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BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006)
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40 SCRA
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in Municipality
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195 SCRA limitations
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balanced and 2) Is the municipal
healthful ECOLOGY in accord with SUGGESTED
Liquidators,
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ItSCRAshall 171, in such a case the
ordinance
the rhythmvalid? and harmony of nature." State is merely giving the plaintiff a chance to
be invoked because under the Freedom
Constitution such power can be exercised only by
the President and only up to February 25, 1987. 5. "A public officer or employee shall, upon
Since the law under question was presumably assumption of office, and as often as thereafter
passed after February 25, 1987 and by Congress, may be required by law, submit a declaration under
it is unconstitutional. oath of his assets, liabilities, and net worth. In the
case of the President, the Vice President, the
(b) With respect to the provision requiring the Members of the Cabinet, the Congress, the
loyalty test, loyalty as a general rule is a relevant Supreme Court, the Constitutional Commissions
consideration in assessing employees' fitness. and other constitutional offices, and officers of the
However, the requirement in this case is not a armed forces with general or flag rank, the
general requirement but singles out "martial law" declaration shall be disclosed to the public in the
employees and therefore is administered in a manner provided by law." (Section 17, Article XI)
discriminatory manner. Loyalty, therefore, while a
relevant consideration in other circumstances, is 6. "Information on foreign loans obtained or
being employed in this case for an unconstitutional guaranteed by the Government shall be made
purpose. available to the public." (Section 21 Article XII)
As explained In Valmonte v. Belmonte,
170 SCRA 256 (1989), the purpose of the
Bill of Attainder (1990) policy is to protect the people from abuse
No. 1; Executive Orders Nos. 1 and 2 issued by of governmental power. If access to
President Corazon C. Aquino created the information of public concern is denied,
Presidential Commission on Good Government the postulate "public office is a public
(PCGG) and empowered it to sequester any trust" would be mere empty words. {Note:
property shown prima facie to be ill-gotten wealth The examinee should be given full credit if
of the late President Marcos, his relatives and he gives any three of the above-
cronies. Executive Order No. 14 vests on the mentioned provisions.}
Sandiganbayan jurisdiction to try hidden wealth
cases. On April 14, 1986, after an investigation,
the PCGG sequestered the assets of X ARTICLE III Bill of Rights
Corporation, Inc.
(1) X Corporation, Inc. claimed that President
Bill of Attainder (1987)
Aquino, as President, could not lawfully issue
No. XI: Congress passed a law relating to
Executive Orders Nos. 1, 2 and 14, which have
officials and employees who had served in the
the force of law, on the ground that legislation is
Government for the period from September 21,
a function of Congress. Decide.
1972 up to February 25, 1986.
(2) Said corporation also questioned the
(a) One provision of the law declared all
validity of the three executive orders on the
officials from the rank of assistant head of a
ground that they are bills of attainder and,
department, bureau, office or agency "Unfit" for
therefore, unconstitutional. Decide.
continued service in the government and declared
SUGGESTED ANSWER:
their respective positions vacant.
(1) Executive Orders Nos. 1, 2 and 14 were
(b) Another provision required all the other
issued in 1986. At that time President Corazon
officials and employees to take an oath of loyalty
Aquino exercised legislative power ....
to the flag and government as a condition for
their continued employment. Are the two
(2) Executive Orders Nos. 1, 2 and 14 are not
provisions valid? Why?
bills of attainder. A bill of attainder is a legislative
SUGGESTED ANSWER:
act which inflicts punishment without judicial trial.
(a) The law is a bill of attainder by which
Accordingly, it was held in Bataan Shipyards and
Congress, by assuming judicial magistracy, in
Engineering company. Inc. v. Presidential
effect declares all officials and employees during
Commission on Good Government, that
martial law (September 21, 1972February 25,
Executive Orders Nos. 1, 2 and 14 are not bills of
1986) as disloyal and, on this basis, removes
attainder, because they do not inflict any
some while subjecting others to a loyalty test.
(6) Publicize
punishment. matters
On the contrary, theycovered
expresslyby its
provide investigation
that any judgment when circumstances
that the property so
warrant
sequestered and withwealth
is ill-gotten due prudence," (Section
is to be made by
With respect to the provision declaring positions
12, Article
a court (the XI)
Sandiganbayan) only after trial.
vacant, even the power to reorganize can not
unavailability
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During
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citizen.
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SUGGESTED
were timely through raised an the
ANSWER: open windoware
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Article is inadmissible....
III of the 1987
the police station for questioning. Was the search Constitution, only a judge
the
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evidence. of
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issue
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search
legal? the policemen
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partially
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accordance opened with by law.
the papers
As held
packages andwas clothes.
in Go Antonio,
thev.managerCourt of Searches
proceeded and
to a Seizures;
smaller
the petition, the Collector of Customs, Valid
house Warrantless
inside the same the
through
owner
Appeals,
of the moteland206 driver SCRA
without of the any138,car in question,
his
interference case of does not fall
the agents SUGGESTED
Search
compound (2000) with ANSWER:
address
Office of the Solicitor General, contends that he is at No. 17-A Speaker
under the Instances
of the National Bureau in of Rule 113, sec. 5As(a)
Investigation. held of the
in a)
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Perez theSt.,
authorized search
officers
entered
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not
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valid,
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Code was to
1985 was
Rules chargedof for
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People vs. Marti, 193 SCRA 57, the constitutionalviolation Procedureof the firearms
authorizing no probable
assigned
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surveillance
the objection for
order the seizure of the equipment whose duties conducting
ofof the
Mr. environs
Pelets the search.
who of a As
ban. Are
warrantless
right against the firearms
arrests.
unreasonable It cannot admissible
searches be considered
and in seizuresa cemetery
held
happened
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taxes where
to
were be the the
Sanchez
not sale
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owner
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the States,
first 413
corporation
valid evidence
referswarrantless
to unwarranted against arrest him?
because
intrusion Explain.
by the Johann government did not U.S.
drugs
house.
did 266,
are
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rampant.
exhaust a moving
A
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police found the vehicle
with can
reddish be
unlicensed
remedies. and searched
Should
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commit
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crime inspection
operate in the by
as apresence the police,
restraint upon of the prohibited
private police glassy
without
firearms
the eyes
petition aand warrant,
bewas walking
ammunition
granted? thereDecide.
unsteadily
must
they were stilllooking
moving
be probable for. As
drugs
officers, were
individuals. since found
2) Thetheyinside were the
receipt notis various
present
not admissiblewhen Johann in cause.
a result.Inthem
towards Mr. theErnanicase
but veered in
Peletsquestion,
away there he
when
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sensed
charged
compartments
had allegedly
evidence. ... raped of Antonio's his neighbor. car, can the drugs
Neither can be It be the
to indicate
presence
in court withthat of policemen.
Illegal marijuana
possession leaves
They of approached
were hidden
firearms and in
used in evidence against
considered an arrest under Rule 113 sec. 5 (b) Antonio if he is SUGGESTED
the
him, trunk
ammunition of the
introduced asANSWER:
car.
themselves
penalized The mere underasfact police thatofficers
the boyand did
prosecuted
which allows foran possession
arrest without of prohibited a warrant drugs? to be P.D. object
The
asked
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petition
him what as
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in his Under
carAthand.
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does trial,
Secs.
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Explain.
made when a crime has in fact just been 2205 vehemently
constitute
he kept and mum, 2208
consent objected
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to the
the andpresentation
search.
pried Customs
hisAs hand of
Code,
ruled
open the in
SUGGESTED
Searches and
committed andANSWER:
Seizures;
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customs
and
People found vs. against
officials
a Burgos,
sachet him areof144for authorized
being
shabu, SCRA a inadmissible.
1, to
dangerous theenter failure Isany
drug. Mr.
to
a) Yes, the
private
personal citizenfirearms
knowledge (2002) areoffsets
admissible indicatingin evidence, that the Emani to
warehouse,
object
Accordingly Pelet's not contention
a warrantless
charged usedinassearch dwelling,
validthe
court, or
does not?
fornot
accused the
Why? purpose
(5%)
constitute
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No VIII. to
person they
One be day were
arrested validly
a passenger seized.
committed busit. In Valmonte
conductor
Since found
Johann of seizingespecially
objected
consent, toanythearticle
admission inwhich inisevidence
the light subject
of the fact. to
of forfeiture.
the
vs.
was Dearrested
a man's Villa,
handbag 178 a SCRA left in 211
week the and
afterbus. the185When SCRA
alleged the rape,665, it SUGGESTED
For this purpose
dangerous drugANSWER: they need
because it wasno warrant
the result issued
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deemed held bethat
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crimefound whichinside may
"hasa be just ALTERNATIVE
The
a contention
court.
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of Ernani
seizure. Pelet
in Viduya Ruleison valid.
vs. the As held in
Berdiago,
objection. 73
set
been upcommitted".
catling to
cardmaintain
with the peace
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owner's the order
name police forofficers
(Dante the benefit
Galang) who Yes.
People
SCRA
(3%) The vs.
b)553.
What requirement
Court
forare of
centuries
the Appeals, of the
instances probable whencause
291SCRA
seizure of 400
goods
warrantless differs by
of
and the
arrested public
address, himand ahavefew checkpoints
hundred
personalpeso are abills,
knowledge securityandofa small facts from
(1993),
customs
searches caseif the to place
officials
may case. to Inenforce
searched
be effected? this (2%)one,
is the since
differentcustoms the
frompolice laws
measure
plastic bag
indicating against
containing
that Johann unauthorizedaraped
whitehis firearms.
powdery
neighbor. Since
substance. agents
that stated
without need inare the confronted
ofsearcha search warrant, with
warrantthe evidencelarge-scale
has been
the search which
He brought the powdery resultedsubstance in the discovery to the Nationalof the SUGGESTED
smuggling
seized is inadmissible.
recognized. ANSWER:
of prohibited Thedrugs, existence
policeman cannot of which
firearms
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of the car, a)
is
modifyThe
of the objection
public placeknowledge,is be
to notsearched
tenable. they In
asaccordance
canoutset
set in the up
Searches
itand
was and Seizures;
reasonable.
it was determined Because to be Warrants
of the ban on
methamphetamine of Arrest ARTICLE
with
search Manalili
checkpoints warrant. v.IV
at CourtCitizenship
strategic of Appeals,
places, in 280 theSCRA
Action same for400 way
(1991)
firearms,
hydrochloride the possession
or shabu, aofprohibited the firearms drug. was Dante (1997).
that of in
Cancellation; since the
a neighborhood accused had
Prescription a& rediseyes
child
Effect of and
kidnapped,
Death wasit
No.
Galang8: On
prohibited. was the
Since basis
subsequently they of were
a verified
traced
found report
and
in plain andview
found andin Searches
walking
is lawful
(1994) and
unsteadily
to search Seizures;and
cars the search
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confidential
brought
the course ofinformation
to the aNBI lawful Office that
search,where various
in he electronicwith
accordance
admitted private
hang-out
neighborhood citizen
of drug (1993)
or addicts,
village:
No. 7: - Enzo, a Chinese national, was granted theThis police officers
situation ishad also
equipment,
the decisionofwhich
ownership inthe Magancia were illegally
handbag vs. and imported
its
Palacio, contents. intoInthe
80 Phil. the No. 4: Larry
sufficient
similar
Philippine toreasonwas anstop
to
warrantless
citizenship overnight
in athe guestrendered
accused
searches
decision inanda motel.
of tomoving
frisk
by
Philippines,
course
770, they arewere
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interrogation by bodega
NBI
evidence. agents, of the and After
him.
vehicles he
Since checked
shabu out
was
the Court of First Instance of Pampanga on have
in customs the following
actually
area, which found day, the
during
searches the
Tikasan
without the Corporation
presencelocated and assistance at 1002 Binakayan of counsel, chambermaid
investigation,
been
January upheld.
10, 1956. itfound
could
(Papa Hean be attache
vs.
tookseized
Mago,
his oath case
without
22 ofwhich the need
SCRA
office she
on857
St.,
GalangCebu was City,
made the Collector
to sign a receipt of Customs for the of plastic
Cebu surmised
for a
(1968). search
The was left
warrant.
rule is behind
based
June 5, 1959. In 1970, the Solicitor General filed by
on Larry.
practical She turned
necessity. it
b)
bag No,
issued,andin the
itsthedrugs
morning
shabu cannot
contents.of 2beJanuaryused in1988,
Galang evidence
was a
charged over to the manager who,
a petition to cancel his citizenship on the ground to determine the name
against
Warrant
with illegal Antonio
of Seizure if heand is prosecuted
Detention against for possession the and
that address
in July 1969 of the theowner, Court opened
of Tax Appeals the attache found
of prohibitedfor
corporation drugs.the seizure The drugs of the electronic case and saw
that Enzo had cheated the packages which had a
acquired
shown
the dayinofher some
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citizenship.
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the Effect
(2)
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Whether
qualify
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of Repatriation
to participate
or(Art.not Ferdie's
IV,
(2002)
insec.the management
1(3)).
act ofUnder filing his Art.
of
for
2001,Governor
legislativeleaving ofher
Yuan Sorsogon.
financially
after their Under
secured. Section She39(a) of
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the
No
IV, sec,
Bulletin
I - 2 A he of
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ascandidacy
is Vice-President
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Government
the inPhilippines.
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parents. a permanent martialresident law was of the United in the
declared
governor
in
not2004 apply bymustrunning be afor
in situations resident
Mayor inofthe
brought APP, province
abouther by dual States.of Marriage;
Effect
Philippines on September Filipino 21,(1989)
1972, he went to the
where
hometown.
citizenship,he intends Hersuch opponent
toas runthe atsought
least
one one to have herin the
involved 2. The 2: Constitution
SUGGESTED
No,
United (1)
States Lily and ANSWER:
Teh was requires,
arrived inamong
naturalized Manilaas other
onanone things,
of her
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problem. because
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ruling
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election.
replied
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resulting she Kongo
from acquired her uponmarriage
ZOZ's
her marriage to a Representatives
Appeals,
met
to the Peter 191Go,SCRA
Philippines a must and229,
naturalized be a
later aton least
green
Filipino 25
card
reacquired yearsis proof
citizen. ofAfter
age a
Philippine
in
citizenship
1989, Zeny
foreigner because
under abandoned
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she
as she did in not the
does lose not "on the
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citizenship holder of
by the
courtship, aelection."
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isrepatriation.
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Suppose sec. of 6).
inmarried
the
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Philippines.
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United
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2004 San was
States, born
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elections for
he on May
itisidentifies
Church. elected15,
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the
Member he did
holder
after ofas
the not
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wedding,
said,
underare
decision Filipino
in Caasicitizens.
Commonwealth vs. Court IsofTCA
Act. No.qualified
Appeals, 63, 191 Sec. toSCRA
run
1(2). become
resident
Lily
of Teh of 25 years
petitioned
Representatives the United oldandinuntil a May
States
administrative
caseand 15, 1987.
isstates Hence
filedproceedings
that
seeking the his
for
229.
UnderMayor? this (5%) law, express renunciation is different on Mayisimmigration
holder
before 11,
disqualification 1987,on
entitled towhen reside the
authorities
the election
permanently
ground thatwas
to declare
heandheld,
isworkhe aa
her
not
ALTERNATIVE
from an act of allegiance ANSWER:to a foreign power as a was
in the4 United
Filipino
natural-borndayscitizenshort
States.
citizen of the
stating of the required she age.
thatPhilippines, had none how of shouldthe
SUGGESTED
No.
ground Zeny for wasANSWER: not qualified
loss of Philippine to run forcitizenship. Governor. disqualifications
the case against him provided be decided? in the Explain Revised your
On
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answer. (5%)of a Law.certificate
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Filipino girlfriend does not of
SUGGESTED
allegiance
who
inimical marry to toaliens ANSWER:
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a
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still SUGGESTED
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have the
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did Yao,
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law pending a748, it."a (Sec.
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status
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birthday, inbe Coastdecided
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Court
never country of A."during
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of naturalizalion
merely
IV,
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Constitution).
legislation, ofHer be cancelled
her marriage,
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she
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In
191 tenure"v.
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SCRA229,
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House
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of Representatives
waiver
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Electoral
visit as
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passport
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By this
are act,the
indicative sheof court
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her sec.
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tourist act
from The
357 provision
independent
Taipeh SCRA cannot
of
during 545 and apply
the(2001),
prior
Chineseto to the Brown
repatriation for
filing Year,
New of
regarding
her
renunciation the of
Philippine moral character
citizenship.
Philippine of(Section
citizenship, the petitioner.which 1 [3], is a the certificate
his
who following
results in theonly
spoke reasons:
ofrecovery
candidacy.
Chinese, First,
of the Brown
and original
whois innationality.
addition
had radical
Commonwealth
ground for loss Act of her No.citizenship
63.) which she was an American
Since
ideas Aliked citizen
wasadvocating
a natural-born and unification
thusFilipino
has a dual citizen
of Taiwan before with
Dual Allegiance
supposed to have vs. retained.
Dual Citizenship When she (1988) ran for Dual
he Allegiance
citizenship which vs.
is Dual
allowed
mainland China. Lily Teh, however, swore that he
became a naturalized Citizenship
by the
American (1987)
Constitution.
citizen, she
2) No,
No.
Effect 13:Enzo
Governor ofRobert
Repatriation
ofcannot Brown
Sorsogon, askwas (1999)
forZenythe
borndenial in Hawaii
was of the
no on Maya
longer No. Art.
(Cf.
was VIII: "A"sec.
IV,
restored
renouncing was to4), born
hisSecond,
her in 1951
former
Chinese in
Brown
status thedid
allegiance United
as not
a and seek
natural-
whileto
No III
petition
15, 1962,
Philippine -forB. the
of an
citizen Julio
cancellation
and, Hortal
American hence, ofwas
father
his
was born
certificate
and ofa Filipina
disqualified Filipino
of for States
acquire
born ofthe
Filipino a Chinese
status
when of
he father
an and
immigrant,
repatriated.
she knew no Filipino customs and traditions as yet, a Filipina
but is mother.
an
parents.
naturalization
mother.
said position. On Upon on
May reaching
the 16,
ground the
1983 that age
while
he of
had majority,
holding
availed he
anof Under
American
she Chinese
evinced by abirth laws,
sincere under "A's" themother
desire principle
to learn automatically
of
and jusembrace
soli
became
the tax amnesty.
American a passport,
naturalized hecitizen
In accordance registered inwith anotherthe a country.
as ruling Filipino
in became
obtaining a inChinese
the United
them. Would Lily Teh succeed in becoming nationalStates. by Third,
her marriage.
he did not a
Later,
Republic
with the hePhilippine
reacquired
vs. Li Yao,Consulate Philippine
224 SCRAat748, citizenship.
Honolulu, the taxHawaii. Could Effect of Repatriation
Filipino citizen through her marriage to Peter aGo?
seek to change his status (2003)during his tenure as
2) Although
Hortal
amnesty
In regain
September, merely under
his
1983 Section
status
removed he returnedall11(1),
as natural
the to
civil,Article
theborn
criminal XVI of the
Filipino
Philippines, and No
publicIV officer.
Explain. - Juan Cruz Fourth, was theborn of Filipino
provision of Art.parents XI, sec.in
Constitution,
citizen?
administrative
and took Would upmass yourmedia
liabilities
residence answer must
at beBoac,
of Enzo. be
the
It did wholly
same owned by
whether
Marinduque,
not obliterate 1960
In 1973,
17 is notin upon
Pampanga. reaching
self-executing In but
the
1985, age he
requires of majority,
enlisted
an "A"
in the
Filipino
he
his lack
hometown citizens
reacquires
of good
of hismoral and hisunder
mother. Section and 2 as
Filipino-citizenship
character
He registered of athe voter,Anti-
by U.S.
elected Marine
implementing to acquireCorps
law. Philippine
and took
Fifth, but above an
citizenship.
oath all,ofthe allegiance
However,
House
Dummy
repatriation
irreproachable
voted, Law
and even or by aliens may
act of Congress?
conduct.
participated 3) Onas not
the intervene
Explain.
a assumption
leader of (3%)
one in
that ofthe SUGGESTED
to
"A" the
continued
Electoral UnitedTribunal ANSWER:
States
to reside
hasofno in
America.
California
jurisdiction In and1990,
to decideto hecarry was
this
management
he left
the candidates
a family, in of any
thethatdeath nationalized
district
of Enzo in the business
does 1984 notBatasan activity.
render Yes,
question Lily
naturalized
an American Teh
since as ipso
passport.
itan facto
does American
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He concern
alsocitizen. a Philippine
paidthe allegiance
In 1994, to citizen
he
FIRST
Zeny may
the petition
elections. ALTERNATIVE
be
Inforelected
the
the elections ANSWER:
vice
cancellation president
of of1987, hisofcertificate
the
he Philippine
ran of for upon
was
the Taipeiher marriage
qualification
repatriated
government. to Peter
of a member-elect.
under InRepublic
the Go, 1987 who Act is aNo.
Philippine Philippine
2430.
Julian
Bulletin, Mortal
naturalization
Congressman, because can
and regain
moot. she
won.
As held has
His hisinsole status
remained
Republic
opponent asvs. aa Linatural
is Filipino
Yao,
now citizen,
During
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elections,
1998 National shewas
he possesses
elected
Elections, none
Senator. he ran of for
His the
born
citizen.
224 SCRA
questioningcitizen Under hisbyqualifications
748, the repatriating.
Section
outcome4,of and Since
Article
the iscase repatriation
trying IV ofoustthe
willtoaffect disqualifications
and
opponent was moved elected laid down inhimSection
to disqualify
representative onof thethe 4 ofFirst
grounds: the
involves
Constitution,
his wife
him on two andrestoration
basic Filipino
children. claims: ofcitizens
a person whoto marry citizenship aliens Dual
Revised
District
a) That Citizenship
of was not(1994)
heNaturalization
Pampanga a natural
whereLaw.born heAccording
resided
citizen; since to tob)his
and the
previously
retains their lostcitizenship
by expatriation unlessandbyJulian their Mortal act or No.
That8:
ruling hein
repatriation.Inhad 1989,
Moy "dual
Was Ya Zeny he Reyes
Lim
allegiance" Yao vs.
qualified married
not Commissioner
only
to run Benfor
to Tulog,theofa
(1) He
was
omission is not
previously they a natural
area natural bornborn
deemed, Filipino
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the in law, but
casetoishavehe national ofExplain.
Immigration,
position? the 41State SCRAof292, Kongo. an alien Underwoman the laws whoof
Citizenship;
in fact, an American,
repatriates
renounced heElected
it. The beborn
will acts Official
or in
restored Hawaii,
omission (1993)
to his anstatus
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result SUGGESTED
Kongo,
marriesthe United
an alien
a Filipino ANSWER:
States
woman butmarrying
husband also ipsoto the Republic
a Kongo
facto becomes of a
national
No. 7:
portion
natural
in lossFerdie
of
born the immigrated
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citizenship toholds
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he reacquired are United
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citizenship
enumerated in in China.
Cruz was
automatically
Filipino Decide.qualified
citizen SUGGESTED
acquires
without to run Kongo
having ANSWER:
as representative
citizenship.
to possessAfter of the
any her
of
passport;
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by 1980s.
