Documentos de Académico
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No 7 - On 29 July 1991. the Energy Regulatory Board (ERB), in response to public clamor,
issued a resolution approving and adopting a schedule for bringing down the prices of petroleum
products over a period of one (1) year starting 15 August 1991, over the objection of the oil companies
which claim that the period covered is too long to prejudge and foresee. Is the resolution valid?
SUGGESTED ANSWER:
No, the resolution is invalid, since the Energy Regulatory Board issued the resolution without
a hearing. The resolution here is not a provisional order and therefore it can only be issued after
appropriate notice and hearing to affected parties. The ruling in Philippine Communications Satellite
Corporation vs. Alcuaz, 180 SCRA 218, to the effect that an order provisionally reducing the rates which
a public utility could charge, could be issued without previous notice and hearing, cannot apply.
No. 9: A. After 2 February 1987, the Philippine National Bank (PNB) grants a loan to
Congressman X. Is the loan violative of the Constitution? Suppose the loan had instead been granted
before 2 February 1987, but was outstanding on that date with a remaining balance on the principal in
the amount of P50,000.00, can the PNB validly give Congressman X an extension of time after said date
to settle the obligation?
SUGGESTED ANSWER:
A. Whether or not the loan is violative of the 1987 Constitution depends upon its purpose. If it was
obtained for a business purpose, it is violative of the Constitution. If it was obtained
for some other purpose, e.g., for housing. It is not violative of the Constitution because under
Section 16, Article XI. Members of Congress are prohibited from obtaining loans from government-
owned banks only if it is for a business purpose. If the loan was granted before the effectivity of the
Constitution on February 2, 1987, the Philippine National Bank cannot extend its maturity after February
2, 1987, if the loan was obtained for a business purpose. In such a case the extension is a financial
accommodation which is also prohibited by the Constitution.
(b) Gen. Renato de Silva did not violate the Constitution when he immediately assumed office before the
confirmation of his appointment, since his appointment was an ad interim appointment. Under Article
VI I, Sec. 16 of the Constitution, such appointment is immediately effective and is subject only to
disapproval by the Commission on Appointments or as a result of the next adjournment of the Congress.
(c) The appointment and designation of Gen.de Silva are valid for reasons given above.
However, from another point of view they are not valid because they were made within the
period of the ban for making appointments. Under Article VII, Sec. 15 the President is prohibited from
making appointments within the period of two (2) months preceding the election for President and Vice
President. The appointment in this case will be made on May 3, 1992 which is just 8 days away from the
election for President and Vice President on May 11, 1992. For this reason the appointment and
designation of Gen. de Silva are after all invalid. [Note: May 3, 1991 and May 17, 1992 are Sundays.
However the Committee finds no relevance in the fact that these are holidays and therefore decided to
ignore this fact.]
(b) The pardon is void, since Luis Millanes was convicted for the commission of an election
offense and his pardon was not made upon the recommendation of the COMELEC. Under
Article IX, C, Sec. 5 of the Constitution, no pardon for violation of an election law may be granted
without the favorable recommendation of the COMELEC.
(d) Under Sec. 6 of the Electoral Reforms Law, any candidate who has been declared by final
judgment to be disqualified shall not be voted for, and votes cast for him shall not be counted.
If before the election he is not declared by final judgment to be disqualified and he is voted for and he
receives the winning number of votes, the hearing on the question of disqualification
should continue. Upon motion of the complainant or any intervenor, the court or the COMELEC may
order the suspension of the proclamation of the winning candidate if the evidence of his guilt is strong.
(b) Under Sec. 28 if the proof affects at least 20% of the precincts of the municipality, city or
province to which the public office aspired for by the favored candidate relates, this shall
constitute a disputable presumption of the involvement of the candidate and of his principal campaign
managers in each of the municipalities concerned, in the conspiracy.
(b) RETORSION is a legal but deliberately unfriendly act directed by a state against
another in retaliation for an unfriendly though legal act to compel that state to alter its unfriendly
conduct. An example of retorsion is banning exports to the offending state.
(e) CONTINENTAL SHELF of a coastal state comprises the sea-bed and subsoil of the
submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land
territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the
"baselines from which the breadth of the territorial sea is measured where the outer edge of the
continental shelf does not extend up to that distance.
(f) EXEQUATUR is an authorization from the receiving state admitting the head of a consular post to the
exercise of his functions. For example, if the Philippines appoints a consul general for New York, he
cannot start performing his functions unless the President of the United States issues an exequatur to
him,
(g) The principle of DOUBLE CRIMINALITY is the rule in extradition which states that for a
request to be honored the crime for which extradition is requested must be a crime in both the
requesting state and the state to which the fugitive has fled. For example, since murder is a crime both
in the Philippines and in Canada, under the Treaty on Extradition between the Philippines and Canada,
the Philippines can request Canada to extradite a Filipino who has fled to Canada.
(h) PROTECTIVE PERSONALITY principle is the principle by which the state exercise jurisdiction over the
acts of an alien even if committed outside its territory, if such acts are adverse to the interest of the
national state.
(i) INNOCENT PASSAGE means the right of continuous and expeditious navigation of a
foreign ship through the territorial sea of a state for the purpose of traversing that sea without
entering the internal waters or calling at a roadstead or port facility outside internal waters, or
proceeding to or from internal waters or a call at such roadstead or port facility. The passage is innocent
so long as it is not prejudicial to the peace, good order or security of the coastal state.
(j) JUS COGENS is a peremptory norm of general international law accepted and recognized by the
international community as a whole as a norm from which no derogation is permitted and which can be
modified only by a subsequent norm of general international law having the same character, An
example is the prohibition against the use of force.
ADMINISTRATIVE LAW
Admin Law; Exhaustion of Administrative
Remedies (1991)
No. 9: B, For being notoriously undesirable
and a recidivist, Jose Tapulan, an employee in
the first level of the career service in the Office
of the Provincial Governor of Masbate, was
dismissed by the Governor without formal
investigation pursuant to Section 40 of the Civil
Service Decree (P.D. No. 807} which authorizes
summary proceedings in such cases.
As a lawyer of Jose what steps, if any,
would you take to protect his rights?
SUGGESTED ANSWER: