POLITICAL LAW

1. What is the state policy on ecology? 2%

2. To address the pervasive problem of gambling, Congress is considering

the following options: (1) prohibit all forms of gambling; (2) allow
gambling on Sundays; (3) allow gambling only in government-owned
casinos; and (4) remove all prohibitions against gambling but impose a
tax equivalent to 30% on all winnings.

(a). If Congress chooses the first option and passes the corresponding law
absolutely prohibiting all forms of gambling, can the law be validly
attacked on the ground that it is an invalid exercise of police power.
Explain your answer. (2%)

(b). If Congress chooses the last option and passes the corresponding law
imposing a 30% tax on all winnings and prizes won from gambling,
would the law comply with the constitutional limitations on the exercise
of the power of taxation? Explain your answer. (3%)

3. Crack agents of Manila Police Anti-Narcotics Unit were on surveillance of

a cemetery where the sale and use of prohibited drugs were rumored to
be rampant. The team saw a man with reddish and glassy eyes walking
unsteadily towards them, but he immediately veered away upon seeing
the policemen. The team approached the man, introduced themselves as
police officers, then asked what he had in his clenched fist. Because the
man refused to answer, a policeman pried the fist open and saw a plastic
sachet filled with crystalline substance. The team then took the man in
custody and submitted the contents of the sachet to forensic
examination. The crystalline substance in the sachet turned out to be
shabu. The man was accordingly charged in court.

During the trial, the accused:

(a) Challenged the validity of his arrest; and

(b) Objected to the admission in evidence of prohibited drug, claiming
that it was obtained in an illegal search and seizures.
Decide with reasons. (5%)
4. The KKK Television Network (KKK-TV) aired the documentary, “Case Law:
How the Supreme Court Decides, without obtaining necessary permit
 required by P. D. 1986. Consequently, the Movie and Television Review
Classification Board (MTRCB) suspended the airing of KKK-TV programs.
MTRCB declared that under P.D. 1986, it has the power of prior review
over all television programs, except “newsreel” and “program” by the
Government”, and the subject documentary does not fall under either of
these two classes. The suspension order was ostensibly based on
Memorandum Circular No. 98-17 which grants MTRCB the authority to
issue such an order.

KKK-TV filed a certiorari petition in court, raising the following issues:

The act of MTRCB constitutes a “prior restraint” and violates the

constitutionally guaranteed freedom of expression. (5%)

5. Juan Casanova contracted Hansen’s disease (leprosy) with open lesions.

A law required that lepers be isolated upon petition of the City Health
Officer. The wife of Juan Casanova wrote a letter to the City Health
Officer to have her formerly philandering husband confined in some
isolated leprosarium. Juan Casanova challenged the constitutionality of
the law as violating his liberty of abode. Will the suit prosper? (3%)

6. JC, a major in the Armed Forces of the Philippines, is facing prosecution

before the Regional Trial Court of Quezon City for the murder of his
neighbor whom he suspected to have molested his (JC’s) 15-year old
daughter.

Assume that upon being arraigned, JC entered a plea of guilty and was
allowed to present evidence to prove mitigating circumstances. JC then
testified to the effect that he stabbed the deceased in self-defense
because the latter was strangling him and that he voluntarily surrended
to the authorities. Subsequently, the trial court rendered a decision
acquitting JC. Would an appeal by the prosecution from the decision of
acquittal violate JC’s right against double jeopardy? Why or why not?
(3%)

7. Warlito, a natural-born Filipino, took up permanent resident in the

United States, and eventually acquired American citizenship. He then
married Shirley, an American and sired three children. In August 2009,
Warlito decided to visit the Philippines with his wife and children:
Johnny, 23 years of age; Warlito, Jr, 20; Luisa, 17.
 While in the Philippines, a friend informed him that he could acquire
Philippine citizenship without necessarily losing U.S. nationality. Thus,
he took the oath of allegiance required under R.A, 9225.

