Quamto Political Law 2022

University of Santo Tomas
FACULTY OF CIVIL LAW (1734)
POLITICAL LAW
Questions Asked More Than Once
QuAMTO 2022
QuAMTO is a compilation of past Bar questions with answers as suggested by
the UPLC and other distinct luminaries in the academe, and updated by the
UST Academics Committee to fit for the 2022 Bar Exams.
Bar questions are arranged per topic in accordance with the Bar Syllabus
released by the Supreme Court and were selected based on their occurrence
on past bar examinations from 1987 to 2021.
Address: Academics Committee

UST Bar Operations
Faculty of Civil Law
España, Manila 1008
Tel. No: (02) 8731-4027

(02) 8406-1611 loc. 8578
Academics Committee
Faculty of Civil Law
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2022 Edition.
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Faculty of Civil Law (1734)
ACADEMICS COMMITTEE 2022

FRANCINE BLAISE M. LOJA SECRETARY GENERAL
JOANNA NICOLE A. PAZ SECRETARY GENERAL
MARC GABRIEL A. ABELLA EXECUTIVE COMMITTEE for LEGAL ETHICS
KIARA LOUISE T. BALIWAG EXECUTIVE COMMITTEE for CRIMINAL LAW
DANIELLE B. BARANDA EXECUTIVE COMMITTEE for LABOR LAW
MA. CARMINA A. DIETA EXECUTIVE COMMITTEE for CIVIL LAW
DAINIELE RENEE R. FAJILAGUTAN EXECUTIVE COMMITTEE for REMEDIAL LAW
GEORJHIA CZARINAH Q. MALALUAN EXECUTIVE COMMITTEE for COMMERCIAL LAW
MARIA CRISANTA M. PALOMA EXECUTIVE COMMITTEE for POLITICAL LAW
MIKAELA CECILLE S. SILVERIO EXECUTIVE COMMITTEE for TAXATION LAW
FRANCINE BLAISE M. LOJA LAYOUT AND DESIGN
JERICHO SIMON H. DU COVER DESIGN ARTIST
POLITICAL LAW QuAMTO COMMITTEE 2022

KATHERINE S. POLICARPIO
POLITICAL LAW SUBJECT HEAD
MEMBERS
CLAIRE ANGELA B. CABALLES
JERCHIEL WILFRED M. DELGADO
HAILORD N. LAVARIAS
PAULA ANDREA F. PEÑAFLOR
ROI VINCENT C. PEREZ
TAXATION LAW QuAMTO COMMITTEE 2022

ALEXANDER J. CAIRO
TAXATION LAW SUBJECT HEAD
MEMBER
PAULINNE STEPHANY G. SANTIAGO
ATTY. AL CONRAD B. ESPALDON

ADVISER
OUR DEEPEST APPRECIATION TO OUR

MENTORS AND INSPIRATION
Justice Amy Lazaro-Javier Atty. Rafaelito M. Garayblas †
Justice Oswaldo D. Agcaoili Atty. Kristjan Vicente T. Gargantiel
Judge Charito M. Sawali Atty. Allan B. Gepty
Judge Rigor R. Pascual Atty. Rene B. Gorospe
Dean Lope E. Feble Atty. Victoria V. Loanzon
Dean Antonio G.M. La Viña Atty. Anicia C. Marquez
Chairman Sheriff M. Abas Atty. Edwin R. Sandoval
Atty. Carlo L. Cruz Atty. Ismael L. Sarangaya, Jr.
Atty. Enrique V. Dela Cruz Atty. Mauricio C. Ulep
Atty. Al Conrad B. Espaldon
For being our guideposts in understanding the intricate sphere of Political Law.
– Academics Committee 2022
OUR DEEPEST APPRECIATION TO OUR

MENTORS AND INSPIRATION
Justice Japar B. Dimaampao
Atty. Abelardo T. Domondon
Atty. Noel M. Ortega
Atty. Virginia Jeannie P. Lim
Atty. Prudence Angelita A. Kasala
Atty. Benedicta Du-Baladad
Atty. Rizalina V. Lumbera
Atty. Lean Jeff M. Magsombol
Atty. Kenneth Glenn L. Manuel
Atty. Clarice Angeline V. Questin
For being our guideposts in understanding the intricate sphere of Taxation Law.
– Academics Committee 2022
DISCLAIMER
THE RISK OF USE OF THIS BAR

REVIEW MATERIAL SHALL BE
BORNE BY THE USER
QuAMTO (1987-2021)
Q: The separation of Church and State is most clearly

I. BASIC CONCEPTS UNDER THE 1987 CONSTITUTION violated when _______________ (2013 BAR)
A. the State funds a road project whose effect is to

make a church more accessible to its adherents.
B. the State declares the birthplace of a founder of
A. DECLARATION OF PRINCIPLES AND STATE POLICIES a religious sect as a national historical site.
(2019, 2015, 2013, 2009, 2000, 1996 BAR) C. the State expropriates church property in order
to construct an expressway that, among others,
provides easy access to the Church’s main
PRINCIPLES cathedral.
D. the State gives vehicles to bishops to assist
Q: The Philippines and the Republic of Kroi Sha them in church-related charitable projects.
established diplomatic relations and immediately their E. the State allows prayers in schools for minor
respective Presidents signed the following: children without securing the prior consent of
their parents.
1. Executive Agreement allowing the Republic of
Kroi Sha to establish its embassy and consular A: E. the State allows prayers in schools for minor children
offices within Metro Manila; and without securing the prior consent of their parents.
2. Executive Agreement allowing the Republic of ALTERNATIVE ANSWER:

Kroi Sha to bring to the Philippines its military
complement, warships, and armaments from D. the State gives vehicles to bishops to assist them in
time to time for a period not exceeding one church-related charitable projects.
month for the purpose of training exercises
with the Philippine military forces and Q: TRUE or FALSE. Answer TRUE if the statement is true,
exempting from Philippine criminal or FALSE if the statement is false. Explain your answer
jurisdiction acts committed in the line of duty in not more than two (2) sentences.
by foreign military personnel, and from paying
custom duties on all the goods brought by said A law that makes military service for women merely
foreign forces into Philippine territory in voluntary is constitutional. (2009 BAR)
connection with the holding of the activities
authorized under the said Executive A: FALSE. In the defense of the state, all citizens may be
Agreement. required by law to render personal, military, or civil service
(Sec. 4, Art. II, 1987 Constitution). The duty is imposed on all
Senator Maagap questioned the constitutionality of the citizens without distinction as to gender.
said Executive Agreements and demanded that the
Executive Agreements be submitted to the Senate for ALTERNATIVE ANSWER:
ratification pursuant to the Philippine Constitution. Is
Senator Maagap correct? Explain. (2015 BAR) TRUE. The prime duty of the government is to serve and
protect the people. The government may call upon the
A: The Executive Agreement allowing the Republic of Kroi people to defend the State, and in the fulfillment thereof, all
Sha to establish its embassy and consular offices within citizens may be required, under conditions provided by law,
Metro Manila is valid without need of submitting it to the to render personal or military service.
Senate for ratification. Executive Agreements are not
treaties and are valid without the need of concurrence by What is mandatory is the calling out of the people to defend
the Senate in its ratification. (Commission of Customs v. the State, but the citizens, including women, may render
Eastern Sea Trading, G.R. No. L-14279, 31 Oct. 1961) personal or military service. (UPLC Suggested Answers)
The Executive Agreement with the Republic of Kroi Sha Q: The Philippines has become a member of the World
allowing it to bring to the Philippines its military Trade Organization (WTO) and resultantly agreed that
complement, warships and armaments from time to time it "shall ensure the conformity of its laws, regulations
for training exercises with the Philippine military forces and administrative procedures with its obligations as
must be submitted to the Senate for concurrence in its provided in the annexed Agreements." This is assailed
ratification. Under Sec. 25, Art. XVIII of the Constitution, a as unconstitutional because this undertaking unduly
treaty duly concurred in by the Senate is required even for limits, restricts and impairs Philippine sovereignty and
the temporary presence of foreign troops. (Bayan v. Zamora, means among others that Congress could not pass
G.R. No. 138570, 10 Oct. 2000) legislation that will be good for our national interest
and general welfare if such legislation will not conform
with the WTO Agreements. Refute this argument. (2000
BAR)
1 UNIVERSITY OF SANTO TOMAS

FACULTY OF CIVIL LAW
Political Law
A: The sovereignty of the Philippines is subject to it should be stressed that when actions concerning the child
restriction by its membership in the family of nations and have a relation to the public welfare or the well-being of the
the limitations imposed of treaty limitations. (Tañada v. child, the State may act to promote these legitimate
Angara, G.R. No. 118295 2 May 1997) interests in the exercise of its police power. (SPARK v.
Quezon City, G.R. No. 225442, 08 Aug. 2017; UPLC Suggested
Moreover, the Philippines adopts the generally accepted Answers)
principles of international law as part of the law of the land.
(Sec.2, Art. II, 1987 Constitution) One of such principles is (b) Does the curfew ordinance infringe any of the
pacta sunt servanda. The Constitution did not envision a minors’ fundamental rights? Explain.
hermit-like isolation of the country from the rest of the
world. A: YES, the curfew infringes on the minors’ fundamental
rights. The two ordinances are not narrowly drawn because
Q: Under the executive agreement entered into the exceptions mentioned in the ordinances are inadequate
between the Philippines and the other members of the insofar as it does not provide an exception for the right to
ASEAN, the other members will each send a battalion- association, free exercise of religion, rights to peaceably
size unit of their respective armed forces to conduct a assemble, and of free expression among others. Thus, it can
combined military exercise in the Subic Bay area. A run the risk of overly restricting minors’ fundamental
group of concerned citizens sought to enjoin the entry freedoms. (SPARK v. Quezon City, G.R. No. 225442, 08 Aug.
of foreign troops as violative of the 1987 Constitution 2017; UPLC Suggested Answers)
that prohibited the stationing of foreign troops and the
use by them of local facilities. As the Judge, decide the
case. Explain. (1996 BAR) B. NATIONAL TERRITORY
A: I will rule in favor of the concerned citizens. The

Constitution prohibits – in the absence of a treaty – the
Q: William, a private American citizen, a university
stationing of troops and facilities of foreign countries in the
graduate and frequent visitor to the Philippines, was
Philippines. (Sec. 25, Art. XVIII, 1987 Constitution) The
inside the U.S. embassy when he got into a heated
Supreme Court has already ruled that the said provision
argument with a private Filipino citizen. Then, in front
requires a treaty even for the mere temporary presence of
of many shocked witnesses, he killed the person he was
foreign troops in the Philippines. (Bayan v. Zamora, G.R. No.
arguing with. The police came, and brought him to the
138570, 10 Oct. 2000)
nearest police station. Upon reaching the station, the
police investigator, in halting English, informed
STATE POLICIES
William of his Miranda rights, and assigned him an
independent local counsel. William refused the
Q: The unabated rise of criminality and the reported
services of the lawyer, and insisted that he be assisted
identification of delinquent children loitering in the
by a Filipino lawyer currently based in the U.S. The
wee hours of the night prompted City Z to implement a
request was denied, and the counsel assigned by the
curfew ordinance. Minors unaccompanied or
police stayed for the duration of the investigation.
unsupervised on the streets by their parents or
William protested his arrest.
guardians between 10:00 P.M. to 5:00 A.M. may be
apprehended by law enforcers subject to certain
He argued that since the incident took place inside the
exclusive exceptions. These exceptions are: 1. minors
U.S. embassy, Philippine courts have no jurisdiction
running lawful errands, such as buying of medicines,
because the U.S. embassy grounds are not part of
using of telecommunications facilities for emergency
Philippine territory; thus, technically, no crime under
purposes and the like; 2. night school students; and 3.
Philippine law was committed. Is William correct?
Minors working at night.
Explain your answer. (2009 BAR)
Minors apprehended for violation of the curfew

A: NO. William is not correct. The premises occupied by the
ordinance shall be required to undergo counseling,
United States Embassy do not constitute territory of the
accompanied by their parents/guardians. (2019 BAR)
United States but of the Philippines. Crimes committed
within them are subject to the territorial jurisdiction of the
(a) Does the curfew ordinance violate the primary
Philippines. Since William has no diplomatic immunity, the
right and duty of parents to rear their children?
Philippines can prosecute him if it acquires custody over
Explain.
him. (Reagan v. Commissioner of Internal Revenue, G.R. No. L-
26379, 27 Dec. 1969)
A: NO, the curfew ordinance does not violate the primary
right and duty of parents to rear their children. The
principle of parens patriae states that the State has the duty
of protecting the rights of persons or individual who
because of age or incapacity are in an unfavorable position.
Thus, while parents have the primary role in child-rearing,
UNIVERSITY OF SANTO TOMAS 2

2022 GOLDEN NOTES
QuAMTO (1987-2021)
The doctrine of operative fact recognizes the existence of

C. SEPARATION OF POWERS the law or executive act prior to the determination of its
(2019, 2016, 2015, 2009 BAR) unconstitutionality as an operative fact that produced
consequences that cannot always be erased, ignored or
disregarded. In short, it nullifies the void law or executive
act but sustains its effects. It provides an exception to the
Q: In 2014, Congress enacted an appropriation law
general rule that a void or unconstitutional law produces no
containing a provision that gives individual legislators
effect.
the discretion to determine, post-enactment, how much
funds would go to a specific project or beneficiary
In the case of Araullo v. Aquino (G.R. No. 29287, 01 July 2014),
which they themselves also determine. Consequently,
the Court found the doctrine of operative fact applicable to
disbursements were made in the interim pursuant
the adoption and implementation of the DAP. Its application
thereto.
to the DAP proceeds from equity and fair play. The
consequences resulting from the DAP and its related
Eventually, Mr. Z filed a petition questioning the
issuances could not be ignored or could no longer be
constitutionality of the statutory provision on the
undone. (UPLC Suggested Answers)
grounds that it violates the separation of powers
principle.
Q: Several concerned residents of the areas fronting
Manila Bay, among them a group of students who are
On the other hand, certain Congressman argued that
minors, filed a suit against the Metro Manila
there was nothing wrong with the provision because,
Development Authority (MMDA), the Department of
after all, the power to appropriate belongs to Congress.
Environment and Natural Resources (DENR), the
(2019 BAR)
Department of Health (DOH), the Department of
Agriculture (DA), the Department of Education
(a) Rule on the arguments of the parties.
(DepEd), the Department of Interior and Local
Government (DILG), and a number of other executive
A: I will rule in favor of Mr. Z. The provision is
agencies, asking the court to order them to perform
unconstitutional for being violative of the separation of
their duties relating to the cleanup, rehabilitation and
powers.
protection of Manila Bay. The complaint alleges that the
continued neglect by defendants and their failure to
The enforcement of the national budget, as primarily
prevent and abate pollution in Manila Bay constitute a
contained in the GAA, is indisputably a function both
violation of the petitioners' constitutional right to life,
constitutionally assigned and properly entrusted to the
health and a balanced ecology. (2016 BAR)
Executive branch of government.
Any post-enactment congressional measure should be
(a) If the defendants assert that the
limited to scrutiny and investigation. Congressional
students/petitioners who are minors do not
oversight must be confined to the following:
have locus standi to file the action, is the
assertion correct? Explain your answer.
1. Scrutiny based primarily on Congress‘ power
of appropriation and the budget hearings
A: NO. The contention that the minors have no locus standi
conducted in connection with it, its power to
is unmeritorious. In the landmark case of Oposa v. Factoran
ask heads of departments to appear before and
(G.R. No. 101083, 30 July 1993) the Court held that basis for
be heard by either of its Houses on any matter
the minors to have locus standi is intergenerational
pertaining to their departments and its power
responsibility. It is pursuant to the obligation of the State
of confirmation;
under Sec. 16, Art. II of the 1987 Constitution to protect and
2. Investigation and monitoring of the
advance the right of the people to a balanced and healthful
implementation of laws pursuant to the power
ecology in accord with the rhythm and harmony of nature.
of Congress to conduct inquiries in aid of
legislation; and
(b) In its decision which attained finality, the Court
3. Any action or step beyond that will undermine
ordered the defendants to clean up,
the separation of powers guaranteed by the
rehabilitate and sanitize Manila Bay within
Constitution. (Belgica v. Ochoa, G.R. 208566, 19
eighteen (18) months, and to submit to the
Nov. 2013)
Court periodic reports of their
accomplishment, so that the Court can monitor
(b) Assuming that the provision is declared
and oversee the activities undertaken by the
unconstitutional, should the disbursements
agencies in compliance with the Court's
made pursuant thereto be returned in light of
directives. Subsequently, a resolution was
the doctrine of operative fact? Explain.
issued extending the time periods within which
the agencies should comply with the directives
A: NO, the disbursements need not be returned, as the
covered by the final decision. A view was raised
doctrine of operative fact applies.
that the Court's continued intervention after

Political Law
the case has been decided violates the doctrine Mang Pandoy, a resident of Smokey Mountain in Tondo,
of separation of powers considering that the questioned the authority of the Committee. Is the grant
government agencies all belong to the of authority to the Oversight Committee to screen
Executive Department and are under the beneficiaries constitutional? (2009 BAR)
control of the President. Is this contention
correct? Why or why not? A: NO. The grant of authority to the Oversight Committee to
screen beneficiaries is unconstitutional. It violates the
A: NO. The order of the Supreme Court to the defendant to principle of separation of powers. By being involved in the
clean up, rehabilitate and sanitize the Manila Bay is an implementation of the law, the Oversight Committee will be
exercise of judicial power, because the execution of its exercising executive power. (Abakada Guro Party List v.
decision is an integral part of its adjudicative function. Since Purisima G.R. No. 166715, 14 Aug. 2008)
the submission of periodic reports is needed to fully
implement the decision, the Supreme Court can issue a
continuing writ of mandamus to the MMDA until full D. CHECKS AND BALANCES
compliance with its order is shown. (Metropolitan Manila
Development Authority v. Concerned Residents of Manila Bay,
G.R. Nos. 171947-48, 18 Dec. 2008)
Q: Which of the following best exemplifies how the
system of checks and balances is carried out:
Q: Senator Fleur De Lis is charged with plunder before
the Sandiganbayan. After finding the existence of
A. The legislature passes a law that prohibits the
probable cause, the court issues a warrant for the
president from commuting a judiciary-imposed
Senator's arrest. The prosecution files a motion to
sentence, as a check of the president;
suspend the Senator relying on Section 5 of the Plunder
B. The President pardons a convict as a way to set
Law. According to the prosecution, the suspension
aside or modify a judgment of the judiciary;
should last until the termination of the case. Senator Lis
C. The judiciary overturns a pardon granted by
vigorously opposes the motion contending that only the
the President as a check on executions;
Senate can discipline its members; and that to allow his
D. The President pardons an accused after
suspension by the Court would violate the principle of
arraignment in the interest of justice. (2012
separation of powers. Is Senator Lis's contention
BAR)
tenable? Explain. (2015 BAR)
A: B. The President pardons a convict as a way to set aside

A: NO. The contention of the Senator is not tenable. The
or modify a judgment of the judiciary.
power of each House of Congress to punish its Members for
disorderly behavior, and suspend or expel a Member by a
Except in cases of impeachment, or as otherwise provided
vote of two-thirds of all its Members which is subject to the
in this Constitution, the President may grant reprieves,
qualification that the penalty of suspension, when imposed,
commutations, and pardons, and remit fines and forfeitures,
should not exceed sixty days under Sec. 6 (3), Art. VI of the
after conviction by final judgment. He shall also have the
1987 Constitution is distinct from the suspension under the
power to grant amnesty with the concurrence of a majority
Plunder Law which is not a penalty but a preliminary,
of all the Members of the Congress. (Sec. 19, Art. VII, 1987
preventive measure, prescinding from the fact that the
Constitution)
latter is not being imposed on petitioner for misbehavior as
a Member of the House of Representatives. The doctrine of
separation of powers cannot be deemed to have excluded
Members of Congress from the application of the Plunder E. STATE IMMUNITY
Law. The law itself does not exclude Members of Congress (2018, 2017, 2016, 2013, 2009, 2001, 1999, 1997 BAR)
from its coverage. The Sandiganbayan did not err in issuing
the preventive suspension order. (Ceferino Paredes, Jr. v.
Sandiganbayan, G.R. No. 118364, 08 Aug. 1995, cited in CONCEPTS
Santiago v. Sandiganbayan, G.R. No. 128055, 18 Apr. 2001)
Q: What do you understand by state immunity from
Q: The Poverty Alleviation and Assistance Act was suit? Explain. (2017, 1999 BAR)
passed to enhance the capacity of the most
marginalized families nationwide. A financial A: State immunity from suit means that the State cannot be
assistance scheme called “conditional cash transfers" sued without its consent. A corollary of such principle is that
was initially funded 500 million pesos by Congress. One properties used by the State in the performance of its
of the provisions of the law gave the Joint Congressional governmental functions cannot be subject to judicial
Oversight Committee authority to screen the list of execution. (UPLC Suggested Answers)
beneficiary families initially determined by the
Secretary of Department of Social Welfare and Q: Under the doctrine of immunity from suit, the State
Development pursuant to the Department cannot be sued without its consent. How may the
implementing rules.

2022 GOLDEN NOTES
QuAMTO (1987-2021)
consent be given by the State? Explain your answer. That no consent was given by the Republic is shown by the
(2017, 1999 BAR) fact that the Bureau or the Government did seem to have
complied with the demands of the deed of donation.
A: Consent of the State to be sued may be made expressly as Compliance with the state immunity is essential for two
in the case of a specific, express provision of law, as waiver reasons:
of State immunity from suit is not inferred lightly (e.g. C.A.
327 as amended by PD 1445) or impliedly as when the State 1. It is required as a provision of the Constitution; and
engages in proprietary functions (U.S. v. Ruiz, G.R. No. L- 2. Immunity is an essential element of state
35645, 22 May 1985; U.S. v. Guinto, G.R. No. 76607, 26 Feb. sovereignty. (UPLC Suggested Answers)
1990) or when it files a suit in which case the adverse party
may file a counterclaim (Froilan v. Pan Oriental Shipping, ALTERNATIVE ANSWER:
G.R. No. L-6060, 30 Sept. 1954) or when the doctrine would
in effect be used to perpetuate an injustice. (Amigable v. NO. The motion should be denied. The doctrine of
Cuenca, G.R. No. L-26400, 29 Feb. 1972) governmental immunity from suit cannot serve as an
instrument for perpetuating an injustice on a citizen. Here,
Q: Do government-owned or -controlled corporations the alleged failure to abide by the conditions under which a
also enjoy the immunity of the State from suit? Explain donation was given should not prove an insuperable
your answer. (2017 BAR) obstacle to a civil action, the consent likewise being
presumed when the State entered into a contract. Under the
A: A government-owned or controlled corporation may be circumstances, the fundamental postulate of non-suability
sued. Suit against it is not a suit against the State, because it of the state cannot stand in the way. (Santiago v. Republic,
has a separate juridical personality (Social Security Systems G.R. No. L-48214, 19 Dec. 1978)
v. Court of Appeals, G.R. No. L-41299, 21 Feb. 1983)
Q: The doctrine of immunity from suit in favor of the
Q: It is said that "waiver of immunity by the State does State extends to public officials in the performance of
not mean a concession of its liability". What are the their official duties. May such officials be sued
implications of this phrase? (1997 BAR) nonetheless to prevent or to undo their oppressive or
illegal acts, or to compel them to act? Explain your
A: The phrase that waiver of immunity by the State does not answer. (2017 BAR)
mean a concession of liability means that by consenting to
be sued, the State does not necessarily admit it is liable. In A: YES. Public officials may be sued if they acted
such a case, the State is merely giving the plaintiff a chance oppressively or illegally in the performance of their duties.
to prove that the State is liable, but the State retains the A suit against a public officer who acted illegally is not a suit
right to raise all lawful defenses. (Philippine Rock Industries, against the state. (Aberca v. Ver, G.R. No. 69866, 15 Apr.
Inc. v. Board of Liquidators, G.R. No. 84992, 15 Dec. 1989) 1988)
APPLICATION A public official may be compelled to act through a writ of

mandamus. The main objective of mandamus is to compel
Q: Annika sued the Republic of the Philippines, the performance of a ministerial duty on the part of the
represented by the Director of the Bureau of Plant respondent official; however, the writ does not issue to
Industry, and asked for the revocation of a deed of control or review the exercise of discretion or to compel a
donation executed by her in favor of said Bureau. She course of conduct. The writ of prohibition can also be
alleged that, contrary to the terms of the donation, the availed of, as it is an extraordinary writ which can be
donee failed to install lighting facilities and a water directed against a public officer ordering said officer to
system on the property donated, and to build an office desist from further proceedings when said proceedings are
building and parking lot thereon, which should have without or in excess of said officer’s jurisdiction or are
been constructed and made ready for occupancy on or accompanied with grave abuse of discretion. (Rule 65,
before the date fixed in the deed of donation. Revised Rules of Court)
The Republic invoked state immunity and moved for Lastly, a public officer is, by law, not immune from damages
the dismissal of the case on the ground that it had not in his/her personal capacity for acts done in bad faith
consented to be sued. Should the Republic's motion be which, being outside the scope of his authority, are no
granted? (2018 BAR) longer protected by the mantle of immunity for official
actions. (Vinzons-Chato v. Fortune Tobacco Corp., G.R. No.
A: YES. The motion of the Republic should be granted. There 141309, 19 June 2007)
appears to be no consent on the part of the State to be sued.
Q: The USS Liberty, a warship of the United States (U.S.),
In Sec. 3, Art. XVI of the 1987 Constitution, it is provided that: entered Philippine archipelagic waters on its way to
“The State shall not be sued without its consent.” 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

Political Law
resources in the area. Officials of Palawan filed a suit for Embassy’s elevators, air-conditioning units and
damages against the naval officials for their negligence, electrical facilities. Section 10 of the Agreement
and against the U.S., based on Articles 30 and 31 of the provides that the Agreement shall be governed by
United Nations Convention on the Law of the Sea Philippine laws and that any legal action shall be
(UNCLOS). Article 31 provides that the Flag State shall brought before the proper court of Makati. Kafiristan
bear international responsibility for any loss or terminated the Agreement because CBM allegedly did
damage to the Coastal State resulting from not comply with their agreed maintenance standards.
noncompliance by a warship with the laws and
regulations of the coastal State concerning passage CBM contested the termination and filed a complaint
through the territorial sea. The U.S. Government raised against Kafiristan before the Regional Trial Court of
the defenses that: Makati. The Ambassador wants you to file a motion to
dismiss on the ground of state immunity from suit and
1. The Philippine courts cannot exercise to oppose the position that under Section 10 of the
jurisdiction over another sovereign State, Agreement, Kafiristan expressly waives its immunity
including its warship and naval officials. from suit. Under these facts, can the Embassy
successfully invoke immunity from suit? (2013 BAR)
2. The United States is not a signatory to UNCLOS
and thus cannot be bound by its provisions. A: YES, the Embassy can invoke immunity from suit. Section
10 of the Maintenance Agreement is not necessarily a waiver
Rule on the validity of the defenses raised by the U.S., of sovereign immunity from suit. It was meant to apply in
with reasons. (2016 BAR) case the Republic of Kafiristan elects to sue in the local
courts or waives its immunity by a subsequent act. The
A: The defenses raised by the U.S. Government are not valid. establishment of a diplomatic mission is a sovereign
The first defense relies on sovereign immunity from suit as function. This encompasses its maintenance and upkeep.
advanced by the U.S. Government. But the suit filed by the The Maintenance Agreement was in pursuit of a sovereign
Officials of Palawan draws its strength from Arts. 30 and 31 activity. (Republic of the Indonesia v. Vinzon, G.R. No. 154705,
of the UNCLOS. However, the U.S. defense is defeated by the 26 June 2003)
UNCLOS through the application of Art. 32 which provides:
“With such exceptions as are contained in sub-section A and Q: In the last quarter of 2012, about 5,000 container
in Arts. 30 and 37, nothing in this Convention affects the vans of imported goods intended for the Christmas
immunities of warships and other government ships Season were seized by agents of the Bureau of Customs.
operated for non-commercial purposes.” In reality the The imported goods were released only on January 10,
supreme relevance of Art. 32 quoted above is actualized by 2013. A group of importers got together and filed an
quoting an existing U.S. government document sourced action for damages before the Regional Trial Court of
from Dispatch Supplement, Law of the Sea Convention: Manila against the Department of Finance and Bureau
Letters of Transmittal and Submittal and Commentary, as of Customs.
follows: “Art. 32 provides, in effect that the only rules in the
Convention derogating from the immunities of warships The Bureau of Customs raised the defense of immunity
and government ships operated for non-government from suit and, alternatively, that liability should lie
purposes are those found in Arts. 17-26, 30 and 31.” with XYZ Corp. which the Bureau had contracted for the
(February 1995, Vol. 6, Supplement No.1 p.12) lease of 10 high powered van cranes but delivered only
5 of these cranes, thus causing the delay in its cargo-
As for the second defense, the U.S. Government turns to the handling operations. It appears that the Bureau,
defense that it is not bound by the UNCLOS for the reason despite demand, did not pay XYZ Corp the P 1 Million
that it is not a State Party or a signatory. However, to be deposit and advance rental required under their
bound by the principle, it does not have to be a party to a contract. (2013 Bar)
treaty or convention. If it has the normative status of a
customary norm of international law, it is binding on all (a) Will the action by the group of importers
states. This appears to be the holding of the principle of prosper?
immunity of warship in question. The Convention protects
and strengthens the key principle of sovereign immunity for A: NO. The action by the group of importers will not
warships. Although not a new concept, sovereign immunity prosper. The primary function of the Bureau of Customs is
is a principle of vital importance to the United States. The governmental, that of assessing and collecting lawful
Convention provides for a universally recognized revenues from imported articles and all other tariff and
formulation of this principle. (UPLC Suggested Answers) customs duties, fees, charges, fines and penalties. (Mobil
Philippines Exploration, Inc. v. Customs Arrastre Service, G.R.
Q: The Ambassador of the Republic of Kafirista referred No. L-23139, 17 Dec. 1966)
to you for handling, the case of the Embassy’s
Maintenance Agreement with CBM, a private domestic (b) Can XYZ Corp. sue the Bureau of Customs to
company engaged in maintenance work. The collect rentals for the delivered cranes?
Agreement binds CBM, for a defined fee, to maintain the

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: NO. XYZ Corporation cannot sue the Bureau of Customs window frame of the municipal hall. The municipality
to collect rentals for the delivered cranes. The contract was files a motion to dismiss the complaint, invoking state
a necessary incident to the performance of its governmental immunity from suit. Resolve the motion with reasons.
function. To properly collect the revenues and customs (2009 BAR)
duties, the Bureau of Customs must check to determine if
the declaration of the importers tallies with the landed A: The motion to dismiss should be denied. Under Section
merchandise. The cranes are needed to haul the landed 24 of the Local Government Code and Article 2189 of the Civil
merchandise to a suitable place for inspection. (Mobil Code, the Municipality of Pinatukdao is liable for damages
Philippines Exploration v. Customs Arrastre Service, G.R. No. arising from injuries to person by reason of negligence of
L-23139, 17 Dec. 1966) local government units or local officers of the defective
condition of the municipal hall, which is under their control
ALTERNATIVE ANSWER: and supervision. (UPLC Suggested Answers)
NO, XYZ Corporation cannot sue the Bureau of Customs Q: The Republic of the Philippines, through the
because it has no juridical personality separate from that of Department of Public Works and Highways (DPWH),
the Republic of the Philippines. (Mobil Philippines constructed a new highway linking Metro Manila and
Exploration v. Customs Arrastre Service, G.R. No. L-23139, 17 Quezon province, and which major thoroughfare
Dec. 1966) traversed the land owned by Mang Pandoy. The
government neither filed any expropriation
ALTERNATIVE ANSWER: proceedings nor paid any compensation to Mang
Pandoy for the land thus taken and used as a public
YES. XYZ Corporation may sue the Bureau of Customs road.
because the contract is connected with a proprietary
function, the operation of the arrastre service. (Philippine Mang Pandoy filed a suit against the government to
Refining Company v. CA, G.R. No. 118794, 08 May 1996) compel payment for the value of his land. The DPWH
Besides, XYZ Corporation leased its van cranes, because the filed a motion to dismiss the case on the ground that the
Bureau of Customs undertook to pay its rentals. Justice and State is immune from suit. Mang Pandoy filed an
equity demand that the Bureau of Customs should not be opposition. Resolve the motion. (2001 BAR)
allowed to invoke state immunity from suit (Republic v.
Unimex-Micro Electronics GmBH, G.R. Nos. 166309-10, 09 A: The motion to dismiss should be denied. When the
Mar. 2007) Government expropriates private property without paying
compensation, it is deemed to have waived its immunity
Q: Mr. Sinco sued the government for damages. After from suit. Otherwise, the constitutional guarantee that
trial, the court ruled in his favor and awarded damages private property shall not be taken for public use without
amounting to P50 million against the government. To payment of just compensation will be rendered nugatory.
satisfy the judgment against the government, which (Amigable v. Cuenca, G.R. L-26400, 29 Feb. 1972)
valid option is available to Mr. Sinco?
Q: The employees of the Philippine Tobacco
A. Garnish the government funds deposited at the Administration (PTA) sued to recover overtime pay. In
Land Bank. resisting such claim, the PTA theorized that it is
B. File a claim with the Commission on Audit performing governmental functions. Decide and
(COA) pursuant to Commonwealth Act 327, as explain. (1999 BAR)
amended by Presidential Decree 1445.
C. Make representations with the Congress to A: As held in Philippine Virginia Tobacco Administration v.
appropriate the amount to satisfy the Court of Industrial Relations (G.R. No. L-32052, 25 July 1975),
judgment. the Philippine Tobacco Administration is not liable for
D. File a petition for mandamus in court to compel overtime pay, since it is performing governmental
Congress to appropriate P50 million to satisfy functions. Among its purposes are to promote the effective
the judgment. merchandising of tobacco so that those engaged in the
E. Proceed to execute the judgment as provided tobacco industry will have economic security, to stabilize
by the Rules of Court because the State allowed the price of tobacco, and to improve the living and economic
itself to be sued. (2013 BAR) conditions of those engaged in the tobacco industry. (UPLC
Suggested Answers)
A: B. File a claim with the Commission on Audit (COA)
pursuant to Commonwealth Act 327, as amended by
Presidential Decree 1445. (University of the Philippines v.
Dizon, G.R. No. 171182, 23 Aug. 2012)
Q: The Municipality of Pinatukdao is sued for damages

arising from injuries sustained by a pedestrian who
was hit by a glass pane that fell from a dilapidated

Political Law
infrastructure is any basic facility needed by society. The

F. DELEGATION OF POWERS power to determine what kind of infrastructure to prioritize
(2016, 2005, 2002 BAR) and fund is the power to determine the purpose of the
appropriation and is an undue delegation of the power to
appropriate.
Q: The two accepted tests to determine whether or not

The assailed provision does not fall under the principle of
there is a valid delegation of legislative power are the
ejusdem generis. First, the phrase “energy resource
Completeness Test and the Sufficient Standard Test.
development and exploitation programs and projects of the
Explain each. (2016, 2005 BAR)
government” states a singular and general class. Second, it
exhausts the class it represents. (Belgica v. Ochoa, Jr., GR. No.
A: Under the COMPLETENESS TEST, the law must be
208566, 19 Nov. 2013)
complete in all essential terms and conditions when it
leaves the legislature so that there will be nothing left for
Q: Section 32 of Republic Act No. 4670 (The Magna Carta
the delegate to do when it reaches him except to enforce it.
for Public School Teachers) reads: Sec. 32. Penal
A law is complete when it sets forth therein the policy to be
Provision — A person who shall willfully interfere with,
executed, carried out or implemented by the delegate.
restrain or coerce any teacher in the exercise of his
(Cruz, 2014)
rights guaranteed by this Act or who shall in any other
manner commit any act to defeat any of the provisions
Under the SUFFICIENT STANDARD TEST, the statute must
of this Act shall, upon conviction, be punished by a fine
not only define a fundamental legislative policy, mark its
of not less than one hundred pesos nor more than one
limits and boundaries, and specify the public agency to
thousand pesos, or by imprisonment, in the discretion
exercise the legislative power. It must also indicate the
of the court. Is the proviso granting the court the
circumstances under which the legislative command is to be
authority to impose a penalty or imprisonment in its
effected. To avoid the taint of unlawful delegation, there
discretion constitutional? Explain briefly. (2005 BAR)
must be a standard, which implies at the very least that the
legislature itself determines matters of principle and lays
A: NO. The proviso is unconstitutional. Sec. 32 of R.A. No.
down fundamental policy (Free Telephone Workers Union v.
4670 provides for an indeterminable period of
Minister of Labor, G.R. No. L-58184, 30 Oct. 1981). It fixes a
imprisonment, with neither a minimum nor a maximum
standard, the limits of which are sufficiently determinate or
duration having been set by the legislative authority. The
at least determinable to which the delegate must conform
courts are thus given a wide latitude of discretion to fix the
in the performance of his functions. (UPLC Suggested
term of imprisonment, without even the benefit of any
Answers)
sufficient standard, such that the duration thereof may
range, in the words of respondent judge, from one minute
Q: Section 8 of P.D. No. 910, entitled "Creating an Energy
to the life span of the accused. This cannot be allowed. It
Development Board, defining its powers and functions,
vests in the courts a power and a duty essentially legislative
providing funds therefor and for other purposes,"
in nature and which, as applied to this case, does violence to
provides that: "All fees, revenues and receipts of the
the rules on separation of powers as well as the non-
Board from any and all sources x x x shall form part of a
delegability of legislative powers. (People v. Judge Dacuycuy,
Special Fund to be used to finance energy resource
G.R. No. L-45127, 05 May 1989).
development and exploitation programs and projects
of the government and for such other purposes as may
Q: Suppose that Congress passed a law creating a
be hereafter directed by the President."
Department of Human Habitat and authorizing the
Department Secretary to promulgate implementing
The Malampaya NGO contends that the provision
rules and regulations. Suppose further that the law
constitutes an undue delegation of legislative power
declared that violation of the implementing rules and
since the phrase "and for such other purposes as may
regulations so issued would be punishable as a crime
be hereafter directed by the President" gives the
and authorized the Department Secretary to prescribe
President unbridled discretion to determine the
the penalty for such violation. If the law defines certain
purpose for which the funds will be used. On the other
acts as violations of the law and makes them
hand, the government urges the application of ejusdem
punishable, for example, with imprisonment of three
generis.
(3) years or a fine in the amount of P10,000.00 or both
such imprisonment and fine, in the discretion of the
Does the assailed portion of section 8 of PD 910 hurdle
court, can it be provided in the implementing rules and
the two (2) tests: Completeness test and Sufficient
regulations promulgated by the Department Secretary
Standard Test? (2016 BAR)
that their violation will also be subject to the same
penalties as those provided in the law itself? Explain
A: NO. The assailed portion of the Presidential Decree No.
your answer fully. (2002 BAR)
910 does not satisfy the two tests. The phrase “and for such
other purposes as may be hereafter directed by the
A: NO. The rules and regulations promulgated by the
President” gives the President unbridled discretion to
Secretary of Human Habitat cannot provide that the
determine the purpose for which the funds will be used. An

2022 GOLDEN NOTES
QuAMTO (1987-2021)
penalties for their violation will be the same as the penalties

for the violation of the law. As held in United States v. II. GENERAL PRINCIPLES OF TAXATION
Barrias, (G.R. No. 4349, 24 Sept. 1908), the fixing of the
penalty for criminal offenses involves the exercise of
legislative power and cannot be delegated. The law itself
must prescribe the penalty. (UPLC Suggested Answers)
A. DEFINITION, CHARACTERISTICS AND PURPOSE OF
TAXATION
(2016, 2013, 2011, 2006, 2005, 2004, 2003, 2000,
G. FUNDAMENTAL POWERS OF THE STATE
1996, 1991, 1989 BAR)
Q: Describe the power of taxation. May a legislative

body enact laws to raise revenues in the absence of a
constitutional provision granting said body the power
to tax? Explain. (2005 BAR)
A: The power of taxation is inherent in the State being an

attribute of sovereignty. As an incident of sovereignty, the
power to tax has been described as unlimited in its range,
acknowledging in its very nature no limits, so that security
against its abuse is to be found only in the responsibility of
the legislature which imposes the tax on the constituents
who are to pay it. (Mactan Cebu International Airport
Authority v. Marcos, G.R. No. 120082, 11 Sept. 1996)
Being an inherent power, the legislature can enact laws to

raise revenues even without the grant of said power in the
Constitution. It must be noted that Constitutional
provisions relating to the power of taxation do not operate
as grants of the power of taxation to the Government, but
instead merely constitute limitations upon a power which
would otherwise be practically without limit. (Cooley,
Constitutional Limitations, 1927 8th Ed., p. 787)
Q: Congress passed a sin tax that increased the tax rates

on cigarettes by 1000%. The law was thought to be
sufficient to drive many cigarette companies out of
business, and was questioned in court by a cigarette
company that would go out of business because it
would not be able to pay the increased tax. The
cigarette company is ______________? (2013 BAR)
(A) Wrong because taxes are the lifeblood of the

government
(B) Wrong because the law recognizes that the

power to tax is the power to destroy
(C) Correct because no government can deprive a

person of his livelihood
(D) Correct because Congress, in this case,

exceeded its power to tax
A: (B) WRONG because the law recognizes that the power

to tax is the power to destroy.
In McCulloch v. Maryland, Chief Justice Marshall declared

that the power to tax involves the power to destroy. This
maxim only means that the power to tax includes the power

Political Law
to regulate even to the extent of prohibition or destruction A: I will decide in favor of the Constitutionality of the law.
of businesses. The reason is that the legislature has the The 20% discount as well as the tax deduction scheme is a
inherent power to determine who to tax, what to tax and valid exercise of the police power of the State. (Manila
how much tax is to be imposed. Pursuant to the regulatory Memorial Park Inc. v. DSWD, G.R. No. 175356, 03 Dec. 2013;
purpose of taxation, the legislature may impose tax in order UPLC Suggested Answers)
to discourage or prohibit things or enterprises inimical to
the public welfare. Q: The Sangguniang Bayan of the Municipality of
Sampaloc, Quezon, passed an ordinance imposing a
In the given problem, the legislature’s imposition of
storage fee of ten centavos (P0.10) for every 100 kilos
prohibitive sin tax on cigarettes is congruent with its
of copra deposited in any bodega within the
purpose of discouraging the public form smoking cigarettes
Municipality’s jurisdiction. The Metropolitan
which are hazardous to health. (McCulloch v. Maryland, 17
Manufacturing Corporation (MMC), with principal
U.S. 4 Wheat 316, 1819; UPLC Suggested Answers)
office in Makati, is engaged in the manufacture of soap,
edible oil, margarine, and other coconut oil-based
Q: XYZ Corporation manufactures glass panels and is
products. It has a warehouse in Sampaloc, Quezon, used
almost at the point of insolvency. It has no more cash
as storage space for copra purchased in Sampaloc and
and all it has are unsold glass panels. It received an
nearby towns before the same is shipped to Makati.
assessment from the BIR for deficiency income taxes. It
MMC goes to court to challenge the validity of the
wants to pay but due to lack of cash, it seeks permission
ordinance, demanding the refund of the storage fees it
to pay in kind with glass panels. Should the BIR grant
paid under protest. Is the ordinance valid? Explain your
the requested permission? (2013 BAR)
answer. (2009 BAR)
(A) It should grant permission to make payment

A: YES. The municipality is authorized to impose
convenient to taxpayers.
reasonable fees and charges as regulatory measure in an
amount commensurate with the cost of regulation,
(B) It should not grant permission because a tax is
inspection, and licensing. (Sec. 147, LGC) In the case at bar,
generally a pecuniary burden.
the storage of copra in any warehouse within the
municipality can be the proper subject of regulation
(C) It should grant permission; otherwise, XYZ
pursuant to the police power granted to municipalities
Corporation would not be able to pay.
under the Revised Administrative Code or the “general
welfare clause”. A warehouse used for keeping or storing
(D) It should not grant permission because the
copra is an establishment likely to endanger the public
government does not have the storage facilities
safety or likely to give rise to conflagration because the oil
for glass panels.
content of the copra, when ignited, is difficult to put under
control by water and the use of chemicals is necessary to
A: (B) It should not grant permission because a tax is
put out the fire. It is, thus, reasonable that the Municipality
generally a pecuniary burden.
impose storage fees for its own surveillance and lookout.
(Procter & Gamble Philippine Manufacturing Corporation v.
This principle is one of the attributes or characteristics of
Municipality of Jagna, Province of Bohol, G.R. No. L-24265, 28
tax. (UPLC Suggested Answers)
Dec. 1979; UPLC Suggested Answers)
Q: The City of Manila passed an ordinance imposing an

B. POWER OF TAXATION AS DISTINGUISHED FROM annual tax of P5,000.00 to be paid by an operator of a
POLICE POWER AND EMINENT DOMAIN massage clinic and an annual fee of P50.00 to be paid by
(2016, 2009, 1996, 1989 BAR) every attendant or helper in the said clinic. Is the
imposition a tax or a license fee? (1989 BAR)
Q: Congress issued a law allowing a 20% discount on A: The imposition on the operator of the massage clinic is
the purchases of senior citizens from, among others, BOTH a tax and a license fee. The amount of P5,000.00
recreation centers. This 20% discount can then be used exceeds the cost of regulation, administration and control
by the sellers as a “tax credit”. At the initiative of BIR, but it is likewise imposed to regulate a non-useful business
however, Republic Act No. (R.A.) 9257 was enacted in order to protect the health, safety and morals of the
amending the treatment of the 20% discount as a “tax citizenry in general. The P50.00 impositions on the helpers
deduction.” Equity Cinema filed a petition with the RTC or attendants are license fees sufficient only for regulation,
claiming that the R.A. 9257 is unconstitutional as it administration and control.
forcibly deprives sellers a part of the price without just
compensation. If you were the judge, how will you
decide the case? Briefly explain your answer. (2016
BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
a warehouse in Sampaloc, Quezon, used as storage

C. SCOPE AND LIMITATIONS OF TAXATION space for the copra purchased in Sampaloc and nearby
towns before the same is shipped to Makati. MMC goes
to court to challenge the validity of the ordinance,
demanding the refund of the storage fees it paid under
1. INHERENT AND CONSTITUTIONAL LIMITATIONS OF protest.
TAXATION
Is the ordinance valid? (2009 BAR)
INHERENT LIMITATIONS
A: YES. The municipality is authorized to impose
Q: Enumerate the four (4) inherent limitations on reasonable fees and charges as a regulatory measure in an
taxation. Explain each item briefly. (2009 BAR) amount commensurate with the cost of regulation,
inspection and licensing (Section 147, LGC). In the case at
A: The inherent limitations on the power to tax are: bar, the storage of copra in any warehouse within the
municipality can be the proper subject of regulation
1. Taxation is for a public purpose – The proceeds of pursuant to the police power granted to municipalities
the tax must be used: (a) for the support of the under the Revised Administrative Code or the “general
State; or (b) for some recognized objective of the welfare clause”. A warehouse used for keeping or storing
government or to directly promote the welfare of copra is an establishment likely to endanger the public
the community. safety o likely to give rise to conflagration xxx It is, thus,
reasonable that the Municipality impose storage fees for its
2. Taxation is inherently legislative – Only the own surveillance and lookout.
legislature has full discretion as to the persons,
property, occupation or business to be taxed, Q: An ordinance of Quezon City on the operation of
provided these are all within the State’s territorial market stalls and the collection of market stall fees
jurisdiction. It can also finally determine the created a market committee “to formulate, recommend
amount or rate of tax, the kind of tax to be imposed and adopt, subject to the ratification of the Sangguniang
and the method of collection. (1 Cooley 176184) Panglungsod, regulations in the operations of the
market stalls.” It also entrusted the collection of the
3. Taxation is territorial – Taxation may be exercised market stall fees to a private corporation. Does the
only within the territorial jurisdiction of the taxing entrusting of the collection of the market stall fees
authority. (61 Am. Jur. 88) Within the territorial destroy the “public purpose” of the ordinance? (1989
jurisdiction, the taxing authority may determine BAR)
the “place of taxation” or “tax situs."
A: YES, because a portion of the fees collected would be
4. Taxation is subject to international comity – This diverted as fees to private corporation. Entrusting of the
is a limitation which is founded on reciprocity collection of the market stall fees violates the limitation that
designed to maintain harmonious and productive local government units shall in no case let to any private
relationships among the various states. Under person the collection of local taxes, fees, charges and other
international comity, a state must recognize the impositions. (Sec. 130(C), LGC) As a result of this
generally accepted tenets of international law, prohibition, public funds are therefore utilized for a private
among which are the principles of sovereign purpose, which is to pay the private corporation for its
equality among states and of their freedom from services.
suit without their consent, that limit the authority
of a government to effectively impose taxes on a INHERENTLY LEGISLATIVE
sovereign state and its instrumentalities, as well as (2012, 2009, 2003, 1991 BAR)
on its property held, and activities undertaken in
that capacity. (UPLC Suggested Answers) Q: May Congress, under the 1987 Constitution, abolish
the power to tax of local governments? (2003 BAR)
PUBLIC PURPOSE
A: NO. The Congress cannot abolish what is expressly
(2009, 1991, 1989 BAR)
granted by the fundamental law. The only authority
conferred to Congress is to provide the guidelines and
Q: The Sangguniang Bayan of the Municipality of
limitations on the local government’s exercise of the power
Sampaloc, Quezon, passed an ordinance imposing a
to tax. (Sec. 5, Art. X, 1987 Constitution)
storage fee of ten centavos for every 100 kilos of copra
deposited in any bodega within the Municipality’s
Q: In order to raise revenue for the repair and
jurisdiction. The Metropolitan Manufacturing
maintenance of the newly constructed City Hall of
Corporation (MMC), with principal office in Makati, is
Makati, the City Mayor ordered the collection of P1.00,
engaged in the manufacture of soap, edible oil,
called “elevator tax”, every time a person rides any of
margarine, and other coconut oil-based products. It has
the high-tech elevators in the City Hall during the hours

Political Law
of 8am to 10am, and 4pm to 6pm. Is the imposition of Philippines. However, since it only serviced passengers
elevator tax valid? (2003 BAR) outside the Philippine territory, the situs of the income
from its ticket sales should be considered outside the
A: NO. The imposition of a tax, fee, or charge, or the Philippines. Hence, no income tax should be imposed
generation of revenue under the LGC, shall be exercised by on the same.
the Sanggunian of the LGU concerned through an
appropriate ordinance. (Sec. 132, LGC) The city mayor alone Is XYZ Air’s protest meritorious? Explain. (2019 BAR)
could not order the collection of the tax; as such, the
"elevator tax" is an invalid imposition. A: NO. Under the law, an international air carrier with no
landing rights in the Philippines is a resident foreign
Q: The Municipality of Malolos passed an ordinance corporation if its local sales agent sells and issues tickets in
imposing a tax on any sale or transfer of real property its behalf. An offline international carrier, selling package
located within the municipality at a rate of ¼ of 1% of tickets in the Philippines through a local general sales agent,
the total consideration of the transaction. “X” sold a is considered a resident foreign corporation doing business
parcel of land in Malolos which he inherited from his in the Philippines. As such, it is taxable on income derived
deceased parents and refused to pay the aforesaid tax. from sources within the Philippines and not on Gross
He instead filed an appropriate case asking that the Philippines Billings subject to any applicable tax treaty. (Air
ordinance be declared null and void since such a tax can Canada v. CIR, G.R. No. 169507, 11 Jan. 2016)
only be collected by the national government, as in fact
he has paid the BIR the required capital gains tax. In the case at bar, XYZ Air was able to sell its airplane tickets
in the Philippines through ABC Agency, its general agent in
The Municipality countered that under the the Philippines. As such, it is taxable on income derived
Constitution, each local government is vested with the from sources within the Philippines and not on Gross
power to create its own sources of revenue and to levy Philippines Billings, subject to any applicable tax treaty.
taxes, and it imposed the subject tax in the exercise of (UPLC Suggested Answers)
said Constitutional authority. Resolve the controversy.
(1991 BAR) Q: Jennifer is the only daughter of Janina who was a
resident in Los Angeles, California, U.S.A. Janina died in
A: THE ORDINANCE IS VOID. The LGC only allows the U.S. leaving to Jennifer one million shares of Sun Life
provinces and cities to impose a tax on the transfer of (Philippines), Inc., a corporation organized and
ownership of real property. (Secs. 135 and 151, LGC) existing under the laws of the Republic of the
Municipalities are prohibited from imposing said tax that Philippines. Said shares were held in trust for Janina by
provinces are specifically authorized to levy. the Corporate Secretary of Sun Life and the latter can
vote the shares and receive dividends for Janina. The
While it is true that the Constitution has given broad powers Internal Revenue Service (IRS) of the U.S. taxed the
of taxation to LGUs, this delegation, however, is subject to shares on the ground that Janina was domiciled in the
such limitations as may be provided by law. (Sec. 5, Art. X, U.S. at the time of her death. Can the CIR of the
1987 Constitution) Philippines also tax the same shares? Explain. (2016
BAR)
TERRITORIAL
(2019, 2016, 2014, 2011, 2009 BAR) A: YES. The property being a property located in the
Philippines, it is subject to the Philippine’s estate tax
Q: XYZ Air, a 100% foreign-owned airline company irrespective of the citizenship or residence of the decedent.
based and registered in Netherlands, is engaged in the (Sec. 85, NIRC) However, if Janina is a non-resident alien at
international airline business and is a member the time of her death, the transmission of the shares of stock
signatory of the International Air Transport can only be taxed applying the principle of reciprocity. (Sec.
Association. Its commercial airplanes neither operate 104, NIRC; UPLC Suggested Answers)
within the Philippine territory nor are its service
passengers embarking from Philippine airports. Q: Triple Star, a domestic corporation, entered into a
Nevertheless, XYZ Air is able to sell its airplane tickets Management Service Contract with Single Star, a non-
in the Philippines through ABC Agency, its general resident foreign corporation with no property in the
agent in the Philippines. As XYZ Air’s ticket sales, sold Philippines. Under the contract, Single Star shall
through ABC Agency for the year 2013, amounted to ₱ provide managerial services for Triple Star’s Hongkong
5,000,000.00, the BIR assessed XYZ Air deficiency branch. All said services shall be performed in Hong
income taxes on the ground that the income from the Kong. Is the compensation for the services of Single Star
said sales constituted income derived from sources taxable as income from sources within the Philippines?
within the Philippines. Explain. (2014 BAR)
Aggrieved, XYZ Air filed a protest, arguing that, as a A: NO. The compensation for services rendered by Single
non-resident foreign corporation, it should only be Star is an income derived from sources without the
taxed for income derived from sources within the Philippines. To be considered as income from within, the

2022 GOLDEN NOTES
QuAMTO (1987-2021)
labor or service must be performed within the Philippines. Thus, the CTA should apply the treaty provision so that the
(Sec. 42(A)(3) and (C)(3), NIRC) Since all the services claim for refund representing the difference between the
required to be performed by Single Star, a non-resident amount actually withheld and paid to the BIR and the
foreign corporation, is to be performed in Hongkong, the amount due and payable under the treaty should be
entire income is from sources without. (UPLC Suggested granted. (Hawaiian-Philippine Company v. CIR, CTA Case No.
Answers) 3887, 31 May 1988; UPLC Suggested Answers)
INTERNATIONAL COMITY EXEMPTION FROM TAXATION OF GOVERNMENT

(2012, 2009, 2000, 1996, 1992 BAR) ENTITIES
(2016, 2015, 1998 BAR)
Q: In 2011, the Commissioner of the U.S. Internal
Revenue Service (IRS) requested in writing the Q: Philippine National Railways (PNR) operates the rail
Commissioner of Internal Revenue to get the transport of passengers and goods by providing train
information from a bank in the Philippines, regarding stations and freight customer facilities from Tutuban,
the deposits of a U.S. Citizen residing in the Philippines, Manila to the Bicol Province. As the operator of the
who is under examination by the officials of the US IRS, railroad transit, PNR administers the land,
pursuant to the US-Philippine Tax Treaty and other improvements and equipment within the main station
existing laws. Should the BIR Commissioner agree to in Tutuban, Manila.
obtain such information from the bank and provide the
same to the IRS? Explain your answer. (2012 BAR) Invoking Sec. 193 of the Local Government Code (LGC)
expressly withdrawing the tax exemption privileges of
A: YES. The Commissioner should agree to the request government-owned and controlled corporations upon
pursuant to the principle of international comity. The the effectivity of the Code in 1992, the City Government
Commissioner of the Internal Revenue has the authority to of Manila issued Final Notices in the amount of
inquire into bank deposit accounts and related information P624,000,000.00 for the taxable years 2006 to 2010. On
held by financial institutions of a specific taxpayer subject the other hand, PNR, seeking refuge under the principle
of a request for the supply of tax information from a foreign that the government cannot tax itself, insisted that the
tax authority pursuant to an international convention or PNR lands and buildings are owned by the Republic.
agreement to which the Philippines is a signatory or party
of. (Sec 3, R.A. No. 10021; UPLC Suggested Answers) Is the PNR exempt from real property tax? Explain your
answer. (2016 BAR)
Q: ABCD Corporation (ABCD) is a domestic corporation
with individual and corporate shareholders who are A: YES. The properties of PNR are properties of public
residents of the United States. For the 2nd quarter of dominion owned by the Republic of the Philippines, which
1983, these U.S.-based individual and corporate are exempt from real property tax. (Sec. 234, LGC)
stockholders received cash dividends from the
corporation. The corresponding withholding tax on In MIAA v. CA (G.R. No. 155650, 20 July 2006), the Supreme
dividend income — 30% for individual and 35% for Court held that MIAA is a government instrumentality and
corporate non-resident stockholders — was deducted is not a government-owned and controlled corporation,
at source and remitted to the BIR. therefore the real properties owned by MIAA are not
subject to real estate tax, except when MIAA leases its real
On May 15, 1984, ABCD filed with the Commissioner of property to private parties. In the said case, PNR was cited
Internal Revenue a formal claim for refund, alleging as an example of such government instrumentality which is
that under the RP-US Tax Treaty, the deduction deemed exempt.
withheld at source as tax on dividends earned was fixed
at 25% of said income. Thus, ABCD asserted that it NOTE: The Light Rail Transit Authority (LRTA) is also
overpaid the withholding tax due on the cash dividends exempt as it is a government instrumentality vested with
given to its non-resident stockholders in the U.S. The corporate powers. (LRTA v. Quezon City, G.R. No. 221626, 09
Commissioner denied the claim. Oct. 2019; UPLC Suggested Answers)
On January 17, 1985, ABCD filed a petition with the Q: LLL is a government instrumentality created by
Court of Tax Appeals (CTA) reiterating its demand for Executive Order to be primarily responsible for
refund. integrating and directing all reclamation projects for
the National Government. It was not organized as a
Is the contention of ABCD Corporation correct? Why or stock or a non-stock corporation, nor was it intended to
why not? (2009 BAR) operate commercially and compete in the private
market.
A: YES. The provision of a treaty must take precedence over
and above the provisions of the local taxing statute By virtue of its mandate, LLL reclaimed several
consonant with the principle of international comity. Tax portions of the foreshore and offshore areas of the
treaties are accepted limitations to the power of taxation. Manila Bay, some of which were within the territorial

Political Law
jurisdiction of Q City. Certificates of title to the everywhere with all people at all times. Accordingly,
reclaimed properties in Q City were issued in the name singling out one particular class for taxation purposes does
of LLL in 2008. In 2014, Q City issued Warrants of Levy not infringe the requirement of uniformity.
on said reclaimed properties of LLL based on the
assessment for delinquent property taxes for the years Q: An Executive Order was issued pursuant to a law
2010 to 2013. (2015 BAR) granting tax and duty incentives only to businesses and
residents within the “secured area” of the Subic
(a) Are the reclaimed properties registered in the Economic Special Zone, and denying said incentives to
name of LLL subject to real property tax? those who live within the Zone but outside such
“secured area”. Is the constitutional right of equal
A: NO. The reclaimed properties are not subject to real protection of the law violated by the Executive Order?
property tax because LLL is a government instrumentality. Explain. (2000 BAR)
Under the law, real property owned by the Republic of the
Philippines is exempt from real property tax unless the A: NO. Equal protection of the law clause is subject to
beneficial use thereof has been granted to a taxable person. reasonable classification. Classification, to be valid, must:
(Sec. 234, LGC) When the title of the real property is (1) rest on substantial distinctions; (2) be germane to the
transferred to LLL, the Republic remains the owner of the purpose of the law; (3) not be limited to existing conditions
real property. Thus, such arrangement does not result in the only; and (4) apply equally to all members of the same class.
loss of the tax exemption. (Republic of the Philippines,
represented by The Philippine Reclamation Authority v. City There are substantial differences between big investors
of Paranaque, G.R. No. 191109, 18 July 2012) being enticed to the “secured area” and the business
operators outside in accord with the equal protection clause
(b) Will your answer be the same in (a) if from that does not require territorial uniformity of laws. The
2010 to the present time, LLL is leasing classification applies equally to all the resident individuals
portions of the reclaimed properties for the and businesses within the “secured area". The residents,
establishment and use of popular fastfood being in like circumstances to contributing directly to the
restaurants J Burgers, G Pizza, and K Chicken? achievement of the end purpose of the law, are not
categorized further. Instead, they are similarly treated both
A: NO. As a rule, properties owned by the Republic of the in privileges granted and obligations required. (Tiu v. CA,
Philippines are exempt from real property tax except when G.R. No. 127410, 20 Jan. 1999)
beneficial use thereof has been granted, for consideration,
or otherwise, to a taxable person. When LLL leased out Q: RC is a law-abiding citizen who pays his real estate
portions of the reclaimed properties to taxable entities, taxes promptly. Due to a series of typhoons and
such as popular fast food restaurants, the reclaimed adverse economic conditions, an ordinance is passed
properties are subject to real property tax. (Sec. 234(a), LGC; by MM City granting a 50% discount for payment of
GSIS v. City Treasurer, G.R. No. 186242, 23 Dec. 2009; UPLC unpaid real estate taxes for the preceding year and the
Suggested Answers) condonation of all penalties on fines resulting from the
late payment.
CONSTITUTIONAL LIMITATIONS
Arguing that the ordinance rewards delinquent
PROVISIONS DIRECTLY taxpayers and discriminates against prompt ones, RC
AFFECTING TAXATION demands that he be refunded an amount equivalent to
one-half of the real taxes he paid. The municipal
attorney rendered an opinion that RC cannot be
UNIFORMITY AND EQUALITY OF TAXATION
reimbursed because the ordinance did not provide for
(2017, 2014, 2013, 2004, 2003, 2000, 1998 BAR)
such reimbursement. RC files suit to declare the
ordinance void on the ground that it is a class
Q: Explain the requirement of uniformity as a legislation. Will his suit prosper? Explain your answer
limitation in the imposition and/or collection of taxes. briefly. (2004 BAR)
(1998 BAR)
A: NO. The suit will not prosper. The remission or
A: Uniformity in the imposition and/or collection of taxes condonation of taxes due and payable to the exclusion of
means that all taxable articles, or kinds of property of the taxes already collected does not constitute unfair
same class shall be taxed at the same rate. The requirement discrimination. Each set of taxes is a class by itself, and the
of uniformity is complied with when the tax operates with law would be open to attack as class legislation only if all
the same force and effect in every place where the subject taxpayers belonging to one class were not treated alike.
of it is found. (Churchill v. Concepcion, G.R. No. 11572, 22 (Juan Luna Subdivision, Inc. v. Sarmiento, G.R. No. L-3538, 28
Sept. 1916) May 1952)
Different articles may be taxed at different amounts

provided that the rate is uniform on the same class

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: A law was passed exempting doctors and lawyers American Tobacco v. Camacho, G.R. No. 163583, 15 Apr.
from the operation of the value-added tax. Other 2009)
professionals complained and filed a suit questioning
the law for being discriminatory and violative of the Uniformity in taxation, like the kindred concept of equal
equal protection clause of the Constitution since protection, merely requires that all subjects or objects of
complainants were not given the same exemption. Is taxation, similarly situated, are to be treated alike both in
the suit meritorious or not? Reason briefly. (2004 BAR) privileges and liabilities. Uniformity does not forfend
classification as long as: (1) the standards that are used
A: YES. The VAT is designed for economic efficiency. Hence, therefor are substantial and not arbitrary; (2) the
should be neutral to those who belong to the same class. categorization is germane to achieve the legislative
Professionals are a class of taxpayers by themselves who, purpose; (3) the law applies, all things being equal, to both
in compliance with the rule of equality of taxation, must be present and future conditions; and (4) the classification
treated alike for tax purposes. Exempting lawyers and applies equally well to all those belonging to the same class.
doctors from a burden to which other professionals are (Rufino R. Tan v. Del Rosario, Jr., G.R. No. 109289, 03 Oct.
subjected will make the law discriminatory and violative of 1994) All of the foregoing requirements of a valid
the equal protection clause of the Constitution. While classification having been met and those which are singled
singling out a class for taxation purposes will not infringe out are a class in themselves, there is no violation of the
upon this constitutional limitation (Shell v. Vano, G.R. No. L- “Equal Protection Clause” of the Constitution. (UPLC
6093, 24 Feb. 1954), singling out a taxpayer from a class will Suggested Answers)
no doubt transgress the constitutional limitation. (Ormoc
Sugar Co. Inc. v. Treasurer of Ormoc City, G.R. No. L-23794, PROHIBITION AGAINST TAXATION OF RELIGIOUS,
17 Feb. 1968) Treating doctors and lawyers as a different CHARITABLE ENTITIES, AND EDUCATIONAL ENTITIES
class of professionals will not comply with the (2013, 2006, 2005, 2000, 1996, 1994, 1993 BAR)
requirements of a reasonable, hence valid classification,
because the classification is not based upon substantial
Q: The Constitution provides "charitable institutions,
distinction which makes real differences. The classification
churches, parsonages or convents appurtenant thereto,
does not comply with the requirement that it should be
mosques, and non-profit cemeteries and all lands,
germane to the purpose of the law either. (Pepsi-Cola
buildings, and improvements actually, directly and
Bottling Co., Inc. v. City of Butuan, G.R. No. L-22814, 28 Aug.
exclusively used for religious, charitable or educational
1968)
purposes shall be exempt from taxation." This
provision exempts charitable institutions and religious
Q: Heeding the pronouncement of the President that
institutions from what kind of taxes? Choose the best
the worsening traffic condition in the metropolis was a
answer. Explain. (2006 BAR)
sign of economic progress, the Congress enacted R.A.
10701, also known as An Act Imposing a Transport Tax
a. from all kinds of taxes, i.e., income, VAT,
on the Purchase of Private Vehicles.
customs duties, local taxes and real property
tax
Under R.A. 10701, buyers of private vehicles are
required to pay a transport tax equivalent to 5% of the
b. from income tax only
total purchase price per vehicle purchased. R.A. 10701
provides that the Land Transportation Office (LTO)
c. from value-added tax only
shall not accept for registration any new vehicles
without proof of payment of the 5% transport tax. R.A.
d. from real property tax only
10701 further provide that existing owners of private
vehicles shall be required to pay a tax equivalent to 5%
e. from capital gains tax only
of the current fair market value of every vehicle
registered with the LTO. However, R.A. 10701 exempts
A: (D) from real property tax only.
owners of public utility vehicles and the Government
from the coverage of the 5% transport tax.
This exemption applies only to property taxes. What is
exempted is not the institution itself but the lands,
A group of private vehicle owners sue on the ground
buildings, and improvements actually, directly, and
that the law is unconstitutional for contravening the
exclusively used for religious, charitable, and educational
Equal Protection Clause of the Constitution.
purposes. (CIR v. CA and YMCA, G.R. No. 124043, 14 Oct. 1998;
Bar Q&A by Mamalateo, 2019)
Rule on the constitutionality and validity of R.A. 10701.
(2017 BAR)
Q: A group of philanthropists organized a non-stock,
non-profit hospital for charitable purposes to provide
A: R.A. 10701 IS VALID AND CONSTITUTIONAL. A levy of
medical services to the poor. The hospital also
tax is not unconstitutional because it is not intrinsically
accepted paying patients although none of its income
equal and uniform in its operation. The uniformity rule does
accrued to any private individual; all income were
not prohibit classification for purposes of taxation. (British
plowed back for the hospital’s use and not more than

Political Law
30% of its funds were used for administrative such lease is for commercial purposes, thereby, removing
purposes. Is the hospital subject to tax on its income? If the asset from the property tax exemption granted under
it is, at what rate? (2013 BAR) the Constitution. (CIR vs. De La Salle University, Inc., GR. Nos,
196596, 198841, 198941, 09 Nov. 2016; UPLC Suggested
A: YES. Although a non-stock, non-profit hospital organized Answers)
for charitable purposes is generally exempt from income
tax, it becomes taxable on income derived from activities (b) Is KKl's income from the rental fees subject to
conducted for profit. Services rendered to paying patients income tax?
are considered activities conducted for profit which are
subject to income tax, regardless of the disposition of said A: YES. Despite falling under the organizations enumerated
income. The hospital is subject to an income tax rate of 10% under Section 30 of the NIRC, the last paragraph of the
of its net income derived from the paying patients same provision makes KKI’s
considering that the income earned appears to be derived income of whatever kind and character from any of its
solely from hospital-related activities. (CIR v. St. Luke’s properties, real or personal, or from any of its activities
Medical Center, Inc., G.R. No. 195909 and 195960, 26 Sept. conducted for profit regardless of the disposition made of
2012; UPLC Suggested Answers) such income, subject to income tax. (Sec. 30, NIRC last
paragraph)
NOTE: Beginning July 1, 2020 up to June 30, 2023, the rate
of one percent (1%) shall apply to, among others, hospitals Q: San Juan University is a non-stock, non-profit
which are non-profit. After June 30, 2023, the rate shall educational institution. It owns a piece of land in
revert to the preferential corporate income tax rate of 10%. Caloocan City on which its three 3-storey school
(RR 3-2022) building stood. Two of the buildings are devoted to
classrooms, laboratories, a canteen, a bookstore, and
PROHIBITION AGAINST TAXATION OF NON-STOCK, administrative offices. The third building is reserved as
NON-PROFIT EDUCATIONAL INSTITUTIONS dormitory for student athletes who are granted
(2018, 2017, 2004, 1996 BAR) scholarships for a given academic year.
In 2017, San Juan University earned income from

Q: Kilusang Krus, Inc. (KKI) is a non-stock, non-profit
tuition fees and from leasing a portion of its premises
religious organization which owns a vast tract of land
to various concessionaires of food, books, and school
in Kalinga.
supplies. (2017 BAR)
KKI has devoted 1/2 of the land for various uses: a

(a) Can the City Treasurer of Caloocan City collect
church with a cemetery exclusive for deceased priests
real property taxes on the land and building of
and nuns, a school providing K to 12 education, and a
San Juan University? Explain your answer.
hospital which admits both paying and charity
patients. The remaining 1/2 portion has remained idle.
A: YES. The City Treasurer can collect real property taxes
but on the leased portion. Sec. 4(3), Art. XIV of the 1987
The KKI Board of Trustees decided to lease the
Constitution provides that a non-stock, non-profit
remaining 1/2 portion to a real estate developer which
educational institution shall be exempt from taxes and
constructed a community mall over the property.
duties only if the same are used actually, directly, and
exclusively for educational purposes. The test of exemption
Since the rental income from the lease of the property
from taxation is the use of the property for purposes
was substantial, the KKI decided to use the amount to
mentioned in the Constitution. The leased portion of the
finance: (1) the medical expenses of the charity
building may be subject to real property tax since such
patients in the KKI Hospital; and (2) the purchase of
lease is for commercial purposes, thereby, it removes the
books and other educational materials for the students
asset from the property tax exemption granted under the
of KKI School. (2018 BAR)
Constitution. (CIR v. De La Salle University, Inc., G.R. No.
196596, 09 Nov. 2016)
(a) Is KKI liable for real property taxes on the
land?
(b) Is the income earned by San Juan University for
the year 2017 subject to income tax? Explain
A: YES, but only on the leased portion. Article VI, Section
your answer.
28(3) of the 1987 Constitution provides that “charitable
institutions, churches and personages or convents
A: NO. The income earned is not subject to income tax
appurtenant thereto, mosques, non-profit cemeteries, and
provided that the revenues are used actually, directly, and
all lands, buildings, and improvements, actually, directly,
exclusively for educational purposes as provided under Sec.
and exclusively used for religious, charitable, or
4(3), Art. XIV of the 1987 Constitution. The requisites for
educational purposes shall be exempt from taxation”. The
availing the tax exemption under Sec. 4(3), Art. XIV are as
test of exemption from taxation is the use of the property
follows: (1) the taxpayer falls under the classification non-
for purposes mentioned in the Constitution. The leased
stock, non-profit educational institution; and (2) the
portion of the land may be subject to real property tax since

2022 GOLDEN NOTES
QuAMTO (1987-2021)
income it seeks to be exempted from taxation is used A: YES. Mercy Hospital can claim exemption from taxation
actually, directly and exclusively for educational purposes; under the provision of the Constitution, but only with
thus, so long as the requisites are met, the revenues are respect to real property taxes provided that such real
exempt from tax. (CIR v. De La Salle University, Inc., G.R. Nos. properties are used actually, directly and exclusively for
196596, 198841 and 198941, 09 Nov. 2016; UPLC Suggested charitable purposes.
Answers)
GRANT OF POWER TO THE LGUS TO CREATE ITS OWN
Q: XYZ Colleges is a non-stock, non-profit educational SOURCES OF REVENUE
institution run by the Archdiocese of BP City. It (2019, 2018, 2003 BAR)
collected and received the following:
Q: May Congress, under the 1987 Constitution, abolish

(a) Tuition fees
the power to tax of local governments? (2003 BAR)
(b) Dormitory Fees
(c) Rentals from canteen concessionaires
A: NO. The Congress cannot abolish the local government’s
(d) Interest from money-market placements of the
power to tax as it cannot abrogate what is expressly
tuition fees
granted by the fundamental law. The only authority
(e) Donation of a lot and building by school alumni
conferred to Congress is to provide the guidelines and
limitations on the local government’s exercise of the power
Which of these above cited income and donation would
to tax.
not be exempt from taxation? Explain briefly. (2004
BAR)
Q: KM Corporation, doing business in the City of
Kalookan, has been a distributor and retailer of
A: The following are not exempt from taxation, viz:
clothing and household materials. It has been paying
the City of Kalookan local taxes based on Secs. 15 (Tax
(c) xxx. Rental income is considered as unrelated to the
on Wholesalers, Distributors or Dealers) and 17 (Tax
school operations; hence, taxable.
on Retailers) of the Revenue Code of Kalookan City
(Code). Subsequently, the Sangguniang Panglungsod
(d) xxx. The interest on the placement is taxable. (DOF
enacted an ordinance amending the Code by inserting
Order No. 137-87)
Sec. 21 which imposes a tax on “Businesses Subject to
Excise, Value-Added and Percentage Taxes under the
If, however, the said rental income and/or interest are used
NIRC,” at the rate of 50% of 1% per annum on the gross
actually, directly and exclusively for educational purposes
sales and receipts on persons “who sell goods and
as proven by substantial evidence, the same will be exempt
services in the course of trade or business.” KM
from taxation. (CIR v. CA, G.R. No. 124043, 14 Oct. 1998)
Corporation paid the taxes due under Sec. 21 under
protest, claiming that: (a) local government units could
The other items of income which were all derived from
not impose a tax on businesses already taxed under the
school-related activities will be exempt from taxation in the
NIRC; and (b) this would amount to double taxation,
hands of the recipient if used actually, directly and
since its business was already taxed under Secs. 15 and
exclusively for educational purposes. (Sec. 4(3), Art. XIV,
17 of the Code.
1987 Constitution)
May LGUs impose tax on businesses already subjected

The donation to a non-stock, non-profit educational
to tax under the NIRC? (2018 BAR)
institution will be exempt from donor’s tax if used actually,
directly and exclusively for educational purposes and
A: YES. Sec. 143 in relation to Sec. 151 of the LGC provides
provided, that, not more than 30% of the donation is used
for the power of cities to impose a local business tax, and
for administration purposes. (Sec. 4 (4), Art. XIV, 1987
one of those which may be subjected to such tax are those
Constitution in relation to Section 101(A)(3), NIRC)
businesses that are subject to “excise tax, value-added tax
and percentage tax” under the NIRC, other than those
Q: The Constitution exempts from taxation charitable
specifically enumerated by the same provision. The tax
institutions, churches, parsonages or convents
imposed by the city shall not exceed 2% of the gross sales
appurtenant thereto, mosques and non-profit
or gross receipts of the preceding calendar year. (Sec.
cemeteries and lands, buildings and improvements
143(h), in relation to Sec. 151, LGC; UPLC Suggested Answers)
actually, directly and exclusively used for religious,
charitable and educational purposes.
Q: In 2018, City X amended its Revenue Code to include
a new provision imposing a tax on every sale of
Mercy Hospital is a 100-bed hospital organized for
merchandise by a wholesaler based on the total selling
charity patients. Can said hospital claim exemption
price of the goods, inclusive of value-added taxes (VAT).
from taxation under the above-quoted constitutional
ABC Corp., a wholesaler operating within the city,
provision? Explain. (1996 BAR)
challenged the new provision based on the following
contentions: (1) The new provision is a form of
prohibited double taxation because it essentially

