2016 Possible Bar Questions in POLITICAL LAW
2016 Possible Bar Questions in POLITICAL LAW
2016 Possible Bar Questions in POLITICAL LAW
BAR QUESTIONS IN
POLITICAL LAW
By: Atty. Enrique V. dela Cruz, Jr.
The Philippine
Constitution
Q: How may the Constitution be amended or
revised?
CONASS
By Congress upon a vote of of all its
members acting as Constituent Assembly
(ConAss);
ConAss is not subject to judicial review, the
manner the proposals are made is subject to
judicial review.
Since ConAss owes their existence to the
Constitution, the courts may determine whether
the assembly has acted in accordance with the
Constitution.
Q: How may the Constitution be amended or
revised?
By Constitutional Convention (ConCon)
Note: Congress may call a ConCon:
1. By a vote of 2/3 of all its members; or
2. By a majority vote of all its members, submit such
question to the electorate.
If Congress, acting as a ConAss, calls for a ConCon
but does not provide details for the calling of such
ConCon, Congress by exercising its ordinary
legislative power may supply such details. But in so
doing, the Congress (as legislature) should not
transgress the resolution of Congress acting as a
ConAss.
Q: How may the Constitution be amended or
revised?
By Peoples Initiative upon a petition of at least
12% of the total number of registered voters, of
which every legislative district must be
represented by 3% of the registered voters
therein.
Note: The Constitution may be amended
not oftener than every 5 years through
initiative.
Revisions cannot be done through Initiative.
(Lambino v. Comelec, G.R. No. 174153, Oct. 25, 2006)
Q: How do you determine whether a proposed
change is an amendment or a revision?
ANSWER: Quantitative test asks whether the
proposed change is so extensive in its provisions as to
change directly the substantial entirety of the
Constitution by the deletion or alteration of numerous
existing provisions. One examines only the number of
provisions affected and does not consider the degree
of the change.
Note:
Alejandro v. Quezon, 46 Phil. 83 (1924)
(suspension of senator for disorderly conduct for
assaulting a fellow senator):
Osmea v. Pendatun, 109 Phil. 863 (1960)
(suspension of senator for disorderly behavior for
imputing bribery to President Garcia)
Can a senator or congressman be suspended by
the Sandiganbayan or the Ombudsman?
A: YES. Members of Congress may also be
suspended by the Sandiganbayan or by the Office of
the Ombudsman (Paredes v. Sandiganbayan G.R.
No. 118364. August 10, 1995; Santiago v.
Sandiganbayan, G.R. No. 128055, April 18, 2001).
Note: Martial law shall not be more than 60 days following which it
shall be lifted unless extended by Congress. Further, the
President, personally or in writing, has the duty to report to
Congress within 48 hours.
What are the requisites for the
suspension of the privilege of the
writ of habeas corpus?
1. There must be an invasion or rebellion; and
Thus, when Section 17 states that the State may, during the emergency
and under reasonable terms prescribed by it, temporarily take over or
direct the operation of any privately-owned public utility or business
affected with public interest but refers to Congress, not the President.
YES. The assailed JBC policy does not fall within the
administrative rules and regulations exempted from the
publication requirement.
The assailed policy involves a qualification standard by which
the JBC shall determine proven competence of an applicant.
It is not an internal regulation, because if it were, it would
regulate and affect only the members of the JBC and their staff.
Thus, it is but a natural consequence thereof that potential
applicants be informed of the requirements to the judicial
positions, so that they can comply. (Judge Ferdinand
Villanueva vs. the JBC, G.R. No. 211833, 07 April 2015)
Q: Does the 5-year service policy for First Level
Judges violate the equal protection clause?
NO. Consideration of experience by JBC as one factor in
choosing recommended appointees does not constitute a
violation of the equal protection clause.
The JBC does not discriminate when it employs number of
years of service to screen and differentiate applicants from
the competition.
The number of years of service provides a relevant basis to
determine proven competence which may be measured by
experience, among other factors.
The difference in treatment between lower court judges who
have served at least five years and those who have served
less than five years, is based on substantial distinctions.
(Judge Ferdinand Villanueva vs. the JBC, G.R. No.
211833, 07 April 2015)
TENURE
AND
DISCIPLINARY
POWERS
How long can members of
SC and judges hold office?
Members of SC and judges of the lower
courts can hold office during good
behavior until: