
The kernel of the right is against not all compulsion flict."
but testimonial compulsion only. (4 Wigmore, Sec. 2263; d. both (a) and (b)
People v. Malimit, G.R. No. 109775 November 14, 1996;
see Office of the Court Administrator v. Judge Eliza B. e. none of the above.
Yu, A.M. No. MTJ-12-1813, March 14, 2017)
C
While the prohibition generally applies to the com-
pulsion for the production of documents, papers and [Note: Under Article 2, Section 2 of the Convention Against
chattels that may be used as evidence against persons, Torture and Other Criminal, Inhuman or Degrading Treatment or
it may not be properly invoked in cases where the State Punishme-nt, torture may not be justified under any exceptional
circumstances whatsoever, whether a state of war or a threat of war,
has a right to inspect the same, such as the books of internal political instability or any other public emergency.]
accounts of corporations, under the police power. (See 4
Wigmore, Sec. 2264)
XII
The subject requests were merely consistent with
the production orders made in connection with the ap- A witnessed two hooded men with baseball
plication for the issuance of a writ of amparo. Moreover, bats enter th~ hou~e of their next door neighbor
56 POLITICAL LAW A.ND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 57

B. After a few seconds, he heard B shouting, "Hu- Accordingly, the warrantless search not having .
wag Pilo babayaran kita agad." · Then A saw the been lawfully made, the items seized would be inadmis-
two hooded men hitting B until the latter fell life- sible in evidence.
less. The assailants escaped using a yellow motor-
cycle with a fireball sticker on it toward .the di- XIII
rection of an exclusive village nearby. A reported
the incident to POl Nuval. The following day, POl True or False.
Nuval saw the motorcycle parked in the garage of
a house at Sta. Ines Street inside the exclusive a. A valid and definite offer to buy a
village. He inquired with the caretaker as to who property is a pre-requisite to expropriation
owned the motorcycle. The caretaker named the initiated by a local government unit. (0.5%)
brothers Pilo and Ramon Maradona who were
then outside the country. POl Nuval insisted on True.
getting inside the garage. Out of fear, the care-
[Note: Under Section 19 of the Local Government Code, a local
taker allowed him. POl Nuval took 2 ski masks government unit may, through its chief executive and acting pursu-
and 2 bats beside the motorcycle. Was the search ant to an ordinance, exercise the power of eminent domain for public
valid? What about the seizure? Decide with rea- use, or purpose or welfare for 'the benefit of the poor and the land-
sons. (4%) less, upon payment of just compensation, pursuant to the provisions
of the Constitution and pertinent laws: Provided, however, That the
power of eminent domain may not be exercised unless a valid
Both the warrantless search and the seizure, which
and definite offer has been previously made to the owner,
were made one day after the murder of B, were invalid. and such offer was not accepted: Provided, further, That the
They cannot be considered as falling within the coverage local government unit may immediately take possession of the prop-
of any of the instances when warrantless searches and erty upon the filing of' the expropriation proceedings and upon mak-
seizures are a1lowed or can be done. ing a deposit with the proper court of at least fifteen percent (15%) of
the fair market value of the property based on the current tax decla-
POl Nuval had adequate opportunity to obtain a ration of the property to be expropriated: Provided, finally, That, the
search warrant after he saw the subject motorcycle amount to be paid for the expropriated property shall be determined
by the proper court, based on the fair market value at the time of the
parked in the garage of the house, where the se~rch was taking of the property.)
made. Moreover, there was no effective consent for the
house to be searched, as the same was given "out of b. Re-classification of land by a local
fear," even if the caretaker could have validly given said government unit may be done through a reso-
consent, but only upon prior authorization of the owners lution. (0.5%)
of the house. (People v. Damaso, G.R. No. 93516, August
12, 1992) Ski masks and baseball bats are not unlawful False.
per se, and their seizure cannot be justified as having
been effected on the basis of a valid plain view search.
58 POLITICAL LAW A.!"'\'D PuBLJC INTERNATIONAL LAW BAR Q & A (2009-2019) 59

[Note: Section 20 of the Local Government Code provides, in ness among residents in Barangay La Paz. On .
part, that a city or municipality ·may, .through an ordinance
passed by the sanggunian after conducting public hearings for the complaint of the Punong Barangay, the City
purpose, authorize the reclassification of agricultural lands and Mayor wrote ABC demanding that it abate the
provide for the manner of their utilization or disposition xxx.] nuisance. This was ignored. An invitation to at-
tend a hearing called by the Sangguniang
c. Boundary disputes between and Panlungsod was also declined by the president of
among municipalities in the same province ABC. The city government thereupon issued a
may be filed immediately -with the Regional cease and desist order to stop the operations of
Trial Court. (0.5%) the plant, prompting ABC to file a petition for
injunction before the Regional Trial Court, argu-
False. ing that the city government did not have any
power to abate the alleged nuisance. Decide with
[Note: See Municipality of Sta. Fe .v. Municipality of Aritao,
reasQns. (3%)
G.R. No. 140474, September 21, 2007]

d. The Metropolitan Manila Develop- The cease and desist order is unlawful and its im-
ment Authority is authorized to confiscate a plementation may be properly enjoined by the Regional
Trial Court.
driver's license in the enforcement of traffic
regulations. (0.5%) An industrial waste processing plant cannot be
considered as a nuisance per se, or as a nuisance under
False. any and all circumstances, because it constitutes a di-
rect menace to public health or safety, and, for that rea-
[Note: The MMDA generally has no statutory authority to con-
fiscate driver's licenses without a prior authorization from the Land
son, may thus be abated summarily under the unde-
Transportation Office. (RA 4136, Section 29)] fined law of necessity. (Aquino v. Municipality of Malay,
Aklan, G.R. No. 211356, September 29, 2014)
[Acceptable Answer: True. (The MMDA may confiscate driver's
licenses, if duly deputized by the Land Transportation Office and It is rather a nuisance per accidens which "depends
only in certain instances, e.g. when the driver was involved in a upon certain conditions and circumstances, and its exis-
traffic accident or when he has accumulated three or more unsettled
traffic violations.)] tence being a question of fact, it cannot be abated with-
out due hearing thereon in a tribunal authorized to de-
XIV cide whether such a thing does in law constitute a nui-
sance;" it may only be so proven in a hearing conducted
ABC operates an industrial waste processing for that purpose and may not be summarily abated
plant within Laoag City. Occasionally, whenever without judicial intervention. (Cruz and Dela Cruz v.
fluid substances are released through a nearby Pandacan Hikers' Club, Inc., G.R. No. 188213, ,January
11, 2016)
creek, obnoxious odor is emitted causing dizzi-
60 POLITICAL LAW AJ'ID PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 61

Accordingly, the operations of the industrial waste . other. In those cases in which the proper execution of the office .
processing plant may be ordered stopped only after judi- requires, on the part of the officer, the exercise of judgment or dis-
cial proceed'ings. (Parayno v. Jovellanos, G.R. No. cretion, the presumption is that he was chosen because he was
deemed fit and competent to exercise that judgment and discretion,
148408, July 14, 2006) and, unless power to substitute another in his place has been given
to him, he cannot delegate his duties to another. (State v. Patterson,
xv 34 N. 567; 46 Corpus Juris, 1033; Mechem, Law of Public Officers, p.
567, cited in Binamira v. Garrucho, G.R. No. 92008 July 30, 1990,
188 SCRA 154)] .
True or False.
[Acceptable Answer: False.]
a. A person who occupies an office that [Note: A delegate can ·exercise the discretionary duty if duly
is defectively created is a de facto officer. authorized. (See Cruz, The Law of Public Officers, 2018 Edition,
(0.5%) pages 316-317; American Tobacco Co. u. Director of'Patents, G.R. No .
L-26803 October 14, 1975, 67 SCRA 286)]

False.
d. Acquisition of civil service eligibility
[Note: There must be a de Jure office. (Tuanda v. Sandiganba- during tenure of a temporary appointee does
yan, G.R. No. 110544 October 17, 1995; Arroyo v. Court of Appeals, not automatically translate to a permanent
G.R. No. 202860, April 10, 2019)] appointment. (0.5%)

b. The rule on nepotism does not apply True.

to designations made in favor of a relative of
the authority making a designation. (0.5%) [Note: See Maturan v. Maglana, G.R. No. L-52091 March 29,
1982.]
False.
XVI
[Note: See Laurel v. Civil Service Commission, G.R. No. 71562
October 28, 1991.] Rudy Domingo, 38 years old, natural-born
Filipino and a resident of the Philippines since
c. A discretionary duty of a public offi- birth, is a Manila-based entrepreneur who runs
cer is never delegable. (0.5%)
KABAK.A, a coalition of peoples' organizations
from fisherfolk communities. KABAKA's opera-
True.
tions consist of empowering fisherfolk leaders
[Note: An officer to whom a discretion is entrusted cannot through livelihood projects and trainings on good
delegate it to another, the presumption being that he was chosen governance. The Dutch Foundation for· Global
because he was deemed fit and competent to exercise that judgment Initiatives, a private organization registered in
and discretion, and unless the power to substitute another in his
place has been given to him, he cannot delegate his duties to an- The Netherlands, receives a huge subsidy from
62 POLITICAL LAW A.1"/D PlJBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 63

the Dutch Foreign Ministry, which, in turn is al- Yes, he may be qualified to run again for an elec- ;
located worldwide to the Foundation's partners tive position, provided his pardon would have been
like KABAKA. Rudy seeks to register KABAKA as granted in his favor upon prior favorable recommenda-
a party-list with himself as a nominee of the coali- tion of the Commission on Elections, his crime being an
tion. Will KABAKA and Rudy be qualified as a election offense. (Constitution, Article IX-C, Sect.ion 5)
party-list and a nominee, respectively? Decide A pardon exempts the individual on whom it is be-
with reasons. (4%) · stowed from the punishment which the law inflicts for
the crime he has committed. (Pellobello v. Palatino, G.R.
No, KABAKA and Rudy cannot be considered as No. L-48100, June 20, 1941) and renders him eligible for
qualified to be a party-list and a nominee, respectively.
elective local office. (Section 40, Local Government
Although Rudy may appear to be qualified as a Code; See Moreno v. Comniission on Elections, G.R. No.
nominee of KABAKA, being a bona fide member of the 168550, August 10, 2006.)
party and a natural-born Filipino with the requisite age
and residence (Section 9, RA 7941), KABAKA is not XVIII
qualified to be registered as a party-list because it re-
ceives support from a foreign foundation, which receives The House Committee on Appropriations
a "huge subsidy from the Dutch Foreign Ministry." This conducted an inquiry in aid of legislation into
is among the grounds for the refusal or cancellation of alleged irregular and anomalous disbursements of
registration of a party-list. (Section 6(4), RA 7941) the Countrywide Development Fund (CDF) and
Congressional Initiative Allocation (CIA) of Con-
PART II gressmen as exposed by X, a Division Chief of the
Department of Budget and Management (DBM).
XVII Implicated in the questionable disbursements are
high officials of the Palace. The House Committee
During his campaign sortie in Barangay summoned X and the DBM Secretary to appear
Salamanca, Mayor Galicia was arrested at a PNP and testify. X refused to appear, while the Secre-
checkpoint for carrying high-powered firearms in tary appeared but refused to testify invoking ex-
his car. He was charged and convicted for viola- ecutive privilege.
tion of the COMELEC gun ban. He did not appeal
his conviction and instead applied for executive a. May X be compelled to appear and
clemency. Acting on the favorable recommenda- testify? If yes, what sanction may be imposed
tion of the Board of Pardons and ·Parole, the on him? (2%)
President granted him pardon. Is he eligible to
run again for an elective position? Explain briefly. Yes, X may be compelled to appear and testify, as
(5%) his testimony would be crucial to the conduct of the
64 POLITICAL LAW A.1'ffi PuBLJC INTERNATIONAL LAW BAR Q & A (2009-2019) 65

legislative inquiry. (Sabio v. Gordon, G.R. No. 174340, principal before the DECS. Is the principal liable? .
October 17, 2006) His failure or refusal to testify may Explain briefly. (5%)
subject him to arrest and punishment for legislative
contempt. (Arnault u. Nazareno, G.R. No. L-3820, July The principal is not liable.
18, 1950) The grotto and chapel _were not constructed using
public funds and were established "without additional
b. Is the Budget Secretary shielded by
cost to the Government." It therefore cannot be said that
executive privilege from responding to the
their construction was violative of the constitutional
inquiries of the House Committee? Explain prohibition against appropriations for sectarian pur-
briefly. If the answer is no, is there any sanc- poses. (Article VI, Section 28 [2])
tion that may be imposed upon him? (3%)
Moreover, the ecumenical religious services and
The Secretary may not validly invoke executive seminars are held "after school hours" and therefore can
privilege, as the same pertains only to the President. be considered as consistent with the constitutional pres-
Unless and until said privilege is invoked directly by the cription on religious instruction. (Article XIV, Section 3
President with respect to the testimony of the Secretary, [3])
the latter may be punished for legislative contempt for The construction of the subject grotto and chapel
his refusal to testify. (Senate v. Ermita, G.R. No. can be justified as a mere religious accommodation
169777, April 20, 2006; Neri v. Senate Committee on
which has been acknowledged as not being offensive to
Accountability of Public Officers, G.R. No. 180643, Sep- or violative of the general precepts pertinent to religious
tember 4, 2008)
freedom. (Re: Letter of Tony Q. Valenciano, A.M. No. 10-
4-19-SC, March 7, 2017)
XIX

To instill religious a~areness in the students

xx
of Doiia Trinidad High School, a public school in Define/explain the following:
Bulacan, the Parent-Teacher's Association of the
school contributed funds for the construction of a a. Doctrine of operative facts (1%)
grotto and a chapel where ecumenical religious
services and seminars are being held after school Under the operative fact doctrine, the law :is recog-
hours. The use of the school grounds for these nized as unconstitutional but the effects of the unconsti-
purposes was questioned by a parent who does tutional law, prior to its declaration of nu11ity, may be
not belong to any religious group. As his com- left undisturbed as a matter of equity and fair play. In
plaint was not addressed by the school officials, fact, the invocation of the operative fact doctrine is an
he filed an administrative complaint against the admission that the law is unconstitutional. The opera-
tive fact doctrine is a rule of equity. As such, it must be
66 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 67

applied as an exception to the general rule that an un- A municipal corporation by estoppel is one which is .
constitutional law produces no effects. It can never be neither de Jure nor de facto but is dealt or transacted
invoked to validate as constitutional an unconstitutional with as such by individuals who are thereby precluded
act. In short, the operative fact doctrine affects or modi- or estopped from denying their existence as municipal
fies only the effects of the unconstitutional law, not the corporations by reason of said acknowledgment by said
unconstitutional law itself. (League of Cities of the Phil- individuals of their existence.
ippines v. COMELEC, G.R. No. 176951, August 24,
2010) . d. Doctrine of necessary implication
(1%)
The doctrine of operative fact only applies as a mat-
ter of equity and fair play. It nullifies the effects of an
Under the doctrine of necessary implication, the
unconstitutional law by recognizing that the existence of
grant of an express power carries with it all the powers
a statute prior to a determination of unconstitutionality
that may be reasonably inferred from it. (Angara u.
is an operative fact and may have consequences which Electoral Commission, G.R. No. L-45081, July 15, 1936)
cannot always be ignored. The doctrine is applicable
when a declaration of unconstitutionality will impose an e. Principle of holdover (1 %)
undue burden on those who have relied on the inval1d I

law. (Planters Products Inc. v. Fertiphil Corporation, The principle of' holdover entitles the public officer
G.R. No. 166006, March 14, 2008) who occupies an office with a fixed term to stay in office
during the succeeding term, or after his original term
b. De facto municipal corporation (1%) had expired, and to remain in said office until his suc-
cessor shall have been duly elected or appointed and
A de facto municipal corporation is one organized
qualified. (Lecaroz u. Sandiganbayan, G.R. No. 130872,
under color of a statute before this was declared uncon-
March 25, 1999, 305 SCRA 396)
stitutional, its officers having been either elected or
appointed, and the municipality itself having discharged
its corporate functions preceding the institution of an XXI
action challenging the validity of its existence, and re-
sulting in a declaration of its unlawfulness. (See Mu- The Sangguniang Panlungsod of Pasay City
passed an ordinance requiring all disco pub own-
nicipality of Malabang v. Benito, G.R. No. L-28113,
March 28, 1969.) ers to have all their hospitality girls tested for the
AIDS virus. Both disco pub owners and the hospi-
c. Municipal corporation by estoppel tality girls assailed the validity of the ordinance
(1%) .. for being viola~ive of their constitutional rights to
privacy and to freely choose a calling or business.
Is the ordinance valid? Explain. (5%)
68 POl,JTJCAL LAW M'D PuBLIC INTERNATIONAL LAW BAR Q &/',. (2009-2019) 69

The ordinance is valid and may be justified as a _ (Local Government Code, ·Section 71) Neither is he al-
lawful exercise by the City of its police power under the lowed to resign. (Ibid., Section 73)
General Welfare Clause of the Local Government Code.
(Section 16) XXIII

XXII A was a career Ambassador when he accepted

an ad interim appointment as Cabinet Member.
Governor Diy was serving his third term The C9mmission on Appointments bypassed his
when he lost his governorship in a recall election. ad interim appointment, however, and he was not
re-appointed. Can he re-assume his position as
a. Who shall succeed Governor Diy in career Ambassador? (5%)
his office as Governor? (1 %)
No, A cannot re-assume his position as a career
The winner in the recall election shall be his suc- Ambassador.
cessor. (Local Government Code, Section 72)
A's acceptance of his ad interim appointment as a
b. Can Governor Diy run again· as gov- Cabinet Member, which is a permanent appointment
ernor in the next election? (2%) (Matibag v. Benipayo, G.R. No. 149036, April 2, 2002;
Pamantasan ng Lungsod ng Maynila u. Intermediate
Yes, he would be qualified to run in the next elec- Appellate Court, G.R. No. L-65439, November 13, 1985),
tion because his third term was interrupted by his loss necessarily resulted in his forfeiture of his position as
in the recall election. Accordingly, the three-term limit Ambassador.
rule shall be inapplicable to him. (Socrates v. Commis-
sion on Elections, G.R. No. 154512, November 12, 2002, XXIV
391 SCRA 457; Mend'Jza v. COMELEC, G.R. No.
149736, December 17, 2002) Compare and contrast "overbreadth doctrine"
from "void-for-vagueness" doctrine. (5%)
c. Can Governor Diy refuse to run in
the recall election and instead resign from his Under the overbreadth doctrine, a governmental
position as governor? (2%) purpose may not be achieved by means which sweep
unnecessarily broadly and thereby invade the area of
He may not refuse to run in the recall election be- protected freedoms. The overbreadth doctrine is an ana-
cause, under the provisions of the Local Government lytical tool developed for testing "on their faces" s,tatutes
Code, officials sought to be recalled shall automatically in free speech cases. It is not intended for testing the
be considered as duly registered candidates and, like validity of a law that "reflects legitimate state :interest
other candidates, shall be entitled to be voted upon.
70 POLITICAL LAW A.J"-'D Punuc INTERNATIONAL LAW BAR Q & A (2009-2019) 71

in maintaining comprehensive control over harmful, shall hold office for seven years, two Members for five .
constitutionally unprotected conduct." years, and the last 1:'1embers for three years, without
Thus, claims of facial overbreadth are entertained reappointment. Appomtment to any vacancy shall be
in cases involving statutes which, by their terms, seek only for the unexpired term of the predecessor. In no
to regulate only "spoken words" and again, that "over- case shall any Member be appointed or designated in a
breadth claims, if entertained at a11, have been curtailed temporary or acting capacity. (Constitution, Article IX-
when invoked against ordinary criminal laws that are C, Section 1 (2])
sought to be applied to protected conduct."
b. What are the two conditions for its
Under the void-for-vagueness doctrine, a law is ren- workability? (2%)
dered invalid if men of common intelligence must neces-
sarily guess at its meaning and differ as to its applica- The two conditions are -
tion.
(1) that the terms of the first commissioners
Related to the "overbreadth" doctrine is the "void should start on a common date; and
for vagueness doctrine" which holds that "a law is fa-
cially invalid if men of common intelligence must neces- (2) that any vacancy due to death, resignation or
sarily guess at its meaning and differ as to its applica- disability before the expiration of the term should be
tion." It is subject to the same principles governing filled only for the unexpired balance of the term. (Re-
overbreadth doctrine. For one, it is also an analytical public v. Imperial, G.R. No. L-08684, March 31, 1955, 96
tool for testing "on their faces" statutes in free speech Phil. 770)
cases. And like overbreadth, it is said that a litigant
may challenge a statute on its face only if it is vague in c. To what other constitutional offices does
all its possible applications. (David v. Arroyo, G.R. No. the rotational scheme of appointments apply?
171396, May 3, 2006) (2%)

. The rotational scheme applies to -

XXV
1. the Commissioners of the Civil Service
a. What is the rotational scheme of ap- Commission (Constitution, Article IX-B, Section 1
pointments in the COMELEC? (2%) [2]),

The Chairman and the Commissioners of the 2. the Commissioners of the Commission on
Commission on Elections shall be appoipted by the Audit (Ibid., Article IX-D, Section 1 [2)),
President with the consent of the Commission on Ap-
pointments for a term of seven years without reap- 3. the Senators (Ibid., Article VI, Section 4,
pointment. Of those first appointed, three Members in relation to Article XVIII, Section 2) and
 BAR Q & A (2009-2019) 73
POLITICAL LAW AND PuBLIC lNTER!."\/ATIONAL LAW
72

4. the regular members of the Judicial and 2011

Bar Council (Ibid., Article VIII, Section 8 [2]).
(1) Filipino citizenship may be acquired
XXVI through judicial naturalization only by an alien

Distinguish between "pocket veto" and "item (A) born, raised, and educated in the Philippines
veto." (2%) who has all the qualifications and none of the dis-
qualifications to become a Filipino citizen.
A pocket veto is when the President is considered to (B) who has all the qualifications and none
have rejected a bill submitted to him for his approval
of the disqualifications to become a Filipino
when Congress adjourns during the period given to the
citizen.
President to approve or reject a bill.
(C) born and raised in the Philippines who has all
On the other hand, an item veto, or partial veto, is
the qualifications and none of the disqualifications
the power of a President to nullify or cancel specific
to become a Filipino citizen.
provisions of a bill, usually a budget appropriations bill,
without vetoing the entire legislative package. (D) whose mother or father is a naturalized Fili-
pino and who himself is qualified to be naturalized.
XXVII
(2) Jax I;iiner applied for a public utility bus
What is the concept of association under in- service from Bacolod to Dumaguete from the
ternational law? (2%) Land Transportation Franchising and Regulatory
Board (LTFRB). BB Express opposed. LTFRB
An association is formed when two states of un- ruled in favor of Jax. BB appealed to the Secre-
equal power voluntarily establish durable links. In the tary of the Department of Transportation and
basic model, one state, the associate, delegates certain Communication (DOTC), who reversed the LTFRB
responsibilities to the other, the principal, while main- decision. Jax appealed to the Office of the Presi-
taining its international status as a state. In interna- dent which reinstated the L TFRB's ruling. BB
tional practice, the "associated state" arrangement has Express went to the Court of Appeals on certio-
usual1y been used a transitional device of former colo- rari· questioning the decision of the Office of the
nies on their way to full independence. (The Province of President on the ground that Office of the Presi-
North Cotabato v. The Government of the Republic of the dent has no jurisdiction over the case in the ab-
Philippines Peace Panel on Ancestral Domain, G.R. No. sence of any law providing an appeal from DOTC
183591, October 14, 2008) to the Office of the President. Will the petition
prosper?
74 POLITICAL LAW AND PlJBLIC lNTERl'\!ATIONAL LAW BAR Q & A (2009-2019) 75

(A) No, exhaustion of administrative remedies up versation of public funds, the witness may NOT be ,
to the level of the President is a pre-requisite to ju- prosecuted for
dicial recourse.
(B) No, the action of the DOTC Secretary
(A) direct contempt.
bears only the implied approval of the Presi- (B) infidelity in the custody of public re-
dent who is not precluded from reviewing the cords.
decision of the former.
(C) falsification of public documents.
(C) Yes, when there is no law providing an appeal
(D) false testimony.
to the Office of the President, no such appeal may
be pursued.
(5) Mario, a Bureau of Customs' examiner,
(D) Yes, the doctrine of qualified political agency was administratively charged with grave miscon-
renders unnecessary a further appeal to the Office duct and preventively suspended pending inves-
o:" the President. tigation. The head of office found him guilty as
charged and ordered his dismissal. The decision
(3) Where A is set for promotion to Adminis- against him was executed pending appeal. The
trative Assistant III and B to the post of Adminis- Civil Serviee Commission (CSC) subsequently
trative Assistant II vacated by A, the appointing found him guilty and after considering a number
authority must of mitigating circumstances, reduced his penalty
to only one month suspension. Is Mario entitled to
(A) submit to the CSC the two promotional back salaries?
appointments together for approval.
(B) not appoint B until the CSC has approved A's (A) Yes, the reduction of the penalty means resto-
appointment. ration of his right to back salaries.
(C) submit to the Civil Service Commission (CSC) (B) No, the penalty of one month suspension car-
L,e second appointment after its approval of the ries with it the forfeiture of back salaries.
first. (C) No~ he is still guilty of grave misconduct,
(D) simultaneously issue the appointments of A only the penalty was reduced.
and B. (D) Yes, corresponding to the period of his sus-
pension pending appeal less one month.
(4) When a witness is granted transactional
immunity in exchange for his testimony on how (6) Althea, a Filipino citizen, bought a lot in
his immediate superior induced him to destroy the Philippines in 1.975. Her predecessors-in-
public records to cover up the latter's act of mal- :interest have been in open, continuous, exclusive
76 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 77

and notorious possession of the lot since 1940, in (A) reliability.

the concept of owner. In 1988, Althea became a
(B) permanence.
naturalized Australian citizen. Is she qualified to
apply for registration of the lot in her name? (C) flexibility.
(D) expediency.
(A) Yes, provided she acquires back her Filipino
citizenship.
(9) An appointment held at the pleasure of
(B) No, except when it can be proved that Austra- the appointing power
lia has a counterpart domestic law that also favors
former Filipino citizens residing there. (A) is essentially temporary in nature.
(C) Yes, the lot is already private in charac- (B) requires special qualifications of the ap-
ter and as a former natural-born Filipino, she pointee.
can buy the lot and apply for its registration (C) requires justifiable reason for its termination.
in her name.
(D) is co~extensive with the term of the public ·of-
(D) No, foreigners are not allowed to own lands in ficer who appointed him.
the Philippines.
(10) The city government filed a complaint
(7) The privacy of communication and corres- for expropriation of 10 lots to build a recreational
pondence shall be inviolable except upon lawful complex for the members of the homeowners' as-
order of the court or when sociation of Sitio Sto. Tomas, the most populated
residential compound in the city. The lot owners
(A) public safety or public health requires other-
challenged the purpose of the expropriation. Does
wise as prescribed by law.
the expropriation have a valid purpose?
(B) dictated by the need to maintain public peace
and order. (A) No, because not everybody uses a recreational
complex.
(C) public safety or order requires otherwise
as prescribed by law. (B) No, because it intends to benefit a pri-
vate organization.
(D) public safety or order requires otherwise as I
determined by the President. (C) Yes, it is in accord with the general welfare
clause.
(8) One advantage of a written Constitution
(D) Yes, it serves the well-being of the local resi-
is its dents.
78 POLITICAL LAW Ai'ID PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 79

(11) An example of a content-based restraint (13) Jose Cruz and 20 others filed a petition ,
on free speech is a regulation prescribing with the COMELEC to hold a plebiscite on their
petition for initiative to amend the Constitution
(A) maximum tolerance of pro-government by shifting to a unicameral parliamentary form of
demonstrations. government. Assuming that the petition has been
(B) a no rally-no permit_ policy. signed by the required number of registered vot-
ers, will it prosper?
(C) when, where, and how lawful assemblies are
to be conducted. (A) No, only Congress can exercise the power to
(D) calibrated response to rallies that have be- amend the Constitution.
come violent. (B) Yes, the people can substantially amend the
Constitution by direct action.
(12) The President forged an executive
agreement with Vietnam for a year supply of ani- (C) Yes, provided Congress concurs in the
mal feeds to the Philippines not to exceed 40,000 amendment.
tons. The Association of Animal Feed Sellers of (D) No, since they seek, not an amendment,
the Philippines questioned the executive agree- but a revision.
ment for being contrary to R.A. 462 which prohib-
its the importation of animal feeds from Asian (14) The Comelec en bane cannot hear and
countries. Is the challenge correct? decide a case at first instance EXCEPT when

(A) Yes, the executive agreement is contrary (A) a Division refers the case to it for direct ac-
to our existing domestic law. tion.
(B) No, the President is the sole organ of the gov- (B) the case involves a purely administrative
ernment in external relations and all his actions as matter.
such form part of the law of the land.
(C) the inhibition of all the members of a Division
(C) No, international agreements are sui generis is sought.
which must stand independently of our domestic
laws. (D) a related case is pending before the Supreme
Court en bane.
(D) Yes, the executive agreement is actually a
treaty which does not take effect without ratifica- (15) E::1ch of the Constitutional Commissions
tion by the Senate. is expressly described as "independent," exempli-
fied by its
 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW
BAR Q & A (2009-2019) 81
80

(A) immunity from suit. (C) Yes, for so long as no one has yet been ap-
pointed to replace him, Director Sison may sti11
(B) fiscal autonomy. withdraw his resignation.
(C) finality of action. (D) Yes, Director Sison merely complied with
(D) collegiality. the order of the head of office; the element of
clear intention to relinguish office is lacking-.
(16) There is double jeopardy when the dis-
missal of the first case is (18) An administrative rule that fixes rates is
valid only when the proposed rates are
(A) made at the instance of the accused invoking
his right to fair trial. (A) published and filed with the UP Law Center.
(B) made upon motion of the accused without ob- (B) published and hearings are conducted.
jection from the prosecution.
(C) published and posted in three public places.
(C) made provisionally without objection from the
(D) published and all stakeholders are personally
accused. notified.
(D) based on the objection of the accused to
the prosecution's motion to postpone trial. (19) The government sought to expropriate a
parcel of land belonging to Y. The law provides
(17) The new Commissioner of Immigration, that, to get immediate possession of the land, the
Mr. Suarez, issued an Office Order directing the government must deposit the equivalent of the
top immigration officials to tender courtesy res- land's zonal value. The government insisted, how-
ignation to give him a free hand in reorganizing ever, that what apply are the rules of court which
the agency. In compliance, Director Sison of the require an initial deposit only of the assessed
Administrative Department tendered his resigna- value of the property. Which should prevail on
tion in writing which Mr. Suarez immediately this matter, the law or the rules of court?
accepted. Director Sison went to court, assailing
the validity of his courtesy resignation and Mr. (A) Both law and rules apply because just com-
Suarez's acceptance of the same. Will the action pensation should be fixed based on its zonal or as-
prosper? sessed value, whichever is higher.
(B) Both law and rules apply because just com-
(b) No, Director Sison tendered his resignation
pensation should be fixed based on its zonal or as-
and it was accepted.
sessed va1ue, whichever is 1ower.
(B) No, estoppel precludes Director Sison from
disclaiming the resignation he freely tendered.
82 POLITICAL LAW AN:l PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 83

(C) The law should prevail since the right to (21) Governor Paloma was administratively .
just compensation is a substantive right that charged with abuse of authority before the Office
Congress has the power to define. of the President. Pending hearing, he ran for re-
(D) The rules of court should prevail since just election and won a second term. He then moved to
compensation is a procedural matter subject to the dismiss the charge against him based on this su-
rule making power of the Supreme Court. pervening event. Should the motion be granted?

[Note: (D) is offered as an acceptable answer because this (A) Yes, Governor Paloma's reelection is an ex-
would be consistent with the rule that the determination of just pression of the electorate's obedience to his will.
compensation is exclusively a prerogative of the Judiciary. (Land
Bank of the Philippines v. Escandor, G.R. No. 171685, October 11, (B) No, Governor Paloma's reelection cannot ex-
201, 632 SCRA 504; Land Bank v. Heirs of Listana, G.R. No. 182758, tinguish his liability for malfeasance in office.
May 30, 2011, 649 SCRA 41.6; see also Land Bank of the Philippines
v. Umandap, G.R. No. 166298, November 17, 2010, 635 SCRA 116, (C) No, Governor Paloma's reelection does not
and Land Banh of the Philippines v. Heirs of Trinidad S. Vda. De render moot the administrative case already pend-
Arieta, G.R. No. 161834, August 11, 2010, 628 SCRA 43)) ing when he filed his certificate of candidacy for his
reelection bid.
(20) After X, a rape suspect, was apprised of
his right to silence and to counsel, he told the in- (D) Yes, Governor Paloma's reelection is an
vestigators that he was waiving his right to have expression of the electorate's restored trust.
his own counsel or to be provided one. He made
his waiver in the presence of a retired Judge who (22) The decision.of the Regional Trial Court
was assigned to assist and explain to him the con- on appeals pertaining to inclusions or exclusions
from the list of voters
sequences of such waiver. Is the waiver valid?
(A) is inappealable.
(A) No, the waiver was not reduced in writing.
(B) Yes, the mere fact that the lawyer was a re- (B) is subject to an action for annulment.
tired judge does not cast doubt on his competence (C) may be brought straight to the Supreme
and independence. Court.
(C) Yes, the waiver was made voluntarily, (D) is appealable to the Commission on Elections.
expressly, and with assistance of counsel.
[Note: (Cl is offered as an acceptable answer in view of the ba-
(D) No, a retired Judge is not a competent and in- sic certiorari (grave abuse discretion) jurisdiction of the Court. It
dependent counsel. should be notE!d though that said Rule 65 petition is an or,ginnl
action and is not by way of appeal. (David v. Senate Electoral Tribu-
nal, G.R. No. 221538, September 20, 2016)]
 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 85
84

{23) The equal protection clause allows valid (26) The right of the State to prosecute .
classification of subjects that applies crimes by available evidence must yield to the
right of
(A) only to present conditions.
(A) the accused against self-incrimination.
(B) so long as it remains relevant to the govern-
ment. (B) another State to extradite a fugitive from jus-
tice.
(C) for a limited period only.
(C) the State to deport undesirable aliens.
(D) for as long as the problem to be cor-
rected exists. (D) the complainant to drop the case against the
accused.
(24) The President wants to appoint A to the
vacant post of Associate Justice of the Supreme (27) A temporary appointee to a public office
Court because of his qualifications, competence, who becomes a civil service eligible during his
honesty, and efficiency. But A's name is not on the tenure
list of nominees that the Judicial and Bar Council
(JBC) submitted to the President. What should (A) loses his temporary appointment without
the President do? prejudice to his re-appointment as permanent.
(B) has the right to demand conversion of his ap-
(A) Request the JBC to consider adding A to the pointment to permanent.
list.
(C) automatically becomes a permanent ap-
(B) Decline to appoint from the list. pointee.
(C) Appoint from the list. (D) retains his temporary appointment.
(D) Return the list to JBC.
(28) Upon endorsement from the Senate
(25) Courts may still decide cases that have where it was first mistakenly filed, the House of
otherwise become academic when they involve Representatives Committee on Justice found the
verified complaint for impeachment against the
(A) the basic interest of people. President sufficient in form but insufficient in
substance. Within the same year, another im-
(B) petitions for habeas corpus.
, peachment suit was filed against the President
(C) acts of the Chief Executive. who questioned the same for being violative of the
(D) Presidential election protests; Constitution. Is the President correct?
86 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019)
87

(A) No, "initiated" means the Articles of Im- fore the Senate or the House of Representatives
peachment have been actually filed with the Senate which
for trial; this did not yet happen.
(B) No, the first complaint was not deemed initi- (A) must seek the concurrence of the other House
ated because it was originally filed with the Senate. before acting.

(C) Yes, the dismissal of the first impeachment (B) must hold an executive session to hear the
proceeding bars the initiation of another during the department secretary.
same term of the President. (C) may altogether reject the initiative.
(D) Yes, no impeachment proceeding can be (D) must accept such initiated appearance.
filed against the President more than once
within a year. (31) The Metro Manila Development Author-
ity (MMDA) passed a rule authorizing traffic en-
(29) The Solicitor General declines to insti- forcers to impound illegally parked vehicles, for
tute a civil action on behalf of a government the first offense, and confiscate their registration
agency due to his strained relation with its head, plates for the second. The MMDA issued this rule
insisting that the agency's lawyers can file the to implement a law that authorized it to suspend
action. Is the Solicitor General correct? the licenses of drivers who violate traffic rules. Is
the MMDA rule valid?
(A) Yes, when he deems he cannot harmoniously
and effectively work with the requesting agency. (A) No, since the MMDA does not have rule-
(B) No, he must, in choosing whether to making power.
prosecute an action, exercise his discretion (B) Yes, it is a valid exercise of the power of sub-
according to law and the best interest of the ordinate legislation.
State.
(C) 'Yes, it is an implicit consequence of the law
(C) Yes, as in any lawyer-client relationship, he upon which it acted.
has the right to choose whom to serve and repre-
sent. (D) No, the rule goes beyond the sphere of
the law.
(D) No, the Solicitor General's duty to represent
the government, its offices and officers is manda- (32) Senator Bondoc was charged with mur-
tory and absolute. der and det,ained at the Quezon City Jail. He in-
voked, in seeking leave from the court to attend
(30) A department secretary may, with the the session of the Senate, his immunity from ar-
President's consent, initiate his appearance be-
 BAR Q & A (2009-2019) 89
POL!'l'ICAL LAW At'ID PuBLIC INTERNATIONAL LAW
88

rest as a Senator. How should the court rule on (C) X is entitled to reinstatement but not to back .
salaries on ground of "damnum absque injuria."
his motion?.
(D) X is entitled to reinstatement and back
(A) Deny the motion unless the Senate issues a salaries during his suspension pending ap-
resolution certifying to the urgency of his atten- peal.
dance at its sessions.
(B) Grant the motion provided he posts bail since (34) Courts may dismiss a case on ground of
he is not a flight risk. mootness when
(C) Grant the motion so as not to deprive the peo- (A) the case is premature.
ple who elected him their right to be represented in
(B) petitioner lacks legal standing.
the Senate.
(D) Deny the motion since immunity from
(C) the questioned law has been repealed.
arrest does not apply to a charge of murder. (D) the issue of validity of law was not timely
raised.
{33) X, an administrative officer in the De-
partment of Justice, was charged with grave mis- (35) Alfredo was elected municipal mayor for
conduct and preventively suspended for 90 days 3 consecutive terms. During his third term, the
pending investigation. Based on the evidence, the municipality became a city. Alfredo ran for city
Secreta1·y of Justice found X guilty as charged mayor during the next immediately succeeding
and dismissed him from the service. Pending ap- election. Voltaire sought his disqualification cit-
peal, X's dismissal was executed. Subsequently, ing the 3 term limit for elective officials. WiU Vol-
the Civil Service Commission (CSC) reversed the taire's action prosper?
Secretary's decision and the reversal became final
and executory. What is the effect of X's exonera- (A) No, the 3 term limit should not apply to a per-
tion? son who is running for a new position title.
(B) Yes, the 3 term limit applies regardless of any
(A) X is entitled to reinstatement and back sala-
voluntary or involuntary interruption in the service
ries both during his 90 day preventive suspension
of the local elective official.
and his suspension pending appeal.
(C) Yes, the 3 term limit uniformly applies to
(B) X is entitled to reinstatement and back sala-
the office of mayor, whether for city or mu-
ries corresponding only to the period of delay
nicipality.
caused by those prosecuting the case against him.
 BAR Q & A (2009-2019) 91
POLJTICAL LAW AND Pl.JBLIC INTERNATIONAL LAW
90

(D) No, the 3 term limit should not apply to a lo- (C) the power of supervision.
cal government unit that has assumed a different (P) the calling out power.
corporate existence.
(39) Carlos, a foreign national was charged
(36) In what scenario is an extensive search with and convicted of a serious crime in State X
of moving vehicles without warrant valid? and sentenced to life imprisonment. His country
(A) The police became suspicious on seeing some-
applied forrelief with the International Court of
Justice (ICJ), arguing that State X did not inform
thing on the car's back seat covered with blanket. Carlos of his right under Article 36 of the Vienna
(B) The police suspected an unfenced lot covered Convention to be accorded legal assistance by his
by rocks and bushes was planted to marijuana. government. State X, as signatory to the Vienna
Convention, agreed to ICJ's compulsory jurisdic-
(C) The police became suspicious when they saw a
tion over all disputes regarding the interpretation
car believed to be of the same model used by the
or application of the Vienna Convention. IC.J
killers of a city mayor. ruled that State X violated its obligation to pro-
(D) The driver sped away in his car when the vide consular notification to the foreign national's
police flagged him down at a checkpoint. country. ICJ also required State X to review and
reconsider the life sentence imposed on the for-
(37) Pre-proclamation controversies shall be eign national. State X then wrote the United Na-
heard tions informing that it was withdrawing from the
Optional Protocol on Vienna Convention and was
(A) summarily without need of trial. not bound by the ICJ decision. What principle of
(B) through trial by commissioner. international law did State X violate?
(C) ex parte. (A) Pacta Sunt Servanda
(D) through speedy arbitration. (B) Act of State Doctrine
(38) When the President orders the Chief of (C) Protective Principle
the Philippine National Police to suspend the is- (D) J us Co gens
suance of permits to carry firearms outside the
residence, the President exercises (40) An informer told the police that a Toy-
ota Car with plate ABC 134 would deliver an un-
(A) the power of control. specified quantity of ecstasy in Forbes Park,
(B) the Commander-in-Chief power. Makati City. The officers whom the police sent to
92 POLJTICAL LAW AND PI.IBLJC INTERNATIONAL LAW BAR Q & A (2009-2019) 93

watch the Forbes Park gates saw the described (D) authorize the citizens arm to use election
car and flagged it down. When the driver stopped returns for unofficial count.
and lowered his window, an officer saw a gun
tucked on the driver's waist. The officer asked the (42) The President may proclaim martial law
driver to step out and he did. When an officer over a particular province subject to revocation
looked inside the car, he saw many tablets strewn or extension
on the driver's seat. The driver admitted they
were ecstasy. Is the search valid? (A) by Congress, subject to ratification by the Su-
preme Court.
(A) No, the rule on warrantless search of moving (B) by the ·supreme Court.
vehicle does not allow arbitrariness on the part of
the police. (C) by Congress alone
(B) Yes, the police officers had the duty to verify (D) by Cor).gress, upon recommendation of the re-
the truth of the information they got and pursue it spective Sangguniang Panlalawigan.
to the end.
(43) Duri~g his incumbency, President Car-
(C) Yes, the police acted based on reliable in- los shot to death one of his advisers during a
formation and the fact that an officer saw the heated argument over a game of golf that they
driver carrying a gun. were playing. The deceased adviser's family filed
(D) No, police officers do not have unbridled dis- a case of homicide against President Carlos be-
cretion to conduct a warrantless search of moving fore the city prosecutor's office. He moved to dis-
vehicles. miss the case, invoking · presidential immunity
from suit. Should the case be dismissed?
(41) The Commission on Elections is an in-
dependent body tasked to enforce all laws relative (A) Yes, his immunity covers hjs interactions with
to the conduct of elections. Hence, it may his official family, incl1;1ding the deceased adviser.
(B) No, his immunity covers only work-related
(A) conduct two kinds of electoral count: a slow crimes.
but official count; and a quick but unofficial count.
{C) Yes, his immunity holds for the whole
(B) make an advance and unofficial canvass of duration of his tenure.
election returns through electronic transmission.
(D) No, his immunity does not cover crimes in-
(C) undertake a separate and unofficial tabula-
volving moral turpitude.
tion of the results of the election manually.
 POLITJCAL LAW AN"'D PlJBLIC INTERNATIONAL LAW
BAR Q & A (2009-2019) 95
94

(44)The School Principal of Ramon Magsay- (A) Yes, since the vetoed condition may be sepa- ,
say High School designated Maria, her daughter, rated from the item.
as public school teacher in her school. The desig- (B) Yes, the President's veto power is abso1ute.
nation was assailed on ground of nepotism. Is
(C) No, since the veto amounted to a suppression
such designation valid? of the freedom to communicate through television.
(A) No, because the law prohibits relatives from (D) No, since the approval of the item car-
working within the same government unit. ried with it the approval of the condition at-
(B) Yes, because Maria's position does not tached to it.
fall within the prohibition.
(47) In the exercise of its power of legislative
(C) No, because her mother is not the designating . inquiries and oversight functions, the House of
authority. • Representatives or the Senate may only ask ques-
(D) No, because Maria is related to the supervis- tions
ing authority within the prohibited degree of con-
(A) that the official called is willing to answer.
sanguinity. ,
(B) that are relevant to the proposed legislation.
(45)The President's appointment of an act-
(C) to which the witness gave his prior consent.
ing secretary although Congress is in session is
(D) material to the subject of inquiry.
(A) voidable.
(48) An ordinance prohibits "notorious street
(B) valid.
gang members" from loitering in public places.
(C) invalid. The police are to disperse them or, if they refuse,
(D) unenforceable. place them under arrest. The ordinance enumer-
ates which police officers can make arrest and
(46) Congress passed a bill appropriating defines street gangs, membership in them, and
P50 million in assistance to locally based televi- public areas. The ordinance was challenged for
sion stations subject to the condition that the being vague regarding the meaning of "notorious
amount would be available only in places where street gang members." Is the ordinance valid?
commercial national television stations do not
operate. The President approved the appropria- (A) No, ,it leaves the public uncertain as to
tion but vetoed the condition. Was the veto valid? what conduct it prohibits.
96 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 97

(B) No, since it diecriminates between loitering in (C). police and other law enforcement agencies .
public places and loitering in private places.
(D) City or Provincial Prosecutor.
(C) Yes, it provides fair warning to gang members
prior to arrest regarding their. unlawful conduct. (52) A law authorized the Secretary of Agri-
(D) Yes, it is sufficiently clear for the public to .culture to require the quarantine of animals that
know what acts it prohibits. · suffer from dangerous communicable diseases at
, such place and for such time he deems necessary
(49) The people may approve or reject a pro- ; to prevent their spread. The Secretary of Agricul-
posal to allow foreign investors to own lands in .· ture issued a regulation, imposing a penalty of
the Philippines through an electoral process i' imprisonment for 10 days on persons transporting
called quarantined animals without his permission. The
regulation is
(A) referendum.
(A) a valid exercise of the power of subordinate
(B) plebiscite. legislation.
(C) initiative. (B) invalid for being ultra vires.
(D) certification. (C) a valid exercise of police power.
(50) Where a candidate for the Senate stated (D) invalid for being discriminatory.
in his certificate of candidacy that he is single,
when he is very much married, though separated, (53) Small-scale utilization of natural re-
his certificate of candidacy sources by Filipino citizens may be allowed by

(A) may be canceled. (A) Congress.

(B) will subject him to a quo warranto action. (B) either the Senate or the House of Representa-
tives.
(C) remains valid.
(C) the President.
(D) may be denied due course.
(D) the President with the consent of Congress.
(51) A candidate who commits vote buying
on Electfon Day itself shall be prosecuted by the (54) When th~ Civil Service Commission
(CSC) approves the appointment of the Executive
(A) COMELEC. Director of the Land Transportation Franchising
(B) Secretary of Justice.
98 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019)
99

and Regulatory Board who possesses all the pres- (56) .When the Supreme Court nullified the
cribed qualifications, the CSC performs decisions of the military tribunal for lack of juris-
diction, it excluded from their coverage decisions
(A) a discretionary duty. of acquittal where the defendants were deemed to
(B) a mix discretionary and ministerial duty. have acquired a vested right. In so doing, the Su-
preme Court applied
(C) a ministerial duty.
(D) a rule-making duty. (A) the operative fact doctrine.
(B) the rule against double jeopardy.
(55) Xian and Yani ran for Congressman in
the same district. During the canvassing, Y ani (C) the doctrine of supervening event.
objected to several returns which he said were (D) the orthodox doctrine.
tampered with. The board of canvassers did not
entertain Yani's objections for lack of authority to (57) Accused X pleaded not guilty to the
do so. Y ani questions the law prohibiting the fil- charge of homicide against him. Since he was ad-
ing of pre-proclamation cases involving the elec- mitted to bail, they sent him notices to attend the
tion of Congressmen since the Constitution grants hearings of his case. But he did not show up, des-
COMELEC jurisdiction over all pre-proclamation pite notice, in four successive hearings without
cases, without distinction. Is Yani correct? offering any justification. The prosecution moved
to present evideqce in absentia but the court de-
(A) Yes, the Constitution grants jurisdiction to nied the motion on the ground that the accused
COMELEC on all pre-proclamation cases, without has a right to be present at his trial. Is the court
exception. correct?
(B) No, COMELEC's jurisdiction over pre-
proclamation cases pertains only to elections (A) No, the court is mandated to hold trial in
for regional, provincial, and city officials. absentia when the accused had been ar-
raigned, had notice, and his absence was un-
(C) No, COMELEC's jurisdiction over pre- justified.
proclamation cases does not include those that
must be brought directly to the courts. (B) Yes, it remains discretionary on the court
whether to conduct trial in absentia even if the ac-
(D) Yes, any conflict between the law and the
cused had been arraigned and had notice and did
Constitution ·relative to COMELEC's jurisdiction not justify his absence.
must be resolved in favor of the Constitution.
 BAR Q & A (2009-2019) 101
POLITICAL LAW A.1'\ffi Pl;BLIC INTERNATIONAL LAW
100

(D) an: agent of the party to whom the property

(C) Yes, it is within the court's discretion to de-
will ultimately be awarded.
termine how many postponements it will grant the
accused before trying him in absentia. (60) The COMELEC en bane shall decide a
(D) No, the court may reject trial in absentia only :motion for reconsideration of
on grounds of fraud, accident, mistake, or excusable
negligence. (A) the House or Representatives and the Senate
electoral tribunals.
(58) Following COMELEC Chairman Bocay's
(B) the decision of the election registrar.
conviction for acts of corruption in the impeach-
ment proceedings, he was indicted for plunder (C) the decision of the COMELEC division
before the Sandiganbayan and found guilty, as involving an election protest.
charged. Can he get Presidential pardon on the (D) its own decision involving an election protest.
plunder case?
(61) Adela served as Mayor of Kasim for 2
(A) No, plunder is not a pardonable offense. consecutive terms. On her third term, COMELEC
(B) No, conviction in a criminal case for the same ousted her in an election protest that Gudi, her
acts charged in the impeachment proceedings is not opponent, filed against her. Two years later, Gudi
pardonable. faced recall proceedings and Adela ran in the re-
(C) Yes, convictions in two different fora for the call election against him. Adela won and served as
same acts, are too harsh that they are not beyond Mayor for Gudi's remaining term. Can Adela run
the reach of the President's pardoning power. again for Mayor in the next succeeding election
without violating the 3 term limit?
(D) Yes, conviction in court in a criminal ac-
tion is subject to the Presiden~'s ·pardoning (A) No, she won the regular mayoralty election for
power. two consecutive terms and the recall election con-
stitutes her third term.
(59) A private person constituted by the
(B) A. No, she already won the mayoralty election
court as custodian of property attached to secure
for 3 consecutive terms.
a debt sought to be recovered in a civil proceed-
ing is (C) Yes, her ouster from office in her third
term interrupted the continuity of her service
(A) a private sheriff. as mayor.
(B) a public officer.
(C) a private warehouseman.
 BAR Q & A (2009-2019) 103
POLITICAL LAW AND PuBLIC INTERNATIONAL LAW
102

gresswoman. What was Manresa's status during ;

(D) Yes, the fresh mandate given her during the
her incumbency as congresswoman?
recall election erased her disqualification for a
third term. (A) She was a de Jure officer, having been duly
elected.
(62) A child born in the United States to a
Filipino mother and an American father is (B) She was not a public officer because she had
no valid existing public office.
(A) a Filipino citizen by election.
(C) She was a de jure officer since she completed
(B) a repatriated Filipino citizen. her term before she was disqualified.
(C) a dual citizen. (D) She was a de facto officer since she was
(D) a natural born Filipino citizen. elected, served, and her disqualification only
came later.
[Note: (C) is offered as an acceptable answer because of the
concurrence in application of the jus soli and jus sanguinis princi- (65) Whose appointment is NOT subject to
ples.] confirmation by the Commission on Appoint-
ments?
(63) Involuntary servitude may be required
as (A) Chairman of the Civil Service Commission
(A) part of rehabilitation of one duly charged with (B) Chief Justice of the Supreme Court
a crime. (C) Chief of Staff of the Armed Forces of the Phil-
(B) substitute penalty for one who has been duly ippines
tried for a crime. (D) Executive Secretary
{C) punishment for a crime where one has
been duly convicted. (66) The system of checks and balances op-
erates when
(D) condition precedent to one's valid arraign-
ment. (A) the President nullifies a conviction in a
criminal case by pardoning the offender.
(64) Van sought to disqualify Manresa as
congresswoman of the third district of Manila on (B) Congress increase·s the budget proposal of the
the ground that the latter is a greencard holder. President.
By the time the case was decided against Man- (C) the President does not release the countryside
resa, she had already served her full term as con- development funds to members of Congress.
 BAR Q & A (2009-2019) 105
POLIT!CAL LAW AND PuBLIC INTERNATIONAL LAW
104

(D) Congress expands the appellate jurisdiction of (C) residual power.

the Supreme Court, as defined by the Constitution. (D) inherent power.