Political Law
amounts to City X imposing VAT which was already vehicles without proof of payment of the 5% transport
being levied by the national government; and (2) since tax. R.A. No. 10701 further provide that existing
the tax being imposed is akin to VAT, it is beyond the owners of private vehicles shall be required to pay a tax
power of City X to levy the same. equivalent to 5% of the current fair market value of
every vehicle registered with the LTO. However, R.A.
Rule on ABC Corp.’s second contention. (2019 BAR) No. 10701 exempts owners of public utility vehicles
and the Government from the coverage of the 5%
A: ABC CORP. IS INCORRECT. Under the LGC, LGUs are transport tax.
empowered to enact ordinances that will aid in their
revenue generation, which is in consonance with the A group of private vehicle owners sue on the ground
principle of fiscal autonomy of LGUs. Although the tax to be that the law is unconstitutional for contravening the
imposed is akin to VAT, the LGU may nevertheless impose Equal Protection Clause of the Constitution.
such local business tax. (UPLC Suggested Answers)
Rule on the constitutionality and validity of R.A. No.
ALTERNATIVE ANSWER: 10701. (2017 BAR)
ABC CORP. IS INCORRECT. Under Section 133(i) of the A: IT IS VALID AND CONSTITUTIONAL. A levy of tax is not
LGC, cities may not impose percentage or value-added tax unconstitutional because it is not intrinsically equal and
(VAT) on sales, barters or exchanges or similar transactions uniform in its operation. The uniformity rule does not
on goods or services “except as otherwise provided prohibit classification for purposes of taxation. (British
herein”. As an exception to the said rule, Section 143(b) of American Tobacco v. Camacho, G.R. No. 163583, 20 Aug.
the LGC allows the imposition of taxes on wholesalers, 2008)
distributors, or dealers in any article of commerce of
whatever kind or nature for municipalities. Moreover, Uniformity of taxation, like the kindred concept of equal
Section 151 of the LGC provides that cities may impose protection, merely requires that all subjects or objects of
whatever the municipality is imposing. Thus, City X may taxation, similarly situated, are to be treated alike both in
levy the said tax. privileges and liabilities. Uniformity does not forfend
classification as long as: (1) the standards that are use
PROVISIONS INDIRECTLY AFFECTING TAXATION thereof are substantial and not arbitrary, (2) the
categorization is germane to achieve the legislative
EQUAL PROTECTION purpose, (3) the law applies, all things being equal, to both
(2017, 2013, 2010, 2009, 2004, 2000 BAR) present and future conditions, and (4) the classification
applies equally well to all those belonging to the same class.
(Tan v. Del Rosario, Jr., G.R. Nos. 109289 and 109446, 03 Oct.
Q: What is the “rational basis” test? Explain briefly.
1994) All of the foregoing requirement of a valid
(2010 BAR)
classification having been met and those which are singled
out are a class in themselves, there is no violation of the
A: The rational basis test is applied to gauge the
“Equal Protection Clause” of the Constitution. (UPLC
constitutionality of an assailed law in the face of an equal
Suggested Answers)
protection challenge. It has been held that “in areas of social
and economic policy, a statutory classification that neither
Q: The City of Manila enacted Ordinance No. 55-66
proceeds along suspect lines nor infringes constitutional
which imposes a municipal occupation tax on persons
rights must be upheld against equal protection challenge if
practicing various professions in the city. Among those
there is any reasonably conceivable state of facts that could
subjected to the occupation tax were lawyers. Atty.
provide a rational basis for the classification.” Under the
Mariano Batas, who has a law office in Manila, pays the
rational basis test, it is sufficient that the legislative
ordinance-imposed occupation tax under protest. He
classification is rationally related to achieving some
goes to court to assail the validity of the ordinance for
legitimate State interest. (British American Tobacco v.
being discriminatory. Decide with reasons. (2009 BAR)
Camacho and Parayno, G.R. No. 163583, 15 Apr. 2009; UPLC
Suggested Answers)
A: THE ORDINANCE IS VALID. The tax imposed by the
ordinance is in the nature of a professional tax which is
Q: Heeding the pronouncement of the President that
authorized by law to be imposed by cities. (Sec. 151 in
the worsening traffic condition in the metropolis was a
relation to 139, LGC) The ordinance is not discriminatory
sign of economic progress, the Congress enacted R.A.
because the City Council has the power to select the
No. 10701, also known as An Act Imposing a Transport
subjects of taxation and impose the same tax on those
Tax on the Purchase of Private Vehicles.
belonging to the same class. The authority given by law to
cities is to impose a professional tax only on persons
Under R.A. No. 10701, buyers of private vehicles are
engaged in the practice of their profession requiring
required to pay a transport tax equivalent to 5% of the
government examination and lawyers are included within
total purchase price per vehicle purchased. R.A. No.
that class of professionals. (UPLC Suggested Answers)
10701 provides that the Land Transportation Office
(LTO) shall not accept for registration of any new

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: RC is a law-abiding citizen who pays his real estate NPC and KTR companies questioned the assessments
taxes promptly. Due to a series of typhoons and on the ground that, having made their investments in
adverse economic conditions, an ordinance is passed full reliance with the period of exemption granted by
by MM City granting a 50% discount for payment of the law, its repeal violated their constitutional right
unpaid real estate taxes for the preceding year and the against the impairment of the obligations and
condonation of all penalties on fines resulting from the contracts. Is the contention of the companies tenable
late payment. Arguing that the ordinance rewards or not? Reason briefly. (2004 BAR)
delinquent taxpayers and discriminates against
prompt ones, RC demands that he be refunded an A: The contention is not tenable. The exemption granted is
amount equivalent to ½ of the real taxes he paid. The in the nature of a unilateral tax exemption. Since the
municipal attorney rendered an opinion that RC cannot exemption given is spontaneous on the part of the
be reimbursed because the ordinance did not provide legislature and no service or duty or other remunerative
for such reimbursements. RC files suit to declare the conditions have been imposed on the taxpayers receiving
ordinance void on the ground that it is a class the exemption, it may be revoked at will by the legislature.
legislation. Will a suit prosper? (2004 BAR) (Manila Railroad Company v. Insular Collector of Customs,
G.R. No. L-30264, 12 Mar. 1929)
A: NO. The remission or condonation of taxes due and
payable to the exclusion of taxes already collected does not Q: X Corporation was the recipient in 1990 of two tax
constitute unfair discrimination. Each set of taxes is a class exemptions both from Congress, one law exempting
by itself and the law would be open to attack as class the company’s bond issues from taxes and the other
legislation only if all taxpayers belonging to one class were exempting the company from taxes in the operation of
not treated alike. (Juan Luna Subdivision, Inc., v. Sarmiento, its public utilities. The two laws extending the tax
G.R. L-3538, 28 May 1952) exemptions were revoked by Congress before their
expiry dates. Were the revocations constitutional?
Q: An E.O. was issued pursuant to law, granting tax and (1997 BAR)
duty incentives only to businesses and residents within
the “secured area” of the Subic Economic Special Zone, A: YES. The exempting statutes are both granted
and denying said incentives to those who live within unilaterally by Congress in the exercise of taxing powers.
the zone but outside such “secured area:” Is the Since taxation is the rule and tax exemption, the exception,
Constitutional right to equal protection of the law any tax exemptions unilaterally granted can be withdrawn
violated by the Executive Order? (2000 BAR) at the pleasure of the taxing authority without violating the
Constitution. (Mactan Cebu International Airport Authority
A: NO. Equal protection of the law clause is subject to v. Marcos, G.R. No. 120082, 11 Sept. 1996)
reasonable classification. Classification, to be valid, must
(1) rest on substantial distinctions; (2) be germane to the 2. TERRITORIALITY PRINCIPLE AND SITUS OF
purpose of the law; (3) not be limited to existing conditions TAXATION
only, (4) apply equally to all members of the same class. (2019, 2016, 2014, 2009 BAR)
There are substantial differences between big investors
being enticed to the “secured area” and the business
Q: XYZ Air, a 100% foreign-owned airline company
operators outside that are in accord with the equal
based and registered in Netherlands, is engaged in the
protection clause that does not require territorial
international airline business and is a member
uniformity of laws.
signatory of the International Air Transport
Association. Its commercial airplanes neither operate
The classification applies equally to all the resident
within the Philippine territory nor as its service
individuals and businesses within the “secured area.” The
passengers embarking from Philippine airports.
residents, being in like circumstances to contributing
Nevertheless, XYZ Air is able to sell its airplane tickets
directly to the achievement of the end purpose of the law,
in the Philippines through ABC Agency, its general
are not categorized further. Instead, they are similarly
agent in the Philippines. As XYZ Air’s ticket sales, sold
treated, both in privileges granted and obligations
through ABC Agency for the hear 2013, amounted to
required. (Tiu v. CA, G.R. No. 127410, 20 Jan. 1999)
5,000,000.00, the BIR assessed XYZ Air deficiency
income taxes on the ground that the income from the
NON-IMPAIRMENT CLAUSE said sales constituted income derived from sources
(2004, 1997 BAR) within the Philippines.
Q: A law was passed granting tax exemption to certain Aggrieved. XYZ Air filed a protest, arguing that, as a
industries and investments for a period of five years. non-resident foreign corporation, it should only be
But three years later, the law was repealed. With the taxes for income derived from sources within the
repeal, the exemptions were considered revoked by Philippines. However, since it only derived serviced
the BIR, which assessed the investing companies for passengers outside the Philippine territory, the situs of
unpaid taxes effective on the date of the repeal of the the income from its ticket sales should be considered
law. outside the Philippines. Hence, no income tax should be

Political Law
imposed on the same. entire income is from sources without. (UPLC Suggested
Answers)
Is XYZ Air’s protest meritorious? Explain. (2019 BAR)
Q: Kenya International Airlines (KIA) is a foreign
A: NO. Under the law, an international air carrier with no corporation, organized under the laws of Kenya. It is
landing rights in the Philippines is a resident foreign not licensed to do business in the Philippines. Its
corporation if its local sales agent sells and issues tickets in commercial planes do not operate within Philippine
its behalf. An offline international carrier selling package territory, or service passengers embarking from
tickets in the Philippines through a local general sales agent, Philippine airports. The firm is represented in the
is considered a resident foreign corporation doing business Philippines by its general agent, Philippine Airlines
in the Philippines. As such, it is taxable on income derived (PAL), a Philippine corporation.
from sources within the Philippines and not on Gross
Philippines Billings subject to any applicable tax treaty. (Air KIA sells airplane tickets through PAL, and these tickets
Canada v. CIR, G.R. No. 169507, 11 Jan. 2016) are serviced by KIA airplanes outside the Philippines.
The total sales of airline tickets transacted by PAL for
In the case at bar, XYZ Air was able to sell its airplane tickets KIA in 1997 amounted to P2,968,156.00. The
in the Philippines through ABC Agency, its general agent in Commissioner of Internal Revenue assessed KIA
the Philippines. As such, it is taxable on income derived deficiency income taxes at the rate of 35% on its taxable
from sources within the Philippines and not on Gross income, finding that KIA’s airline ticket sales
Philippines Billings, subject to any applicable tax treaty. constituted income derived from sources within the
(UPLC Suggested Answers) Philippines.
Q: Jennifer is the only daughter of Janina who was a KIA filed a protest on the ground that the P2,968,156.00
resident in Los Angeles, California, U.S.A. Janina died in should be considered as income derived exclusively
the U.S. leaving to Jennifer one million shares of Sun from sources outside the Philippines since KIA only
Life (Philippines), Inc., a corporation organized and serviced passengers outside Philippine territory. Is the
existing under the laws of the Republic of the position of KIA tenable? (2009 BAR)
Philippines. Said shares were held in trust for Janina
by the Corporate Secretary of Sun Life and the latter A: NO. KIA’s position is not tenable. The revenue it derived
can vote the shares and receive dividends for Janina. in 1997 from sales of airplane tickets in the Philippines,
The Internal Revenue Service (IRS) of the U.S. taxed the through its agent PAL, is considered as income from within
shares on the ground that Janina was domiciled in the the Philippines, subject to the 35% tax based on its taxable
U.S. at the time of her death. Can the CIR of the income. The transacting of business in the Philippines
Philippines also tax the same shares? Explain. (2016 through its local sales agent, makes KIA a resident foreign
BAR) corporation despite the absence of landing rights, thus, it is
taxable on income derived from within. The source of an
A: YES. The property being a property located in the income is the property, activity, or service that produce the
Philippines, it is subject to the Philippines estate tax income. In the instant case, it is the sale of tickets in the
irrespective of the citizenship or residence of the decedent. Philippines which is the activity that produce the income.
(Sec. 85, NIRC) However, if Janina is a non-resident alien at KIA’s income being derived from within, is subject to
the time of her death, the transmission of the shares of Philippine income tax. (UPLC Suggested Answers)
stock can only be taxed applying the principle of
reciprocity. (Sec. 104, NIRC; UPLC Suggested Answers)
D. REQUISITES OF A VALID TAX
Q: Triple Star, a domestic corporation, entered into a
Management Service Contract with Single Star, a non-
resident foreign corporation with no property in the
Philippines. Under the contract, Single Star shall
provide managerial services for Triple Star’s E. TAX AS DISTINGUISHED FROM OTHER FORMS OF
Hongkong branch. All said services shall be performed EXACTIONS
in Hong Kong. Is the compensation for the services of
Single Star taxable as income from sources within the
Philippines? Explain. (2014 BAR)
A: NO. The compensation for services rendered by Single

Star is an income derived from sources without the
Philippines. To be considered as income from within, the
labor or service must be performed within the Philippines.
(Sec. 42(A)(3) and (C)(3), NIRC) Since all the services
required to be performed by Single Star, a non-resident
foreign corporation, is to be performed in Hongkong, the

2022 GOLDEN NOTES
QuAMTO (1987-2021)
2. CONSTRUCTION AND INTERPRETATION OF TAX

F. KINDS OF TAXES LAWS, RULES, AND REGULATIONS
(2013, 2012, 2007, 2006, 2005, 2000, 1996 BAR)
Q: Distinguish “direct taxes” from “indirect taxes." Give Q: Why are tax exemptions strictly construed against
examples. (2006 BAR) the taxpayer? (1996 BAR)
A: Direct taxes are demanded from the very person who, as A: Tax exemptions are strictly construed against the
intended, should pay the tax which he cannot shift to taxpayer because such provisions are highly disfavored
another; while an indirect tax is demanded in the first and may almost be said to be odious to the law. (Manila
instance from one person with the expectation that he can Electric Company v. Vera, G.R. No. L-29987, 22 Oct. 1975)
shift the burden to someone else, not as a tax, but as part of The exception contained in the tax statutes must be
the purchase price. (Maceda v. Macaraig, Jr., 223 SCRA 217, strictly construed against the one claiming the exemption
1993) Examples of direct taxes are income tax, estate tax because the law does not look with favor on tax
and donor’s tax. Examples of indirect taxes are value-added exemptions, they, being contrary to the life-blood theory
tax, percentage tax and excise tax on excisable articles. which is the underlying basis for taxes.
Q: Article VII, Section 28(3) of the 1987 Philippine

Constitution provides that charitable institutions,
G. DOCTRINES IN TAXATION
churches, parsonages or convents appurtenant thereto,
mosques, and non- profit cemeteries and all lands,
buildings, and improvements actually, directly and
1. LIFEBLOOD THEORY exclusively used for religious, charitable or educational
(2016, 2015, 2012, 2011, 1991 BAR) purposes shall be exempt from taxation. Is proof of
actual use necessary for tax exemption purposes under
Q: Which statement expresses the lifeblood theory? the Constitution? (2000 BAR)
(2012 BAR)
A: YES, because tax exemptions are strictly construed
A: Taxes are the lifeblood of the government, for without against the taxpayer. There must be evidence to show that
taxes, the government can neither exist nor endure. A the taxpayer has complied with the requirements for
principal attribute of sovereignty, the exercise of taxing exemption. Furthermore, real property taxation is based on
power derives its sources from the very existence of the use and not on ownership; hence, the same rule must also
state whose social contract with its citizens obliges it to be applied for real property tax exemptions. (Bar Q&A by
promote public interest and common good. The theory Mamalateo, 2019)
behind the exercise of the power to tax emanates from
necessity; without taxes, government cannot fulfill its Q: ABC Corporation is registered as a holding company
mandate of promoting the general welfare and well-being and has an office in the City of Makati. It has no actual
of the people. (NPC v. City of Cabanatuan, G.R. No. 149110, business operations. It invested in another company
09 Apr. 2003; UPLC Suggested Answers) and its earnings are limited to dividends from this
investment, interests on its bank deposits, and foreign
Q: Briefly explain the following doctrines: lifeblood exchange gains from its foreign currency account. The
doctrine and necessity theory (2016 BAR) City of Makati assessed ABC Corporation as a contractor
or one that sells services for a fee. Is the City of Makati
A: The following doctrines, explained: correct? (2013 BAR)
Lifeblood doctrine – Without revenue raised from taxation, A: NO. The corporation cannot be considered as a
the government will not survive, resulting in detriment to contractor, because it does not render services for others
society. Without taxes, the government would be paralyzed for a fee. Contactor is one whose activity consists essentially
for lack of motive power to activate and operate it. (CIR v. in the sale of all kinds of services for a fee, regardless of
Algue, G.R. No. L-28896, 17 Feb. 1988) whether or not the performance of the service calls for the
exercise or use of the physical or mental faculties of such
Necessity theory – The exercise of the power to tax contractor or its employees. To be considered as a
emanates from necessity, because without taxes, contractor, the corporation must derive income from doing
government cannot fulfill its mandate of promoting the active business of selling services and not from deriving
general welfare and well-being of the people. (CIR v. BPI, purely passive income. Accordingly, a mere holding
G.R. No. 134062, 17 Apr. 2007; UPLC Suggested Answers) company cannot be assessed by the City of Makati as a
contractor. (UPLC Suggested Answers)

Political Law
Q: In the examination conducted by the revenue 3. PROSPECTIVITY OF TAX LAWS

officials against the corporate taxpayer in 2010, the BIR
issued a final assessment notice and demand letter
4. IMPRESCRIPTIBILITY OF TAXES
which states: “It is requested that the above deficiency
tax be paid immediately upon receipt hereof, inclusive
of penalties incident to delinquency. This is our final 5. DOUBLE TAXATION
decision based on investigation. If you disagree, you (2019, 2018, 2017, 2016, 2015, 2014, 2004, 1997,
may appeal this final decision within thirty (30) days 1996 BAR)
from receipt hereof, otherwise said deficiency tax
assessment shall become final, executory and Q: Jennifer is the only daughter of Janina who was a
demandable.” The assessment was immediately resident in Los Angeles, California, U.S.A. Janina died in
appealed by the taxpayer to the Court of Tax Appeals, the U.S. leaving to Jennifer one million shares of Sun Life
without filing its protest against the assessment and (Philippines), Inc., a corporation organized and
without a denial thereof by the BIR. If you were the existing under the laws of the Republic of the
judge, would you deny the petition for review filed by Philippines. Said shares were held in trust for Janina by
the taxpayer and consider the case as prematurely the Corporate Secretary of Sun Life and the latter can
filed? (2012 BAR) vote the shares and receive dividends for Janina. The
Internal Revenue Service (IRS) of the U.S. taxed the
A: NO. The Petition for Review should not be denied. The shares on the ground that Janina was domiciled in the
case is an exception to the rule on exhaustion of U.S. at the time of her death. Explain the concept of
administrative remedies. The BIR is estopped from claiming double taxation. (2016 BAR)
that the filing of the Petition for Review is premature
because the taxpayer failed to exhaust all administrative A: Double taxation occurs when the same subject or object
remedies. The statement of the BIR in its Final Assessment of taxation is taxed twice when it should be taxed but once.
Notice and Demand Letter led the taxpayer to conclude that Double taxation is prohibited when it is an imposition of
only a final judicial ruling in his favor would be accepted by taxes on the same subject matter, for the same purpose, by
the BIR. The taxpayer cannot be blamed for not filing a the same taxing authority, within the same jurisdiction,
protest against the Formal Letter of Demand with during the same taxing period, with the same kind of
Assessment Notices since the language used and the tenor character of a tax. (84 C.J.S. 131-132) It is permissible if taxes
of the demand letter indicate that it is the final decision of are of different nature or character, or the two taxes are
the respondent on the matter. The CIR should indicate, in a imposed by different taxing authorities. (Villanueva v. City
clear and unequivocal language, whether his action on a of Iloilo, G.R. No. L-26521, 28 Dec. 1968; UPLC Suggested
disputed assessment constitutes his final determination Answers)
thereon in order for the taxpayer concerned to determine
when his right to appeal to the tax court accrues. Although Q: Differentiate between double taxation in the strict
there was no direct references for the taxpayer to brim the sense and in a broad sense give an example of each.
matter directly to the CTA, it cannot be denied that the word (2015 BAR)
“appeal” under prevailing tax laws refers to the filing of a
Petition for Review with the CTA. (UPLC Suggested Answers) A: Double taxation in the strict sense pertains to the direct
double taxation. This means that the taxpayer is taxed twice
Q: An alien employee of the Asian Development Bank by the same taxing authority, within the same taxing
(ADB) who is retiring soon has offered to sell his car to jurisdiction, for the same property and same purpose. An
you which he imported tax-free for his personal use. example is the imposition of final withholding tax on cash
The privilege of exemption from tax is granted to dividend and requiring the taxpayer to declare this tax-paid
qualified personal use under the ADB Charter which is income in his tax returns.
recognized by the tax authorities. If you decide to
purchase the car, is the sale subject to tax? Explain. On the other hand, double taxation in the broad sense
(2005 BAR) pertains to indirect double taxation. This extends to all
cases in which there is a burden of two or more impositions.
A: YES. The sale is subject to tax. Section 107(B) of the NIRC It is the double taxation other than those covered by direct
provides that: "In the case of tax-free importation of goods double taxation. (CIR v. Solidbank Corp., G.R. No. 148191, 25,
into the Philippines by persons, entities or agencies exempt Nov. 2003) An example is subjecting the interest income of
from tax where such goods are subsequently sold, banks on their deposits with other banks to the 5% Gross
transferred or exchanged in the Philippines to non-exempt Receipts Tax (GRT) despite of the same income having been
persons or entities, the purchasers, transferees or subjected to 20% Final Withholding Tax (FWT). The GRT is
recipients shall be considered the importer thereof, who a tax on the privilege of engaging in business, while the FWT
shall be liable for any internal revenue tax on such is a tax on the privilege of earning income. (CIR v. Bank of
importation”. Tax exemptions are to be construed strictly Commerce, G.R. No. 149636, 08 June 2005; UPLC Suggested
and are not considered transferable in character. Answers)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: In 2018, City X amended its Revenue Code to include income constituted double taxation because his salary
a new provision imposing a tax on every sale of had been already subjected to withholding tax.
merchandise by a wholesaler based on the total selling
price of the goods, inclusive of value-added taxes (VAT). Is Alfredo's contention correct? Explain your answer.
ABC Corp., a wholesaler operating within the city, (2017 BAR)
challenged the new provision based on the following
contentions: (1) The new provision is a form of A: NO. Double taxation means taxing for the same tax period
prohibited double taxation because it essentially the same thing or activity twice, when it should be taxed but
amounts to City X imposing VAT which was already once, for the same purpose and with the same kind of
being levied by the national government; and (2) Since character of tax. (CIR vs. Citytrust Investment Phils., G.R. Nos.
the tax being imposed is akin to VAT, it is beyond the 139786, 140857, 27 Sept. 2006) The 20% final tax is imposed
power of City X to levy the same. on the interest income, while the tax earlier withheld is on
the salary or compensation income. Thus, though both
Rule on ABC Corp.’s first contention. (2019 BAR) pertain to income tax, they do not pertain to the same thing
or activity and consequently, no double taxation exists.
A: ABC CORP. IS INCORRECT. Under the NIRC, direct (UPLC Suggested Answers)
double taxation exists only when two taxes are imposed on
the same: (1) subject matter, (2) purpose, (3) by the same Q: X, a lessor of a property, pays real estate tax on the
taxing authority, (4) within the same jurisdiction, (5) during premises, a real estate dealer’s tax based on rental
the same taxing period, and (6) the taxes of the same kind receipts and income tax on the rentals. X claims that
of nature. In this case, the taxing authorities are different. this is double taxation. (1996 BAR)
Hence, the tax imposed by the LGU is not a form of direct
double taxation. (UPLC Suggested Answers) A: There is no double taxation. Double taxation means
taxing for the same tax period the same thing or activity
Q: KM Corporation, doing business in the City of twice, when it should be taxed but once, by the same taxing
Kalookan, has been a distributor and retailer of authority for the same purpose and with the same kind or
clothing and household materials. It has been paying character of tax. The real estate tax is a tax on property; the
the City of Kalookan local taxes based on Secs. 15 (Tax real estate dealer’s tax is a tax on the privilege to engage in
on Wholesalers, Distributors or Dealers) and 17 (Tax business; while the income tax is a tax on the privilege to
on Retailers) of the Revenue Code of Kalookan City earn an income. These taxes are imposed by different taxing
(Code). Subsequently, the Sangguniang Panglungsod authorities and are essentially of different kind and
enacted an ordinance amending the Code by inserting character. (Villanueva v. City of Iloilo, G.R. No. L-26521, 28
Sec. 21 which imposes a tax on “Businesses Subject to Dec. 1968)
Excise, Value-Added and Percentage Taxes under the
NIRC,” at the rate of 50% of 1% per annum on the gross 6. EXEMPTION FROM TAXATION
sales and receipts on persons “who sell goods and (2016, 2004, 1992, 1989 BAR)
services in the course of trade or business.” KM
Corporation paid the taxes due under Sec. 21 under
Q: The President of the Philippines and the Prime
protest, claiming that (a) local government units could
Minister of Japan entered into an executive agreement
not impose a tax on businesses already taxed under the
in respect of a loan facility to the Philippines from Japan
NIRC and (b) this would amount to double taxation,
whereby it was stipulated that interest on loans
since its business was already taxed under Secs. 15 and
granted by private Japanese financial institutions to
17 of the Code.
private financial Institutions in the Philippines shall
not be subject to Philippine income taxes. (1992 BAR)
Does this amount to double taxation? (2018 BAR)
Is this tax exemption valid? Explain.
A: YES. The three taxes are all in the nature of local business
taxes on wholesalers, retailers and service providers which
A: YES. The tax exemption is valid because an executive
are imposed by the same taxing authority on the same
agreement has the force and effect of a treaty under the
subject matter for the same tax period; hence, the elements
provision of the Revenue Code. Taxation is subject to
of double taxation are present. (Nursery Care Corp. v.
International Comity.
Acebedo, G.R. No. 180651, 30 July 2014; UPLC Suggested
Answers)
Q: Pursuant to Sec. 11 of the “Host Agreement” between
the United Nations and the Philippine government, it
Q: Upon his retirement, Alfredo transferred his savings
was provided that the World Health Organization
derived from his salary as a marketing assistant to a
(WHO), “its assets, income and other properties shall
time deposit with AAB Bank. The bank regularly
be: (a) exempt from all direct and indirect taxes.”
deducted 20% final withholding tax on the interest
Precision Construction Corporation (PCC) was hired to
income from the time deposit.
construct the WHO Medical Center in Manila. Upon
completion of the building, the BIR assessed a 12% VAT
Alfredo contends that the 20% final tax on the interest
on the gross receipts of PCC derived from the

Political Law
construction of the WHO building. The BIR contends Q: Lucky V Corporation (Lucky) owns a 10-storey
that the 12% VAT is not a direct nor an indirect tax on building in a 2,000 square meter lot in the City of
the WHO but a tax that is primarily due from the Makati. It sold the lot and building to Rainier for P80M.
contractor and is therefore not covered by the Host One month after, Rainier sold the lot and building to
Agreement. The WHO argues that the VAT is deemed an Healthy Smoke Company (HSC) for P200M. Lucky filed
indirect tax as PCC can shift the tax burden to it. Is the its annual tax return and declared its gain from the sale
BIR correct? Explain. (2016 BAR) of the lot and building in the amount of P750,000.
A: NO. Since the WHO, the contractee, is exempt from An investigation conducted by the BIR revealed that
exempt from direct and indirect taxes pursuant to an two months prior to the sale of the properties to
international agreement where the Philippines is a Rainier, Lucky received P40M from HSC and not from
signatory, the exemption from direct taxes should mean Rainier. Said amount of P40M was debited by HSC and
that the entity or person exempt is the contractor itself reflected in its trial balance as “other inv. – Lucky Bldg.”
because the manifest intention of the government is to The month after, another P40M was reflected in HSC’s
exempt the contactor so that no tax may be shifted to the trial balance as “other inv. – Lucky Bldg.” The BIR
contractee. (CIR v. John Gotamco & Sons, Inc., G.R. No. L- concluded that there is tax evasion since the real buyer
31092, 27 Feb. 1987) The immunity of WHO from indirect of the properties of Lucky is HSC and not Rainier. It
taxes extends to the contractor by treating the sale of issued an assessment for deficiency income tax in the
service as effectively zero-rated when the law provided that amount of P79M against Lucky. Lucky argues that it
– “services rendered to persons or entities whose resorted to tax avoidance or a tax saving device, which
exemption under special laws or international agreements is allowed by the NIRC and BIR Rules since it paid the
to which the Philippines is a signatory effectively subjects correct taxes based on its sale to Rainier. On the other
the supply to such service to zero percent rate”. (Sec. hand, Rainier and HSC also paid the prescribed taxes
108(B)(3), NIRC) Accordingly, the BIR is wrong in assessing arising from the sale by Rainier to HSC. Is the BIR
the 12% VAT from the contractor PCC. (UPLC Suggested correct in assessing taxes on Lucky? Explain. (2016
Answers) BAR)
7. ESCAPE FROM TAXATION Q: YES. The sale of the property of Lucky to Rainier and
(2016, 2014, 2008, 2005, 2000, 1996, 1989 BAR) consequently the sale by Rainier to HSC being prompted
more on the mitigation of tax liabilities than for legitimate
business purposes, therefore, constitutes tax evasion. The
Q: Distinguish tax evasion from tax avoidance. (1996
real buyer from Lucky is HSC as evidenced by the direct
BAR)
receipt of payments by the former from the latter where the
latter recorded “other inv. – Lucky Bldg.” The scheme of
A: Tax evasion is a scheme used outside of those lawful
resorting to a two-step transaction in selling the property
means to escape tax liability and, when availed of, it usually
to the ultimate buyer in order to escape paying higher taxes
subjects the taxpayer to further or additional civil or
is considered as outside of those lawful means allowed in
criminal liabilities. Tax avoidance, on the other hand, is a tax
mitigating tax liabilities which makes Lucky criminally and
saving device within the means sanctioned by law, hence
civilly liable. Hence, the BIR is correct in assessing taxes on
legal.
Lucky. (CIR v. The Estate of Benigno Toda Jr., G.R. No. 147188,
14 Sept. 2004; UPLC Suggested Answers)
Q: Choose the correct answer.
Q: Maria Suerte, a Filipino citizen, purchased a lot in

Tax avoidance —
Makati City in 1980 at a price of P1 million. Said
property has been leased to MAS Corporation, a
(A) is a scheme used outside of those lawful means
domestic corporation engaged in manufacturing paper
and, when availed of, it usually subjects the
products, owned 99% by Maria Suerte. In October
taxpayer to further or additional civil or
2007, EIP Corporation, a real estate developer,
criminal liabilities.
expressed its desire to buy the Makati property at its
(B) is a tax saving device within the means
fair market value of P300 million, payable as follows:
sanctioned by law.
(a) P60 million down payment; and (b) balance,
(C) is employed by a corporation, the organization
payable equally in twenty-four (24) monthly
of which is prompted more on the mitigation of
consecutive installments. Upon the advice of a tax
tax liabilities than for legitimate business
lawyer, Maria Suerte exchanged her Makati property
purpose.
for shares of stock of MAS Corporation. A BIR ruling,
(D) is any form of tax deduction scheme, regardless
confirming the tax-free exchange of property for
if the same is legal or not. (2014 BAR)
shares of stock, was secured from the BIR National
Office and a Certificate Authorizing Registration was
A: (B) is a tax saving device within the means sanctioned by
issued by the Revenue District Officer (RDO) where the
law. (Philip Manufacturing Corp. v. CIR, G.R. No. L-19737, 26
property was located. Subsequently, she sold her
Aug. 1968; UPLC Suggested Answers)
entire stockholdings in MAS Corporation to EIP

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Corporation for P300 million. In view of the tax advice, not creditors and debtors of each other, debts are due to
Maria Suerte paid only the capital gains tax of the government in its corporate capacity, while taxes are
P29,895,000 (P100,000 x 5% plus P298,900,000 x due to the government in its sovereign capacity. (South
10%), instead of the corporate income tax of African Airways v. CIR, G.R. No. 180356, 16 Feb. 2010)
P104,650,000 (35% on P299 million gain from sale of
real property). After evaluating the capital gains tax Q: The doctrine of equitable recoupment allows a
payment, the RDO wrote a letter to Maria Suerte, taxpayer whose claim for refund has prescribed to
stating that she committed tax evasion. offset tax liabilities with his claim of overpayment. True
or False. (2009 BAR)
Is the contention of the RDO tenable? Or was it tax
avoidance that Maria Suerte had resorted to? Explain. A: TRUE. The doctrine arose from common law allowing
(2008 BAR) offsetting of a prescribed claim for refund against a tax
liability arising from the same transaction on which an
A: THE CONTENTION OF THE RDO IS NOT TENABLE. overpayment is made and underpayment is due. The
Maria Suerte resorted to tax avoidance and not tax evasion. doctrine finds no application to cases where the taxes
Tax avoidance is the use of legal means to reduce tax involved are totally unrelated, an although it seems
liability and it is the legal right of a taxpayer to decrease the equitable, it is not allowed in our jurisdiction. (CIR v. UST,
amount of what otherwise would be his taxes by means G.R. No. L-11274, 28 Nov. 1958; UPLC Suggested Answers)
which the law permits. (Heng Tong Textiles Co., Inc. v.
Commissioner, G.R. No. L-19737, 26 Aug. 1968) There is
nothing illegal about transferring first the property to a
corporation in a tax-free exchange and later selling the
shares obtained in the exchange at a lower tax than what
could have been imposed if the property was sold directly.
8. EQUITABLE RECOUPMENT
9. PROHIBITION ON COMPENSATION
AND SET OFF
(2009, 2005, 2001, 1996, 1992, 1990 BAR)
Q: May taxes be the subject of set-off or compensation?

Explain. (2005 BAR)
A: NO. Taxes cannot be the subject of set-off or

compensation for the following reasons: (1) taxes are of
distinct kind, essence and nature, and these impositions
cannot be classed in merely the same category as ordinary
obligations; (2) the applicable laws and principles
governing each are peculiar, not necessarily common, to
each; and (3) public policy is better subserved if the
integrity and independence of taxes are maintained.
(Republic v. Mambulao Lumber Company, G.R. No. L-17725,
28 Feb. 1962)
However, if the obligation to pay taxes and the taxpayer’s

claim against the government are both overdue,
demandable, as well as fully liquidated, compensation
takes place by operation of law and both obligations are
extinguished to their concurrent amounts. (Domingo v.
Garlitos, G.R. No. L-18994, 29 June 1963)
Q: Can an assessment for a local tax be the subject of

set-off or compensation against a final judgment for a
sum of money obtained by a taxpayer against the local
government that made the assessment? (2005 BAR)
A: NO. Taxes and debts are of different nature and

character. Taxes cannot be subject to compensation for the
simple reason that the government and the taxpayers are

Political Law
courts and the prosecutor’s office; thus, the legislative

III. LEGISLATIVE DEPARTMENT inquiry would preempt judicial action. (2009 BAR)
A: The argument is not tenable; since this is an essential

component of legislative power, it cannot be made
subordinate to criminal and civil actions. Otherwise, it
A. LEGISLATIVE POWER would be very easy to subvert any investigation in aid of
legislation through the convenient ploy of instituting
criminal and civil action. (Standard Chartered Bank
1. SCOPE AND LIMITATIONS [Philippine Branch] v. Senate Committee on Banks, Financial
(2010, 2009 BAR) Institutions and Currencies, G.R. No. 167173, 27 Dec. 2007)
Q: Congresswoman A is a co-owner of an industrial 2. PRINCIPLE OF NON-DELEGABILITY; EXCEPTIONS

estate in Sta. Rosa, Laguna which she had declared in (2019, 2017, 2009, 2008, 1996 BAR)
her Statement of Assets and Liabilities. A member of her
political party authored a bill which would provide a 5- Q: Under the 1987 Constitution, to whom does each
yeal development plan for all industrial estates in the duty / power / privilege / prohibition/ disqualification
Southern Tagalog Region to attract investors. The plan apply: (2019 BAR)
included an appropriation of 2 billion pesos for
construction of roads around the estates. When the bill (a) The power to allow small-scale utilization of
finally became law, a civil society watchdog questioned natural resources by Filipino citizens, as well as
the constitutionality of the law as it obviously cooperative fish farming, with priority to
benefitted Congresswoman A's industrial estate. subsistence fishermen and fish workers in
Decide' with reasons. (2010 BAR) rivers, lakes, bays, and lagoons.
A: The law is constitutional. Sec. 12, Art. VI of the A: The Congress, by virtue of a special law. The State shall
Constitution does not prohibit the enactment of a law which protect the nation’s marine wealth in its archipelagic
will benefit the business interests of a member of the Senate waters, territorial sea, and exclusive economic zone, and
or the House of Representatives. It only requires that if the reserve its use and enjoyment exclusively to Filipino
member of Congress whose business interests will be citizens. (Sec. 2(3), Art. XII, 1987 Constitution)
benefited by the law is the one who will file the bill, he
should notify the House concerned of the potential conflict (b) The sole power to declare the existence of state
of interest. of war.
A: The Congress, by a vote of two-thirds of both Houses in

Q: Congressman Nonoy delivered a privilege speech
joint session assembled, voting separately. (Sec.23(1), Art.
charging the Intercontinental Universal Bank (IUB)
VI, 1987 Constitution)
with the sale of unregistered foreign securities, in
violation of R.A. 8799. He then filed, and the House of
Q: The Congress establishes by law Philippine Funds,
Representative unanimously approved, a Resolution
Inc., a private corporation, to receive foreign donations
directing the House Committee on Good Government
coming from abroad during national and local
(HCGG) to conduct an inquiry on the matter, in aid of
calamities and disasters, and to enable the
legislation, in order to prevent the recurrence of any
unhampered and speedy disbursements of the
similar fraudulent activity.
donations through the mere action of its Board of
Directors. Thereby, delays in the release of the donated
The HCGG immediately scheduled a hearing and invited
funds occasioned by the stringent rules of procurement
the responsible officials of IUB, the Chairman and
would be avoided. Also, the releases would not come
Commissioners of the Securities and Exchange
under the jurisdiction of the Commission on Audit
Commission (SEC), and the Governor of the Bangko
(COA). (2017 BAR)
Sentral ng Pilipinas (BSP). On the date set for the
hearing, only the SEC Commissioners appeared,
(a) Is the law establishing Philippine Funds, Inc.
prompting Congressman Nonoy to move for the
constitutional? Explain your answer.
issuance of the appropriate subpoena ad testificandum
to compel the attendance of the invited resource
A: The establishment of Philippine Funds, Inc. is valid. It was
persons.
created to enable the speedy disbursements of donations
for calamities and disasters, public purpose is no longer
The IUB officials filed a suit to prohibit HCGG from
restricted to traditional government functions. (Petitioner-
proceeding with the inquiry and to quash the subpoena,
Organization v. Executive Secretary, G.R. Nos, 147036-37 &
raising the following arguments:
147811, 10 Apr. 2012)
The subject of the legislative investigation is also the

subject of criminal and civil actions pending before the

2022 GOLDEN NOTES
QuAMTO (1987-2021)
(b) Can the Congress pass the law that would fix and exempt said entities from the payment of court
exempt the foreign grants from the jurisdiction fees.
of the COA? Explain your answer.
Congress, on the other hand, argues that the law is
A: Congress cannot exempt the foreign grants from the constitutional as it has the power to enact said law for
jurisdiction of the Commission on Audit. Its jurisdiction it was through legislative fiat that the Judiciary
extends to all government-owned or controlled Development Fund (JDF) and the Special Allowance for
corporations, including those funded by donations through Judges and Justices (SAJJ), the funding of which are
the Government. (Sec. 3, Art IX-D, Sec. 3 of the 1987 sourced from the fees collected by the courts, were
Philippine Constitution; and Petitioner Corporation v. created. Thus, Congress further argues that if it can
Executive Secretary, G.R. Nos. 147036-37 & 147811,10 Apr. enact a law utilizing court fees to fund the JDF and SAJJ,
2012) a fortiori it can enact a law exempting the payment of
court fees.
Q: True or False. A law making “Bayan Ko” the new
anthem of the Philippines, in lieu of “Lupang Hinirang,” Discuss the constitutionality of the said law, taking into
is constitutional. (2009 BAR) account the arguments of both parties? (2014 BAR)
A: TRUE. Congress may by law adopt a new national A: The law is unconstitutional. The Constitution has taken
anthem, but it shall take effect only upon ratification by the away the power of Congress to repeal, alter or supplement
people in a national referendum. (Sec. 2, Art. XVI, 1987 the Rules of Court. The fiscal autonomy of the Judiciary
Constitution) guaranteed by Section 3, Article VIII of the Constitution
recognized the authority of the Supreme Court to levy,
Q: Are the following bills filed in Congress assess, and collect fees. Congress cannot amend the rules
constitutional? (1996 BAR) promulgated by the Supreme Court for the payment of legal
fees by granting exemptions. (In re Petition for Recognition
(a) A bill originating from the Senate, which of Exemption of the Government Service Insurance System
provides for the creation of the Public Utility from Payment of Lega; Fees, A.M. No. 08-2-01-0, 11 Feb. 2010,
Commission to regulate public service 612 SCRA 193; In re Exemption of National Power
companies and appropriating the initial funds Corporation from Payment of Filing/ Docket Fees, A.M. No.
needed to establish the same. Explain. 05-10-20-SC, 10 March, 2010, 615 SCRA 1; In re Exemption
from Payment of Court and Sheriff’s Fees of Duly Registered
A: YES. It is not an appropriation bill, because the Cooperatives. A.M. No. 12-2-03-0, 13 Mar. 2012)
appropriation of public funds is not the principal purpose of
Q: In 1963, congress passed a law creating a
the bill. A law is not an appropriate measure if the
government-owned corporation named Manila War
appropriation of public funds is not its principal purpose,
Memorial Commission (MWMC), with the primary
and the appropriation is only incidental to some other
function of overseeing the construction of a massive
objective. (Association of Small Landowners of the
memorial in the heart of Manila to commemorate
Philippines, Inc. v. Secretary of Agrarian Reform, G.R. No.
victim of the 1945 Battle of Manila. The MWMC charter
78742, 14 July 1989)
provided an initial appropriation of P1,000,000,
empowered the corporation to raise funds in its own
(b) A bill creating a joint legislative- executive
name, and set aside a parcel of land in Malate for the
commission to give, on behalf of the Senate, its
memorial site. The charter set the corporate life of
advice, consent and concurrence to treaties
MWMC at 50 years with a proviso that Congress may not
entered into by the President. The bill contains
abolish MWMC until after the completion of the
the guidelines to be followed by the
memorial. Forty-five (45) years later, the memorial was
commission in the discharge of its functions.
only 1/3 complete and the memorial site itself had long
Explain.
been overrun by squatters. Congress enacted a law
abolishing the MWMC and requiring that the funds
A: NO. The Senate cannot delegate this function to such a
raised by it be remitted to the National Treasury. The
commission, because under Sec. 21, Art. VII of the
MWMC challenged the validity of the law, arguing that
Constitution, the concurrence of at least two-thirds of the
under its charter its mandate is to complete the
Senate itself is required for the ratification of treaties. (UPLC
memorial no matter how long it takes. Decide with
Suggested Answers)
reason. (2008 BAR)
LIMITATIONS ON LEGISLATIVE POWER
A: The contention of MWMC is untenable. An implied
Q: Congress enacted a law exempting certain limitation on legislative power is the prohibition against the
government institutions providing social services from passage of irrepealable laws. Such laws deprive succeeding
the payment of court fees. Atty Kristopher Timoteo legislatures of the authority to craft laws appropriate to the
challenged the constitutionality of the said law on the milieu. (City of Davao v. Regional Trial Court G.R. No. 127383,
ground that only the Supreme Court has the power to 18 Aug. 2005)

Political Law
valid proposals, so argued the Senators. Were the

B. HOUSES OF CONGRESS; COMPOSITIONS AND proposals validly adopted by Congress? (2014 BAR)
QUALIFICATIONS
A: The proposal was not validly adopted, because the ten
(10) Senators who voted in favor of the proposed
amendments constituted less than three-fourths of all the
1. SENATE
Members of the Senate. Although Sec. 1, Art. XVII of the
Constitution did not expressly provide that the Senate and
Q: A candidate for Senator must be at least 35 years old
the House of Representatives must vote separately, when
on (2011 BAR)
the Legislature consist of two (2) houses, the determination
of one house is to be submitted to the separate
A. the day he is duly proclaimed.
determination of the other house. (Miller v. Mardo, G.R. No.
B. the day the election is held.
L-15138, 31 July 1961)
C. the day he files his certificate of candidacy.
D. the day he takes his oath of office.
Q: Victor Ahmad was born on December 16, 1972 of a
Filipino mother and an alien father. Under the law of his
A: B. the day the election is held. (UPLC Suggested Answers)
father's country, his mother did not acquire his father's
citizenship.
2. HOUSE OF REPRESENTATIVES
(2019, 2014, 1999 BAR)
Victor consults you on December 21, 1993 and informs
you of his intention to run for Congress in the 1995
Q: Candidate X, a naturalized Filipino citizen, ran for
elections. Is he qualified to run? What advice would you
Congressman for the Lone District of Batanes. After a
give him? Would your answer be the same if he had seen
close electoral contest, he won by a slim margin of 500
and consulted you on December 16, 1991 and informed
votes. His sole opponent, Y, filed an election protest
you of his desire to run for Congress in the 1992
before the Commission on Election (COMELEC),
elections? Discuss your answer. (1999 BAR)
claiming that X should be disqualified to run for said
position because he is not a natural-born citizen. While
A: NO, Victor Ahmad is not qualified to run for Congress in
the case was pending, X was proclaimed by the
the 1995 elections. Under Section 6, Article VI of the
Provincial Election Supervisor of Batanes as the duly
Constitution, a member of the House of Representatives
elected Congressman of the province.
must be at least twenty-five (25) years of age on the day of
Is X qualified to run for Congress? Explain. (2019 BAR) the election. Since he will be less than twenty-five (25)
years of age in 1995, Victor Ahmad is not qualified to run.
A: NO, X is not qualified to run for Congress. The
Constitution prescribes that no person shall be a Member of Under Sec. 2, Art. IV of the Constitution, to be deemed a
the House of Representatives unless he is a natural-born natural-born citizen, Victor Ahmad must elect Philippine
citizen of the Philippines. (Sec. 6, Art. VI, 1987 Constitution) citizenship upon reaching the age of majority. I shall advise
In this case, X is a naturalized citizen and is thus not him to elect Philippine citizenship, if he has not yet done so,
qualified to run for Congress. and to wait until the 1998 elections. My answer will be the
same if he consulted me in 1991 and informed me of his
Q: With the passage of time, the members of the House desire to run in the 1992 elections.
of Representatives increased with the creation of new
legislative districts and the corresponding adjustments ALTERNATIVE ANSWER: Under Section 2, Article IV of the
in the number of partylist representatives. At a time Constitution, Victor Ahmad must have elected Philippine
when the House membership was already 290, a great citizenship upon reaching the age of majority to be
number of the members decided that it was time to considered a natural born citizen and qualified to run for
propose amendments to the Constitution. The Senators, Congress. Republic Act No. 6809 reduced the majority age
however, were cool to the idea. But the members of the to eighteen (18) years. Cuenco v. Secretary of Justice (G.R. No.
House insisted. They accordingly convened Congress L-18069, 26 May 1962) recognized three (3) years from
into a constituent assembly in spite of the opposition of reaching the age of majority as the reasonable period for
the majority of the members of the Senate. When the electing Philippine citizenship. Since Republic Act No. 6809
votes were counted, 275 members of the House of took effect in 1989 and there is no showing that Victor
Representatives approved the proposed amendments. Ahmad elected Philippine citizenship within three (3) years
Only 10 Senators supported such proposals. The from the time he reached the age of majority on December
proponents now claim that the proposals were validly 16, 199C, he is not qualified to run for Congress.
made, since more than the required three-fourths vote
of Congress has been obtained. The 14 Senators who If he consulted me on December 16, 1991, I would inform
voted against the proposals claim that the proposals him that he should elect Philippine citizenship so that he
needed not three-fourths vote of the entire Congress can be considered a natural born citizen.
but each house. Since the required number of votes in
the Senate was not obtained, then there could be no

2022 GOLDEN NOTES
QuAMTO (1987-2021)
a. DISTRICT REPRESENTATIVES AND QUESTIONS OF violating the Constitution and Republic Act (R.A.) No.
APPORTIONMENT 7941? (2015 BAR)
(2015, 2014 BAR)
A: YES. As for political parties, they may participate in the
Q: On August 15, 2015, Congresswoman Dina Tatalo party-list race by registering under the party-list system
filed and sponsored House Bill No. 5432, entitled "An and no longer field congressional candidates. These parties,
Act Providing for the Apportionment of the Lone if they field congressional candidates, however, are not
District of the City of Pangarap." The bill eventually barred from participating in the party-list elections; what
became a law, R.A. No. 1234. It mandated that the lone they need to do is register their sectoral wing or party under
legislative district of the City of Pangarap would now the party-list system.
consist of two (2) districts. For the 2016 elections, the
voters of the City of Pangarap would be classified as Q: Greenpeas is an ideology-based political party
belonging to either the first or second district, fighting for environmental causes. It decided to
depending on their place of residence. The constituents participate under the party-list system. When the
of each district would elect their own representative to election results came in, it only obtained 1.99 percent
Congress as well as eight (8) members of the of the votes cast under the party-list system. Bluebean,
Sangguniang Panglungsod. R.A. No. 1234 apportioned a political observer, claimed that Greenpeas is not
the City's barangays. The COMELEC thereafter entitled to any seat since it failed to obtain at least 2%
promulgated Resolution No. 2170 implementing R.A. of the votes. Moreover, since it does not represent any
No. 1234. Piolo Cruz assails the COMELEC Resolution as of the marginalized and underrepresented sectors of
unconstitutional. According to him, R.A. No. 1234 society, Greenpeas is not entitled to participate under
cannot be implemented without conducting a plebiscite the party-list system. How valid are the observations of
because the apportionment under the law falls within Bluebean? (2014 BAR)
the meaning of creation, division, merger, abolition or
substantial alteration of boundaries of cities under A: The claim of Bluebean that Greenpeas is not entitled to a
Section 10, Article X of the 1987 Constitution. Is the seal under the party-list-system because it obtained only
claim correct? Explain. (2015 BAR) 1.99 percent of the votes cast under the party-list-system is
not correct. The provision in Sec. 5(2) Art. VI of the
A: The claim is erroneous. The constitution does not require Constitution provides that the party-list representatives
a plebiscite for the creation of a new legislative district by a shall constitute twenty percent (20%) of the total number
legislative reapportionment. It is required only for the of the members of the House of Representatives is
creation of new local government units (Bagabuyo v. mandatory, after the parties receiving at least two percent
COMELEC, G.R. No. 176970, 08 Dec. 2008) (2%) of the total votes case for the party-list system have
been allocated one seat, the remaining seats should be
Gerrymandering refers to the practice of: (2014 BAR) allocated among the parties by the proportional percentage
of the votes received by each party as against the total
A. creating or dividing congressional districts in a party-list votes (Barangay Association for National
manner intended to favor a particular party or Advancement and Transparency v. COMELEC, G.R. No.
candidate. truancy as applied to Members of 179271, 21 Apr. 2009)
Congress (C) loafing among members of
Congress The claim of Bluebean that Greenpeas is not entitled to
B. coming up with guessing game when it comes to participate in the party-list elections because it does not
legislation represent any marginalized and underrepresented sectors
C. commandeering large chunks of the budget for of society is not correct. It is enough that its principal
favored congressional districts advocacy pertains to the special interest of its sector (Atong
Panglaum, Inc. v. COMELEC, G.R. No. 203766, 02 Apr. 2013)
A: A. Creating or dividing congressional districts in a
manner intended to favor a particular party or candidate This sectoral wing shall be considered an independent
sectoral party linked to a political party through a coalition.
b. PARTY-LIST SYSTEM (Atong Panglaum, Inc. v. COMELEC, G.R. No. 203766, 02 Apr.
(2015, 2014, 2009, 2007 BAR) 2013)
Q: The Partido ng Mapagkakatiwalaang Pilipino (PMP) Q: Rudy Domingo, 38 years old, natural-born Filipino
is a major political party which has participated in and a resident of the Philippines since birth, is a Manila-
every election since the enactment of the 1987 based entrepreneur who runs KABAKA, a coalition of
Constitution. It has fielded candidates mostly for peoples' organizations from fisherfolk communities.
legislative district elections. In fact, a number of its KABAKA's operations consist of empowering fisherfolk
members were elected, and are actually serving, in the leaders through livelihood projects and trainings on
House of Representatives. In the coming 2016 good governance. The Dutch Foundation for Global
elections, the PMP leadership intends to join the party- Initiatives, a private organization registered in The
list system. Can PMP join the party- list system without Netherlands, receives a huge subsidy from the Dutch

Political Law
Foreign Ministry, which, in tum is allocated worldwide A: Under Sec. 11 (b) of Republic Act 7941, only the parties
to the Foundation's partners like KABAKA. Rudy seeks which received at least two per cent of the total votes cast
to register KABAKA as a party-list with himself as a for the party- list are entitled to have a seat in the House of
nominee of the coalition'. Will KABAKA and Rudy be Representatives. To have meaningful representation, the
qualified as a party-list and a nominee, respectively? elected party-list representative must have the mandate of
Decide with reasons. (2009 BAR) a sufficient number of people. (Veterans Federation Party v.
COMELEC, G.R. 136781, 06 Oct. 2000)
A: KABAKA and Ruby are not qualified as a party list and as
nominee, respectively, since KABAKA is receiving a subsidy (c) The three-seat limit - each qualified party,
from the Dutch Foreign Ministry. Under Sec. 2(5), Art. IX-C regardless of the number of votes it actually
of the Constitution, a political party which is supported by obtained, is entitled to a maximum of three
any foreign government cannot be registered with the seats; that is, one ‘qualifying’ and two
Commission on Elections. (UPLC Suggested Answers) additional seats.
Q: The Supreme Court has provided a formula for A: Sec. 11(b) of Republic Act 7941 allows qualified parties to
allocating seats for party-list representatives. have a maximum of three (3) seats in the House of
Representatives so that no single group will dominate the
a. The twenty percent allocation - the combined party-list seats. (Veterans Federation Party v. COMELEC, G.R.
number of all party-list congressmen shall not 136781, 06 Oct. 2000)
exceed twenty percent of the total membership
of the House of Representatives, including (d) The first-party rule – additional seats which a
those elected under the party list; qualified party is entitled to shall be
b. The two percent threshold - only those parties determined in relation to the total number of
garnering a minimum of two percent of the votes garnered by the party with the highest
total valid votes cast for the party-list system number of votes.
are “qualified” to have a seat in the House of
Representatives; A: Additional seats to which a qualified party is entitled are
c. The three-seat limit - each qualified party, determined by the proportion of the total number of votes
regardless of the number of votes it actually it obtained in relation to the total number of votes obtained
obtained, is entitled to a maximum of three by the party with the highest number of votes, to maintain
seats; that is, one ‘qualifying’ and two proportional representation. This is because while
additional seats; representation in the party-list system is proportional, a
d. The first-party rule – additional seats which a party is entitled to a maximum of three seats regardless of
qualified party is entitled to shall be the number of votes it actually obtained. (Veterans
determined in relation to the total number of Federation Party v. COMELEC, G.R. No. 136781, 06 Oct. 2000)
votes garnered by the party with the highest
number of votes.
C. LEGISLATIVE PRIVILEGES, INHIBITIONS, AND
For each of these rules, state the constitutional or legal QUALIFICATIONS
basis, if any, and the purpose. (2007 BAR) (2013, 2004 BAR)
(a) The twenty percent allocation - the combined

number of all party-list congressmen shall not
Q: In the May 2013 elections, the Allied Workers’ Group
exceed twenty percent of the total membership
of the Philippines (AWGP), representing land-based
of the House of Representatives, including
and sea-based workers in the Philippines and overseas,
those elected under the party list.
won in the party list congressional elections. Atty.
Abling, a labor lawyer, is its nominee.
A: The party-list congressmen should not exceed twenty
per cent of the total membership of the House of
As part of the party’s advocacy and services,
Representatives, because this is the maximum number of
Congressman Abling engages in labor counseling,
party-list congressmen. (Sec. 5(3), Art. VI, 1987 Constitution;
particularly for local workers with claims against their
Veterans Foundation Party v. COMELEC, G.R. No. 136781, 06
employers and for those who need representation in
Oct. 2000)
collective bargaining negotiations with employers.
When labor cases arise, AWGP enters its appearance in
(b) The two percent threshold - only those parties
representation of the workers and the Congressman
garnering a minimum of two percent of the
makes it a point to be there to accompany the workers,
total valid votes cast for the party-list system
although a retained counsel also formally enters his
are “qualified” to have a seat in the House of
appearance and is invariably there. Congressman
Representatives.
Abling largely takes a passive role in the proceedings
although he occasionally speaks to supplement the

2022 GOLDEN NOTES
QuAMTO (1987-2021)
retained counsel’s statements. It is otherwise in CBA counsel before any court of justice, the Electoral Tribunals,
negotiations where he actively participates. or quasi-judicial and other administrative bodies (Sec. 14,
Article VI, 1987 Const.).
Management lawyers, feeling aggrieved that a
congressman should not actively participate before As a member of the Cabinet, JAR cannot directly or
labor tribunals and before employers because of the indirectly practice law or participate in any business. He
influence a congressman can wield, filed a disbarment will have to divest himself of his investments in his business
case against the Congressman before the Supreme (Section 13, Article VII of the 1987 Constitution). In fact, the
Court for his violation of the Code of Professional Constitutional prohibition imposed on members of the
Responsibility and for breach of trust, in relation Cabinet covers both public and private office or
particularly with the prohibitions on legislators under employment (Civil Liberties Union v. Executive Secretary,
the Constitution. Is the cited ground for disbarment G.R. No. 83896, 22 Feb. 1991)
meritorious? (2013 BAR)
A: Being a congressman, Atty. Abling is disqualified under D. QUORUM AND VOTING MAJORITIES
Sec. 14, Art. VI, of the 1987 Constitution from personally
appearing as counsel before quasi-judicial and other
administrative bodies handling labor cases constitutes
Q: What and whose vote is required for the following
personal appearance before them. (Puyat v. De Guzman, G.R.
acts: (2018 BAR)
No. L-5122, 25 Mar. 1982) His involvement in collective
bargaining, negotiations also involve practice of law,
(a) The repeal of a tax exemption law.
because he is making use of his legal knowledge for the
benefit of others. (Cayetano v. Monsod, G.R. No. 100113, 03 A: The Constitution is silent on the voting requirement for
Sept. 199) The Bureau of Labor Relations is involved in repealing a tax exemption. However, it could be considered
collective bargaining negotiations (Article 250 of Labor that the voting requirement to grant is also the voting
Code). requirement to repeal; hence, the required vote is the
majority of all the members of Congress.
Atty. Abling should not be disbarred but should be merely
suspended from the practice of law. Suspension is the ALTERNATIVE ANSWER:
appropriate penalty for involvement in the unlawful
practice of law. (Tapay v. Bancolo, A.C. No. 9604, 20 Mar. The granting of tax exemptions requires the majority of all
2013) members of the Congress, because granting such will impair
the lifeblood of the government. Repealing such tax
ALTERNATIVE ANSWER: exemption, however, is not inimical to such lifeblood and a
simple majority is needed instead of a qualified majority.
NO, Congressman Abling cannot be disbarred. A retained
counsel formally appears for AWGP. His role is largely (b) A declaration of the existence of a state of war.
passive and cannot be considered as personal appearance.
His participation in the collective bargaining negotiations A: Two-thirds of all members of Congress, voting
does not entail personal appearance before an separately. (Sec. 23 (1), Art. VI, 1987 Constitution)
administrative bode. (Sec. 13, Art. VI, 1987 Constitution)
(c) The amendment of a constitutional provision
Q: JAR faces a dilemma: should he accept a Cabinet through a constituent assembly.
appointment now or run later for Senator? Having A: The proposal for the amendment shall be valid, upon a
succeeded in law practice as well as prospered in vote of three-fourths of all its Members. (Sec. 1, Art. XVII,
private business where he and his wife have substantial 1987 Constitution) For the effectivity of the amendment;
investments, he now contemplates public service but however, the vote needed is the majority of all those who
without losing the flexibility to engage in corporate voted. (Sec 4, Art. XVII, 1987 Constitution)
affairs or participate in professional activities within
ethical bounds. Taking into account the prohibitions NOTE: Any of these two answers should be acceptable as
and inhibitions of public office whether as Senator or the question is not clear on whether it is asking for the
Secretary, he turns to you for advice to resolve his voting requirement for the validity of the proposal or the
dilemma. What is your advice? Explain briefly. (2004 effectivity of the amendment.
BAR)
(d) The resolution of a tie in a presidential election.
A: I shall advise JAR to run for Senator. As Senator, he can
retain his investments in his business, although he must A: A majority of all the members of both Houses of Congress,
make a full disclosure of his business and financial interests voting separately. (Sec. 4, Art. VII, 1987 Constitution)
and notify the Senate of a potential conflict of interest if he
authors a bill. (Section 12, Article VI, 1987 Const.) He can
continue practicing law, but he cannot personally appear as

Political Law
(e) The extension of the period for the suspension Oct. 1992), a fractional membership cannot be rounded off
of the privilege of the writ of habeas corpus. to full membership because it will result in
overrepresentation of that political party and under-
A: The Congress, voting jointly, by a vote of at least a representation of the other political parties.
majority of all its Members in regular or special session.
(Sec. 18, Art. VII, 1987 Constitution) (b) Suppose 15 of the CP representatives, while
maintaining their party affiliation, entered into
a political alliance with the PPP to form the
E. DISCIPLINE OF MEMBERS “Rainbow 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.
Q: In an election case, the House of Representatives
Electoral Tribunal rendered a decision upholding the
A: The political alliance formed by the 15 members of the
election protest of protester A, a member of the
Citizens Party with the Progressive Party of the Philippines
Freedom Party, against protester B, a member of the
will not result in the diminution of the number of seats in
Federal Party. The deciding vote in favor of A was cast
the Commission on Appointments to which the Citizens
by Representative X, a member of the Federal Party.
Party is entitled. As held in Cunanan v. Tan (G.R. No. L-19721,
10 May 1962), a temporary alliance between the members
For having voted against his party mate, Representative
of one political party and another political party does not
X was removed by Resolution of the House of
authorize a change in the membership of the Commission
Representatives, at the instance of his party (the
on Appointments. Otherwise, the Commission on
Federal Party), from membership in the HRET.
Appointments will have to be reorganized as often as votes
Representative X protested his removal on the ground
shift from one side to another in the House of
that he voted based on the evidence presented and
Representatives.
contended that he had the security of tenure as an HRET
Member and that he could not be removed except for a
valid cause. With whose contention do you agree, that
F. PROCESS OF LAW-MAKING
of the Federal Party or that of Representative X? Why?
(2017, 1993 BAR)
(2002 Bar)
A: I agree with the contention of Representative X. As held

in Bondoc v. Pineda, (G.R. No. 97710, 26 Sept. 1991) the Q: Sec. 26(2), Art. VI of the Constitution provides that no
members of the House of Representatives Electoral bill passed by either House of Congress shall become a
Tribunal are entitled to security of tenure like members of law unless it has passed three readings on separate
the judiciary. Membership in it may not be terminated days and printed copies of it in its final form have been
except for a just cause. Disloyalty to party is not a valid distributed to the Members of the House three days
ground for the expulsion of a member of the House of before its passage. Is there an exception to the
Representatives Electoral Tribunal. Its members must provision? Explain your answer. (2017 BAR)
discharge their functions with impartiality and
independence from the political party to which they belong. A: The exception to this provision is when the President
certifies to the necessity of its immediate enactment to meet
Q: Suppose there are 202 members in the House of a public calamity or necessity (Sec. 26, Article VI, 1987
Representatives. Of this number, 185 belong to the Const.; and Tolentino v. Secretary of Finance, G.R. No. 115455,
Progressive Party of the Philippines or PPP, while 17 25 Aug. 1994)
belong to the Citizens Party or CP. How would you
answer the following questions regarding the Q: Under the enrolled bill doctrine, the signing of a bill
representation of the House in the Commission on by both the Speaker of the House of Representatives
Appointments? (2002 BAR) and the President of the Senate and the certification by
the secretaries of both Houses of Congress that the bill
(a) How many seats would the PPP be entitled to was passed on a certain date are conclusive on the bill's
have in the Commission on Appointments? due enactment. Assuming there is a conflict between
Explain your answer fully. the enrolled bill and the legislative journal, to the effect
that the enrolled bill signed by the Senate President
A: The 185 members of the Progressive Party of the and eventually approved by the President turned out to
Philippines represent 91.58 percent of the 202 members of be different from what the Senate actually passed as
the House of Representatives. Under Article VI, Section 18 of reflected in the legislative journal. (2017 BAR)
the Constitution, it is entitled to have ten of the twelve seats
in the Commission on Appointments. Although the 185 (a) May the Senate President disregard the
members of the Progressive Party of the Philippines enrolled bill doctrine and consider his
represent 10.98 seats in the Commission on Appointments, signature as invalid and of no effect?
under the ruling in Guingona v. Gonzales, G.R. No. 106971, 20

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: YES. As held by the Court in Astorga v. Villegas (G.R. No. A: Under Section 27(1), Article VI of the Constitution, a bill
L-23475, 30 Apr. 1974), conclusive proof of a bill's due becomes a law even without the signature of the President
enactment, required, it is said, by the respect due to a co- if he vetoed it but his veto was overridden by two-thirds
equal department of the government, is neutralized in this vote of all the members of both the Senate and the House of
case by the fact that the Senate President declared his Representatives and If the President failed to communicate
signature on the bill to be invalid and issued a subsequent his veto to the House from which the bill originated, within
clarification that the invalidation of his signature meant thirty days after the date of receipt of the bill by the
that the bill he had signed had never been approved by the President.
Senate. Obviously, this declaration should be accorded even
greater respect than the attestation it invalidated, which it (b) When does the law take effect?
did for a reason that is undisputed in fact and indisputable
in logic. A: As held in Tanada v. Tuvera, (G.R. No. L-63915, 24 Apr.
1985), a law must be published as a condition for its
As far as Congress itself is concerned, there is nothing effectivity and in accordance with Article 2 of the Civil Code,
sacrosanct in the certification made by the presiding it shall take effect fifteen days following the completion of
officers. It is merely a mode of authentication. The its publication in the Official Gazette or in a newspaper of
lawmaking process in Congress ends when the bill is general circulation unless it is otherwise provided.
approved by both Houses, and the certification does not add (Executive Order No. 292, Revised Administrative Code of
to the validity of the bill or cure any defect already present 1989)
upon its passage
(b) May the President thereafter withdraw his G. APPROPRIATION AND RE-ALIGNMENT
signature? Explain your answer. (2017, 2001, 1999, 1998 BAR)
A: YES. The President can withdraw his signature. The

journal of the proceedings of each House of Congress is no
LIMITATIONS ON REVENUE, APPROPRIATIONS AND
ordinary record. The Constitution requires it. The Court is
TARIFF MEASURES
not asked to incorporate such amendments into the alleged
law, which admittedly is a risky undertaking, but to declare
Q: Give the limitations on the power of the Congress to
that the bill was not duly enacted and therefore did not
enact the General Appropriations Act? Explain your
become law. In the face of the manifest error committed and
answer (2017 BAR)
subsequently rectified by the President of the Senate and by
the Chief Executive, for the Court to perpetuate that error
A: The following are the limitations on the power of
by disregarding such rectification and holding that the
Congress to enact the GAA:
erroneous bill has become law would be to sacrifice truth to
fiction and bring about mischievous consequences not
1. It must be devoted to a public purpose;
intended by the law-making body (Astorga v. Villegas, G.R.
2. The sum authorized to be released must be
No. L-23475, 30 Apr. 1974)
determinate or at least determinable;
3. Congress may not increase appropriations
Q: Sec. 26(2), Art. VI of the Constitution provides that no
recommended by the President for the operations
bill passed by either House of Congress shall become a
of the government;
law unless it has passed three readings on separate
4. Form, content and manner of preparation of
days and printed copies of it in its final form have been
budget shall be provided by law;
distributed to the Members of the House three days
5. No provision or enactment shall be embraced in the
before its passage. Is there an exception to the
bill unless it releases specifically to some particular
provision? Explain your answer. (2017 BAR)
appropriations therein;
6. Procedure for approving appropriations for
A: If a bill is certified as urgent by the President as to the
Congress shall be the same as that of other
necessity of its immediate enactment to meet a public
departments in order to prevent sub rosa
calamity or emergency, the 3 readings can be held on the
appropriations by Congress; and
same day. (Sec. 26(2), Art. VI, 1987 Constitution)
7. Prohibition against transfer of appropriations from
one branch (judiciary, legislative, and executive) to
Q: Ernest Cheng, a businessman, has no knowledge of
another.
legislative procedure. Cheng retains you as his legal
adviser and asks enlightenment on the following
Q: What are the limitations/restrictions provided by
matters: (1993 BAR)
the Constitution on the power of Congress to authorize
the President to fix tariff rates, import and export
(a) When does a bill become a law even without the
quotas, tonnage, and wharfage dues. Explain. (1999
signature of the President?
BAR)

Political Law
A: According to Section 28(2), Article VI of the Constitution, whatever financial losses suffered by the AFP
Congress may, by law, authorize the President to fix within Retirement and Separation Benefits System
specified limits, and subject to such limitations and (RSBS) in the last five (5) years due to alleged
restrictions it may impose, tariff rates, import and export bad business judgment.
quotas, tonnage and wharfage dues and other duties or
imposts within the framework of the national development A: YES, the provision authorizing the Chief of Staff, with the
program of the Government. approval of the Secretary of National Defense, to use savings
to cover the losses suffered by the AFP Retirement and
Q: Suppose that the forthcoming General Separation Benefits System is unconstitutional. Section
Appropriations Law for Year 2002, in the portion 25(5], Article VI of the Constitution provides: "No law shall
pertaining to the Department of Education, Culture and be passed authorizing any transfer of appropriations;
Sports, will contain a provision to the effect that the however, the President, the President of the Senate, the
Reserve Officers Training Course (ROTC) in all colleges Speaker of the House of Representatives, the Chief Justice of
and universities is hereby abolished, and in lieu thereof the Supreme Court, and the heads of Constitutional
all male college students shall be required to plant ten Commissions may, by law, be authorized to augment any
(10) trees every year for two (2) years in areas to be item in the general appropriation law for their respective
designated by the Department of Environment and offices from savings in other Items of their respective
Natural Resources in coordination with the appropriations."
Department of Education, Culture and Sports and the
local government unit concerned. It further provides (c) Would you question the constitutionality
that the same provision shall be incorporated in future validity of the special provision?
General Appropriations Acts. There is no specific item
of appropriation of funds for the purpose. Comment on A: In Philippine Constitution v. Enriquez (G.R. No. 113105, 19
the constitutionality of said provision. (2001 Bar) Aug. 1994), the Supreme Court held that a provision in the
General Appropriation Act authorizing the Chief of Staff to
A: The provision is unconstitutional because it is a rider. use savings to augment the funds of the AFP Retirement and
Section 25(2), Article VI of the Constitution provides, "No Separation Benefits Systems was unconstitutional. "While
provision or enactment shall be embraced in the general Section 25(5) allows as an exception the realignment of
appropriations bill unless it relates specifically to some savings to augment items in the general appropriations law
particular appropriation therein." The abolition of the for the executive branch, such right must and can be
Reserve Officers Training Course involves a policy matter. exercised only by the President pursuant to a specific law."
As held in Philippine Constitution Association v. Enriquez
(G.R. No. 113105, 19 Aug. 1994), this cannot be incorporated
in the General Appropriations Act but must be embodied in H. LEGISLATIVE INQUIRIES AND OVERSIGHT
a separate law. FUNCTIONS
(2019, 2015, 2014, 2010, 2009, 1991 BAR)
Q: Suppose the President submits a budget which does
not contain provisions for CDF (Countrywide
Development Funds), popularly known as the pork
Q: A committee of the Senate invited Mr. X and Mr. Y, the
barrel, and because of this Congress does not pass the
Secretary of Foreign Affairs and Secretary of Energy,
budget. (1998 BAR)
respectively, as resource speakers for an inquiry in aid
legislation. Mr. X refused to attend, arguing that the
(a) Will that mean paralization of government
Senate, not its committee, has the power to compel
operations in the next fiscal year for lack of an
attendance. Meanwhile, Mr. Y attended the committee
appropriation law?
hearing but upon being asked about discussions made
during a closed-door cabinet meeting, he refused to
A: NO, the failure of Congress to pass the budget will not
answer invoking executive privilege. The committee
paralyze the operations of the Government. Section 25(7),
members insisted that Mr. Y answer the question
Article VI of the Constitution provides: "If, by the end of any
pursuant to the right of Congress to information from
fiscal year, the Congress shall have failed to pass the general
the executive branch. (2019 BAR)
appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be
Based on his argument, is Mr. X’s non-appearance
deemed reenacted and shall remain in force and effect until
permissible? Explain.
the general appropriations bill is passed by the Congress.
A: NO. Sec. 21, Art. VI, 1987 Constitution specifically
(b) Suppose in the same budget, there is a special provides that the Senate or the House of Representatives or
provision in the appropriations for the Armed any of its respective committees may conduct inquiries in
Forces authorizing the Chief of Staff, AFP, aid of legislation in accordance with its duly published rules
subject to the approval of the Secretary of of procedure.
National Defense, to use savings in the
appropriations provided thereto to cover up

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: Several senior officers of the Armed Forces of the be detained indefinitely. Are the senators right? (2014
Philippines received invitations from the Chairperson BAR)
of the Senate Committees on National Defense and
Security for them to appear as resource persons in A: The Senators are right. The Senate is to be considered as
scheduled public hearings regarding a wide range of a continuing body of purposes of its exercise of its power
subjects. The invitations state that these public punish for contempt. Accordingly, the continuing validity of
hearings were triggered by the privilege speeches of its orders punishing for contempt should not be affected by
the Senators that there was massive electoral fraud its sine die adjournment. (Arnault v. Nazareno, G.R. No. L-
during the last national elections. The invitees 3820, 18 July 1950)
Brigadier General Matapang and Lieutenant Coronel
Makatuwiran, who were among those tasked to ALTERNATIVE ANSWER:
maintain peace and order during the last election,
refused to attend because of an Executive Order The Senators are wrong. Under the 1987 Constitution the
banning all public officials enumerated in paragraph 3 Senate is no longer a continuing body because less than
thereof from appearing before either house of Congress majority of the Senators continue into the next Congress.
without prior approval of the President to ensure While the Senate as an institution is continuing in the
adherence to the rule of executive privilege. Among conduct of its day-to-day business, the Senate of each
those included in the enumeration are "senior officials Congress acts separately from the Senate of the Congress
of executive departments who, in the judgment of the before it. All pending matters terminate upon expiration of
department heads, are covered by executive privilege." each Congress. (Neri v. Senate, G.R. No. 180643, 25 Mar.
Several individuals and groups challenge the 2008)
constitutionality of the subject executive order because
it frustrates the power of the Congress to conduct Q: The House Committee on Appropriations conducted
inquiries in aid of legislation under Sec. 21, Art. VI of the an inquiry in aid of legislation into alleged irregular
1987 Constitution. Decide the case. (2015 BAR) and anomalous disbursements of the Countrywide
Development Fund (CDF) and Congressional Initiative
A: Under Section 5, Article XVI of the Constitution, the Allocation (CIA) of Congressmen as exposed by X, a
President is the Commander- in-Chief of the Armed Forces Division Chief of the Department of Budget and
of the Philippines. By virtue of this power, the President can Management (DBM). Implicated in the questionable
prevent the Brigadier General Matapang and Liutenant disbursements are high officials of the Palace. The
Colonel Makatwiran from appearing before the Senate to House Committee summoned X and the DBM Secretary
testify before a legislative investigation. (Guidani v. Senga, to appear and testify. X refused to appear, while the
G.R. No. 170165, 15 Aug. 2006) Secretary appeared but refused to testify invoking
executive privilege. (2010 BAR)
The provision in the Executive Order which authorized
Department Secretaries to invoke executive privilege in (a) May X be compelled to appear and testify? If
case senior officials in their departments are asked to yes, what sanction may be imposed on him?
appear in a legislative investigation is unconstitutional. It is
upon the President that executive power is vested. Only the A: YES. X may be compelled to appear and testify. Only the
President can make use of Executive Privilege. (Senate v. President or the Executive Secretary by the order of the
Ermita, G.R. No. 169777, 20 Apr. 2006) President can invoke executive privilege. (Senate v. Ermita,
G.R. No. 169777, 20 Apr. 2006) He can be cited for contempt
Q: A few months before the end of the present Congress, and ordered to be arrested. (De la Paz v. Senate Committee
Strongwill was invited by the Senate to shed light in an on Foreign Relations, G.R. No. 184849, 13 Feb. 2009)
inquiry relative to the alleged siphoning and diverting
of the pork barrel of members of Congress to non- (b) Is the Budget Secretary shielded by executive
existent or fictitious projects. Strongwill has been privilege from responding to the inquiries of
identified in the news as the principal actor responsible the House Committee? Explain briefly. If the
for the scandal, the leader of a nongovernmental answer is no, is there any sanction that may be
organization which ostensibly funneled the funds to imposed upon him?
certain local government projects which existed only
on paper. At the start of the hearings before the Senate, A: NO. The Secretary of Budget and Management is not
Strongwill refused at once to cooperate. The Senate shielded by executive privilege from responding to the
cited him in contempt and sent him to jail until he inquiries of the House Committee on Appropriations,
would have seen the light. The Congress, thereafter, because the inquiry is in aid of legislation and neither the
adjourned sine die preparatory to the assumption to President nor the Executive Secretary by the order of the
office of the newly-elected members. In the meantime, President invoked executive privilege. (Senate v. Ermita,
Strongwill languished behind bars and the remaining supra.) For refusing to testify, he may be cited for contempt
senators refused to have him released, claiming that and ordered to be arrested (De la Paz v. Senate Committee
the Senate is a continuing body and, therefore, he can on Foreign Relations, supra.)

