Article VII: Executive Department Sec. 1. The executive power shall be vested in the President o the Philippines. Sec. !. The President and the Vice" President shall be elected b# direct vote o the people or a term o six #ears which shall be$in at noon on the thirtieth da# o %une next ollowin$ the da# o the election and shall end at noon o the same date& six #ears thereater. The President shall not be eli$ible or an# re" election. 'o person who has succeeded as President and has served as such or more than our #ears shall be (uali)ed or election to the same o*ce at an# time. 'o Vice"President shall serve or more than two successive terms. Voluntar# renunciation o the o*ce or an# len$th o time shall not be considered as an interruption in the continuit# o the service or the ull term or which he was elected. +nless otherwise provided b# law& the re$ular election or President and Vice" President shall be held on the second ,onda# o ,a#. ,a#. The returns o ever# election or President and Vice"President& Vice"President& dul# certi)ed b# the board o canvassers o each province or cit#& shall be transmitted to the -on$ress& directed to the President o the Senate. +pon receipt o the certi)cates o canvass& the President o the Senate shall& not later than thirt# da#s ater the da# o the election& open all the certi)cates in the presence o the Senate and the ouse o /epresentatives in 0oint public session& and the -on$ress& upon determination o the authenticit# and due execution thereo in the manner provided b# law& canvass the votes.
The person havin$ the hi$hest number o votes shall be proclaimed elected& but in case two or more shall have an e(ual and hi$hest number o votes& one o them shall orthwith be chosen b# the vote o a ma0orit# o all the ,embers o both ouses o the -on$ress& votin$ separatel#. The -on$ress shall promul$ate its rules or the canvassin$ o the certi)cates. The Supreme -ourt& sittin$ en banc& shall be the sole 0ud$e o all contests relatin$ to the election& returns& and (uali)cations o the President or Vice"President& and ma# promul$ate its rules or the purpose. 21 3ar& 4. 5: A chie characteristic o the presidential orm o $overnment is: a.
concentrat concentration ion of of power power in the judicia judiciary ry thru thru the power of expanded judicial review; b. supremac# o the presidenc# compared to the totalit# o powers o the le$islative6 c. re$ular periodic election o the President or a )xed term6 d. unlimited unlimited term term for for the Presi President dent for for as long long as elected by the people in free and honest elections.
Answer: (b) Free Telephone or!ers "nion v. #inister of $abor and %mployment or (c) &rt. ' *ec. + 21 3ar& 4. IV: ,r. 7ellow and ,r. 8ran$e were the leadin$ candidates in the vice" presidential elections. Ater elections& 7ellow 7ellow emer$ed as the winner b# a slim mar$in o 122&222 votes. +ndaunted& 8ran$e )led a protest with the Presidential Electoral Tribunal 9PET. Ater due consideration o the acts and the issues& the PET ruled that 8ran$e was the real winner o the elections and ordered his immediate proclamation. proclamation.
a. A$$rieve A$$rieved& d& 7ellow 7ellow )led with the Supreme -ourt a Petition or -ertiorari challen$in$ the decision o the PET alle$in$ $rave abuse o discretion. Does the Supreme -ourt have 0urisdiction; Explain. b.
The *, *, has no no jurisdicti jurisdiction on over over the petition. petition. The P%T is not simply an an agency to which the #embers of the *enate ,ourt were assigned. t is not separate from the *, (#acalintal v. P%T) b. The *, would would have have jurisdiction jurisdiction if it were were the *%T who issued the challenged ruling. The *, can review review its decision if it acted with grave abuse of discretion. c. The P%T is compose composed d of ,hief ,hief -ustice -ustice and the &ssociate -ustices of the *, sitting en banc. (&rt. ' *ec. +) d. *ee *ee &rt &rt.. ' ' *ec. *ec.
Sec. >. 3eore the# enter on the execution o their o*ce& the President& the Vice" President& or the Actin$ President shall ta?e the ollowin$ oath or a*rmation: @I do solemnl# swear 9or a*rm that I will aithull# and conscientiousl# ul)ll m# duties as President 9or Vice"President or Actin$ President o the Philippines& preserve and deend its -onstitution& execute its laws& do 0ustice to ever# man& and consecrate m#sel to the service o the 'ation. So help me od.@ 9In case o a*rmation& last sentence will be omitted. 21B 3ar& 4. V: As a leadin$ member o the Capian$ ,andiri$ma in the ouse o
/epresentatives& /epresentatives& #ou were tas?ed b# the part# to initiate the moves to impeach the President because he entered into an executive a$reement with the +S Ambassador or the use o the ormer Subic 'aval 3ase b# the +S 'av#& or ree& i.e.& without need to pa# rent nor an# ?ind o ees as a show o $oodwill to the +.S. because o the continuin$ harmonious /P" +S relations.
an# other proession& participate in an# business& or be )nanciall# interested in an# contract with& or in an# ranchise& or special privile$e $ranted b# the overnment or an# subdivision& a$enc#& or instrumentalit# thereo& includin$ $overnment"owned or controlled corporations or their subsidiaries. The# shall strictl# avoid con=ict o interest in the conduct o their o*ce.
-ite at least two 9 $rounds or impeachment and explain wh# #ou chose them.
The spouse and relatives b# consan$uinit# or a*nit# within the ourth civil de$ree o the President shall not& durin$ his tenure& be appointed as ,embers o the -onstitutional -ommissions& -ommissions& or the 8*ce o the 8mbudsman& or as Secretaries& +ndersecretaries& +ndersecretaries& chairmen or heads o bureaus or o*ces& includin$ $overnment" owned or controlled corporations and their subsidiaries. subsidiaries.
President can be impeached for A: The President culpable violation of the ,onstitution and betrayal of public trust. The *, has already ruled that the provision in &rt. /' *ec. 01 of the ,onstitution re2uires a treaty even for the mere temporary presence of foreign troops in the Philippines (3ayan v. 4amora 5.6. 7o. 891:
ouse of 6epresentatives 6epresentatives 'ol. ' p. 118). 3etrayal of public trust includes violation of the oath of o?ce of the President (6ecord of the ,onstitutional ,ommission 'ol. p. 0:0). n his oath of o?ce the President swore to preserve and defend the ,onstitution. President can be impeached Alternative: The President for culpable violation of the ,onstitution and graft and corruption (&rt. / *ec. 0). 3y entering into the executive agreement agreement the President violated *ec. 8(e) of the &nti@5raft and ,orrupt Practices &ct because of the undue injury to the 6epublic of the Philippines.
Sec. 1B. The President& Vice"President& the ,embers o the -abinet& and their deputies or assistants shall not& unless otherwise provided in this -onstitution& hold an# other o*ce or emplo#ment durin$ their tenure. The# shall not& durin$ said tenure& directl# or indirectl#& practice
21! 3ar& 4. VI: ,ar$ie has been in the 0udiciar# or or a lon$ time& time& startin$ rom rom the lowest court. Twent# 92 #ears rom her )rst #ear in the 0udiciar#& she was nominated as a %ustice in the -ourt o Appeals. ,ar$ie also happens to be a )rst"de$ree cousin o the President. The %udicial and 3ar 3ar -ouncil included included her in the short"list submitted to the President whose term o o*ce was about to end it was a month beore the next presidential elections. Assumin$ that he can still ma?e appointments& appointments& could he appoint ,ar$ie& his cousin; President may also appoint his Arst A: The President cousin #argie as -ustice of the ,&. The prohibition in &rt. ' *ec. 8 of the ,onstitution against appointment by the President of relatives within the fourth degree by consanguinity or a?nity does not include appointments to the -udiciary.
Sec. 15. The President shall nominate and& with the consent o the -ommission on Appointments& appoint the heads o
the executive departments& ambassadors& other public ministers and consuls& or o*cers o the armed orces rom the ran? o colonel or naval captain& and other o*cers whose appointments are vested in him in this -onstitution. e shall also appoint all other o*cers o the overnment whose appointments are not otherwise provided or b# law& and those whom he ma# be authoried b# law to appoint. The -on$ress ma#& b# law& vest the appointment o other o*cers lower in ran? in the President alone& in the courts& or in the heads o departments& a$encies& commissions& or boards. The President shall have the power to ma?e appointments durin$ the recess o the -on$ress& whether voluntar# or compulsor#& but such appointments shall be eFective onl# until disapproved b# the -ommission on Appointments or until the next ad0ournment o the -on$ress. 211 3ar& 4. 95>:
21B 3ar& 4. II.
/epresentatives& /epresentatives& #ou were tas?ed b# the part# to initiate the moves to impeach the President because he entered into an executive a$reement with the +S Ambassador or the use o the ormer Subic 'aval 3ase b# the +S 'av#& or ree& i.e.& without need to pa# rent nor an# ?ind o ees as a show o $oodwill to the +.S. because o the continuin$ harmonious /P" +S relations.
an# other proession& participate in an# business& or be )nanciall# interested in an# contract with& or in an# ranchise& or special privile$e $ranted b# the overnment or an# subdivision& a$enc#& or instrumentalit# thereo& includin$ $overnment"owned or controlled corporations or their subsidiaries. The# shall strictl# avoid con=ict o interest in the conduct o their o*ce.
-ite at least two 9 $rounds or impeachment and explain wh# #ou chose them.
The spouse and relatives b# consan$uinit# or a*nit# within the ourth civil de$ree o the President shall not& durin$ his tenure& be appointed as ,embers o the -onstitutional -ommissions& -ommissions& or the 8*ce o the 8mbudsman& or as Secretaries& +ndersecretaries& +ndersecretaries& chairmen or heads o bureaus or o*ces& includin$ $overnment" owned or controlled corporations and their subsidiaries. subsidiaries.
President can be impeached for A: The President culpable violation of the ,onstitution and betrayal of public trust. The *, has already ruled that the provision in &rt. /' *ec. 01 of the ,onstitution re2uires a treaty even for the mere temporary presence of foreign troops in the Philippines (3ayan v. 4amora 5.6. 7o. 891: ouse of 6epresentatives 6epresentatives 'ol. ' p. 118). 3etrayal of public trust includes violation of the oath of o?ce of the President (6ecord of the ,onstitutional ,ommission 'ol. p. 0:0). n his oath of o?ce the President swore to preserve and defend the ,onstitution. President can be impeached Alternative: The President for culpable violation of the ,onstitution and graft and corruption (&rt. / *ec. 0). 3y entering into the executive agreement agreement the President violated *ec. 8(e) of the &nti@5raft and ,orrupt Practices &ct because of the undue injury to the 6epublic of the Philippines.
Sec. 1B. The President& Vice"President& the ,embers o the -abinet& and their deputies or assistants shall not& unless otherwise provided in this -onstitution& hold an# other o*ce or emplo#ment durin$ their tenure. The# shall not& durin$ said tenure& directl# or indirectl#& practice
21! 3ar& 4. VI: ,ar$ie has been in the 0udiciar# or or a lon$ time& time& startin$ rom rom the lowest court. Twent# 92 #ears rom her )rst #ear in the 0udiciar#& she was nominated as a %ustice in the -ourt o Appeals. ,ar$ie also happens to be a )rst"de$ree cousin o the President. The %udicial and 3ar 3ar -ouncil included included her in the short"list submitted to the President whose term o o*ce was about to end it was a month beore the next presidential elections. Assumin$ that he can still ma?e appointments& appointments& could he appoint ,ar$ie& his cousin; President may also appoint his Arst A: The President cousin #argie as -ustice of the ,&. The prohibition in &rt. ' *ec. 8 of the ,onstitution against appointment by the President of relatives within the fourth degree by consanguinity or a?nity does not include appointments to the -udiciary.
Sec. 15. The President shall nominate and& with the consent o the -ommission on Appointments& appoint the heads o
the executive departments& ambassadors& other public ministers and consuls& or o*cers o the armed orces rom the ran? o colonel or naval captain& and other o*cers whose appointments are vested in him in this -onstitution. e shall also appoint all other o*cers o the overnment whose appointments are not otherwise provided or b# law& and those whom he ma# be authoried b# law to appoint. The -on$ress ma#& b# law& vest the appointment o other o*cers lower in ran? in the President alone& in the courts& or in the heads o departments& a$encies& commissions& or boards. The President shall have the power to ma?e appointments durin$ the recess o the -on$ress& whether voluntar# or compulsor#& but such appointments shall be eFective onl# until disapproved b# the -ommission on Appointments or until the next ad0ournment o the -on$ress. 211 3ar& 4. 95>:
21B 3ar& 4. II.
A: 7o the petition should not be granted. The Cepartment >ead is an alter ego of the President and must enjoy his conAdence even if the appointment will be merely temporary. temporary. The *enators cannot cannot re2uire the President President to designate an "ndersecretary to be the temporary alter ego of the President (Pimentel -r. v. v. %rmita 5.6. 7o. D+E:9 D+E:9
211 3ar& 4. 9!>: The PresidentGs appointment o an actin$ secretar# althou$h -on$ress is in session is (a) 9b (c) (c) (d)
voida voidable ble.. valid. val id. inva invali lid. d. unenf unenforc orceab eable. le.
211 3ar& 4. 9J5: Since the -onstitution is silent as to who can appoint the -hairman o the -ommission on uman /i$hts& the President appointed < to that position without submittin$ his appointment to the -ommission on Appointments or con)rmation. Is
7o since since the positi position on of of ,hairman ,hairman of the the ,ommission was created by statute the appointment of its holder re2uires the consent of ,ongress. b. 7es& since the power to appoint in the $overnment& i not lod$ed elsewhere& belon$s to the President as -hie Executive. c. es sinc since e the powe powerr to All All up all all government positions mentioned in the ,onstitution has been lodged in the President. d. 7o becaus because e absent absent any any expres express s authority authority under the ,onstitution the power to appoint does not exist.
211 3ar& 4. 9JL: The -hie %ustice appointed H& the PresidentKs sister& as Assistant -ourt Administrator in the Supreme -ourt durin$ the PresidentGs tenure. -laimin$ that the -onstitution -onstitution prohibits the appointment in $overnment o a PresidentKs relative& a taxpa#er as?s or its nulli)cation.
es since since the appointme appointment nt essentia essentially lly violates the law against nepotism. es because because relati relatives ves of the the Presiden Presidentt within the fourth civil degree cannot be
appointed as heads of o?ces in any department of government. c. 7o 7o /Gs appoi appointm ntment ent althoug although h in the government government is not in the %xecutive Cepartment that the President heads. d. 'o& the position to which H was appointed is not amon$ those prohibited under the -onstitution.
Sec. 1L. The President shall have control o all the executive departments& bureaus& and o*ces. e shall ensure that the laws be aithull# execute executed. d. 21! 3ar& 4. VII: The President& concerned about persistent reports o widespread irre$ularities irre$ularities and shenani$ans related to the alle$ed $host pro0ects with which the por? barrel unds o members o -on$ress had been associated& decided not to release the unds authoried under a Special Appropriations Act or the construction o a new brid$e. The -hie Executive explained that& to properl# conserve and preserve the limited unds o the $overnment& as well as to avoid urther mistrust b# the people& such a pro0ect which he considered as unnecessar# since there was an old brid$e near the proposed brid$e which was still unctional should be scrapped. Does the President have such authorit#; President has the authority to withhold withhold A: The President the release of the funds under a *pecial &ppropriation &ct for a project which he considered unnecessary. The faithful execution of the law re2uires the President to desist from implementing a law if by doing so will prejudice public interest. t is folly to re2uire the President to spend the entire amounts appropriated in the law in such a case (Philippine ,onstitution &ssociation v. %nri2ueH 5.6. 7o. 81 &ugust E EE+) President does not possess Alternative: The President the authority to scrap the *pecial &ppropriation &ct for the construction of new bridge. >is
refusal to spend the funds appropriated for the purpose is unlawful. The President is expected to faithfully implement the purpose for which ,ongress appropriated funds. 5enerally he cannot replace legislative discretion with his own personal judgment as to the wisdom of a law (&raullo v. &2uino 5.6. 7o. 0E09: -uly 0+)
Sec. 1M. The President shall be the -ommander"in"-hie o all armed orces o the Philippines and whenever it becomes necessar#& he ma# call out such armed orces to prevent or suppress lawless violence& invasion or rebellion. In case o invasion or rebellion& when the public saet# re(uires it& he ma#& or a period not exceedin$ sixt# da#s& suspend the privile$e o the writ o habeas corpus or place the Philippines or an# part thereo under martial law.
citien& the su*cienc# o the actual basis o the proclamation o martial law or the suspension o the privile$e o the writ or the extension thereo& and must promul$ate its decision thereon within thirt# da#s rom its )lin$. A state o martial law does not suspend the operation o the -onstitution& nor supplant the unctionin$ o the civil courts or le$islative assemblies& nor authorie the conerment o 0urisdiction on militar# courts and a$encies over civilians where civil courts are able to unction& nor automaticall# suspend the privile$e o the writ. The suspension o the privile$e o the writ shall appl# onl# to persons 0udiciall# char$ed or rebellion or oFenses inherent in or directl# connected with invasion. Durin$ the suspension o the privile$e o the writ& an# person thus arrested or detained shall be 0udiciall# char$ed within three da#s& otherwise he shall be released. 21 3ar& 4. !M: The privile$e o the writ o habeas corpus shall not be suspended except in cases o: a.
imminent danger of invasion or rebellion when the public safety re2uires it; b. grave danger of invasion or rebellion when the public safety re2uires it; c. clear and present danger of invasion or rebellion when the public safety re2uires it; d. invasion or rebellion when the public saet# re(uires it. 9Art. VII& Sec. 1M
211 3ar& 4. 9BM:
b. c. d.
the ,ommander@in@,hief power. the power of supervision. the calling out power.
211 3ar& 4. 9!: The President ma# proclaim martial law over a particular province sub0ect to revocation or extension a. b. c. d.
by ,ongresssubject to ratiAcation by the *upreme ,ourt. by the *upreme ,ourt. b# -on$ress alone by ,ongress upon recommendation of the respective *angguniang Panlalawigan.
211 3ar& 4. 9L>: The President -A''8T call out the militar# a. b. c. d.
to enorce customs laws. to secure shopping malls against terrorists. to arrest persons committing rebellion. to raid a suspected haven of lawless elements.
211 3ar& 4. 9JB: The President issued Proclamation J>1L declarin$ a state o emer$enc# and callin$ the armed orces to immediatel# carr# out necessar# measures to suppress terrorism and lawless violence. In the same proclamation& he directed the $overnmentGs temporar# ta?eover o the operations o all privatel# owned communication utilities& prescribin$ reasonable terms or the ta?eover. Is the ta?eover valid; a.
es it is an implied power Iowing from the PresidentGs exercise of emergency power. b. 'o& it is a power reserved or -on$ress alone. c. es subject to ratiAcation by ,ongress. d. 7o it is a power exclusively reserved for the PeopleGs direct action.
Sec. 1J. Except in cases o impeachment& or as otherwise provided in this -onstitution& the President ma# $rant reprieves& commutations& and pardons& and remit )nes and oreitures& ater conviction b# )nal 0ud$ment. e shall also have the power to $rant amnest# with the concurrence o a ma0orit# o all the ,embers o the -on$ress. 21! 3ar& 4. HH: +nder the so"called doctrine o (uali)ed political a$enc#: (a) civil servants must Arst 2ualify before they could be appointed to o?ce (b) all employees in the government are merely agents of the people 9c the acts o subordinates presumptivel# o those o the heads o o*ces disapproves them (d) members of the ,abinet must have the absolute trust and conAdence of the President
21 3ar& 4. L:
the legislature passes a law that prohibits the president from commuting a judiciary imposed sentence as a chec! of the president; b. the President pardons a convict as a wa# to set aside or modi# a 0ud$ment o the 0udiciar#6 c. the judiciary overturns a pardon granted by the President as a chec! on executions; d. the President pardons an accused after arraignment in the interest of justice.
b. c.
d.
,ongress increases the budget proposal of the President. the President does not release the countryside development funds to members of ,ongress. ,ongress expands the appellate jurisdiction of the *upreme ,ourt as deAned by the ,onstitution.
21 3ar& 4. 5: The President cannot $rant pardon in cases o impeachment. e ma# however exercise such power when: a. A person convicted in an impeachment proceedin$ is sub0ect to prosecution& trial and punishment in an ordinar# criminal action6 9Art. VII& Sec. 1J b. & person convicted in an impeachment proceeding is granted an absolute pardon; c. & person convicted in an impeachment proceeding Ales his appeal before the *upreme ,ourt; d. 7one of the above. 211 3ar& 4. 9>M: Nollowin$ -8,ECE-hairman 3oca#Gs conviction or acts o corruption in the impeachment proceedin$s& he was indicted or plunder beore the Sandi$anba#an and ound $uilt#& as char$ed. -an he $et Presidential pardon on the plunder case; a. b.
211 3ar& 4. 955 The s#stem o chec?s and balances operates when
7o plunder is not a pardonable oBense. 7o conviction in a criminal case for the same acts charged in the impeachment proceedings is not pardonable. c. es convictions in two diBerent fora for the same acts are too harsh that they are not beyond the reach of the PresidentJs pardoning power. d. 7es& conviction in court in a criminal action is sub0ect to the PresidentGs pardonin$ power.
a. the President nulli)es a conviction in a criminal case b# pardonin$ the oFender.
Sec. 2. The President ma# contract or $uarantee orei$n loans on behal o the /epublic o the Philippines with the prior
concurrence o the ,onetar# 3oard& and sub0ect to such limitations as ma# be provided b# law. The ,onetar# 3oard shall& within thirt# da#s rom the end o ever# (uarter o the calendar #ear& submit to the -on$ress a complete report o its decision on applications or loans to be contracted or $uaranteed b# the overnment or $overnment"owned and controlled corporations which would have the eFect o increasin$ the orei$n debt& and containin$ other matters as ma# be provided b# law. 21B 3ar& 4. ,-4 9HVIII.
21 3ar& 4. 5M: The President ma# contract or $uarantee orei$n loans on behal o the /epublic o the Philippines onl# upon prior concurrence o the: a. b. c. d.
>ouse of 6epresentatives; *enate; ,entral 3an!; ,onetar# 3oard.
Article VIII: %udicial Department Sec. 1. The 0udicial power shall be vested in one Supreme -ourt and in such lower courts as ma# be established b# law. %udicial power includes the dut# o the courts o 0ustice to settle actual controversies involvin$ ri$hts which are le$all# demandable and enorceable& and to determine whether or not there has been a $rave abuse o discretion amountin$ to lac? or excess o 0urisdiction on the part o an# branch or instrumentalit# o the overnment. 21! 3ar& 4. HI: In ?eepin$ with the modern a$e o instant and incessant inormation and transormation& -on$ress passed -#bercrime Prevention Act to re$ulate access to and use o the amenities o the c#berspace.
A: The *, can proceed to decide the case even if the law has not yet become eBective. *ince the petitions Aled sought to nullify the ,ybercrime Prevention &ct because it violated several provisions of the 3ill of 6ights the *, became duty@bound to settle the dispute (Tanada v. &ngara 5.6. 7o. 90E1 #ay 0 EE:). *ince it alleged that the ,ybercrime Prevention &ct violates various provisions of the 3ill of 6ights including freedom of speech freedom of the press and the right against unreasonable searches and seiHures the issues raised are of paramount public interest of transcendental importance and with far@ reaching constitutional implications that justifying dispensation with locus standi and exercise of the power of judicial review by the *, (,haveH v. 5onHales 5.6. 7o. D9889 February 1 09). -urisprudence provides that locus standi is not re2uired when the action was Aled to prevent a chilling eBect on the exercise of the right to freedom of expression and overbreadth. 21 3ar& 4. J: A person who has a personal and substantial interest in the case& such that he has sustained& or will sustain& direct in0ur# as a result o its enorcement is considered to have: a.
understanding to challenge the governmental act; b. standin$ to challen$e the $overnmental act6 9People v. Vera c. opportunity to challenge the governmental act; d. familiarity to challenge the governmental act. 21 3ar& 4. B2: -on$ressman Su$ar 8ll authored a bill called ouse 3ill 'o& 22>5 which le$alies 0ueten$. 5& Nr. 'osu al& a priest& )led a petition see?in$ or the nulli)cation o /A 121>5 on the $round that it is unconstitutional as it violates Section 1B& Article II& o the 1JML -onstitution which states that @The state reco$nies the vital role o the #outh in nation"buildin$ and shall promote and protect their ph#sical& moral& spiritual&
intellectual& and social well"bein$@. Nr. al )led the petition as a concerned citien and as taxpa#er. Does Nr. al have locus standi; a. 'o& because Nr. al has no personal and substantial interest that will be pre0udiced b# the implementation o the law6 b. 7o the law concerns neither citiHens nor expenditure of public funds; c. 7es& because the issue is o transcendental importance6 d. es because as priest Fr. 5al has special interest in the well@being of the youth. A: (a). 3asco v. P&5,<6; (c) Francisco v. >ouse of 6epresentatives 21 3ar& 4. B1:
21 3ar& 4. B: The @operative act@ doctrine o constitutional law is applied when a law is declared: a. b. c. d.
operative; factual; constitutional; unconstitution al 9De A$ba#ani v. P'3
211 3ar& 4. 9>5
the operative act doctrine. the rule against double jeopardy. the doctrine of supervening event. the orthodox doctrine.
211 3ar& 4. 9>. -ourts ma# still decide cases that have otherwise become academic when the# involve a. b. c. d.
the basic interest o people. petitions for habeas corpus. acts of the ,hief %xecutive. Presidential election protests.
211 3ar& 4. 9B!: -ourts ma# dismiss a case on $round o mootness when a. b. c. d.
the case is premature. petitioner lac!s legal standing. the (uestioned law has been repealed. the issue of validity of law was not timely raised.
211 3ar& 4. 9M!: A 0ud$e o the /e$ional Trial -ourt derives his powers and duties rom 9a (b) (c) (d)
statute. the President the appointing power. *upreme ,ourt issuances. the rules of court.
Sec. B. The %udiciar# shall en0o# )scal autonom#. Appropriations or the %udiciar# ma# not be reduced b# the le$islature below the amount appropriated or the previous #ear and&
ater approval& shall be automaticall# and re$ularl# released.
*heriBJs Fee of Culy 6egistered ,ooperatives &.#. 7o. 0@0@8@ #arch 8 00)
21! 3ar& 4. HHVII: -on$ress enacted a law exemptin$ certain $overnment institutions providin$ social services rom the pa#ment o court ees. Att#. Oristopher Timoteo challen$ed the constitutionalit# o the said law on the $round that onl# the Supreme -ourt has the power to )x and exempt said entities rom the pa#ment o court ees.
Sec. !91. The Supreme -ourt shall be composed o a -hie %ustice and ourteen Associate %ustices. It ma# sit en banc or in its discretion& in division o three& )ve& or seven ,embers. An# vacanc# shall be )lled within ninet# da#s rom the occurrence thereo.
-on$ress& on the other hand& ar$ues that the law is constitutional as it has the power to enact said law or it was throu$h le$islative )at that the %udiciar# Development Nund 9%DN and the Special Allowance or %ud$es and %ustices 9SA%%& the undin$ o which are sourced rom the ees collected b# the courts& were created. Thus& -on$ress urther ar$ues that i it can enact a law utiliin$ court ees to und the %DN and SA%%& a ortiori it can enact a law exemptin$ the pa#ment o court ees. Discuss the constitutionalit# o the said law& ta?in$ into account the ar$uments o both parties;
21! 3ar& 4. VII: ,ar$ie has been in the 0udiciar# or a lon$ time& startin$ rom the lowest court. Twent# 92 #ears rom her )rst #ear in the 0udiciar#& she was nominated as a %ustice in the -ourt o Appeals. ,ar$ie also happens to be a )rst"de$ree cousin o the President. The %udicial and 3ar -ouncil included her in the short"list submitted to the President whose term o o*ce was about to end it was a month beore the next presidential elections. -an the President still ma?e appointments to the 0udiciar# durin$ the so"called midni$ht appointment ban period; A: The President can ma!e appointments to the *, two months before a presidential election until the end of his term but not to the rest of the -udiciary li!e the ,ourt of &ppeals.