(67) The price of staple goods like rice may (70) Amor sued for annulment of a deed of
be regulated for the protection of the consuming sale of Lot I. While the case was ongoing, Balta-
public through the exercise of zar, an interested buyer, got a Certification from
Atty. Crispin, the Clerk of Court, that Lot 1 was
(A) power of subordinate legislation. not involved in any pending case before the court.
(B) emergency power. Acting on the certification, the Register of Deeds
canceled the notice of lis pendens annotated on
(C) police power. Lot l's title. Amor filed a damage suit against
(D) residual power. Atty. Crispin but the latter invoked good faith and
immunity from suit for acts relating to his official
(68) Associate Justice A retires from the Su- duty, claiming he was not yet the Clerk of Court
preme Court 90 days before the forthcoming when Amor filed his action. Decide.
Presidential election. May the incumbent Presi-
dent still appoint Justice A's succ.essor? (A) Atty. Crispin is immune from suit since he en-
joys the presumption of regularity of performance
(A) No, it will violate the Constitutional prohibi- of public duty.
tion against midnight appointments. (B) Atty. Crispin's defense is invalid since he
(B) Yes, vacancies in the Supreme Court issued his certification recklessly without
should be filled within 90 days from occur- checking the facts.
rence of the vacancy. (C) Atty. Crispin's defense is valid since he was
(C) Yes, vacancies in the Supreme Court should unaware of the pendency of the case.
be filled within 90 days from submission of JBC
(D) As Clerk of Court, Atty. Crispin enjoys abso-
nominees to the President. lute immunity from suit for acts relating to his
(D) No, the incumbent President must yield to the work.
choice of the next President ,
(71) The Housing and Land Use Regulatory
(69) The President may set a limit on the Board (HLURB) found Atlantic Homes, Inc. liable
country's import quota in the exercise of his in damages arising from its delayed release of the
title to the house and lot that it sold to Josephine.
(A) delegated power. Atlantic appealed to the Office of the President
(B) concurring power. which rendered a one page decision, affirming the
106 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 107

attached HLURB judgment. Atlantic challenges (A) The City of Cebu is not liable because its
the validity of the decision of the Office of the employee was engaged in the discharge of a
President for not stating the facts and the law on governmental function.
which it is based. Is the challenge correct?
(B) The City of Cebu is liable for the tort commit-
(A) No, the Office of the President is governed by ted by its employee while in the discharge of a non-
its own rules respecting review of cases appealed to governmental function.
it. (C) The City of Cebu is liable in accord with the
(B) Yes, the decision of the Office of the President
precept of respondeat superior.
must contain its own crafted factual findings and (D) The City of Cebu is not liable as a conse-
legal conclusions. quence of its non-suitability.
(C) Yes, administrative due process demands that
the Office of the President make findings and con- (73) During promulgation of sentence, the
clusions independent of its subordinate. presence of the accused is mandatory but he may
appear by counsel or representative when
(D) No, the Office of the President is not pre-
cluded from adopting the factual findings and (A) he is charged with a light offense.
legal conclusions contained in the HLURB
(B) he was able to cross-examine the prosecution's
decision. witnesses.
(72) A collision occurred.in::volving a passen- (C) he waives his right to be present.
ger jeepney driven by Leonardo, a cargo truck
(D) he is convicted of a bailable offense.
driven by Joseph, and a dump truck driven by
Lauro but owned by the City of Cebu. Lauro was (74) An information for murder was filed
on his way to ·get a load of sand for the repair of against X. After examining the case records for-
the road along Fuente Street, Cebu City. As a re- warded to him by the prosecution, the trial judge
sult of the collision, 3 passengers of the jeepney granted bail to X based on the prosecution's mani-
died. Their families filed a complaint for damages festation_ that it was not objecting to the grant of
against Joseph who in turn filed a third party bail. Is the trial judge correct?
complaint against the City of Cebu and Lauro. Is
the City of Cebu liable for the tort committed by (A) Yes, the trial judge may evaluate the strength
its employee? or weakness of the evidence based on the case re-
cords forwarded to him.
 POLITICAL LAW AND PuBLIC lNTEfu'l"ATIONAL LAW
BAA Q & A (2009-2019) 109
108

(B) No, the trial judge should have held a (A) requires the tribunal to consider the
hearing to ascertain the quality of the evi- evidence presented.
dence of guilt that the prosecution had (B) allows the losing party to file a motion for re-
against X. consideration.
(C) No, the trial judge should have conducted a (C) requires hearing the parties on oral argu-
hearing to ascertain first whether or not X_was val- ment.
idly arrested.
(D) permits the parties to flle memoranda.
(D) Yes, the trial judge may reasonably rely on
the prosecution's manifestation that he had no ob- (78) The Constitution prohibits cruel and in-
jection to the grant of bail. human punishments which involve

(75) The President CANNOT call out the (A) torture or lingering suffering.
military (B) primitive and gross penalties.
(A) to enforce customs laws. (C) unusual penal methods.
(B) to secure shopping malls against terrorists. (D) degrading and queer penalties.
(C) to arrest persons committing rebellion.
(79) Judge Lloyd was charged with serious
(D) to raid a suspected haven of lawless elements. misconduct before the Supreme Court. The Court
found him guilty and ordered him dismissed. Be-
(76) Mass media in the Philippines may be lieving that the decision was not immediately
owned and managed by executory, he decided a case that had been sub-
mitted for resolution. The decision became final
(A) corporations wholly owned and managed and executory. But the losing party filed a certio-
by Filipinos. rari action with the Court of Appeals seeking to
(B) corporations 60% owned by Filipinos. annul the writ of execution issued in the case and
bar Judge Lloyd from further acting as judge. Can
(C) corporations wholly owned by Filipinos.
the relief against Judge Lloyd be granted?
(D) corporations 60% owned and managed by
Filipinos. (A) No, Judge Lloyd's right to stay as judge
may be challenged only by direct proceeding,
(77) Procedural due process in administra- not collaterally. ·
tive proceedings
 BARQ &A(2009-20191 111
POL11'1CAL LAW A.'\u PuBLlC lNTERNATIO?-lAL LAW
110

(B) Yes, the action against Judge Lloyd may be Election Registrar, a petition for recall against
consolidated with the case before the Court of Ap- Anton. The COMELEC approved the petition and
peals and decided by it. set a date for its signing by other qualified voters
in order to garner at least 25% of the total number
(C) Yes, Judge Lloyd's right to stay as judge may of registered voters or total number of those who
be chal1enged as a necessary incident of the certio- actually voted during the local election in 2005,
rari action. whichever is lower. Anton attacked the COME-
(D) No, the losing party has no standing to chal- LEC resolution for being invalid. Do you agree
lenge Judge Lloyd's right to stay as judge. with Anton?

(80) Executive Secretary Chua issued an or- (A) No, the petition, though initiated by just one
der prohibiting the holding of rallies along Men- person, may be ratified by at least 25% of the total
diola because it hampers the traffic flow to Mala- number of registered voters.
canang. A group of militants questioned the order (B) No, the petition, though initiated by just one
for being unconstitutional and filed a case against person may be ratified by at least 25% of those who
Secretary Chua to restrain him from enforcing actually voted during the 2004 local elections.
the order. Secretary Chua raised state immunity
from suit claiming that the state cannot be sued (C) Yes, the petition ~hould be initiated by at
without its consent. Is the claim correct? least 25% of the total number of registered voters
who actually voted during the 2004 local elections.
(A) No, public officers may be sued to res- (D) Yes, the petition should be initiated by at
train them from enforcing -·an act claimed to least 25% of the total number of registered
be unconstitutional. voters of Tunawi.
(B) Yes, the order v•.:as not a proprietary act of the
(82) Using the description of the supplier of
government.
shabu given by persons who had been arrested
(C) No, only the president may raise the defense earlier for selling it, the police conducted a sur-
of immunity from sui-:. veillance of the area indicated. When they saw a
(D) Yes, Secretary 8hua cannot be sued for acts man who fitted (sic) the description walking from
done in pursuance to his public office. the apartment to his car, they approached and
frisked him and he did not object. The search
(81) Anton was the duly elected Mayor of yielded an unlicensed gun tucked on his waist
Tunawi in the local elections of 2004. He got 51 % and shabu in his car. Is the search valid?
of all the votes cast. Fourteen months later, Victo-
ria, who also ran for mayor, filed with the Local
112 POLITICAL LAW A.ND PUBLIC INTERi.'.:/ATIONAL LAW BAR Q & A (2009-2019) 113

(A) No, the man did not manifest any suspi- (B) the President, the appointing power.
cious behavior that would give the police suf-
(C) Supreme Court issuances.
ficient reason to search him.
(D) the rules of court.
(B) Yes, the police acted on reliable information
which proved correct when they searched the man
(85) When an elective official's prevoentive
and his car.
suspension will result in depriving his constitu-
(C) Yes, the man should be deemed to have ents of his services or representation, the court
waived his right to challenge the search when he may
failed to object to the frisking.
(A) require the investigating body to expe-
(D) No, reliable information alone, absent any
dite the investigation.
proof beyond reasonable doubt that the man was
actually committing an offense, will not validate (B) hold in abeyance the period of such suspen-
the search. sion.
(C) direct the holding of an election to fill up the
(83) A law interfering with the rights of the
temporary vacancy.
person meets the requirements of substantive due
process when (D) shorten the period of such suspension.

(A) the means employed is not against public pol- (86) When the State requires private ceme-
icy. teries to reserve 10% of their lots for burial of the
poor, it _exercises its
(B) it is in accord with the prescribed manner of
enforcement as to time, place, and person. (A) eminent domain power.
(C) all affected parties are given the chance to be (B) zoning power.
heard.
(C) police power.
(D) the interest of the general public, as dis-
tinguished from those · of a particular case, (D) taxing power.
requires such interference.
(87) In the valid exercise of management
(84) A judge of the Regional Trial Court de- prerogative consistent with t~e company's right
rives his powers and duties from to protect its economic interest, it may prohibit
its employees from ·
(A) statute.
(A) joining rallies during their work shift.
114 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 115

(B) marrying employees of competitor companies. (C) after his term ofoffice.
(C) publicly converging with patrons of competi- (D) after his tenure of office.
tor companies.
(D) patronizing the product of competitor (90) The Senate Blue Ribbon Committee
companies. summoned X, a former department secretary, to
shed light on his alleged illicit acquisition of
(88) The President issued an executive order properties claimed by the Presidential Commis-
directing all department heads to secure his con- sion on Good Government. X sought to restrain
sent before agreeing to appear during question the Committee from proceeding with its investi-
hour before Congress on matters pertaining to gation because of a pending criminal case against
their departments. Is the executive order uncon- him before the Sandiganbayan for ill-gotten
stitutional for suppressing information of public wealth involving the same properties. Decide. The
concern? investigation may

(A) No, because those department heads -are his (A) not be restrained on ground of separation of
alter egos and he is but exercising his right against powers.
self-incrimination. (B) be restrained on ground of prejudicial ques-
(B) Yes, the President cannot control the initia- tion.
tive of the department heads to conform with the (C) not be restrained on ground of presumed va-
oversight function of Congress. _ . lidity of legislative action.
(C) Yes, the President cannot withhold consent to (D) be restrained for being sub judice.
the initiative of his department heads as it will vio-
late the principle of check and balance. [Note: (A) is offered as an acceptable answer as this would be
considered as consistent with the. rule that the conduct and subjects
(D) No, the President has the power to with- of legislative inquiries ai::e political questions. (De la Paz v. Senate,
hold consent to appearance by his depart- G.R. No. 184849, February 13, 2009)]
ment heads during question hour.
(91) A government that actually exercises
(89) When the President contracted a per- power and control as opposed to the true and law-
sonal loan during his incumbency, he may be sued ful government is in terms of legitimacy
for sum of money
(A) a government of force.
(A) during his term of office. (B) an interim government.
(B) during his tenure of office. (C) a de facto governni.ent.
116 POI,IT!CAL LAW AN'IJ PCBLIC INTERNATIONAL LAW BAR Q & A (2009-2019 J 117

(D) an illegitimate government. (C) the day he files his certificate of candidacy.

(92) The Special Committee on Naturaliza-

(D) the day he takes his oath of office.
tion is headed by
(95) The Office of the Special Prosecutor may
(A) the Secretary of Justice. file an information against a public officer for
graft
(B) the Secretary of Foreign Affairs.
(A) on its own initiative subject to withdrawal of
(C) the National Security Adviser.
the information by the Ombudsman.
(D) the Solicitor General.
(B) independently of the Ombudsman, except in
(93) The President issued Proclamation 9517 plunder cases.
declaring a state of emergency and calling the (C) only when authorized by the Ombuds-
armed forces to immediately carry out necessary man.
measures to suppress terrorism and lawless vio-
(D) independently of the Ombudsman.
lence. In the same proclamation, he directed the
government's temporary takeover of the opera-
(96) Since the Constitution is silent as to who
tions of all privately owned communication utili-
can appoint the Chairman of the Commission on
ties, prescribing reasonable terms for the take-
Human Rights, the President appointed W to that
over. Is the takeover valid?
position without submitting his appointment to
(A) Yes, it is an implied power flowing from the the Commission on Appointments for confirma-
President's exercise of emergency power. tion. Is W's appointment by the President valid?

(B) No, it is a power reserved for Congress (A) No, since the position of Chairman of the
alone. Commission was created by statute, the appoint-
(C) Yes, subject to ratification by Congress. ment of its holder requires the consent of Congress.

(D) No, it is a power exclusively reserved for the (B) Yes, since the power to appoint in the
People's direct action. government, if not lodged elsewhere, belongs
to the President as Chief Executive.
(94) A candidate for Senator must be at least (C) Yes, since the power to fill up all government
35 years old on positions mentioned in the Constitution has been
lodged in the President.
(A) the day he is duly proclaimed.
(B) the day the election is held.
 POLITICAL LAW Al'ID PlJBLIC INTERNATIONAL LAw BAR Q & A (2009-2019 ! 119
118

(D) No, because absent any express authority un- (99) Mayor Lucia of Casidsid filed her cer-
der the Constitution, the power to appoint does not tificate of ·candidacy for congresswoman of the
exist. district covering Casidsid. Still, she continued to
act as mayor of Casidsid without collecting her
(97) The Chief Justice appointed X, the salaries as such. When.she lost the election and a
President's sister, as Assistant Court Administra- new mayor assumed office, she filed an action to
tor in the Supreme Court during the President's collect the salaries she did not get while serving
tenure. Claiming that the Constitution prohibits as mayor even when she ran for congresswoman.
the appointment in government of a President's Is her action correct?
relative, a taxpayer asks for its nullification. Will
the challenge prosper? (A) No, salaries can be waived and she waived
them.
(A) Yes, since the• appointment essentially vio-
(B) No, because her acts as de facto officer
lates the law against nepotism.
are void insofar as she is concerned.
(B) Yes, because relatives of the President within
(C) Yes, public policy demands that a de facto of
the fourth civil degree cannot be appointed as
ficer enjoy the same rights of a de Jure officer.
heads of offices in any department of government.
(D) A. Yes, it is but just that she be paid for the
(C) No, X's appointment, although in the govern-
service she rendered.
ment, is not in the Executive Department that the
President heads. (100) X, a Filipino and Y, an American, both
(D) No, the position to which X was ap- teach at the International Institute in Manila. The
pointed is not among those prohibited under institute gave X a salary rate of Pl,000 per hour
the Constitution. and Y, Pl,250 per hour plus housing, transporta-
tion, shipping costs, and leave travel allowance.
(98) May an incumbent Justice of the Su- The school cited the dislocation factor and limited
preme Court be disbarred as a lawyer? tenure of Y to justify his high salary rate and ad-
ditional benefits. The same package was given to
(A) No, it will amount to removal. the other foreign teachers. The Filipino teachers
(B) No, his membership in the bar is secure. assailed -such differential treatment, claiming it is
discriminatory and violates the equal protection
(C) Yes, by the Supreme Court itself.
clause. Decide.
(D) Yes, by Congress in joint session.
(A) The ciassification is based on superficial
differences.
 BAR Q & A (2009-2019) 121
120 POLITICAL LAW AND Pui3LIC INTERNATIONAL LAW

(B) The classification undermines the "Filipino 2012

First" policy.
(C) The distinction is fair considering the burden Set A
of teaching abroad.
1. Constitution is defined by Cooley as:
(D) The distinction is substantial and uniformly
applied to each class. a. a body of statutory, administrative and
political provisions by which the three branches of
government are defined.
b. a body of rules and maxims in accor-
dance with which the powers of sovereignty
are habitually exercised.
c. a body of rules and edicts emanating from
the rulings of courts and written guidelines of the
executive and the legislature by v,rhich government
is governed.
d. a body of interpretations and rules by
which the three branches of government are judged
for purposes of sovereign compliance with good cor-
porate governance.

2. The three essential parts of a Constitu-

tion are:

a. the bill of rights, governmental or-

ganization and functions, and method of
amendment.
b. the preamble, the bill of rights, and provi-
sions on checks and balances.
c. · the national territory, the declaration of
principles and state policies, and the transitory
provisions.
122 F'OLIT!CAL LAW .11.l'iTI PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 123

d. the executive department, the legislative d. more than 3% of the 3o/c of the registered
department and the judiciary. voters of each district but less than 12% of the total
number of registered voters nationwide.
3. The constitutional provision on initiative
and referendum is not self-executory. This is so 5. The Constitution declares that the Phil-
because it requires: ippines is a republican state. Republicanism
means:
a. an implementing resolution from the
COMELEC. a. the form of government must be presiden-
tial.
b. an implementing resolution from the Su-
preme Court. b. the representatives of the govern-
c. an implementing legislation. ment are elected by the people.

d. an implementing resolution from the c. sovereignty resides in the elected repre-

party-list representative of the House of Represen- sentatives of the government.
tativEs. d. the form of government cannot be
changed by the people.
4. In an amendment to the constitution by
"initiative and referendum", the "initiative" phase 6. A chief characteristic of the presidential
is meant that the people propose the amendments. form of government is:
There is a valid proposal when a proposition has
received the approval of: a. concentration of power in the judiciary
thru the power of expanded judicial review.
a. at least 3% of the persons of majority age
b. supremacy of the presidency compared to
of each district, and 12% of the registered voters of
the totality of powers of the legislative.
the region from proposal emanates.
c. regular periodic election of the
b. at least 3% of the registered voters of each
President for a fixed term.
province and 12% of the total number of registered
voters nationwide. d. unlimited term for the President for a!:'
long as elected. by the people in free and honest
c. at least 3% of the registered voters of
elections.
each district and 12% of the total number of
registered voters nationwide. 7. Which of the following best exemplifies
how the system of checks and balances is carried
out:
124 POLITICAL LAW AND PT.JBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 125

a. the legislature passes a law that prohibits a. the free exercise clause.
the president from commuting a judiciary imposed
b. the non-establishment clause.
sentence, as a check of the president.
c. the freedom ofreligious belief clause.
b. the President pardons a convict as a
way to set aside or modify a judgment of the d. the freedom of religion clause.
judiciary.
10. Which one of the following is a non-self.
c. the judiciary overturns a pardon granted executing provision of the Constitution:
by the President as a check on executions.
d. the President pardons an accused after a. no law shall be passed abridging the free-
arraignment in the interest of justice. dom of speech.
b. no law shall be made respecting an estab-
8. Which phrase best completes the state- lishment of religion.
ment - The starting point of the principle of sepa-
ration of powers is the assumption of the division c. no person shall be held to answer for a
of the functions of government into three distinct criminal offense.,without due process of law.
classes: d. the state shall encourage and support
researches and studies on the arts and cul-
a. the bill of rights, state policies, and social ture.
justice and human rights.
b. the accountability of pubHc officers, the 11. Basic Philippine law, in respect of the
constitutional commissions, and the national econ- modes of acquiring citizenship, follows the rule(s)
omy and patrimony. of:
c. the self-executing provisions, the non-self- a. jus soli andjus sanguinis.
executing provisions, and the . self-evident social
justice provisions. b. naturalization and provides forjus soli.
d. the executive, the legislative, and the c. jus sanguinis and provides for natu-
judicial. ralization.
d. none of the above.
9. The Constitution provides that the "sepa-
ration of church and state shall be invioiable." 12. Dual allegiance by citizen is:
This is implemented most by the constitutional
principles embodied in: a. inimical to the national interest and is
therefore proscribed by law.
 PuBuc INTERNATIONAL L<\W BAR Q &A (2009-2019) 127
126 POLITICAL LAW A.,.'l])

b. inimical to the national interest and is 14. Identify which one is an invalid exercise
therefore prescribed by law. of the legislative power:
c. inimical to the national interest and a. legislation by local government on purely
therefore shall be dealt with by law. local matters.
d. inimical to the national interest and is b. law . granting an administrative
therefore outside of coverage oflaw. agency the power to define policy and fix
standards on price control.
13. Margarita was born in 1986 to a Filipino
mother and Swedish father. She has been living c. law authorizing the President, in times of
and continues to live in the US for the last 20 · war or other national emergency, for a limited pe-
years and has also been naturalized as a US citi- riod, subject to prescribed restrictions, to exercise
zen. She recently reacquired Philippine citizen- powers necessary and proper to carry out a de-
ship under RA 9225, the Citizenship Retention clared national policy.
and Reacquisition Act of 2003. Can Margarita vote d. law authorizing the President to fix,
in the next national elections? within specific limits, tariff rates, import and ex-
port quotas, and other duties, within the frame-
a. Yes. Dual citizens who are not resi- work of the national development program of the
dents may register under the Overseas Absen- government.
tee Voting Law.
b. Yes. Margarita is a Filipino citizen and 15. · Which orie of the following theories does
thus may enjoy the right to suffrage like everyone not support the valid delegation of authority by
else without registering as an overseas absentee the Congress to an administrative agency:
voter.
a. an administrative agency may "fill up the
c. No. Margarita fails the residency require- details" of a statute.
ment under Section 1, Article V of the Constitution
for Filipinos. b. the legislature may leave to another body
the ascertainment of facts necessary to bring the
d. No. Dual citizens upon renunciation of law into actual operation.
their Filipino citizenship and acquisition of foreign
citizenship, have practically and legally abandoned c. an administrative agency has equal
their domicile and severed their legal ties to their expertise with the legislature in crafting and
homeland as a consequence. implementing laws.
d. contingent legislation.
128 POLITICAL LAW AND PtJBLIC INTERNAT!Ol\AL LAW BAR Q & A 12009-20191 129

16. The rule in Article Vl, Section 5 (3) of the 19. No Senator or member of the House of
Constitution that "Each legislative district shall Representatives may personally appear as coun-
comprise, as far as practicable, contiguous, com- sel before:
pact and adjacent territory" is a prohibition
against: a. any regional court.

a. re-apportionment. b. any court of justice.

b. commandeering of votes. c. any inferior court.

c. Gerrymandering. d. any appellate court.

d. re-districting. 20. Which of the following can be changed by

an ordinary law enacted by Congress?
17. Article Vl, Section 5(3) of the Constitu-
tion requires that for a city to be entitled to have a. Commencement of the term of office
at least one representative, its population shall be of Senators.
at least:
b. Date of regular election for President and
Vice Presidential.
a. 250,000.
c. Authority to transfer appropriation.
b. 150,000.
c, 100,000. d. Regular election of the members of Con-
gress.
d. 175,000.
[Note: (d) is offered as an acceptable answer. (Constitution, Ar-
18. A Senator or Member of the House of ticle VII, Section 4, 3''' paragraph)]
Representatives shall be privileged from arrest
while Congress is in session for all offenses pun- 21. Congress shall have the sole power to de-
ishable by imprisonment of not more than: clare the existence of a state of war by vote of:

a. life imprisonment. a. three-fourths of both Houses in joint ses-

sion assembled, voting jointly.
b. reclusion perpetua.
b. two-thirds of both Houses in joint session
c. six years imprisonment. assembled, voting jointly.
d. four years imprisonment. c. two-thirds of both Houses in separate ses-
sion assembled, voting jointly.
 BAR Q & A (2009-2019) 131
130 POLITICAL LAW AND Pul3LIC INTERNATIONAL LAW

d. two-thirds of both Houses in joint 25. The power of the President to veto any
session, voting separately. particular part in an appropriation revenue, or
tariff bill, is called the:
22. If by the end of any fiscal year, the Con-
gress shall have failed to pass the general appro- a. specific veto.
priations bill for the ensuring fiscal year, the gen- b. revenue veto.
eral appropriations law for the preceding fiscal
c. item veto.
year shall be deemed:
d. monetary veto.
a. referred.
b. unacted. 26. A tax is progressive when:

c. refilled. a. the rate fluctuates as the tax base de-

creases.
d. re-enacted.
b. the rate increases as the tax base remains
23. Provisions unrelated to an appropriation the same.
bill are considered prohibited. These are called:
c. the rate increases as the tax base in-
a. interlopers. creases.

b. riders. d. the rate decreases as the tax base in-

creases.
C. outriggers.
d. add-ons. 27. When the Supreme Court sits en bane,
cases are decided by the concurrence of a major-
24. The requirement that "Every bill shall ity of the members-who:
embrace only one subject which shall be ex-
pressed in the title thereof' prevents: a. actually sent in memos on matters for de-
liberation and called in their votes thereon.
a. rollercoaster legislation. b. actually participated in the oral argu-
b. log-rolling legislation. ments and voted thereon.
c. rolling fields legislation. c. actually took part in the delibera-
tions on the issues in the case and voted
d. loggerhead legislation. thereon.
 POLITICAL LAW Ai"l1) Pl:13LIC INTERNATIONAL LAW BAR Q & A (2009-2019) 133
132

d. actually took part in the voting thereon tion-building and shall promote and protect their
and took notes on the actual deliberations. physical, moral, spiritual, intellectual, and social
well-being''. Fr. Gal filed the petition as a con-
28. When the Supreme Court sits in division, cerned citizen and as taxpayer. Does Fr. Gal have
cases can be decided by as few as a minimum of: locus standi?

a. three votes. a. No, because Fr. Gal has no personal

b. four votes. and substantial interest that will be preju-
diced by the implementation of the law.
c. five votes.
b. No, the law concerns neither citizens nor
d. six votes. expenditure of public funds.
29. A person who has a personal and subs- c. Yes, because the issue is of transcenden-
tantial interest in the case, such that he has sus- tal importance.
tained, or will sustain, direct injury as a result of d. Yes, because as priest, Fr. Gal has special
its enforcement is considered to have: interest in the well-being of the youth.
a. understanding to challenge the govern- 31. Where there is "the impossibility of a
mental act. court's undertaking independent resolution with-
b. standing to challenge the govern- out expressing lack of the respect due coordinate
mental act. branches of government; or an unusual need for
unquestioning adherence to a political decision
c. opportunity to challenge the governmen- already made; or the potentially of embarrass-
tal act. ment from multifarious pronouncement by vari-
d. familiarity to challenge the governmental ous departments on a question," describes what
act. kind of political qu":stion: ·

30. Congressman Sugar 011 authored a bill a. adherence kind.

called House Bill No, 0056 which legalizes jueteng. b. prudential kind.
When the Bill became law (RA 10156), Fr. Nosu
Gal, a priest, filed a petition seeking for the nulli- c. respectful kind.
fication of RA 10156 on the ground that it is un- d. deference kind.
constitutional as it violates Section 13, Article II,
of the 1987 Constitution which states that "The 32. The "operative fact" doctrine of constitu-
state recognizes the vital role of the youth in na- tional law is applied when a law is declared:
 POLITICAL LAW AJ"\'D PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 136
134

a. operative. b. right to a balanced and healthful ecology.

b. factual. c. right to freedom of expression and of
assembly.
c. constitutional.
d. right to equal health.
d. unconstitutional.
36. In which of the following would there be
33. The totality of governmental power is no double jeopardy even if a subsequent case is
contained in three great powers: filed?
a. police power, power of sequestration, a. Pot is accused before the RTC of qualified
power of foreign policy. theft. After innumerable postponements against
b. power of imm:gration, municipal power, Pot's wishes, he moves for dismissal for denial of
legislative power. the right to a speedy trial. Prosecutor objected.
Dismissal granted.
c. executive power, legislative power,
judicial power. b. Pot is accused before the RTC of
qualified theft. After innumerable postpone-.
d. police power, :_::iower of eminent domain,
ments against Pot's wishes, the prosecutor
power of taxation.
moves for dismissal with the consent of Pot.
[Note: (d) can be considered also as an acceptable answer.I Granted.
c. Pot is accused before the RTC of qualified
34. The most essential, insistent and the least theft. After innumerable postponements -against
limitable of (government) powers, extending as it Pot's wishes, he moves for dismissal for denial of
does to all the great public needs, is: the right to a speedy trial Prosecutor posts no ob-
jection·s. Dismissal grant~d.
a. emergency povVer.
d'. Pot is accused before the RTC of qualified
b. police power.
theft. After innumerable postponements against
c. legislative pow3r. Pot's wishes, the prosecutor moves for dismissal
ov~r the objections of Pot. Granted.
d. power to declare martial law.
37. Under Article III, Section 2 of the Bill of
35. In the hierarchy of civil liberties, which
Rights, which provides for the exclusion of evi-
right occupies the highest preferred position:
dence that violates the right to privacy of com-
a. right to academic freedom. munication and correspondence, to come under
136 POL!TlCAL LAW AND PuBLIC INTERNATIONAL L",W BAH Q & A (2009-2019) 137

the exclusionary rule, the evidence must be ob- 40. The Gangnam Style's Witnesses (whose
tained by: tenets are derogatory to the Catholic Church),
applied for a permit to use the. public plaza and
a. private individuals acting on their own. kiosk to hold their religious meeting on the occa-
b. government agents. sion of their founding anniversary. Mayor Lebron
allowed them to use the northwestern part of the
c. private individuals acting on orders of su- plaza but not the kiosk (which is a few meters
periors. away from the Catholic church). Members of the
d. former high government officials. Gangnam Style Witnesses claim that the act of
Mayor Lebron is a violation of their freedom of
38. The complementing regime that best assembly and religion. Is this correct?
characterizes the guarantees of freedom of speech
and of the press are: a. No, because this is valid exercise of police
power.
a. prior punishment and moderate punish- b. Yes, because the plaza being of public use
ment. can be used by anybody regardless of religious be-
b. prior censorship and subsequent reme- lief.
dies. c. No, because historical experience shows
c. no prior restraint and subsequent pun- that peace and order may be disturbed whenever
ishment. two opposing religious groups or beliefs expound
their dogmas.
d. no prior restraint and no subsequent
punishment. d. Yes, because there is no clear and
present danger in holding a religious meeting
39. The free exercise and non-establishment by another religious group near ·a catholic
clauses pertain to which right under the Bill of church.
Rights:
41. Which one is NOT a recognized limitation
a. Liberty of movement. to the right to information· on matters of public
b. Liberty of abode. concern:

c. Religion. a. national security matters.

d. Life and liberty. b. trade secrets and banking transactions.
138 POLITICAL LAW AND Pt.iBLIC INTERNATIONAL LAW BARQ &A(2009-2O19) 139

c. criminal matters or classified law en- commission of an offense shall have the right to
forcement matters. be informed of his right to remain silent, etc. The
investigation referred to is called:
d. government research data used as a
basis for policy development. a. preliminary investigation.
42. Which one of the following circumstances b. summary investigation.
is NOT an element of taking under eminent do- c. criminal investigation.
main?
d. custodial investigation.
a. entering upon public property for a
momentary period. 45. All persons charged shall, before convic-
tion, be bailable by sufficient sureties, except
b. under color of legal authority. those charged with:
c. devoting it to public use.
a. offenses punishable by death when ev1-
d. as substantially to oust the owner of all dence of guilt is strong.
beneficial ownership.
b. offenses punishable by life impris-
43. Market value for purposes of determining onment when evidence of guilt is strong.
just compensation in eminent domain has been c. offenses punishable by death when evi-
described as the fair value of property: dence of guilt is weak.
a. between one who desires to purchase and d. offenses punishable by reclusion perpetua
one does not desire to sell. when evidence of guilt is strong.
b. between one who desires to purchase and [Note: (d) is offered as an acceptable answer. I
one who wants to delay selling.
46. Criminal trial may proceed, notwith-
c. between one who desires to purchase
standing the absence of the accused provided that
and one who desires to sell.
he has been duly notified, and his failure to ap-
d. between one who desires to ·purchase on pear is unjustifiable, after:
terms and one who desires to sell after a period of
time. a. preliminary investigation.

44. Under Article III, Section 12 of the Con- b. arraignment.

stitution, any person under investigation for the c. sentencing.
150 POLITICAL LAW A.i,'TI PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 151

b. Exterrertioriality. c. baseline.
c. Extradition. d. archipelagic line.
d. extraterritoriality. 80. It is a maritime zone adjacent to the ter-
ritorial seas where the coastal state may exercise
77. This doctrine considers the general or
certain protective jurisdiction:
customary norms of international law as a part of
municipal law and are to be enforced as such, a. baseline zone.
without regard as to whether they are enacted as
statutory or legislative rules or not. b. contiguous zone.
c. transit zone.
a. Accession.
d. appurtenant zone.
b. Incorporation.
C. Accretion. 81. Butchoy installed a jumper cable. He was
prosecuted under a Makati ordinance penalizing
d. Adoption. such act. He moved for its dismissal on the ground
that the jumper cable was within the territorial
78. Under the United Nations Conference of
jurisdiction of Mandaluyong and not Makati. The
the Law of the Sea (UNCLOS), the extent of the
case was dismissed. The City of Mandaluyong
contiguous zone is:
thereafter filed a case against him for theft under
a. 3 nautical miles from the lowest water the Revised Penal Code (RCP). Is there double
mark. jeopardy?

b. 12 miles from the outer limits. a. No. The first jeopardy was terminated
c. 12 miles from the lowest water mark. with his express consent,

d. 200 miles from the outer limits. b. Yes. This is double jeopardy of the second
kind - prosecution. for the same act under an ordi-
79. It is a line from which the breadth of the nance and a law.
territorial sea and other maritime zones is meas- c. Yes. He is prosecuted for the same offense
ured. which has already been dismissed by the City of
Makati.
a. contiguous line.
d. No. The second kind of double jeop-
b. economic line. ardy under Section 21, Article III only con-
 R1.H Q & A (2009-2019) -•)
1O<J
152 POLlTICAL LAW A.'-m PUBLIC INTER:-iATlO:KAL LAW

templates conviction or acquittal which could b. Fixes and describes the procedures in or
terminate a first jeopardy. practice requirements of, an agency.
c. Includes memoranda and statements con-
82. One of the cardinal primary due process cerning internal administration.
rights in administrative proceedings is that evi-
dence must be "substantial." "Substantial evi- d. An agency process for the formula-
dence" is: tion of a final order.

a. less than a mere scintilla. 85. Under the Administrative Code, "adjudi-
cation" means:
b. less than preponderant scintilla.
c. more than a glint of scintilla. a. whole or any part of any agency permit,
certificate, or other form _of permission, or regula-
d. more than a mere scintilla. tion of the exercise of a right or privilege.
83. A statutory prov1s10n requiring the b. an agency process for the formula-
President or an administrative agency to present tion of a final order.
the proposed implementing rules and regulations c. agency process for the formulation,
of a law to Congress which by itself or through a amendment, or repeal of a rule.
committee formed by it, retains a "right" or
"power" to approve or disapprove such regula- d. agency process involving tbe grant, re-
tions before they may take effect, ..is ..a: newal, denial, revocation or conditioning of a li-
cense.
a. legislative encroachment.
86. The requirement of the Administrative
b. legislative veto. Code on "public participation" is that, if not oth-
c. legislative oversight. erwise required by law, an agency shall:
d. legislative scrutiny. a. in all cases, publish or circulate notices of
proposed rules and afford interested parties the op-
84. Which one of the enumeration below does
portunity to submit their views prior to the adop-
not come under the Administrative Code defini- tion of any rule.
tion of a "rule"?
b. in all clear and proper cases, publish or
a. Agency statement of general applicability circulate notices of proposed rules and afford inter-
that implements or interprets a law. ested parties the opportunity to submit their views
prior to the adoption of any rule.
 .:.,J
i@

154 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 155
I:.~·
;ij
•~j
~ii!

I
c. as far as practicable, publish or circulate
notices of proposed rules and afford the party-list
b.
whole.
on the basis of the record taken as a
l
., ,~)
parties the opportunity to submit their views prior C. on the basis of the evidence taken as a
to the adoption of any rule. whole.
d. as far as practicable, publish or cir- d. on the basis of the memoranda taken as a f
:~i
culate notices of proposed rules and afford whole. -:1

interested parties the opportunity to submit

their views prior to the adoption of any rule. 89. In the judicial review of decisions of ad-
ministrative agencies, the Administrative Code
87. Under the Administrative Code, in the requires that, except when specifically provided
fixing of rates, no rules or final order shall be otherwise by law:
valid unless:
a. the findings of law of agency when sup-
a. the proposed rates shall have been sub- ported by substantial evidence, shall be final.
mitted to the U.P. Law Center for publication at
least two weeks before the first hearing thereon. b. . the findings of fact of the agency when
supported by preponderant evidence, shall be final.
b. the proposed rates shall have been pub-
lished in the Official Gazette at least two weeks be- c. the findings of fact of the agency
fore the final hearing thereon. when supported by substantial evidence,
shall be fin~l.
c. the proposed rates shall . have been
published in a newspaper of general circula- d. the findings of law of the agency when
tion at least two weeks before the first hear- supported by credible evidence, shall be final.
ing thereon.
90. The right of the accused to be informed is
d. the proposed rates shall have been pub- violated if:
lished in a newspaper of general circulation at least
two weeks before the final hearing thereon. a.. he was accused of killing his wife by
strangulation but it was proven that his wife :1
88. In the judicial review of decisions of ad-

!
died of poisoning.
ministrative agencies, the Administrative Code
requires that the review shall be made: b., it was proven that he killed somebody on
a date different from the one alleged in the infor- )j
--~·
a. on the basis of the pleadings taken as a mation.
whole.

.;J
156 POLITICAL LAW A.c"-lJ PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 157

c. he was charged with parricide but was b. celebrity.

convicted of murder, because it turned out that he c. public official.
and the victim were not married.
d. de facto public officer.
d. the accused was charged with commission
of acts oflasciviousness and was convicted of unjust 94. Which one of the following is not a proper
vexation. test in cases of challenges to governmental acts
that may violate protected speech?
91. A criminal statute that "fails to give a
person of ordinary intelligence fair notice that his a. Clear and present danger.
contemplated conduct is forbidden by statute" is: b. Balancing of interests.
a. void for fair notice. c. Reasonable relation.
b. void for arbitrariness. d. Dangerous tendency.
c. void for vagueness. 95. Commercial speech is entitled to:
d. void conclusively.
a. more protection compared to other consti-
92. "Chilling effect" is a concept used in the tutionally guaranteed expression.
area of constitutional litigation affecting: b. equal protection compared to other consti-
tutionally guaranteed expression.
a. protected speech.
c. lesser protection compared to other
b. protected executive privilege. constitutionally guaranteed expression.
c. protected legislative discretion. d.. none of the above.
d. protected judicial discretion.
96. No liability can attach to a false, defama-
93. In the law of libel and protected speech, a tory statement if it relates to official conduct,
person who, by his accomplishments, fame, or unless the public official concerned proves that
mode of living, or by adopting a profession or call- the statement was with knowledge that it was
ing which gives the public a legitimate interest in false or with reckless disregard of whether it was
his doings, his affairs, and his character, has be- false or not. This is known as what rule?
come a:
a. Libel malice rule.
a. public figure.
b. Actual malice rule.
158 POLITICAL LAW AND PUBLIC I:STERNATIONAL LAW BAR Q & A (2009-20191 159

c. Malice in fact rule. a. stop and search.

d. Legal malice rule. b. stop and frisk.

97. It is a form of entrapment. The method is c. stop and interrogate.

for an officer to pose as a buyer. He, however, nei- d. stop and detain.
ther instigates nor induces the accused to commit
a crime because in these cases, the "seller" has 99. Accused was charged with slight illegal
already decided to commit a crime. The offense detention. On the day set for the trial, the trial
happens right before the eyes of the officer. Un- court proceeded as follows:
der these circumstances:

a. there is a need for an administrative but "Court: to the Q: "Do you have an attorney or
not a judicial warrant for seizure of goods and ar- accused: are you going to plead guilty?"
rest of the offender.
A: "I have no lawyer and I will
b. there is need for a ,varrant for the seizure plead guilty."
of the goods and for the arrest of the offender.
c. there is no need for a warrant either
Accused was then arraigned, pleaded guilty,
for. the seizure of the goods or for the arrest was found guilty and sentenced.
of the offender.
On appeal, the. Supreme Court reversed. The
d. the offender can be arres1ed but there is a accused was deprived of his: .
need for a separate warrant for the seizure of the
goods. a. right to cross-examination.
98. Where a police officer observes unusual b. right to be presumed innocent.
conduct which leads him reasonably to conclude c. right to counsel.
in light of his experience that criminal activity
may be afoot and that the persons with whom he d. right to production of evidence.
is dealing may be armed and dangerous and he
identifies himself and makes reasonable inquiries, 100. The constitutional right of an accused
but nothing serves to dispel his reasonable fear "to meet the witnesses face to face" is primarily
for his own or other's safety, he is entitled to con- for the purpose of affording the accused an op-
duct a carefully limited search of the outer cloth- portunity to:
ing of such persons for weapons: Such search is a. identify the witness.
constitutionally permissible and is known as a:
160 POLITICAL LAW AND Pu!lLIC lNTER.l'IATIONAL LAW BAR Q & A (2009-2019) 161

b. cross-examine the witness. herent power to limit the movements of persons charged
with a crime, including leaving the country, to ensure
c. be informed of the witness.
that they can make themselves available at all times
d. be heard. whenever the Court requires their presence, (Silverio v.
Court of Appeals, G.R. No. 94284, April 8, 1991)
Set B It is submitted that the bail conditions imposed
upon Mr. Violet are rea.sonable and well within the
I. court's authority. (Manotoc v. Court of Appeals, G.R. No.
L-62100, May 30, 1986).
Mr. Violet was convicted by the RTC of
Estafa. On appeal, he filed with the Court of Ap- b. Are "liberty of abode" and "the right
peals a Motion to Fix Bail for Pr'ovisional Liberty to travel" absolute rights? Explain. What are
Pending Appeal. The Court of Appeals granted the the respective exception/s to each right if
motion and set a bail amount in the sum of Five any? (5%)
(5) Million Pesos, subject to the conditions that he
secure "a certification/guaranty from the Mayor The exercise of one's right to travel or the freedom
of the place of his residence that he is a resident to move from one place to another, as assured by the
of the area and that he will remain to be a resi- Constitution, is not absolute. (Mirasol v, Department of'
dent therein until final judgment is rendered or Public Works and Highways, G,R. No. 158793, June 8,
in case he transfers residence, it must be with 2006, 490 SCRA 318, 353)
prior notice to the court". Further, he was or- Under the provisions of Section 6 of Article III of
dered to surrender his passport to the Division the Constitution, the liberty of abode and of changing
Clerk of Court for safekeeping until the court or- the same may be subject to "limits prescribed by law"
ders its return. and may be impaired upon lawful order of the court.

a. Mr. Violet challenges the conditions Said provision likewise allows impairment of the
right to travel "in the interest of national security, pub-
imposed by the Court of Appeals as violative
lic safety, or public health, as may be provided by law."
of his liberty of abode and right to travel. De-
(Samahan ng mga Progresibong Kabataan (SPARK) v.
cide with reasons. (5%)
Quezon City, G.R. No. 225442, August 8, 2017; Genuino
The challenge must be rejected. v. de Lima, G.R. No. 197930; Arroyo v. ·de Lima; G.R.
No. 199034; Arroyo u. de Lima, G.R. No, 199046, April
The liberty of abode and right to travel are not ab- 17, 2018)
solute rights and may be reasonably impaired, among
others, by upon the exercise by trial courts of their in-
162 POLITICAL LAW Al'\TI Pl.:BLIC INTERNATIONAL LAW BARQ &A(2009-2019) 163

II. b. What is the purpose of Impeachment'?

Does conviction prevent further prosecution
A verified impeachment complaint was filed and punishment? Explain. (3%)
by two hundred (200) Members of the House of
Representatives against Madam Chief Justice Impeachment, acknowledged as a method of na-
Blue. The complaint was immediately transmitted tional inquest into the conduct of public men, is an ex-
to the Senate for trial. · traordinary means of removal exercised by the legisla-
ture over a selected number of officials, the purpose
a. Madam Chief Justice Blue challenges being to ensure· the highest care in their indictment and
such immediate transmittal to the Senate be- conviction and the imposition of special penalties in case
cause the verified complaint 1) was not in- of a finding of .guilt, taking into account the degree or
cluded in the order of business of the House, nature of the offense committed and the high status of
2) was not referred to the House Committee the wrongdoers. (Cruz and Cruz, Political Law, 2014
on Justice for hearing and consideration for Edition, pages 730-731) The convicted official may later
sufficiency in form and substance, and 3) was be prosecuted in an ordinary criminal action if the
not submitted to the House Plenary for con- ground for his convietion in the impeachment proceed-
sideration as enumerated in Paragraph (2), ings is also an indictable offense. (Ibid., pages 749-750;
Section 3, Article XI of the 1987 Constitution. Constitution, Article XI, Section 3[7]).
Decide with reasons. (5%)
c. Enumerate the grounds for im-
Her contentions are untenable. peachment. Is graft and corruption a ground
for impeachment? (2%)
Under Section 3 (4) of Article XI of the Constitu-
tion, "in case the verified complaint or resolution of im- Yes, graft and corruption are among the grounds
peachment is filed by at least one-third of all the Mem- for impeachment.
bers of the House, the same shall constitute the Articles
of Impeachment, and trial by the Senate shall forthwith The other grounds are culpable violation of the
proceed." Constitution, treason, bribery, other high crimes, and
betrayal of public trust. (Constitution, Article XI. Sec-
Considering that 200 Members of the House of tion 2)
Representatives, or more than one-third of entire mem-
bership, filed the complaint, there would be no need for III.
the inclusion of the matter in the order of business or
the referral of the same to the House Committee on Mr. Brown, a cigarette vendor, was invited by
Justice. POl White to a nearby police station. Upon arriv-
ing at the police station, Brown was asked to
stand side-by-side with five (5) other cigarette
164 POLITICAL LAW AND PUBJ..:C INTERNATIONAL LAW BAH Q & A (2009-2019) 165

vendors in a police line-up. POI White informed cause an eyewitness to the crime identified
them that they were looking for a certain ciga- him as the perpetrator? Explain. (3%)
rette vendor wlio snatched the purse of a passer-
by and the line-up was to allow the victim to point No, because, by reason of said invitation, it can no,\·
at the vendor who snatched her purse. No ques- be said that his custodial investigation has begun and,
tions were to be asked from the vendors. because he is already considered as a suspect, he should
now be entitled to counsel.
a. Brown, afraid of a "set up" against A custodial investigation begins when there is no
him, demanded that he be allowed to secure longer a general inquiry into an unsolved crime and the
his lawyer and for him to be present during investigation has started to focus on a particular person
the police line-up. Is Brown entitled to coun- as a suspect, i.e., when the police investigator starts
sel? Explain (5%) interrogating or exacting a confession from the suspect
in connection with an al1eged offense. (People u. Morial,
No, he is not. 415 Phil. 310, 329 (2001); see People v. Lara, G.R. No.
The right to counsel under Section 12 of Article III 199877, August 13, 2012)
of the Constitution is available only during a custodial It is significant that, under Section 2 of Republic
investigation. Act (RA) No. 7438, "custodial investigation" shall in-
It is not available during a police line-up as this is clude the practice of issuing an "invitation" to a person
not considered part of the custodial investigation. who is investigated in connection with an offense he is
(Gamboa v. Cruz, 162 SCRA 642 [1988]; People v. Lam- suspected to have committed, without prejudice to the
sing, 248 SCRA 471; People v. Saluat'ierra, 276 SCRA liability of the "inviting" officer for any violation of law.
55; De la Torre v. Court of Appeals, 294 SCRA 196; Peo-
ple v. Lara, G.R. No. 199877, August 13, 2012; People v. c. Briefly enumerate the so-called
Pepino, G.R. No. 174471, January 12, 2016) "Miranda Rights". (2%)
A police line-up is not pg,rt of the custodial investi-
The so-c~lled Miranda Rights are specified in Sec-
gation because during a police line-up, the process has
tion 12· (1) of Article III of the Constitution, which pro-
not yet shifted from the invEstigatory to the accusatory
vides that any person under investigation for the com-
and it is usually the witness or the complainant who is
mission of an offense shall have the right to be informed
interrogated and who gives &. statement in the course of
of.his right to remain silent and to have competent and
the line-up. (People v. Lara, G.R. No. 199877, August 13,
independent counsel preferably of his own choice. If the
2012, citing People v. Amestuzo, 413 Phil. 500 [2001];
person cannot afford the services of counsel, he must be
see People v. Pepino, G.R. No. 1744 71, January 12, 2016)
provided with one. These rights cannot be waived except
b. Would the answer in (a.) be the same in writing and in the presence of counsel.
if Brown was specifically invited by White be-
166 POLlTICAL LAW At';'D Pu:8LIC lNTER.1\/ATIONAL LAW BAR Q & A (2009-2019) 167

IV. b. Would the answer in (a.) be the same

if Yellow and Orange were contending for a
Mr. Yellow and Mr. Orange were the leading senatoria,l slot and it was the Senate Electoral
candidates in the vice-presidential elections. Af- Tribunal (SET) who issu_ed the challenged rul-
ter elections, Yellow emerged as the winner by a ing? (3%) • -
slim margin of 100,000 votes. Undaunted, Orange
filed a protest with the Presidential Electoral Tri- No, because the Supreme Court may exercise juris-
bunal (PET). After due consideration of the facts diction over and review the decisions of the SET ,vitJ1
and the issues, the PET ruled that Orange was the respect to contests relating to the election, returns, and
real winner of the elections and ordered his im- qualifications of Senators for purposes of determining
mediate proclamation. whether or not they were promulgated with gTave abuse
of discretion. (David v. Senate Electoral Tribunal, G.R.
a. Aggrieved, Yellow filed with the Su- No. 221538, September 20, 2016)
preme Court a Petition for Certiorari chal-
lenging the decision of the PET alleging grave c. What is the composition of the PET?
abuse of discretion. Does the Supreme Court (2%)
have jurisdiction? Explain. (3%)
The composition of the PET is the same as the
It is submitted that the Supreme Court does not composition of the Supreme Court, i.e., the Chief Justice
have jurisdiction over the decision of the PET, because, and fourteen Associate Justices of the Supreme Court,
when it acted as such, or as the PET, i~ a_ctually acted as sitting en bane. (Constitution, Article VIII, Section 4 lll,
the Supreme Court, although referred to in that capac- in relation to Article VII, Section 4)
ity as the PET. In other words, the PET and the Su-
preme Court, in the resolution of all contests relating to c. What is judicial power? Explain Briefly.
the election, returns, and qualifications of the President (2%)
or Vice-President, are necessarily one and the same
institution. (Macalintal v. Presidential Electoral Tribu- Under Section I of Article VIII of the Constitution,
nal, G.R. No. 191618, November 23, 2010 and June 7, judicial power includes the duty of the courts of justice
2011) to settle actual controversies involving rights which are
legally demandable arid enforceable, and to determine
Under Section 4 of Article VII of the Constitution, whether or not there has been a grave abuse of discre-
the Supreme Court, sitting en bane, shall be the sole tion amounting to lack or excess of jurisdiction on the
judge of all contests relating to the election, returns, part of any branch or instrumentality of the Govern-
and qualifications of the President or Vice-President, ment.
and may promulgate its rules for the purpose.
168 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 169

It further provides that judicial power shall be V.