Political Law
Q: Congressman Nonoy delivered a privilege speech A: NO, because the power to invoke executive privilege is
charging the Intercontinental Universal Bank (IUB) limited to the President. (Senate v. Ermita G.R. No. 169777,
with the sale of unregistered foreign securities, in 20 Apr. 2006)
violation of R.A. 8799. He then filed, and the House of
Representatives unanimously approved, a Resolution Q: The President signs into law the Appropriations Act
directing the House Committee on Good Government passed by Congress but she vetoes separate items
(HCGG) to conduct an inquiry on the matter, in aid of therein, among which is a provision stating that the
legislation, to prevent the recurrence of any similar President may not increase an item of appropriation by
fraudulent activity. transfer of savings from other items.
The HCGG immediately scheduled a hearing and invited The House of Representatives chooses not to override
the responsible officials of IUB, the Chairman and this veto. The Senate, however, proceeds to consider
Commissioners of the Securities and Exchange two options: (1) to override the veto and (2) to
Commission (SEC), and the Governor of the Bangko challenge the constitutionality of the veto before the
Sentral ng Pilipinas (BSP). On the date set for the Supreme Court. (1991 BAR)
hearing, only the SEC Commissioners appeared,
prompting Congressman Nonoy to move for the (a) Is option (1) viable? If so, what is the vote
issuance of the appropriate subpoena ad required to override the veto?
testificandum to compel the attendance of the invited
resource persons. A: Option 1 is not viable in as much as the House of
Representatives, from which the Appropriations Act
The IUB officials filed suit to prohibit HCGG from originated and to which the President must have returned
proceeding with the inquiry and to quash the subpoena, the law, is unwilling to override the presidential veto. There
raising the following arguments. Are the foregoing is, therefore, no basis for the Senate to even consider the
arguments tenable? Reasons. (2009 BAR) possibility of overriding the President's veto. Under the
Constitution the vote of two-third of all the members of the
(a) The subject of the legislative investigation is House of Representatives and the Senate, voting separately,
also the subject of criminal and civil actions will be needed to override the presidential veto.
pending before the courts and the prosecutor's
office; thus, the legislative inquiry would (b) Is option (2) viable? If not. why not? If viable,
preempt judicial action. how should the Court decide the case?
A: The argument is not tenable; since this is an essential A: It is not feasible to question the constitutionality of the
component of legislative power, it cannot be made veto before the Supreme Court. In Gonzales v. Macaraig,
subordinate to criminal and civil actions. Otherwise, it (G.R. No. 87636, 19 Nov. 1990), the Supreme Court upheld
would be very easy to subvert any investigation in aid of the constitutionality of a similar veto. Under Article VI, Sec.
legislation through convenient ploy of instituting criminal 27(2) of the Constitution, a distinct and severable part of the
and civil actions. (Standard Chartered Bank [Philippine General Appropriations act may be the subject of a separate
Branch] v. Senate Committee in Banks, Financial Institutions veto. Moreover, the vetoed provision does not relate to any
and Currencies, G.R. No. 167173, 27 Dec. 2007) appropriation and is more an expression of a congressional
policy in respect of augmentation from savings than a
(b) Compelling the IUB officials, who are also budgetary provision. It is therefore an inappropriate
respondents in the criminal and civil cases in provision, and it should be treated as an item for purposes
court, to testify at the inquiry would violate of the veto power of the President. The Supreme Court
their constitutional right against self- should uphold the validity of the veto in the event the
incrimination. question is brought before it.
A: The argument is untenable. Since the IUB officials were

not being subjected to a criminal penalty, they cannot I. POWER OF IMPEACHMENT
invoke their right against self-incrimination unless a (2017, 2014, 2013, 2012, 2000 BAR)
question calling for an incriminating answer is propounded.
(Standard Chartered Bank [Philippine Branch] v. Senate
Committee in Banks, Financial Institutions and Currencies,
CONCEPTS
G.R. No. 167173, 27 Dec. 2007)
Q: Sec. 3, Art. XI of the Constitution states that "no

(c) May the Governor of the BSP validly invoke
impeachment proceedings shall be initiated against the
executive privilege and, thus, refuse to attend
same official more than once within a period of one
the legislative inquiry? Why or why not?
year." What constitutes initiation of impeachment
proceedings under the provision? (2017 BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: It is initiated by the filing of a verified complaint by any Q: At least one-third of all the members of the House of
member of the House of Representatives or any citizen Representatives may file articles of impeachment by?
upon resolution of endorsement by any member thereof. If (2012 BAR)
the verified complaint is filed by at least 1/3 of all its
members of the House of Representatives, the same shall A: verified complaint and resolution. (Sec. 3(1), Art. XI, 1987
constitute the Articles of Impeachment, and trial by the Constitution)
Senate shall forthwith proceed. (Sec. 3(4), Art. XI, 1987
Constitution) Q: A verified impeachment complaint was filed by two
hundred (200) Members of the House of
In Francisco v. The House of Representatives (G.R. No. Representatives against Madam Chief Justice Blue. The
160261, 10 Nov. 2003), the Supreme Court clarified that the complaint was immediately transmitted to the Senate
“term ‘to inititate’ refers to the filing of the impeachment for trial. (2012 BAR)
complaint coupled with Congress’ taking initial action of
said complaint.” (a) Madam Chief Justice Blue challenges such
immediate transmittal to the Senate because
Q: The one-year-bar rule in impeachment proceedings the verified complaint was 1.) not included in
is to be reckoned from the time the? (2014 BAR) the order of the business of the House, 2.) was
not referred to the House Committee on Justice
A. First impeachment complaint is filed for hearing and consideration for sufficiency in
B. Impeachment complaint is referred to the form and substance, and 3.) was not submitted
Committee on Justice to the House Plenary for consideration as
C. House of Representatives vote on the enumerated in Paragraph (2), Section 3, Article
impeachment complaint XI of the 1987 Constitution. Decide with reason.
D. House of Representative endorses the Articles
of Impeachment to Senate A: Since the verified complaint was filed by 200 Members of
the House of Representatives and they constituted at least
A: B. Impeachment complaint is referred to the Committee one third of its Members, it need not undergo the procedure
on Justice. in Paragraph 2, Section 3, Article XI of the Constitution. The
verified complaint constitutes the Articles of Impeachment
APPLICATION and trial by the Senate should proceed forthwith. (Sec. 3(4),
Art. XI, 1987 Constitution)
Q: As a leading member of the Lapiang Mandirigma in
the House of Representatives, you were tasked by the (b) What is the purpose of Impeachment? Does
party to initiate the moves to impeach the President conviction prevent further prosecution and
because he entered into an executive agreement with punishment? Explain
the US Ambassador for the use of the former Subic
Naval Base by the US Navy, for free, i.e., without need to A: The purpose of impeachment is not to punish but only to
pay rent nor any kind of fees as a show of goodwill to remove a public officer to secure the people against gross
the U.S. because of the continuing harmonious RPUS political misdemeanors. (Bernas, The 1987 Constitution of
relations. the Philippines, A Commentary, 2009 ed., p.1150). Conviction
does not prevent further prosecution and punishment
Cite at least two (2) grounds for impeachment and according to law. (Sec. 3(7), Art. XI, 1987 Constitution)
explain why you chose them. (2013 BAR)
(c) Enumerate the ground for impeachment. Is
A: The President can be impeached for culpable violation of graft and corruption a ground for
the Constitution and betrayal of public trust. The Supreme impeachment?
Court has already ruled that the provision in Article XVIII,
Section 25 of the Constitution requires a treaty even for the A: The following are the grounds for impeachment;
mere temporary presence of foreign troops in the 1. Culpable violation of the Constitution;
Philippines. (Bayan v. Zamora, G.R. No. 138570, 10 Oct. 2000) 2. Treason;
The President cannot claim, therefore, that he acted in good 3. Bribery;
faith. (Report of the Special Committee in the Impeachment 4. Graft and corruption;
of President Quirino, Congressional Record of the House of 5. Other high crimes; and
President Quirino, Congressional Record of the House of 6. Betrayal of public trust
Representatives, Vol. IV, p. 1553). Betrayal of public trust
includes violation of the oath of the office of the President Q: Is cronyism a legal ground for the impeachment of
(Record of the Constitutional Commission, Vol. II, p. 272). In the President? Explain. (2000 BAR)
his oath of office, the President swore to preserve and
defend the Constitution. (Sec. 5, Art. VII, 1987 Constitution) A: YES, cronyism is a legal ground for the impeachment of
the President. Under Section 2, Article XI of the Constitution,
betrayal of public trust is one of the grounds for

Political Law
Impeachment. This refers to violation of the oath of office Did X’s proclamation divest the COMELEC of its
and includes cronyism which involves unduly favoring a jurisdiction to decide the case and vest the House of
crony to the prejudice of public interest. (Record of the Representatives Electoral Tribunal (HRET)
Constitutional Commission, Vol. II, p. 272) jurisdiction to hear the case? Explain. (2019 BAR)
Q: What are the grounds for impeachment? Explain. A: NO, COMELEC maintains its jurisdiction over the matter.
(1999 BAR) To divest the COMELEC of jurisdiction over election cases
of Members of the House of Representatives, the following
A: Under Section 2, Article XI of the Constitution, the grounds requisites must concur: (P-A-O)
for impeachment are culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, 1. Valid Proclamation;
and betrayal of public trust. 2. Valid Oath; and
3. Assumption of office on June 30.
J. ELECTORAL TRIBUNALS AND THE COMMISSION ON Thus, the mere proclamation of X does not yet transfer
APPOINTMENTS jurisdiction from the COMELEC to the HRET. (Reyes v.
COMELEC, G.R. No. 207264, 22 Oct. 2013)
Q: Ang Araw, a multi-sectoral party-list organization

1. POWERS AND JURISDICTION duly registered as such with the Commission on
(2019, 2018, 2017, 2012, 2006 BAR) Elections (COMELEC), was proclaimed as one of the
winning party-list groups in the last national elections.
CONCEPTS Its first nominee, Alejandro, assumed office as the
party-list representative.
Q: What is the function of the Senate Electoral Tribunal
and the House of Representatives Electoral Tribunal? About one year after Alejandro assumed office, the
(2006 BAR) Interim Central Committee of Ang Araw expelled
Alejandro from the party for disloyalty and replaced
A: The function of the Senate Electoral Tribunal and the him with Andoy, its second nominee. Alejandro
House of Representatives Electoral Tribunal is to be the sole questioned before the Comelec his expulsion and
judge of all contests relating to the election, returns and replacement by Andoy.
qualifications of Senators and Congressmen, respectively.
(Section 17, Article VI of the Constitution) The Comelec considered Alejandro's petition as an
intra-party dispute which it could resolve as an
Q: What is the composition of each? (2006 Bar) incident of its power to register political parties; it
proceeded to uphold the expulsion.
A: The Senate Electoral Tribunal and the House of Is the Comelec's ruling correct? (2018 BAR)
Representatives Electoral Tribunal are composed of nine
members, three of whom are Justices of the Supreme Court A: Alejandro’s petition should be dismissed for lack of
designated by the Chief Justice, and the remaining six jurisdiction. It is the HRET which has jurisdiction over the
members are Senators and Congressmen, respectively, case, because Alejandro is already a Member of the House
chosen based on proportional representation from the of Representatives. (Lico v. Commission on Elections, G.R. No.
political parties as well as the parties registered under the 205505, 29 Sept. 2015)
party-list system represented in the House of
Representatives, in the case of the latter. (Section 17, Article Q: Sec. 17, Art. VI of the Constitution establishes an
VI of the Constitution) Electoral Tribunal for each of the Houses of Congress
and makes each Electoral Tribunal "the sole judge of all
APPLICATION contests relating to the election, returns, and
qualifications of their respective Members." On the
Q: Candidate X, a naturalized Filipino citizen, ran for other hand, Sec. 2(1), C (Commission on Elections), Art.
Congressman for the Lone District of Batanes. After a IX of the Constitution grants the COMELEC the power to
close electoral contest, he won by a slim margin of 500 enforce and administer all laws and regulations
votes. His sole opponent, Y, filed an election protest "relative to the conduct of an election, plebiscite,
before the Commission on Election (COMELEC), initiative, referendum, and recall."
position because he is not a natural-born citizen. While Considering there is no concurrence of jurisdiction
the case was pending, X was proclaimed by the between the Electoral Tribunals and the COMELEC,
Provincial Election Supervisor of Batanes as the duly state when the jurisdiction of the Electoral Tribunals
elected Congressman of the province. begins, and the COMELEC's jurisdiction ends. Explain
your answer. (2017 BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: It is well-entrenched in a long line of cases decided by the day of June following their election. (Reyes v. COMELEC, G.R.
Supreme Court that the jurisdiction of the Electoral No. 207264, 25 June 2013)
Tribunal begins once a winning candidate has been
proclaimed, taken his oath, and assumed office. It is only Q: Mr. Yellow and Mr. Orange were leading candidates
after the occurrence of these events that a candidate can be in the vice-presidential elections. After the elections,
considered as either a Member of the House of Yellow emerged as the winner by a slim margin of
Representatives or a Senator. 100,000 votes. Undaunted, Orange filed a protest with
the Presidential Electoral Tribunal (PET). After due
The practical application of these rulings, at least insofar as consideration of the facts and the issues, PET ruled that
the HRET is concerned, has been that it commences Orange was the real winner of the elections and
exercising such jurisdiction, to the exclusion of the ordered his immediate proclamation. (2012 BAR)
COMELEC, which has initial jurisdiction over said matters,
upon the proclamation of the winning candidate (Cruz, (a) Aggrieved, Yellow filed with the Supreme Court
2014). a Petition for Certiorari challenging the
decision of the PET alleging grave abuse of
Q: Beauty was proclaimed as the winning candidate for discretion. Does the Supreme Court have
the position of Representative in the House of jurisdiction?
Representatives three (3) days after the elections in
May. She then immediately took her oath of office. A: The supreme court has no jurisdiction over the petition.
However, there was a pending disqualification case The Presidential Electoral Tribunal is not simply an agency
against her, which case was eventually decided by the which the Members of the Senate Court were assigned. It is
COMELEC against her 10 days after the election. Since not separate from the Supreme Court. (Macalintal v.
she has already been proclaimed, she ignored that Presidential Electoral Tribunal, G.R. No. 191618, 23 Nov.
decision and did not bother appealing it. The COMELEC 2010
then declared in the first week of June that its decision
holding that Beauty was not validly elected had become (b) Would the answer in (a) be the same if Yellow
final. Beauty then went to the Supreme Court and Orange were contending for a senatorial
questioning the jurisdiction of the COMELEC claiming slot and it was the Senate Electoral Tribunal
that since she had already been proclaimed and had who issued the challenged ruling?
taken her oath of office, such an election body had no
more right to come up with a decision – that the A: The Supreme Court would have jurisdiction if it were the
jurisdiction had already been transferred to the House Senate Electoral Tribunal who issued the challenged ruling.
of Representatives Electoral Tribunal. How defensible The Supreme Court can review its decision if it acted with
is the argument of Beauty? (2014 BAR) grave abuse of discretion. (Lerias v. House of Representatives
Electoral Tribunal, G.R. No. 97105, 15 Oct. 1991
A: The House of Representatives Electoral Tribunal has
acquired exclusive jurisdiction over the case of Beauty since (c) What is the composition of the PET?
she has already been proclaimed. The proclamation of the
winning candidate is the operative fact that triggers the A: The Presidential Electoral Tribunal is composed of the
exclusive jurisdiction of the House of Representatives Chief Justice and Associate Justices of the Supreme Court
Electoral Tribunal over election contests relating to the sitting en banc. (Sec.4, Art. VII, 1987 Constitution)
election, returns and qualifications of the winning
candidate. The proclamation divests the Commission on Q: Y was elected Senator in the May 1987 national
Elections of jurisdiction over the question of elections. He was born out of wedlock in 1949 to an
disqualifications pending before it at the time of the American father and a naturalized Filipina mother. Y
proclamation. Any case of questions over the qualifications never elected Philippine citizenship upon reaching the
of a winning candidate should be raised before the House of age of majority. Before what body should T, the losing
Representative Electoral Tribunal. (Limkaichong v. candidate, question the election of Y? State the reasons
COMELEC, G.R. Nos. 178831-32, 01 Apr. 2009; Jalosjos, Jr. v. for your answer. (1990 BAR)
COMELEC, G.R. No. 205033, 18 June 2013)
A: T, the losing candidate, should question the election of Y
ALTERNATIVE ANSWER: before the Senate Electoral Tribunal, because the issue
involved is the qualification of Y to be a Senator. Sec. 17, Art.
The argument of Beauty is untenable. For the House of VI of the 1987 Constitution provides that The Senate and the
Representatives Electoral Tribunal to acquire jurisdiction House of Representatives shall each have an Electoral
over the disqualification case, she must be a Member of the Tribunal which shall be the sole judge of all contests relating
House of Representatives. Although she had been to the election, returns, and qualifications of their
proclaimed and had taken her oath of office, she had not yet respective Members.
assumed office. The term of office of the Members of the
House of Representatives begins at noon on the thirtieth

Political Law
A: I shall advise those starting a people’s initiative that

K. INITIATIVE AND REFERENDUM initiative to pass a law defining political dynasties may
(2014, 2010, 2009, 2005 BAR) proceed as their proposal is to enact a law only and not to
amend the constitution. The decision in Santiago v.
COMELEC (G.R. No. 127325 19 Mar. 1997) which has not
been reversed, upheld the adequacy of the provisions in
CONCEPTS
Republic Act 6735 on initiative to enact a law.
Q: What are the essential elements of a valid petition for

ALTERNATIVE ANSWER:
a people’s initiative to amend the 1987 Constitution?
Discuss. (2010, 2009 BAR)
I shall advise those starting a people’s initiative that the
ruling in Santiago vs. Commission on Election that there is
A: The elements of a valid petition for a people’s initiative
as yet no enabling law for an initiative has not been
are the following:
reversed. According to Section 4(3), Article VIII of the
Constitution, a doctrine of law laid down in a decision
1. At least twelve per cent (12%) of the registered
rendered by the Supreme Court en banc may not be
voters, of which every legislative district must be
reversed except if it is acting en banc. The majority opinion
represented by at least three per cent (3%) of the
in Lambino v. COMELEC, G.R. No. 174153, 25 Oct. 2006)
registered voters in it, should directly sign the
refused to re- examine the ruling in Santiago v. COMELEC,
entire proposal; and
G.R. No. 127325, 19 Mar. 1997) because it was not necessary
2. The draft of the proposed amendment must be
for deciding the case. The Justices who voted to reverse the
embodied in the petition. (Lambino v. COMELEC,
ruling constituted the minority.
G.R. No. 174153, 25 Oct. 2006)
NOTE: However, as of the present, there is no enabling law

for an initiative to propose amendments on the
Constitution.
Q: The present Constitution introduced the concepts

and processes of Initiative and Referendum. Compare
and differentiate one from the other. (2005 BAR)
A: Initiative is the power of the people to propose

amendments to the Constitution or to propose and enact
legislations through an election called for the purpose (Sec.
3(a), R.A. No. 6735). Referendum is the power of the
electorate to approve or reject a legislation through an
election called for the purpose. (Section 3(c), R.A. No. 6735)
APPLICATION
Q: Several citizens, unhappy with the proliferation of

families dominating the political landscape, decided to
take matters into their own hands. They proposed to
come up with a people’s initiative defining political
dynasties. They started a signature campaign for the
purpose of coming up with a petition for that purpose.
Some others expressed misgivings about a people’s
initiative for the purpose of proposing amendments to
the Constitution, however. They cited the Court’s
decision in Santiago v. Commission on Elections (G.R.
No. 127325 19 Mar. 1997), as authority for their
position that there is yet no enabling law for such
purpose. On the other hand, there are also those who
claim that the individual votes of the justices in
Lambino v COMELEC (G.R. No. 174153, 25 Oct. 2006),
mean that Santiago’s pronouncement has effectively
been abandoned. If you were consulted by those behind
the new attempt at a people’s initiative, how would you
advise them? (2014 BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
PRESIDENTIAL PRIVILEGE
IV. EXECUTIVE DEPARTMENT (2019, 2010 BAR)
Q: Distinguish "presidential communications privilege"

from "deliberative process privilege." (2010 BAR)
A. QUALIFICATIONS, ELECTION, AND TERM OF THE A: Presidential communications privilege applies to the
PRESIDENT AND VICE- PRESIDENT decision-making of the President. The deliberative process
(2020-2021 BAR) privilege applies to the decision-making of executive
officials. Unlike the "deliberative process privilege, “the
presidential communications privilege" applies to
Q: Can a charismatic and effective 30-year-old former documents in their entirety and covers final and post-
mayor of a chartered city in Metro Manila legally run for decisional matters, as well as pre- deliberative ones. The
President of the Republic of the Philippines in the 2022 deliberative process privilege includes advisory opinions,
elections? Explain briefly. (2020-2021 BAR) recommendations and deliberations comprising part of a
process by which governmental decisions and policies are
A: No, He is not qualified because he is only thirty years old. formulated. (Neri v. Senate Committee on Accountability of
Under the Constitution, no person may be elected President Public Officers and Investigations, G.R. No. 180643, 04 Sept.
unless he is at least forty years of age on the day of the 2008)
election. (Sec 2, Art. VII, 1987 Constitution)
Q: A committee of the Senate invited Mr. X and Mr. Y, the
Secretary of Foreign Affairs and Secretary of Energy,
B. PRIVILEGES, INHIBITIONS, AND respectively, as resource speakers for an inquiry in aid
DISQUALIFICATIONS legislation. Mr. X refused to attend, arguing that the
Senate, not its committee, has the power to compel
attendance. Meanwhile, Mr. Y attended the committee
PRESIDENTIAL IMMUNITY hearing but upon being asked about discussions made
(2018, 2010 BAR) during a closed-door cabinet meeting, he refused to
answer invoking executive privilege. The committee
Q: Will the president’s immunity from suit continue members insisted that Mr. Y answer the question
even after his term has ended, considering that the pursuant to the right of Congress to information from
events covered by the petition took place during his the executive branch. (2019 BAR)
terms? (2018 BAR)
Is Mr. Y’s refusal to answer based on executive privilege
A: NO. The presidential immunity from suit exists only in valid? Explain.
concurrence with the President’s incumbency. A non-sitting
President cannot claim immunity even if the acts A: YES, Mr. Y’s refusal is valid. The privilege includes
complained of were committed while he was still a sitting presidential conversations, correspondences, or
President. The reason for this is that if the immunity is not discussions during closed-door Cabinet meetings. The
granted while he is in office, he might be spending all his intention of the President to prevent leakage of information
time in attending to litigations. After his term, he can to the public is crystal clear because the discussions were
already attend to them. (Estrada v. Desierto, G.R. Nos. made in a “closed-door meeting.” (Sereno v. Committee on
146710-15, 146738, 03 Apr. 2001; Rodriguez v. Macapagal- Trade and Related Matters, G.R. No. 175210, 01 Feb. 2016)
Arroyo, G.R. Nos. 191805 & 193160, 15 Nov. 2011)
ALTERNATIVE ANSWER:
Q: Upon complaint of the incumbent President of the
Republic, "A" was charged with libel before the NO. Only the President or the Executive Secretary by order
Regional Trial Court. “A" moved to dismiss the of the President can invoke executive privilege. (Senate of
information on the ground that the Court had no the Philippines v. Ermita, G.R. No. 169777, 20 Apr. 2006)
jurisdiction over the offense charged because the Though executive privilege may be extended through the
President, being immune from suit, should also be Executive Secretary via an order, absent such formal
disqualified from filing a case against “A" in court. extension of privilege in favor of Mr. Y, the cabinet secretary
Resolve the motion. (2010 BAR) could not on his own authority invoke the privilege. (In all
instances, there exists a presumption that inclines heavily
A: The motion should be denied. The immunity of the against executive secrecy and in favor of disclosure.) (Neri
President from suit is personal to the President. It may be v. Senate Committee on Accountability, G.R. No. 180643, 04
invoked by the President only and not by any other person. Sept. 2008)
(Soliven vs. Makasiar, G.R. No. 82585, 14 Nov. 1988)

Political Law
ALTERNATIVE ANSWER:
C. POWERS OF THE PRESIDENT
The President does not possess the authority to scrap the
Special Appropriations Act to construct the new bridge. His
refusal to spend the funds appropriated for the purpose is
1. GENERAL EXECUTIVE AND ADMINISTRATIVE unlawful. The President is expected to faithfully implement
POWERS the purpose for which Congress appropriated funds.
(2020-21, 2014, 2003 BAR) Generally, he cannot replace legislative discretion with his
own personal judgment as to the wisdom of a law. (Araullo
Q: A Senator filed a petition for mandamus to compel a v. Aquino, G.R. No. 209287, 01 July 2014)
newly elected President to sign, approve, and transmit
to the Senate for its ratification the treaty creating the Q: The President abolished the Office of the
International Criminal Court. Should this petition Presidential Spokesman in Malacañang Palace and a
prosper? Explain briefly. (2020-2021 BAR) long-standing Bureau under the Department of Interior
and Local Governments. The employees of both offices
A: NO. The President may not be compelled to submit the assailed the action of the President for being an
treaty to the Senate for its concurrence. encroachment of legislative powers and thereby void.
Was the contention of the employees, correct? Explain.
It is within the authority of the President to refuse to submit (2003 BAR)
a treaty to the Senate or, having secured its consent for its
ratification, refuse to ratify it. The refusal of a state to ratify A: The contention of the employees is not correct. Sec. 31,
a treaty which has been signed in its behalf is a decision Book III of the Administrative Code of 1987 has delegated the
which is within the competence of the President alone, President’s continuing authority to reorganize the
which cannot be encroached upon by the courts via a writ administrative structure of the Office of the President to
of mandamus. Courts have no jurisdiction over actions achieve simplicity, economy and efficiency. (Buklod nq
seeking to enjoin the President in the performance of his Kawaninq EIIB v. Zamora, G.R. Nos. 142801-802, 10 July
official duties. The writ of mandamus prayed for by the 2001) Since this includes the power to abolish offices, the
petitioners cannot prosper or be granted as it is beyond the President can abolish the Office of the Presidential
jurisdiction of courts to compel the executive branch of the Spokesman, provided it is done in good faith. The President
government to transmit the signed text of the treaty to the can also abolish the Bureau in the Department of Interior
Senate. (Pimentel v. Executive Secretary, G.R. No. 158088, 16 and Local Governments, provided it is done in good faith
July 2008, cited in Pangilinan v. Cayetano, G.R. Nos. 238875, because the President has been granted continuing
239483 & 240954, 16 Mar. 2021) authority to reorganize the administrative structure of the
National Government to effect economy and promote
Q: The President, concerned about persistent reports of efficiency. The powers include the abolition of government
widespread irregularities and shenanigans related to offices. (Presidential Decree No. 1416, as amended by
the alleged ghost projects with which the pork barrel Presidential Decree No. 1772; Larin v. The Executive
funds of members of Congress had been associated, Secretary, G.R. No. 112745, 16 Oct. 1997)
decided not to release the funds authorized under a
Special Appropriations Act for the construction of a 2. POWER OF APPOINTMENT
new bridge. The Chief Executive explained that, to
properly conserve and preserve the limited funds of the
a. IN GENERAL
government, as well as to avoid further mistrust by the
(2017, 2016, 2014, 2013, 2003, 1994 BAR)
people, such a project – which he considered
unnecessary since there was an old bridge near the
Q: What is the nature of an "acting appointment" to a
proposed bridge which was still functional – should be
government office? Does such an appointment give the
scrapped. Does the President have such authority?
appointee the right to claim that the appointment will,
(2014 BAR)
in time, ripen into a permanent one? Explain. (2003
BAR)
A: The President has the authority to withhold the release
of the funds under a Special Appropriation Act for a project
A: According to Sevilla v. Court of Appeals (G.R. No. L-41182-
he considered unnecessary. The faithful execution of the
3, 16 Apr. 1988) an acting appointment is merely temporary.
laws requires the President to desist from implementing a
A temporary appointment cannot become a permanent
law if doing so will prejudice the public interest. It is folly to
appointment unless a new appointment which is
require the President to spend the entire amounts
permanent is made. (Marohombsar v. Alonto, G.R. No. 93711,
appropriated in the law in such a case. (Philippine
25 Feb. 1991) This holds true unless the acting appointment
Constitution Association v. Enriquez, G.R. No. 113105, 19 July
was made because of a temporary vacancy. In such a case,
1994)
the temporary appointee holds office until the assumption
of office by the permanent appointee.

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: When is an appointment in the civil service Q: The President appoints the Vice President as his
permanent? Distinguish between an "appointment in Administration's Housing Czar, a position that requires
an acting capacity" extended by a Department the appointee to sit in the Cabinet. Although the
Secretary from an ad interim appointment extended by appointment of the members of the Cabinet requires
the President. Distinguish between a provisional and a confirmation by the Commission on Appointment (CA),
temporary appointment. (1994 BAR) the Office of the President does not submit the
appointment to the CA. May the Vice President validly
A: sit in the Cabinet? (2017 BAR)
1. Under Sec. 25(a) of the Civil Service Decree, an
appointment in the civil service is PERMANENT A: YES. Under Sec. 3 Art. VII of the 1987 Constitution, The
when issued to a person who meets all the Vice-President may be appointed as a Member of the
requirements for the position to which he is being Cabinet. Such appointment requires no confirmation.
appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of Q: While Congress was not in session, the President
law, rules and standards promulgated in pursuance appointed Antero as Secretary of the Department of
thereof. (UPLC Suggested Answers) Tourism (DOT), Benito as Commissioner of the Bureau
of Immigration (BI), Clodualdo as Chairman of the Civil
2. An appointment in an ACTING CAPACITY extended Service Commission (CSC), Dexter as Chairman of the
by a Department Secretary is not permanent but Commission on Human Rights (CHR), and Emmanuel as
temporary. Hence, the Department Secretary may Philippine Ambassador to Cameroon. The following
terminate the services of the appointee at any time. day, all the appointees took their oath before the
On the other hand, an AD INTERIM APPOINTMENT President, and commenced to perform the functions of
extended by the President is an appointment which their respective offices. (2016 BAR)
is subject to confirmation by the Commission on
Appointments and was made during the recess of (a) Characterize the appointments, whether
Congress. An ad interim appointment is permanent or temporary; and whether regular
permanent. (Summers v. Ozaeta, G.R. No. L-1534 25 or interim, with reasons.
Oct. 1948)
A: The appointment of Antero as Secretary of Tourism is ad
3. In Sec. 24 (d) of the Civil Service Act of 1959, a interim because it is subject to confirmation of the
TEMPORARY APPOINTMENT is one issued to a Commission on Appointments and was made while
person to a position needed only for a limited Congress was not in session. He can start performing his
period not exceeding six months. Under Sec. 25(b) duties upon his acceptance, because it is permanent and
of the Civil Service Decree, a temporary cannot be withdrawn after its acceptance. (Matibag v.
appointment is one issued to a person who meets Benipayo, G.R. No. 149036, 02 Apr. 2002)
all the requirements for the position to which he is
being appointed except the appropriate civil The appointment of Benito as Commissioner of the Bureau
service eligibility because of the absence of of Immigration is regular and permanent. It is not required
appropriate eligibles and it is necessary in the to be confirmed by the Commission on Appointments. He
public Interest to fill the vacancy. On the other can start performing his duties upon acceptance of the
hand. Sec. 24(e) of the Civil Service Act of 1959 appointment. (Sec. 16, Art. VII, 1987 Constitution)
defined a PROVISIONAL APPOINTMENT as one
issued upon the prior authorization of the Civil The appointment of Clodualdo as Chairman of the Civil
Service Commission in accordance with its Service Commission is ad interim because it is subject to
provisions and the rules and standards confirmation by the Commission on Appointments and was
promulgated in pursuance thereto to a person who made while Congress was not in session. He can start
has not qualified in an appropriate examination but performing his duties upon his acceptance of the
who otherwise meets the requirements for appointment, because it is permanent and cannot be
appointment to a regular position in the withdrawn.
competitive service, whenever a vacancy occurs
and the filling thereof is necessary in the interest of The appointment of Dexter as Chairman of the Commission
the service and there is no appropriate register of on Human Rights is regular and permanent upon his
eligibles at the time of appointment. Provisional acceptance. It is not required to be confirmed by the
appointments in general have already been Commission on Appointments. He can start performing his
abolished by Republic Act 6040. However, it still duties upon his acceptance. (Bautista v. Salonga G.R. No.
applies with regard to teachers under the Magna 86439, 13 Apr. 1989)
Carta for Public School Teachers. (UPLC Suggested
Answers) The appointment of Emmanuel as ambassador to Cameroon
is ad interim because it is subject to confirmation by the
Commission on Appointment. (Sec. 16, Art. VII, 1987
Constitution)

Political Law
(b) A civil society group, the Volunteers Against Commission on Appointments can be made without the
Misguided Politics (VAMP), files suit, contesting latter's consent, and that an undersecretary should
the legality of the acts of the appointees and instead be designated as Acting Secretary. Should the
claiming that the appointees should not have petition be granted? (2013 BAR)
entered into the performance of the functions
of their respective offices, because their A: NO, the petition should not be granted. The Department
appointments had not yet been confirmed by Head is an alter ego of the President and must enjoy his
the Commission on Appointments. Is this claim confidence even if the appointment will be merely
of VAMP correct? Why or why not? temporary. The Senators cannot require the President to
designate an Undersecretary to be the temporary alter ego
A: NO. The claim of VAMP is not correct. The Commission of of the President. (Pimentel v. Ermita, G.R. No. 164978, 13 Oct.
Investigation and the Commission on Human Rights can 2005)
immediately start performing their functions upon
acceptance since they are not required to be confirmed. The b. CONFIRMATION AND BY-PASSED APPOINTMENTS
Secretary of the Department of Tourism and the Chairman
of the Civil Service Commission, disbursements of their Q: The President appointed Dexter I. Ty as Chairperson
salaries and emoluments are valid. of the COMELEC on June 14, 2011, for a term of seven
(7) years pursuant to the 1987 Constitution. His term of
Q: Margie has been in the judiciary for a long time, office started on June 2, 2011 to end on June 2, 2018.
starting from the lowest court. Twenty (20) years from Subsequently, the President appointed Ms. Marikit as
her first year in the judiciary, she was nominated as a the third member of the COMELEC for a term of seven
Justice in the Court of Appeals. Margie also happens to (7) years starting June 2, 2014 until June 2, 2021. On
be a first-degree cousin of the President. The Judicial June 2, 2015, Chairperson Ty retired optionally after
and Bar Council included her in the short-list submitted serving the government for thirty (30) years. The
to the President whose term of office was about to end President then appointed Commissioner Marikit as
–a month before the next presidential elections. Can the COMELEC Chairperson. The Commission on
resident still make appointments to the judiciary Appointments confirmed her appointment. The
during the so-called midnight appointment ban period? appointment papers expressly indicate that Marikit
Assuming that he can still make appointments, could he will serve as COMELEC Chairperson "until the
appoint Margie, his cousin? (2014 BAR) expiration of the original term of her office as COMELEC
Commissioner or on June 2, 2021." Matalino, a
A: NO, the President cannot make appointments to the taxpayer, files a petition for certiorari before the
Court of Appeals. The President can make appointments Supreme Court asserting that the appointment of
only to the Supreme Court two months before a presidential Marikit as COMELEC Chairperson is unconstitutional
election until the end of his term, but not to the rest of the for the following reasons: (1) The appointment of
Judiciary like the Court of Appeals. Under Sec. 4(1), Art. VIII Marikit as COMELEC Chairperson constituted a
of the Constitution, vacancies in the Supreme Court shall be reappointment which is proscribed by Section 1 (2),
filed within ninety (90) days from the occurrence of the Article IX of the 1987 Constitution; and (2) the term of
vacancy. Under Sec. 9, Art. VIII of the Constitution, vacancies office expressly stated in the appointment papers of
in the lower courts shall be filled within ninety (90) days Marikit likewise contravenes the aforementioned
from submission of the list of nominees. These constitutional provision. Will the constitutional
appointments are screened by the Judicial and Bar Council, challenge succeed? Explain. (2015 BAR)
and the process necessarily precludes or prevents the
President from making purely political appointments to the A: The first argument is untenable since Commissioner
courts, which is what is sought to be prevented by the Marikit was not reappointed but actually was a promotional
prohibition. (De Castro v. Judicial and Bar Council, G.R. No. appointment as she had not yet fully served her term. What
191002, 20 Apr. 2010) the Constitution prohibits is a reappointment of a COMELEC
Commissioner after serving the seven-year term. On the
Assuming he can still make appointments, the President second argument, the limitation of the term of
may appoint his first cousin as Justice of the Court of Commissioner Marikit as chairman until expiration of her
Appeals. The prohibition in Sec. 13, Art. VII of the original term on June 2, 2021 is valid only until June 8, 2018,
Constitution against appointment by the President of that is, the unexpired portion of the last chairman’s term but
relatives within the fourth degree by consanguinity or invalid if until 2021 as it exceeds the limitation. A
affinity does not extend to appointments to the Judiciary. promotional apportionment is allowed provided that the
aggregate period of the term of the appointee will not
Q: While Congress was in session, the President exceed seven years and that the rotational scheme of
appointed eight acting Secretaries. A group of Senators staggering terms of the commission membership is
from the minority bloc questioned the validity of the maintained. (Funa v. Ermita, G.R. No. 192791, 24 Apr. 2012)
appointments in a petition before the Supreme Court
on the ground that while Congress is in session, no
appointment that requires confirmation by the

2022 GOLDEN NOTES
QuAMTO (1987-2021)
c. MIDNIGHT AND AD INTERIM APPOINTMENTS A: The second ad interim appointment of Santos does not
(2010, 2005 BAR) violate the prohibition against reappointment under Sec.
1(2) Art. IX-C, 1987 Constitution. The prohibition does not
Q: A was a career Ambassador when he accepted an ad apply to a by-passed ad interim appointment because it has
interim appointment as a cabinet Member. The not been finally disapproved by the Commission on
Commission on Appointment bypassed his ad interim Appointments. (Matibag v. Benipayo, G.R. No. 149036, 02
appointment, however, and he was not re-appointed. Apr. 2002) The prohibition against reappointment in the
Can he re-assume his position as career Ambassador? Constitution presupposes the end of the term. After the end
(2010 BAR) of the term, he cannot be reappointed.
A: The career Ambassador cannot re-assume his position as d. POWER OF REMOVAL

career Ambassador. His ad interim appointment as Cabinet
Member was permanent. (Summers v. Ozaeta, G.R. No. L-
1534 25 Oct. 1948) He abandoned his position as D. POWER OF CONTROL AND SUPERVISION
Ambassador when he accepted his appointment as Cabinet (2015, 2009 BAR)
Member because as Cabinet Member, he could not hold any
other office during his tenure. (Sec. 13, Art. VII, 1987
Constitution)
1. DOCTRINE OF QUALIFIED POLITICAL AGENCY
Q: In March 2001, while Congress was adjourned, the
President appointed Santos as Chairman of the Q: TRUE or FALSE: The president exercises the power of
Commission on Elections. Santos immediately took his control over all executive departments and agencies,
oath and assumed office. While his appointment was including government-owned or controlled
promptly submitted to the Commission on corporations. (2009 BAR)
Appointments for confirmation, it was not acted upon
and Congress again adjourned. In June 2001, the A: TRUE. Under Section 18, Article VII of the Constitution
President extended a second ad interim appointment to the President has control of all executive departments,
Santos for the same position with the same term, and bureaus and offices. His power of control extends to
this appointment was again submitted to the agencies with respect to their administrative functions,
Commission on Appointments for confirmation. Santos even if they are performing quasi-judicial functions (Cruz v.
took his oath anew and performed the functions of his Secretary of Environment and Natural Resources, 347 SCRA
office. 128, 2000) and to government-owned or controlled
corporations. (National Marketing Corporation v. Acra, G.R.
Reyes, a political rival, filed a suit assailing certain No. L-25743, 30 Sept. 1969)
orders issued by Santos. He also questioned the validity
of Santos' appointment. Resolve the following issues: Q: A law provides that the Secretaries of the
(2005 BAR) Departments of Finance and Trade and Industry, the
Governor of the Central Bank, the Director General of
(a) Does Santos' assumption of office on the basis the National Economic Development Authority, and the
of the ad interim appointments issued by the Chairperson of the Philippine Overseas Construction
President amount to a temporary appointment Board shall sit as ex- officio members of the Board of
which is prohibited by Section 1 (2), Article IX- Directors (BOD) of a government owned and controlled
C of the Constitution? corporation (GOCC). The other four (4) members shall
come from the private sector. The BOD issues a
A: The assumption of office by Santos based on one ad resolution to implement a new organizational
interim appointment issued by the President does not structure, staffing pattern, a position classification
amount to a temporary appointment. An ad interim system, and a new set of qualification standards. After
appointment is a permanent appointment, because it takes the implementation of the Resolution, Atty. Dipasupil
effect immediately and can no longer be withdrawn by the questioned the legality of the Resolution alleging that
president once the appointee has qualified for office. (Sec. the BOD has no authority to do so. The BOD claims
16 (2), Art. VII, 1987 Constitution; Matibag v. Benipayo, G.R. otherwise arguing that the doctrine of qualified
No. 149036, 02 Apr. 2002) political agency applies to the case. It contends that
since its agency is attached to the Department of
(b) Assuming the legality of the first ad interim Finance, whose head, the Secretary of Finance, is an
appointment and assumption of office by alter ego of the President, the BOD's acts were also the
Santos, were his second ad interim acts of the President. Is the invocation of the doctrine
appointment and subsequent assumption of by the BOD proper? Explain. (2015 BAR)
office to the same position violations of the
prohibition on reappointment under Section 1 A: The invocation by the Board of directors of the doctrine
(2), Article IX-C of the Constitution? of qualified political agency is improper.

Political Law
The doctrine of qualified political agency essentially A: Declaration of a state of calamity produces, inter alia,
postulates that the heads of the various executive these legal effects within the Province of Aurora:
departments are the alter egos of the President, and, thus,
the actions taken by such heads in the performance of their 1. Automatic Price Control — under R.A. No. 7581,
official duties have deemed the acts of the President unless The Price Act;
the President himself should disapprove such acts. This
doctrine is in recognition of the fact that in our presidential 2. Authorization for the importation of rice under
form of government, all executive organizations are R.A. No. 8178, The Agricultural Tarrification Act;
adjuncts of a single Chief executive; that the heads of the
executive Departments are assistants and agents of the 3. Automatic appropriation under R.A. No. 7160 is
Chief Executive; and that the multiple executive functions of available for unforeseen expenditures arising from
the president as the Chief Executive are performed through the occurrence of calamities in areas declared to be
the Executive Departments. The doctrine has been adopted in a state of calamity;
here out of practical necessity, considering that the
President cannot be expected to personally perform the 4. Local government units may enact a supplemental
multifarious functions of the executive office. budget for supplies and materials or payment of
services to prevent danger to or loss of life or
The Cabinet Members sat on the Board of Directors ex property, under R.A. No. 7160;
officio, or because of their office or function, “not because of
their direct appointment to the Board by the president. It 5. Entitlement to hazard allowance for Public
was the law, not the President, that sat them in the Board.” Health Workers (under R.A. No. 7305, Magna Carta
Under the circumstances, when the members of the Board for Public Health Workers), who shall be
of Directors affected the assailed... reorganization, they compensated hazard allowances equivalent to at
were acting as the responsible members of the Board of least twenty-five percent (25%) of the monthly
Directors constituted pursuant to the law, not as the alter basic salary of health workers receiving salary
egos of the President. (Trade and Investment Development grade 19 and below, and five percent (5%) for
Corporation of the Philippines v. Manalang-Demigillo, G.R. health workers with salary grade 20 and above;
No. 185571, 05 Mar. 2013; Manalang-Demigillo v. Trade and and
Investment Development Corporation of the Philippines, G.R.
No. 168613, 05 Mar. 2013) 6. Entitlement to hazard allowance for science and
technological personnel of the government
2. EXECUTIVE DEPARTMENTS AND OFFICES under R.A. No. 8439; and 7. A crime committed
during a state of calamity will be considered
aggravated under Art. 14, par. 7 of the Revised Penal
3. LOCAL GOVERNMENT UNITS Code.
APPLICATION
E. EMERGENCY POWERS
(2019, 2010, 2006, 2005 BAR) Q: The continuing threat to the security of the State in
various parts of the country prompted the National
Security Adviser of the President to adopt a
"Comprehensive National Security Strategy (CNSS)"
CONCEPTS
with the following components:
Q: True or False: A proclamation of a state of emergency
Component 1: During a state of emergency, the
is sufficient to allow the President to take over any
President, in the exercise of his power of general
public utility (2010 BAR)
supervision, may delegate to the heads of local
government units (LGUs), through an administrative
A: The statement that a proclamation of emergency is
issuance, the power to call-out the Armed Forces of the
sufficient to allow the President to take over any public
Philippines (AFP) for a more effective and immediate
utility is false. Since it is an aspect of emergency powers, in
response to the ground situation; and
accordance with Section 23 (2), Article VI of the
Constitution, there must be a law delegating such power to
Component 2: In declaring Martial Law, the President,
the President. (David v. Macapagal-Arroyo, G.R. No. 171396
in a preemptive action and without waiting for the
03 May 2006)
recommendation of the Secretary of National Defense
and the AFP, may rely upon any intelligence
Q: To give the much-needed help to the Province of
information he may have gathered through other
Aurora devastated by typhoons and torrential rains,
sources.
the President declared it in a "state of calamity." Give at
least four (4) legal effects of such a declaration. (2005
Disturbed by the strategy’s supposed infirmities, a
BAR)
concerned citizens’ organization raised the

2022 GOLDEN NOTES
QuAMTO (1987-2021)
constitutionality of the two (2) components of the CNSS

before the Supreme Court. (2019 BAR) F. MILITARY POWERS
(2017, 2015 BAR)
(a) Is component 1 of the CNSS constitutional?
Explain.
Q: Distinguish the President's authority to declare a

A: NO, component 1 of the CNSS is not constitutional. Inside
state of rebellion from the authority to proclaim a state
the 1987 Constitution is a well-entrenched constitutional
of national emergency. (2015 BAR)
precept that One President means that there are certain acts
which, by their very nature, may only be performed by the
A: The power of the President to declare a state of rebellion
president as the Head of State. One of the acts is one
is based on the power of the President as chief executive
inherent in the Commander-in-Chief powers of the
and commander-in-chief of the Armed Forces of the
president which is the calling out powers. This power is
Philippines to suppress it. It is not necessary for the
vested upon the President alone as an act of lesser gravity
President to declare a state of rebellion before calling out
with the act of declaring martial law. As cited in Villena,
the Armed forces of the Philippines to suppress it. The
there are constitutional powers and prerogatives of the
proclamation only gives notice to the nation that such a
Chief Executive of the Nation which cannot be used by any
state exists and that the Armed Forces of the Philippines
other person either through ratification or approval
may be called upon to suppress it (Sanlakas v. Executive
because it must be exercised by him in person. (Kulayan v.
Secretary, G.R. No. 159085, 03 Feb. 2004). On the other hand,
Gov. Tan, G.R. No. 187298, 03 July. 2012)
a proclamation of a state of national emergency, the
President is already calling out the Armed Forces of the
(b) Is component 2 of the CNSS constitutional?
Philippines to suppress not only rebellion but also lawless
Explain.
violence. (David v. Arroyo, G.R. No. 171396, 03 May 2006)
A: YES, component 2 of the CNSS is constitutional. A plain

Q: Typhoon Bangis devastated the Province of
reading of Section 18, Article VII of the Constitution shows
Sinagtala. Roads and bridges were destroyed which
that the President's power to declare martial law is not
impeded the entry of vehicles into the area. This caused
subject to any condition except for the requirements of
food shortage resulting in massive looting of grocery
actual invasion or rebellion and that public safety requires
stores and malls. There is power outage also in the area.
it. In Lagman v. Medialdea, the Court ruled that even the
For these reasons, the governor of the province
recommendation of, or consultation with, the Secretary of
declares a state of emergency in their province through
National Defense, or other high-ranking military officials, is
Proclamation No. 1. He also invoked Section 465 of the
not a condition for the President to declare martial law.
Local Government Code of 1991 (R.A. No. 7160) which
Therefore, it is only on the President and no other that the
vests on the provincial governor the power to carryout
exercise of the powers of the Commander-in-Chief under
emergency measures during man-made and natural
Section 18, Article VII of the Constitution is bestowed.
disasters and calamities, and to call upon the
(Lagman v. Medialdea, G.R. No. 231658, 04 July 2017)
appropriate national law enforcement agencies to
suppress disorder and lawless violence. In the same
Q: On February 24, 2006, President Gloria Macapagal-
proclamation, the governor called upon the members
Arroyo issued Proclamation No. 1017 declaring a state
of the Philippine National Police, with the assistance of
of national emergency. Is this Proclamation
the Armed Forces of the Philippines, to set up
constitutional? Explain. (2006 BAR)
checkpoints and chokepoints, conduct general
searches and seizures including arrests, and other
A: The proclamation is constitutional insofar as it
actions necessary to ensure public safety. Was the
constitutes a call by the President for the AFP to prevent or
action of the provincial governor proper? Explain.
suppress lawless violence. This is just pursuant to the
(2015 BAR)
President’s calling-out power under Sec. 18, Art. VII of the
Constitution.
A: NO, the provincial governor is not endowed with the
power to call upon the armed forces at his own bidding. In
However, PP 1017's provisions giving the President express
issuing the assailed proclamation, Governor Tan exceeded
or implied power (1) to issue decrees; (2) to direct the AFP
his authority when he declared a state of emergency and
to enforce obedience to all laws even those not related to
called upon the Armed Forces and the police. The calling-
lawless violence as well as decrees promulgated by the
out powers contemplated under the Constitution is
President; and (3) to impose standards on media or any
exclusive to the President. An exercise by another official,
form of prior restraint on the press, are ultra vires and
even if he is the local chief executive, is ultra vires, and may
unconstitutional. Likewise, under Sec. 17, Art. XII of the
not be justified by the invocation of Section 465 of the Local
Constitution, the President, in the absence of legislation,
Government Code since said provision only refers to
cannot take over privately-owned public utilities and
calamities and disasters only and not of looting as in the
businesses affected with the public interest. (David v.
instant case. (Kulayan vs Tan, G.R. No. 187298, 03 July 2012)
Arroyo, G.R. No. 171396, 03 May 2006)

Political Law
PRINCIPLE OF COMMAND RESPONSIBILITY cited the possibility that health protocols might not be
followed.
Q: Command responsibility pertains to the
responsibility of commanders for crimes committed by A law student filed a petition before the Supreme Court
subordinate members of the armed forces or other questioning the sufficiency of the constitutional and
persons subject to their control in international wars or factual bases for the martial law declaration.
domestic conflicts. The doctrine has now found
application in civil actions for human rights abuses and Does the law student have standing to file this action?
proceedings seeking the privilege of the writ of Explain briefly. (2020-21 BAR)
Amparo.
A: YES. Under the Constitution, any citizen may file an
May the doctrine of command responsibility apply to appropriate proceeding questioning the sufficiency of the
the President for the abuses of the armed forces (AFP factual basis for any proclamation of martial law or
and PNP) given his unique role as the commander-in- suspension of the privilege of the writ of habeas corpus. (Sec.
chief of all the armed forces? Explain your answer. 18(3), Art. VII, 1987 Constitution; Lagman v. Medialdea, G.R.
(2017 BAR) No. 231658, 04 July 2017)
A: YES. The President may be held accountable under the Q: The President issued a Proclamation No. 1018
principle of command responsibility. Being the placing the Philippines under Martial Law on the
commander-in-chief of all armed forces, he necessarily ground that a rebellion staged by lawless elements is
possesses control over the military which qualifies him as a endangering the public safety. Pursuant to the
superior within the purview of the command responsibility Proclamation, suspected rebels were arrested and
doctrine. detained, and military tribunals were set up to try
them. Robert dela Cruz, a citizen, filed with the
On the knowledge issue, it must be pointed out that Supreme Court a petition questioning the validity of
although international tribunals apply a strict standard of Proclamation No. 1018. (2006 BAR)
knowledge, i.e. actual knowledge, the same may be
established through circumstantial evidence. In the (a) Does Robert have a standing to challenge
Philippines, a more liberal view is adopted, and superiors Proclamation No. 1018? Explain.
may be charged with constructive knowledge.
A: YES, Robert has standing. Under Article VIII, Section 17 of
As to the failure to prevent or punish, it is important to note the 1987 Constitution, the Supreme Court may review, in an
that as the commander-in-chief of the armed forces, the appropriate proceeding filed by any citizen, the sufficiency
President has the power to effectively command, control of the factual basis of the proclamation of martial law. As
and discipline the military. (Rodriguez v. GMA, G.R. Nos. citizen therefore, Robert may file the petition questioning
191805 & 193160, 15 Nov. 2011) Proclamation No. 1018.
1. CALLING OUT POWERS (b) In the same suit, the Solicitor General contends
that under the Constitution, the President as
Commander-in-Chief, determines whether the
Q: What do you mean by the “Calling-out Power” of the
exigency has arisen requiring the exercise of
President under Section 18, Article VII of the
his power to declare Martial Law and that his
Constitution? (2006 BAR)
determination is conclusive upon the courts.
How should the Supreme Court rule?
A: The calling-out power of the President refers to the
power of the President to order the armed forces, whenever
A: The Supreme Court should rule that his determination is
it becomes necessary, to suppress lawless violence,
not conclusive upon the courts. The 1987 Constitution
invasion or rebellion. (David v. Macapagal- Arroyo, G.R. No.
allows a citizen, in an appropriate proceeding, to file a
171396, 03 May 2006)
petition questioning the sufficiency of the factual basis of
said proclamation. Moreover, the power to suspend the
2. DECLARATION OF MARTIAL LAW AND SUSPENSION privilege of the writ of habeas corpus and the power to
OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS; impose martial law involve the curtailment and
EXTENSION suppression of certain basic civil rights and individual
(2020-21, 2006, 2000 BAR) freedoms, and thus necessitate safeguards by Congress and
review by the Supreme Court (IBP v. Zamora, G.R. No.
Q: To contain the spread of a virus, and in line with the 141284, 15 Aug. 2000).
World Health Organization’s declaration of a pandemic,
the President declared Martial law throughout the (c) The Solicitor General argues that, in any event,
entire Philippine archipelago. As an additional the determination of whether the rebellion
justification, the Proclamation declaring martial law poses danger to public safety involves a
question of fact and the Supreme Court is not a

2022 GOLDEN NOTES
QuAMTO (1987-2021)
trier of facts. What should be the ruling of the (b) What are the constitutional safeguards on the
Court? exercise of the President's power to proclaim
martial law?
A: Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are A: The following are the constitutional safeguards on the
legally demandable and enforceable, and to determine exercise of the power of the President to proclaim martial
whether or not there has been a grave abuse of discretion law:
amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government. (Sec. 1 (2), 1. There must be actual invasion or rebellion;
Art. VIII, 1987 Constitution) When the grant of power is
qualified, conditional or subject to limitations, the issue of 2. The duration of the proclamation shall not exceed
whether the prescribed qualifications or conditions have sixty days;
been met or the limitations respected, is justiciable — the
problem being one of legality or validity, not its wisdom. 3. Within forty-eight hours, the President shall report
The Supreme Court has the power to review, in an his action to Congress. If Congress is not in session,
appropriate proceeding filed by any citizen, the sufficiency it must convene within twenty-four hours;
of the factual basis of the proclamation of martial law. (Sec.
18, Art. VII, 1987 Constitution) Thus, in the matter of such 4. Congress may by majority vote of all its members
declaration, two conditions must concur: (1) there must be voting Jointly revoke the proclamation, and the
an actual invasion or rebellion; and (2) public safety must President cannot set aside the revocation;
require it. The Supreme Court cannot renege on its
constitutional duty to determine whether or not the said 5. By the same vote and in the same manner, upon
factual conditions exist. (IBP v. Zamora, G.R. No. 141284, 15 Initiative of the President, Congress may extend the
Aug. 2000) proclamation If the invasion or rebellion continues
and public safety requires the extension;
(d) Finally, the Solicitor General maintains that the
President reported to Congress such 6. The Supreme Court may review the factual
proclamation of Martial Law, but Congress did sufficiency of the proclamation, and the Supreme
not revoke the proclamation. What is the effect Court must decide the case within thirty days from
of the inaction of Congress on the suit brought the time it was filed;
by Robert to the Supreme Court?
7. Martial law does not automatically suspend the
A: The inaction of Congress has no effect on the suit brought privilege of the writ of habeas corpus or the
by Robert to the Supreme Court as Sec. 18, Art. VII of the operation of the Constitution; and
1987 Constitution provides for checks on the President's
power to declare martial law to be exercised separately by 8. It does not supplant the functioning of the civil
Congress and the Supreme Court. Under said provision, the courts and of Congress. Military courts have no
duration of martial law shall not exceed sixty days but Jurisdiction over civilians where civil courts are
Congress has the power to revoke the proclamation or able to function. (Cruz, 1995)
extend the period. On the other hand, the Supreme Court
has the power to review the said proclamation and
promulgate its decision thereon within thirty days from its G. EXECUTIVE CLEMENCY
filing. (Sec. 18, Art. VII, 1987 Constitution) (2017, 2015, 2008, 2005, 1999, 1997 BAR)
Q: Declaring a rebellion, hostile groups have opened

and maintained armed conflicts on the Islands of Sulu
PARDONING POWER
and Basilan. (2000 BAR)
Q: What is the pardoning power of the President under

(a) To quell this, can the President place under
Art. VIII, Sec. 19 of the Constitution?
martial law the islands of Sulu and Basilan?
Give your reasons?
Is the exercise of the power absolute? (2017 BAR)
A: If public safety requires it, the President can place Sulu

A: The pardoning power, as embodied in Sec. 19 of Art VII, is
and Basilan under martial law since there is an actual
as follows: “Except in cases of impeachment, or as otherwise
rebellion. Under Sec. 18, Art. VII of the 1987 Constitution, the
provided in this Constitution, the President may grant
President can place any part of the Philippines under
reprieves, commutations, and pardons, and remit fines and
martial law in case of rebellion, when public safety requires
forfeitures, after conviction by final judgment.
it. (UPLC Suggested Answers)
He shall also have the power to grant amnesty with the

concurrence of a majority of all the Members of the
Congress.”

Political Law
The exercise of the pardoning power is not absolute. The 6. Pardon looks forward and relieves the offender
following are the limitations on the pardoning power of the from the consequences of his offense, while
President: amnesty looks backward and the person granted it
stands before the law as though he had committed
1. it can be granted only after conviction by Final no offense. (Barrioquinto v. Fernandez, G.R. No. L-
judgment, except in cases of amnesty; 1278, 21 Jan. 1949)
2. it cannot be granted in cases of civil or legislative
contempt; ALTERNATIVE ANSWER:
3. it cannot absolve convict of civil liability;
4. it cannot be granted in cases of impeachment; Pardon can be given only after final convictions; amnesty
5. it cannot be granted for violations of election laws can be given at any time and even before the filing of a
without favorable recommendations of the criminal case. Pardon looks forward; amnesty looks
COMELEC; and backward, as if the accused never committed & crime.
6. it cannot restore public offices forfeited. Pardon is given to individuals. Amnesty is given to a class of
persons. Pardon is given for all criminal offenses. Amnesty
ALTERNATIVE ANSWER: is given for political offenses. Pardon does not require the
concurrence of Congress. Amnesty requires the
Except in cases of impeachment, or as otherwise provided concurrence of Congress. Pardon must be proven, because
in this Constitution, the President may grant reprieves, it is a private act; amnesty need not be proven, because it is
commutations and pardons, and remit fines and forfeitures, a public act. (Barriequinto v. Ferrandez, G.R. No. L-1278, 21
after conviction by final judgment. He shall also have the Jan. 1949)
power to grant amnesty with the concurrence of a majority
of all the Members of the Congress. (Sec. 19, Art. VII, of the Q: What are the constitutional limitations on the
1987 Constitution) pardoning power of the President? (2015, 1999 BAR)
No pardon, amnesty, parole, or suspension of sentence for
violation of election laws, rules and regulations shall be A: The following are the limitations on the pardoning power
granted by the President without the favorable of the President:
recommendation of the Commission. (Sec.5, Art. IX-C, 1987
Constitution) 1. It cannot be granted in cases of impeachment;
2. Reprieves, commutations, pardon, and remission
The only instances in which the President may not extend of fines and forfeitures can be granted only after
pardon remain to be in: conviction by final judgment;
1. impeachment cases; 3. Amnesty requires the concurrence of the majority
2. cases that have not yet resulted in a final of all members of Congress;
conviction; and 4. The favorable recommendation of the COMELEC is
3. cases involving violations of election laws, rules required for violation of election laws, rules and
and regulations in which there was no favorable regulations; and
recommendation coming from the COMELEC. 5. The President cannot pardon members and
4. employees of the Judiciary found guilty by the
Any act of Congress by way of statute can not operate to Supreme Court in administrative cases.
delimit the pardoning power of the President. (Risos-Vidal
v. COMELEC, G.R. No. 206666, 21 Jan. 2015) Q: The president cannot grant pardon in cases of
impeachment. He may, however, exercise such power
Q: Distinguish between pardon and amnesty. (2017, when? (2012 BAR)
1999 BAR)
A: A person convicted in an impeachment proceeding is
A: The following are the distinctions between pardon and subject to prosecution, trial and punishment in an ordinary
amnesty: criminal action. (Sec. 19, Art. VII, 1987 Constitution)
1. Pardon is a private act and must be pleaded and Q: ST, a Regional Trial Court judge who falsified his
proved by the person pardoned; while amnesty is a Certificate of Service, was found liable by the Supreme
public act of which courts take judicial notice; Court for serious misconduct and inefficiency and
2. Pardon does not require the concurrence of meted the penalty of suspension form office for 6
Congress, while amnesty requires the concurrence months. Subsequently, ST filed a petition for executive
of Congress; clemency with the Office of the President. The Executive
3. Pardon is granted to individuals, while amnesty is Secretary, acting on said petition issued a resolution
granted to classes of persons or communities; granting ST executive clemency. Is the grant of
4. Pardon may be granted for any offense, while executive clemency valid? Why or why not? (2008 BAR)
amnesty is granted for political offenses;
5. Pardon is granted after final conviction, while A: NO. The grant of executive clemency is not valid. First, in
amnesty may be granted at any time; and this case, the power of executive clemency cannot be

2022 GOLDEN NOTES
QuAMTO (1987-2021)
delegated for it was not signed by the President himself but A: The argument of A is not valid. As held in Torres v.
by the Executive Secretary and second, the power of Gonzales (G.R. No. 76872, 23 July 1987) a judicial
executive clemency cannot extend to administrative cases pronouncement that a convict who was granted a pardon
in the Judiciary, because it will violate the principle of subject to the condition that he should not again violate any
separation of powers and impair the power of the Supreme penal law is not necessary before he can be declared to have
Court under Section 6, Article VIII of the Constitution of violated the condition of his pardon. Moreover, a hearing is
administrative supervision over all courts (Petition for not necessary before A can be recommitted to prison. By
Judicial Clemency of Romillo, G.R. No. 97091, 09 Dec. 1997) accepting the conditional pardon, A, agreed that the
determination by the President that he violated the
Q: Bruno still had several years to serve on his sentence condition of his pardon shall be conclusive upon him and an
when he was conditionally pardoned by the President. order for his arrest should at once issue. (UPLC Suggested
Among the conditions imposed was that he would "not Answers)
again violate any of the penal laws of the Philippines."
Bruno accepted all of the conditions and was released. Q: Governor A was charged administratively with
Shortly thereafter, Bruno was charged with 2 counts of oppression and was placed under preventive
estafa. He was then incarcerated to serve the expired suspension from office during the pendency of his case.
portion of his sentence following the revocation by the Found guilty of the charge, the President suspended
President of the pardon. him from office for ninety days. Later, the President
granted him clemency by reducing the period of his
Bruno's family filed a petition for habeas corpus, suspension to the period he has already served. The
alleging that it was error to have him recommitted as Vice Governor questioned the validity of the exercise of
the charges were false, in fact, half of them were already executive clemency on the ground that it could be
dismissed. Resolve the petition with reasons. (2005 granted only in criminal, not administrative, cases. How
BAR) should the question be resolved? (1997 BAR)
A: The petition should not be given due course. The grant of A: The argument of the Vice Governor should be rejected.
pardon and the determination of the terms and conditions As held in Llamas v. Orbos, (G.R. No. 99031, 15 Oct. 1991) the
of a conditional pardon are PURELY EXECUTIVE ACTS power of executive clemency extends to administrative
which are not subject to judicial scrutiny. The acceptance cases. In granting the power of executive clemency upon the
thereof by the convict or prisoner carried with it the President, Sec. 19, Art. VII of the Constitution does not
authority or power of the Executive to determine whether a distinguish between criminal and administrative cases. Sec.
condition or conditions of the pardon has or have been 19, Art. VII of the Constitution excludes impeachment cases,
violated. Where the President opts to revoke the which are not criminal cases, from the scope of the power
conditional pardon given, no judicial pronouncement of of executive clemency. If this power may be exercised only
guilt of a subsequent crime is necessary, much less in criminal cases, it would have been unnecessary to
conviction therefor by final judgment of a court, in order exclude impeachment cases from this scope. If the President
that a convict may be recommended for the violation of his can grant pardons in criminal cases, with more reason he
conditional pardon. The determination of the occurrence of can grant executive clemency in administrative cases, which
a breach of a condition of a pardon, and the proper are less serious. (UPLC Suggested Answers)
consequences of such breach, is a purely executive act, not
subject to judicial scrutiny. (Torres v. Gonzales, G.R. No. 1. FORMS AND LIMITATIONS
76872, 21 July 1987)
Q: The first paragraph of Section 19 of Article VII of the

Q: A while serving imprisonment for estafa upon
Constitution providing for the pardoning power of the
recommendation of the Board of Pardons and Parole,
President, mentions reprieve, commutation, and
was granted pardon by the President on condition that
pardon. Please define the three of them and
he should not again violate any penal law of the land.
differentiate one from the others. (1988 BAR)
Later, the Board of Pardons and Parole recommended
to the President the cancellation of the pardon granted
A: The terms were defined and distinguished from one
him because A had been charged with estafa on 20
another as follows:
counts and was convicted of the offense charged
although he took an appeal therefrom which was still
REPRIEVE is a postponement of the execution of a sentence
pending. As recommended, the President canceled the
to a day certain.
pardon he had granted to A. A was thus arrested and
imprisoned to serve the balance of his sentence in the
COMMUTATION is a remission of a part of the punishment,
first case. A claimed in his petition for habeas corpus
a substitution of less penalty for the one originally imposed.
filed in court that his detention was illegal because he
had not yet been convicted by final judgment and was
PARDON, on the other hand, is an act of grace, proceeding
not given a chance to be heard before he was
from the power entrusted with the execution of the laws
recommitted to prison. Is A's argument valid? (1997
which exempts the individual on whom it is bestowed from
BAR)

Political Law
the punishment the law inflicts for a crime he has Q: The Philippine Government is negotiating a new
committed. (People v. Vera, G.R. No. L-45685, 16 Nov. 1937) security treaty with the United States which could
involve engagement in joint military operations of the
two countries' armed forces. A loose organization of
H. DIPLOMATIC POWER Filipinos, the Kabataan at Matatandang Makabansa
(2019, 2012, 2009, 1999, 1996 BAR) (KMM) wrote the Department of Foreign Affairs (DFA)
and the Department of National Defense (DND)
demanding disclosure of the details of the negotiations,
as well as copies of the minutes of the meetings. The
Q: Under the 1987 Constitution, to whom does each
DFA and the DND refused, contending that premature
duty / power / privilege / prohibition/ disqualification
disclosure of the offers and counter-offers between the
apply: (2019 BAR)
parties could jeopardize on-going negotiations with
another country. KMM filed suit to compel disclosure of
The power to ratify treaties and international
the negotiation details, and be granted access to the
agreements.
records of the meetings, invoking the constitutional
right of the people to information on matters of public
A: The President. (Bayan v. Zamora, G.R. No. 138570, 10 Oct.
concern. (2009 BAR)
2000)
(a) Decide with reasons.

ALTERNATIVE ANSWER:
A: The petition of KMM must be denied. Diplomatic

The Senate. (Sec. 21. Art. VII, 1987 Constitution, based on
negotiations are privileged in order to encourage a frank
jurisprudence, Saguisag v. Ochoa, G.R. No. 212426, 12 Jan.
exchange of exploratory ideas between the parties by
2016; Pimentel, Jr. v Executive Secretary, G.R. No. 158088, 06
shielding the negotiations from the public view. (Akbayan
July 2005)
Citizens Action Party v. Aquino , G.R. No. 170516 26 July 2008)
Q: The president may contract or guarantee foreign

(b) Will your answer be the same if the information
loans on behalf of the Republic of the Philippines only
sought by KMM pertains to contracts entered
upon prior concurrence of the? (2012 BAR)
into by the Government in its proprietary or
commercial capacity? Why or why not?
A: Monetary Board. (Sec. 20, Art. VII, 1987 Constitution)
A: KMM is entitled to have access to information pertaining

Q: What are the restrictions prescribed by the
to government contracts entered into by the Government in
Constitution on the power of the President to contract
the exercise of its proprietary or commercial capacity, the
or guarantee foreign loans on behalf of the Republic of
right to information under the Constitution does not
the Philippines? Explain. (1999 BAR)
exclude contracts of public interest and are not privileged.
(Sec. 7, Art. III, 1987 Constitution; Valmonte v. Belmonte, G.R.
A: Under Sec. 20, Art. VII of the Constitution, the power of the
No. 74930, 13 Feb. 1989)
President to contract or guarantee loans on behalf of the
Republic of the Philippines is subject to the prior
concurrence of the Monetary Board and subject to such
limitations as may be prescribed by law. (UPLC Suggested I. POWERS RELATIVE TO APPROPRIATION MEASURES
Answers) (2009 BAR)
Q: Can the House of Representatives take active part in

the conduct of foreign relations, particularly in Q: Distinguish between “pocket veto” and “item veto.”
entering into treaties and international agreements? (2009 BAR)
Explain. (1996 BAR)
A: A pocket veto is when the President is considered to have
A: NO, the House of Representatives cannot take active part rejected a bill submitted to him for his approval when
in the conduct of foreign relations, particularly in entering Congress adjourns during the period given to the President
into treaties and international agreements. The President to approve or reject a bill.
alone is the representative of the nation in the conduct of
foreign affairs. (United States v. Curtiss-Wright Export On the other hand, an item veto or partial veto, is the
Corporation, 299 U.S. 304, 21 Dec. 1936) Although the Senate power of a President to nullify or cancel specific provisions
has the power to concur in treaties, the President alone of a bill, usually a budget appropriations bill, without
negotiates treaties and Congress is powerless to intrude vetoing the entire legislative package. (UPLC Suggested
into this. However, if the matter involves a treaty or an Answers)
executive agreement, the House of Representatives may
pass a resolution expressing its views on the matter. Q: What are the limitations/restrictions provided by
the Constitution on the power of Congress to authorize
the President to fix tariff rates, import and export

2022 GOLDEN NOTES
QuAMTO (1987-2021)
quotas, tonnage and wharfage dues. Explain. (1999

BAR) V. JUDICIAL DEPARTMENT
A: Congress may, by law, authorize the President to fix

within specified limits, and subject to such limitations and
restrictions it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues and other duties or A. JUDICIAL POWER
imposts within the framework of the national development (2012, 2008, 2004, 1994 BAR)
program of the Government. (Sec. 28(2), Art. VI, 1987
Constitution)
Q: Mr. Yellow and Mr. Orange were the leading
candidates in the vice-presidential elections. After
J. RULES OF SUCCESSION elections, Yellow emerged as the winner by a slim
margin of 100,000 votes. Undaunted, Orange filed a
protest with the Presidential Electoral Tribunal (PET).
After due consideration of the facts and the issues, the
PET ruled that Orange was the real winner of the
elections and ordered his immediate proclamation.
(2012 BAR)
(a) Aggrieved, Yellow filed with the Supreme Court

a Petition for Certiorari challenging the
decision of the PET alleging grave abuse of
discretion. Does the Supreme Court have
jurisdiction? Explain.
A: The Supreme Court has no jurisdiction over the petition.

The PET is not simply an agency to which the Members of
the Senate Court were assigned. It is not separate from the
Supreme Court. (Macalintal v. PET, G.R. No. 191618, 23 Nov.
2010)
(b) Would the answer in a. be the same if Yellow

and Orange were contending for a senatorial
slot and it was the Senate Electoral Tribunal
(SET) who issued the challenged ruling?
A: The Supreme Court would have jurisdiction if it were the

SET that issued the challenged ruling. The Supreme Court
can review its decision if it acted with grave abuse of
discretion. (Lerias v. House of Representatives Electoral
Tribunal (HRET), G.R. No. 97105, 15 Oct. 1991)
(c) What is the composition of the PET?
A: The PET is composed of the Chief Justice and the

Associate Justices of the Supreme Court en banc. (Sec. 4, Art.
VII, 1987 Constitution)
(d) What is judicial power? Explain Briefly.
A: Judicial power - Section 1(1) Art. VIII, 1987 Constitution is

the authority to settle justifiable controversies or dispute
involving rights that are enforceable and demandable
before the courts of justice or the redress of wrongs for
violation of such rights. (Lopez v. Roxas, G.R. No. L-25716, 28
Jul. 1966) It includes the duty of the courts to settle actual
controversies involving rights that are legally demandable
and enforceable and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess

Political Law
of jurisdiction on the part of any branch or instrumentality A: The effect of the second paragraph of Section 1, Art. VIII of
of the government. (Sec. 1, Art. VIII, 1987 Constitution) the 1987 Constitution is to limit resort to the political
question doctrine and to broaden the scope of judicial
Q: The President alone without the concurrence of the inquiry into areas which the Judiciary, under the previous
Senate abrogated a treaty. Assume that the other Constitutions, would have left to the political departments to
country-party to the treaty is agreeable to the decide. If a political question is involved, the Judiciary can
abrogation provided it complies with the Philippine determine whether or not the official whose action is being
Constitution. questioned acted with grave abuse of discretion amounting
to lack or excess of jurisdiction. (Marcos v. Manglapus, G.R.
If a case involving the validity of the treaty abrogation No. 88211, 15 Sept. 1989; Daza v. Singson, G.R. No. 86344. 21
is brought to the Supreme Court, how should it be Dec. 1989) Thus, although the HRET has exclusive
resolved? (2008 BAR) jurisdiction to decide election contests involving members of
the House of Representatives, the Supreme Court nullified
A: The Supreme Court should dismiss the case. The the removal of one of its members for voting in favor of the
jurisdiction of the Supreme Court over a treaty is only for protestant, who belonged to a different party. (Bondoc v.
questions of its constitutionality or validity. In other words, Pineda, G.R. No. 97710, 26 Sept. 1991)
the question should involve the constitutionality of a treaty
or its validity with a statute. (Gonzales v. Hechanova, G.R. No. Q: What is the difference, if any, between the scope of
L-21897 22 Oct. 1963) It does not pertain to the termination judicial power under the 1987 Constitution on one
of a treaty. hand, and the 1935 and the 1973 Constitutions on the
other? (1994 BAR)
The authority of the Senate over treaties is limited to
concurrence. (Sec. 21, Art. VIII, 1987 Constitution) There A: The scope of judicial power under the 1987 Constitution
being no express constitutional provision regulating the is broader than its scope under the 1935 and 1973
termination of treaties, it is presumed that the power of the Constitution because of the second paragraph of Sec. 1, Art.
President over treaty agreements and foreign relations VIII of the 1987 Constitution, which states that it includes the
includes the authority to “abrogate” treaties. The duty to determine whether or not there has been a grave
termination of the treaty by the President without the abuse of discretion amounting to lack or excess of
concurrence of the Senate is not subject to constitutional jurisdiction on the part of any branch or instrumentality of
attack, there being no Senate authority to that effect. the Government. As held in Marcos v. Manglapus (G.R. No.
88211, 15 Sept. 1989) this provision limits resort to the
The Philippines is a party to the Vienna Convention on the political question doctrine and broaden the scope of
Law of Treaties. Hence, the said Convention this becoming juridical inquiry into areas that the courts under the 1935
part of Philippine Law governs the activities of the and the 1973 Constitutions would normally have left to the
President in terminating the treaty. Art. 54 of this political departments to decide.
Convention provides that a treaty may be terminated “At
any time by consent of all the parties”. The treaty in ALTERNATIVE ANSWER:
question is a bilateral treaty in which the other state is
agreeable to its termination. Art. 67 of the Convention adds Under the 1935 and the 1973 Constitutions, there was no
the formal requirement that the termination must be in an provision defining the scope of judicial power as vested in
instrument communicated to the other party signed by the the judiciary. While these Constitutions, both provided for
Head of State or of Government or by the Minister of the vesture of judicial power “in one Supreme Court and in
Foreign Affairs. (UPLC Suggested Answers) such inferior courts as may be established by law,” they
were silent as to the scope of such power.
Q: The 1935, 1973 and 1987 Constitutions commonly
provide that “Judicial power shall be vested in one The 1987 Constitution on the other hand, re- wrote the
Supreme Court and in such lower courts as may be provisions on the vesture of judicial powers originally
established by law.” appearing in the 1935 and 1973 Constitutions, as follows:
What is the effect of the addition in the 1987 The judicial power shall be vested in one Supreme Court
Constitution of the following provision: “Judicial power and in such lower courts as may be established by law.
includes the courts of justice to settle actual
controversies involving rights which are legally Judicial power includes the duty of the courts of justice to
demandable and enforceable, and to determine whether settle actual controversies involving rights which are legally
or not there has been grave abuse of discretion demandable and enforceable, and to determine whether or
amounting to lack or excess of jurisdiction on the part of not there has been a grave abuse of discretion amounting to
any branch or instrumentality of the government”? lack or excess of jurisdiction on the part of any branch or
Discuss briefly, citing at least one illustrative case. (2004 instrumentality of the Government. (Sec. 1, Art. VIII, 1987
BAR) Constitution)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
The second paragraph of the cited provision was not found not compel the Senate to reinstate a Senator who assaulted
in the 1935 and 1973 Constitutions. It contains a new another senator and was suspended for disorderly
definition of judicial power, particularly the scope thereof. behavior, because it could not compel a separate and
The first portion represents the traditional concept of coequal department to take any particular action. In
judicial power, involving the settlement of conflicting rights Osmeña v. Pendatun (G.R. No. L-17144, 28 Oct. 1960), it was
by law, which presumably was implicit in the 1935 and 1973 held that the Supreme Court could not interfere with the
Constitutions. The second (latter) portion of the definition suspension of a Congressman for disorderly behavior,
represents a broadening of the scope of the judicial power because the House of Representatives is the judge of what
or, in the language of the Supreme Court, conferment of constitutes disorderly behavior. The assault of a fellow
“expanded jurisdiction” on the judiciary (Daza v. Singson, Senator constitutes disorderly behavior.
G.R. No. 86344 21 Dec. 1989) to enable the courts to review
the exercise of discretion by the political departments of Q: Andres Ang was born of a Chinese father and a
government. This new prerogative of the judiciary as now Filipino mother in Sorsogon, Sorsogon on 20 Jan. 1973.
recognized under the 1987 Constitution was not In 1988, his father was naturalized as a Filipino citizen.
constitutionally permissible under the 1935 and 1973 On 11 May 1998, Andres Ang was elected
Charters. Representative of the First District of Sorsogon. Juan
Bonto who received the second highest number of
votes, filed a petition for Quo Warranto against Ang.
B. JUDICIAL REVIEW The petition was filed with the House of
(2015, 2004, 1998 BAR) Representative Electoral Tribunal (HRET). Bonto
contends that Ang is not a natural born citizen of the
Philippines and therefore is disqualified to be a
member of the House.
Q: What is the concept of expanded judicial review
under the 1987 Constitution? (2015 BAR)
The HRET ruled in favor of Ang. Bonto filed a petition
for certiorari in the Supreme Court. The following
A: The 1987 Constitution has narrowed the reach of the
issues are raised: Whether the case is justiciable
political doctrine when it expanded the power of judicial
considering that Sec. 17, Art. VI of the Constitution
review of the court not only to settle actual controversies
declares the HRET to be the “sole Judge” of all contests
involving rights which are legally demandable and
relating to the election returns and disqualifications of
enforceable but also to determine whether or not there has
members of the House of Representatives.
been grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality
How should this case be decided? (1998 BAR)
of the government. (Sec. 1 (2), Art. VIII, 1987 Constitution)
The new provision vests in the judiciary, and particularly,
A: The case is justiciable. As stated in Lazatin v. HRET (G.R.
the Supreme Court, the power to review even the political
No. 84297, 08 Dec. 1988) since judicial power includes the
decisions of the executive and the legislature and declare
duty to determine whether or not there has been a grave
their acts invalid for lack or excess of jurisdiction because
abuse of discretion amounting to lack or excess of
tainted with grave abuse of discretion. (Cruz, 2014)
jurisdiction on the part of any branch or instrumentality of
the Government, the Supreme Court has the power to
Q: SDO was elected Congressman. Before the end of his
review the decisions of the HRET in case of grave abuse of
first year in office, he inflicted physical injuries on a
discretion on its part.
colleague, ETI. In the course of a heated debate, charges
were filed in court against him and in the House Ethics
Committee. Later, the House of Representatives, 1. REQUISITES
dividing along party lines, voted to expel him. Claiming (2014, 1994 BAR)
that his expulsion was railroaded and tainted by
bribery, he filed a petition seeking a declaration by the Q: In keeping with the modern age of instant and
Supreme Court that the House gravely abused its incessant information and transformation, Congress
discretion and violated the Constitution. He prayed that passed Cybercrime Prevention Act to regulate access
his expulsion be annulled and that he should be and use of the amenities of the cyberspace. While
restored by the Speaker to his position as Congressman. ostensibly the law is intended to protect the interests
of society, some if its provisions were also seen as
Is SDO’s petition before the Supreme Court justiciable? impermissibly invading and impairing widely
(2004 BAR) cherished liberties of the people particularly the
freedom of expression. Before the law could even be
A: While under Sec. 1, Art. VIII of the 1987 Constitution the implemented, petitions were filed in the Supreme
Supreme Court may inquire whether or not the decision to Court questioning said provisions by people who felt
expel SDO is tainted with grave abuse of discretion threatened, for themselves, as well as for the benefit of
amounting to lack or excess of jurisdiction, the petition others who may be similarly affected but not minded
should be dismissed. In Alejandrino v. Quezon (G.R. No. enough to challenge the law. The Solicitor General
22041, 11 Sept. 1924), the Supreme Court held that it could countered that there is no basis for the exercise of the

Political Law
power of judicial review since there has yet been no branch or instrumentality of the Government. In Marcos v.
violation of the law, and that the petitioners have no Manglapus (G.R. No. 88211, 15 Sept. 1989), the Supreme
locus standi since they do not claim to be in imminent Court stated that because of this courts of justice may
danger of being prosecuted under the law. decide political questions if there was grave abuse of
discretion amounting to lack or excess of jurisdiction on the
Can the Court proceed to decide the case even if the law part of the official whose action is being questioned.
has not yet become effective? (2014 BAR)
Q: Judicial power as defined in Sec. 1 (2), Art. VIII, 1987
A: The Supreme Court can proceed to decide the case even Constitution, now “included the duty of the Courts of
if the law has not yet become effective. Since the petitions Justice to settle actual controversies involving rights
filed sought to nullify the Cybercrime Prevention Act, which are legally demandable and enforceable, and to
because it violated several provisions of the Bill of Rights, determine whether or not there has been a grave abuse
the Supreme Court became duty-bound to settle the of discretion amounting to lack or excess of jurisdiction
dispute. (Tañada v. Angara, G.R. No. 118295, 02 May 1997) on the part of any branch or instrumentality of the
Since it is alleged that the Cybercrime Prevention Act Government. This definition is said to have expanded
violates various provisions of the Bill of Rights, including the power of the judiciary to include political questions
freedom of speech, freedom of the press, and the right formerly beyond its jurisdiction. (1995 BAR)
against unreasonable searches and seizures, the issues
raised are of paramount public interest, of transcendental (a) Do you agree with such as interpretation of the
importance and with far-reaching constitutional constitutional definition of judicial power that
implications, that justify dispensation with locus standi and would authorize the courts to review and, if
exercise of the power of judicial review by the Supreme warranted, reverse the exercise of discretion
Court. (Chavez v. Gonzales, G.R. No. 168338, 15 Feb. 2008) by the political departments (executive and
Jurisprudence provides that locus standi is not required legislative) of the government including the
when the action was filed to prevent a chilling effect on the Constitutional Commissions? Discuss fully.
exercise of the right to freedom of expression and
overbreadth. A: YES, Sec. 1 (2), Art. VIII of the 1987 Constitution has
expanded the power of the Judiciary to include political
Q: Assume that the constitutional question raised in a questions. This was not found in the 1935 and the 1973
petition before the Supreme Court is the lis mota of the Constitution. Precisely, the framers of the 1987 Constitution
case, give at least two other requirements before the intended to widen the scope of judicial review.
Court will exercise its power of judicial review? (1994
BAR) ALTERNATIVE ANSWER:
A: In addition to the requirement that the constitutional YES. Sec. 1, Art. VIII of the 1987 Constitution authorizes
question raised be the lis mota of the case, the following courts of justice not only "to settle actual case controversies
requisites must be present for the exercise of the power of involving rights which are legally demandable and
judicial review: enforceable" but also "to determine whether there has been
grave abuse of discretion amounting to lack or excess of
There must be an actual case or controversy involving a jurisdiction on the part of any branch or instrumentality of
conflict of legal rights susceptible of judicial determination; the Government."
The constitutional question must be raised by the proper In determining whether grave abuse of discretion
party; and amounting to excess or lack of jurisdiction has been
committed by any branch or instrumentality of the
The constitutional question must be raised at the earliest government, the Court is guided primarily, by the
opportunity. (Macasiano v. National Housing Authority, G.R. Constitution, and secondarily, by existing domestic and
No. 107921, 01 July 1993) international law, which set limits or conditions to the
powers and functions conferred upon these political bodies.
2. POLITICAL QUESTION DOCTRINE Thus, when a case is brought before the Court with serious
(1997, 1995 BAR) allegations that a law or executive issuance infringes upon
the Constitution, as in these consolidated cases, it becomes
not only the right but in fact the duty of the Court to settle
Q: To what extent, if at all, has the 1987 Constitution
the dispute. In doing so, the Court is "not judging the
affected the “political question doctrine”? (1997 BAR)
wisdom of an act of a coequal department but is merely
ensuring that the Constitution is upheld." (Council of
A: Sec. 1, Art. VIII of the Constitution has expanded the scope
Teachers and Staff of Colleges and Universities of the
of judicial power by including the duty of the courts of
Philippines v. Sec. of Education, G.R. No. 216930, 09 Oct. 2018)
justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any

2022 GOLDEN NOTES
QuAMTO (1987-2021)
(b) In your opinion, how should such definition be ALTERNATIVE ANSWER:

construed so as not to erode considerably or
disregard entirely the existing “political The doctrine of operative fact recognizes the existence of
question” doctrine? Discuss fully. the law or executive act prior to the determination of its
unconstitutionality as an operative fact that produced
A: As pointed out in Marcos v. Manglapus (G.R. No. 88211, 15 consequences that cannot always be erased, ignored or
Sept. 1989) so as not to disregard entirely the political disregarded. In short, it nullifies the void law or executive
question doctrine, the extent of judicial review when act but sustains its effects. It provides an exception to the
political questions are involved should be limited to a general rule that a void or unconstitutional law produces
determination of whether or not there has been a grave no effect. (Araullo v. Aquino, G.R. No. 209287, 01 July 2014)
abuse of discretion amounting to lack or excess of
jurisdiction on the part of the official whose act is being
questioned. If grave abuse of discretion is not shown, the C. JUDICIAL INDEPENDENCE AND
courts should not substitute their questioned for that of the FISCAL AUTONOMY
official; concerned and decide a matter which by its nature (2017, 2000 BAR)
or by law is for the latter alone to decide.
3. MOOT QUESTIONS Q: Name at least three constitutional safeguards to

maintain judicial independence. (2000 BAR)
4. OPERATIVE FACT DOCTRINE
(2014, 2009 BAR) A: The following are the constitutional safeguards to
maintain judicial independence:
1. The Supreme Court is a constitutional body and
Q: In Serrano v. Gallant Maritime Services, Inc., the
cannot be abolished by mere legislation;
Supreme Court declared as violative of the Equal
2. The members of the Supreme Court cannot be
Protection Clause Sec. 10 (5), R.A. No. 8042 (Migrant
removed except by Impeachment;
Workers and Overseas Filipinos Act of 1995) for
3. The Supreme Court cannot be deprived of its
discriminating against illegally dismissed OFWs who
minimum Jurisdiction prescribed in Section 5, Art.
still had more than a year to their contract compared to
X of the 1987 Constitution;
those who only had less than a year remaining. The next
4. It cannot be increased by law without its advice
year, Congress enacted R.A. No 10222, an amendment to
and concurrence;
the Migrant Workers and Overseas Filipinos Act, which
5. Appointees to the Judiciary are nominated by the
practically reinstated the provision struck down in
Judicial and Bar Council and are not subject to
Serrano. Seamacho, an overseas seafarer who still had
confirmation by the Commission on
two years remaining on his contract when he was
Appointments;
illegally terminated, and who would only be entitled to
6. The Supreme Court has administrative
a maximum of six-month’s pay under the reinstated
supervision over all lower courts and their
provision, engages you as his counsel.
personnel;
7. The Supreme Court has exclusive power to
How are you to argue that the new law is invalid insofar
discipline judges of lower courts;
as it brings back to the statute books a provision that
8. The Members of the Judiciary have security of
has already been struck down by the Court? (2014 BAR)
tenure, which cannot be undermined by a law
reorganizing the Judiciary;
A: I will argue that since Sec. 10 of R.A. No. 8042 has already
9. Members of the Judiciary cannot be designated to
been declared unconstitutional by the Supreme Court, its
any agency performing quasi-judicial or
nullity cannot be cured by reincorporation or reenactment
administrative functions;
of the same or a similar law or provision. Once a law has
10. The salaries of Members of the Judiciary cannot be
been declared unconstitutional, it remains
decreased during their continuance in office;
unconstitutional unless circumstances have changed as to
11. The Judiciary has fiscal autonomy;
warrant a reverse conclusion. (Sameer Overseas Placement
12. The Supreme Court has exclusive power to
Agency v. Cabiles, G.R. No. 170139, 05 Aug. 2014)
promulgate rules of pleading, practice and
procedure;
Q: Define/explain: Doctrine of operative facts (2009
13. Only the Supreme Court can temporarily assign
BAR)
judges to other stations; and
14. It is the Supreme Court who appoints all officials
A: The doctrine of operative facts means that before a law
and employees of the Judiciary. (Cruz, 1995)
was declared unconstitutional, its actual existence must be
taken into account and whatever was done while the law
was in operation should be recognized as valid. (Rieta v.
People, G.R No.147817, 12 Aug. 2004)

Political Law
Q: According to Sec. 3, Art. VIII of the Constitution, the 2. JUDICIAL AND BAR COUNCIL
Judiciary shall enjoy fiscal autonomy. What does the (COMPOSITION AND POWERS)
term fiscal autonomy signify? Explain your answer (1999, 1998 BAR)
(2017 BAR)
Q: What is the composition of the Judicial and Bar

A: The power of appropriation is limited by Sec. 3, Art. VIII,
Council and the term of office of its regular members?
1987 Constitution or the Judiciary’s enjoyment of fiscal
(1988, 1999 BAR)
autonomy, which is intended to strengthen the
independence of the judiciary. (Cruz, 2014) Fiscal autonomy
A: The Judicial and Bar Council is composed of the
means freedom from outside control. It contemplates a
following:
guarantee on full flexibility to allocate and utilize their
a) The Chief Justice as ex officio chairman;
resources with the wisdom and dispatch that their needs
b) The Secretary of Justice as ex officio member;
require. It recognizes the power and authority to levy,
c) A representative of Congress as ex officio member;
assess and collect fees, fix rates of compensation not
d) A representative of the Integrated Bar;
exceeding the highest rates authorized by law for
e) A professor of law;
compensation and pay plans of the government and allocate
f) A retired Justice of the Supreme Court; and
and disburse such sums as may be provided by law or
g) A representative of the private sector. (Sec. 8(1),
prescribed by them in the course of the discharge of their
Art. VIII, 1987 Constitution)
functions. (Bengzon v. Drilon, G.R. No. 103524, 15 April 1992)
The term of office of the regular members is 4 years. (Sec.

ALTERNATIVE ANSWER:
8(2), Art. VIII, 1987 Constitution)
The fiscal autonomy of the Judiciary means that the

appropriation for the Judiciary may not be reduced by
Congress below the amount appropriated for the previous E. THE SUPREME COURT
year, and after approval, shall be automatically and (COMPOSITION, POWERS, AND FUNCTIONS)
regularly released. (Sec. 3, Art. VIII, 1987 Constitution) (2014, 1999 BAR)
Fiscal autonomy authorizes the Supreme Court to levy,

assess and collect fees, and to determine how its funds Q: Enumerate the cases required by the Constitution to
should be utilized. (Bengzon v. Drilon, G.R. No. 103524, 15 be heard en banc by the Supreme Court? (1999 BAR)
Apr. 1992)
A: The following are the cases required by the Constitution
to be heard en banc by the Supreme Court:
D. APPOINTMENTS TO THE JUDICIARY 1. Cases involving the constitutionality of a treaty,
international or executive agreement, or law;
2. Cases which under the Rules of Court are required
to be heard en banc;
1. QUALIFICATIONS 3. Cases involving the constitutionality, application,
or operation of presidential decrees,
Q: State whether or not the following acts are proclamations, orders, instructions, ordinances,
constitutional: A law prescribing as qualifications for and other regulations;
appointment to any court lower than the Supreme 4. Cases heard by a division when the required
Court, Philippine citizenship, whether natural-born or majority is not obtained;
naturalized, 35 years of age on the date of 5. Cases where a doctrine or principle of law
appointment, and at least eight years as a member of previously laid down will be modified or reversed;
the Philippine Bar. (2018 BAR) 6. Administrative cases against judges when the
penalty is dismissal; and
A: The law prescribing as a qualification for appointment to 7. Election contests for president or vice-president.
any lower court mere Philippine citizenship, whether (Firestone Ceramics, Inc. v. CA, G.R. No. 127022, 28
natural-born or naturalized, would be unconstitutional June 2000)
with respect to appointments to collegiate courts (CA, CTA,
Sandiganbayan) because all appointees to these courts ALTERNATIVE ANSWER:
must be natural-born citizens. (Sec. 7, Art. VIII, 1987
Constitution) Under Supreme Court Circular No. 2-89, dated 07 Feb. 1989,
as amended by the Resolution of 18. Nov. 18, 1993, the
following are considered en banc cases:
1. Cases in which the constitutionality or validity of
any treaty, international or executive agreement,
law, executive order, or presidential decree,

2022 GOLDEN NOTES
QuAMTO (1987-2021)
proclamation, order, instruction, ordinance, or A: The decision cannot be deemed to have been
regulation is in question; promulgated simply because of the announcement of the
2. Criminal cases in which the appealed decision voting in a press release, because the decision has not yet
imposes the death penalty; been issued and filled with the Clerk of Court. Until the
3. Cases raising novel questions of law; decision is filed with the Clerk of Court, the Justices still
4. Cases affecting ambassadors, other public have control over the decision and they can still change
ministers and consuls; their votes. (Limkaichong v. COMELEC, G.R. Nos. 178831-32,
5. Cases involving decisions, resolutions or orders of 30 July 2009)
the Civil Service Commission (CSC), Commission on
Elections (COMELEC), and Commission on Audit (b) If the decision was not yet finalized at the time
(COA); when the justice died, could it still be
6. Cases where the penalty to be imposed is the promulgated?
dismissal of a judge, officer or employee of the
judiciary, disbarment of a lawyer, or either the A: The decision can no longer be promulgated if the Justice
suspension of any of them for a period of more than who belonged to the majority died, for lack of majority vote.
one (1) year or a fine exceeding P10,000.00 or The vote he cast is no longer valid, as he was no longer an
both; incumbent member of the Supreme Court. (Lao v. To-Chip,
7. Cases where a doctrine or principle laid down by G.R. No. 76597, 26 Feb. 1988)
the court en banc or in division may be modified or
reversed; ALTERNATIVE ANSWER:
8. Cases assigned to a division which in the opinion of
at least three (3) members thereof merit the The decision can be promulgated even if the Supreme Court
attention of the court en banc and are acceptable to en banc is equally divided, if after the case was again
a majority of the actual membership of the court en deliberated upon, no majority decision was reached. If the
banc; and case is an original action, it should be dismissed. If it is an
9. All other cases as the court en banc by a majority of appealed case, the decision appealed from should be
its actual membership may deem of sufficient affirmed if it is a civil case. If it is a criminal case, the accused
importance to merit its attention. (Firestone should be acquitted. (Sec. 7, Rule 56 of the Rules of Court; Sec.
Ceramics, Inc. v. CA, G.R. No. 127022, 28 June 2000) 3, Rule 125, Revised Rules on Criminal Procedure)
Q: The Court had adopted the practice of announcing its (c) If the decision was still being finalized, should
decision in important, controversial or interesting the Court release to the public the majority
cases the moment the votes had been taken among the decision and the separate opinions as originally
justices, even as the final printed decision and separate announced, together with their deliberations
opinions are not yet available to the public. In a greatly on the issues?
anticipated decision in a case of wide-ranging
ramifications, the voting was close – 8 for the majority, A: The Supreme Court should not release to the public the
while 7 were for the other side. After the Court had thus majority opinion and the separate opinions, as well as its
voted, it issued a press release announcing the result, deliberations. They are part of its confidential internal
with the advice that the printed copy of the decision, deliberations. (Limkaichong v. COMELEC, G.R. No. 178831-
together with the separate opinions, were to be issued 32, 30 July 2009)
subsequently. The following day, however, one of the
members of the Court died. The Court then announced PROCEDURAL RULE-MAKING
that it would deliberate anew on the case since (2020-21, 2018, 2016, 2015,
apparently the one who died belonged to the majority. 2014, 2013, 2009, 2008 BAR)
Citizens for Transparency, a group of civic- spirited
professionals and ordinary citizens dedicated to Q: Differentiate the rule-making power or the power of
transparency and accountability in the government, the Supreme Court to promulgate rules under Sec. 5,
questioned the act of the Court. The petitioners claimed Art. VIII of the 1987 Constitution and judicial legislation.
the decision had already been validly adopted and (2015 BAR)
promulgated. Therefore, it could no longer be recalled
by the Court. At the same time, the group also asked the A: The rule-making power of the Supreme Court is the
Court to disclose to the public the original decision and power of the Court to promulgate rules concerning the
the separate opinions of the magistrates, together with protection and enforcement of constitutional rights,
what they had deliberated on just before they came up pleading, practice, and procedure in all courts, the
with the press release about the 8-7 decision. (2014 admission to the practice of law, the integrated bar, and
BAR) legal assistance to the under-privileged.
(a) Was the announced 8-7 decision already validly On the other hand, judicial legislation is a breach of the
promulgated and thus not subject to recall? doctrine of separation of powers. Verily, the primordial
duty of the Court is merely to apply the law in such a way

Political Law
that it shall not usurp legislative powers by judicial A: YES. The bill actually seeks to alter fixed and self-
legislation and that in the course of such application or executing provisions of the Constitution which may not be
construction, it should not make or supervise legislation, or changed or altered except by amendment of the
under the guise of interpretation, modify, revise, amend, Constitution.
distort, remodel, or rewrite the law, or give the law a
construction which is repugnant to its terms. The Court Any change that adds to, reduces, or deletes any of such
should apply the law in a manner that would give effect to provisions of the Constitution can be done only through
their letter and spirit, especially when the law is clear as to amendment or revision of the same, and not through simple
its intent and purpose. Succinctly put, the Court should shy legislation. (Art. XVII, 1987 Constitution; Lambino v.
away from encroaching upon the primary function of a co- COMELEC, G.R. No. 174153, 25 Oct. 2006)
equal branch of the Government; otherwise, this would lead
to an inexcusable breach of the doctrine of separation of This would be true with respect to the proposals in the bill
powers by means of judicial legislation. to increase the number of Supreme Court Justices which,
under the Constitution, is fixed at fifteen (Sec. 4(1), Art. VIII,
Q: A provincial ordinance was passed setting a 1987 Constitution), and to remove from the Supreme Court
province-wide curfew for all minors. This was En Banc the power to hear and decide cases involving
challenged through a suit filed before the Regional Trial alleged violation of the Constitution, which is expressly
Court having territorial jurisdiction over the province. assigned to it under the Constitution. (Sec. (4), Art. VIII, 1987
The provincial legal officer sought the case’s dismissal Constitution)
on the lone ground that the Supreme Court has sole and
exclusive jurisdiction to determine the Q: Ascertain the constitutionality of the following acts:
constitutionality of a treaty, law, or ordinance. Should A law prohibiting any court, other than the Supreme
the provincial legal officer’s prayer for dismissal be Court, from issuing a writ of injunction against an
granted? Explain briefly. (2020-21 BAR) investigation being conducted by the Ombudsman.
(2018 BAR)
A: NO. it should not be granted. Jurisdiction to determine
the constitutionality of treaties, laws and ordinances is not A: The law is unconstitutional. The power to issue
exclusive to the Supreme Court. Regional Trial Courts have injunctive writs is part of judicial power. The rules
as well jurisdiction to pass upon the constitutionality of governing the exercise of this power are within the powers
those measures. (Planters Products, Inc. v. Fertiphil of the Supreme Court to promulgate. The law therefore is an
Corporation, G.R. No. 166006, 14 Mar. 2008) encroachment of the Court's rule-making power. (Carpio-
Morales v. CA, GR 217126- 27, 10 Nov. 2015)
This can be gleaned from and is acknowledged in the late
provision in the Constitution which assigns appellate Q: Under Sec. 6 of Art. V (on Criminal Jurisdiction) of the
jurisdiction to the Supreme Court over decisions of lower Visiting Forces Agreement (VFA), the custody of a
courts, including Regional Trial Courts, on, among others, United States (US) personnel who becomes subject to
all cases in which the constitutionality of those measures is criminal prosecution before a Philippine court shall be
in question. (Sec. 5, Art. VIII, 1987 Constitution) with the US military authorities, if the latter so
requests. The custody shall begin from the commission
Accordingly, the provincial legal officer’s prayer in the of the offense until the completion of all judicial
subject motion to dismiss should be denied. proceedings. However, when requested, the US military
authorities shall make the US personnel available to
Q: Both the House of Representatives and the Senate Philippine authorities for any investigative or judicial
passed a bill which: (a) increases the number of proceeding relating to the offense with which the
Supreme Court Justices from 15 to 20; (b) assigns the person has been charged. In the event that the
five most senior Justices, including the Chief Justice, Philippine judicial proceedings are not completed
exclusively to Special Division that will tackle only within one year, the US shall be relieved of any
constitutional cases; and (c) removes from the Supreme obligation under Sec. 6.
Court En Banc the power to hear and decide cases
involving alleged violations of the Constitution. The constitutionality of Sec. 6, Art. V of the VFA is
challenged on two grounds: (1) it nullifies the exclusive
The Chief Presidential Legal Counsel advises the power of the Supreme Court to adopt rules of procedure
President to veto the bill, arguing that the law is for all courts in the Philippines;
unconstitutional because its contents should be the
subject of constitutional amendment rather than of Rule on the challenge. (2018 BAR)
legislation.
A: The challenge is without merit. The rule in international
Is the Chief Presidential Legal Counsel argument law is that foreign armed forces allowed to enter one’s
constitutionally sound? Explain briefly. (2020-21 BAR) territory are immune from local jurisdiction, except to the
extent agreed upon. As a result, the situation involved is not
one in which the power of the Supreme Court to adopt rules

2022 GOLDEN NOTES
QuAMTO (1987-2021)
of procedure is curtailed or violated, rather, it is one in government which may be tainted with grave abuse of
which, as is normally encountered around the world, the discretion amounting to lack or excess of jurisdiction. (UPLC
laws (including rules of procedure) of one State do not Suggested Answers)
extend or apply, except to the extent agreed upon, to
subjects of another State due to the recognition of Q: Under Sec. 5, Art. VIII of the 1987 Constitution, the
extraterritorial immunity given to such bodies as visiting Supreme Court shall have the power to “promulgate
foreign armed forces. rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure
Nothing in the Constitution prohibits such agreements in all courts” Sec. 23 of R.A. No. 9165 or the
recognizing immunity from jurisdiction or some aspects of Comprehensive Dangerous Drugs Act of 2002 provides
jurisdiction (such as custody), in relation to long- that “any person charged under any provision of this
recognized subjects of such immunity, like Heads of State, Act regardless of the imposable penalty shall not be
diplomats and members of the armed forces contingents of allowed to avail of the provision on plea-bargaining.”
a foreign State allowed to enter another State’s territory. Patricio, a user who was charged with alleged sale of
The Constitution, on the contrary, states that the shabu but who wants to enter into a plea of guilty to a
Philippines adopts the generally accepted principles of charge of possession, questions the constitutionality of
international law as part of the law of the land. (Sec. 2, Art. Sec. 23 on the ground that Congress encroached on the
II, 1987 Constitution) rule-making power of the Supreme Court under Sec. 5,
Art. VIII. He argues that plea- bargaining is procedural
Q: Sec. 9 of P.D. 1606, as amended, provides that the in nature and is within the exclusive constitutional
Sandiganbayan may adopt internal rules governing all power of the Court. Is Patricio correct? Explain your
allotment of cases among its divisions, the rotation of answer. (2016 BAR)
justices among them, and other matters relating to the
internal operations of the court. A: Patricio is correct. It is unconstitutional for being
contrary to the rule-making authority of the Supreme Court
Sec. 6, Art. IX-A of the Constitution allows each of the under Sec. 5(5), Art. VIII of the 1987 Constitution. The power
Constitutional Commissions “en banc [to] promulgate to promulgate rules of pleading, practice and procedure is
its own rules concerning pleadings and practice before now in exclusive domain of the Judiciary and no longer
it or before any of its offices. Such rules however shall shared with the Executive and Legislative departments.
not diminish, increase, or modify substantive rights.” Plea bargaining is essentially a rule of procedure. It is
Sec. 16(3) of Art. VI of the Constitution states that “Each towards the provision of a simplified and inexpensive
House may determine the rules of its proceedings.” Sec. procedure for the speedy disposition of cases in all courts
21, Art. VI of the Constitution further provides that that the rules on plea bargaining was introduced. As a way
“[T]he Senate or the House of Representatives or any of of disposing criminal charges by agreement of the parties,
its respective committees may conduct inquiries… in plea bargaining is considered to be an "important,"
accordance with its duly published rules of procedure.” "essential," "highly desirable," and "legitimate" component
of the administration of justice. (Estipona, Jr. v. Abrigo, G.R.
Finally, Sec. 3(8), Art. XI of the Constitution declares that No. 226679, 15 Aug. 2017)
“[T]he Congress shall promulgate its rules on
impeachment to effectively carry out the purpose of Q: Congress enacted R.A. No. 14344 creating the City of
this section. Masuwerte which took effect on 25 Sept. 2014. Sec. 23
of the law specifically exempts the City of Masuwerte
Are the rules promulgated pursuant to these provisions from the payment of legal fees in the cases that it would
subject to review and disapproval by the Supreme file and/or prosecute in the courts of law. In two (2)
Court? (2018 BAR) cases that it filed, the City of Masuwerte was assessed
legal fees by the clerk of court pursuant to Rule 141
A: Sec. 5 (5) of Art. VIII of the Constitution clearly provides (Legal Fees) of the Rules of Court. The City of Masuwerte
that the “Rules of procedure of special courts and quasi- questions the assessment claiming that it is exempt
judicial bodies shall remain effective unless disapproved by from paying legal fees under Sec. 23 of its charter.
the Supreme Court;” accordingly, the Supreme Court may
review and reverse the rules of procedure of the Is the claim of exemption tenable? Explain (2015 BAR)
Sandiganbayan and the Constitutional Commissions.
A: The exemption from payment of legal fees is not valid.
With respect to the rules of procedure of Congress in its The rules promulgated by the Supreme Court for the
proceedings, legislative inquiries and on impeachment, payment of legal fees were in the exercise of its rule-making
while these rules may be generally considered as political power and cannot be modified by a law granting an
questions, when questioned before the courts in a proper exemption from payment. (In Re Exemption from Payment
case, they would nevertheless be subject to the power of of Court and Sheriff’s Fees of Duly Registered Cooperatives,
judicial review under the second paragraph of Sec. 1, Art. A.M. No. 12-2-03-0, 03 Mar. 2012)
VIII of the Constitution, which authorizes it to review and
annul all acts of any branch or instrumentality of the

Political Law
Q: Congress enacted a law exempting certain A: The statutory authority granted to the administrative
government institutions providing social services from Board to promulgate rules and regulations cannot encroach
the payment of court fees. Atty. Kristopher Timoteo upon the exclusive authority of the Supreme Court to
challenged the constitutionality of the said law on the regulate the admission to the practice of law. (Sec.5(5), Art.
ground that only the Supreme Court has the power to VIII of the Constitution)
fix and exempt said entities from the payment of court
fees. Thus, The Administrative Board cannot prescribe
additional standards for admission to the practice of law,
Congress, on the other hand, argues that the law is adopt a course study which is inconsistent with the
constitutional as it has the power to enact said law for requirements to take the bar examinations. (Philippine
it was through legislative fiat that the Judiciary Lawyer’s Association v. Agrava, G.R. No. L-12426, 16 Feb.
Development Fund (JDF) and the Special Allowance for 1959) Since Congress has no power to repeal, alter or
Judges and Justices (SAJJ), the funding of which are supplement the Rules of Court, it cannot delegate such
sourced from the fees collected by the courts, were power to the Administrative Board.
created. Thus, Congress further argues that if it can
enact a law utilizing court fees to fund the JDF and SAJJ, Q: TRUE or FALSE. A law fixing the passing grade in the
a fortiori it can enact a law exempting the payment of Bar examinations at 70%, with no grade lower than
court fees. 40% in any subject, is constitutional. (2009 BAR)
Discuss the constitutionality of the said law, taking into A: FALSE. Such a law entails amendment of the Rules of
account the arguments of both parties (2014 BAR) Court promulgated by the Supreme Court. The present
Constitution has taken away the power of Congress to alter
A: The law is unconstitutional. The Constitution has taken the Rules of Court. (Echegaray v. Secretary of Justice, G.R. No.
away the power of Congress to repeal, alter or supplement 132601, 19 Jan. 1999) The law will violate the principle of
the Rules of Court. The fiscal autonomy guaranteed the separation of powers.
Judiciary by Sec. 3, Art. VIII of the 1987 Constitution
recognized the authority of the Supreme Court to levy, Q: Congress enacted a law providing for trial by jury for
assess and collect fees. Congress cannot amend the rules those charged with crimes or offenses punishable by
promulgated by the Supreme Court for the payment of legal reclusion perpetua or life imprisonment. The law
fees by granting exemptions. (In re: Petition for Recognition provides for the qualifications of members of the jury,
of Exemption of the Government Service Insurance System the guidelines for the bar and bench for their selection,
from Payment of Legal Fees, A.M. No. 08-2-01-0, 11 Feb. 2010) the manner a trial by jury shall operate, and the
procedures to be followed. Is the law constitutional?
Q: Congress passed a law, R.A. No. 15005, creating an (2008, 2013 BAR)
administrative Board principally tasked with the
supervision and regulation of legal education. The A: The law providing for trial by jury is unconstitutional,
Board was attached to the Department of Education. It because of the omission in Sec. 5(5), Art. VIII, 1987
was empowered, among others, to prescribe minimum Constitution and Sec. 5(5), Art. X, 1973 Constitution, which
standards for law admission and minimum authorizes the Legislature to repeal, alter or supplement the
qualifications of faculty members, the basic curricula rules of procedure promulgated by the Supreme Court.
for the course of study aligned to the requirements for Congress can no longer enact a law governing rules of
admission to the Bar, law practice and social procedure for the courts. (Echegaray v. Secretary of Justice,
consciousness, as well as to establish a law practice G.R. No. 132601, 19 Jan. 1999)
internship as a requirement for taking the Bar which a
law student shall undergo anytime during the law
course, and to adopt a system of continuing legal
education. Professor Boombastick, a long- time law
practitioner and lecturer in several prestigious law
schools, assails the constitutionality of the law arguing
that it encroached on the prerogatives of the Supreme
Court to promulgate rules relative to admission to the
practice of law, the Integrated Bar, and legal assistance
to the underprivileged. If you were Professor
Boombastick’s understudy, how may you help him
develop clear, concise and cogent arguments in support
of his position based on the present Constitution and
the decisions of the Supreme Court on judicial
independence and fiscal autonomy? (2014 BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
ALTERNATIVE ANSWER:
VI. CONSTITUTIONAL COMMISSIONS
NO, his position is not terminable at will. Ricardo’s contract
of employment has a fixed term of five years. It is not an
appointment in an acting capacity or as officer-in-charge. A
college dean appointed with a term cannot be separated
A. COMMON PROVISIONS without cause. Ricardo, with a definite term of employment,
may not thus be removed except for a cause. (Sta. Maria v.
Lopez, G.R. No. L-30773, 18 Feb. 1970)
B. POWERS, FUNCTIONS, AND JURISDICTION (b) Was Ricardo removed from his position as
(2019, 2005, 1999 BAR) Dean of the College of Education or merely
transferred to the position of Special Assistant
to the President? Explain.
Q: Under the 1987 Constitution, to whom does each
A: Ricardo was removed from his position as dean. Having
duty / power / privilege / prohibition/ disqualification
an appointment with a fixed term, he cannot, without his
apply: (2019 BAR)
consent, be transferred before the end of his term. He
cannot be asked to give up his post nor appointed as dean
(a) The authority to keep the general accounts of
of another college, much less transferred to another
the Government and for such period provided
position even if it be dignified with a dean’s rank. More
by law, preserve the vouchers and other
than this, the transfer was a demotion because deanship
supporting documents pertaining thereto.
in a university, being an academic position, which
requires learning, ability and scholarship, is more exalted
A: The COA. (Sec. 2(1), Art. IX-D, 1987 Constitution)
than that of a special assistant who merely assists the
President, as the title indicates. The special assistant does
(b) The authority to provide for the
not make authoritative decisions unlike the dean who
standardization of compensation of
does so in his own name and responsibility. The position
government officials and employees.
of dean is created by law, while the special assistant is not
so provided by law; it was a creation of the university
A: The CSC. (Sec. 5, Art. IX-B, 1987 Constitution)
president. (Sta. Maria v. Lopez, G.R. No. L-30773, 18 Feb.
1970)
Q: What is the meaning and guarantee of security of
tenure? (1999 BAR)
CIVIL SERVICE COMMISSION
A: According to Palmera v. CSC (G.R. No. 110168, 04 Aug. (2003, 1999 BAR)
1994), Security of Tenure means that no officer or employee
in the Civil Service shall be suspended or dismissed except Q: A corporation, a holder of a certificate of registration
for cause as provided by law and after due process. issued by the Securities and Exchange Commission, is
owned and controlled by the Republic of the
Q: Ricardo was elected Dean of the College of Education Philippines.
in a State University for a term of five years unless
sooner terminated. Many were not pleased with his The CSC, in a memorandum-order, directs the
performance. To appease those critical of him, the corporation to comply with the Civil Service Rules in
President created a new position that of Special the appointment of all its officers and employees. The
Assistant to the President with the rank of Dean, memorandum-order of the CSC is assailed by the
without reduction in salary, and appointed Ricardo to corporation, as well as by its officers and employees,
said position in the interest of the service. before the court. How should the case be resolved?
Contemporaneously, the University President (2003 BAR)
appointed Santos as Acting Dean in place of Ricardo.
(2005 BAR) A: The memorandum-order of the CSC should be declared
void. Under Sec. 2 (1), Art. IX-B of the 1987 Constitution
(a) Does the phrase “unless sooner terminated” government-owned or controlled corporations organized
mean that the position of Ricardo is terminable under the Corporation Code are not covered by the Civil
at will? Service Law but by the Labor Code, because only
government-owned or controlled corporations with
A: NO, the term “unless sooner terminated” could not mean original charters are covered by the Civil Service.
that his position is terminable at will. Security of tenure (Gamogamo v. PNOC Shipping and Transit Corporation, G.R.
means that dismissal should only be for a cause, provided No. 141707, 07 May 2002)
by law and after due process. (Palmera v. CSC, G.R. No.
110168, 04 Aug. 1994) Q: Luzviminda Marfel, joined by eleven other
retrenched employees, filed a complaint with the

Political Law
Department of Labor and Employment (DOLE) for Organizations v. Exec. Sec., G.R. Nos. 147036-37 & 147811, 10
unpaid retrenchment or separation pay, Apr. 2012)
underpayment of wages and non-payment of
emergency cost of living allowance. The complaint was Q: Towards the end of the year, the COA sought the
filed against Food Terminal, Inc. remainder of its appropriation from the Department of
Budget and Management (DBM). However, the DBM
Food Terminal Inc. moved to dismiss on the ground of refused because the COA had not yet submitted a
lack of jurisdiction, theorizing that it is a government- report on the expenditures relative to the earlier
owned and controlled corporation and its employees amount released to it. And, pursuant to the “no report,
are governed by the Civil Service Law and not by the no release” policy of the DBM, COA is not entitled to any
Labor Code. Marfel opposed the motion to dismiss, further releases in the meantime. COA counters that
contending that although Food Terminal, Inc. is a such a policy contravenes the guaranty of fiscal
corporation owned and controlled by the government autonomy granted by the Constitution.
earlier created and organized under the general
corporation law as “The Greater Manila Food Terminal, Is COA entitled to receive the rest of its appropriations
Inc.”, it has still the marks of a private corporation: it even without complying with the DBM policy? (2014
directly hires its employees without seeking approval BAR)
from the CSC and its personnel are covered by the Social
Security System and not the Government Service A: YES. COA is entitled to the rest of its appropriations even
Insurance System. without complying with the DBM policy. That the no report,
no release policy may not be validly enforced against
The question posed in the petition for certiorari at bar offices vested with fiscal autonomy is not disputed. Indeed,
whether or not a labor law claim against a government- such policy cannot be enforced against offices possessing
owned or controlled corporation like the Food fiscal autonomy without violating Sec. 5, Art. IX (A), of the
Terminal, Inc. falls within the jurisdiction of the 1987 Constitution which provides: that the Commission
Department of Labor and Employment or the CSC? shall enjoy fiscal autonomy. Their approved appropriations
Decide and ratiocinate. (1999 BAR) shall be automatically and regularly released. (CSC v. DBM,
G.R. No. 158791, 22 July 2005)
A: The claim of the retrenched employees falls under the
jurisdiction of the National Labor Relations Commission Q: The Philippine National Bank (PNB) was then one of
(NLRC) and not under the jurisdiction of the CSC. As held in the leading government-owned banks and it was under
Lumanta v. NLRC (G.R. No. 82819, 08 Feb. 1989), since Food the audit jurisdiction of the COA. A few years ago, it was
Terminal, Inc., was organized under the Corporation Law privatized. What is the effect, if any, of the privatization
and was not created by a special law in accordance with Sec. of PNB on the audit Jurisdiction of the COA? (2001 BAR)
2(1), Art. IX-B of the 1987 Constitution, it is not covered by
the civil service. A: In accordance with the ruling in Philippine Airlines v. COA
(G.R. No. 91890, 09 June 1995), since the PNB is no longer
COMMISSION ON AUDIT owned by the Government, the COA no longer has
(2017, 2014, 2001, 1998 BAR) jurisdiction to audit it as an institution. Under Sec. 2(2), Art.
IX-D of the 1987 Constitution, it is government-owned or
Q: The Congress establishes by law Philippine Funds, controlled corporations and their subsidiaries which are
Inc., a private corporation, to receive foreign donations subject to audit by the COA. However, in accordance with
coming from abroad during national and local Sec. 2(1), Art. IX-D of the 1987 Constitution, the COA can
calamities and disasters, and to enable the audit the PNB with respect to its accounts because the
unhampered and speedy disbursements of the Government still has equity in it.
Directors. Thereby, delays in the release of the donated Q: The Department of National Defense entered into a
funds occasioned by the stringent rules of contract with Raintree Corporation for the supply of
procurement would be avoided. Also, the releases ponchos to the Armed Forces of the Philippines (AFP),
would not come under the jurisdiction of the COA. stipulating that, in the event of breach, action may be
filed in the proper courts in Manila. Suppose the AFP
Can the Congress pass the law that would exempt the fails to pay for delivered ponchos, where must Raintree
foreign grants from the jurisdiction of the COA? Explain Corporation file its claim? Why? (1998 BAR)
A: Raintree Corporation must file its claim with the COA,
A: Congress cannot exempt the foreign grants from the Under Sec. 2(1) IX-D of the Constitution, the COA has the
jurisdiction of the COA. Its jurisdiction extends to all authority to settle all accounts pertaining to expenditure of
government-owned or controlled corporations, including public funds.
those funded by donations through the Government. (Sec.
3, Art IX-D, 1987 Philippine Constitution; Petitioner- Raintree Corporation cannot file a case in court. The
Republic of the Philippines did not waive its immunity from

2022 GOLDEN NOTES
QuAMTO (1987-2021)
suit when it entered into the contract with Raintree both positions; hence, he cannot be accused of
Corporation for the supply of ponchos for the use of the receiving double compensation. Is the argument of the
Armed Forces of the Philippines. The contract involves the professor valid? Explain. (2015 BAR)
defense of the Philippines and therefore relates to a
sovereign function. A: Although Professor Masipag is correct in saying that he
cannot be accused of receiving double compensation as he
In United States v. Ruiz (G.R. No. L-35645, 22 May 1985), the would not actually be receiving additional or double
Supreme Court held: "The restrictive application of State compensation, it is submitted that he may nevertheless not
immunity is proper only when the proceedings arise out of be allowed to accept the position of Executive Assistant of
commercial transactions of the foreign sovereign. Stated the CA during his incumbency as a regular employee of the
differently, a State may be said to have descended to the University of the Philippines, as the former would be an
level of an individual and can thus be deemed to have tacitly incompatible office not allowed to be concurrently held by
given its consent to be sued only when it enters into him under the provisions of Sec. 7(2), Art. IX-B, of the 1987
business contracts. It does not apply where the contract Constitution, which specifies that unless otherwise allowed
relates to the exercise of its sovereign functions. In this case by law or by the primary functions of his position, no
the projects are an integral part of the naval base which is appointive official shall hold any other office in the
devoted to the defense of both the United States and the Government.
Philippines, indisputably a function of the government of
the highest order; they are not utilized for nor dedicated to Q: The President appoints Emilio Melchor as
commercial or business purposes." Chairperson of the CSC. Upon confirmation of Melchor's
appointment, the President issues an executive order
The provision for venue in the contract does not constitute including him as Ex-Officio member of the Board of
a waiver of the State Immunity from suit, because the Trustees of the Government Service Insurance System
express waiver of this immunity can only be made by a (GSIS), Employees Compensation Commission (ECC),
statute. and the Board of Directors of the Philippine Health
Insurance Corporation (PHILHEALTH). Allegedly, this
In Republic v. Purisima (G.R. No. L-36084, 31 Aug. 1977), the is based on the Administrative Code of 1997 (E.O. No.
Supreme Court ruled: "Apparently respondent Judge was 292), particularly Section 14, Chapter 3, Title I-A, Book
misled by the terms of the contract between the private V. This provision reads: "The chairman of the CSC shall
respondent, plaintiff in his sala and defendant Rice and be a member of the Board of Directors of other
Corn Administration which, according to him, anticipated governing bodies of government entities whose
the case of a breach of contract between the parties and the functions affect the career development, employment,
suits that may thereafter arise. The consent, to be effective status, rights, privileges, and welfare of government
though, must come from the State acting through a duly officials and employees... " A taxpayer questions the
enacted statute as pointed out by Justice Bengzon in Mobil." designation of Melchor as ex- officio member of the said
corporations before the Supreme Court based on two
ALTERNATIVE ANSWER: (2) grounds, to wit: (1) it violates the constitutional
prohibition on members of the Constitutional
In accordance with the doctrine of exhaustion of Commissions to hold any other office or employment
administrative remedies, Raintree Corporation should first during his tenure; and (2) it impairs the independence
file a claim with the COA. If the claim is denied, it should file of the CSC. Will the petition prosper? Explain (2015
a petition for certiorari with the Supreme Court. BAR)
A: The petition will prosper. It is a clear violation of the

C. COMPOSITION AND QUALIFICATIONS OF MEMBERS special prohibition in Sec. 2 of Art. IX-A of the 1987
Constitution, which strictly provides that he shall not hold
any other office or employment during his tenure. The
aforesaid provision does not make any distinction among
the offices he may not hold, or as to whether or not the
D. PROHIBITED OFFICES AND INTERESTS functions attached to said offices would be primarily
(2015, 1998 BAR) related to his duties as Chairperson of the CSC and
therefore may be held in an ex officio capacity.
Q: Professor Masipag who holds a plantilla or regular Additionally, the offices mentioned are vested by their
item in the University of the Philippines (UP) is charters with various powers and functions to carry out the
appointed as an Executive Assistant in the CA. The purposes for which they were created. These powers and
professor is considered only on leave of absence in UP functions, whether personnel-related or not, are carried
while he reports for work at the CA which shall pay him out and exercised by the respective Boards of the GSIS,
the salary of the Executive Assistant. The appointment PHILHEALTH, ECC, and HDMF. Thus, when the CSC
to the CA position was questioned, but Professor Chairman sits as a member of the governing board of the
Masipag countered that he will not collect the salary for said offices, he may exercise these powers and functions,

Political Law
which are not anymore derived from his position as CSC

Chairman. VII. BILL OF RIGHTS
Corollary, the designation as member of the governing

Boards of the said offices entitles him to receive per diem,
HIERARCHY OF RIGHTS
a form of additional compensation that is disallowed by the
(2012 BAR)
concept of ex officio position by virtue of its clear
contravention of the proscription set by Sec. 2, Art. IX-A of
Q: What do you understand by the term "hierarchy of
the 1987 Constitution. It is unconstitutional, for it goes
civil liberties"? Explain. (2012 BAR)
against the principle behind an ex officio position.
A: The hierarchy of civil liberties means that freedom of

Apart from violating the prohibition against holding
expression and the rights of peaceful assembly are superior
multiple offices, the designation of the CSC Chairman as
to property rights. (Philippine Blooming Mills v. Philippine
member of the governing boards of GSIS, PHILHEALTH,
Blooming Mills, G.R. No. L-31195, 05 June 1973)
ECC, and HDMF impairs the independence of the CSC.
Under Sec. 17, Art. VII, 1987 Constitution, the President
exercises control over all government offices in the
Executive Branch. An office that is legally not under the A. DUE PROCESS
control of the President is not part of the Executive Branch. (2008, 2007, 2006, 2003, 2002, 2001, 1999 BAR)
(Funa v. CSC Chairman, G.R. No. 191672, 25 Nov. 2014)
Q: State the rule making it incompatible for members of 1. PROCEDURAL AND SUBSTANTIVE
Congress to hold offices or employment in the
government. (1998 BAR) Q: Give examples of acts of the state which infringe the
due process clause: (1999 BAR)
A: Sec. 13, Art. VII of the Constitution, which prohibits
Members of Congress from holding another office during (a) in its substantive aspect and
their term without forfeiting their seat, does not distinguish
between government corporations with original charters A: Substantive due process requires that the law itself, not
and their subsidiaries, because the prohibition applies to merely the procedures by which the law would be enforced,
both. (UPLC Suggested Answers) is fair, reasonable, and just. It is violated when it is
unreasonable or unduly oppressive. For example, P.D. 1717,
which cancelled all the mortgages and liens of a debtor, was
E. JUDICIAL REVIEW OF FINAL ORDERS, RESOLUTIONS, considered unconstitutional for being oppressive. Likewise,
AND DECISIONS OF CONSTITUTIONAL COMMISSIONS as stated in Ermita-Malate Hotel and Motel Operators
Association, Inc. v. City Mayor of Manila (G.R. No. L-24693, 31
July 1967) a law which is vague so that men of common
intelligence must guess at its meaning and differ as to its
application violates substantive due process.
(b) in its procedural aspect?
A: Procedural due process refers to the method or manner

by which the law is enforced. In State Prosecutors v. Muro,
(A.M. No. RTJ-92-876, 19 Sept. 1994), it was held that the
dismissal of a case without the benefit of a hearing and
without any notice to the prosecution violated due process.
Likewise, as held in People v. CA (G.R. No. 118882, 26 Sept.
1996), the lack of impartiality of the judge who will decide a
case violates procedural due process.
Q: The Philippine National Police (PNP) issued a

circular to all its members directed at the style and
length of male police officers' hair, sideburns and
moustaches, as well as the size of their waistlines. It
prohibits beards, goatees and waistlines over 38
inches, except for medical reason. Some police officers
questioned the validity of the circular, claiming that it
violated their right to liberty under the Constitution.
Resolve the controversy. (2008 BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: The circular is valid. The circular is based on a desire to regulated fields, it may be revoked any time. It does not
make police officers easily recognizable to the members of confer an absolute right, but only a personal privilege,
the public or to inculcate spirit de corps which such subject to restrictions. A licensee takes his license subject to
similarity is felt to inculcate within the police force. Either such conditions as the Legislature sees fit to impose, and
one is a sufficient rational justification for the circular. may be revoked at its pleasure without depriving the
(Kelley v. Johnson 425 US 238, 05 Apr. 1976) licensee of any property. (Chavez v. Romulo, G.R. No. 157036,
09 June 2004)
Q: The City Mayor issues an Executive Order declaring
that the city promotes responsible parenthood and Q: The municipal council of the municipality of Guagua,
upholds natural family planning. He prohibits all Pampanga, passed an ordinance penalizing any person
hospitals operated by the city from prescribing the use or entity engaged in the business of selling tickets to
of artificial methods of contraception, including movies or other public exhibitions, games or
condoms, pills, intrauterine devices and surgical performances which would charge children between 7
sterilization. As a result, poor women in his city lost and 12 years of age the full price of admission tickets
their access to affordable family planning programs. instead of only one-half of the amount thereof. Would
Private clinics however, continue to render family you hold the ordinance a valid exercise of legislative
planning counsel and devices to paying clients. (2007 power by the municipality? Why? (2003 BAR)
BAR)
A: The ordinance is void. As held in Balacuit v. CFI of Agusan
(a) Is the Executive Order in any way del Norte, (G.R. No. L-38429, 30 June 1988) the ordinance is
constitutionally infirm? Explain. unreasonable. It deprives the sellers of the tickets of their
property without due process. A ticket is a property right
A: The Executive Order is constitutionally infirm. It violates and may be sold for such price as the owner of it can obtain.
the guarantee of due process and equal protection. Due There is nothing pernicious in charging children the same
process includes the right to decisional privacy, which price as adults.
refers to the ability to make one’s own decisions and to act
on those decisions, free from governmental or other Q: Ten public school teachers of Caloocan City left their
unwanted interference. Forbidding the use of artificial classrooms to join a strike, which lasted for one month,
methods of contraception infringes on the freedom of to ask for teachers' benefits. The Department of
choice in matters of marriage and family life (Griswold v. Education, Culture and Sports (DECS) charged them
Connecticut, 07 June 1965). Moreover, the Executive Order administratively, for which reason they were required
violates equal protection as it discriminates against poor to A and formally investigated by a committee
women in the city who cannot afford to pay private clinics. composed of the Division Superintendent of Schools as
Chairman, the Division Supervisor as member and a
(b) Is the Philippines in breach of any obligation teacher, as another member. On the basis of the
under international law? Explain. evidence adduced at the formal investigation which
amply established their guilt, the Director rendered a
A: The acts of the City Mayor may be attributed to the decision meting out to them the penalty of removal
Philippines under the principle of state responsibility. from office. The decision was affirmed by the DECS
Article 26 of the International Covenant on Civil and Political Secretary and the CSC. On appeal, they reiterated the
rights requires that Philippine law shall prohibit any arguments they raised before the administrative
discrimination and shall guarantee to all persons equal and bodies, namely: They were deprived of due process of
effective protection against discrimination on any ground law as the Investigating Committee was improperly
such as social origin, birth or other status. The Executive constituted because it did not include a teacher in
Order of the City Mayor discriminates against poor women. representation of the teachers' organization as
required by the Magna Carta for Public School
(c) May the Commission on Human Rights (CHR) Teachers (R.A. No. 4670, Sec. 9). (2002 BAR)
order the Mayor to stop the implementation of
the Executive Order? Explain. A: The teachers were deprived of due process of law. Under
Sec. 9 of the Magna Carta for Public School Teachers, one of
A: The CHR cannot order the City Mayor to stop the the members of the committee must be a teacher who is a
implementation of his Executive Order, because it has no representative of the local, or in its absence, any existing
power to issue writs of injunction. (Export Processing Zone provincial or national organization of teachers. According
Authority v. CHR, G.R. No. 101476, 14 Apr. 1992) to Fabella v. CA, (G.R. No. 110379, 28 Nov. 1997) to be
considered the authorized representative of such
Q: Does a Permit to Carry Firearm Outside Residence organization, the teacher must be chosen by the
(PTCFOR) constitute a property right protected by the organization itself and not by the Secretary of Education,
Constitution? (2006 BAR) Culture and Sports. Since in administrative proceedings,
due process requires that the tribunal be vested with
A: NO, it is not a property right under the due process clause jurisdiction and be so constituted as to afford a person
of the Constitution. Just like ordinary licenses in other charged administratively a reasonable guarantee of

Political Law
impartiality, if the teacher who is a member of the The case against Gatdula was then forwarded to him,
committee was not appointed in accordance with the law, and a re- investigation was conducted. The office of the
any proceeding before it is tainted with deprivation of Fiscal subsequently recommended dismissal. On 11
procedural due process. Jan. 1966, the City Mayor returned the records of the
case to the City Fiscal for the submission of an
Q: The Philippine Ports Authority (PPA) General appropriate resolution but no resolution was
Manager issued an administrative order to the effect submitted. On 03 Mar. 1968, the City Fiscal transmitted
that all existing regular appointments to harbor pilot the records to the City Mayor recommending that final
positions shall remain valid only up to 31 Dec. of the action thereon be made by the City Board of
current year and that henceforth all appointments to Investigators (CBI).
harbor pilot positions shall be only for a term of one
year from date of effectivity, subject to yearly renewal Although the CBI did not conduct an investigation, the
or cancellation by the PPA after conduct of a rigid records show that both the Municipal Board and the
evaluation of performance. Pilotage as a profession Fiscal's Office exhaustively heard the case with both
may be practiced only by duly licensed individuals, parties afforded ample opportunity to adduce their
who have to pass five government professional evidence and argue their cause. The Police
examinations. Commission found Gatdula guilty on the basis of the
records forwarded by the CBI.
The Harbor Pilot Association challenged the validity of
said administrative order arguing that it violated the Gatdula challenged the adverse decision of the Police
harbor pilots' right to exercise their profession and Commission theorizing that he was deprived of due
their right to due process of law and that the said process. Questions: Is the Police Commission bound by
administrative order was issued without prior notice the findings of the City Fiscal? Is Gatdula's protestation
and hearing. The PPA countered that the of lack or non-observance of due process well-
administrative order was valid as it was issued in the grounded? Explain your Answers. (1999 BAR)
exercise of its administrative control and supervision
over harbor pilots under PPA's legislative charter, and A: The Police Commission is not bound by the findings of
that in issuing the order as a rule or regulation, it was the City Fiscal. In Mangubat v. de Castro (G.R. No. L-33892,
performing its executive or legislative, and not a quasi- 28 July 1988) it was held that the Police Commission is not
Judicial function. Due process of law is classified into prohibited from making its own findings on the basis of its
two kinds, namely, procedural due process and own evaluation of the records. Likewise, the protestation of
substantive due process of law. lack of due process is not well grounded, since the hearings
before the Municipal Board and the City Fiscal offered
Was there, or was there no violation of the harbor Gatdula the chance to be heard. There is no denial of due
pilots' right to exercise their profession and their right process if the decision was rendered on the basis of
to due process of law? (2001 BAR) evidence contained in the record and disclosed to the
parties affected.
A: The right of the harbor pilots to due process was
violated. As held in Corona v. United Harbor Pilots Q: On 07 Nov. 1990, nine lawyers of the Legal
Association of the Philippines (G.R. No. 111953, 21 Dec. Department of Y Bank who were all under Fred Torre,
1997), pilotage as a profession is a property right protected sent a complaint to management accusing Torre of
by the guarantee of due process. The pre-evaluation abusive conduct and mismanagement. Furnished with
cancellation of the licenses of the harbor pilots every year a copy of the complaint, Torre denied the charges. Two
is unreasonable and violated their right to substantive due days later, the lawyers and Torre were called to a
process. The renewal is dependent on the evaluation after conference in the office of the Board Chairman to give
the licenses have been cancelled. The issuance of the their respective sides of the controversy. However, no
administrative order also violated procedural due process, agreement was reached thereat.
since no prior public hearing was conducted. As held in CIR
v. CA (G.R. No. 119761, 29 Aug. 1996), when a regulation is Bank Director Romulo Moret was tasked to look further
being issued under the quasi-legislative authority of an into the matter. He met with the lawyers together with
administrative agency, the requirements of notice, hearing Torre several times but to no avail. Moret then
and publication must be observed. submitted a report sustaining the charges of the
lawyers. The Board Chairman wrote Torre to inform
Q: On 06 Apr. 1963, Police Officer Mario Gatdula was him that the bank had chosen the compassionate option
charged by the Mayor with Grave Misconduct and of "waiting" for Torre's resignation. Torre was asked,
Violation of Law before the Municipal Board. The Board without being dismissed, to turn over the documents of
investigated Gatdula but before the case could be all cases handled by him to another official of the bank
decided, the City charter was approved. The City Fiscal, but Torre refused to resign and requested for a "full
citing Sec. 30 of the city charter, asserted that he was hearing". Days later, he reiterated his request for a "full
authorized there under to investigate city officers and hearing", claiming that he had been "constructively
employees. dismissed". Moret assured Torre that he is "free to

2022 GOLDEN NOTES
QuAMTO (1987-2021)
remain in the employ of the bank" even if he has no

particular work assignment. After another request for B. EQUAL PROTECTION
a "full hearing" was ignored, Torre filed a complaint
with the arbitration branch of NLRC for illegal
dismissal. Reacting thereto, the bank terminated the
1. REQUISITES FOR VALID CLASSIFICATION
services of Torre. (1999 BAR)
2. TESTS TO DETERMINE
(a) Was Torre "constructively dismissed" before
THE REASONABLENESS OF A CLASSIFICATION
he filed his complaint?
(2018, 2016, 2015, 2000, 1994 BAR)
A: Torre was constructively dismissed, as held in

Q: Under Sec. 6 of Art. V (on Criminal Jurisdiction) of the
Equitable Banking Corporation v. NLRC (G.R. No. 102467,
Visiting Forces Agreement (VFA), the custody of a
13 June 1997). Allowing an employee to report for work
United States (US) personnel who becomes subject to
without being assigned any work constitutes constructive
criminal prosecution before a Philippine court shall be
dismissal.
with the US military authorities, if the latter so
requests. The custody shall begin from the commission
(b) Given the multiple meetings held among the
of the offense until the completion of all judicial
bank officials, the lawyers and Torre, is it
proceedings. However, when requested, the US military
correct for him to say that he was not given an
authorities shall make the US personnel available to
opportunity to be heard? Explain.
Philippine authorities for any investigative or judicial
proceeding relating to the offense with which the
A: Torre is correct in saying that he was not given the
person has been charged. In the event that the
chance to be heard. The meetings in the nature of
Philippine judicial proceedings are not completed
consultations and conferences cannot be considered as
within one year, the US shall be relieved of any
valid substitutes for the proper observance of notice and
obligation under Sec. 6.
hearing.
The constitutionality of Sec. 6, Art. V of the VFA is

2. VOID-FOR-VAGUENESS
challenged on the ground that it violates the equal
protection clause to the extent that it allows the
Q: What is the doctrine of "void for vagueness"? In what
transfer of the custody of an accused to a foreign power
context can it be correctly applied? Not correctly
as providing a different rule of procedure for that
applied? Explain (2010 BAR)
accused.
A: A statute is vague when it lacks comprehensible

Rule on the challenge. (2018 BAR)
standards that men of common intelligence guess as to its
meaning and differ as to its application. It applies to both
A: The equal protection clause is not violated, either,
free speech cases and penal statutes. However, a facial
because there is a substantial basis for a different treatment
challenge on the ground of vagueness can be made only in
of foreign military armed forces allowed to enter our
free speech cases. It does not apply to penal statutes.
territory and all other accused. (Nicolas v. Romulo, G.R. No.
(Southern Hemisphere Engagement Network, Inc. v. Anti-
175888, 11 Feb. 2009)
Terrorism Council, G.R. No. 178552, 05 Oct. 2010)
Q: A law is passed intended to protect women and
Q: Compare and contrast “overbreadth doctrine” from
children from all forms of violence. When a woman
“void-for-vagueness” doctrine. (2010 BAR)
perceives an act to be an act of violence or a threat of
violence against her, she may apply for a Barangay
A: While the overbreadth doctrine decrees that a
Protection Order (BPO) to be issued by the Barangay
governmental purpose may not be achieved by means in a
Chairman, which shall have the force and effect of law.
statute which sweep unnecessary broadly and thereby
Conrado, against whom a BPO had been issued on
invades the area of protected freedom. A statute is void for
petition of his wife, went to court to challenge the
vagueness when it forbids or requires the doing of an act in
constitutionality of the law. He raises the following
terms so vague that men of common intelligence cannot
grounds:
necessarily guess at its meaning and differ as to its
application (Estrada v. Sandiganbayan, G.R. No. 148560, 19
Rule on the validity of the grounds raised by Conrado,
Nov. 2001)
with reasons. (2016 BAR)
3. JUDICIAL AND ADMINISTRATIVE

(a) The law violates the equal protection clause,
DUE PROCESS
because while it extends protection to women
who may be victims of violence by their
husbands, it does not extend the same
protection to husbands who may be battered
by their wives.

Political Law
A: The law does not violate the equal protection clause. It is ALTERNATIVE ANSWER:
based on substantial distinctions. The unequal power
relationship between women and men, the greater The three levels of tests that may be applied in equal
likelihood for women than men to be victims of violence, protection cases may be classified as follow: the strict
and the widespread gender bias and prejudice against scrutiny test, for laws dealing with freedom of the mind or
women all make for real differences. (Garcia v. Drilon, G.R. restricting the political processes; the rational basis
No. 179267, 25 June 2013) standard for the review of economic legislation; and
heightened or intermediate scrutiny for evaluating
(b) The grant of authority to the Barangay classifications based on gender and legitimacy.
Chairman to issue a Barangay Protection Order
(BPO) constitutes an undue delegation of (b) Which of the three (3) levels of test should be
judicial power, because obviously, the issuance applied to the present case? Explain.
of the BPO entails the exercise of judicial
power. A: Classification on the basis of sexual orientation is a quasi-
subject classification that prompts intermediate review.
A: The grant of authority to the Barangay Chairman to issue Sexual orientation has no relation to a person’s ability to
a Barangay Protection Order is a purely executive function contribute to society. The discrimination that distinguishes
pursuant to his duty to enforce all laws and ordinances and the gays and lesbian persons are beyond their control. The
to maintain public order. (Garcia v. Drilon, G.R. No. 179267, group lacks sufficient political strength to bring an end to
25 June 2013) discrimination through political mean. (Ang Ladlad LGBT
Party v. COMELEC, G.R. No. 190582, 08 Apr. 2010)
Q: The Gay, Bisexual and Transgender Youth
Association (GBTYA), an organization of gay, bisexual, Q: Undaunted by his three failures in the National
and transgender persons, filed for accreditation with Medical Admission Test (NMAT), Cruz applied to take it
the COMELEC to join the forthcoming party-list again but he was refused because of an order of the
elections. The COMELEC denied the application for DECS disallowing flunkers from taking the test a fourth
accreditation on the ground that GBTY A espouses time. Cruz filed suit assailing this rule raising the
immorality which offends religious dogmas. GBTY A constitutional grounds of accessible quality education,
challenges the denial of its application based on moral academic freedom and equal protection. The
grounds because it violates its right to equal protection government opposes this, upholding the
of the law. (2015 BAR) constitutionality of the rule on the ground of exercise of
police power.
(a) What are the three (3) levels of test that are
applied in equal protection cases? Explain. Decide the case discussing the grounds raised. (2000,
1994 BAR)
A: The three levels of test applied in equal protection cases
are as follows: A: As held in DECS v. San Diego (G.R. No. 89572, 21 Dec.
1989), the rule is a valid exercise of police power to ensure
First, the strict scrutiny test which is applied when the that those admitted to the medical profession are qualified.
legislative classification disadvantages a subject class or The arguments of Cruz are not meritorious. The right to
impinges upon a fundamental right, the statute must fall quality education and academic freedom are not absolute.
unless the government can show that the classification Under Section 5(3), Article XIV of the 1987 Constitution, the
serves a compelling governmental interest. right to choose a profession is subject to fair, reasonable
and equitable admission and academic requirements. The
Second, the intermediate scrutiny test, when the rule does not violate equal protection. There is a substantial
classification, while not facially invidious, gives rise to distinction between medical students and other students.
recurring constitutional difficulties or disadvantages a Unlike other professions, the medical profession directly
quasi-suspect class. The law must not only further an affects the lives of the people.
important government interest and be related to that
interest. The justification must be genuine and must not ALTERNATIVE ANSWER:
depend on broad generalizations.
It is submitted that the strict scrutiny test should be applied
Lastly, the rationality test, if neither the strict nor the in this case because the challenged classification restricts
intermediate scrutiny is appropriate, the statute will be the political process.
tested for mere rationality. The presumption is in favor of
the classification, the reasonableness and fairness of state Q: The DECS issued a circular disqualifying anyone who
action and of legitimate grounds of distinction. (UPLC fails for the fourth time in the National Entrance Tests
Suggested Answers) from admission to a College of Dentistry. X who was
thus disqualified, questions the constitutionality of the
circular.

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Did the circular violate the equal protection clause of Dante Galang was subsequently traced and found and
the Constitution? (1994 BAR) brought to the NBI Office where he admitted ownership
of the handbag and its contents. In the course of the
A: NO, the circular did not violate the equal protection interrogation by NBI agents, and without the presence
clause of the Constitution. There is a substantial distinction and assistance of counsel, Galang was made to sign a
between dentistry students and other students. The dental receipt for the plastic bag and its shabu contents.
profession directly affects the lives and health of people. Galang was charged with illegal possession of
Other professions do not involve the same delicate prohibited drugs and was convicted. On appeal he
responsibility and need not be similarly treated. (DECS v. contends that - The plastic bag and its contents are
San Diego, G.R. No. 89572, 21 Dec. 1989) inadmissible in evidence being the product of an illegal
search and seizure.
C. ARRESTS, SEARCHES AND SEIZURES Decide the case with reasons. (2002 BAR)
(2016, 2002, 2001 BAR)
A: The plastic bag and its contents are admissible in
evidence since it was not the NBI but the bus conductor
who opened the bag and brought it to the NBI. The
Q: Pornographic materials in the form of tabloids,
constitutional right against unreasonable search and
magazines and other printed materials, proliferate and
seizure is a restraint upon the government. It does not
are being sold openly in the streets of Masaya City. The
apply so as to require exclusion of evidence which came
city Mayor organized a task force which confiscate
into the possession of the Government through a search
these materials. He then ordered that the materials be
made by a private citizen. (People v. Marti, G.R. No. 81561,
burned in public. Dominador, publisher of the
18 Jan. 1991)
magazine “Plaything”, filed a suit raising the following
constitutional issues: (a) the confiscation of the
Q: A is an alien. State whether, in the Philippines, he Is
materials constituted an illegal search and seizure,
entitled to the right against illegal searches and
because the same was done without a valid search
seizures and against illegal arrests. (2001 BAR)
warrant; and (b) the confiscation as well as the
proposed destruction of the materials, is a denial of the
A: Aliens are entitled to the right against illegal searches
right to disseminate information, and thus, violates the
and seizures and illegal arrests. As applied in People v. Chua
constitutional right to freedom of expression.
Ho San, (G.R. No. 128222, 17 June 1999) these rights are
available to all persons, including aliens.
Is either or both contentions proper? Explain your
answer (2016 BAR)
1. REQUISITES OF A VALID WARRANT
A: The confiscation of the materials constituted an illegal

Q: Armed with a search and seizure warrant, a team of
search and seizure because it was done without a valid
policemen led by Inspector Trias entered a compound
search warrant. It cannot be justified as a valid warrantless
and searched the house described therein as No. 17
search and seizure, because such search and seizure must
Speaker Perez St., Sta. Mesa Heights, Quezon City,
have been an incident of a lawful arrest. There was no
owned by Mr. Ernani Pelets, for a reported cache of
lawful arrest. (Pita v. CA, G.R. No. 80806 05 Oct. 1989)
firearms and ammunition. However, upon thorough
search of the house, the police found nothing.
The argument of Dominador that pornographic materials
are protected by the constitutional right to freedom of
Then, acting on a hunch, the policemen proceeded to a
expression is erroneous. Obscenity is not protected
smaller house inside the same compound with address
expression. (Fernando v. CA, G.R. No. 159751, 06 Dec. 2006)
at No. 17-A Speaker Perez St., entered it, and conducted
Sec. 2 of P.D. 969 requires the forfeiture and destruction of
a search therein over the objection of Mr. Pelets who
pornographic materials. (Nograles v. People, G.R. No.
happened to be the same owner of the first house.
191080, 21 Nov. 2011)
There, the police found the unlicensed firearms and
ammunition they were looking for. As a result. Mr.
Q: One day a passenger bus conductor found a man's
Ernani Pelets was criminally charged in court with
handbag left in the bus. When the conductor opened the
Illegal possession of firearms and ammunition as
bag, he found inside a calling card with the owner’s
penalized under P.D. 1866, as amended by RA. 8294. At
name (Dante Galang) and address, a few hundred-peso
the trial, he vehemently objected to the presentation of
bills, and a small plastic bag containing a white
the evidence against him for being inadmissible.
powdery substance. He brought the powdery substance
to the National Bureau of Investigation for laboratory
Is Mr. Emani Pelet's contention valid or not? Why?
examination and it was determined to be
(2001 BAR)
methamphetamine hydrochloride or shabu, a
prohibited drug.
A: The contention of Ernani Pelet is valid. If the place
searched is different from that stated in the search warrant,

Political Law
the evidence seized is inadmissible. The policeman cannot person. Personal knowledge is necessary to justify that the
modify the place to be searched as set out in the search person suspected be stopped and reasonably searched.
warrant. (People v. CA, G.R. No.126379, 26 June 1998) Anything less than this would be an infringement upon
one’s basic right to security of one’s person and effects.
2. WARRANTLESS ARRESTS AND DETENTION (Cogaed v. People, G.R. No. 200334, 30 July 2014)
(2019, 2018, 2009, 2000, 1993 BAR)
Q: Five foreign nationals arrived at the NAIA from Hong
Q: At about 5:30 A.M. of 15 Sept. 2019 Police Senior Kong. After retrieving their checked-in luggage, they
Inspector Officer A of the Manila Police District Station placed all their bags in one pushcart and proceeded to
received a text message from an unidentified civilian Express Lane 5. They were instructed to place their
informer that one Mr. Z would be meeting up later that luggage on the examiner's table for inspection.
morning with two (2) potential sellers of drugs at a
nearby restaurant. As such, Officer A decided to hang The examiner found brown-colored boxes, similar in
around the said place immediately. size to powdered milk boxes, underneath the clothes
inside the foreigners' bags. The examiner discovered
At about 9:15 A.M., two (2) male passengers. Named A white crystalline substances inside the boxes that he
and Y, who were each carrying a traveling bag, alighted inspected and proceeded to bundle all of the boxes by
from a bus in front of the restaurant. A transport putting masking tape around them. He thereafter
barker, serving as a lookout for Officer A, signaled to handed the boxes over to Bureau of Customs agents.
the latter that X and Y were "suspicious-looking." The agents called out the names of the foreigners one
by one and ordered them to sign their names on the
As the two were about to enter the restaurant, Officer A masking tape placed on the boxes recovered from their
stopped them and asked about the contents of their respective bags. The contents of the boxes were
bags. Dissatisfied with their response that the bags thereafter subjected to tests which confirmed that the
contained only clothes, Officer A proceeded to search substance was shabu.
the bags and found packs of shabu therein. Thus, X and
Y were arrested, and the drugs were seized from them. Can the shabu found inside the boxes be admitted in
According to Officer A, a warrantless search was validly evidence against the five foreigners for the charge of
made pursuant to the stop and frisk rule; hence, the illegal possession of drugs in violation of the
consequent seizure of the drugs was likewise valid. Comprehensive Dangerous Drugs Act of 2002? (2018
(2019 BAR) BAR)
(a) What is the stop and frisk rule? A: YES, shabu obtained in ordinary customs searches such
as those done in airport, which is a valid warrantless search,
A: The stop and frisk rule is an exception to the general rule are admissible in evidence. (Dela Cruz v. People G.R. 209387,
against a search without a warrant. Where a police officer 11 Jan. 2016)
observes an unusual conduct which leads him reasonably to
conclude in light of his experience that criminal activity may ALTERNATIVE ANSWER:
be afoot and that the persons with whom he is dealing may
be armed and presently dangerous, where in the course of NO, those boxes containing the shabu are inadmissible in
investigating this behavior he identifies himself as a evidence against them.
policeman and makes reasonable inquiries, and where
nothing in the initial stages of the encounter serves to dispel The signatures of the accused on the boxes constitute as
his reasonable fear for his own or others' safety, he is tacit admission of the crime charged and are tantamount to
entitled for the protection of himself and others in the area an uncounseled extra-judicial confession which is not
to conduct a carefully limited search of the outer clothing of sanctioned by the Bill of Rights. (Secs. 12(1) and (3), Art. III,
such persons in an attempt to discover weapons which 1987 Constitution) They are, therefore, inadmissible as
might be used to assault him. (Manalili v. CA, G.R. No. evidence for any admission wrung from them in violation of
113447, 09 Oct. 1997) their constitutional rights is inadmissible against them. The
fact that all accused were foreign nationals does not
(b) Was the stop and frisk rule validly invoked by preclude application of the exclusionary rule because the
Officer A? If not, what is the effect on the drugs constitutional guarantees embodied in the Bill of Rights are
seized as evidence? Explain. given and extend to all persons, both aliens and citizens.
(People v. Wong Chuen Ming, G.R. Nos. 112801-11, 12 Apr.
A: NO, the stop-and-frisk rule was not validly invoked by 1996)
Officer A. A basic criterion to invoke the stop-and-frisk rule
would be that the police officer, with his or her personal
knowledge, must observe the facts leading to the suspicion
of an illicit act. Officer A merely relied on a text message by
an unidentified informer to conduct the search. The police
officer should not adopt the suspicion initiated by another

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: Two police teams monitored the payment of ransom the admission in evidence of the dangerous drug
in a kidnapping case. because it was the result of an illegal search and
seizure. (2000, 2009 BAR)
The bag containing the ransom money was placed
inside an unlocked trunk of a car which was parked at (a) Rule on the objection.
the Angola Commercial Center in Mandaluyong City.
A: The objection is not tenable. In accordance with Manalili
The first police team, stationed in an area near where v. CA (G.R. No. 113447, 09 Oct. 1997), since the accused had
the car was parked, witnessed the retrieval by the red eyes and was walking unsteadily and the place is a
kidnappers of the bag from the unlocked trunk. The known hang- out of drug addicts, the police officers had
kidnappers thereafter boarded their car and sufficient reason to stop the accused and to frisk him. Since
proceeded towards the direction of Amorsolo St. in shabu was actually found during the investigation, it could
Makati City where the second police team was waiting. be seized without the need for a search warrant.
Upon confirmation by radio report from the first police (b) What are the instances when warrantless
team that the kidnappers were heading towards their searches may be effected?
direction, the second police team proceeded to conduct
surveillance on the car of the kidnappers, eventually A: A warrantless search may be effected in the following
saw it enter Ayala Commercial Center in Makati City, cases:
and the police team finally blocked it when it slowed
down. The members of the second police team 1. Searches incidental to a lawful arrest;
approached the vehicle and proceeded to arrest the 2. Searches of moving vehicles;
kidnappers. 3. Searches of prohibited articles in plain view;
4. Enforcement of customs law;
Is the warrantless arrest of the kidnappers by the 5. Consented searches;
second police team lawful? (2018 BAR) 6. Stop and frisk (People v. Montilla, G.R. No. 123872,
30 Jan. 1998);
A: The warrantless arrest is lawful. 7. Routine searches at borders and ports of entry; (US
v. Ramsey, 431 U.S. 606, 06 June 1977) and
There are two requirements before a warrantless arrest can 8. Searches of businesses in the exercise of visitorial
be effected under Sec. 5(b), Rule 113, Rules of Court: (1) an powers to enforce police regulations. (New York v.
offense has just been committed, and (2) the person making Burger, 482 U.S. 691, 19 June 1987).
the arrest has personal knowledge of facts indicating that
the person to be arrested has committed it. Q: Johann learned that the police were looking for him
in connection with the rape of an 18-year old girl, a
Both requirements are present in the instant case. The first neighbor. He went to the police station a week later and
police team present in the Angola Commercial Center was presented himself to the desk sergeant. Coincidentally,
able to witness the pay-off which effectively consummated the rape victim was in the premises executing an
the crime of kidnapping. Its team members all saw the extrajudicial statement. Johann, along with six (6)
kidnappers take the money from the car trunk. Such other suspects, were placed in a police lineup and the
knowledge was then relayed to the other police officers girl pointed to him as the rapist. Johann was arrested
comprising the second police team stationed in Amorsolo and locked up in a cell. Johann was charged with rape in
St. where the kidnappers were expected to pass. court but prior to arraignment invoked his right to
preliminary investigation. This was denied by the
It is sufficient for the arresting team that they were judge, and thus, trial proceeded. After the prosecution
monitoring the pay-off for a number of hours long enough presented several witnesses, Johann, through counsel,
for them to be informed as to who the kidnappers were. invoked the right to bail and filed a motion therefore,
This is equivalent to personal knowledge based on probable which was denied outright by the Judge. Johann now
cause. (People v. Uyboco, G.R. No. 178039, 19 Jan. 2011) files a petition for certiorari before the CA arguing that
his arrest was not in accordance with law. Decide.
Q: Crack officers of the Anti-Narcotics Unit were (1993 BAR)
assigned on surveillance of the environs of a cemetery
where the sale and use of dangerous drugs are A: YES, the warrantless arrest of Johann was not in
rampant. A man with reddish and glassy eyes was accordance with law. As held in Go v. CA (G.R. No. 101832, 11
walking unsteadily moving towards them but veered Feb.1992) his case does not fall under the Instances in Rule
away when he sensed the presence of policemen. They 113, Sec. 5 (a) of the 1985 Rules of Criminal Procedure
approached him, introduced themselves as police authorizing warrantless arrests. It cannot be considered a
officers and asked him what he had clenched in his valid warrantless arrest because Johann did not commit a
hand. As he kept mum, the policemen pried his hand crime in the presence of the police officers, since they were
open and found a sachet of shabu, a dangerous drug. not present when Johann had allegedly raped his neighbor.
Accordingly charged in court, the accused objected to Neither can It be considered an arrest under Rule 113, Sec.