A: The law is unconstitutional. The ,onstitution has ta!en away the power of ,ongress to repeal alter or supplement the 6ules of ,ourt. The Ascal autonomy of the -udiciary guaranteed by &rt. ' *ec. 8 of the ,onstitution recogniHed the authority of the *upreme ,ourt to levy assess and collect fees. ,ongress cannot amend the rules promulgated by the *, for the payment of legal fees by granting exemptions (n reK Petition for 6ecognition of %xemption of the 5** from Payment of $egal Fees &.#. 7o. 9@ 0@@ February 0); (n reK %xemption of 7&P<,<6 from Payment of FilingLCoc!et Fees &.#. 7o. 1@@0@*, #arch 0); (n reK %xemption from Payment of ,ourt and
"nder &rt. ' *ec. +() of the ,onstitution vacancies in the *, shall be Alled within E days from the occurrence of the vacancy. "nder &rt. ' *ec. E of the ,onstitution vacancies in the lower courts shall be Alled within E days from submission of the list of nominees. These appointments are screened by the -udicial and 3ar ,ouncil (-3,) and the process necessarily precludes or prevents the President from ma!ing purely political appointments to the courts which is what is sought to be prevented by the prohibition (Ce ,astro v. -3, 5.6. 7o. E0 &pril 0 0)
Alternative: The President cannot ma!e appointments to the -udiciary during the two months before the presidential election until
the end of his term because of the ban in &rt. ' *ec. 1 of the ,onstitution. Cespite the constitutional mandate to All vacancies in -udiciary within the prescribed periods the prohibitions against the appointments releases the President from the obligation to appoint within them. The delay is excusable since it will be imposable to comply with his obligation.
211 3ar& 4. 95M Associate %ustice A retires rom the Supreme -ourt J2 da#s beore the orthcomin$ Presidential election. ,a# the incumbent President still appoint %ustice AGs successor; a.
7o it will violate the ,onstitutional prohibition against midnight appointments. b. 7es& vacancies in the Supreme -ourt should be )lled within J2 da#s rom occurrence o the vacanc#. c. es vacancies in the *upreme ,ourt should be Alled within E days from submission of -3, nominees to the President. d. 7o the incumbent President must yield to the choice of the next President
Sec. !9. All cases involvin$ the constitutionalit# o a treat#& international or executive a$reement& or law& which shall be heard b# the Supreme -ourt en banc& and all other cases which under the /ules o -ourt are re(uired to be heard en banc& includin$ those involvin$ the constitutionalit#& application& or operation o presidential decrees& proclamations& orders& instructions& ordinances& and other re$ulations& shall be decided with the concurrence o a ma0orit# o the ,embers who actuall# too? part in the deliberations on the issues in the case and voted thereon.
ille$all# dismissed 8N
b.
c. 21! 3ar& 4. III: In Serrano v. allant ,aritime Services& Inc.& >M S-/A >! 922J& the Supreme -ourt declared as violative o the E(ual Protection -lause the >th para$raph o 12 /.A. 'o. M2! 9,i$rant or discriminatin$ a$ainst
d.
actually sent in memos on matters for deliberation and called in their votes thereon; actually participated in the oral arguments and voted thereon; actuall# too? part in the deliberati ons on the issues in the case and voted thereon6 9Art. VIII& Sec. !9 actually too! part in the voting thereon and too! notes on the actual deliberations.
Sec. !9B. -ases or matters heard b# a division shall be decided or resolved with
the concurrence o a ma0orit# o the ,embers who actuall# too? part in the deliberations on the issues in the case and voted thereon& and in no case without the concurrence o at least three o such ,embers.
three votes6 9Art. VIII& Sec. !9B four votes; Ave vot es; six votes.
Sec. >9>. Promul$ate rules concernin$ the protection and enorcement o constitutional ri$hts& pleadin$& practice& and procedure in all courts& the admission to the practice o law& the inte$rated bar& and le$al assistance to the under" privile$ed. Such rules shall provide a simpli)ed and inexpensive procedure or the speed# disposition o cases& shall be uniorm or all courts o the same $rade& and shall not diminish& increase& or modi# substantive ri$hts. /ules o procedure o special courts and (uasi" 0udicial bodies shall remain eFective unless disapproved b# the Supreme -ourt. 21! 3ar& 4. HHH: -on$ress passed a law& /.A. 'o. 1>22>& creatin$ an administrative 3oard principall# tas?ed with the supervision and re$ulation o le$al education. The 3oard was attached to the Department o Education. It was empowered& amon$ others& to prescribe minimum standards or law admission and minimum (uali)cations o acult# members& the basic curricula or the
course o stud# ali$ned to the re(uirements or admission to the 3ar& law practice and social consciousness& as well as to establish a law practice internship as a re(uirement or ta?in$ the 3ar which a law student shall under$o an#time durin$ the law course& and to adopt a s#stem o continuin$ le$al education. Proessor 3oombastic?& a lon$" time law practitioner and lecturer in several presti$ious law schools& assails the constitutionalit# o the law ar$uin$6 that it encroached on the prero$atives o the Supreme -ourt to promul$ate rules relative to admission to the pra ctice o law& the Inte$rated 3ar& and le$al assistance to the underprivile$ed. I #ou were Proessor 3oombastic?Ks understud#& how ma# #ou help him develop clear& concise and co$ent ar$uments in support o his position based on the present -onstitution and the decisions o the Supreme -ourt on 0udicial independence and )scal autonom#; A: The statutory authority granted to the &dministrative 3oard to promulgate rules and regulations cannot encroach upon the exclusive authority of the *, to regulate the admission to the practice of law (&rt. ' *ec. 1(1)) Thus the &dministrative 3oard cannot prescribe additional standards for admission to the practice of law adopt a course of study which is inconsistent with the re2uirements of the *, and impose additional re2uirements to ta!e the bar examinations (Philippine $awyerJs &ssociation v. &grava 5.6. 7o. $@0+0D February D E1E). *ince ,ongress has no power to repeal alter or supplement the 6ules of ,ourt it cannot delegate such power of the &dministrative 3oard
21B 3ar& 4. IV: -on$ress enacted a law providin$ or trial b# 0ur# or those
char$ed with crimes or oFenses punishable b# reclusion perpetua or lie imprisonment. The law provides or the (uali)cations o members o the 0ur#& the $uidelines or the bar and bench or their selection& the manner a trial b# 0ur# shall operate& and the procedures to be ollowed. Is the law constitutional; A: The law providing for trial by jury is unconstitutional because of the omission in &rt. ' *ec. 1(1) of the E9: ,onstitution of the provisions in &rt. ' *ec. 8 of the E81 ,onstitution and &rt. ' *ec. 1(1) of the E:8 ,onstitution which both authoriHed the $egislature to repeal alter or supplement the rules of procedure promulgated by the *,. ,ongress can no longer enact any law governing rules of procedure for the courts (%chegaray v. *ec. of -ustice 5.6. 7o. 80D
Inte$rated 3ar shall serve or our #ears& the proessor o law or three #ears& the retired %ustice or two #ears& and the representative o the private sector or one #ear. B. The -ler? o the Supreme -ourt shall be the Secretar# ex o*cio o the -ouncil and shall ?eep a record o its proceedin$s. !. The re$ular ,embers o the -ouncil shall receive such emoluments as ma# be determined b# the Supreme -ourt. The Supreme -ourt shall provide in its annual bud$et the appropriations or the -ouncil. >. The -ouncil shall have the principal unction o recommendin$ appointees to the 0udiciar#. It ma# exercise such other unctions and duties as the Supreme -ourt ma# assi$n to it. 21B 3ar& 4. HI: In her interview beore the %udicial and 3ar -ouncil 9%3-& -ommissioner Annie Amorsolo o the 'ational Cabor /elations -ommission claims that she should be $iven credit or 0udicial service because as 'C/-ommissioner& she has the ran? o a %ustice o the -ourt o Appeals6 she ad0udicates cases that are appealable to the -ourt o Appeals6 she is assi$ned car plate 'o. 126 and she is& b# law& entitled to the ran?& bene)ts and privile$es o a -ourt o Appeals %ustice. I #ou are a member o the %3-& would #ou $ive credit to this explanation; A: 7o will not give credence to the explanation of ,ommission &nnie &morsolo. >er ran!ing merely means that she has the same salary and beneAts of a -ustice of the ,&. >owever she is not actually a -ustice of the ,&. The 7$6, is not a court. *he does not perform judicial functions (7oblejas v. Teehan!ee 5.6. 7o. $@09:E &pril 0E ED9) 211 3ar& 4. 9! The President wants to appoint A to the vacant post o Associate
%ustice o the Supreme -ourt because o his (uali)cations& competence& honest#& and e*cienc#. 3ut AKs name is not on the list o nominees that the %udicial and 3ar -ouncil 9%3- submitted to the President.
6e2uest the -3, to consider adding & to the list. Cecline to appoint from the list. Appoint rom the list. 6eturn the list to -3,.
Sec. 1B. The conclusions o the Supreme -ourt in an# case submitted to it or the decision en banc or in division shall be reached in consultation beore the case the case assi$ned to a ,ember or the writin$ o the opinion o the -ourt. A certi)cation to this eFect si$ned b# the -hie %ustice shall be issued and a cop# thereo attached to the record o the case and served upon the parties. An# ,ember who too? no part& or dissented& or abstained rom a decision or resolution must state the reason thereor. The same re(uirements shall be observed b# all lower colle$iate court 21! 3ar& 4. HII: The -ourt had adopted the practice o announcin$ its decision in important& controversial or interestin$ cases the moment the votes had been ta?en amon$ the 0ustices& even as the )nal printed decision and separate opinions are not #et available to the public. In a $reatl# anticipated decision in a case o wide"ran$in$ rami)cations& the votin$ was close M or the ma0orit#& while L were or the other side. Ater the -ourt had thus voted& it issued a press release announcin$ the result& with the advice that the printed cop# o the decision& to$ether with the separate opinions& were to be issued subse(uentl#. The ollowin$ da#& however& one o the members o the -ourt died. The -ourt then announced that it would deliberate anew on the case since apparentl# the
one who died belon$ed to the ma0orit#. -itiens or Transparenc#& a $roup o civic"spirited proessionals and ordinar# citiens dedicated to transparenc# and accountabilit# in the $overnment& (uestioned the act o the -ourt. The petitioners claimed the decision had alread# been validl# adopted and promul$ated. Thereore& it could no lon$er be recalled b# the -ourt. At the same time& the $roup also as?ed the -ourt to disclose to the public the ori$inal decision and the separate opinions o the ma$istrates& to$ether with what the# had deliberated on 0ust beore the# came up with the press release about the M"L decision.
Alternative: The decision can be promulgated even if the *, en banc is e2ually divided if after the case was again deliberated upon no majority decision was reached. f the case is an original action it should be dismissed. f it is an appealed case the decision appealed from should be a?rmed if it is a civil case. f it is a criminal case the accused should be ac2uitted (6ule 1D *ec. :; 6ule 01 *ec. 8 6ules of ,ourt)
9a
21B 3ar& 4. ,-4 9IH. The provision under the -onstitution "that an# member who too? no part& dissented& or inhibited rom a decision or resolution must state the reason or his dissent or non" participation " applies .
A: (a) The decision cannot be deemed to have been promulgated simply because of the announcement of the voting in the press release because the decision has not yet been issued and Aled with the ,ler! of ,ourt. "ntil the decision is Aled with the ,ler! of ,ourt the -ustices still have control over the decision and they can still change their votes ($im!aichong v. ,<#%$%, 5.6. 7o. :998@80 -uly 8 0E) (b) The decision can no longer be promulgated if the -ustice who belonged to the majority died for lac! of a majority vote. The vote he cast is no longer valid as he was no longer an incumbent member of the *,
($ao v. To@,hip 5.6. 7o. :D1E: February 0D E99)
(c) The *, should not release to the public the majority opinion and the separate opinions as well as its deliberations. They are part of its conAdential internal deliberations ($im!aichong v. ,<#%$%, 5.6. 7o. :998@80 -uly 8 0E).
(a) only to the *upreme ,ourt (b) to both the *upreme ,ourt and the ,ourt of &ppeals (c) to the *upreme ,ourt ,ourt of &ppeals and the *andiganbayan 9d to the Supreme -ourt& the -ourt o Appeals& the Sandi$anba#an and the -ourt o Tax Appeals 9Art. VIII& Sec. 1B o the 1JML -onstitution (e) to all collegial judicial and 2uasi@judicial adjudicatory bodies
Article IH: -onstitutional -ommission A. -ommon Provisions Sec. 1. The -onstitutional -ommissions& which shall be independent& are the -ivil Service -ommission& the -ommission on Elections& and the -ommission on Audit.
21B 3ar& 4. ,-4 9H: -hoose the least accurate statement about the independence $uaranteed b# the 1JML -onstitution to the ollowin$ constitutional bodies: 9a The -onstitution $uarantees the -8,ECE- decisional and institutional independence similar to that $ranted to the %udiciar# 9Art. IH"A& 1JML -onstitution (b) &ll bodies labeled as MindependentM by the ,onstitution enjoy Ascal autonomy as an attribute of their independence. 9c 'ot all bodies labeled as @independent@ b# the -onstitution were intended to be independent rom the Executive branch o $overnment 9Alternative Answer (d) The ,onstitution guarantees various degrees of independence from the other branches of government when it labels bodies as MindependentM. (e) The ,<#%$%, the ,<& and the ,*, enjoy the same degree of independence. 21 3ar& 4. >B:
Sec. >. The -ommission shall en0o# )scal autonom#. Their approved annual appropriations shall be automaticall# and re$ularl# released. 21! 3ar& 4. HVII: Towards the end o the #ear& the -ommission on Audit 9-8A sou$ht the remainder o its appropriation rom the Department o 3ud$e t and ,ana$ement 9D3,. owever& the D3,
reused because the -8A had not #et submitted a report on the expenditures relative to the earlier amount released to it. And& pursuant to the @no report& no release@ polic# o the D3,& -8A is not entitled to an# urther releases in the meantime. -8A counters that such a polic# contravenes the $uarant# o )scal autonom# $ranted b# the -onstitution. Is -8A entitled to receive the rest o its appropriations even without compl#in$ with the D3, polic#; A: The ,<& is entitled to receive the rest of its appropriations even without complying with the policy of the C3#. &rt. /@& *ec. 1 provides that its approved annual appropriations shall be automatically and regularly released. The *ecretary of 3udget and #anagement cannot ma!e the release of the appropriations subject to the submission of reports (,*, v. C3# 5.6. 7o. 19:E -uly 00 01) 21 3ar& 4. >!: The independent -onstitutional -ommissions en0o#:
the time o their appointment& at least thirt#")ve #ears o a$e& with proven capacit# or public administration& and must not have been candidates or an# elective position in the elections immediatel# precedin$ their appointment. 21 3ar& 4. >>: The -ivil Service shall be administered b# the -ivil Service -ommission composed o a: a. ,hairman and a ,ommissioner; b. -hairman and two 9 -ommissioners 6 9Art IH"3& Sec. 191 c. ,hairman and three (8) ,ommissioners; d. ,hairman and four (+) ,ommissioners.