Commonwealthact of Thereafter, Act No,heJulian
Congress, 63.visited
Zeny his
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not be of any a The
First
the electoral
marriage,District Zeny
qualifications ofcontest
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tendered,
82 Phil. 642. for itInmay other inflict
words,consequences
admission of of guilt is impeachment;
rights then
was which 2) areReprieves,
incarcerated to commutations,
legally serve demandable
the i expired and
greater disgracesine
not a condition thanqua thosenonfrom for which it purports
the availment of pardon,
portion and
enforceable,
of hisand sentenceto determine
following whether or not there
the revocation by
to relieve.Is this correct? Explain.
amnesty. remission
has President
the been a grave ofthe
of fines
abuse and
pardon. offorfeitures
discretion can be
amounting to
ALTERNATIVE ANSWER: lack granted
or excess onlyofafter conviction
jurisdiction onbythe finalpart of any
SUGGESTED
No, Lucas cannot ANSWER:reject the pardon. According to branchjudgment.
or instrumentality of the Government (Art.
The view
Biddle that it is 274
vs. Perovich, not U.S.
necessary for rebels isto
480, acceptance 3)
Vin, Sec. The1, favorable
par. 2,1987recommendation
Constitution). When of the the
admit
not the commission
necessary, for the grant of the crime involves
of pardon charged ain Bruno's
COMELEC
grant of power family
is required
is filed for
qualified, aconditional
petition
violationfor habeas
of subject
or electionto
order to availby themselves
determination the Presidentofthat thepublic
benefitswelfare of laws,corpus,
rules and
limitations, alleging
the regulations.
issue thatofit whether
was errorthe to have him
prescribed
amnesty
will be better is notserved correct. As stated
by inflicting less than in Vera what v. qualifications or conditions have been met or in
recommitted as the charges were false, the
People,
the judgment7 SCRA fixed.156, the doctrine laid down in B. fact, half
According
limitations of
to them
respected, iswere
Barrioquinto
justiciablealready — dismissed.
v. Fernandez, the problem 82
Borrioquinto vs. Fernandez, 82 Phil. 642 has Phil.
beingResolve
642,of the
one petition
legality following withare
or validity, reasons.
notthe (4%)
distinctions
its wisdom.
been overturned. Amnesty presupposes the SUGGESTED
between pardon ANSWER:
and amnesty.
Pardoning
commissionPower; of a crime. Executive It isClemency
inconsistent (1997)for The petition
1 Pardon should not be act
is a private given anddue must course.
be The
someone to seek for forgiveness for a crime grant of and
pleaded pardon proved and the person
by the determination
pardoned; of the
No.
which 15;he Governor
denies A was charged
having committed. administratively
(People vs. Articleamnesty
terms
while and
VII, conditions
Section
is a public18of ofaact conditional
theof which
1987 Constitution
courts
pardon take
are
with oppression
Pasilan, 14 SCRA 694). and was placed under preventive PURELY
judicial notice;
EXECUTIVE ACTS
specifically grants the Supreme Court the power which are not
suspension from office during the pendency of his 2
to review,
subject Pardon andoes
toin judicial not
appropriate require
scrutiny. the
Theconcurrence
proceeding acceptance
filed by
Pardoning
case. FoundPower; guilty ofAmnesty the charge, (1995) the President of
anyCongress,
thereof by the
citizen, thewhile amnesty
convict
sufficiency requires
or prisoner
of the factual the basis
carried withofit
No. 5: Lucas,
suspended hima fromranking member
office for ninety of the days.NDF, was
Later, concurrence
authorityof Congress;
the proclamation or of power martial of law.the Thus,Executive in the to
captured
the President by policemen
granted himwhile clemency aboutbytoreducing board a 3
determine
matter of Pardon
whether
such isdeclaration,
granted
a condition to individuals,
two or conditions whileof the
must
passenger
the period ofbus bound for to
his suspension Sorsogon.
the periodCharged he has amnesty
concur: has
pardon is granted
(1) there
or have to classes
must been ofactual
be anviolated. persons or
invasion
Where the
or
with rebellion
already served. The he Vice pleaded
Governor not questioned
guilty when the communities;
President
rebellion; and opts (2) to revoke
public safety the conditional
must require pardon it.
arraigned.
validity of theBefore
exercise trial ofheexecutive
was granted clemency absolute
on 4 Pardon
The Supreme
given, no judicial mayCourt be granted
cannot forrenege
pronouncement anyof offense,
guilt
on of itsa
pardon
the ground bythat theit could
Presidentbe granted to allowonly in him to
criminal, while amnestycrime
subsequent
constitutional is granted
duty for
toisdetermine political
necessary, offenses;
whether muchor less not
participate
not in thecases.
administrative, peace How talks
should between
the question the 5
the saidPardon
conviction factual
therefor isconditions
granted
by finalafter final
judgment
exist (IBP conviction,
ofv.a Zamora,
court, in
government
be resolved?and the communist rebels. while
order
G.R. No.amnesty
that141284,
a convictmayAugustbemay granted
be at any time; and
15,recommended
2000). for the
6
violationPardon of looks his forwardconditional and relieves
pardon.the The
SUGGESTED
3. Instead of a ANSWER:
pardon, may the President grant 4.
offender Finally,
from the
determination ofthe Solicitor
consequences
the occurrence General
of
of his maintains
offense,
a breach of a
the accused
The argument amnesty
of the Vice
if favorably
Governor recommended
should be that the
while President
amnesty
condition of looks reported
backwardto
a pardon, andCongress
thethe person such
proper
by the National
rejected. As heldAmnesty
in Llamas Commission?
vs. Orbos, 202 Explain.
SCRA proclamation
granted it stands
consequences of Martial
before
of such Law,
thebreach,but as
law Congress
though
is a he did not
had
purely
844. the power of executive clemency extends to revoke the no
committed
executive proclamation.
act, offense.
not subject Whattois judicial
the effect of the
scrutiny.
4. May the accused
administrative cases.avail of the benefits
In granting the powerof of inaction v.ofGonzales,
(Torres Congress G.R. on the No. suit 76872, brought
July 23, by
amnesty despite
executive clemency the upon
fact thethehe continued
President, to
Section Robert to the Supreme Court? (2.5%)
1987)
SUGGESTED
profess
19, innocence?
Article VII ofANSWER:
the Explain.
Constitution does not
The Supreme
SUGGESTED
distinguish Court
ANSWER:
between should rule
criminal andthat his deter-
administrative Pardoning
SUGGESTED Power;
Power;
ANSWER: Exec(1988)
Kinds Clemency; Pardon
mination
3. The Section
cases. President
is not conclusive
19,may
Articlegrantupon
VII the the
accused
of the courts.amnesty.
The
Constitution (1995)
The
No. 24:
inaction
The first
of Congress
paragraph has
of no
Section
effect19onofthe
1987 Constitution
According
excludes to Barrioquinto
impeachmentallowscases,
a vs.
citizen,
Fernandez,
whichin an 82 Phil.
are not No.
suit 5:
Article Lucas,
brought
VII of bya Robert
theranking tomember
Constitution of the for
the Supreme
providing NDF,thewas
Court as
appropriate
642,
criminal
Amnesty
cases,proceeding,
may
frombe to file aofbefore
thegranted
scope petition
the power
or after
of the captured
Article
pardoning bypower
VIII, policemen
Sectionof 18 while
theprovides about
President, to boardona
formentions
checks
questioning
institution
executive of the
the sufficiency
clemency.
criminal
If this of the factual
prosecution.
power may bebasis of passenger
the
reprieve, bus bound
President's
commutation,
power tofor
andSorsogon.
declare
pardon. Charged
martial
Please
law to
said proclamation.
exercised only Moreover, the power to with rebellion separately
be exercised he pleadedby not guilty and the
Congress
reason
a) the issue
in theregarding
case of the the Secretary
holding of of multiple
Trade and as
No.Secretary
7: Can the ofPresident
Trade andtake Industry.
activeThe partprovision
in the
positions?under
Industry, (3%)Art. b) theIX, issue
B, Sec. on7.the payment of of Art, VII, Sec,
legislative process? 13, prohibiting
Explain. Cabinet members
additional or double compensation?(2%) Explain SUGGESTED
from holding any ANSWER:
other office or employment, is
(e) The membership
your answers fully. of the President of the Yes, ThetoPresident
subject the exceptions can takein Art.
active IX, B,
partSec.
in the7.
Philippine Chamber of Commerce may also be legislative process to the extent allowed by the
SUGGESTED
upheld on theANSWER: ground that Congress has the Constitution. He can address Congress at any
(a) If I to
power were the judge,
prescribe I would uphold
qualifications for thethe validity
office. b.
timeDean Sinco
to propose the believes
enactmentthat members
of certain laws. of
of the designation of Secretary M as ex officio Congress
He recommends cannotthe begeneral
members of the Board
appropriations bill. of
member of theofMonetary
Suspension Writ of Habeas Board, As Corpus
stated(1997)
in Civil Regents
He can call of the University
a special session of the Philippinesatunder
of Congress any
Liberties
(a) WhenUnion may the v. Executive
privilege of Secretary,
the writ of194 habeas
SCRA the
time. He Incompatibility
can certify to the Clause
necessity of of the 1935
317 (1991),
corpus be suspended?
the prohibition against the holding of Constitution
immediate enactmentwhich is of similar
a bill to to meet
the provision
a public of
(b) If validly
multiple declared,
positions what would
by Cabinet Members be the in full
Article Art. VI, Sec.
calamity 13 of the present
or emergency. He canConstitution.
veto a bill. Under
consequences
VII, Section 13 of such suspension?
the Constitution does not apply this view, the membership of the Chairman of the
SUGGESTED
to positions occupied ANSWER: in an ex officio capacity as Presidential
Senate Immunity
Committee from Suit
on Trade and (1997)
Industry in the
(a) Underby
provided Section
law and 16,asArticle
requiredVII of
bythethe primary No. 13: Upon
Export Control complaint
Board of cannot
the incumbent be sustained.
Constitution,
functions of their the privilege
office. of the writ of habeas PresidentPhilippine
(Sinco, of the Republic, Political"A" Law
was charged
136 (llth withEd.
corpus may be suspended when there is an libel before the Regional Trial Court. "A" moved to
1962).
invasion or rebellion and public safety requires it. dismiss the information on the ground that the
(b) If I were Power;
Pardoning the Judge, I would
Pardon, rule that Secretary
Conditional (1997) Moreover,
Court had no since the apparent
jurisdiction over the justification
offense for the
M cannot
(b) According receive
to Section
any additional
18, Article compensation.
VII of the membership
charged because of the President,
Chairman being of theimmuneSenate
As
Constitution,
No.stated in Civil
16; A while theserving
suspension
Liberties Union
of the
imprisonment v. Executive
privilege
for estafa.of Committee
from suit, should is to alsoaid him in hisfrom
be disqualified legislative
filing a
Secretary,
the
upon writ of habeas
194 SCRA
recommendation corpus317 shall
of the(1991),apply
Board a Cabinet
ofonly to
Pardons functions,
case against this"A"purpose
in court.can easily
Resolve thebe achieved
motion.
Member
persons
and Parole, judicially
holding an
was grantedcharged
ex-officio withposition
pardon rebellion
by thehas orno
President through legislative investigations under Art. VI,
right
offensesto receive
on condition Inherent
thatadditional
to should
he or directly
compensation,
not connected
again violate for
withhis
any SUGGESTED ANSWER:
Sec.21.
services
invasion.
penal lawin Any
ofthatperson
the position
land. arrestedare already
Later, theorBoard
detained
paidof forshould
by
Pardons The motion should be denied according to
the
be
andjudicially
compensation charged
Parole recommended attached
withintothree
tothe
hisPresident
days.
principal office.
the On the us.
Soliven other hand, 167
Makasiar, Dean SCRA Cortes
393, the appears to
Otherwise,
cancellationhe of should
the pardon be released.
granted him Moreover,
because A immunity aof contrary
suggest the President view,from noting suit isthat
personal
after to the
under
had been Section
charged 13. Article
with estafa III of the
on 20 Constitution,
counts and decision in Government
the President. of the Philippine
It may be invoked Islands
by the President
Prohibition
the against
was convicted of the offense chargedeven
right to bail shall not Multiple
be impaired Positions whenby
although he only
v. Springer
and not50 by Phil.
any other
259 (1927),
person. in validating the
Gov’t
the Officials
privilege of (1987)
the writ of habeas
took an appeal therefrom which was still pending. corpus is law designating the Senate President and
No. I: Assume that
suspended.
As recommended, the a law hascanceled
President been passedthe Prohibition
Speaker as AgainstmembersMultipleof the Board Positions &
of Control of
creating the Export Control
pardon he had granted to A. A was thus arrestedBoard composed of: Additional Compensation (2002)
government corporations, no other decision has
1 The Secretary
and imprisoned to serve the balance of hisof Trade and Industry as No
been VI.rendered.
M is the Secretary of the Department
On the contrary, laws have of been
Chairman and as Members:
sentence in the first case. A claimed in his petition Finance. He
enacted, makingis also an ex-officio
members membermembers
of Congress of the
for2 habeasThe Chairman
corpus filed inofcourtthe Senate
that hisCommittee
detention on Monetary
of various Board
boards. of the Bangko Sentral ng Pilipinas
Trade and Industry
was illegal because he had not yet been convicted from which he receives an additional
by3final judgment
An Associate and was Justice of theaSupreme
not given chance to Court compensation for every Board meeting attended.
bedesignated
heard before by the
he was Chief Justice
recommitted to prison. Is Indeed, the membership of the Chairman of the
4 argument
A's The valid?
Commissioner of Customs, and Senate Committee on Trade and Industry may be
5 The President of the Philippine Chamber of N, a taxpayer,
upheld as being filed
in aaid
suitofinhis
court to declare
legislative functions
Commerce and Industry, Secretary
since whatM's membership
is prohibited by in theVI,
Art. Monetary
Sec. 13Board is the
SUGGESTED ANSWER: and his receiptofof additional
acceptance compensation
an incompatible illegalor
office
The argument
National of Constitutional
A is not valid.Association
As held in Torres of the and in violation in
employment of thetheConstitution.
government. N invoked (Cortes,
vs. Gonzales.has
Philippines 152 SCRAfiled suit 272 atojudicial
challenge the Article VII, Presidency,
Philippine Section 13 of pp.the Constitution which
111112(1966))
pronouncement of
constitutionality thatthea law.
convict who was granted a provides that the President, Vice-President, the
pardon subject to the condition that he should not Members of the Cabinet, and their deputies or
Determine
again violate whether
any penal thelaw membership
is not necessaryof each of (c) The designation
assistants shall not, of an Associate
unless otherwise Justice
providedof thein
the
before above
he can in be thedeclared
Board to can
have beviolated
upheld.the Cite Supreme Court cannot
the Constitution, hold any be other
sustained officebeing
or the
relevant
conditionconstitutional
of his pardon.provisions.Moreover, a hearing is imposition
employment onduring
the members of theNCourt,
their tenure. of non-
also cited Article
SUGGESTED
not necessary before ANSWER: A can be recommitted to judicial duties,8contrary
IX-B, Section to the principle
of the Constitution, whichof provides
a. The chairmanship
prison. By accepting the of the Secretarypardon,
conditional of Trade A, separation of powers.
that no elective It is judicial
or appointive public power
officerandor
and
agreed Industry
that the in the Board can be
determination by theupheld on the
President judicial
employee power
shallonly which
receive the Supreme
additional, double,Courtor and
basis
that heofviolated
Art. IX, B, theSec. 7, which
condition allows
of his pardonappointive
shall its members
indirect may exercise.
compensation, unless(Artspecifically
VIII. Sec. 1;
officials
be conclusiveto holdupon otherhim offices
and ifanallowed
order for by his
law Manila
authorizedElectric
by law.Co.Ifv.you
Pasaywere Trans.
the judge,Co., 57how Phil.
(such
arrest as the law
should in thisissue.
at once case creating the Export 600
would (1932))
you decide the following:
Control Board) or justified by the primary
President;
functions of Participation;
their offices. The Legislative
functions Process
of the (d) The Commissioner of Customs may be made
(1996) is related to his functions
Board member of the Board for the same
Central
No. 8; The Bank"ABC inRealty,
the Bank's Inc, exercise
filed a complaint
of its (4) ofCases
plans heard by aand
the government division when
allocate the
and
regulatory
against Rico power
for theover specific of
collection foreign
unpaid exchange required majority
disburse is not
such sums as obtained;
may be provided by law
transactions.
installments on a subdivision lot purchased by the or prescribed by it in the course of the discharge
(5) Cases where a doctrine or principle of law
latter, Rico failed to file an answer, was declared of its functions.
previously laid down will be modified or reversed;
Would
in default; thisandbe aafter
validreception
measure? of Explain.
plaintiffs
SUGGESTED
evidence ex parte, ANSWER: judgment was rendered Function; Continuing Constitutional Convention
Yes,
against thehim.measure is valid.became
The decision In Mantruste Systems,
final, and upon (6)
(2000) Administrative cases against judges when
Inc.
motion vs.byCourt of Appeals,
ABC Realty, the judge179 issued
SCRAa136, writ ofthe the penalty
No I. --OneisSenator
dismissal; and
remarked that the Supreme
Supreme
execution. Court held that a law prohibiting the Court is a continuing Constitutional Convention.
(7) Election contests for President or Vice-
issuance of an injunction is valid, because under Do you agree? Explain. (2%)
President.
Rico now2,files
Section a motion
Article VIII toofquash the writ and tothe
the Constitution, SUGGESTED ANSWER:
vacate the Judgment
jurisdiction of the courts contending
may be definedthat it isbythelaw. I do not agree that the Supreme Court is a
Housing and Land Use Regulatory Board Contempt Constitutional
continuing Powers (1996)Convention. The criticism
ALTERNATIVE
(HLURB) which ANSWER: is vested with original and No.based
is 3: 2) Onon thethe first day of thethat
assumption trialinofexercising
a rape- its
Since
exclusive under Sectionsover
Jurisdiction 1 andcases 5(2), Article the
involving VIII of murderofcase
power where
judicial the victim
review was a popular
the Supreme Court TV Is not
the
real Constitution,
estate business. the Rico
courtspraysare for
given thethe power
dismissal star, over
merely a hundredthe
interpreting of her fans rallied
Constitution butatisthe
trying to
of theJudicial
complaintreview, andthe measure
for the nullity of is the
void, Such
decision. entrance the
remake of theGovernment
courthouse, on eachthe carrying
basisa of the
power
The realty mustfirmbe preserved.
opposes the motion The arguing
issuance thatof placard demanding
personal predilections the conviction
of the Membersof the accused of the
restraining
under BP 129, ordersRTCs andhaveInjunctions
exclusive is and
in aid of the
original and the imposition
Supreme Court, this of the is death penalty
a power thaton properly
him.
power
jurisdictionof judicial review.in which the amount of
over cases The rally was
belongs to peaceful
the people and didand not disturb
their the elected
controversy exceeds P20,000.00. Answer the proceedings of the case. a) Can the trial court
representatives.
Judicial
following & Bar Council
queries: 1) Who(1988)has jurisdiction over the order the dispersal of the rallyists under pain of
No. 11: A novel
collection suit? 2) feature
The RTC of the presenthaving
decision, Constitution The
beingSupreme
punishedCourt cannot decide
for contempt of court,cases
if theymerely
fail to
is the Judicial
become final andandexecutory,
Bar Council. canPlease
it still bestate: on the basis
do so? Explain. of the
b) letter of the
If instead of Constitution.
a rally, the fans It has
of
vacated? to
theinterpret
victim wrote the letters
Constitution
to the to give effect
newspaper to the
editors
SUGGESTED
1. Its principal function;
ANSWER: intent
demanding of its the
framers and ofofthe
conviction thepeople
accused, adopting
can the it.
1} Its
2. Thecomposition;
HLURB 2) Yes, and the decision of the In Interpreting the Constitution,
trial court punish them for contempt? Explain. the Supreme
3. Who supervises
Regional Trial Courtit,can andstill
takes care of itseven if
be vacated, Court has to adopt it to the ever-changing
appropriations?
it has become final and executory. Since the circumstances of society. When the Supreme
SUGGESTED
Regional Trial Court ANSWER: had no jurisdiction over the SUGGESTED
Court strikes down ANSWER: an act of the Legislative or the
1.
case,Thethe Judicial
decisionandisBar Council has the principal
void. 2. a) Yes, the
Executive Department, trial court itcan order the
is merely dispersal of
discharging its
function of recommending appointees to the the rally under pain of being
duty under the Constitution to determine cited for contempt.
Judiciary. It may exercise such other functions The purpose
conflicting of the
claims ofrally is to attempt to influence
authority.
Fiscal
and
ARTICLE Autonomy
duties as the (1999)
VIIISupremeJudicial Court may assign to the administration of Justice. As stated in People
No(Art.
it. XI - VIII,
Whatsec. do 8(5)).
you understand by the mandate vs. Flores, 239 SCRA
ALTERNATIVE ANSWER: 83, any conduct by any
Department
of the Constitution that the judiciary shall enjoy To
partya which
certain tends extent, the Supreme
to directly or indirectlyCourt Impede, is a
2. Theautonomy?
fiscal JBC is composed Cite theofconstitutional
the Chief Justice as
provisions continuing
obstruct or degrade Constitutional Convention.
the administration When isa
of justice
Cases
ex
calculated to be
officio Chairman,Heard
to bring about En Banc;
the Secretary Supreme
the realizationof Justice Court
of theand
said case
subject is to
brought
the contemptin courtpowersinvolving a constitutional
of the court.
(1999)
a representative
constitutional of the Congress
mandate. (2%) as ex officio issue. It becomes necessary to interpret the
No XI - Enumerate
Members, a representative the cases
of the required
IntegratedbyBar, the Constitution, Since the Supreme Court is supreme
Constitution
SUGGESTED
a professor of law,to be heard
ANSWER: en banc
a retired Member of theby the Supreme b) No, the
within its trial
owncourt cannot
sphere, itspunish for contempt
interpretation of the
Court?
Under Section
Supreme (2%)Court,3,and Article
a representative
VIII of the Constitution,
of the the fans of the
Constitution willvictim
form who part of wrote
the letters
law of the to the
land.
SUGGESTED
the fiscal
private sector. ANSWER:
autonomy
(Art. VIII,
of the sec.
Judiciary
8(1)). means that newspaper editors asking for the conviction of the
The following for
appropriations arethethe cases may
Judiciary required
not beby the accused. Since the letters were not addressed to
Constitution
reduced by theto be heard enbelow
legislature bancthe by amount
the Supreme Issuance
the Judge of and Restraining
the publication Orders
of theand Injunctions
letters
Court:
appropriated for the previous year and, after occurred outside the court, the fans cannot be
(1992)
approval,
(1) shall involving
Cases be automatically and regularly
the constitutionality of a No. 7: Congress
punished in the absence is considering
of a clearnew andmeasures
present to
released.
treaty, international or executive agreement, or law; encourage
danger to theforeign administrationcorporations
of Justice.to In bring their
investments
Cabansag vs. to the Philippines.