Political Law
5 (b) which allows an arrest without a warrant to be made a) The search conducted in violation of the
when a crime has in fact just been committed and the Constitution and established jurisprudence
person making the arrest has personal knowledge offsets was an illegal search; thus, the gun which was
indicating that the person to be arrested committed it. Since seized in the course of an illegal search is the
Johann was arrested a week after the alleged rape, it cannot "fruit of the poisonous tree" and is inadmissible
be deemed to be a crime which "has just been committed". in evidence.
Nor did the police officers who arrested him have personal
knowledge of facts indicating that Johann raped his A: The contention of Ernesto’s lawyer is correct. The
neighbor. warrantless search of motor vehicles at checkpoints should
be limited to a visual search. Its occupants should not be
3. WARRANTLESS SEARCHES subjected to a body search (Aniag, Jr. v. COMELEC, G.R. No.
(2016, 2015, 2012, 2009 BAR) 104961, 07 Oct. 1994)
Q: When can evidence "in plain view" be seized without The “stop and frisk rule” applies when a police officer
need of a search warrant? Explain. (2012 BAR) observes suspicious activity or unusual activity which may
lead him to believe that a criminal activity may be afoot. The
A: Evidence in plain view can be seized without need of a “stop and frisk” is merely a limited protective search for
search warrant if the following elements are present: outer clothing for weapons
(a) There was a prior valid intrusion based on the valid
warrantless arrest in which the police were legally b) The arrest made as a consequence of the invalid
present pursuant of their duties; search was likewise illegal, because an
(b) The evidence was inadvertently discovered by the unlawful act (the search) cannot be made the
police who had the right to be where they were; basis of a lawful arrest.
(c) The evidence must be immediately apparent; and
(d) Plain view justified seizure of the evidence without A: Since there was no valid warrantless arrest, the
further search. (Del Rosario v. People, G.R. No. warrantless search was also illegal. The unlicensed .22
142295, 31 May 2001) caliber pistol is inadmissible in evidence. (Luz v. People, G.R.
No. 197788, 29 Feb. 2012)
Q: Ernesto, a minor, while driving a motor vehicle, was
stopped at a mobile checkpoint. Noticing that Ernesto is Q: Around 12:00 midnight, a team of police officers was
a minor, SPOl Jojo asked Ernesto to exhibit his driver's on routine patrol in Barangay Makatarungan when it
license but Ernesto failed to produce it. SPOI Jojo noticed an open delivery van neatly covered with
requested Ernesto to alight from the vehicle and the banana leaves. Believing that the van was loaded with
latter acceded. Upon observing a bulge in the pants of contraband, the team leader flagged down the vehicle
Ernesto, the policeman frisked him and found an which was driven by Hades. He inquired from Hades
unlicensed .22-caliber pistol inside Ernesto's right what was loaded on the van. Hades just gave the police
pocket. Ernesto was arrested, detained and charged. At officer a blank stare and started to perspire profusely.
the trial, Ernesto, through his lawyer, argued that, The police officers then told Hades that they will look
policemen at mobile checkpoints are empowered to inside the vehicle. Hades did not make any reply. The
conduct nothing more than a ''visual search". They police officers then lifted the banana leaves and saw
cannot order the persons riding the vehicle to alight. several boxes. They opened the boxes and discovered
They cannot frisk or conduct a body search of the driver several kilos of shabu inside. Hades was charged with
or the passengers of the vehicle. illegal possession of illegal drugs. After due
proceedings, he was convicted by the trial court. On
Ernesto's lawyer thus posited that: appeal, the CA affirmed his conviction.
a) The search conducted in violation of the In his final bid for exoneration, Hades went to the
Constitution and established jurisprudence Supreme Court claiming that his constitutional right
was an illegal search; thus, the gun which was against unreasonable searches and seizures was
seized in the course of an illegal search is the violated when the police officers searched his vehicle
"fruit of the poisonous tree" and is inadmissible without a warrant; that the shabu confiscated from him
in evidence. is thus inadmissible in evidence; and that there being
no evidence against him, he is entitled to an acquittal.
b) The arrest made as a consequence of the invalid For its part, the People of the Philippines maintains that
search was likewise illegal, because an the case of Hades involved a consented warrantless
unlawful act (the search) cannot be made the search which is legally recognized. The People adverts
basis of a lawful arrest. to the fact that Hades did not offer any protest when the
police officers asked him if they could look inside the
Rule on the correctness of the foregoing arguments, vehicle. Thus, any evidence obtained in the course
with reasons (2016 BAR) thereof is admissible in evidence. Whose claim is
correct? Explain. (2015 BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: The warrantless search was illegal. There was no Six hours after the car had been stolen, a combined
probable cause to search the van. The shabu was not team of elite police officers from the Highway Patrol
immediately apparent. It was discovered only after they Group and the Criminal Investigation Detection Group,
opened the boxes. The mere passive silence of Hades did not by force and without a warrant, searched a private
constitute consent to the warrantless search. (Caballes v. CA, home in Novaliches, Quezon City. The private home was
G.R. No. 163108, 23 Feb. 2005) pinpointed by the car's GPS tracker as displayed on the
driver's phone.
Q: A witnessed two hooded men with baseball bats
enter the house of their next door neighbor B. After a The private home is enclosed by a gate and is equipped
few seconds, he heard B shouting, "Huwag Pilo with security cameras. In the private home's garage, the
babayaran kita agad.” Then A saw the two hooded men police officers found the driver's car, along with two
hitting B until the latter fell lifeless. The assailants other cars which matched police records of previously
escaped using a yellow motorcycle with a fireball stolen motor vehicles. The officers seized and
sticker on it toward the direction of an exclusive village impounded all three cars. Right then and there, they
nearby. A reported the incident to POI Nuval. also arrested the owner of the private home, who was
subsequently charged with carnapping. Are the seized
The following day, POI Nuval saw the motorcycle cars admissible in evidence? Explain briefly. (2020-21
parked in the garage of a house at Sta. Ines Street inside BAR)
the exclusive village. He inquired with the caretaker as
to who owned the motorcycle. The caretaker named the A: NO, they are not. The warrantless search was invalid. The
brothers Pilo and Ramon Maradona who were then act of the police officers barging into or, with force, entering
outside the country. POI Nuval insisted on getting the private home where the cars were found based purely
inside the garage. Out of fear, the caretaker allowed on the information obtained from the subject app but only
him. POI Nuval took 2 ski masks and 2 bats beside the with respect to the owner's car, and after six hours from the
motorcycle. commission of the alleged crime, cannot be considered as
falling within the coverage of any of the permissible
Was the search valid? What about the seizure? Decide warrantless searches, which include searches incidental to
with reasons. (2009 BAR) a lawful arrest. (People v. Alberto II, G.R. No. 247906, 10 Feb.
2021; Pagigan v. People, G.R. No. 252003, 10 Feb. 2021;
A: The warrantless search and the seizure was not valid. It Liwanag v. People, G.R. No. 249125, 26 Apr. 2021)
was not made as an incident to a lawful warrantles arrest.
(People v. Baula, G.R. No. 132671, 15 Nov. 2000) The The subject warrantless search preceded the warrantless
caretaker had no authority to waive the right of the brothers arrest. This is not allowed. It is established that, although a
Pilo and Ramon Maradona to waive their right against an warrantless search and seizure may be allowed as an
unreasonable search and seizure. (People v. Damaso, G.R. No. incident to a valid warrantless arrest, the latter must
93516, 12 Aug. 1992) The warrantless seizure of the ski precede the search and seizure. The process cannot be
masks and bats cannot be justified under the plain view reversed. (People v. Chua Ho San, G.R. No. 128222, 17 June
doctrine, because they were seized after an invalid 1999; People v. Aruta, G.R. No. 120915, 03 Apr. 1998; Dionisio
intrusion into the house. (People v. Bolasa, G.R. No. 125754, v. People, G.R. No. 249880, 17 Feb. 2021) Moreover, it cannot
22 Dec. 1999) be said that said warrantless arrest was valid, not being
either an in flagrante delicto arrest or an arrest based on a
4. EXCLUSIONARY RULE hot pursuit. (Sec. 5, Rule 113, Rules of Court)
Q: As a car driver was getting into their car inside the The information that was relayed to the police officers by
parking area of a mall in Makati, two individuals the owner of the car based on the app cannot be considered
suddenly came from behind them. One pointed a gun to under the rules as probable cause for either type of
the car driver's head while the other grabbed the car warrantless arrests. This constitutes additional reason for
keys in the driver's hand. The two then sped away with the invalidity of the subject warrantless search and seizure,
the car. which, to reiterate, could or may have been allowed under
the circumstances only if there had been a prior lawful
After recovering from the initial shock, the driver took warrantless arrest. Accordingly, their seizure was unlawful.
their smartphone and opened the app "Find My Car." They are therefore inadmissible in evidence, following the
"Find My Car'' is an app that tracks in real time the rule in the Constitution to the effect that any evidence
movement and location of a car through a Global obtained in violation of the rules against unreasonable
Positioning System (GPS) device installed in the car. searches and seizures shall be inadmissible for any purpose
The driver then went to the nearest police station and in any proceeding. (Sec. 3 [2], Art. III, in relation to Sec. 2,
showed the officers the current location of the car as 1987 Constitution)
shown on their smartphone. The car appeared to stop
at a spot in Novaliches, Quezon City.

Political Law
throw it. He did not commit any act of lawless violence.

D. PRIVACY OF COMMUNICATIONS AND (David v. Macapagal-Arroyo, G.R. No. 171396, 03 May 2006)
CORRESPONDENCE
(b) What are the two (2) basic prohibitions of the
freedom of speech and of the press clause?
Explain.
1. PRIVATE AND PUBLIC COMMUNICATIONS
A: The two basic prohibitions on freedom of speech and

Q: In a criminal prosecution for murder, the
freedom of the press are prior restraint and subsequent
prosecution presented, as witness, an employee of the
punishment. (Chavez v. Gonzales, G.R. No. 168338, 15 Feb.
Manila Hotel who produced in court a videotape
2008)
recording showing the heated exchange between the
accused and the victim that took place at the lobby of
Q: The KKK Television Network (KKK-TV) aired the
the hotel barely 30 minutes before the killing. The
documentary, “Case Law: How the Supreme Court
accused objects to the admission of the videotape
Decides,” without obtaining the necessary permit
recording on the ground that it was taken without his
required by P.D. 1986. Consequently, the Movie and
knowledge or consent, in violation of his right to
Television Review and Classification Board (MTRCB)
privacy and the Anti-Wire Tapping law. Resolve the
suspended the airing of KKK- TV programs. MTRCB
objection with reasons. (2009 BAR)
declared that under P.D. 1986, it has the power of prior
review over all television programs, except
A: The objection should be overruled. What the law
“newsreels” and programs “by the Government”, and
prohibits is the overhearing, intercepting, and recording of
the subject documentary does not fall under either of
private communications. Since the exchange of heated
these two classes. The suspension order was ostensibly
words was not private, its videotape recording is not
based on Memorandum Circular No. 98-17 which
prohibited. (Navarro v. CA, G.R. No. 121087, 26 Aug. 1999)
grants MTRCB the authority to issue such an order.
2. INTRUSION, WHEN ALLOWED

KKK-TV filed a certiorari petition in court, raising the
following issues: The act of MTRCB constitutes “prior
3. EXCLUSIONARY RULE
restraint” and violates the constitutionally
guaranteed freedom of expression. (2009 BAR)
E. FREEDOM OF SPEECH AND EXPRESSION A: The contention of KKK-TV is not tenable. The prior
restraint is a valid exercise of police power. Television is a
medium which reaches even the eyes and ears of children.
1. PRIOR RESTRAINT AND (Iglesia ni Cristo v. CA, G.R. No. 119673, 26 July 1996)
SUBSEQUENT PUNISHMENT
(2012, 2009, 1988, 1987 BAR) ALTERNATIVE ANSWER:
Q: In a protest rally along Padre Faura Street, Manila, The memo circular is unconstitutional. The act of the
Pedrong Pula took up the stage and began shouting Movie and Television Review and Classification Board
"Kayong mga kurakot kayo! Magsi-resign na kayo! constitutes prior restraint and violates freedom of
Kung hindi, manggugulo kami dito!" ("you corrupt expression. Any system of prior restraint has against it a
officials, you better resign now, or else we will cause heavy presumption against its validity. Prior restraint is an
trouble here!") simultaneously, he brought out a rock abridgment of the freedom of expression. There is no
the size of a fist and pretended to hurl it at the flagpole showing that the airing of the programs would constitute
area of a government building. He did not actually a clear and present danger. (New York Times v. United
throw the rock. (2012 BAR) States, 403 U.S. 713 30 June 1971)
(a) Police officers who were monitoring the Q: The Secretary of Transportation and
situation immediately approached Pedrong Communications has warned radio station operators
Pula and arrested him. He was prosecuted for against selling blocked time, on the claim that the time
seditious speech and was convicted. On covered thereby are often used by those buying them
appeal, Pedrong Pula argued he was merely to attack the present administration. Assume that the
exercising his freedom of speech and freedom department implements this warning and orders
of expression guaranteed by the Bill of Rights. owners and operators of radio stations not to sell
Decide with reasons. blocked time to interested parties without prior
clearance from the Department of Transportation and
A: Pedrong Pula should be acquitted. His freedom of speech Communications.
should not be limited in the absence of a clear and present
danger of a substantive evil that the state had the right to You are approached by an interested party affected
prevent. He pretended to hurl a rock but did not actually adversely by that order of the Secretary of

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Transportation and Communications. What would you opinion in Schenck v. United States, 249 U.S. 47, 03 Mar.
do regarding that ban on the sale of blocked time? 1919; New York Times v. United States, 403 U.S. 713, 30 June
Explain your answer. (1988 BAR) 1971). With greater reason then may censorship in times
of emergency be justified in the case of broadcast media
A: I would challenge its validity in court on the ground that since their freedom is somewhat lesser in scope. The
it constitutes a prior restraint on freedom of expression. impact of the vibrant speech, as Justice Gutierrez said, is
Such a limitation is valid only in exceptional cases, such as forceful and immediate. Unlike readers of the printed
where the purpose is to prevent actual obstruction to work, a radio audience has lesser opportunity to cogitate,
recruitment of service or the sailing dates of transports or analyze and reject the utterance. (Eastern Broadcasting
the number and location of troops, or for the purpose of Corp (DYRE) v. Dans, L-59329, 19 July 1985)
enforcing the primary requirements of decency or the
security of community life. (Near v. Minnesota, 283 U.S. 697, (b) The cancellation of the franchise of the
31 May 1931) Attacks on the government, on the other station on 06 Oct. 1987.
hand, cannot justify prior restraints. For as has been
pointed out, “the interest of society and the maintenance of A: But the cancellation of the franchise of the station on
good government demand a full discussion of public affairs. October 6, 1987, without prior notice and hearing, is void.
Complete liberty to comment on the conduct of public men As held in Eastern Broadcasting Corporation (DYRE) v. Dans
is a scalpel in the case of free speech. (United States v. Jr. (G.R. No. L-59329, 19 July 1985), the cardinal primary
Bustos, G.R. No. L-12592, 08 Mar. 1918) requirements in administrative proceedings (one of which
is that the parties must first be heard) as laid down in Ang
The parties adversely affected may also disregard the Tibay v. CIR (G.R. No. L-46496, 27 Feb. 1940) must be
regulation as being on its face void. As has been held, “any observed in closing a radio station because radio broadcasts
system of prior restraints of expression comes to the court are a form of constitutionally- protected expression.
bearing a heavy presumption against its constitutional
validity,” and the government “thus carries a heavy burden 2. CONTENT-BASED AND
of showing justification for the imposition of such a CONTENT-NEUTRAL REGULATIONS
restraint.” (New York Times v. United States, 403 U.S. 713, 30
June 1971) The usual presumption of validity that inheres 3. FACIAL CHALLENGES AND
in legislation is reversed in the case of laws imposing prior OVERBREADTH DOCTRINE
restraint on freedom of expression. (2015, 2010 BAR)
Q: In the morning of 28 Aug. 1987, during the height of Q: When is a facial challenge to the constitutionality of
the fighting at Channel 4 and Camelot Hotel, the military a law on the ground of violation of the Bill of Rights
closed Radio Station XX, which was excitedly reporting traditionally allowed? Explain your answer. (2015
the successes of the rebels and movements towards BAR)
Manila and troops friendly to the rebels. The reports
were correct and factual. A: A facial challenge is one that is launched to assail the
validity of statutes concerning not only protected speech,
On 06 Oct. 1987, after normalcy had returned and the but also all other rights (in the First Amendment [U.S.])
Government had full control of the situation, the including religious freedom, freedom of the press, and the
National Telecommunications Commission, without rights of the people to peaceably assemble, and to petition
notice and hearing, but merely on the basis of the report the Government for a redress of grievances.
of the military, cancelled the franchise of station XX.
(1987 BAR) While the Court has withheld the application of facial
challenges to strictly penal statues, it has expanded its
Discuss the legality of: scope to cover statues not only regulating free speech, but
also those involving religious freedom, and other
(a) The action taken against the station on 28 fundamentals rights. For unlike its counterpart in the U.S.,
Aug. 1987; and the Court, under its expanded jurisdiction, is mandated by
the Fundamental Law not only to settle actual controversies
A: The closing down of Radio Station XX during the involving rights which are legally demandable and
fighting is permissible. With respect to news media, enforceable, but also to determine whether or not there has
wartime censorship has been upheld on the ground that been a grave abuse of discretion amounting to lack or excess
“when a nation is at war many things that might be said in of jurisdiction on the part of any branch or instrumentality
time of peace are such a hindrance to its efforts that their of the Government.” (Imbong v. Ochoa, G.R. No. 204819, 08
utterance will not be endured so long as men fight and that Apr. 2014)
no Court could regard them as protected by any
constitutional right.” The security of community life may Q: What is the doctrine of "overbreadth"? In what
be protected against incitements to acts of violence and context can it be correctly applied? Not correctly
the overthrow by force of orderly government (Near v. applied? Explain. (2010 BAR)
Minnesota, 283 U.S. 697, 31 May 1931; Justice Holme’s

Political Law
A: A statute is overbroad when a governmental purpose to 5. STATE REGULATION OF

control or prevent activities constitutionally subject to state DIFFERENT TYPES OF MASS MEDIA
regulations is sought to be achieved by means which sweep
unnecessarily broadly and invade the area of protected Q: A law is passed penalizing any criticism of any sitting
freedom. It applies both to free speech cases and penal Member of the Supreme Court on any media platform.
statutes. However, a facial challenge on the ground of The penalty is higher when the criticism is made
overbreadth can only be made in free speech cases because through social media. Is the law constitutional? Explain
of its chilling effect upon protected speech. A facial briefly. (2020-21 BAR)
challenge on the ground of overbreadth is not applicable to
penal statutes, because in general they have an in terrorem A: No, it is not. It constitutes impermissible prior restraint
effect. (Southern Hemisphere Engagement Network, Inc. v. and is therefore an undue and unconstitutional
Anti-terrorism Council, G.R. No. 178552, 05 Oct. 2010) abridgement of freedom of expression, which allows
criticism by citizens of public officers (U.S. v. Bustos, G.R. No.
4. TESTS TO DETERMINE THE VALIDITY OF L-12592, 08 Mar. 1918), including Members of the Supreme
GOVERNMENTAL REGULATION Court, provided that the same, with respect to the latter,
should be made respectfully (People v. Godoy, G.R. No.
Q: Allmighty Apostles is a relatively new religious group 115908-09, 06 Dec. 1995) and cannot cover subjudice
and movement with fast- growing membership. One matters. (People v. Alarcon, G.R. No. 46551, 12 Dec. 1939)
time, DeepThroat, an investigative reporter, made a
research and study as to what the group’s leader, 6. UNPROTECTED SPEECH
Maskeraid, was actually doing. DeepThroat eventually
came up with the conclusion that Maskeraid was a
phony who is just fooling the simple-minded people to F. FREEDOM OF RELIGION
part with their money in exchange for the promise of
eternal happiness in some far-away heaven. This was
published in a newspaper which caused much agitation
1. NON-ESTABLISHMENT AND
among the followers of Maskeraid. Some threatened
FREE EXERCISE CLAUSES
violence against DeepThroat, while some others
already started destroying properties while hurting
NON-ESTABLISHMENT CLAUSE
those selling the newspaper. The local authorities,
(2018, 2016, 2012, 2010, 2007, 1992 BAR)
afraid of the public disorder that such followers might
do, decided to ban the distribution of the newspaper
Q: Distinguish fully between the "free exercise of
containing the article.
religion clause" and the "non- establishment of
religion clause". (2012 BAR)
DeepThroat went to court complaining about the
prohibition placed on the dissemination of his article.
A: The freedom of exercise of religion entails the right to
He claims that the act of the authorities partakes of the
believe, which is absolute, and the right to act on one’s
nature of heckler’s veto, thus a violation of press
belief, which is subject to regulation. As a rule, the freedom
freedom. On the other hand, the authorities counter
of exercise of religion can be restricted only if there is a
that the act was necessary to protect the public order
clear and present danger of a substantive evil which the
and the greater interest of the community.
state has the right to prevent. (Iglesia ni Cristo v. CA, G.R. No.
119673, 26 July 1996)
If you were the judge, how would you resolve the issue?
(2014 BAR)
The non-establishment clause implements the principle of
separation of church and state. The state cannot set up a
A: If I were the judge, I would rule that the distribution of
church, pass laws that aid one religion, and all religions,
the newspaper cannot be banned. Freedom of the news
prefer one religion over another force or influence a person
should be allowed although it induces a condition of unrest
to go to or remain away from church against his will, of
and stirs people to anger. Freedom of the press includes
force him to profess a belief or disbelief in any religion.
freedom of circulation (Chavez v. Gonzales, G.R. No. 168338,
(Everson v. Board of Education, 330 U.S. 1, 10 Feb. 1947)
15 Feb. 2008). When governmental action that restricts
freedom of the press is based on content, it is given the
Q: Congress enacted law to provide Filipinos,
strictest scrutiny and the government must show that there
especially the poor and the marginalized, access and
is a clear and present danger of the substantive evil which
information to a full range of modern family planning
the government has the right to prevent. The threats of
methods, including contraceptives, intrauterine
violence and even the destruction of properties while
devices, injectables, non- abortifacient hormonal
hurting hose selling the newspaper do not constitute a clear
contraceptives, and family planning products and
and present danger as to warrant curtailment of the right of
supplies, but expressly prohibited abortion. To ensure
DeepThroat to distribute the newspaper. (Chavez v.
its objectives, the law made it mandatory for health
Gonzales, G.R. No. 168338, 15 Feb. 2008)
providers to provide information on the full range of
modern family planning methods, supplies and

2022 GOLDEN NOTES
QuAMTO (1987-2021)
services, for schools to provide reproductive health discrimination does not violate the Constitution. (Ignacio v.
education, for non-governmental medical De la Cruz No. L-6858, 31 May 1956)
practitioners to render mandatory 48 hours pro bono
reproductive health services as a condition to ALTERNATIVE ANSWER:
Philhealth accreditation, and for couples desiring to
marry to attend a family planning seminar prior to the The contention is meritorious. The state cannot pass laws
issuance of a marriage license. It also punishes certain which aid one religion, all religions, or prefer one religion
acts of refusals to carry out its mandates. The spouses over another. (Emerson v. Board of Education, 330 U.S. 1, 10
Aguiluz, both Roman Catholics, filed a petition to Feb. 1947)
declare the law as unconstitutional based on, among
others, the following ground: NOTE: It is recommended that both answers be accepted as
correct and be given full credit.
It violates the Freedom of Religion, since petitioners'
religious beliefs prevent them from using Q: To instill religious awareness in the students of
contraceptives, and that any State- sponsored Doña Trinidad High School, a public school in Bulacan,
procurement of contraceptives, funded by taxes, the Parent-Teachers Association of the school
violates the guarantee of religious freedom. contributed funds for the construction of a grotto and
a chapel where ecumenical religious services and
Rule on the above objection. (2018 BAR) seminars are being held after school hours. The use of
the school grounds for these purposes was questioned
A: What is prohibited in the Constitution is the by a parent who does not belong to any religious group.
establishment of a state religion. While the establishment As his complaint was not addressed by the school
clause in the Constitution restricts what the government officials, he filed an administrative complaint against
can do with religion, it also limits what religious sects can the principal before the DECS.
or cannot do with the government. They can neither cause
the government to adopt their particular doctrine as policy Is the principal liable? Explain briefly. (2010 BAR)
for everyone, nor can they cause the government to restrict
other groups. To do so would cause the State to adhere to A: The principal is liable. Although the grotto and the
a particular religion, and thus establish a state religion. chapel can be used by different religious sects without
(Imbong v. Ochoa, GR No. 204819, 08 Apr. 2014) discrimination, the land occupied by the grotto and the
chapel will be permanently devoted to religious use
Congress passed a bill appropriating P100-billion. Part without being required to pay rent. This violates the
of the money is to be used for the purchase of a 200- prohibition against establishment of religion enshrined in
hectare property in Antipolo. The rest shall be spent for Sec.5 of the Bill of Rights. (Opinion 12 of the Secretary of
the development of the area and the construction of the Justice dated 02 Feb. 1979) Although religion is allowed to
Universal Temple for all the World's Faiths (UTAW-P). be taught in public elementary and high schools, it should
When completed, the site will be open, free of charge, to be without additional cost to the government. (Sec. 3(3),
all religions, beliefs, and faiths, where each devotee or Art. XIV, 1987 Constitution)
believer shall be accommodated and treated in a fair
and equal manner, without distinction, favor, or Q: The principal of Jaena High School, a public school,
prejudice. There will also be individual segments or wrote a letter to the parents and guardians of all the
zones in the area which can be used for the conduct of school's pupils, informing them that the school was
whatever rituals, services, sacraments, or ceremonials willing to provide religious instruction to its Catholic
that may be required by the customs or practices of students during class hours, through a Catholic priest.
each particular religion. The President approved the However, students who wished to avail of such religious
bill, happy in the thought that this could start the instruction needed to secure the consent of their
healing process of our wounded country and encourage parents and guardians in writing. (2007 BAR)
people of varied and often conflicting faiths to live
together in harmony and in peace. (a) Does the offer violate the constitutional
prohibition against the establishment of
The law is questioned in the ground that it violates Sec. religion?
5, Article II of the Constitution that "no law shall be made
respecting an establishment of religion or prohibiting A: The offer does not violate the Constitutional prohibition
the free exercise thereof," how will you resolve the against the establishment of religion. Section 3(3), Article
chaIlenge? Explain. (2016 BAR) XIV of the 1987 Constitution provides that at the option
expressed in writing by their parents or guardians, religion
A: The contention must be rejected. The use of the site shall be taught to students in public elementary and high
temple will not be limited to a particular religious sect. It schools within regular class hours by instructors
will be made available to all religious sects. The temporary designated or approved by the religious authorities of their
use of public property for religious purposes without religion.

Political Law
(b) The parents of evangelical Christian students, of religion if it fosters an excessive government
upon learning of the offer, demanded that they entanglement with religion. (Lemon v. Kurtzman, 403 U.S.
too be entitled to have their children instructed 602, 28 June 1971) Since the school requires its students to
in their own religious faith during class hours. take at least three hours a week of religious instructions,
The principal, a devout Catholic, rejected the to ensure that the financial assistance will not be used for
request. As counsel for the parents of the religious purposes, the government will have to conduct a
evangelical students, how would you argue in continuing surveillance. This involves excessive
support of their position? entanglement with religion.
A: As counsel for the parents of the evangelical students, I (b) Presuming that you answer in the negative,
shall argue that the rejection of their request violates the would it make a difference if the subsidy were
guarantee of the free exercise and enjoyment of religious given solely in the form of laboratory
profession and worship, without discrimination or equipment in chemistry and physics?
preference. The exercise of religious freedom includes the
right to disseminate religious information. (Iglesia ni Cristo A: If the assistance would be in the form of laboratory
v. CA, G.R. No. 119673, 26 July 1996) equipment in chemistry and physics, it will be valid. The
purpose of the assistance is secular, i.e., the improvement
Q: Upon request of a group of overseas contract of the quality of tertiary education. Any benefit to religion
workers in Brunei, Rev. Father Juan de la Cruz, a is merely incidental. Since the equipment can only be used
Roman Catholic priest, was sent to that country by the for a secular purpose, it is religiously neutral. It will not
President of the Philippines to minister to their involve excessive government entanglement with religion,
spiritual needs. The travel expenses, per diems, for the use of the equipment will not require surveillance.
clothing allowance and monthly stipend of P5,000 (Tilton v. Richardson, 403 U.S. 672, 28 June 1971)
were ordered charged against the President's
discretionary fund. Upon post audit of the vouchers (c) Presume, on the other hand, that the subsidy is
therefor, the COA refused approval thereof claiming given in the form of scholarship vouchers given
that the expenditures were in violation of the directly to the student and which the student
Constitution. Was the COA correct in disallowing the can use for paying tuition in any accredited
vouchers in question? (1997 BAR) school of his choice, whether religious or non-
sectarian. Will your answer be different?
A: YES, the COA was correct in disallowing the
expenditures. Sec. 29(2), Art. VI of the Constitution prohibits A: In general, the giving of scholarship vouchers to students
the expenditure of public funds for the use, benefit, or is valid. Sec. 2(3), Art. XIV of the Constitution requires the
support of any sect, church, denomination, sectarian State to establish a system of subsidies to deserving
institution, or system of religion, or of any priest, preacher, students in both public and private schools. However, the
minister, other religious teacher, or dignitary as such, law is vague and overbroad. Under it, a student who wants
except when such priest, preacher, minister, or dignitary is to study for the priesthood can apply for the subsidy and
assigned to the armed forces, or to any penal institution, or use it for his studies. This will involve using public funds to
government orphanage or leprosarium. aid religion.
The sending of a priest to minister to the spiritual needs of FREE EXERCISE CLAUSE
overseas contract workers does not fall within the scope of (2009, 2003, 1998, 1997 BAR)
any of the exceptions.
Q: A religious organization has a weekly television
Q: Recognizing the value of education in making the program. The program presents and propagates its
Philippine labor market attractive to foreign religious doctrines and compares their practices with
investment, the DECS offers subsidies to accredited those of other religions. As the Movie and Television
colleges and universities in order to promote quality Review and Classification Board (MTRCB) found as
tertiary education. The DECS grants a subsidy to a offensive several episodes of the program which
Catholic school which requires its students to take at attacked other religions, the MTRCB required the
least 3 hours a week of religious instruction. (1992 organization to submit its tapes for review prior to
BAR) airing.
(a) Is the subsidy permissible? Explain The religious organization brought the case to court on
the ground that the action of the MTRCB suppresses its
A: NO, the subsidy is not permissible. Such will foster freedom of speech and interferes with its right to free
religion, since the school give religious instructions to exercise of religion. Decide. (1998, 2009 BAR)
students. Besides, it will violate the prohibition in Sec.
29(2), Art. VI of the Constitution against the use of public A: The religious organization must submit the tapes to the
funds to aid religion. Financial assistance to a sectarian MTRCB. Freedom of speech and freedom of religion does
school violates the prohibition against the establishment not shield any religious organization against the regulation

2022 GOLDEN NOTES
QuAMTO (1987-2021)
of the government on its program over the television. The part in the flag ceremony which includes playing by a
right to act on one’s religious belief is not absolute and is band or singing the national anthem, saluting the
subject to police power for the protection of the general Philippine flag, and reciting the patriotic pledge. The
welfare. students and their parents assail the expulsion on the
ground that the school authorities have acted in
However, the MTRCB cannot ban the tapes on the ground violation of their right to free public education,
that they attacked other religions. In Iglesia ni Cristo v. CA, freedom of speech, and religious freedom and worship.
(G.R. No. 119673, 26 July 1996) the Court held that the Decide the case. (2003 BAR)
respondent Board may disagree with the criticisms of
other religions by petitioner but that gives it no excuse to A: The students cannot be expelled from school. To compel
interdict such criticisms, however, unclean they may be. students to take part in the flag ceremony when it is against
Under our constitutional scheme, it is not the task of the their religious beliefs will violate their religious freedom.
State to favor any religion by protecting it against an attack (Ebralinag v. Division Superintendent of Schools of Cebu, G.R.
by another religion. No. 95770, 01 Mar. 1993) Their expulsion also violates the
duty of the State under Sec. 1, Art. XIV of the 1987
Moreover, the broadcasts do not give rise to a clear and Constitution to protect and promote the right of all citizens
present danger of a substantive evil. In the case of Iglesia ni to quality education and make such education accessible to
Cristo v. CA, (G.R. No. 119673, 26 July 1996) prior restraint all.
on speech, including the religious speech, cannot be
justified by hypothetical fears but only by the showing of a 2. BENEVOLENT NEUTRALITY AND CONSCIENTIOUS
substantive and imminent evil which has taken the reality OBJECTORS
already on the ground.
Q: Fernando filed an administrative complaint against
Q: Section 28, Title VI, Chapter 9, of the Administrative his co-teacher, Amelia, claiming that the latter is living
Code of 1987 requires all educational institutions to with a married man who is not her husband. Fernando
observe a simple and dignified flag ceremony, charged Amelia with committing "disgraceful and
including the playing or singing of the Philippine immoral conduct" in violation of the Revised
National Anthem, pursuant to rules to be promulgated Administrative Code and, thus, should not be allowed
by the Secretary of Education, Culture and Sports, The to remain employed in the government. Amelia, on the
refusal of a teacher, student or pupil to attend or other hand, claims that she and her partner are
participate in the flag ceremony is a ground for members of a religious sect that allows members of the
dismissal after due investigation. congregation who have been abandoned by their
respective spouses to enter marital relations under a
The Secretary of Education Culture and Sports issued a "Declaration of Pledging Faithfulness." Having made
memorandum implementing said provision of law. As such Declaration, she argues that she cannot be
ordered, the flag ceremony would be held on Mondays charged with committing immoral conduct for she is
at 7:30a.m. during class days. A group of teachers, entitled to free exercise of religion under the
students and pupils requested the Secretary that they Constitution. (2016 BAR)
be exempted from attending the flag ceremony on the
ground that attendance thereto was against their (a) Is Amelia administratively liable? State your
religious belief. The Secretary denied the request. The reasons briefly.
teachers, students and pupils concerned went to Court
to have the memorandum circular declared null and A: Amelia is not administratively liable. There is no
void. Decide the case. (1997, 2009 BAR) compelling state interest that justifies inhibiting free
exercise of religious beliefs. The means used by the
A: The teachers and the students should be exempted from government to achieve its legitimate objective is not the
the flag ceremony. As held in Ebralinag v. Division least intrusive means
Superintendent of Schools of Cebu, (G.R. No. 95770, 01 Mar.
1993) to compel them to participate in the flag ceremony (b) Briefly explain the concept of "benevolent
will violate their freedom of religion. Freedom of religion neutrality."
cannot be impaired except upon the showing of a clear and
present danger of a substantive evil which the State has a A: Under the benevolent neutrality approach, the “wall of
right to prevent. The refusal of the teachers and the separation” is meant to protect the church from the State.
students to participate in the flag ceremony does not pose It believes that with respect to governmental actions,
a clear and present danger. To compel them to participate accommodation of religion may be allowed, not to promote
in the flag ceremony will violate their freedom of religion. the government’s favored form of religion, but to allow
(UPLC Suggested Answers) individuals and groups to exercise their religion without
hindrance. What is sought is not a declaration of
Q: Children who are members of a religious sect have unconstitutionality of the law but an exemption from its
been expelled from their respective public schools for application. (Estrada v. Escritor, A.M. No. P-02-1651, 22 June
refusing, on account of their religious beliefs, to take 2006)

Political Law
3. TESTS TO DETERMINE THE VALIDITY OF his liberty of abode.

GOVERNMENTAL REGULATION
Will the suit prosper? (1998 BAR)
G. LIBERTY OF ABODE AND RIGHT TO TRAVEL A: NO, the suit will not prosper. Sec. 6, Art. III of the 1987
Constitution provides: "The liberty of abode and of
changing the same within the limits prescribed by law shall
not be impaired except upon lawful order of the court."
1. SCOPE AND LIMITATIONS
(2012, 1998, 1996 BAR)
The liberty of abode is subject to the police power of the
State. Requiring the segregation of lepers is a valid exercise
Q: Mr. Violet was convicted by the RTC of Estafa. On
of police power. Judicial notice will be taken of the fact that
appeal, he filed with the CA a Motion to Fix Bail for
leprosy is commonly believed to be an infectious disease
Provisional Liberty Pending Appeal. The CA granted the
tending to cause one afflicted with it to be shunned and
motion and set a bail amount in the sum of Five (5)
excluded from society, and that compulsory segregation of
Million Pesos, subject to the conditions that he secure
lepers as a means of preventing the spread of the disease is
"a certification/ guaranty from the Mayor of the place
supported by high scientific authority. (Lorenzo v. Director
of his residence that he is a resident of the area and that
of Health, G.R. No. 27484, 01 Sept. 1927)
he will remain to be a resident therein until final
judgment is rendered or in case he transfers residence,
Q: The military commander-in charge of the operation
it must be with prior notice to the court". Further, he
against rebel groups directed the inhabitants of the
was ordered to surrender his passport to the Division
island which would be the target of attack by
Clerk of Court for safekeeping until the court orders its
government forces to evacuate the area and offered
return. (2012 BAR)
the residents temporary military hamlet.
(a) Mr. Violet challenges the conditions imposed by

Can the military commander force the residents to
the CA as violative of his liberty of abode and
transfer their places of abode without a court order?
right to travel. Decide with reasons.
Explain. (1996 BAR)
A: The right to change abode and the right to travel are not
A: NO, the military commander cannot compel the
absolute. The liberty of changing abode may be unpaired
residents to transfer their places of abode without a court
upon order of the court. The order of the CA is lawful,
order. Under Sec. 6, Art. III of the 1987 Constitution, a lawful
because the purpose is to ensure that the accused will be
order of the court is required before the liberty of abode
available whenever his presence is required. He is not
and of changing the same can be impaired. (UPLC Suggested
being prevented from changing his abode. He is merely
Answers)
being required to inform the CA if he does. (Yap v. CA, G.R.
NO. 141529, 06 June 2001)
2. WATCH-LIST AND HOLD DEPARTURE ORDERS
(b) Are "liberty of abode" and "the right to travel"

absolute rights? Explain. What are the
respective exception/s to each right if any? H. RIGHT TO INFORMATION
A: The liberty of abode and the right to travel are not

absolute. The liberty of abode and of changing it can be 1. SCOPE AND LIMITATIONS
imposed within the limits prescribed by law upon lawful
order of the court. The right to travel may be unimpaired
in the interest of national security, public safety, or public I. EMINENT DOMAIN
health as may be provided by law. (Sec.6, Art. III, 1987
Constitution)
1. CONCEPT
In addition, the court has the inherent power to restrict the
right of an accused who has a pending criminal case to
Q: The City of Pasig initiated expropriation
travel abroad to maintain its jurisdiction over him.
proceedings on a one-hectare lot which is part of a 10-
(Santiago v. Vasquez, G.R. No. 99289-90, 27 Jan. 1993)
hectare parcel of land devoted to the growing of
vegetables. The purpose of the expropriation is to use
Q: Juan Casanova contracted Hansen's disease
the land as a relocation site for 200 families squatting
(leprosy) with open lesions. A law requires that lepers
along the Pasig river. (1996 BAR)
be isolated upon petition of the City Health Officer. The
wife of Juan Casanova wrote a letter to the City Health
(a) Can the owner of the property oppose the
Officer to have her formerly philandering husband
expropriation on the ground that only 200 out
confined in some isolated leprosarium. Juan Casanova
of the more than 10,000 squatter families in
challenged the constitutionality of the law as violating

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Pasig City will benefit from the expropriation? A: If the government does not pay Baldomero the just
Explain. compensation immediately, he cannot demand the return
of the property to him. Instead, legal interest should be
A: NO, the owner of the property cannot oppose the paid from the time of taking of the property until actual
expropriation on the ground that only 200 out of more than payment in full. (Republic v. CA, G.R. No. 146587, 02 July
10,000 squatter families in Pasig City will benefit from the 2002)
expropriation. The acquisition of private property for
socialized housing is for public use and the fact that only a (b) If the government paid full compensation but
few and not everyone will benefit from the expropriation after two years it abandoned its plan to build
does not detract from the nature of the public use. an airport on the property, can Baldomero
(Philippine Columbian Association v. Panis, G.R. No. L- compel the government to re-sell the property
106528, 21 Dec. 1993) back to him? Explain your answer.
(b) Can the Department of Agrarian Reform A: With respect to the element of public use, the
require the City of Pasig to first secure expropriator should commit to use the property for the
authority from said Department before purpose stated in the petition. If not, it is incumbent upon
converting the use of the land from it to return the property to the owner, if the owner desires
agricultural to housing? Explain. to reacquire it. Otherwise, the judgment of expropriation
will lack the element of public use. The owner will be
A: NO, the Department of Agrarian Reform cannot require denied due process and the judgment will violate his right
Pasig City to first secure authority from it before to justice. (Mactan-Cebu Airport Authority v. Lozada, Sr.,
converting the use of the land from agricultural to G.R. No. 176625, 25 Feb. 2010) If the just compensation was
residential. There is no provision in the Comprehensive not paid within five (5) years from finality of judgment, the
Agrarian Reform Law which subjects the expropriation of owner is entitled to recover the property. (Republic v. Lim,
agricultural lands by local government units to the control G.R. No. 161656, 29 June 2005)
of the Department of Agrarian Reform and to require
approval from the Department of Agrarian Reform will Q: The National Power and Grid Corporation (NPGC), a
mean that it is not the local government unit but the government entity involved in power generation
Department of Agrarian Reform who will determine distribution, had its transmission lines traverse some
whether or not the expropriation is for a public use. fields belonging to Farmerjoe. NPGC did so without
(Province of Camarines Sur v. CA, G.R. No. 103125, 17 May instituting any expropriation proceedings. Farmerjoe,
1993) not knowing any better, did not immediately press his
claim for payment until after ten years later when a
2. JUST COMPENSATION son of his took up Law and told him that he had a right
(2016, 2014, 1994, 1993 BAR) to claim compensation. That was then the only time
that Farmerjoe earnestly demanded payment.
Q: In expropriation proceedings, what legal interest
should be used in the computation of interest on just When the NPGC ignored him, he instituted a case for
compensation? (1993 BAR) payment of just compensation. In defense, NPGC
pointed out that the claim had already prescribed
A: As held in NPC v. Angas (G.R. Nos. 60225-26, 08 May since under its Charter it is clearly provided that
1992), in accordance with Article 2209 of the Civil Code, the "actions for damages must be filed within five years
legal interest should be 6% a year. Central Bank Circular after the rights of way, transmission lines, substations,
No. 416, which increased the legal interest to 12% a year is plants or other facilities shall have been established
not applicable to the expropriation of property and is and that after said period, no suit shall be brought to
limited to loans, since its issuance is based on Presidential question the said rights of way, transmission lines,
Decree No. 116, which amended the Usury Law. substations, plants or other facilities."
Q: The Government, through Secretary Toogoody of If you were the lawyer of Farmerjoe, how would you
the Department of Transportation (DOTr), filed a protect and vindicate the rights of your client? (2014
complaint for eminent domain to acquire a 1, 000- BAR)
hectare property in Bulacan, owned by Baldomero.
The court granted the expropriation, fixed the amount A: Farmerjoe’s demand for payment is justified and cannot
of just compensation, and installed the Government in be considered as prescribed. His demand for payment is an
full possession of the property. (2016 BAR) action for the payment of just compensation and not an
action for damages as provided in the Charter of the
(a) If the government does not immediately pay National Power and Grid Corporation. It partakes of the
the amount fixed by the court as just nature of a reverse eminent domain proceeding (or inverse
compensation, can Baldomero successfully condemnation proceeding) wherein claims for just
demand the return of the property to him? compensation for property taken can be made and
Explain your answer? pursued. (NPC v. Vda. De Capin, G.R. No. 175176, 17 Oct.

Political Law
2008; NPC v. Heirs of Sangkay, G.R. No. 165828, 24 Aug.

2011) K. NON-IMPAIRMENT OF CONTRACTS
ALTERNATIVE ANSWER:
1. CONCEPT AND LIMITATIONS

The right to recover just compensation is enshrined in no
less than our Bill of Rights, which states in clear and
categorical language that private property shall not be
taken for public use without just compensation. (NPC v. Sps. L. FREE ACCESS TO COURTS AND ADEQUATE LEGAL
Saludares, G.R. No. 189127, 25 Apr. 2012) This ASSISTANCE
constitutional mandate cannot be defeated by statutory
prescription. Thus, it would be a confiscatory act on the
part of the government to take the property of respondent
spouses for a public purpose and deprive them of their M. RIGHTS UNDER CUSTODIAL INVESTIGATION
right to just compensation, solely because they failed to
institute inverse condemnation proceedings within five
years from the time the transmission lines were
1. MEANING OF CUSTODIAL INVESTIGATION
constructed.
(2019, 2016, 1997, 1993 BAR)
Q: The Municipality of Antipolo, Rizal expropriated the

Q: Mrs. W supplies the Philippine National Police (PNP)
property of Juan Reyes for use as a public market. The
with uniforms every year. Last month, he and two (2)
Municipal Council appropriated P1,000,000 for the
other officers of the PNP conspired to execute a "ghost
purchase of the lot but the Regional Trial Court, on the
purchase", covered by five (5) checks amounting to
basis of the evidence, fixed the value at P2,000,000.
₱200,000.00 each, or a total of ₱1,000,000.00. An
(1994 BAR)
investigating committee within the PNP, which was
constituted to look into it, invited Mrs. W, among
(a) What legal action can Juan Reyes take to collect
others, for an inquiry regarding the anomalous
the balance?
transaction. Mrs. W accepted the invitation but during
the committee hearing, she stated that she will not
A: To collect the balance of Judgment, as stated in Tan Toco
answer any question unless she be provided with the
v. Municipal Council of lloilo (G.R. No. L-24950, 25 Mar.
assistance of a counsel. The PNP officials denied her
1926), Juan Reyes may levy on patrimonial properties of
request; hence, she no longer participated in the
the Municipality of Antipolo. If it has no patrimonial
investigation.
properties in accordance with the Municipality of Makati v.
CA (G.R. No. 89898-99, 01 Oct. 1990), the remedy of Juan
What is a custodial investigation? Under the 1987
Reyes is to file a petition for mandamus to compel the
Constitution, what are the rights of a person during
Municipality of Antipolo to appropriate the necessary
custodial investigation? (2019 BAR)
funds to satisfy the judgment.
A: Custodial investigation refers to any questioning
(b) Can Juan Reyes ask the Regional Trial Court to
initiated by law enforcement officers after a person has
garnish the Municipality’s account with the
been taken into custody. (People v. Basay, G.R. No. 86941, 03
Land Bank?
Mar. 1993) The rights of a person under custodial
investigation include the right to remain silent, the right to
Pursuant to the ruling in Pasay Government v. CFI of Manila
have competent and independent counsel, and the right to
(G.R. No. L- 32162, 28 Sept. 1984), since the Municipality of
be informed of these rights. (Sec. 12 (1), Art. III, 1987
Antipolo has appropriated P1,000,000 to pay for the lot, its
Constitution)
bank account may be garnished but up to this amount only.
Q: The contents of the vault of ABC company consisting
3. EXPROPRIATION BY LOCAL GOVERNMENT UNITS
of cash and documents were stolen. Paulyn, the
treasurer of ABC, was invited by the Makati City Police
Department to shed light on the amount of cash stolen
J. RIGHT TO ASSOCIATION and the details of the missing documents. Paulyn
obliged and volunteered the information asked. Later,
Paulyn was charged with qualified theft together with
1. SCOPE AND LIMITATIONS other suspects. Paulyn claims her rights under the
Constitution and pertinent laws were blatantly
violated. The police explained that they were just
gathering evidence when Paulyn was invited for a
conference, and she was not a suspect at that time. Rule
on her defense. (2016 BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: The defense of Paulyn is bereft of merit. It is axiomatic immediately went to the scene and started asking the
that constitutional rights of a person under investigation people about what they witnessed. In due time, they
for the commission of an offense under Sec. 12(1), Art. III of were pointed to Edward Gunman, a security guard, as
the Constitution begins when there is no longer a general the possible malefactor. Edward was then having
inquiry into an unresolved crime and the investigation has refreshment in one of the eateries when the police
stated to focus on a particular person as a suspect., i.e., approached him.
when the police investigator starts interrogating or
exacting a confession from the suspect in connection with They asked him if he had a gun to which question he
an alleged offense. When she was invited for questioning answered yes. Then they asked if he had seen anybody
by the Makati City Police Department and she volunteered shot in the vicinity just a few minutes earlier and this
information, she was not yet a suspect. time he said he did not know about it. After a few more
questions, one of the policemen asked Edward if he
Q: An information for parricide was filed against was the shooter. He said no, but then the policeman
Danny. After the NBI found an eyewitness to the who asked him told him that several witnesses pointed
commission of the crime, Danny was placed in a police to him as the shooter. Whereupon Edward broke down
line-up where he was identified as the one who shot and started explaining that it was a matter of self-
the victim. After the line-up, Danny made a confession defense.
to a newspaper reporter who interviewed him. (1994
BAR) Edward was eventually charged with murder. During
his trial, the statements he made to the police were
(a) Can Danny claim that his identification by the introduced as evidence against him. He objected
eyewitness be excluded on the ground that the claiming that they were inadmissible since he was not
line-up was made without benefit of his given his Miranda rights. On the other hand, the
counsel? prosecution countered that there was no need for such
rights to be given since he was not yet arrested at the
A: NO, the identification of Danny, a private person, by an time of the questioning.
eyewitness during the line-up cannot be excluded in
evidence. In accordance with the ruling in People v. Hatton, If you were the judge, how would you rule on the issue?
210 SCRA 1, the accused is not entitled to be assisted by (2014 BAR)
counsel during a police line-up, because it is not part of
custodial investigation since he was not being questioned A: If I were the judge, I would rule that the confession is
but was merely being asked to exhibit his body for inadmissible. First, the rights under investigation in Sec. 12,
identification by a witness. (UPLC Suggested Answers) Art. III of the Constitution are applicable to any person
under investigation for the commission of an offense. The
ALTERNATIVE ANSWER: investigation began when a policeman told Edward that
several witnesses pointed to him as the shooter, because it
YES, in United States v. Wade, (388 U.S. 218, 12 June 1967) started to focus on him as a suspect (People v. Labtan, G.R.
it was held that on the basis of the Sixth, rather than the No. 127493, 08 Dec. 1999)
Fifth Amendment (equivalent to Sec. 14 (2), Art. III rather
than Sec. 12(1)), the police line-up is such a critical stage Q: As he was entering a bar, Arnold — who was holding
that it carries "potential substantial prejudice" for which an unlit cigarette in his right hand — was handed a
reason the accused is entitled to the assistance of Counsel. match box by someone standing near the doorway.
(ibid.) Arnold unthinkingly opened the matchbox to light his
cigarette and as he did so, a sprinkle of dried leaves fell
(b) Can Danny claim that his confession be out, which the guard noticed. The guard immediately
excluded on the ground that he was not frisked Arnold, grabbed the matchbox, and sniffed its
afforded his "Miranda" rights? contents. After confirming that the matchbox
contained marijuana, he immediately arrested Arnold
A: NO. Danny cannot ask that his confession to a and called in the police.
newspaper reporter should be excluded in evidence. As
held in People v. Bernardo (G.R No. 97393, 17 Mar. 1993), At the police station, the guard narrated to the police
such an admission was not made during a custodial that he personally caught Arnold in possession of dried
interrogation, but a voluntary statement made to the marijuana leaves. Arnold did not contest the guard’s
media. (ibid.) statement; he steadfastly remained silent and refused
to give any written statement. Later in court, the guard
2. RIGHTS OF A PERSON testified and narrated the statements he gave the
UNDER CUSTODIAL INVESTIGATION police over Arnold’s counsel’s objections. While
(2014, 2013, 2012, 2009 BAR) Arnold presented his own witnesses to prove that his
possession and apprehension had been set-up, he
Q: The police got a report about a shooting incident himself did not testify. The court convicted Arnold,
during a town fiesta. One person was killed. The police relying largely on his admission of the charge by

Political Law
silence at the police investigation and during trial. 3. He has the right to have counsel during the
From the constitutional law perspective, was the court investigation; and
correct in its ruling? (2013 BAR) 4. He must be informed that if he is indigent, a lawyer
will be appointed to represent him. (Miranda v.
A: The court was wrong in relying on the silence of Arnold Arizona, 384 U.S 436, 13 June 1966)
during the police investigation and during the trial. Under
Sec. 12, Art. III of the 1987 Constitution, he had the right to Q: William, a private American citizen, a university
remain silent. His silence cannot be taken as a tacit graduate and frequent visitor to the Philippines, was
admission; otherwise, his right to remain silent would be inside the U.S. embassy when he got into a heated
rendered nugatory. Considering that his right against self- argument with a private Filipino citizen. Then, in front
incrimination protects his right to remain silent, he cannot of many shocked witnesses, he killed the person he
be penalized for exercising it. (People v. Galvez, G.R. No. was arguing with. The police came, and brought him to
157221, 30 Mar. 2007) the nearest police station. Upon reaching the station,
the police investigator, in halting English, informed
ALTERNATIVE ANSWER: William of his Miranda rights, and assigned him an
The court correctly convicted Arnold. There is no showing services of the lawyer, and insisted that he be assisted
that the evidence for the prosecution was insufficient. by a Filipino lawyer currently based in the U.S. The
When Arnold remained silent, he runs the risk of an request was denied, and the counsel assigned by the
interference of guilt from non-production of evidence in police stayed for the duration of the investigation.
his behalf. (People v. Solis G.R. No. 124127, 29 June 1998) William protested his arrest.
Q: Mr. Brown, a cigarette vendor, was invited by PO1 He also claimed that his Miranda rights were violated
White to a nearby police station. Upon arriving at the because he was not given the lawyer of his choice; that
police station, Brown was asked to stand side-by-side being an American, he should have been informed of
with five (5) other cigarette vendors in a police line-up. his rights in proper English; and that he should have
PO1 White informed them that they were looking for a been informed of his rights as soon as he was taken
certain cigarette vendor who snatched the purse of a into custody, not when he was already at the police
passer-by and the line-up was to allow the victim to station. Was William denied his Miranda rights? Why
point at the vendor who snatched her purse. No or why not? (2009 BAR)
questions were to be asked from the vendors. (2012
BAR) A: The fact that the police officer gave him the Miranda
warning in halting English does not detract from its
(a) Brown, afraid of a "set up" against him, validity. Under Section 2(b) of RA 7438, it is sufficient that
demanded that he be allowed to secure his the language used was known to and understood by him.
lawyer and for him to be present during the William need not be given the Miranda warning before the
police line-up. Is Brown entitled to counsel? investigation started. William was not denied his Miranda
Explain. rights. It is not practical to require the police officer to
provide a lawyer of his own choice from the United States
A: Brown is not entitled to counsel during the police line- (Gamboa v. Cruz, G.R. No. L-5629, 27 June 1988).
up. He was not yet being asked to answer for a criminal
offense. (Gamboa v. Cruz, G.R. No. L-56291, 27 June 1988) 3. REQUISITES OF A VALID WAIVER
(b)Would the answer in (a) be the same if Brown Q: In his extrajudicial confession executed before the
was specifically invited by White because an police authorities, Jose Walangtakot admitted killing
eyewitness to the crime identified him as the his girlfriend in a fit of jealousy. This admission was
perpetrator? Explain. made after the following A and question to wit:
A: Brown would be entitled to the assistance of a lawyer. T - Ikaw ay may karapatan pa rin kumuha ng serbisyo
He was already considered as a suspect and was therefore ng isang abogado para makatulong mo sa
entitled to the right under custodial investigation. (People imbestigasyong ito at kung wala kang makuha, ikaw ay
v. Legaspi, G.R. No. 117802, 27 Apr. 2000) aming bibigyan ng libreng abogado, ano ngayon ang
iyong masasabi?"
(c) Briefly enumerate the so-called "Miranda
Rights". "S - Nandiyan naman po si Fiscal (point to Assistant
Fiscal Aniceto Malaputo) kaya hindi ko na
A: The Miranda warning means that a person in custody kinakailanganang abogado."
who will be interrogated must be informed of the
following: During the trial. Jose Walangtakot repudiated his
1. He has right to remain silent; confession contending that it was made without the
2. Anything said can be used as evidence against him; assistance of counsel and therefore inadmissible in

2022 GOLDEN NOTES
QuAMTO (1987-2021)
evidence. Decide. (1993 BAR) described in the problem, was not made in response to any
interrogation by the latter. In fact, the mayor did not
A: The confession of Jose Walangtakot is inadmissible in appear as having questioned Ariston at all. No police
evidence. The warning given to him is insufficient in authority ordered Ariston to talk to the mayor. It was he
accordance with the ruling in People v. Duero, (G.R. No. L- himself who spontaneously, freely and voluntarily sought
52016, 13 May 1981) he should have been warned also that the mayor for a private meeting. The mayor did not know
he has the right to remain silent and that any statement he that he was going to confess his guilt to him. When he
makes may be used as evidence against him. Besides, under talked with the mayor as a confidant and not as a law
Sec. 12 (1), Art. III, of the 1987 Constitution, the counsel enforcement officer, his uncounseled confession to the
assisting a person being investigated must be independent. Mayor did not violate his constitutional rights.
Assistant Fiscal Aniceto Malaputo could not assist Jose
Walangtakot. As held in People v. Viduya (G.R. No. L-60025, His confession to the media can likewise be properly
11 Sept. 1990), his function is to prosecute criminal cases. admitted. The confessions were made in response to
To allow him to act as defense counsel during custodial questions by news reporters, not by the police or any other
investigations would render nugatory the constitutional investigating officer. Statements spontaneously made by
rights of the accused during custodial investigation. What suspects to news reporters during televised interviews are
the Constitution requires is a counsel who will effectively deemed voluntary and are admissible in evidence. (People
undertake the defense of his client without any conflict of v. Andan, G.R. No. 116437, 03 Mar. 1997)
interest. The A of Jose Walangtakot indicates that he did
not fully understand his rights. Hence, it cannot be said that Q: Rafael, Carlos and Joseph were accused of murder
he knowingly and intelligently waived those rights. (UPLC before the Regional Trial Court of Manila. Accused
Suggested Answers) Joseph turned state witness against his co-accused
Rafael and Carlos, and was accordingly discharged
4. EXCLUSIONARY DOCTRINE from the information. Among the evidence presented
(2018, 2001, 2000, 1996, 1993 BAR) by the prosecution was an extrajudicial confession
made by Joseph during the custodial Investigation,
Q: The police served a warrant of arrest on Ariston who implicating Rafael and Carlos who, he said, together
was suspected of raping and killing a female high with him (Joseph), committed the crime. The
school student. While on the way to the police station, extrajudicial confession was executed without the
one of the police officers who served the warrant asked assistance of counsel. Accused Rafael and Carlos
Ariston in the local dialect if he really raped and killed vehemently objected on the ground that said
the student, and Ariston nodded and said, "Opo." Upon extrajudicial confession was inadmissible in evidence
arriving at the police station, Ariston saw the City against them. Rule on whether the said extrajudicial
Mayor, whom he approached and asked if they could confession is admissible in evidence or not. (2001
talk privately. The Mayor led Ariston to his office and, BAR)
while there in conversation with the Mayor, Ariston
broke down and admitted that he raped and killed the A: According to People v. Balisteros (G.R. No. 120921, 29 Jan.
student. The Mayor thereafter opened the door of the 1998) the confession is admissible. Under Sec. 12, Art. III of
room to let the public and media representatives the Constitution, the confession is inadmissible only against
witness Ariston's confession. In the presence of the the one who confessed. Only the one whose rights were
Mayor, the police and the media, and in response to violated can raise the objection as his right is personal.
questions asked by some members of the media,
Ariston sorrowfully confessed his guilt and sought ALTERNATIVE ANSWER:
forgiveness for his actions.
The confession is inadmissible. If it is inadmissible against
Which of these extrajudicial confessions, if any, would the one who confessed, with more reason it should be
you consider as admissible in evidence against inadmissible against others. (People v. Jara, G.R. No. L-
Ariston? (2018 BAR) 61356-57, 30 Sept. 1986)
A: Ariston was already under custodial investigation when Q: On 01 Oct. 1985, Ramos was arrested by a security
he confessed to the police. It is admitted that the police guard because he appeared to be "suspicious" and
failed to inform him of his constitutional rights when he brought to a police precinct where in the course of the
was investigated and interrogated. His confession to the investigation he admitted he was the killer in an
police is therefore inadmissible in evidence. unsolved homicide committed a week earlier. The
proceedings of his investigation were put in writing
His confession before the mayor, however, is admissible. and dated 01 Oct. 1985, and the only participation of
While it may be true that a mayor has “operational counsel assigned to him was his mere presence and
supervision and control” over the local police and may signature on the statement.
arguably be deemed a law enforcement officer for
purposes of applying Sec. 12(1) and (3) of Art. III of the The admissibility of the statement of Ramos was
Constitution, Ariston’s confession to the mayor, as placed in issue but the prosecution claims that the

Political Law
confession was taken on 01 Oct. 1985 and the 1987 possession of prohibited drugs. He was convicted.
Constitution providing for the right to counsel of choice
and opportunity to retain, took effect only on 02 Feb. On appeal, he now poses the following issue: Neither is
1987 and cannot be given retroactive effect. the receipt he signed admissible, his rights under
custodial investigation not having been observed.
Rule on this. (2000 BAR) Decide. (1993 BAR)
A: The confession of Ramos is not admissible, since the A: According to the ruling in People v. Mirantes, (G.R. No.
counsel assigned to him did not advise him of his rights. 92706, 21 May 1992) such receipt is in effect an
The fact that his confession was taken before the effectivity extrajudicial confession of the commission of an offense.
of the 1987 Constitution is of no moment. Even prior to the Hence, if it was signed without the assistance of counsel, in
effectivity of the 1987 Constitution, the Supreme Court accordance with Sec. 12(3), Art. III of the Constitution, it is
already laid down strict rules on waiver of the rights inadmissible in evidence. (People v. Duhan, G.R. No. L-
during investigation in the case of People v. Galit. (G.R. No. 65189, 28 May 1986)
L-51770, 20 Mar. 1985)
Q: A, who was arrested as a suspect in a murder case N. RIGHTS OF THE ACCUSED

was not represented by counsel during the "question
and A" stage. However, before he was asked to sign his
statements to the police investigator, the latter
1. CRIMINAL DUE PROCESS
provided A with a counsel, who happened to beat the
police station. After conferring with A, the counsel told
2. BAIL
the police investigator that A was ready to sign the
(2008, 2006, 2005, 1993 BAR)
statements. Can the statements of A be presented in
court as his confession? Explain. (1996 BAR)
Q: A law denying persons charged with crimes
punishable by reclusion perpetua or death the right to
A: NO, the statements of A cannot be presented in court as
bail. State whether or not the law is constitutional.
his confession. He was not assisted by counsel during the
Explain briefly. (2006 BAR)
actual questioning. There is no showing that the lawyer
who belatedly conferred with him fully explained to him
A: The law is invalid as it contravenes Sec. 13, Art. III of the
the nature and consequences of his confession. The
1987 Constitution which provides that all persons, except
accused must be assisted by counsel during the actual
those charged with offenses punishable by reclusion
questioning and the belated assistance of counsel before he
perpetua where evidence of guilt is strong, shall, before
signed the confession does not cure the defect. (People v.
conviction, be bailable by sufficient sureties, or be released
Compil, G.R. No. 95028, 15 May 1995)
on recognizance as may be provided by law. The accused
may not be deprived of his constitutional right to bail even
ALTERNATIVE ANSWER:
if charged with a capital offense where the evidence of guilt
is not strong. (UPLC Suggested Answers)
YES, the statements of A can be presented in court as his
confession. Even if the accused was not assisted by counsel
Q: State with reason(s) whether bail is a matter of right
during the questioning, his confession is admissible if he
or a matter of discretion in the following cases: (2005
was able to consult a lawyer before he signed. (People v.
BAR)
Rous, G.R. No. 103803-04, 27 Mar. 1995)
(a) The imposable penalty for the crime charged is

Q: Larry was an overnight guest in a motel. After he
reclusion perpetua and the accused is a minor;
checked out the following day, the chambermaid found
an attaché case which she surmised was left behind by
A: A minor charged with a crime punishable with reclusion
Larry. She turned it over to the manager who, to
perpetua is entitled to bail as a matter of right. Under
determine the name and address of the owner, opened
Article 68 of the RPC, in case of conviction the penalty
the attache case and saw packages which had a
would be one degree lower than reclusion perpetua. This
peculiar smell and upon squeezing felt like dried
rules out reclusion perpetua. (Bravo v. Borja, G.R. No. L-
leaves. His curiosity aroused, the manager made an
65228, 18 Feb. 1985)
opening on one of the packages and took several grams
of the contents thereof. He took the packages to the
(b) The imposable penalty for the crime charged is
NBI, and in the presence of agents, opened the
life imprisonment and the accused is a minor;
packages, the contents of which upon laboratory
examination, turned out to be marijuana flowering
A: Bail is a matter of discretion for a minor charged with an
tops, Larry was subsequently found, brought to the NBI
offense punishable with life imprisonment, because Article
Office where he admitted ownership of the attaché
68 of the RPC is inapplicable and he is not entitled to the
case and the packages. He was made to sign a receipt
privileged mitigating circumstance under it (People v.
for the packages. Larry was charged in court for
Lagasca, G.R. No. 73818, 27 Feb. 1987)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
(c) The accused has been convicted of homicide on a 248, Revised Penal Code)
charge of murder and sentenced to suffer an
indeterminate penalty of from eight (8) years and 3. PRESUMPTION OF INNOCENCE
one (1) day of prision mayor, as minimum, to
twelve (12) years and four (4) months of reclusion Q: OZ lost five head of cattle which he reported to the
temporal as maximum. police as stolen from his barn. He requested several
neighbors, including RR, for help in looking for the
A: Bail is a matter of discretion for an accused convicted of missing animals. After an extensive search, the police
homicide on a charge of murder, because an appeal opens found two head in RR's farm. RR could not explain to
the whole case of review. There is a possibility that he may the police how they got hidden in a remote area of his
be convicted of murder, which is punishable with reclusion farm. Insisting on his innocence, RR consulted a lawyer
perpetua to death. His conviction shows the evidence of his who told him he has a right to be presumed innocent
guilt is strong. (Obosa v. CA, G.R. No. 114350, 16 Jan. 1997) under the Bill of Rights. But there is another
presumption of theft arising from his unexplained
Q: Johann learned that the police were looking for him possession of stolen cattle— under the penal law. Are
in connection with the rape of an 18-year old girl, a the two presumptions capable of reconciliation in this
neighbor. He went to the police station a week later case? If so, how can they be reconciled? If not, which
and presented himself to the desk sergeant. should prevail? (2004 BAR)
Coincidentally, the rape victim was in the premises
executing an extrajudicial statement. Johann, along A: The two presumptions can be reconciled. The
with six (6) other suspects, were placed in a police presumption of innocence stands until the contrary is
lineup and the girl pointed to him as the rapist. Johann proved. It may be overcome by a contrary presumption
was arrested and locked up in a cell. Johann was founded upon human experience. The presumption that RR
charged with rape in court but prior to arraignment is the one who stole the cattle of OZ is logical, since he was
invoked his right to preliminary investigation. This found in possession of the stolen cattle. RR can prove his
was denied by the judge, and thus, trial proceeded. innocence by presenting evidence to rebut the
After the prosecution presented several witnesses, presumption. The burden of evidence is shifted to RR,
Johann, through counsel, invoked the right to bail and because how he came into possession of the cattle is
filed a motion therefore, which was denied outright by peculiarly within his knowledge. (Dizon-Pamintuan v.
the Judge. People, G.R. No. 111426, 11 July 1994)
Johann now files a petition for certiorari before the CA 4. RIGHT TO COUNSEL
arguing that he is entitled to bail as a matter of right, (2019, 2005 BAR)
thus the Judge should not have denied his motion to fix
bail outright. Decide. (1993, 2008 BAR) Q: Mrs. W supplies the Philippine National Police (PNP)
with uniforms every year. Last month, he and two (2)
A: In accordance with Sec. 13, Art. III of the Constitution, other officers of the PNP conspired to execute a "ghost
Johann may be denied bail if the evidence of his guilt is purchase", covered by five (5) checks amounting to
strong considering that the crime with which he is charged ₱200,000.00 each, or a total of ₱1,000,000.00. An
is punishable by reclusion perpetua. It is thus not a matter investigating committee within the PNP, which was
of right for him to be released on bail in such case. The constituted to look into it, invited Mrs. W, among
court must first make a determination of the strength of the others, for an inquiry regarding the anomalous
evidence on the basis of evidence already presented by the transaction. Mrs. W accepted the invitation but during
prosecution, unless it desires to present some more, and the committee hearing, she stated that she will not
give the accused the opportunity to present countervailing answer any question unless she be provided with the
evidence. If, having done this, the court finds the evidence assistance of a counsel. The PNP officials denied her
not to be strong, then it becomes the right of Johann to be request; hence, she no longer participated in the
admitted to bail. The error of the trial court lies in investigation.
outrightly denying the motion for bail of Johann. (UPLC
Suggested Answers) Was the PNP’s denial of Mrs. W’s request violative of
her right to counsel in the proceedings conducted
Q: JC, a major in the Armed Forces of the Philippines, is before the PNP? Explain. (2019 BAR)
facing prosecution before the Regional Trial Court of
Quezon City for the murder of his neighbor whom he A: NO, PNP’s denial of Mrs W’s request is not violative of
suspected to have molested his (JC’s) 15-year-old her right to counsel. Administrative proceedings need not
daughter. Is JC entitled to bail? Why or why not? (2008 be clothed with the attributes of a judicial proceeding.
BAR) Thus, while desirable, the right to counsel is not available
in administrative proceedings. Since the proceedings
A: As a rule, bail is a matter of right even in capital offense, involved in this case is an investigation being conducted by
unless it is determined, after due hearing, that the evidence a PNP committee, which is administrative and not a
of his guilt is strong. (Sec. 13, Art. III, 1987 Constitution; Art. custodial investigation, Mrs. W is not entitled to the

Political Law
assistance of counsel. (Cudia v. The Superintendent of the 5. RIGHT TO BE INFORMED OF THE NATURE AND
PMA, G.R. No. 211362, 24 Feb. 2015) CAUSE OF ACCUSATION
Q: Mariano was arrested by the NBI as a suspect in the 6. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL
shopping mall bombings. Advised of his rights,
Mariano asked for the assistance of his relative, Atty. Q: Charged by Francisco with libel, Pablo was
Santos. The NBI noticed that Atty. Santos was arraigned on January 3, 2000, pre-trial was dispensed
inexperienced, incompetent and inattentive. Deeming with and continuous trial was set for March 7, 8, and 9,
him unsuited to protect the rights of Mariano, the NBI 2000. On the first setting, the prosecution moved for its
dismissed Atty. Santos. Appointed in his place was Atty. postponement and cancellation of the other settings
Barroso, a bar topnotcher who was in the premises because its principal and probably only witness, the
visiting a relative. Atty. Barroso ably assisted Mariano private complainant Francisco, suddenly had to go
when the latter gave a statement. However, Mariano abroad to fulfill a professional commitment. The judge
assailed the investigation claiming that he was instead dismissed the case for failure to prosecute.
deprived of counsel of his choice. Was the NBI correct Would the grant of the motion for postponement have
in dismissing Atty. Santos and appointing Atty. Barroso violated the accused's right to speedy trial? (2000
in his stead? Is Mariano's statement, made with the BAR)
assistance of Atty. Barroso, admissible in evidence?
(2005 BAR) A: The grant of the motion for postponement would not
have violated the right of the accused to speedy trial. Since
A: The NBI was not correct in dismissing Atty. Santos and the motion for postponement was the first one requested,
appointing Atty. Barroso in his stead. Article III, Section the need for the offended party to attend to a professional
12(1) of the 1987 Constitution requires that a person commitment is a valid reason, no substantial right of the
under investigation for the commission of an offense shall accused would be prejudiced, and the prosecution should
have no less than "competent and independent counsel be afforded a fair opportunity to prosecute its case, the
preferably of his own choice". This is meant to stress the motion should be granted. (People v. Leviste, G.R. No.
primacy accorded to the voluntariness of the choice under 104386, 28 Mar. 1996)
the uniquely stressful conditions of a custodial
investigation. The appointment of Atty. Barroso is ALTERNATIVE ANSWER:
questionable because he was visiting a relative working in
the NBI and thus his independence is doubtful. Considering Since continuous trial of cases is required and since the
that Mariano was deprived of counsel of his own choice, the date of the initial hearing was set upon agreement of all
statement is inadmissible in evidence. (People v. Januario, parties, including the private complainant, the judge
G.R. No. 98252, 07 Feb. 1997) properly dismissed the case for failure to prosecute.
ALTERNATIVE ANSWER: 7. RIGHT OF CONFRONTATION
The NBI was correct in dismissing Atty. Santos as he was 8. RIGHT TO COMPULSORY PROCESSES
incompetent. The 1987 Constitution requires counsel to be
competent and independent. Atty. Barroso, being a bar 9. TRIAL IN ABSENTIA
topnotcher ably assisted Mariano and there is no showing
that his having a relative in the NBI affected his
independence. Moreover, the accused has the final choice O. RIGHT TO SPEEDY TRIAL AND SPEEDY DISPOSITION
of ounsel as he may reject the one chosen for him and ask OF CASES
for another. A lawyer provided by the investigators is
deemed engaged by the accused where he raises no
objection against the lawyer during the course of the
investigation, and the accused thereafter subscribes to the
truth of his statement before the swearing officer. Thus, P. RIGHT AGAINST SELF-INCRIMINATION
once the prosecution shows there was compliance with the
constitutional requirement on pre-interrogation
advisories, a confession is presumed to be voluntary and Q: Congressman Nonoy delivered a privilege speech
the declarant bears the burden of proving that his charging the Intercontinental Universal Bank (IUB)
confession is involuntary and untrue. A confession is with the sale of unregistered foreign securities, in
admissible until the accused successfully proves that it was violation of R.A. 8799. He then filed, and the House of
given as a result of violence, intimidation, threat or Representatives unanimously approved a Resolution
promise of reward or leniency which are not present in this directing the House Committee on Good Government
case. Accordingly, the statement is admissible (People v. (HCGG) to conduct an inquiry on the matter, in aid of
Jerez, G.R. No. 114385, 29 Jan. 1998). legislation, in order to prevent the recurrence of any
similar fraudulent activity.