vested in one Supreme Court and in such lower courts
as may be established by law. Judge Red is the Executive Judge of Green
It should be added that the Supreme Court likewise City. Red is known to have corrupt tendencies
exercises judicial power when, as earlier noted, it acts and has a reputation widely known among prac-
the sole judge of all contests relating to the election, ticing lawyers for accepting bribes. Ombudsman
returns, and qualifications of the President or Vice- Grey, wishing to "clean up" the government from
President (Constitution, Article VII, Section 4; Macalin- errant public officials, initiated an investigation
tal v. Presidential Electoral Tribunal, G.R. No. 191618, on the alleged irregularities in the performance of
November 23, 2010 and June 7, 2011); when it reviews, duties of Judge Red.
in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of a. Judge Red refused to recognize the
martial law or the suspension of the privilege of the writ authority of the Office of the Ombudsman
or the extension thereof (Constitution, Article VII, Sec- over him because according to him, any ad-
tion 18, 3rd paragraph; Lagman v. Medialdea, G.R. No. ministrative· action against him or any court
231658, July 4, 2017); when it reviews on certiorari de- official or employee falls under the exclusive
cisions, orders or rulings of any of the Constitutional jurisdiction of the Supreme Court. Decide
Commissions (Constitution, Article IX-A, Section 7; see with reasons. (5%)
Lagman u. Medialdea, G.R. No. 231658, July 4, 2017);
Judge Red is correct. Any administrative action
and whenever there are serious allegations that "a law
against him or any court official or employee falls under
has infringed the Constitution," in which case, "it be-
the exclusive jurisdiction of the Supreme Court, and
comes not only the right but the duty of the Court to
may not be taken cognizance of by the Ombudsman.
look into such allegations and, when warranted, uphold
(Constitution, Article VIII, Section 6; Orap u. Sandigcm-
the supremacy of the Constitution." (Petitioner Organi-
bayan, G.R. Nos. L-50508-11, October 11, 1985)
zations u. Executive Secretary, G.R. Nos. 147036-37,
April 10, 2012, 669 SCRA 49) Verily, this duty includes Administrative complaints against judges and their
the power to set aside acts of government, even if not appurtenant judicial staff are outside the Ombudsman's
tainted with grave abuse of discretion amounting to lack investigatory power. The reason for such exclusion is
or excess of jurisdiction. (See Atong Paglau.m, Inc. v. quite evident: under Section 6, Article 10 of the Consti-
Commission on Elections, G.R. No. 203766, April 2, tution, it is the Supreme Court that exercises adminis-
2013.) trative supervision over all courts and their personnel
and, therefore, is the proper forum to which administra-
tive complaints involving judges and the court's person-
nel should be lodged. (Judge Caoibes, Jr. u. Hon. Orn-
budsman, 413 Phil. 717 (2001 ); and Fuentes v. Offzce ol
170 POUTICAL LAW AI® PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 171

the Ombudsman-Mindanao, G.R. No. 124295, October Under Section 17 of Article XI of the Constitution,
23, 2001, 368 SCRA 36) a public officer or employee shall, upon assumption of
office and as often thereafter as may be required by law,
b. Does the Ombudsman have authority submit a declaration under oath of his assets, liabilities,
to conduct investigation over crimes or of- and net worth. In the case of the President, the Vice-
fenses committed by public officials that are President, the Members of the Cabinet, the Congress,
NOT in connection or related at all to the of- the Supreme Cour-t, the Constitutional Commissions
ficial's discharge of his duties and functions? and other constitutional offices, and officers of the
Explain. (3%) armed forces with general or flag rank, the declaration
shall _be disclosed to the public in the manner provided
Yes, the Ombudsman possesses such authority to by law.
conduct such investigations regarding crimes or offenses
committed by public officials that are not.in connection VI.
with or related at all to the official's discharge of his
duties and functions. President Black of the Republic of Pasensya
Section 13(1), Article XI of the 1987 Constitution (RP) had a telephone conversation with President
states that the Ombudsman can investigate on its own Blue of the People's Republic of Conquerors
or on complaint by any person any act or omission of (PRC). In that conversation, both leaders agreed
any public official or employee when such act or omis- that they will both pull-out all their vessels, civil-
sion appears to be illegal, unjust, or improper. Thus, ian or otherwise, sea crafts and other ships from
even if the complaint concerns an act-of -the public offi- the hotly disputed Kalmado Shoal area within
cial or employee which is not service-connected, the case eight (8) days in order to de-escalate the situation.
is within the jurisdiction of the Ombudsman. The law After eight days, all RP ships and vessels have left
does not require that the act or omission be related to or the area. However, several :i:n,ilitary and civilian
be connected with or arise from the performance of offi- ships carrying the PRC flag remained in the area
cial duty. (Delosa u. Domingo, G.R. No. 90591, Novem- and l;legan construction of a dock that could pro-
ber 21, 1990; See Santos u. Rasalan, G.R. No. 155749, vide fuel and other supplies to vessels passing by.
February 8, 2007, citing Vasquez u. Hobilla-Alinio, G.R.
Nos. 118813-14, April 8, 1997, 271 SCRA 67, 74) a. Assuming that President Black and
President Blue both had full capacity to rep-
c. Who are required by the Constitution Pesent their states and negotiate with each
to submit a declaration under oath of his as- other under their respective systems of gov-
sets, liabilities, and net worth? (2%) ernment, and further assuming that both
leaders acknowledge the existence of the
conversation, is the verbal agreement via
172 POLITICAL LAW AND PlJBL!C INTERNATIONAL LAW BAR Q & A (2009-2019) 173

telephone binding under international law? various nations, as subsidiary means for the determina-
Explain. (5%) tion of the rules of law. (Statute of the International
Court of Justice, Article 38)
Yes, said verbal agreement via telephone can be
considered as binding so long as both Presidents had d. What is opinio juris in International
full powers with respect to the same, and absent any Law? (1%)
showing that their consent to said agreement was at-
tended with any vice of consent. Opinio Juris is among the two elements of custom-
ary international law or international custom which, as
This n1ode or method of agreem~mt can be justified
a source of international law, is defined as the general
on the basis of customary international law.
and consistent practice of states recognized and followed
Official acts of heads of states, such as the recogni- by them from a sense of legal obligation.
tion of states, done through customary methods, such as
In order to establish the customary status of a par-
through letters or telegrams or during official calls or
ticular norm, two elements must concur: State practice,
conferences, have invariably been acknowledged as
the objective element; and opinio juris siue necessitates,
binding. (Cruz and Cruz, International Law, 2020 Edi-
the subjective element.
tion, page 124)
State practice refers to the continuous repetition of
b. Assuming the answer to (a.) is in af- the same or similar kind of acts or norms by States. It is
firmative, . does that agreement constitute a demonstrated upon the existence of the following ele-
Treaty under the 1969 Vienna Convention on m,ents: (1) generality; (2) uniformity and consistency;
the Law on Treaties? (2%) and (3) duration. While, opinio juris, the psychological
element, requires that the state practice or norm "be
No, because under Article 2 (1) (a) of said Conven- carried out in such a way, as to be evidence of a belief
tion, treaties need to be in writing. that this practice is rendered obligatory by the existence
of a rule of law requiring it." (Bayan Muna u. Ronwlo,
c. What are the sources of International G.R. No. 159618, February 1, 2011)
Law? (2%)
VII.
The sources of International Law are international
conventions, whether general or particular, establishing Mayor Pink is eyeing re-election in the next
rules expressly recognized by the contesting state; in- mayoralty race. It was common knowledge in the
ternational custom, as evidence of a general practice town that Mayor Pink will run for re-election in
accepted by law; the general principles of law recognized the coming elections. The deadline for filing of
by civilized nations; and judicial decisions and the Certificate of Candidacy (CoC) is on March 23 and
teachings of the most highly qualified publicists of the
the campaign period comme:q.ces the following
176 POLfTICAL LAW Al\1J P!.JBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 177

franchise, or a public officer who does or suffers an act includes religious freedom, freedom of the press, and the
which, by the provision of law, constitutes a ground for right of the people to peaceably assemble, and to peti-
the forfeiture of his office. (Section 1) The Solicitor Gen- tion the Government for a redress of grievances. After
eral or a public prosecutor, when directed by the Presi- all, the fundamental right to religious freedom, freedom
dent of the Philippines, or when upon complaint or oth- of the press and peaceful assembly are but component
erwise he has good reason to believe that any case speci- rights of the right to one's freedom of expression, as they
fied in the preceding sectio:i can be established by proof, are modes which one's thoughts are externalized. (Disi-
must commence such action. (Section 2) ni u. Secretary of Justice, G.R. No. 203335, February 18,
2014; Imbong u. Ochoa, G.R. No. 204819, April 8, 2014,
VIII. 721 SCRA 146)
It has been pronounced though that this doctrine
a. What is the doctrine of "overbreath"? In may not be invoked in facial challenges against the con-
what context can it be correctly applied? Not cor- stitutionality of penal statutes, unless they involve free-
rectly applied? Explain (5%) dom of expression: (Disini u. Secretary of Justice, G.R.
No. 203335, February 18, 2014; Imbong u. Ochoa, G.R.
Under the overbreadth doctrine, a proper govern- No. 204819, April 8, 2014, 721 SCRA 146)
mental purpose, constitutionally subject to state regula-
tion, may not be achieved by means that unnecessarily b. What is the doctrine of "void for
sweep its subject broadly, thereby invading the area of vagueness"? In what context can it be cor-
protected freedoms. (Disint v. Secretary of Justice, G.R. rectly applied? Not correctly applied? Explain
No. 203335, February 18, 2014) (5%)
The so-called ouerbreadth doctrine has likewise
been applied when a statute needlessly restrains even Under this doctrine, a statute or act suffers from
constitutionally guaranteed rights. (White Light Corpo- the defect of vagueness when it lacks comprehensible
ration u. City of Manila, G.R. No. 122846, January 20, standards that men of common intelligence must neces-
2009, 576 SCRA 416) sarily guess at its meaning and differ as to its applica-
tion. It is repugnant to the Constitution in two (2) res-
This doctrine can be properly invoked in "as ap- pects: (1) it violates due process for failure to accord
plied" challenges, where the petitioner can contest the persons, especially the parties targeted by it, fair notice
constitutionality of a statute only if he asserts a viola- of the conduct to avoid; and (2) it leaves law enforcers
tion of his own rights. unbridled discretion in carrying out its provisions and
It can be applied as well in "facial" challenges becomes an arbitrary flexing of the Government muscle.
against the constitutionality of a statute even if the (Samahan ng mga Progresibong Kabataan (SPARK) L'.
petitioner claims no violation of his own rights under Quezon City, G.R. No. 225442, August 8, 2017)
the assailed statute where it involves free speech, which
178 POLITICAL LAW Al'ID PlIBLIC INTERNATIONAL LAW BARQ &A(2009-2019) 179

Like the overbreadth doctrine, this doctrine can be It is submitted that Pedrong Pulo should be acquit-
properly invoked in "as applied" challenges and in "fa- ted.
cial" challenges against the constitutionality of a statute
His speech and his act of pretending to hurl a rock
even if the petitioner claims no violation of his own
toward the flagpole of a government building presented
rights under the assailed statute where it involves, as
no clear and present danger which could justify or war-
earlier discussed, free speech, (Disini v. Secretary of
rant his conviction. (Primicias u. Fugoso, G.R. No. L-
Justice, G.R. No. 203335, February 18, 2014; Imbong v.
1800, January 27, 1948, 80 Phil. 71, citing Whitney u.
Ochoa, G.R. No. 204819, April 8, 2014, 721 SCRA 146) California, 274 U.S. 357)
but not in facial challenges against the constitutionality
of penal statutes, unless they involve freedom of expres- b. What is "commercial speech"? Is it
sion. (Disini v. Secretary of Justice, G.R. No. 203335, entitled to constitutional protection? What
February 18, 2014; Imbong v. Ochoa, G.R. No. 204819, must be shown in order for government to
April 8, 2014, 721 SCRA 146) curtail "commercial speech"? Explain. (3%)

IX. Commercial speech is a form of free expression

which "does no more than propose a commercial trans-
In a protest rally' along Padre Faura Street, action" and also comes under the coverage or protection
Manila, Pedrong Pula took up the stage and be- of Section 4 of Article III, which provides that "No law
gan shouting "kayong mga kurakot kayo! Magsi- shall be passed abridging the freedom of speech, of ex-
resign na kayo! Kung hindi, manggugulo kami pression, or of the press, or the right of the people
dito!" ("you corrupt officials, yo.u. better resign peaceably to assemble and petition the government for
now, or else we will cause trouble here!") simulta- redress of grievances." (Diocese of Bacolod v. Commis-
neously, he brought out a rock the size of a fist sion on Elections, G.R. No. 205728, January 21, 2015)
and pretended to hurl it at the flagpole area of a
Commercial speech is a separate category of speech
government building. He did not actually throw
which is not accorded the same level of protection as
the rock.
that given to other constitutionally guaranteed forms of
a. Police officers who were monitoring expression but is nonetheless entitled to protection.
(Disini v. Executive Secretary, G.R. No. 203335, Febru-
the situation immediately approached Ped-
ary 18, 2014)
rong Pula and arrested him. He was prose-
cuted for seditious speech and was convicted. It may be curtailed, or subject to review and pun-
On appeal, Pedrong Pula argued he was ishment, only for purposes of promoting and protecting
merely exercising his freedom of speech and the interests of the public in g·eneral against false and
freedom of expression guaranteed by the Bill deceptive claims. (Pharmaceutical Health and Care
of Rights. Decide with reasons. (5%)
180 POLITICAL LAW AND PCBLIC INTERNATIONAL LAW BAR Q & A (2009-2019 l 181

Association of the Philippines u. Duque, G.R. No. beliefs and practice. Under this part ofreligious freedom
173034, October 9, 2007) guarantee, the State is prohibited from unduly interfer-
ing with the outside manifestations of one's belief and
c. What are the two (2) basic prohibi- faith. (Imbong v. Ochoa, G.R. No. 204819, April 8, 2014,
tions of the freedom of speech and of the 721 SCRA 146, citing Estrada u. Escritor, A.M. No. P-
press clause? Explain. (2%) 02-1651, June 22, 2006, 492 SCRA 1; see also AM. No.
P-02-1651, August 4, 2003, 455 Phil. 411)
The two basic prohibitions pertinent to freedom of
speech and of the press, which are otherwise known as The non-establishment clause reinforces the wall of
the elements of freedom of expression, are freedom from separation between Church and State. It simply means
prior restraint and from scbsequent punishment. (Cruz that the State cannot set up a Church; nor pass laws
and Cruz, Constitutional Law, 2015 Edition, page 482) which aid. one religion, aid all religion, or prefer one
religion over another nor force nor influence a person to
X. go to or remain away from church against his will or
force him to profess a belief or disbelief in any religion;
a. What do you understand by the term that the state cannot punish a person for entertaining
"hierarchy of civil liberties"? Explain. (5%) or professing religious beliefs or disbeliefs, for church
attendance or nonattendance; that no tax in any
In the hierarchy of ci'vil liberties, the rights of free amount, large or small, can be levied to support any
expression and of assembly occupy a preferred position religious activity or institution whatever they may be
as against property rights as they are essential to the called or whatever form they may adopt or teach or
preservation and vitality of our civif and political insti- practice religion; that the state cannot openly or secretly
tutions; and such priority "gives these liberties the sanc- participate in the affairs of any religious organization or
tity and the sanction not permitting dubious intru- group and vice versa. Its minimal sense is that the state
sions." (Terminiello vs. Chicago, 337 U.S. 1 and Thomas cannot establish or sponsor an official religion. (Re: Let-
us. Collins (1945), 323 U.S., 516, 530, cited in Philippine ter of Tony Q. Valenciana, A.M. No. 10-4-19-SC, March
7, 2017) .
Blooming Mills Employees Organization, v. Philippine
Blooming Mills Co., Inc., G.R. No. L-31195 Jun.e 5,
1973) c. When can evidence "in plain view" be
seized without need of a search warrant? Explain.
b. Distinguish fully between the "free exer- (2%)
cise of religion clause" and the "non-establish-
ment of religion clause". (3%) The "plain view" doctrine applies when the follow-
ing requisites concur: (a) the law enforcement officer in
The free exercise clame prohibits government from search of the evidence has a prior justification for an
inhibiting religious beliefE with penalties for religious intrusion or is in a position from which he can view a
 BAR Q & A (2009-2019) 183
182 POLITICAL LAW A.ND PlJBLIC INTERNATIONAL LAW

particular area; (b) the discovery of the evidence in plain 2013

view is inadvertent; (c) it is immediately apparent to the
officer that the item he observes may be evidence of a ESSAY QUESTIONS
crime, contraband or otherwise subject to seizure. The
law enforcement officer must lawfully make an initial I
intrusion or properly be in a position from which he can
particularly view the area. In the course of such lawful In the last quarter of 2012, about 5,000 con-
intrusion, he came inadvertently across a piece of evi- tainer vans of imported goods intended for the
dence incriminating the accused. The object must be Christmas Season were seized by agents of the
open to eye and hand and its discovery inadvertent. Bureau of Customs. The imported goods were re-
(Revaldo v. People, G.R. No. 170589, April 16, 2009, 585 leased only on January 10, 2013. A group of im-
SCRA 341; see also Harris v. US, 390 US 234; People v. porters got together and filed an action for dam-
Chi Chan Liu, G.R. No. 189272, January 21, 2015) ages before the Regional Trial Court of Manila
against the Department of Finance and the Bu-
reau of Customs.
The Bureau of Customs raised the defense of
immunity from suit and, alternatively, that liabil-
ity should lie with XYZ Corp., which the Bureau
had contracted for the lease of ten (10) high pow-
ered van cranes but delivered only five (5) of
these cranes, thus causing the delay in its cargo-
handling operations. It appears that the Bureau,
despite demand, did not pay XYZ Corp. the Phpl.0
Million deposit and advance rental required un-
der their contract.

(A) Will the action by the group of im-

porters prosper? (5%)

No, the action will not prosper. The Bureau of Cus-

toms is part of the Department of Finance with no per-
sonality of its own apart from that of the national gov-
ernment. Its primary function is governmental, i.e., that
of assessing and collecting lawful revenues from im-
184 POLITICAL LAW AND PlTBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 185

ported articles and all other tariff and customs duties, confirmation by the Commission on Appoint-
fees, charges and penalties. (Mobil Philippine Explora- ments, can be made without the latter's consent,
tion, Inc. v. Customs Arrastre Service, 18 SCRA 1120; and that an undersecretary should instead be des-
Farolan v. Court of Tax Appeals, 217 SCRA 298) ignated as Acting Secretary.
Accordingly, it may no: be sued without its consent, Should the petition be granted? (5%)
particularly when it performs governmental functions,
as in this case, when its agents seized what they appar- No, the petition should not be granted.
ently believed were smuggled goods.
The power to appoint is essentially executive in na-
(B) Can XYZ Corp. sue the Bureau of ture, and the legislature may not interfere witb the
Customs to collect rentals for the delivered exercise of this executive power except in those ins-
cranes? (5%) tances when_the Constitution expressly allows it to in-
terfere. (Pimentel v. Ermita, G.R. No. 164978, October
No, XYZ Corporation may not sue the Bureau of 13, 2005, 472 SCRA 587)
Customs for uncollected rentals for the delivered cranes,
without its prior consent. Its contract with the Bureau III
of Customs clearly has a governmental purpose, i.e., to
enable the latter to perforrr_ its function of assessing and A robbery with homicide had taken place and
collecting lawful revenues from· imported articles and all Lito, Badong and Rolliewere invited for question-
other tariff and customs duties, fees, charges and penal- ing based on the information furnished by a
ties, which includes, the seizure of apparently smuggled neighbor that he saw them come out of the vic-
goods. (USA v. Ruiz, 136 SCRA 487) tim's house at about the time of the robbery/
killing. The police confronted the three with this
[Note: Acceptable Answer: Yes, XYZ Corporation may sue the and other information they had gathered, and
Bureau of Customs because the latter had waived its immunity from
suit when it executed the subjec-; contract, which can be considered
pointedly accused them of committing the crime.
as proprietary in character.] Lito initially resisted, but eventually broke
down and admitted his participation in the crime.
II Elated by this break and desirous of securing a
written confession soonest, the police called City
While Congress was in session, the President Attorney Juan Buan to serve as the trio's counsel
appointed eight acting Secretaries. A group of and to advise them about their rights during the
Senators from the minority bloc questioned the investigation.
validity of the appointments in a petition before
the Supreme Court on the ground that while Con- Badong and Rollie, weakened in spirit by
gress is in session, no appointment that requires Lito's early admission, likewise admitted their
186 POLITICAL LAW A.c'<"D PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 187

participation. The trio thus signed a joint extra- Is the law constitutional? (6%)
judicial confession which served as the main evi-
dence against them at their trial. They were con- No, the I.aw is not constitutional, as it contravenes
victed based on their confession. the rule-making authority of the Supreme Court, which,
under the Constitution, possesses the sole power to pres-
Should the judgment of conviction be af-
cribe rules pertinent to pleadings, practice and proce-
firmed or reversed on appeal? (5%) dure in all courts. (Constitution, Article VIII, Section 5
[5])
The judgment of conviction should be reversed for
the following reasons -
V
1. Lita's admission, which eventually served as
basis for Badong's and Rollie's confessions, was given As a leading member of the Lapiang Mandi-
without his first having been informed of his rights to rigma in the House of Representatives, you were
remain silent and to have competent and independent tasked by the party to initiate the moves to im-
counsel, preferably of his own choice. He clearly con- peach the President becau~e he entered into an
fessed without the presence or assistance of counsel. executive agreement with the US Ambassador for
(People v. Lucero, G.R. No. 188705, March 2, 2011) the use of the former Subic Na val Base by the US
2. It does not appear that Lito, Badong and Rollie Navy, for free, i.e., without need to pay rent nor
were given a real opportunity to retain the services of any kind of fees as a show of goodwill to the U.S.
their own independent and competent counsel, as pro- because of the continuing harmonious RP-US re-
vided for or required under Section -12-( 1) of Article III lations.
of the Constitution. (People v. Lucero, G.R. No. 188705, Cite at least two (2) grounds for impeachment
March 2, 2011; People v. Cachuela, G.R. No. 191752, and explain why you chose them. (6%)
June 10, 2013)
My impeachment complaint would be based on the
IV following grounds ,...

Congress enacted a law providing for trial by 1. Betrayal of Public Trust, which has been de-
jury for those charged with crimes or offenses fined as "gross faithlessness against public trust, tyran-
nical abuse of power, inexcusable negligence of duty,
punishable by reclusion perpetua or life impris-
favoritism and gross exercise of discretionary powers."
onment. The law provides for the qualifications of
(Gonzales v. Office of the President, 679 SCRA 614)
members of the jury, the guidelines for the bar
and bench for their selection, the manner a trial The President's granting of the subject territory for
by jury shall operate, and the procedures to be free in favor of the United States of America can clearly
followed. be considered as a betrayal of the public trust.
188 POLITICAL LAW !\l'\/D Pul3LIC INTERNATIONAL LAW BAR Q & A (2009-2019) 189

2. Culpable violation of' the Constitution, which is ough Shoals from the Philippine Archipelagic
generally understood as the "wrongful, intentional or baselines; and converted internal waters into ar-
willful disregard or flouting of the fundamental law." chipelagic waters.
The President's Executive Agreement entitles the
United States to use the former Subic Naval Base for Is the petition meritorious? (6%)
free amounts to a surrender of a portion of our territory,
as defined in Article I, Section of the Constitution. No, the petition is not meritorious for the following
reasons -
Acceptable Answer: Graf't and Corruption, which is a ground
based on the provisions of the Anti-Graft and Corrupt Practices Act,
1. The United Nations Convention on the Law of
which was ir_ force at the time of the adoption of the Constitution, the Sea (UNCLOS) has nothing to do with the acquisi-
Section 3 (e) of which punishes "causing any undue injury to any tion, enlargement or, as the petitioner claims, any dimi-
party, including the Government, or giving any private party any nution of territory but merely provides for the regula-
unwarranted benefits, advantage or preference in the discharge of tions of sea-use rights or enacting statutes to comply
his official administrative or judicial· functions through manifest
partiality, evident bad faith or gyoss inexcusable negligence. This
with the treaty's terms to delimit maritime zones and
provision shall apply to officers and employees of offices or govern- continental shelves. ·
ment corporations charged with the grant of licenses or permits or
other concessions." · 2. The Kalayaan Islands and the Scarborough
Shoal have been constituted under the law as 'Regime[s]
The President's gyanting of the s~bject territory for free in fa- of Islands' under the Republic of the Philippines consis-
vor of the United States of America would clearly cause injury to the
Government, and provide said country with "unwarranted benefits, tent with Article 121 of UNCLOS. They are therefore
advantage or preference" through "manifest partiality." The USA is subject to the continuing authority of the Philippines.
not the only country with whom the Philippine-s enjoys "continuing
harmonious relations."] 3. Whether referred to as Philippine internal wa-
ters under Article I of the Constitution or as archi-
VI pelagic waters under UNCLOS III (Article 49 [1]), the
Philippines exercises sovereignty over the body of water
Congress passed Republic Act No. 7711 to lying landward of the baselines, including the air space
comply with the United Nations Convention on over it and the submarine areas underneath. (UNCLOS
the Law of the Sea. III, Article 49) (Magallona u. Ermita, G.R. No. 187167,
August 16, 2011, 655 SCRA 476)
In a petition filed with the Supreme Court,
Anak Ti Ilocos, an association of Ilocano profes- (Note: The United Nations Convention on the Law of the SPns
sionals, argued that Republic Act No. 7711 dis- and its ancillary baselines laws pl,1y no role in the ncqui,:ition.
enlargement or, as the petitioner.claims, any diminution of terriLui-,1
carded the definition of the Philippine territory but merely provides for the regulations of sea-use rights or enacting-
under the Treaty of Paris and in related treaties; statutes to comply with the treaty's terms to delimit maritime zones
excluded the Kalayaan Islands and the Scarbor- and continental shelves. Territorial claims to l,1ncl features are out-
190 POLl'l'ICAL LAW AND PlJBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 191

side UNCLOS III, and are instead governed by the rules on general handed a match box by someone standing near
international law. the doorway. Arnold unthinkingly opened the
Had Congress enclosed in the subject law the Kalayaan Islands matchbox to light his cigarette and as he did so, a
and the Scarborough Shoal as part of the Philippine archipelago, sprinkle of dried leaves fell out, which the guard
adverse legal effects would have ensued, i.e., the Philippines would
have committed a breach of two provisions of UNCLOS III. First, noticed. The guard immediately frisked Arnold,
Article 47 (3) of UNCLOS III requires .that '[t]he drawing of such grabbed the matchbox, and sniffed its contents.
baselines shall not depart to any appreciable extent from the general After confirming that the matchbox contained
configuration of the archipelago.' Second, Article 47 (2) of UNCLOS marijuana, he immediately arrested Arnold and
III requires that 'the length of the baselines shall not exceed 100
nautical miles,' save for three per cent (3%) of the total number of
called in the police.
baselines which can reach up to 125 nautical miles. Although the At the police station, the guard narrated to
Philippines has consistently claimed sovereignty over the KIG and
the Scarborough Shoal for several decades, these outlying areas are the police that he personally caught Arnold in
located at an appreciable distance from the nearest shoreline of the possession of dried marijuana leaves. Arnold did
Philippine archipelago, such that any straight baseline loped around not contest the guard's statement; he steadfastly
them from the nearest basepoint will inevitably depart to an appre- remained silent and refused to give any written
ciable extent from the general configuration of the archipelago.
statement. Later in court, the guard testified and
Hence, far from surrendering the Philippines' claim over the narrated the statements lie gave the police over
KIG and the Scarborough Shoal, Congress' decision to classi(y the
KIG and the Scarborough Shoal as 'Regime[s] of Islands' under the Arnold's counsel's objections. While Arnold pre-
Republic of the Philippines consistent with Article 121 of UNCLOS sented his own witnesses to prove that his posses-
III manifests the Philippine State's responsible observance of its sion and apprehension had been set-up, he him-
pacta sunt servanda obligation under UNCLOS III. Under Article self did not testify.
121 of UNCLOS III, any "naturally formed area- of land, surrounded
by water, which is above water at high tide, such as portions of the The court convicted Arnold, relying largely
KIG, qualifies under the category of 'regime of islands,' whose is- on his admission of the charge by silence at the
lands generate their own applicable maritime zones."
police investigation and during trial.
Whether referred to as Philippine internal waters under Article
I of the Constitution or as archipelagic waters under UNCLOS III From the constitutional law perspective, was
(Article 49 [1]), the Philippines exercises sovereignty over the body of the court correct in its ruling? (6%)
water lying landward of the baselines, including the air space over it
and the submarine areas underneath. (UNCLOS III, Article 49) No, the court was incorrect in its ruling.
(Magallona v. Ermita, G. R. No. 187167, August 16, 2011, 655 SCRA
476)] An accused's right to be presumed innocent until
the contrary fa proved (Constitution, Article III, Section
VII 14 (2)) entitles him to remain silent, or not to testify in
his own behalf. It is the responsibility of the prosecution
As he was entering a bar, Arnold - who was to establish the defendant's guilt beyond reasonable
holding an unlit cigarette in his right hand - was doubt; otherwise, he is entitled to acquittal. Conviction
192 POL:TICAL LAW A.c'\TJ) PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019} 19;3

will depend not on the weakness of his own defense but to every propos1t1on of proof requisite to constitute the offonse.
(People v. Santos, G.R. No, 175593, October 17, 2007)]
on the strength of the prosecution. (Cruz and Cruz,
Constitutiom.1 Law, 2015 Edition, pages 700-702; see
People u. Malilay, G.R. No. L-27938. April 22, 1975; 63 VIII
SCRA 420; People u. Angus, G.R. No. 178778, August 3,
2010) Bobby, an incoming third year college stu-
dent, was denied admission by his university, a
It is su'::Jmitted that the prosecution's evidence in premiere educational institution in Manila, after
this case car_not be considered as adequate to establish, he failed in three (3) major subjects in his sopho-
with moral certainty, Arnold's guilt, especially in light more year. The denial of admission was based on
of the fact that he was able to present witnesses ·in his the university's rules and admission policies.
behalf to prove that his possession and apprehension
had merely been "set-up." Accordingly, his constitu- Unable to cope with the depression that his
tional presu~nption of innocence entitles him to an ac- non-admission triggered, Bobby committed sui-
quittal, notwithstanding his silence during the investi- cide. His family sued the school for damages, cit-
gation and triaL ing the school's grossly unreasonable ru]es that
resulted in the denial of admission. They argued
[Acceptable Answer: Yes, the court correctly convicted Arnold. that these rules violated Bobby's human rights
It is esta8lished that, "although no inference of guilt may be and the priority consideration that the Constitu-
drawn ag~inst an accused for his failure to make a statement of any tion gives to the education of the youth.
sort," (People v. Arciaga, 99 SCRA 1) "after the prosecution has
adduced evidence, the constitutional presumption of innocence must You are counsel for the university. Explain
yield to what has been so amply and persuasively demonstrated," your arguments in· support of the university's
(Joseph v, Vill.-.1luz, 89 SCRA, 665; People v, Sarmiento, 94 SCRA case. (6%)
944)
Moreover, while an accused has a right to be silent, he runs the As counsel for the University, I would invoke the
risk of an inference of guilt from the non-production of evidence in provisions of the Constitution on academic freedom
his behal:. !People v, Solis, 128 SCRA 217) As there is no showing
that the prosecution's evidence against Arnold was inadequate, it is (Constitution, Article XIV, Section 5 [2J), which states
submitted that the same can serve as valid basis for his conviction, that academic freedom shall be enjoyed in all institu-
notwithstanding his presentation of his own witnesses to prove that tions of higher learning, and which necessarily entitles
his possession and apprehension had merely been "set-up." them to prescribe fair, reasonable and equitable admis-
It must be noted that "once the presumption of innocence is sion and academic requirements, (Ibid,, Section 5 [4])
overcome, the defense bears the burden of evidence to show reason-
able doubt as :o the guilt of the accused_ Reasonable doubt is that The concept of academic freedom "encompasses the
doubt engendered by an investigation of the whole proof and an freedom to determine for itself on academic grounds:
inability after such investigation to let the mind rest each upon the who may teach, what may be taught, how it shall be
certainty of gu:lt, Absolute certainty of guilt is not demanded by the taught, and who may be admitted to study." (Camacho
law to convict a criminal charge, but moral certainty is required as
 POLITICAL LAW AND P1.JBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 195
194

us. Corresis, G.R. No. 103142, November 8, 1993, 227 Conrad did not go home that night and was
SCRA 591-596) never seen again. The following week and after a
week-long search, Vannie feared the worst be-
"It therefore invariably vests in schools the right to
maintain a policy of non-readmission to students who cause of Col. Sangre's reputation. She thus re-
fail to meet their reasonable academic standards. A ported Conrad's disappearance to the police.
school has no obligation to see every student to gradua- When nothing concrete resulted from the police
tion no matter what the ci:!'cumstances." (Capitol Medi- investigation, Vannie - at the advice of counsel -
cal Center vs. Court of'Appeals, G.R. No. 82499, October flled a petition for a writ of amparo to compel
13, 1989) Col. Sangre ·and the Sagittarius Security Office to
produce Conrad and to hold them liable and re-
sponsible for Conrad's disappe~rance.
IX
(A) Did Vannie's counsel give the correct
Conrad is widely known in the neighborhood
legal advice? (6%)
as a drug addict. He is also suspected of being a
member of the notorious "Akyat-Condo Gang" No, Vannie's counsel did not give the correct legal
that has previously broken into and looted con- advice.
dominium units in the area.
Although a writ of amparo may lie against a pri-
Retired Army Colonel Sangre - who is known vate individual or entity (A.M. No. 07-9-12-SC, Section
as an anti-terrorism fighter who disdained human 1), government involvement in any enforced disappear-
and constitutional rights and ha§.b_!;len nicknamed ance remains an indispensable element.
"terror of Mindanao" - is now the Head of Secu-
rity of Capricorn Land Corporation, the owner In other words, the disappearance subject of the
and developer of Sagittarius Estates where a se- amparo proceedings must be attended by some govern-
ries of robberies has recently taken place. mental involvement.
On March 1, 201-'3, Conrad informed his It would appear that only private security guards
mother, Vannie, that uniformed security guards working for Sagittarius Estates, a private entity, were
had invited him for a talk in their office but he involved in Conrad's disappearance. It is clear that they
refused to come. Later that day, however, Conrad did not work for the government and no proof whatso-
appeared to have relented; he was seen walking ever had been presented that would link or connect
into the security office flanked by two security them to some covert police, military or governmental
guards. Nobody saw him leave the office .after- operation. There is no shovving that the government was
wards. involved in any manner in the disappearance of Conrad.
(Navia u. Pardico, G.R. No. 184467, June 19, 2012)
196 POLITICAL LAW AND PuBLIC INTERNATION.A.L LAW BAR Q & A (2009-2019) 197

(B) If the petition would prosper, can 15, 2011) Such identification of the responsible and ac-
Col. Sangre be held liable and/or responsible countable superiors may well be a preliminary determi-
for Conrad's disappearance? (6%) nation of criminal liability which, of course, is still sub-
ject to further investigation by the appropriate govern-
On the assumption that the petition would prosper, ment agency. (Boac u. Cadapan, G.R. No. 184461, May
Colonel Sangre can be held responsible, not necessarily 31,2011) .
liable, for Conrad's disappearance.
Moreoever, the Supreme Court has held that supe-
It has been ruled that amparo proceedings may be rior officers, such as the President, as Commander-in-
instituted for purposes of determining the responsibility Chief, and, in the context of this case, Colonel Sangre,
of parties in an enforced disappearance. (Burgos v. Pre- can be held responsible or accountable for extraj udicial
sident Gloria Macapagal-Arroyo, G.R. No. 183712, July killings and enforced disappearances in the context of'
5, 2011) amparo proceedings on the basis of the doctrine of com-
There can be no determination of administrative, mand responsibility, the requisites of which arc "a. the
civil or criminal liability in amparo proceedings, and existence of a superior-subordinate relationship between
courts can only go as far as ascertaining responsibility the accused as superior and the perpetrator of the crime
or accountability for the enforced disappearance or ex- a,s his subordinate; b. the superior knew or had reason
trajudicial killing. (Razon u. Tagitis, G.R. No. 182498, 3 to know that the crime was about to be or had been
December 2009, 606 SCRA 598, cited in Rodriguez v. committed; and c. the· superior failed to take the neces-
Macapagal-Arroyo, G.R. No. 191805, November 15, 2011) sary and reasonable measures to prevent the criminal
acts or punish the perpetrators thereof." (Rodriguez L'.
The Rule on the Writ of Ampare explicitly states Macapagal-Arroyo, G.R. No. 191805, November 15, 2011
that the violation of or threat to the right to life, liberty see also bi the Matter of the Petition for·the Writ of Am-
and security may be caused by either an act or an omis- paro and the Writ of Habeas Data in Favor of Francis
sion of a public official. Moreover, in the context of am- Sqez v: Macapagal-Arroyo, G.R. No. 183533, September
para proceedings, responsibility may refer to the par- 25, 2012, 681 SCRA 678, citing Gonzales v. Abaya, G.R.
ticipation of the respondents, by action or omission, in No. 164007, A.ugust 10, 2006, 498 SCRA 445)
enforced disappearance. Accountability, on the other
hand, may attach to respondents who are imputed with X
knowledge relating to the enforced disappearance and
who carry the burden of disclosure; or those who carry, The Ambassador of the Republic of Kafiristan
but have failed to discharge, the burden of extraordinary referred to you for handling, the case of the Em-
diligence in the investigation of the enforced disappear- bassy's Maintenance Agreement with CBM, a pri-
ance. (Secretary of National Defense u. Manalo, G.R. No. vate domestic company engaged in maintenance
180906, 7 October 2008, 568 SCRA 1, 42; see also Rod- work. The Agreement binds CBM, for a defined
riguez v. Macapagal-Arroyo, G.R. No. 191805, November
fee, to maintain the Embassy's elevators, air-
198 POLITICAL LAW AND PcBLIC l:siTERNATIONAL LAW BAR Q & A (2009-2019) 199

conditioning units and electrical facilities. Sec- XI

tion 10 of the Agreement provides that the
Agreement shall be governed by Philippine laws In her interview before the Judicial and Bar
and that any legal action shall be brought before Council (JBC), Commissioner Annie Amorsolo of
the proper court of Makati. Kafiristan terminated the National Labor Relations Commission claims
the Agreement because CBM allegedly did not that she should be given credit for judicial service
comply with their agreed maintenance standards. because as NLRC Commissioner, she has the rank
CBM contested the termination and filed a of a Justice of the Court of Appeals; she adjudi-
complaint against Kafiristan before the Regional cates cases that are appealable to the Court of
Trial Court of Makati. The Ambassador wants you Appeals; she is assigned car plate No. 10; and she
to file a motion to dismiss on the ·ground of state is, by law, entitled to the rank, benefits and privi-
immunity from suit and to oppose the position leges of a Court of Appeals Jµstice.
that, under Section 10 of the Agreement, Kafiris- If you are a member of the JBC, would you
tan expressly waives its immunity from suit. give credit to this explanation? (6%)
Under these facts, can the Embassy success-
Yes, it has been held that; even if the Commission-
fully invoke immunity from suit? (6%)
ers of the National Labor Relations Commission
(NLRC), which is not a court, are technically not Mem-
Yes, the Embassy may invoke immunity from suit.
bers of the Judiciary, and they therefore do not have the
While, as a general principle, its execution of its privilege to use the title ofJ udge or Justice, they should
Maintenance Agreement with CBM-may be considered just the same not be deprived of "credit for judicial ser-
as an implied waiver of its sovereign immunity (Santos vice," particularly with respect to their salaries and
u. Santos, 92 Phil. 281), it has however been ruled that retirement benefits, considering that various laws re-
suability would follow only if the contract were executed gard them, or these executive officials, to be "at par"
by it in its proprietary capacity. Governmental or "sov- with their judicial counterparts with respect to said
ereign" contracts, such as the one subject of this case, salaries and retirement benefits.
which pertains to the maintenance of the Embassy's
elevators, air-conditioning units and electrical facilities, Said laws, which confer upon them the rank and
privileges of Justices of the Court of Appeals, provide
all of which may be considered as vital to its "govern-
mental" operations, do not result in implied waiver of that their service in the NLRC ought to be credited as
the State from suit. (USA u. Ruiz, 136 SCRA 487) judicial service, at least, as stated earlier, in terms of
salaries and retirement benefits. (Re: Letter of Court of'
Appeals Justice Vicente 8. E. Veloso, Resolution on MR,
AM. No. 12-8-07-CA, July 26, 2016)
200 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 201

[Note: This answer is based on a case which was decided by the XII
Supreme Court after this question was asked in 2013. Thus -
"In conferring upon certain officials in the Executive the same In the May 2013 elections, the Allied Workers'
salaries, aside from their rank, as those of their respective judicial Group of the Philippines (AWGP), representing
counterparts, Congress intended to make the salaries of the former land-based and sea-based workers in the Philip-
at par with the latter. xxx. Thus, Congress knew, or is presumed to
have known, the concept of longevity pay under Section 42 of Batas
pines and overseas, won in the party list congres-
Pambansa Big. 129 as part of the total salary of members of the sional elections. Atty. Abling, a labor lawyer, is its
Judiciary when it enacted Republic Act Nos. 9417, 9347, and 10071, nominee.
which granted certain officials of the OSG, the NLRC, and the NPS,
respectively, the same salary as their respective counterparts in the As part of the party's advocacy and services,
Judiciary. Moreover, armed with that knowledge, Congress is pre- Congressman Abling engages in labor counseling,
sumed to have intended to adopt the definition of 'salary' (as consti- particularly for local workers with claims against
tuting basic monthly salary plus longevity pay) when it enacted
Republic Act Nos. 9417, 9347, and 10071, which will be in keeping their employers and for those who need represen-
with the legislative intent to equalize the salary of certain executive tation in collective bargaining negotiations with
officials with members of the Judiciary. To do otherwise will negate employers. When labor cases arise, AWGP enters
the express legislative intent." (Re: Letter of Court of Appeals Justice its appearance in representation of the workers
Vicente S. E. Veloso, Resolution on MR, A.M. No. 12-8-07-CA, July
26, 2016)] and the Congressman makes it a point to be there
to accompany the workers, although a retained
[Acceptable Answer (based also on a case decided after this
question was asked in 2013):
counsel also formally enters his appearance and
is invariably there. Congressman Abling largely
Commissioner Amorsolo's claim is untenable.
takes a passive role in the proceedings although
The NLRC is an agency attached to tl'ie Department of Labor he occasionally speaks to supplement the retained
and Employment - an adjunct of the Executive Department - albeit
for policy and program coordination only. Her past service as NLRC
counsel's statements. It is otherwise in CBA nego-
Commissioner cannot be credited as judicial service. Parity in rank tiations where he actively participates.
and salary does not automatically mean parity in rights. Service in
the NLRC, even with the rank of a CA Justice, is not service with
Management lawyers, feeling that a con-
the Judiciary. (Re: Letter of' Court of' Appeals Justice Vicente S. E. gressman should not activdy participate in cases
Veloso, Resolution on MR, A.M. No. 12-8-07-CA, A.M. No. 12-8-07- before labor tribunals and before employers be-
CA, June 16, 2015 - reversed on Motion for Reconsideration, July 26, cause of the influence a congressman can wield,
2016)]
filed a disbarment case against the Congressman
[Acceptable Answer: Commissioner Amorsolo's claim is unten- before the Supreme Court for his violation of the
able. A statutory grant in favor of an executive official of the privi- Code of Professional Responsibility and for
leges of a Member of the Judiciary does not make him a part of the
Judiciary and therefore or consequently subject. to all powers and breach of trust, in relation particularly with the
laws reserved for such Members. (Noblejas v. Teehanliee, G.R. No. L- prohibitions on legislators under the Constitu-
28790, April 29, 1968)] tion.
 BAR Q & A (2009-2019) 203
202 POLITICAL LAW AND PIJBLIC INTERNATIONAL LAW

ls the cited ground for disbarment meritori- (C) a law providing that a policeman shall be
ous? (6%) preventively suspended until the termination of a
criminal case against him.
No, the grounds cited for Congressman Abling's (D) a law providing higher salaries to
disbarment are without merit: teachers in public schools who are "foreign
Section 14 of Article VI of the Constitution prohib- hires."
its legislators from personally appearing as counsel (E) a law that grants rights to local Filipino
before, among others, any court of justice or quasi-
workers but denies the same rights to overseas
judicial and other administrative bodies.
Filipino workers.
Congressman Abling does not appear to have vio-
lated this provision of the Const{tution, which clearly II. Offended by the President's remarks that
does not cover "labor counsel1ing" or simply accompany- the Bureau of Customs is a pit of misfits and the
ing, and not personally appearing. as counsel for, work- corrupt, the Bureau of Customs Employees Asso-
ers, who are formally and actually .represented by their ciation composed of 3,000 workers seeks your le-
own retained counsel, in labor cases. gal advice on how best to protest what it views to
It is submitted that his "passive role" and occa- be the President's baseless remarks.
sional remarks in support of said retained counsel's A prudent legal advice is that _ _ _ _ . (1 %)
statements cannot be considered as a breach of this
constitutional proscription, which would also not cover (A) employees can go on mass leave of ab-
his participation in CBA negotiations, which, again, sence for one week.
cannot be considered as personally appearing as counsel
(B) employees- can march and rally at Men-
before any court or quasi-judicial or administrative pro-
diola every Monday.
ceeding.
(C) employees can barricade the gates of the
MULTIPLE CHOICE QUESTIONS Port of Manila at South Harbor and call for the res-
ignation of the incumbent Commissioner of Cus-
I. The equal protection clause is violated by toms.
_ _ _ _ .• (1%)
(D) employees can wear black arm bands
and pins with the.word "UNFAIR" inscribed.
(A) a law prohibiting motorcycles from plying
on limited access highways. (E) None of the above can legally be done.
(B) a law granting Value Added Tax exemp- III. Congress enacted Republic Act No. 1234
tion to electric cooperatives that sells electricity to requiring all candidates for public offices to post
the "homeless poor." ·
204 POLITICAL LAW Al'\1) PuBLIC lNTER..1\/ATIONAL LAW BAR Q & A l2009-2019J 205

an election bond equivalent to the one (1) year (D) The decision is not binding on the parties
salary for the position for which they are candi- and is only advisory.
dates. The bond shall be forfeited if the candi- (El The binding effect on the parties depends
dates fail to obtain at least 10% of the votes cast. on their submission agreement.
Is Republic Act No. 1234 valid? (1 %)
V. Under the UN Convention on the Law of
(A) It is valid as the bond is a means of ensur- the Sea, the exclusive economic zone refers to an
ing fair, honest, peaceful and orderly elections. area. (1%)
(B) It is valid as the bond requirement en- (A) that is at least 100 miles from the base-
sures that only candidates with sufficient means lines from which the outer limit of the territorial
and who cannot be corrupted, can run for public of- sea is measured.
fice.
(B) that is at least 200 miles but not to exceed
(C) It is invalid as the requirement effec- 300 miles from the baselines from which the outer
tively imposes a property qualification to run limit of the territorial sea is measured.
for public office.
(C) beyond and adjacent to a country's
CD) It is invalid as the amount of the surety territorial sea which cannot go beyond 200
bond is excessive and unconscionable. nautical miles from the baselines from which
(E) It is valid beca-c1se it is a reasonable re- the outer limit of the territorial sea is meas-
quirement; the Constitution itself expressly sup- ured.
ports the accountability of public officers. (D) that can go beyond 3 nautical miles but
cannot extend 300 nautical miles from the base-
IV. What is the legal effect of decisions of the lines from which the outer limit of the territorial
International Court of Justice in cases submitted sea is measured.
to it for resolution? (1%)
(E) None of the above.
(A) The decision is binding on other countries
in similar situations. VI. A child born under either the 1973 or the
1987 Constitution, whose father or mother is a
(B) The decision is not binding on any coun- Filipino citizen at the time of his birth, is
try, even the countries that are parties to the case. _ _ _ _ .(1%)
(C) The decision is binding only on the
(A) not a Filipino citizen as his father and
parties but only with respect to that particu-
mother must both be Filipino citizens at the time of
lar case. his birth.
206 POLITICAL LAW AND Pl.JBLIC INTERNATIONAL LAW BAR Q & A (20C9-2019) 207

(B) not a Filipino citizen if his mother is a (B) No, because local government units no,v
Filipino citizen but his father is not, at the time of enjoy full local fiscal autonomy.
his birth.
(C) No, because only limitations estab-
(C)a Filipino citizen no matter where he lished by Congress can define and limit the
or she may be born. powers of local governments.
(D) a Filipino citizen provided the child is (DJ Yes, because the President has the power
born in the Philippines. and authority to impose reasonable restrictions on
(E) a Filipino citizen if he or she so elects the power of cities to raise revenues.
upon reaching the age of 21. (E) Yes, ifso provided in a city's charter.

VII. Who has control of the expenditure of IX. The provision under the Constitution -
public funds? (1 %) that any member who took no part, dissented, or
inhibited from a decision or resolution must state
(A) The Office of the President .through the reason for his dissent or non-participation -
the Department of Budget and Management. applies _ _ _ _ . (1 %)
(B) The House of Representatives from where
(A) only to the Supreme Court.
all appropriation bills emanate.
(B) to both the Supreme Court and the Court
(C) The Senate through its Committee on Fi-
of Appeals.
nance.
(D) The Congress of the Republic of the Phil- (C) to the Supreme Court, Court of Appeals
and the Sandiganbayan.
ippines.
(D) to the Supreme Court, the Court of
(E) Both the members of Congress and the
President acting jointly, if so provided by the Gen- Appeals, the Sandiga:nbayan and the Court of
eral Appropriations Act. Tax Appeals.
(E) to all collegial judicial and quasi-judicial
VIII. May the power of cities to raise reve- adjudicatory bodies.
nues be limited by an executive order of the
President? (1%) X. Choose the least accurate statement
about the independence guaranteed by the 1987
(A) Yes, because local government units are Constitution to the following constitutional bod-
under the administrative control of the President ies: (1 %)
through the Department of Interior and Local Gov-
ernment.
208 PC·LITICAL LAW A.l\'D PuBLIC INTERNATIONAL L.\W BAR Q & A (2009-2019) 209

(A) The Constitution guarantees the COME- ders and resolutions that are available to the
LEC decisional and institutional independence public.
similar to that granted to the Judiciary.
(D) should deny the request because it vio-
(B) All bodies labeled as "independent" by the lates the Court's independence and the doctrine of
Constitution enjoy fiscal autonomy as an attribute separation of powers.
of their independence.
(E) should grant the request because of the
(C) Not all bodies labeled as "independ- sui generis nature of th€', power of impeachment,
ent" by the Constitution were intended to be provided that the Bill of Rights is not violated.
independent from the Executive branch of
government. [Note: (BJ can also be considered as an acceptable answer.]