(a). Having reacquired Philippine citizenship, is Warlito a natural-born or

a naturalized Filipino citizen today? Explain your answer. (2%)

(b). With Warlito having regained Philippine citizenship, will Shirley also
become a Filipino citizen? If so, why? If not, what would be the most
speedy procedure for Shirley to acquire Philippine citizenship? Explain.
(3%)

(c). Do the children Johnny, Warlito Jr and Luisa become Filipino

citizens with their father’s reacquisition of Philippine citizenship? Explain
your answer. (2%)

8. The Supreme Court has provided a formula for allocating seats for party-
list representatives.

(a) The twenty percent allocation – the combined number of all party-list
congressmen shall not exceed twenty percent of the total membership
of the House of Representatives, including those elected under the
party-list;

(b) The two percent threshold – only those parties garnering a minimum
of two percent of the total valid votes cast for the party-list system are
qualified to have a seat in the House of Representatives;

(c) The three-seat limit – each qualified party regardless of the number of
votes it actually obtained, is entitled to a maximum of three sets; that
is, one qualifying and two additional seats;

For each of these rules, state the constitutional or legal basis, if any,
and the purpose.

9. Suppose there are 202 members in the House of Representatives. Of this

number, 185 belong to the Progressive Party of the Philippines (PPP),
while 17 belong to the Citizens Part (CP). How would you answer the
following questions regarding the representation of the House in the
Commission on Appointments?
 (a). How many seats would the PPP be entitled to have in the Commission
on appointments? Explain. (3%)

(b). Suppose 15 of the CP representatives, while maintaining their party

affiliation, entered into a political alliance with the PPP inorder to form
the “Rainbow Hous Coalition” in the House. What effect, if any, would
this have on the right of the CP to have a seat or seats in the
Commission on Appointments? Explain your answer fully. (3%)
10. Suppose the President submits a budget which does not contain provisions
for Countrywide Development Funds (CDF) popularly known as the pork barrel
and because of this Congress does not pass the budget.
(a). Will that mean paralization of government operation in the next fiscal year
for lack of an appropriation law? (2%)
(b). Suppose in the same budget, there is a special provision in the
appropriation for the Armed Forces authorizing the Chief of Staff, AfP subject
to the approval of the Secretary of National Defense, to use savings in the
appropraitions provided therein to cover up whatever financial losses suffered
by the AFP Retirement and Separation Benefits System (RSBS) in the last five
years due to alleged bad business judgment. Would you question the
constitutionality of the special provision?
11. The USS Liberty, a warship of the United States entered the Philippine
archipelagic waters on its way to Australia. Because of the negligence of the
naval officials on board, the vessel ran aground off the island of Palawan,
damaging coral reefs and other marine resources in the area. Officials of
Palawan filed a suit for damages against the naval officials for their negligence
and against the U.S. based on Articles 30 and 31 of the UNCLOS. Art. 31
provides that the Flag State shall bear international responsibility for any loss
or damage to the Coastal State resulting from noncompliance by a warship
with the laws and regulations of the coastal State concerning passage through
territorial sea. The U.S. government raised the defenses that:
(a). The Philippine courts cannot exercise jurisdiction over another sovereign
State, including its warship and naval officials. (2.5%)
(b). The United States is not a signatory to UNCLOS and thus cannot be bound
by its provisions. (2.5%)
Rule on the validity of the defenses raised by US with reasons.
12. On February 24, 2006, President Gloria Macapagal Arroyo issued
Proclamation 1017 declaring a state of national emergency. Is this
Proclamation constitutional? Explain. (5%)
13. What is the composition of the Judicial and Bar Council and the term of
office of its regular members? (2%)
14. Distinguish between an appointment in an acting capacity extended by a
Department Secretary from an ad interim appointment extended by the
President. (2%)
15. The Philippine National Bank was then one of the leading government-
owned banks and it was under the audit jurisdiction of the Commission on
Audit. (COA). A few years ago, it was privatized.
What is the effect, if any, of the privatization of PNB on the audit jurisdiction of
the COA?
16. MADAKO is a municipality composed of 80 barangays, 30 west of Madako
River and 50 east thereof. The 30 western barangays, feeling left out of
economic initiatives, wish to constitute themselves into a new and separate
town called Masigla.
(a). Granting that Masigla proponents succeed to secure a law in their favor,
would a plebiscite be necessary or not? If it is necessary, whou should vote or
participate in the plebiscite? Discuss briefly. (3%)
(b). Suppose that one year after Masigla was constituted as a municipality, the
law creating it is voided because of defects, would that invalidate the acts of the
municipality and/or municipal officers. Explain briefly.
17. Suppose a public officer has committed a violation of Sec. 3 (b) and (c) of
the Anti-Graft Practices Act (R.A. 3019), as amended, by receiving monetary
and other material cownsideration for contracts entered into by him in behalf
of the government and in connection with other transaction, as a result of
which he has amassed illegally acquired wealth.
(a). Does the criminal offense committed prescribe? (2%)
(b). Does the right of the government to recover the illegally acquired wealth
prescribe? (3%)
18. State whether or not a law creating a state corporation to exploit, develop
and utilize compressed natural gas is constitutional? Explain briefly. (5%).
19. An amendment to or a revision of the present Constitution may be
proposed by a Constitutional Convention or by the Congress upon a vote of
three-fourths of all its members.
Is there a third way of proposing revisions of or amendments to the
Constitution? If so, how?
20. State with reasons which of the following is a government agency or a
government instrumentality:
(a). Department of Public Works and Highway;
(b). Bangko Sentral ng Pilipinas;
(c). Philippine Ports Authority;
(d). Land Transportation Office;
(e). Land Bank of the Philippines.