Fernandez, 102 Phil 152, Congress
it was has
In Bengzon v. Drilon, 208 SCRA 133, the Supreme found
held that thata foreign
party who investments
wrote to the arePresidential
deterred by the
(2)
Court Cases which
explained underautonomy
that fiscal the Rulescontemplates
of Court uncertain
Complaintsinvestment climate in to
and Action Committee thecomplain
Philippines.
are
a required of
guarantee to full
be heard en to
flexibility banc.
allocate and utilize One
aboutsource
the delay of such
in theuncertainty
disposition is of the heightened
his case
resources
(3) with involving
Cases the wisdom theand dispatch that the
constitutionality, judicial
could not intervention
be punished in investment
for contempt matters.
in the
needs require. It recognizes the
application, or operation of presidential power and
decrees, absence of a clear and present danger to the fair
authority to deny, assess and collect
proclamations, orders, instructions, ordinances,fees, fix rates
and administration of Justice.
of compensation One such measure provides that "no court or
other regulations;not exceeding the highest rates
authorized by law for compensation and pay Finality of Void
administrative agency
Judgmentsshall issue(1993)any restraining
order or injunction against the
(6) The Supreme Court has administrative 1
Senator The
de LeonSecretary of Justice
took the floor ofas theexSenate
officio to
Judicial
supervisionPower
over(1998)
all lower courts and their member;
speak on a "matter of personal privilege" to
personnel.
IV. Andres Ang was born of a Chinese father and a 2
vindicate A his
representative
honor against of Congress as ex officio
those "baseless and
Filipino mother in Sorsogon, Sorsogon. on January member; allegations. The matter was referred to
malicious"
(7) The Supreme Court has exclusive power
20, 1973. In 1988. his father was naturalizedas a 3 Committee
the A representative of the Integrated
on Accountability of Public Bar;
to discipline Judges of lower courts.
Filipino citizen. On May 11,1998. Andres Ang was 4
Officers, Awhich
professor of law; to conduct a legislative
proceeded
elected Representative of the First District of 5
inquiry. A retired
The CommitteeJusticeasked
of the Mr.
Supreme Court;
Vince Ledesma,
(8)
Sorsogon.TheJuan
Members
Bonto of the
whoJudiciary
receivedhavethe second and
a businessman linked to the transaction and now
security of
highest tenure,ofwhich
number cannot
votes, filed be undermined
a petition for Quo 6 respondent
a A representative of the private sector.
before the Sandiganbayan, to
by a law reorganizing
Warranto against Ang. theThe
Judiciary.
petition was filed with (Sectionand
appear 8 (1), Article before
to testify VIII of the Constitution)
Committee.
the House of Representative Electoral Tribunal The term of office of the regular members is four
(HRET). Bonto contends that Ang is notbea natural (4) years. (Section 8(2), Article VIII of the
(9) Members of the Judiciary cannot
born citizen of the Philippines and therefore is Mr Ledesma refuses to appear and file suit before
Constitution)
designated to any agency performing quasi-
disqualified to be a member of the House. the Supreme Court to challenge the legality of the
Judicial or administrative functions.
Judicial Department;
proceedings before theWrit of Amparo
Committee. (1991)
He also asks
No 1: What
whether is a Constitutional
the Committee had the powerwrit ofto Amparo
require
(10) The salaries of Members of the Judiciary and to
him what is the
testify. basisthe
Identify forissues
such Involved
a remedyand under
cannot
The be decreased
HRET duringoftheir
ruled in favor Ang.continuance
Bonto filedina the Constitution?
resolve them.
office. for certiorari in the Supreme Court. The
petition SUGGESTED ANSWER:
following issues are raised: SUGGESTED
The writ of ANSWER: Amparo in Mexican law is an
(11) The Judiciary has fiscal autonomy.
1 Whether the case is justiciable considering thatThe issues involved
extraordinary remedyinwhereby
this casean areinterested
the following:
party
(12) VI.
Article The Supreme
Section 17 ofCourt has exclusive
the Constitution power the may seek the invalidation of any executive,
declares
to promulgate
HRET to be therules
"soleofJudge"
pleading, practice
of all contestsandrelating to 1
the
legislative Whether
or judicialor notactthedeemed
Supreme in Court
violationhasof a
procedure.
election returns and disqualifications of members of thejurisdiction
fundamentaltoright. entertainThe the case; of such a remedy
adoption
House of Representatives. [5%] 2 Whether or may
in the Philippines not thebeCommittee
based on on Article VIII,
(13) Only the Supreme Court can temporarily
2 Whether Ang is a natural bom citizen of Accountability
Sec. 5(5) of the ofConstitution,
Public Officers has empowers
which the power to the
assign judges to other stations.
investigate
Supreme Court a matter to which is involved
promulgate rulesinconcerning
a case
pending
the protectionin court; andandenforcement of constitutional
(14) It is the Supreme Court who appoints all 3
rights. Whether or not the petitioner can invoke
officials and employees of the Judiciary. (Cruz, his right against self-incrimination.
Philippine Political Law, 1995 ed. (pp. 229-31.) Judicial Independence; Safeguard (2000)
All
No these Issues were
I. Name at resolved
least three in the constitutional
case of
safeguards
Bengzon vs. toSenatemaintain
Blue Ribbon
judicial Committee,
independence.
203
(3%)SCRA 767.
Judicial Power (1989) SUGGESTED ANSWER:
No. 10: Where is judicial power vested? What The Supreme
following Court are the hasconstitutional
jurisdiction over the
safeguards
are included in such power? to maintain
case, because judicial
it involves
independence:
the question of whether
SUGGESTED ANSWER: or not the Committee on Accountability of Public
(1) The Supreme Court is a constitutional
According to Section 1, Article VIII of the 1987 Officers has the power to conduct the
body and cannot be abolished by mere
Constitution, judicial power is vested in one investigation. Under Section 1, Article VIII of the
legislation.
Supreme Court and in such lower courts as may Constitution, judicial power includes the duty of
be established by law. It includes the duty of the (2) courts
the Thetomembers
determineofwhetherthe Supremeor not Court
any branch
courts of justice to settle actual controversies cannot
of be removedisexcept
the government acting by impeachment.
with grave of abuse of
involving rights which are legally demandable and discretion amounting to lack of jurisdiction. The
enforceable, and to determine whether or not Committee
(3) Theon Accountability
Supreme of Public
Court cannot be Officers
deprived
3, The has
there Supreme
been Court
a gravesupervises
abuse the of JBC and
discretion has no power to investigate the scandal. Since
of its minimum jurisdiction prescribed in Section
provides intothe
amounting annual
lack budget
or excess of of the Courtonthe
jurisdiction the the scandal is involved in a case pending in court,
5, Article X of the Constitution.
appropriations
part of the JBC.
of any branch or (Art. VIII, sec. 8(4)).
instrumentality of the the investigation will encroach upon the exclusive
Government. (4)
domain The
of the appellate
court. Tojurisdiction of the Supreme
allow the investigation will
Judicial & Bar Council (1999) Court cannot
create be increased
the possibility by law without
of conflicting judgments its
Judicial
No XI - WhatPoweris(1992)
the composition of the Judicial advice and
between theconcurrence.
committee and the court. If the
No.
and 8:Bar
A case was and
Council filed the
before
termtheofSandiganbayan
office of its decision of the committee were reached before
(5) Appointees to the Judiciary are nominated
regarding a questionable
regular members? (2%) government transaction. that of the court, it might influence the judgment
by the Judicial and Bar Council and are not subject
In the courseANSWER:
SUGGESTED of the proceedings, newspapers of
to the court.
confirmation by the Commission on
linked the name
The Judicial and Barof Council
SenatorisJ.composed
de Leon oftothe the
Appointments.
scandal.
following:
1. The Chief Justice as ex officio chairman; The petitioner can invoke his right against self-
incrimination, ...
motion arguing
Judicial Review; thatLocus
underStandi
BP 129, (1992)
RTCs have the power plant,
amounting to lackbecause
or excess no of
public
jurisdiction
funds will on be the
No.
exclusive
6: andTheoriginal
Philippine
jurisdictionEnvironmentalists'
over cases in part offor
spent any itsbranch
operation.or instrumentality
As held in Gonzalesof the vs.
Organization
which the amount
for Nature,
of controversy
a duly exceeds
recognized non- Government.
Marcos, 65 SCRA As held 624, in aMarcos
taxpayer us.has
Manglapus,
no
P20,000.00.
governmentalAnswer the following
organization, queries:
intends to file suit to 177 SCRA
standing to 668.
file athis
case provision
if no expenditure
limits resort of to
public
the
(1) Whothe
enjoin hasPhilippine
jurisdiction over the collection
Government suit?
from allocating political
funds is question
involved.doctrine and broadens the scope
funds to operate a power plant at Mount Tuba In a of juridical inquiry into areas which the courts
(2) The RTC
southern decision,
island. Theyhavingclaim become
that therefinal was
and no Since
under the no 1935 member and the or 1973
officer of the Philippine
Constitutions would
executory,
consultationcan itwith
still bethe
vacated?
Indigenous cultural normally have left toOrganization
Environmentalists' the political departments
belongs to tothe
community which will be displaced from ancestral decide. indigenous community, none of the rights
affected
lands essential to their livelihood and ALTERNATIVE
of the PhilippineANSWER: Environmentalists' Organization
indispensable to their religious practices. Under
and of the 1935 and
its officers and 1973 members Constitutions,
are affected. there In
was no provision
accordance with the defining
ruling the scope of
in National judicial
Economic
1 The organization is based in Makati. All its power as vested
Protectionism in the vs.
Association judiciary.
Ongpin, While
171 SCRA these
officers live and work in Makati. Not one of its officers657, Constitutions,
the organization both provided has noforstanding
vesture of to judicial
file the
or members belong to the affected indigenous cultural case. power "in one Supreme Court and in such inferior
community. Do they have the standing in this dispute?courts as may be established by law," they were
Explain. Judicial
silent as to Review;
the scope Requisites
of such power.(1994)
2 Would your answer be different if the PhilippineNo. 2: 2) Assume that the constitutional question
Power Corporation, a private company, were to operateraised in a petition before the Supreme Court is
the plant? Explain. The Iis
the 1987motaConstitution,
of the case,ongive theatother
least hand,
two other re-
wrote the provisions
requirements before the on the Court vesture of judicial
will exercise its
SUGGESTED ANSWER: power of originally
judicial appearing
review? in the 1935 and 1973
a) Under Section 5, Article XII of the Constitution, SUGGESTED
Constitutions, as ANSWER:
follows:
the State should protect the rights of cultural 2) "The
According
judicialtopower Macasianoshall bevs. vested
National
in one Housing
Indigenous communities to their ancestral lands to Supreme224
Authority, Court and in236,
SCRA such in lower courts as
addition to the
ensure their well-being. Under Section 17, Article may be established
requirement by law.
that the constitutional question raised
XIV of the Constitution, the State should protect be the lis mota of the case, the following
the rights of indigenous cultural communities to "Judicialmust
requisites power beincludes
present the dutyexercise
for the of the courtsof the
the Philippines.
preserve |5%] How
and develop thisshould
cultures, thistraditions,
case be and of of
power justice
judicialtoreview: settle actual controversies
decided?
institutionsSUGGESTED
and should consider ANSWER: these rights in the Involving rights which are legally demandable
1 There must be an actual case or
formulation of national plans and policies. The and enforceable, and to determine whether or
controversy involving a conflict of legal rights
1. The case
government is justiciable.
violated As stated Inbecause
these provisions, Lazatin it not there has been a grave abuse of discretion
susceptible of Judicial determination;
vs. House Electoral Tribunal
decided to operate the power plant without168 SCRA 391, 404, amounting to lack or excess of Jurisdiction on
2 The constitutional question must be raised
since judicial
consulting thepower includes
indigenous the duty
cultural to
community and the part of any branch or instrumentality of the
by the proper party; and
determine
the operation whether
of the or power
not there haswill
plant been a grave
result in its Government." (Sec. 1. Art. VIII)
3 The constitutional question must be raised
abuse of discretion
displacement. amounting to lack or excess
at the earliest opportunity.
of jurisdiction on the part of any branch or
instrumentality of the Government, the Supreme The second paragraph of the cited provision was
Court has the power to review the decisions of not found in the 1935 and 1973 Constitution, it
If
thethe projected
House lawsuit will beElectoral
of Representatives based onTribunal violation Jurisdiction
contains a of newHLURB (1993) of judicial power
definition
in case
of the of grave
rights Abuse of the of discretion
indigenous on its part.
cultural No. 8; The the
particularly ABCscope Realty, Inc, filed
thereof. The a firstcomplaint
portion
communities, the Philippine Environmentalists against Rico for the
thereof represents the collection
traditional of conceptunpaidof
2. Andres Ang will
Organization should havebe considered
no standinga natural to file the installments
Judicial power, on a subdivision
involving lot thepurchased
settlement by theof
born citizen
case. None of the Philippines.
its officers ....
and members belong to latter, Ricorights
conflicting failedas to by
filelaw,
an answer, was declared
which presumably was
the indigenous cultural community. None of their in default;
implicit in theand 1935afterand 1973 reception of plaintiffs
Constitutions. The
Judicial
rights arePower;
affected. Scope (1994) evidence
second (latter) ex portion
parte, ofjudgment
the definitionwasrepresents
rendereda
No. 2: 1} What is the difference, if any. between against
broadening him.ofThe thedecision
scope ofbecame judicial final,
powerand or, upon
in the
If
thethescope
lawsuitofwill seek topower
Judicial enjoinunder
the use theof 1987
public motion
language by of ABC theRealty,
Supreme the judge
Court,issued a writ ofof
conferment
funds to operate
Constitution on one the hand,
power and plant,the the1935Philippine
and execution.
"expanded Jurisdiction" on the Judiciary (Daza v.
Environmentalists'
1973 Constitutions onOrganization
the other? can file a Singson, 180 SCRA 496) to enable the courts to
SUGGESTED
taxpayer's suit.ANSWER:
As held in Maceda us. Macaraig, Rico
reviewnow thefiles a motion
exercise of todiscretion
quash thebywrit theand to
political
The scope
197 SCRAof 771, judiciala power
taxpayer underhas the standing
1987 to vacate the Judgment
departments contending
of government. Thisthat
new it is the
prerogative
Constitution
question the is broader
illegal than its scope
expenditure of public under the
funds. Housing and Land
of the judiciary Use Regulatory
as now recognized Board under the 1987
1935 and 1973 Constitution because of the (HLURB)
Constitution which was is vested with original and
not constitutionally permissible
second paragraph of Section 1, Article VIII of the exclusive
under the Jurisdiction
1935 and 1973 overCharters.
cases involving the
b)
1987TheConstitution,
Philippine Environmentalists
which states that Organization
it includes real estate business. Rico prays for the dismissal
will haveto
the duty nodetermine
standing to file theorcase
whether not ifthere
it is ahas of the complaint and for the nullity of the decision.
private
been a company
grave abuse thatofwill operate
discretion The realty firm opposes the
Supervision;
SUGGESTED
ten billion Courts
ANSWER: U.S.& its dollars
Personnel in (Q5- aids and within
The
No. 11: three
Howmonths
assault may of the a (Art.
fellow X, Sec.
following be11).
Senator removedInconstitutes
Marcelinofrom
Section
2005) concessional
1, Articleloans; VIII and of the Constitution has vs.
1. No,
Cruz,
disorderly
office: theSenators
1) 121
court SCRA
behavior. cannot& 51 take
(1983)
Congressmen cognizance
it was2)held ofthat
Judges the of the
(2)
(3) Pedro
expanded Masipag
An undertakingthe scope filed
to with
helpthe
of judicial Ombudsman
persuade
power byAmerican
including a periods
case.
lower As prescribed
courtsheld3)inOfficers Joya arevs. only
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directory,
employees not
Commission
in the
complaint
banks
the duty ofagainst
to condone the courts RTC
interests Judge and
of Justice Jose othertoPalacpac
charges
settle with
actual on mandatory.
Political
on
CivilGood
Service Government,
Question;225 SCRA To 569,
Settle sinceActual the
violation
controversies
the country's of Article 204 of rights
out-standing
involving the Revised
loans. whichPenal are legally Code Controversies
petitioners were(2004) not the legal owners of paintings
for knowingly and
demandable rendering enforceable, an unjustand judgment to determine in Political
SUGGESTED
(a)
and The Question
antique 1935, ANSWER:
silverware, 1973(1995) they
and had 1987 no standing
Constitutions to
Criminal
whether Case or notNo. there 617. has Judge beenPalacpac a grave filed abuse a of No.
1) As 13:toJudicial
commonly
question Sen
their & Cong,
provide power
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Besides, section in 16(3),
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the Sec.
paintings
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be
motion
In return,
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Ombudsman
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to allow
or theexcess American
complaint of par.,
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the Constitution,
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Art.inantique
VIII,
one1987 silverware
... 2)
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SUGGESTED
to
nuclear
the Supreme
jurisdiction vessels onANSWER:
Court
tothestay topart
determine
for shortof any visits
whether at Subic,
branch an or duty
important
the Constitution,
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may Courts
beJudgesproperties
of of
established Justice
lower
orbynational
courts
to settle
law." cultural
mayactual be
1}
andAs in held
case in
administrative
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of aspect
vital
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militaryDevelopers
involved
Government. need, toin andInthe
store Investors
Marcos said
nuclear case.
vs. treasures,
controversies
removed by asdismissal
they hadby
involving norightsexceptional
the Supremewhich historical
by
area vote legally
Corporation
The
weapons Ombudsman
Manglapus, atvs. Subic
177 Courtdenied
SCRA and of Appeals,
the
at motion
668, the 213
Clark onSCRA
Field.
Supreme the A ground
353,
vital
Court What
and is thesignificance
of a cultural
demandable
majority ofeffect
and of the
the enforceable,
Members to the addition
who in
Philippines.
and to the
actually determine
took 1987
pursuant
that
stated no that
military administrative
to because
need Presidential
comes, of case
underthisDecree
against
the
courts No.
Judge
agreement, 1344,
of justice Palacpacitmay
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whether of there
part in theordeliberation
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has
on the been provision:
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abuse
case of
relative
the sealanes
decide to the from
Housing
political decision
and
questions Land
the in Criminal
ifUse
Persian there Gulf Case
Regulatory
was tograve
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Board
abuse 2. According
power
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and votedincludes to Joya
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amountingthe 3) us.
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tothe
to Civ
lack courts ofCommission
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justiceArt.
Empl, toof
was
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are discretion
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pending
by hostile
amounting in his tooffice.
over
military lackthe State
forces. orclaim withof a
excess of on Good
settle actual
jurisdiction
IX-B. Sec. Government,
2(3) controversies
on 225
part SCRA
of the Constitution, involving
of any ... rightsbranch whichor
reasons
developer
jurisdiction whether
on thethe
against part Ombudsman's
a buyer of the for official
the payment ruling
whose isof the
action are legally demandable
instrumentality of the Government. and enforceable, "This definitionand to
correct.
is being (4%)
balance of the purchase price of a lot. The
questioned. determine
is said towhether have expanded or not therethehaspower been grave of the
The Nuclear
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the Regional Philippine Trial Coalition
Court over comes cases to abuse
judiciary of discretion
to includeamounting political questions to lack or excess formerly
youwhich
in for advice the on amount how they could legallyexceeds
of controversy prevent Review
of Executive
jurisdiction
beyond its on Acts
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Political
the sameQuestion:
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inentered
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(2004)
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Manila,
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guilty
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absent
SUGGESTED
(b)
into SDOeffect.was
jurisdiction What
of ANSWER:
elected
any otherCongressman.
would you advise
court, tribunal, them Before
person to do? the
or constitutional
SUGGESTED
without officialdefinition ANSWER:
leave forof 90judicial
days and power that would
considered
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by paragraph
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injuries
functions, 6,
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a colleague, Constitution,
in the course it is the of a reverse
Article
appealed the
VIIIto exercise
of the
the President of discretion
1987 Constitution
for by theclemency.
executive ispolitical
to limit
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heated Court Charges
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void....
the House overtoall the
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judicial inquiry
the penalty into areas to a
ratification
personnel.
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Prescinding
House of in from Art.this VII,premise,
Representatives, sec. 21.the It may
dividing Commissions?
which
suspension the of six Discuss
Judiciary,
months. fully, under
a) Can the theSupreme previous
Mandatory
not, therefore,
Ombudsman
along party lines,Periodbevoted
cannot For
opposed Deciding
determine
to in that
expel for Cases
him. branch
itself and
Claiming (1989)ofbythethat (2) In your
Constitutions,
Court review opinion,
thewould howhave should leftsuch to definition
the political be
No.
itself
his 10:
government.
whether(2) Despite
expulsion Nor
a criminal
was the
is judicial lapse
railroaded review
complaint of and4 months
feasible
against tainted aatfrom thisby construed so as
departments to not decide.to erode If a considerably
political question or is
the
stage
judge, timebecause
or that
court the
there
employee, trialis was
no
bribery, he filed a petition seeking a declaration by terminated
justiciable
involves an and
controversy. the disregard
correctness entirely of the
the existing
action
involved, the Judiciary can determine whether or of"political
the question"
President in
case
While submitted
Art. VIII,
administrative
the Supreme Court for that
sec.
matter. decision,
1,The par. 2the
theOmbudsman
House trial
states gravelycourt
that is duty failed
judicial
abused doctrine?
not commuting Discuss
the official the
whose fully.
penalty action imposedis being on questioned
X?
to decide
power
bound
its to
discretion the
includes
have and case.
allthe cases The
duty
violated defense
againstofthe court counsel
judges of and
Constitution. moved
justice court to
He Explain.
acted with grave abuse of discretion amounting to
to dismiss
"determine
personnel
prayed the
thatfiledhis case
whetherbefore
expulsion onit,
or the
not ground
there
referred
be has
annulledto the that
been after
Supreme
and athat
gravethehe SUGGESTED
b)
lack orWas the
excess ANSWER:
action of ofjurisdiction
the President(Marcos v.
lapse
abuseof
Court
should of
for
be 90 days, the
discretion
determination
restored by court
amounting
as to
the hadwhether
Speaker lostlack
to jurisdiction
to an or position
his excess to 1.
constitutional
Yes, the second
and
Manglapus, 177 SCRA 668 [1989]); valid?
paragraph
Explain. of Section(Daza 1, v.
decide the case.
of jurisdiction
administrative
as Congressman. on
aspectShould the
Is the
isSDO'spartmotion
involved of any be granted?
therein.
petition branch(Judgethe
before or SUGGESTED
Article VIII ANSWER:
of the 1987
Singson, 180 SCRA 496 [1989]). Thus, although Constitution has
instrumentality
Jose
Supreme Caoibes Court v.ofOmbudsman,
the government,"
justiciable? CiteG.R.pertinentit is 132177,
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issues 1. a)expanded
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SUGGESTED
thisconsideration.
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for provision
19, 2001) does ANSWER: not do away with the political
(5%) correctness
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of thejurisdiction
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was not
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found
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No, the motion
question Suit; should
doctrine. Locus ItnotStandi
wasbe granted. (1995)Section
inserted in the 15 in the 1935
commuting
contests and the
the penalty
involving 1973 Constitution,
imposed
members ofon the
X. ByHouse doing of
(4),
No. Article
12: When
Constitution VIIItothe
of the
preventMarcos1987 courtsadministration
Constitution
from making provides:
was use of Precisely,
so, the Supreme
Representatives, theCourt framers is not
the Supreme of the 1987 constitution
deciding
Court anullified
politicalthe
SUGGESTED
toppled
the doctrine by the ANSWER:
revolutionary
to avoid what government, otherwise the are intended
question.
removal ofThe onetoSupreme
widen the
of its members scope
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is for
not reviewing
voting review.
in favorthe
While
"Despite
Marcoses
justiciable under the
left Section
expiration
behind
controversies, 1, of
several Article
the Old
albeit applicable
VIII
Masters' of the 1987
involving the 2.
wisdom
of theAs pointed
protestant, out in
of the commutation who Marcos ofvs.
belonged theManglapus,
penalty.
to a differentWhat 177it
mandatory
Constitution
paintings
Executive and period,
the
antique
Branch ofthe
Supreme thecourt,
silverware without
Court
government said to prejudice
may haveinquire
during the SCRA
is deciding
party. (Bondoc 668, v.soPineda,
is whether as not or not to
201 disregard
theSCRA President entirely
792 hasthe
[1991]).
to such
whether
been
martial acquired
lawresponsibility
or notby the
period. them On asthe
decision may
personal have
otherto expel been SDO
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hand, at thisis politicaltoquestion
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the penalty the extent
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incurred
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stage, nowith in grave
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justiciable abuse made
controversy thereof,
of discretion
with can shall
Ellen decideofto
be amounting
Layne
framed judicial
in Daza vs. review
Singson. when 180political
SCRA 496, questionsit is within are
to or
London
justifyresolve
lack orforexcess
judicial thereview,
their case
disposition orI matter
of jurisdiction, would,andsubmitted
the
sale petition
therefore, at public should
advice Political
involved
the scope Questions
of should
Judicialbe (1988)
limited
power to topass a determination
upon the
be thereto
dismissed.
auction.
the Nuclear for Free
Later, determination,
In Alejandrino
the government
Philippine without
v.entered
CoalitionQuezonfurthertointo (46
resorta Phil. to No. of23:
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the Supreme
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London
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auction off to thereinstate
subject art a Senator
pieces. who be good
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jurisdiction on the President
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assaulted
Upon the another
failureof the of the
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suspended for b) The
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the
the PresidentAmericans of the
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disorderly
artists, Vice
within Cases
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behavior,
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days did
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of discretionfor another bynot
is thefive Supreme
shown, (5) the yearsCourt
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Philippines and does
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filed a ifpetition
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department
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to enjoin to take Court
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at their military Section
not substitute their
bases 6.inArticle
judgment the forVIII of of
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that thethe in
ALTERNATIVE
Justice andconcurs
particular
sale action.
disposition ANSWER:
in aInof decision
Osmeña
the valued prov.hac vice?
Pendatun
items asserting(2%) (109 Constitution
consideration vests
official concerned of: the and Supreme decideCourt a matter with which the
The their
Phil.
that 1973 Constitution
863 cultural
[1960]),significanceit was provided held must for
thatcertain
bethe Supreme
preserved powerby of its administrative
nature or by law supervision
is for the latter over all alone to
consequences
SUGGESTED
Court
for thecouldbenefit notANSWER:
ofon theFilipino
interfere
the decisions
with the
people. of suspension
courts in case of a (1) Adecide.
courts yearly
and their rental of one billion
personnel. In GarciaU.S. dollars,
vs. De la
(1)
of
When Can
the
Congressman athe
failure
decisionoffor
the court
isSupreme
pro
disorderly take cognizance
hacbehavior,
Court
vice, and it means other
because of thethe the payable
Pena, 229 to SCRA
the Philippine 766, it was governmentheld thatinnoadvance; other
case?
inferior
ruling will
House Explain.
collegiate
of apply tocourts
Representatives this particular
to decideis the case
cases only.
judge within
of what (2) An undertaking
Political
branch ofQuestion
the Government on the part
Doctrine may ofintrude
(1997) the American into this
(2) What are
prescribed
constitutes the requisites
periods.
disorderly But it did
behavior. fornot a taxpayer's
provide forsuit government
No. 5; Topower
exclusive to implement
what ofextent,
the Supreme ifimmediately
at all, hasthe
Court. themini- 1987
to
Removal
prosper?
consequences of Lower on the Courtdecisions Judges (1993)
of trial courts as Marshall
Constitution plan for the country
affected the involving "political question
SUGGESTED
a result of theirANSWER: failure to decide cases doctrine"?
which ruled
Votes required
that the amounts
for declaring
due are the a law 1 The rule prohibiting the appointment to
unconstitutional
personal liabilities (1996)
of the former Governor who certain government
ARTICLE IX Civil positions, of the spouse and
Service
No. 7: Canthe
dismissed fiveemployees
members in ofbad
the faith.
SupremeThus,Court
ADS relatives of the President within the fourth degree
declare to
refused a municipal
pay. The finalordinance
CSC decision,
unconstitutional?
however, Commission
of consanguinity or affinity. [2%]
did not find the former Governor in bad faith. The
Explain. 2 The rule making it incompatible for
SUGGESTED
former Governor ANSWER:
was likewise not heard on the Career Service;
members of Congress Characteristics
to hold offices (1999)
or
Yes. five Members
question of the Supreme Court sitting en-
of his liability. No IX - What
employment characterizes
in the government. the[2%]
career service
banc can declare a municipal ordinance and what
3 Theare ruleincluded
prohibiting in members
the career service?
of the
Is ADS' refusal justified?
unconstitutional. Under Section Can COA 4(2). disallow theof
Article VIII (2%)
Constitutional Commissions, during their tenure,
payment of backwages
the Constitution, by ADSordinance
a municipal to the dismissed
can be SUGGESTED
to be financiallyANSWER:interested in any contract with or
employees due under awith
declared unconstitutional final
the CSC decision?
concurrence of a According
any franchiseto Section 7, Chapter
or privilege granted2,byTitletheI, Book V
Decide
majorityandof thereason
Membersbriefly.of(5%)
the Supreme Court who of the Administrative
government, [2%] Code of 1987, the career
actually took part in the deliberation on the issues service The
4 is characterized
rule providing byfor post audit by the
SUGGESTED
in the case ANSWER: and voted thereon. If only eight (1) Entrance
COA of certain based on meritagencies.
government and fitness to be
[2%]
A. The refusal
Members of ADS isCourt
of the Supreme not actually
justified,took
andpart
the determined
568. for
5 Theaas farrequiring
as practicable
taxpayer's
rule suit toby prosper,
Congress competitive
to providefour for
Commission
in deciding the on case,
Audit there
cannotwill disallow
still be the payment
a quorum. examination
requisites
the mustor based
standardization on highly technical
be considered:
of compensation of
of
Fivebackwages
Members by willADS to the a
constitute dismissed
majority employee.
of those qualifications;
(1) the question
government mustand
officials be raised
employees.by the[2%]proper
The
who Commission
actually took on partAudit cannot the
in deciding make a ruling that
case. (2) opportunity for advancement to higher career
party;
it is the former governor who should be personally positions;
(2) there mustand be an actual controversy;
liable, since the former governor was not given the (3) security
the questionof tenure.
must be raised at the earliest
opportunity to be heard. In addition, the Commission possible opportunity; and
on Audit cannot The
(4) thecareer service
decision includes:
on the constitutional or legal
ARTICLE IXset aside a final decision of the Civil
Constitutional (1) OPENmust be CAREER POSITIONS for
Service Commission. The payment of backwages to question necessary to the determination
Commissions Rotational employee is not an
illegally dismissed government appointment
of the case. to which prior qualifications in an
Scheme (1999)
irregular, unnecessary, excessive, extravagant or appropriate examination is required;
No XIII - What are
unconscionable the requisites
expenditure. (Uy v.forCommission
the effectiveon (2) CLOSED
In order that CAREER
a taxpayer POSITIONS
may havewhich standingare to
operation of the so-called
Audit, 328 SCRA 607 [2000]). "Rotational Scheme" for scientific
challengeorthe highly technical
legality of an in nature;
official act of the
Constitutional Commissions? (2%) (3) Positions inthe
government, the CAREER
act beingEXECUTIVEquestioned must
SERVICE;
involve a disbursement of public funds upon the
SUGGESTED ANSWER: (4) Career
theory that officers other thanofthose
the expenditure publicinfundsthe career
for an
As held inofRepublic
Function v. Imperial, 96 Phil. 770, for
CSC (1994) executive service, who are appointed
unconstitutional act is a misapplication of such by the
the effective operation
No. 15 - 2) Can the Civil of theService
rotational scheme of
Commission President;
funds, which may be enjoined at the instance of a
the Constitutional Commission,
revoke an appointment by the appointing thepower
first (5) Commissioned officers and enlisted men of
taxpayer.
Commissioner should start on a common
and direct the appointment of an individual of its date the Armed Forces;
and any vacancy before the expiration of the term
choice? (6)
Term Personnel
of Office;ofJustices
government (1996) -owned or
should
SUGGESTEDbe filledANSWER:
only for the unexpired balance of controlled
No. 9: A, an associate justice performing
corporations, whether of the Supreme
the term.
According to the ruling in Medalla vs. Sto. Tomas, governmental
Court reachedor the proprietary
age of functions,
seventy on whoJulydo not1,
208 SCRA 351, the Civil Service Commission fall under the non-career
1996. There was a case calendared forservice; and
Constitutional
cannot dictate to Commissions
the appointing& power
Council (Q7-to
whom deliberation on that day where the vote of A was
2006)
appoint. Its function is limited to determining (7) Permanent
crucial. Can Alaborers,hold over whether the skilled,
position and
2.
whetherThe legislature
or not may abolish
the appointee meetsthis
the body: (5%)
minimum semiskilled, or unskilled.
participate in the deliberation of the case on July
.1 Commission on Appointments
qualification requirements prescribed for the 1, 1996? Explain.
position..2 Otherwise,
Ombudsman it would be encroaching Civil Service Commission
SUGGESTED ANSWER: vs. COA (2004)
.3
upon the discretionJudicial
of theand Bar Council
appointing power. (9-a) Former
No. A cannot hold Governor
over his PPposition
of ADS as Province
Associate had
.4 Court of Tax Appeals dismissed
Justice of the several
Supremeemployees
Court to andscale down the
participate in
.5 Commission on Audit operations
the deliberations of his of theOffice.
case on TheJulyemployees
1, 1996.
GOCCs Without Original Charter vs. GOCCs complained
Under Section to the
11,Merit
Article Systems
VIII of Protection
the Constitution,Board,
SUGGESTED ANSWER:
With Original Charter (1998) which
Members ruled
of thethatSupreme
the CivilCourt Service
hold rules were
office until
The legislature may abolish
No II.-- The Constitution the d) COURT
distinguishes betweenOF two violated
they reach when thethe ageemployees
of seventy were dismissed.
years or become The
TAX APPEALS since it is merely a creation
types of owned and/or controlled corporations: of law Civil Service Commission
incapacitated to discharge (CSC)their affirmed the
duties.
unlike
those withtheoriginal
Commission
charters and on those
Appointments,
which are MSPB decision,
Constitutional and ordered
officers whose ADS termstoare reinstate
fixed bythe
Ombudsman,
subsidiaries of such corporations. InCouncil
Judicial and Bar which ofand the employees
the Constitution with have
full nobackwages.
right to hold ADSover didtheir
not
Commission on Auditis which
following rule/rules such are all constitutional
a distinction made? appeal
positions and the their
until ordersuccessors
became final. shall have been
creations. Thus,ofthe
Consider each thelatter agencies
following itemsmayandonly be
explain appointed and qualified unless otherwise
abolished
briefly your answer, citing pertinent provisionsofof
by way of an amendment or revision provided in the Constitution. (Mechem, A Treaties
the
the Constitution.
Constitution. Instead
on the Law of complying immediately,
of Public Offices BOP, the
and Officers, p. 258.)
incumbent Governor of ADS, referred the matter
to the Commission on Audit (COA),
decoration
compensation
of honor and of the government
gold ring from officials
the and memorandum-order, directs the corporation to
Government
employees, of Cambodia
distinguishesto bebetween
valid, Governor
government comply with Civil Service Rules in the
A should
corporations
first obtainandthe consent
their subsidiaries,
of Congress. for the appointment of all of its officers and employees.
provision applies only to government corporations The memorandum-order of the CSC is assailed by
Security of Tenure
with original (1988)
charters. the corporation, as well as by its officers and
No. 10: Exercising power he claims had been employees, before the court. How should the case
granted him by the Executive Order on the be resolved?
reorganization of the government, the SUGGESTED ANSWER:
Jurisdiction over the GOCCs (1999)
Commissioner of Customs summarily dismissed The memorandum-order of the Civil Service
No IX - Luzviminda Marfel, joined by eleven other
two hundred sixty-five officials and employees of Commission should be declared void. As held in
retrenched employees, filed a complaint with the
the Bureau of Customs. Most of the ousted Gamogamo v. PNOC Shipping and Transit
Department of Labor and Employment (DOLE) for
employees appealed to the Civil Service Corporation. 381 SCRA 742 (2002). under Article
unpaid retrenchment or separation pay,
Commission claiming their ouster illegal. The Civil IX-B, Section 2(1) of the 1987 Constitution
underpayment of wages and non-payment of
Service Commission, after hearing, later ordered government-owned or controlled corporations
emergency cost of living allowance. The
the Commissioner of Customs to reinstate most of organized under the Corporation Code are not
complaint was filed against Food Terminal, Inc.
those dismissed. Instead of following the order of covered by the Civil Service Law but by the Labor
Food Terminal Inc. moved to dismiss on the
the Civil Service Commission, Commissioner Mison Code, because only government-owned or
ground of lack of jurisdiction, theorizing that it is a
intends to bring for review before the Supreme controlled corporations with original charters are
government-owned and controlled corporation and
Court, the same decision of the Commission. covered by the Civil Service.
its employees are governed by the Civil Service
Law and not by the Labor Code. Marfel opposed
theIf motion tothe
dismiss, SUGGESTED ANSWER:
1. you were counselcontending that although
for the Commissioner of Modes of Removal from Office (1993)
Food Terminal, Inc. is a corporation owned and 1
Customs, how would you justify his dismissal of No. 11: Section
How may 13. Article
the VII ofbe
following the Constitution,
removed from
controlledofficials
by theandgovernment earlier created and which
customs employees? office: prohibits
1) Senatorsthe &President
Congressmen from appointing
2) Judgeshis of
organized under the general corporation law as spouse and relatives within the fourth degree of
lower courts 3) Officers and employees in the
"The
2. If onGreater
the other Manila
hand,Foodyou wereTerminal, Inc.",forit has consanguinity or affinity does not distinguish between
a counsel Civil Service
still the marks of a private corporation:
the dismissed officials and employees, how it directly government corporations with original charters and
hires its
would you employees
sustain the without
order of seeking approval
the Civil Servicefrom their subsidiaries,
SUGGESTED because the prohibition applies to
ANSWER:
the Civil Service Commission
Commission reinstating most of them? State and its personnel
your both.
1) Senators, Cong., Art. III, section 16(3), of the
are covered by the Social Security System and not
reasons. 2 Section
Constitution, ... 13, Article VII of the Constitution,
the Government
SUGGESTED Service Insurance System, The which prohibits Members of Congress from holding
ANSWER:
question
1. I wouldposed
invokeinthetheresolution
petition forincertiorari at bar is
Jose v. Arroyo, any other office
2) Judges, during
Art. VIII, sec.their
11 ofterm
thewithout forfeiting
Constitution,
whether or not a labor law
G.R. No. 78435, Aug. 11, 1987, in which the claim against a their seat, does not distinguish between government
government-owned
Supreme Court held or thatcontrolled
under Art.corporation
XVIII, sec, 16 like corporations
3) Under Art.with
IX-B. original
Sec. 2(3)charters
of theand their
Constitution,
the Food Terminal, Inc. falls within
of the Constitution, career service employees the jurisdiction subsidiaries, because the prohibition
officers and employees in the Civil Service mayapplies to both.
of the
may beDepartment
removed "notoffor Labor
causeand but Employment
as a result of or 3 only be Section
removed 2, Article
for causeIX-Aas of provided
the Constitution,
by law
the reorganization
the Civil Servicepursuant Commission? DecideNo.and which
to Proclamation prohibits
and after Members
observance of dueof the Constitutional
process.
ratiocinate.
3 dated March (4%)25, 1986 and the reorganization Commissions from being financially interested in any
following the ratification of this Constitution." By contract
Their removal
with ormust
any be
franchise
effectedorbyprivilege
the appropriate
granted by
virtue of this provision, it was held that the the Government,
disciplinary does in
authority notaccordance
distinguish between
with Ch. 7
SUGGESTED ANSWER:
reorganization of the Bureau of Customs under government
secs. 47-48 corporations
of Book V of with original charters
the Administrative and
Code
The claim of the retrenched employees falls under
Executive Order No, 127 may continue even after their subsidiaries,
of 1987 and the because
Civil the prohibition
Service applies
Rules andto
the jurisdiction of the National Labor Relations
the ratification of the Constitution, and career both.
Regulations.
Commission and not under the jurisdiction of the
service employees may be separated from the 4 Section 2(1), Article IX-D of the Constitution
Civil Service Commission. As held in Lumanta v.
service without cause as a result of such Receiving
which of Indirect
provides for postCompensation (1997)
audit by the Commission on
National Labor Relations Commission, 170 SCRA
reorganization. No. 18;
audit A, while ancorporations,
of government incumbent Governor of his
does not distinguish
79, since Food Terminal, Inc. was organized
province,government
between was invited by the Government
corporations with original of
under the Corporation Law and was not created
2. I would argue that art. XVIII, sec. 16 does not Cambodia
charters andastheir
its official guest.because
subsidiaries, While there, the
the provision
by a special law in accordance with Section 2(1),
really authorize the removal of career service applies
sovereignto both.
king awarded Governor A with a
Article IX-B of the Constitution, it is not covered by
employees but simply provides for the payment of 5
decoration
Section
of honor
5, Article
andIX-B
gifted
of the
himConstitution,
with a gold
the civil service.
separation, retirement, and other benefits accruing which
ring of provides for the
insignificant standardization
monetary value, bothof the
of which
to them under the applicable laws. The reference he accepted.
to career service employees separated "as a result
Jurisdiction over the GOCCs (2003)
of the reorganization following the ratification of Was Governor A's acceptance of the decoration
No VII - A corporation, a holder of a certificate of
this Constitution" is only to those separated as a and gift violative of the Constitution?
registration issued by the Securities and Exchange
result of reorganization of the structure and SUGGESTED ANSWER:
Commission, is owned and controlled by the
functions of government (e.g., as a result of Yes, it violated Section 8, Article IX-B of the
Republic of the Philippines. The Civil Service
Constitution. For his acceptance of the
Commission (CSC), in a
be disqualified
removed
the opportunity
exceptas offora
political
cause.
candidate candidates.
(Sta. and Maria
so ineligible
This
v. Lopez,
is the Court,
Each
abolition Electoral
fromoftheoffices) decision
Tribunal asofshall
the COMELEC
be composed
distinguished First
from ofthe
G.R.
ruling
for theNo.
inoffice
Buckley
L-30773,to whichvs.February
Valeo,
he was 42418,1970)
elected.
U.S. 1 Would (1976),this NINE
Division?Members,
reorganization If yes.ofWhy? three
personnel Ifofnot
whom whatshall
which procedural
is what be is Justices
referred
which
fact entitle
invalidated
a competing a law limiting
candidate thewho expenditures
obtained step
of
to the must heas
Supreme
therein undertake first?
to be( 5%)
Courtreorganization
"the designated pursuantby the to
the (b)
of candidates
second Was
highest Ricardo
number ofremoved
for campaigning votes
in the to United
askfromand tohis SUGGESTED
Chief Justice,No.
Proclamation ANSWER:
and the remaining
3 dated March 25, six 1986." shallForbe the
States.
be position
In theasPhilippines,
proclaimed theDean winner of theof College
a provision
the elective Education
of the
office? "A"
Members
power cannotof offile thethe a government
petition
Senatefororcertiorari totheterminateHousewith the of
the
or merely transferred
Tañada-Singson
Reasons. Law, limiting to the theposition
period for of Special Supreme
employmentCourt.
Representatives, as As
of elective the case held
and may in Mastura
be,
appointive vs.
who officials
shall
SUGGESTED
Assistant to
campaigning, ANSWER:
was thenearly
President?
invalidated Explain. on this same COMELEC,
be
pursuantchosen to 285 Art.onSCRA sec.493
III, the basis
2 of (1998), of the
Proclamation Supreme
proportional No. 3
According
principle, except to Trinidad
that the v. majority
COMELEC. of court 315lacked
SCRA Court cannot
representation
(otherwise knownreview
fromasthe the decisions
thepolitical
Provisional or Constitution),
parties resolutions
and the
SUGGESTED
175
one [1999],
more vote if ANSWER:
tothemake candidate
their decision who obtainedeffective.the of a division
parties
through or ofappointment
the COMELEC.
the organizations "A" should
registered
or designation under first file
of thetheir
Ricardo
(See
highest was
Gonzalez
number removed
vs.of Comelec, from his
votes 27 position
is SCRA
disqualified,835as dean.
the a motion system
party-list
successors forhas reconsideration
represented
been repeatedly with
therein.
held thetoTheCOMELEC
have senior
ended
Having an who
(1969).
candidate appointment
obtained with the asecond fixed term, highesthe en
on banc.
Justice
Februaryin the 2, Electoral
1987, when Tribunal
the new shall be its
Constitution
cannot, without
number of votes his consent,
cannot be be transferred
proclaimedbefore the Chairman
took effect. (De (Article
Leon v.VI, Esguerra, Section 153 SCRA 17,1987 602
Grant
the endofSince
winner. Pardon
of hein was
his term. Election not Offenses
He cannot thebechoiceasked (1991)
to give
of the Removal
Constitution).
(1987); Reyes from v. Office;
FerrerCommissioners
G.R. No. 77801, (1998)
Dec. 11,
No.
up his
people, 11 post
he- cannot
Innorconnection
appointed
claim any right with
as dean tothetheof May 1987
another
office. No
1987;IX. Osias
- Suppose a Commissioner
v. Ferrer, G.R, No. 77049, of the COMELEC March 28,
Congressional
college, much less elections,
transferred Luis Millanes
to another was
position Fair
is
1988), Election;
charged before
Moreover, Equal the Space
such Sandiganbayan
replacement & Timeofin for Media
allegedly
incumbents
2nd
evenPlacer
prosecuted if it beRule for (1990)
and convicted
dignified with a dean's of an rank.election
More (1989)
tolerating
can only be violation
for cause of as theprescribed
election laws against
by Executive
No.
than 7:this,
offense Aand filed
thewas a protest
sentenced
transfer withto
was a the House
suffer
demotion Electoral
imprisonment
because No.
Order16:No.A 17,
proliferation COMELEC
of prohibited
dated May (COMELEC)
billboards
28, 1986.and resolution
election
Since the
Tribunal
for
deanship questioning
six years. in a The the
court
university, electiondid not
being of anB impose
asacademic
Member the provides
propaganda
summary dismissalsthat withpolitical
the inend parties
in vieware
question supporting
of removing
not for cause, a
him
of the House
additional
position penalty
which ofrequires
ofRepresentatives
disqualification
learning, to inability
the public
hold 1987
and common
from office.
the removal set Will ofthe candidates
theactionBureau shall
prosper? be
of Customs[5%] allowed to
officials
national
office andelections
scholarship, onexalted
of isdeprivation
more theofground
thethan right that
that Ba isspecial
ofofsuffrage not as
a purchase jointly air time
violates art. IX, B, sec, 2(3) of the Constitution. and the aggregate
resident
assistant of
provided forthemerely
who indistrict
Section the 164
assists latter ofis the
the President, representing.