(D) The Constitution guarantees various de- XII. Mr. Sinco sued the government for dam-
grees of independence from the other branches of ages. After trial, the court ruled in his favor and
government when it labels bodies as "independent". awarded damages amounting to P50 million
(E) The COMELEC, the COA, and the CSC against the government. To satisfy the judgment
enjoy the same degree of independence. against the government, which valid option is
available to Mr. Sinco? (1 %)
XI. At the Senate impeachment trial of Jus-
tice Pablo P. San Quintin, Hon. Emilio A. Tan, (A) Garnish the government funds deposited
Congressman and Impeachment Panel Manager, at the Land Bank.
wrote the Supreme Court reque-sting that the (B) File a claim with the Commission on
prosecutors be allowed to examine the court re- Audit (COA) pursuant to Commonwealth Act
cords of Stewards Association of the Philippines, 327, as amended by Presidential Decreel445.
Inc. (SAP) v. Filipinas Air, et al., G.R. No. 987654, a
case that is still pending. The High Court (C) Make representations with the Congress
_ _ _ _ .(1%) to appropriate the amount to satisfy the judgment.
(D) File a petition for mandamus in court to
(A) may grant the request by reason of inter- compel Congress to appropriate P50 million to sat-
departmental courtesy. isfy the judgment.
(B) may grant the request as the records of (E) Proceed to execute the judgment as pro-
the FUpinas Air case are public records. . vided by the Rules of Court because the State al-
(C) should deny the request since re- lowed its elf to be sued.
cords of cases that are pending for decision
are privileged except only for pleadings, or-
210 POLITICAL LAW A.ND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019 J 211

XIII. Which of the following prov1s10ns of XIV. The President entered into an execu-
the Constitution does not confer rights that can tive agreement with Vietnam for the supply to the
be enforced in the courts but only provides guide- Philippines of animal feeds not to exceed 40,000
lines for legislative or executive action? (1 %) tons in any one year. The Association of Animal
Feed Sellers of the Philippines questioned the
(A) The maintenance of peace and order, executive agreement for being contrary to R.A.
the protection of life, liberty, and property, 462 which prohibits the importation of animal
and promotion of the general welfare are es- feeds from Asian countries. Is the challenge cor-
sential for the enjoyment by all the people of rect? (1%)
the blessings of democracy.
(B) The State shall give priority to edu- (A) Yes, the executive agreement is con-
cation, science and technology, arts, culture, trary to an existing domestic law.
and sports to foster patriotism and national- (B) No, the President is solely in charge of
ism, accelerate social progress, and promote foreign relations and all his actions in this role
total human liberation and development. form part of the law of the land.
(C) The natural and primary right and (C) No, international agreements are !:iui
duty of parents in the rearing of the youth for generis and stand indepe.ndently of our domestic
civic efficiency and the development of moral laws.
character shall reeeive the support of the
(D) Yes, the executive agreement is actually a
Government.
treaty which does not take effect without ratifica-
(D) The right of the people to information on tion by the Senate.
matters of public concern shall be recognized. Ac-
(E) Yes, the challenge is correct because there
cess to official records, and to documents and pa-
is no law empowering the President to undertake
pers pertaining to offi:::ial acts, transactions, or de- the importation.
cisions, as well as to government research data
used as basis for policy development, shall be af- XV. The separation of Church and State 1s
forded the citizen, subject to such limitations as most clearly violated when _____ . (I%)
may be provided by law.
(E) All the above only provide guidelines and (A) the State funds a road project whose effect
are not self-executing. is to make a church more accessible to its adher-
ents.
[Note: (A), (B) and (CJ are all acceptable answers because they
all refer to non-self-executing provisions of the Constitution.]
212 POLITICAL LAW Al'-,'D PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 213

(B) the State declares the birthplace of a (D) only as Chairman of the Commission on
founder of a religious sect a~ a national historical Elections.
site.
(E) to any position as no prohibition applies
(C) the State expropriates church property in to Patricio.
order to construct an expressway that, among oth-
ers, provides easy access to the Church's main ca- XVII. Senator GSC proposed a bill increas-
thedral. ing excise taxes on tobacco and alcohol products.
(D) the State gives vehicles to bishops to The generated incremental revenues shall be used
assist them in church-related charitable pro- for the universal health care program for all Fili-
jects. pinos and for t~bacco farmers' livelihood. After
the Senate passed the bill on third reading, it was
(E) the State allows prayers in schools for transmitted to the House of Representatives
minor children without securing the prior consent which approved the bill in toto. The President
of their parents. eventually signed it into law. Atty. JFC filed a
petition before the Supreme Court, questioning
XVI. Patricio was elected member of the the constitutionality of the new law.
House of Representative in the May 2010 Elec-
tions. His opponent Jose questioned Patricio's Is the law constitutional? (1 %)
victory before the House of Representatives Elec-
toral Tribunal and later with the Supreme Court. (A) The law is constitutional because it is for
a public purpose and has duly satisfied the tbree-
In a decision promulgated in November 2011, readings-on-separate-days rule in both Houses.
the Court ruled in Jose's favor; thus, Patricio was
ousted from his seat in Congress. Within a year (B) The law is unconstitutional because it vio-
from that decision, the President can appoint Pa- lates the equal protection clause of the Constitu-
tricio _ _ _ _ . (1 %) tion; it is limited only to alcohol and liquor prod-
ucts.
(A) only as a member of the board of di- (C) It is constitutiomd because of the Enrolled
rectors of any government owned and con- Bill Theory.
trolled corporation.
(D) It is constitutional because it is valid in
(B) only as a deputy Ombudsman. form and subst~nce and complied with the required
(C) only as a Commissioner of the Civil Ser- lawmaking procedures.
vice Commission. (E) None of the above is correct.
214 POLITICAL LAW A..l\'D PUBLIC INTERNATIONAL Ll>,W BAR Q & A (2009-2019) 215

XVIII. Which of the following statements is (B) Compelling State Interest Test
correct? ( 1%) (C) Balancing of interests Test
(A) The President, with the concurrence of (D) Conscientious Objector Test
the Monetary Board, can guarantee a foreign loan (E) Dangerous Tendency Test
on behalf of the Republic of the Philippines.
(B) Congress may, by law, provide limita- XX. Rafael questioned the qualifications of
tions on the President's power to contract or Carlos as congressman of the Third District of
guarantee foreign loans on behalf of the Re- Manila on the ground that Carlos is a citizen of
public of the Philippines. the USA. The decision disqualifying Carlos for
being a US citizen came only in March 2010, i.e.,
(C) In order to be valid and effective, treaties after the adjournment of the session of Congress
and executive agreements must be concurred in by on the 3'd year of the position's three-year term.
at least two-thirds of all the Members of the Sen-
ate. What was Carlos' status during his incum-
bency as congressman? (1%)
(D) The President shall, at the end of every
qua,ter of the calendar year, submit to Congress a (A) He was a de Jure officer, having been duly
complete report of the loans contracted or guaran- ,,,.:
.
if J,I
elected and proclaimed.
teed by the Government or government-owned and
controlled corporations. 1l lr . (B) He was not a public officer because he ef-
fectively was not entitled to be a congressman.
(E) All the above choices are defective in some
respects. (CJ He was a de Jure officer since he com-
pleted the service ·of his term before he was dis-
XIX. Candida has been administratively qualified.
charged of immorality for openly living with
(D) He was a de facto officer since he had
Manuel, a married man. Candida argues th.at her
served and was only disqualified later.
conjugal arrangement with Manuel fully conforms
with their religious beliefs and with the teachings (E) He neither possesses de Jure nor de facto
of their church. status as such determination is pointless.
In resolving whether Candida should be ad-
ministratively penalized, which is the best test to
apply? {1%)
(A) Clear and Present Danger Test
 POLITICAL LAW A.!','D PuB:.JC INTERNATIONAL LAW BAR Q & A (2009-2019 I 217
216

Section 1 of Article XVII requires a vote of three-

2014 fourths of all of the Members of the Congress for the
validity of the adoption of such proposals.
I
Although not expressly required under said provi-
With the passage of time, the members of the sion, it is submitted that this three-fourths vote must be
House of Representatives increased with the crea- done by each of the chambers of the Congress sepa-
tion of new legislative districts and. the corres- rately, i.e., there must be a three-fourths vote in the
ponding adjustments in the number of party-list House of Representatives and a separate three-fourths
representatives. At a time when the House mem· vote in the Senate.
bership was already 290, a great number of the This procedure finds justification in, first, the fact
members decided that it was time to propose that the Congress is a bicameral body, and each of the
amendments to the Constitution. The Senators, two chambers must necessarily have the competence to
however, were cool to the idea. But the members make independent determinations and decisions with
of the House insisted. They accordingly convened respect to this constituent act of initiating the first step
Congress into a constituent assembly in spite of toward changing the Constitution, and, second, the
the opposition of the majority of the members of practical reason that, if bills, done by the Congress in its
the Senate. When the votes were counted, 275 purely legislative capacity, are required under the Cons-
members of the House of Representatives ap• titution to be separately deliberated and decided upon
proved the proposed amendments. Only 10 Sena- by each chamber, then, wi.th greater reason, there must
tors supported such proposals. The proponents be as well the competence for each of the chambers to
now claim that the proposals were ·validly made, make such independent deliberation and decision on the
since more than the required three-fourths vote of constituent and therefore greater or more important
Congress has been obtained. The 14 Senators who task of proposing constitutional amendments.
voted against the proposals claim that the pro- It may be added that many specific actions of the
posals needed not three-fourths vote of the entire Congress, such as the declaration of the existence of a
Congress but of each house. Since the required state of war (Article VI, Section 23 [l]) and the procla-
number of votes in the Senate was not obtained, mation of the winning presidential candidate (Article
then there could be no valid proposals, so argued VII, Section 4) are required under the Constitution to be
the Senators. Were the proposals validly adopted done through the separate votes of the two chambers. It
by Congress? (5%) is only in the revocation of a declaration of martial law
or suspension of the privilege of the writ of habeas cor-
No, the proposals were not validly adopted because pus that a joint majority vote is prescribed. (Article VII,
only ten of the twenty-four Senators approved the pro- Section 18)
posed amendments.
218 POLITICAL LAW AND PuBLIC INTERNATIONAL LA.W BAR Q & A (2009-2019) 219

II I will further 1?-dvise them not to pursue or file a pe-

tition for initiative on amendment of the Constitution
Several citizens, unhappy with the prolifera- because, in the same case of Santiago u. Commission on
tion of families dominating the political land- Elections, the Supreme Court considered said enabling
scape, decided to take matters into their own law, or R.A. No. 6735, as inadequate for purposes of
hands. They proposed to come up with a people's implementing Section 2 ·of Article XVII of the Constitu-
initiative defining political dynasties. They tion, with respect to initiatives for amendment of the
started a signature campaign for the purpose of Constitution. Accordingly, there exists no valid or en-
coming up with a petition for that purpose. Some forceable enabling law which can implement said consti-
others expressed misgivings about a people's ini- tutional provision.
tiative for the purpose of proposing amendments The claim that Lambino u. Commission on Elec-
to the Constitution, however. They cited the tions has reversed· that part of the ruling in Santiago v.
Court's decision in Santiago v. Commission on Commission on Elections, i.e., on the inadequacy of R.A.
Elections, 270 SCRA 106 (1997), as authority for No. 6735 by reason of its failure to provide for an effec-
their position that there is yet no enabling law for tive procedure for petitions for initiative on amendment
such purpose. On the other hand, there are also of the Constitution, is baseless or untenable.
those who claim that the individual votes of the
justices in Lambino v. Commission on Elections, It will be recalled that the Supreme Court did not
even consider Santiago as an issue in said Lambino
505 SCRA 160 (2006), mean that Santiago's pro-
case, and dismissed the Lambino petition on other
nouncement has effectively been abandoned. If
grounds, i.e., the insufficiency of the petition for initia-
you were consulted by those behind the new at-
tive filed by the petitioners in said case.
tempt at a people's initiative, how would you ad-
vise them? (4%) It is submitted that there can be no reversal of a
doctrine by implication, especially in a case where said
I would advise them to proceed with their intention doctrine was not even considered as among the legal
to file a petition for initiative for purposes of providing issues.
for a law prohibiting political dynasties.
This can be done on the basis of and following the III
procedure prescribed in R.A. No. 6735, which imple-
ments Section 32 of Article VI of the Constitution. It will In Serrano v. Gallant Maritime Services, Inc.,
be recalled that the procedure for said initiative on na- 582 SCRA 254 (2009), the Supreme Court declared
tional legislation, as prescribed in said law, has been as violative of the Equal Protection Clause the 5th
upheld as a valid enabling law with respect to initia- paragraph of §10 R.A: No. 8042 (Migrant Workers
tives on national and local legislation by the Supreme and Overseas Filipinos Act of 1995) for discrimi-
Court in Santiago u. Commission on Elections. nating against illegally dismissed OFWs who still
 POLITICAL LAW AND PlIBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 221
220

had more than a year to their contract compared eventually decided by the COMELEC against her
to those who only had less than a y·ear remaining. 10 days after the election. Since she has already
The next year, Congress enacted R.A. No 10222, an been proclaimed, she ignored that decision and
amendment to the Migrant Workers and Overseas did not bother appealing it. The COMELEC then
Filipinos Act, which practically reinstated the declared in the first week of June that its decision
provision struck down in Serrano. holding that Beauty was not validly elected had
become final. Beauty then went to the Supreme
Seamacho, an overseas seafarer who still had
Court questioning the jurisdiction of the COME-
two years remaining on his contract when he was
LEC claiming that since she had already been
illegally terminated, and who would only be enti-
proclaimed and had taken lier oath of office, such
tled to a maximum of six-month's pay under the
election body had no more right to come up with a
reinstated provision, engages you as his counsel.
decision - that the jurisdiction had already been
How are you to argue that the new law is invalid
transferred to the House of Representatives Elec-
insofar as it brings back to the statute books a
toral Tribunal. How defensible is the argument of
provision that has already been struck down by
Beauty? (4%)
the Court? (5%)
Beauty's argument is untenable.
When a law or a provision of law is null because it
is inconsistent with the Constitution, the nullity cannot The COMELEC properly had jurisdiction over her
be cured :Oy reincorporation or reenactment of the same disqualification case, and its decision providing for her
or a similar law or provision. disqualification had indeed become final in ,June.
A law or provision of law that was ~lready declared Her claim that it is the House of Representatives
unconstitutional remains as such unless circumstances Electoral Tribunal (HRET) which may properly exercise
have so changed as to warrant a reverse conclusion. jurisdiction over her is without merit.
(Sameer Ouerseas Placement Agency, Inc. v. Cabiles, It is established that the jurisdiction of the BRET
G.R. No. 17)139, August 5, 2014) is limited only to Members of the House of Representa-
tives. For one to be considered as such, "there must be a
IV concurrence of the following requisites: (a) a valid proc-
lamation, (b) a proper oath, and (c) assumption of of-
Beauty was proclaimed as the winning candi- fice." A "proper oath" is one taken before the Speaker of
date for the position of Representative in the the House of Representatives "in open session," consis-
House of Representatives three (3) days after the tent with the provisions of Section 6 of Rule II (Mem-
elections in May. She then immediately took her bership) of the Rules of the House of Representatives.
oath of office. However, there was a pending dis- (Reyes u. COMELEC, G.R. No. 207264, June 25, 2013)
qualification case against her, which case was
222 POLITICAL LAW AND PUBLIC INTEfu'<ATIONAL LAW BAR Q &A (2009-2019! 223

It is clear that Beauty, upon the finality of the Neither should Greenpeas be considered as dis-
COMELEC decision on her disqualification had yet to qualified because, as alleged by Blueban, "it does not
become such a Member, because while she may then represent any of the marginalized and underrepre-
already have been proclaimed as the winning candidate, sented sectors of society."
it is clear that she is yet to take her "proper oath" and
It still can be considered as a sectoral party, which
assume office.
refers to any organized group of citizens belonging to
any of the sectors enumerated in the law, Section 5 of
V R.A. No. 7941, whose principal advocacy pertains to the
special interest and concerns of their sector.
Greenpeas is an ideology-based political
party fighting for environmental causes. It de- The sectors mentioned in Section 5 are not all nec-
cided to participate under the party-list system. essarily "marginalized and underrepresented." It would
When the election results came in, it only ob- be enough if a sectoral party's principal advocacy per-
tained 1.99 percent of the votes cast under the tains to the special interest and concerns of its sector, as
party-list system. Bluebean, a political observer, in the case of Greenpeas, which is an ideology-based
claimed that Greenpeas is not entitled to any seat political party fighting for environmental causes. (Atong
since it failed to obtain at least 2% of the votes. Paglaum, Inc. v. Commission. on Elections, G.R. No.
Moreover, since it does not represent any of the 203766, April 2, 2013, 694 SCRA 477)
marginalized and underrepresented sectors of
society, Greenpeas is not entitled to participate VI,
under the party-list system. How valid are the
observations of Bluebean? (4%) A few months before the end of the present
Congress, Strongwill was invited by the Senate to
The observations of Bluebean are not valid. shed light in an inquiry relative to the alleged
siphoning and diverting of the pork barrel of
Greenpeas can be considered as qualified to a
party-list seat notwithstanding its having obtained only members of Congress to non-existent or fictitious
1.99 percent of the votes cast under the party-list sys- projects. Strongwill has been identified in the
tem. Party-list groups or organizations garnering less news as the principal actor responsible for the
than 2% of the party-list votes may yet qualify for a seat scandal, the leader of ,a- non-governmental organi-
in the allocation of additional seats. (BA.NAT v. COME- zation which ostensibly funnelled the funds to
LEC, G.R. No. 179271, April 21, 2009, 592 SCRA 294, certain local government projects which existed
cited in Philippine Guardians v. COMELEC, G.R. No. only on paper. At the start of the hearings before
190529, April 29, 2010) the Senate, Strongwill refused at once to cooper-
ate. The Senate cited him in contempt and sent
him to jail until he would have seen the light. The
224 POLITICAL LAW A.1\JD PuBLIC INTERNATION,0,.L LAW BAR Q & A (2009-2019) 225

Congress, thereafter, adjourned sine die prepara- upon the expiration of one Congress which necessarily
tory to the assumption to office of the newly- results in the termination of the legislative inquiry of
elected members. In the meantime, Strongwill the Senate. As the legislative inquiry ends upon that
languished behind bars and the remaining sena- expiration, the imprisonment of the detained vvitnesses
tors refused to have him released, claiming that likewise ends. (Balag u. Senate, G.R. No. 234608, July 3,
the Senate is a continuing body and , therefore, he 2018)
can be detained indefini~ely. Are the senators
[Note: This answer is based on a case which ,vas decided after
right? (4%) this question was asked in 2014.J

Although the senators are correct in declaring that [Acceptable Answer: The senators are correct in declaring that
the Senate, as an institution, is a continuing body (Arnault 1·. Naza-
the Senate, as an institution, is a continuing body (Ar- reno, G.R. No. L-3820, July 18, 1950, 87 Phil. 29; Neri 1:. Senate
nault u. Nazareno, G.R. No. L-3820, July 18, 1950, 87 C,.ommittee on Accountability of' Public Officers, G.R. No. 180643.
Phil. 29; Neri u. Senate Committee on Accountability of September 4, 2008. 564 SCRA 152.l. Accordingly, Storngwill can bt>
Public Officers, G.R No. 180643, September 4, 2008, detained despite the adjournment of the Senate, provided that his
detention should not be for a period which can be considered as
564 SCRA 152), it is also established that, in the con-
violative of his right to due process. (Arnault u. 1\Tazareno. G.R. ::-Jo.
duct of its day-to-day business, the Senate of each Con- L-3820, July 18, 1950, 87 Phil. 29)]
gress acts separately and independently of the Senate of
[Acceptable Answer: Although the senators are correct in de-
the Congress before it. Accordingly, all pending matters claring that the Senate, as an institution, is a continuing body (Ar-
and proceedings, i.e., unpassed bills and even legislative nault v. Nazareno, G.R. No. L-3820, July 18, 1950, 87 Phil. 29; N,m
investigations, of the Senate of a particular Congress u. Senate Committee on Accountability of Public Of'f'icers, G.R. No.
are considered terminated upon th(i e:icpiration of that 180643, September 4, 2008, 5(34 SCRA 152), it is also established
Congress and it is merely optional on the Senate of the that, in the conduct of its day-to-day business, the Senate of each
Congress acts separately and independently of the Senate of the
succeeding Congress to take up such unfinished mat- Congress before it. Accordingly, all pending matters and proceed-
ters, not in the same status, but as if presented for the ings, i.e., unpassed bills and even legislative investigations, of the
first time. (Neri v. Senate Coinmittee on Accountability Senate of a particular Congress are considered terminated upon the
of Public Officers and Investigations, G.R. No. 180643, expiration of that Congress. This should necessarily include the
continued detention of those it 111ay have cited for contempt and
March 25, 2008, 549 SCRA ~7, cited in Garcillano u.
punished with detention, such as Strongwill, in connection with its
House of Representatives, G.R. No. 170338, December exercise of its power of'legislative inquiry. (Neri u. Senate Committee
23, 20085 575 SCRA 170) on Accountability of Public Officers and Investigations, G.R. :'Jo.
180643, March 25, 2008, 549 SCRA 77, cited in Garcillano u. House
Accordingly, it has been held that the period of im- of Representatives, G.R. No. 170338, December 23, 20085 575 SCHA
prisonment under the inherent power of contempt by 170)]
the Senate during inquiries in aid of legislation should
only last until the termination of the legislative inquiry
under which the said power is invoked, i.e., upon the
approval or disapproval of the Committee Report, or
226 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BARQ &A(2009-2019) 227

VII with respect to appointments which may be made by the

president does not cover appointments to the judiciary.
Margie has been in the judiciary for a long
time, starting from the lowest court. Twenty (20) Thus, it is there provided that ''the spouse and rela-
years from her first year in the judiciary, she was tives by consanguinity or affinity within the fourth civil
nominated as a Justice in the Court of Appeals. degree of the President shall not during his tenure be
Margie also happens to be a first-degree cousin of appointed as members of the Constitutional Commis-
the President. The Judicial and Bar Council in- sions, or the Office of the Ombudsman, or as Secretar-
cluded her in the short-list submitted to the ies, Undersecretaries, chairmen or heads of bureaus or
President whose term of office was about to end - offices, including government-owned or controlled corpo-
rations and their subsidiaries."
it was a month before the next presidential elec-
tions. Can the President still make appointments
to the judiciary during the so-called midnight VIII
appointment ban period? Assuming that he can
The President, concerned about persistent
still make appointments, could he appoint Margie,
reports of widespread irregularities and shenani-
his cousin? (4%)
gans related to the alleged ghost projects with
Yes, he can still make appointments to the judici- which the pork barrel funds of members of Con-
ary during the so-called midnight appointment ban pe- gress had been associated, decided not to release
riod because the prohibition. against such, which is the funds authorized unaer a Special Appropria-
found in Section 15 of Article VII of tp.e Constitution, tions Act for the construction of a new bridge. The
covers only appointments to executive positions. Chief Executive explained that, to properly con-
serve and preserve the limited funds of the gov-
The prohibition against 'the President or Acting ernment, as well as to avoid further mistrust by
President making appointments within two months
the people, such a project - which he considered
before the next presidential elections and up to the end
as unnecessary since there was an old bridge near
of the President's or Acting President's term does not
the proposed bridge which was still functional -
refer to the Members of the Supreme Court. Section 15,
should be scrapped. Does the President have such
Article VE does not apply as well to all other appoint-
authority? (4%)
ments in the Judiciary. (De Castro v. Judicial and Bar
Cour..cil, G.R. No. 191002, March 17, 2010) ·
It is submitted that the president does not have
It is submitted that the president can likewise val- such authority.
idly appoint his cousin, Margie, as a Justice in the Court
Although it is established that, in keeping with his
of A:>peals, because the special rule against nepotism
duty to faithfully execute the laws, the president has
sufficient discretion during the execution of the budget
228 POLITICPJ, L.A.W A~TI Pl.ml.IC INTERNATlO1'AL LAW Rill Q & A (:2009-2019; 229

to adapt the budget to changes in the country's economic (D) coming up with guessing game when it
situation, said discretion be:ng justified as a measure comes to legislation.
indicative of his fiscal autonomy and the principle of
. (E) commandeering large chunks of the
separation of powers (Bengzon v. Drilon, G.R. No.
budget for favoured congressional districts .
103524, April 15, 1992, 208 SCRA 133), it is neverthe-
less submitted that his decision not to release, and
therefore not spend, the subject funds can be considered X
as impoundment, which if :1ot statutorily authorized,
should be considered as unlawful or unconstitutional. The void-for-vagueness doctrine is a concept
which means that: (1 %)
lmpoundment refers to a refusal by the president,
for whatever reason, to spend funds made available by (A) if a law is vague, then it must be void.
Congress. It is the failure, as in this case, to spend or
(B) any law which could not be understood by
obligate budget authority of my type.
laymen is a nullity.
To allow him to do this, without prior or express
legislative authorization, would be to, in effect, permit (C) if a law is incomprehensible to ordi-
him to repeal a law, in this case, the pertinent appro- nary people such that they do not really know
priation measure, or to exercise a power which he does what is required or prohibited, then the law
not have. This should be considered as violative of the must be struck down.
principle of separation of powers. (Philippine Constitu- (D) a government regulation that lacks clear
tion Association v. Enriquez, G.R. No. 113105, August standards is nonsensical and useless as a guide for
19, 1994, 235 SCRA 506, cited in ArauZlo -v. Aquino, G.R. human conduct.
No. 209287, July 1, 2014)
(E). clarity in legal language is a mandate of
due process.
IX
[Acceptable Answer: (A)]
Gerrymandering refers to the practice of:
(1%) XI
(A) creating or dividing congressional In keeping with the modern ag·e of instant
districts in a manner intended to favor a par- and incessant information and transformation,
ticular party or candidate. Congress passed Cybercrime Prevention Act to
(B) truancy as a:r:plied to Members of Con- regulate access to and use of the amenities of the
gress. cyberspace. While ostensibly the law is intended
to protect the interests of society, some of its pro-
(C) loafing among members of Congress.
230 POLITICAL LAW AND .PlffiLIC, INTERNATIONAL LAW BAR Q & A (2009-2019) 231

visions were also seen as impermissibly invading or interesting cases the moment the votes had
and impairing widely cherished liberties of the been taken among the jusdces, even as the final
people particularly the freedom of expression. printed decision and separate opinions are not
Before the law could even be implemented, peti- yet available to the public. In a greatly antici-
tions were filed in the Supreme Court questioning pated decision in a case of wide-ranging ramifica-
said provisions by people who felt threatened, for tions, the voting was close - 8 for the majority,
themselves as well as for the benefit of others who while 7 were for the other side. After the Court
may be similarly affected but not minded enough had thus voted, it issued a press release announc-
to challenge the law. The Solicitor General coun- ing the result, with the advice that the printed
tered that there is no basis for the exercise of the copy of the decision, together with the separate
power of judicial review since there has yet been opinions, were to be issued subsequently. The
no violation of the law, and therefore, there is no ti\t following day, however, one of the members of the
actual case or controversy to speak of, aside from [f Court died. The Court then announced that it
the fact that the petitioners have no locus standi
since they do not claim to be in imminent danger
of being prosecuted under the law. Can the Court
proceed to decide the case even if the law has not
I
:r
it:
would deliberate anew on the case since appar-
ently the one who died belonged to the majority.
Citizens for Transparency, a group of civic-
spirited professionals and ordinary citizens dedi-
yet become effective? (4%) f; cated to transparency and accountability in the
ti\ government, questioned the act of the Court. The
Yes, the Supreme Court can decide the case even if petitioners claimed the decision had already been
the law has not yet become effective._ - validly adopted and promulgated. Therefore, it
It is established that, upon the mere enactment of could no longer be recalled by the Court. At the
the questioned law or the approval of the challenged same time, the group also asked the Court to dis-
action, the dispute is said to have ripened into a judicial close to the public the original ·decision and the
controversy even without any other overt act. "Indeed, separate opinions of the magistrates, together
even a singular violation of the Constitution and/or the with what they had deliberated on just before
law is enough to awaken judicial duty." (Tai'iada v. An- they came up with the press release about the 8-7
gara, G.R. No. 118295, May 2, 1997, 272 SCRA 18, cited decision. (6%)
in Pimentel v. Aguirre, G.R. No. 132988, July 19, 2000,
336 SCRA 201) (A) Was the announced 8-7 decision al-
ready validly promulgated and thus not sub-
XII ject to recall?

The Court had adopted the practice of an-

nouncing its decision in important, controversial
232 POLITICAL LAW A."ID PuBLIC INTERNATIONAL LAW BARQ&A(2009-2019J 233

The press release on the subject decision cannot be Piazon vs. Judge of the CFI of Cotabato, L-29354, Jan u-
considered as a valid promulgation of said judgment ary 27, 1969, 26 SCRA 664; Sons vs. Court of Appeals,
which may thus be recalled. L-29777-83, March 26, 1971, 38 SCRA 53) -
It is established that an unpromulgated decision is
(C) If the decision was still being final-
no decision at all. A decision becomes binding only after
ized, should the Court release to the public
it is validly promulgated. (Limkaichong v. COMELEC,
the majority decision and the separate opin-
G.R. Nos. 178831-32, July 30, 2009 Resolution on the
ions as originally announced, together with
Motion for Reconsideration)
their deliberations on the issues?
Until such operative act occurs, there is really no
decision to speak of, even if some or all of the Justices It is submitted that the Court should not release
have already affixed their signatures thereto. During both the majority decision ar,d the separate opinions
the intervening period from the time of signing until the prior to their valid promulgation. These should be con-
promulga:;ion of the decision, anyone who took part in sidered as parts of the confidential internal delibera-
the dejberation and had signed the decision may, for a tions of the Court which must not be released to the
reason, validly withdraw one's vote, thereby preserving public. (Limlwichong u. COMELEC, G.R. Nos. 178831-
one's freedom of action. (Limkaichong u. COlvlELEC, 32, July 30, 2009 Resolution. on the Motion for Recon-
G.R. Nos. 178831-32, July 30, 2009 Resolution on the sideration)
Motion for Reconsideration)
XIII
(B) If the decision was not yet finalized
at the time when the justice aied, could it still Congress may increase the appellate jurisdic-
be promulgated? tion of the Supreme Court: (1 %)

It is submitted that, considering that one of the jus- (A) anytime it wants.
tices which voted for the majority had died before the
actual promulgation of the subject judgment, said deci- (B) if requested by the Supreme Court.
sion can no longer be promulgated, as the resultant vote (C) upon recommendation of the President.
(of 7-7) would not be determinative of the case.
(D) only with the advice and concurrence
This would be consistent with the established rule of the Supreme Court.
that judgments must be duly signed and promulgated
during the incumbency of those, or the judges, who (E) whenever it deems it appropriate, advis-
able or necessary.
signed them. (People vs. So, 101 Phil. 1257; People vs.
Court of ,4.ppeals and Domaloan, 99 Phil. 786; Jimenez
us: Republic, L-24529, February 17, 1968, 22 SCRA 622;
234 POLITICAL LAW A.1\1) PL13LJC INTERNATIONAL LAW BAR Q & A (2009-2019) 235

XIV distribution of the newspaper containing the arti-

cle.- DeepThroat went to court complaining about
The guarantee of freedom of expression signi- the prohibition placed on the dissemination of his
fies: (1 %) article. He claims that the act of the authorities
partakes of the nature of heckler's veto, thus a
(A) absolute freedom to express oneself. !;;{;; violation of the guaranty of press freedom. On the
~'/\·
(B) freedom from prior restraint. -t: other hand, the authorities counter that the act
\~; was necessary to protect the public order and the
(C) right to freely speak on anything without It
:~} greater interest of the community. If you were the
limitations.
judge, how would you resolve the issue? (4%)
(D) the right of the government to regulate
speech. I would rule in favor of DeepThroat.
(E) the right of broadcast stations to air any He is correct in complaining against the prohibition
program. and correctly considered it as a heckler's veto, which
•generally occurs when an acting party's right to freedom
xv of speech is curtailed or restricted by the government in
order to prevent a reacting party's behaviour, as in this
Allmighty Apostles is a relatively new reli- case.
gious group and movement with fast-growing Government regulations partaking of the nature of
membership. One time, DeepThroat, an investiga- a heckler's veto have been considered as unconstitu-
tive reporter, made a research-and study as to tional. (Hill u. Colorado (530 US 703); see Constitu-
what the group's leader, Maskeraid, was actually tional Law, Cruz and Cruz, 2015 Edition, pages 513-
doing. DeepThroat eventually came up with the 515)
conclusion that Maskeraid was a phony who is
just fooling the simple-minded people to part with
XVI
their money in exchange for the promise of eter-
nal happiness in some far-away heaven. This was The overbreadth doctrine posits that the gov-
published in a newspaper which caused much ernment: (1 %)
agitation among the followers of Maskeraid. Some
threatened violence against DeepThroat, while (AJ must know the extent of its power.
some others already started destroying properties
(B) when it exercises too much power it is like
while hurting those selling the newspape_r. The
local authorities, afraid of the public disorder someone with bad breath - it is not healthy to soci-
ety.
that such followers might do, decided to ban the
236 POLITICAL LAW AJ,'D PL73LIC INTERNATIONAL LAW BAR Q & A (2009-2019) 237

(C) can enact laws which can reach outside its relative to its appropriation for records purposes only.
borders, like long-arm statues. (Civil Service Commission v. Department of Budget and
(D) the government is prohibited in ban- Management, G.R. No. 158791, July 22, 2005)
ning unprotected speech if a substantial
amount of protected speech is restrained or XVIII
chilled in the process.
The National Building Code and its imple-
menting rules provide, inter alia, that operators
XVII of shopping centers and malls should provide
Towards the end of the year, the Commission ;: parking and loading spaces, in accordance with a
prescribed ratio. The Solicitor General, heeding
on Audit (COA) sought the remainder· of its ap-
propriation from the Department of Budget and the call of the public for the provision of free
Management (DBM). However, the DBM refused :1 parking spaces in malls, filed a case to compel
'•; said business concerns to discontinue their prac-
because the COA had not yet submitted a report
tice of collecting parking fees. The mall owners
!.
I
on the expenditures relative to the earlier amount
and operators oppose, saying that this is an inva-
released to it. And, pursuant to the "no report, no 1,:,;

lid taking of their property, thus a violation of

release" policy of the DBM, COA is not entitled to
due process. The ·Solicitor General justifies it,
any further releases in the meantime. COA count-
however, claiming that it is a valid exercise of
ers that such a policy contravenes the guaranty of
police power. Could the mall owners and opera-

u
fiscal autonomy granted by the Constitution. Is
tors be validly compelled to provide free parking
COA entitled to receive the rest -of its appropria-
to their customers? (4%)
tions even without complying with the DBM pol-
icy? (4%)

COA is entitled to receive the rest of its appropria-

l;t
ijlf;
No, they may not be so compelled.
A prohibition against mall owners from collecting
tions, the release of which cannot be conditioned on its :~,ti'.:- parking fees from their customers who use their parking
,1,,·i,.
prior compliance with the DBM's "no report, no release
policy." This cannot be made to apply to the COA be-
<; li lots has been considered as a "taking" within the context
of the power of eminent domain, and cannot be justified
cause of its fiscal autonomy which is guaranteed under as a valid exercise of the police power. In totally prohib-
the Constitution. (Article IX-A, Section 5) iting respondents from collecting parking fees from the
This is not to say that the COA, though vested with public for the use of the mall pc:.rking facilities, the State
fiscal autonomy, has no reporting responsibility at all to would be acting beyond the bounds of police power.
the DBM. It is established that constitutional commis- Police power. does not involve the taking or confis-
sions clothed with fiscal autonomy may submit reports cation of property, with the exception of a few cases
238 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW .BAR Q & A (2009-2019) 239

where there is a necessity to confiscate private property government offices,• The results were then pub-
in order to destroy it for the purpose of protecting peace lished by the mass media. Assension, a trial court
and order and of promoting the general welfare; for in- judge, felt particularly offended by the news. He
stance, the confiscation of an illegally possessed article, then issued a show~cause order against Surveys
such as opium and firearms. When there is a taking or Galore directing the survey entity to explain why
confiscation of private property for public use, the State it should not be cited in contempt for coming up
is no longer exercising police power, but another of its with such a survey and publishing the results
inherent powers, namely, eminent domain. which were so unflattering and degrading to the
Although in the present case, title to and/or posses- dignity of the judiciary. Surveys Galore immedi-
sion of the parking facilities remain/s with the mall ately assailed the show-cause order of Judge As-
owners, the prohibition against their collection of park- sension, arguing that it is violative of the consti-
ing fees from the public, for the use of said facilities, is tutional guaranty of freedom of expression. Is
already tantamount to a taking or confiscation of their Surveys Galore's petition meritorious? (4%)
properties. The State is not only requiring that respon-
dents devote a portion of the latter's properties for use Yes, its petition is meritorious.
as parking spaces, but is also mandating that they give Survey results constitute protected speech and
the public access to said parking spaces for free. Such is cannot be subjected to prior restraint or subsequent
already an excessive intrusion into the property rights punishment without a showing of any clear and present
of respondents. Not only are they being deprived of the danger. (Schench u. US, 249 U.S. 97; Social Weather
right to use a portion of their properties as they wish, Station V .. Commission' on Elections, G.R. No. 147671,
they are further prohibited from profiting from its use May 5, 2001)
or even just recovering therefrom the expenses for the
maintenance and operation of the required parking fa- xx
cilities, (Office of the Solicitor General v. Ayala Land,
Inc., G.R. No. 177056, September 18, 2009, 600 SCRA Under the so-called doctrine of qualified po-
617) litical agency, (1 %)

XIX (A) civil servants must first qualify before

they could be appointed to office.
Surveys Galore is an outfit involved in con-
ducting nationwide surveys. In one such survey, it (B) all employees in the government are
merely agents of the people.
asked the people about the degree of trust and
confidence they had in several institutions of the (C) the acts of subordinates presump-
government. When the results came in, the judici- tively of those of the heads of offices disap-
ary was shown to be less trusted than most of the proves them. (sic)
 POLITICAL LAW AND PlTBLIC lNTER.J.'IATIONAL LAW
BARQ &A(2009-20191 241
240

(D) members of the Cabinet must have the fense, NPGC pointed out that the claim had al .
absolute trust and confidence of the President. ready prescribed since, under its Charter, it is
clearly provided that "actions for damages must
XXI be filed within five years after the rights of way,
~"~-.
~! transmission lines, substations, plants or other
~-,:
Constituent power refers to the authority 1:··
facilities shall have been established and that
(1%) after said period, no suit shall be brought to ques-
tion the said rights of way, transmission lines,
(A) of public officials to command respect. substations, plants or other facilities." If you were
the lawyer of Farmerjoe, how would you protect
(B) given to Congress to enact police power
and vindicate the rights of your client? (4%)
measures.
(C) to propose constitutional amend- I would file an action for payment of just compensa-
ments or revisions. tion and contend that the same cannot be considered as
(D) of the people to take back the power en-
·~ prescribed.

i
trusted to those in government. The establishment of the subject transmission lines
constitutes taking in the context of the power of eminent
(E) of the President to call out the armed
domain, for which just compensation must be paid. (Na-
forces to suppress lawless violence.
tional Power Corporation u. Heirs of Sangkay, G.R. No.
XXII ~r
It•
~;
165828, August 24, 2011, 656 SCRA 60; National Power
Corporation u. Court of Appeals, G.R. No. 113194,
t March 11, 1996, 254 SCRA 577; National Power Corpo-
The National Power and Grid Corporation It
>,:
ration u. Santa Lora Vda. De Capin, G.R. No. 175176,
(NPGC), a government entity involved in power October 17, 2008, 569 SCRA 648; Ve1:E?ara u. Melencio,
generation distribution, had its transmission lines G.R. No. 185638, August 10, 2016)
traverse some fields belonging· to Farmerjoe.
NPGC did so without instituting any expropria- The action, which would partake of the nature of an
tion proceedings. Farmerjoe, not knowing any inverse condemnation proceeding (National Power Cor-
better, did not immediately press his claim for poration v. Heirs of Sangkay, G.R. No. 165828, August
payment until after ten yeflrS later when a son of 24, 2011, 656 SCRA 60) or a "reversed eminent domain"
his took up Law and told him that he had a right (National Power Corporation u. Santa Loro Vda. De
to claim compensation. That was then the only Capin, G.R. No. 175176, October 17, 2008, 569 SCRA
time that Farmerjoe earnestly demanded pay- 648), considering the failure of the NPC to institute the
ment. When the NPGC ignored him, he instituted appropriate expropriation proceedings, would clearly be
a case for payment of just compensation. In de- justified or warranted under the circumstances and
242 POLITICAL LAW Al'\'D PcBL!C INTERNATIONAL LAW BAR Q &A(2009-2019) 243

should not be considered as prescribed. (Republic v. l If I were the judge, I would consider the confession
Court of Appeals, G.R. No. 147245, March 31, 2005, 454 1r as inadmissible because he was not, prior to his admis-
SCRA 520)

XXIII

The police got a report about a shooting inci-

I~ sion, properly advised of his so-called Miranda rights.
. .
It bears stressing that, when he was questioned,
Edward was already considered by the police as a sus-
pect, the witnesses who saw the killing having pointed
him out to them. Under said circumstances, the ques-
dent during a town fiesta. One person was killed. tioning done by the police then and there can be consid-
The police immediately went to the scene and
ered as partaking of the nature of a custodial investiga-
started asking the people about what they wit- tion.
nessed. In due time, they were pointed to Edward
Gunman, a security guard, as the possible male- A cu_stodial investigation commences when a person
factor. Edward was then having refreshment in is taken into custody and is singled out as a suspect in
one of the eateries when the police approached the commission of a crime under investigation and the
him. They asked him if he had a gun to which police officers begin to ask questions on the suspect's
question he answered yes. Then they asked if he participation therein and which tend to elicit an admis-
had seen anybody shot in the vicinity just a few sion. (Miranda us. Arizona 384 US 436; People u. Marra,
minutes earlier and this time he said he did not G.R. No. 108494, September 20, 1994, People v. Caoa-
know about it. After a few more questions, one of nada, G.R. No. 221424, July 19, 2017)
the policemen asked Edward if he was the
shooter. He said no, but then the policeman who XXIV
asked him told him that several witnesses pointed
to him as the shooter. Whereupon Edward broke Alienmae is a foreign tourist. She was asked
down and started explaining that it was a matter certain questions in regard to a complaint that
of self-defense. Edward was eventually charged was filed against her by someone who claimed to
with murder. During his trial, the statements he have been defrauded by her. Alienmae answered
made to the police were introduced as evidence all the questions asked, except in regard to some
against him. He objected claiming that they were matters in which she invoked her right against
inadmissible since he was not given his Miranda self-incrimination. When she was pressed to elu-
rights. On the other hand, the prosecution coun- cidate, she said that the questions being asked
tered that there was no need for such rights to be might tend to elicit incriminating answers insofar
given since he was not yet arrested at the time of as her home state is concerned. Could Alienmae
the questioning. If you were the judge, how would invoke the right against self-incrimination if the
you rule on the issue? (4%) fear of incrimination is in regard to her foreign
law? (4%)
244 POLJTICAL LAW AND PUBLJC INTERNATIONAL LAW
BAR Q & A (2009-2019 J
245

Yes, her right against self-incrimination with re- renounced it. There is no showing that Rosebud has
gard to the penal laws in her home state may be invoked done any act or omission which, under said constitu-
by her even if she were abroad, or in another country. tional provision, can lead to her being considered as
This would be consistent with the rule prescribed having renounced her natural-born Philippine citizen-
in the International Covenant on Civil and Political ship status. She therefore remains as a natural-born
Rights which makes said right available to everyone. Philippine citizen.
(Article 14 [3]) It is established though that dual citizens who wish
to run for elective office must renounce their foreign
XXV citizenship prior to or upon filing of their certificates of
candidacy. There is nothing to indicate that she has
Rosebud is a natural-born Filipino woman made such a renunciation. Absent such a renunciation,
who got married to Rockcold, a citizen of State she should be considered as ineligible for election on the
Frozen. By virtue of the laws of Frozen, any per- ground of citizenship, becaus~ it is equally established
son who marries its citizens would automatically that, for purposes of appointment or election to public
be deemed its own citizen. After ten years of mar- office, sole Philippine citizenship is required. (Mercado
riage, Rosebud, who has split her time between v. Manzano, G.R. No. 135083, May 26, 1999; Valles v.
the Philippines and Frozen, decided to run for Commission on Elections, G.R. No. 137000, August 9,
Congress. Her opponent sought her disqualifica- 2000; Cordora u. Commission on Elections, G.R. No.
tion, however, claiming that she is no longer a 176947, February 19, 2009)
natural-born citizen. In any event, she could not
seek elective position since she never renounced [Acceptable Answer: Rosebud is not nccessarily disqualified on
the basis of citizenship.
her foreign citizenship pursuant to the Citizen-
ship Retention and Reacquisition Act (R.A. No. Her marriage to Rockold did not nece5,;ariJy result in her Jos~
of her natural-born Philippine citizenship status, as it is pl'ovided in
9225). Is Rosebud disqualified to run by reason of
Section 4 of Article IV of the Constitution that citizens of the Philip-
citizenship? (4%) pines who marry aliens shall retain their citizenship, unless by their
act or omission they are deemed, under the law, to have renounced
Rosebud, a dual citizen, can be considered as not it. There is no showing that Rosebud has done any act or omission
qualified on the ground of citizenship. which, under said constitutional provision, can lead to her being
considered as having renounced her natural-born Philippine citizen .
Her marriage to Rockold did not necessarily result ship status.
in her loss of her natural-born Philippine citizenship It is significant that she became a dual citizen not by reason of
status, as it is provided in Section 4 of Article IV of the the provisions of:R.A. No. 9225 but because of her marriage to Rock-
Constitution that citizens of the Philippines who marry old which ipso facto made her, under the laws of Frozen, a citizen
aliens shall retain their citizenship, unless by their act thereof. Accordingly, the renunciation of foreign citizenship pres-
cribed under said Jaw for eligibility for elective or appointive office
or omission they are deemed, under the law, to have cannot be made to apply to her.J
246 POLITICAL LAW A.}/D PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 247

XXVI Discuss the constitutionality of the said law,

taking into account the arguments of both par-
The one-year-bar rule in impeachment pro- ties? (4%)
ceedings is to be reckoned from the time the (1 %)
Said law is unconstitutional for being violative of
(A) first impeachment complaint is filed. the principle of separation of powers, constituting as it
(B) impeachment complaint is referred does as an encroachment by the.Congress into the rule-
to the Committee on Justice. making power of the Supreme Court, and as an impair-
ment of its fiscal autonomy. (Re: Petition for Recognition
(C) House of Representatives vote on the im- of the Exemption of the Government Service Insurance
peachment complaint. System (GSISJ for Payment of'Legal Fees, A.M. No. 08-2-
(D) House of Representatives endorses the 01-0, February 11, 2010; see Re: Exemption of' the NPC
Articles of Impeachment to the Senate. from Payment of Filing/ Docket Fees, AM. No. 05-10-20-
SC, March 10, 2010, 615 SCRA 1)
XXVII Fiscal autonomy recognizes the power and author-
ity of the Court to levy, assess and collect fees (Bengzon
Congress enacted a law exempting certain v. Drilon, G.R. No. 103524, 15 April 1992, 208 SCRA
government institutions providing social services 133, 150), including legal fees. The payment of legal fees
from the payment of court fees. Atty. Kristopher under Rule 141 of the Rules of Court is an integral part
Timoteo challenged the constitutionality of the of the rules promulgated by this Court pursuant to its
said law on the ground that -only the Supreme rule-making power under Section 5(5), Article VIII of
Court has the power to fix and exemp't said enti- the Constitution. (Re: Petition for Recognition of the
ties from the payment of court fees. Exemption of the Governme.nt,_ Service Insurance System
Congress, on the other hand, argues that the (GSIS) for Payment of Legal Fees, A.M. No. 08-2-01-0,
February 11, 2010)
law is constitutional as it has the power to enact
said law for it was through legislative fiat that the Any exemption from the payment of legal fees
Judiciary Development Fund (JDF) and the Spe- granted by Congress to government-owned or controlled
cial Allowance for Judges and Justices (SAJJ), the corporations and local government units will necessarily
funding of which are sourced from the fees col- reduce the JDF and the SAJF and impair the Court's
lected by the courts, were created. Thus, Congress guaranteed fiscal autonomy and erode its independence.
further argues that if it can enact a law utilizing Un the Matter of Clcmfication of Exemption fi·om Pa)'-
court fees to fund the JDF and SAJJ, a fortiori it ment of'All Court and Sheriff's Fees, A.M. No. 12-2-03-0.
can enact a law exempting the payment of court March 13, 2012) ·
fees.
 ··v
!'.

248 POLITICAL LAW AND PlJBLIC lNTEfu'JATIONAL LAW BAR Q & A (2009-2019) 249

XXVIII gress, in promulgating the law creating a province simi-

larly consisting of several islands had, in effect, affirmed
From an existing province, Wideland, Con- said provision in the LGC-IRR, as and by way of
gress created a new province, Hundred Isles,_con-
sisting of several islands, with an aggregate area J!~
amendment of the Local Gbvernment Code, which, con-
cededly, did not provide for an exemption of provinces
of 500 square kilometres. The law creating Hun-. comprised of islands from s_aid territory requirement.
dred Isles was duly approved in a plebiscite called.
for that purpose. Juan, a taxpayer and a resident XXIX
of Wideland, assailed the creation Qf Hundred·
Isles claiming that it did not comply with the area Ambassador Gaylor is State Juvenus' diplo-
requirement as set out in the Local Government matic representative to State Hinterlands. During
Code, i.e., an area of at least 2,000 square kilome-• one of his vacations, Ambassador Gaylor decided
tres. The proponents justified the creation, how- to experience for himself the sights and sounds of
ever, pointing out that the Rules and Regulations State Paradise, a country known for its beauty
Implementing the Local Government Code states and other attractions. While in State Paradise,
that "the land area requirement shall not apply Ambassador Gaylor was caught in the company of
where the proposed province is composed of one children under suspicious circumstanceso He was
(1) or more islands." Accordingly, since the new arrested for violation of the strict anti-pedophilia
province consists of several islands, the area re- statute of State Paradise. He claims that he is
quirement need not be satisfied. How tenable is immune from arrest and incarceration by virtue
the position of the proponents? (4%) _ of his diplomatic immunity. Does the claim of
Ambassador Gaylor hold water? (4%)
The contention of the proponents is more tenable.
While Juan may be generally correct in his conten- No.
tion that the subject law did not comply with the re- This claim would be inconsis·tent with Article 31 ( l)
quirement on territory, as specified in the Local Gov- J
.jf of the Vienna Convention of Diplomatic Relations,
ernment Code, the exemption of the Wideland from the which generally provides that a diplomatic agent, such
2,000 square kilometres requirement thereunder, con- as Ambassador Gaylor, shall enjoy immunity from the
sisting as it does of several islands, is nevertheless pro- criminal jurisdiction only of the receiving state. It bears
vided for in the LGC-IRR, which has been acknowledged emphasis that he is Juvenus' diplomatic representative
by the Supreme Court as amounting to "both executive to State Hinterlands, which is to be considered as his
and legislative construction of the LGC." receiving state, and not State Paradise, where he was,
Thus, in the case of Navarro v. Ermita (G.R. No. when arrested, present as a mere-tourist.
180050, April 12, 2011), the Court ruled that the Con-
250 POLITICAL LAW AJ'\'1) Prnuc ll\TERNATIO:\'AL LAW BAR Q & A (2009-20191 251

It is significant that he cannot claim diplomatic clear, concise and cogent arguments in support of
immunity in State Paradise, where he was arrested, his position based on the present Constitution
also because he was there only as a tourist, and was not and the decisions of the Supreme Court on judi-
there because he was passing through to take up or cial independence and fiscal autonomy? (4%)
return to his diplomatic post, or to return to his country.
If either of these were the case, then he would have I would assail the provisions of the subject law au-
been entitled to diplomatic immunity under the provi- thorizing the Board to prescribe minimum standards for
sions of Article 40 (1) of the Vienna Convention of Dip- law admission and minimum qualifications of faculty
lomatic Relations. members, the basic curricula for the course of study
aligned to the requirements for admission to the Bar,
XXX law practice and social consciousness on the ground of
academic freedom, guaranteed under the provisions of
Congress passed a law, R.A. No. 15005, creat- Article XIV, Section 5 (2) of the Constitution, which
ing an administrative Board principally tasked consists of four essential freedoms to determine for itself
with the supervision and regulation of legal edu- on academic grounds: (1) who may teach; (2) what may
cation. The Board was attached to the Depart- be taught; (3) how it shall be taught; and (4) who may be
ment of Education. It was empowered, among admitted to study. (Camacho vs. Corresis, G.R. No.
others, to prescribe minimum standards for law 103142, November 8, 1993, 227 SCRA 591)
admission· and minimum qualifications of faculty The authority giveri to the Board to establish a_ law
members, the basic curricula for the course of practice internship as a requirement for taking the Bar
study aligned to the requirements for admission which a law student shall undergo anytime during the
to the Bar, law practice and social consciousness, law course and to adopt a system of continuii1g legal
as well as to establish a law practice internship as education for lawyers, or those who have already been
a requirement for taking the Bar which a law stu- admitted to the practice of law, can be considered as an
dent shall undergo anytime during the law encroachment of the· rule-making power of the Supreme
course, and to adopt a system of continuing legal Court under Article VII, Section 5 (5) of the Constitu-
education. Professor Boombastick, a long-time tion, under which, it has the sole authority to promul-
law practitioner and lecturer in several prestig- gate rules concerning the practice of law. (Pimentel v.
ious law schools, assails the constitutionality of Executive Secretary and Legal Education Board, G.R.
the law arguing that it encroached on the pre- No. 230642, September 10, 2019)
rogatives of the Supreme Court to promulgate
rules relative to admission to the practice of law,
the Integrated Bar, and legal assistance to the
underprivileged. If you were Professor Boombas-
tick's understudy, how may you help him develop
252 POLITICAL LAW AND F'u'BLIC INTERNATIOJ\"AL LAW BAR Q & A (2009-2019) 263

2015 !•I·
provisions of Section 21 of Article VII of the Constitu-
!~i tion. (Bayan Mww u. Ronwlo, G.R No. 159618, Febru-
ary 1, 2011, 641 SCRA 244)
I r!
The second Executive Agreement which allows the
The Philippines and the Republic of Kroi Sha Republic of Kroi Sha to bring to the Philippines its mili-
established diplomatic relations and immediately tary complement, warships, and armaments from time
their respective Presidents signed the following: to time should be considered as subject to the provisions
(1) Executive Agreement allowing the Republic of of Section 25 of Article XVIII of the Constitution, which
Kroi Sha to establish its embassy and consular requiires that "foreign bases, troops or facilities shall
offices within Metro Manila; and (2). Executive not be allowed in the Philippines except under a treaty
Agreement allowing the Republic of Kroi Sha to duly concurred in by the Senate and, when the Congress
bring to the Philippines its military complement, so requires, ratified by a majority of the votes cast by
warships, and armaments from time to time for a the people in a national referendum held for that pur-
period not exceeding one month for the purpose pose, and recognized as a treaty by the other contracting
of training exercises with the Philippine military state." (Saguisag u. Executive Secretary, G.R. No.
forces and exempting from Philippine criminal 212426, January 12, 2016)
jurisdiction acts committed in the line of duty by. It should be noted that, under the Constitution, the
foreign military personnel, and from paying cus- Senate merely provides its concurrence to, and does not
tom duties on all the goods brought by said for- ratify, treaties. It is the President who ratifies treaties.
eign forces into Philippine territory in connection (Pimentel v. Executive Secretary, G.R. No. 15808, ,July
with the holding of the activities -authorized un- 16, 2008, 462 SCR:A 622)
der the said Executive Agreement.
Senator Maagap questioned the constitution- II
ality of the said Executive Agreements and de-
manded that the Executive Agreements be sub- (1) A bill was introduced in the House of
mitted to the Senate for ratification pursuant to Representatives in order to implement faithfully
the Philippine Constitution. Is Senator Maagap the provisions of the United Nations Convention
correct? Explain. (4%) on the Law of the Sea (UNCLOS) to which the
Philippines is a signatory .. Congressman Pat Rio
Only the first Executive Agreement regarding the Tek questioned the constitutionality of the bill on
establishment of the embassy of Kroi Sha need not be the ground that the provisions of UNCLOS are
submitted to the Senate for its concurrence, following violative of the provisions of the Constitution de-
the general rule that Executive Agreements need not be fining the Philippine internal waters and territo-
submitted to the Senate for its concurrence, under the
254 POlJTICAL LAW Ai'm PuBLIC INTERNATIONAL LAW B:\RQ & A(2009-2019) 255

rial sea. Do you agree or not with the said objec- torial sea is concerned, the Coastal State exercises sovereignty,
subject to the UNCLOS and other rules of international law. Such
tion? Explain. (3%) sovereignty extends to the ai'r space over the territorial sea as well
as to its bed and subsoil." (Arigo u. Swift, G.R. No. 206510, Septem-
I do not agree. ber 16, 2014)]
UNCLOS does not define the internal and territo-
(2) Describe the following maritime regimes
rial waters of states but merely "prescribes the water-
under UNCLOS (4%)
land ratio, length, and contour of baselines of archi-
pelagic States like the Philippines."
(a) Territorial sea
UNCLOS has nothing to do with the acquisition (or
loss) of territory. It is a multilateral treaty regulating, Under the L"NCLOS, every State has the right to
among others, sea-use rights over maritime zones, i.e., establish the breadth of its territorial sea up to a limit
the territorial waters (12 nautical miles from the base- not exceeding 12 nautical miles, measured from ba::;e-
lines), contiguous zone (24 nautical miles from the base- lines determined in accordance with this Convention.
lines), exclusive economic zone (200 nautical miles from (Article 3) The outer limit of the territorial sea i::; the
the baselines), and continental shelves that UNCLOS line every point of which is at a distance from the near-
III delimits. (Magallona u. Ermita, G.R No. 187167, est point of the baseline equal to the breadth of the ter-
August 16, 2011, 655 SCRA 476) ritorial sea. (Article 4)
.
·.,