-. -8,ECE211 3ar& 4. 9!1: The -ommission on Elections is an independent bod# tas?ed to enorce all laws relative to the conduct o elections. ence& it ma# a.
a. b. c. d.
decisional autonomy; organiHational autonomy; )scal autonom#6 9Art. IH"A& Sec. > 2uasi@judicial autonomy.
211 3ar& 4. 91>: Each o the -onstitutional -ommissions is expressl# described as @independent&@ exempli)ed b# its a. b. c. d.
immunity from suit. )scal autonom#. Anality of action. collegiality.
3. -ivil Service -ommission Sec. 191. The civil service shall be administered b# the -ivil Service -ommission composed o a -hairman and two -ommissioners who shall be natural" born citiens o the Philippines and& at
conduct two !inds of electoral countK a slow but o?cial count; and a 2uic! but uno?cial count. b. ma!e an advance and uno?cial canvass of election returns through electronic transmission. c. underta!e a separate and uno?cial tabulation of the results of the election manually. d. authorie the citiens arm to use election returns or uno*cial count.
Sec. B. The -ommission on Elections ma# sit en banc or in two divisions& and shall promul$ate its rules o procedure in order to expedite disposition o election cases& includin$ pre" proclamation controversies. All such election cases shall be heard and decided in division& provided that motions or reconsideration o decisions shall be decided b# the -ommission en banc.
21 3ar& 4. VII: ,a#or Pin? is e#ein$ re" election in the next ma#oralt# race. It was common ?nowled$e in the town that ,a#or Pin? will run or re"election in the comin$ elections. The deadline or )lin$ o -erti)cate o -andidac# 9-o- is on ,arch B and the campai$n period commences the ollowin$ da#. 8ne month beore the deadline& Pin? has #et to )le her -o-& but she has been $oin$ around town $ivin$ awa# sac?s o rice with the words @,ahal Ta#o ni ,a#or Pin?@ printed on them& holdin$ public $atherin$s and spea?in$ about how $ood the town is doin$& $ivin$ awa# pin? t"shirts with @Oa# ,a#or Pin? A?o@ printed on them. a. ,r. reen is the political opponent o ,a#or Pin?. In April& noticin$ that ,a#or Pin? had $ained advanta$e over him because o her activities beore the campai$n period& he )led a petition to dis(uali# ,a#or Pin? or en$a$in$ in an election campai$n outside the desi$nated period. 1.
be a candidate. "nless he Aled his ,<, he is not a candidate ($anot v. ,<#%$%,). b.
=uo warranto in elective o?ce and =uo warranto in appointive o?ce
4< in Elective o*ce The issue is the ineligibility of the elected o?ce (6ules of Procedure in %lection ,ases 6ule *ec. 8(e)) f he is ineligible the candidate who got the second highest number of votes cannot be proclaimed elected (*insuat v. ,<#%$%,) & voter may Ale a petition for 2uo warranto against an elected candidate
b. Distin$uish brie=# between 4uo
&nswerK
.
t is the ,<#%$%, en banc which should decide the petition. *ince it involves the exercise of the administrative powers of the ,<#%$%, &rt. /@, *ec. 8 of the ,onstitution is not applicable (3aytan v. ,<#%$%,) The petition should be denied. "nder *ec. 9 of the
0.
The petition should be Aled within days after the proclamation of the elected o?ce
4< in Appointive o*ce The issue is the legality of the appointment
The court will decide who between the parties has the legal title to the o?ce
t is the *olicitor 5eneral public prosecutor or a person claiming to be entitled to the public o?ce a petition for 2uo warranto against an appointive o?cial (6ule DD *ec. 0 and 1) The petition should be Aled within year after the cause of action accrued (6ule DD *ec. )
211 3ar& 4. 91!. The -omelec en banc cannot hear and decide a case at )rst instance EH-EPT when (a) a Civision refers the case to it for direct action.
9b the case involves a purel# administrative matter. (c) the inhibition of all the members of a Civision is sought. (d) a related case is pending before the *upreme ,ourt en banc. Article H: Cocal overnment 21 3ar& 4. >L: In a unitar# s#stem o $overnment& such as the $overnment under the Philippine -onstitutor& local $overnment can onl# be: a. an imperuim in imperio; b. an inra"soverei $n subdivision6 9,a$ta0as v. Pr#ce Properties -orp. c. a sovereign nation; d. a sovereign entity.
Sec. >. Each local $overnment unit shall have the power to create its own sources o revenues and to lev# taxes& ees and char$es sub0ect to such $uidelines and limitations as the -on$ress ma# provide& consistent with the basic polic# o local autonom#. Such taxes& ees& and char$es shall accrue exclusivel# to the local $overnments. 21B 3ar& 4. ,-4 9VIII. ,a# the power o cities to raise revenues be limited b# an executive order o the President; (a) es because local government units are under the administrative control of the President through the Cepartment of nterior and $ocal 5overnment. (b) 7o because local government units now enjoy full local Ascal autonomy. 9c 'o& because onl# limitations established b# -on$ress can de)ne and limit the powers o local $overnments 9Art. H& Sec. >& 1JML -onstitution (d) es because the President has the power and authority to impose reasonable
restrictions on the power of cities to raise revenues. (e) es if so provided in a cityGs charter.
Article HI: Accountabilit# o Public 8*cers Sec. . The President& the Vice"President& the ,embers o the Supreme -ourt& the ,embers o the -onstitutional -ommissions& and the 8mbudsman ma# be removed rom o*ce on impeachment or& and conviction o& culpable violation o the -onstitution& treason& briber#& $rat and corruption& other hi$h crimes& or betra#al o public trust. All other public o*cers and emplo#ees ma# be removed rom o*ce as provided b# law& but not b# impeachment.
21B 3ar& 4. V: As a leadin$ member o the Capian$ ,andiri$ma in the ouse o /epresentatives& #ou were tas?ed b# the part# to initiate the moves to impeach the President because he entered into an executive a$reement with the +S Ambassador or the use o the ormer Subic 'aval 3ase b# the +S 'av#& or ree& i.e.& without need to pa# rent nor an# ?ind o ees as a show o $oodwill to the +.S. because o the continuin$ harmonious /P" +S relations. -ite at least two 9 $rounds or impeachment and explain wh# #ou chose them. A: The President can be impeached for culpable violation of the ,onstitution and betrayal of public trust. The *, has already ruled that the provision in &rt. /' *ec. 01 of the ,onstitution re2uires a treaty even for the mere temporary presence of foreign troops in the Philippines (3ayan v. 4amora 5.6. 7o. 891:
,ongressional 6ecord of the >ouse of 6epresentatives 'ol. ' p. 118). 3etrayal of public trust includes violation of the oath of o?ce of the President (6ecord of the ,onstitutional ,ommission 'ol. p. 0:0). n his oath of o?ce the President swore to preserve and defend the ,onstitution.
Alternative: The President can be impeached for culpable violation of the ,onstitution and graft and corruption (&rt. / *ec. 0). 3y entering into the executive agreement the President violated *ec. 8(e) of the &nti@5raft and ,orrupt Practices &ct because of the undue injury to the 6epublic of the Philippines. 21B 3ar& 4. HI: At the Senate impeachment trial o %ustice Pablo P. San 4uintin& on. Emilio A. Tan& -on$ressman and Impeachment Panel ,ana$er& wrote the Supreme -ourt re(uestin$ that the prosecutors be allowed to examine thecourt records o Stewards Association o the Philippines& Inc. 9SAPQ v. Nilipinas Air& et al.& ./. 'o. JML5>!& a case that is still pendin$. The i$h -ourt . (a) may grant the re2uest by reason of inter@ departmental courtesy (b) may grant the re2uest as the records of the Filipinas &ir case are public records 9c should den# the re(uest since records o cases that are pendin$ or decision are privile$ed except onl# or pleadin$s& orders and resolutions that are available to the public 9In re: Cetters o Att#. Estelito ,endoa& A.,. 'o. 11"12"1"S-& ,arch 1B& 21 (d) should deny the re2uest because it violates the ,ourtGs independence and the doctrine of separation of powers (e) should grant the re2uest because of the sui generis nature of the power of impeachment provided that the 3ill of 6ights is not violated
21 3ar& 4. >M:
a. b.
culpable violation of the ,onstitution; treason bribery graft and corruption and other high crimes; c. betrayal of public trust; d. culpable violation o the dut# to be at all times accountable to the people 9Art. HI& Sec.
21 3ar& 4. >J:
a justice of the *upreme ,ourt; a commissioner of the ,omelec; the administrat or o the Supreme -ourt6 9Art. HI& Sec. d. the
211 3ar& 4. 9JM: ,a# an incumbent %ustice o the Supreme -ourt be disbarred as a law#er; a. b. c. d.
'o& it will amount to removal. 7o his membership in the bar is secure. es by the *upreme ,ourt itself. es by ,ongress in joint session.
Sec. B91. The ouse o /epresentatives shall have the exclusive power to initiate all cases o impeachment. 21 3ar& 4. 52:
the *enate; the >ouse of 6epresentatives; the *enate President; the *pea!er of the >ouse of 6epresentatives.
Sec. B9. A veri)ed complaint or impeachment ma# be )led b# an# ,ember o the ouse o /epresentatives or b# an# citien upon a resolution or endorsement b# an# ,ember thereo& which shall be
included in the 8rder o 3usiness within ten session da#s& and reerred to the proper -ommittee within three session da#s thereater. The -ommittee& ater hearin$& and b# a ma0orit# vote o all its ,embers& shall submit its report to the ouse within sixt# session da#s rom such reerral& to$ether with the correspondin$ resolution. The resolution shall be calendared or consideration b# the ouse within ten session da#s rom receipt thereo. 21 3ar& 4. 51: At least one"third o all the members o the ouse o /epresentatives ma# )le articles o impeachment b#: a. veriAed bill and resolution; b. veri)ed complaint and resolution6 c. veriAed notice and resolution; d. veriAed complaint and notice. 21 3ar& 4. II: A veri)ed impeachment complaint was )led b# two hundred 922 ,embers o the ouse o /epresentatives a$ainst ,adam -hie %ustice 3lue. The complaint was immediatel# transmitted to the Senate or trial.
a. ,adam -hie %ustice 3lue challen$es such immediate transmittal to the Senate because the veri)ed complaint 1 not included in the order o business o the ouse& was not reerred to the ouse -ommittee on %ustice or hearin$ and consideration or su*cienc# in orm and substance& and B was not submitted to the ouse Plenar# or consideration as enumerated in Para$raph 9& Section B& Article HI o the 1JML -onstitution. Decide with reasons. b.
A: a.
b.
*ince the veriAed complaint was Aled by 0 #embers of the >ouse of 6epresentatives and they constituted at least L8 of its #embers it need not undergo the procedure in &rt. / *ec. 8(0) of the ,onstitution. The veriAed complaint constitutes the &rticles of mpeachment and trial by the *enate should proceed forthwith (&rt. / *ec. 8(+) of the ,onstitution) The purpose of impeachment is not to punish but only to remove a public o?cer to secure the people against gross political misdemeanors (3ernas The E9: ,onstitution of the Philippines & ,ommentary 0E ed. p. 1)
(c) >ouse of 6epresentatives vote on the impeachment complaint (d) >ouse of 6epresentatives endorses the &rticles of mpeachment to the *enate
211 3ar& 4. 9M: +pon endorsement rom the Senate where it was )rst mista?enl# )led& the ouse o /epresentatives -ommittee on %ustice ound the veri)ed complaint or impeachment a$ainst the President su*cient in orm but insu*cient in substance.
,onviction does not prevent further prosecution and punishment. The person convicted is subject to prosecution and punishment according to law (&rt. / *ec. 8(:) of the ,onstitution) c.
The following are the grounds for impeachmentK
. 0. 8. +. 1. D.
,ulpable violation of the ,onstitution Treason 3ribery 5raft and corruption
Sec. B9>. 'o impeachment proceedin$s shall be initiated a$ainst the same o*cial more than once within a period o one #ear. 21! 3ar& 4. HHVI: The one"#ear"bar rule in impeachment proceedin$s is to be rec?oned rom the time the: (a) Arst impeachment complaint is Aled 9b impeachment complain t is reerred to the -ommittee on %ustice
7o MinitiatedM means the &rticles of mpeachment have been actually Aled with the *enate for trial; this did not yet happen. b. 7o the Arst complaint was not deemed initiated because it was originally Aled with the *enate. c. es the dismissal of the Arst impeachment proceeding bars the initiation of another during the same term of the President. d. 7es& no impeachment proceedin$ can be )led a$ainst the President more than once within a #ear.
Sec. B9L. %ud$ment in cases o impeachment shall not extend urther than removal rom o*ce and dis(uali)cation to hold an# o*ce under the /epublic o the Philippines& but the part# convicted shall nevertheless be liable and sub0ect to prosecution& trial& and punishment& accordin$ to law. 21 3ar& 4. 5B: A public o*cer impeached and removed rom o*ce shall: a.
nevertheless be immure from prosecution trial and punishment according to law;
b.
c.
d.
nevertheless be liable and subject to prosecution trial and punishment under the &nti@5raft and ,orrupt Practices &ct; nevertheles s be liable and sub0ect to prosecution& trial and punishment accordin$ to law6 9Art. HI& Sec. B9L nevertheless be liable and subject to prosecution trial and punishment only for criminal acts under
Sec. J. The 8mbudsman and his Deputies shall be appointed b# the President rom a list o at least six nominees prepared b# the %udicial and 3ar -ouncil& and rom a list o three nominees or ever# vacanc# thereater. Such appointments shall re(uire no con)rmation. All vacancies shall be )lled within three months ater the# occur. Sec. 1B. The 8*ce o the 8mbudsman shall have the ollowin$ powers& unctions& and duties: 1. Investi$ate on its own& or on complaint b# an# person& an# act or omission o an# public o*cial& emplo#ee& o*ce or a$enc#& when such act or omission appears to be ille$al& un0ust& improper& or ine*cient. 21 3ar& 4. V: %ud$e /ed is the Executive %ud$e o reen -it#. /ed is ?nown to have corrupt tendencies and has a reputation widel# ?nown amon$ practicin$ law#ers or acceptin$ bribes. 8mbudsman re#& wishin$ to @clean up@ the $overnment rom errant public o*cials& initiated an investi$ation on the alle$ed irre$ularities in the perormance o duties o %ud$e /ed. a. %ud$e /ed reused to reco$nie the authorit# o the 8*ce o the 8mbudsman over him because accordin$ to him& an# administrative action a$ainst him or an# court o*cial or emplo#ee alls under the exclusive
0urisdiction o the Supreme -ourt. Decide with reasons. b. Does the 8mbudsman have authorit# to conduct investi$ation over crimes or oFenses committed b# public o*cials that are '8T in connection or related at all to the o*cialKs dischar$e o his duties and unctions; Explain. c.
b.
c.