2022 GOLDEN NOTES
QuAMTO (1987-2021)
The HCGG immediately scheduled a hearing and an entrapment operation where P01 Adrian was
invited the responsible officials of IUB, the Chairman caught red-handed demanding and taking PhP500.00
and Commissioners of the Securities and Exchange from a motorist who supposedly beat a red light.
Commission (SEC), and the Governor of the Bangko
Sentral ng Pilipinas (BSP). On the date set for the aring, After he was apprehended, PO1 Adrian was required to
only the SEC Commissioners appeared, prompting submit a sample of his urine. The drug test showed that
Congressman Nonoy to move for the issuance of the he was positive for dangerous drugs. Hence, PO1
appropriate subpoena ad testificandum tocompel the Adrian was charged with violation of Section 15,
attendance of the invited resource persons. Article II of R.A. No. 9165 or the Comprehensive
Dangerous Drugs Act of 2002.
The IUB officials filed suit to prohibit HCGG from
proceeding with the inquiry and to quash the PO1 Adrian argues against the admissibility of the
subpoena, raising the following argument: Compelling urine test results and seeks its exclusion. He claims
the IUB officials, who are also respondents in the that the mandatory drug test under R.A. No. 9165 is a
criminal and civil cases in court, to testify at the violation of the accused's right to privacy and right
inquiry would violate their constitutional right against against self-incrimination.
self- incrimination. Are the foregoing argument
tenable? Reasons. (2009 BAR) Are PO1 Adrian's contentions correct? (2018 BAR)
A: The argument is untenable. Since the IUB officials were A: PO1 Adrian is correct that his rights to privacy and
not being subjected to a criminal penalty, they cannot against self-incrimination have been violated. The results of
invoke their right against self-incrimination unless a the “confirmatory” urine test should therefore be rejected
question calling for an incriminating answer is as evidence against him. It should be noted that RA 9165
propounded. (Standard Chartered Bank v. Senate allows the conduct of urine tests only for persons arrested
Committee, G.R. No. 167173, 27 Dec. 2007) for acts prohibited under said law, such as, among others,
the manufacturing, sale, use or possession of illegal drugs,
1. EXTENT OF THE RIGHT and not for any unlawful act, like extortion, for which PO1
Adrian was arrested. (De la Cruz v. People, G.R. No. 200748,
Q: Select the best answer and explain. 23 July 2014)
An accused’s right against self- incrimination is Q: Alienmae is a foreign tourist. She was asked certain
violated in the following cases: questions in regard to a complaint that was filed against
her by someone who claimed to have been defrauded
a. When he is ordered by the trial court to by her. Alienmae answered all the questions asked,
undergo a paraffin test to prove he is guilty of except in regard to some matters in which she invoked
murder; her right against self-incrimination. When she was
b. When he is compelled to produce his pressed to elucidate, she said that the questions being
bankbooks to be used as evidence against his asked might tend to elicit incriminating answers
father charged with plunder; insofar as her home state is concerned. Could Alienmae
c. When he is ordered to produce a sample of his invoke the right against self-incrimination if the fear of
handwriting to be used as evidence that he is incrimination is in regard to her foreign law? (2014
the author of a letter wherein he agreed to kill BAR)
the victim;
d. When the president of a corporation is A: NO. Alienmae cannot invoke her right against self-
subpoenaed to produce certain documents as incrimination even if the fear of incrimination is in regard
proofs he is guilty of illegal recruitment. (2006 to her foreign law. Under the territoriality principle, the
BAR) general rule is that a state has jurisdiction over all persons
and property within its territory. The jurisdiction of the
A: The best answer is (c), ordering the accused to produce nation within its own territory is necessary, exclusive, and
a sample of his handwriting to be used as evidence to prove absolute. However, there are a few exceptions on when a
that he is the author of a letter in which he agreed to kill the state cannot exercise jurisdiction even within its own
victim as this will violate his right against self- territory, to wit: 1) foreign states, head of states, diplomatic
incrimination. Writing is not a purely mechanical act, representatives, and consults to a certain degree; 2) foreign
because it requires the application of intelligence and state property; 3) acts of state; 4) foreign merchant vessels
attention. Producing a sample of his handwriting may exercising rights of innocent passage or arrival under
identify him as the writer of the letter. (Beltran v. Samson, stress; 5) foreign armies passing through or stationed in its
G.R No. 32025, 23 Sept. 1929) territories with its permission; and 6) such other persons
or property, including organisations like the United
Q: PO1 Adrian Andal is known to have taken bribes Nations, over which it may, by agreement, waive
from apprehended motorists who have violated traffic jurisdiction.
rules. The National Bureau of Investigation conducted

Political Law
Seeing that the circumstances surrounding Alienmae do not

fall under those exceptions, that she is a foreign tourist who Q. RIGHT AGAINST DOUBLE JEOPARDY
received a complaint for fraud, such principle of
territoriality can be exercised by the State to get the
information it needs to proceed with the case.
Q: Discuss the right of every accused against double
jeopardy? (1999 BAR)
Q: A, the wife of an alleged victim of enforced
disappearance, applied for the issuance of a Writ of
A: No person shall be twice put in jeopardy of punishment
Amparo before a Regional Trial Court in Tarlac. Upon
for the same offense. If an act is punished by a law and an
motion of A, the court issued inspection and production
ordinance, conviction or acquittal under either shall
orders addressed to the AFP Chief of Staff to allow entry
constitute a bar to another prosecution for the same act.
at Camp Aquino and permit the copying of relevant
(Sec. 21, Art. III, 1987 Constitution)
documents, including the list of detainees, if any.
Accompanied by court- designated Commission on
The first sentence sets forth the general rule: the
Human Rights (CHR) lawyers, A took photographs of a
constitutional protection against double jeopardy is not
suspected isolation cell where her husband was
available where the second prosecution is for an offense
allegedly seen being held for three days and tortured
that is different from the offense charged in the first or
before he finally disappeared. The CHR lawyers
prior prosecution, although both the first and second
requested one Lt. Valdez for a photocopy of the master
offenses may be based upon the same act or set of acts. The
plan of Camp Aquino and to confirm in writing that he
second sentence embodies an exception to the general
had custody of the master plan. Lt. Valdez objected on
proposition: the constitutional protection, against double
the ground that it may violate his right against self-
jeopardy is available although the prior offense charged
incrimination. Decide with reasons. (2010 BAR)
under an ordinance be different from the offense charged
subsequently under a national statute such as the Revised
A: NO. The objection of Lt. Valdez is not valid. The right
Penal Code, provided that both offenses spring from the
against self-incrimination refers to testimonial evidence
same act or set of acts.
and does not apply to the production of a photocopy of the
master plan of Camp Aquino, because it is a public record.
1. REQUISITES AND LIMITATIONS
He cannot object to the request for him to confirm his
(2019, 2018, 2012, 2002, 2001, 1999, 1997 BAR)
custody of the master plan, because he is the public officer
who had custody of it. (Almonte v. Vasquez, G.R. No. 95367,
Q: Butchoy installed a jumper cable. He was prosecuted
23 May 1995)
under a Makati ordinance penalizing such act. He
moved for its dismissal on the ground that the jumper
Q: A man was shot and killed and his killer fled.
cable was within the territorial jurisdiction of
Moments after the shooting, an eyewitness described to
Mandaluyong and not Makati. The case was dismissed.
the police that the slayer wore white pants, a shirt with
The City of Mandaluyong thereafter filed a case against
floral design, had boots and was about 70 kilos and 1.65
him for theft under the Revised Penal Code (RCP). Is
meters. Borja, who fit the description given, was seen
there double jeopardy?
nearby. He was taken into custody and brought to the
police precinct where his pants, shirt and boots were
a. No. The first jeopardy was terminated with his
forcibly taken and he was weighed, measured,
express consent;
photographed, fingerprinted and subjected to paraffin
b. Yes. This is double jeopardy of the second kind
testing. At his trial, Borja objected to the admission in
– prosecution for the same act under an
evidence of the apparel, his height and weight, his
ordinance and a law;
photographs, fingerprints comparison and the results
c. Yes. He is prosecuted for the same offense
of the paraffin test, asserting that these were taken in
which has already been dismissed by the City
violation of his right against self-incrimination. Rule on
of Makati;
the objection. (2000 BAR)
d. No. The second kind of double jeopardy under
Section 21, Article III only contemplates
A: NO. The objection of Borja is not tenable. As held in
conviction or acquittal which could terminate
People v. Paynor (G.R. No. 116222, 09 Sept. 1996), the rights
a first jeopardy. (2012 BAR)
guaranteed by Sec. 12, Art. III of the Constitution applies only
against testimonial evidence. An accused may be compelled
A: D. NO. The second kind of double jeopardy under
to be photographed or measured, his garments may be
Section 21, Article III only contemplates conviction or
removed, and his body may be examined.
acquittal which could terminate a first jeopardy. (Zapatos
v. People, G.R. No. 147814-15, 16 Sept. 2003)
2. IMMUNITY STATUTES

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: What are the requisites of double jeopardy? (1999 with the express consent of the accused or upon his own
BAR) motion, will not place the accused in double jeopardy. This
rule, however, admits of two exceptions, namely:
A: Double jeopardy exists when the following requisites insufficiency of evidence and denial of the right to speedy
are present: trial. x x x x It must be stressed, however, that these
dismissals were predicated on the clear right of the
1. a first jeopardy attached prior to the second; accused to speedy trial. These cases are not applicable to
2. the first jeopardy has been validly terminated; and the petition at bench considering that the right of the
3. a second jeopardy is for the same offense as in the private respondents to speedy trial has not been violated
first. by the State.” (Tan v. People, G.R. NO. 173637, April 21,
2009). In these cases, the Court focused on discussing why
A first jeopardy attaches only: there was no violation of the right to speedy trial hence
there was no first jeopardy to speak of. The facts stipulated
a. after a valid indictment; in the question, however, do not provide that there was an
b. before a competent court; issue on the first jeopardy other than it was secured upon
c. after arraignment; the motion of the accused.
d. when a valid plea has been entered; and
e. when the accused has been acquitted or convicted, Q: Amoroso was· charged with treason before a
or the case dismissed or otherwise terminated military court martial. He was acquitted. He was later
without his express consent. (Cerezo v. People, G.R. charged with the same offense before a Regional Trial
No. 185230, 01 June 2011) Court. He asks that the information be quashed on the
ground of double jeopardy. The prosecution objects,
Q: An Information for Estafa was filed against the contending that for purposes of double jeopardy, the
accused, Mr. D. During the course of the trial, Mr. D filed military court martial cannot be considered as a
a motion to dismiss for failure to prosecute the case for "competent court." Should the Regional Trial Court
a reasonable length of time. Opposing the motion, the grant Amoroso's motion to quash on the ground of
prosecution argued that its failure to present its double jeopardy? (2018 BAR)
witnesses was due to circumstances beyond its control.
Eventually, the trial court dismissed the case with A: YES, the Motion to Dismiss should be granted. A
finality on the ground that Mr. D’s right to speedy trial defendant, having been acquitted of a crime by a court
was violated. martial of competent jurisdiction proceeding under lawful
authority, cannot be subsequently tried for the same
A month after, the same criminal case for Estafa was offense in a civil court.
refilled against Mr. D, prompting him to file a motion to
dismiss invoking his right against double jeopardy. It appearing that the offense charged in the Court Martial
The prosecution opposed the motion, arguing that the and in the Regional Trial Court is the same, that the military
first criminal case for Estafa was dismissed with the court had jurisdiction to try the case and that both courts
express consent of the accused as it was, in fact, upon derive their powers from one sovereignty, the acquittal by
his own motion. Moreover, it was already able to the military court should be a bar to Amoroso’s further
secure the commitments of its witnesses to appear; prosecution for the same offense in the Regional Trial
hence, it would be prejudicial for the State if the case Court. (Crisologo v. People, G.R. No. L-6277, 26 Feb. 1954);
were to be dismissed without trial. Marcos v. Chief of Staff G.R. No. L-4663, 30 May 1951); Garcia
v. Executive Secretary G.R. 198554, 30 July 2012)
For double jeopardy to attach, what requisites must
exist? (2019 BAR) Q: A Tamaraw FX driven by Asiong Cascasero, who was
drunk, sideswiped a pedestrian along EDSA in Makati
A: No person shall be twice put in jeopardy of punishment City, resulting in physical injuries to the latter. The
for the same offense. If an act is punished by a law and an public prosecutor filed two separate informations
ordinance, conviction or acquittal under either shall against Cascasero, the first for reckless imprudence
constitute a bar to another prosecution for the same act. resulting in physical injuries under the Revised Penal
(Section 21, Article III, 1987 Constitution). To raise the Code, and the second for violation of an ordinance of
defense of double jeopardy, three requisites must be Makati City prohibiting and penalizing driving under
present: (1) a first jeopardy must have attached prior to the the influence of liquor. Cascasero was arraigned, tried
second; (2) the first jeopardy must have been validly and convicted for reckless imprudence resulting in
terminated; and (3) the second jeopardy must be for the physical injuries under the Revised Penal Code. With
same offense as that in the first. regard to the second case (i.e., violation of the city
ordinance), upon being arraigned, he filed a motion to
ALTERNATIVE ANSWER: quash the information invoking his right against
double jeopardy. He contended that, under Art. III,
Recent jurisprudence provides that “As a general rule, the Section 21 of the Constitution, if an act is punished by a
dismissal of a criminal case resulting in acquittal, made law and an ordinance, conviction or acquittal under

Political Law
either shall constitute a bar to another prosecution for A: NO, the reversal of the trial court’s assailed dismissal of
the same act He argued that the two criminal charges the case would not place the accused in double jeopardy.
against him stemmed from the same act of driving While generally, dismissal of cases on the ground of failure
allegedly under the influence of liquor which caused to prosecute predicated on the clear right of the accused to
the accident. Was there double jeopardy? Explain your speedy trial is equivalent to an acquittal that would bar
Answer. (2002, 1997 BAR) further prosecution of the accused for the same offense, the
same rule is not applicable in this case considering that the
A: YES, there was double jeopardy. The constitutional right of the accused to speedy trial has not been violated by
protection against double jeopardy is available so long as the State. For this reason, Pablo cannot invoke his right
the acts which constitute or have given rise to the first against double jeopardy (People v. Tampal, G.R. No. 102485,
offense under a municipal ordinance are the same acts 22 May 1995).
which constitute or have given rise to the offense charged
under a statute. In this case, the same act is involved in the Q: On October 21, 1986, 17-year-old Virginia Sagrado
two cases. The reckless imprudence which resulted in brought a complaint against Martin Geralde for
physical injuries arose from the same act of driving under consented abduction. With the accused pleading not
the influence of liquor. The fact that the two charges sprung guilty upon arraignment, trial ensued. After trial, a
from one and the same act of conviction or acquittal under judgment of conviction was rendered against Geralde.
either the law or the ordinance shall bar a prosecution When the case was appealed to it, the Court of Appeals
under the other thus making it against the logic of double reversed the judgment of the Trial Court, ratiocinating
jeopardy. (UPLC Suggested Answers) and ruling as follows: "This is not to say that the
appellant did nothing wrong... she was seduced by the
Q: For the death of Joey, Erning was charged with the appellant with promises (of marriage) just to
crime of homicide before the Regional Trial Court of accomplish his lewd designs." Years later, Virginia
Valenzuela. He was arraigned. Due to numerous brought another complaint for Qualified Seduction.
postponements of the scheduled hearings at the Geralde presented a Motion to Quash on the ground of
instance of the prosecution, particularly based on the double jeopardy, which motion and his subsequent
ground of unavailability of prosecution witnesses who motion for reconsideration were denied: Question: May
could not be found or located, the criminal case was Geralde validly invoke double jeopardy in questioning
pending trial for a period of seven years. Upon motion the institution of the case for Qualified Seduction? He
of accused Erning who invoked his right to speedy trial, placed reliance principally on the "same evidence" test
the court dismissed the case. Eventually, the to support his stance. He asserted that the offenses with
prosecution witnesses surfaced, and a criminal case which he was charged arose from the same set of facts.
for homicide, involving the same incident was filed Furthermore, he averted that the complaint for
anew against Erning. Accused Erning moved for Qualified Seduction is barred by waiver and estoppel
dismissal of the case on the ground of double jeopardy. on the part of the complainant, she having opted to
The prosecution objected, submitting the reason that consider the case as consented abduction. Finally, he
it was not able to present the said witnesses earlier argued that her delay of more than eight (8) years
because the latter went into hiding out of fear. Resolve before filing the second case against him constituted
the motion. (2001 BAR) pardon on the part of the offended party. How would
you resolve Gerald's contentions? Explain. (1999 BAR)
A: The motion should be granted. As held in Caes v. IAC (G.R.
Nos. 74989-90, 06 Nov. 1989), the dismissal of a criminal A: NO. Geralde’s invocation of double jeopardy is improper.
case predicated on the right of the accused to a speedy trial Although the two crimes may have arisen from the same
amounts to an acquittal for failure of the prosecution to set of facts, they are not identical offenses as would make
prove his guilt and bars his subsequent prosecution for the applicable the rule on double jeopardy. The gravamen of
same offense. the offense of the abduction of a woman with her own
consent, who is still under the control of her parents or
Q: Charged by Francisco with libel, Pablo was guardians is "the alarm and perturbance to the parents and
arraigned on January 3, 2000. Pre-trial was dispensed family" of the abducted person, and the infringement of the
with and continuous trial was set for March 7, 8 and 9, rights of the parent or guardian. In cases of seduction, the
2000. On the first setting, the prosecution moved for its gravamen of the offense is the wrong done the young
postponement and cancellation of the other settings woman who is seduced.
because its principal and probably only witness, the
private complainant Francisco, suddenly had to go Moreover, Virginia's filing of a subsequent case against the
abroad to fulfill a professional commitment. The judge accused belies his allegation that she has waived or is
instead dismissed the case for failure to prosecute. estopped from filing the second charge against him.
Would the reversal of the trial court's assailed Neither could she be deemed to have pardoned him, for the
dismissal of the case place the accused in double rules require that in cases of seduction, abduction, rape and
jeopardy? (2000 BAR) acts of lasciviousness, pardon by the offended party, to be
effective, must be expressly given (Rule 110, Sec. 4 of the
Rules of Court, Ruled 110, Sec. 5 of the 1985 Rules on

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Criminal Procedure). Moreover, the length of time it took

her to file the second case is of no moment considering that VIII. CITIZENSHIP
she filed it within the ten (10)-year prescriptive period.
(Art. 90, RPC; Perez v. CA, G.R. No. L-80838, 29 Nov. 1988)
A. WHO ARE FILIPINO CITIZENS

R. RIGHT AGAINST INVOLUNTARY SERVITUDE
(2019, 2015, 2006, 20032001, 1998, 1994 BAR)
Q: Discuss the evolution of the principle of jus

S. RIGHT AGAINST EXCESSIVE FINES, AND CRUEL AND sanguinis as basis of Filipino citizenship under the
INHUMAN PUNISHMENTS 1935, 1973, and 1987 Constitutions. (2015 BAR)
A: Sec. 1, Art. III of the 1935 Constitution adopted the jus

sanguinis principles as the basis of the Filipino citizenship
T. NON-IMPRISONMENT FOR DEBTS if the father is a Filipino citizen. However, Sec. (4), Art. III of
the Constitution provided that if the mother was a Filipino
citizen who lost her Philippine citizenship because of her
marriage to a foreign husband, her children could elect
Q: Sec. 13 of PD 115 (Trust Receipts Law) provides that
Philippine citizenship upon reaching the age of majority.
when the entrustee in a trust receipt agreement fails
to deliver the proceeds of the sale or to return the
Sec.1 (2), Art. III of the 1973 Constitution provided that a
goods if not sold to the entrustee-bank, the entrustee
child born of a father or a mother who is a citizen of the
is liable for estafa under the RPC. Does this provision
Philippines is a Filipino citizen.
not violate the constitutional right against
imprisonment for non-payment of a debt? Explain.
Sec. 2, Art. III of the 1973 Constitution provided that a child
(1993 BAR)
whose father or mother is a Filipino citizen is a Filipino
citizen. Sec.1 (3), Art. IV of the 1987 Constitution provided
A: NO, Section 13 of Presidential Decree No. 115 does not
that a child born before January 17, 1973, of Filipino
violate the constitutional right against imprisonment for
mothers, who elected Philippine citizenship upon reaching
non-payment of a debt. As held in Lee v. Rodil, 175 SCRA
the age of majority under the 1973 Constitution is a
100, P.D. 115 is a valid exercise of police power and is not
natural-born Filipino citizen. (Tecson v COMELEC, G.R. No.
repugnant to the constitutional provision on non-
161434, 03 Mar. 2004)
imprisonment for non-payment of debt. The non-payment
of debt is not the one being punish in the said law, but the
Q: Candidate X, a naturalized Filipino citizen, ran for
violation of a trust receipt committed by disposing of the
Congressman for the Lone District of Batanes. After a
goods covered thereby and failing to deliver the proceeds
close electoral contest, he won by a slim margin of 500
of such sale. This act constitutes violation Art. 315 (1) (b)
votes. His sole opponent, Y, filed an election protest
of the Revised Penal Code.
before the Commission on Election (COMELEC),
position because he is not a natural-born citizen. While
U. EX POST FACTO LAWS AND BILLS OF ATTAINDER the case was pending, X was proclaimed by the
Provincial Election Supervisor of Batanes as the duly
elected Congressman of the province.
V. WRITS OF HABEAS CORPUS, KALIKASAN, HABEAS Distinguish between natural-born and naturalized
DATA, AND AMPARO citizen under the 1987 Constitution. (2019 BAR)
A: Natural-born citizens are those who are citizens of the

Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship. Those
who elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed natural-
born citizens. (Sec.2, Art. IV, 1987 Constitution)
On the other hand, naturalized citizens are those who

acquire Philippine Citizenship through either: 1) Judicial
naturalization under CA 473 or 2) Administrative
Naturalization Law (R.A. 9139). A third option is Derivative
Naturalization, which is available to alien women married

Political Law
to Filipino husbands found under section 15 of CA 473 according to Sec. 1 (2), Art. IV of the 1987 Constitution,
which provides that any woman who is now or may children born of a Filipino mother are Filipino citizens.
hereafter be married to a citizen of the Philippines and who (UPLC Suggested Answers)
might herself be lawfully naturalized shall be deemed a
citizen of the Philippines. (UPLC Suggested Answers) Q: From mainland China where he was born of Chinese
parents, Mr. Nya Tsa Chan migrated to the Philippines
Q: Atty. Emily Go, a legitimate daughter of a Chinese in 1894. As of April 11, 1899, he was already a
father and a Filipino mother, was born in 1945. At 21, permanent resident of the Philippine Islands and
she elected Philippine citizenship and studied law. She continued to reside in this country until his death.
passed the bar examinations and engaged in private During his lifetime and when he was already in the
practice for many years. The Judicial and Bar Council Philippines, Mr. Nya Tsa Chan married Charing, a
nominated her as a candidate for the position of Filipina, with whom he begot one son, Hap Chan, who
Associate Justice of the Supreme Court. But her was born on October 18. 1897. Hap Chan got married
nomination is being contested by Atty. Juris Castillo, also to Nimfa, a Filipina, and one of their children was
also an aspirant to the position. She claims that Atty. Lacqui Chan who was born on September 27. 1936.
Emily Go is not a natural-born citizen, hence, not Lacqui Chan finished the course Bachelor of Science in
qualified to be appointed to the Supreme Court. Is this Commerce and eventually engaged in business. In the
contention correct? (2006 BAR) May 1989 election, Lacqui Chan ran for and was elected
Representative (Congressman). His rival candidate,
A: NO. The contention that Atty. Emily Go is not a natural- Ramon Deloria, filed a quo warranto or
born citizen is not correct. She was born before January 17, disqualification case against him on the ground that he
1973 of a Chinese father and a Filipino mother. She elected was not a Filipino citizen. It was pointed out in
Philippine citizenship when she reached twenty-one years particular, that Lacqui Chan did not elect Philippine
of age. Those who elect Philippine citizenship under Sec. citizenship upon reaching the age of 21.
1(3), Art. IV of the Constitution are natural-born citizens.
(UPLC Suggested Answers) Decide whether Mr. Lacqui Chan suffers from a
disqualification or not. (2001 BAR)
Q: Atty. Richard Chua was born in 1964. He is a
legitimate son of a Chinese father and a Filipino A: Lacqui Chan is a Filipino citizen and need not elect
mother. His father became a naturalized Filipino Philippine citizenship. His father, Hap Chan, was a Spanish
citizen when Atty. Chua was still a minor. Eventually, subject, was residing in the Philippines on April 11, 1899,
he studied law and was allowed by the Supreme Court and continued to reside in the Philippines. In accordance
to take the bar examinations, subject to his submission with Sec. 4 of the Philippine Bill of 1902, he was a Filipino
to the Supreme Court proof of his Philippine citizen. Hence, in accordance with Sec. 1(3) of the 1935
citizenship. Although he never complied with such Constitution, Lacqui Chan is a natural born Filipino citizen,
requirement, Atty. Chua practiced law for many years since his father was a Filipino citizen. (UPLC Suggested
until one Noel Eugenio filed with the Supreme Court a Answers)
complaint for disbarment against him on the ground
that he is not a Filipino citizen. He then filed with the Q: Andres Ang was born of a Chinese father and a
Bureau of Immigration an affidavit electing Philippine Filipino mother in Sorsogon, Sorsogon on January 20,
citizenship. Noel contested it claiming it was filed 1973. In 1988, his father was naturalized as a Filipino
many years after Atty. Chua reached the age of citizen. On May 11, 1998, Andres Ang was elected
majority. Will Atty. Chua be disbarred? Explain. (2006 Representative of the First District of Sorsogon. Juan
BAR) Bonto who received the second highest number of
votes, filed a petition for Quo Warranto against Ang.
A: Atty. William Chua should not be disbarred. In The petition was filed with the HRET. Bonto contends
accordance with Sec. 15 of the Revised Naturalization Act, that Ang is not a natural born citizen of the Philippines
he became a naturalized Philippine citizen when his father and therefore is disqualified to be a member of the
became a Filipino citizen during his minority. Hence, there House.
was no need for him to elect Philippine citizenship. (Co v.
HRET, G.R. No. 92191-92, 30 July 1991) The HRET ruled in favor of Ang. Bonto filed a petition
for certiorari in the Supreme Court. The following issue
Q: Miguel Sin was born a year ago in China to a Chinese is raised: Whether Ang is a natural born citizen of the
father and a Filipino mother. His parents met in Philippines. How should this case be decided? (1998
Shanghai where they were lawfully married just two BAR)
years ago. Is Miguel Sin a Filipino citizen? (2003 BAR)
A: Andres Ang should be considered a natural born citizen
A: YES, Miguel Sin is a Filipino citizen because he is the of the Philippines. He was born of a Filipino mother on
legitimate child of a Filipino mother. Under Sec. 4, Art. IV of January 20, 1973. This was after the effectivity of the 1973
the 1987 Constitution, his mother retained her Philippine Constitution on January 17, 1973. Under Sec. 1, Art. VI of the
citizenship despite her marriage to an alien husband, and 1973 Constitution, those whose fathers or mothers are

2022 GOLDEN NOTES
QuAMTO (1987-2021)
citizens of the Philippines, are citizens of the Philippines. citizenship are enumerated in Commonwealth Act No, 63. A
Andres Ang remained a citizen of the Philippines after the person who possesses dual citizenship like Zeny may
effectivity of the 1987 Constitution. Sec. 1 (1), Art. IV of the exercise rights of citizenship in both countries and the use
1987 Constitution provides that those who are citizens of of a passport pertaining to one country does not result in
the Philippines at the time of the adoption of this loss of citizenship in the other country. (Kawakita v. United
Constitution are considered citizens of the Philippines. States, 343 U.S. 717, 02 June 1952)
(UPLC Suggested Answers)
ALTERNATIVE ANSWER:
Q: In 1989, Zeny Reyes married Ben Tulog, a national of
the State of Kongo. Under the laws of Kongo, an alien Neither, was Zeny qualified to hold the position of vice-
woman marrying a Kongo national automatically president of Philippine Bulletin. Under the Constitution,
acquires Kongo citizenship. After her marriage, Zeny "the ownership and management of mass media shall be
resided in Kongo and acquired a Kongo passport. In limited to citizens, of the Philippines, or to corporation,
1991, Zeny returned to the Philippines to run for cooperatives or associations wholly owned and managed by
Governor of Sorsogon. (1994 BAR) such citizens" (Sec. 9 (1), Art. XVI, 1987 Constitution), Being
a non-Philippine citizen, Zeny cannot qualify to participate
(a) Was Zeny qualified to run for Governor? in the management of the Bulletin as Vice-President thereof.
A: Zeny retained her Filipino citizenship. Since she also
became a citizen of Kongo, she possesses dual citizenship.
Pursuant to Sec. 40 (d) of the Local Government Code, she is B. MODES OF ACQUIRING CITIZENSHIP
disqualified to run for governor. In addition, if Zeny (1999, 1998, 1994, 1989 BAR)
returned to the Philippines, less than a year immediately
before the day of the election, Zeny is not qualified to run
for Governor of Sorsogon. A candidate for governor must be
Q: What are the effects of marriages of: (1989, 1999
a resident in the province where he intends to run at least
BAR)
one (1) year immediately preceding the day of the election.
(Sec. 39(a) of the Local Government Code) By residing in
(a) A citizen to an alien;
Kongo upon her marriage in 1989, Zeny abandoned her
residence in the Philippines. (Caasi v. Court of Appeals, G.R.
A: Filipino citizens who marry aliens retain their
No. 88831, 08 Nov. 1990)
citizenship, unless by their act or omission they are
deemed, under the law, to have renounced it. (Sec.4, Art. IV,
ALTERNATIVE ANSWER:
1987 Constitution)
NO. Zeny was not qualified to run for Governor. Under the
(b) An alien to a citizen; on their spouses and
Constitution, citizens of the Philippines who marry aliens
children? Discuss.
shall retain their citizenship, unless by their act or omission
they are deemed, under the law to have renounced it. (Sec.
A: Under Sec. 15 of the Revised Naturalization Law, a foreign
4, Art. IV, 1987 Constitution) Her residing in Kongo and
woman who marries a Filipino citizen becomes a Filipino
acquiring a Kongo passport are indicative of her
citizen provided she possesses none of the
renunciation of Philippine citizenship, which is a ground for
disqualifications for naturalization. (Mo Ya Lim Yao v.
loss of her citizenship which she was supposed to have
Commissioner of Immigration, G.R. No. L-21289, 04 Oct.
retained. When she ran for Governor of Sorsogon, Zeny was
1971) A foreign man who marries a Filipino citizen does
no longer a Philippine citizen and, hence, was disqualified
not acquire Philippine citizenship. However, under Sec. 3 of
for said position. (UPLC Suggested Answers)
the Revised Naturalization Law, in such a case the residence
requirement for naturalization will be reduced from ten
(b) Suppose instead of entering politics. Zeny just
(10) to five (5) years. The children of an alien and a Filipino
got herself elected as vice-president of the
citizen are citizens of the Philippines. (Sec. 1 (1), Art. IV,
Philippine Bulletin, a local newspaper. Was she
1987 Constitution)
qualified to hold that position?
Q: Lim Tong Biao, a Chinese citizen applied for and was

A: Mass media must be wholly owned by Filipino citizens.
granted Philippine citizenship by the court. He took his
(Sec. 11(1), Art. XVI of the Constitution) Moreover, under Sec.
oath as citizen of the Philippines in July 1963. In 1975,
2 of the Anti-Dummy Law, aliens may not intervene in the
the Office of the Solicitor General filed a petition to
management of any nationalized business activity, Zeny
cancel his Philippine citizenship for the reason that in
may be elected vice president of the Philippine Bulletin,
August 1963, the Court of Tax Appeals found him guilty
because she has remained a Filipino citizen. Under Sec. 4,
of tax evasion for deliberately understating his income
Art. IV of the Constitution, Filipino citizens who marry aliens
taxes for the years 1959-1961. (1998 BAR)
retains their citizenship unless by their act or omission they
are deemed, under the law, to have renounced it. Zeny is not
guilty of any of acts or omission which will result in loss of

Political Law
(a) Could Lim Tong Biao raise the defense of during the pendency of the hearing on said
prescription of the action for cancellation of petition?
his Filipino citizenship?
A: On the assumption that he left a family, the death of Enzo
A: NO, Lim Tong Biao cannot raise the defense of does not render the petition for the cancellation of his
prescription. A decision granting citizenship is not res certificate of naturalization moot. The outcome of the case
judicata and the right of the government to ask for the will affect his wife and children. (ibid.)
cancellation of a certificate cancellation is not barred by the
lapse of time. (Republic vs. Go Bon Lee, G.R. No. L-11499, 20
Apr. 1961) C. LOSS AND RE-ACQUISITION OF PHILIPPINE
CITIZENSHIP
(b) Supposing Lim Tong Biao had availed of the tax (2016, 2014, 2009, 2004, 2003, 2002, 1999, 1992 BAR)
amnesty of the government for his tax
liabilities, would this constitute a valid defense
to the cancellation of his Filipino citizenship?
Q: Cruz, a Filipino by birth, became an American citizen.
In his old age he has returned to the country and wants
A: The fact that Lim Tong Biong availed of the tax amnesty
to become a Filipino again. As his lawyer, enumerate
is not a valid defense to the cancellation of his Filipino
the ways by which citizenship may be reacquired.
citizenship. The tax amnesty does not have the effect of
(2000 BAR)
obliterating his lack of good moral character and
irreproachable conduct which are grounds for
A: Cruz may reacquire Philippine citizenship in the
denaturalization. (Republic vs. Li Yao, G.R. No. L-35947, 20
following ways:
Oct. 1992)
1. By naturalization;
Q: Enzo, a Chinese national, was granted Philippine
2. By repatriation pursuant to Republic Act No. 8171;
citizenship in a decision rendered by the Court of First
and
Instance of Pampanga on January 10, 1956. He took his
3. By direct act of Congress. (Sec. 2 of Commonwealth
oath of office on June 5, 1959. In 1970, the Solicitor
Act No. 63)
General filed a petition to cancel his citizenship on the
ground that in July 1969 the Court of Tax Appeals
Q: Onofre, a natural born Filipino citizen, arrived in the
found that Enzo had cheated the government of income
United States in 1985. In 1990, he married Salvacion, a
taxes for the years 1956 to 1959. Said decision of the
Mexican, and together they applied for and obtained
Tax Court was affirmed by the Supreme Court in 1969.
American citizenship in 2001. In 2015, the couple and
Between 1960 and 1970, Enzo had acquired
their children, Alfred, 21 years of age, Robert, 16, and
substantial real property in the Philippines. (1994
Marie, 14, who were all born in the U.S. returned to the
BAR)
Philippines on June 1, 2015. On June 15, 2015,
informed that he could reacquire Philippine
(a) Has the action for cancellation of Enzo’s
citizenship without losing his American citizenship,
citizenship prescribed?
Onofre went home to the Philippines and took the oath
of allegiance prescribed under R.A. No. 9225.
A: NO, the action has not prescribed. A certificate of
naturalization may be cancelled at any time if it was
On October 28, 2015, he filed a Certificate of Candidacy
fraudulently obtained by misleading the court regarding
to run in the May 9, 2016 elections for the position of
the moral character of the petitioner. (Republic vs. Li Yao,
Congressman in his home province of Pala wan,
G.R. No. L-35947, 20 Oct. 1992)
running against re-electionist Congressman Profundo.
(b) Can Enzo ask for the denial of the petition on

Did Onofre's reacquisition of Philippine citizenship
the ground that he had availed of the Tax
benefit his wife, Salvacion, and their minor children
Amnesty for his tax liabilities?
and confer upon them Filipino citizenship? Explain
A: NO. Enzo cannot ask for the denial of the petition for the
cancellation of his certificate of naturalization on the
A: The reacquisition of Philippine Citizenship by Onofre did
ground that he had availed of the tax amnesty. The tax
not automatically make his American wife, Salvacion, a
amnesty merely removed all the civil, criminal, and
Filipino citizen. Nowhere does Republic Act no. 9225
administrative liabilities of Enzo. It did not obliterate his
provide that the foreign wife of a former Filipino citizen
lack of good moral character and irreproachable conduct.
who reacquired his Filipino citizenship will automatically
(ibid.)
become a Filipino citizen. Robert who is 16 years old, and
Marie, who is 14 years old, also became Filipino citizens.
(c) What is the effect on the petition for
The unmarried children below eighteen years of age, of
cancellation of Enzo's citizenship if Enzo died
those who reacquire Philippine citizenship are also
deemed citizens of the Philippines. (Section 4 of RA 9225)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: Rosebud is a natural-born Filipino woman who got did not extend its benefits to Shirley. She should instead file
married to Rockcold, a citizen of State Frozen. By with the Bureau of Immigration a petition for the
virtue of the laws of Frozen, any person who marries cancellation of her alien certificate of registration on the
its citizens would automatically be deemed its own ground that in accordance with Section 15 of the
citizen. After ten years of marriage, Rosebud, who has Naturalization Law, because of her marriage with Warlito,
split her time between the Philippines and Frozen, she should be deemed to have become a Filipino citizen. She
decided to run for Congress. Her opponent sought her must allege and prove that she possessed none of the
disqualification, however, claiming that she is no disqualification to become a naturalized Filipino citizen.
longer a natural-born citizen. In any event, she could (Burca v. Republic, G.R. No. L-24252, 30 Jan. 1967)
not seek elective position since she never renounced
her foreign citizenship pursuant to the Citizenship (c) Do the children — Johnny, Warlito Jr., and Luisa
Retention and Reacquisition Act (R.A. No. 9225). Is — become Filipino citizens with their father's
Rosebud disqualified to run by reason of citizenship? reacquisition of Philippine citizenship? Explain
(2014 BAR) your answer.
A: Rosebud remained a natural born Filipino citizen even if A: Under Sec. 18 of RA 9225, only the unmarried children
under the laws of the Frozen, she became a citizen of it who are below eighteen years of age of those who reacquire
because of her marriage to Rockcold. Under Sec. 4, Art. IV of Philippine citizenship shall be deemed Filipino citizens.
the Constitution, she retained her Philippine citizenship. Thus, only Luisa, who is seventeen years old, became a
Filipino citizen.
Rosebud cannot seek elective office. Under Sec. 5 (2) of R.A.
No. 9225, even those who retained the Philippine Q: TCA, a Filipina medical technologist, left in 1975 to
citizenship by birth and acquired foreign citizenship by work in ZOZ State. In 1988 she married ODH, a citizen
virtue of marriage to a foreign spouse are required to of ZOZ. Pursuant to ZOZ's law, by taking an oath of
renounce their foreign citizenship. (Sobejana-Condon v. allegiance, she acquired her husband’s citizenship.
COMELEC, G.R. No. 198742, 10 Aug. 2012; UPLC Suggested
Answers) ODH died in 2001, leaving her financially secured. She
returned home in 2002, and sought elective office in
Q: Warlito, a natural-born Filipino, took up permanent 2004 by running for Mayor of APP, her hometown. Her
residence in the United States, and eventually acquired opponent sought to have her disqualified because of
American citizenship. He then married Shirley, an her ZOZ citizenship. She replied that although she
American, and sired three children. In August 2009, acquired ZOZ’s citizenship because of marriage, she did
Warlito decided to visit the Philippines with his wife not lose her Filipino citizenship. Both her parents, she
and children: Johnny, 23 years of age; Warlito, Jr., 20; said, are Filipino citizens.
and Luisa, 17.
Is TCA qualified to run for Mayor? (2004 BAR)
While in the Philippines, a friend informed him that he
could reacquire Philippine citizenship without A: On the assumption that TCA took an oath of allegiance to
necessarily losing U.S. nationality. Thus, he took the ZOZ to acquire the citizenship of her husband, she is not
oath of allegiance required under R.A. 9225. (2009 qualified to run for mayor. She did not become a citizen of
BAR) ZOZ merely by virtue of her marriage; she also took an oath
of allegiance to ZOZ. By this act, she lost her Philippine
(a) Having reacquired Philippine citizenship, is citizenship. (Sec. 1(3), Commonwealth Act No. 63)
Warlito a natural-born or a naturalized Filipino
citizen today? Explain your answer. Q: Juan Cruz was born of Filipino parents in 1960 in
Pampanga. In 1985, he enlisted in the U.S. Marine Corps
A: Warlito is a natural-born Filipino citizen. Repatriation of and took an oath of allegiance to the United States of
Filipinos results in the recovery of his original nationality. America. In 1990, he was naturalized as an American
Since Warlito was a natural-born citizen before he lost his citizen. In 1994, he was repatriated under Republic Act
Philippine citizenship, he was restored to his former status No. 2430. During the 1998 National Elections, he ran for
as a natural-born Filipino citizen. (Bengson v. HRET, G.R. No. and was elected representative of the First District of
142840, 07 May 2001) Pampanga where he resided since his repatriation. Was
he qualified to run for the position? Explain. (2003
(b) With Warlito having regained Philippine BAR)
citizenship, will Shirley also become a Filipino
citizen? If so, why? If not, what would be the A: Cruz was qualified to run as representative of the First
most speedy procedure for Shirley to acquire District of Pampanga. Since his parents were Filipino
Philippine citizenship? Explain. citizens, he was a natural born citizen. Although he became
a naturalized American citizen, by virtue of his repatriation,
A: Shirley will not become a Filipino citizen, because under Cruz was restored to his original status as a natural-born
RA 9225, Warlito’s reacquisition of Philippine citizenship

Political Law
Filipino citizen. (Bengson v. HRET, G.R. No. 142840, 07 May A: If Nicasio was born in the United States, he would still be
2001) a citizen of the Philippines, since his parents are Filipinos.
Under Sec. 1(2), those whose fathers or mothers are
Q: A was born in the Philippines of Filipino parents. citizens of the Philippines are citizens of the Philippines.
When martial law was declared in the Philippines on Nicasio would possess dual citizenship, since under
September 21, 1972, he went to the United States and American Law persons born in the United States are
was naturalized as an American citizen. After the EDSA American citizens. A person who possesses both Philippine
Revolution, he came home to the Philippines and later and American citizenship is still a Filipino and does not lose
on reacquired Philippine citizenship by repatriation. his Philippine citizenship unless he renounces it. (Aznar vs.
Suppose in the May 2004 elections he is elected COMELEC, G.R. No. 83820, 25 May 1990)
Member of the House of Representatives and a case is
filed seeking his disqualification on the ground that he
is not a natural-born citizen of the Philippines, how D. DUAL CITIZENSHIP AND DUAL ALLEGIANCE
should the case against him be decided? Explain your
answer. (2002 BAR)
Q: TRUE or FALSE. Dual citizenship is not the same as

Q: Julio Hortal was born of Filipino parents. Upon
dual allegiance. (2009 BAR)
reaching the age of majority, he became a naturalized
citizen in another country. Later, he reacquired
A: TRUE. Dual citizenship arises when, as a result of the
Philippine citizenship. Could Hortal regain his status as
concurrent application of the different laws of two or more
natural born Filipino citizen? Would your answer be
states, a person is simultaneously considered a national by
the same whether he reacquires his Filipino citizenship
those states and is involuntary. On the other hand, dual
by repatriation or by act of Congress? Explain. (1999
allegiance refers to the situation in which a person
BAR)
simultaneously owes by some positive and voluntary act,
loyalty to two or more states. (Mercado v. Manzano, G.R. No.
A: Julio Mortal can regain his status as a natural born citizen
135083, 26 May 1999)
by repatriating. Since repatriation involves restoration of a
person to citizenship previously lost by expatriation and
Julio Mortal was previously a natural born citizen, in case he
repatriates he will be restored to his status as a natural born
citizen. If he reacquired his citizenship by an act of
Congress, Julio Hortal will not be a natural born citizen,
since he reacquired his citizenship by legislative
naturalization. (UPLC Suggested Answers)
A: The case should be decided in favor of A. Repatriation

results in the recovery of the original nationality. Since A
was a natural-born Filipino citizen before he became a
naturalized American citizen, he was restored to his former
status as a natural-born Filipino when he repatriated.
(Bengson v. HRET, G.R. No. 142840, 07 May 2001)
Q: Edwin Nicasio, born in the Philippines of Filipino

parents and raised in the province of Nueva Ecija, ran
for Governor of his home province. He won and he was
sworn into office. It was recently revealed, however,
that Nicasio is a naturalized American citizen. (1992
BAR)
(a) Does he still possess Philippine citizenship?
A: NO, Nicasio no longer possesses Philippine citizenship.

By becoming a naturalized American citizen, Nicasio lost
his Philippine citizenship. (Frivaldo vs. Commission on
Elections, G.R No. 120295, 28 June 1996) Philippine
citizenship is lost by naturalization in a foreign country.
(Sec. 1(1), Commonwealth Act No. 63)
(b) If Nicasio was born in the United States, would

he still be a citizen of the Philippines?

2022 GOLDEN NOTES
QuAMTO (1987-2021)
public disclosure of all its transactions involving

IX. LAW ON PUBLIC OFFICERS public interest. (Sec. 28, Art. II, 1987 Constitution)
2. The right of the people to information on matters

of public concern shall be recognized. Access to
official records, and to documents, and papers
A. GENERAL PRINCIPLES pertaining to official acts, transactions, or
(2018, 2000, 1997, 1989 BAR) decisions, as well as to government research data
used as basis for policy development, shall be
afforded to citizen, subject to such limitations as
Q: State whether or not the following acts are may be provided by law. (Sec. 7, Art. III, 1987
constitutional: (2018 BAR) Constitution)
(a) A law requiring all candidates for national or 3. The records and books of accounts of the Congress
local elective offices to be college degree shall be preserved and be open to the public in
holders accordance with law, and such books shall be
audited by the Commission on Audit which shall
A: The law requiring all candidates for national or local publish annually an itemized list of amounts paid
elective offices to be college degree holders should be to and expenses incurred for each Member. (Sec.
considered as unconstitutional with respect to national 20, Art. VI, 1987 Constitution)
elective offices, because it is not one of the qualifications
specifically required for these offices. The qualifications for 4. The Office of the Ombudsman shall have the
these positions under the Constitution are exclusive in following powers, functions, and duties: (6)
character and the Congress would be incompetent to Publicize matters covered by its investigation
prescribe this requirement as an additional qualification for when circumstances so warrant and with due
candidates for national elective office. This additional prudence. (Sec. 12, Art. XI, 1987 Constitution)
requirement would, however, be valid with respect to
candidates for local elective posts. (Social Justice Society v. 5. A public officer or employee shall, upon
Dangerous Drugs Board, G.R. No. 157870, 03 Nov. 2008) assumption of office, and as often as thereafter may
be required by law, submit a declaration under
(b) The designation by the President of an acting oath of his assets, liabilities, and net worth. In the
Associate Commissioner of the Civil Service case of the President, the Vice President, the
Commission; Members of the Cabinet, the Congress, the Supreme
Court, the Constitutional Commissions and other
A: Such designation is unconstitutional because the constitutional offices, and officers of the armed
Constitution provides that no person shall be appointed or forces with general or flag rank, the declaration
designated in any of the constitutional commissions in a shall be disclosed to the public in the manner
temporary or acting capacity. (Sec. 1 (2), Art. IX-B, Sec. 2, Art. provided by law. (Sec. 17, Art XI, 1987 Constitution)
IX-C, Sec. 2 Art. IX-D, 1987 Constitution)
6. Information on foreign loans obtained or
(c) The appointment by the President as Deputy guaranteed by the Government shall be made
Ombudsman of a lawyer who has been engaged available to the public. (Sec. 21 Art. XII, 1987
in the practice of law for five years. Constitution) The purpose of the policy is to protect
the people from abuse of governmental power. If
A: The appointment can be upheld, because only the access to information of public concern is denied,
Ombudsman is required under the Constitution to have the postulate public office is a public trust would be
been engaged in the practice of law for at least ten years mere empty words. (Valmonte v. Belmonte, G.R. No.
prior to his appointment. (Sec.8, Art. XI, 1987 Constitution) 74930, 13 Feb. 1989)
Q: State at least three constitutional provisions

reflecting the State policy on transparency in matters of B. KINDS OF APPOINTMENT
public interest. What is the purpose of said policy? (2019, 2017, 2003, 1994 BAR)
(2000, 1997, 1989 BAR)
A: The following are the constitutional provisions reflecting

Q: What is the nature of an “acting appointment" to a
the State policy on transparency in matters of public
government office? Does such an appointment give the
interest:
appointee the right to claim that the appointment will,
in time, ripen into a permanent one? Explain. (2003
1. Subject to reasonable conditions prescribed by law,
BAR)
the State adopts and implements a policy of full

Political Law
A: According to Sevilla v. Court of Appeals (G.R. No. 88498, 09 term of office. The period from the time the ad interim
June 1992), an acting appointment is merely temporary. As appointment is made to the time it lapses is neither a fixed
held in Marohombsar v. Alonto (G.R. No. 93711, 25 Feb. term nor an unexpired term.
1991), a temporary appointment cannot become a
permanent appointment, unless a new appointment which Q: The President appoints the Vice President as his
is permanent is made. This holds true unless the acting Administration's Housing Czar, a position that requires
appointment was made because of a temporary vacancy. In the appointee to sit in the Cabinet. Although the
such a case, the temporary appointee holds office until the appointment of the members of the Cabinet requires
assumption of office by the permanent appointee. confirmation by the Commission on Appointment (CA),
the Office of the President does not submit the
Q: A was appointed by the President as a Commissioner appointment to the CA. May the Vice President validly
of the Commission on Election (COMELEC) while sit in the Cabinet? (2017 BAR)
Congress was not in session. Pending confirmation of
his appointment by the Commission on Appointments, A: The Vice President may validly sit in the Cabinet even if
A started to perform his official functions in the he was not confirmed by the Commission on Appointments.
COMELEC, such as attending en banc sessions, hearing Under Article VII, Sec. 3 of the Constitution, the
election protests, signing Resolutions, issuing Orders, appointment of the Vice President as cabinet member
and appearing before Congress during budget hearings. requires no confirmation. (Araullo v. Aquino III, G.R. No.
209287, 01 July 2014)
Atty. B questioned before the Supreme Court the
exercise of official functions by A, stating that his ad Q: In December 1988, while Congress was in recess, A
interim appointment is not a permanent appointment was extended an ad interim appointment as Brigadier
but a temporary one pending confirmation by the General of the Philippine Army. In February 1989,
Commission on Appointments, and thus, prohibited when Congress was in session, B was nominated as
under Article IX-C of the 1987 Constitution which states Brigadier General of the Philippine Army. B’s
that in no case shall any Member of the COMELEC be nomination was confirmed on August 5, 1989 while A’s
appointed or designated in a temporary or acting appointment was confirmed on September 5, 1989.
capacity. (2019 BAR) (1994 BAR)
(a) Is Atty. B’s contention correct? Explain. (a) Who is deemed more senior of the two, A or B?
A: NO, B’s contention is not correct. An ad interim A: A is senior to B. The ad interim appointment extended to
appointment is a permanent appointment because it takes A is permanent and is effective upon his acceptance
effect immediately and can no longer be withdrawn by the although it is subject to confirmation by the Commission on
President once the appointee has qualified into office. The Appointments. (Summers vs. Ozaeta, G.R. No. L-1534, 25 Oct.
fact that it is subject to confirmation by the Commission on 1948)
Appointments does not alter its permanent character.
(b) Suppose Congress adjourned without the
The Constitution itself makes an ad interim appointment Commission on Appointments acting on both
permanent in character by making it effective until appointments, can A and B retain their original
disapproved by the Commission on Appointments or until ranks of colonel?
the next adjournment of Congress. (Matibag v Benipayo, G.R.
No. 149036, 02 Apr. 2002) A: If Congress adjourned without the appointments of A and
B having been confirmed by the Commission on
(b) If the Commission on Appointments by-passed Appointments, A cannot return to his old position. By
the confirmation of A, can he still be accepting an ad interim appointment to a new position, A
reappointed by the President? Explain. waived his right to hold his old position. On the other hand,
since B did not assume the new position, he retained his old
A: YES, the President can continue to reappoint A. Under the position. (ibid.)
Rules of the Commission on Appointments, a by-passed
appointment can be considered again if the President
renews the appointment. The prohibition on C. DISABILITIES AND INHIBITIONS OF PUBLIC
reappointment in Sec. 1 (2), Art. IX-C of the Constitution OFFICERS
applies neither to disapproved nor by-passed ad interim
appointments. A by-passed ad interim appointment can be
revived by a new ad interim appointment because there is
Q: X was elected provincial governor for a term of three
no final disapproval under Section 16, Article VII of the
years. He was subsequently appointed by the President
Constitution, and such new appointment will not result in
of the Philippines serving at her pleasure, as
the appointee serving beyond the fixed term of seven years.
concurrent Presidential Assistant for Political Affairs in
An ad interim appointment that has lapsed by inaction of
the Office of the President, without additional
the Commission on Appointments does not constitute a
compensation. Is X’s appointment valid? (2002 BAR)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: The appointment of X is not valid, because the position of A: Since the Municipal Mayor is temporarily incapacitated
Presidential Assistant for Political Affairs is a public office. to perform his duties, in accordance with Section 46(a) of
Article IX-B Section 7 of the Constitution provides that no the Local Government Code, the Municipal Vice- Mayor shall
elective official shall be eligible for appointment or exercise his powers and perform his duties and functions.
designation in any capacity to any public office or position The Municipal Vice-Mayor will be performing executive
during his tenure. Since an elective official is ineligible for functions, because the functions of the Municipal Mayor are
an appointive position, his appointment is not valid. (Flores executive.
v. Drilon, G.R. No. 104732, 22 June 1993)
(b) Will B at the same time be also performing
Q: M is the Secretary of the Department of Finance. He legislative functions as presiding officer of the
is also an ex-officio member of the Monetary Board of Sangguniang Bayan? Why?
the Bangko Sentral ng Pilipinas from which he receives
an additional compensation for every Board meeting A: The Municipal Vice-Mayor cannot continue as presiding
attended. N, a taxpayer, filed a suit in court to declare officer of the Sangguniang Bayan while he is acting
Secretary M’s membership in the Monetary Board and Municipal Mayor.
his receipt of additional compensation illegal and in
violation of the Constitution. N invoked Article VII, In accordance with Gamboa v. Aguirre (G.R. No. 134213, 20
Section 13 of the Constitution which provides that the July 1999), under the Local Government Code, the Vice-
President, Vice- President, the Members of the Cabinet, Municipal Mayor was deprived of the power to preside over
and their deputies or assistants shall not, unless the Sangguniang Bayan and is no longer a member of it. The
otherwise provided in the Constitution, hold any other temporary vacancy in the office of the Municipal Mayor
office or employment during their tenure. N also cited creates a corresponding temporary vacancy in the Office of
Article IX-B, Section 8 of the Constitution, which the Municipal Vice-Mayor when he acts as Municipal Mayor.
provides that no elective or appointive public officer or This constitutes inability on his part to preside over the
employee shall receive additional, double, or indirect sessions of the Sangguniang Bayan.
compensation, unless specifically authorized by law. If
you were the judge, how would you decide the
following: (2002 BAR) D. POWERS AND DUTIES OF PUBLIC OFFICERS
(a) The issue regarding the holding of multiple

positions?
A: If I were the judge, I would uphold the validity of the E. DE FACTO VS DE JURE OFFICERS
designation of Secretary M as ex officio member of the
Monetary Board. The prohibition against the holding of
multiple positions by Cabinet Members in Article VII, Q: AVE ran for Congressman of QU province. However,
Section 13 of the Constitution does not apply to positions his opponent, BART, was the one proclaimed and
occupied in an ex officio capacity as provided by law and as seated as the winner of the election by the COMELEC.
required by the primary functions of their office. (Civil AVE filed seasonably a protest before HRET (House of
Liberties Union v. Executive Secretary, G.R. No. 83896, 22 Feb. Representatives Electoral Tribunal). After two years,
1991) HRET reversed the COMELEC's decision and AVE was
finally proclaimed the duly elected Congressman. Thus,
(b) The issue on the payment of additional or he had only one year to serve in Congress. Can AVE
double compensation? Explain your answers collect salaries and allowances from the government
fully. for the first two years of his term as Congressman?
Should BART refund the government the salaries and
A: If I were the judge, I would rule that Secretary M cannot allowances he had received as Congressman? What will
receive any additional compensation. A Cabinet Member happen to the bills that BART alone authored and were
holding an ex- officio position has no right to receive approved by the House of Representatives while he was
additional compensation, for his services in that position seated as Congressman? Reason and explain briefly.
are already paid for by the compensation attached to his (2004 BAR)
principal office. (Civil Liberties Union v. Executive Secretary,
G.R. No. 83896, 22 Feb. 1991) A: AVE cannot collect salaries and allowances from the
government for the first two years of his term because
Q: Suppose A, a Municipal Mayor, went on a sick leave BART collected the salaries and allowances. BART was a de
to undergo medical treatment for a period of four (4) facto officer while he had the office. Allowing AVE to collect
months. During that time: (2002 BAR) the salaries and allowances will make the government pay
a second time. (Mechem, 1890) BART is not required to
(a) Will B, the Municipal Vice-Mayor, be refund the government the salaries and allowances he
performing executive functions? Why? received. As a de facto officer, he is entitled to salaries and
allowances because he rendered services during his

Political Law
incumbency. (Rodriguez v. Tan, G.R. No. L-3913, 07 Aug. executed pending appeal. The CSC rendered a decision
1952) The bills that BART alone authored and was which modified the appealed decision by imposing only
approved by the House of Representatives are valid because a penalty of reprimand, and which decision became
he was a de facto officer during his incumbency. The acts of final. (2001 BAR)
a de facto officer are valid insofar as the public is concerned.
(People v. Garcia, G.R. No. 126252, 30 Aug. 1999) (a) Can Alfonso Belt claim salary for the period that
his case was pending investigation? Why?
F. THE CIVIL SERVICE A: Alfonso Beit cannot claim any salary for the period of his
preventive suspension during the pendency of the
investigation. As held in Gloria v. Court of Appeals (G.R. No.
131012, 21 Apr. 1999), under Section 52 of the Civil Service
Law, the provision for payment of salaries during the period
G. ACCOUNTABILITY OF PUBLIC OFFICERS of preventive suspension during the pendency of the
(2019, 2017, 2013, 2012, 2010, investigation has been deleted. The preventive suspension
2004, 2003, 2001, 1999 BAR)
was not a penalty. Its imposition was lawful, since it was
authorized by law.
1. DISCIPLINE (b) Can he claim salary for the period that his case
was pending appeal? Why?
a. GROUNDS
A: If the penalty was modified because Alfonso Beit was
b. JURISDICTION exonerated of the charge that was the basis for the decision
ordering his dismissal, he is entitled to back wages,
c. DISMISSAL, PREVENTIVE SUSPENSION, otherwise, this would be tantamount to punishing him after
REINSTATEMENT AND BACK SALARIES exoneration from the charge which caused his dismissal.
(Gloria v. Court of Appeals, G.R. No. 131012, 21 Apr. 1999) If
Q: Maximino, an employee of the Department of he was reprimanded for the same charge which was the
Education, is administratively charged with dishonesty basis of the decision ordering his dismissal, Alfonso Belt is
and gross misconduct. During the formal investigation not entitled to back wages, because he was found guilty, and
of the charges, the Secretary of Education preventively the penalty was merely commuted. (Dela Cruz v. Court of
suspended him for a period of 60 days. On the 60th day Appeals, G.R. No. 126183, 25 Mar. 1999)
of the preventive suspension, the Secretary rendered a
verdict, finding Maximino guilty, and ordered his d. CONDONATION DOCTRINE
immediate dismissal from the service. Maximino
Q: Mayor X and his City Administrator, Y, are political
appealed to the Civil Service Commission (CSC), which
buddies who assumed their respective offices in 2010.
affirmed the Secretary’s decision. Maximino then
Sometime in January 2012, Y proposed to Mayor X the
elevated the matter to the Court of Appeals (CA). The CA
entry into a ₱5,000,000.00 loan agreement with ABC
reversed the CSC decision, exonerating Maximino. The
Foundation, a non-stock and non-profit organization in
Secretary Of Education then petitions the Supreme
which the two had a long-standing personal
Court (SC) for the review of the CA decision. Is the
involvement. The loan agreement was duly executed in
Secretary of Education a proper party to seek the
the same year but was never authorized and approved
review of the CA decision exonerating Maximino?
by the Sangguniang Panlungsod. It was further found
Reasons. (2010 BAR)
that the same constituted a fraudulent scheme to
defraud the City Government.
A: The Secretary of Education is not the proper party to seek
a review of the decision of the Court of Appeals, because he
Meanwhile. Mayor X won another term during the May
is the one who heard the case and imposed the penalty.
2013 Elections and Y continued on as his City
Being the disciplinary authority, the Secretary of Education
Administrator. A year after, or in May 2014,
should be impartial and should not actively participate in
administrative charges for grave misconduct, serious
prosecuting Maximino. (National Appellate Board of the
dishonesty, and conduct prejudicial to the best interest
National Police Commission v. Mamauag, G.R. No. 149999, 12
of the service were filed against them before the Office
Aug. 2005)
of the Ombudsman. In defense, Mayor X argued that his
subsequent reelection in May 2013 absolved him from
Q: Alfonso Beit, a supply officer in the Department of
any administrative liability for any alleged anomalous
Science and Technology (DOST), was charged
activity during his first term in office.
administratively. Pending investigation, he was
preventively suspended for 90 days. The DOST Y raised the same defense of condonation, having been
Secretary found him guilty and meted him the penalty retained by Mayor X as City Administrator for a second
of removal from office. He appealed to the Civil Service term. On December 10, 2015, the Ombudsman
Commission (CSC). In the meantime, the decision was

2022 GOLDEN NOTES
QuAMTO (1987-2021)
rendered its ruling in the case, finding both Mayor X session days thereafter. The Committee, after
and Y administratively liable. Citing the Supreme hearing, and by a majority vote of all its Members,
Court’s Decision in Carpio-Morales v. Court of Appeals shall submit its report to the House within sixty
(G.R. Nos. 217126-27), which was initially promulgated session days from such referral, together with the
on November 10, 2015, the Ombudsman rejected their corresponding resolution. The resolution shall be
defense of condonation. With the motions for calendared for consideration by the House within
reconsideration of Mayor X and Y having been denied ten session days from receipt thereof.
by the Ombudsman on March 10, 2016, they elevated
the matter to the Court of Appeals. (2019 BAR) 3) A vote of at least one-third of all the Members of the
House shall be necessary either to affirm a
(a) Did the Ombudsman err in not giving credence favorable resolution with the Articles of
to the defense of condonation as raised by Impeachment of the Committee, or override its
Mayor X? Explain. contrary resolution. The vote of each Member shall
be recorded.
A: YES, the Ombudsman erred in not giving credence to the
defense. Although in Carpio-Morales v Court of Appeals 4) In case the verified complaint or resolution of
abandoned the condonation doctrine, the Supreme Court impeachment is filed by at least one-third of all the
also pronounced that such ruling may not be applied Members of the House, the same shall constitute
retroactively, for the reason that judicial decisions applying the Articles of Impeachment, and trial by the Senate
or interpreting the laws or the Constitution, until reversed, shall forthwith proceed.
shall form part of the legal system of the Philippines. 5) No impeachment proceedings shall be initiated
Considering that the acts of Mayor X were committed in against the same official more than once within a
2013, before the Carpio-Morales case, Mayor X can still period of one year.
validly invoke the condonation doctrine. (Office of the
Ombudsman v Vergara, G.R. No. 216871, 06 Dec. 2017) 6) The Senate shall have the sole power to try and
decide all cases of impeachment. When sitting for
(b) How about Y? Can he validly invoke the that purpose, the Senators shall be on oath or
condonation doctrine to absolve him of the affirmation. When the President of the Philippines
charge? Explain. is on trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person shall be
A: NO, the condonation doctrine only applies to elective
convicted without the concurrence of two-thirds of
officials. Y, being the City Administrator, is an appointive
all the Members of the Senate.
official and can therefore not validly invoke the doctrine.
(Carpio-Morales v Court of Appeals, G.R. Nos. 217126-27, 10
Judgment in cases of impeachment shall not extend further
Nov. 2015).
than removal from office and disqualification to hold any
office under the Republic of the Philippines, but the party
2. IMPEACHMENT convicted shall nevertheless be liable and subject to
(2019, 2017, 2013, 2012, 1999 BAR) prosecution, trial, and punishment, according to law.
(Sections 5 to 14, Article XI of the 1987 Constitution, in
Q: Who are the impeachable officers under the 1987 relation to R.A. No. 6770, or otherwise known as "The
Constitution? Briefly explain the process of impeaching Ombudsman Act of 1989.")
them thereunder. (2017, 2019 BAR)
Q: What are the grounds for impeachment. Explain.
A: Sec. 2, Art. XI of the 1987 Constitution provides that the (2013, 2012, 1999 BAR)
following are impeachable officers: The President, the Vice-
President, the Members of the Supreme Court, the Members A: Under Sec. 2, Art. XI of the Constitution, the grounds for
of the Constitutional Commissions, and the Ombudsman. impeachment are:
The process of impeachment is provided for in Sec. 3, Art. XI 1. Culpable violation of the Constitution – means
of the 1987 Constitution. It states the following: intentional violation of the Constitution and not
violations committed in good faith.
1) The House of Representatives shall have the 2. Treason – the same meaning as in the Revised
exclusive power to initiate all cases of Penal Code
impeachment. 3. Bribery – the same meaning as in the Revised Penal
Code
2) A verified complaint for impeachment may be filed 4. Graft and Corruption – refers to prohibited acts
by any Member of the House of Representatives or enumerated in the Anti-Graft and Corrupt Practices
by any citizen upon a resolution or endorsement by Act.
any Member thereof, which shall be included in the 5. Other High Crimes – refers to offenses that strike at
Order of Business within ten session days, and the very life or orderly working of the government.
referred to the proper Committee within three

Political Law
6. Betrayal of Public Trust – refers to any violation of Q: CTD, a Commissioner of the National Labor Relations
the oath of office. (Cruz, 1998; Bernas, 1996) Commission (NLRC), sports a No. 10 car plate. A
disgruntled litigant filed a complaint against him for
3. THE OMBUDSMAN violation of the Anti-Graft and Corrupt Practices Act
(2019, 2017, 2012, 2004, 2003 BAR) before the Ombudsman. CTD now seeks to enjoin the
Ombudsman in a petition for prohibition, alleging that
he could be investigated only by the Supreme Court
Q: May a complaint for disbarment against the
under its power of supervision granted in the
Ombudsman prosper during her incumbency? Explain
Constitution. He contends that under the law creating
your answer. (2019, 2017 BAR)
the NLRC, he has the rank of a Justice of the Court of
Appeals, and entitled to the corresponding privileges.
A: NO. This is because the ultimate effect is to remove him
Hence, the OMB has no jurisdiction over the complaint
from office, circumventing the provision on removal by
against him. Should CTD's petition be granted or
impeachment thus violating his security of tenure. (In Re:
dismissed? Reason briefly. (2004 BAR)
First Indorsement from Hon. Raul Gonzalez, A.M. No. 88-4-
5433, 15 Apr. 1988) An impeachable officer who is a
A: The petition of CTD should be dismissed. Sec. 21 of the
member of the Philippine bar cannot be disbarred first
Ombudsman Act vests the Office of the Ombudsman with
without being impeached. (Jarque v. Desierto, A.C. No. 4509,
disciplinary authority over all elective and appointive
05 Dec. 1995)
officials of the government, except officials who may be
removed only by impeachment, Members of Congress and
Q: Judge Red is the Executive Judge of Green City. Red is
the Judiciary. While CTD has the rank of a Justice of the
known to have corrupt tendencies and has a reputation
Court of Appeals, he does not belong to the Judiciary but to
widely known among practicing lawyers for accepting
the Executive Department. This simply means that he has
bribes. Ombudsman Grey, wishing to "clean up" the
the same compensation and privileges as a Justice of the
government from errant public officials, initiated an
Court of Appeals. If the Supreme Court were to investigate
investigation on the alleged irregularities in the
CTD, it would be performing a non-judicial function. This
performance of duties of Judge Red. (2012 BAR)
will violate the principle of separation of powers. (Noblejas
v. Teehankee, G.R. No. L-28790, 29 Apr. 1968)
(a) Judge Red refused to recognize the authority of
the Office of the Ombudsman over him because
Q: Director WOW failed the lifestyle check conducted by
according to him, any administrative action
the Ombudsman's Office because WOW’s assets were
against him or any court official or employee
grossly disproportionate to his salary and allowances.
falls under the exclusive jurisdiction of the
Moreover, some assets were not included in his
Supreme Court. Decide with reasons.
Statement of Assets and Liabilities. He was charged of
graft and corrupt practices and pending the completion
A: Since the complaint refers to the performance of the
of investigations, he was suspended from office for six
duties of Judge Red, Ombudsman Grey should not act on it
months. (2004 BAR)
and should refer it to the Supreme Court. His investigation
will encroach upon the exclusive power of administrative
(a) Aggrieved, WOW petitioned the Court of
supervision of the Supreme Court over all courts. (Maceda
Appeals to annul the preventive suspension
v. Vasquez, G.R. No. 102781, 22 Apr. 1993)
order on the ground that the Ombudsman could
only recommend but not impose the
(b) Does the Ombudsman have authority to
suspension. Moreover, according to WOW, the
conduct investigation over crimes or offenses
suspension was imposed without any notice or
committed by public officials that are NOT in
hearing, in violation of due process. Is the
connection or related at all to the official’s
petitioner's contention meritorious? Discuss
discharge of his duties and functions? Explain.
briefly.
A: The Ombudsman can investigate crimes or offenses

A: The contention of Director WOW is not meritorious. The
committed by public officers which are not connected with
suspension meted out to him is preventive and not punitive.
the performance of their duties. Under Section 13(1),
Sec. 24 of R.A. No. 6770 grants the Ombudsman the power to
Article XI of the Constitution, the Ombudsman can
impose preventive suspension up to six months. Preventive
investigate any act or omission of a public official which is
suspension maybe imposed without any notice or hearing.
illegal. (Deloso v. Domingo, G.R. No. 90591, 21 Nov. 1990)
It is merely a preliminary step in an administrative
investigation and is not the final determination of the guilt
(c) Who are required by the Constitution to submit
of the officer concerned. (Garcia v. Mojica, G.R. No. 139043,
a declaration under oath of his assets,
10 Sept. 1999)
liabilities, and net worth?
(b) For his part, the Ombudsman moved to dismiss

A: All public officers and employees are required to submit
WOW’s petition. According to the Ombudsman
a declaration under oath of their assets, liabilities and net
the evidence of guilt of WOW is strong, and
worth. (Sec. 17, Art. XI, 1987 Constitution)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
petitioner failed to exhaust administrative ALTERNATIVE ANSWER:

remedies. WOW admitted he filed no motion for
reconsideration, but only because the order The act is constitutional. Although a Commission of any of
suspending him was immediately executory. the Constitutional Commissions is removable only through
Should the motion to dismiss be granted or not? impeachment, this rule does not preclude the Ombudsman
Discuss briefly. from conducting an investigation into the alleged serious
misconduct committed by impeachable officials for the
A: The motion to dismiss should be denied. Since the purpose of filing a verified complaint for impeachment. (Sec.
suspension of Director WOW was immediately executory, 22, RA 6770; Carpio-Morales v. CA, GR 217126-27, 10 Nov.
he would have suffered irreparable injury had he tried to 2015)
exhaust administrative remedies before filing a petition in
court (University of the Philippines Board of Regents v. Rasul, ALTERNATIVE ANSWER:
200 SCRA 685). Besides, the question involved is purely
legal. (Azarcon v. Bunagan, G.R. No. 124611, 20 Mar. 2003) The act is unconstitutional since serious misconduct is not
a ground for impeachment. Given the limited facts of the
Q: A group of losing litigants in a case decided by the case, it cannot be assumed that serious misconduct in this
Supreme Court filed a complaint before the case amounts to betrayal of public trust.
Ombudsman charging the Justices with knowingly and
(b) A law prohibiting any court, other than the
deliberately rendering an unjust decision in utter
Supreme Court, from issuing a writ of
violation of the penal laws of the land. Can the
injunction against an investigation being
Ombudsman validly take cognizance of the case?
conducted by the Ombudsman.
Explain. (2003 BAR)
A: The law is unconstitutional. The power to issue
A: No, the Ombudsman cannot entertain the complaint.
injunctive writs is part of judicial power. The rules
pursuant to the principle of separation of powers, the
governing the exercise of this power are within the powers
correctness of the decisions of the Supreme Court as final
of the Supreme Court to promulgate. The law therefore is an
arbiter of all justiciable disputes is conclusive upon all other
encroachment of the Court's rule-making power. (Carpio-
departments of the government; the Ombudsman has no
Morales v CA, GR 217126- 27, 10 Nov. 2015)
power to review the decisions of the Supreme Court by
entertaining a complaint against the Justices of the Supreme (c) A law prohibiting any appeal from the decision
Court for knowingly rendering an unjust decision. (In re: or final order of the Ombudsman in an
Laureta v. Court of Appeals G.R. No. L-68635, 12 Mar. 1987) administrative proceeding, except through a
petition for review on certiorari filed before the
ALTERNATIVE ANSWER: Supreme Court.
Sec. 1, Art. XI of the 1987 Constitution provides that public A: The law is unconstitutional. In Fabian v. Desierto (G.R. No.
officers must at all times be accountable to the people. Sec. 129742, 16 Sept. 1998), the Court invalidated Sec. 27 of R.A.
22 of the Ombudsman Act provides that the Office of the No. 6770 insofar as it provided for appeal by certiorari
Ombudsman has the power to investigate any serious under Rule 45 from the decisions or orders of the
misconduct allegedly committed by officials removable by Ombudsman in administrative cases. Sec. 27 of R.A. No. 6770
impeachment for the purpose of filing a verified complaint had the effect, not only of increasing the appellate
for impeachment if warranted. The Ombudsman can jurisdiction of the Supreme Court without its advice and
entertain the complaint for this purpose. concurrence in violation of Sec. 30, Article VI of the
Constitution; it is also inconsistent with Sec. 1, Rule 45 of the
a. FUNCTIONS Rules of Court which provides that a petition for review on
certiorari shall apply only to a review of judgments or final
Q: Ascertain the constitutionality of the following acts: orders of the Court of Appeals, the Sandiganbayan, the
(2018 BAR) Court of Tax Appeals, the Regional Trial Court, or other
courts authorized by law. In the absence of concurrence by
(a) An investigation conducted by the Ombudsman
the Supreme Court, such a law would be unconstitutional.
against a Commissioner of the Commission on
Audit for serious misconduct. b. JUDICIAL REVIEW IN ADMINISTRATIVE
PROCEEDINGS
A: The act is constitutional. Article XI, Section 13(1) of the
Constitution expressly gives the Ombudsman the power to
c. JUDICIAL REVIEW IN PENAL PROCEEDINGS
investigate on its own or on complaint by any person, any
act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal,
unjust, improper or inefficient.

Political Law
4. THE SANDIGANBAYAN charged, it applies to any office which he may be holding.

Q: Suppose a public officer has committed a violation of

Sec. 3 (b) and (c) of the Anti- Graft and Corrupt Practices
Act (R.A. No. 3019), as amended, by receiving monetary
and other material considerations for contracts
entered into by him in behalf of the government and in
connection with other transactions, as a result of which
he has amassed illegally acquired wealth. (2002 BAR)
(a) Does the criminal offense committed

prescribe?
A: A violation of Sec. 3(b) and (c) of the Anti-Graft and

Corrupt Practices Act prescribes. Sec. 15, Art. XI of the
Constitution does not apply to criminal cases for violation of
the Anti-Graft and Corrupt Practices Act. (Presidential Ad-
Hoc Fact-Finding Committee on Behest Loans v. Desierto,G.R.
No. 135715, 13 Apr. 2011)
(b) Does the right of the government to recover the

illegally acquired wealth prescribe?
A: Sec. 15, Art. XI of the Constitution provides that the right

of the State to recover properties unlawfully acquired by
public officials or employees, or from them or from their
nominees or transferees, shall not be barred by
prescription.
Q: Simeon Valera was formerly a Provincial Governor

who ran and won as a Member of the House of
Representatives for the Second Congressional District
of lloilo. For violation of Section 3 of the Anti-Graft and
Corrupt Practices Act (R.A. No.3019), as amended,
allegedly committed when he was still a Provincial
Governor, a criminal complaint was filed against him
before the Office of the Ombudsman for which, upon a
finding of probable cause, a criminal case was filed with
the Sandiganbayan. During the course of trial, the
Sandiganbayan issued an order of preventive
suspension for 90 days against him. Representative
Valera questioned the validity of the Sandiganbayan
order on the ground that, under Article VI , Section
16(3) of the Constitution, he can be suspended only by
the House of Representatives and that the criminal case
against him did not arise from his actuations as a
member of the House of Representatives. Is
Representative Valera's contention correct? Why?
(2002 BAR)
A: The contention of Representative Valera is not correct.