21. Suppose the people of a province want to recall the provincial governor
before the end of his three-year term of office?
(a). On what ground or grounds can the provincial governor be recall?
(b). How will the recall be initated?
(c). When will the recall of an elective local official be considered effective?

22. There was a boundary dispute between Duenas, a municipality, and Passi,
an independent component city, both of the same province.
State how the two local government units should settle their boundary dispute.
23. Despite the lingering questions about his Filipino citizenship and his one
year residence in the district, Gabriel filed his certificate of candidacy for
congressman before the deadline set by law. His opponent, Vitom hires you as
lawyer to contest Gabriel’s candidacy.
If the action/s instituted should be dismissed with finality before the election
and Gabriel assumes office after being proclaimed the winner in the election,
can the issue of his candidacy and/or citizenship and residence still be
questioned? If so what action or actions may be filed and where? If not, why
not? (10%)
24. Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-
Governor of Tawi-Tawi. After being proclaimed Vice-Governor in the 2004
elections, his opponent Khalil, filed an election protest before the COMELEC.
Ruling with finality on the protest, the COMELEC declared Khalil as the duly
elected Vice-Governor though the decision was promulgated only in 2007,
when Abdul had fully served his 2004-2007 term and was in fact already on
his 2007-2010 term as Governor.
Abdul now consults you if he can still run for Vice Mayor of Tawi-Tawi in the
forthcoming May 2010 elections on the premise that he could not be
considered as having served as Vice-Gov. from 2004-2007 because he was not
duly elected to the post, as he assumed office merely as a presumptive winner
and that presumption was later overturned when the COMELEC decided with
finality that he had lost in May 2004 elections? What will be your advice?
25. Reden, Jolan and Andy Filipino tourists, were in Bosnia-Herzegovia when
hostilities erupted between Serbs and the Moslems. Penniless and caught in
the crossfire, Reden, Jolan and Andym being retired generals, offered their
services to the Moslems for a handsome salary, which offer was accepted.
When the Serbian National Guard approached Sarajevo, the Moslem civilian
population spontaneously took up arms to resist the invading troops. Not
finding time to organize the Moslems wore armbands to identify themselves,
vowing to observe laws and customs of war. The three Filipinos fought side by
side with the Moslems. The Serbs prevailed resulting in the capture of Reden,
Jolan and Andy, and part of the civilian fighting force.
(a). Are Reden, Jolan and Andy considered combatants thus entitled to
treatment as prisoners of war? (3%)
(b). Are the captured civilians likewise prisoners of war? (3%)