*ince the complaint refers to the performance of the duties of -udge 6ed is investigation will encroach upon the exclusive power of administrative supervision of the *, over all courts (#aceda v. 'as2ueH) The
21 3ar& 4. 5!: The 8mbudsman and his deputies are appointed b# the President rom a list prepared b#: a. b. c. d.
the ntegrated 3ar of the Philippines; the ,ommission on &ppointments; the %udicial and 3ar -ouncil6 9Art. HI& Sec. J the *upreme ,ourt.
211 3ar& 4. 9J>: The 8*ce o the Special Prosecutor ma# )le an inormation a$ainst a public o*cer or $rat a.
on its own initiative subject to withdrawal of the information by the
b.
c. d.
independently of the
Sec. 1L. A public o*cer or emplo#ee shall& upon assumption o o*ce and as oten thereater as ma# be re(uired b# law& submit a declaration under oath o his assets& liabilities& and net worth. In the case o the President& the Vice" President& the ,embers o the -abinet& the -on$ress& the Supreme -ourt& the -onstitutional -ommissions and other constitutional o*ces& and o*cers o the armed orces with $eneral or =a$ ran?& the declaration shall be disclosed to the public in the manner provided b# law. 21 3ar& 4. 5>: SAC' means: a. b.
c. d.
*ummary of assets liabilities and net worth; *tatement of assets in ban!s liabilities and net worth; Statement o assets& liabilities and net worth6 9Art. HI& Sec. 1L *tatement of personal assets liabilities and net worth.
Article HII: 'ational Econom# and Patrimon# Sec. . All lands o the public domain& waters& minerals& coal& petroleum& and other mineral oils& all orces o potential ener$#& )sheries& orests or timber& wildlie& =ora and auna& and other natural resources are owned b# the State.
production"sharin$ a$reements with Nilipino citiens& or corporations or associations at least 52 per centum o whose capital is owned b# such citiens. Such a$reements ma# be or a period not exceedin$ twent#")ve #ears& renewable or not more than twent#")ve #ears& and under such terms and conditions as ma# provided b# law. In cases o water ri$hts or irri$ation& water suppl#& )sheries& or industrial uses other than the development o waterpower& bene)cial use ma# be the measure and limit o the $rant. The State shall protect the nations marine wealth in its archipela$ic waters& territorial sea& and exclusive economic one& and reserve its use and en0o#ment exclusivel# to Nilipino citiens. The -on$ress ma#& b# law& allow small" scale utiliation o natural resources b# Nilipino citiens& as well as cooperative )sh armin$& with priorit# to subsistence )shermen and )sh wor?ers in rivers& la?es& ba#s& and la$oons. The President ma# enter into a$reements with orei$n"owned corporations involvin$ either technical or )nancial assistance or lar$e"scale exploration& development& and utiliation o minerals& petroleum& and other mineral oils accordin$ to the $eneral terms and conditions provided b# law& based on real contributions to the economic $rowth and $eneral welare o the countr#. In such a$reements& the State shall promote the development and use o local scienti)c and technical resources. The President shall noti# the -on$ress o ever# contract entered into in accordance with this provision& within thirt# da#s rom its execution. Section B. Cands o the public domain are classi)ed into a$ricultural& orest or
timber& mineral lands and national par?s. A$ricultural lands o the public domain ma# be urther classi)ed b# law accordin$ to the uses to which the# ma# be devoted. Alienable lands o the public domain shall be limited to a$ricultural lands. Private corporations or associations ma# not hold such alienable lands o the public domain except b# lease& or a period not exceedin$ twent#" )ve #ears& renewable or not more than twent#")ve #ears& and not to exceed one thousand hectares in area. -itiens o the Philippines ma# lease not more than )ve hundred hectares& or ac(uire not more than twelve hectares thereo& b# purchase& homestead& or $rant.
+ntil the -on$ress provides otherwise& the 'ational Economic and Development Authorit# shall unction as the independent plannin$ a$enc# o the $overnment.
Ta?in$ into account the re(uirements o conservation& ecolo$#& and development& and sub0ect to the re(uirements o a$rarian reorm& the -on$ress shall determine& b# law& the sie o lands o the public domain which ma# be ac(uired& developed& held& or leased and the conditions thereor.
Sec. 2. The -on$ress shall establish an independent central monetar# authorit#& the members o whose $overnin$ board must be natural"born Nilipino citiens& o ?nown probit#& inte$rit#& and patriotism& the ma0orit# o whom shall come rom the private sector. The# shall also be sub0ect to such other (uali)cations and disabilities as ma# be prescribed b# law. The authorit# shall provide polic# direction in the areas o mone#& ban?in$& and credit. It shall have supervision over the operations o ban?s and exercise such re$ulator# powers as ma# be provided b# law over the operations o )nance companies and other institutions perormin$ similar unctions.
211 3ar& 4. 9>B: Small"scale utiliation o natural resources b# Nilipino citiens ma# be allowed b# a. -on$ress. b. either the *enate or the >ouse of 6epresentatives. c. the President. d. the President with the consent of ,ongress. Sec. J. The -on$ress ma# establish an independent economic and plannin$ a$enc# headed b# the President& which shall& ater consultations with the appropriate public a$encies& various private sectors& and local $overnment units& recommend to -on$ress& and implement continuin$ inte$rated and coordinated pro$rams and policies or national development.
21 3ar& 4. 5L: The independent economic plannin$ a$enc# o the overnment as provided or b# the -onstitution is the: a. b. c. d.
7ational PrivatiHation
+ntil the -on$ress otherwise provides& the -entral 3an? o the Philippines operatin$ under existin$ laws& shall unction as the central monetar# authorit#. 21 3ar& 4. 5L: The Independent -entral ,onetar# Authorit# o the overnment is the: a. b.
3an!ers &ssociation of the Philippines; Philippine #ission of the nternational #onetary Fund;
c.
-entral 3an? o the Philippines 6 9Art. HII& Sec. 2 d. orld 3an! Philippine &?liate
b. investi$ator# 6 9Art. HIII& Sec. 1M91 c. 2uasi@judicial; d. rule@ma!ing. Article HIV: Education& Science and Technolo$#& Arts& -ulture and Sports
Article HIII: Social %ustice and uman /i$hts Sec. 1>. The State shall respect the role o independent peopleGs or$aniations to enable the people to pursue and protect& within the democratic ramewor?& their le$itimate and collective interests and aspirations throu$h peaceul and lawul means. PeopleGs or$aniations are bona )de associations o citiens with demonstrated capacit# to promote the public interest and with identi)able leadership& membership& and structure. 21 3ar& 4. 5J: 3ona )de associations o citiens which demonstrate capacit# o promote the public interest and with identi)able leadership& membership& and structure are: a. b. c. d.
independent party@list organiHations; independent sectoral organiHations; independent indigenous organiHations; independent peopleKs or$aniations. 9Art. HIII& Sec. 1>
Sec. 1M. The -ommission on uman /i$hts shall have the ollowin$ powers and unctions: 1. Investi$ate& on its own or on complaint b# an# part#& all orms o human ri$hts violations involvin$ civil and political ri$hts6 21 3ar& 4. L2: The principal unction o the -ommission on uman /i$hts is: a.
issue writs of injunctionL restraining orders;
Education Sec. B9B. At the option expressed in writin$ b# the parents or $uardians& reli$ion shall be allowed to be tau$ht to their children or wards in public elementar# and hi$h schools within the re$ular class hours b# instructors desi$nated or approved b# the reli$ious authorities o the reli$ion to which the children or wards belon$& without additional cost to the overnment. 21 3ar& 4. L1: 8ptional reli$ious instruction in public elementar# and hi$h schools is allowed provided it be: a.
without additional overtime cost to 5overnment; b. without additional cost to overnment6 9Art. HIV& Sec. B9B c. without additional cost for religious boo!s to 5overnment; d. without additional power consumption costs to 5overnment.
Sec. >9. Academic reedom shall be en0o#ed in all institutions o hi$her learnin$. 21B 3ar& 4. VIII: 3obb#& an incomin$ third #ear colle$e student& was denied admission b# his universit#& a premiere educational institution in ,anila& ater he ailed in three 9B ma0or sub0ects in his sophomore #ear. The denial o admission was based on the universit#Gs rules and admission policies. +nable to cope with the depression that his non"admission tri$$ered& 3obb#
committed suicide. is amil# sued the school or dama$es& citin$ the schoolGs $rossl# unreasonable rules that resulted in the denial o admission. The# ar$ued that these rules violated 3obb#Gs human ri$hts and the priorit# consideration that the -onstitution $ives to the education o the #outh. 7ou are counsel or the universit#. Explain #our ar$uments in support o the universit#Gs case. A: shall argue that under &rt. /' *ec. 1(0) of the E9: ,onstitution the educational institution enjoys academic freedom. &cademic freedom includes its rights to prescribe academic standards policies and 2ualiAcations for the admission of a student ("niversity of *an &gustin nc. v. ,& 5.6. 7o. 199 #arch : EE+) 21 3ar& 4. L: Academic reedom shall be en0o#ed: a. b. c. d.
in all public institutions; in all elementary and high schools; in all schools; in all institutions o hi$her learnin$. 9Art. HIV& Sec. >9
Sec. 1>. Arts and letters shall en0o# the patrona$e o the State. The State shall conserve& promote& and popularie the nationGs historical and cultural herita$e and resources& as well as artistic creations. 21 3ar& 4. 12:
no law shall be passed abridging the freedom of speech; no law shall be made respecting an establishment of religion;
c.
no person shall be held to answer for a criminal oBense without due process of law; d. the state shall encoura$e and support researches and studies on the arts and culture 9Art. HIV& Sec. 1>
Article HVI: eneral Provisions Sec. B. The State ma# not be sued without its consent. 21B 3ar& 4. I: In the last (uarter o 21& about >&222 container vans o imported $oods intended or the -hristmas Season were seied b# a$ents o the 3ureau o -ustoms. The imported $oods were released onl# on %anuar# 12& 21B. A $roup o importers $ot to$ether and )led an action or dama$es beore the /e$ional Trial -ourt o ,anila a$ainst the Department o Ninance and the 3ureau o -ustoms. The 3ureau o -ustoms raised the deense o immunit# rom suit and& alternativel#& that liabilit# should lie with H7R -orp. which the 3ureau had contracted or the lease o ten 912 hi$h powered van cranes but delivered onl# )ve 9> o these cranes& thus causin$ the dela# in its car$o"handlin$ operations. It appears that the 3ureau& despite demand& did not pa# H7R -orp. the Php 1.2 ,illion deposit and advance rental re(uired under their contract. 9a
collecting lawful revenues from imported articles and all other tariB and customs duties fees charges Anes and penalties (#obil Philippine %xploration nc. v. ,ustoms &rrastre *ervice 5.6. 7o. $@ 088E Cecember : EDD) (b) 7o /4 ,orp. cannot sue the 3<, to collect rentals for the delivered cranes. The contract was a necessary incident to the performance of its governmental function. To properly collect the revenues and customs duties the 3<, must chec! to determine if the declaration of the importers tallies with the landed merchandise. The cranes are needed to haul the landed merchandise to a suitable place for inspection (#obil Philippine %xploration nc. v. ,ustoms &rrastre *ervice 5.6. 7o. $@088E Cecember : EDD).
Alternative: 7o /4 ,orp. cannot sue the 3<, because it has no juridical personality separate from that of the 6epublic of the Philippines (#obil Philippine %xploration nc. v. ,ustoms &rrastre *ervice 5.6. 7o. $@088E Cecember : EDD) Alternative: es /4 ,orp. may sue the 3<, because the contract is connected with a proprietary function the operation of the arrastre service (Philippine 6eAning ,o. v. ,& #ay 9 EED). 3esides /4 ,orp. leased its van cranes because the 3<, undertoo! to pay its rentals. -ustice and e2uity demand that the 3<, should not be allowed to invo!e state immunity from suit (6epublic v. "nimex@#icro %lectronics 5m3> 5.6. 7o. DD8E@ 7ovember 01 09)
21B 3ar& 4. ,-4 9HII: ,r. Sinco sued the $overnment or dama$es. Ater trial& the court ruled in his avor and awarded dama$es amountin$ to P>2 million a$ainst the $overnment. To satis# the 0ud$ment a$ainst the $overnment& which valid option is available to ,r. Sinco;
(a) 5arnish the government funds deposited at the $and 3an!. 9b Nile a claim with the -ommission on Audit 9-8A pursuant to -ommonwealth Act BL& as amended b# Presidential Decree 1!!> 9+P v. Dion& ./. 'o. 1L11M& Au$ust B& 21 9c ,a?e representa tions with the -on$ress to appropriate the amount to satis# the 0ud$ment. 9Alternative Answer (d) File a petition for mandamus in court to compel ,ongress to appropriate P1 million to satisfy the judgment. (e) Proceed to execute the judgment as provided by the 6ules of ,ourt because the *tate allowed itself to be sued.
211 3ar& 4. 9!B: Durin$ his incumbenc#& President -arlos shot to death one o his advisers durin$ a heated ar$ument over a $ame o $ol that the# were pla#in$. The deceased adviserKs amil# )led a case o homicide a$ainst President -arlos beore the cit# prosecutorKs o*ce. e moved to dismiss the case& invo?in$ presidential immunit# rom suit. Should the case be dismissed; a.
b.
c. d.
es his immunity covers his interactions with his o?cial family including the deceased adviser. 7o his immunity covers only wor!@related crimes. 7es& his immunit# holds or the whole duration o his tenure. 7o his immunity does not cover crimes involving moral turpitude.