[Note: "UNCLOS III and its ancillary baselines laws play no ~~ (b) Contiguous zone
role in the acquisition, enlargement or, as petitioners claim, diminu-
tion of territory. Under traditional international law typology, States
acquire (or conversely, lose) territory through occupation, accretion,
Under Article 33 of the UNCLOS, the contiguous
cession and prescription, not by executing multilateral treaties on zone of a state may not extend beyond 24 nautical miles
the regulations of sea-use rights or enacting statutes to comply with from the baselines from which the breadth of the terri-
the treaty's terms to delimit maritime zones and continental shelves. torial sea is measured. The coastal state may, within
Territorial claims to land features are outside UNCLOS III, and are said zone, exercise the control necessary to prevent in-
instead governed by the rules on general international law." (Ma.gal-
lona v. Ermita, G.R. No. 187167, August 16, 2011, 655 SCRA 476) fringement of its customs, fiscal, immigration or s,rni-
tary laws, rules or regulations within its territory or
"The UNCLOS is a product of international negotiation that
seeks to balance State sovereignty (mare clausum.) and the principle territorial sea, and punish infringement of said laws
of freedom of the high seas (mare liberum). The freedom to use the and regulations committed within its territory or terri-
world's marine waters is one of the oldest customary principles of torial sea.
international law. The UNCLOS gives to the coastal State sovereign
rights in varying degrees over the different zones of the sea which (c) Exclusive economic zone
are: 1) internal waters, 2) territorial sea, 3) contiguous zone, 4) ex-
clusive economic zone, and 5) the high seas. It also gives coastal
States more or less jurisdiction over foreign vessels depending on Under Article 57 of the UNCLOS, the exclusive
where the vessel is located. Insofar as the internal waters and terri- economic zone of a state, over which it may assert exclu-
256 POLJTICAL LAW AND PUB!,IC IN1'ERNATIONAL LAW BAR Q & A 12009-20191 '2:57

sive jurisdiction and ownership over all living and non- [Note: It is submitted though that he may nevertheless not be
living resources found therein, shall not extend beyond allowed to accept the position of Executive Assistant of thE' Court of
Appeals during his incumbency as a regular employee of the Univer-
200 nautical miles from the baselines from which the
sity of the Philippines, as the former vvould be an incompatible office
breadth of the territorial sea is measured. not allowed to be concurrently held by him under the provisions of
Article IX-B, Section 7 of the Constitution, the second paragraph of
(d) Continental shelf which specifies that "unless otherwise allowed by law or by the
primary functions of his position, no appointive official shall hold
The continental shelf ·of states comprises the sea- any other office in the Government."]
bed and subsoil of the submarine areas that extend be-
yond its territorial sea throughout the natural prolonga- IV.
tion of its land territory to the outer edge of the conti-
nental margin, or to a distance of 200 nautical miles When is a facial challenge to the constitution-
from the baselines from which the breadth of the terri- ality of a law on the ground of violation of the Bill
torial sea is measured where the outer edge of the con- of Rights, traditionally allowed? Explain your an-
tinental margin does not extend up to that distance. swer. (3%)
(UNCLOS III, Article 77)
A facial challenge is allowed to assail the validity of
statutes concerning not only protected speech, but also
III
I~
all other rights covered thereunder, including religious
Professor Masipag who holds a plantilla or freedom, freedom of the press, and the right of the peo-
regular item in the University of the Philippines ple to peaceably assemble, and to petition the Govern-
(UP) is appointed as an Executive Assistant in the ment for a redress of grievances. Urnbong u. Ochoa, G.R.
No. 204819, April 8, 2014, 721 SCRA 1461
Court of Appeals (CA). The professor is consid-
ered only on leave of absence in UP while he re-
ports for work at the CA which shall pay him the V
salary of the Executive Assistant. The appoint-
ment to the CA position was questioned, but Pro- BD Telecommunications, Inc. (BDTI), a Fili-
fessor Masipag countered that he will not collect pino-owned corporation, sold its 1,000 common
the salary for both positions; hence, he cannot be shares of stock in the Philippine Telecommunica-
accused of receiving double compensation. Is the tions Company (PTC), a public utility, to Austra-
argument of the professor valid? Explain. (4%) lian Telecommunications (AT), another stock-
holder of the PTC which also owns 1,000 common
Professor Masipag is correct in saying that "he shares. A Filipino stockholder of PTC questions
cannot be accused of receiving double compensation" as the sale on the ground that it will increase the
he would not actually be receiving additional or double common shares of AT, a foreign company, to more
compensation. than 40% of the capital (stock) of PTC in violation
258 POLITJCAL LAvV A,'\"'.[) Plmuc INTERNATIONAL LAW BAR Q & A (2009-2019) 259

of the 40% limitation of foreign ownership of a cent of the outstanding capital stock must rest in the
public utility. AT argues that the sale does not hands of Filipino nationals in accordance with the cons-
violate the 60-40 ownership requirement in favor titutional mandate. Otherwise, the corporation is "con-
of Filipino citizens decreed in Section 11, Article sidered as non-Philippine national [sl ." To construe
XII of the 1987 Constitution because Filipinos still broadly the term "capital" as the total outstanding capi-
own 70% of the capital of the PTC. AT points to tal stock, including both common and non-1,•oting pre-
the fact that it owns only 2,000 common voting ferred shares, grossly contravenes the intent and letter
shares and 1,000 non-voting preferred shares of the Constitution that the "State shall develop a self-
while Filipino stockholders own 1,000 common reliant and independent national economy effectively
shares and 6,000 preferred shares, therefore, Fili- controlled by Filipinos." A broad definition unjustifiably
pino stockholders still own a majority of the out- disregards who owns the all-important voting stock.
standing capital stock of the corporation, and which necessarily equates to control of the public utility.
both classes of shares have a par value of (Gamboa u. Finance Secretary, G.R. No. 176579, June
Php20.00 per share. Decide. (5%) 28, 2011)
Thus, although Filipino stockholders may be re-
It is submitted that the equity structure in PTC af- corded as owning 70% of PTC, though with only 1,000
ter the sale by BDTI of 1,000 of its common (voting) common voting shares, the fact remains that the corpo-
shares in favor of AT, an Australian corporation, can be ration would be actually "controlled" by AT, by reason of
considered as violative of the 60-40 ownership require- its greater p.umber of common or voting shares, i.e.,
ment in favor of Filipino citizens decreed in Section 11, 2,000 common voting shares.
Article XII of the 1987 Constitution._ _
Applying the control test, which is the prevailing
The rule is that the term "capital" in Section 11, mode of determining whether or not a corporation is
Article XII of the Constitution refers only to shares of Filipino, and which prescribes that shares belonging to
stock entitled to vote in the election of directors, and corporations or partnerships at least 60% of the capital
thus in the present case only to common shares, and not of which is owned by Filipino' citizens shall be consid-
to the total outstanding capital stock comprising both ered as of Philippine nationality, it becomes clear that
common and non-voting preferred shares. (Gamboa u. AT, an Australian corporation, controls PTC. (Narra
Finance Secretary, G.R. No. 176579, June 28, 2011) Nickel Mining and Development, Corp. u. Redmont Con-
Moreover, it is likewise established that mere legal solidated Mines, Corp., G.R. No. 195580, April 21, 2014;
title is insufficient to meet the 60 percent Filipino- Querubin u. Conimission on Elections, G.H. No. 218787.
owned "capital" required in the Constitution. Full bene- December 8, 2015)
ficial ownership of 60 percent of the outstanding capital
stock, coupled with 60 percent of the voting rights, is
required. The legal and beneficial ownership of 60 per- ~,
l'?[, ~.;
260 POLITICAL LAW AND P·.JBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 261

VI Article VI, and Section 17 of Article XII, both of which

authorize the statutory delegation of emergency powers
(1) Distinguish the President's authority to in favor of the President, he is limited to the exercise of
declare a state of rebellion from the authority to his calling-out power under Section 18 of Article VII of
proclaim a state of national emergency. (2%) the Constitution, and may not exercise emergency pow-
ers. (David v. Arroyo, G.R. No. 171396, May 3, 2006)
While both the power to declare a state of rebellion
and the power to proclaim a state of national emergency (2) What are the limitations, if any, to the
may be justified under the President's general Ordi- pardoning power of the President? (3%)
nance Powers under the provisions of the Administra-
tive Code (Chapter 2, Book III of Executive Order No. The 1987 Constitution, specifically Section 19 of
292, Administrative Code of 1987), the power to declare Article VII and Section 5 of Article IX-C, provides that
a state of rebellion springs from the President's so-called the President of the Philippines possesses the power to
"calling out power" under Section 18 of Article VII of the grant pardons, along with other acts of executive clem-
Constitution, which provic:es that "whenever it becomes ency, to wit:
necessary, he may call out such armed forces to prevent
or suppress lawless violence, invasion or rebellion," Section 19. Except in cases of impeach-
(Sanlakas v. Executive Secretary, G.R. No. 159085, Feb- ment, or as otherwise provided in this Consti-
ruary 3, 2004, 421 SCRA 656), while the power to pro- tution, the President may grant reprieves,
claim a state of national emergency_ can be said to be commutations, and pardons, and remit fines
based primarily on his duty to enforce the laws as well and forfeitures, after conviction by final judg-
as to formulate policies to be embodied in existing laws, ment.
consistent with the provisions of Section 17 of Article He shall also have the power to grant am-
VII of the Constitution. nesty with the concurrence of a majority of all
Under said provision, the President "sees to it that the Members of the Congress. (Article VIIl
all laws are enforced by the officials and employees of Section 5. No pardon, amnesty, parole,
his department." Moreover, "in the exercise of such or suspension of sentence for violation of elec-
function, the President, if needed, may employ the pow- tion laws, rules, and regulations shall be
ers attached to his office as the Commander-in-Chief of granted by the President without the favorable
all the armed forces of the country, including the Phil- recommendation of the Commission. (Article
ippine National Police under the Department oflnterior IX-C)
and Local Government." (David v. Arroyo, G.R. No.
171396, May 3, 2006) "It is apparent from the foregoing constitutional
It must be noted though, that without a law prom- provisions that the only instances in which the Presi-
ulgated pursuant to the provisions of Section 23 (2) of dent may not extend p~rdon•. remain to be in: (1) im-
262 POLITICAL LAW AND PCBLIC INTERNATIONAL LAW BAR Q & A t2009-20191 263

peachment cases; (2) cases that have not yet resulted in The Senator's contention is untenable. He can be
a final conviction; and (3) cases involving violations of validly preventively suspended under the Plunder Law.
election laws, rules and regulations in which there was
The power of each House of Congress to "punish its
no favorable recommendation coming from the COME-
Members for disorderly behavior," and "suspend or expel
LEC." (Risos-Vidal u. COMELEC, G.R. No. 206666,
a Member" by a vote of two-thirds of all its Members
January 21, 2015)
subject to the qualification that the penalty of suspen-
It may be added that pardons may not be extended sion, when imposed, should not exceed sixty days" under
to a person convicted of legislative contempt, as this Section 16 (3), Article VI of the Constitution is "distinct"
would violate the doctrine of separation of powers, or of from the suspension under the Plunder Law, "which is
civil contempt since this would involve the benefit not of not a penalty but a preliminary, preventive measure,
the State itself but of the private litigant whose rights prescinding from the fact that the latter is not being
have been violated by the contemner. Pardon cannot imposed on petitioner for misbehavior as a Member of
also be extended for purposes of absolving the pardonee the House of Representatives." (Cef'erino Paredes, Jr. L'S.
of civil liability, including judicial costs, since, again, the Sandiganbayan, et al., G.R. No. 118364, August 8, 1995,
interest that is remitted does not belong to the State but cited in Santiago u. Sandiganbayan, G.R. No. 128055,
to the private litigant. (Philippine Political Law, Cruz April 18, 2001)
and Cruz, 2014 Edition, page 445)
VIII
VII
A law provides that the Secretaries of the De-
Senator Fleur De Lis is charged with plunder partments of Finance and Trade and Industry, the
before the Sandiganbayan. After finding the exis- Governor of the Central Bank, the Director Gen-
tence of probable cause, the court issues a war- eral of the National Economic Development Au-
rant for the Senator's arrest. The prosecution files thority, and the Chairperson of the Philippine
a motion to suspend the Senator relying on Sec- j Overseas Construction Board shall sit as ex-
tion 5 of the Plunder Law. According to the prose- 1
::1·'
officio members of the Board of Directors (BOD)
cution, the suspension should last until the ter- of a government owned and controlled corpora-
mination of the case. Senator Lis vigorously op- tion (GOCC). The other four (4) members shall
poses the motion contending that only the Senate come from the private sector. The BOD issues a
can discipline its members; and that to allow his resolution to implement a new organizational
suspension by the Court would violate the princi- structure, staffing pattern, a position classifica-
ple of separation of powers. Is Senator Lis's con- tion system, and a new set of qualification stan-
tention tenable? Explain. (4%) dards. After the implementation of the Resolu-
tion, Atty. Dipasupil questioned the legality of the
Resolution alleging that the BOD has no authority
 POLITICAL LAW AND PlJBLJC INTERNATIONAL L.A,."W BAR Q & A (2009-2019) 265
264

to do so. The BOD claims otherwise arguing that IX

the doctrine of qualified political agency applies
to the case. It contends that since its agency is Several senior officers of the Armed Forces of
attached to the Department of Finance, whose the Philippines received invitations from the
head, the Secretary of Finance, is an alter ego of Chairperson of the Senate Committees on ~a-
the President, the BOD's acts were also the acts of tional Defense and Security for them to appear as
the President. Is the invocation of the doctrine by resource persons in scheduled public hearings
the BOD proper? Explain. (4%) regarding a wide range of subjects. The invita-
tions state that these public hearings were trig-
The invocation by the Board of Directors of the doc- gered by the privilege speeches of the Senators
trine of qualified political agency is not proper. that there was massive electoral fraud during the
The doctrine of qualified political agency essen- last national elections. The invitees Brigadier
tially postulates that the heads of the various executive General Matapang and Lieutenant Coronel
departments are the alter egos of the President, and, Makatuwiran, who were among those tasked to
thus, the actions taken by such heads in the perform- maintain peace and order during the'last election,
ance of their official duties are deemed the acts of the refused to attend because of an Executive Order
President unless the President himself should disap- banning all public officials enumerated in para-
prove such acts.
:,":
graph 3 thereof from appearing ~efore either
It should be noted though that the Cabinet mem-
bers sat on the Board of Directors ex officio, or by reason
t
i}j
house· of Congress without prior approval of the
President to ensure adherence to the rule of ex-
ecutive privilege. Among those included in the
of their office or function, not because of their direct fl~-:- enumeration are "senior officials of executive de-
appointment to the Board by the President. Evidently, it
partments who, in the judgment of the depart-
was the law, not the President, that sat them in the
ment heads, are covered by executive privilege."
Board.
Several individuals and groups challenge the cons-
Under the circumstances, when the members of the titutionality of the subject executive order be-
Board of Directors effected the assailed reorganization, cause it frustrates the power of the Congress to
they were acting as members of the Board of Directors conduct inquiries in aid of legislation under Sec-
constituted pursuant to the law, not as the alter egos of l~
I;;
tion 21, Article VI of the 1987 Constitution. Decide
the President. (Trade and Investment Development Cor- the case. (5%)
poration of the Philippines v. Manalang-Demigillo, G.R.
No. 185571, March 5, 2013; Manalang-Demigillo v. The subject Executive Order is unconstitutional.
Trade and Investm:ent Development Corporation of the '~!11
% Paragraph 3 of said Executive Order virtually pro-
Philippines, G.R. No. 168613, March 5, 2013)
vides that, once the head of office determines that a
,,I
~r
266 POLITICAL LAW AND PUBLIC lNTER.!'JATIONAL LAW BAR Q & A (2009-2019) 267

certain information is privileged, such determination is reasonable and arbitrary and a patent nullity be-
presumed to bear the President's authority and has the cause it violates the non-impairment clause under
effect of prohibiting the official from appearing before the Bill of Rights of the 1987 Constitution. ABC
Congress, subject only to the express pronouncement of Corporation goes to court seeking the nullifica-
the President that it is allowing the appearance of such tion of the subject circular. The DENR moves to
official. These provisions thus allow the President to dismiss the case .on the ground that ABC Corpora-
authorize claims of privilege by mere silence. tion has failed to exhaust ~dministrative remedies
Such presumptive authorization, however, is con- which is fatal to its cause of action. If you were
trary to the exceptional nature of the privilege, which is the judge, will you grant the motion? Explain.
(4%)
recognized with respect tc• information the confidential
nature of which is crucial to the fulfillment of the :i'
It I will not grant the motion.
unique role and responsibilities of the executive branch, rt~
or in those instances where exemption from disclosure is ¥ The subject Memorandum Circular No. 123-15 was
necessary to the discharge of highly important executive
responsibilities. The doctrine of executive privilege is
i issued by the Department of Environment and Natural
Resources in its quasi-legislative or regulatory capacity,
thus premised on the fact that certain information and not pursuant its quasi-judicial competence. Accord-
must, as a matter of necessity, be kept confidential in ingly, the doctrine of exhaustion of adm:inistrative
pursuit of the public intE-rest. The privilege being, by
;;w remedies may not be invoked for purposes of dismissing
definition, an exemption from the obligation to disclose
~i the constitut~onal challenge. (See Monetw)· Board t.
Philippine Veterans Ban!?, G.R. No. 189571, January 21,
information, in this case to Congress, the necessity must
be of such high degree as to outweigh the public interest
in enforcing that obligation in a particular case. (Senate
:~~·. 2015; see also Securities and Exchange Commission c.
Universal Rightfield Property Holding, Inc., G.R. No.
u. Ermita, G.R. No. 169777, April 20, 2006, 488 SCRA 1) 181381, July 20, 2015)
. Moreover, the issue involves merely a question of
X law, as the contention is that the subject regulation
violates the non-impairment clause. "Said question at
The Secretary of the Department of Environ- best could be resolved only tentatively by the adminis-
ment and Natural Resources (DENR) issued trative authorities. The final decision on the matter
Memorandum Circular No. 123-15 prescribing the rests not with them but with the courts of justice. Ex-
administrative requirements for the conversion of haustion of administrative remedies does not apply,
a timber license agreement (TLA) into an Inte- because nothing of an administrative nature is to be or
grated Forestry Management Agreement (IFMA). can be done." (United Overseas Bank of' the Philippines
ABC Corporation, a holder of a TLA which is u. The Board of Commissioners-BLURB, No. 182133,
about to expire, claims that the conditions for Ju11e 23, 2015)
conversion imposed by the said circular are un-
 POLITICAL LAW AND Plrnuc lNTERl'IATIONAL LAW BAR Q & A (2009-2019) 269
268

XI principle" (Mendoza u. People, G.R. No. 183891, October

19, 2011, 659 SCRA 681), or the principle of separation
(1) What is the concept of expanded judicial of powers.
review under the 1987 Constitution? (3%)
I:
1w;
It is· to be noted in this connection that the rules
that the Supreme Court may promulgate under Section

l
The concept of "expanded judicial power" is speci-
5 (5) of lvticle VIII of the Coristitution "shall not dimin-
fied in the second paragraph of Section 1 of Article VIII
ish, increase, or modify substantive rights."
of the Constitution where it is provided that judicial
power includes the duty "to determine whether or not
there has been a grave abuse of discretion amounting to
XII
lack or excess of jurisdiction on the part of any branch
. Discuss the evolution of the principle of jus
or instrumentality of the Government."..
sanguinis as basis of Filipino citizenship under
(2) Differentiate the rule-making power or the 1935, 1973, and 1987 Constitutions. (3%)
the power of the Supreme Court to promulgate
It was under the 1935 Constitution that reference
rules under Section 5, Article VIII of the 1987
was first made to parentage, or the principle ofjus san-
Constitution and judicial legislation. (2%)
guinis, as a mode of determi,ning citizenship in our ju-
risdiction.
The rule-making power of the Supreme Court is
based on Section 5 (5) of Article VIII of the Constitution, Thus, under said Constitution, those whose fathers
which confers upon it the authority to "promulgate rules are citizens of the Philippines (Article 4, Section 3) and
concerning the protection and enforcement of constitu- those whose mothers are citizens of the Philippines and,
tional rights, pleading, practice, and procedure in all upon reaching the age of majority, elect Philippine citi-
courts, the admission to the practice of law, the inte- zenship (Article IV, Section 4) are, under the jus scm-
grated bar, and legal assistance to the under-privileged. guinis principle, which confers citizenship upon a per-
Such rules shall provide a simplified and inexpensive son on the basis of blood relations, considered natural-
procedure for the speedy disposition of cases, shal1 be born citizens of the Philippines.
uniform for all courts of the same grade, and shall not
Thereafter, Section 2 of Article III of the 1973 Cons-
diminish, increase, or modify substantive rights. Rules
titution provided that those whose fathers and mothers
of procedure of special courts and quasi-judicial bodies
are citizens of the Philippine shall be considered as
shall remain effective unless. disapproved by the Su-
natural-born Filipino citizens, or citizens of the Philip-
preme Court."
pines from birth without having to perform any act to
This power would not entitle it to engage in judicial acquire or perfect his Philippine citizenship. (Article III,
legislation, which would essentially allow it to "amend" Section 4, 1973)
laws, as thi.s would be "abjured by the trias pol.itica
270 POLITICAL LAW A1'® PUBLIC lNTER.1\'ATJONAL LAW BAR Q & A (2009-2019) 271

Under Section 1 (2) of the 1987 Constitution, it is thereafter promulgated Resolution No. 2170 im-
provided that those whose fathers or mothers are citi- plementing R.A. No. 1234.
zens of the Philippines shall be considered as natural-.
Piolo Cruz as.sails the COMELEC Resolution
born citizens of the Philippines, following the jus san-
guinis principle. · as unconstitutional. According to him, R.A. No.
1234 cannot be implemented without conducting
In turn, Section 1 (3), in relation to Section 2, of the a plebiscite because the apportionment under the
same Constitution, provides that those born before law falls within the meaning of creation, division,
January 17, 1973, of Filipino mothers, who elect Philip- merger, abolition or substantial alteration of
pine citizenship upon reaching the age of majority, shall boundaries of cities under Section 10, Article X of
be likewise be deemed natural-born citizens, also follow- the 1987 Constitution. Is the claim correct? Ex-
ing the jus sanguinis principle. It is similarly provided plain. (4%)
in Section 2 thereof that natural-born citizens are those
who are citizens of the Philippines from birth without The claim of Piolo Cruz that RA. No. 1234 is incor-
having to perform any act to acquire or perfect their a
rect. There is no need for plebiscite prior to the im-
Philippine citizenship. (See David v. Senate Electoral plementation of RA No. 1234.
Tribunal. G.R. No. 221538, September 20, 2016)
The division of the lone district of the City of Pan-
garap did not involve any change in its existing terri-
XIII tory. "(W)here no new territory or no change in an exist-
ing territory is made under a law, and only a reappor-
On August 15, 2015, Congresswoman Dina Ta- tionment or the creation of an additional legislative
talo filed and sponsored House Biil No. 5432, enti- district is done, no such plebiscite Vv"ould be necessary."
tled "An Act Providing for the Apportionment of (Bagabuyo v. COMELEC, G.R. No. 1 76970, December 8,
the Lone District of the City of Pangarap." The 2008, 573 SCRA 290)
bill eventually became a law, R.A. No. 1234. It
mandated that the lone legislative district of the XIV
City of Pangarap would now consist of two (2)
districts. For the 2016 elections, the voters of the Congress enacted R.A. No. 14344 creating the
City of Pangarap would be classified as belonging City of Masuwerte which took effect on Septem-
to either the first or second district, depending on ber 25, 2014. Section 23 of the law specifically ex-
their place of residence. The constituents of each empts the City of Masuwerte from the payment of
district would elect their own representative to legal fees in the cases that it would file and/or
Congress as well as eight (8) members of the prosecute in the courts of law. In two (2) cases
Sangguniang Panglungsod. R.A. No. 1234 appor- that it filed, the City of Masuw erte was assessed
tioned the City's barangays. The COMELEC legal fees by the clerk of court pursuant to Rule
 POLITICAL LAW ANTI PlJBLIC INTER:.'lATIONAL LAW BAR Q & A (2009-2019) 273
272

141 (Legal Fees) of the Rules of Court. The City of 2011 to end on June 2, 2018. Subsequently, the
Masuwerte questions the assessment claiming President appointed Ms. Marikit as the third
that it is exempt from paying legal fees under Sec- member of the COMELEC for a term of seven (7)
tion 23 of its charter. Is the claim of exemption years starting June 2, 2014 until June 2, 2021. On
tenable? Explain. (4%) June 2, 2015, Chairperson Ty retired optionally
after having served the government for thirty (30)
The claim of exemption from legal fees is unten- years. The President then appointed Commis-
able. sioner Marikit as COMELEC Chairperson. The
Commission on Appointments confirmed her ap-
The payment of legal fees is a vital component of pointment. The appointment papers expressly
the rules promulgated by the Supreme Court concern- indicate that Marikit will serve as COMELEC
ing pleading, practice and procedure. It cannot be val- Chairperson "until the expiration of the original
idly annulled, changed or modified by Congress. To al- lt.- term of her office asi COMELEC Commissioner or
low the Congress to do so would be to permit its en- 1( on June 2, 2021." Matalino, a tax payer, files ape-
croachment upon the exclusive rule-making authority of tition for certiorari before the Supreme Court
the Supreme Court as well as to impair its fiscal auton- asserting that the appointment of Marikit as
omy and judicial independence. (Re: Petition for Recog- COMELEC Chairperson is unconstitutional for
nition of the Exemption. of the Government Service the following reasons: (1) The appointment of Ma-
"\:)~:.
Insurance System (GSJS) for Payment of Legal Fees, rikit as COMELEC Chairperson ·constituted a re-
A.M. No. 08-2-01-0, Febr-..1ary 11, 2010, 612 SCRA 193; appointment which is proscribed by Section 1 (2),
see also In Re: Exemptio1:. of the National Power Corpo- Article IX of the 1987 Constitution; and (2) the
ration from Payment of Filing I Docket Fees, A.M. No. 05-
10-20-SC, March 10, 2010; In the Matter of Clarification
Iir term of office expressly stated in the appointment
It
papers of Marikit likewise contravenes the afore-
of Exemption from Payment of All Court and Sheriffs 'l
If~ mentioned constitutional provision. Will the con-
Fees, A.M. No. 12-2-03-C, March 13, 2012; Emnace v.
stitutional challenge succeed? Explain. (4%)
Court of Appeals, 422 Phil. 10, 22, cited in Bank of
Commerce v. Planters Development Bank, G.R. Nos.
It is submitted that the constitutiona} challenge
154470-71, September 24, 2012)
will succeed. Commissioner Marikit's promotional ap-
pointment is unconstitutional.
xv
The rule is that, while a "reappointment" found in
The President appointed Dexter I. Ty as Sec. 1(2), Art. IX (D) means a movement to one and the
Chairperson of the COMELEC on June 14, 2011 same office (Commissioner to Commissioner or Chair-
for a term of seven (7) years pursuant to the 19_87 man to Chairman), an appointment involving a move-
Constitution. His term of office started on June 2, ment to a different position or office (Commissioner to
 -l(
1r
I
1

*'
POLITICAL LAW AND PlJBLIC INTERNATIO:---AL LAW BAR Q & A i.2009-2019> 275
274

Chairman) would constitute a new appointment and, ;I:::

'j '.i-
XVI
·7: i:.
hence, not, in the strict legal sense, a reappointment ·)[ ,:,
.:.f:.~i: (1) Gandang Bai filed her certificate of can-
barred under the Constitution.
'~ f': didacy (COC) for municipal mayor stating that
Accordingly, the promotion of Commissioner Ma- she is eligible to run for the said position. Pasyo
rikit to the position of Chairman of the COMELEC to Maagap, who also filed his COC for the same posi-
replace Chairman Ty would appear to be not covered tion, filed a petition to deny due course or cancel
under said prohibition against reappointments in the Bai's COC under Section 78 of the Omnibus Elec-
Constitutional Commissions. -ti f tion Code for material misrepresentation as be-
Moreover, consistent with jurisprudence on the
matter, it would seem that said promotional appoint-
H
,J
fore Bai filed her COC, she had already been con-
victed of a crime involving moral turpitude.
ment may be considered valid by reason of the fact that \1-~- ~
Hence, she is disqualified perpetually from hold-
ing any public office or from being elected to any
the vacancy in Chairman Ty's office arose from his early
retirement or resignation, and not the expiration of his i
-~ff
public office. Before the election, the COMELEC
cancelled Bai' s COC but her motion for reconsid-
term.
eration (MR) remained pending even after the
However, considering that such promotional ap-
pointments to vacancies resulting from certain causes i fu
election. Bai · garner~d the highest number of
votes followed by Pasyo Maagap, who took his
(death, resignation, disability or impeachment) are re- .-:; oath as Acting Mayor. Thereafter, the COMELEC
quired to only be for the unexpired portion of the term of :~ denied Bai's MR and declared her disqualified for
the predecessor, and considering that, under the terms running for Mayor. P. Maagap asked the Depart-
of his promotional appointment, Commissioner Marikit ment of Interior and Local Government Secretary
would be allowed to serve as Chairman of the COME- to be allowed to take his oath as permanent mu-
LEC beyond the expiration of the original term of Chair-
man Ty in 2018 (as, under his promotional appointment, ij\ nicipal mayor. This• request was opposed by Vice
Mayor Umaasa, invoking the rule on succession to
Commissioner Marikit would be allowed to serve until )~

the expiration of his original term as Associate Commis-

sioner in 2021), it is clear that his promotional appoint- :~ the permanent vacancy in the Mayor's office. Who
between Pasyo Maagap and Vice Mayor Umaasa
has the right to occupy the position of Mayor?
ment from Associate Commissioner to Chairman of the Explain your answer. (5%)
COMELEC is invalid. (Funa u. The Chairman, Commis-
sion on Audit, G.R. No. 192791, April 24, 2012) Pasyo Maagap would be entitled to occupy the posi-
tion of Mayor upon the disqualification of Gandang Bai
on the basis of the petition to deny due course or cancel
her certificate of candidacy under the provisions of Sec-
tion 78 of the Omnibus Election Code.
276 POLITICAL LAW Ai"<il PlJBLIC INTERNATIONAL LAW BAR Q & A(2009-2019) 277

The rule is that, when a candidate is disqualified der Section 78, both of the Omnibus Election
on the grnund of ineligibility under Section 78 of the Code? _(3%)
0mn:bus Election Code, his certificate of candidacy
shall by reason thereof be considered as void ab initio. In addition to the rule cited above that a certificate
A cancelled certificate of candidacy void ab initio cannot of candidacy which is denied or cancelled under Section
give rise to a valid candidacy, and much less to valid 78 of the Omnibus Election Code would make said cer-
votes (Bautista u. Commission on Elections, 359 Phil. 1, tificate of candidacy void ab initio (which would pre-
16 [1998:. See Miranda u. Abaya, 370 Phil. 642 [1999]; clude the application of the rules on succession for pur-
Gador u, Commission on Elections, 184 Phil. 395 [1980J, poses of replacing him upon his disqualification because,
cited in A.ratea u. Commission on Elections, G.R. No. up to that point of his disqualification,·he shall be con-
195229, October 9, 2012) Even without a petition under sidered merely as a de facto officer, unlike in the case of
Section 78 of the Omnibus Election Code, the COME- disqualifications under Section 68 of the Omnibus Elec-
LEC is Lnder a legal duty to cancel the certificate of tion Code, which would give rise to the de Jure officer-
candidacy of anyone suffering from perpetual special ship of the disqualified candidate up to .his point of dis-
,:11
disqualif:cation to run for public office by virtue of a qualification), the other basic distinctions between peti-
final judgment of conviction. (Aratea u. Commission on
Elections, G.R. No. 195229, October 9, 2012)
I tions for the disqualification of candidates and petitions
to reject or cancel certificates of candidacy are as fol-
'.~
lows -
Gand.ang Bai should therefore be considered as
never having been a candidate at all precisely because
of his disqualification on the basis of the petition under
Section 78 of the Omnibus Election-Code on the ground
I Under Section 68 of the Omnibus Election Code, a
candidate may be disqualified if he commits any of the
election offenses or "prohibited acts" specified therein,
of his perpetual disqualification by reason of his crime or if he is a permanent resident of or an immigrant to a
involving moral turpitude. foreign country. On the other hand, under Section 78 of
Acccrdingly, Gandang Bai, being a non-candidate, the same law, a certificate of candidacy may be denied
the votes cast in his favor should not have been counted. due course or cancelled if found to be containing mate-
This leaves Pasyo Maagap as _the qualified candidate rial representations which are false and deliberately
who obtained the highest number of votes. Therefore, made. These would include misrepresentations as to
the rule on succession under the Local Government age, residence, citizenship or non-possession of' natural-
Code wiL not apply. (Aratea u. Commission on Elections, born status, registration as a voter, and eligibility, as
G.R. No. 195229, October 9, 2012; Maquiling u. Com- when one, although precluded from running for a fourth
mission on Elections, G.R. No. 195649, April 16, 2013) term because of the thr~e-term limit rule, claims to be
nonetheless qualified, or when one claims to be eligible
(2) How do you differentiate the petition despite his disqualification on the basis of an accessory
filed under Section 68 from the petition filed un- penalty imposed upon him in connection with his con-
viction in a criminal case.
278 POI.JTICAL LAW AJ.,'D ?uBL!C INTERNATIONAL LAW BAR Q &A.(2009-2019) 279

A petition for disqualification under Section 68 may The three levels of tests that may be applied in
be filed at any time afteY the last day for filing of the equal protection cases are as follows: the strict scrutiny
certificates of candidacy but not later than the candi- test, for laws dealing with freedom of the mind or res-
date's proclamation should he win in the elections, while tricting the political proeess; the rational basis standard
a petition to deny due course to or cancel a certificate of for the review of economic legislation; and heightened or
candidacy under Section 78 must be filed at any time immediate scrutiny for evaluating classifications based
not later than twenty-fbe days from the time of the on gender and legitimacy. (Mosqueda. u. Filipino Ba-
filing of the certificate of candidacy. nana Growers and Exporters Association, Inc., G.R. No.
While a person who is disqualified under Section 68 189185, August 16, 2016; $.amahan ng mga Progresi-
is merely prohibited to continue as a candidate, the per- bong Kabataan (SPARKl u. Quezon City, G.R. No.
225442, August 8, 2017)
son whose certificate is cancelled or denied due course
under Section 78 is not treated as a candidate at all.
Thus, a candidate disqualified under Section 68 may be (2) Which of the three (3) levels of test
validly substituted but only by an official candidate of should be applied to the present case? Ex-
his registered or accredited party. plain. (3%)

XVII It is submitted that the strict scrutiny test should

~i' be applied in this case because the challenged c.:lassifica-
tion restricts the political process. (Kabatacui Porty-List
The Gay, Bisexual and Transgender Youth
u. Commission on Elections, G.R. No. 221318, December
Association (GBTYA), an organization of gay, bi-
16, 2015; see Ang Ladlad LGBT Party u. Conunission on
sexual, and transgender persons, ·filed for accredi- Elections, G.R. No. 190582, April 8, 2010)
tation with the COMELEC to join the forthcoming
party-list elections. The COMELEC denied the
XVIII
application for accreditation on the ground that
GBTYA espouses immorality which offends reli-
Around 12:00 midnight, a team of police offi-
gious dogmas. GBTYA challenges the denial of its
cers was on routine patrol in Barangay Makata-
application based on moral grounds because it
rungan when it noticed an open delivery van
violates its right to equal protection of the law.
neatly covered with banana leaves. Believing that
(1) What are the three (3) levels of test the van was loaded with contraband, the team
that are applied in equal protection cases? leader flagged down the vehicle which was driven
Explain. (3%) by Hades. He inquired from Hades what was
loaded on the van. Hades just gave the police offi-
cer a blank stare and started to perspire pro-
fiisely. The police officers then told Hades that
 POUTICAL LAW Al'm PlJBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 281
280
~
1;,,

they will look inside the vehicle. Hades did not t~. The rule is that a valid warrantless search may
make any reply. The police officers then lifted the generally be justified on the basis of a prior valid war-
banana leaves and saw several boxes. They rantless arrest, which would be allowed in this case if
opened the boxes and dis.covered several kilos of !· Hades had been caught committing a crime in flagrante
shabu inside. Hades was charged with illegal pos- delicto. It must be noted that, when the team of police
session of illegal drugs. After due proceedings, he officers, who were merely on routine patrol, approached
was convicted by the trial court. On appeal, the Hades' van, the same was merely parked and Hades
Court of Appeals affirmed his conviction. was then not committing any crime. Accordingly, said
police officers cannot be said to have then validly ar-
In his final bid for exoneration, Hades went to rested him without a warrant, as there could have been
the Supreme Court claiming that his constitu- no probable cause for the same. (Antiquera v. People,
ti.onal right against unreasonable searches and G.R. No. 180661, December 11, 2013, 712 SCRA 339)
seizures was violated when the police officers
searched his vehicle without a warrant; that the Neither can the warrantless search be justified on
shabu confiscated from him is thus inadmissible the basis of Hades' alleged consent, precisely because,
in evidence; and that there being no evidence when the police officers asked If they could search his
against him, he is entitled to an acquittal. van, Hades merely gave the officers "a blank stare" and
"did not make any reply." This hardly constitutes the
For its part, the People of the Philippines consent required to make valid warrantless searches
maintains that the case of Hades involved a con- and seizures. Said consent tu be searched, to justify a
sented warrantless search which is legally recog- warrantless search and seizure, must be made or given
nized. The People adverts to the .fact that Hades voluntarily, categorically and unequivocally. (People u.
did not offer any protest when the police officers Aruta, G.R. No. 120915. April 3,. 1998, 288 SCRA 6261
asked him if they could look inside the vehicle.
Thus, any evidence obtained in the course thereof XIX
is admissible in evidence.
Whose claim is correct? Explain. (5%) Pursuant to its mandate to manage the or-
derly sale, disposition and privatization of the
Hades is correct. He must be exonerated. National Power Corporation's (NPC) generation
assets, real estate and other. disposable assets, the
There was neither probable cause nor valid consent Power Sector Assets and Liabilities Management
to be searched which would justify the warrantless
(PSALM) started the bidding process for the pri-
search and seizure resulting in the discovery of the
vatization of Angat Hydro ;Electric Power Plant
shabu hidden under banana leave·s in his open delivery
(AHEPP). After evaluation of the bids, K-Pop En-
van.
ergy Corporation, a South Korean Company, was
the highest bidder. Consequently, a notice of
 POLITICAL LAW AND f>uBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 283
282

award was issued to K-Pop. The Citizens' Party the governor of the province declares a state of
questioned the sale arguing that it violates the emergency in their province through Proclama-
constitutional provisions on the appropriation tion No. 1. He also invoked Section 465 of the Lo-
and utilization of a natural resource which should cal Government Code of 1991 (R.A. No. 7160)
be limited to Filipino citizens and corporations which vests on the provincial governor the power
which are at least 60% Filipino-owned. The to carryout emergency measures during man-
PSALM countered that only the hydroelectric made and natural disasters and calamities, and to
facility is being sold and not the Angat Dam; and call upon the appropriate national law enforce-
that the utilization of water by a hydroelectric ment agencies to suppress disorder and lawless
power plant. does not constitute appropriation of violence. In the same proclamation, the governor
water from its natural source of water that enters called upon the members of the Philippine Na-
the intake gate of the power plant which is an tional Police, with the assistance of the Armed
artificial structure. Whose claim is correct? Ex- Forces of the Philippines, to set up checkpoints
plain. (4%) and chokepoints, conduct general searches and
seizures including arrests, and other actions nec-
The claim of PSALM is correct. essary to ensure public safety. Was the action of
Foreign ownership of a hydropower facility is not the provincial governor proper? Explain. (4%)
prohibited under existing laws. The construction, reha-
The action of the provii:icial governor is not correct.
bilitation and development of hydropower plants are
among those infrastructure projects which even wholly- A provincial governor, may not validly issue a proc-
owned foreign corporations are aHowed to undertake lamation calling upon the Philippine National Police
under the Amended Build-Operate-Transfer (Amended and the Armed Forces of the Philippines to "set up
BOT) Law (R.A. No. 7718). (Initiatives for Dialogue and checkpoints· and chohe points, conduct general search
Empowerment through Alternative Legal Services, Inc. and seizures including arrests, and other actions neces-
u. Power Sector Assets and Liabilities Management Cor- sary to ensure public safety," by reason of the typhoon,
poration, G.R. No. 192088, October 9, 2012) and. on the basis merely of a general provision in the
Local Government Code entitling him "to carry out
xx emergency measures during man-made and natural
disasters and calamities, and to call upon the appropri-
Typhoon Bangis devastated the Province of ate national law enforcement agencies to suppress disor-
Sinagtala. Roads and bridges were destroyed der and lawless violence." It is only the President who is
which impeded the entry of vehicles into the area. authorized to exercise the calling-out power. (Kulaycm u.
This caused food shortage resulting in massive Tan, G.R. No. 187298, July 3, 2012)
looting of grocery stores and malls. There is
power outage also in the area. For these reasons,
284 POLITICAL LAW A..'-f0 P-jBL!C INTERNATIONAL LAW BAR Q & A (2009-2019) . 285

XXI Upon confirmation of Melchor's appointment, the

President issues an executive order including him
The Partido ng Mapagkakatiwalaang Pilipino as Ex-Officio member of the Board of Trustees of
(PMP) is a major political party which has par- the Government Service Insurance System (G;SIS),
ticipated in every election since the enactment of Employees Compensation Commission (ECC), and
the 1987 Constitution. It has fielded candidates the Board of Directors of the Philippine Health
mostly for legislative district elections. In fact, a Insurance Corporation (PHILHEALTH). Alleg-
number of its members were elected, and are ac- edly, this is based on the Administrative Code of
tually serving, in the House of Representatives. In 1997 (E.O. No. 292), particularly Section 14, Chap•
the coming 2016 elections, the PMP leadership ter 3, Title I-A, Book V. Thi~ provision reads: "The
intends to join the party-list system. chairman of the CSC shall be a member of the
Board of Directors of other governing bodies of
Can PMP join the party-list system without
government entities whose functions affect the
violating the Constitution and Republic Act (R.A.)
career development, employment, status, rights,
No. 7941? (4%)
privileges, and welfare of government officials
Yes, the PMP can join the party-list system without l~)"
';'.',
and employees ... " A taxpayer questions the desig·-
violating the Constitution and the provisions of R.A. No. nation of Melchor as ex-officio member·of the said
7941. corporations before the Supreme Court based on
two (2) grounds, to wit: (1) it violates the constitu-
Political parties can participate in party-list elec- tional prohibition on members of the Constitu-
tions provided they register under the party-list system tional Commissions to hold any other office or
and do not field candidates in legisla:tive district elec- employment during his tenure; and (2) it impairs
tions. A political party, whether major or not, that fields the independence of the CSC. Will the petition
candidates in legislative district elections can partici- prosper? Explain. (4%)
pate in party-list elections only through its sectoral
wing that can separately register under the party-list The petition should be granted. The Executive Or-
system. The sectoral wing is by itself an independent der is unconstitutional.
sectoral party, and is linked to a political party through
a coalition. (Atong Paglaum, Inc. u. Commission on Elec- It is violative of the strict prohibition under Section
tions, G.R. No. 203766, April 2, 2013) 2, Article IX-A of the 1987 Constitution, which pres-
cribes that no Member of a Constitutional Commission
XXII shall, during his tenure, hold any other office or em-
ployment.
The President appoints Emilio Melchor as Apart from violating this prohibition against hold-
Chairperson of the Civil Service Commission. ing multiple offices, Melchor's designation as a member
286 POLITICAL LAW A,"'<'D PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019 I 287

of the governing Boards of the GSIS, PHILHEALTH 2016

and the ECC impairs the independence of the Civil Ser-
vice Commission.
I
Under Section 17, Article VII of the Constitution,
the President exercises control over all government of- The contents of the vault of ABC company
fices in the Executive Branch. An office that is _1egally consisting of cash · and documents were stolen.
not under the control of the President is not part of the Paulyn, the treasurer of ABC, was invited by the
Executive Branch. (Funa v. The Chairman, Civil Service Makati City Police Department to shed light on
Commission, G.R. No. 191672, November 25, 2014) the amount of cash stolen and the details of the
missing documents. Paulyn obliged and volun-
teered the information asked. Later, Paulyn was
charged with qualified theft together with other
suspects. Paulyn claims her rights under the
Constitution and pertinent laws were blatantly
violated. The police explained that they were just
gathering evidence when Paulyn was invited for a
conference and she was not a suspect at that time.
Rule on her defense. (5%)

Her defense is tenable.

She can be considered as having made admissions
without being informed of her rights to be informed of
her right to remain silent and to have competent and
independent counsel during a custodial investigation.
According to RA. 7438, "custodial investigation
shall include the practice of issuing an 'invitation' to a
person .who is investigated in connection with an offe11se
he is suspected to have committed, without prejudice to
the liability of the 'inviti11:g officer' for any violation of
the law." (Section 2)
The circumstances surrounding Paulyn\; question-
ing, and her eventual admission made, at the police
station fall within this definition of custodial investiga-
288 POLIT:CAL LAW AND PuBLIC INTERNATIONAL LA\V BAR Q & A (2009-2019) 289

tion. It can be said and considered that she would not under the laws of the Ph.Uippines at least sixty
have been invited to the police station if she had not t"·
per centum of whose capital is owned by such
been suspected of committing the theft. (Lopez v. People, citizens xxx." Does the term "capital" mentioned
l;
G.R. No. 212186, June 29, 2016) in the cited section refer to the total common
i
t shares only, or to the total outstanding capital
[Acceptable Answer: Her defense is untenable. She was not un- 1i stock, or ·to both or "separately to each class of
der "custodial investigation" when she "volunteered" the subject
information. Her admissions can be accepted as evidence. shares, whether common, preferred non-voting,
preferred voting or any class of shares?" Explain
A custodial investigation is generally understood as "any ques-
tioning initiated by law enforcement authorities after a person is your answer. (5%)
taken into custody or otherwise deprived of his freedom of action in
any significant manner. It beg·ins when there is no longer a general The term "capital" in Section 11, Article XII of the
inquiry into an unsolved crime and the investigation has started to Constitution refers only to shares of stock entitled to
focus on a particular person as a suspect, i.e., when the police inves- vote in the election of directors, and thus only to com-
tigator starts interrogating or exacting a confession from the suspect
mon shares, and not to the total outstanding capital
in connection with an alleged offense." (People u. Moria't, 415 Phil.
310, 329 [2001]; see People v. Lara, G.R. No. 199877, August 1:3, stock comprising both common and non-voting preferred
2012), shares. (Gamboa u. Finance Secretary, G.R. No. 176579,
This presupposes that he is suspected of having committed a
June 28, 2011)
crime and that the investigator is trying to elicit information or a Since the constitutional requirement of at least 60
confession from him. The rule begins to operate at once, as soon as
the investigation ceases to be a general· inquiry into an unsolved percent Filipino ownership applies not only to voting
crime, and direction is aimed upon a particular suspect who has control of the corporation but also to the benefLcial own-
been taken into custody and to whom the poli'ce would then direct ership of the corporation, it is therefore imperative that
interrogatory questions which tend to elicit incriminating state- s·uch requirement apply uniformly and across the board
ments. Accordingly, it has been ruled that this right rriay not be to all classes of shares, regardless of nomenclature and
invoked in situations where the statements are spontaneously made,
as when it was the accused himself who went to the police station category, comprising the capital of a corporation.
and voluntarily made the statement eventually used as evidence The Constituti9n expressly declares as State policy
against him at his trial. (Jesalva v. People, G.R. No. 187725, January
19, 2011)] the development of an economy "effectively controlled"
by Filipinos. Consistent with such State policy, the Cons-
titution explicitly reserves the ownership and operation
II
of public utilities tq Philippine nationals, ,vho are de-
Sec. 11, Art. XII of the Constitution, provides: fine'd in the Foreign Investments Act of 1991 as Filipino
"No franchise, certificate or any other form of citizens, or corporations or associations at least 60 per-
authorization for the operation of a public utility cent of whose capital with voting rights belongs to Fili-
shall be granted except to citizens of the Philip• pinos. (Heirs of Wilson Gamboa u. Finance Secretary,
pines or to corporations or associations organized G.R. No. 176579, October 9, 2012; see Roy u. Herbosa,
G.R. No. 207246, November 22, 2016)
 ff.
290 POLITICAL LAW AND PuBLIC INTER.NATIONAL LAW
I
?,
;
BAR Q & A (2009-2019! 291

III In view of the changes in the economic and political

rights of the province of Laguna and its residents, the
A law converted the component city of Malu- entire province certainly stands to be directly affected
manay, Laguna into a highly urbanized city. The by the conversion of Malumanay City into a highly ur-
Local Government Code (LGC) provides that the banized city,
conversion "shall take effect only after it is ap-
Among such changes would be that it shall no
proved by the majority of votes cast in a plebiscite
longer be subject to provincial oversight because· the
to be held in the political units directly affected." complex and varied problems in a highly urbanized city
Before the COMELEC, Mayor Xenon of Malu- due to a bigger population and greater economic activity
manay City insists that only the registered voters require greater autonomy and it will also result in the
of the city should vote in the plebiscite because reduction of the Internal Revenue Allotment (IRA) to
the city is the only political unit directly· affected the province based on Sec. 285 of the LGC.
by the conversion. Governor Yuri asserts that all Accordingly, all the qualified registered voters of
the registered voters of the entire province of La- 4
'.J Laguna should then be allowed to participate in the
guna should participate in the plebiscite, because plebiscite called for that purpose. (Umali u. Comrnission
when the LGC speaks of the "qualified voters on Elections, G.R. No. 203974, April 22, 2014)
therein," it means all the voters of all the political
units affected by such conversion, and that in-
IV
cludes all the voters of the entire province. He
argues that the income, population and area of Several concerned residents of the areas
Laguna will be reduced. Who, "'between Mayor Xe- fronting Manila Bay, among them a group of stu-
non and Governor Yuri, is correct? Explain your dents who are minors, filed a suit against the
answer. (5%) Metro Manila Development Authority (MMDA),
the Department of Environment and Natural Re-
Governor Yuri is correct. The registered voters of
sources (DENR), the Department of Health (DOH),
the entire province of Laguna should participate in the
the Department of Agriculture (DA), the Depij.rt-
plebiscite.
ment of Education (DepEd), the Department of
In identifying the LGU or LGUs that should be al- Interior and Local Government (DILG), and a
lowed to take part in the plebiscite, what should primar- number of other executive agencies, asking the
ily be determined is whether or not the unit or units court to order them to perform their duties relat-
that desire to participate will be "directly affected" by ing to the cleanup, rehabilitation and protection
the change. (Tan u. COMELEC, No. L-73155, July 11, of Manila Bay. The complaint alleges that the con-
1986, 142 SCRA 727; Padilla v. COMELEC, G.R. No. tinued neglect by defendants and their failure to
103328, October 19, 1992, 214 SCRA 735) prevent and abate pollution in Manila Bay consti-
 ,':;
't:

292 POLIT!CAL LAW A.c'<Ll PlJBLIC TNTERNATIONA.L L\W BAR Q & A (2009-2019) 293

tute a violation of the petitioners' constitutional under· the control of the President. Is this
right to life, health and a balanced ecology. contention correct? Why or why not? (2.5%)

(a) If the defendants assert that the stu- The contention is not correct. The court's interven-
dents/petitioners who are minors do not tion after the case has been decided does not violate the
have locus standi to file the action, is the as- doctrine of separation of powers.
sertion correct? Explain your answer. (2.5%) Judieial power covers as well the continuing au-
thority of the Supreme Court to enforce its final deci-
The assertion would not be correct. sions because the execution of its decisions is but an
As held by the Supreme Court in Oposa v. Factoran integral part of its adjudicative function. Accordingly, it
(G.R. No. 101083 July 30, 1993), petitioners, though may issue a writ of continuing mandamus to ensure
they be or are minors, can, for themselves, and even for compliance with its decision. (MMDA v. Concerned
others of their generation and for the succeeding gen- Residents of Manila Bay, G.R. Nos. 171947-48, February
erations, file the suit. Their personality to sue in behalf 15, 2011; see also Boracay Foundation, Inc. u. The Prov-
of the succeeding generations can only be based on the ince of Aklan, G.R. No. 196870, June 26, 2012)
concept of intergenerational responsibility insofar as the I!: The issuance of subsequent resolutions by the
I
right to a balanced and healthful ecology is concerned. ~~ Court is simply an exercise of judicial power under Art.
VIII of the Constitution, because the execution of the
(b) In its decision which attained final-
Decision is b1-1t an integral part of the adjudicative func-
ity, the Court ordered the defendants to clean
tion of the Court. With the fin';ll and executory judgment
up, rehabilitate and sanitize Manila Bay
in MMDA, the writ of continuing mandamus issued in
within eighteen (18) months, and_ to submit to MMDA means that until petitioner-agencies have
the Court periodic reports of• their accom-
shown full compliaµce with the Court's orders, the
plishment, so that the Court can monitor and Court exercises continuing jurisdiction over them until
oversee the activities undertaken by the full execution of the judgment. (MMDA u. Concerned
agencies in compliance with the Court's di- Residents of Manila Bay, G.R. Nos. 17194 7-48, February
rectives. Subsequently, a resolution was is- Ii 15, 2011)
sued extending the time periods within which
the agencies should comply with the di~·ec- The writ of continuing mandamus "permits the
tives covered by the final decision. A view court to retain jurisdiction after judgment in order to
was raised that the Court's continued inter- ensure the successful implementation of the reliefs
vention after the case has been decided vio- mandated under the court's decision" and, in order to do
lates the doctrine of separation of powers this, "the court may compel the submission of compli-
considering that the government agencies all ance reports from the respondent government agencies
belong to the Executive Department and are as well as avail of other means to monitor compliance·
 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 296
294

with its decision." (Boracay Foundation, Inc. v. The tions under which it is to be implemented. (Abakado
Province of Aklan, G.R. No. 196870, June 26, 2012) Guro Party List v. Ermita, G.R. No. 168056, September
1, 2005, 469 SCRA 1; Cruz, Philippine Administrative
;: Law, 2016 Edition, pages 48-49)
V l"

Section 8 of P.D. No. 910, entitled "Creating ½'