As held in Santiago v. Sandiganbayan (G.R. No. 128055, 18
Apr. 2001), the suspension contemplated in Sec. 16 (3), Art.
VI of the Constitution is a punishment that is imposed by the
Senate or House of Representatives upon an erring
member, it is distinct from the suspension under Sec. 13 of
the Anti-Graft and Corrupt Practices Act, which is not a
penalty but a preventive measure. Since Sec. 13 of the Anti-
Graft and Corruption Practices Act does not state that the
public officer must be suspended only in the office where he
is alleged to have committed the acts which he has been

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Communication, it is vested with the special

X. ADMINISTRATIVE LAW function of regulating ports, and it is endowed with
all corporate powers through its charter. (Secs. 4(a)
and 6 (a)(2), Presidential Decree No. 857)
4. The Land Transportation Office is an agency of the

A. GENERAL PRINCIPLES government because it is an office under the
(2006, 2005, 1997 BAR) Department of Transportation and
Communication. (Sec. 4(a), R.A. No. 4136)
Q: What is a quasi-judicial body or agency? (2006 BAR) 5. The Land Bank of the Philippines is a government
instrumentality because it is vested with the
A: A quasi-judicial body or agency is an administrative body special function of financing agrarian reform, it is
with the power to hear, determine or ascertain the facts and endowed with all corporate powers, and it enjoys
decide rights, duties and obligations of the parties by the autonomy through a charter. (Sec. 74, Agrarian
application of rules to the ascertained facts. By this power, Land Reform Code)
quasi-judicial agencies are enabled to interpret and apply
implementing rules and regulations promulgated by them Q: Are government-owned or controlled corporations
and laws entrusted to their administration. (UPLC within the scope and meaning of the "Government of
Suggested Answers) the Philippines"? (1997 BAR)
Q: State with reason(s) which of the following is a A: Sec. 2 of the Introductory Provision of the Administrative
government agency or a government instrumentality: Code of 1987 defines the government of the Philippines as
the corporate governmental entity through which the
a. Department of Public Works and Highway; functions of government are exercised throughout the
b. Bangko Sentral ng Pilipinas; Philippines, including, same as the contrary appears from
c. Philippine Ports Authority; the context, the various arms through which political
d. Land Transportation Office; authority is made effective in the Philippines, whether
e. Land Bank of the Philippines. (2005 BAR) pertaining to the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms of local
A: An agency of the government refers to any of the various government. Government owned or controlled corporation
units of the government, including a department, bureau, are within the scope and meaning of the Government of the
office, instrumentality, or government-owned or controlled Philippines if they are performing governmental or political
corporation, or a local government or a distinct unit therein. functions. (UPLC Suggested Answers)
(Sec. 2(4), Introductory Provisions, Administrative Code of
1987; Mactan Cebu v. Marcos, G.R. No. 120082, 11 Sept. 1996)
B. POWERS OF ADMINISTRATIVE AGENCIES
An instrumentality of the government refers to any agency (2018, 2000, 1994, 1993 BAR)
of the national government, not integrated within the
department framework, vested with special functions or
jurisdiction by law, endowed with some if not all corporate
Q: Section 9 of P.O. No. 1606, as amended, provides that
powers, administering special funds, and enjoying
the Sandiganbayan may adopt internal rules governing
operational autonomy, usually through a charter. This term
the allotment of cases among its divisions, the rotation
includes regulatory agencies, chartered institutions, and
of justices among them, and other matters relating to
government-owned or controlled corporation. (Sec. 3(10),
the internal operations of the court.
Introductory Provisions, Administrative Code of 1987;
Mactan Cebu v. Marcos, G.R. No. 120082, 11 Sept. 1996)
Section 6 of Article IX-A of the Constitution allows each
of the Constitutional Commissions "en banc [to]
1. The Department of Public Works and Highways is
promulgate its own rules concerning pleadings and
an agency of the government because it is a
practice before it or before any of its offices. Such rules
department.
however shall not diminish, increase, or modify
substantive rights."
2. The Bangko Sentral ng Pilipinas is a government
instrumentality because it is vested with the
Section 16(3) of Article VI of the Constitution states that
special function of being the central monetary
"Each House may determine the rules of its
authority and enjoys operational autonomy
proceedings." Section 21, Article VI of the Constitution
through its charter. (Sec. 1, R.A No. 7653)
further provides that "The Senate or the House of
Representatives or any of its respective committees
3. The Philippine Ports Authority is a government
may conduct inquiries... in accordance with its duly
instrumentality because it is merely attached to the
published rules of procedure."
Department of Transportation and

Political Law
Finally, Section 3(8) of Article XI of the Constitution The harbor pilots then filed suit to have the new
declares that "The Congress shall promulgate its rules MARINA rules and regulations declared
on impeachment to effectively carry out the purposes of unconstitutional for having been issued without due
this section." Are the rules promulgated pursuant to process. Decide the case. (2000 BAR)
these provisions subject to review and disapproval by
the Supreme Court? (2018 BAR) A: The issuance of the new rules and regulations violated
due process. Under Sec. 9, Chapter II, Book VII of the
A: Sec. 5 (5) of Art. VIII of the Constitution clearly provides Administrative Code of 1987, as far as practicable, before
that the “Rules of procedure of special courts and quasi- adopting proposed rules, an administrative agency should
judicial bodies shall remain effective unless disapproved by publish or circulate notices of the proposed rules and afford
the Supreme Court;” accordingly, it is clear that the interested parties the opportunity to submit their views;
Supreme Court may review and reverse the rules of and in the fixing of rates, no rule shall be valid unless the
procedure of the Sandiganbayan and the Constitutional proposed rates shall have been published in a newspaper of
Commissions. general circulation at least two weeks before the first
hearing on them. When an administrative rule substantially
With respect to the rules of procedure of Congress in its increases the burden of those directly affected, they should
proceedings, legislative inquiries and on impeachment, be accorded the chance to be heard before its issuance.
while these rules may be generally considered as political (Commissioner of Internal Revenue v. CA, G.R. No. 119761, 21
questions, when questioned before the courts in a proper Aug. 1996)
case, they would nevertheless be subject to the power of
judicial review under Sec. 1 (2), Article VIII of the Q: The S/S “Masoy" of Panamanian registry, while
Constitution, which authorizes it to review and annul all acts moored at the South Harbor, was found to have
of any branch or instrumentality of the government which contraband goods on board. The Customs Team found
may be tainted with grave abuse of discretion amounting to out that the vessel did not have the required ship’s
lack or excess of jurisdiction. (UPLC Suggested Answers) permit and shipping documents. The vessel and its
cargo were held and a warrant of Seizure and Detention
ALTERNATIVE ANSWER: was issued after due investigation. In the course of the
forfeiture proceedings, the ship captain and the ship’s
Although the Rules of Procedure of the Sandiganbayan are resident agent executed sworn statements before the
covered by the disapproval authority of the Supreme Court Custom legal officer admitting that contraband cargo
as stated in Sec. 5(5) of Article VIII of the Constitution, the were found aboard the vessel. The shipping lines object
same thing cannot be said for the Rules of Procedure to the admission of the statements as evidence
promulgated by Congress by virtue of the doctrine of contending that during their execution, the captain and
separation of powers, unless these rules are tainted with the shipping agent were not assisted by counsel, in
grave abuse of discretion. The Rules of Procedure of violation of due process. Decide. (1993 BAR)
Constitutional Commissions are likewise outside the
disapproval authority of the Supreme Court as these A: The admission of the statements of the captain and the
commissions are deliberately placed in the Constitution to shipping agent as evidence did not violate due process even
be independent unless these are tainted with grave abuse of if they were not assisted by counsel. In Feeder International
discretion. (ibid.) Line, Pts, Ltd. v. Court of Appeals (G.R. No. 94262, 31 May
1991), it was held that the assistance of counsel is not
1. QUASI-LEGISLATIVE (RULE-MAKING) POWER indispensable to due process in forfeiture proceedings
since such proceedings are not criminal in nature.
Moreover, the strict rules of evidence and procedure will
a. KINDS OF ADMINISTRATIVE RULES AND
not apply in administrative proceedings like seizure and
REGULATIONS
forfeiture proceedings. What is important is that the parties
are afforded the opportunity to be heard and the decision of
b. REQUISITES FOR VALIDITY
the administrative authority is based on substantial
evidence. (UPLC Suggested Answers)
2. QUASI-JUDICIAL POWER
Q: A complaint was filed by Intelligence agents of the
a. ADMINISTRATIVE DUE PROCESS Bureau of Immigration and Deportation
(2000, 1994, 1993 BAR) (BID) against Stevie, a German national, for his
deportation as an undesirable alien. The Immigration
Q: The Maritime Industry Authority (MARINA) issued Commissioner directed the Special Board of Inquiry to
new rules and regulations governing pilotage services conduct an investigation. At the said investigation, a
and fees, and the conduct of pilots in Philippine ports. lawyer from the Legal Department of the BID presented
This it did without notice, hearing nor consultation as witnesses the three Intelligence agents who filed the
with harbor pilots or their associations whose rights complaint. On the basis of the findings, report and
and activities are to be substantially affected. recommendation of the Board of Special Inquiry, the
BID Commissioners unanimously voted for Stevie's

2022 GOLDEN NOTES
QuAMTO (1987-2021)
deportation. Stevie’s lawyer questioned the A: The following are the conditions for ripeness for judicial
deportation order: (1994 BAR) review of an administrative action:
(a) On the ground that Stevie was denied due a. The administrative action has already been fully
process because the BID Commissioners who completed and, therefore, is a final agency action;
rendered the decision were not the ones who and
received the evidence, in violation of the “He b. All administrative remedies have been exhausted.
who decides must hear" rule. Is he correct? (Gonzales, 1979)
A: NO, Stevie is not correct. As held in Adamson & Adamson, c. ADMINISTRATIVE RES JUDICATA
Inc. vs. Amores (G.R. No. L-58292, 23 July 1987),
administrative due process does not require that the actual 3. FACT-FINDING, INVESTIGATIVE, LICENSING, AND
taking of testimony or the presentation of evidence before RATE-FIXING POWERS
the same officer who will decide the case. In American
Tobacco Co. v. Director of Patents (G.R. No. L-26803, 14 Oct.
1975), the Supreme Court has ruled that so long as the
C. DOCTRINES OF PRIMARY JURISDICTION AND
actual decision on the merits of the cases is made by the
EXHAUSTION OF ADMINISTRATIVE REMEDIES
officer authorized by law to decide, the power to hold a
(2015, 2000, 1996 BAR)
hearing on the basis of which his decision will be made can
be delegated and is not offensive to due process. The Court
noted that as long as a party is not deprived of his right to
present his own case and submit evidence in support Q:
thereof, and the decision is supported by the evidence in the
(a) Explain the doctrine of exhaustion of
record, there is no question that the requirements of due
administrative remedies. (2000 BAR)
process and fair trial are fully met. In short, there is no
abrogation of responsibility on the part of the officer
A: The doctrine of exhaustion of administrative remedies
concerned as the actual decision remains with and is made
means that when an adequate remedy is available within
by said officer. It is, however, required that to give the
the Executive Department, a litigant must first exhaust this
substance of a hearing, which is for the purpose of making
remedy before he can resort to the courts. The purpose of
determinations upon evidence the officer who makes the
the doctrine is to enable the administrative agencies to
determinations must consider and appraise the evidence
correct themselves if they have committed an error.
which justifies them.
(Rosales v. Court of Appeals, GR No. L-47821, 15 Sept. 1988)
(b) On the ground that there was a violation of due (b) Give at least three (3) exceptions to its
process because the complainants, the application. (2000 BAR)
prosecutor and the hearing officers were all
subordinates of the BID Commissioners who A: The following are the exceptions to the application of the
rendered the deportation decision. Is he doctrine of exhaustion of administrative remedies:
correct?
1. The question involved is purely legal;
A: NO, Stevie was not denied due process simply be-cause 2. The administrative body is in estoppel;
the complainants, the prosecutor, and the hearing officers 3. The act complained of is patently illegal;
were all subordinates of the Commissioner of the Bureau of 4. There is an urgent need for judicial intervention;
Immigration and Deportation. In accordance with the ruling 5. The claim involved is small;
in Erlanger & Galinger, Inc. vs. Court of Industrial Relations, 6. Grave and irreparable injury will be suffered;
110 Phil. 470, the findings of the subordinates are not 7. There is no other plain, speedy and adequate
conclusive upon the Commissioners, who have the remedy;
discretion to accept or reject them. What is important is that 8. Strong public interest is involved;
Stevie was not deprived of his right to present his own case 9. The subject of the controversy is private law;
and submit evidence in support thereof, the decision is 10. The case involves a quo warranto proceeding
supported by substantial evidence, and the commissioners (Sunville Timber Products, Inc. v. Abad, GR No.
acted on their own independent consideration of the law 85502, 24 Feb. 1992);
and facts of the case, and did not simply accept the views of 11. The party was denied due process (Samahang
their subordinates in arriving at a decision. Magbubukid ng Kapdula, Inc. v. Court of Appeals, GR
No. 103953,, 25 Mar. 1999);
b. ADMINISTRATIVE APPEAL AND REVIEW 12. The decision is that of a Department Secretary
(Nazareno v. Court of Appeals, G.R. No. 131641, 18
Q: Give the two (2) requisites for the judicial review of Oct. 2000);
administrative decision/actions, that is, when is an 13. Resort to administrative remedies would be futile
administrative action ripe for judicial review? (2001 (University of the Philippines Board of Regents v.
BAR) Rasul, G.R. No. 91551, 16 Aug. 1991);

Political Law
14. There is unreasonable delay (Republic v. the subject circular. The DENR moves to dismiss the
Sandiganbayan, GR No. 104768, 21 Jul. 2003); case on the ground that ABC Corporation has failed to
15. The action involves recovery of physical exhaust administrative remedies which is fatal to its
possession of public land (Gabrito v. Court of cause of action.
Appeals, GR No. 77976, 24 Nov. 1988);
16. The party is poor (Sabello v. Department of If you were the judge, will you grant the motion?
Education, Culture and Sports, GR No. 87687, 26 Dec. Explain. (2015 BAR)
1989); and
17. The law provides for immediate resort to the court. A: The motion to dismiss should be denied. The doctrine of
(Rulian v. Valdez, GR No. L-20031, 28 Nov. 1964) exhaustion of administrative remedies applies only to
judicial review of decisions of administrative agencies in the
Q: exercise of their quasi-judicial power. It has no application
to their exercise of rule-making power (Holy Spirit
(a) Distinguish the doctrine of primary jurisdiction Homeowners Association, Inc. vs. Defensor, GR No. 163980, 03
from the doctrine of exhaustion of Aug. 2006).
administrative remedies. (1996 BAR)
A: The doctrine of primary jurisdiction and the doctrine of

exhaustion of administrative remedies both deal with the
proper relationships between the courts and administrative
agencies. The doctrine of exhaustion of administrative
remedies applies where a claim is cognizable in the first
instance by an administrative agency alone. Judicial
interference is withheld until the administrative process
has been completed. As stated in Industrial Enterprises, Inc.
vs. Court of Appeals (GR No. 88550, 08 Apr. 1990) the
doctrine of primary jurisdiction applies where a case is
within the concurrent jurisdiction of the court and an
administrative agency but the determination of the case
requires the technical expertise of the administrative
agency. In such a case, although the matter is within the
jurisdiction of the court, it must yield to the jurisdiction of
the administrative case.
(b) Does the failure to exhaust administrative

remedies before filing a case in court oust said
court of jurisdiction to hear the case? Explain.
(1996 BAR)
A: NO, the failure to exhaust administrative remedies

before filing a case in court does not oust the court of
jurisdiction to hear the case. As held in Rosario vs. Court of
Appeals (GR No. 89554, 10 Jul. 1992), the failure to exhaust
administrative remedies does not affect the jurisdiction of
the court but results in the lack of a cause of action, because
a condition precedent that must be satisfied before action
can be filed was not fulfilled.
Application
Q: The Secretary of the Department of Environment and

Natural Resources (DENR) issued Memorandum
Circular No. 123-15 prescribing the administrative
requirements for the conversion of a timber license
agreement (TLA) into an Integrated Forestry
Management Agreement (IFMA). ABC Corporation, a
holder of a TLA which is about to expire, claims that the
conditions for conversion imposed by the said circular
are unreasonable and arbitrary and a patent nullity
because it violates the non- impairment clause under
the Bill of Rights of the 1987 Constitution. ABC
Corporation goes to court seeking the nullification of

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: W, the incumbent Congressman of the Province of

XI. ELECTION LAW Albay, decided to run for Governor. He filed his
certificate of candidacy (CoC) for Governor without
resigning from his post and continued exercising his
duties as Congressman, such as attending plenary
sessions and committee hearings in the House of
A. SUFFRAGE Representatives.
One of W’s fiercest critics, X, claimed that W should not

1. QUALIFICATION AND DISQUALIFICATION OF be dispensing the functions of a Congressman since he
VOTERS is deemed ipso facto resigned as such upon his filing of
a CoC for Governor of Albay. (2019 BAR)
2. REGISTRATION AND DEACTIVATION
(a) Is X’s argument correct? Explain.
3. INCLUSION AND EXCLUSION PROCEEDINGS
A: The argument of X is not correct. Sec. 14 of RA 9006 (Fair
4. LOCAL AND OVERSEAS ABSENTEE VOTING Elections Act) reads: “Sec. 14. Repealing Clause. – Secs. 67
and 85 of the Omnibus Election Code (Batas Pambansa Blg.
5. DETAINEE VOTING 881) and Secs. 10 and 11 of Republic Act No. 6646 are hereby
repealed.” Sec. 47 of BP 881, which deemed elective officials
ipso facto resigned when they file their Certificate of
Candidacy, is inoperative, and therefore W may still
B. CANDIDACY
continue office.
(b) Assuming that W is instead, an incumbent

1. QUALIFICATIONS AND DISQUALIFICATIONS OF Undersecretary of the Department of National
CANDIDATES Defense, what is the effect of the filing of his CoC
(2019, 2018, 2015, 2013, 2005, 2001, 1999 BAR) for the position of Governor of Albay to said
post? Explain.
Q: Under the Local Government Code, name four
A: W would be considered ipso facto resigned. Under Sec.
persons who are disqualified from running for any
66 of the Omnibus Election Code (BP 881), “any person
elective position. (1999 BAR)
holding a public appointive office or position, including
A: Under Section 40 of the Local Government Code, the active members of the Armed Forces of the Philippines, and
following are disqualified from running for any local officers and employees in government-owned or controlled
elective position: corporations, shall be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy.” W,
1. Those sentenced by final judgment for an offense as Undersecretary of the Department of National Defense, is
involving moral turpitude or for an offense punishable by an appointive official, and therefore falls under this
one (1) year or more of imprisonment, within two (2) years provision.
after serving sentence;
Q: In 1990, Agripina migrated to Canada and acquired
2. Those removed from office as a result of an Canadian citizenship. In 2008, Agripina retired and
administrative case; returned to the Philippines to permanently reside in
her hometown of Angeles, Pampanga. A month after
3. Those convicted by final judgment for violating the oath returning to the Philippines, Agripina took her oath of
of allegiance to the Republic of the Philippines; allegiance and executed a sworn renunciation of her
Canadian citizenship in accordance with R.A. No. 9225.
4. Those with dual citizenship;
In 2009, Agripina filed her certificate of candidacy for
5. Fugitives from justice in criminal or nonpolitical cases Congress for the 2010 elections. Agripina's political
here or abroad; rivals lost no time in causing the filing of various
actions to question her candidacy. They questioned her
6. Permanent residents in a foreign country or those who eligibility to run as member of Congress. Since Agripina
have acquired the right to reside abroad and continue to had to take an oath under R.A. No. 9225, it meant that
avail of the same right after the effectivity of the Local she needed to perform an act to perfect her Philippine
Government Code; and citizenship.
7. The insane or feeble-minded. (UPLC Suggested Answers) Hence, they claimed that Agripina could not be
considered a natural-born citizen. Agripina raised the
defense that, having complied with the requirements of

Political Law
R.A. No. 9225, she had reacquired, and was deemed convicted of a crime involving moral turpitude. Hence,
never to have lost, her Philippine citizenship. she is disqualified perpetually from holding any public
office or from being elected to any public office. Before
Is Agripina disqualified to run for Congress for failing the election, the COMELEC cancelled Bai' s COC but her
to meet the citizenship requirement? (2018 BAR) motion for reconsideration (MR) remained pending
even after the election. Bai garnered the highest
A: Agripina is eligible to run as member of Congress. number of votes followed by Pasyo Maagap, who took
Repatriation results in the recovery of a person’s original his oath as Acting Mayor. Thereafter, the COMELEC
nationality. This means that a naturalized Filipino who lost denied Bai's MR and declared her disqualified for
his citizenship will be restored to his prior status as a running for Mayor. P. Maagap asked the Department of
Filipino citizen. If she were originally a natural-born citizen Interior and Local Government Secretary to be allowed
before she lost her Philippine citizenship, she would be to take his oath as permanent municipal mayor. This
restored to her former status as a natural-born Filipino. request was opposed by Vice Mayor Umaasa, invoking
(Bengson III vs. HRET, G.R. No. 142840, 7 May 2001) the rule on succession to the permanent vacancy in the
Mayor's office. Who between Pasyo Maagap and Vice
RA 9225 makes a distinction between those natural-born Mayor Umaasa has the right to occupy the position of
Filipinos who became foreign citizens before and after the Mayor? Explain your answer. (2015 BAR)
effectivity of RA No. 9225. For those who were naturalized
in a foreign country, they shall be deemed to have A: Pasyo Maagap would be entitled to occupy the position
reacquired their Philippine citizenship which was lost of Mayor upon disqualification of Gandang Bai on the basis
pursuant to CA 63. In the case of those who became foreign of the petition to deny due course or cancel her certificate
citizens after RA 9225 took effect, they shall retain of candidacy under the provisions of Section 78 of the
Philippine citizenship despite having acquired foreign Omnibus Election Code.
citizenship, provided they take the oath of allegiance under
the new law. The rule is that an ineligible candidate who receives the
highest number of votes is a wrongful winner. By express
Considering that petitioner was naturalized as a Canadian legal mandate, he could not even have been a candidate in
citizen prior to the effectivity of RA 9225, she belongs to the the first place, but by virtue of the lack of material time or
first category of natural-born Filipinos who lost their any other intervening circumstances, his ineligibility might
Philippine citizenship by naturalization in a foreign not have been passed upon prior to election date.
country, under the first paragraph of Section 3. As the new Consequently, he may have had the opportunity to hold
law allows dual citizenship, she was able to reacquire her himself out to the electorate as a legitimate and duly
Philippine citizenship by taking the required oath of qualified candidate. However, notwithstanding the
allegiance (See Bengson v. HRET and as affirmed by Poe- outcome of the elections, his ineligibility as a candidate
Llamanzares v. COMELEC, G.R. No. 221697, 8 Mar. 2016). remains unchanged. Ineligibility does not only pertain to his
qualifications as a candidate but necessarily affects his right
Q: President Alfredo died during his third year in office. to hold public office. The number of ballots cast in his favor
In accordance with the Constitution, Vice President cannot cure the defect of failure to qualify with the
Anastasia succeeded him. President Anastasia then substantive legal requirements of eligibility to run for
nominated the late President Alfredo's Executive public office. (Maquiling v. COMELEC, GR No. 195649, 16 Apr.
Secretary, Anna Maria, as her replacement as Vice 2013)
President. The nomination was confirmed by a majority
of all the Members of the House of Representatives and Accordingly, Gandang Bai being a non- candidate, the votes
the Senate, voting separately. cast in his favor should not have been counted. This leaves
Pasyo Maagap as the qualified candidate who obtained the
Can Anastasia run as President in the next election? highest number of votes. Therefore, the rule on succession
(2018 BAR) under the Local Government Code will not apply. (ibid.)
A: YES, Anastacia can still run as President in the next Q: Congress enacted Republic Act No. 1234 requiring all
election since she has served for less than four years. Sec. 4, candidates for public offices to post an election bond
Art. VII of the 1987 Constitution provides that no person who equivalent to the one (1) year salary for the position for
has succeeded as President and has served as such for more which they are candidates. The bond shall be forfeited
than four years shall be qualified for election to the same if the candidates fail to obtain at least 10% of the votes
office at any time. (UPLC Suggested Answers) cast. Is Republic Act No. 1234 valid?
Q: Gandang Bai filed her certificate of candidacy (COC) A. It is valid as the bond is a means of ensuring
for municipal mayor stating that she is eligible to run fair, honest, peaceful and orderly elections.
for the said position. Pasyo Maagap, who also filed his B. It is valid as the bond requirements ensures
COC for the same position, filed a petition to deny due that only candidates with sufficient means and
course or cancel Bai's COC under Section 78 of the who cannot be corrupted, can run for public
Omnibus Election Code for material misrepresentation office.
as before Bai filed her COC, she had already been

2022 GOLDEN NOTES
QuAMTO (1987-2021)
C. It is invalid as the requirement effectively third term. This term should be included in the computation
imposes a property qualification to run for of the term limits, even if "A" did not serve for a full term.
public office. (Record of the Constitutional Commission, Vol. n, p. 592) He
D. It is invalid as the amount of the surety bond is remained a Member of the House of Representatives even if
excessive and unconscionable. he was suspended.
E. It is valid because it is a reasonable
requirement; the Constitution itself expressly 2. FILING OF CERTIFICATES OF CANDIDACY
supports the accountability of public officers.
(2013 BAR)
a. EFFECT OF FILING
(2019, 2003, 2002, 1994 BAR)
A: (C) It is invalid as the requirement effectively imposes a
property qualification to run for public office. (Marquera v.
Q: H, a naturalized American citizen who later became
Borra, G.R. No. L- 24761, 07 Sept. 1965,).
a dual citizen under Republic Act No. 9225 (the
Q: In the May 8, 1995 elections for local officials whose Citizenship Retention and Re-acquisition Act), decided
terms were to commence on June 30, 1995, Ricky filed to run for Congress and thus, filed a certificate of
on March 20, 1995 his certificate of candidacy for the candidacy (CoC). A citizen argued that H is ineligible
Office of Governor of Laguna. He won, but his for the position because of his status as a dual citizen.
qualifications as an elected official was questioned. It is H responded that his act of filing a CoC amounted to his
admitted that he is a repatriated Filipino citizen and a renunciation of foreign citizenship, rendering him
resident of the Province of Laguna. To be qualified for eligible for the position. (2019 BAR)
the office to which a local official has been elected,
when at the latest should he be: (2005 BAR) (a) Was H’s filing of a CoC sufficient to renounce
foreign citizenship? Explain.
(a) A Filipino Citizen? Explain.
A: NO, H’s filing of a CoC is not sufficient to renounce
A: To be qualified for the office to which a local official has foreign citizenship. Section 5(3) of RA 9225 requires that
been elected, it is sufficient that he is a Filipino citizen at the “Those appointed to any public office shall subscribe and
time of his proclamation and at the start of his term. swear to an oath of allegiance to the Republic of the
Philippine citizenship is required for holding an elective Philippines and its duly constituted authorities prior to
public office to ensure that no person owing allegiance to their assumption of office: Provided, That they renounce
another country shall govern our people and a unit of the their oath of allegiance to the country where they took that
Philippine territory. An official begins to discharge his oath”.
functions only upon his proclamation and on the day his
term of office begins. (Frivaldo v. Commission on Elections, (b) Assuming that H is a dual citizen because his
GR No. 120295, 28 June 1996) parents are Filipino citizens and he was born
in California, USA, was filing of a CoC sufficient
(b) A resident of the locality? Explain. to renounce his foreign citizenship? Explain.
A: To be qualified for the office to which a local official has A: NO, the filing of his CoC was not sufficient to renounce his
been elected, he must be a resident of the locality for at least foreign citizenship. R.A. No. 9225 categorically demands
one year immediately before the election. (Sec. 39(a), Local natural-born Filipinos who re-acquire their citizenship and
Government Code) seek elective office, to execute a personal and sworn
renunciation of any and all foreign citizenships before an
Q: During his third term, "A", a Member of the House of authorized public officer prior to or simultaneous to the
Representatives, was suspended from office for a filing of their certificates of candidacy, to qualify as
period of 60 days by his colleagues upon a vote of two- candidates in Philippine elections. The rule applies to all
thirds of all the Members of the House. In the next those who have re-acquired their Filipino citizenship,
succeeding election, he filed his certificate of candidacy without regard as to whether they are still dual citizens or
for the same position. "B", the opposing candidate, filed not. (Sobejana-Condon v. Commission on Elections, G.R. No.
an action for disqualification of "A" on the ground that 198742, 10 Aug. 10, 2012)
the latter's, candidacy violated Sec. 7, Art. VI of the
Constitution which provides that no Member of the Q: Pedro Reyes is an incumbent Vice-Mayor of Quezon
House of Representatives shall serve for more than City. He intends to run in the regular elections for the
three consecutive terms. "A" answered that he was not position of City Mayor of Quezon City whose incumbent
barred from running again for that position because his mayor would have fully served three consecutive terms
service was interrupted by his 60-day suspension by 2004. (2003 BAR)
which was involuntary. Can 'A', legally continue with his
candidacy or is he already barred? Why? (2001 BAR) 1. Would Pedro Reyes have to give up his position
as Vice-Mayor:
A: "A" cannot legally continue with his candidacy. He was
elected as Member of the House of Representatives for a a. Once he files his certificate of candidacy; or

Political Law
b. When the campaign period starts; or Q: What is a "stray ballot"? (1994 BAR)
c. Once and if he is proclaimed winner in the
election; or A: Under Rule No. 19 of the rules for the appreciation of
d. Upon his assumption to the elective office; ballots in Section 211 of the Omnibus Election Code, stray
or ballot is one cast in favor of a person who has not filed a
e. None of the above. certificate of candidacy or in favor of a candidate for an
office for which he did not present himself. Although the
Choose the correct answer. Code does not provide for stray ballot, it is presumed that
stray ballot refers to stray vote. (UPLC Suggested Answers)
A: The correct answer is (e). Section 14 of the Fair Election
Act repealed Section 67 of the Omnibus Election Code, b. SUBSTITUTION AND WITHDRAWAL OF CANDIDATES
which provided that any elected official, whether national
or local, who runs for any office other than the one he is c. NUISANCE CANDIDATES
holding in a permanent capacity, except for President and
Vice President, shall be considered ipso facto resigned from d. DUTIES OF THE COMELEC
his office upon the filing of his certificate of candidacy.
Section 14 of the Fair Election Act likewise rendered
ineffective the first proviso in the third paragraph of Section
11 of Republic Act No. 8436. C. CAMPAIGN
Consequently, Pedro Reyes can run for Mayor without

giving up his position as Vice-Mayor. He will have to give up
his position as Vice-Mayor upon expiration of his term as 1. PREMATURE CAMPAIGNING
Vice-Mayor on June 30, 2004. (UPLC Suggested Answers)
Q: Mayor Pink is eyeing re-election in the next
2. If Pedro Reyes were, instead, an incumbent mayoralty race. It was common knowledge in the town
Congressman of Quezon City, who intends to that Mayor Pink will run for re-election in the coming
seek the mayoralty post in Quezon City, would elections. The deadline for filing of Certificate of
your choice of answer in no. (1) above be the Candidacy (CoC) is on March 23 and the campaign
same? If not, which would be your choice? period commences the following day. One month
before the deadline, Pink has yet to file her CoC, but she
A: The answer is the same if Pedro Reyes is a Congressman has been going around town giving away sacks of rice
of Quezon City, because the repeal of Section 67 of the with the words "Mahal Tayo ni Mayor Pink" printed on
Omnibus Election Code covers both elective national and them, holding public gatherings and speaking about
local officials. (ibid.) how good the town is doing, giving away pink t-shirts
with "Kay Mayor Pink Ako" printed on them. Mr. Green
Q: A, a City Legal Officer, and B, a City Vice- Mayor, filed is the political opponent of Mayor Pink. In April,
certificates of candidacy for the position of City Mayor noticing that Mayor Pink had gained advantage over
in the May 14, 2001 elections. (2002 BAR) him because of her activities before the campaign
period, he filed a petition to disqualify Mayor Pink for
(a) Was A ipso facto considered resigned and, if so,
engaging in an election campaign outside the
effective on what date?
designated period. (2012 BAR)
A: A was considered ipso facto resigned upon the filing of

(a) Which is the correct body to rule on the matter?
his certificate of candidacy, because being a City Legal
Comelec en banc, or Comelec division? Answer
Officer, he is an appointive official. Section 66 of the Omnibus
with reasons.
Election Code provides that any person holding a public
appointive office shall be considered ipso facto resigned A: It is the Commission on Elections En Banc which should
upon the filing of his certificate of candidacy. (UPLC decide the petition. Since it involves the exercise of the
Suggested Answers) administrative powers of the Commission on Election,
Section 3, Article Ix-C of the Constitution is not applicable.
(b) Was B ipso facto considered resigned and, if so,
(Baytan V. COMELEC, 396 SCRA 703, 04 Feb. 2003)
effective on what date? In both cases, state the
reason or reasons for your answer. (b) Rule on the petition.
A: B is not considered ipso facto resigned. Section 67 of the A: The petition should be denied. Under Section 80 Of the
Omnibus Election Code considers any elective official ipso Omnibus Election Code, to be liable for premature
facto resigned from office upon his filing of a certificate of campaigning, he must be a candidate and unless he filed his
candidacy for any office other than the one he is holding CoC, he is not a candidate. (Lanot Vs. Commission On
except for President and Vice-President, was repealed by Elections, 507 SCRA 114. 16 Nov. 2006)
the Fair Election Act. (UPLC Suggested Answers)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
2. PROHIBITED CONTRIBUTIONS US, as evidenced by a certification to this effect from the

US Embassy.
3. LAWFUL AND PROHIBITED ELECTION PROPAGANDA Acting on the recommendations of its Law Department,
the Comelec en banc motu proprio issued two
Q: Discuss the disputable presumptions: (1991 BAR) resolutions granting the petitions against Anselmo and
Ambrosio.
(a) of conspiracy to bribe voters;
Both Anselmo and Ambrosio filed separate petitions
A: Under Sec. 28 of the Electoral Reforms Law, proof that at with the Supreme Court assailing the resolutions
least one voter in different precincts representing at least cancelling their respective CoCs. Both claimed that the
twenty per cent (20%) of the total precincts in any Comelec en bane acted with grave abuse of discretion
municipality, city or province was offered, promised or amounting to lack or excess of jurisdiction because the
given money, valuable consideration or other expenditure petitions should have first been heard and resolved by
by the relatives, leader or sympathizer of a candidate for the one of the Comelec's Divisions.
purpose of promoting the candidacy of such candidate,
gives rise to a disputable presumption of conspiracy to Are Anselmo and Ambrosio correct? (2018 BAR)
bribe voters. (UPLC Suggested Answers)
A: Anselmo is incorrect. The rule is every quasi-judicial
(b) of the involvement of a candidate and of his matter must first be tackled by a division subject to appeal
principal campaign managers in such by way of a Motion for Reconsideration to the COMELEC en
conspiracy. banc. In Jalosjos v. COMELEC (G.R. No. 205033, 18 Jun. 2013),
it was determined that a cancellation on the basis of
A: Under Sec. 28, if the proof affects at least 20% of the perpetual disqualification is a matter that can be taken
precincts of the municipality, city or province to which the judicial notice of. When it cancels A CoC on that ground, it is
public office aspired for by the favored candidate relates, acting in performance of an administrative function and,
this shall constitute a disputable presumption of the therefore, the rule in Sec. 3, Art. XI does not apply.
involvement of the candidate and of his principal campaign
managers in each of the municipalities concerned, in the Ambrosio, on the other hand, is correct that the petition for
conspiracy. (ibid.) the cancellation of his CoC should have been first heard and
resolved by the Comelec Division. Cancellation proceedings
4. LIMITATIONS ON EXPENSES involve the COMELEC's quasi-judicial functions. The
Constitution mandates the COMELEC, in the exercise of its
adjudicatory or quasi-judicial powers, to hear and decide
5. STATEMENT OF CONTRIBUTIONS AND EXPENSES cases, first by division, and upon motion for
reconsideration, by the COMELEC en banc. (Bautista v.
COMELEC, G.R. Nos. 154796-97, 23 Oct. 2003)
D. REMEDIES AND JURISDICTION
Q: Onofre, a natural born Filipino citizen, arrived in the
United States in 1985. In 1990, he married Salvacion, a
Mexican, and together they applied for and obtained
1. PETITION NOT TO GIVE DUE COURSE OR CANCEL A American citizenship in 2001. In 2015, the couple and
CERTIFICATE OF CANDIDACY their children, Alfred, 21 years of age, Robert, 16, and
(2010, 2016, 2018 BAR) Marie, 14, who were all born in the U.S. returned to the
Philippines on June 1, 2015. On June 15, 2015,
Q: Two petitions for the cancellation of Certificate of informed that he could reacquire Philippine
Candidacy (CoC)/Denial of Due Course were filed with citizenship without losing his American citizenship,
the Comelec against two candidates running as Onofre went home to the Philippines and took the oath
municipal mayors of different towns. of allegiance prescribed under R.A. No. 9225.
The first petition was against Anselmo. Years ago, Before the May 9, 2016 elections, Profundo's lawyer
Anselmo was charged and convicted of the crime of filed a Petition to Deny Due Course or to Cancel the
rape by final judgment, and was sentenced to suffer the Certificate of Candidacy against Onofre. What grounds
principal penalty of reclusion perpetua which carried can he raise in his Petition to support it? Explain your
the accessory penalty of perpetual absolute answer. (2016 BAR)
disqualification. While Anselmo was in prison, the
President commuted his sentence and he was A: The lawyer of Congressman Profundo can ask for the
discharged from prison. cancellation of the certificate of candidacy on the ground
that he did not execute an affidavit renouncing his
The second petition was against Ambrosio. Ambrosio's American citizenship as required by Sec. 5(2) of R.A. No.
residency was questioned because he was allegedly a 9225 and he lacked one-year residence in the Philippines
"green card holder," i.e., a permanent resident of the

Political Law
as required in by Sec. 6, Art. VI of the Constitution. (UPLC winner in the election, can the issue of his
Suggested Answers) candidacy and/or citizenship and residence
still be questioned? If so, what action or actions
Q: Despite lingering questions about his Filipino may be filed and where? If not, why not?
citizenship and his one-year residence in the district,
Gabriel filed his certificate of candidacy for A: The question of the citizenship and residence of Gabriel
congressman before the deadline set by law. His can be questioned in the House of Representatives Electoral
opponent, Vito, hires you as lawyer to contest Gabriel’s Tribunal by filing a quo warranto case. Since it is within its
candidacy. (2010 BAR) jurisdiction to decide the question of the qualification of
Gabriel, the decision of the Commission on Elections does
(a) Before election day, what action or actions will not constitute res judicata (Jalandoni v. Crespo, HRET Case
you institute against Gabriel, and before which No. 01- 020, 06 Mar. 2003). Once a candidate for member of
court, commission or tribunal will you file such the House of Representatives has been proclaimed, the
action/s? Reasons. House of Representatives Electoral Tribunal acquires
jurisdiction over election contests relating to his
A: I will file a petition to cancel the certificate of candidacy qualifications. (Guerrero v COMELEC, G.R. No. 137004, 26 July
of Gabriel in the Commission on Elections because of the 2000)
false material representation that he is qualified to run for
congressman (Section 78 of the Omnibus Election Code;574 2. PETITION FOR DISQUALIFICATION
SCRA 787 [2008]). The question of the disqualification of (2015, 2005, 2001 BAR)
Gabriel cannot be raised before the House of
Representatives Electoral Tribunal because he is not yet a
Q: How do you differentiate the petition filed under
member of the House of Representatives. (Aquino v.
Section 68 from the petition filed under Section 78,
COMELEC, GR No. 120265, 08 Sept. 1995)
both of the Omnibus Election Code? (2015 BAR)
(b) If, during the pendency of such action / s but
A: A certificate of candidacy which is denied or cancelled
before election day, Gabriel withdraws his
under Section 78 of the Omnibus Election Code would make
certificate of candidacy, can he be substituted
said certificate of candidacy void ab initio (which would
as candidate? If so, by whom and why? If not,
preclude the application of the rules on succession for
why not?
purposes of replacing him upon his disqualification
because, up to that point of his disqualification, he shall be
A: If Gabriel withdraws, he may be substituted by a
considered merely as a de facto officer), unlike in the case
candidate nominated by his political party. Sec. 77 of the
of disqualification under Section 68 of Omnibus Election
Omnibus Election Code states: “If after the last day for the
Code, which would give rise to the de jure officership of the
filing of certificates of candidacy, an official candidate of a
disqualified candidate up to the point of disqualification.
registered or accredited political party dies, withdraws or
The other basic distinctions between petitions for
is disqualified for any cause, only a person belonging to, and
disqualification of candidates and petitions to reject or
certified by, the same political party may file a certificate of
cancel certificates of candidacy are follows- Under Section
candidacy to replace the candidate who died, withdrew or
68 of OEC, a candidate may be disqualified if he commits any
was disqualified.”
of the election offenses or “prohibited acts” specified
ALTERNATIVE ANSWER: therein, of if he is permanent resident of or an immigrant to
a foreign country. On the other hand, under Section 78 of
NO. When the candidate who withdraws is an independent the same law, a certificate of candidacy may be denied due
candidate, he cannot be substituted. Under the law, if after course or cancelled if found to be containing material
the last day for the filing of certificates of candidacy, an representations which are false and deliberately made.
official candidate of a registered or accredited political These would include misrepresentations as to age,
party dies, withdraws or is disqualified for any cause, only residence, citizenship or non-possession of natural-born
a person belonging to, and certified by the same political status, registration as a votes, and eligibility, as when one,
party may file a certificate of candidacy to replace the although precluded from running for a fourth term because
candidate who dies, withdrew or was disqualified not later of the three-term limit rule, claims to be nonetheless
than mid-day of the day of the election. (Sec. 76, Omnibus qualified, or when one claims to be eligible despite his
Election Code) disqualification on the bases of an accessory penalty
imposed upon him in connection with his conviction in a
Since there is no showing in the present case that Gabriel is criminal case.
a member of a registered political party, in no moment
could he be substituted if he withdraws his COC. (UPLC A petition for disqualification under Section 68 may be filed
Suggested Answers) at any time after the last day for filing of the certificate of
candidacy but not later that the candidate’s proclamation
(c) If the action/s instituted should be dismissed should he win in the elections, while a petition to deny due
with finality before the election, and Gabriel course to or cancel a certificate of candidacy under Section
assumes office after being proclaimed the 78 must be filed within 5 days prior to the last day for filing

2022 GOLDEN NOTES
QuAMTO (1987-2021)
of certificates of candidacy, but not later than 25 days from Manuel to vie for the position of city mayor after having
the time of the filing of the certificate of candidacy. served for three consecutive terms as a municipal mayor
would obviously defeat the very intent of the framers when
While a person who is disqualified under Section 68 is they wrote this exception. Should he be allowed another
merely prohibited to continue as a candidate, the person three consecutive terms as mayor of the City of Tuba,
whose certificate is cancelled or denied due course under Manuel would then be possibly holding office as chief
Section 78 is not treated as candidate at all. Thus, a executive over the same territorial jurisdiction and
candidate disqualified under Section 68 may be validly inhabitants for a total of eighteen consecutive years. This is
substituted but only by an official candidate of his the very scenario sought to be avoided by the Constitution,
registered or accredited party. (UPLC Suggested Answers) if not abhorred by it. (Latasa v. COMELEC, G.R. No. 154829,
10 Dec. 2003)
Q: Manuel was elected Mayor of the Municipality of
Tuba in the elections of 1992, 1995 and 1998. He fully (c) Assuming that Manuel is not an eligible
served his first two terms, and during his third term, candidate, rebut Reyes' claim that he should be
the municipality was converted into the component proclaimed as winner having received the next
City of Tuba. The said charter provided for a holdover higher number of votes.
and so without interregnum Manuel went on to serve as
the Mayor of the City of Tuba. A: Reyes cannot be proclaimed winner for receiving the
second highest number of votes. The Supreme Court has
In the 2001 elections, Manuel filed his certificate of consistently ruled that the fact that a plurality or a majority
candidacy for City Mayor. He disclosed, though, that he of the votes are cast for an ineligible candidate at a popular
had already served for three consecutive terms as election, or that a candidate is later declared to be
elected Mayor when Tuba was still a municipality. He disqualified to hold office, does not entitle the candidate
also stated in his certificate of candidacy that he is who garnered the second highest number of votes to be
running for the position of Mayor for the first time now declared elected. The same merely results in making the
that Tuba is a city. Reyes, an adversary, ran against winning candidate's election a nullity. In the present case,
Manuel and petitioned that he be disqualified because 10,000 votes were cast for private respondent Reyes as
he had already served for three consecutive terms as against the 20,000 votes cast for petitioner Manuel. The
Mayor. The petition was not timely acted upon, and second placer is obviously not the choice of the people in
Manuel was proclaimed the winner with 20,000 votes this particular election. The permanent vacancy in the
over the 10,000 votes received by Reyes as the only contested office should be filled by succession. (Labo v.
other candidate. It was only after Manuel took his oath COMELEC, G.R. No. 105111, 03 July 1992)
and assumed office that the COMELEC ruled that he was
disqualified for having ran and served for three ALTERNATIVE ANSWER:
consecutive terms. (2005 BAR)
Reyes could not be proclaimed as winner because he did not
(a) As lawyer of Manuel, present the possible win the election. To allow the defeated candidate to take
arguments to prevent his disqualification and over the mayoralty despite his rejection by the electorate is
removal. to disenfranchise the electorate without any fault on their
part and to undermine the importance and meaning of
A: As lawyer of Manuel, I would argue that he should not be democracy and the people's right to elect officials of their
disqualified and removed because he was a three-term choice (Benito v. COMELEC, G.R. No. 106053, 19 Jan. 2001).
mayor of the municipality of Tuba, and, with its conversion
to a component city, the latter has a totally separate and Q: During his third term, "A", a Member of the House of
different corporate personality from that of the Representatives, was suspended from office for a
municipality. Moreover, as a rule, in a representative period of 60 days by his colleagues upon a vote of two-
democracy, the people should be allowed freely to choose thirds of all the Members of the House. In the next
those who will govern them. Having won the elections, the succeeding election, he filed his certificate of candidacy
choice of the people should be respected. for the same position. "B", the opposing candidate, filed
an action for disqualification of "A" on the ground that
(b) How would you rule on whether or not Manuel the latter's, candidacy violated Section 7, Article VI of
is eligible to run as Mayor of the newly-created the Constitution which provides that no Member of the
City of Tuba immediately after having already House of Representatives shall serve for more than
served for three (3) consecutive terms as Mayor three consecutive terms. "A" answered that he was not
of the Municipality of Tuba? barred from running again for that position because his
service was interrupted by his 60-day suspension
A: Manuel is not eligible to run as mayor of the city of Tuba. which was involuntary. Can ‘A’, legally continue with his
The 1987 Constitution specifically included an exception to candidacy or is he already barred? Why? (2001 BAR)
the people's freedom to choose those who will govern them
in order to avoid the evil of a single person accumulating A: A cannot legally continue with his candidacy. He was
excessive power over a particular territorial jurisdiction as elected as Member of the House of Representatives for a
a result of a prolonged stay in the same office. To allow third term. This term should be included in the computation

Political Law
of the term limits, even if "A" did not serve for a full term. controversies regarding the appreciation of election
(Record of the Constitutional Commission, Vol. n, p. 592.) He returns and certificates of canvass maybe entertained in
remained a Member of the House of Representatives even if elections for members of the House of Representatives. The
he was suspended. canvassing body may correct manifest errors in the
certificate of canvass. His recourse is to file a regular
Q: In the May 1992 elections, Manuel Manalo and election protest before the HRET. (Pimentel v. COMELEC,
Segundo Parate were elected as Mayor and Vice Mayor, 548 SCRA 169, 13 Mar. 2008)
respectively. Upon the death of Manalo as incumbent
municipal mayor, Vice Mayor Segundo Parate Q: Give three issues that can be properly raised and
succeeded as mayor and served for the remaining brought in a pre-proclamation contest. (1996 BAR)
portion of the term of office. In the May 1995 election,
Segundo Parate ran for and won as mayor and then A: According to Sec. 243 of the Omnibus Election Code, the
served for the full term. In the May 1998 elections, following issues can be properly raised:
Parate ran for reelection as Mayor and won again. In the
May 2001 election, Segundo Parate filed his certificate a. The composition or proceedings of the board of
of candidacy for the same position of mayor, but his canvassers are illegal;
rival mayoralty candidate sought his disqualification b. The canvassed election returns are incomplete,
alleging violation of the three-term limit for local contain material defects, approved to be tampered
elective officials provided for in the Constitution and in with, or contain discrepancy in the same returns or
the Local Government Code. Decide whether the in other authenticated copies;
disqualification case will prosper or not. (2001 BAR) c. The election returns were prepared under duress,
threats, coercion, or intimidation, or they are
A: The disqualification case should be dismissed. As held in obviously manufactured or not authentic; and
Borja v. COMELEC (G.R. No. 133495, 03 Sept. 1998) in d. Substitute or fraudulent returns in controverter
computing the three-term limitation imposed upon elective polling places were canvassed, the results of which
local officials, only the term for which he was elected to materially affected the standing of the aggrieved
should be considered. The term which he served as a result candidate or candidates.
of succession should not be included. It is not enough that
the official has served three consecutive terms. He must However, according to Sec. 15 of the Synchronized Election
have been elected to the same position three consecutive Law, no pre- proclamation cases shall be allowed on matters
times. (UPLC Suggested Answers) relating to the preparation, transmission, receipt, custody
and appreciation of the election returns or the certificates
of canvass with respect to the positions of President, Vice-
3. FAILURE OF ELECTION VERSUS ANNULMENT OF
ELECTION RESULTS President, Senator and Member of the House of
Representatives. No pre-proclamation case is allowed in the
case of barangay elections. (UPLC Suggested Answers)
4. PRE-PROCLAMATION CONTROVERSY
(2008, 1996 BAR) 5. ELECTION PROTEST
(2019, 2009, 2008, 2006, 2003, 2001, 1996 BAR)
Q: The 1st Legislative District of South Cotabato is
composed of General Santos and three municipalities Q: Atty. G ran for Governor of the Province of Pampanga,
including Polomolok. During the canvassing while his close friend, Atty. M, ran for Mayor of the
proceedings before the District Board of Canvassers in Municipality of Guagua, Pampanga. They both won
connection with the 2007 congressional elections, convincingly. Eventually, the losing candidates timely
candidate MP objected to the certificate of canvass for filed election protests. The losing gubernatorial
Polomolok on the ground that it was obviously candidate, Mr. A, filed his protest before the Regional
manufactured, submitting as evidence the affidavit of a Trial Court of Pampanga (RTC), whereas the losing
mayoralty candidate of Polomok. The certificate of mayoralty candidate, Mr. B, filed his protest before the
canvass for General Santos was likewise objected to by Municipal Trial Court of Guagua, Pampanga (MTC).
MP on the basis of the confirmed report of the local (2019 BAR)
NAMFREL that 10 election returns from non-existent
precincts were included in the certificate. MP moved (a) Does the RTC have jurisdiction over the case
that the certificate of canvass for General Santos be filed by Mr. A? Explain.
corrected to exclude the results from the non-existent
precincts. The District Board of Canvassers denied both A: The RTC does not have jurisdiction over the case filed by
objections and ruled to include the certificate of Mr. A. COMELEC has jurisdiction over an election contest
canvass. May MP appeal the rulings to the COMELEC? between a losing gubernatorial candidate and a proclaimed
Explain. (2008 BAR) winner of the gubernatorial post. (Sec. 2 (2), Art. IX-C, 1987
Constitution)
A: NO. MP cannot appeal the rulings to the Commission on
Elections. Under Section 15 of Republic Act No. 7166, as (b) Does the MTC have jurisdiction over the case
amended by Republic Act No. 9369, no pre-proclamation filed by Mr. B? Explain.

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: The MTC does not have jurisdiction over the case filed by decided after the term of the contested office had expire, it
Mr. B. The RTC has jurisdiction over an election contest had no practical and legal use and value. (Ong v. Alegre, GR
between a losing municipal mayoralty candidate and a No. 163295, 23 Jan. 2006)
proclaimed municipal mayor. (Sec. 2 (2), Art. IX-C, 1987
Constitution) (b) Abdul also consults you whether his political
party can validly nominate his wife as
Q: As counsel for the protestant, where will you file an substitute candidate for Vice- Mayor of Tawi-
election protest involving a contested elective position Tawi in May 2010 elections in case the
in: (2009, 1996 BAR) COMELEC disqualifies him and denies due
course to or cancels his certificate of candidacy
a. the barangay? in view of a false material representation
b. the municipality? therein. What will be your advice?
c. the province?
A: I shall advise Abdul that his wife cannot be nominated as
d. the city?
substitute candidate for Vice- Governor of Tawi-Tawi. The
e. The House of Representatives?
denial of due course and cancellation of a certificate of
candidacy is not one of the cases in which a candidate may
A: In accordance with Sec. 2(2), Art. IX-C of the Constitution
be validly substituted. A cancelled certificate does not give
an election protest involving the elective position
rise to a valid candidacy. Under Section 77 of the Omnibus
enumerated should be filed in the following courts or
Election Code, a valid candidacy is an indispensable
tribunals:
requisite in case of a substitution of a disqualified
candidate. (Miranda v. Abaya, GR No. 136351, 28 Jul. 1999)
a. Barangay – Metropolitan Trial Court, Municipal
Circuit Trial Court, or Municipal Trial Court Q: Under the Omnibus Election Code (B.P. 881, as
b. Municipality – Regional Trial Court amended), briefly differentiate an election protest
c. Province – COMELEC from a quo warranto case, as to who can file the case
d. City –COMELEC and the respective grounds therefor. (2006, 2001 BAR)
e. House of Representatives – Under Sec. 17. Art. VI
of the Constitution, an election protest involving the A: An election protest may be filed by a losing candidate for
position of Member of the House of the same office for which the winner filed his certificate of
Representatives shall be filed in the House of candidacy. A quo warranto may be filed by any voter who is
Representatives Electoral Tribunal. (UPLC a registered voter in the constituency where the winning
Suggested Answers) candidate sought to be disqualified ran for office.
Q: Abdul ran and won in the May 2001, 2004 and 2007 In an election contest, the issues are: (a) who received the
elections for Vice-Governor of Tawi-Tawi. After being majority or plurality of the votes which were legally cast
proclaimed Vice- Governor in the 2004 elections, his and (b) whether there were irregularities in the conduct of
opponent, Khalil, filed an election protest before the the election which affected its results.
Commission on Election. Ruling with finality on the
protest, the COMELEC declared Khalil as the duly In a quo warranto case, the issue is whether the candidate
elected Vice- Governor though the decision was who was proclaimed elected should be disqualified because
promulgated only in 2007, when Abdul had fully served of ineligibility or disloyalty to the Philippines. (UPLC
his 2004-2007 term and was in fact already on his Suggested Answers)
2007-2010 term as Vice Governor. (2008 BAR)
Q: In the municipal mayoralty elections in 1980, the
(a) Abdul now consults you if he can still run for candidate who obtained the highest number of votes
Vice-Governor of Tawi-Tawi in the forthcoming was subsequently declared to be disqualified as a
May 2010 election on the premise that he could candidate and so ineligible for the office to which he
not be considered as having served as Vice- was elected. Would this fact entitle a competing
Governor from 2004-2007 because he was not candidate who obtained the second highest number of
duly elected to the post, as he assumed office votes to ask and be proclaimed the winner of the
merely as a presumptive winner and that elective office? Reasons. (2003 BAR)
presumption was later overturned when
COMELEC decided with finality that had lost in A: According to Trinidad v. COMELEC, (GR No. 135716, 23
the May 2004 elections. What will be your Sept. 1999) if the candidate who obtained the highest
advice? number of votes is disqualified, the candidate who obtained
the second highest number of votes cannot be proclaimed
A: I shall advice Abdul that he cannot run for Vice-Governor the winner. Since he was not the choice of the people, he
of Tawi-Tawi in the May 2010 elections. His second term cannot claim any right to the office.
should be counted as a full term served in contemplation of
the three- term limit prescribed by Section 8, Article X of the However, the alleged "second-placer," should be
Constitution. Since the election protest against him was proclaimed if the certificate of candidacy was void ab initio.

Political Law
In short, the winner was never a candidate at all and all

votes were stray votes. Thus, the second-placer is the only XII. LOCAL GOVERNMENTS
qualified candidate who actually garnered the highest
number of votes. (Tea v. COMELEC, G.R. No. 195229, 09 Oct.
2012)
A. PRINCIPLES OF LOCAL AUTONOMY

Q: In an election protest involving the position of
Governor of the Province of Laguna between "A", the
protestee, and "B" the protestant, the First Division of
the Commission on Elections rendered a decision
upholding B's protest. Can "A" file a petition for B. AUTONOMOUS REGIONS AND THEIR RELATION TO
certiorari with the Supreme Court under Rule 65 of the THE NATIONAL GOVERNMENT
Rules of Court, from the decision of the COMELEC First
Division? If yes, Why? If not what procedural step must
he undertake first? (2001 BAR)
C. LOCAL GOVERNMENT UNITS

A: "A" cannot file a petition for certiorari with the Supreme
Court. As held in Mastura vs. Commission on Elections (G.R.
No. 124521, 29 Jan. 1998), the Supreme Court cannot review
the decisions or resolutions of a division of the Commission 1. POWERS
on Elections. "A" should first file a motion for
reconsideration with the Commission on Elections en banc. a. POLICE POWER (GENERAL WELFARE CLAUSE)
(2010, 2004, 2003 BAR)
6. QUO WARRANTO
Q: ABC operates an industrial waste processing plant
within Laoag City. Occasionally, whenever fluid
Q: Distinguish briefly between Quo Warranto in
substances are released through a nearby creek,
elective office and Quo Warranto in appointive office.
obnoxious odor is emitted causing dizziness among
(2012 BAR)
residents in Barangay La Paz. On complaint of the
A: In quo warranto in elective officer, the issue is the Punong Barangay, the City Mayor II wrote ABC
ineligibility of the elected candidate (Section 3(E), Rule 1, demanding that it abate the nuisance. This was ignored.
Rules of Procedure in Election Cases). If he is ineligible, the An invitation to attend a hearing called by the
candidate who got the second highest number of votes Sangguniang Panlungsod was also declined by the
cannot be proclaimed elected (Sinsuat v. COMELEC, GR No. president of ABC. The city government thereupon
169106, 23 Jun. 2006). A voter may file for quo warranto issued a cease and desist order to stop the operations
against an elected candidate. The petition should be filed of the plant, prompting ABC to file a petition for
within ten days after the proclamation of the elected injunction before the Regional Trial. Court, arguing that
candidate. the city government did not have any power to abate
the alleged nuisance. Decide with reasons. (2010 BAR)
In quo warranto in appointive office, the issue is the legality
of the appointment. The court will decide who between the A: The city government has no power to stop tile operations
parties has the legal title to the office. (Nachura, 2014) It is of the plant. Since its operations is not a nuisance per se, the
the Solicitor General, a public prosecutor, or a person city government cannot abate it extra judicially. A suit must
claiming to be entitled to the public office who can file a be filed in court. (ACEnterprises, Inc. v. Frabelle Properties
petition for quo warrato against an appointive official. (Secs. Corporation, G.R. No. 166744, 02 Nov. 2006)
2 And 5, Rule 65 of the Rules of Court) The petition should be
Q: The Sangguniang Panlungsod of Pasay City passed an
filed within one year after the cause of action accrued. (Sec.
ordinance requiring all disco pub owners to have all
11, Rules 66 of the Rules of Court)
their hospitality girls tested for the AIDS virus. Both
disco pub owners and the hospitality girls assailed the
validity of the ordinance for being violative of their
constitutional rights to privacy and to freely choose a
calling or business. Is the ordinance valid? Explain.
(2010 BAR)
A: The ordinance is a valid exercise of police power. The

right to privacy yields to certain paramount rights of the
public and defers to the exercise of police power. The
ordinance is not prohibiting the disco pub owners and the
hospitality girls from pursuing their calling or business but
is merely regulating it (Social Justice Society v. Dangerous

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Drugs Board, GR No. 157870, 03 Nov. 2008) The ordinance is municipality has an existing freedom park which,
a valid exercise of police power, because its purpose is to though smaller in size, is still suitable for the purpose,
safeguard public health. (Beltran vs. Secretary of Health, GR and to pursue expropriation would be needless
No. 133640 25 Nov. 2005) expenditure of the people’s money. Is the disapproval
of the ordinance correct? Explain your answer. (2009
Q: The City of San Rafael passed an ordinance BAR)
authorizing the City Mayor, assisted by the police, to
remove all advertising signs displayed or exposed to A: The disapproval of the ordinance is not correct. Under
public view in the main city street, for being offensive Section 56(c) of the Local Government Code, the Sangguniang
to sight or otherwise a nuisance. AM, whose advertising Panlalawigan of Leyte can declare the ordinance invalid
agency owns and rents out many of the billboards only if it is beyond the power of the Sangguniang Bayan of
ordered removed by the City Mayor, claims that the City Bulalakaw. In the instant case, the ordinance is well within
should pay for the destroyed billboards at their current the power of the Sangguniang Bayan. The disapproval of the
market value since the City has appropriated them for ordinance by the Sangguniang Panlalawigan of Leyte was
the public purpose of city beautification. The Mayor outside its authority having been done on a matter
refuses to pay, so AM is suing the City and the Mayor for pertaining to the wisdom of the ordinance which pertains
damages arising from the taking of his properly without to the Sangguniang Bayan. (Moday v. Court of Appeals, G.R.
due process nor just compensation. Will AM’s suit No. 107916, 20 Feb. 1997)
prosper? Reason briefly. (2004 BAR)
Q: The Sangguniang Bayan of the Municipality of Santa,
A: The suit of AM will not prosper. The removal of the Ilocos Sur passed Resolution No. 1 authorizing its
billboards is not an exercise of the power of eminent Mayor to initiate a petition for the expropriation of a
domain but of police power (Churchill v. Rafferty, GR No. L- lot owned by Christina as site for its municipal sports
10572, 21 Dec. 1915). The abatement of a nuisance in the center. This was approved by the Mayor. However, the
exercise of police power does not constitute taking of Sangguniang Panlalawigan of Ilocos Sur disapproved
property and does not entitle the owner of the property the Resolution as there might still be other available
involved to compensation (Association of Small Landowners lots in Santa for a sports center. Nonetheless, the
in the Philippines, Inc. v. Secretary of Agrarian Reform GR Municipality of Santa, through its Mayor, filed a
No. 78742, 14 Jul. 1989). complaint for eminent domain. Christina opposed this
on the following grounds: (2005 BAR)
Q:
(a) the Municipality of Santa has no power to
(a) Can a Barangay Assembly exercise any police expropriate;
power? (2003 BAR)
A: The Municipality of Santa has the power to expropriate.
A: NO. The Barangay Assembly cannot exercise any police Section 19 of the Local Government Code grants all local
power. Under Section 398 ofthe Local Government Code, it government units the power of eminent domain. However,
can only recommend to the Sangguniang Barangay the Section 19 of the Local Government Code requires an
adoption of measures for the welfare of the barangay and ordinance, not a resolution, for the exercise of the power of
decide on the adoption of an initiative. eminent domain. (Heirs of Alberto Suguitan v. City of
Mandaluyong, G.R. No. 135087, 14 Mar. 2000)
(b) Can the Liga ng mga Barangay exercise
legislative powers? (2003 BAR) (b) Resolution No. 1 has been voided since the
Sangguniang Panlalawigan disapproved it for
A: The Liga ng Mga Barangay cannot exercise legislative being arbitrary; and
powers. As stated in Bito-Onon v. Fernandez (GR No. 139813,
31 Jan. 2001), it is not a local government unit and its A: The disapproval of Resolution No. 1 by the Sangguniang
primary purpose is to determine representation of the liga Panlalawigan of Ilocos Sur on the ground that there may be
in the sanggunians; to ventilate, articulate, and crystallize other lots available in Santa is not a valid ground, because
issues affecting barangay government administration; and it can disapprove Resolution No. 1 solely on the ground that
to secure solutions for them through proper and legal it is beyond the power of the Sangguniang Bayan of Santa.
means. (Moday v. Court of Appeals, G.R. No. 107916, 20 Feb. 1997)
b. EMINENT DOMAIN (c) the Municipality of Santa has other and better
(2009, 2005 BAR) lots for that purpose. Resolve the case with
reasons.
Q: The Municipality of Bulalakaw, Leyte, passed
Ordinance No. 1234, authorizing the expropriation of A: If there are other lots that are better and more
two parcels of land situated in the poblacion as the site appropriate for the municipal sports center, the lot owned
of a freedom park, and appropriating the funds needed by Christina should not be expropriated. Its choice is
therefor. Upon review, the Sangguniang Panlalawigan arbitrary. (Municipality of Meycauayan v. IAC, G.R. No.
of Leyte disapproved the ordinance because the 72126, 29 Jan. 1988)

Political Law
c. TAXING POWER the commerce of man, the City Mayor and the City Engineer
cannot lease or license portions of the city streets to market
Q: Under the Constitution, what are the three main stallholders. (UPLC Suggested Answers)
sources of revenues of local government units? (1999
BAR) ALTERNATIVE ANSWER:
A: The following are the main sources of revenues of local The petition should be denied. Under Section 21(d) of the
government units under the constitution: Local Government Code, a city may by ordinance
temporarily close a street so that a flea market may be
a. Taxes, fees, and charges. (Sec. 5, Art. X, 1987 Constitution) established. (ibid.)
b. Share in the national taxes. (Sec. 6, Art. X, 1987 Q: Jose Y. Sabater is a real estate developer. He acquires
Constitution) raw lands and converts them into subdivisions. After
acquiring a lot of around 15 hectares in Cabanatuan
c. Share in the proceeds of the utilizations and development City, he caused the preparation of a subdivision plan for
of the national wealth within their areas. (Sec. 7, Art. X, 1987 the property. Before he was able to submit the
Constitution) subdivision plan to the Bureau of Lands and/or Land
Registration Commission for verification and/or
d. CLOSURE AND OPENING OF ROADS approval, he was informed that he must first present
the plan to the City Engineer who would determine
e. LEGISLATIVE POWER whether the zoning ordinance of the Cabanatuan City
had been observed. He was surprised when he was
i. REQUISITES FOR VALID ORDINANCE asked to pay the city government a service fee of P0.30
(2009, 2003, 1998, 1996 BAR) per square meter of land, covered by his subdivision
plan. He was even more surprised when informed that
Q: The Municipality of Bulalakaw, Leyte, passed a fine of P200.00 and/or imprisonment for not
Ordinance No. 1234, authorizing the expropriation of exceeding six months or both, have been fixed in the
two parcels of land situated in the poblacion as the site ordinance as penalty for violation thereof. Believing
of a freedom park, and appropriating the funds needed that the city ordinance is illegal, he filed suit to nullify
therefor. Upon review, the Sangguniang Panlalawigan the same. Decide the case with reasons. (1998 BAR)
of Leyte disapproved the ordinance because the
municipality has an existing freedom park which, A: The ordinance is null and void. In Villacorta v. Bernardo
though smaller in size, is still suitable for the purpose, (GR No. L-31249, 19 Aug. 1986) the Supreme Court held that
and to pursue expropriation would be needless a municipal ordinance cannot amend a national law in the
expenditure of the people's money. Is the disapproval guise of implementing it. In this case, the requirement
of the ordinance correct? Explain your answer. (2009 actually conflicts with sec. 44 of Act No. 496 because the
BAR) latter does not require subdivision plans to be submitted to
the City Engineer before they can be submitted for approval
A: The disapproval of the ordinance is not correct. Under to, and verification by, the Land Registration Commission
Section 56(c) (Local Government Code), the Sangguniang and/or the Bureau of Lands. (UPLC Suggested Answers)
Panlalawigan of Leyte can declare the ordinance invalid
only if it is beyond the power of the Sangguniang Bayan of Q: Jose Y. Sabater is a real estate developer. He acquires
Bulalakaw. In the instant case, the ordinance is well within raw lands and converts them into subdivisions. After
the power of the Sangguniang Bayan. The disapproval of the acquiring a lot of around 15 hectares in Cabanatuan
ordinance by the Sangguniang Panlalawigan of Leyte was City, he caused the preparation of a subdivision plan for
outside its authority having been done on a matter the property. Before he was able to submit the
pertaining to the wisdom of the ordinance which pertains subdivision plan to the Bureau of Lands and/or Land
to the Sangguiniang Bayan (Moday v. Court of Appeals, GR Registration Commission for verification and/or
No. 107916, 20 Feb. 1997). approval, he was informed that he must first present
the plan to the City Engineer who would determine
Q: An aggrieved resident of the City of Manila filed whether the zoning ordinance of the Cabanatuan City
mandamus proceedings against the city mayor and the had been observed. He was surprised when he was
city engineer to compel these officials to remove the asked to pay the city government a service fee of P0.30
market stalls from certain city streets which they had per square meter of land, covered by his subdivision
designated as flea markets. Portions of the said city plan. He was even more surprised when informed that
streets were leased or licensed by the respondent a fine of P200.00 and/or imprisonment for not
officials to market stallholders by virtue of a city exceeding six months or both, have been fixed in the
ordinance. Decide the dispute. (2003 BAR) ordinance as penalty for violation thereof. Believing
that the city ordinance is illegal, he filed suit to nullify
A: The petition should be granted. In accordance with
the same. Decide the case with reasons. (1998 BAR)
Macasiano v. Diokno (GR No. 97764, 10 Aug. 1992), since
public streets are properties for public use and are outside

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: The ordinance is null and void. In Villacorta v. Bernardo Sangguniang Bayan pursuant to Section 142 of the
(GR No. L-31249, 19 Aug. 1986) the Supreme Court held that Local Government Code;
a municipal ordinance cannot amend a national law in the
guise of implementing it. In this case, the requirement 3. In accordance with Sec. 606 of the Revised
actually conflicts with sec. 44 of Act No. 496 because the Administrative Code, there must be an
latter does not require subdivision plans to be submitted to appropriation of the public funds; and in
the City Engineer before they can be submitted for approval accordance with Sec. 607, there must be a
to, and verification by, the Land Registration Commission certificate of availability of funds issued by the
and/or the Bureau of Lands. (UPLC Suggested Answers) municipal treasurer; and
Q: 4. The contract must conform with the formal

requisites of written contracts prescribed by law.
(a) How does the local legislative assembly (UPLC Suggested Answers)
override the veto by the local chief executive of
an ordinance? (1996 BAR) g. ULTRA VIRES ACTS
A: Under Secs. 54 (a) and 55 (c) of the Local Government 2. LIABILITY OF LOCAL GOVERNMENT UNITS
Code, the local legislative assembly can override the veto of
the local chief executive by two-thirds vote of all its
members. (UPLC Suggested Answers) 3. SETTLEMENT OF BOUNDARY DISPUTES
(2005, 1999 BAR)
(b) On what grounds can a local chief executive
veto an ordinance? (1996 BAR) Q: There was a boundary dispute between Duenas, a
municipality, and Passi, an independent component
A: Under Sec. 55(a) of the Local Government Code, the local city, both of the same province. State how the two local
chief executive may veto an ordinance on the ground that it government units should settle their boundary dispute.
is ultra vires or prejudicial to the public welfare. (ibid.) (2005 BAR)
(c) How can an ordinance vetoed by a local chief A: Boundary disputes between local government units
executive become a law without it being should, as much as possible, be settled amicably. After
overridden by the local legislative assembly? efforts at settlement fail, then the dispute may be brought
(1996 BAR) to the appropriate Regional Trial Court in the said province.
Since the Local Government Code is silent as to what body
A: Pursuant to Sec. 54(b) of the Local Government Code, an has exclusive jurisdiction over the settlement of boundary
ordinance vetoed by the local chief executive shall be disputes between a municipality and an independent
deemed approved if he does not communicate his veto to component city of the same province, the Regional Trial
the local legislative assembly within 15 days in the case of a Courts have general jurisdiction to adjudicate the said
province and 10 days in the case of a city or a municipality. controversy. (Municipality of Kananga v. Madrona, G.R. No.
Likewise, if the veto by the local executive has been 141375, 03 April 2003)
overridden by the local legislative assembly, a second veto
will be void. Under Sec. 55(c) of the Local Government Code, Q: What body or bodies are vested by law with the
the local chief executive may veto an ordinance only once. authority to settle disputes involving: (1999 BAR)
(ibid.)
(a) two or more towns within the same province
ii. LOCAL INITIATIVE AND REFERENDUM
A: Under Sec. 118(b) of the Local Government Code,
f. CORPORATE POWERS boundary disputes involving two or more municipalities
within the same province shall be settled by the
Q: The Municipality of Sibonga, Cebu, wishes to enter Sangguniang Panlalawigan concerned. (UPLC Suggested
into a contract involving expenditure of public funds. Answers)
What are the legal requisites therefor? (1995, 1991
BAR) (b) two or more highly urbanized cities.
A: The following are the legal requisites for the validity of a A: Under Sec. 118(d) of the Local Government Code,
contract to be entered into by the Municipality of Sibonga boundary disputes involving two or more highly urbanized
which involves the expenditure of public funds: cities shall be settled by the Sangguniang Panlungsod of the
parties. (ibid.)
1. The contract must be within the power of the
municipality;
2. The contract must be entered into by the proper

officer, i.e., the mayor, upon resolution of the

Political Law
4. VACANCIES AND SUCCESSION 5. RECALL

(2019, 2008, 2022 BAR)
Q: Suppose the people of a province want to recall the
Q: R was elected as Municipal Councilor for three (3) provincial governor before the end of his three-year
consecutive terms. Before the end of the third term, term of office. (2002 BAR)
Vice Mayor S died, rendering his post vacant. Since R
was the highest-ranking Municipal Councilor, he (a) On what ground or grounds can the provincial
assumed the office of the Vice Mayor. One of his governor be recalled?
constituents, T, assailed R’s assumption of office,
arguing that elections should have been conducted to A: In accordance with Sec. 69 of the Local Government Code,
fill in the vacancy following the death of Vice Mayor S. the Governor can be recalled for loss of confidence. (UPLC
Suggested Answers)
Is T’s contention correct? Explain. (2019 BAR)
(b) How will the recall be initiated?
A: NO, T’s contention is not correct. Succession in local
government offices is by operation of law. Section 44 of A: Under Sec. 70 of the Local Government Code, the recall
Republic Act No. 7160, otherwise known as the Local may be initiated by a resolution adopted by a majority of all
Government Code, provides that if a permanent vacancy the members of the preparatory recall assembly, which
occurs in the office of the vice mayor, the highest ranking consists of all the mayors, the vice-mayors, and the
sanggunian member shall become vice mayor. (Montebon v. sangguniang members of the municipalities and component
Commission on Elections, G.R. No. 180444, 8 Apr. 2008) cities, or by a written petition signed by at least twenty-five
per cent (25%) of the total number of registered voters in
Q: On August 8, 2008, the Governor of Bohol died and the province. (ibid.)
Vice- Governor Cesar succeeded him by operation of
law. Accordingly, Benito, the highest-ranking member (c) When will the recall of an elective local official
of the Sangguniang Panlalawigan was elevated to the be considered effective?
position of Vice-Governor. By the elevation of Benito to
the office of Vice- Governor, a vacancy in the A: According to Section 72 of the Local Government Code,
Sangguniang Panlalawigan was created. How should the recall of an elective local official shall take effect upon
the vacancy be filled? (2008 BAR) the election and proclamation of a successor in the person
of the candidate receiving the highest number of votes cast
A: In accordance with Section 45 of the Local Government during the election on recall. (ibid.)
Code, the vacancy should be filled by appointment by the
President of the nominee of the political party of Benito 6. TERM LIMITS
since his elevation to the position of Vice-Governor created (2019, 2018, 2016 BAR)
the last vacancy in the Sangguniang Panlalawigan. If Benito
does not belong to any political party, a qualified person Q: Atty. G ran for Governor of the Province of Pampanga,
recommended by the Sangguniang Panlalawigan should be while his close friend, Atty. M, ran for Mayor of the
appointed. (Navarro v. Court of Appeals, GR No. 141307, 28 Municipality of Guagua, Pampanga. They both won
Mar. 2001) convincingly. Eventually, the losing candidates timely
filed election protests. The losing gubernatorial
Q: A vacancy occurred in the sangguniang bayan of a candidate, Mr. A, filed his protest before the Regional
municipality when X, a member, died. X did not belong Trial Court of Pampanga (RTC), whereas the losing
to any political party. To fill up the vacancy, the mayoralty candidate, Mr. B, filed his protest before the
provincial governor appointed A upon the Municipal Trial Court of Guagua, Pampanga (MTC).
recommendation of the sangguniang panlalawigan. On
the other hand, for the same vacancy, the municipal What are the term limits for the positions of Atty. G and
mayor appointed B upon the recommendation of the Atty. M? (2019 BAR)
sangguniang bayan. Which of these appointments is
valid? (2002 BAR) A: The term limits for both are three terms of three years
for each term. (Sec. 43(a), Local Government Code)
A: As held in Farinas v. Barba (GR No. 116763, 19 Apr. 1996)
neither of the appointments is valid. Under Sec. 45 of the Q: R was elected as Municipal Councilor for three (3)
Local Government Code, in case of a permanent vacancy in consecutive terms. Before the end of the third term,
the Sangguniang Bayan created by the cessation in office of Vice Mayor S died, rendering his post vacant. Since R
a member who does not belong to any political party, the was the highest-ranking Municipal Councilor, he
Governor shall appoint qualified person recommended by assumed the office of the Vice Mayor. One of his
the Sangguniang Bayan. Since A was not recommended by constituents, T, assailed R’s assumption of office,
the Sangguniang Bayan, his appointment by the Governor is arguing that elections should have been conducted to
not valid. Since B was not appointed by the Governor but by fill in the vacancy following the death of Vice Mayor S.
the Municipal Mayor, his appointment is also not valid.