211 3ar& 4. 9L: A collision occurred involvin$ a passen$er 0eepne# driven b# Ceonardo& a car$o truc? driven b# %oseph& and a dump truc? driven b# Cauro but owned b# the -it# o -ebu. Cauro was on his wa# to $et a load o sand or the repair o the road alon$ Nuente Street& -ebu -it#. As a result o the collision& B
passen$ers o the 0eepne# died. Their amilies )led a complaint or dama$es a$ainst %oseph who in turn )led a third part# complaint a$ainst the -it# o -ebu and Cauro. Is the -it# o -ebu liable or the tort committed b# its emplo#ee; a. The -it# o -ebu is not liable because its emplo#ee was en$a$ed in the dischar$e o a $overnmental unction. b. The ,ity of ,ebu is liable for the tort committed by its employee while in the discharge of a non@governmental function. c. The ,ity of ,ebu is liable in accord with the precept of respondeat superior. d. The ,ity of ,ebu is not liable as a conse2uence of its non@suitability. 211 3ar& 4. 9M2: Executive Secretar# -hua issued an order prohibitin$ the holdin$ o rallies alon$ ,endiola because it hampers the tra*c =ow to ,alacanan$. A $roup o militants (uestioned the order or bein$ unconstitutional and )led a case a$ainst Secretar# -hua to restrain him rom enorcin$ the order. Secretar# -hua raised state immunit# rom suit claimin$ that the state cannot be sued without its consent. Is the claim correct; a. 'o& public o*cers ma# be sued to restrain him rom enorcin$ an act claimed to be unconstitutional. b. es the order was not a proprietary act of the government. c. 7o only the president may raise the defense of immunity from suit. d. es *ecretary ,hua cannot be sued for acts done in pursuance to his public o?ce. 211 3ar& 4. 9MJ:
during his term of o?ce. during his tenure of o?ce. after his term of o?ce.
d. ater his tenure o o*ce. Sec. 11. 1. The ownership and mana$ement o mass media shall be limited to citiens o the Philippines& or to corporations& cooperatives or associations& wholl#" owned and mana$ed b# such citiens. The -on$ress shall re$ulate or prohibit monopolies in commercial mass media when the public interest so re(uires. 'o combinations in restraint o trade or unair competition therein shall be allowed. . The advertisin$ industr# is impressed with public interest& and shall be re$ulated b# law or the protection o consumers and the promotion o the $eneral welare. 8nl# Nilipino citiens or corporations or associations at least sevent# per centum o the capital o which is owned b# such citiens shall be allowed to en$a$e in the advertisin$ industr#. The participation o orei$n investors in the $overnin$ bod# o entities in such industr# shall be limited to their proportionate share in the capital thereo& and all the executive and mana$in$ o*cers o such entities must be citiens o the Philippines. 211 3ar& 4. 9L5: ,ass media in the Philippines ma# be owned and mana$ed b# a. corporations wholl# owned and mana$ed b# Nilipinos. b. corporations DN owned by Filipinos. c. corporations wholly owned by Filipinos. d. corporations DN owned and managed by Filipinos.
Article HVII: Amendments or /evisions Sec. 1. An# amendment to& or revision o& this -onstitution ma# be proposed b#: 1. The -on$ress& upon a vote o three" ourths o all its ,embers6 or . A constitutional convention. 21! 3ar& 4. I: members o the ouse o /epresentatives approved the proposed amendments. 8nl# 12 Senators supported such proposals. The proponents now claim that the proposals were validl# made& since more than the re(uired three"ourths vote o -on$ress has been obtained. The 1! Senators who voted a$ainst the proposals claim that the proposals needed not three"ourths vote o the entire -on$ress but each house. Since the re(uired number o votes in the Senate was not obtained& then there could be no valid proposals& so ar$ued the Senators.
<hough &rt. /' *ec. of the ,onstitution did not expressly provide that the *enate and the >ouse of 6epresentatives must vote separately when the $egislature consists of two (0) houses the determination of one house is to be submitted to the separate determination of the other house (#iller v. #ardo 5.6. 7o. $@189 -uly 8 ED)
Sec. . Amendments to this -onstitution ma# li?ewise be directl# proposed b# the people throu$h initiative upon a petition o at least twelve per centum o the total number o re$istered voters& o which ever# le$islative district must be represented b# at least three per centum o the re$istered voters therein. 'o amendment under this section shall be authoried within )ve #ears ollowin$ the rati)cation o this -onstitution nor otener than once ever# )ve #ears thereater. The -on$ress shall provide or the implementation o the exercise o this ri$ht. 21! 3ar& 4. II: Several citiens& unhapp# with the prolieration o amilies dominatin$ the political landscape& decided to ta?e matters into their own hands. The# proposed to come up with a peopleKs initiative de)nin$ political d#nasties. The# started a si$nature campai$n or the purpose o comin$ up with a petition or that purpose. Some others expressed mis$ivin$s about a peopleKs initiative or the purpose o proposin$ amendments to the -onstitution& however. The# cited the -ourtKs decision in Santia$o v. -8,ECE-& L2 S-/A 125 91JJL& as authorit# or their position that there is #et no enablin$ law or such purpose. 8n the other hand& there are also those who claim that the individual votes o the 0ustices in Cambino v. -8,ECE-& >2> S-/A 152 9225& mean that Santia$oKs pronouncement has eFectivel# been abandoned. I #ou were consulted b#
those behind the new attempt at a peopleKs initiative& how would #ou advise them;
when a proposition has received the approval o: a.
A: shall advise those starting a peopleJs initiative that initiative to pass a law deAning political dynasties may proceed as their proposal is to enact a law only and not to amend the ,onstitution. The decision in *antiago v. ,<#%$%, (5.6. 7o. 0:801 -une EE:) which has not been reversed upheld the ade2uacy of the provisions of 6.&. D:81 on initiative to enact a law. Alternative: shall advise those starting a peopleJs initiative that the ruling in *antiago v. ,<#%$%, that there is as yet no enabling law for an initiative has not been reversed. &ccording to &rt. '. *ec. +(8) of the ,onstitution a doctrine of law laid down in a decision rendered by the *, en banc may not be reversed by it acting en banc. The majority opinion in $ambino v. ,<#%$%, (5.6. 7o. :+18
21 3ar& 4. !: In an amendment to the constitution b# @initiative and reerendum@& the @initiative@ phase is meant that the people propose the amendments. There is a valid proposal
b.
c.
d.
at least 8N of the persons of majority age of each district and 0N of the registered voters of the region from proposal emanates; at least 8N of the registered voters of each province and 0N of the total number of registered voters nationwide; at least B o the re$istered voters o each district and 1 o the total number o re$istered voters nationwide6 9Art. HVII& Sec. more than 8N of the 8N of the registered voters of each district but less than 0N of the total number of registered voters nationwide.
211 3ar& 4. 91B. %ose -ru and 2 others )led a petition with the -8,ECE- to hold a plebiscite on their petition or initiative to amend the -onstitution b# shitin$ to a unicameral parliamentar# orm o $overnment. Assumin$ that the petition has been si$ned b# the re(uired number o re$istered voters& will it prosper; a.
7o only ,ongress can exercise the power to amend the ,onstitution. b. es the people can substantially amend the ,onstitution by direct action. c. es provided ,ongress concurs in the amendment. d. 'o& since the# see?& not an amendment& but a revision.
211 3ar& 4. 9!J. The people ma# approve or re0ect a proposal to allow orei$n investors to own lands in the Philippines throu$h an electoral process called (a) 9b (c) (d)
referendum. plebiscite. initiative. certiAcation.
Article HVIII: Transitor# Provisions Sec. >. Ater the expiration in 1JJ1 o the A$reement between the /epublic o the Philippines and the +nited States o America concernin$ militar# bases& orei$n militar# bases& troops& or acilities shall not be allowed in the Philippines except under a treat# dul# concurred in b# the Senate and& when the -on$ress so re(uires& rati)ed b# a ma0orit# o the votes cast b# the people in a national reerendum held or that purpose& and reco$nied as a treat# b# the other contractin$ State. 21B 3ar& 4. V: As a leadin$ member o the Capian$ ,andiri$ma in the ouse o /epresentatives& #ou were tas?ed b# the part# to initiate the moves to impeach the President because he entered into an executive a$reement with the +S Ambassador or the use o the ormer Subic 'aval 3ase b# the +S 'av#& or ree& i.e.& without need to pa# rent nor an# ?ind o ees as a show o $oodwill to the +.S. because o the continuin$ harmonious /P" +S relations. -ite at least two 9 $rounds or impeachment and explain wh# #ou chose them. A: The President can be impeached for culpable violation of the ,onstitution and betrayal of public trust. The *, has already ruled that the provision in &rt. /' *ec. 01 of the ,onstitution re2uires a treaty even for the mere temporary presence of foreign troops in the Philippines (3ayan v. 4amora 5.6. 7o. 891: ouse of 6epresentatives 'ol. ' p. 118). 3etrayal of public trust includes violation of the oath of o?ce of the President (6ecord of the ,onstitutional ,ommission 'ol. p. 0:0). n
his oath of o?ce the President swore to preserve and defend the ,onstitution.
Public International Caw 211 3ar& 4. 9BJ. -arlos& a orei$n national was char$ed with and convicted o a serious crime in State H and sentenced to lie imprisonment. is countr# applied or relie with the International -ourt o %ustice 9I-%& ar$uin$ that State H did not inorm -arlos o his ri$ht under Article B5 o the Vienna -onvention to be accorded le$al assistance b# his $overnment. State H& as si$nator# to the Vienna -onvention& a$reed to I-%Gs compulsor# 0urisdiction over all disputes re$ardin$ the interpretation or application o the Vienna -onvention. I-% ruled that State H violated its obli$ation to provide consular noti)cation to the orei$n nationalGs countr#. I-% also re(uired State H to review and reconsider the lie sentence imposed on the orei$n national. State H then wrote the +nited 'ations inormin$ that it was withdrawin$ rom the 8ptional Protocol on Vienna -onvention and was not bound b# the I-% decision.
Pacta Sunt Servanda &ct of *tate Coctrine Protective Principle -us ,ogens
Sources o International Caw 21 3ar& 4. LB: +nder Article BM91 o the Statute o the International -ourt o %ustice& which one o the ollowin$ is '8T considered a source o international law: a. b. c. d.
international conventions; international custom; international humanitarian law6 general principles of law.
A: (c). nternational humanitarian law is embodied in both customary and conventional international law (Flec! The >andboo! of nternational >umanitarian $aw 0 nd ed. p. ) A. Treaties 21B 3ar& 4. ,-4 9HIV: The President entered into an executive a$reement with Vietnam or the suppl# to the Philippines o animal eeds not to exceed !2&222 tons in an# one #ear. The Association o Animal Need Sellers o the Philippines (uestioned the executive a$reement or bein$ contrar# to /.A. !5 which prohibits the importation o animal eeds rom Asian countries. Is the challen$e correct; 9a 7es& the executive a$reement is contrar# to an existin$ domestic law 9onales v. echanova& ./. 'o. C" 1MJL& 8ctober & 1J5B (b) 7o the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land. (c) 7o international agreements are sui generis and stand independently of our domestic laws. (d) es the executive agreement is actually a treaty which does not ta!e eBect without ratiAcation by the *enate. (e) es the challenge is correct because there is no law empowering the President to underta!e the importation. 211 3ar& 4. 91: The President or$ed an executive a$reement with Vietnam or a #ear suppl# o animal eeds to the Philippines not to exceed !2&222 tons. The Association o Animal Need Sellers o the Philippines (uestioned the executive a$reement or bein$ contrar# to /.A. !5 which prohibits the importation o animal eeds rom Asian countries. Is the challen$e correct;
a. 7es& the executive a$reement is contrar# to our existin$ domestic law. b. 7o the President is the sole organ of the government in external relations and all his actions as such form part of the law of the land. c. 7o international agreements are sui generis which must stand independently of our domestic laws. d. es the executive agreement is actually a treaty which does not ta!e eBect without ratiAcation by the *enate.
the conversation& is the verbal a$reement via telephone bindin$ under international law; Explain. b. Assumin$ the answer to 9a. is in a*rmative& does that a$reement constitute a Treat# under the 1J5J Vienna -onvention on the Caw on Treaties; c.
21 3ar& 4. L!: In international law& it is a norm which States cannot dero$ate or deviate rom their a$reements:
A: a.
a. terra nullius; b. opinio juris; c. 0us co$ens6 9Art. >B o Vienna -onvention on the Caw o Treaties d. jus cogentus.
21 3ar& 4. VI: President 3lac? o the /epublic o Pasens#a 9/P had a telephone conversation with President 3lue o the PeopleKs /epublic o -on(uerors 9P/-. In that conversation& both leaders a$reed that the# will both pull"out all their vessels& civilian or otherwise& sea crats and other ships rom the hotl# disputed Oalmado Shoal area within ei$ht 9M da#s in order to de" escalate the situation. Ater ei$ht da#s& all /P ships and vessels have let the area. owever& several militar# and civilian ships carr#in$ the P/- =a$ remained in the area and be$an construction o a doc? that could provide uel and other supplies to vessels passin$ b#. a. Assumin$ that President 3lac? and President 3lue both had ull capacit# to represent their states and ne$otiate with each other under their respective s#stems o $overnment& and urther assumin$ that both leaders ac?nowled$e the existence o
b.
c.
.
0. 8.
d.
The verbal agreement by telephone is binding between the parties on the basis of customary international law (n EE0 the dispute between Cenmar! and Finland about the construction of a bridge was settled by a telephone conversation between the Canish and Finnish Prime #inisters. n return for payment by Cenmar! Finland agreed to discontinue the case it Aled. (&ust #odern Treaty $aw and Practice p. :) The verbal agreement does not constitute a treaty under the 'ienna ,onvention of the $aw of Treaties. &rt. 8 re2uires that for an international agreement to be a treaty it must be in written form The following are the sources of international lawK nternational conventions whether general or particular establishing rules expressly recogniHed by the contesting states; nternational custom as evidence of a general practice accepted as law; The general principles of law recogniHed by civiliHed nations; To establish customary international law two elements must concurK general state practice and opinion juris sire necessitates. *tate practice refers to the continuous repetition of the same or similar !ind of acts or norms by states.
re2uires that the state practice or norm be carried out in such a way as to be evidence of the belief that it is obligatory by the existence of a rule of law re2uiring it. (3ayan #una v. 6omula)
3.
,ustoms
21 3ar& 4. LL: This doctrine considers the $eneral or customar# norms o international law as a part o municipal law and are to be enorced as such& without re$ard as to whether the# are enacted as statutor# or le$islative rules or not: a. accession; b. incorporation6 9,a$allona& Nundamentals o Public International Caw& p. >B c. accretion; d. adoption.
Personalities +nder International Caw A. States 21 3ar& 4. L>: In international law& the status o an entit# as a State is accepted b# other States throu$h this act. It is the @act b# which another State ac?nowled$es that the political entit# reco$nied possesses the attributes o statehood.@ a. accession; b. reco$nition6 93rownlie& Principles o Public International Caw& Lth ed.& p. M5 c. ac!nowledgment; d. attribution.
%urisdiction o States 21 3ar& 4. L5: An act or process b# which a State& in compliance with a ormal demand or re(uest& surrenders to
another State an alle$ed oFender or u$itive criminal who has sou$ht reu$e in the territor# o the )rst State& in order to stand trial or complete his prison term: a. b. c. d.
extramediation; exterrertioriality; extradition6 9overnment o +SA v. Pur$anan extraterritoriality.