Omnibus
as the SUGGESTED
amount of advertising ANSWER: space purchased for
While
Election theCode
title indicates. caseofThe was pending.assistant
the Philippines
special B accepted does an not
ad- No, the action
campaign purposes will not shallprosper.
not exceed Under thatSection
allotted8,
(B.P.
makeBlg.
interim 881).
appointment
authoritative decisions as unlike Secretary the dean of whothe Article
to otherXIpolitical
of the Constitution,
parties or groups the Commissioners
that nominatedof
Department of Justice.
does so in his own name and responsibility. The Security
the
only one ofset
COMELEC Tenure of (Q5-2005) by
arecandidates.
removable TheIMPEACHMENT.
resolution is
In April 1991,
position of dean the President
is created granted
by law, himwhile absolute
the (3) held
As Ricardo
challenged in the aswas a elected
case of In re
violation Dean Gonzales.
of of the
the College
160
freedom SCRAof of
(1)
special assistant is not so provided by law;init was
pardonMay A
on continue
the basis withof his
a election
strong protest
recommendation Education
771,
speech 774775,andin aaof State theUniversity
public officer
press. who Isfor the a term
is removable of fiveby
resolution (5)
order
of the to
a creation determine
Board ofofthe Pardonsthe real
university andwinnerParole.
president. in the saidMaria
(Sta. years
impeachmentunless sooner
cannot
constitutionally defensible? Explain. terminated.
be charged Many before were not
the
elections? State your reason.
v. Lopez, G.R. No. L-30773, February 18, 1970) SUGGESTED
pleased with his
Sandiganbayan ANSWER:
with performance.
an offense which To appeasecarries with those it
(2) Can A, who got the second highest number of Yes,
criticaltheof resolution
him, the is
Presidentconstitutionally
the penalty of removal from office unless he is first created a defensible.
new position,
Then for
votes in thetheelections,
election inask May that1992,he beLuis proclaimed
Millanes Under
that Section
of Special
impeached. 4, Article
Assistant
Otherwise, heto will IX-C
the be ofremoved
President the with 1987
from the
files his incertificate
elected place of B? of candidacy
Explain your foranswer.
the office of Constitution,
rank of Dean, duringwithout
office by a method other than Impeachment. the election
reduction inperiodsalary, the and
Mayor
Security in his municipality.
of Tenure; Meaning (1999) COMELEC
appointed Ricardo may supervise to said position or regulate in the theinterest
media of
SUGGESTED
No IX - -What ANSWER: is the meaning and guarantee of of
thecommunication
service. Contemporaneously,or information to ensure equal
the University
(a)
(1) WhatNo,
security ofistenure?
the
A may effect not
(2%)ofcontinue
the failure withofhis theprotest.
court to opportunity,
President appointed time, and Santosspaceasamong Acting Dean candidates in place
impose
.... the
SUGGESTED ANSWER: additional penalty? Right
with to objective
the
of Ricardo. Vote;(5%)Jurisdiction
of holding (2001) free, orderly, honest,
(b)
(2) Is the
No,
According A cannot
pardon
to Palmera ask
valid? that he be
v. Civil proclaimed
Service Commission, No II - Let us
peaceful, and suppose credible that Congress
elections.enacted To allow a
SUGGESTED
elected
235 SCRA in place ANSWER:
87, of B. The votes
SECURITY OF cast TENURE for B were
means law which amended
candidates which arethe OmnibusbyElection
supported more than Code one
(a)
thatNo
not noneed
invalid officer to expressly
votes. orHence,
employee impose
A in –the
garnered theyonly are
Civil the
Service (particularly
political party Sections
to purchase 138, 139, more142, air 143)time by and
accessory
second
shall behighest penalties.
suspended number of votes. Only
or dismissed except thefor cause (a) , in the
vesting
advertising Does
space COMELEC the candidates
than phrase "unless
the jurisdiction supported sooner
over by
candidate
as provided who by obtained
law and after the majority
due process. or plurality of one terminated"
inclusion and party
political mean
exclusion only that willthe
cases position
filed
deprive by the of latter
voters, Ricardo of
(b) votes
the The pardon is entitled is void,to be since Luis Millanes
proclaimed elected. wasOn is terminable
instead
equal of inand
time thespaceat will?
courts in(MTC,
the media. then RTC). Is the
convicted
this ground, foritthe
wascommission
held in Labo of v.anCOMELEC,
election ALTERNATIVE
law valid or not, ANSWER: and why? (5%)
offense
176
ARTICLE SCRA and1,his IXpardon
that the fact
COMELEC was thatnotthe made upon the
candidate
Electoral who No, the term "unless
ALTERNATIVE
SUGGESTED ANSWER:
ANSWER: sooner terminated" could
recommendation
obtained the highest of the numberCOMELEC. of votes Under
is not Article not Although
No.
The mean thatthe
law granting hisexpenditure
position
the COMELEC islimitation
terminable applies
jurisdiction at will.
over
Tribunal; Functions & Composition (Q5-2006)
IX, C, Sec.
eligible does5 not of the Constitution,
entitle the candidate no pardon who for only to the
Security
inclusion of purchase
and tenure
exclusion of aircases
means time,
that is thus
dismissal leaving
unconstitutional.should
violation of
obtained theansecondelection law may
highest numberbe granted
of votes to political parties
only beSection
Under for cause, free as
2(3), to spend
Article provided
IXC forofother
bythelaw formsandofnot
Constitution,
1. What is the function of the Senate
without
be the favorable
proclaimed the winner. recommendation of the campaign,
otherwise.
the COMELEC the limitation
(Palmera cannot nonetheless
v. CSC,decideG.R. the No. results
right toinvote,
110168, a
Electoral Tribunal and the House of
COMELEC direct
Augustand
which substantial
4, 1994)
refers to the reductioninclusion ofand the exclusion
quantity of of
Representatives Electoral Tribunal? (2.5%)
political speech
voters. Under Section by restricting 2(6), the number
Article IX-C of of the
SUGGESTED ANSWER:
Judicial Review of Decisions (2001) ALTERNATIVE
issues that can
Constitution, it beANSWER:
can discussed,
only file petitions the depthinofcourt their for
Under Article VI, Section 17 of the 1987
No XVI - In an election protest involving the No, his position
discussion
inclusion orand is not
the
exclusion size terminable
of of the audience
voters. at will. that Ricardo's
can
Constitution, the Senate and House of
position of Governor of the Province of Laguna contract
be reached, of employment
through the has a fixed media.
broadcast term ofSince five
Representatives Electoral Tribunals shall be the
between "A", the protestee, and "B", the years.
the It is not
purpose of antheappointment
Free SpeechinClause an acting is to
sole judge of all contests relating to the election,
protestant, the First Division of the COMELEC
returns, and qualifications of their respective Election Laws 2nd
capacity
promote or
the as officer-in-charge.
widest possible A college
dissemination dean
of
rendered a decision upholding B's protest appointed
information,
Placer Rule (2003)withand a term
the cannot
reality is be
that separated
to do this
Members.
without
No VIII -cause.
requires the
In the Ricardo,
municipalwith
expenditure of a definite
money,
mayoralty term ofinon
aelections
limitation
Can "A" file a petition for certiorari with the employment,
expenditure may
for this not thus
purpose
1980, the candidate who obtained the highest be cannot be justified,
2. What is the composition of each? (2.5%)
Supreme Court under Rule 65 of the Rules of not even for the purpose
number of votes was subsequently declared to of equalizing
SUGGESTED ANSWER:
and Bhonest
discharge
B)
Solis, 43
is SCRA
the
notelections.
office
considered
123, ofSeveral
mayor.
it was ipso Under
candidates
heldfacto that
Section resigned.
where
for 44 of a (b)
andthe
a)
b) The Ifanswer
hebarangay?
receives isb)the
the
the second-placer thesamenumber
winning if Pedro
in ofReyes
the gubematorialvotes, is thea
the Local 67
municipal
Section
protestant Government
positions
in ofan the withdrew
Code,
electionOmnibus from
it is the
case the vice
Electionrace.
accepted mayor
OneCodehis hearing
Congressman
electionsonfiles
municipality? thec) aquestion
of
the Quezon
quo province?
warrantoof disqualification
City,
suit
d) against because should
Nicasio the
who shouldfor
candidate
considers
appointment anysucceed
asMayor
elective
judge, petitioned
in he
case
official of ipso
abandoned the
permanent
COMELEC
facto claimfor
his resigned to continue.
repeal he of
andcity?
the ise) Upon
Section
found
the House motion
to be 67disqualified
of
ofof the thecomplainant
Omnibusfrom office, Election
or any can
vacancy
the
from postponement
public in office
office theuponoffice ofhis
involvedof
thethe elections
filing mayor.
in the aand
It is
of protest. only
the Hence,
holding
certificate whenof intervenor,
Code covers
the second-placer
Representatives? the court both or bethesworn
elective COMELECnational into may and
office order
local
as
of special
position
protestelections
candidacy
the forof any
must thebevice after
office mayor
dismissed the
other causes
isfor also
than havingof
vacant
the such
one that
becomehe is the suspension of the proclamation of the winning
officials.
governor?
the member
postponement
holding
moot. Similarly,
except of orthe
forfailure
in Sangguniang
President
Perez of elections andBayan
v Provincial shallwho have of
Vice-President,
Board SUGGESTED
c)
candidate theANSWER:
If, ifinstead, evidence
Nicasio of hadhis guilt been is strong.
born (of the
obtained
ceased.
was
Nueva repealed the 113
Ecija, highest
by the SCRA number
Fair 187,
Election of votes
it was Actheld will that
succeed the Election
1)
same set Offenses;
In accordance of parents) withConspiracy
Section
in the United 2(2),toArticle BribeIX-C
States Voters
and he
to the office
claim of mayor. to an appointive office had
of a petitioner (1991)
of the Constitution
thereby acquired an election citizenship
American protest involving by birth,
1. How many
become moot, votesbecauseof the COMELEC the petitioner had No.
the
would 12:your
electiveDiscuss
Disualifications position
answer the
(1999)
bedisputable
different?presumptions
enumerated below should
Effect of his
Commissioners
forfeited Filing may
claim of be Certificate
to cast the tooffice grant
of Candidacy;
the
by petition?
filing a (a) of- conspiracy
No filed
be V A.2.
in the Under to bribe
the
following Local
courts voters
Government and (b)Code,
or tribunals: of the
Appreciation
Fair
Explain.
Election
certificate of Ballots
Act
of candidacy (2003) for(1994)
mayor. SUGGESTED
involvement
name a) four
Barangay persons ofANSWER:
a- candidate
Metropolitan
who are disqualified and Trial of Court,
his from principal
No. X3;- (a)
No If aPedro candidate Reyesfor is an town incumbent
mayor is Vice- an campaign
a) No, Municipal
running managers
Nicasio
for any elective no Circuitin such
longer Trial
position. conspiracy.
possesses
Court, (2%) or Philippine
Election
2. A person
engineer
Mayor of Protest
by who
Quezon was
profession,vs.
City. not
Quo He a Warranto
shouldcandidate
intends votesto(2001)
at
for the
runhim time
in with
the SUGGESTED
citizenship. Municipal ANSWER:
... ANSWER: Trial Court A2.) Under Section 40
No
of
thethe
XVII
regular postponement
prefix - Under
elections
"Engineer" the
for Omnibus
ofbethe
the elections
position Election
invalidated of City decided
asCode
Mayor
"marked toof of theb) Local
Municipality Government - Regional Code, Trial
theCourtfollowing are
(B.P.
run for881,
ballots"?
Quezon anCityelective
as amended),
whose position incumbentand
briefly fileddifferentiate
a certificate
mayor would an (a)
b) Under
c)InProvince
disqualified Sec,
accordancefrom 28 of with
- running
COMELEC the Electoral
theany
for ruling Reforms
local in elective
Abella Law us.
SUGGESTED
election
of
havecandidacy protest
fully ANSWER:
prior
served fromtothree
thea quo special warranto
consecutive elections. case, May
terms asby to proof d)that
COMELEC,
position: City 1)at-Those
least
COMELEC
201 SCRA one
sentencedvoter253, inby different
the second
final precincts
judgment placer for
3) No,
his
who
2004.certificate
can a file
ballot
Would theof in
candidacy
case
Pedro which andthe
Reyes behave
the nameaccepted? of give
respective
to a candidate
Explain.
grounds
up his representing
cannot
an e) Under
be sworn at least
Section to twenty
17. Article
office, per
because cent
VI of of hethe
the losttotalthe
for townas
therefor.
position mayor
(5%) Vice-Mayor- who is an engineer which is precincts
offense
election. in any
Constitution,
To be municipality,
involving entitled anmoralelection cityprotest
to turpitude
the or province
office, or for he an was
must
(1) Once
SUGGESTED
prefixed ANSWER;
with "engineer" he files shouldhis certificate
not be invalidated of offered,
haveoffense promised
involving
garnered punishable or given
the
the by money,
position
majority one ofor(1)
Membervaluable
year orofmore
plurality thethe
of
3.
as Suppose
An acandidacy;
ELECTION
marked he ballot.
ran
or
PROTEST as Under
a substitute
maybeRule for No.a by
filed candidate
12 aoflosingthe consideration
votes. Houseor
of imprisonment, ofother
Representatives
expenditure
within two (2)shall by
years theberelatives,
filed
after
who
rules(2)
previously
candidateforWhen
the thewithdrew
campaign
forappreciation
same office his
of period
candidacy,
for which
ballots, starts;
ballotswill
theorwinner
your
which leader or
insympathizer
serving thesentence;
House ofofRepresentatives
a candidate for the
answer
filed (3)his
contain Once
be
such the and
same?
certificate
prefixesif heare Explain.
isofproclaimed
valid.candidacy. winner A inQUO c)
purpose
2) Yes
Electoral
Those
of promoting
becauseremoved
Tribunal. he
thefrom
will
candidacy
be office
a dual asofcitizen
asuch
result...of
the election;
WARRANTO CASEor may be filed by any voter candidate,
an administrative gives rise case; to a disputable presumption
Disqualification;
who (4)isUpon
a registered Grounds
his assumption
voter(1991) in theto the elective
constituency 2nd
Expiration
3) conspiracy
of Placer
Those of
Rule; term
convicted
to Rule
bribe bars ofby
voters.service
Succession
final judgment
thereof (1996)
(2000)
for
No. office;
where 11 the - orInwinningconnection candidate with the sought Mayto 1987 be No.
violating
13: 1)the A andoathBofwere allegiance
the only to candidates
the Republic forof
(5) Noneran
Congressional
disqualified of the
for above. Choose
elections,
office. Luis the Millanes was (b)
the Under
No
mayorXVI.
Philippines; Sec.
ofInBigaa, 28
the elections if the proof
Bulacan ofinMay theaffects
1992,1995
May atCruzleast and
local 20%
correct answer
prosecuted for and convicted of an election of
4) the
Those
elections.
Santos precincts
werewith
A obtained dual
the ofcandidates
the municipality,
citizenship;
10,000 for
votes5)the city
Fugitives
as
office or of
against
In an election
offense and was contest,
sentenced the to issuessufferare: (a) who
imprisonment province
from justice
Municipal
3,000 votestoMayor,
which
in
forcriminal
B.thethe
In the public
orsame
term ofoffice
nonpolitical
which aspired
elections,was cases toXforgotby
expire the
(b)
received
for IfsixPedro theReyes
years. majority
Thewere, or instead,
court plurality
did not anof incumbent
the votes
impose the the
here favored
highest
on June 30, candidate
or abroad;
number 1995. of Finding
votes relates,
amongthatthis he shall
thewon candidates
byconstitute
a
Congressman
which
additional were legally
penalty of Quezon
ofcast andCity,(b)who
disqualification whether
tointends
holdthere to
public a
6)disputable
margin
for 20 presumption
Permanent
of
the Sangguniang votes, residents
theBayan of of
Municipal the
intheainvolvement
foreign
Board
same town. country
of ofA
seek
were
office the
irregularities
andmayoralty
of deprivation inpost
the of conduct
in theQuezon rightof of the
City, election
wouldas
suffrage the
or candidate
those who
died the day proclaimed
Canvassers and
have of his
acquired
before his proclamation.principal the
Cruz as the duly campaign
right to reside
a) Who elected
your
which choice
affected of itsanswer
results.
provided for in Section 164 of the Omnibus in no.(1) above be the managers
abroad the
Mayor.
should andin
Santos Board each
continuefiledofofan the
Canvassersmunicipalities
toelection
avail of protest
the same right the
before
same?
ElectionIfCode not, whichof thewould Philippines be your choice? concerned,
after the in
effectivity the conspiracy.
of the
Regional Trial Court (RTC) which decided that it Local Government
(B.P.
In a quo
Blg. warranto
881). case, the issue is whether the proclaim
Code;
was and
Santos as elected
who hadmayor, the plurality A, B orofX? 30Explain,
votes and b)
SUGGESTED
candidate whoANSWER:was proclaimed elected should be Election
7) The
Who is entitled
proclaimed Protestinsane
him to (1990)
or
thedischarge feeble-minded.
winner. On themotionfunctions made, of the the
In
(a) April
The 1991,
correct
disqualified because the answer
President is granted
(5). Section
of ineligibility orhim absolute
14 of the
disloyalty to No.
office7:
RTC ofAthe
granted filed mayor, a protest
execution B orpending
X?with thethe
Explain. House
appealElectoral of
pardon
Fair
the Election
on the basis
Philippines. Act repealed
of a strongSection recommendation 67 of the Tribunal
Effecttoof
Cruz questioning
the Filing
COMELEC of Certificate
the(Comelec)
election of Candidacy;
of
and B on as thisMember
of the Board
Omnibus Election
of Pardons Code,and which Parole. provided Then that for the any SUGGESTED
of
Appointive
theSantos
basis. House OfficerANSWER:
of Representatives
assumed vs Elective
office and Officer
served in (2002)
the
as 1987
Election inProtest
election official,
elected May whether
1992,vs. Quo Luis Warranto
national
Millanes or local, (Q5-2006)
files his
who runs In
No accordance
XIII. A,
national
Municipal a Citywith
elections
Mayor. Legal
Inon Benito
time, Officer,
the the vs.
ground and
Comelec COMELEC,
B, areversed
that City
B is not 235a
Differentiate
certificate
for any office an
of candidacy
other election
thanfor protest
the the one officefrom
he is an action
of holding
Mayor inin a SCRA
resident
Vice-Mayor,
the ruling436, ofof theitfiled
isRTC
district
A
certificates
who andtheshould
insteadlatter
of candidacy
beruled
isproclaimed
representing.
thatforCruz theas
for
his quo
permanent warranto.
municipality. capacity, (2.5%)except for President and Vice winner,
position
While
won bytheabecause
ofmargin
City Mayor
case ofhe40was
was in the
pending.
votes the May
and one 14, who
B proclaimed
accepted2001obtained anhimad-
SUGGESTED
President, shallANSWER: be considered ipso facto resigned interim
elections.
the highest
duly appointment
a) number
elected WasMunicipal
A ipso of votes
facto
asMayor. considered
Secretary
for a) the It isposition
now of the of
(c) ELECTION
An
from hisIsoffice
a petition upon tothe
PROTEST disqualify
filing of isMillanes
hisa certificate
proceeding of mayor,
resignedbut
Department
beyond and,
June aof30, notation
1995. should
Justice. Can Cruz bestill made holdthat office he
(d) What are
viable?
whereby
candidacy. the
a Section
losing effects 14 ofofa the
candidate petition for toaElection
Fair disqualify?
particular Act (1)
if so,
died
for May
the for Athe
effective
portion continue on
of thewhat
purpose with
termdate?
ofhe his election
(2%)
applying
has b) Was
failed the protestB ipso
rule
to serve? in
on
position contests ineffective
likewise rendered the resultsthe offirst
theprovisoelection in theon order to determine
facto considered
succession
Why? (3%) to office. resignedtheB real and,winner
cannot be inproclaimed,
the said
SUGGESTED
grounds
third of fraud,
paragraph ANSWER:
ofterrorism,
Section 11 irregularities
of RepublicorAct illegalNo. elections?
if so, effective
because theState onyour
death whatof reason.
date?
the (3%) Inwho
candidate bothobtained
cases,
(c) Incommitted
acts
8436. accordance with Sec.
before, during 68 or of the
afterOmnibusthe casting SUGGESTED
statehighest
the the reason number ANSWER:
ANSWER;
or reasons
of votesfordoes yournot answer. entitle the
Election
and Code, of
counting Luisvotes.Millanes Onmay the be otherdisqualified
hand, a (1)
a) No,
As
candidate A may
held in Malaluan
who not continue
obtained v. the with
COMELEC, nexthis protest.
highest 254 SCRA There
number
2nd running
from
PETITION Placer FOR for
Rule;
mayor
QUO inWARRANTO
asQuo he was Warranto
convicted
is filed Cases
byofany an is
SUGGESTED
397
of no dispute
(1996).
votes to Cruz beANSWER:
asproclaimed
to who
can no longer was the holdthe
winner,winner
office in the
for
since the
he
(1992) offense.
election
Consequently,
registered voterPedro to contestReyes the can election
run for Mayor of any A)
election,
A was
portion
was notofconsidered
astheitterm
the is not
choice heipso disputed
failed
of thefacto that
resigned
toelectorate.
serve itsincewas upon
Xhis Bis whonot
No. 16: Edwin
without
candidate giving up
Nicasio,
on grounds his position
born inas
of ineligibility theVice-Mayor.
Philippines
or disloyalty He
of the
obtained
term filing
entitled has of the his
expired.
to bemajority.
certificate
proclaimed The of purpose
candidacy,
electedof as because
the mayor,
protest
(d)
will
to Under
Filipino
have
the toSec.
parents
Republic give 6
and
of of
thethe
up raised
his Electoral
in the province
position
Philippines. Reforms
as Vice-Mayor Law,
of being
is simply
because a City to ran
he seek
Legal fortheOfficer,
theremoval he isofanBappointive
Sangguniang from
Bayan. office on
any
Nueva
upon candidate
expiration
Ecija, ran who of has
for his been
Governor term declared as
of his Vice-Mayor
home by final on Petition
official.
the ground to Declare
Section that66 he ofFailure
the is Omnibus of Elections;
ineligible. Election
However, CodeB
judgment
province.
June to be
He
30, 2004. won disqualified
and he was shall sworn not be intovoted
office. for, It Requisites
provides his
forfeited that&claim Effects
any person
to the (1995)position
holding aofpublic congressman
and
Election
was votes (Note:
recentlyProtest;
cast The
for question
revealed, him
Jurisdiction
shall
however,didnot notbe ask
(1996)
that the
counted. examinee
Nicasio is a Neither
No. 6:
appointive
by Due
B nor
accepting to violence
office X anisshall
entitled
adbe and toterrorism
interim discharge
considered attending
appointment
ipso thefacto as
No, 14: to1)explain
naturalized As
American the reason
counsel for the
citizen. fora) hisDoes choice
protestant, and
he still wherethe functions
the casting
resigned
Secretary ofofof
upon the votes
office
Justice,
the inthe
filing of
a ofmunicipality
mayor.
protest B against
his certificate is notin Lanaoentitled
ofhim has
general instructions requires such discussion
If before
will
possess thefileelection
you Philippine he is notprotest
an citizenship?
election declared by final a
involving to discharge
del Sur during
candidacy.
become moot. thetheoffice
last
Nothing8
ofMaymayor, 1995
will sinceelections,
be he wasit by
gained
only to a "yes" or "no" answer.)
judgment to
contested be disqualified
elective position in: and he is voted for defeatedimpossible
became
resolving in
it. the
In the election.
caseto hold ofX Purisima
istherein
not entitled free,
v. orderly to
Pre-Proclamation Contest; Proper Issues preventedtofrom
prejudice the casting
filing of their
an election
votes. Theprotest.