(b) Does the assailed portion of section 8
an Energy Development Board, defining its pow- I~ of PD 910 hurdle the two (2) tests? (2.5%)
ers and functions, providing funds therefor and { No, the assailed portion of section 8 of PD 91.0 can-
for other purposes," provides that: "All fees, reve-
not be considered as compliant with both tests.
nues and receipts of the Board from any and all
sources xxx shall form part of a Special Fund to The phrase "and for such other purposes as may be
be used to finance energy resource development hereafter directed by the President" under Section 8 of
and exploitation programs and projects of the PD 910 constitutes an undue delegation of legislative
government and for such other purposes as may power insofar as it does not lay down a sufficient stan-
be hereafter directed by the. President." dard to adequately determine the limits of the Presi-
dent's authority with respect to the purpose for which
The Malampaya NGO contends that the pro- the Malampaya Funds may be used. (Belgica u. Execu-
vision constitutes an undue delegation of legisla- tiue Secretary, G.R. No. 208566, November 19, 2013)
tive power since the phrase "and for such other
purposes as may be hereafter directed by the VI
President" gives the President unbridled discre-
tion to determine the purpose for which the funds Pornographic materials in the form of tab-
will be used. On the other hand, the government loids, magazines and other printed materials, pro-
urges the application of ejusdem generis. liferate and are being sold openly in the streets of
Masaya City. The City Mayor organized a task
(a) Explain the "completeness test" and
force which confiscated these materials. He then
"sufficient standard test." (2.5%)
ordered that the materials be burned in public.
The completeness test requires the law to be com- Dominador, publisher of the magazine, "Play-
plete in all its terms and conditions when it leaves the thing", filed a suit, raising the following constitu-
legislature so that when it reaches the delegate, it will tio1,1al issues: (a) the confiscation of the materials
have nothing to do but enforce it. constituted an illegal search and seizure, because
the same was done without a valid search war-
Under the sufficient standard test, the law must rant; and (b) the confiscation, as well as the pro-
specify the limits of the delegate's authority. The legis- posed destruction of' the materials, is a denial of
lative policy must be announced and specify the condi- the right to disseminate information, and thus,
 BAR Q & A (2009-2019) 297
296 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW

violates the constitutional right to freedom of produce it. SPOI Jojo requested Ernesto to alight
expression. Is either or both contentions proper? from the vehicle and the latter acceded. Upon
Explain your answer. (5%) observing a bulge in the pants of Ernesto, the po-
liceman frisked him and found an unlicensed .22-
The contention regarding the need for a valid caliber pistol inside Ernesto's right pocket.
search warrant is proper. Ernesto was arrested, detained and charged. At
The summary confiscation of the subject materials the trial, Ernesto, through his lawyer, argued
could not have been done summarily. A search warrant that, policemen at mobile checkpoints ar~ em-
must have first been issued after a judge shall have powered to conduct nothing more than a "visual
been convinced of the existence of probable cause that search." They cannot order the persons riding the
the materials sought to be seized were indeed obscene. vehicle to alight. They cannot frisk, or conduct a
(Pita u. Court of Appeals, 178 SCRA 362) body search of the driver or the passengers of the
vehicle.
On the assumption, however, that the seizure of
said materials was lawfully done, the proposed destruc- Ernesto's lawyer thus posited that:
tion of the subject materials may be allowed in accor-
dance with the provisions of Section 2 of Presidential (a) The search conducted in violation of
decree No. 969, which authorize the forfeiture and des- the Constitution and established jurispru-
truction of pornographic materials involved in the viola- dence was an illegal search; thus, the gun
tion of Article 201 of the Revised Penal Code and would which was seized in the course of an illegal
not constitute a violation of the constitutional right to search is the "fruit of the poisonous tree" and
freedom of expression. (Nogales v. -People, G.R. No. is inadmissible in evidence. (2.5%)
191080, November 21, 2011) (b) The arrest made as a consequence of
the invalid search was likewise illegal, be-
[Acceptable Answer (re destruction of materials): Absent a clear
showing that the subject materials are pornographic, and consider- cause an unlawful act (the search) cannot be
ing that they were illegally seized, the same may not be destroyed. made the basis of a lawful arrest. (2.5%)
This would be violative of the owner's constitutional right to freedom
of expression.] Rule on the correctness of the foregoing ar-
guments, with reasons.
VII
(a) The search was unlawful having been made in
Ernesto, a minor, while driving a motor vehi- connection with an unlawful arrest based on a simple
cle, was stopped at a mobile checkpoint. Noticing traffic violation, i.e., non-possession of a driver's license.
that Ernesto is a minor, SPOI Jojo asked Ernesto Under R.A. 4136, or the Land Transportation and Traf-
to exhibit his driver's license but Ernesto failed to fic Code, the general procedure for dealing with a traffic
 BAR Q & A (2009-2019! 299
298 POLITICAL LAW AND Pl:BLIC INTERNATIONAL LAW

violation is not the arrest of the offender. (Luz v. People, to court to challenge the constitutionality of the
G.R. No. 197788, February 29, 2012, 667 SCRA 421) law. He raises the following grounds:
It is established that there can be a valid war- (a) The law violates the equal protection
rantless search incidental to an arrest only if the war- clause because, while it extends protection to
rantless were, to begin with, lawful. (People v, Chua Ho women who may be victims of violence by
San, 308 SCRA 432; People u. Aruta, G.R. No. 120915, their husbands, it does not extend the same
April 3, 1998; People v. Delos Reyes, G.R. No. 174774, protection to husbands who may be battered
August 31, 2011, 656 SCRA 417; People v. Manago, G.R. by their wives. (2.5%)
No. 212340, August 17, 2016; Miguel v. People, G.R. No.
227038, July 31, 2017) (b) The grant of authority to the Baran-
gay Chairman to issue a Barangay Protection
[Acceptable Answer: (a) The search was lawful, having been
made pursuant to an in flagrante delicto arrest for driving without a Order (BPO) constitutes an undue delegation
license. It can further be justified as a valid "stop and frisk" search. of judicial power, because obviously, the issu-
Accordingly, the gun seized from Ernesto is admissible in evidence ance of the BPO entails the exercise of judi-
against him.] cial power. (2.5%)
(b) The arrest was unlawful because it was made If Rule on the validity of the grounds raised by
after the unlawful search. "There must first be a lawful Conrado, with reasons.
arrest before a search can be made - the process cannot
be reversed." (People v. Chua Ho San, 308 SCRA 432) (a) The law is based on a valid classification. It
does not violate the equal protection clause by favoring
[Acceptable Answer: (b) The arrest was lawful. As previously
stated, it was an in flagrante delicto arrest made during a proper women over men as victims of violence and abuse to
inspection made at a mobile checkpoint. It was not made prior to an whom the State extends its protection because the ;<un-
"invalid" search. Also as previously stated, the search was lawful.] equal power relationship between women and men; the
fact that women are more likely than men to be victims
VIII of violence; and the widespread gender bias and preju-
dice against women all make for real differences justify-
A law is passed intended to protect women ing the classification under the law." (Garcia u. Drilon,
and children from all forms of violence. When a G.R. No. 179267, June 25, 2013, 699 SCRA 352)
woman perceives an act to be an act of violence or
(bl The issuance of a Barangay Protection Order
a threat of violence against her, she may apply for
by the Punong Barangay or, in his unavailability, by
a Barangay Protection Order (BPO) to' be issued
any available Barangay Kagawad, merely orders the
by the Barangay Chairman, which shall have the
~; perpetrator to desist from (a) causing physical harm to
force and effect of law. Conrado, against whom a 't• the woman or her child; and (2) threatening to cause the
BPO had been issued on petition of his wife, went ,Y:
300 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 301

woman or her child physical harm. Such function of the (b) If the Government paid full compen-
Punong Barangay is, thus, purely executive in nature, sation but after two years it abandoned its
in pursuance of his duty under the Local Government plan to build an airport on the property, can
Code to "enforce all laws and ordinances," and to "main- B_aldomero compel the Government to re-sell
tain public order in the barangay. It is not violative of the property back to him? Explain your an-
the principle of delegation." (Garcia u. Drilon, G. R. No. swer. (2.5%)
179267, June 25, 2013, 699 SCRA 352; Tua u. Mangro-
bang, G.R. No. 170701, January 22, 2014) Yes, it may be "obliged to reconvey" the property it
had expropriated but never used on condition that the
IX landowners would return the just compensation they
received, plus in,terest. (Mactan Cebu International Air-
The Government, through Secretary Too- port Authority u. Tudtud, G.R. No. 174012, November
goody of the Department of Transportation 14, 2008, 571 SCRA 165)
(DOTr), filed a complaint for eminent domain to
acquire a 1,000- hectare property in Bulacan, X
owned by Baldomero. The court granted the ex-
propriation, fixed the amount of just compensa- The Philippines entered into an international
tion, and installed the Government in full posses- agreement with members of the international
sion of the property. community creating the International Economic
Organization (IEO) which will serve as a forum to
(a) If the Government_ d9es not immedi- address economic issues between States, create
ately pay the amount· fixed by the court as standards, encourage greater volume of trade
just compensation, can Baldomero success- between its members, and settle economic dis-
fully demand the return of the property to putes. After the Philippine President signed the
him? Explain your answer. (2.5%) agreement, the Philippine Senate demanded that
the international agreement be submitted to it for
Baldomero cannot be allowed to demand the return its ratification. The President refused, arguing
of the property. that it is an executive agreement that merely cre-
The non-filing of the case for expropriation or de- ated an international organization and it dwells
layed payment of just compensation will not necessarily mainly on addressing economic issues among
lead to the return of the property to the landowner. States.
What is left to the landowner is the right of compensa-
tion. (See Forfom Development Corporation u. Philippine
Is the international agreement c:rreating the
IEO a treaty or an executive agreement? Explain.
National Railways, G.R. No. 124795, December 10, (5%)
2008, 573 SCRA 341.)
302 POLITICAL LAW A.l'ID PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 303

It is submitted that the international agreement [Acceptable Answer; It is submitted that the internatio1rni
creating the International Economic Organization can agreement creating the International Economic Organization can be
considered as an executive agreement, which therefore need not be
be considered as an executive agreement, which there- submitted to the Senate for its concurrence.
fore need not be submitted to the Senate for its concur-
The power of the President to enter into binding executive-
rence. agreements without Senate concurrence is already well-established
There are no hard and fast rules on the propriety of in this jurisdiction. That power has been alluded to in our present
and past Constitutions, in various statutes, in Supreme Court deci-
entering, on a given subject, into a treaty or an execu- sions, and during the delibel'ations of the Constitutional Commis-
tive agreement as an instrument of international rela- sion. They cover a wide array of subjects with varying scopes and
tions. The primary consideration in the choice of the purposes, including those that involve the presence of foreign mili-
form of agreement is the parties' intent and desire to tary forces in the country. x.xx. No court can tell the President to
desist from choosing an executive agreement over a treaty to embody
craft an international agreement in the form they so an international agreement, unless the case falls squarely within
wish to further their respective interests. Verily, the Article VIII, Section 25. (Saguisag !'· Exewtiue Secretary, G. R. l'<e.
matter of form takes a back seat when it comes to effec- 212426, January 12, 2016)] ·
tiveness and binding effect of the enforcement of a
treaty or an executive agreement, as the parties in ei- XI
ther international agreement each labor under the pacta
sunt seruanda principle. Save for the situation and The USS Liberty, a warship of the United
matters contemplated in Sec. 25, Art. XVIII of the Cons- States (U.S.), entered Philippine archipelagic wa-
titution when a treaty is required, the Constitution does ters on its way to Australia. Because of the negli-
not classify any subject, like that involving political gence of the naval officials on board, the vessel
issues, to be in the form of, and ratified- as, a treaty. ran aground off the island of Palawan, damaging
What the Constitution merely prescribes is that coral reefs and other marine resources in the
treaties need the concurrence of the Senate by a vote area. Officials of Palawan filed a suit for damages
defined therein to complete the ratification process. against the naval officials for their negligence,
"The right of the Executive to enter into binding agree- and against the U.S., based on Articles 30 and 31
ments without the necessity of subsequent Congres- of the United Nations Convention on the Law of
sional approval has been confirmed by long usage. From the Sea (UNCLOS). Article 31 provides that the
the earliest days of our history, we have entered execu- Flag State shall bear international responsibility
tive agreements covering such subjects as commercial for any loss or damage to the Coastal State result-
and consular relations, most favored-nation rights, pat- ing from noncompliance by a warship with the
ent rights, trademark and copyright protection, postal laws and regulations of the coastal State concern-
and navigation arrangements and the settlement of ing passage through the territorial sea. The U.S.
claims. The validity of these has never been seriously Government raised the defenses that:
questioned by our courts." (Bayan Muna u. Romulo, G.R.
No. 159618, February 1, 2011)
304 POLITICAL LAW /u'\'D PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019! 305

(a) The Philippine courts cannot exer- of their nature, be considered as binding upon all states.
cise jurisdiction over another sovereign (Arigo u. Swift, G_.R. No. 206510, September 16, 2014)
State, including its warship and naval offi.
cials. (2.5%) XII
(b) The United States is not a signatory Paragraphs c, d and f of Section 36 of Repub-
to UNCLOS and thus cannot be bound by its lic Act No. 9165 provide:
provisions. (2.5%)
"Se~. 36. Authorized drug testing. xxx The
Rule on the validity of the defenses raised by following shall be subjected to undergo drug test-
ing: XXX
the U.S., with reasons.

(a) The defense that the Philippine courts cannot c. Students of secondary and tertiary
exercise jurisdiction over another sovereign State, in- schools xxx;
cluding its warship and naval officials, is not entirely d. Officers and employees of public and
valid. private offices xxx;
Although it may be considered as immune from f. All persons charged before the prose-
suits for damages, like the one presented in the prob- ':'•X cutor's office with a criminal offense having
lem, the Visiting Forces Agreement, which is an agree- ;f an imposable imprisonment of not less than 6
ment which defines the treatment of United States 11 years and 1 day;''
troops and personnel visiting the Philippines to promote ,,,:
;:ti
"common security interests" between the US and the ;J, Petitioners contend that the assailed portions
Philippines in the region, provides for a waiver of im- of Sec. 36 are unconstitutional for violating the
munity with respect to our exercise of our criminal ju- right to privacy, the right against unreasonable
risdiction. (Arigo u. Swift, G.R. No. 206510, September searches· and seizures and the equal protection
16, 2014) clause. Decide if the assailed provisions are un-
(b) It is submitted that the United States can be constitutional. (5%)
considered as bound by the provisions of the UNCLOS
despite the fact that it is not a signatory to the same. The law, as applied to students and employees, is
constitutional but unconstitutional as applied to persons
Although the US to date has not ratified the UN- charged before the public prosecutor's office with crimi-
CLOS, as a matter of long-standing policy, the· US con- nal offenses punishable with six (6) years and one 111
siders itself bound by customary international rules on day imprisonment.
the "traditional uses of the oceans" as codified in UN-
CLOS. Said customary international rules can, because Students essentially waive their right to privacy
when they enroll in a school. Indeed, it is within the
 }{
r.-

!t
!i
::f~; BAR Q & A (2009-2019)
306 POUT!CAL LAW AND PUBLIC INTERNi\TJONAL L'i.W
i
307
IF.

prerogative of educational institutions to require, as a would violate a persons' right to privacy guaranteed
condition for admission, :::ompliance with reasonable under Sec. 2, Art. III of the Constitution. Worse still, the
school rules and regulations and policies. Authorities accused persons are veritably forced to incriminate
are agreed though that the right to privacy yields to themselues. (Social Justice Society v. Dangerous Drugs
certain paramount rights of the public and defers to the Board, G.R. No. 157870, November 3, 2008, 570 SCRA
state's exercise of police power. 410; see also Office of the Court Administrator v. Reyes,
Employees have also been considered as having a
A.M. No. Ps08-2535, June 23, 2010, 621 SCRA 511)
"a reduced expectation of privacy." Based on the compel-
ling state concern likely to be met by the search, and the XIII
well-defined limits set forth in the law to properly guide
authorities in the conduct of the random testing, the While Congress was not in session, the Presi-
challenged drug test requirement is, under the limited dent appointed Antero as Secretary of the De-
context of the case, reasonable and, ergo, constitutional. partment of Tourism (DOT), Benito as Commis-
Moreover, civil servants, are, by constitutional com- sioner of the Bureau of Immigration (BI), Clodu-
mand, required to be accountable at all times to the aldo as Chairman of the Civil Service Commission
people and to serve them with utmost responsibility and (CSC), Dexter as Chairman of the Commission on
efficiency. Human Rights (CHR), and Emmanuel as Philip-
pine Ambassador to Cameroon. The following day,
However, with respect to persons charged before all the appointees took their oath before the
the public prosecutor's office with criminal offenses pun- President, and· commenced to perform the func-
ishable with six (6) years and one (1) day imprisonment, tions of their respective offices.
a mandatory drug testing can neverbe" random ·or $LlSpi-
cionless. The ideas of randomness and being suspi- (a) Characterize the appointments,
cionless are antithetical to their being made defendants whether permanent or temporary; and
in a criminal complaint. They are not randomly picked; whether regular or interim, with reasons.
neither are they beyond suspicion. v\lhen persons sus- (2.5%)
pected of committing a crime are charged, they are sin-
gled out and are impleaded against their will. The per- The appointments of Antero as Secretary of the
sons thus charged, by the bare fact of being haled before Department of Tourism, Clodualdo as Chairman of the
the prosecutor's office and peaceably submitting them- Civil Service Commission, and Emmanuel as Philippine
selves to drug testing, if b.at be the case, do not neces- ambassador to Cameroon are ad interim and perma-
sarily consent to the procedure, let alone waive their nent. (See Matibag v. Benipayo, G.R. No. 149036, April
right to privacy. To impose mandatory drug testing on 2, 2002, 429 Phil. 554; Constitution, Article VII, Section
the accused is a blatant attempt to harness a medical 16)
test as a tool for crimina~ prosecution, contrary to the
stated objectives of RA 9:..65. Drug testing in this case
308 POLJTICAL LAW A.1'1D PuBLJC 1NTERNATI01\AL LAW BAH Q & A<2009-2019) 309

The appointments of Benito as Commissioner of XIV

Bureau of Immigration and Dexter as Chairman of the
Commission on Human Rights are permanent and regu- Onofre, a natural born Filipino citizen, ar-
lar. (Sarmiento and Arcilla v. Mison, 156 SCRA 549; rived in the United States in 1985. In 1990, he
Bautista v. Salonga, 172 SCRA 169; Constitution, Arti- married Salvacion, a Mexican, and together they
cle VII, Section 16) applied for and obtained American citizenship in
2001. In 2015, the couple and their children -
(b) A civil society group, the Volunteers Alfred, 21 years of age, Robert, 16, and Marie, 14,
Against Misguided Politics (VAMP), files suit, who were all born in the U.S. - returned to the
contesting the legality of the acts of the ap- Philippines on June 1, 2015. On June 15, 2015,
pointees and claiming that the appointees informed that he could reacquire Philippine citi-
should not have entered into the performance zenship without losing his American citizenship,
of the functions of their respective offices, be- Onofre went home to the Philippines and took the
cause their appointments had not yet been oath of allegiance prescribed under R.A. No. 9225.
confirmed by the Commission on Appoint- On October 28, 2015, he filed a Certificate of Can-
ments. Is this claim of VAMP correct? Why or didacy to run in the May 9, 2016 elections for the
why not? (2.5%) position of Congressman in his home province of
Pala wan, running against re-electionist Con-
The claim or contention of VAMP is not correct. gressman Profundo.
Ad interim appointments are immediately effective
and continue to be effective upon approval, or until dis- (a) Did Onofre's reacquisition of Philip-
approval by the Commission on Appointments or until pine citizenship benefit his wife, Salvacion,
the next adjournment of the Congress. (Constitution, and their minor children and confer upon
Article 7, Section 16) them Filipino citizenship? Explain your an-
swer. (2.5%)
The appointments of Benito as Commissioner of
Bureau of Immigration and Dexter as Chairman of the It is submitted that Salvacion can be considered as
Commission on Human Rights being permanent and a Filipino citizen pursuant to the provisions of Section
regular, they could have validly assumed their offices 15 of C.A. No. 473. (See Answer to Question IX (bJ, 2009
immediately, as their appointments are not required to Examination, pages 20-23.)
be confirmed by the Commission on Appointments.
(Sarmiento and Arcilla v. Mison, 156 SCRA 549; Robert and Marie, Onofre's minor children, can be
Bautista v. Salonga, 172 SCRA 169; Constitution, Arti- considered as having been conferred with Philippine
cle VII, Section 16) citizenship. This would be consistent with Section 4 of
RA. No. 9225, which provides that the unmarried child,
whether, legitimate, illegitimate or adopted, below
310 POLITICAL LAW A!"\/D PUBL!C lNTEfu"\/ATIONAL LAW BAR Q & A (2009-2019) 311

eighteen years of age, of those who re-acquire Philippine which provides that public officers and employees owe
citizenship shall likewise be deemed citizens of the Phil- the State and the Constitution allegiance at all times.
ippines. (Jacot u. Dal, G.R. No. 179848, November 27, 2008;
Sobjana-Codon u. Commission on Elections, G.R. No.
(b) Before the May 9, 2016 elections, Pro- 198742,AugustlO, 2012)
fundo's lawyer filed a Petition to Deny Due
Course or to Cancel the Certificate of Candi- xv
dacy against Onofre. What grounds can he
raise in his Petition to support it? Explain Congress passed a bill appropriating PlOO-
your answer. (2.5%) billion .. Part of the money is to be used for the
purchase of a 200-hectare property in Antipolo.
The Petition to Deny Due Course or to Cancel the The rest shall be spent for the development of the
Certificate of Candidacy against Onofre can be based on area and the construction of the Universal Tem-
the ground of his having deliberately made a false ma- ple for All the World's Faiths (UTAW-F). When
terial misrepresentation as to his eligibility to be such a completed, the site will be open, free of charge, to
candidate with respect to his residence, as it would ap- all religions, beliefs, and faiths, where each devo-
pear that he re-established his residence in the Philip- tee or believer shall be accommodated and
pines only on June 1, 2015, and cannot be considered as treated in a fair and equal manner, without dis-
having resided here for at least a -year when he filed his tinction, favor, or prejudice. There will also be
certificate of candidacy some five months later on Octo- individual segments or zones in the area which
ber 28, 2015. (Caballero v. Commission on Elections, can be used for the conduct of whatever rituals,
G.R. No. 209835, September 22, 2015)- services, sacraments, or ceremonials that may be
A second ground on which said Petition can be required by the customs or practices of each par-
based would be his having deliberately made a false ticular religion. The President approved the bill,
material misrepresentation as to his eligibility to be happy in the · thought that this could start the
such a candidate with respect to his citizenship. While healing process of our wounded country and en-
he may have taken his oath of allegiance prescribed courage people of varied and often conflicting
under RA. No. 9225, it does not appear that he had faiths to live together in harmony and in peace.
renounced his American citizenship, which he retained
If the law is questioned on the ground that it
despite that oath of allegiance. He is therefore a dual
violates Sec. 5, Article III of the Constitution that
citizen and would not be eligible for election as a Con-
"no law shall be made respecting an establish-
gressman, consistent with the provisions of Article VI,
ment of religion or prohibiting the free exercise
Section 6 of the Constitution, which requires natural-
born citizenship for members of the House of Represen- thereof," how will you resolve the challenge? Ex-
plain. (5%)
tatives, and Section 18 of Article XI of the Constitution,
 I.:,{

_'£1
.:·;P BAR Q & A (2009-2019)
312 POLITICAL LAW AJ,1) P-.,'BLIC L~TERNATIONAL LAW
-'.~
313

I will consider the law as violative of Section 5 of cutor. - If the complaint is filed directly with the
Article III of the Constitution. prosecutor involving an offense punishable by
imprisonment of less than four (4) years, two (2)

I
The "establishment clause principally prohibits the
months and one (1) day, the procedure outlined in
State from sponsoring any religion or favoring any relig-
Sec. 3(a) of this Rule shall be observed, The
ion as against other religions. It mandates a strict neu-
Prosecutor shall act on the complaint within ten
trality in affairs among religious groups. Essentially, it
(10) days from its filing."
prohibits the establishment of a state religion and the
use of public resources for :.he support or prohibition of a ii,, On the other hand, Sec. 3(a) of Rule 112 pro-
religion." (Jmbong v. Ochoa, G.R. No. 204819, April 8, ,/; vides: "(a) The complaint shall state the address of
2014, 721 SCRA 146) Li\
-~~ I the respondent and shall be accompanied by affi-
:f i davits of the complainant and his witnesses as
"The state cannot set up a church; nor pass laws .:t, :
well as other supporting documents to establish
which aid one religion, aid all Teligion, or prefer one 1j',
.'_;
(;i•; probable cause. xxx"
religion over another." (Euerson v. Board of Education,
330 U.S. 1) Since Sec. 8(a) authorizes the Prosecutor to
decide the complaint on the basis of the affidavits
[Acceptable Answer: The law can be upheld or justified as reli- and other supporting documents submitted by the
gious accommodation and therefore not unconstitutional. It merely
provides for the establishment of a temple which can be used for complainant, Prosecutor Tristan did not notify
religious purposes and by all faiths "in a fair and equal manner, Art nor require him to submit a counter-affidavit.
without distinction, favor, or prejudice." It can be said that, in its He proceeded to file the Information against Art
minimal sense, what the non-establishment clause provides is that with the Metropolitan Trial Court. Art vehe-
the state cannot establish or spcnsor an offreiat religion. It cannot be
said that the construction of the subject temple is by way of sponsor- mently assails Sec. 8(a) of Rule 112 as unconstitu-
ship or establishment of a religion. (Re: Letter of Tony Q-. Valenciana, tional and violative of due process and his rights
A.M. No. 10-4-19-SC, March 7, 2017)] as an accused under the Constitution for he was
not informed of the complaint nor was he given
XVI the opportunity to raise his defenses thereto be-
fore the Information was filed. Rule on the consti-
Jojo filed a criminal complaint against Art for tutionality of Sec. 8(a) of Rule 112. Explain. (5%)
theft of a backpack worth P150.00 with the Office
of the City Prosecutor of Manila. The crime · is It is submitted that Sec. 8(a) of Rule 112 is consti-
punishable with arresto mayor to prision correc- tutional.
cional in its minimum period, or not to exceed 4
The constitutional due process requirements are
years and 2 months. The case was assigned to
not applicable to preliminary investigations which are
Prosecutor Tristan and he applied Sec. 8(a) of
creations of statutory law giving rise to mere statutory
Rule 112 which reads: "(a) If filed with the prose-
rights. A law can even abolish preliminary investiga-
 ·Ji

314 POLITICAL LAW A!.'sTI PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) ,315

tions without running afoul with the constitutional re- gime[s) of Islands' under the Republic of the Philippines
quirements of due process. (Estrada v. Office of the Om- consistent with Article 121 of UN CLOS. They are there-
l{~
budsman, G.R. Nos. 212140-41, January 21, 2015) fore subject to the continuing authority, Qr sovereignty
and jurisdiction, of the Philippines.
XVII
[Note: "Had Congress in RA 9522 enclosed the KlG and the
(a) Define the archipelagic doctrine of Scarborough Shoal as part of the Philippine archipelago, adverse
legal effects would have ensued. The Philippines would have com-
national territory, state its rationale; and ex- mitted a breach of two provisions of UNCLOS III. First, Article 47
plain how it is implemented through the (3) of C:NCLOS III requires that the drawing of such baselines shat
straight baseline method. (2.5%) not depart to any appreciable extent from the general configuration
of the archipelago. Second, Article 47 (2) of UNCLOS III requires
that 'the length of the baseiines shall not exceed 100 nautical miles,'
The Archipelago Doctrine provides that the outer-
save for three per cent (_3%) of the total number of baselines which
most points of an archipelago are connected with can reach up to 125 nautical miles.
straight baselines and al1 waters enclosed thereby are to
"Although the Philippines has consistently claimed sovereignty
be considered as internal waters. The entire archipelago over the KIG and the Scarborough Ei'hoal for several decades. these
is regarded as one integrated unit instead of being outlying areas are located at an appreciable distance from the near-
fragmented into so many thousand islands. Under our est shoreline of the Philippine archipelago, such that any atrnight
Constitution, it is provided that "the waters around, baseline loped around them from the nearest basepoint will inevita-
bly ·depart to an appreciable extent from the general configurntiun of
between and connecting the islands of the archipelago, the archipelago.'
regardless of their breadth and dimensions, form part of
the internal waters of the Philippin~s.''. (Article I, Sec- "Hence, far from surrendering the Philippines' claim over the>
KIG and the Scarborough Shoal, Congress' decision to classlf\• the
tion 1; Cruz and Cruz, International Law, 2020 Edition, KIG and the Scarborough Shoal as ·RegimelsJ of Islands' under the
pages 174-175) Republic of the Philippines consistent with Article 121 of UNCLOS
III manifests the Philippine State's responsible observance crf its
(b) Section 2 of RA 9522 declared the pacta sunt servanda obligation under Ul'-i"'CLOS III. Under Article
Kalayaan Island Group {KIG) and Scarbor- 121 of UNCLOS III, any 'natural]y formed area of land, surrounded
by water, which is above water at high tide,' such as po1·tions of the
ough Shoal as "Regimes of Islands." Professor KIG, qualifies under the category of 'regime of i~Jands.' whose is-
Agaton contends that since the law did not lands generate their own applicable maritime zones." (Maga/Iona 1·.
enclose said islands, then the Philippines lost Ermita, G.R. No. 187167, August 16, 2011. 658 SCRA 476JI
its sovereignty and jurisdiction over them. Is
his contention correct? Explain. (2.5%) XVIII
His contention is not correct. Sec. 8, Article X of the 1987 Constitution pro-
The Kalayaan Islands and the Scarborough Shoal vides that no elective official shall serve for more
have been constituted under the subject law as 'Re- than three (3) consecutive terms. Rule and ex-
plain briefly the reason if the official is prohibited
316 POL!TICAL LAW AND PUBLIC INTERNATIONAL LAW · BAR Q & A (2009-2019) 317

to run for another term in each of the following incumbent official's continuity of service. (Lataso u.
situations: (a) if the official is a Vice-Mayor who Commission on Elections, G.R. No. 154829, December
assumed the position of Mayor for the unexpired 10, 2003, 417 SCRA 601 l
term under the Local Government Code; (b) if the
(d) The three-term limit rule is also inapplicable
official has served for three consecutive terms
to the official who has been placed under preventive
and did not seek a 4th term but who won in a re- ·,..;,.1 suspension during his term because a pteventive sus-
call election; (c) if the position of Mayor of a town -;·t'
pension is not an interruption. (Aldouino t·. COMELEC,
is abolished due to conversion of the town to a G.R. No. 184836, December 23, 2009, 603 SCRA 234)
city; (dl if the official is preventively suspended 11
during his term but was exonerated; and (e) if the (e) The three-term limit rule is finally inapplica-
official is proclaimed as winner and· assumes of• ble to the official who is proclaimed as ,vinner and as-
fice but loses in an election protest. (5%) sumes office but loses in an election contest because his
term is interrupted when he loses said election protest
(a) The three-term limit rule is inapplicable to the and is ousted from office, thus disenabling him from
Vice-Mayor because the interruption in his term when serving what would otherwise be the unexpired portion
he assumed the position of Mayor would be involuntary. of his term had the protest been dismissed. (Lonzanida
(Montebon v. Commission on Elections, G.R. No. 180444, v. Commission on Elections, G.R. No. 135150, July 28,
April 8, 2005, 551 SCRA 50) 1999, 311BCRA 602)
(b) The three-term limit rule is likewise inappli-
XIX
cable to the official who has served for three consecutive
terms and did not seek a 4th term but won in a recall Fernando filed ah administrative complaint
election because there would have been an involuntary
against his co-teacher, Amelia, claiming that the
interruption in his terms after his third term (Adormeo )%
latter is living with a married man who is not her
u. Commission on Elections, G.R. No. 147927, F.ebruary
husband. Fernando charged Amelia with commit-
4, 2002, 376 SCRA 90 and Socrates v. Commission on
ting "disgraceful and immoral conduct" in viola-
Elections, G.R. No. 154512, November 12, 2002, 391
SCRA 457), and a recall term is not a full term (Men- l
,,f
tion of the Revised Administrative Code and,
thus, should not be allowed to remain employed
doza v. COMELEC, G.R. No. 149736, December 17, i
2002).
A
in the government. Amelia, on the other hand,
claims that she and her partner are members of a
(c) The three-term limit rule would be applicable religious sect that allows members of the congre-
against the Mayor of a town which is abolished due to gation who have been abandoned by their respec-
the conversion of the town to a city because the abolition tive spouses to enter marital relations under a
of an elective office due to the conversion of a municipal- "Declaration of Pledging Faithfulness." Having
ity to a city does not, by itself'. work to interrupt the made such Declaration, she argues that she can-
318 POLITICAL LAW Al'\'D PlIBLIC INTERNATIONAL LAW BAR Q & A (2009-2019! 319

not be charged with committing immoral conduct 23 of R.A. No. 9165 or the Comprehensive Danger-
for she is entitled to free exercise of religion un- ous Drugs Act of 2002 provides that "any person
der the Constitution. charg·ed under any provision of this Act regard-
less of the imposable penalty shall not be allowed
(a) Is Amelia administratively liable? to avail of the provision on plea-bargaining." Pa-
State your reasons briefly. (2.5%) tricio, a user who was charged with alleged sale of
shabu but who wants to enter a plea of guilty to a
Amelia is not administratively liable. charge of possession, questions the constitutional-
ity of Sec. 23 on the ground that Congress en-
Her conjugal arrangement cannot be penalized as croached on the rule-making power of the Su-
she has made out a case for exemption from the law preme Court under Sec. 5, Article VIII. He argues
based on her fundamental right to freedom of religion.
that plea-bargaining is procedural in nature and
(Estrada v. Escritor, A.M. No. P-02-1651, June 22, 2006,
is within the exclusive constitutional power of the
492 SCRA 1; see also Estrada v. Escritor, A.M. No. P-02-
Court. Is Patricio correct? Explain your answer.
1651, August 4, 2003, 455 Phil. 411,.506 [2003]) (5%)

(b) Briefly explain the concept of "be-

It is submitted that Patricio is correct.
nevolent neutrality." (2.5%)
Said Section 23 of R.A. No. 9165 is unconstitu-
The concept of benevolent neutrality gives room for tional, constituting as it does an unlawful encroachment
accommodation of religious exercise§. as required by the by the Congress into the exclusive rule-making authol'-
Free Exercise Clause. It could allow for accommodation ity of the Supreme Court under Article Vlll, Section 5
of morality based on religion, provided it does not offend (5) of the Constitution.
compelling state interests. (Estrada v. Escritor, A.M.
The Supreme Court's sole prerogative to issue,
No. P-02-1651, June 22, 2006, 492 SCRA 1; see also
amend, or repeal procedural rules is limited to the pres-
Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003,
ervation of substantive rights, i.e., the former should not
455 Phil. 411, 506 [2003])
diminish, increase or modify the latter. "Substantive
law is that part of the law which creates, defines and
xx regulates rights, or which regulates the right and duties
which give rise to a cause of action; that part of the law
Under Sec. 5, Article VIII of the Constitution, which courts are established to administer; as opposed
the Supreme Court shall have the power to to adjective or remedial law, which prescribes the
"promulgate rules concerning the protection and method of enforcing rights or obtain redress for their
enforcement of constitutional rights, pleading, invasions."
practice and procedure in all courts xxx." Section
320 POLITICAL LAW AND Pusuc INTERNATIONAL L>.W Rv, Q & A/2009-20191 321

Plea bargaining has been defined as "a process

whereby the accused and the prosecution work out a 2017
mutually satisfactory disposition of the case subject to
court approval." The rules on plea bargaining neither I
create a right nor take away a vested right. Instead, it
operates as a means to implement an existing right by A priority thrust of the Administration is the
regulating the judicial process for enforcing rights and change of the form of government from unitary to
duties recognized by substantive law and for justly ad- federal. The change can be effected only through
ministering remedy and redress for a disregard or in- constitutional amendment or revision.
fraction of them. ·
·:iir (a) What are the methods of amending·
It is therefore within the. exclusive rule-making the Constitution? Explain briefly each
power of the Supreme Court. (Estipona v. Lobrigo, G.R. '.ii method. (3%)
No. 226679, August 15, 2017) ·\t,,•:
;~ Under Article XVII of the Constitution, proposals to
•t;'.~~
amend or revise the Constitution may be done or ap-
proved by the Congress, acting in its constituent capac-
ity, upon a vote of three-fourths of all its Members or by
a constitutional convention (Section 1) created by the
Congress, also in a constituent capacity, by a vote of
two-thirds of all its Members. The question or matter of
calling such a convention may be submitted by the Con-
gress to the electorate by a majority vote of all its Mem-
):1i
bers. (Section 3)
,~,

·1 Amendments to the Constitution may likewise be

directly proposed by the people through initiative upon
I@ a petition of at least twelve per centum of the total
number of registered voters, of which every legislative
district must be represented by at least three per cen-
tum of the registered voters therein. (Section 2)
Any amendment to, or revision of, this Constitution
under Section 1 shall be valid when ratified by a major-
ity of the votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days
after the approval of such amendment or revision.
322 POLJTICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 323

Any amendment under Section 2 shall be valid and the provisions on Local Government. ll'hich, at pl'esent, mel'e,y
when ratified by a majority of the votes cast in a plebi- prescribe for the autonomy oflocal government unit~.J
scite which shall be held not earlier than sixty days nor [Note: Bar examination questions should be limited tu conceprs
later than ninety days after the certification by the actually taught, and ought not to include crmcepts ll'hich are not
discussed and are not based on existing laws oron the' Con::;titution.J
Commission on Elections of the sufficiency of the peti-
tion. (Section 4)
II
(b) Cite at least three provisions of the
Constitution that need to be amended or re- A.
vised to effect the change from unitary to fed-
eral, and briefly explain why? (3%) Under the doctrine of immunity from suit, the
State cannot be sued without its consent. How
Among the provisions in the Constitution that may the consent be given by the State? Explain
would need to be amended or revised to effect the your answer. (3%)
change from unitary to federal would be the Preamble,
for purposes of introducing the concept of federalism Consent to be sued may be expressly made, which
and providing for a declaration to the effect that its at- may be done with a general law, e.g., CA 327, as
tainment shall be among the aims of the provisions of amended (on money claims against government to be
said document; the provisions on the Executive, Legisla- filed with the Commission on Audit) or a special law, as
tive and Judicial Departments, to provide for confer- in the case of Merritt v. Government of the Philippine
ments of and limitations on the powers of each of said Islands (43 Phil. 311), where a special law allowed a
branches for purposes of precisely providing for a fed- person to sue the Philippine Government for injuries he
eral system of government, and the provisions on Local sustained when his motorcycle collided with a govern-
Government, which, at present, merely prescribe for the A, ment ambulance.
autonomy oflocal government units. Ji Consent may also be impliedly made, when the
[Acceptable Answer: If the Congress or a constitutional conven- ·Ji, State institutes a complaint, as in Froilan u. Pan Orien-
tl tal Shipping Co. (G.R. No. L-6060, September 30, 1950),
tion would be foolish enough to propose the revision of the Constitu- iiJ.,'.

tion to provide for a federal system of government, among the provi- '~
-,~, where the government was held to have impliedly al-
sions in the Constitution that would need to be amended or revised lowed itself to be sued when it filed a complaint in in-
to effect the change from unitary to federal would be the Preamble, tervention for the purpose of asserting a claim against
for purposes of introducing the concept of federalism and providing r the plaintiff, to wit, the recovery of a vessel (but not
for a declaration to the effect that its attainment shall be among the f'!!.;l~.·..
aims of the provisions of said document; the provisions on the Execu- where the complaint (in intervention) is filed precisely
.,;1:
tive, Legislative and Judicial Departments, to provide for confer- "to join the defendant in invoking the doctrine of State
ments of and limitations on the powers of each of said branches for immunity to secure the dismissal of the action" or to
purposes of precisely providing for a federal system of government,
resist the claim, as in Lim u. Brownell (107 Phil. 345 l; or
324 POLITICAL LAW A,'\i7J f>cBLIC INTERNATIONAL LAW ] BAR Q & A (2009-2019) 325

when it enters into proprietary contracts, as in USA v. first resorted to of th_e plaintiffs' property. (Republic u.
Guinto (182 SCRA 644), which referred to the operation Sandiganbayan, 204 SCRA, 212; Ministerio u. Court of'
of restaurants and barber shops, but not when it enters First Instance of Cebu, 40 SCRA 464; Santiago v. Repub-
into governmental contracts, such as in USA v. Ruiz lic, 87 SCRA 294)
(136 SCRA 487), which involved the repair of wharves. y
(Cruz and Cruz, Philippine Political Law, 2014 Edition, ;t .The doctrine of sovereign immunity is not an ins-
trument for perpetrating an? injustice on a citizen. We
pages 59-70) '.~
~o

los Santos v. Intermediate Appellate Court, 223 SCRA l;

Air Transportation Office u. Ramos, 644 SCRA 36; Cruz,
B.
Notes on the Constitution, Volume I, 2016 Edit.ion,
The doctrine of immunity from suit in favor pages 140-141)
of the State extends to public officials in the per-
formance of their official duties. May such offi- C.
cials be sued nonetheless to prevent or to undo
their oppressive or illegal acts, or to compel them Do government-owned or -controlled corpora-
to act? Explain your answer. (3%) · tions also enjoy the immunity of the State from
suit? Explain your answer. (3%)
Yes, an officer of the state may be sued without in-
volving the State, as in a claim for recovery of taxes It is established that, if the government agency is
unlawfully assessed or collected (Houston u. Houston, incorporated, the test of its suability is found in its char-
252 U.S. 569); in a claim for recove!y _only of title. to or ter. The simple rule is that it is suable if its charter says
possession of property (Syquia v. Almeda Lopez, 84 .Phil. so, and this- is true regardless of the functions it is per-
312); in a suit against the Director of Public Works, who forming. (Bermoy v. Philippine Normal College, G.R. No.
took over without authority property belonging to the L-8670, May 18, 1956; Cruz and Cruz, Philippine Politi-
plaintiff and constructed thereon an irrigation canal cal Law, 2014 Edition, pages 70-75)
(Festejo u. Fernando, 50 O.G. 1556); and in a suit for the Accordingly, it can be said that government-owned
recovery of the value of property which had been con- or -controlled corporations do not enjoy immunity from
verted into public streets without payment of just com- suit, provided their charters expressly prescribe that
pensation, which can prosper even without previously they can sue and be sued. (Arcega u. Courtof Appeals,
filing a claim with the Auditor General. (Amigable u. G.R. No. L-8760, May 18, 1956)
Cuenca, 43 SCRA 360)
The doctrine of sovereign immunity cannot be suc-
cessfully invoked to defeat a valid claim for compensa-
tion arising from the taking without just compensation
and without the proper expropriation proceedings being
326 POLITICAL LAW M1J PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019! 327

III duty to carry out in good faith its obligations ansrng

from treaties and other sources of international law, and
State A and State B, two sovereign states, en- it may not invoke provisions in its constitution or its
ter into a IO-year mutual defense treaty. After five laws as an excuse for failure to perform this duty. lBa-
years, State A finds that the more ·progressive yan u. Zamora, G.R. No. 138570, October 10, 2000)
State B did not go to the aid of State A when it
Rebus sic stantibus is considered as "the equivalent
was threatened by its strong neighbor State C. exception to the maxim pacta sunt seruanda." The doc-
State B reasoned that it had to be prudent and trine "constitutes an attempt to formulate a legal prin-
deliberate in reacting to State C because of their ciple which would justify non-performance of a treaty
existing trade treaties. obligation if the conditions with relation to which the
parties contracted have changed so materially and so
(a) May State A now unilaterally with-
unexpectedly as to create a situation in which the exac-
draw from its mutual defense treaty with
tion of performance would be unreasonable." (Jessup,
State B? Explain your answer. (2.5%) 150, cited in Cruz and Cruz, International Law, 2020
Edition, pages 313-314)
Yes, State A may unilateral1y withdraw from said
treaty by reason of State B's clear breach of the same. (c) Are the principles of pacta sunt ser-
This would be in consonance with the provisions of uanda and rebus sic stantibus relevant in the
Article 60 of the Vienna Convention on the Law of Trea- ,tf treaty relations between State A and State B'?
ties, which prescribes that a material breach of a bilat- ,( What about in the treaty relations between
eral treaty by one of the parties entitles the other to
invoke the breach as a ground for terminating the treaty
I State B and State C? Explain your answer.
(2.5%)
or suspending its operation in whole or in part ?:
•l\
Yes, under the principle of pacta sunt seruanda,
(b) What is the difference between the both States were clearly bound to comply with their
principles of pacta sunt servanda and rebus obligations under the subject treaty in good faith.
sic stantibus in international law? (2.5%)
It is however submitted that State B may not in-
Article 26 of the Vienna Convention on the Law of voke the doctrine of rebus sic stantibus as justification
Treaties provides for concept of pacta sunl seruanda and for its non-compliance with its obligations to aid State A
simply because of the threats of State C regarding their
declares that every treaty in force is binding upon the
existing trade treaties .
parties to it and must be performed by them in good
faith. Moreover, Article 13 of the Declaration of Rights It bears emphasis that among the limitations on a
and Duties of States adopted by the International Law valid application of said doctrine of rebus sic stantibus is
Commission in 1949 provides that every State has the
I that the vital change in circumstances must have been

.j
:11;

~j
 ~fu-
,..
328 POLITICAL LAW ru'-l"D PUBLIC INTERNATIONAL.LAW BAR Q & A (2009-2019) 329

unforeseen or unforeseeable and should not have been It can be considered as not absolute in the sense
caused by the party invoking it. It is submitted that this that its exercise is subject to the foregoing constitutional
element is not present in this case. (Article 62, Vienna limitations, as well as to the limitation in Section 5 of
Convention on the Law of Treaties; K,elsen, 358-368; Article IX-C of the Constitution, which provides that no
Fenwick, 354-355; Wilson and Tucker, 222; Brierly, 245, pardon, amnesty, parole, or suspension of sentence for
cited in Cruz and Cruz, International Law, 2020 Edi- violation of election laws, rules, and regulations shall be
·~

l
tion, pages 315) gTanted by the President without the favorable recom-
mendation of the Commission.
[Acceptable Answer: Yes, under the principle of pacta sunt ser-
uanda, both States were clearly bound to comply with their obliga- :?l It should be added though that the exercise of the
tions under the subject treaty in good faith. pardoning power is discretionary in the President, and
State B may invoke the doctrine of rebus sic stantibus as justi- ::1: may not be controlled by legislature or reversed by the
fication for its non-compliance with its obligations to aid State A !& courts, save only when it contravenes the recognized
]
because of the threats of State C regarding their existing trade trea- limitations. (Cruz and Cruz, Philippine Political Law,
ties, considering that these threats in relation to their trade treaties 1@
can be considered as unforeseen or unforeseeable and were not in-
2014 Edition, page 443) The pardoning power of the
tentionally caused by it.]