Diplomatic and -onsular Immunit# A. Vienna -onvention o Diplomatic /elations 21! 3ar& 4. HHIH: Ambassador a#lor is State %uvenusK diplomatic representative to State interlands. Durin$ one o his vacations& Ambassador a#lor decided to experience or himsel the si$hts and sounds o State Paradise& a countr# ?nown or its beaut# and other attractions.
3. Immunit# o Ambassadors 21B 3ar& 4. H: The Ambassador o the /epublic o Oa)ristan reerred to #ou or handlin$& the case o the Embass#Gs ,aintenance A$reement with -3,& a private domestic compan# en$a$ed in maintenance wor?. The A$reement binds -3,& or a de)ned ee& to maintain the Embass#Gs elevators& air"conditionin$ units and electrical acilities. Section 12 o the A$reement provides that the A$reement shall be $overned b# Philippine laws and that an# le$al action shall be brou$ht beore the proper court o ,a?ati. Oa)ristan terminated the A$reement because -3, alle$edl# did not compl# with their a$reed maintenance standards. -3, contested the tennination and )led a complaint a$ainst Oa)ristan beore the /e$ional Trial -ourt o ,a?ati. The Ambassador wants #ou to )le a motion to dismiss on the $round o state immunit# rom suit and to oppose the position that under Section 12 o the A$reement& Oa)ristan expressl# waives its immunit# rom suit. +nder these acts& can the Embass# successull# invo?e immunit# rom suit; A: es the %mbassy can invo!e immunity from suit. *ec. of the #aintenance &greement is not necessarily a waiver of sovereign immunity from suit. t was meant to apply in case the 6epublic of OaAristan elects to sue in the l ocal courts or waives its immunity by a subse2uent act. The establishment of a diplomatic mission is a sovereign function. This encompasses its maintenance and up!eep. The #aintenance &greement was in pursuit of a sovereign activity. International Protection o uman /i$hts A. International -ovenant o -ivil and Political /i$hts 91J55
21! 3ar& 4. HHIV: Alienmae is a orei$n tourist. She was as?ed certain (uestions in re$ard to a complaint that was )led a$ainst her b# someone who claimed to have been derauded b# her. Alienmae answered all the (uestions as?ed& except in re$ard to some matters in which she invo?ed her ri$ht a$ainst sel" incrimination.
%udicial and Arbitral Settlement A. International -ourt o %ustice 21B 3ar& 4. ,-4 9IV.
(b) The decision is not binding on any country even the countries that are parties to the case. 9c The decision is bindin$ onl# on the parties but onl# with respect to that particular case 9Art. >J o the Statute o the I-% (d) The decision is not binding on the parties and is only advisory. (e) The binding eBect on the parties depends on their submission agreement.
Public -orporations Cocal overnment -ode o 1JJ1 9/.A. L152 Title II: The ,unicipalit# -hapter I: /ole and -reation o ,unicipalit# Sec. !!. /e(uisites or -reation 9a A municipalit# ma# be created i it has an avera$e annual income& as certi)ed b# the provincial treasurer& o at least Two million )ve hundred thousand pesos 9P&>22&222.22 or the last two 9 consecutive #ears based on the 1JJ1 constant prices6 a population o at least twent#")ve thousand 9>&222 inhabitants as certi)ed b# the 'ational Statistics 8*ce6 and a conti$uous territor# o at least )t# 9>2 s(uare ?ilometers as certi)ed b# the Cands ,ana$ement 3ureau: Provided& That the creation thereo shall not reduce the land area& population or income o the ori$inal municipalit# or municipalities at the time o said creation to less than the minimum re(uirements prescribed herein. 9b The territorial 0urisdiction o a newl#" created municipalit# shall be properl# identi)ed b# metes and bounds. The re(uirement on land area shall not
appl# where the municipalit# proposed to be created is composed o one 91 or more islands. The territor# need not be conti$uous i it comprises two 9 or more islands. 9c The avera$e annual income shall include the income accruin$ to the $eneral und o the municipalit# concerned& exclusive o special unds& transers and non"recurrin$ income. 9d ,unicipalities existin$ as o the date o the eFectivit# o this -ode shall continue to exist and operate as such. Existin$ municipal districts or$anied pursuant to presidential issuances or executive orders and which have their respective set o elective municipal o*cials holdin$ o*ce at the time o the eFectivit# o this -ode shall henceorth be considered as re$ular municipalities. Title III: The -it# -hapter I: /ole and -reation o the -it# Sec. !>2. /e(uisites or -reation 9a A municipalit# or a cluster o baran$a#s ma# be converted into a component cit# i it has an avera$e annual income& as certi)ed b# the Department o Ninance& o at least Twent# million 9P2&222&222.22 or the last two 9 consecutive #ears based on 1JJ1 constant prices& and i it has either o the ollowin$ re(uisites: 9i. a conti$uous territor# o at least one hundred 9122 s(uare ?ilometers& as certi)ed b# the Cands ,ana$ement 3ureau6 or 9ii.a population o not less than one hundred )t# thousand 91>2&222 inhabitants& as certi)ed b# the 'ational Statistics 8*ce:
Provided& That& the creation thereo shall not reduce the land area& population& and income o the ori$inal unit or units at the time o said creation to less than the minimum re(uirements prescribed herein. 9b The territorial 0urisdiction o a newl#" created cit# shall be properl# identi)ed b# metes and bounds. The re(uirement on land area shall not appl# where the cit# proposed to be created is composed o one 91 or more islands. The territor# need not be conti$uous i it comprises two 9 or more islands. 9c The avera$e annual income shall include the income accruin$ to the $eneral und& exclusive o speci)c unds& transers& and non"recurrin$ income. 21! 3ar& 4. HHVIII: Nrom an existin$ province& 22 s(uare ?ilometres. The law creatin$ undred Isles was dul# approved in a plebiscite called or that purpose. %uan& a taxpa#er and a resident o
!ilometers contiguous territory re2uirement under the provisions of the $ocal 5overnment ,ode ($5,). &rt. E(0) of the 66 of the $5, provided the exemption.
oreited i the candidates ail to obtain at least 12 o the votes cast.
*ec. ++0 and +1 of the $5, exempted municipalities and component cities from the area re2uirement if they consist of one or more islands. hile there is no similar provision for provinces there is no reason why the exemption should not apply to them. There is a greater li!elihood that an island or group of islands will form part of the area of a province (7avarro v. %rmita 5.6. 7o. 91 &pril 0 0)
(a) t is valid as the bond is a means of ensuring fair honest peaceful and orderly elections. (b) t is valid as the bond re2uirement ensures that only candidates with su?cient means and who cannot be corrupted can run for public o?ce. 9c It is invalid as the re(uirement eFectivel# imposes a propert# (uali)cation to run or public o*ce 9,a(uera v. 3orra& ./. 'o. C"!L51& September L& 1J5> (d) t is invalid as the amount of the surety bond is excessive and unconscionable. (e) t is valid because it is a reasonable re2uirement; the ,onstitution itself expressly supports the accountability of public o?cers.
211 3ar& 4. 9!M: An ordinance prohibits @notorious street $an$ members@ rom loiterin$ in public places. The police are to disperse them or& i the# reuse& place them under arrest. The ordinance enumerates which police o*cers can ma?e arrest and de)nes street $an$s& membership in them& and public areas. The ordinance was challen$ed or bein$ va$ue re$ardin$ the meanin$ o @notorious street $an$ members.@ Is the ordinance valid; a. 'o& it leaves the public uncertain as to what conduct it prohibits. b. 7o since it discriminates between loitering in public places and loitering i n private places. c. es it provides fair warning to gang members prior to arrest regarding their unlawful conduct. d. es it is su?ciently clear for the public to !now what acts it prohibits. Election Caw 21B 3ar& 4. ,-49III. -on$ress enacted /epublic Act 'o. 1B! re(uirin$ all candidates or public o*ces to post an election bond e(uivalent to the one 91 #ear salar# or the position or which the# are candidates. The bond shall be
Is /epublic Act 'o. 1B! valid;
211 3ar& 4. 91: overnor Paloma was administrativel# char$ed with abuse o authorit# beore the 8*ce o the President. Pendin$ hearin$& he ran or reelection and won a second term. e then moved to dismiss the char$e a$ainst him based on this supervenin$ event. Should the motion be $ranted; a.
es 5overnor PalomaGs reelection is an expression of the electorateGs obedience to his will. b. 7o 5overnor PalomaGs reelection cannot extinguish his liability for malfeasance in o?ce. c. 7o 5overnor PalomaGs reelection does not render moot the administrative case already pending when he Aled his certiAcate of candidacy for his reelection bid. d. 7es& overnor PalomaGs reelection is an expression o the electorateGs restored trust.
211 3ar& 4. 9: The decision o the /e$ional Trial -ourt on appeals pertainin$ to inclusions or exclusions rom the list o voters a. is inappeala ble. b. is subject to an action for annulment. c. may be brought straight to the *upreme ,ourt. d. is appealable to the ,ommission on %lections. 211 3ar& 4. 9BL: Pre"proclamation controversies shall be heard a. b. c. d.
summaril# without need o trial. through trial by commissioner. ex parte. through speedy arbitration.
211 3ar& 4. 9>2:
may be canceled. will subject him to a 2uo warranto action. remain s valid. may be denied due course.
211 3ar& 4. 9>1: A candidate who commits vote bu#in$ on Election Da# itsel shall be prosecuted b# the a. b. c. d.
-8,ECE-. *ecretary of -ustice. police and other law enforcement agencies. ,ity or Provincial Prosecutor.
211 3ar& 4. 9>>: Hian and 7ani ran or -on$ressman in the same district. Durin$ the canvassin$& 7ani ob0ected to several returns which he said were tampered with. The board o canvassers did not entertain 7aniGs ob0ections or lac? o authorit# to do so. 7ani (uestions the law
prohibitin$ the )lin$ o pre"proclamation cases involvin$ the election o -on$ressmen since the -onstitution $rants -8,ECE- 0urisdiction over all pre" proclamation cases& without distinction. Is 7ani correct; es the ,onstitution grants jurisdiction to ,<#%$%, on all pre@proclamation cases without exception. b. 'o& -8,ECE-Ks 0urisdiction over pre" proclamation cases pertains onl# to elections or re$ional& provincial& and cit# o*cials. c. 7o ,<#%$%,Js jurisdiction over pre@ proclamation cases does not include those that must be brought directly to the courts. d. es any conIict between the law and the ,onstitution relative to ,<#%$%,Gs jurisdiction must be resolved in favor of the ,onstitution.
a.
b.
c.
a.
211 3ar& 4. 952: The -8,ECE- en banc shall decide a motion or reconsideration o a. b. c. d.
the >ouse or 6epresentatives and the *enate electoral tribunals. the decision of the election registrar. the decision o the -8,ECE- division involvin$ an election protest. its own decision involving an election protest.
211 3ar& 4. 951: Adela served as ,a#or o Oasim or consecutive terms. 8n her third term& -8,ECE- ousted her in an election protest that udi& her opponent& )led a$ainst her. Two #ears later& udi aced recall proceedin$s and Adela ran in the recall election a$ainst him. Adela won and served as ,a#or or udiGs remainin$ term. -an Adela run a$ain or ,a#or in the next succeedin$ election without violatin$ the B term limit;
d.
7o she won the regular mayoralty election for two consecutive terms and the recall election constitutes her third term. 7o she already won the mayoralty election for 8 consecutive terms. 7es& her ouster rom o*ce in her third term interrupted the continuit# o her service as ma#or. es the fresh mandate given her during the recall election erased her dis2ualiAcation for a third term.
211 3ar& 4. 9M1: Anton was the dul# elected ,a#or o Tunawi in the local elections o 22!. e $ot >1 o all the votes cast. Nourteen months later& Victoria& who also ran or ma#or& )led with the Cocal Election /e$istrar& a petition or recall a$ainst Anton. The -8,ECEapproved the petition and set a date or its si$nin$ b# other (uali)ed voters in order to $arner at least > o the total number o 3ar Examination 4uestionnaire or Political Caw Set A re$istered voters or total number o those who actuall# voted durin$ the local election in 22>& whichever is lower. Anton attac?ed the -8,ECE- resolution or bein$ invalid. Do #ou a$ree with Anton; (a) 7o the petition though initiated by just one person may be ratiAed by at l east 01N of the total number of registered voters. (b) 7o the petition though initiated by just one person may be ratiAed by at l east 01N of those who actually voted during the 0+ local elections. (c) es the petition should be initiated by at least 01N of the total number of registered voters who actually voted during the 0+ local elections. 9d 7es&the petition should be initiated b# at least > o the total number o re$istered voters o Tunawi.
211 3ar& 4. 9M>:
in deprivin$ his constituents o his services or representation& the court ma# a. re(uire the investi$atin $ bod# to expedite the investi$ation. b. hold in abeyance the period of such suspension. c. direct the holding of an election to All up the temporary vacancy. d. shorten the period of such suspension. Administrative Caw Dele$ation o Powers 21 3ar& 4. 1!: Identi# which one is an invalid exercise o the le$islative power: a.
legislation by local government on purely local matters; b. law $rantin$ an administrativ e a$enc# the power to de)ne polic# and )x standards on price control6 9+.S. v. An$ Tan$ o c. law authoriHing the President in times of war or other national emergency for a limited period subject to prescribed restrictions to exercise powers necessary and proper to carry out a declared national policy; d. law authoriHing the President to Ax within speciAc limits tariB rates import and export 2uotas and other duties within the framewor! of the national development program of the government.
21 3ar& 4. 1>:
an administrative agency may MAll up the detailsM of a statute; the legislature may leave to another body the ascertainment of facts necessary to bring the law into actual operation;
c.
an administrat ive a$enc# has e(ual expertise with the le$islature in cratin$ and implementin$ laws6 9+nited 3N 8A v. 3N omes& Inc. d. contingent legislation. 21 3ar& 4. M: 8ne o the cardinal primar# due process ri$hts in administrative proceedin$s is that evidence must be @substantial.@ @Substantial evidence@ is: a. b. c. d.
less than a mere scintilla; less than preponderant scintilla; more than a glint of scintilla; more than a mere scintilla. 9An$ Tiba# v. -ourt o Industrial /elations
21 3ar& 4. MB: A statutor# provision re(uirin$ the President or an administrative a$enc# to present the proposed implementin$ rules and re$ulations o a law to -on$ress which b# itsel or throu$h a committee ormed b# it& retains a @ri$ht@ or @power@ to approve or disapprove such re$ulations beore the# ma# ta?e eFect& is a: a. b. c. d.
legislative encroachment; le$islative veto6 le$islative oversi$ht6 legislative scrutiny.