The COMELEC has exclusive jurisdiction of all
(1996) COMELECthe
However, dismissed
proceedings the pre-proclamation
may continue when on
pre-proclamation
No, 14: 2) Give three controversies.
issues that(Id., cansec.be properly
241) Its contest
the basisonofthetheground
evidence thatpresented
all the returns
so far, appear
the
raised
decisions andbecome
brought executory
in a pre-proclamation
after the lapse contest.
of 5 complete and
COMELEC or untampered.
the Supreme Court determines that
days from receipt by the losing party of the the petition appears to be meritorious. (Section 16,
SUGGESTED
decision, unless ANSWER:
restrained by the Supreme DetermineActif No.
Republic the7166)
COMELEC decided correctly
2) According
Court. (Id., sec.to246) Section 243 of the Omnibus and if "B" has any recourse for contesting "A's"
Election Code, the following issues can be election.
A loser raised.
properly may still bring an election contest (B) SUGGESTED
ELECTIONANSWER: CONTESTS An election protest
1
concerning The the
composition
election, or proceedings
returns, of the board ofis
and qualifications The COMELEC
initiated by filingcorrectly
a protestdismissed
containing"B's" the PRE-
canvassers
of the candidateare illegal;
proclaimed. In the case of elective following PROCLAMATIONallegations: CONTEST. Such a contest is
2
barangay The canvassed
officials, electionmay
the contest returns
be filedare with
incomplete,
the 1. The protestant
limited to claimsisthat a candidate
the electionwho duly filed are
returns a
contain
municipal material
trial defects,
courts; approved
in the case to beof tampered
electivewith,
certificate
incompleteofor candidacy
that theyand was voted
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material the
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or contain discrepancy
municipal officials, in the in the same returns
Regional or in other
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authenticated
the case of electivecopies;provincial and city officials, in 2. prepared Theunder
protestee duresshas beenor that proclaimed;
they contain
3
the COMELECThe election returns
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3.
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the votes (Miro credited vs. to the
threats,
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or Congressmen, in theorSenate
they are or obviously
House COMELEC,
candidates, 121 the SCRA
difference 466) of which affects the
manufactured
Electoral Tribunals or not (Art.
authentic;VI, sec.and 17); and in the result of the election. (Omnibus Election Code,
4
case ofSubstitute
the President or fraudulent
and Vice returns in controverted
President, in the Thesees.following have jurisdiction over election
243, 234-236)
polling places
Presidential were canvassed,
Electoral Tribunal. (Art. the results
VII, sec. which contests:
of4).
materially affected the standing of the aggrieved On a)the other Barangay
hand, the officials
question
- Inferior
whetherCourt; or not
candidate or candidates. thereb) was Municipal
terrorism,officialsvote -Regional
buying and Trialother
Court; in the elections cannot be the
irregularities
SUGGESTED ANSWER:
Pre-Proclamation Contest vs. Election subject c) of aRegional,
pre-proclamationprovincial, and city
contest but officials
must be
1. According
Contests to Section 7, Article IX-A of the 1987
(1997) raised inCOMELEC (Sectionprotest.
a regular election 2(2), Art. IX-C of
(Sanchez
Constitution,
No, 17: Statethe COMELEC how (a) shall pre-proclamation
decide by a v. COMELEC,
the Constitution);
GR. No. 78461; Ponce Enrile v.
MAJORITY VOTE
controversies, on theof allone its members
hand, andany (b)case or
election d)
COMELEC, Congressman
G.R. Nos. 79146 -House& of 79212, Aug. 12,
matter brought
protests, on the before
other, it InareCuainitiated,
vs. COMELEC, heard and 1987; AbesRepresentatives
v. COMELEC, Electoral 21Tribunal.
SCRA 1252
156 SCRA582,
finally resolved. the Supreme Court stated that a e) ) Since
(1967) Senatorsthe basis- Senate Electoral
of "B's" Tribunal.
petition is that
SUGGESTED
two-to-one decision ANSWER: rendered by a Division of the (Section
his followers had1.beenArticlebought
VI of thewhile others had
(A)
COMELEC PRE-PROCLAMATION
and a three-to-two CONTROVERSIESdecision Constitution);
been prevented from casting their ballots, his
a) Questions
rendered by the COMELEC affectingenthe banccomposition
was valid or remedy f) is President
to file anand Vice President
election contest and - this
where proceedings of the board
only five members of canvassers
took part in deciding may should Supreme be brought in the House or VII
Court (Section 4, Article of
Senate
the case.
be initiated in the board of canvassers or Electoralthe Constitution).
Tribunal which, under Art. VI, Sec. 17, is
directly with the COMELEC. the sole judge of the election, returns and
2. No, his certificate of candidacy cannot be The decision ofof members
qualifications the inferior of court in election
each House of
accepted.
b) Under
Questions
Sectioninvolving
75 of the Omnibus
the election contests
Congress.involving barangay officials and of the
Election
returns
Code,
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certificates
in casesofofcanvass
postponement shall Regional Trial Court in election contests involving
or failure of election
be brought in theno additional
first instance certificate
beforeofthe Pre-Proclamation
municipal officialsContest are (1988)
appealable to the
candidacy
board shall be accepted.only, (Section 17,
of canvassers No. 18: In election
COMELEC. (Section law, what
2(2). isArticle
a pre-proclamation
IX-C of the
Republic Act No, 2166.) controversy? The
Constitution.) Where decisionmay ofit the beCOMELEC
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c) The board of canvassers should rule finality?
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brought to the
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3. No,on the
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20, proclaimed,ofdoes
questions law.the(Rivera
loser stillvs.have any remedy
COMELEC, 199
75 of the Omnibus
Republic Act No. Election
7166.) Code, an additional to the end
SCRA 178)than he may finally obtain the position
certificate
d) ofAny
candidacy
party may adversely
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of postponement
appeal to the or failure
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if there was 20. The decision of the COMELEC in election
a substitution
Republic Act of candidates;
No. 7166.) but the substitute SUGGESTED
contests ANSWER:
involving regional, provincial and city
muste)belongThe to anddecision
must be of endorsed
the Commission
by the on A PRE-PROCLAMATION
officials may be brought to CONTROVERSY the Supreme Court refers
on
same Election
party. may be brought to the Supreme Court to any question
certiorari (Section pertaining
7, Article to IX-A or and
affecting
Section the
on certiorari by the aggrieved party, (Section proceedings
2(2), Article IX-Cof theof the board of canvassers which
Constitution.)
Pre-Proclamation
7, Article IX-A ofContest (1987)
the Constitution.) may be raised by any candidate or by any
No. VII: "A" and "B" were candidates for The decisions
registered of the
political Senate
party ElectoralofTribunal
or coalition political
representatives in the 1987 National Elections, "B" and
partiesof the
before House the ofboardRepresentatives
or directly Electoral
with the
All
filedpre-proclamation
a pre-proclamation controversies
contest with pending
the before Tribunal
COMELEC, mayorbe any elevated to the under
matter raised Supreme secs. Court
233-
the COMELEC
COMELEC on theshall be deemed
ground terminated
that rampant vote at the on
236 certiorari
of the Omnibus if there was Code
Election gravein abuse
relationofto
beginning
buying andofterrorism
the termaccompanied
of the office involved and
the elections. discretion.
the preparation,(Lazatin vs COMELEC
transmission, receipt,168 custodySCRAor
the rulings of
Particulars werethe supplied
board of of canvassers
"B's" followersshall bought-
be 391)
appreciation of the election returns. (Omnibus
deemed affirmed,
off and other without
followers Election Code, sec, 241).
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both of the
Madako Local and ofcase
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Masigla Idem should
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stray Mayor
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Philippines
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vs. COMELEC,
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created in of idem
computing
No V - D. On May 17, 1988, the positionwho
by the by the
creation ANSWER:
cessationof sonans thein
Masigla. as
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Recall
Local
their Manuel
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local
political
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COMELEC, theas only winner
Governor the
142
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SCRA
vacant. for
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elected
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Sangguniang be
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included.
the Bayan,
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NO. enough
appointmentVII - Election
MADAKO
position to the Department that
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be submitted
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National
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Wealth unit
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of Tacloban
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ordinance construction
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corporation determined
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council As
or the held
be
president
power three
in Municipality
(1)
Administrative
(1988)Under Sections
legislative of Code,
bodies Calumpit,
to54 (a)Bulacan.
there
exercise andmust 55be
such (c)While
an
powerof the driving
Local
without
1. No, and
years
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Prefect
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Treasurer
ashall
notcasino
theserve of cannot
in Baguio,
for
situation
Tacloban more in 71
this
City. recklessly
No. 4: Josea Y.
Government
appropriation municipal
Sabater
Code,
of the the publicdump
is
locala funds;
real truck estate
legislative andwithin its load of
developer.
assembly
invoke
than
Phil.
The
case. its(1941),
three
547
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specialterms."
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Discipline;
certificate
shallEffect
beofclosed
availability
of Pardon
without ofindemnifying
Granted
funds issued in Favor
anyby Alcantara
not liable for cannot
real estate
reassumetax onoffice
the property
as member of
of Public
the municipal
person
Officers
prejudiced
treasurer;
(1999) thereby.
and A property thus the
belonging
Sangguniang
to the government
Bayan. As which held in it occupy.
Sangguniang
(4) Thewithdrawn
contract must from public
conform usewith maythebe used
formalor However,
Bayan of Section
San Andres 234 ofv.theCourt Localof Government
Appeals, 284
No IV - C. A City Assistant Treasurer was
requisites conveyed
of written forcontracts
any purpose prescribed
for which by other
law. Code subsequently
SCRA 276 (1998), Alcantara withdrew the shouldexemption
be deemed from to
convicted of Estafa through falsification of public
real property belonging to the local unit real property
have abandoned taxeshis of government-owned
position as member or of the
document. While serving sentence, he was
concerned might be lawfully used or controlled corporations.
Sangguniang Bayan. His If Iintention
were thetoJudge,abandon I his
granted absolute pardon by the President.
Requisites; Contracts involving LGU (1995)
conveyed." would hold
position is the
shown Nationalby hisDevelopment
failure to Company
perform his
1
No. 4: 1.Assuming
What arethat the the positionunder
conditions of Assistant
which aCity function
liable for asrealmember
estate taxes. of the Sangguniang Bayan,
Treasurer
In
localFavis v.has
executive remained
City may entervacant,
Baguio, 27
intoSCRA would
a contract heinbeit entitled
1060, was tohis failure to collect the salary for the position, his
a reinstatement
held
behalf that
of his without
thegovernment
City of Baguiothe need
unit? could of aclose
SUGGESTED new a street Taxation;
failure to Sources
object of to Revenue (1999)
the appointment of his
appointment?
and
ANSWER: lease it Explain.
since it (2%) had become patrimonial No V -Under the
replacement, andConstitution,
his failure towhat are any
initiate the three
act to
2
property. If later
1. The following theare
Likewise, same position
Cebubecomes
theinconditions under
Oxygen vacant,
which anda main sources
reassume his postof revenues
after the of local government
reorganization of the
could
local he
Acetylene reapply
executive Company, and
may be reappointed?
enter
Inc. into a contract
a Berceles, Explain.
66 SCRA (2%)
in units? (2%) Bayan was voided.
Sangguniang
behalfit of
481, was theheld
government
that the City until:of Cebu could close SUGGESTED ANSWER:
(1)street
a The local
and sellgovernment
it thereafter. unit must have the The following are the main sources of revenues of
power to enter into the particular contract; Alcantara
local governmenteffectedunits hisunder
intention by his letter of
the Constitution:
(2) Pursuant
Since thetoCity Section 22(c) of the
of Dagupan hasLocalthe power to resignation, his assumption of office as member of
Government
convert the Code,
park into thereprawn
must be ponds a prior
it can also 1 Sangguniang
the Taxes, fees,Panlalawigan,
and charges. (Sectionhis discharge 5, of
authorization
lease it to XYZ byeven
the sangguniang
though XYZ is concerned,
a 100%foreign and a hisArticle X) as its member, and his receipt of the
duties
legible copy of
corporation. Thetheoperation
contract shall of abeprawn postedhatchery
at a 2
salary Share
for suchinpost. the national taxes. (Section 6,
conspicuous
does not involve placeexploitation
in the provincial of naturalcapitol or the
resources Article X)
city, municipal
within the meaning or barangay
of Sections hall. 2 and 3, Article XII Alcantara
3 Share cannotin thebeproceeds
deemedof to thehave lost his
utilizations
of the 1987 Constitution. (Secretary of Justice, office
and development
as memberofofthe thenational
Sangguniangwealth within
Bayan by
(3) InNo.
Op. accordance
3, s. 1988) with Sections
Since 46
the portion and
of the47,park resignation.
their areas. (SectionUnder 7,Section Article X} 82 of the Local
Chapter
had been8, withdrawn
Subtitle B. from Book public
V of the 1987
use, it could be Government Code, the resignation should be
Administrative
disposed for any Code,lawful if the contract
purpose Involvesleasing
including the Withdrawal toof the
submitted Public Property from
Sangguniang Bayan. PublicHe
expenditure of public
it to a foreign corporation. funds, there must be an Use (1990)
submitted it to the Mayor instead, and the
appropriation therefore and a certificate of No. 8: XYZ,was
resignation a corporation
not accepted. organized under the
availability of funds by the treasurer of the local laws of Hongkong, with 100% foreign equity,
government unit. Discipline;
obtained from Clemency; Doctrineand
the Securities of Condonation
Exchange
ARTICLE XI Accountability of
(4) The contract must conform with the formal (2000)
Commission a license to operate a prawn
requisites of written contracts prescribed by law. No VI. A provincial governor
hatchery project on a piece of land leased duly elected to from
office
Public Officers was
the City of Dagupan. The land was formerlyfrom
charged with disloyalty and suspended a
(5) Pursuant to Section 2068 of the Revised office
park and pending the outcome
plaza belonging to the ofCitythe andformal
was
Abandonment
Administrative Code, of Office (2000) is a party to a
if a province investigation
converted by ofthethe Citycharges
to derive against
much him. needed The
No VII. Alcantara
contract conveying was title toelected barangay
real property, the chairman Secretary
funds. of Interior and Local Governments
and latermust
contract president
be approvedof the by Association
the President. of Barangay
Under found
(1) Mayhim the guilty
City of as Dagupan
charged lawfully convert thehim
and removed
Councils in his municipality. In
Section 2196 of the Revised Administrative Code, that capacity, he was from
park to prawn
office. Heponds
filed aand leasebefore
petition the same?the Supreme
appointed
if a municipality by the President
is a party as member
to a contract conveying of the Court
Explain your answer.
questioning his removal. While the case was
Sangguniang
real property orBayan any Interestof his inmunicipality.
it or creatingLater, a lien the pending
(2) May the City of
before theDagupan
Supreme and XYZ corporation
Court, he filed his
Secretary of Interior and
upon it, the contract must be approved by the Local Governments validly enterofintocandidacy
certificate the lease contractfor thefor the prawn of
position
appointed Alcantara as member of the Sanggunlang Governor
provincial governor. ponds? Answer and won, withand reasons.
was proclaimed Governor.
Panlalawigan of their province to meet a He SUGGESTED
claims his ANSWER:
reelection to the position of
reorganizational contingency, and Mendoza took his Governor (1) Yes, the has City of Dagupan
rendered may lawfully
the pending convert
administrative
place
Taxation; in the GOCC Sangguniang
Liability For Bayan.
Real Alcantara
Estate Tax then case
the park into prawn
against him pondsmoot and lease them. AIscity
academic. he
wrote
(1999)a letter of resignation from the Sangguniang correct? may close Explain.a park (5%)and plaza and once the
Bayan
No VI -addressed
C. Theto Province
the Mayor of ofX the municipality,
required the property has been withdrawn from public use, it
ceased
National Development Company to payassumed
functioning as member thereof and real SUGGESTED
falls within theANSWER: commerce of man and may be
office
estateand taxes performed
on the land his functions
being occupied as member by NDC of the Yes, the Section
leased. re-election 10ofofthethe governor
Local has rendered
Government
Sanggunlang
and the latter argued Panlalawigan. that sinceLater, it is a the theCode pending
provides: administrative case against him moot.
reorganization
government-owned of the Sangguniang
corporation, Panlalawigan
its properties are "A localingovernment
As explained Aguinaldo v. unit may likewise,
Santos, 212 SCRA
and the appointment of Mendoza
exempt from real estate taxes. If you were were voided. theCan 768 (1992),through a its head
local acting pursuant
elective to a be
official cannot
Alcantara
Judge, howreassume would you office decide as member
the case? of the removedresolution
Reason from office of itsfor
sanggunian
misconduct and committed
in
Sangguniang
out. (2%) Bayan or has he lost it because of during his accordance
previous with term,existing
because law each
and the term is
resignation?
SUGGESTED abandonment?
ANSWER: Explain. (5%) separateprovisions
and the of this Code,
people close any him are
by re-electing
In National Development Company v. Cebu City, deemedbarangay,
to have forgiven municipal, city or provincial
his misconduct.
215 SCRA 382, the Supreme Court held that the road, street, alley park or square. No such
SUGGESTED
National Development ANSWER: Company was way or place or any part thereof
requirements
suspension
before
nominees the or Regional
from
transferees,
prescribedoffice
Trialunder
by
Court
shall
lawRepublic
(RTC)
not
for the bewhichbarred
position,
Act 3019 by SUGGESTED
b)
Section
B. AVE
Can cannot
13
he of claimANSWER:
the
collect
Anti-Graft
salarysalaries
forand theandCorrupt
period
allowances Practices
that his
decided
the
refersappointment
prescription. tothatany it was extended
Santos
office that to
who him
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valid.
the plurality is Act,
fromwhich
case the
wasgovernment
is not a appeal?
pending penalty
for thebut first
Why? a preventive
two
(2%) years of his
1. Impeachment is a method by which persons
of
Consequently,
30 votesholding
presently andhe proclaimed
has
and anot better himright
necessarilythe than winner.
toVicente
the Onone measure.
term, because SinceinSection
the meanwhile 13 of theBART Anti-Graft collected and
SUGGESTED
holding government ANSWER; positions of high authority,
motion
Estrada.
which he made,hold the when RTC hegranted
committed executionthe crime pending with Corruption
the salariesPracticesand allowances. Act doesBART not state was that a dethe
prestige, and dignity and with definite tenure
Impeachment;
the
which appeal he of is Cruz Cronyism
charged. to the This (2000)
COMELEC was the (Comelec)
ruling in a) Alfonso
public
facto officerBeit
officer while
must cannot
he
bewas claim
suspended any
in possession only salary
inof the for
the officethe
The claim of Estrada that being the officer next in may be removed from office for causes closely
and
Deloso on this basis. Santos assumed
v. Sandiganbayan 173 SCRA office
409.and period
where
office. To of allow
he ishis preventive
alleged
AVE to have collect suspension
committed
the salaries during
the acts the
and
No II.he Isshould
rank cronyism havea been legal appointedground foras the City related to their conduct as public officials, (V.G.
served as Municipal Mayor. In time, the Comelec pendency
which
allowanceshe has ofwill
been
theresult
investigation.
charged,
in making it applies
the
As government
held to any in Gloria
impeachment
(2) Yes, Fiscan
Engineer not ofvalidly
the President?
meritorious. object to It is Explain.
the a duration
settled (5%) of the
rule that SINCO, PHILIPPINE POLITICAL LAW 373 (llth
reversed the ruling of the RTC and instead ruled vs.
office
pay a Court
which
second ofhetime.
Appeals,
may(Mechem,
be holding.
306 A SCRA
Treatise 287on(1997), the
suspension.
the appointingInauthority Deloso is u. not Sandiganbayan,
limited to promotion 173 ed. 1962)).
SUGGESTED
that Cruz won by ANSWER:a margin of 40 votes and Law of Section
under Public Offices 52 of and the Public
Civil ServiceOfficers, Law, [1890]the
SCRA
in filling409, it was held
up vacancies but that may the choose imposition
to fill them of
proclaimed him the duly elected Municipal Mayor. The grounds
pp. 222-223.)
provision for paymentfor impeachment
of salaries during are the culpable
period
Yes, thecronyism
preventive
by suspension
appointment is of a for legal ground
an indefinite
persons with civil forservice
period theof Elective and Appointive Officials: disciplinary
violation
of preventive of the Constitution,
suspension duringtreason, the pendency bribery,of
impeachment
time is unreasonable
eligibility appropriateof the President. and
to the violates Under
position. the right Section
Even of the if2,a authority (2004) 2004 (3-b) CTD, a Commissioner
graft and
is notcorruption,
BARTinvestigation
the requiredhas to other beenhigh
refund thecrimes
to deleted. government and
The
a)
Article
accused
vacancy It is XIwere
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beyond
to Constitution,
process.
be filledJune The
by 30, betrayal
1995.who
people
promotion, Can
theofelected
Cruz
public
concept of the National Labor Relations Commission
the salaries
betrayal
preventive of public
and allowances
suspensiontrust. (Art. wasXI, henot sec.
received.
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trust
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to grounds
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be
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his (NLRC), sports a No. 10 car plate. A disgruntled
facto officer,
imposition washelawful, is entitled
since itto was the authorized
salaries and by
failed
refers
services
requirementtoto serve?
violation
for an thatWhy? of the
indefinite
the (3%)
oath
person period,ofnextoffice
andin and his includes
rank must tobe litigant
right The officials
filed aremovable
complaint against by impeachmenthim for violation are the of
allowances because he rendered services during
law.
cronyism
hold officewhich
appointed to would
the involves
be nullified.
vacancy. unduly
What favoring
Moreover,
the civil a crony
service since law President,
the Anti-Graft Vice
andPresident,
Corrupt Practices the Members Act before of the the
SUGGESTED
b) Was Santos ANSWER:
a usurper and should he pay his incumbency. (Rodriguez v. Tan, 91 Phil. 724
to the Section
under
provides prejudice
is that 42ifofof apublic
the Civil
vacancy interest,
Service (Record
Decree of the
the Supreme Court,
Ombudsman. CTDMembers
now seeksoftothe enjoin Constitutional
the
back what he has received iswhile filled by
holding promotion,the 119520.
C. 1.)
Constitutional
duration
the person As of held
holding in the
Commission,
preventive Monsanto Vol. next
suspension
position v.
II, p. Factoran,
272)
in should
rank thereto 170be b) If the penalty
Commissions
Ombudsman inand was
a petition modified
the Ombudsman. because
for prohibition, Alfonso
(Id.) alleging
office as Municipal Mayor? Why? (2%)
SCRAbe190,
limited
"shall toconsideredpardon(90)
ninety merely
for days,
promotion." frees equal the
Espanol individual
protection v. Civil that Beit hewas exonerated
could be investigated of the charge only by that was the
the Supreme
The bills which BART alone authored and were
from allSUGGESTED
demands
Service thethat penalties
Commission the206 ANSWER; and legal
duration
SCRA of disabilities
preventive basis under
Court for theitsdecisionpower ofordering supervision his dismissal,
granted in he the
Impeachment; Grounds (1999)715, approved by the House of Representatives are
imposed upon
suspension under him because the Anti-Graftof his conviction.
and Corrupt It is entitled to He
Constitution. back wages,that
contends otherwise,
under the thislaw would
a) Cruz can no longer hold office for the portion valid because he was a de facto officer during
No
doesXVnot
Practices -What
Act restore are thehim grounds to ninetythefor impeachment.
public office 2. PD
be No.
tantamount
creating the 1606, tosec.