IV
l President cannot be limited by legislative action. (Risos-
Vidal v. Commission on Elections, G.R. No. 206666,
January 21, 2015)
)
A. B.
:f
·;1
What is the pardoning power of the President Distinguish pardon from amnesty. (4%)
under Art. VIII, Sec. 19 of the Constitution?
The distinctions between an amnesty and a pardon
Is the exercise of the power absolute? (4%) are-

Under Article VII, Section 19 of the Constitution, (1) Amnesty is usually addressed to
except in cases of impeachment, or as otherwise pro- crimes against the sovereignty of the State, to
vided in this Constitution, the President may grant political offenses, forgiveness being deemed
reprieves, commutations and pardons, and remit fines more expedient for the public welfare than
and forfeitures, after conviction by final judgment. He prosecution and punishment; pardon condones
shall also have the· power to grant amnesty with the infractions of the peace of the State.
concurrence of a majority ·of all the Members of the Con-
gress.
 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q &A(2009-2019i 3:31
330

(2) Amnesty is usually generally ad- V

dressed to classes or even communities of per-
sons; pardon is usually addressed to an indi- (a) What is the right of legation, and how is it
vidual. undertaken between states? Explain your answer.
(2%)
(3) In amnesty, there may or may not be
distinct acts of acceptance, so that if other The right of legation, which is considered as one of
rights are dependent upon it and are asserted, the most effective ways of facilitating and promoting
there is affirmative evidence of acceptance; in intercourse among states, pertains to their active right
pardon, there must be distinct acts of accep- to send diplomatic representatives and their passive
tance. right of receiving them to enable them to deal more di-
rectly and closely with each other in the impro\'ement of
(4) Pardon does not require the concur-
their mutual interests. (Cruz and Cruz, International
rence of the Congress; amnesty requires such
Law, 2020 Edition, page 242)
concurrence.
(5) Pardon is a private act of the Presi- (b) Under this right, may a country like Ma-
dent which must be pleaded and proved be- laysia insist that the Philippines establish a con-
cause the courts do not take judicial notice of sulate in Sabah to look after the welfare of the
it; amnesty is a public act of which the courts Filipino migrants in the area? Explain your an-
take judicial notice. swer. (2%)
(6) Pardon looks forwarGl- and relieves No.
the offender from the consequences of the of-
fense of which he has been convicted; while Being purely consensual, the maintenance of dip-
amnesty looks backward and abolishes and lomatic relations is not a dcmandable right on the part
puts into oblivion the offense itself; it so over- of either the sending or the receiving state. (Cruz and
looks and obliterates the offense with which he Cruz, International Law, 2020 Edition, page 242)
is charged that the person released by amnesty
stands before the law precisely as though he VI
had committed no offense. (Burdick v. United
States, 235 U.S. 476; Cruz and Cruz, Philip- A.
pine Political Law, 2014 Edition, pages 454-
455) The President appoints the Vice President as
his Administration's Housing Czar, a position that
requires the appointee to sit in the Cabinet. Al-
though the appointment of the members of the

..iJf,

~1
 -.Jll

-·!l~'. BAH Q & A 1,2009-2019! 333

332 POLITICAL LAW .t.1..:'\'D PuBLIC INTERNATIONAL LAW :sr
~r
'ii·
·li
.¾,, this be considered as lawful even if it is to be treated as
Cabinet requires confirmation by the Commission -~\
on Appointment (CA), the Office of the President ;], aid to the COMELEC.
does not submit the appointment to the CA. May Under Section 25 (5) of Article VI of the Constitu-
the Vice President validly sit in the Cabinet? tion, the President, and the other officials mentioned
(2.5%) therein, may be allowed or authorized by law to transfer
from appropriations for their offices to augment any
Yes, the Vice President may validly sit in the Cabi- item in the general appropriations law for their respec-
net as the President's Housing Czar. tive offices from savings in other items of their respec-
tive appropriations.
Under Section 3 of Article VII of the Constitution,
the Vice-President may be appointed as a Member of the It is therefore clear that said savings from the ap-
,jJ
Cabinet. Such appointment requires no confirmation. \t propriations for his office can be lawfully transferred to
it augment any item in the general appropriations law but
only to any office within his office, or the executive
B.
;~ branch. Therefore, the transfer of said savings re-
iJ quested by the COMELEC in its favor, being a cross-
The Executive Department has accumulated -~
substantial savings from its appropriations. Need- ;~,.
;;·.
border transaction, would be violative of the aforecited
ing P3,000,000.00 for the conduct of a plebiscite ,; constitutional provision as well as of the principle of
separation of powers. (Araullo v. Aquino, G.R. No.
for the creation of a new city but has no funds
appropriated soon by the Congress for the pur- 209287, July 1, 2014)
pose, the COMELEC requests the President to
transfer funds from the savings of the Executive VII
Department in order to avoid a delay in the hold-
ing of the plebiscite. Give the limitations on the power of the Con-
gress to enact the General Appropriations Act?
May the President validly exercise his power
under the 1987 Constitution to transfer funds !~]~ Explain your answer. (5%)
from the savings of the Executive Department,
and make a cross-border transfer of P3,000,000.00 ii The following are the limitations on the power of
the Congress to enact the General Appropriations Act -
to the COMELEC by way of augmentation? Is your .j,!
·::,.,
answer the same if the transfer is treated as aid to _,... l. No money shall be paid out of the Treasury ex-
the COMELEC? Explain your answer. (4%) cept in pursuance of an appropriation made by law.
(Constitution, Article VI, Section 29 [11 l
No, the President may not validly transfer funds 2. No public money or property shall be appro-
from the savings of the Executive Department in favor priated, applied, paid, or employed, directly or indi-
of b.e COMELEC by way of augmentation. Neither can rectly, for the use, benefit, or support of any sect,
334 POLITICAL LAW A:"\/D PlJBLIC INTER:-JATJONAL LAW BAR Q & A (2009-2019) 3,35

church, denomination, sectarian institution, or system the heads of Constitutional Commissions may, by law,
of religion, or of any priest, preacher, minister, or other be authorized to augment any item in the general np-
religious teacher, or dignitary as such, except when such propriations law for their respective offices from savings
priest, preacher, minister, or dignitary is assigned to the in other items of their respective appropriations. Ubid.,
armed forces, or to any penal institution, or government Article VI, Section 25 [5])
orphanage or leprosarium. (Ibid., Section 29 [2])
8, Discretionary funds_ appropriated for particu-
3. All appropriations bills shall originate exclu- lar officials shall be disbursed only for public purposes
sively in the House of Representatives (but the Senate to be supported by appropriate vouchers and subject to
may propose or concur with amendments) (Ibid., Section such guidelines as may be prescribed by law. (Ibid.,
24), and must be based on a budget of expenditures and Article VI, Section 25 [6])
sources of financing, including receipts from existing 'I·j•1

and proposed revenue measures, submitte.d to it by the ·i, 9. If, by the end of any fiscal year, the Congress
President (within thirty days from the opening of every shall have failed to pass the general appropriations bill
regular session). (Ibid., Article VII, Section 22) for the ensuing fiscal year, the general appropriations
law for the preceding fiscal year shall be deemed re-
4. The Congress may not increase the _appropria- enacted and shall remain in force and effect until the
tions recommended by the President for the operation of general appropriations bill is passed by the Congress.
the Government as specified in the budget. The form, (Ibid., Article VI, Section 25 [7])
content, and manner of preparation of the budget shall
be prescribed by law. (Ibid., Article VI, Section 25 [1]) VIII
J,l.
!;;•
5. No provision or enactment;; shall be embraced ~·1
_~.1
in the general appropriations bill uri.less it relates spe- A bank acquireq a large tract of land as the
cifically to some particular appropriation therein. Any highest bidder in the foreclosure sale of the mort-
such provision or enactment shall be limited in its op- !;~, gaged assets of its borrower. It appears that the
eration to the appropriation to which it relates. (Ibid., .'/I land has been originally registered under the
Article VI, Section 25 [2]) r11
Torrens system in 1922 pursuant to the provisions
Ji of the Philippine Bill of 1902, the organic act of
Ji
6. The procedure in approving appropriations for
,i., the Philippine Islands as a colony of the USA. Sec.
the Congress shall strictly follow the procedure for ap-
21 of the Philippine Bill of 1902 provided that "all
proving appropriations for other departments and agen- i~
cies. (Ibid., Article VI, Section 25 [3]) valuable mineral deposits in public lands in the
'%1 Philippine Islands, both surveyed and unsurveyed,
7. No law shall be passed authorizing any trans- are hereby declared to be free and open to explora-
fer of appropriations; however, the President, the Presi- ii
tion, occupation and purchase, and the land in
dent of the Senate, the Speaker of the House of Repre- which they are found to occupation and purchase,
sentatives, the Chief Justice of the Supreme Court, and by citizens of the United States, or of said Is-

j
ij
336 POLITICAL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 337

lands." Sec. 27 of the law declared that a holder of came effective, or even upon the effectivity of the 1935
the mineral claim so located was entitled to all Constitution, which provided for a similar limitation.
the minerals that lie within his claim, but he
Mining rights acquired under the Philippine Bill of
could not mine outside the boundary lines of his
1902 and subsisting prior to the effectivity of the 1935
claim.
and 1987 Constitutions should be considered as vested
The 1935 Constitution expressly prohibited rights that could not be impaired even by the Govern-
the alienation of natural resources except agricul- ment. (Republic v. Court of Appeals, Nos. L-43938, L-
tural lands. Sec. 2, Art. XII of the 1987 Constitu- 44081, L-44092, April 15, 1988, 160 SCRA 228, cited in
tion contains a similar prohibition, and proclaims Yinlu Bicol Mining Corporation u. Trans-Asia Oil and
that all lands of the public domain, waters, min- Energy Development Corporation, G.R. No. 207942,
erals, coal, petroleum, and other mineral oils, all January 12, 2015)
forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natu- IX
ral resources are owned by the State. This provi-
A.
sion enunciates the Regalian Doctrine.
May the Government, on the basis of the Re- Ambassador Robert of State Alpha committed
galian Doctrine enunciated in the constitutional a very serious crime while he headed his foreign
provisions, deny the bank its right as owner to the ~ mission in the Philippines. Is he subject to arrest
i}I
mineral resources underneath the surface of its by Philippine authorities? Explain your answer.
property as recognized under the .Philippine Bill ;l (3%)
of 1902? Explain your answer. (5%)
It is submitted that he may not be subject to arrest
No. for his "very serious crime."
The provisions of the Constitution should be given !~ This would be consistent with Article 31 of the Dip-
J lomatic Convention, which provides that "a diplomatic
only a prospective application unless the contrary is
clearly intended. Were the rule otherwise, rights al- ,Ji
;;.
agent shall enjoy immunity from the criminal jurisdic-
ready acquired or vested might be unduly disturbed or :i tion of the receiving state."
withdrawn even in the absence of an unmistakable in- It is a generally accepted principle of international
<{1-
tention to place them within the scope of the Constitu- law that the diplomatic agent shall be immune from
tion. ·;1:
such jurisdiction of the receiving state. This does not
"11
Accordingly, the mining claim under consideration '._:;.; mean that he can violate the local laws with impunity;
no longer formed part of the public domain when the on the contrary, he is expected to observe them meticu-
provisions of Article XII of the 1987 Constitution be- ;{~ lously as befits a person of his rank and prestige. If he
does not, he may not be punished for his offense by the
j
338 POL!TICAL LAW A.1\l'D PlBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 339

receiving state, but it can and usually will ask for his C.
recall. (Cruz and Cruz, International Law, 2020 Edition,
pages 251-252) The President signs an agreement with his
counterpart in another country involving redp-
B. rocity in the treatment of each country's nationals
residing in the other's territory. However, he does
Extradition is the process pursuant to a not submit the agreement to the Senate for con-
treaty between two State parties for the surren- currence.
der by the requested State to the custody of the Sec. 21, Art. VII of the Constitution provides
requesting State of a fugitive criminal residing in that no treaty or international agreement shall be
the former. However, extradition depends on the valid and effective without such concurrence.
application of two principles - the principle of
specialty and the dual criminality principle. Ex- Is the agreement signed by the President ef-
plain these principles. (4%) fective despite the lack of Senate concurrence?
Explain your answer. (4%)
Under the principle of specialty, a fugitive who is
extradited may be tried only for the crime specified in Yes, said agreement can be considered as an execu-
the request for extradition and included in the list of tive agreement, which would therefore not require the
offenses in the extradition treaty. (U.S. v. Rauscher, 119 concurrence of the Senate for its validity or effectivity.
U.S. 407, cited in Cruz and Cruz, International Law, (Bayan Muna v. Romulo, G.R. No. 159618, 1 February
2020 Edition, page 368) Under this :r:ule in international 2011, 641 SCRA 258-259; Saguisag v. Executiue
law, a Requested State sha.11 surrender to·a Requesting S_ecretaiy, G.R. No. 212426, January 12, 2016:i
State a person to be tried only for a criminal offense
specified in their treaty of extradition. (Government 'of'
Hongkong Special Administrative Region u. Munoz, G.R.
I X
A.
No. 207342, November 7, 2017)
On the other hand, the dual criminality principle Under the enrolled bill doctrine, the signing
requires that the act for which the extradition is sought of a bill by both the Speaker of the House of Rep-
must be punishable in both the requesting and the re- resentatives and the President of the Senate and
quested state. (Cruz and Cruz, International Law, 2020 the certification by the secretaries of both Houses
Edition, page 370; Government of' Hongkong Special of Congress that the bill was passed on a certain
Administrative Region v. Munoz, G.R. No. 207342, No- date are conclusive on the bill's due enactment.
vember 7, 2017) Assuming there is a conflict between the enrolled
bill and the legislative journal, to the effect that
340 POLITICAL LAW AND PUBI.JC INTERNATIONAL LAW BAR Q & A (2009-2019! 341

the enrolled bill signed by the Senate President Under Section 27 (1) of Article VI of the Constitu-
and eventually approved by the President turned tion, every bill passed by the Congress shall, when ap-
out to be different from what the Senate actually proved and signed by the President upon presentment of
passed as reflected in the legislative journal, the same to him, be considered as, by reason of said
approval and signing, having become a law, subject only
(a) May the Senate President disregard to the requirement of publication for its effectivity.
the enrolled bill doctrine and consider his
signature as invalid and of no effect? (2.5%) ;! Accordingly, the President may not thereafter nul-
lify the same by mere withdrawal of his signature. To
No. Iii allow him to do this would be violative of the principle of
separation of powers.
Under the Enrolled Bill Theory, the contents of an .jl
enrolled bill shall prevail over those of the journal in ): As earlier stated, to change it would require an
case of conflict. This is justified under the principle of amendment (or repeal) of said la:w. (Casco Chemical Co.
separation of powers. (Mabanag u. Lopez Vito, G.R. No. u. Ginienez, G.R. No. L-17931, February 28, 1963, 7
SCRA 374)
L-1123, March 5, 1947, 78 Phil. l; Astorga u. Villegas, Xi
.;fi
G.R. No. L-23475, April 30, 1974, 56 SCRA 714) An en-
yl:
rolled bill is conclusive not only of its provisions but also _;l B.
~-
of its due enactment. (Tolentino u. Secretary of Finance, ,>;,,

G.R. No. 115455, October 30, 1995, 235 SCRA 630; Sec. 26(2), Art. VI of the Constitution provides
Abakada Curo Party List u. Ermita, G.R. No. 168056 ·•~;; that no bill passed by either House of Congress
September 1, 2005) shall become a law unless it has passed three
readings on separate days and printed copies of it
It bears emphasis that the subject bill had already in its final form have been distributed to the
been "approved" by the President. Said approval has
Members of the House three days before its pas-
transformed the same into a law which therefore cannot sage.
be changed (or amended or repealed) with or by the
mere withdrawal of the signature by the Senate Presi- Is there an exception to the provision? Ex-
dent. To change it would require an amendment (or plain your answer. (3%)
repeal) of said law. (Casco Chemical Co. u. Gimenez, ·_;~,
~ Yes.
G.R. No. L-17931, February 28, 1963, 7 SCRA 374)
The exception is f9und in Section 26 (2) of Article
(b) May the President thereafter with-
draw his signature? Explain your answer.
(2.5%)
I VI of the Constitution, which prescribes that said re-
quirements may be dispensed with when the President
certifies to the necessity of its immediate enactment to
meet a public calamity or emergency, (Tolentino u. Sec-
No.
342 F'OLITIC:AL LAW AND PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 343

retary of Finance, G.R. No. 115455, October 30, 1995, 207264, June 25, 2013; Lico v. Commission on Elections,
235 SCRA 630) G.R. No. 205505, September 29, 2015)

XI XII
Sec. 17, Art. VI of the Constitution establishes The Congress establishes by law Philippine
an Electoral Tribunal for each of the Houses of Funds, Inc., a private corporation, to receive for-
Congress, and makes each Electoral Tribunal "the eign donations coming from abroad during na-
sole judge of all contests relating to the election, tional and local calamities and disasters, and to
returns, and qualifications of their respective enable the unhampered and speedy disburse-
Members." On the other hand, Sec. 2(1), C (Com- ;;
:·~i
ments of the donations through the mere action of
its Board of Directors. Thereby, delays in the re-
mission on Elections), Art. IX of the Constitution
grants to the COMELEC the power to enforce and 'i lease of the donated funds occasioned by the
administer all laws and regulations "relative to stringent rules of procurement would be avoided.
the conduct of an election, plebiscite, initiative, Also, the releases would not come under the ju-
referendum, and recall." risdiction of the Commission on Audit (COA).
Considering that there is no concurrence of
(a) Is the law establishing Philippine
jurisdiction between the Electoral Tribunals and
Funds, Inc. constitutional? Explain your an-
the COMELEC, state when the jurisdiction of the swer. (3%)
Electoral Tribunals begins, and the COMELEC's
jurisdiction ends. Explain your answer. (4%) It is submitted that said law is unconstitutional.
Ii: is established that, once a winning candidate has Said law creating the subject private corporation
been proclaimed, taken his proper oath, and assumed would be violative of the provisions of Section 16 of Arti-
office as a Member of the House of Representatives or of c1e XII of the Constitution, which prescribes that the
the Senate, the jurisdiction of the House of Representa- Congress shall not, except by general law, provide for
tives Electoral Tribunal and of the Senate Electoral the formation, organization, or regulation of private
Tribunal begins over election contests relating to his corporations. (Liban v. Gordon, G.R. No. 175352, Janu-
election, returns, and qualifications. Consequently, it ary 18, 2011, July 15, 2009)
would be at this point that the jurisdiction of the '
The purposes for the creation of this private corpo-
COMELEC to enforce and administer all laws and regu-
ration by the Congress, i.e., to receive and administer
lations "relative to the conduct of an electibn" ends. foreign donations coming from abroad during national
(Limkaich-:mg v. COMELEC, G.R. Nos. 178831-32, April and local calamities and disasters, cannot be invoked for
1, 2009, 583 SCRA 1; Reyes v. COMELEC, G.R. No.

1
344 POLITICAL LAW A1'-i'IJ PuBLIC INTERNATIONAL LAW BAH Q & A (2009-20191 346

purposes of allowing this breach of this constitutional perpetrator of the crime as his subordinate; b. the supe-
prohibition. rior knew or had reason to know that the crime was
about to be or had been committed; and c. the superior
(b) Can the Congress pass the law that failed to take the necessary and reasonable measures to
would exempt the foreign grants from the ju- prevent the criminal acts or punish the perpetrators
risdiction of the COA? Explain your answer. thereof." (Rodriguez u. Macapagal-Arroyo, G.R. No.
(3%) 191805, November 15, 2011; see also In the Matter of the
Petition for the Writ of Amparo and the Writ of' Habeas
No, it cannot. Data in Favor of Francis Saez u. Macapagal-Arroyo,
This would be violative of the provisions of Section ~) G.R. No. 183533, September 25, 2012, 681 SCRA 678,
i
3 of Article IX-D of the Ccnstitution, which prescribes citing Goiizales u. Abaya, G.R. No. 164007, August 10,
1 2006, 498 SCRA 445)
that no law shall be passed exempting any entity of the .~~
-,~
:N
Government or its subsidiary in any guise whatever, or
any investment of public ft:.nds, from the jurisdiction of :l (b) May the doctrine of command res-
the Commission on Audit. ponsibility apply to the President for the
abuses of the armed forces (AFP and PNP)
XIII given his unique role as the commander-in-
chief of all the armed forces? Explain your
Command responsibility pertains to the res- answer. (4%)
ponsibility of commanders for crimes committed
by subordinate members of the- armed forces or Pursuant to the doctrine of command responsibil-
other persons subject to their control in interna- ity, the President, as the Commander-in-Chief of the
tional wars or domestic conflicts. The doctrine i ,:\FP, can be held liable for affront against the peti-
tioner's rights to life, liberty and security as long as
has now found application in civil actions for hu-
man rights abuses, and in proceedings seeking substantial evidence exist to show that he or she had
the privilege of the writ of amparo. exhibited involvement in or can be imputed with knowl-
edge of the violations, or had failed to exercise necessary
(a) What are the elements to be estab- and reasonable diligence in conducting the necessary
lished in order to hold the superior or com- investigations required under the rules. Presidential
mander liable under the doctrine of command 1 immunity from suit exists only in concurrence with the
responsibility? (4%) president's incumbency. (Rodriguez L'. Macapagal A.1To-
yo, G.R. No. 191805, November 15, 2011, citing Estrado
The requisites of the doctrine of' command respon- u. Desierto, G.R. Nos. 146710-15, 146738, March 2, 2001,
sibility are "a. the existence of a superior-subordinate 353 SCRA 452)
relationship between the accused as superior and the ~i:
-~,
.))
,,Ji.I;)1
'.{fe
346 POLITICAL LAW AND PlJBLJC INTERNATIONAL LAW BAR Q & A (2009-2019) ,347

l.
The President, as Commander-in-Chief, can be held Roy a monthly stipend of P50,000.00 from his dis-
responsible or accountable for extrajudicial killings and .l cretionary fund, -and would also erect a modest
enforced disappearances in the context of amparo pro- house of worship in the locality in an area of the
ceedings on the basis of the doctrine of command re- latter's choice.
sponsibility. The President, being the commander-in-
chief of all the armed forces, is to be considered as nec- Does the President thereby violate any provi-
essarily possessing control over the military that quali- f:l- sions of the Constitution? Explain your answer.
(3%)
fies him as a superior within the purview of the doc-
trine. Moreover, he can be presumed to have knowledge Ji
Al It is submitted that this act of the President would
of the commission of irregularities, crimes or offenses
pertinent to said extrajudicial killings and enforced be violative of Section 29 (2) of the Constitution, which
disappearances. "Meanwhile, as to the issue of failure to provides• that no public money or property shaJl be ap-
prevent or punish, it is important to note that as the com- "'.t propriated, applied, paid, or employed, directly or incli-
mander-in-chief of the armed forces, the president has the rectly, for the use, benefit, or support of any sect.
power to effectively command, control and discipline the ] church, denomination, sectarian institution, or system
military." (Rodriguez u. Macapagal-Arroyo, G.R. No. of religion, or of any priest, preacher, minister, or other
191805, November 15, 2011; see also In the Matter of'the religious teacher, or dignitary as such, except when such
Petition for the Writ of' Amparo and the Writ of Habeas priest, preacher, minister, or dignitary is assigned to the
Data in Favor of Francis Saez u. Macapagal-Arroyo, armed forces, or to any penal institution, or government
orphanage or leprosarium.
G.R. No. 183533, September 25, 2012, 681 SCRA 678,
citing Gonzales u, Abaya, G.R. No. _16:1,007, August 10,
2006, 498 SCRA 445) xv
In amparo proceedings, "commanders may there-
A.
fore be impleaded-not actually on the basis of com-
mand responsibility-but rather on the ground of their According to Sec. 3, Art. VIII of the Constitu-
responsibility, or at least accountability." (Balao u. tion, the Judiciary shall enjoy fiscal autonomy.
Macapagal-Arroyo, G.R. No. 186050, December 13,
What does the te:rm fiscal autonomy signify? Ex-
2011, 662 SCRA 312) plain your answer. (3%)

XIV Fiscal autonomy contemplates a guarantee on full

flexibility to allocate and utilize their resources with the
To fulfill a campaign promise to the poor folk wisdom and dispatch that their needs require. It recog-
in a far-flung area in Mindanao, the President nizes the power and authority to levy, assess and collect
requested his friend, Pastor Roy, to devote his fees, fix rates of compensation not exceeding the highest
ministry to them. The President would pay Pastor rates authorized by law for compensation and pay plans
348 POLITICAL LAW AND Pl.JBLIC INTERNATIONAL LAW ;}'
BAR Q & A (2009-2019) 349

of the government and allo,::ate and disburse such sums

.~
Ji
,1 To grant such a complaint for disbarment would in
as may be provided by law or prescribed by them in the effect be to circumvent and hence to run afoul of the
course of the discharge of their functions. constitutional mandate that impeachable officers, such
Fiscal autonomy mear_s freedom from outside con- •'· as the Ombudsman, who are constitutionally required to
trol. ·-1 be lawyers, may be removed from office only by im-
peachment for and conviction of certain offenses listed
It vests in those expressly conferred with this pre- in Article XI (2) of the Constitution. (Cuenca u. Fernan:
rogative the independence and flexibility needed in the A.C. No. 3135, February 17, 1988, 158 SCRA 29)
discharge of their constitutional duties. The imposition '.J1
·',l,

of restrictions and constraints on the manner the inde- C,.

pendent constitutional offices allocate and utilize the :i1
)
funds appropriated for the:r operations is anathema to Sec. 3, Art. XI of the Constitution states that
fiscal autonomy and violative not only of the express "(n]o impeachme_nt proceedings shall be initiated
mandate of the Constitution but, especially as regards against the same·official more than once within a
the Supreme Court, of the :ndependence and separation period of one year."
of powers upon which the entire fabric of our constitu-
tional system is based. (Bengzon u. Drilon, G.R. No. What constitutes initiation of impeachment
103524, April 15, 1992, 208 SCRA 133) proceedings under the provision? (3%)

B. "Initiation of impeachment proceedings takes place

by the act of filing of the impeachment complaint and
May a complaint for disbarment against the referral to the House of Committee on Justice." 1Fmn-
Ombudsman prosper during her incumbency? cisco v. House of' Representatives, G.R. No. 160261, No-
Explain your answer. (3%) vember 10, 2003; Gutierrez v. The House of' Representa-
tives, G.R. No. 193459, February 15, 2011)
No. :ij
-:~
The rule is established that an impeachable officer ·::i
who is a member of the Bar cannot be disbarred without :{
first being impeached. (Marcoleta v. Borra, A.C. No.
7732, March 30, 2009; Jarque v. Ombudsman, A.C. No.
4509, December 5, 1995, 250 SCRA xi, In Re: Raul M.
Gonzales, A.M. No. 88-4-5433, April 15, 1988, 160 SCRA
771; Cuenca v. Fernan; A.C. No. 3135, February 17,
1988, 158 SCRA 29)

'J
J
\!
350 POLITICAL LAW AND PuBLlC INTERNATIONAL LAW BAR Q & A (2009-2019! 361

2018 (b) It violates the constitutional prohibi-

tion against involuntary servitude because it
I requires medical practitioners to render 48
hours of pro bono reproductive health ser-
ij vices which may be against their will.
Congress enacted a law to. provide Filipinos, il
especially the poor and the marginalized,. access (c) It violates the Freedom of Religion,
and information to a full range of modern family since petitioners' religious beliefs prevent
planning methods, including contraceptives, in- them from using· contraceptives, and that any
trauterine devices, inj ectibles, non-abortifacient State-sponsored procurement of contracep-
hormonal contraceptives, and family planning
il
';,
tives, funded by taxes, violates the guarantee
products and supplies, but expressly prohibited of religious freedom.
abortion. To ensure its objectives, the law made it
mandatory for health providers to provide infor- Rule on each of the above objections. (2.5%
mation on the full range of modern family plan- each)
ning methods, supplies and services, for schools
to provide reproductive health education, for (a) The framers of the Constitution did not intend
non-governmental medical practitioners to ren- to ban all contraceptives. Only contraceptives and de-
der mandatory 48 hours pro bono reproductive vices that kill or destroy the fertilized ovum should be
health services as a condition to Philhealth ac- deemed as an abortive and thus prohibited, since life
creditation, and for couples desiring to marry to j starts from conception or up<m fertilization. Conversely,
contraceptives and devices that actually prevent the
attend a family planning seminar prior to the is-
suance of a marriage license. It also punishes cer- union of the sperm and the ovum, and those that simi-
tain acts of refusals to carry out its mandates. The larly take place prior to fertilization should be deemed
non-abortive and constitutionally permissible.
spouses Aguiluz, both Roman Catholics, filed a ;,~
petition to declare the law as unconstitutional (b) The notion of involuntary servitude connotes
based on, among others, the following grounds: the presence of force, threats, intimidation, or other
means of coercion and compulsion. The assailed provi-
(a) It violates the right to life, since it sion only encourages private reproductive healthcare
practically sanctions abortion. Despite ex- service providers to render pro bona services. Other
press terms prohibiting abortion, petitioners than non-accreditation with Philhealth, no penalty is
claim that the family planning products and imposed. These health service providers also enjoy the
supplies oppose the initiation of life, which is liberty to choose which kind of health service they wish
a fundamental human right, and the sanction to provide. Clearly, there is no compulsion, force or
of contraceptive use contravenes natural law threat upon them to render the pro bono services
and is an affront to the dignity of man. against their will.
 l
\!
}

POLITICAL LAW AND PlJBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) ,353
352

(c) What is prohibited in the Constitution is the

establishment of a state religion. While the establish-
ment clause in the Constitution restricts what the gov-
'
1:
f

;~
•.'~
threats were committed), General Altamirano,
and several military men whom Agnes was able to
recognize during her ordeal. The Court, after
ernment can do with religion, it also limits what reli- finding the petition to be in order, issued the writ
gious sects can or cannot do with the government. They of amparo and the writ of habeas data and di-
can neither cause the government to adopt their par- rected the respondents to file a verified return on
ticular doctrine as policy for ev'eryone, nor can they the writs, and directed t4e Court of Appeals (CA)
cause the government to restrict other groups. To do so j
to hear the petition. The respondents duly filed
would cause the State to adhere to a particular religion, their return on the writs and produced the docu-
/i
and thus establish a state religion. (Imbong v. Ochoa, .;, ments in their possession. After hearing, the CA
G.R. No. 204819, April 8, 2014.) ruled that there was no more need to issue the
temporary protection orders since the writ
II of amparo had already been issued, and dismissed
the petition against President Amoyo on the
Agnes was allegedly picked up by a group of ground that he was immune from suit during his
military men headed by Gen. Altamirano, and was incumbency as President. Agnes appealed the CA
brought to several military camps where she was ruling to the Court. The appeal was lodged after
interrogated, beaten, mauled, tortured, and President Amoyo's term had ended.
threatened with death if she would not confess
her membership in the New People's Army (NPA) (a) Was the CA correct in saying that the
and point to the location of NP A camps. She suf- itl! writ of amparo rendered unnecessary the is-
'~
fered for several days until she was released after suance· of the temporary protection order?
;~
she signed a document saying that she was a (2.5%)
surenderee, and was not abducted or harmed by
the military. After she was released, and alleging Yes.
that her rights to life, liberty and security had The writ of amparo is an extraordinary and inde-
been violated and continued to be threatened by pendent remedy that provides rapid judicial relief, as it
violation of such rights, she filed with the Su- partakes of a summary proceeding and requires only
preme Court (the Court) a Petition for the Writs substantial evidence to make the appropriate interim
of Amparo and Habeas Data with prayers for and permanent reliefs to the petitioner. It serves both
Temporary Protection Orders, Inspection of preventive and curative reliefs in addressing extrajudi-
Place, and Production of Documents and Personal cial abduction and torture. Temporary protection orders
Properties. The case was filed against President are merely intended to assist the Court before it can
Amoyo (who was the President of the Philippines arrive at a judicious determination of the amparo peti-
when the abduction, beating, mauling and life tion. A temporary protection order, being an interim
354 POLITICAL LAW Al'-ID PtJBLIC INTERi."'ATIONAL LAW BAR Q & A (2009-2019! 355

relief, can only be granted before final adjudication on [Acceptable Answer: A simple majority vote of all uf the mem-
the amparo case is made. The privilege of the writ of bers of the Congress considering the principle to the effect that tax
exemptions are tu be strictly construed.]
amparo, once granted, already entails the protection of
the aggrieved party. Thus, since the writ of amparo was
(b) a declaration of the existence of a
already granted and issued, there is no more need to state of war;
issue a temporary protection order. (Yano v. Sanchez,
G.R. No. 186640, Februaryll, 2010; Rodriguez v. Maca- Two-thirds of all members of Congress, voting sepa-
pagal-Arroyo, G.R. Nos. 191805 & 193160, November rately. (Article VI, Section 23, 1)
15, 2011)
(c) the amendment of a constitutional
(b) Will the President's immunity from provision thro'ugh a constituent assembly;
suit continue even after his term has ended,
considering that the events covered by the The approval of the constitutional amendment can
Petition took place during his term? (2.5%) be effected with a majority of the votes cast in a plebi-
scite. (Article XVII, Section 1, 1) The approval of the
No. The presidential immunity from suit exists proposal to amend would be valid upon a vote of three-
only in concurrence with the President's incumbency. A fourths of all the Members of the Congress. (Article
non-sitting President cannot claim immunity even if the XVII, Section 4) '
acts complained of were committed while he was still a
sitting President. The reason for this is that if the im- (d) the resolution of a tie in a presiden-
munity is not granted while he is in office, he might be tial election; and
ll
spending all his time in attending-to· litigations. After
!11
his term, he can already attend to them. (Estrada v. A majority of all the members of both Houses of
Desierto, G.R. Nos. 146710-15, 146738, April 3, 2001; Congress, voting separately. (Article VII, Section 4)
Rodriguez v. Macapagal-Arroyo, G.R. Nos. 191805 &
193160, November 15, 2011) (e) the extension of the period for the
suspension of the privilege· of the writ of ha-
III beas corpus?

What and whose vote is required for the f~l- The Congress, voting jointly, by a vote of at least a
lowing acts: (2% each) majority of all its Members in regular or special session.
(Article VII, Section 18)
(a) the repeal of a tax exemption law;

A majority of all the members of Congress. (Article

VI, Section 28, 4)
356 POLITICAL LAW Ac"ID PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 357

IV V

The Province of Amaya is one of the smallest State whether or not the following acts are
provinces in the Philippines with only one legisla- constitutional: (2% each)
tive district composed of four municipalities: Uno,
Dos, Tres, and Cuatro. (a) A law prescribing as qualifications
Andres, a resident and registered voter of for appointment to any court lower than the
Cuatro municipality, ran and was elected as Supreme Court, Philippine citizenship,
11 whether natural-born or naturalized, 35 years
member of the Sangguniang Panlalawigan (SP) of
Amaya in the 2010 and 2013 local elections. of age on the date of appointment, and at
least eight years as a member of the Philip-
While Andres was serving his second term as pine Bar;
SP member, a law was enacted re-apportioning
the four towns of Amaya into two legislative dis- The law prescribing as a qualification for appoint-
tricts: Uno and Dos comprising the First District, ment to any lower court mere Philippine citizenship,
and Tres and Cuatro comprising the Second Dis- whether natural-born or naturalized, would be unconsti-
trict. tutional with respect to appointments to collegiate
courts (CA, CTA, Sandiganbayan) because all appoint-
In the 2016 local elections, Andres ran and ees to these courts must be natural-born citizens. (Con-
was elected as member of the SP of Amaya repre- stitution, Article VIII, Section 7)
senting the Second District.
- .
Andres seeks your legal advice regarding his (b) A law requiring all candidates for na-
intention to run as a member of the SP of Amaya tional or local elective offices to be college
for the Second District in the next local elections degree holders;
in 2019. What will you advise Andres? (2.5%)
The law requiring all candidates for national or lo-
He is not eligible. This involves a question of the cal elective offices to be college degree holders should be
application of the three-term limit rule upon local elec- considered as unconstitutiMal with respect to national
tive officials in renamed and/or reapportioned districts. elective offices because it is not one of the qualifications
A provincial board member cannot be elected and serve specifically required for these offices. The qualifications
for more than three consecutive terms. The clear intent for these positions under the Constitution are exclusive
of the framers of the Constitution was to limit the term in character and the Congress would be incompetent to
to three consecutive elections to the same position. (Na- prescribe this requirement as an additional qualification
val u. COMELEC, G.R. No. 207851, July 8, 2014). for candidates for national elective office. This addi-
tional requirement would, however, be valid with re-
 1
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:,'

>
.:,

),
358 POLITICAL LAW A.'-,'D PuBLIC lNTERc'\!AT!ONAL LAW BAR Q & A (2009-2019) 3;39

spect to candidates for local elective posts. (Social Jus- sion on Elections (Comelec), was proclaimed as
tice Society u. Dangerous Drugs Board, 570 SCRA 410) one of the winning party-list groups in the last
national elections. Its first nominee, Alejandro,
(c) The designation by the President of assumed office as the party-list representative.
an acting Associate Commissioner of the Civil
Service Commission; About one year after Alejandro assumed of-
fice, the Interim Central Committee of Ang Araw
Such designation is unconstitutional because the expelled Alejandro from the party for disloyalty
Constitution provides that no person shall be appointed and replaced him with Andoy, its second nominee.
or designated in any of the constitutional commissions Aleja.ndro questioned before the Comelec his ex-
in a temporary or acting capacity. (Articles IX-B, Sec- pulsion and replacement by Andoy.
tion 1(2), IX-C, Section 1(2) and IX-D, Section 1(2)) The Comelec considered Alejandro's petition
as an intra-party dispute which it could resolve as
(d) The appointment by the President as an incident of its power to register political par-
Deputy Ombudsman of a lawyer who has been ties; it proceeded to uphold the expulsion.
engaged in the practice of law for five years;
and Is the Comelec's ruling correct? (5%)

The appointment can be upheld because only the No, the Commission on Elections is not correct. It
Ombudsman is required under the Constitution to have should dismiss Alejandro's petition for lack of jurisdic-
been engaged in the practice oflaw for at least ten years tion.
prior to his appointment. (Article XI,-Section 8) The petition questioning Alejandro's expulsion and
the succession of the second nominee as party-list repre-
(e) The nomination by a national party- sentative is a disqualification case because it relates to
list of a person who is not one of its bona fide the question of unseating Alejandro, who is already a
members. Member of the House of Representatives.
The nomination is invalid because nominees of na- Section 17, Article VI of the 1987 Constitution en-
tional parties must be bona fide members of such par- dows the HRET with jurisdiction to resolve questions on
ties (Atong Paglaum u. Commission on Elections, 694 the qualification of members of Congress. In the case of
SCRA 477) party-list representatives, the HRET acquires jurisdic-
tion over a disqualification case upon proclamation of
VI the winning party-list group, oath of the nominee, and
assumption of office as member of the House of Repre-
Ang Araw, a multi-sectoral party-list organi- sentatives. In this case, the COMELEC proclaimed Ang
zation duly registered as such with the Commis- Araw as a winning party-list group; Alejandro took his
 ir
t~
{,')

J
360 POLITICAL LAW Al'-.'D PUBLIC INTERNATIONAL LAW BAR Q & A (2009-20191 361

l
oath and he assumed office in the House of Representa- (a) Based on the allegations of the par-
tives. Thus, it is the BRET, and not the COMELEC, ties, is there sufficient ground to cancel Ana-
that has jurisdiction over this disqualification case. (See cleto's CoC? (2.5%)
Lico vs. Commission on Elections, G.R. No. 205505, Sep-
tember 29, 2015) The sole act of using a foreign passport does not di-
vest Anacleto of his Filipino citizenship which he ac-
.,;i···
vu <
quired by repatriation. However, by representing him-
self as a Spanish citizen, Anacleto voluntarily and effec-
The 2016 mayoralty race in the City of Arda- tively reverted to his earlier status as a dual citizen.
nia included Arnaldo and Anacleto as contenders. Such reversion was not retroactive; it took place the
instant Anacleto represented himself as a Spanish citi-
Arnaldo filed a petition with the Comelec to
zen by using his Spanish passport. He is thus disquali-
cancel Anacleto's Certificate of Candidacy (CoC)
fied for being a dual citizen, and his CoC should be can-
for misrepresenting himself as a Filipino citizen.
celled. (Macquiling v Comelec, G.R. No. 195649, April
Arnaldo presented as evidence a copy of Ana- 16, 2013)
cleto's Spanish passport and a certification from
the Bureau of Immigration (Bl) showing that Ana- (b) In case Anacleto's CoC is properly
cleto used the same passport several times to cancelled, who should serve as mayor of Ar-
travel to and from Manila and Madrid or Barce- dania City: Arnaldo, who obtained the second
lona. highest number votes, or Andrea, the duly-
In his Comment, Anacleto cl~imed that, a year elected Vice Mayor of the City? (2.5%)
prior to filing his CoC, he had complied with all
the requirements of R.A. No. 9225 (Citizenship The rule on succession would not apply if the per-
Retention and Re-acquisition Act of 2003) to reac- manent vacancy was caused by one whose certificate of
quire his Philippine citizenship by taking an oath candidacy was void ab initio. Specifically with respect to
of allegiance and executing a sworn renunciation dual citizens, their certificates of candidacy are void ab
of his Spanish citizenship. He defended the use of initio because they possess "a substantive [disqualifying
his Spanish passport subsequent to taking his circumstance] ... [existing] prior to the filing of their
oath of allegiance to the Philippines as a practical certificate of candidacy." Legally, they should not even
necessity since he had yet to obtain his Philippine be considered candidates. The votes cast for them
passport despite reacquiring his Philippine citi- should be considered stray .and should not be counted.
zenship. Even after he secured his Philippine In cases of \'.acancies caused by those with void ab
passport, he said he had to wait for the issuance initio certificates of candidacy, the person legally enti-
of a Schengen visa to allow him to travel to Spain tled to the vacant position would be the candidate who
to visit his wife and minor children. garnered the next highest number of votes among those
362 POLITICAL LAW AND PuELIC INTER.NATIONAL LAW BAR Q & A (2009-2019) 363

eligible; in this case, it was Arnaldo. (Chua u Comelec, have first been heard and resolved by one of the
G.R. No. 216607, April 5, 2016) Comelec's Divisions.
Are Anselmo and Ambrosio correct? (5%)
VIII
Anselmo is incorrect.
Two petitions for the cancellation of Certifi-
cate of Candidacy (CoC)/Denial of Due Course While it may be true that Section 3, Article IX-C of
were filed with the Comelec against two candi- the 1987 Philippine Constitution requires cases filed
dates running as municipal mayors of different with the Commission on Elections to be first "heard and
towns. decided in division," and that only motions for reconsid-
eration of said decisions shall be decided by the Com-
The first petition was against Anselmo. Years mission en bane, said constitutional provision, requiring
ago, Anselmo was charged and convicted of the a motion for reconsideration before the COMELEC en
crime of rape by final judgment, and was sen- bane may take action, is confined only to cases where
tenced to suffer the principal penalty of reclusion the COMELEC exercises its quasi-judicial power. It
perpetua which carried the accessory penalty of finds no application in -matters concerning the COME-
perpetual absolute disqualification. While Ansel- LEC's exercise of administrative functions.
mo was in prison, the President commuted his
While the denial of due course to and/or cancella-
sentence and he was discharged from prison.
tion of one's CoC generally necessitates the exercise of
The second petition was against Ambrosio. the COMELEC's quasi-judicial functions commenced
Ambrosio's residency was questioned because he through a petition based on either Sections 1220 or 7821
was allegedly a "green card holder," i.e., a perma- of the Omnibus Election Code (OEC), or Section 4022 of
nent resident of the US, as evidenced by a certifi- the LGC, when the grounds therefor are rendered con-
cation to this effect from the US Embassy. clusive on account of final and executory judgments - as
Acting on the recommendations of its Law when a candidate's disqualification to run for public
Department, the Comelec en bane motu proprio office is based on a final conviction - such exercise falls
issued two resolutions granting the: petitions within the COMELEC's administrative functions, as in
this case. The Comelec merely performed its duty to
against Anselmo and Ambrosio.
enforce and administer election laws in canceling peti-
Both Anselmo and Ambrosio filed separate tioner's CoC on the basis of his perpetual absolute dis-
petitions with the Supreme Court assailing the qualification, the fact of which had already been estab-
resolutions cancelling their respective CoCs. Both lished by his final conviction. In this regard, the
claimed that the Comelec en bane acted with COMELEC en bane was exercising its administrative
grave abuse of discretion amounting to lack or functions, dispensing with the need for a motion for
excess of jurisdiction because the petitions should reconsideration of a division ruling under Section 3,
364 POLITICAL LAW Ai'\'D PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 365

Article IX-C of the Constitution, the same being re- needed to perform an act to perfect her Philip-
quired only in quasi-judicial proceedings. (Jalosjos us. '}{
pine citizenship.
Commission on Elections, G.R. No. 205033, June 18, ti;:,"
2013) Hence, they claimed that Agripina could not
be considered a natural-born citizen. Agripina
On the other hand, Ambrosio is correct that the pe- raised the defense that, having complied with the
tition for the cancellation of his CoC should have been requirements of R.A. No. 9225, she had reac-
first heard and resolved by the Comelec Division. Can- quired, and was deemed never to have lost, her
cellation proceedings involve the COMELEC's quasi- Philippine citizenship.
judicial functions. The Constitution mandates the '
COMELEC, in the exercise of its adjudicatory or quasi- Is Agripina disqualified to run for Congress
judicial powers, to hear and decide cases first by division for failing to meet the citizenship requirement?
and, upon motion for reconsideration, by the COMELEC (2.5%)
en bane. (Bautista u Comelec, G.R. Nos. 154796-97, Oc-
tober 23, 2003) Agripina is eligible to run as member of Congress.
Repatriation results in the recovery of a person's origi-
nal nationality. This means that a naturalized Filipino
IX
who lost his citizenship will be restored to his prior
In 1990, Agripina migrated to Canada and ac- status as a Filipino citizen. If she were originally a
quired Canadian citizenship. natural-born citizen before she lost her Philippine_citi-
zenship, she would be restored to her former status as a
In 2008, Agripina retired and returned to the natural-born Filipino. (Bengson III us. HRET, 409 Phil.
Philippines to permanently reside in her home- 633; see also Parreno us. Commission on Audit, 551 Phil.
town of Angeles, Pampanga. A month after return- 368, and Tabasa us. Commission on Elections, G.R. Nos.
ing to the Philippines, Agripina took her oath of 221697 & 221698-700, March 8, 2016])
allegiance and executed a sworn renunciation of
RA 9225 makes a distinction between those natu-
her Canadian citizenship in accordance with R.A.
ral-born Filipinos who became foreign citizens before
No. 9225.
and after the effectivity of RA No. 9225. For those who
In 2009, Agripina filed her certificate of can- were naturalized in a foreign country, they shall be
didacy for Congress for the 2010 elections. Agrip- deemed to have reacquired their Philippine citizenship
ina's political rivals lost no time in causing the which was lost pursuant to CA 63. In the case of those
filing of various actions to question her candi- who became foreign citizens after RA 9225 took effect,
dacy. They questioned her eligibility to run as they shall retain Philippine citizenship despite having
member of Congress. Since Agripina had to take acquired foreign citizenship provided they take the oath
an oath under R.A. No. 9225, it meant that she of allegiance under the new law.
 .,

366 POLITICAL LAW AND PUBLIC lNTER."JATIONAL LA..W BAR Q & A (2009-2019) 367

~
Considering that petitioner was naturalized as a
Canadian citizen prior to the effectivity of RA 9225, she /J
~ erning the exercise of this power are within the powers
of the Supreme Court to promulgate. The law therefore
belongs to the first category of natural-born Filipinos is an encroachment into the Court's rule-making po,ver.
who lost their Philippine citizenship by naturalization (Carpio-Morales u CA, G.R. Nos. 217126-27, November
in a foreign country, under the first paragraph of Section 10, 2015)

.!.
3. As the new law allows dual citizenship, she was able
to reacquire her Philippine citizenship by taking the i
(c) A law prohibiting any appeal from
required oath of allegiance (Dauid us. Agbay, G.R. No.
;
the decision or final order of the Ombudsman
199113).
1
in an administrative proceeding, except
·.1
.'i through a petition for review on certiorari
X
.~ filed before the Supreme Court.

Ascertain the constitutionality of the follow- lI The law is unconstitutional. In Fabian u. Desierto
ing acts: (2.5% each) ;j,,; (G.R. No. 129742, September 16, 1998), the Court in-
validated Section 27 of R.A. No. 6770 insofar as it pro-
(a) An investigation conducted by the vided for appeal by certiorari under Ru]e 45 from the
Ombudsman against a Commissioner of the decisions or orders of the Ombudsman in administrative
Commission on Audit for serious misconduct. cases. Section 27 of R.A. No. 6770 had the effect, not
only of increasing the appellate jurisdiction of this Court
The act is constitutional. Although a Commissioner without its' advice and conc'i.irrence in violation of Sec-
of any of the Constitutional Commissions is removable tion 30., Article VI of the Constitution, it was also incon-
only through impeachment, this rule does not preclude sistent. with Section 1, Rule 45 of the Rules of Court
the Ombudsman from conducting an investigation into which provides that a petition for review on certiorari
the alleged serious misconduct committed by impeach- shall apply only to a review of "judgments or final orders
able officials for the purpo;;e of filing a verified com- of the Court of Appeals, the Sandiganbayan, the Court
plaint for impeachment. (Section 22, RA 6770; Carpio- of Tax Appeals, the Regional Trial Court, or other courts
Morales u. CA, G.R. Nos. 217126-27, November 10, authorized by law." In the absence of concurrence by the
2015) Supreme Court, such a law would be unconstitutional.

(b) A law prohibiting any court, other XI

than the Supreme Court, from issuing a writ
of injunction against an investigation being Under Section 6 of Article V (on Criminal Ju-
conducted by the Ombudsman. risdiction) of the Visiting Forces Agreement
(VFA), the custody of a United States (US) per-
The law is unconstitutional. The power to issue in- sonnel who becomes subject to criminal prosecu-
junctive writs is part of judicial power. The rules gov-
 l
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368 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 369

tion before a Philippine court shall be with the US immunity given to such bodies as visiting foreign armed
military authorities, if the latter so requests. The forces.
custody shall begin from the commission of the
Nothing in the Constitution prohibits such agree-
offense until the completion of all judicial pro- ments recognizing immunity from jurisdiction or some
ceedings. However, when requested, the US mili- aspects of jurisdiction (such as custody), in relation to
tary authorities shall make the US personnel long-recognized subjects of s.uch immunity like Heads of
available to Philippine authorities for any inves- State, diplomats a.nd members of the armed forces con-
tigative or judicial proceeding relating to the of- tingents of a foreign State allowed to enter another
fense with which the person has been charged. In State's territory. · On the contrary, the Constitution
the event that the Philippine judicial proceedings states that the Philippines adopts the generally ac-
are not completed within one year, the US shall cepted principles of international law as part of the law
be relieved of any obligation under Section 6, of the land. (Art. II; Sec. 2)
The constitutionality of Section 6, Article V of Neither is the equal protection clause violated be-
the VFA is challenged on two grounds: (1) it nulli- cause there is a substantial basis for a different treat-
fies the exclusive power of the Supreme Court to ment of foreign military armed forces allowed to enter
adopt rules of procedure for all courts in the Phil- our territory and all other accused. (Nicolas vs. Romulo,
ippines; and (2) it violates the equal protection G.R. No. 175888, February 11, 2009)
clause to the extent that it allows the transfer of
the custody of an accused to a foreign power as XII
providing a different rule of procedure for that
accused. - · Section 9 of P.D. No. 1606, as amended, pro-
Rule on the challenge. (5%) vides that the Sandiganbayan may adopt internal
rules governing the allotment of cases among its
The challenge is without merit. divisions, the rotation of justices among them,
and other matters relating· to the internal opera-
The rule in international law is that foreign armed tions of the court.
forces allowed to enter one's territory are immune from
local jurisdiction, except to the extent agreed upon. As a Section 6 of Article IX-A of the Constitution
result, the situation involved is not one in which the allows each of the Con·3titutional Commissions
power of the Supreme Court to adopt rules of procedure "en bane [to] promulgate its own rules concerning
is curtailed or violated. Rather, it is one in which, as is pleadings and practice before it or before any of
normally encountered around the world, the laws (in- its offices. Such rules however shall not diminish,
cluding rules of procedure) of one State do not extend or increase, or modify substantive rights."
apply except to the extent agreed upon, to subjects of
another State due to the recognition of extraterritorial
 ';;1

:1

370 POLITICAL LAW Ac'-iD PuBLIC INTERNATIONAL LAW

!j
J
BAR Q & A (2009-2019) .371
l
Section 16(3) of Article VI of the Constitution j XIII
states that "Each House may determine the rules j
':1.l
of its proceedings." Section 21, Article VI of the ~I
POI Adrian Andal is known to have taken
Constitution further provides that "The Senate or bribes from apprehended motorists who have vio-
the House of Representatives or any of its respec- lated traffic rules. The National Bureau of Inves-
tive committees may conduct inquiries ... in accor- tigation conducted an entrapment operation
dance with its duly published rules of procedure." where POI Adrian was caught red-handed de-
Finally, Section 3(8) of Article XI of the Con- manding and taking PhP500.00 from a motorist
who supposedly beat a red light.
stitution declares that "The Congress shall prom-
ulgate its rules on impeachment to effectively After he was apprehended, POI Adrian was
'j
carry out the purposes of this section." required to submit a sample of his urine. The drug
Are the rules promulgated pursuant to these
Ij test showed that h~ was positive for dangerous
provisions subject to review and disapproval by drugs. Hence, POI Adrian was charged with viola-
the Supreme Court? (5%)

Section 5(5] of Article VIII of the Constitution

l
.l
~
tion of Section 15, Article II of R.A. No. 9165 or the
Comprehensive Dangero(!.s Drugs Act of 2002.
POI Adrian argues against the admissibility
clearly provides that the "Rules of procedure of special of the urine test results and seeks its exclusion.
courts and quasi-judicial bodies shall remain effective He claims that the mandatory drug test under
unless disapproved by the Supreme Court." Accordingly, R.A. No. 9165 is a violation of the accused's right
it is clear that the Supreme Court ~1ay review and re- to privacy and right against self-incrimination.
verse the rules of procedure of the-Sandiganbayan and
the Constitutional Commissions. Are POI Adrian's contentions correct? (2.5%)
With respect to the ruh,s of procedure of Congress POl Adrian is correct that his rights to privacy and
in its proceedings, legislative inquiries and on im- against self-incrimination have been violated. The re-
peachment, while these rules may be generally consid- sults of the "confirmatory" urine test should therefore be
ered as political questions, when questioned before the rejected as evidence against him.
courts in a proper case, they would nevertheless be sub-
ject to the power of judicial review under the second It should be noted that RA 9165 allows the conduct
paragraph of Section 1, Article VIII of the Constitution, of urine tests only for persons arrested for acts prohib-
which authorizes it to review and annul all acts of any ited under said law, such as, among others, the manu-
branch or instrumentality of the government which may facturing, sale, use or possession of illegal drugs, and
be tainted with grave abuse of discretion amounting to not for any unlawful act, like extortion, for which POl
lack or excess of jurisdiction Adrian was arrested. (De la Cruz vs. People, G.R. No.
200748, July 23, 2014)
372 POLITICAL LAW AND PUBLIC INTER.t'\'ATIONAL LAW BAR Q & A (2009-2019) 373

XIV
xv
Amoroso was· charged with treason before a
Annika sued the Republic of the Philippines,
military court martial. He was acquitted.
represented by the Director of the Bureau of
He was later charged with the same offense Plant Industry, and asked for the revocation of a
before a Regional Trial Court. He asks that the deed of donation executed by her in favor of said
information be quashed on the ground of double Bureau. She alleged that, contrary to the terms of
jeopardy. the donation, the donee failed to install lighting
The prosecution objects, contending that for 'i facilities and a water system on the property do-
purposes of double jeopardy, the military court nated, and to build an office building and parking
martial cannot be considered as a "competent lot thereon, which should have been constructed
court." and made ready for occupancy on or before the
date fixed in the deed of donation.
Should the Regional Trial Court grant Amor-
oso's motion to quash on the ground of double The Republic invoked state immunity and
jeopard:y? (2.5%) moved for the dismissal of the case on the ground
that it had not consented to be sued. Should the
Yes, the Motion to Dismiss should be granted. Republic's motion be granted? (2.5%)

A defendant, having been acquitted of a crime by a The motion should be denied.

court martial of competent jurisdiction proceeding under
lawful authority cannot be subsequently tried for the The doctrine of governmental immunity from suit
same offense in a civil court. cannot serve as an instrument for perpetrating an injus-
tice on a citizen. Here, the alleged failure to abide by
It appearing that the offense charged in the Court the conditions under which a donation was given should
Martial and in the Regional Trial Court is the same, not prove an insuperable obstacle to a civil action, the
that the military court had jurisdiction to try the case
and that both courts derived their powers from one sov-
ereignty, the acquittal by the military court should be a
bar to Amoroso's further prosecution for the same of-
.I·:'
'
.'
consent likewise being presumed when the State en-
tered into a contract. Under the circumstances, the
fundamental postulate of non-suability of the state can-
not stand in the way. (Santiago us. Republic, G.R. No. L·
fense in the Regional Trial Court. (Crisologo us. People, 48214, December 19, 1978)
G.R. No. L-6277, February 26, 1954)
XVI

Five foreign nationals arrived at the NAIA

from Hong Kong. After retrieving their checked-in

'_j
(}
374 POLITICAL. LAW AND Pu13LIC INTERNATIONAL LAW BAR Q & A (2009-2019) 375

luggage, they placed all their bags in one push- accused were foreign natior1als does not preclude appli-
cart and proceeded to Express Lane 5. They were cation of the exclusionary rule because the constitu-
instructed to place their luggage on the exam- tional guarantees embodied in the Bill of Rights are
iner's table for inspection. given and extend to all persons, both aliens and citizens.
The examiner found· brown-colored boxes, (People us. Wong Chuen Ming, G.R. :'Jos. 112801-11,
April 12, 1996)
similar in size to powdered milk b9xes, under-
neath the clothes inside the foreigners' bags. The
examiner discovered white crystalline substances XVII
inside the boxes that he inspected and proceeded
to bundle all of the boxes by putting masking tape The police served a warrant of arrest on Aris-
around them. He thereafter handed the boxes ton who was suspected of raping and killing a
female high school student. While on the way to
over to Bureau of Customs agents. The agents
called out the names of the foreigners one by one the police station, one of the police officers who
served the warrant asked Ariston in the local dia-
and ordered them to sign their names on the
lect if he really raped and killed the student, and
masking tape placed on the boxes recovered from
their respective bags. The contents of the boxes Ariston nodded and said, "Opo." Upon arriving at
the police station, Ariston saw the City Mayor,
were thereafter subjected to tests which con•
whom he approached and asked if they could talk
firmed that the substance was shabu.
privately. The Mayor led Ariston to his office and,
Can the shabu found inside the boxes be ad- while there in conversation with the Mayor, Aris-
mitted in evidence against the five foreigners for ton broke down and admitted that he raped and
the charge of illegal possession of drugs ih viola- killed the student. The Mayor thereafter opened
tion of the Comprehensive Dangerous Drugs Act the door of the room to let the public and media
of 2002? (2.5%) representatives witness Ariston's confession. In
the presence of the Mayor, the police and the me-
No, those boxes containing the shabu are inadmis- dia, and in response to questions asked by some
sible in evidence against them. members of the media, Ariston sorrowfully con-
The signatures of the accused on the boxes consti- fessed his guilt and sought forgiveness for his ac-
tute tacit admissions of the crime charged and are tan- tions.
tamount to uncounselled extra-judicial confessions
Which of these extrajudicial confessions, if
which are not sanctioned by the Bill of Rights (Section
any, would you consider as admissible in evidence
12[1] and [3), Article III, 1987 Constitution). They are, against Ariston? (5%)
therefore, inadmissible as evidence for any admission
wrung from them in violation of their constitutional Ariston was already under custodial investigation
rights is inadmissible against them. The fact that all when he confessed to the police. It is admitted that the
 .,
·]
l
1
:I
<I

,j!