A: (b) and (c) &ba!ada 5uro Partylist v. Purisima 21 3ar& 4. M!:
agency statement of general applicability that implements or interprets a law; Axes and describes the procedures in or practice re2uirements of an agency; includes memoranda and statements concerning internal administration;
d. an a$enc# process or the ormulation o a )nal order. 93oo? VII& -hap. 1& Sec. 9
21 3ar& 4. ML: +nder the Administrative -ode& in the )xin$ o rates& no rules or )nal order shall be valid unless:
21 3ar& 4. M>: +nder the Administrative -ode& @ad0udication@ means:
a.
a.
whole or any part of any agency permit certiAcate or other form of permission or regulation of the exercise of a right or privilege; b. an a$enc# process or the ormulation o a )nal order6 93oo? VII& -hap. 1& Sec. 9J c. agency process for the formulation amendment or repeal of a rule; d. agency process involving the grant renewal denial revocation or conditioning of a license.
21 3ar& 4. M5: The re(uirement o the Administrative -ode on @public participation@ is that& i not otherwise re(uired b# law& an a$enc# shall: a.
in all cases publish or circulate notices of proposed rules and aBord interested parties the opportunity to submit their views prior to the adoption of any rule; b. in all clear and proper cases publish or circulate notices of proposed rules and aBord interested parties the opportunity to submit their views prior to the adoption of any rule; c. as far as practicable publish or circulate notices of proposed rules and aBord the party@list parties the opportunity to submit their views prior to the adoption of any rule; d. as ar as practicable & publish or circulate notices o proposed rules and aFord interested parties the opportunit# to submit their views prior to the adoption o an# rule 93oo? VII& -hap. & Sec. J91
b.
c.
d.
the proposed rates shall have been submitted to the ".P. $aw ,enter for publication at least two wee!s before the Arst hearing thereon; the proposed rates shall have been published in the
21 3ar& 4. MM: In the 0udicial review o decisions o administrative a$encies& the Administrative -ode re(uires that the review shall be made: a.
on the basis of the pleadings ta!en as a whole; b. on the basis o the record ta?en as a whole6 93oo? VII& -hap. !& Sec. >9L c. on the basis of the evidence ta!en as a whole; d. on the basis of the memoranda ta!en as a whole.
21 3ar& 4. MJ: In the 0udicial review o decisions o administrative a$encies& the Administrative -ode re(uires that& except when speci)call# provided otherwise b# law: a.
the Andings of law of agency when supported by substantial evidence shall be Anal; b. the )ndin$s o act o the a$enc# when supported b# preponderant evidence& shall be )nal6 93oo? VII& -hap. !& Sec. >9L
c.
d.
the Andings of fact of the agency when supported by substantial evidence shall be Anal; the Andings of law of the agency when supported by credible evidence shall be Anal.
211 3ar& 4. : %ax Ciner applied or a public utilit# bus service rom 3acolod to Duma$uete rom the Cand Transportation Nranchisin$ and /e$ulator# 3oard 9CTN/3. 33 Express opposed. CTN/3 ruled in avor o %ax. 33 appealed to the Secretar# o the Department o Transportation and -ommunication 9D8T-& who reversed the CTN/3 decision. %ax appealed to the 8*ce o the President which reinstated the CTN/3Ks rulin$. 33 Express went to the -ourt o Appeals on certiorari (uestionin$ the decision o the 8*ce o the President on the $round that 8*ce o the President has no 0urisdiction over the case in the absence o an# law providin$ an appeal rom D8T- to the 8*ce o the President.
7o exhaustion of administrative remedies up to the level of the President is a pre@ re2uisite to judicial recourse. b. 'o& the action o the D8T- Secretar# bears onl# the implied approval o the President who is not precluded rom reviewin$ the decision o the ormer. c. es when there is no law providing an appeal to the
211 3ar& 4. B:
a. submit to the -S- the two promotional appointments to$ether or approval. b. not appoint 3 until the ,*, has approved &Js appointment. c. submit to the ,ivil *ervice ,ommission (,*,) the second appointment after its approval of the Arst. d. simultaneously issue the appointments of & and 3. 211 3ar& 4. 9>: ,ario& a 3ureau o -ustomsK examiner& was administrativel# char$ed with $rave misconduct and preventivel# suspended pendin$ investi$ation. The head o o*ce ound him $uilt# as char$ed and ordered his dismissal. The decision a$ainst him was executed pendin$ appeal. The -ivil Service -ommission 9-S- subse(uentl# ound him $uilt# and ater considerin$ a number o miti$atin$ circumstances& reduced his penalt# to onl# one month suspension. Is ,ario entitled to bac? salaries; a. b.
c.
d.
es the reduction of the penalty means restoration of his right to bac! salaries. 7o the penalty of one month suspension carries with it the forfeiture of bac! salaries. 'o& he is still $uilt# o $rave misconduct& onl# the penalt# was reduced. es corresponding to the period of his suspension pending appeal less one month.
211 3ar& 4. 91L: The new -ommissioner o Immi$ration& ,r. Suare& issued an 8*ce 8rder directin$ the top immi$ration o*cials to tender courtes# resi$nation to $ive him a ree hand in reor$aniin$ the a$enc#. In compliance& Director Sison o the Administrative Department tendered his resi$nation in writin$ which ,r. Suare immediatel# accepted. Director Sison went to court& assailin$ the validit# o his courtes# resi$nation and ,r.
SuareKs acceptance o the same.
7o Cirector *ison tendered his resignation and it was accepted. b. 7o estoppel precludes Cirector *ison from disclaiming the resignation he freely tendered. c. es for so long as no one has yet been appointed to replace him Cirector *ison may still withdraw his resignation. d. 7es& Director Sison merel# complied with the order o the head o o*ce6 the element o clear intention to relin$uish o*ce is lac?in$.
211 3ar& 4. 91M: An administrative rule that )xes rates is valid onl# when the proposed rates are a. published and Aled with the "P $aw ,enter. b. published and hearin$s are conducted. c. published and posted in three public places. d. published and all sta!eholders are personally notiAed.
211 3ar& 4. 9L: A temporar# appointee to a public o*ce who becomes a civil service eli$ible durin$ his tenure a.
loses his temporary appointment without prejudice to his re@appointment as permanent. b. has the right to demand conversion of his appointment to permanent. c. automatically becomes a permanent appointee. d. retains his temporar# appointment .
211 3ar& 4. 9J: The Solicitor eneral declines to institute a civil action on behal o a $overnment a$enc# due to his strained relation with its head& insistin$ that the a$enc#Ks law#ers can )le the action. Is the Solicitor eneral correct;
a.
es when he deems he cannot harmoniously and eBectively wor! with the re2uesting agency. b. 'o& he must& in choosin$ whether to prosecute an action& exercise his discretion accordin$ to law and the best interest o the State. c. es as in any lawyer@client relationship he has the right to choose whom to serve and represent. d. 7o the *olicitor 5eneralGs duty to represent the government its o?ces and o?cers is mandatory and absolute.
211 3ar& 4. 9B2: A department secretar# ma#& with the PresidentGs consent& initiate his appearance beore the Senate or the ouse o /epresentatives which a. b.
c. d.
must see! the concurrence of the other >ouse before acting. must hold an executive session to hear the department secretary. ma# alto$ether re0ect the initiative. must accept such initiated appearance.
211 3ar& 4. 9BB: H& an administrative o*cer in the Department o %ustice& was char$ed with $rave misconduct and preventivel# suspended or J2 da#s pendin$ investi$ation. 3ased on the evidence& the Secretar# o %ustice ound H $uilt# as char$ed and dismissed him rom the service. Pendin$ appeal& HGs dismissal was executed. Subse(uentl#& the -ivil Service -ommission 9-S- reversed the Secretar#Ks decision and the reversal became )nal and executor#.
/ is entitled to reinstatement and bac! salaries both during his E day preventive suspension and his suspension pending appeal. b. / is entitled to reinstatement and bac! salaries corresponding only to the period of delay caused by those prosecuting the case against him. c. / is entitled to reinstatement but not to bac! salaries on ground of Mdamnum abs2ue injuria.M d. H is entitled to reinstateme nt and bac? salaries durin$ his suspension pendin$ appeal.
211 3ar& 4. 9B1 The ,etro ,anila Development Authorit# 9,,DA passed a rule authoriin$ tra*c enorcers to impound ille$all# par?ed vehicles& or the )rst oFense& and con)scate their re$istration plates or the second. The ,,DA issued this rule to implement a law that authoried it to suspend the licenses o drivers who violate tra*c rules. Is the ,,DA rule valid;
211 3ar& 4. 9B>: Alredo was elected municipal ma#or or B consecutive terms. Durin$ his third term& the municipalit# became a cit#. Alredo ran or cit# ma#or durin$ the next immediatel# succeedin$ election. Voltaire sou$ht his dis(uali)cation citin$ the B term limit or elective o*cials.
a.
a.
7o since the ##C& does not have rule@ ma!ing power. b. es it is a valid exercise of the power of subordinate legislation. c. es it is an implicit conse2uence of the law upon which it acted. d. 'o& the rule $oes be#ond the sphere o the law.
b.
c.
7o the 8 term limit should not apply to a person who is running for a new position title. es the 8 term limit applies regardless of any voluntary or involuntary interruption in the service of the local elective o?cial. 7es& the B term limit uniorml# applies to the o*ce o ma#or& whether or cit# or municipalit#.
d.
7o the 8 term limit should not apply to a local government unit that has assumed a diBerent corporate existence.
211 3ar& 4. 9!!: The School Principal o /amon ,a$sa#sa# i$h School desi$nated ,aria& her dau$hter& as public school teacher in her school. The desi$nation was assailed on $round o nepotism. Is such desi$nation valid; a.
7o because the law prohibits relatives from wor!ing within the same government unit. b. 7es& because ,ariaKs position does not all within the prohibition. c. 7o because her mother is not the designating authority. d. 7o because #aria is related to the supervising authority within the prohibited degree of consanguinity.
211 3ar& 4. 9>: A law authoried the Secretar# o A$riculture to re(uire the (uarantine o animals that suFer rom dan$erous communicable diseases at such place and or such time he deems necessar# to prevent their spread. The Secretar# o A$riculture issued a re$ulation& imposin$ a penalt# o imprisonment or 12 da#s on persons transportin$ (uarantined animals without his permission. The re$ulation is a.
a valid exercise of the power of subordinate legislation. b. invalid or bein$ ultra vires. c. a valid exercise of police power. d. invalid for being discriminatory.
211 3ar& 4. 9>!:
(a) (b) 9c (d)
a discretionary duty. a mix discretionary and ministerial duty. a ministerial dut#. a rule@ma!ing duty.
211 3ar& 4. 9>J: A private person constituted b# the court as custodian o propert# attached to secure a debt sou$ht to be recovered in a civil proceedin$ is a. b. c. d.
a private sheriB. a public o*cer. a private warehouseman. an agent of the party to whom the property will ultimately be awarded.
211 3ar& 4. 95!: Van sou$ht to dis(uali# ,anresa as con$resswoman o the third district o ,anila on the $round that the latter is a $reencard holder. 3# the time the case was decided a$ainst ,anresa& she had alread# served her ull term as con$resswoman.
*he was a de jure o?cer having been duly elected. b. *he was not a public o?cer because she had no valid existing public o?ce. c. *he was a de jure o?cer since she completed her term before she was dis2ualiAed. d. She was a de acto o*cer since she was elected& served& and her dis(uali)cation onl# came later.
211 3ar& 4. 9L2: Amor sued or annulment o a deed o sale o Cot 1.
dama$e suit a$ainst Att#. -rispin but the latter invo?ed $ood aith and immunit# rom suit or acts relatin$ to his o*cial dut#& claimin$ he was not #et the -ler? o -ourt when Amor )led his action. Decide. a.
&tty. ,rispin is immune from suit since he enjoys the presumption of regularity of performance of public duty. b. Att#. -rispinGs deense is invalid since he issued his certi)cation rec?lessl# without chec?in$ the acts. c. &tty. ,rispinGs defense is valid since he was unaware of the pendency of the case. d. &s ,ler! of ,ourt &tty. ,rispin enjoys absolute immunity from suit for acts relating to his wor!.
211 3ar& 4. 9L1: The ousin$ and Cand +se /e$ulator# 3oard 9C+/3 ound Atlantic omes& Inc. liable in dama$es arisin$ rom its dela#ed release o the title to the house and lot that it sold to %osephine. Atlantic appealed to the 8*ce o the President which rendered a one pa$e decision& a*rmin$ the attached C+/3 0ud$ment. Atlantic challen$es the validit# o the decision o the 8*ce o the President or not statin$ the acts and the law on which it is based. Is the challen$e correct; a.
7o the
211 3ar& 4. 9LL: Procedural due process in administrative proceedin$s
9a re(uires the tribunal to consider the evidence presented. (b) allows the losing party to Ale a motion for reconsideration. (c) re2uires hearing the parties on oral argument. (d) permits the parties to Ale memoranda. 211 3ar& 4. 9LJ: %ud$e Clo#d was char$ed with serious misconduct beore the Supreme -ourt. The -ourt ound him $uilt# and ordered him dismissed. 3elievin$ that the decision was not immediatel# executor#& he decided a case that had been submitted or resolution. The decision became )nal and executor#. 3ut the losin$ part# )led a certiorari action with the -ourt o Appeals see?in$ to annul the writ o execution issued in the case and bar %ud$e Clo#d rom urther actin$ as 0ud$e. -an the relie a$ainst %ud$e Clo#d be $ranted; 9a 'o& %ud$e Clo#dGs ri$h t to sta# as 0ud$e ma# be challen$ed onl# b# direct proceedin$& not collaterall#. (b) es the action against -udge $loyd may be consolidated with the case before the ,ourt of &ppeals and decided by it. (c) es -udge $loyd Gs right to stay as judge may be challenged as a necessary incident of the certiorari action. (d) 7o the losing party has no standing to challenge -udge $loydGs right to stay as judge. 211 3ar& 4. 9ML: In the valid exercise o mana$ement prero$ative consistent with the compan#Gs ri$ht to protect its economic interest& it ma# prohibit its emplo#ees rom a. joining rallies during their wor! shift. b. marr#in$ emplo#ees o competitor companies. c. publicly converging with patrons of competitor companies.