NLRC, he1,has
punishing in so him
the far as of
after
rank it exoneration
provides
a Justicefor of
of the term hehefailed also limited
to servetosince his (90)term days.has his incumbency. The acts of a de facto officer are
Explain.
relinquished (2%)by reason of the conviction. fromCourt
the removal
the ofcharge
Appeals, ofwhichandthe entitled
causedmembers tohisthe of the
dismissal.
ALTERNATIVE
expired. ANSWER; valid insofar as the public is concerned. (People
Sandiganbayan
[Gloria
correspondingvs. Court only of by
privileges. impeachment
Appeals,
Hence, 3O6
the OMB SCRA musthas287 be
no
SUGGESTED
Discipline; FIRST ANSWER:
ALTERNATIVE
Preventive Suspension ANSWER: (2002) v. Garcia, 313 SCRA 279 [19990.
b) Santos
Neither Jose wasReyes not a usurper.nor Vicente He was Estrada a dehas factoa deemed to
(1997)].
jurisdiction have
If over
he was been
the rendered
reprimanded
complaint inoperative
against for him. the Shouldby
same the
2.) The
Under
No Section
II. right
officer,
better Assistant
Simeon
since tohe2, be City
Article
Valera
had Treasurer
awas
appointed XI formerly
color ofCity
ofthecan Constitution,
electionreapply
Engineer. to and
a Provincial the
As new Constitution
charge
CTD's which be
petition was which
the basis
granted provides
or dismissed?of thatthe Reason with the
decision
the
held grounds
be appointed
Governor
office inofBarrozowho fortoran
Municipal impeachment
theand
vs. position,
Mayor
Civilwon are
as
Service bysince
a virtue
Memberthe of
Commission, pardon
ofthe the exception
ordering
briefly. (5%)hisofdismissal,
the officials Alfonso there Beltmentioned,
is not entitled "All
Graft and Corruption; Prescription of Crime
1
removed
House
decision
198 SCRA Culpable
the
of
in 487, the violation
disqualification
Representatives
election
the appointing of thehold
to
protest. Constitution
for public
authoritythe office.
Hence, is
he-means
Secondnotis other
to backpublicwages,officersbecauseand he was employeesfound guilty, mayand be
(2002)
intentional
Congressional
entitled
required tototheviolationemoluments
appoint District of
the theof
oneConstitution
of
lloilo. For and
the office.
next-in-rank tonot
violation fill aof removed
the penalty from was office
merely as provided
commuted. by law, (Delabut Cruz not
violations
Section 3 committed
vacancy. of the
He is Anti-Graft in good
allowed toandfaith.
fill Corrupt
it also Practices by the No impeachment."
by
vs. XII. Suppose
Court of Appeals, a Moreover,
public
305 SCRA officer underhas Art.
303 committed
(1998)]. VIII, sec, a
SECOND ALTERNATIVE ANSWER:
2
Act (R.A.
transfer Treason
of an No.3019), - the same
employee as who meaning
amended,possessesas inallegedly
thecivilRevisedSUGGESTED
violation
11, the powerof Section ANSWER: 3 (b) and
to remove The lower (c) ofcourt
petition theofAnti-Graft
CTD is
judges
Penal
2.) TheCode
Elective
committed
service Assistant
Public
eligibility.when City Officers;
he Treasurer
wasDestill Facto
cannot Officer;
reapply
a Provincial and Corrupt
should
vested be
in the Practices
dismissed.
Supreme Act {RA
Section
Court 21 enofNo, the 3019),
banc which, as by
3
and be Bribery
effects
Governor, appointed
(2004) a criminal - thetosame the
complaint meaning
position, was asfiled
Under in the Revised Ombudsman
Article
against amended,
the vote ofbyAct a receiving
vests the of
majority monetary
Office theand other
the ofmembers who
Liability For Damages in Performance of
Penal
36 ofbefore
him Code
the Revised the Office PenalofCode, a pardon doesfor
the Ombudsman Discipline;
material take
Ombudsman
actually Preventive
considerations
with in
part the Suspension
for
disciplinary contracts
deliberation authority on(1990)
entered
over
the issuesallinto
X-B. AVE
Official ran for Congressman
Functions (1990) of QU province.
4
not restore
which, Graft
upon the and a rightCorruption
findingto hold of -refers
public
probable to
officeprohibited
unless acts
cause, a by thehimcase
elective
in in and
and behalf
appointive
vote ofthereon,
the government
officials of the
can dismiss and lower in
However, his opponent, BART, was the one No. 6: In 1986, F, then the officer-in-charge of
enumerated
No.
such10:
criminal rightThecasebeinexpressly
the Anti-Graft
Secretary
was of
filedrestored
with and
Publictheby Corrupt
Works,
the pardon;
Sandiganbayan. Practices
after an Act.government,
connection
court judges. with
exceptother transactions,
officials who may asbe a result
removed of
proclaimed and seated as the winner of the Botolan, Zambales, was accused of having violated
5
investigation,
During othercourse High ordered Crimes - refer
the toSandiganbayan
demolition offensesofthatthe strikeonly
whichbyheimpeachment,
has amassedMembers illegally acquired of Congress, wealth. and
election the by the COMELEC. of trial, AVE the filed seasonably a the Anti-Graft and Corrupt Practices Act before the
at the very
fishpond
issued life
anoforder X as or orderly
a
of nuisance working
preventive of the
persuspension
se on government.
the ground for 90 the Judiciary. While CTD has the rank of a Justice
protest before HRET (House of Representatives Sandiganbayan. Before he could be arrainged, he
6
that it and Betrayal
encroached ofon Public Trust - refers
navigable riversto any and Law
of of Public Officers; Next-in-Rank Rule
days
Electoralagainst him.
Tribunal). After two years, HRET (a)the
was DoesCourt
electedtheof Appeals,
criminal
Governor
he does
offense of committed
not belong to
Zambales, After his
the
Discipline;
violation
impeded ofthe thePreventive
oath of
use theSuspension
of office. (Cruz, The
rivers. &Secretary
Philippine Appeal;
PoliticalJudiciary
(1994) but to the Executive Department. This
Representative
reversed the COMELEC’s Valera questioned decisionthe andvalidity
AVE was of prescribe? (2%)he was put under preventive
arraignment,
entitlement
Law,
submitted1998 ed., totothe salary
pp. 336-337;
Presidentpendente Bernas,
of the (2001) The 1987 a
Philippines simply
the Sandiganbayan
proclaimed finally order as on thethe duly groundelected that, No. 15means
suspension Pedro that hethe
by Cruz,
hasCity
the Sandiganbayan
the Engineer
same compensation
"for of theBaguio,
duration
Constitution
report of saidofinvestigation,
the Philippines: which A Commentary,
report contained 1996 and (b) Does the right
privileges as a ofJustice
the government
of the Court to recover
of
under Article VI
Congressman. Thus, , he Sectionhad only 16(3) one ofyeartheto retired.
of To fill the vacant position, the City Mayor
the trial".
ed., pp. libelous
clearly 991-992)matters adversely affecting the the illegally
Appeals. acquired wealth prescribe? (3%)
No XV
Constitution,
serve - Alfonso
in Congress. he canBeit, a supply officer
be suspended only by in thethe appointedIf the Jose Supreme
Reyes,Court a civil wereengineer
to investigate who
reputation of X, a well-known civic and religious (1) Can
CTD, it F successfully
would be performing challenge a the legality of
non-judicial
Department
House of Science andand
of Representatives Technology
that the criminal (DOST), formerly worked under Cruz but had been
Can AVE
leader in the collectcommunity. salaries and allowances from the function. his preventive This suspension
will violateofthe on the ground that the
was against
case charged him did not administratively.
arise from his actuations Pending SUGGESTED
assigned to the ANSWER:
Office theprinciple
Mayor of for the past
government for the first two years of his term as separation criminal case of against him
powers. involved
(Noblejas v. acts
Teehankee, 23
investigation,
as a member of hethe was House preventively
of Representatives. suspended for five years.
Congressman? committed
(a) A violation
SCRA 405 [1968]) during of Section
his term 3(b)
as officer-in-charge
and (c) of the Anti-
90 days.
The Supreme The DOST Court later Secretary foundfound that the him rivers guilty
Vicente
and
Graftnotand Estrada,
during
Corrupt histhe Assistant
Practices
term ActCity
as Governor? Engineer
prescribes. Asfiled
Should
and meted
were BART
man-made him the refund
andpenaltywere to constructed
the government
of removal from
on private the
office.
Is Representative Valera's contention correct? a
heldprotest with theAd-Hoc
in Presidential Civil Fact-Finding
Service Commission
salaries
He
property
appealed
Impeachment; and allowances
owned toby X. Civilhe
the
Nature; had received
Service
Grounds; Commission
PD 1606 as
Why? (5%) claiming
Committee
Elective that on being
Behestthe Loans officer next
v. Desierto, in 317 rank he
Congressman?
(CSC).
(1988) In the meantime, the decision was (2) Can FPublic validly Officer;
object toDe theFacto Officer
aforestated
(1) May X recover damages from the Secretary of SCRA
should
(2000) 272
have (1999),
been appointed
Article XI, as
Section
City Engineer.
15 of the
SUGGESTED
executed pending ANSWER: appeal. The CSC rendered a duration of his suspension?
What
Public
No. 14: 1. will
Works happen
What for the to costthe
is impeachment, bills
involved that in BART
rebuilding
what alone
are theby Constitution does not apply to criminal cases for
decision which modified the appealed decision No XVI. In the elections ofandMay 1992, Practices
Cruz and
The
authored
the contention
fishponds
grounds therefor, and andwere
of Representative
for approved
and wholost profits? by Valera
the
State House
is
your not of SUGGESTED
violation of the ANSWER:
Anti-Graft Corrupt
imposing only a penalty of are the highand
reprimand, officials
which 1) Who were
Santos has athe better right to for
candidates be the appointed
office ofto the
correct
Representatives
reason.
removable As held thereby? in Santiago
while he v. Sandiganbayan,
was seated as Act
decision became final. (1) No, F cannot
contested
Municipal position?
Mayor, successfully
the term of challenge
which was the
to expire
356 SCRA 636, the
Congressman? Reason suspension and explain contemplatedbriefly. (5%) in
(2)
2. Suppose X files
Presidential Decreea libelNo. suit against
1606 the
provides that legality
(b)
on Article
June of30, his preventive
XI,1995.
Section Finding15suspension
ofthat
thehe onby
Constitution
won thea
a) CanVI,
Article Alfonso
Section Belt 16(3) claim of the salary for the period
Constitution is a SUGGESTED ANSWER:
Secretary
Justices ofofthe Public Works. Will the
Sandiganbayan may saidbelibel removedsuit ground of
provides
margin that 20the
that thecriminal
votes, right case
theofMunicipal
the State against himofinvolve
to recover
Board
that his case
punishment that was pending by
is imposed investigation?
the Senate Why?
or
SUGGESTED
prosper?
only by Explain
impeachment. ANSWER:your answer. Is this Presidential Decree acts
1) On committed
properties
Canvassers the unlawfully
assumption
duringacquired
proclaimed his
that
Cruzterm
Jose as asthe
by Reyes
OIC
publicduly and
possessesnot
officials
elected
(3%) of Representatives upon an erring
House
still valid? Why? during
theemployees,
or minimum
Mayor. his
Santosterm qualification
asfrom
or
filed governor
an them
election because
or from protest their
member, it is distinct from the suspension under
immunize
No IIV.A group
- Suppose
the Secretary
of losing Congress
litigants
of Public passed
in Works
a caseafrom decided
law to his authority. Congress
Ombudsman: Power to intended
Suspend; to empower
Preventive the
liability
by
Implement
the forSupreme
libel.
the Constitutional
Court filed a complaint principle that before a Ombudsman
(1) No, X cannot
Suspension to suspend
(2004) recoverall officers,from
damages eventhe if they
the Ombudsman
public office is a public charging trust,
theby Justices
providingwith as are employed
Secretary in other
of Public Works.officesThe in the Government.
Secretary of
knowingly and deliberately rendering an unjust
follows: (6)
The Director
Publicwords
Works "subordinate"
WOW ordered failed thetheand lifestyle
"in his bureau"
demolition check
of the do
Local Elective
decision in utter violation Officials;of the penalLimitations
laws of the On conducted
not appear
fishpond in by in
thethe
the grant
Ombudsman's
performance of such power
of his Office tobecause
official the
duties.
"No employee of the Civil Service shall be excused
Additional
land. CanDuties the (1995)Ombudsman validly take WOWs
Ombudsman.
He did not assets act in were
badgrossly
faith ordisproportionate
with gross negligence. to his
from attending and testifying or from producing books,
cognizance of the case? Explain. salary
He issued and the allowances.
order onlyMoreover, after due some assets In
investigation.
No. 10: A City
records, Mayor in Metrodocuments
correspondence, Manila was designated or other
were
Mabutolnotv.included
Pascual, in 124
his Statement
SCRA 876,ofitAssets was held and
as Member
SUGGESTED of the
ANSWER: Local
evidence in any administrative investigation Amnesty Board (LAB) asPower to Issue Subpoena; validity of
Liabilities.
that the members
delegation He was of
(1989) charged
the Ad of Hoc graft and corrupt
Committee
allowed
concerningunder the officethe in whichRules he isand employed Regulations
on the
No, the Ombudsman cannot entertain the practices
created toand pendingPresidential
implement the completion Decree of No. 296
Implementing
ground that hisAmnesty testimonyProclamation
or the evidence Nos. 347 and
required ofNo. 17: Assume that under the charter of the City
complaint. As stated in the case of In re: Laureta. investigations,
and Letter of Instruction he was suspended No, 19, which fromordered
office forthe
348. may
him as amended by Proclamation
tend to incriminate him orNo. subject377. him The to LABaof Manila, the City Mayor has the power to
148 SCRA 382 [1987], pursuant to the principle of six months.of structures obstructing public
demolition
is entrusted
penalty or forfeiture;with the but his functions
testimony oforreceiving
any evidence andinvestigate city officials and employees appointed
separation of powers, the correctness of the A.
waterways, Aggrieved,could' not WOW be suedpetitioned
for damagesthe Court of
processingby him
produced applications
shall not beforused amnesty against himand in by him and in connection therewith, administer
decisions of the Supreme Court as final arbiter of Appeals
although to they annul the preventive
ordered the demolition suspension order
of a building
recommending
criminal prosecution to thebased Nationalon the Amnesty
transaction, Commission
matter oath, take testimony and issue subpoenas. The
all justiciable disputes is conclusive upon all other on
thatthe ground that
encroached uponthe aOmbudsman
creek, because could theonlypublic
approval
or or denial ofwhich
thing concerning the applications.
is compelled,The after term of themayor issued an executive order creating a
invoking
departments of the government; the Ombudsman recommend
officers concerned but notdid impose
not act theinsuspension.
bad faith.
Commission
his privilege against and, necessarily,
self-incrimination,the Local Amnesty
to testify orcommittee, chaired by "X", to investigate
has no power to review the decisions of the Moreover, according to WOW, the suspension
Boards under
produce evidence. it expires upon the
Provided, however,completion that of such (2) No, the libel
itsanomalies suit willlicensed
involving not prosper. The report
Supreme Court by entertaining a complaint was imposed without any notice inspectors
or hearing, in of the
assigned so
individual tasks as may
testifying shallbenotdetermined
be exemptby from submitted
theLicense by the Secretary
Inspection Division of
of Public
the Works
Office of to the
the City
against the Justices of the Supreme Court for violation of due process. Is the petitioner's
President. and punishment for perjury committed inTreasurer,
prosecution President constitutesIn the privileged
course of itscommunication,
investigation, "X"
knowingly rendering an unjust decision. contention meritorious? Discuss briefly. (5%)
so testifying nor shall he be exempt from demotion or subpoenaed as it was sent "Y", in theaperformance
private citizen of official
workingduty. as
removal
May the City fromMayor office.accept
Any employee
his designation who without refuses tobookkeeper of Asia Hardware. "Y" refused to
SECOND
testify ALTERNATIVE ANSWER:
forfeiting his elective position in the light ofAct
or produce any documents under this theshallappear
Article 354
SUGGESTED contending
of theANSWER: that the
Revised The Committee
Penal contention
Code provides; of
of "X" has
be dismissed
Article
provision XI,of Sectionfrom the
Sec. 7, 1st service,"
1 ofpar. theArt.1987
IX-B Constitution
of the 1987 no power to issue subpoenas.
Director WOW is not meritorious. The suspension Decide.
provides
Constitution that which public pertinently
officers must at allthat
states times"[N]obe meted out to him is preventive and not punitive.
"Every defamatory imputation is presumed to be
accountable
elective officialtoshall the be people.
eligibleSection 22 of the
for appointment or Section
SUGGESTED 24 of Republic ANSWER: Act No. 6770 grants the
malicious, even if it be true, if no good intention
Ombudsman
designation inAct anyprovides
capacity that to any thepublic
Officeoffice of the or Ombudsman the power to impose preventive
and justifiable
Yes, the committee motive forhas making no itpower
is shown, to except
issue
Ombudsman
position duringhas the power
his tenure?" to investigate
Discuss fully, any suspension up to six months. Preventive
in the following
subpoenas cases: to Carmelo vs, Ramos, 6
according
Suppose
serious misconductfurther, that allegedly Ong, a member committedof by the suspension maybe imposed without any notice or
Professional
officials removable Regulatory Board, is required
by impeachment for theto SCRA hearing.836. It is In creating
merely the committee,
a preliminary step inthe an mayor
SUGGESTED ANSWER: did not grant it the power to issue subpoenas.
answer
purpose questions of filingin a an investigation
verified complaint regarding fora 1. A private communication
administrative investigation and made is notby any person
the final
No, the
LEAKAGE City in Mayor
a may
medical not accept
examination.
impeachment if warranted. The Ombudsman can his designation Besides,
to another the in mayor
the cannot
performance
determination of the guilt of the officer concerned.delegate
of any his
legal, power
moralto
without
entertainforfeiting
the complaint his elective
for this positions.
purpose. As stated issue
or subpoenas.
socialv.duty;"
(Garcia Mojica, 314 SCRA 207 [1999]).
in Flores vs. Drilon 223 SCRA 568, it is the Prohibition
1. Can Ong refuse to answer questions on the In Deano v. On Elective
Godinez, 12 Officer
SCRA 483, to Hold it was Public
held
intention
Ombudsman; of Section Power 7,toArticle
Suspend; X-B Preventive
of the 1987 Office (2002)
ground that he would incriminate himself? [4%] that a report sent by a public official to his superior
Constitution (1996)
Suspension that local elective officials should B. For his part, the Ombudsmanbecause moved to
is VII.
No privileged
X was elected communication,provincial governor foritsa
2. Suppose
devote theirhe fullrefuses
time to to their
answer, and for thatWhile
constituents. dismiss WOWs petition. According to the
No. 10: paragraph
2) dismissed
An administrative complaint forheviolation submission
term of three is pursuant
years. toHethewas performancesubsequently of a
reason,
second is of from
Section the service,
7, Articlecan IX-B of the Ombudsman
of the Anti-Graft and Corrupt Practices Act against X legal duty. bythe
appointed the
evidence of guilt of WOW is
President of the Philippines
pausibly argue that the
1987 Constitution allowsCivilappointive
Service Commission officials to strong, and petitioner failed to exhaust
was
has filed
other with
holdinferred his theguilt Ombudsman.
fromallowed
his refusal Immediately
to answeror by in after serving
Besides,atinhersending pleasure, hisas concurrent
report, Presidential
the Secretary
offices when by law the administrative remedies. WOW admitted he filedof
taking
violation
primary of cognizance of
the Constitution? the
of their |3%] case and the affidavits Assistant
Public Works for Political
acted in Affairs the dischargein the Office of the
functions positions, no such no motion for reconsideration, but onlyofbecause his official
submitted to him, the Ombudsman ordered the President,
duties. without additional compensation.
exception is made in the first paragraph, which the orderHence,suspending he was him acting in behalf of the
was immediately
preventive suspension of XIt pending preliminary Republic ofShould the Philippines and within the
deals
3. with
Suppose, onXthe elective officials.
other hand, is the
hesuspension Intention
answers theorder, of executory. the motion to dismiss be scope
investigation.
the 1987 Constitution questioned to be the
more stringent with of X's
his appointment
authority According to the(5%) ruling in Sanders
question and on the the basis of his answers, Is
granted or not? valid?
Discuss (5%)
briefly.
contending
elective localthat officials. Ombudsman can onlyhesuspend is
v. Veridiano, 162 SCRA 88, a suit brought against
found guilty and is dismissed. Can
preventively subordinate employees in his own SUGGESTED he plausibly
a public officialANSWER: for writing a letter which is alleged
assert
office. that his dismissal is based on coerced to beappointment
The libelous but
SUGGESTED which
of X iswas
ANSWER: notwritten
valid, whilebecause he wasthe
ALTERNATIVE
confession? I3%] ANSWER:
acting
B. The as
position agent
of
motion toof the government
Presidential
dismiss Assistant
should and
be denied.for within
Political
Sincethe
Yes, he Ismay X correct? accept such designation without Affairs
Explain. scope
the of
is his
suspension a publicauthorityoffice.
of Director is actually
Article
WOWIX-B awassuitSection
against7the of
forfeiting his mayorship. The Constitutional provision the State withoutexecutory,
Constitution
immediately its consent.
provides he that
would nohave elective
sufferedofficial
SUGGESTED
being cited contemplates ANSWER: a "public office or position".
shall be eligible
irreparable injuryfor had appointment
he tried to exhaust or designation in
It is Xbelieved
No, is not correct. that the LocalinAmnesty
As held Buenaseda Board vs. is not any capacity
administrative to any
remedies public
before office
filing a or position
petition in
ALTERNATIVE ANSWER:
such an226
Flavier, office SCRA since
645.it under
is merelySection an 24 ad ofhoc body. during his tenure.ofAs
court (University theheld in FloresBoard of
Philippines
Besides, Act
Republic it is No.believed
6770, thethat its functions
Ombudsman can are not v. The question
Drilon,
Regents 223
v. does
SCRA
Rasul, not
200 568 specify
SCRA(1993), 685howsince the anlibel
[19910Besides, was
elective
"sovereign"
place under in charactersuspension
preventive which is one any of officer
the elements official committed.
the Ifinvolved
is ineligible
question the libelous
forisan statement legal.was
appointive
purely not v.
position,
(Azarcon his
of a public
under office.
his disciplinary authority pending an relevant to399
appointment
Bunagan, the report
isSCRA
not valid. on
365the alleged illegal
[2003]).
investigation. The moment a complaint is filed encroachment of the river, the fact that it was
Public
made inOffice;
the course Public of anTrust (1998)
official report(2003)does not
with the Ombudsman,
SUGGESTED ANSWER: the respondent is under Ombudsman; Power to Investigate
for judicial
No. 9: 2)confirmation
A, an employee
of its title over
of theten National 1. I disagree. seeks
incrimination Underto Section
prevent 7,isArticle XII of the of
the conviction
Treasurer,of retired
hectares timber lands.
on January
The company
10, 1996. boughtBefore Constitution,
the witness on a the
corporation
basis of or association
testimony which is
elicited
the
she land fromcollect
could "X" who in turn
her inheritedbenefits,
retirement it from histhe sixty him.
from percent
Theowned
rule isby Filipinowhen
satisfied citizens
he iscangranted
father
National"Y".Treasurer
The latter discovered
had been in that open,A notorious,
had been acquire private land, because it can lease public
immunity.
public
negligentandincontinued possession
the encashment of of the land
falsified treasury land and can therefore hold public land. However,
ALTERNATIVE ANSWER:
since 1925.
warrants. On what valid
It appears, grounds
however, that can
A had received it cannot acquire public land. Under Section 3,
all money and property clearances from the 1. In accordance
Article with Evangelista
XII of the Constitution, privatevs.corporations
Jarencio,
National
you, Treasurer
as Solicitor before her retirement.