376 POLITICAL LAW A_\'\;1) PuoLIC INTERNATIONAL LAW

i:,j'
B.-\1{ Q & A (2009-20191 377
',)
'j
police failed to inform him of his constitutional rights
when he was investigated and interrogated. His confes-
sion to the police is therefore inadmissible in evidence.
l;

·.J)
The bag containing the ransom money was
placed inside an unlocked trunk of a car which
was parked at the Angola Commercial Center in
Mandaluyong City.
However, his confession before the mayor is admis-
sible. While it may be true that a mayor has "opera- The first police team, stationed in an area
tional supervision and control" over the local police and near where the car was parked, witnessed the
may arguably be deemed a law enforcement officer for retrieval by the kidnappers of the bag from the
purposes of applying Section 12(1) and (3) of Article III unlocked trunk. The kidnappers thereafter
of the Constitution, Ariston's confession to the mayor, as boarded their car and proceeded toward the di-
described in the problem, was not made in response to rection of Amorsolo St. in Makati City where the
any interrogation by the latter. In fact, the mayor did second police team was waiting.
not appear as having questioned Ariston at all. No po-
1ice authority ordered Ariston to talk to the mayor. It Upon confirmation by radio report from the
was he himself who spontaneously, freely and voluntar- first police team that the kidnappers were head-
ily sought the mayor for a private meeting. The mayor ing towards their direction, the second police
did not know that he was going to confess his guilt to team proceeded to conduct surveillance on the
him. When he talked with the mayor as a confidant and car of the kidnappers, eventually saw it enter
not as a law enforcement officer, his uncounselled con- Ayala Commercial Center in Makati City, and the
fession to the Mayor did not violate his constitutional police team finally blocked it when it slowed
rights. down. The members of the second police team
approached the vehicle and proceeded to arrest
His confession to the media can llkewise be prop- the kidnappers.
erly admitted. The confessions were made in response to ;J
questions by news reporters, not by the police or any ~ Is the warrantless arrest of the kidnappers by

~
other investigating officer. Statements spontaneously the second police team lawful? (5%)
made by suspects to news report:ers during televised
interviews are deemed voluntary and are admissible in 1i The warrantless arrest is lawful.
;j
evidence. (People vs. Andan, G.R. No. 116437, March 3, J There are two requirements before a warrantless
ii
1997) }
arrest can be effected under Section 5(b), Rule 113,
Rules of Court: (1) an offense has just been committed,
XVIII and (2) the person making the arrest has personal
knowledge of facts indicating that the person to be ar-
Two police teams monitored the payment of ·I
l rested has committed it.
ransom in a kidnapping case. ;\j
j . Both requirements are present in the instant case.
The first police team present-in the Angola Commercial
 POLITICAL LAW .1>,.i's1) PUBUC lNTERNATlONAL LAW
BAR Q & A (2009-2019) 379
378

Center was able to witness the pay-off which effectively (b) Can Anastasia run as President in
consummated the crime of :-(idnapping. Its team mem- the next election? (2.5%)
bers all saw the kidnappers take the money from the car
trunk. Such knowledge was then relayed to the other Yes, Anastacia can still run as Pl'esident in the next
police officers comprising the second police team sta- election since she has served for less than four years.
tioned in Amorsolo St. where the kidnappers were ex- Section 4, Article VII of the Constitution provides that
"no person who has succeeded as President and has
pected to pass.
served as such for more than four years shall be quali-
It is sufficient for the arresting team that they were fied for election to the same office at any time."
monitoring the pay-off for a number of hours long
enough for them to be infonned as to who the kidnap- xx.
pers were. This is equivalent to personal knowledge
based on probable cause. (People us. Uyboco, G.R. No. Andreas and Aristotle are foreign nationals
178039, January 19, 2011) working with the Asian Development Bank (ADS)
in its headquarters in Manila. Both were charged
XIX with criminal acts before the local trial courts.
President Alfredo died during his third_ year Andreas was caught importing illegal drugs
in office. In accordance with the Constitution, into the country as part of his "personal effects"
Vice President Anastasia succeeded him. Presi- and was thus charged with violation of Compre-
dent Anastasia then nominated the late President hensive Dangerous Drugs Act of 2002. Before the
Alfredo's Executive Secretary, A:e.na Maria, as_her criminal proceedings could commence, the Presi-
replacement as Vice President. The nomination dent had him deported as an undesirable alien.
was confirmed by a majority of all the Members of Aristotle was charged with grave oral defamation
the House of Representatives and the Senate, vot- for uttering defamatory words against a colleague
ing separately. at work. In his defense, Aristotle claimed diplo-
matic immunity. He presented as proof a commu-
(a) Is Anna Maria's assumption as Vice nication from the Department of Foreign Affairs
President valid? (2.5%) stating that, pursuant to the Agreement between
the Philippine Government and the ADS, the
No, Anna Maria's assumption is unconstitutional bank's officers and staff are immune from legal
because only a member of the Senate or House of Repre- processes with respect to acts performed by them
sentatives may be nominated by a successor-President in their official capacity. ·
as Vice President. (Article VII, Section 9)
380 POLITICAL LAW AND PUBLIC INTERNATIONAL LAW BARQ &A(2009-20191 381

(a) Can the President's act of deporting outside his official functions in the receiving state. The
an undesirable alien be subject to judicial re- commission of a crime is not part of official duty. (Liang
view? (2.5%) us. People, G.R. No. 125865, January 28, 2000).

The power to deport aliens is an act of State, an act

done by or under the authority of the soverei_gn power.
It is a police measure against undesirable aliens whose
continued presence in the country is found to be injuri-
ous to the public good and the domestic tranquility of
the people. (Rosas us. Montor, G.R. No. 204105, October
14, 2015). An act of State is one done by the sovereign
power of a country, or by its delegate, within the lini.its
of the power vested in him. An act of State cannot be
questioned or made the subject of legal proceedings in a
court of law (Black's Law Dictionary, 4 th ed., 44). With
particular reference to Political Law, an act of State is
an act done by the political departments of the govern-
ment and not subject to judicial review.

(b) Is Aristotle's claim of diplomatic im-

munity proper? (2.5%)

The claim of diplomatic immunity is improper.

Courts cannot blindly adhere to and take on its face the
communication from the DFA that Aristotle is covered
by immunity. The DFA's determination that a certain
person is covered by immunity is only preliminary and
has no binding effect on courts. Besides, slandering a
person cannot possibly be covered by the immunity
agreement because our laws do not allow the commis-
sion, of a crime, such as defamation, under the guise of
official duty. Under the Vienna Convention on Diplo-
matic Relations, a diplomatic agent enjoys immunity
from criminal jurisdiction of the receiving state except
in the case of an action relating to any professional or
commercial activity exercised by the diplomatic agent
382 POLITICAL LAW A,'./D PUBLJC lNTERNATION/\L LAW BAR Q &A (2009-20191 383

2019 (c) Act of State doctrine (2%)

An act of state is an act done by the sovereign

PART I
power of a country, or by its delegate, within the limits
of the power vested in him. An act of State cannot be
A.1. questioned or made the subject of legal proceedings in a
court of law. (Black's Law Dictionary, 4' 11 Edition, page
Define the following terms: 44) It is an act done by or under the authority of the
sovereign power. (Rosas u. Montor, G.R. No. 204105,
(a) Jus cogens (2%) October 14, 2015)
Jus cogens means the "compelling law." With particular reference to Political Law, an act of
State is an act done by the political departments of the
"A jus cogens norm holds the highest hierarchical
position among all other customary norms and princi- government and not subject to judicial review. (Cruz
and Cruz, Philippine Political Law, 2014 Edition, page
ples." As a result, jus cogens norms are deemed "per- 47)
emptory and non-derogable." (Bayan Muna v. Romulo,
G.R. No. 159618, February 1, 2011)
(d) Precautionary principle (2%)
Under Article 53 of the Vienna Convention on the
Law of Treaties, it is "a peremptory norm of general Under the so-called precautionary principle, in or-
international law accepted e.nd recognized by the inter- der to protect the environment, the precautionary ap-
national community of States as a w1:i.ol€ as a norm from proach shall be widely applied by States according to
which no derogation is permitted and which can be their capabilities. Where there are threats of serious or
modified only by a subsequent norm of general interna- irreversible damage, lack of full scientific certainty shall
tional law having the same character." not be used as a reason for postponing cost-effective
measures to prevent environmental degradation. (The
(b) Principle of double criminality (2%) Cartagena Protocol on Biosafety to the Convention on
Biological Diversity, based on Principle 15, The Rio Dec-
Under the double or dual criminality principle, the laration on Environment and Development, 1992 United
act for which the extradition is sought must be ·punish- Nations Conference on Environment and Development,
able in both the requesting and the requested state. cited in International Service for the Acquisition of Agri-
(Cruz and Cruz, International Law, 2020 Edition, page Biotech Applications, Inc. v. Greenpeace Southeast Asia
370; Government of Hongkong Special Administrative (Philippines), G.R No. 209271, December 8, 2015)
Region u. Munoz, G.R. No. 207342, November 7, 2017)
 1
!j
1

POLITICAL LAW ANTI PuBLIC INTERNATIONAL LAW

l BAR Q & A (2009-2019) 385
384 j
i

A.2. for in the relevant provisions of this Convention with

regard to: (i) the establishment and use of artificial is-
Under the United Nations Convention on the lands, installations and structures; (ii) marine scientific
Law of the Sea (UNCLOS), what are the rights of research; (iii) the protection and preservation of thr.
the Philippines within the following areas: marine environment; (c) other rights and duties pro-
vided for in this Convention. 2. (Article 56 ll]).
(a) Contiguous zone (2%) In exercising its rights and performing its duties
under this Convention in the exclusive economic zone,
Under Article 33 of the UNCLOS III, the contigu-
the coastal State shall have due regard to the rights and
ous zone may not extend beyond 24 nautical miles from
duties of other States and shall act in a manner com-
the baselines from which the breadth of the territorial
patible with the provisions of this Convention. (Article
sea is measured. In "a zone contiguous to its territorial
56 [2])
sea, described as the contiguous zone, the coastal State
may exercise the control necessary to: (a) prevent in-
fringement of its customs, fiscal, immigration or sani- A.3.
tary laws and regulations within its territory or territo-
The Humanitarian Services Society (HSS), an
rial sea; (b) punish infringement of the above laws and
international non-government organization, as-
regulations committed within its territory or territorial
sea." · sisted the displaced families of Tribe X who had to
flee their- home country in order to escape the
(b) Exclusive economic zone (2%) systematic persecution conducted against them
by their country's ruling regime based on their
The exclusive economic zone of a coastal State shall cultural and religious beliefs. Fearing for their
not extend beyond 200 nautical miles from the baselines lives, some of these displaced families, with the
from which the breadth of the territorial sea is meas- help of HSS, were able to sail out into the- sea on a
ured. (UNCLOS, Article 57) boat with 15 passengers. An affiliate of HSS in the
Philippines intervened on behalf of these dis-
UNCLOS III provides that in the exclusive eco-
placed families, claiming that they are refugees
nomic zone, the coastal State has: (a) sovereign rights
under international law and hl;lnce, should not be
for the purpose of exploring and exploiting, conserving
expelled from our territory.
and managing the natural resources, whether living or
non-living, of the waters superjacent to the seabed and May the displaced families of Tribe X be con-
of the seabed and its subsoil, and with regard to other sidered as "refugees" under international law?
activities for the economic exploitation and exploration Explain. (3%)
of the zone, such as the production of energy from the
water, currents and winds; (b) jurisdiction as provided
!
f
l
j

:!
386 POLITICAL LAW AND Pu13LIC INTERNATIONAL LAW BAR Q & A (2009-2019) 387

Yes, their consideration as refugees under interna- rights of a person during custodial investiga-
tional law would be consistent with the provisions of the tion? {3%)
1951 Convention Relating to the Statute of Refugees, <

Article 1 (A), paragraph 2 of which defines a refugee as A custodial investigation has been understood to
one who, owing to a well-founded fear of being perse- refer to any questioning by law enforcement officers
cuted for reasons of, among others, race or religion, such · after a person has been taken into custody or otherwise
as the displaced families of Tribe X, is outside the coun- deprived of his freedom of action in any significant way.
try of his nationality and is unable or, owing to such (Miranda v. Arizona, 384 US 436) Custodial investiga-
fear, is unwilling to avail timself of the protection of tion commences when a person is taken into custody
that country; or one who, not having a nationality and and is singled out as a suspect in the commission of a
being outside the country of his former habitual resi- crime under investigation and the police officers begin
dence as a result of such events, is unable or, owing to to ask questions on the suspect's participation therein
such fear, is unwilling to return to it. and which tend to elicit an admission. (People u. Caba-
nada, G.R. No. 221424, July 19, 2017)
A.4. Section 12 of Article III of the Constitution provides
for the rights of a person under custodial investigation.
Mrs. W supplied the Philippine National Po- Thus-
lice (PNP) with uniforms every year. Last month,
she and two (2) other officers of the PNP con- (1) Any person under investigation for the
spired to execute a "ghost purchase" covered by commission of an offense shal1 have the right to be
five (5) checks amounting to P200..,0()0.00 each, or a informed of his right to remain silent and to have
total of Pl,000,000.00. An investigating committee competent and independent counsel preferably of
within the PNP, which was constituted to look his own choice. If the person cannot afford the sc>1·-
into it, invited Mrs. W, among others, for an in- vices of counsel, he must be provided with one.
quiry regarding the anomalous transaction. Mrs. These rights cannot be waived except in writing
W accepted the invitation but during the commit- and in the presence of counsel.
tee hearing, she stated that she will not answer (2) No torture, force, violence, threat, intimi-
any question unless she be provided with the as- dation, or any other means which vitiate the free
sistance of a counsel. The PNP officials denied her will shall be used against him. Secret detention
request; hence, she no longer participated in the places, solitary, incommunicado, or other similar
investigation. forms of detention are prohibited.

(a)What is a custodial investigation? (3) Any confession or admission obtained in

Under the 1987 Constitution, what are the violation of this or Section 17 hereof shall be inad-
missible in evidence against him.
 POLITICAL LAW /1..c"<TI PlrBLIC INTERNATIONAL LA\V BAR Q & A (2009-2019 J 389
388

(4! The law shall provide for penal and civil for Officer A, signaled to the latter that X and Y
sanctions for violations of this section as well as were "suspicious-looking." As the two were about
compensation to and rehabilitation of victims of to enter the restaurant, Officer A stopped them
torture or similar practices, and their families. and asked about the contents of their bags. Dis-
satisfied with their response that the bags con-
(b) Was the PNP's denial of Mrs. W's re- tained only clothes, Officer A proceeded to search
quest violative of her right to counsel in the the bags and found packs of shabu therein. Thus,
proceedings conducted by the PNP? Explain. X and Y were arrested, and the drugs were seized
from them. According to Officer A, a warrantless
It is submitted that the PNP's denial of Mrs. W's search was validly made pursuant to the stop and
request that she be provided with the assistance of frisk rule; hence, the consequent seizure of the
counsel is not violative of her right to counsel, which is drugs was likewise valid.
available only during so-called custodial investigations.
It is established that mere administrative investi- (a) What is the stop and frisk rule? (2.5%)
gations are not considered as covered by Section 12,
The stop and frisk rule, which is acknowledged as
which is limited to criminal investigations. (Remolona v.
among the exceptions to the rules against warrantless
Civil Service Commission, 414 Phil. 590, 599 [2001);
searches and seizures, is generally recognized as "a pro-
Carbonel v. Civil Service Commission, G.R. No. 187689,
tective seizure and search for weapons" or a "limited
September 7, 2010, 630 SCRA 202)
protective search of outer clothing for weapons.'' ,: Teny
u. Ohio, 392 US l)
A.5.
While probable cause is not required to conduct a
At about 5:30 A.M. of September 15, 2019, Po- "stop and frisk," it nevertheless holds that mere suspi-
lice Senior Inspector Officer A of the Manila Po- cion or a huncb will not validate a ;(stop and frisk." A
lice District Station received a text message from genuine reason must exist, in light of the police officer's
an unidentified civilian informer that one Mr. Z experience and surrou'nding conditions, to warrant the
would be meeting up later that morning with two belief that the person may be stopped and frisked. (Ma-
(2) potential sellers of drugs at a nearby restau- lacat u. Court of Appeals, 347 Phi1. 462 [1997], cited in
rant. As such, Officer A decided to hang around People v. Comprado, G.R. No. 213225, April 4, 2018)
the said place immediately.
[Note: Under this rule, a police office1· who observes unusual
At about 9:15 A.M., two (2) male passengers, conduct which leads him reasonably to conclude in light of his ex-
named X and Y, who were each carrying a travel- perience that criminal activity may be afoot and that the persons
with whom he is dealing may be armed and presently dangerous,
ling bag, alighted from a bus in front of the res- where in the course of investigating this behavior he identifies him-
taurant. A transport barker, serving as a lookout self as a policeman and makes reasonable inquiries, and where
 l
j
l
390 POLITICAL LAW A...1'/D PL"BLIC INTERNATIONAL LAW BAH Q &A (2009-2019/ 391
]
1
nothing in the initial stages of the encounter serves to dispel his
reasonable fear for his own or others' safety, he is entitled [to] the
.1•
·1

i
while, Mr. Y attended the committee hearing but
upon being asked about discussions made during
1;
protection of himself and others i., the area to conduct a carefully a closed-door cabinet meeting, he refused to an-
1
limited search of the outer clothing of such persons in an attempt to
discover weapons which might be used to assault him. (Terry v.
Ohio, 392 US l)]
i
1
j
swer invoking executive privilege. The committee
members insisted that Mr. Y answer the question
l pursuant to the right of Congress to information
(b) Was the stop and frisk rule validly from the executive branch.
invoked by Officer A? If not, what is the effect 1
on the drugs seized as evidence? Explain. l
1
;
(a) Based on his argument, is Mr. X's
(2.5%) non-appearance permissible? Explain. (2,5c;c.)

It is submitted that Officer A could not have validly No, X's non-appearance is not permissible.
conducted a valid stop and frisk search. The power to conduct legislative inquiries in aid of
It bears emphasis that he approached X and Y, legislation, which entails or includes coercive authority
both of whom had just alighted from the bus and were to compel the attendanoe of witnesses, or resource per-
about to enter the restaurant, simply by reason of a sons, such as Mr. X, under pain of contempt (Arnault u.
"signal" from the lookout, the barker, to the effect that Nazareno, G.R. No. L--3820, July 18, 1950), can be exer-
they were "suspicious-looking." There is no showing that 1 cised by either chamber of the Congress, or·by any of its
Officer A actually found them to be such, or suspicious--
looking. It is clear that, insofar as Officer A was con-
j
,,
respective committees. (Constitution, Article VI, Section
21)
cerned, there was no observable .manifestation that
could have aroused his suspicion as to cause him to stop (b) Is Mr. Y's refusal to answer based on
and frisk X and Y. To reiterate, the latter were merely executive privilege viHid? Explain. (2.5%)
entering a restaurant after they got off the bus when
they were stopped by Officer A. (People v. Aruta, G.R. No, Mr. Y may not be allowed to refuse to answer
No. 120915, April 3, 1998) on the ground of executive privilege.
While information pertinent to closed-door cabinet
A.6. meetings can generally be recognized as privileged
:i (Chauez u. Presidential Commission on Good Gouern-
A committee of the Senate invited Mr. X and ment, G.R. No. 130716, 9 December 1998), it must be
Mr. Y, the Secretary of Foreign Affairs and Secre- ";I:

" remembered that executive privilege is available only to

tary of Energy, respectively, as resource speakers 's
the President, or to a delegate or subordinate. who may
for an inquiry in aid of legislation. Mr. X refused '
·i'.
be allowed to invoke it but only upon prior express au-
to attend, arguing that the Senate, not its commit- }i' thorization of the President. (Senate u. Ermita, G.R. No.
'.~:
tee, has the power to compel attendance. Mean- ·=·
', 169777, April 20, 2.006)

l
)~

'.}
392 POLITICAL LAW Al'\il) PUBLJC INTER.t\!ATIONAL LAW BAR Q & A (2009--2019) 393

Moreover, while it has also been held that, al- A.7.

though executive privilege is properly invoked in rela-
tion to specific categories of information, not to catego- The continuing threat to the security of the
ries of persons (Senate v. Ermita, G.R. No. 169777, April State in various parts of the country prompted
20, 2006; Sereno v. Committee on Trade and Related the National Security Adviser of the President to
Matters of the NEDA, G.R. No. 175210, February 1, adopt a "Comprehensive National Security Strat-
2016), it must still be remembered that for a mere sub- egy (CNSS)" with the following components:
ordinate, such as Mr. Y, to be allowed to invoke it, he
must clearly assert it "by specifying the grounds for the Component 1: During a state of
exemption. In case of denial of access to the informa- emergency, the President, in the exercise
tion, it is the government agency concerned that has the of his power of general supervision, may
burden of showing that the information sought to be delegate to the heads of local government
obtained is not a matter of public concern, or that the units (LOUs), through an administrative
same is exempted from the coverage of the consti-tu- issuance, the power to call-out the Armed
tional guarantee." (Sereno v. Committee on Trade and Forces of the Philippines (AFP) for a
Related Matters of the NEDA, G.R. No. 175210, Febru- more effective and immediate response to
ary 1, 2016) the ground situation; and
It is submitted that Mr. Y, who merely refused to Component 2: In declaring Martial
answer and merely invoked executive privilege did not Law, the President, in a preemptive ac-
properly discharge this burden. tion and without waiting for the recom-
. mendation of the Secretary of National
[Note: A claim of privilege, being a claim of exemption from an
obliga~ion to disclose information, must, therefore, be clearly as- Defense and the AFP, may rely upon any
serted, and not merely implied. In light of this highly exceptional intelligence information he may have
nature of the privilege, the Court finds it essential to limit to the gathered through other sources.
President the power to invoke the privilege. She may of course
authorize the Executive Secretary to invoke the privilege on her
Disturbed by the strategy's supposed infirmi-
behalf, in which case the Executive Secretary must state that the
authority is "By order of the President," which means that he per- ties, a concerned citizens' organization raised the
sonally consulted with her. The privilege being an extraordinary constitutionality of the two (2) components of the
power, it must be wielded only by the highest official in the executive CNSS before the Supreme Court.
hierarchy. In other words, the President may not authorize her
subordinates to exercise such power. (Senate v. Ermita, G.R. No.
169777, April 20, 2006, 488 SCRA 1)] (a) Is component 1 of the CNSS constitu-
tional? Explain. (2.5%)
'
No, it is not constitutional.

I
j·~
j
394 POLITICAL LAW AND PliBLIC lNTER.t'\lATIONAL LAW BAR Q & A (2009-2019) 39fi

Under the Constitution, it is only the President there exists factual basis which leads him to believe
who may exercise military powers under Section 18 of that there is probable cause as to the existence of any of
its Article VII. This may not be delegated by him, as in the grounds for his declaration of martial law, such de-
this case, to heads of local government units. (Jamar M. termination must be respected. (Lagman v. Medialdeo,
Kulayan, et al. vs. Gov. Abdusakur M. Tan etc., et al., G.R. No. 231658, July 4, 2017)
G.R. No. 187298, July 3, 2012)
A.8.
[Note: There is one repository of executive powers, and that is
the President of the Republic. xxx. Corollarily, it is only the Presi-
dent, as Executive, who is authorized to exercise emergency powers Mayor X and his City Administrator, Y, are
as provided under Section 23, Article VI, of the Constitution, as well political buddies who assumed their respective
as what became known as the calling-out powers under Section 7, offices in 2010. Sometime in January 2012, Y pro-
Article VII thereof. (Jamar M. Kulayan, et al. vs. Gou. Abdusakur M.
Tan etc., et al., G.R. No. 187298, ,July 3, 2012)]
posed to Mayor X the entry into a P5,000,000.00
loan agreement with ABC Foundation, a non-
(b) Is component 2 of the CNSS c_onstitu- stock and non-profit organization in which the
tional? Explain. (2.5%) two had a long-standing personal involvement.
The loan agreement was duly executed in the
Yes, Component 2 of the CNSS is not unconstitu- same year but was never authorized and ap-
tional. proved by the Sangguniang Panlungsod. It was
further found that the same constituted a fraudu-
The only pertinent conditions prescribed under the lent scheme to defraud the City Government.
Constitution for his exercise of the power to declare
martial law are, among others, it must be on the ground Meanwhile, Mayor X won another term dur-
of invasion or rebellion, when the public safety requires ing the May 2013 Elections and Y continued on as
it. (Article VII, Section 18) his City Administrator. A year after, or in May
2014, administrative charges for grave miscon-
Prior recommendations from the Secretary of Na-
duct, serious dishonesty, and conduct prejudicial
tional Defense and the AFP are not among the condi-
tions prescribed under the Constitution for his exercise to the best interest of the service were filed
of said power. against them before the Office of the Ombudsman.
In defense, Mayor X argued that his subsequent
It has been held that since these extraordinary re-election in May 2013 absolved him from any
military powers are conferred by the Constitution with administrative liability for any alleged anomalous
the President as Commander-in-Chief, it therefore nec- activity during his first term in office. Y raised
essarily follows that the power and prerogative to de- the same defense of· condonation, having been
termine whether the situation warrants his declaration retained by Mayor X as City Administrator for a
of martial law also lies exclusively, or at least initially, second term.
with him. Accordingly, it has been ruled that, so long as
 POLITICAL LAW A..1,m PuB:.,rc INTERNATIONAL LAW BAR Q & A (2009-20191 397
396

On December 10, 2015, the Ombudsman ren- doctrine of conclonation had, indeed, become Jina! only on April 12.
2016, and thus the abandonment should be reckoned from April 1:2.
dered its ruling in the case, finding both Mayor X 2016. (Crebe/lo 1:. Of/Ice of' the Ombuclsmc111, G.R. No. :23:2325. A.pri!
and Y administratively liable. Citing the Supreme 10, 2019\j
Court's Decision in Carpio-Morales v. Court of'
Appeals (G.R. Nos. 217126-27), which was initially (b) How about Y? Can he validly invoke
promulgated on November 10, 2015, the Ombuds- the condonation doctrine to absolve him of
man rejected their defense of condonation. With the charge? Explain. (3%)
the motions for reconsideration of Mayor X and Y
having been denied by the Ombudsman on March No, he cannot.
10, 2016, they elevated the matter to the Court of The condonation doctrine does not apply to appoint-
Appeals. ive officials. It only applies to elective officials. (Ciuil
Service Commission u. Sojor, 577 Phil. 52, 72 [20081,
(a) Did the Ombudsman err in not giving cited in Carpio-Morales v. Court of Appeals, G.R. No.
credence to the defense of condonation as 217126-27, November 10, 2015)
raised by Mayor X? Explain. (2%)
A.9.
It is submitted that the Ombudsman erred in re-
jecting Mayor X's defense of condonation. The unabated rise of criminality and the re-
As held in the Carpio case, the abandonment of the ported identification of delinquent children loi-
condonation doctrine should be prospective in applica- tering in the wee hours of the night prompted
:1
tion for the reason that judicial de-cisions applying or City Z to implement a curfew ordinance. Minors
j
interpreting the laws or the Constitution, until re- l unaccompanied or unsupervised on the streets by
versed, shall form part of the legal system of the Philip- l their parents or guardians between 10:00 P.M. to
pines. tu 5:00 A.M. may be apprehended by law enforcers
subject to certain exclusive exceptions. These ex-
Since the administrative case against Mayor X was I
based on acts committed by him before the promulga- j ceptions are: 1. minors running lawful errands,
.j such as buying of medi9ines, using of telecommu-
tion of the Carpio decision, or prior to November 10,
2015, said administrative case should properly be con- ! nications facilities for emergency purposes and
sidered as barred by reaso::1 of his re-election in 2013. ·~.' the like; 2. night school students; and 3. minors
Said re-election, according to the doctrine, should be 1 working at night. Minors apprehended for viola-
considered as a condonation of whatever administrative ..~ tion of the curfew ordinance shall be required to
offenses he may have committed prior to the same.
[Note: We sustain the insist3nce of the 0MB. The ruling prom-
l1 undergo counseling, accompanied by their par-
ents/guardians.
ulgated in Morales u. Court of Appeals on the abandonment of the )
l
 1
1
i
1
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1
1
398 POLITICAL LAW A.ND PUBLIC INTERNATIONAL LAW j BAR Q & A (2009-2019) 3!19
l
I~
(a) Does the curfew ordinance violate necessarily includes a suppression of their religious
1
the primary right and duty of parents to rear ~
1 freedom as they would be, by reason of said curfew ordi-
nance, effectively be prevented from at,tending religious
their children? Explain. (2.5%)
i activities during the specified hours. Needless to state,
Ko, the Curfew Ordinances are but examples of le- 1 all of these prohibitions con..stitute curtailments on their
freedom of expression. (SPARK u. Quezon City, G.R No.
gal restrictions designed to aid parents in their role of
promoting their children's well-being. 225442, August 8, 2017)
They may be validly imposed by the State as parens
A.IO.
patriae, and be considered as its inherent right and duty
to aid parents in the moral development of their chil- ·-l An Information for Estafa was filed against
dren, 3.nd, thus, assumes a supporting role for parents -I the accused, Mr. D. During the course of the trial,
to fulfill their parental obligations. Under the Constitu-
Mr. D filed a motion to dismiss for failure to
tion, the State can properly conclude that parents and
prosecute the case for a reasonable length of time.
others, teachers for example, who have the primary
Opposing the motion, the prosecution argued that
responsibility for children's well-being, are entitled to
its failure to present its witnesses was due to cir-
the si.:.pport of the laws designed to aid discharge of that
cumstances beyond its control. Eventually, the
responsibility. (SPARK v. Quezon City, G.R. No. 225442,
trial court dismissed the case with finality on the
August 8, 2017)
ground that Mr. D's right to speedy trial was vio-
(b) Does the curfew ordinance infringe lated.
any of the minors' fundamental rights? Ex- A month after, the same criminal case for
plain. (2.5%) Estafa was re-filed against Mr. D, prompting him
to file a motion to dismiss invoking his right
The subject ordinances can be considered as unduly against double jeopardy. The prosecution opposed
impairing minors' reasonable exercise of their rights of the motion, arguing that the first criminal case
association, free exercise of religion, rights to peaceably II
i
for Estafa was dismissed with the express consent
assemble, and of free expression, among others.
~
of the accused as it was, in fact, upon his own mo-
Their freedom of association and right to peaceful j
tion. Moreover, it was already able to secure the
assembly can be considered as effectively curtailed be- 1 commitments of its witnesses to appear; hence, it
•
ca use they are hindered from participating in legitimate ~ would be prejudicial for the State if the case were
activities during certain hours of the day, like political j to be dismissed without trial.
1
rallies or school meetings, as they may be apprehended .j
if they are caught out on the streets at the specified 1 (a) For double jeopardy to attach, what
1½
hours, even if they would be just on their way to or re- requisites must exist? (2%)
turnbg from said legitimate activities. This hindrance
I
j
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~
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4
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400 POUTICAL LAW AND PUBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 401

The rule is that no person shall be twice put in

jeopardy of punishment for the same offense. If an act is PART II
punished by a law and an ordinance, conviction or ac-
quittal under either shall constitute a bar to another B.11.
prosecution for the same act. (Constitution, Article III,
Section 21) Atty. G ran for Governor of the Province of
Pampanga, while his close friend, Atty. M, ran for
Accordingly, double jeopardy attaches when the fol- Mayor of the Municipality of Guagua, Pampanga.
lowing elements concur: (1) the accused is charged un- They both won convincingly. Eventually, the los-
der a complaint or information sufficient in form and ing candidates timely filed election protests. The
substance to sustain their conviction; (2) the court has losing gubernatorial candidate, Mr. A, filed his
jurisdiction; (3) the accused has been arraigned and has protest before the Regional Trial Court of Pam-
pleaded; and (4) he/she is convicted or acquitted, or the panga · (RTC), whereas th~ losing mayoralty can-
case is dismissed without his/her consent. (David v. didate, Mr. B, filed his protest before the Munici-
Marquez, G.R. No. 209859, June 5, 2017) pal Trial Court of Guagu.a, Pampanga (MTC).
(b) Rule on Mr. D's present motion. (3%)
(a) What are the term limits for the posi-
tions of Atty. G and Atty. M? (1%)
Mr. D's motion to dismiss should be granted.
The second case for the same offense is barred by Being local elective officials, their terms limits are
double jeopardy. basically governed by Section 8 of Article X of the Cons-
It is established that a dismissal, even if with the titution, which prescribes that the term of office of elec-
express consent of the accused, will give rise to double tive local officials, except barangay officials, which shall
jeopardy if the same is based on a: violation of the right be determined by law, shall be three years and no such
of the accused to a speedy trial. (People v. Anano, 97 official shall serve for more than three consecutive
Phil. 28, Villareal u. People, G.R. No. 151258, February terms. Voluntary renunciation of the office for any
1, 2012) Under said ground, the dismissal would be tan- j
length of time shall not be considered as an interruption
tamount to an acquittal. (Tan v. People, G.R. No. 1 in the continuity of his service for the full term for
:,J
which he was elected.
173637, April 21, 2009) l
Moreover, under Section 43 of the Local Govern-
{1 ment Code, the term of office of all local elective officials
-f
" elected shall be three (3) years and no local elective offi-
.

;,·1· cial shall serve for more than three (3) consecutive
,,
terms in the same position. Voluntary renunciation of
'J the office for any length of time shall not be considered
I
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''j

1j
 POLITICAL LAW A.l'-11) PuBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 403
402

as an interruption in the crntinuity of service for the fiercest critics, X, claimed that W should not be
full term for which the elective official concerned was dispensing the functions of a Congressman since
elected. he is deemed ipso facto resigned as such upon his
filing of a CoC for Governor of Albay.
(b) Does the RTC have jurisdiction over
the case filed by Mr. A? Explain. (2%) (a) Is X's argument correct? Explain.
(2.5%)
No, the RTC does not have jurisdiction over the
case filed by Mr. A because gubernatorial election con- No, his argument is not correct.
tests are cognizable by the Comi:nission · on Elections, Pursuant to Section 14 of RA 9006 or the Fair Elec-
which has exclusive original jurisdiction over all con- tion Act, which repealed Section 67 of the Omnibus
tests relating to the elections, returns, and qualifica- Election Code and rendered ineffective Section 11 of RA.
tions of all elective regional, provincial, and city offi- 8436 insofar as it considered an elected official as re-
cials. (Constitution, Article IX-C, Section 2 [2]) signed only upon the start of the campaign period corres-
ponding to the positions for which they are running, an
(c) Does the MTC have jurisdiction over elected official is not deemed to have resigned from his
the case filed by Mr. B? Explain. (2%) office upon the filing of his certificate of candidacy for
the same or any other elected office or position. In fine,
No, the MTC, which is considered as a court of lim-
an elected official may run for another position without
ited jurisdiction, does not have jurisdiction over the case
forfeiting his seat. (Quinto u. Commission on Elections,
filed by Mr. A because mayoralty election contests are
G.R. No. 189698, February 22, 2010)
cognizable by trial courts of general jurisdiction (Consti-
tution, Article IX-C, Section 2 [21)
l
l
(b) Assuming that W is instead, an in-
It is therefore the RTC which has jurisdiction over cumbent Undersecretary of the Department
the same. of National Defense,' what is the effect of the
filing of his CoC for the position of Governor
B.12, 1 of Albay to said post? Explain.. (2.5%)
j
·,r
W, the incumbent Congressman of the Prov- He shall be considered as ipso facto resigned from
ince of Albay, decided to run for Governor. He his office upon the filing of his certificate of candidacy
i.
filed his certificate of candidacy (CoC) for Gover- 11 for the position of Governor.
nor without resigning from his post and contin- ·~
Under Section 13 of RA 9369, which reiterates Sec-
)l
ued exercising his duties as Congressman, such as tion 66 of the Omnibus Election Code, any person hold-
attending plenary sessions and committee hear- ] ing a public appointive office or position, including- ac-
ings in the House of Representatives. One of W's 'I
tive members of the Armed Forces of the Philippi1~es,
~
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 POLITICAL LAW Al'\/D PuBLIC INTERNATIONAL LAW BARQ & A (2009-2019! 405
404

and officers and employees in government-owned or - lution shall be calendared for consideration by the
contro1led corporations, shall be considered ipso facto House within ten·session days from receipt thereof.
resigned from his office upon the filing of his certificate (3) A vote of at least one-third of all the Members
of candic.acy. (Quinto v. Commission on Elections, G.R. of the House shall be necessary either to affirm a
No. 189698, February 22, 2010) favorable resolution with the Articles of Impeach-
ment of the Committee, or override its contrary
B.13. resolution. The vote of each Member shall be re-
corded.
Who are the impeachable officers under the
1987 Constitution? Briefly explain the process of (4) In case the ·verified complaint or resolution of
impeaching them thereunder. (5%) impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute
·ender -che 1987 Constitution, the impeachable offi- the Articles of Impeachment, and trial by the Sen-
cers are the President, the Vice-President, the Members ate shall forthwith proceed.
of the Supreme Court, the Members of the Constitu- (5) No impeachment proceedings shall be initi-
tional Commissions, and the Ombudsman. (Article XI, ated against the same official more than once
Section 2) within a period of one year.
The process prescribed in the Constitution for im- (6) The Senate shall have the sole power to try
peachment is indicated in Section 3 of Article XI, which and decide all cases of impeachment. When sitting
provides - for that purpose, the Senators shall be on oath or
(1; The House of Representatives shall have the affirmation. When the President of the Philippines
exclusive power to initiate all cases of impeach- is on trial, the Chief Justice of the Supreme Court
ment. shall preside, but shall not vote. No person shaJl be
convicted without the concurrence of tvvo-thirds of
(2) A verified complaint for impeachment may be l all the Members of the Senate.
filed by any Member of the House of Representa- j
tives or by any citizen upon a resolution or en- J (7) Judgment in cases of impeachment shall not
dorsement by any Member thereof, which shall be
included in the Order of Business within ten ses-
! extend further than removal from office and dis-
qualification to hold any office under the Republic
sion days, and referred to the proper Committee of the Philippines, but the party convicted shall
within three sessi,on days thereafter. The Commit- nevertheless be liable and subject to prosecution,
tee, after hearing, and by a majority vote of all its trial, and punishment, according to law.
Members, shall submit its report to the House
within sixty session days from such referral, to-
gether with the corresponding resolution. The reso-

l
 POUTICAL LAW A..'m PlJBLIC INTERNATIONAL LAW BAR Q & A (2009-2019) 407
406

The process of revising the Constitution would nec-

B.14. essarily entail two steps, to wit, the making of the pro-
posal and the ratification.
A proposal to change a provision of the 1987
Constitution has been put forth as follows: Under Section 1 of Article XVII of the Constitution,
a proposal to revise the Constitution may be made or
Original Text: "The Philippines is a democ-
done by'the Congress, upon a vote of three-fourths of all
ratic and republican State. Sovereignty resides in its Members; or by a constitutional convention, which
the people and all government authority ema- under Section 3 thereof, may be established by the Con-
nates from them." gress, which may call the same by a vote of two-thirds of
Proposed Text: "The Philippines is a democ- all its Members, or by a majority vote of all its Mem-
ratic and socialist State. Sovereignty resides in bers, submit to the electorate the question of calling
the party and all government authority emanates such a convention.
from it." Any proposal to revise or any revision of the Con-
stitution shall be valid when ratified by a majority of
(a) Is this an amendment or a revision? the votes cast in a plebiscite which shall be held not
Explain. (2.5%) earlier than sixty days nor later than ninety days after
the approval of such revision. (Constitution, Article
The proposed text constitutes. a revision. XVII, Section 4)
A revision broadly implies a change that alters a
basic principle in the constitution, like altering the prin- B.15.
ciple of separation of powers or the system of checks-
and-balances. (Lambino v. COMELEC, G.R No. 174153, R was elected as Municipal Councilor for
.,.,
October 25, 2006) j three (.3) consecutive terms. Before the end of the
j third term, Vice Mayor S died, rendering his post
It is submitted that the proposals to convert the
.,J vacant. Since R was the highest-ranking Munici-
Philippines into a socialist state and to make sover- l
,1
eignty reside in the party would serve to alter a basic .1 pal Council or, he assumed the office of the Vice
principle to the effect that sovereignty resides in the Mayor. One of his constituents, T, assailed R's
people. assumption of office, arguing that elections
should have been conducted to fill in the vacancy
(b) Briefly explain the process to revise following the death of Vice Mayor S.
the 1987 Constitution. (2.5%)
(a) Is T's contention correct? Explain.
~.'J (2.5%)
'/~!

)I
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408 POLITICAL LAW AND PuBLJC INTERNATIONAL LAW BAR Q & A (2009-2019) 409

No, T's contention is not correct, because there as one full term as contemplated under the subject cons-
would be no need for elections. Instead, the rules on titutional and statutory provision that that service can-
succession should be made to apply. not be counted in the application of any term limit
(Borja, Jr. u. Commission on Election~ a11d Jo~e T
Accordingly, under Section 44 of the Local Govern-
Capco, Jr., G.R. No. 133495, September 3, 1998, 295
ment Code, if a permanent vacancy occurs in the office
SCRA 157 [1998])]. If the official runs again for the
of Mayor, the vice-mayor concerned shall become the
same position he held prior to his assumption of the
Mayor. If a permanent vacancy occurs in the offices of
the Mayor, or vice-mayor, the highest ranking Sang- higher office, then his succession to said position is by
operation of law and is considered an involuntary sever-
gunian member or, in case of his permanent inability,
ance or interruption (Montebon u. Commission on Elec-
the second highest ranking Sanggunian member, shall
become the Mayor or vice-mayor, as the case may be. tions, G.R. No. 180444, April 8, 2008, 551 SCRA 50
[2008)).
Subsequent vacancies in the said office shall be filled
automatically by the other Sanggunian members ac-
cording to their ranking as defined herein. B.16.

Therefore, it was proper for R to have assumed the Under the 1987 Constitution, to whom does
office of Vice Mayor. This would be consistent with the each duty/power/privilege/prohibition/disqualifi-
aforecited rule on succession under the Local Govern- cation apply:
ment Code.
(a) The authority to keep the general ac-
(b) Assuming that R validly assumed S's counts of the Government and for such period
post, at the end of R's term as Vice Mayor, provided by law, preserve the vouchers and
may he run, once more, for the position of other supporting documents pertaining
Municipal Councilor? Or is he proscribed to thereto. (1%)
do so under the Local Government Code? Ex-
plain. (2.5"') The Co~mission on Audit. (Constitution, Article
IX-D, Section 2 (1))
R can run again for the position of Municipal Coun-
cilor. (b) The power to allo~ small-scale utili-
This would be consistent with the rule that, when a zation of natural resources by Filipino citi-
permanent vacancy occurs in an elective position and zens, as well as cooperative fish farming, with
the official merely assumed the position pursuant to the priority to subsistence fishermen and fish-
rules on succession under the Local Government Code, workers in rivers, lakes, bays, and lagoons.
as in this case, then his service for the unexpired por- (1%)
tion of the term of the replaced official cannot be treated
410 POLITICAL LAW A.c'\/TI PuBuc INTERNATIONAL LAW BAR Q & A (2009-2019) 411

The Congress. (Constitution, Article XII, Section 2, the ground that it violates the separation of pow-
3"1 paragraph) ers principle. On the other hand, certain Con-
gressmen argued that there was nothing wrong
(c) The authority to provide for the with the provision because, after all, the power to
standardization of compensation of govern- appropriate belongs to Congress.
ment officials and employees. (1 %)
(a) Rule on the arguments of the parties.
The Congress. (Constitution, Article IX-B, Section (2.5%)
5)
Mr. Z's petition must be upheld.
(d) The' sole power to declare the exis-
The questioned law constitutes a violation of the
tence of a state of war. (1 %)
principle of separation of powers, following the rule
The Congress, in joint session assembled, upon a that, once a bill has become a law, the Congress, or any
vote of two-thirds of both Houses, voting separately. of its individual members, may not have any participa-
tion in its actual enforcement, which lies in the exclu-
(Constitution, Article VI, Section 23 [1])
sive domain of the Executive Department. (Belgico c.
(e) The power to ratify treaties and in- Executive Secretary, G.R. 208566, Nov. 19, 2013)
ternational agreements. (1 %)
(b) Assuming that the provision is de-
The President. (Bayan u. Zamora, G.R. No. 138570, clared. unconstitutional, should the disburse-
October 10, 2000; Pimentel u. Office of the Executiue ments made pursuant thereto be returned, in
Secretary, G.R. No. 158088, July 6, 2005) light of the doctrine of operative fact? Ex-
pl?in. (2.5%)
B.17.
No, the disbursements need not he returned.
In 2014, Congress enacted an appropriation (Araullo u, Aquino, G.R. No. 29287, July 1, 2014)
law containing a provision that gives individual The doctrine of operative fact is applicable.
legislators the discretion to determine, post-
Under this doctrine, the law is recognized as un-
enactmen t, how much funds would go to a specific
constitutional but the effects of the unconstitutional
project or beneficiary which they themselves also
law, prior to its declaration of nullity, may be left undis-
determine. Consequently, disbursements were
turbed as a n~atter of equity and fair play. In fact, the
made in the interim pursuant thereto.
invocation of the operative fact doctrine is an admission
Eventually, Mr. Z filed a petition questioning that the law is unconstitutional. The operative fact doc-
the constitutionality of the statutory provision on trine is a rule of equity. As such, it must be applied as
 BAR Q & A l2009-2019) 413
412 POLITICAL LAW A:'\'D PuBL!C INTERNATIONAL LA\V

an exception to the genera~ rule that an unconstitu- no longer be withdrawn by the President once the ap-
tional law produces no effects. It can never be invoked pointee has qualified into office. The fact that it is sub-
to validate as constitutional an unconstitutional act. In ject to confirmation by the Commission on Appoint-
short, the operative fact doct::-ine affects or modifies only ments does not alter its permanent character. The Cons-
the effects of the unconstitutional law, not the unconsti- titution itself makes an ad interim appointment perma-
tutional law itself. (League o/' Cities of the Philippines v. nent in character by making it effective until disap-
COMELEC, G.R. No. 176951, August 24, 2010) proved by the Commission on Appointments or until the
next adjournment of Congress. (Matibag u. Benipayo,
B.18. G.R. No. 149036, April 2, 2002; Pamantascm ng Lung-
sod ng Maynila 'V. Intermediate Appellate Court, G.R.
A was appointed by the President as a Com- No. L-65439, November 13, 1985, 140 SCRA 22)
missioner of the Commission on Elections (COME- Accordingly, A's ad interim appointment as Com-
LEC) while Congress was not in session. Pending missioner of the Commission on Elections cannot or
confirmation of his appointment by the Commis- should not be considered as a temporary or acting ap-
sion on Appointments, A started to perform his pointments prohibited by Section 1 (2), Article IX-C of
official functions in the COMELEC, such as at- the Constitution. (Matibag v. Benipayn, G.R. No.
tending en bane sessions, hearing election pro- 149036, April 2, 2002) ,
tests, signing Resolutions, issuing Orders, and
appearing before Congress during budge£ hear- (b) If the Commission on Appointments
ings. Atty. B questioned before the Supreme Court by-passed the confirmation of A, can he still
the exercise of official functions by.A, stating that be reappointed by the President? Explain.
his ad interim appointment is not a permanent (2.5%)
appointment but a temporary one pending con-
firmation by the Commission on Appointments, Yes, the President can reappoint A
and thus prohibited under Article IX-C of the 1987 There is nothing in the Constitution, or in any ex-
Constitution which states that "[i]n no case shall isting law for that matter, which prohibits such a reap-
any Member [of the COMELEC] be appointed or pointment:
designated in a temporary or acting capacity."
An ad interim appointment that has lapsed by in-
(a) Is Atty. B's contention correct? Ex- action of the Commission on Appointments does not
plain. (2.5%) constitute a term of office. The period from the time the
ad interim appointment is made to the time it lapses is
No, B's contention is not correct. neither a fixed term nor an unexpired term. (Fetalino u.
Commission on Elections, G.R. No. 191890, December 4,
An ad interim appointment is a permanent ap-
2012)
pointment because it takes effect immediately and can
414 POLITICAL LAW A..'\ffi Ptmuc INTERNATIONAL LAW BAR Q & A (2009-20191 415

Accordingly, A's reappointment should not or can- laws also provide for naturalization through derivative
not be considered as covered by the general constitu- mode.
tional prohibition against reappointments in the Consti-
tutional Commissions. [Note: Under Section 15 of Commonwealth Act No. 473, any
woman who is now or may hereafter be married to a citizen of the·
Philippines, and who might herself be lawfully naturalized shall be
B.19. deemed a citizen of the Philippines. Minor children of persons natu-
ralized under this law who have been born in the Philippines shall
Candidate X, a naturalized Filipino citizen, be considered citizens thereof. A foreign-born minor child. if dwelling
ran for Congressman for the Lone District of in the Philippines at the time of the naturalization of the panmt,
shall automatically become a Philippine citizen, and a foreign-born
Batanes. After a close electoral contest, he won by minor child, who is not in the Philippines at the time the parent is
a slim margin of 500 votes. His sole opponent, Y, naturalized, shall be deemed a Philippine citizen only during his
filed an election protest before the Commission on minority, unless he begins to reside permanently in the Philippines
Elections (COMELEC), claiming that X should be when still a minor, in which case, he will continue to be a Philippine
citizen even after becoming of age. A child born outside of the Philip-
disqualified to run for said position because he is pines after the naturalization of his parent, shall be considered a
not a natural-born citizen. While the case was Philippine citizen, unless within one year after reaching the age of
pending, X was proclaimed by the Provincial majority, he fails to register himself as a Philippine citizen at the
Election Supervisor of Batanes as the duly elected country where he resides, and to take the necessary oath of alle-
giance.]
Congressman of the province.
[Note: Under Section 11 of Republic Act No. 9139, known as
(a) Distinguish between natural-born the Administrative Naturalization Law of 2000, after the approval of
the petition for administrative naturalization in cancellation of
and naturalized citizens unqer. the 1987 Con- applicant's alien certificate of registration, applicant's alien lawflll
stitution. (2%) wife and minor children may file a petition for cancellation of their
alien certificates of registration with the Committee subject to the
Under Article IV of the Constitution, natural-born payment of the filing fee(s) ... ]
citizens are those who are citizens of the Philippines [Note: R.A. No. 9225 provides - Section 4. Derivative Citizen-
from birth without having to perform any act to acquire '
·1 ship - The unmarried child, whether legitimate. illegitimate or
or perfect their Philippine citizenship (Section 2) and :j adopted, below eighteen (18) yc.:ars of age, of those who re-acquire
Philippine citizenship upon effectivity of this Act shall be deemed
those born before January 17, 1973, of Filipino-mothers,
who elect Philippine citizenship upon reaching the age
of majority (Section 2, in relation to Section 1 [3])
!
.
.
-~~
citizenship of the Philippines.]

(b) Is X qualified to run for Congress?

In turn, naturalized citizens are those who acquire 'il Explain. (1 %)
Philippine citizenship either through judicial naturali- l
zation under the provisions of C.A. No. 4 73, as No, X, being a naturalized Filipino citizen, is not
amended, or on the basis of the Administrative Natu-
ralization Law (RA. 9139). It should be noted that both
Ii qualified to run for Congress because, under the Consti-
tution, no person shall· be a Member of the Hou.se of
.:r

[II
i::
416 POLITICAL LAW A,'-iD PL73LIC INTERNATIONAL LAW BAR Q & A (2009-20191 417

Representatives unless he is a natural-born citizen of foreign citizenship, rendering him eligible for the
the Philippines (Article VI, Section 6) position.

(c) Did X's proclamation divest the (a) Was H's filing of a CoC sufficient to
COMELEC of its jurisdiction to decide the renounce foreign citizenship? Explain. (2.5%)
case and vest the House of Representatives
Electoral Tribunal (HRET) jurisdiction to No, H's filing of a CoC cannot be considered as suf-
hear the case? Explain. (2%) ficient to renounce foreign citizenship.

No, the proclamation of X does not serve to divest Under Section 5 of R.A. No. 9225, on the basis of
the COMELEC of its jurisdiction over the case. It may which he became a dual citizen, those seeking elective
still decide the same despite said proclamation. public office in the Philippines shall meet the qualifica-
tions for holding such public office as required by the
The rule is that the COMELEC will be divested of Constitution and existing laws and, at the time of the
said jurisdiction, and the House of Representatives Elec- filing of the certificate of candidacy, make a personal
toral Tribunal shall exercise sole jurisdiction over the and sworn renunciation of any and all foreign citizen-
case, only after it is shown that X would have been pro- ships before any public officer authorized to administer
claimed as the winning candidate, taken his proper oath an oath. It must be noted that, upon taking said second
and assumed office. (Reyes v. COMELEC, G.R. No. oath, the citizen ceases to be a dual citizen. (Lopez L'.
207264, October 22, 2013) COMELEC, G.R. No. 182701, July 23, 2008; JC£cot v.
Although X may have been proclaimed, it is clear Dal, G.R. No. 179848, November 27, 2008, 572 SCRA
that he is yet to take his proper oatn and assume office. 295; see Sobejana-Condon v. Commission on Elections,
The COMELEC therefore retains its jurisdiction over G.R. No. 198742, August 10, 2012)
his case.
(b) Assuming that H is a dual citizen be-
cause his parents are Filipino citizens and he
B.20.
was born in California, USA, was the his filing
H, a naturalized American citizen who later of a CoC sufficient to renounce his foreign
citizenship? Explain. (2.5%)
became a dual citizen under Republic Act No.
9225 (the Citizenship Retention and Reacquisition
It is submitted that his filing of his CoC can be con-
Act), decided to run for Congress and thus filed a
sidered as sufficient for purposes of his renunciation of
certificate of candidacy (CoC). A citizen argued his foreign or American citizenship.
that H is ineligible for the position because of his
status as a dual citizen. H responded that his act As held in Mercado v. Manzano (G.R. No. 135083,
of filing a CoC amounted to his renunciation of May 26, 1999), a dual citizen by reason of the concur-
rent application of the )us soli and )us sanguinis princi-
418 POLITICAL LA\V AND PuBLIC INTERNATIONAL L; W

ples, as in the case of H, can be considered as solely a

natural-born Philippine citizen upon his filing of a cer-
tificate of candidacy for a position which requires natu-
ral-born citizenship as a qualification.
By declaring in his certificate of candidacy that he
is a Filipino citizen; that he is not a permanent resident
or immigrant of another country; that he will defend
and support the Constitution of the Philippines and
bear true faith and allegiance thereto and that he does
so without mental reservation, he can, as far as the laws
of this country are concerned, be considered as having
effectively repudiated his American citizenship and
anything which he may have said before as a dual citi-
zen. (Valles u. Commission on Elections, G.R. No.
137000, August 9, 2000; Cordora u. Commission on Elec-
tions, G.R. No. 17694 7, February 19, 2009)

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