General, oppose th 68
andSCRA 99, 107-108,
associations If Ong
can only lease is being cited
and cannot
application? e merely
acquireas a witness,
public land. he may not refuse to
ANSWER: answer. However, if the question tends to violate
Can the National Treasurer withhold the
his right against self-incrimination, he may object
retirement
A Solicito of General,
A pendingI determination
ca oppose ofthher Under Section 8, Article XII of the Constitution, a
to it. On the other hand, under the ruling in
snegligence
r in the encashment n of the falsifiede natural-born Filipino citizen who lost his Philippine
Chavez vs. Court of Appeals, 24 SCRA 663, 680,
treasury warrants? Explain. citizenship may acquire private land only and
If he is a respondent, Ong may refuse to answer
cannot acquire public land.
SUGGESTED ANSWER: any question because of his right against self-
incrimination.
2) In accordance with Tantuico vs. Domingo, 230
2. I disagree. The mere fact that a corporation is
SCRA 391 and Cruz us. Tantuico, 166 SCRA 670, SUGGESTED ANSWER:
religious does not entitle it to own public land. As
the National Treasurer cannot withhold the
2.
heldNoInOngRegister
cannot ofargue
Deedsthat vs. the
UngCivil
Siu Service
Si Temple,
payment of the retirement benefits of A pending
97 Phil.
Commission
58, 61, landinferred
tenure hisisguilt
not from
indispensable
his refusal
determination of her liability for negligence in the
to theto free
answer.
exercise
He was andnot enjoyment
dismissed of because
religious of
encashment of the falsified treasury warrants,
profession
his involvement
of worship. in the
Theleakage
religiousincorporation
the medical
because her retirement benefits are exempt from
can examination
own private landbut for
onlyhisifrefusal
it is at least
to answer.
sixty per
This
execution.
centisowned
a violation
by Filipino
of the citizens.
law. He could be
compelled to answer the question on pain of
being dismissed in case of his refusal,
3. I disagree. Under Section 1 of Presidential
because he was granted Immunity.
ARTICLE XII National Economy Decree No. 471, corporations and associations
In
ownedLefkowitz
by aliensvs. are
Turley.
allowed 414to U.S.
lease70, private
84, the
and Patrimony United
lands up States
to twenty-five
Supremeyears, Court renewable
held: for
another period of twenty-five years upon
"Furthermore, the accomodation between the
Acquisition and Lease of Public Lands agreement of the lessor and the lessee. Hence,
interest of the State and the Fifth Amendment
(1998) even if the religious corporation is owned by
requires that the State have means at its disposal to
aliens, it can lease private lands.
Express your agreement or disagreement with secure testimony if immunity is supplied and
any of the following statements. Begin your 4. I disagree.
testimony For refused.
is still a corporation'
This is to recognized
qualify to by the
answer with the statement: "I AGREE" or acquire private lands in the Philippines,
power of courts to compel testimony, after under
a grant of
"DISAGREE" as the case may be. immunity, by use of civil contempt andrelation
Section 7, Article Xn of the Constitution in coerced
to Section 2, Article
imprisonment. XII ofv.theUnited
Shilitani Constitution,
States,only384 US
1. Anyone, whether Individual, corporation or sixty per
364. 16 Lcent
Ed(60%)
2d 622.of the
86 corporation
5 Ct 1531 is(1966). requiredAlso,
association, qualified to acquire private lands is to be owned
given adequateby Filipino
immunity citizens
the State for itmay
to qualify
plainlytoinsist
also qualified to acquire public lands in the acquire
that private lands.
employees either answer questions under oath
Philippines. [2%] about the performance of their job or suffer the loss
2. A religious corporation is qualified t of
5. employment."
I agree. A foreign corporation can lease private
o have lands in the Philippines on which it may lands only and cannot lease public land. Under
build Its church and make other improvements SUGGESTED
Section 2, Article
ANSWER:
XII of the Constitution, the
provided these are actually, directly and exploration, development and utilization of public
exclusively used for religious purposes. [2%] 3. Jes Ong can argue that his dismissal was based
lands may be undertaken through co-production.
on coerced confession. In Garrity vs. New Jersey,
3. A religious ANSWER:
corporation cannot lease private Joint venture or production-sharing agreements
SUGGESTED 385 U.S. 493, 500, the United States Supreme
lands In the Philippines. [2%] only with Filipino citizen or corporations or
Court held: "We now hold the protection of the
1. No, Ong cannot refuse to answer the question associations which are at least sixty per cent
4. Athe
religious individual under the Fourteenth Amendment
on groundcorporation canincriminate
that he would acquire private
himself, owned by Filipino citizen.
against coerced statements prohibits use in
since the law grants him immunityalland
lands in the Philippines provided its members
prohibits
are use
citizens of the Philippines. [2%] subsequent criminal proceedings of statements
the against him in a criminal prosecution of
obtained under threat of removal from office, and
the testimony or evidence produced
5. A foreign corporation can only lease by private
him. As
that it extends to all, whether they are policemen or
stated by the United States
lands in the Philippines. [2%] Supreme Court in Acquisition of Lands (1987)
other members of the body politic."
Brown vs. Walker. 161 U.S. 591, 597, what the
SUGGESTED ANSWER: No. XV: On March 1, 1987, "ABC" Corporation,
constitutional prohibition against self-
a company engaged in the export trade, applied
Retirement Benefits (1996)
domain.
of
limited
SUGGESTED
Ownership
connection
the public toUnder
Filipino
with
Requirement
domain.
ANSWER;
ANSWER;
Section
agrarian
citizens, It is
7,reform,
alienable
Article
save
of Mass inlands
XIIcasesand
Media
of the devoted 1987
(1989) to the
accident
Section
corporation
According
2) Theoccupants consequent
7,without
SUGGESTED
Deed Article
toinvolving
Manila
oftoSale leaving
vacate
XIIANSWER:
danger
Prince
of
technical
the
cannot the
a last Constitution
Hotel
tostructures
be life
will
and
The v.
and
and
financial
lawlimb
annulled. within
testament.
against
is cannot
valid
As five
held as
Constitution,
disposable
prescribed
such purposes by
land.an law.
were
alien
JoelHere not
and
canthe included.
acquire
Michelle
treaty public However,
hasacquired theland force
both
theby of theCheesman
assistance
Government
days
in acquisition
from
under be notice,
ignored.
for Service
Article the
of
vs.private
otherwise
exploration
XII,It Insurance
isSection
Intermediate paradoxical
lands they and
2bySystem,
would
of aliens.
exploitation
that1987
Appellate
the be a267right
evicted
Court, of
Yes, position
The an alien of can thebeDepartmenta lessee ofofprivate Public Works
hereditary
rights
law.
the lawofand their succession.
the predecessors-in-interest
implementing Under Section order are 8,
byArticle
virtue XII of minerals,
SCRA
and
193 relocated
SCRA 408,
which
Constitution,but the
93. there
is
and national
to claimed
their
should
accord
the shanties
patrimony
totobe
exploration, have
Johnno removed,
been
Jointrefers
Smith, venture.
violated
development, not
an inalien, is
No. 11: (1)land.
agricultural
and Highways A
and domestic
As ofstated
the local corporation
in Krivenko
government vs.withunit 30% is Now,
2) BecauseX brought of thesuit naturalization
to recover of thePeter land Co on as thea
of the
the
constitutional
sale 1987 to them. Constitution,
insofar as they a natural-born
included fishponds. Philippine Section
only
order
the rightto that
and our
one
2,utilization
the
Article
natural
to that parcel
have cannot,
XIIresources
ofaofnatural
land
the in the
decisive Constitution
could
but first
resources also
be
voteplace,converted
toasauthorizes
oureven
shall to be be
the
(2) Art. As
foreign
Register
correct. XII.
equity
of held Sec.in
Deeds proposes
10
Export provides
of Manila, to79that
Processing publish
Phil.Congress461
Zone a (1947),
weekly shall ground that
Filipino citizen, B, being he can an alien, exercise wasthe not option qualified to
citizen
The definition
who lostofhis agricultural
Philippineland citizenship
which the may be the
cultural
into President
aunder
disposition parkinvoked,
heritage.for
of to
the public
the enter
fullif itcontrol
landis,
useinto
inwould
and
fact,
agreements
and enjoyment.
extant.
permit Based
supervision with
an Theof on
indirectthe
Joel and
reserve
magazine
aliens
Authority canMichelle
tofor
v. lease citizens
general
Commission can have
private circulation the land
ofagricultural
onthe Human Philippines registered
in Rights,
Metro
land, 208or into
Manila to buy thethe
purchase land land. when In B accordance
and A jointly with bought
the ruling the
a transferee ofCommission
Constitutional private land.adopted The younger included sister of Nationalized
foreign-owned
inhabitants
controversion
State.the circumstances
of
It isActivities
thecorporations
of
also parcel
the provided (1994)
of obtaining
land
involving
constitutional that complained
theintechnical
this
State
prohibition to the
may or
their names.
corporations
which
because
SCRA125 will they feature
(1992), They
orare associations
the
no
granted were
lifestyles
provision natural-born
temporaryatin
ofleast the Constitution
the rich
60%
rights Filipino
and of the
only the land
in Yap from vs.him Grageda, and that, 121upon SCRA the244. death sinceof C,he theis
the husband of Maria is not acquiring the private
fishponds. financial
Commission
against instance,
directly
theassistance on Human
acquisition
undertake thefor CHR ofthe
Rights
such order
exploration,
private urging
activitiesfor
lands demolition
that
or the
maydo
byitaliens.
citizens
capital
famous.
andany
or thislaw at
ofMay
is notthe
which
confers time
this is
prohibitedbe of
owned their
done?
on theby acquisition
by Cite
Commissionsuch the
the Constitution. of
citizens the
constitutional
on Human land.
certain 1)
land Give
qualified wasatoinherited business
own land, by activity
the hispolicy the toequity
parents but Bof cannot
preserve which
lands
land by hereditary succession but by sale. Neither development,
Mayor ofnot
enter Quezonfalland
into within City
utilization
co-production, thebe compartment
stopped ofjointminerals.from
venture of
doing
However,
human
or
In any of
areas
provision
Rights event
in
investment.
jurisdiction point. theytowere issueThere Filipino can citizens
temporary be restraining
no questionat the must
legally
for be
Filipinos owned
acquire willand/or by Filipino
be achieved. inherit it. citizens:
is she a former natural-born Philippine citizen who the same
what herights
sharing has provision
threatened
violations
agreements states involving
towiththe
do. joint Thecivil
Filipino venture
Commission
and
citizens political
for the or
time as
then
orders ofor to their
writs theofacquisition
validity
preliminary of the of
injunction.the land.
Nationalization The Theirof
SUGGESTED
Commission
lost her Philippine ANSWER:
on citizenship.
Human Rights; Consequently, Power to How
exploration,
on Human a) Rights,
should
rights
corporations the atcase
development
intended least
after
or 60%
be
by decided?
conducting
associations, and
the Constitution.
utilizationatanIfleast
X of filed
natural
60%(Simon the
becoming
Retail
Commission TradeCanadian Law,
on Human citizens
the constitutionality
Rights has subsequently
no of which was
judicial is
investigate
neither of the(1992) exceptions found in the above- Citizenship
suit against
resources
investigation v. Commission
may
Filipino-owned. Requirement
C be
and when
finding
undertaken the
on that
Human in
latter
the Management
only waswithstill
shanties
Rights, ofalive,
Filipino
G.R. of
No.
National
(1) No,Its
immaterial.
sustained
power. theEconomy
incorporation
powers Article
Ichong are &XII,Patrimony;
v.merelycannot
Sec.
Hernandez, publish
8 Constitutional
investigatory. of
101the aPhil.weekly
1987
1155 Acquisition b) of at Lands;least 70% Citizenship issue (1995)
application
mentioned for confirmation
provisions is applicableoftotitle her. on the Advertising
would your
citizens,
petitioners 100150,
or were Industry
answer
corporations January
already be the (1989)or5,same?
being associations
1994) Why? at
demolished (5%) least
by
No.
Prohibition
magazine
Constitution
(1957) 15even -Walang
since (2004) it is(8-b)
presupposes
in the Sugat,
engaged
absence B. thatEAP ain is
of a vigilante
the
they a government
operation
similar purchased group
express of
ground that under Art. XII, Sec. 3 timber sixty per
then, c)cent of
ordered the 100%
whose
Quezon capital City is Mayorowned and bypersons
Filipino
composed
corporation
a
themass
grant land ofafter media
powerofthey
created private
and forCongress
lost
to is
the businessmen
Filipinonotpurpose wholly
citizenship.
under and
of reclaiming
owned the It doescivic
by
1935 SUGGESTED
No. 11: (2) May
Furthermore, ANSWER:a the foreigner President whomay owns entersubstantial
into
lands cannot be alienated. The ruling in No 11; In June
citizen.
Implementing his1978 orderspouses to ceaseJoel and desist and Michelle from
leaders
lands
Philippine
not apply
Constitution. previously
includingincitizens.
this casevictimized
foreshore
Although at all. and submerged
Congress by the can Nationalist areas, or
repeal as 2) Give
stockholdings two cases
agreements in with ain which
corporation
foreign-owned aliens engaged maycorporations
be allowed in the
Director of Lands v. IAC, 146 SCRA 509 X cannot recover
purchased
demolishing a parcel
petitioners' the land of whether
shanties land. under Lotfrom No.
pain C ofor 143, A
Commission
Patriotic
well
amend as to Army
such develop, on(NPA)
law, Human rebel
improve,
it may Rights;
group,
notacquire, be Power;
was lease
amended implicated
andbysell to acquire
advertising
involving equity
industry
technicalin a sit business
oras financiala activity
treasurer but of
assistance cannot said
for
Section
(2) No, Maria
(1986), 11(1),
and cannot Article
Director XVI
buyof of
the the
Lands 1987
adjoining parcel of a
v,Constitution
Bengzon, and (b)
Cadastral
contempt. B.Can Under Survey
the CHR ArticleNo.issue IV, an
38-D, Section
with
"order an1toarea (2)
desist" of
of the 600
or
Limitations
in
any the
treaty and torture
in all
view (Q4-2005)
kinds and
of of
Art. kidnapping
lands.XII, A
Sec. lawof was
22 Dr. Mengele,
passed
which declares a participate
corporation?
large-scale in the management
Citeexploration,the constitutional thereof?provision
development, and in
land.
provides;
No. Under
54045, "The Section ownership 2 of 1987, Batasand Pambansa management Blg. of Constitution,
squarerestraining
meters C order?
for
is atheir Filipino
SUGGESTED
residence citizen in since Cainta,
ANSWER: his father Rizal, The
Acquisition
(2)
known Squatters
transferring
acts of NPA
circumvent ofJulyand
Lands;
sympathizer.
title to EAP or
28,
vendors Prohibition;
of
negate lands have
any already
reiterated
put
provisions acquisition
upreclaimed of
in
this of
in What have you
point.utilization to say onpetroleum
of minerals, the validity and other of the
mass
185,
Director a media
natural-born
of shall Philippine
Lands be limitedcitizen
v.intended
Manila to citizens
Electric who Co., lostofG.R, the
his Expropriation
is a CHR
from Filipino.
Cecille maywho When
notof by Public
issue Aherself
and anUtilities
B
"order donated
and to
her(1992)
desist"
the land
predecessor- or to
private
structures
the
Art. foreshore
XII lands
to in be an by
and area aliens
offshore
inimical (1994)
to areas for
national a People's
of MM Bay, Park,
interest and actuation mineral of the oils,Commission
according toonterms Human andRights conditions in
b)
No. Does
Philippine
Philippines,
57461, the Commission
citizenship,
or Sept.to corporations,
11, may on
1987, Human
acquire to inRights
cooperatives
only
the up have
effect toor SUGGESTED
C, itrestraining
in-interest
became had ANSWER:
order.
property beenThe ofin aconstitutional
open,
Filipinopublic, citizen. provision
peaceful,
As held
which
particularly
subject arethe impeding
the offenders
so-called the flow toof
Liberty traffic
Islands,
criminal theas
and alienable
civil No. 11
relation -to
provided The that Philippine
of the
by law.Quezon A Commodities City Mayor?
state corporation, Office (PCO),
unlike a
No.18;
the
that power
associations,
1,000 aJohn
square Smith,
to
corporation investigate
wholly-owned
meters aofUS national,
private
is and and
urban
entitled was
adjudicate
managed
land. married
to Since the
the byto directing
in Halili
continuous v. Court the CHR
and of to
exclusive provide
Appeals, for
287preventive
possession SCRA of 465 the
adjoining
and disposable
sanctions. highway. For lands Mayor of the
then Cruz public
the gave notice Titles
domain.
Retail forTrade
the 1)
a a)private
Section At11(1),
government least sixty per
Article
agency,
corporation, XVI cent
wishes of the
may (60%)
be to1987 of Constitution
establish
created thebyequityaspecial
direct
Petra
matter?
Maria
such
confirmation de
citizens."
has Jesus,
previously a
of imperfect Filipino
acquired citizen,a parcel on June
of land 5, SUGGESTED
measures
(1998),
property the under sale ANSWER:
to athose
of landwhose
bona tofide an alien human
claim can ofrightsownership
no longer have
structures
were duly issued
Nationalization to be removed, Lawin EAP's becomes and
name. thetitle
partareaof to lands
vacatedArt. no XII, of thelaw
provides;
computer entities andplaced
and engaged
fax linkup under inwith the
thetradingfollowing
controlcenters ofbusiness
the in the
1980.
with
acquiredanTwo area by (2)
ofit1,000 years
from later, meters,
square
private Petraindividuals purchased
she can a been
be annulled
long before violated if 12 it has orJune need
been1945. protection
conveyed At may to a not
the Filipino
time be of
SUGGESTED
within
having a been
month, ANSWER;
or else,pursuant
passed face demolition to the and whoin
mandate must
The
United beStates.
actuation
President, ownedsubject of
The bytheFilipino suchcitizens
Commission
advanced
to technology
conditions onunder Human
as the the
of a
parcel
longer
have of residential
purchase
possessed any land from
additional
the same Jose parcel
for 30 Cruz ofusingurban her (2) No,
construed
citizen.
purchase, a foreigner
Since theC tospouses
confer
left who
no will owns
Joelandshares
jurisdiction and
his parentson of
thestock
Michelle arewere in
hisa
ejectment.
Sec. 10. citizens; The occupants filed a case with years, the Constitution.
Rights
private is void.
creating company,
statute In Simon may provide.vs. CommissionPacific
Philippine on
Chinese
b)
own
land.
under Under
funds. bona TheSection
fide Deed engaging
claim 18,Sale
of of instates
Article
ownership, retailXIII thattrade of (Q4-
the
for the
land
the corporation
heirs,
then Commission
in accordance
natural engaged
borntoFilipino issue in acitizens.
with the advertising
restraining
Article XII, Section order industry
or7writ of
Commission on Human Rights (CHR) to stop the Human
Telecommunications,Rights, 229 SCRA is necessary 117. the for that Court purposeheld
2006)
Constitution,
was
reason sold that to the
"Petra
such Commission
married
persons toare on John Human
presumed Smith" Rightsand cannot 1
serve
the ofConstitution,
injunction asCo-production,
treasurer
for, Bit that can were inacquire
the Joint
the venture,
the landor
corporation,
intention, for
the bya
Alternative
Subsequently,
Mayor's move. Answer: EAP entered into a joint venture to that the Commission
but negotiations between on Human the parties Rights have hasfailed. no
State
However,
has
was
have the whether
power
registered it mayto oralso
as notconditions
investigate
such. bethe With following
plausiblyallthe forms argued
knowledgelaws
of human areofa
that treasurer production-sharing
Constitution
hereditary issuccession.
an executive would have oragreement
managing
expressly officer. with
said the so.
agreement (JVA) with ARI, a private foreign to a
performed all essential In February
power
The to issue
Republic, 1987 in a the spouses
restraining
behalf of the filed
order
PCO, an application
orfiles a writ suit ofto
constitutional.
Yes,
rights
treaty
John she
government may
Smith, can
violations Explain
acquire
amend
Petra involving abriefly.
the
administered
grant Liberty adjacent
civil
prior
and, Islands. and
law therefore, has
theland political
andland, which treatyrights
areof
leasing State foristhe
Jurisdiction exploration,
conferred only development,
by the Constitution
corporation, to develop for registration
injunction
compel and has
the of theirno title
telecommunications power before to cite thefor proper
companycontempt court. to
4.
an
and
partsarea
friendship,
to A of law
monitor
thereof 400
comityprohibiting
square
the
to compliance
and
several Chinese
meters
commerce since
by
individuals. citizens
the the
with law from
government limits
Indonesia
Three (3) or byand
ARTICLE law. utilization
It is never of derived
natural resources
by implication.
entitled
The CHR
Additionally, to the the
then JVA issuance
issued
provided an of forathe
"order certificate
desist" of
toreclamation Thisviolation
for
execute time Section
a ofXIII
however
contract 11(2),
the SocialJoel Article
restraining
with and
PCO JusticeXVI
Michelle
order
for oforthe
PCO's and
awere 1987
writ
access no
of
engaging
acquisition
with
may
years
title, be
applies in
international
deemed
later, ofretail
lands
Petra,only trade.
to to
treaty
have
without (2%)
1,000
to agricultural created
the SUGGESTED
square
obligationsknowledge an meters
on
exception human
of after
John in Acquisition
(Export (Section of Lands;
Processing 2, Article Zone XII)Authority
Citizenship issuev. (1989)
land inlands. Human 2of Rights
of 250against hectares Mayor of Cruzsubmerged with warning that
the he area longer
preliminary Constitution
useFilipino citizens.
injunction. provides: The
The government opposed
ANSWER:
the loss
rights. Asof
Nationalization The
Philippine
held law
Smith, sold the land to David Perez. Upon in is
of invalid
citizenship.
Carino
Retail as
Trade
vs. it singles
Commission
Law inout favorand on of
and
Commission
the company's
Operation
on Human Agrarian a cease
facilities.
of Rights, Reform
public G.R.
and
utilityLaw;
No.
desist
would beLiberty
surrounding held inIslands. contempt EAP should agreed he to failsellto their
order, application
according for to registration
the Court, alleging
is a that
semantic they
Acquisition
deprives
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learning Rights,
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of citizen.
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101476, "The
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and comply
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business industry
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fishponds share in in
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