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Assuming that R validly assumed S’s post, at the end of A: He is not prohibited. In computing the three- term limit,
R’s term as Vice Mayor, may he run, once more, for the only the term for which the local official was elected should
position of Municipal Councilor? Or, is he prescribed to be considered. The second sentence of Section 8, Article X,
do so under the Local Government Code? Explain. (2019 of the Constitution states that the voluntary renunciation
BAR) shall not be considered as interruption of the continuity of
the service for the full term for which he was elected (Borja
A: R can still run for the position of Municipal Councilor. v. Commission on Elections, G.R. No. 133495, 3 Sept. 1998)
Voluntary renunciation of a term does not cancel the
renounced term in the computation of the three-term limit; (b) if the official has served for three consecutive
conversely, involuntary severance from office for any terms and did not seek a 4th term but who won
length of time short of the full term provided by law in a recall election;
amounts to an interruption of continuity of service.
(Montebon v. Commission on Elections, G.R. No. 180444, 8 A: A mayor who served three consecutive terms and did not
Apr. 2008) seek a fourth term but ran and won in the recall election can
serve, because the recall election was not an immediate
Q: The Province of Amaya is one of the smallest reelection (Socrates v. Commission on Elections, G.R. Nos.
provinces in the Philippines with only one legislative 154512, 154683, 155083-84, 12 Nov. 2002)
district composed of four municipalities: Uno, Dos,
Tres, and Cuatro. (c) if the position of Mayor of a town is abolished
due to conversion of the town to a city;
Andres, a resident and registered voter of Cuatro
municipality, ran and was elected as member of the A: If a municipality in which a mayor served three
Sangguniang Panlalawigan (SP) of Amaya in the 2010 consecutive terms was converted to a city, he
and 2013 local elections. cannot run as city mayor in the first election. For
purposes of applying the three-term limit, the
While Andres was serving his second term as SP office of the municipal mayor should not be
member, a law was enacted re-apportioning the four considered as different from that of the city mayor
towns of Amaya into two legislative districts: Uno and (Latasa v. Commission on Elections, G.R. No. 154829,
Dos comprising the First District, and Tres and Cuatro 10 Dec. 2003)
comprising the Second District.
(d) if the official is preventively suspended during
In the 2016 local elections, Andres ran and was elected his term but was exonerated; and
as member of the SP of Amaya representing the Second
District. A: The temporary inability of an elective official to exercise
his functions due to preventive suspension is not an
Andres seeks your legal advice regarding his intention interruption of his term, because it did not involve loss of
to run as a member of the SP of Amaya for the Second title to the office (Aldovino Jr. v. Commission on Elections, G.R.
District in the next local elections in 2019. What will No. 184836, 23 Dec. 2009)
you advise Andres? (2018 BAR)
(e) if the official is proclaimed as winner and
A: My advise is for him not to run for SP member, because assumes office but loses in an election protest.
doing so violates the limitation of three consecutive terms
upon local elective officials. In the cases of Latasa v. A: If a candidate was proclaimed for three consecutive
COMELEC (G.R. 154289,10 Dec. 2003) and Naval v. COMELEC terms but did not serve in full because of loss in an election
(G.R. No. 207851, 8 Jul. 2014), the Court ruled that the three- protest he is not disqualified. (Lonzanida v. COMELEC, G.R.
term limit applies notwithstanding any reapportionment, No. 135150, 28 July 1999)
renaming, or reclassification of any local government unit.
The clear intent of the framers of the Constitution was to
limit the term to three consecutive elections to the same D. LOCAL TAXATION
position.
Q: Sec. 8, Article X of the 1987 Constitution provides

NATURE AND SOURCE OF
that no elective official shall serve for more than three
TAXING POWER
(3) consecutive terms. Rule and explain briefly the
(2007, 2003, 2001, 1998, 1987 BAR)
reason if the official is prohibited to run for another
term in each of the following situations: (2016 BAR)
Grant of Local Taxing power under the Local
Government Code
(a) if the official is a Vice-Mayor who assumed the
position of Mayor for the unexpired term under
Q: What is the nature of the taxing power of the
the Local Government Code;
provinces, municipalities and cities? How will the local
government units be able to exercise their taxing
powers? (2007 BAR)

Political Law
A: The taxing power of the provinces, municipalities and Is Kerwin correct that only 2/3 of the property should
cities is directly conferred by the Constitution by giving be considered commercial? xxx (2018 BAR)
them the authority to create their own sources of revenue.
The local government units do not exercise the power to tax A: YES. The property must be classified, valued and
as an inherent power or by a valid delegation of the power assessed on the basis of its actual use regardless of where
by Congress, but pursuant to a direct authority conferred located, whoever owns it, and whoever uses it. (Sec. 217,
by the Constitution. (Mactan Cebu International Airport LGC; UPLC Suggested Answers)
Authority v. Marcos, 261 SCRA 667, 1996; NPC v. City of
Cabanatuan, 401 SCRA 259, 2003) ALTERNATIVE ANSWER:
The local government units exercise the power to tax by NO. One of the fundamental principles in the appraisal,
levying taxes, fees and charges consistent with the basic assessment, levy and collection of real property tax under
policy of local autonomy, and to assess and collect all these Section 198 of the LGC is that the real property shall be
taxes, fees and charges which will exclusively accrue to classified for assessment purposes on the basis of its actual
them. The local government units are authorized to pass use. Section 199 of the LGC defines “actual use” as referring
tax ordinances (levy) and to pursue actions for the to the purpose for which the property is principally or
assessment and collection of the taxes imposed in said predominantly utilized by the person in possession thereof.
ordinances. (Secs. 129 & 132, LGC) Hence, considering that, as admitted by Kerwin, 2/3 of the
property ‘s used for commercial purposes, the entire
Q: May Congress, under the 1987 Constitution, abolish property must be classified as “commercial” for real
the power to tax of local governments? (2003 BAR) property tax purposes. (UPLC Suggested Answers)
A: NO. Congress cannot abolish what is expressly granted Q: The Roman Catholic Church owns a 2- hectare lot in
by the fundamental law. The only authority conferred to a town in Tarlac province. The southern side and
Congress is to provide the guidelines and limitations on the middle part are occupied by the Church and a convent,
local government’s exercise of the power to tax. (Sec. 5, Art the eastern side by a school run by the Church itself, the
X, 1987 Constitution) southeastern side by some commercial
establishments, while the rest of the property, in
1. FUNDAMENTAL PRINCIPLES OF LOCAL AND REAL particular the northwestern side, is idle or unoccupied.
PROPERTY TAXATION
May the Church claim tax exemption on the entire
ACTUAL USE PRINCIPLE land? Decide with reasons. (2005 BAR)
(2018, 2009, 2005, 2003, 2001, 2000, 1990, 1988
BAR) A: NO. The portions of the land occupied and used by the
church, convent and school run by the church are exempt
Q: In 2015, Kerwin bought a three-story house and lot from real property taxes while the portion of the land
in Kidapawan, North Cotabato. The property has a floor occupied by commercial establishments and the portion,
area of 600 sq.m. and is located inside a gated which is idle, are subject to real property taxes. The “usage”
subdivision. Kerwin initially declared the property as of the property and not the “ownership" is the determining
residential for real property tax purposes. factor whether or not the property is taxable. (Lung Center
of the Philippines v. Q.C., 433 SCRA 119, 2004)
In 2016, Kerwin started using the property in his
business of manufacturing garments for export. The 2. COMMON LIMITATIONS ON THE TAXING POWERS
entire ground floor is now occupied by state-of-the-art OF LOCAL GOVERNMENT UNITS (2019, 2015, 1987
sewing machines and other equipment, while the BAR)
second floor is used as offices. The third floor is (Sec. 133, LGC)
retained by Kerwin as his family's residence. Kerwin's Q: In 2018, City X amended its Revenue Code to include
neighbors became suspicious of the activities going on a new provision imposing a tax on every sale of
inside the house, and they decided to report it to the merchandise by a wholesaler based on the total selling
Kidapawan City Hall. Upon inspection, the local price of the goods, inclusive of value-added taxes
government discovered that the property was being (VAT). ABC Corp., a wholesaler operating within City X,
utilized for commercial use. Immediately, the challenged the new provision based on the following
Kidapawan Assessor reclassified the property as contentions: xxx 2. since the tax being imposed is akin
commercial with an assessment level of 50% effective to VAT, it is beyond the power of City X to levy the same
January 2017, and assessed Kerwin back taxes and
interest. Kerwin claims that only 2/3 of the building Rule on each of ABC Corp.'s contentions. (2019 BAR)
was used for commercial purposes since the third floor
remained as family residence. He argues that the A: ABC’s second contention is meritorious. One of the
property should have been classified as partly common limitations of the local government unit’s (such as
commercial and partly residential. City X) taxing power under Sec. 133 of the LGC is that it may
not levy VAT on sales, barters or exchanges on goods or

2022 GOLDEN NOTES
QuAMTO (1987-2021)
services. Hence, ABC Corp. is correct in saying that the local (RPT) accruing on the public market building, as well
tax, which is imposed on every sale transaction, is akin to as on the land where said market stands.
VAT; and necessarily, it may not be imposed by City X.
Is the City Assessor correct in including the land in its
Q: In 2014, M City approved an ordinance levying assessment of RPT against V Corp., even if the same is
customs duties and fees on goods coming into the owned by City R? Explain. (2019 BAR)
territorial jurisdiction of the city. Said city ordinance
was duly published on February 15, 2014 with A: YES. City R is correct in including the land in the RPT
effectivity date on March 1, 2014. Assessment. Sec. 234 of the LGC provides that the
properties owned by the government of the Philippines and
Is there a ground for opposing said ordinance? (2015 any of its instrumentalities shall be exempt from RPT
BAR) except when the beneficial use thereof pertains to a non-
exempt entity for a consideration.
A: YES, on the ground that the ordinance is ultra vires. The
taxing powers of local government units such as M City, When City R leased the property to V Corp., the beneficial
cannot extend to the levy of taxes, fees and charges already use of the otherwise exempt property, now pertains to a
imposed by the national government, and this includes, non-exempt entity. (UPLC Suggested Answers)
among others, the levy of customs duties under the Tariff
and Customs Code. (Sec. 133(e), LGC) Q: Kilusang Krus, Inc. (KKI) is a non-stock, non-profit
religious organization which owns a vast tract of land
3. REQUIREMENTS FOR A VALID TAX ORDINANCE in Kalinga.
KKI has devoted 1/2 of the land for various uses: a

4. PROCEDURE FOR APPROVAL AND EFFECTIVITY OF
church with a cemetery exclusive for deceased priests
TAX ORDINANCES
and nuns, a school providing K to 12 education, and a
hospital which admits both paying and charity
5. EXEMPTIONS FROM REAL PROPERTY TAX patients. The remaining 1/2 portion has remained idle.
(2019, 2018, 2017, 2016, 2015, 2009, 2006, 2005,
2002, 2000, 1996, 1990, 1989, 1987 BAR) The KKI Board of Trustees decided to lease the
remaining 1/2 portion to a real estate developer which
Q: Under Article 415 of the Civil Code, in order for constructed a community mall over the property.
machinery and equipment to be considered real
property, the pieces must be placed by the owner of the Since the rental income from the lease of the property
land and, in addition, must tend to directly meet the was substantial, the KKI decided to use the amount to
needs of the industry or works carried on by the owner. finance: (1) the medical expenses of the charity
Oil companies install underground tanks in the patients in the KKI Hospital; and (2) the purchase of
gasoline stations located on land leased by the oil books and other educational materials for the students
companies from the owners of the land where the of KKI School. (2018 BAR)
gasoline stations (are) located. Are those underground
tanks, which were not placed there by the owner of the Is KKI liable for real property taxes on the land?
land but which were instead placed there by the lessee
of the land, considered real property for purposes of A: YES, but only on the leased portion. Article VI, Section
real property taxation under the local Government 28(3) of the 1987 Constitution provides that “charitable
Code? Explain. (2003 BAR) institutions, churches and personages or convents
appurtenant thereto, mosques, non-profit cemeteries, and
A: YES. The properties are considered as necessary fixtures all lands, buildings, and improvements, actually, directly,
of the gasoline station, without which the gasoline station and exclusively used for religious, charitable, or
would be useless. Machinery and equipment installed by educational purposes shall be exempt from taxation”. The
the lessee of leased land is not real property for purposes test of exemption from taxation is the use of the property
of execution of a final judgment only. They are considered for purposes mentioned in the Constitution. The leased
as real property for real property tax purposes as “other portion of the land may be subject to real property tax since
improvements to affixed or attached real property under such lease is for commercial purposes, thereby, removing
the Assessment Law and the Real Property Tax Code. the asset from the property tax exemption granted under
(Caltex v. Central Board of Assessment Appeals, 114 SCRA the Constitution. (CIR vs. De La Salle University, Inc., GR. Nos,
296, 1982) 196596, 198841, 198941, 09 Nov. 2016; UPLC Suggested
Answers)
Q: City R owns a piece of land which it leased to V Corp.
In turn, V Corp. constructed a public market there on Q: San Juan University is a non-stock, non-profit
and leased the stalls to vendors and small storeowners. educational institution. It owns a piece of land in
The City Assessor then issued a notice of assessment Caloocan City on which its three 3-storey school
against V Corp. for the payment of real property taxes building stood. Two of the buildings are devoted to

Political Law
classrooms, laboratories, a canteen, a bookstore, and comprise the required medical departments in various
administrative offices. The third building is reserved as medical fields. (City Assessor of Cebu City v Association of
dormitory for student athletes who are granted Benevola de Cebu, Inc., G.R. No. 152904, 08 June 2007; UPLC
scholarships for a given academic year. Suggested Answers)
In 2017, San Juan University earned income from Q: LLL is a government instrumentality created by
tuition fees and from leasing a portion of its premises Executive Order to be primarily responsible for
to various concessionaires of food, books, and school integrating and directing all reclamation projects for
supplies. (2017 BAR) the National Government. It was not organized as a
stock corporation, nor was it intended to operate
Can the City Treasurer of Caloocan City collect real commercially and compete in the private market.
property taxes on the land and building of San Juan
University? Explain your answer. By virtue of its mandate, LLL in 2008 reclaimed several
portions of the foreshore and offshore areas of the
A: YES. The City Treasurer can collect real property taxes Manila Bay, some of which were within the territorial
but on the leased portion. Sec. 4(3), Art. XIV of the 1987 jurisdiction of Q City. Certificates of titles to the
Constitution provides that a non-stock, non-profit reclaimed properties in Q City were issued in the name
educational institution shall be exempt from taxes and of LLL in 2008. In 2014, Q City issued warrants of Levy
duties only if the same are used actually, directly, and on said reclaimed properties of LLL based on the
exclusively for educational purposes. The test of exemption assessment for delinquent property taxes for the years
from taxation is the use of the property for purposes 2010 to 2013.
mentioned in the Constitution. The leased portion of the
building may be subject to real property tax since such (a) Are the reclaimed properties registered in the
lease is for commercial purposes, thereby, it removes the name of LLL subject to real property tax?
asset from the property tax exemption granted under the
Constitution. (CIR v. De La Salle University, Inc., G.R. No. A: The reclaimed properties are not subject to real property
196596, 09 Nov. 2016; UPLC Suggested Answers) tax because LLL is a government instrumentality. Under the
law, real property owned by the Republic of the Philippines
Q: The Philippine-British Association, Inc. (Association) is exempt from real property tax unless the beneficial use
is a non-stock, non-profit organization which owns the thereof has been granted to a taxable person. (Sec 234, LGC)
St. Michael's Hospital (Hospital). Sec. 216 in relation to When the title of the real property is transferred to LLL, the
Sec. 215 of the LGC classifies all lands, buildings and Republic remains the owner of the real property. Thus,
other improvements thereon actually, directly, and such arrangement does not result in the loss of the tax
exclusively used for hospitals as "special." A special exemption. (Republic of the Philippines, represented by The
classification prescribes a lower assessment than a Philippine Reclamation Authority v. City of Paranaque, 2012;
commercial classification. UPLC Suggested Answers)
Within the premises of the Hospital, the Association ALTERNATIVE ANSWER: No. LLL is an instrumentality of
constructed the St. Michael's Medical Arts Center the national government which cannot be taxed by local
(Center) which will house medical practitioners who government units. LLL is not a government-owned or
will lease the spaces therein for their clinics at controlled corporation taxable for real property taxes. (City
prescribed rental rates. The doctors who treat the of Lapu-Lapu v. PEZA, GR No. 184203, 26 Nov. 2014)
patients confined in the Hospital are accredited by the
Association. (b) Will your answer be the same in (a) if from
2010 to the present time, LLL is leasing
portions of the reclaimed properties for the
The City Assessor classified the Center as "commercial" establishment and use of popular fastfood
instead of "special" on the ground that the Hospital restaurants J Burgers, G Pizza, and K Chicken?
owner gets income from the lease of its spaces to (2015 BAR)
doctors who also entertain out-patients. Is the City
Assessor correct in classifying the Center as A: NO. As a rule, properties owned by the Republic of the
"commercial?" Explain. (2016 BAR) Philippines are exempt from real property tax except when
the beneficial use thereof has been granted, for
A: NO. The City Assessor is not correct in classifying the consideration or otherwise, to a taxable person. When LLL
Center as “commercial.” leased out portions of the reclaimed properties to taxable
entities, such as the popular fast food restaurants, the
The fact alone that the separate St. Michael’s Medical Arts reclaimed properties are subject to real property tax. (Sec.
Center will house medical practitioners who shall treat the 234(a), LGC; GSIS v. City Treasurer and City Assessor of the
patients confined in the Hospital and are accredited by the City of Manila; UPLC Suggested Answers)
Association takes away the said Medical Arts Center from
being categorized as “commercial” since a tertiary hospital
is required by law to have a pool of physicians who

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: Republic Power Corporation (RPC) is a government-

owned and controlled corporation engaged in the XIII. NATIONAL ECONOMY AND PATRIMONY
supply, generation and transmission of electric power.
In 2005, in order to provide electricity to Southern
Tagalog provinces, RPC entered into an agreement with
Q: What is meant by National Patrimony? Explain the
Jethro Energy Corporation (JEC), for the lease of JEC’s
concept of National Patrimony? (1999 BAR)
power barges which shall be berthed at the port of
Batangas City. The contract provides that JEC shall own A: National patrimony refers not only to our natural
the power barges and the fixtures, fittings, machinery, resources but also to our cultural heritage. (Manila Prince
and equipment therein, all of which JEC shall supply at Hotel v. Government Service Insurance System, GR No.
its own cost, and that JEC shall operate, manage and 122156, 03 Feb. 1997)
maintain the power barges for the purpose of
converting the fuel of RPC into electricity. The contract
also stipulates that all real estate taxes and
A. REGALIAN DOCTRINE
assessments, rates and other charges, in respect of the
power barges, shall be for the account of RPC.
Q: A bank acquired a large tract of land as the highest

In 2007, JEC received an assessment of real property
bidder in the foreclosure sale of the mortgaged assets
taxes on the power barges from the Assessor of
of its borrower. It appears that the land has been
Batangas City. JEC sought reconsideration of the
originally registered under the Torrens system in 1922
assessment on the ground that the power barges are
pursuant to the provisions of the Philippine Bill of
exempt from real estate taxes under Section 234 (c) of
1902, the organic act of the Philippine Islands as a
R.A. 7160 as they are actually, directly and exclusively
colony of the USA. Sec. 21 of the Philippine Bill of 1902
used by RPC, a government- owned and controlled
provided that "all valuable mineral deposits in public
corporation. Furthermore, even assuming that the
lands in the Philippine Islands, both surveyed and
power barges are subject to real property tax, RPC
unsurveyed, are hereby declared to be free and open to
should be held liable therefore, in accordance with the
exploration, occupation and purchase, and the land in
terms of the lease agreement. Is the contention of JEC
which they are found to occupation and purchase, by
correct? Explain your answer. (2009 BAR)
citizens of the United States, or of said Islands." Sec. 27
of the law declared that a holder of the mineral claim so
A: The contention of JEC is not correct. The owner of the
located was entitled to all the minerals that lie within
power barges is JEC which is required to operate, manage
his claim, but he could not mine outside the boundary
and maintain the power barges for the purpose the claim
lines of his claim.
that RPC, a government-owned and controlled corporation
engaged in the supply, generation and transmission of
The 1935 Constitution expressly prohibited the
electric power, is the actual, direct and exclusive user of the
alienation of natural resources except agricultural
barge, hence, does not fall within the purview of the
lands. Sec. 2, Art. XII of the 1987 Constitution contains a
exempting provision of Section 234(c) of RA. No. 7160.
similar prohibition, and proclaims that all lands of the
Likewise, the argument that RPC should be liable to the real
public domain, waters, minerals, coal, petroleum, and
property taxes consonant with the contract is devoid of
other mineral oils, all forces of potential energy,
merit. The liability for the payment of the real estate taxes
fisheries, forests or timber, wildlife, flora and fauna,
is determined by law and not by the agreement of the
and other natural resources are owned by the State.
parties. (FELS Energy Inc. v. The Province of Batangas, 516
This provision enunciates the Regalian Doctrine.
SCRA 186, 2007; UPLC Suggested Answers)
May the Government, on the basis of the Regalian
Doctrine enunciated in the constitutional provisions,
deny the bank its right as owner to the mineral
resources underneath the surface of its property as
recognized under the Philippine Bill of 1902? Explain
A: The government cannot deny the bank its right as owner

of the mineral resources underneath the surface of the
property. The mining rights acquired under Philippine Bill
of 1902 before the effectivity of the 1935 Constitution were
vested rights that cannot be impaired by the Government
(Yinhu Bicol Mining Corporation v. Trans-Asia Oil and Energy
Development Corporation, G.R. No. 207942, 12 Jan. 2015).
Q: The Congress establishes by law Philippine Funds,

Inc., a private corporation, to receive foreign donations

Political Law
coming from abroad during national and local Organization, can file a taxpayer’s suit. As held in Maceda vs.
calamities and disasters, and to enable the Macaraig (GR No. 88291, 31 May 1991), a taxpayer has
unhampered and speedy disbursements of the standing to question the illegal expenditure of public funds.
Directors. Thereby, delays in the release of the donated (b) Would your answer be different if the
funds occasioned by the stringent rules of procurement Philippine Power Corporation, a private
would be avoided. Also, the releases would not come company, were to operate the plant? Explain.
under the jurisdiction of the Commission on Audit
(COA). (2017 BAR) A: The Philippine Environmentalists Organization will have
no standing to file the case if it is a private company that will
(a) Is the law establishing Philippine Funds, Inc. operate the power plant, because no public funds will be
constitutional? Explain your answer. spent for its operation. As held in Gonzales vs. Marcos, 65
SCRA 624, a taxpayer has no standing to file a case if no
A: The establishment of Philippine Funds, Inc. is valid. It was expenditure of public funds is involved.
created to enable the speedy disbursements of donations
for calamities and disasters, Public purpose is no longer
restricted to traditional government functions (Petitioner- C. FRANCHISES, AUTHORITY AND CERTIFICATES FOR
Organization v. Executive Secretary, G.R. Nos, 147036-37 & PUBLIC UTILITIES
147811, 10 Apr. 2012)
(b) Can the Congress pass the law that would

Q: Sec. 11 of Art. XII of the Constitution provides: “No
exempt the foreign grants from the jurisdiction
franchise, certificate or any other form of authorization
of the COA? Explain your answer.
for the operation of a public utility shall be granted
except to citizens of the Philippines or to corporations
A: Congress cannot exempt the foreign grants from the
or associations organized under the laws of the
jurisdiction of the Commission on Audit. Its jurisdiction
Philippines at least sixty per centum of whose capital is
extends to all government-owned or controlled
owned by such citizens x x x.” Does the term “capital”
corporations, including those funded by donations through
mentioned in the cited section refer to the total
the Government. (Art IX-D, Sec. 3 of the 1987 Philippine
common shares only, or to the total outstanding capital
Constitution; and Petitioner Corporation v. Executive
stock, or to both or “separately to each class of shares,
Secretary, G.R. Nos. 147036-37 & 147811, 10 Apr. 2012)
whether common, preferred non-voting, preferred
voting or any class of shares?” Explain your answer.
(2016 BAR)
B. EXPLORATION, DEVELOPMENT AND UTILIZATION
OF NATURAL RESOURCES A: The term “capital” mentioned in Sec. 11, Art. XII of the
Constitution refers to the total outstanding capital stock of
public utilities. The requirement that at least sixty percent
Q: The Philippine Environmentalists’ Organization for of the capital must be owned by Filipino citizens applies
Nature, a duly recognized nongovernmental- separately to each class of shares, whether common,
organization, intends to file suit to enjoin the Philippine preferred non-voting, preferred voting, or any class of
Government from allocating funds to operate a power shares. Mere legal title is not enough. Full beneficial
plant at Mount Tuba in a southern island. They claim ownership of sixty percent of the outstanding capital stock
that there was no consultation with the indigenous is required. (Gamboa v. Teves, GR No. 176579, 09 Oct. 2012)
cultural community which will be displaced from
ancestral lands essential to their livelihood and
indispensable to their religious practices. (2010 BAR) D. ACQUISITION, OWNERSHIP AND TRANSFER OF
PUBLIC AND PRIVATE LANDS
(a) The organization is based in Makati. All its (2009, 2004, 2002, 2000, 1998 BAR)
officers live and work in Makati. Not one of its
officers or members belong to the affected
indigenous cultural community. Do they have
Q: TRUE or FALSE. Explain your answer in not more
the standing in this dispute? Explain.
than two (2) sentences: Aliens are absolutely
prohibited from owning private lands in the
A: If the projected lawsuit will be based on violation of the
Philippines. (2009 BAR)
rights of the indigenous cultural communities, the
Philippine Environmentalists Organization will have no
A: FALSE. Under Sec. 7, Art. XII of the 1987 Constitution,
standing to file the case. None of its officers and members
aliens may acquire private land by hereditary succession.
belong to the indigenous cultural community. None of their
Under Sec. 8, Art. XII of the Constitution, natural-born
rights are affected.
citizens of the Philippines who lost their Filipino citizenship
may be transferees of private land. (UPLC Suggested
If the lawsuit will seek to enjoin the use of public funds to
Answers)
operate the power plant, the Philippine Environmentalists’

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: Express your agreement or disagreement with any of A: I agree. A foreign corporation can only lease private lands
the following statements. Begin your answer with the and cannot lease public land. Under Sec. 2, Art. XII of the
statement: "I AGREE" or "DISAGREE" as the case may be: 1987 Constitution, the exploration, development, and
(1998 BAR) utilization of public lands may be undertaken through co-
production. Joint venture or production-sharing
(a) Anyone, whether individual, corporation or agreements only with Filipino citizens or corporations or
association, qualified to acquire private lands is associations which are at least sixty percent owned by
also qualified to acquire public lands in the Filipino citizens. (ibid.)
Philippines.
Q: EAP is a government corporation created for the
A: I disagree. Under Sec. 7, Art. XII of the 1987 Constitution, purpose of reclaiming lands, including foreshore and
a corporation or association which is sixty percent owned submerged areas, as well as to develop, improve,
by Filipino citizens can acquire private land, because it can acquire, lease, and sell any and all kinds of lands. A law
lease public land and can therefore hold public land. was passed transferring title to EAP of lands already
However, it cannot acquire public land. Under Section 3, acclaimed in the foreshore and offshore areas of MM
Article XII of the Constitution, private corporations and Bay, particularly the so-called Liberty Islands, as
associations can only lease and cannot acquire public land. alienable and disposable lands of the public domain.
Under Section 8, Article XII of the Constitution, a natural- Titles were duly issued in EAP’s name.
born Filipino citizen who lost his Philippine citizenship may
acquire private land only and cannot acquire public land. Subsequently, EAP entered into a joint venture
(UPLC Suggested Answers) agreement (JVA) with ARI, a private foreign
corporation, to develop Liberty Islands. Additionally,
(b) A religious corporation is qualified to have the JVA provided for the reclamation of 250 hectares of
lands in the Philippines on which it may build submerged land in the area surrounding Liberty
its church and make other improvements Islands. EAP agreed to sell and transfer to ARI a portion
provided these are actually, directly and of Liberty Islands and a portion of the area to be
exclusively used for religious purposes. reclaimed as the consideration for ARI's role and
participation in the joint venture, upon approval by the
A: I disagree. The mere fact that a corporation is religious Office of the President. Is there any constitutional
does not entitle it to own public land. As held in Register of obstacle to the sale and transfer by EAP to ARI of both
Deeds v. Ung Siu Si Temple (G.R. No. L-6776, 21 May 1955) portions as provided for in the JVA? (2004 BAR)
land tenure is not indispensable to the free exercise and
enjoyment of religious profession of worship. The religious A: YES. ARI cannot acquire a portion of Liberty Islands
corporation can own private land only if it is at least sixty because, although EAP has title to Liberty Islands and thus
percent owned by Filipino citizens. (ibid.) such lands are alienable and disposable land, they cannot be
sold, only leased, to private corporations. The portion of the
(c) A religious corporation cannot lease private area to be reclaimed cannot be sold and transferred to ARI
lands in the Philippines. because the seabed is inalienable land of the public domain.
(Sec. 3, Art. XII, 1987 Constitution; Chavez v. Public Estates
A: I disagree. Under Sec. 1 of P.D. No. 471, corporations and Authority, G.R. No. 133250, 09 July 2002; UPLC Suggested
associations owned by aliens are allowed to lease private Answers)
lands up to twenty-five years, renewable for another period
of twenty-five years upon agreement of the lessor and the Q: A, a Filipino citizen, and his wife B, a Japanese
lessee. Hence, even if the religious corporation is owned by national, bought a five-hectare agricultural land from X,
aliens, it can lease private lands. (ibid.) a Filipino citizen. The couple later executed a deed of
donation over the same land in favor of their only child
(d) A religious corporation can acquire private C. A year later, however, C died in vehicular accident
lands in the Philippines provided all its without leaving a last will and testament.
members are citizens of the Philippines.
Now, X brought suit to recover the land on the ground
that B, being an alien, was not qualified to buy the land
A: I disagree. For a corporation to qualify to acquire private
when B and A jointly bought the land from him and that,
lands in the Philippines, under Sec, 7, Art. X of the 1987
upon the death of C, the land was inherited by his
Constitution in relation to Sec. 2, Art. XII of the 1987
parents, but B cannot legally acquire and/or inherit it.
Constitution, only sixty percent (60%) of the corporation is
How should the case be decided? If X filed the suit
required to be owned by Filipino citizens for it to qualify to
against C when the latter was still alive, would your
acquire private lands. (ibid.)
answer be the same? Why? (2002 BAR)
(e) A foreign corporation can only lease private
A: X cannot recover the land whether from C or A and B.
lands in the Philippines.
Under Sec. 1 (2), Art. IV of the 1987 Constitution, C is a
Filipino citizen since his father is a Filipino. When A and B
donated the land to C, it became property of a Filipino

Political Law
citizen. As held in Halili v. Court of Appeals (G.R. No. 113539, 3. 100%

12 Mar. 1998), the sale of land to an alien can no longer be
annulled if it has been conveyed to a Filipino citizen. Since A: Mass media must be wholly owned by Filipino citizens
C left no will and his parents are his heirs, in accordance under the Constitution. (Sec. 11 (1), Art. XVI, 1987
with Article XII, Section 7 of the Constitution, B can acquire Constitution)
the land by hereditary succession. (UPLC Suggested
Answers) (b) Give two cases in which aliens may be allowed
to acquire equity in a business activity but
Q: Andy Lim, an ethnic Chinese, became a naturalized cannot participate in the management thereof?
Filipino in 1935. But later he lost his Filipino
citizenship when he became a citizen of Canada in 1971. A: Under the Constitution, aliens may acquire equity but
Wanting the best of both worlds, he bought, in 1987, a cannot participate in the management of business entities
residential lot in Forbes Park and a commercial lot in engaged in the following activities:
Binondo. Are these sales valid? Why? (2000 BAR)
a. Public utilities (Sec. 11 Art. XII, 1987 Constitution)
A: NO. The sales are not valid. Under Sec. 8, Art. XII of the b. Education (Sec. 4 (2), Art. XIV, 1987 Constitution)
1987 Constitution, only a natural born citizen of the c. Advertising (Sec. 11 (2), Art. XVI, 1987 Constitution)
Philippines who lost his Philippine citizenship may acquire
private land. Since Andy Lim was a former naturalized Q: A news agency incorporated under Philippine Laws
Filipino citizen, he is not qualified to acquire private lands. won two international awards for its stand on freedom
(UPLC Suggested Answers) of expression. One of its founding directors even won
the Nobel Peace Prize. For championing free
expression, it received a substantial investment offer
from a British philanthropist.
E. PRACTICE OF PROFESSIONS
The investment offer comes in the form of funds which
can cover at least 80% of the news agency’s operations,
both in print and online. In exchange, however, the
F. ORGANIZATION AND REGULATION OF British philanthropist would acquire 51% of the news
CORPORATIONS, PRIVATE AND PUBLIC agency’s outstanding common and voting stocks, as
(2020-2021, 2015 BAR) well as get a seat for the philanthropist’s nominee in the
news agency’s governing board.
Q: Are the conditions of the investment constitutional?

Explain briefly. (2020-21 BAR)
(a) Give a business activity the equity of which
must be owned by Filipino citizens: (1994 BAR) A: No, they are not. They are violative of the provision in the
Constitution which requires all mass media establishments,
1. at least 60% including the subject news agency, to be wholly-owned and
managed (or 100 percent owned and managed) by
A: At least sixty per cent (60%) of the equity of the entities Philippine citizens, or by corporations, cooperatives or
engaged in the following business must be owned by associations wholly-owned and managed by such citizens.
Filipino citizens under the Constitution. (Bar Q&A by Cruz, 2022)
i. Co-production, joint venture, or production Q: BD Telecommunications, Inc. (BDTI), a Filipino-

sharing agreement with the State for the owned corporation, sold its 1,000 common shares of
exploration, development, and utilization of stock in the Philippine Telecommunications Company
natural resources (Sec. 2, Art. XII, 1987 (PTC), a public utility, to Australian
Constitution) Telecommunications (AT), another stockholder of the
ii. Operation of a public utility (Sec. 11, Art. XII, 1987 PTC which also owns 1,000 common shares. A Filipino
Constitution) stockholder of PTC questions the sale on the ground
iii. Education (Sec. 4 (2), Art. XIV, 1987 Constitution) that it will increase the common shares of AT, a foreign
company, to more than 40% of the capital (stock) of
2. at least 70% PTC in violation of the 40% limitation of foreign
ownership of a public utility. AT argues that the sale
A: At least seventy percent (70%) of the equity of business does not violate the 60-40 ownership requirement in
entities engaged in advertising must be owned by Filipino favor of Filipino citizens decreed in Section II, Article
citizens under the Constitution. (Sec. 11 (2), Art. XVI, 1987 XII of the 1987 Constitution because Filipinos still own
Constitution) 70% of the capital of the PTC. AT points to the fact that
it owns only 2,000 common voting shares and 1,000
non-voting preferred shares while Filipino
stockholders own 1,000 common shares and 6,000

2022 GOLDEN NOTES
QuAMTO (1987-2021)
preferred shares, therefore, Filipino stockholders still vs. Power Sector Assets and Liabilities Management Corp., GR
own a majority of the outstanding capital stock of the No. 192088, 9 Oct. 2012)
corporation, and both classes of shares have a par value
of Php 20.00 per share. Decide. (2015 BAR)
G. MONOPOLIES, RESTRAINT OF TRADE AND UNFAIR
A: “The application of the Grandfather Rule is justified by COMPETITION
the circumstance of the case to determine the nationality of
petitioners. The use of the Grandfather Rule as a
“Supplement” to the Control Test is not Prescribed by the
Constitution…” “The grandfather Rule, standing alone,
should not be used to determine the Filipino ownership and
control in a corporation, as it could result in an otherwise
foreign corporation rendered qualified to perform
nationalized or partly nationalized activities. Hence, it is
only when the control test is first complied with that the
Grandfather Rule may be applied. Put in another manner, if
the subject corporation’s Filipino equity falls below the
threshold 60%, the corporation is immediately considered
foreign-owned, in which case, the need to resort to the
Grandfather Rule disappears. As a corollary rule, even if the
60-40 Filipino to foreign equity ratio is apparently met by
the subject or investee corporation, a resort to the
Grandfather Rule is necessary if doubt exists as to the locus
of the “beneficial ownership” and “control.” (Narra Nickel
Mining and Development Corporation v. Redmont
Consolidated Mines Corporation, G.R. No. 195580, 28 Jan.
2015)
Q: Pursuant to its mandate to manage the orderly sale,

disposition and privatization of the National Power
Corporation's (NPC) generation assets, real estate and
other disposable assets, the Power Sector Assets and
Liabilities Management (PSALM) started the bidding
process for the privatization of Angat Hydro Electric
Power Plant (AHEPP).
After evaluation of the bids, K-Pop Energy Corporation,

a South Korean Company, was the highest bidder.
Consequently, a notice of award was issued to K-Pop.
The Citizens' Party questioned the sale arguing that it
violates the constitutional provisions on the
appropriation and utilization of a natural resource
which should be limited to Filipino citizens and
corporations which are at least 60% Filipino-owned.
The PSALM countered that only the hydroelectric
facility is being sold and not the Angat Dam; and that the
utilization of water by a hydroelectric power plant does
not constitute appropriation of water from its natural
source of water that enters the intake gate of the power
plant which is an artificial structure. Whose claim is
correct? Explain. (2015 BAR)
A: PSALM is correct. Foreign ownership of a hydroelectric

power plant is not prohibited by the Constitution. PSALM
will not retain ownership of the Angat Dam. Angat Dam will
trap the natural flow of water from the river. The water
supplied by PSALM will then be used for power generation.
Once the water is removed from its natural source, it ceases
to be part of the natural resources of the Philippines and
may be acquired by the foreigners. (Initiatives for Dialogue

Political Law
(b) Can the CHR issue an "order to desist" or

XIV. SOCIAL JUSTICE AND HUMAN RIGHTS restraining order?
A: The CHR may not issue an "order to desist" or restraining

order. The constitutional provision directing the CHR to
provide for preventive measures to those whose human
A. CONCEPT OF SOCIAL JUSTICE rights have been violated or need protection may not be
construed to confer jurisdiction on the Commission to issue
a restraining order or writ of injunction for, if that were the
intention, the Constitution would have expressly said so.
B. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS Jurisdiction is conferred only by the Constitution or by law.
It is never derived by implication. (Export Processing Zone
Authority v. Commission on Human Rights, G.R. No. 101476,
14 Apr. 1992)
C. COMMISSION ON HUMAN RIGHTS (c) Is the CHR empowered to declare Mayor Cruz in
(2005, 2001 BAR) contempt? Does it have contempt powers at all?
A: The CHR does not possess adjudicative functions and

Q: Squatters and vendors have put up structures in an therefore, on its own, is not empowered to declare Mayor
area intended for a People's Park, which are impeding Cruz in contempt for issuing the "order to desist." However,
the flow of traffic in the adjoining highway. Mayor Cruz under the 1987 Constitution, the CHR is constitutionally
gave notice for the structures to be removed, and the authorized, in the exercise of its investigative functions, to
area vacated within a month, or else, face demolition "adopt its operational guidelines and rules of procedure,
and ejectment. The occupants filed a case with the and cite for contempt for violations thereof in accordance
Commission on Human Rights (CHR) to stop the with the Rules of Court." Accordingly, the CHR, in the course
Mayor's move. of an investigation, may only cite or hold any person in
contempt and impose the appropriate penalties in
The CHR then issued an "order to desist" against Mayor accordance with the procedure and sanctions provided for
Cruz with warning that he would be held in contempt in the Rules of Court. (Cariño v. Commission on Human
should he fail to comply with the desistance order. Rights, G.R. No. 96681, 02 Dec. 1991)
When the allotted time lapsed, Mayor Cruz caused the
demolition and removal of the structures. Accordingly, Q: In order to implement a big government flood
the CHR cited him for contempt. (2005 BAR) control project, the Department of Public Works and
Highways (DPWH) and a local government unit (LGU)
(a) What is your concept of Human Rights? Does removed squatters from the bank of a river and certain
this case involve violations of human rights esteros for relocation to another place. Their shanties
within the scope of the CHR's jurisdiction? were demolished. The Commission on Human Rights
(CHR) conducted an investigation and issued an order
A: Under the Universal Declaration of Human Rights, the for the DPWH and the LGU to cease and desist from
International Covenant on Economic, Social and Cultural effecting the removal of the squatters on the ground
Rights and International Covenant on Civil and Political that the human rights of the squatters were being
Rights, the scope of human rights includes those that relate violated. The DPWH and the LGU objected to the order
to an individual's social, economic, cultural, political and of the CHR. Resolve which position is correct. Reasons.
civil relations along with what is generally considered to be (2001 BAR)
his inherent and inalienable rights, encompassing almost all
aspects of life. A: The position of the Department of Public Works and
Highways and of the local government unit is correct. As
In the case at bar, the land adjoins a busy national highway, held in Export Processing Zone Authority v. Commission on
and the construction of the squatter shanties impedes the Human Rights (G.R. No. 101476, 14 Apr. 1992), no provision
flow of traffic. The consequent danger to life and limb in the Constitution or any law confers on the Commission
cannot be ignored. It is paradoxical that a right which is on Human Rights jurisdiction to issue temporary
claimed to have been violated is one that cannot, in the first restraining orders or writs of preliminary injunction. The
place, even be invoked, if it is, in fact, extant. Based on the Commission on Human Rights have no judicial power. Its
circumstances obtaining in this instance, the CHR order for powers are merely investigatory. (UPLC Suggested Answers)
demolition does not fall within the compartment of human
rights violations involving civil and political rights intended
by the Constitution. (Simon v. Commission on Human Rights,
G.R. No. 100150, 05 Jan. 1994)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
There are two steps involved in the amendment or revision

XV. AMENDMENTS OR REVISIONS OF THE of the Constitution. The first is the proposal and the second
CONSTITUTION is the ratification. (Cruz, 2014)
Q: An amendment to or a revision of the present

Constitution maybe proposed by a Constitutional
Q: TRUE or FALSE. A law making "Bayan Ko" the new
Convention or by the Congress upon a vote of three-
national anthem of the Philippines, in lieu of "Lupang
fourths of all its members. Is there a third way of
Hinirang," is constitutional. (2009 BAR)
proposing revisions of or amendments to the
Constitution? If so, how? (2004 BAR)
A: TRUE. Congress may by law adopt a new national
anthem, but it shall take effect only upon ratification by the
A: There is no third way of proposing revisions to the
people in a national referendum. (Sec 2, Art. XVI, 1987
Constitution; however, the people through initiative upon
Constitution)
petition of at least twelve per cent of the total number of
registered voters, of which every legislative district must be
represented by at least three per cent of the registered
A. PROCEDURE TO AMEND OR REVISE THE voters in it may directly propose amendments to the
CONSTITUTION Constitution. This right is not operative without an
(2019, 2017, 2014, 2004, 1997 BAR) implementing law (Section 2, Article XVI, 1987 Const.)
Q: A proposal to change a provision of the 1987

Q: State the various modes of and steps in revising or Constitution has been put forth as follows:
amending the Philippine Constitution. (2017, 1997 Original Text: "The Philippines is a democratic and
BAR) republican State. Sovereignty resides in the people and
all government authority emanates from them"
A: There are three modes of amending the Constitution and
two modes for revising the Constitution. Proposed text: "The Philippines is a democratic and
socialist State. Sovereignty resides in the party and all
1. Under Section 1. Article XVIII of the Constitution. government authority emanates from it." (2019 BAR)
Congress may by three- fourths vote of all its
Members propose any amendment to or revision of (a) Is this an amendment or revision? Explain.
the Constitution. This method is also known as an
A: The proposal is a revision. Using the qualitative test
amendment or revision by the Congress acting as a
provided in the case of Lambino v. COMELEC, the main
Constituent Assembly.
inquiry is whether the change will "accomplish such far
2. Under the same provision, a constitutional
reaching changes in the nature of our basic governmental
convention may propose any amendment to or
plan as to amount to a revision." In this case, the proposal
revision of the Constitution. According to Section 3
to change where the sovereignty resides—from the people
Article XVII of the Constitution, Congress may, by a
to the party—definitely alters the nature of the Philippine
two- thirds vote of all its Members, call a
government, thus satisfying the test. (Lambino v. COMELEC,
constitutional convention or by a majority vote of
G.R. No. 174153, 25 Oct. 2006)
all its members submit the question of calling such
a convention to the electorate.
(b) Briefly explain the process to revise the
3. Under Section 2, Article XVII of the Constitution,
1987 Constitution.
the people may directly propose amendments to
the Constitution through initiative upon a petition A: Any revision of the Constitution may be proposed by:
of at least twelve per cent of the total number of 1. The Congress, upon a vote of three-fourths of
registered voters, of which every legislative district all its Members; or
must be represented by at least three per cent of 2. A constitutional convention.
the registered voters therein.
The Congress may, by a vote of two-thirds of all its
It should be noted that under the 3rd aforementioned members, call a constitutional convention, or by a majority
method of initiative, the people may propose only vote of all its Members, submit to the electorate the
amendments, not a revision. question of calling such a convention.
According to Section 4 Article XVII of the Constitution, to be The revision shall be valid when ratified by a majority of the
valid any amendment to or revision of the Constitution, votes cast in a plebiscite which shall be held not earlier than
must be ratified by a majority of the votes cast in a sixty days nor later than ninety days after the approval of
plebiscite. such amendment or revision. (Secs. 1, 3 & 4, Art XVII, 1987
Constitution)

Political Law
Q: A priority thrust of the Administration is the change

of the form of government from unitary to federal. The XVI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS,
change can be effected only through constitutional CULTURE AND SPORTS
amendment or revision.
Cite at least three provisions of the Constitution that

need to be amended or revised to effect the change from
unitary to federal, and briefly explain why? (2017 BAR) A. ACADEMIC FREEDOM
(2013, 2003, 1999, 1993, 1989 BAR)
A:
1. Sec. 3, Article X must be omitted because the
legislature will no longer define the scope of Q: What is Academic Freedom? Discuss the extent of
the powers of the government. Academic Freedom enjoyed by institutions of higher
2. Sec. 4, Article X will have to be omitted. The learning. (2013, 1999, 1989 BAR)
President will no longer have the power of
supervision over local governments. A: Academic freedom is the freedom of a faculty member to
3. Sec. 5, Article X must be omitted. Congress will pursue his studies in his particular specialty and thereafter
no longer be allowed to impose limitations on to make known or publish the result of his endeavors
the power of taxation of local governments. without fear that retribution would be visited on him in the
event that his conclusions are found distasteful or
NOTE: The panel wishes to recommend liberality in favor objectionable by the powers that be, whether in the
of the examinee for this question, as answers can be gleaned political, economic, or academic establishments. (Reyes v.
from many articles and provisions of the Constitution, Court of Appeals, G.R. No. 94961, 25 Feb. 1991)
among them Articles VI, VII, and X.
It was held that the academic freedom of an institution of
Q: With the passage of time, the members of the House higher learning includes the freedom to determine who may
of Representatives increased with the creation of new teach, what may be taught, how it shall be taught, and who
legislative districts and the corresponding adjustments may be admitted to study. Because of academic freedom, an
in the number of party-list representatives. At a time institution of higher learning can refuse to re-enroll a
when the House membership was already 290, a great student who is academically deficient or who has violated
number of the members decided that it was time to the rules of discipline. Academic freedom grants
propose amendments to the Constitution. The Senators, institutions of higher learning the discretion to formulate
however, were cool to the idea. But the members of the rules for the granting of honors. Likewise, because of
House insisted. They accordingly convened Congress academic freedom, an institution of higher learning can
into a constituent assembly in spite of the opposition of close a school. (Garcia v. Faculty Admission Committee, G.R.
the majority of the members of the Senate. When the No. L-40779, 28 Nov. 1975)
votes were counted, 275 members of the House of
Representatives approved the proposed amendments. Q: What is the constitutional provision concerning the
Only 10 Senators supported such proposals. The teaching of religion in the elementary and high schools
proponents now claim that the proposals were validly in the Philippines? Explain. (1999 BAR)
made, since more than the required three-fourths vote
of Congress has been obtained. The 14 Senators who A: Under Sec. 3(3), Art. XIV of the 1987 Constitution, at the
voted against the proposals claim that the proposals option expressed in writing by the parents or guardians,
needed not three-fourths vote of the entire Congress religion shall be allowed to be taught to their children or
but each house. Since the required number of votes in wards in public elementary and high schools within the
the Senate was not obtained, then there could be no regular class hours by instructors designated or approved
valid proposals, so argued the Senators. Were the by the religious authorities to which the children or wards
proposals validly adopted by Congress? (2014 BAR) belong, without additional cost to the Government. (UPLC
Suggested Answers)
A: The proposal were not validly adopted, because the ten
(10) Senators who voted in favor of the proposed Q: Give two duties of the state mandated by the
amendments constituted less than three-fourths of all the Constitution regarding education. (1999 BAR)
Members of the Senate. Although Section 1, Article XVII of
A: The Constitution imposes the following duties regarding
the Constitution did not expressly provide that the Senate
education upon the State:
and the House of Representatives must vote separately,
when the Legislature consist of two (2) houses, the
1. The State shall protect and promote the right of all
determination of one house is to be submitted to the
citizens to quality education at all levels and shall
separate determination of the other house. (Miller v. Mardo,
take appropriate steps to make such education
G.R. No. L-15138, 31 July 1961)
accessible to all. (Sec. 1, Art. XIV, 1987 Constitution)
2. The State shall establish, maintain, and support a
complete, adequate, and integrated system of

2022 GOLDEN NOTES
QuAMTO (1987-2021)
education relevant to the needs of the people and denial of admission was based on the university’s rules
society. (Sec. 2 (1), Art. XIV, 1987 Constitution) and admission policies. Unable to cope with the
3. The State shall establish and maintain a system of depression that his non-admission triggered, Bobby
free public education in the elementary and high committed suicide. His family sued the school for
school levels. (Sec. 2 (2), Art. XIV, 1987 Constitution) damages, citing the school’s grossly unreasonable rules
4. The State shall establish and maintain a system of that resulted in the denial of admission. They argued
scholarship grants, student loan programs, that these rules violated Bobby’s human rights and the
subsidies, and other incentives which shall be priority consideration that the Constitution gives to the
available to deserving students in both public and education of the youth. You are counsel for the
private schools, especially to the underprivileged. university. Explain your arguments in support of the
(Sec. 2 (3), Art. XIV, 1987 Constitution) university’s case. (2013 BAR)
5. The State shall encourage non-formal, informal and
indigenous learning systems, as well as self- A: I shall argue that under Sec. 5 (2), Art. XIV of the 1987
learning, independent and out-of-school study Constitution, the educational institution enjoys academic
program particularly those that respond to freedom. Academic freedom includes its rights to prescribe
community needs. (Sec. 2 (4), Art. XIV, 1987 academic standards, policies, and qualifications for the
Constitution) admission of a student. (University of San Agustin, Inc. v.
6. The State shall provide adult citizens, the disabled, Court of Appeals, G.R. No. 100588, 7 Mar. 1994)
and out-of-school youth with training in civics,
vocational efficiency and other skills. (Sec. 2 (5), Q: Children who are members of a religious sect have
Art. XIV, 1987 Constitution) been expelled from their respective public schools for
7. The State shall take into account regional and refusing, on account of their religious beliefs, to take
sectoral needs and conditions and shall encourage part in the flag ceremony which includes playing by a
local planning in the development of educational band or singing the national anthem, saluting the
policies and programs. (Sec. 5 (1), Art. XIV, 1987 Philippine flag, and reciting the patriotic pledge. The
Constitution) students and their parents assail the expulsion on the
8. The State shall enhance the rights of teachers to ground that the school authorities have acted in
professional advancement. Non-teaching academic violation of their right to free public education,
and non-academic personnel shall enjoy the freedom of speech, and religious freedom and worship.
protection of the State. (Sec. 5 (4), Art. XIV, 1987 Decide the case. (2003 BAR)
Constitution)
9. The State shall assign the highest budgetary A: The students cannot be expelled from school. To compel
priority to education and ensure that teaching will students to take part in the flag ceremony when it is against
attract and retain its rightful share of the best their religious beliefs will violate their religious freedom.
available talents through adequate remuneration Their expulsion also violates the duty of the State under Sec.
and other means of job satisfaction and fulfillment. 1, Art. XIV, of the 1987 Constitution to protect and promote
(Sec. 5 (5), Art. XIV, 1987 Constitution) the right of all citizens to quality education and make such
education accessible to all. (Ebralinag v. The Division
Q: What is the rule on the number of aliens who may Superintendent of Schools of Cebu, G.R. No. 95770, 01 Mar.
enroll in educational institutions in the Philippines? 1993)
Give the exception to the rule. May such institutions
accept donations from foreign students under the Q: Undaunted by his three failures in the National
pretext that such donations are to be used to buy Medical Admission Test (NMAT), Cruz applied to take it
equipment and improve school facilities? Explain. again, but he was refused because of an order of the
(1999 BAR) Department of Education, Culture and Sports (DECS)
disallowing flunkers from taking the test a fourth time.
A: Under Sec. 4(2), Art. XIV of the 1987 Constitution, no Cruz filed suit assailing this rule raising the
group of aliens shall comprise more than one-third of the constitutional grounds of accessible quality education,
enrollment in any school. The exception refers to schools academic freedom, and equal protection. The
established for foreign diplomatic personnel and their government opposes this, upholding the
dependents and, unless otherwise provided by law, for constitutionality of the rule on the ground of exercise of
other foreign temporary residents. police power. Decide the case discussing the grounds
raised. (2000 BAR)
Educational institutions may accept donations from foreign
students. No provision in the Constitution or any law A: The rule is a valid exercise of police power to ensure that
prohibits it. (UPLC Suggested Answers) those admitted to the medical profession are qualified. The
arguments of Cruz are not meritorious. The right to quality
Q: Bobby, an incoming third year college student, was education and academic freedom are not absolute.
denied admission by his university, a premiere (Department of Education, Culture and Sports v. San Diego,
educational institution in Manila, after he failed in G.R. No. 89572, 21 Dec. 1989)
three (3) major subjects in his sophomore year. The

Political Law
Under Sec. 5 (3), Art. XIV of the 1987 Constitution, the right
to choose a profession is subject to fair, reasonable and XVII. PUBLIC INTERNATIONAL LAW
equitable admission and academic requirements. The rule
does not violate equal protection. There is a substantial
distinction between medical students and other students.
Unlike other professions, the medical profession directly
affects the lives of the people. (UPLC Suggested Answers) A. CONCEPTS
(2019, 2017, 2008, 2007, 2006, 1991 BAR)
Q: Ting, a student of Bangkerohan University, was given
a failing grade by Professor Mahigpit. Ting confronted
Professor Mahigpit in the corridor after class and a Q: Select any five (5) of the following and explain each,
heated argument ensued. Cooler heads prevented the using examples:
verbal war ending in physical confrontation. Mahigpit
left the campus and went shopping in a department 1. Reprisal
store. Ting saw Mahigpit and without any warning 2. Retorsion
mauled the latter. Mahigpit filed an administrative 3. Declaratory Theory of Recognition Principle
complaint against Ting before the Dean of Students for 4. Recognition of Belligerency
breach of university rules and regulations. The Dean set 5. Continental Shelf
the complaint for hearing. However, Ting filed a 6. Exequatur
petition before the RTC to prohibit the Dean and the 7. Principle of Double Criminality (2007, 2019
school from investigating him contending that the BAR)
mauling incident happened outside the school 8. Protective Personality
premises and therefore, outside the school's 9. Innocent Passage
jurisdiction. The school and the Dean answered that the 10. Jus cogens in International Law (1991, 2019
school can investigate Ting since his conduct outside BAR)
school hours and even outside of school premises affect
the welfare of the school; and furthermore, the case A:
involves a student and faculty member. If you were the
judge, how would you decide the case? (1993 BAR) 1. REPRISAL is a coercive measure short of war,
directed by a state against another, in retaliation
A: If I were the Judge, I would dismiss the petition. A school for acts of the latter and as means of obtaining
can subject to disciplinary action a student who assaulted a reparation or satisfaction for such acts. Reprisal
professor outside the school premises, because the involves retaliatory acts which by themselves
misconduct of the student involves his status as, a student would be illegal. For example, for violation of a
or affects the good name or reputation of the school. treaty by a state, the aggrieved state seizes on the
(Angeles v. Sison, G.R. No. L-45551, 16 Feb. 1982) Therefore, high seas the ships of the offending state.
the misconduct of Ting directly affects his suitability as a
student. 2. 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
B. CONSTITUTIONAL TAX EXEMPTIONS FOR CERTAIN
retorsion is banning exports to the offending state.
EDUCATIONAL INSTITUTIONS
3. DECLARATORY THEORY OF RECOGNITION is a
theory according to which recognition of a state is
merely an acknowledgment of the fact of its
existence. In other words, the recognized state
already exists and can exist even without such
recognition. For example, when other countries
recognized Bangladesh, Bangladesh already
existed as a state even without such recognition.
4. RECOGNITION OF BELLIGERENCY is the formal

acknowledgment by a third party of the existence
of a state of war between the central government
and a portion of that state.
Belligerency exists when a sizeable portion of the

territory of a state is under the effective control of
an insurgent community which is seeking to
establish a separate government and the
insurgents are in de facto control of a portion of the

2022 GOLDEN NOTES
QuAMTO (1987-2021)
territory and population, have a political PRINCIPLE OF COMMAND RESPONSIBILITY

organization, are able to maintain such control, and
conduct themselves according to the laws of war. Q: Command responsibility pertains to the
For example, Great Britain recognized a state of responsibility of commanders for crimes committed by
belligerency in the United States during the Civil subordinate members of the armed forces or other
War. persons subject to their control in international wars or
domestic conflicts. The doctrine has now found
5. CONTINENTAL SHELF of a coastal state comprises application in civil actions for human rights abuses and
the seabed and subsoil of the submarine areas that proceedings seeking the privilege of the writ of
extend beyond its territorial sea throughout the Amparo.
natural prolongation of its land territory to the
outer edge of the continental margin, or to a What are the elements to be established to hold the
distance of 200 nautical miles from the baselines superior or commander liable under the doctrine of
from which the breadth of the territorial sea is command responsibility? (2017 BAR)
measured where the outer edge of the continental
shelf does not extend up to that distance. A: The elements to be established in to the superior liable
under the doctrine of command responsibility are as
6. EXEQUATUR is an authorization from the follows: The existence of a superior-subordinate
receiving state admitting the head of a consular relationship between the accused as superior and the
post to the exercise of his functions. For example, if perpetrator of the crime as his subordinate; The superior
the Philippines appoints a consul general for New knew or had reason to know that the crime was about to be
York, he cannot start performing his functions or had been committed; The superior failed to take the
unless the President of the United States issues an necessary and reasonable measures to prevent the criminal
exequatur to him. acts or punish the perpetrators thereof (Rodriguez v. GMA,
G.R. Nos. 191805 & 193160, 15 Nov. 2011)
7. The PRINCIPLE OF DOUBLE CRIMINALITY
requires that the crime for which extradition is PACTA SUNT SERVANDA AND REBUS SIC STANTIBUS
sought must be recognized as a crime by both the
requesting State and the State to which the fugitive Q: State A and State B, two sovereign states, enter into a
has fled. For example, since murder is a crime both 10-year mutual defense treaty. After five years, State A
in the Philippines and in Canada, under the Treaty finds that the more progressive State B did not go to the
on Extradition between the Philippines and aid of State A when it was threatened by its strong
Canada, the Philippines can request Canada to neighbor State C. State B reasoned that it had to be
extradite a Filipino who has fled to Canada. prudent and deliberate in reacting to State C because of
(Magallona, 2005) their existing trade treaties.
8. PROTECTIVE PERSONALITY principle is the What is the difference between the principles of pacta
principle by which the state exercise jurisdiction sunt servanda and rebus sic stantibus in international
over the acts of an alien even if committed outside law? (2017 BAR)
its territory if such acts are adverse to the interest
of the national state. A: Pacta sunt servanda means that every treaty in force is
binding upon the States who are parties to it and States
9. INNOCENT PASSAGE means the right of must perform their obligation in good faith. (Deutsche Bank
continuous and expeditious navigation of a foreign AG Manila Branch v. Commissioner of Internal Revenue, G.R.
ship through the territorial sea of a state for the No. 188550, 19 Aug. 2013)
purpose of traversing that sea without entering the
internal waters or calling at a roadstead or port Rebus sic stantibus means that a fundamental change of
facility outside internal waters or proceeding to or circumstances, which occurred with regard to those
from internal waters or a call at such roadstead or existing at the time of the conclusion of a treaty and which
port facility. The passage is innocent so long as it is was not foreseen by the parties may not be invoked for
not prejudicial to the peace, good order, or security withdrawing from a treaty unless their existence
of the coastal state. constituted an essential basis of the consent of the parties
and their effect is to radically transform the extent of the
10. JUS COGENS is a peremptory norm of general obligations still to be performed. (Art. 62, Vienna Convention
international law accepted and recognized by the on the Law of Treaties)
international community, as a whole, 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.
(Art. 53, Vienna Convention on the Law of Treaties)

Political Law
SOVEREIGNTY Q: What is the principle of auto-limitation? (2006 BAR)
Q: How is state sovereignty defined in International A: Under the principle of auto-limitation, any state may by
Law? (2006 BAR) its consent, express or implied, submit to a restriction of its
sovereign rights. There may thus be a curtailment of what
A: Sovereignty signifies the right to exercise the functions of otherwise is a plenary power. (Reagan v. CIR, G.R. L-26379,
a State in regard to a portion of the globe to the exclusion of 27 Dec. 1969)
any other State. It is the principle of exclusive competence
of a State in regard to its own territory (The Island of Las Q: What is the relationship between reciprocity and the
Palmas Case, 2 Report of International Arbitration Awards principle of auto-limitation? (2006 BAR)
839, 1928).
A: By reciprocity, States grants to one another rights or
ALTERNATIVE ANSWER: concessions, in exchange for identical or comparable duties,
thus acquiring a right as an extension of its sovereignty and
State sovereignty is the ability of a state to act without
at the same time accepting an obligation as a limitation to
external controls on the conduct of its affairs. (Fox, 1992)
its sovereign will, hence, a complementation of reciprocity
and auto-limitation.
Q: Is state sovereignty absolute? (2006 BAR)
A: State sovereignty is not absolute. It is subject to Q: What is the doctrine of sovereign immunity in
limitations imposed by membership in the family of nations International Law? (1998 BAR)
and limitations imposed by treaty stipulations. (Tanada v
Angara, G.R. No. 118295, 02 May 1997) A: By the doctrine of sovereign immunity, a State, its agents,
and property are immune from the judicial process of
JUS COGENS another State, except with its consent. Thus, immunity may
be waived, and a State may permit itself to be sued in the
Q: May a treaty violate international law? If your courts of another State.
answer is in the affirmative, explain when such may
happen. If your answer is in the negative, explain why. Sovereign immunity has developed into two schools of
(2008 BAR) thought, namely, absolute immunity and restrictive
immunity. By absolute immunity, all acts of a State are
A: YES. A treaty may violate international law (understood covered or protected by Immunity. On the other hand,
as general international law) if it conflicts with a restrictive immunity makes a distinction between
peremptory norm or jus cogens of international law. A governmental or sovereign acts (acta jure imperii) and
treaty is void if at the time of its conclusion, it conflicts with nongovernmental, propriety or commercial acts (acta jure
jus cogens norm. (Art. 53, Vienna Convention on the Law of gestiones). Only the first category of acts is covered by
Treaties) Moreover, if a new peremptory norm of general sovereign immunity. The Philippine adheres to the
international law emerges, any existing treaty which is in restrictive immunity school of thought. (UPLC Suggested
conflict with that norm becomes void and terminates. (Art. Answers)
54, Vienna Convention on the Law of Treaties)
ALTERNATIVE ANSWER:
B. RELATIONSHIP BETWEEN INTERNATIONAL AND In United States vs. Ruiz (G.R. No. L-35645, 22 May 1985), the
NATIONAL LAW Supreme Court explained the doctrine of sovereign
Immunity in international law; “The traditional rule of State
(2010, 2009, 2006, 2003, 1998, 1997, 1991 BAR) immunity exempts a State from being sued in the courts of
another State without its consent or waiver, this rule is a
necessary consequence of the principles of independence
and equality of states. However, the rules of International
Q: What is the concept of association under
Law are not petrified, they are constantly developing and
international law? (2009 BAR)
evolving. Arid because the activities of states have
multiplied, it has been necessary to distinguish them —
A: An association is formed when two states of unequal
between sovereign and government acts (jure imperii) and
power voluntarily establish durable links. The associate
private, commercial and proprietary acts (jure gestionis).
delegates certain responsibilities to the other, the principal,
The result is that State immunity now extends only to acts
while maintaining its status as a state. It is an association
jure imperii.” (UPLC Suggested Answers)
between sovereigns. The associated state arrangement has
usually been used as a transitional device of former colonies
Q: What do you understand by the "Doctrine of
on their way to full independence. (Province of North
Incorporation" in Constitutional Law? (1997 BAR)
Cotabato v. GRP Peace Panel on Ancestral Domain, G.R. No.
183591, 14 Oct. 2008)
A: Doctrine of Incorporation means that the rules of
international law form part of the law of the land and no

2022 GOLDEN NOTES
QuAMTO (1987-2021)
legislative action is required to make them applicable to a ALTERNATIVE ANSWER:

country. The Philippines follows this doctrine, because Sec.
2, Art. II of the 1987 Constitution states that the Philippines I would take the proposition assigned to Team "C" as being
adopts the generally accepted principles of international nearer to the legal reality in the Philippines, namely, "A
law as part of the law of the land. (UPLC Suggested Answers) country's Constitution prevails over international law, but
international law prevails over municipal statutes".
Q: The dictatorial regime of President A of the Republic
of Gordon was toppled by a combined force led by Gen. This is, however, subject to the place of international law in
Abe, former royal guards and the secessionist Gordon the Philippine Constitutional setting in which treaties or
People’s Army. The new government constituted a customary norms in international law stand in parity with
Truth and Reconciliation Commission to look into the statutes, and in case of irreconcilable conflict, this may be
serious crimes committed under President A’s regime. resolved by lex posteriori derogat lex priori as the Supreme
After the hearings, the Commission recommended that Court obiter dictum in Abbas v. COMELEC (GR. No. 89651,
an amnesty law be passed to cover even those involved 10 Nov. 1989) holds. Hence, a statute enacted later than the
in mass killings of members of indigenous groups who conclusion or effectivity of a treaty may prevail.
opposed President A. International human rights
groups argued that the proposed amnesty law is In the Philippine legal system, there are no norms higher
contrary to international law. Decide with reasons. than constitutional norms. The fact that the Constitution
(2010 BAR) makes generally accepted principles of international law or
conventional international law as part of Philippine law
A: The proposed amnesty law is contrary to international does not make them superior to statutory law. (Secretary of
law. The mass killings of member of indigenous groups Justice v. Lantion, GR. No. 139465, 18 Jan 2000)
constitute genocide under Article II (a), Convention for the
Prevention and Punishment of the crime of Genocide. The Q: The State of Nova, controlled by an authoritarian
international norm for the prevention, prosecution and government, had unfriendly relations with its
punishment of Genocide is a peremptory norm of neighboring State, Ameria. Bresia, another neighboring
international law, and therefore, non-derogable. State, had been shipping arms and ammunitions to
(Prosecutor v. Blagojevic and Jokic, ICTY, 17 Jan. 2005) Nova for use in attacking Ameria.
Q: An organization of law students sponsored an inter- To forestall an attack, Ameria placed floating mines on
school debate among three teams with the following the territorial waters surrounding Nova. Ameria
assignments and propositions for each team to defend: supported a group of rebels organized to overthrow the
government of Nova and to replace it with a friendly
Team "A" - International law prevails over municipal government.
law.
Team "B" - Municipal law prevails over international Nova decided to file a case against Ameria in the
law. International Court of Justice. (1994 BAR)
Team "C" – A country's Constitution prevails over
international law but international law prevails over (a) On what grounds may Ameria move to dismiss
municipal statutes. the case with the ICJ?
If you were given a chance to choose the correct A: By virtue of the principle of sovereign immunity, no
proposition, which would you take and why? (2003 sovereign state can be made a party to a proceeding before
BAR) the International Court of Justice unless it has given its
consent. If Ameria has not accepted the Jurisdiction of the
A: I shall take the proposition for Team C. International Law International Court of Justice, Ameria can invoke the
and municipal laws are supreme in their own respective defense of lack of jurisdiction. Even if Ameria has accepted
fields. Neither has hegemony over the other. (Brownlie, the jurisdiction of the court but the acceptance is limited
1990) Under Sec. 2, Art. II of the 1987 Constitution, the and the limitation applies to the case, it may invoke such
generally accepted principles of international law form part limitation its consent as a bar to the assumption of
of the law of the land. Since they merely have the force of jurisdiction. If jurisdiction has been accepted, Ameria can
law, if it is Philippine courts that will decide the case, they invoke the principle of anticipatory self- defense,
will uphold the Constitution over international law. If it is recognized under customary international law, because
an international tribunal that will decide the case, it will Nova is planning to launch an attack against Ameria by
uphold international law over municipal law. As held by the using the arms it bought from Bresia. (UPLC Suggested
Permanent International Court of Justice in the case of the Answers)
Polish Nationals in Danzig, a State cannot invoke its own
Constitution to evade obligations incumbent upon it under (b) Decide the case.
international law.
A: If jurisdiction over Ameria is established, the case should
be decided in favor of Nova, because Ameria violated the

Political Law
principle against the use of force and the principle of However, the Court of Appeals should grant the petition of
nonintervention. The defense of anticipatory self-defense the Indonesian government insofar as it sought to annul the
cannot be sustained, because there is no showing that Nova garnishment of the funds of Indonesia which were
had mobilized to such an extent that if Ameria were to wait deposited in the Philippine National Bank and Far East
for Nova to strike first it would not be able to retaliate. Bank. Consent to the exercise of jurisdiction of a foreign
However, if jurisdiction over Ameria is not established, the court does not include waiver of the separate immunity
case should be decided in favor of Ameria because of the from execution. (Brownlie, 1990) Thus, the consent to be
principle of sovereign immunity. (ibid.) sued does not give consent to the attachment of the
property of a sovereign government. (Dexter v. Carpenter vs.
Q: In February 1990, the Ministry of the Army Republic Kunglig Jarnvagsstyrelsen 43 Fed. 705, 14 July 1930)
of Indonesia, invited bids for the supply of 500,000
pairs of combat boots for the use of the Indonesian
Army. The Marikina Shoe Corporation, a Philippine C. SOURCES OF OBLIGATIONS IN INTERNATIONAL LAW
corporation, which has no branch office and no assets (2012, 2009, 2008, 2003 BAR)
in Indonesia, submitted a bid to supply 500,000 pairs of
combat boots at U.S. $30 per pair delivered in Jakarta
on or before 30 October 1990.
Q: What are the sources of International Law? (2012
BAR)
The contract was awarded by the Ministry of the Army
to Marikina Shoe Corporation and was signed by the
A: The following are the sources of International Law:
parties in Jakarta. Marikina Shoe Corporation was able
to deliver only 200,000 pairs of combat boots in Jakarta
a. International conventions, whether general or
by 30 October 1990 and it received payment for
particular, establishing rules expressly recognized
100,000 pairs or a total of U.S. $3,000,000.00. The
by the contesting states;
Ministry of the Army promised to pay for the other
b. International custom, as evidence of a general
100,000 pairs already delivered as soon as the
practice accepted as law;
remaining 300,000 pairs of combat boots are delivered,
c. The general principles of law recognized by
at which time the said 300,000 pairs will also be paid
civilized nations. (UPLC Suggested Answers)
for. Marikina Shoe Corporation failed to deliver any
more combat boots.
Q: Under international law, differentiate “hard law”
On 1 June 1991, the Republic of Indonesia filed an from “soft law”. (2009 BAR)
action before the Regional Trial Court of Pasig, Rizal to
compel Marikina Shoe Corporation to perform the A: Soft law is an expression' of non-binding norms,
balance of its obligations under the contract and for principles and practices that influence State behavior. On
damages. In its answer, Marikina Shoe Corporation sets the other hand, hard law involves binding rules of
up a counterclaim for U.S. $ 3,000,000.00 representing international law. (Pharmaceutical and Health Care
the payment for the 100,000 pairs of combat boots Association of the Philippines v. Duque, G.R. No. 173034, 09
already delivered but unpaid. Oct. 2007)
Indonesia moved to dismiss the counterclaim, asserting Q: The legal yardstick in determining whether usage
that it is entitled to sovereign immunity from suit. The has become customary international law is expressed
trial court denied the motion to dismiss and issued two in the maxim opinio juris sive necessitates or opinio
writs of garnishment upon Indonesian Government juris for short. What does the maxim mean? (2008 BAR)
funds deposited in the Philippine National Bank and
Far East Bank. Indonesia went to the Court of Appeals A: Opinio juris sive necessitates means the common belief
on a petition for certiorari under Rule 65 of the Rules of among states and actors that a certain practice is obligatory.
Court. How would the Court of Appeals decide the case? This is the subjective or psychological requirement of
(1991 BAR) customary law that makes state practice a binding rule of
customary international law. (UPLC Suggested Answers)
A: The Court of Appeals should dismiss the petition insofar
as it seeks to annul the order denying the motion of the ALTERNATIVE ANSWER:
Government of Indonesia to dismiss the counterclaim. The
counterclaim in this case is a compulsory counterclaim To establish customary international law, two elements
since it arises from the same contract involved in the must concur: the general state practice and opinio juris sire
complaint. As such it must be set up otherwise it will be necessitatis. State practice refers to the continuous
barred. Above all, as held in Froilan v. Pan Oriental Shipping repetition of the same or similar kind of acts or norms by
Co., (G.R. No. L-6060, 30 Sept. 1954) by filing a complaint, the states. Opinio juris requires that the state practice or norm
State of Indonesia waived its immunity from suit. It is not be carried out in such a way as to be evidence of the belief
right that it can sue in the courts, but it cannot be sued. The that it is obligatory by the existence of a rule of law
defendant therefore acquires the right to set up a requiring it. (Bayan Muna v. Romulo, G.R. No. 159618, 01 Feb.
compulsory counterclaim against it. 2011)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: State your general understanding of the primary

sources and subsidiary sources of international law, D. SUBJECTS
giving an illustration of each. (2003 BAR) (2004, 1998, 1992 BAR)
A: Under Article 38 of the Statute of the International Court

of Justice, the primary sources of international law are the
Q: Distinguish: The constitutive theory and the
following:
declaratory theory concerning recognition of states.
(2004 BAR)
1. International conventions, e.g., Vienna Convention
on the Law of Treaties.
A: According to the CONSTITUTIVE THEORY, recognition is
2. International customs, e.g., cabotage, the
the last indispensable element that converts the state being
prohibition against slavery, and the prohibition
recognized into an international person.
against torture.
3. General principles of law recognized by civilized
According to the DECLARATORY THEORY, recognition is
nations, e.g., prescription, res judicata, and due
merely an acknowledgment of the pre-existing fact that the
process.
state being recognized is an international person. (Cruz,
2003)
The subsidiary sources of international law are judicial
decisions, subject to the provisions of Article 59, e.g., the
Q: Distinguish between de facto recognition and de jure
decision in the Anglo- Norwegian Fisheries Case and
recognition of states. (1998 BAR)
Nicaragua v. United States, and teachings of the most highly
qualified publicists of various nations, e.g., Human Rights in
A: The following are the distinctions between de facto
International Law by Lauterpacht and International Law by
recognition and de jure recognition of a government:
Oppenheim-Lauterpacht. (UPLC Suggested Answers)
a. De facto recognition is provisional, de jure

ALTERNATIVE ANSWER:
recognition is relatively permanent;
b. De facto recognition does not vest title in the
Reflecting general international law, Article 38(1) of the
government to its properties abroad; de Jure
Statute of the International Court of Justice is understood as
recognition does;
providing for international convention, international
c. De facto recognition is limited to certain juridical
custom, and general principles of law as primary sources of
relations; de jure recognition brings about full
international law, while indicating that judicial decisions
diplomatic relations. (Cruz. 1996)
and teachings of the most highly qualified publicists as
“subsidiary means for the determination of the rules of
ALTERNATIVE ANSWER:
law.”
The distinction between de facto recognition and de jure

The primary sources may be considered as formal sources
recognition of a State is not clear in international law. It is,
in that they are the methods by which norms of
however, usually assumed as a point of distinction that
international law are created and recognized. A
while de facto recognition is provisional and hence may be
conventional or treaty norm comes into being by
withdrawn, de jure recognition is final and cannot be
established treaty-making procedures and a customary
withdrawn.
norm is the product of the formation of general practice
accepted as law.
Q: The Japanese Government confirmed that during the
Second World War, Filipinas were among those
By way of illustrating International Convention as a source
conscripted as "comfort women" (or prostitutes) for
of law, we may refer to the principle embodied in Article 6
Japanese troops in various parts of Asia. The Japanese
of the Vienna Convention on the Law of Treaties which
Government has accordingly launched a goodwill
reads: “Every State possesses capacity to conclude treaties”.
campaign and has offered the Philippine Government
It tells us what the law is and the process or method by
substantial assistance for a program that will promote
which it came into being. International Custom may be
— through government and nongovernmental
concretely illustrated by pacta sunt servanda, a customary
organizations — women's rights, child welfare,
or general norm which came about through extensive and
nutrition and family health care.
consistent practice by a great number of states recognizing
it as obligatory. The subsidiary means serves as evidence of
An executive agreement is about to be signed for that
law. (ibid.)
purpose. The agreement includes a clause whereby the
Philippine Government acknowledges that any liability
to the "comfort women" or their descendants are
deemed covered by the reparations agreements signed
and implemented immediately after the Second World
War. Juliano Iglesias, a descendant of a now deceased

Political Law
comfort woman, seeks your advice on the validity of the a. Only states may be parties in cases before it. (Art.
agreement. Advise him. (1992 BAR) 34, Statute of the International Court of Justice)
b. The consent of the parties is needed for the court
A: The agreement is valid. The comfort women and their to acquire jurisdiction over a case. (Art. 36, Statute
descendants cannot assert individual claims against Japan. of the International Court of Justice)
As stated in Davis & Moore vs. Regan (453 U.S. 654,02 July
1981), the sovereign authority of a State to settle claims of 1. BASIS OF JURISDICTION
its nationals against foreign countries has repeatedly been
recognized. This may be made without the consent of the
a. TERRITORIALITY PRINCIPLE
nationals or even without consultation with them. Since the
(2009, 2005 BAR)
continued amity between a State and other countries may
require a satisfactory compromise of mutual claims, the
Q: William, a private American citizen, a university
necessary power to make such compromises has been
graduate and frequent visitor to the Philippines, was
recognized. The settlement of such claims may be made by
inside the U.S. embassy when he got into a heated
executive agreement. (UPLC Suggested Answers)
argument with a private Filipino citizen. Then, in front
of many shocked witnesses, he killed the person he was
1. STATES
arguing with. The police came, and brought him to the
nearest police station. Upon reaching the station, the
2. INTERNATIONAL ORGANIZATIONS
police investigator, in halting English, informed
William of his Miranda rights, and assigned him an
3. INDIVIDUALS
services of the lawyer, and insisted that he be assisted
by a Filipino lawyer currently based in the U.S. The
E. REQUISITES OF STATEHOOD request was denied, and the counsel assigned by the
police stayed for the duration of the investigation.
William protested his arrest. He argued that since the

F. JURISDICTION OF STATES incident took place inside the U.S. embassy, Philippine
(2010, 1999 BAR) courts have no jurisdiction because the U.S. embassy
grounds are not part of Philippine territory; thus,
technically, no crime under Philippine law was
committed. Is William correct? Explain your answer.
CONFLICTS OF JURISDICTION
(2009 BAR)
Q: Compare and contrast the jurisdiction of the

A: William is not correct. The premises occupied by the
International Criminal Court and International Court of
United States Embassy do not constitute territory of the
Justice. (2010 BAR)
United Stated but of the Philippines. Crimes committed
within them are subject to the territorial jurisdiction of the
A:
Philippines. Since William has no diplomatic immunity, the
Philippines can prosecute him if it acquires custody over
a. The jurisdiction of the International Court of
him. (Reagan v. Commissioner of Internal Revenue, G.R. No. L-
Justice (ICJ) pertains to international responsibility
26379, 27 Dec. 1969)
in the concept of civil liability, while that of the
International Criminal Court (ICC) pertains to
Q: If William applies for bail, claiming that he is entitled
criminal liability.
thereto under the "international standard of justice"
b. While states are the subject of law in international
and that he comes from a U.S. State that has outlawed
responsibility under the jurisdiction of the
capital punishment, should William be granted bail as a
International Court of Justice, the criminal liability
matter of right? Reasons. (2009 BAR)
within the jurisdiction of the International Criminal
Court pertains to individual natural person. (Art. 34
A: William is not entitled to bail as a matter of right. He is
(i), Statute of the International Court of Justice; Arts.
subject to Philippine criminal jurisdiction, therefore, his
25 and 27, Statute of the International Criminal
right to bail must be determined on the basis of Sec. 13, Art.
Court)
III of the 1987 Constitution. Under our law, bail is not a
matter of right if the felony committed has an imposable
Q: Under its Statute, give two limitations on the
penalty of reclusion perpetua or higher and the evidence of
jurisdiction of the International Court of Justice? (1999
guilt is strong. (UPLC Suggested Answers)
BAR)
Q: Police Officer Henry Magiting of the Narcotics Section

A: The following are the limitations on the jurisdiction of
of the Western Police District applied for a search
the International Court of Justice under its Statute:
warrant in the Regional Trial Court of Manila for
violation of Section 11, Article II (Possession of

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Prohibited Drugs) of Republic Act (R.A.) No. 9165 iii. He cannot avail himself of the protection
(Comprehensive Dangerous Drugs Act of 2002) for the and benefits of citizenship like securing for
search and seizure of heroin in the cabin of the Captain himself a passport or visa and personal
of the MSS Seastar, a foreign-registered vessel which documents. (ibid.)
was moored at the South Harbor, Manila, its port of
destination. (c) Is a stateless person entirely without right,
protection or recourse under the Law of
Based on the affidavits of the applicant's witnesses who Nations? Explain.
were crew members of the vessel, they saw a box
containing ten (10) kilograms of heroin under the bed A: NO. Under the Convention in Relation to the Status of
in the Captain's cabin. The RTC found probable cause Stateless Person, the contracting states agreed to accord to
for the issuance of a search warrant; nevertheless, it stateless persons within their territories treatment at least
denied the application on the ground that Philippine as favorable as that accorded to their nationals with respect
courts have no criminal jurisdiction over violations of to freedom of religion, access to the courts, rationing of
R.A. No. 9165 committed on foreign-registered vessels products in short supply, elementary education, public
found in Philippine waters. Is the ruling of the court relief and assistance, labor legislation and social security.
correct? Support your answer with reasons. (2005 They also agreed to accord to them treatment not less
BAR) favorable than that accorded to aliens generally in the same
circumstances. The Convention also provides for the
A: The RTC may assert its jurisdiction over the case by issuance of identity papers and travel documents to
invoking the territorial principle, which provides that stateless person. (ibid.)
crimes committed within a state's territorial boundaries
and persons within that territory, either permanently or (d) What measures, if any, has International Law
temporarily, are subject to the application of local law. taken to prevent statelessness?
Jurisdiction may also be asserted on the basis of the
universality principle, which confers upon all states the A: In the Convention on the Conflict of Nationality Laws of
right to exercise jurisdiction over delicta juris gentium or 1930, the contracting states agreed to accord nationality to
international crimes, such as the international traffic persons born in their territory who would otherwise be
narcotics. The possession of 10 kilos of heroin constitutes stateless. The Convention on the Reduction of Statelessness
commercial quantity and therefore qualifies as trafficking of of 1961 provides that if the law of the contracting States
narcotics. results in the loss of nationality as a consequence of
marriage or termination of marriage, such loss must be
Consequently, the denial of the search warrant should have conditional upon possession or acquisition of another
been anchored on the failure of the court to conduct nationality. (ibid.)
personal examination of the witnesses to the crime in order
to establish probable cause, as required by Sections 3 and 4 ALTERNATIVE ANSWER: Under the Convention on the
of Rule 126. In any event, there is no showing that the Reduction of Statelessness of 1961, a contracting state shall
requisite quantum of probable cause was established by grant its nationality to a person born in its territory who
mere reference to the affidavits and other documentary would otherwise be stateless, and a contracting state may
evidence presented. (UPLC Suggested Answers) not deprive a person or a group of persons of their
nationality for racial, ethnic, religious or political grounds.
b. NATIONALITY PRINCIPLE AND STATELESSNESS (ibid.)
Q: c. PROTECTIVE PRINCIPLE
(a) Who are stateless persons under International
Law? (1995 BAR) d. UNIVERSALITY PRINCIPLE
A: STATELESS PERSONS are those who are not considered e. PASSIVE PERSONALITY PRINCIPLE
as nationals by any State under the operation of its laws.
(UPLC Suggested Answers) 2. EXEMPTIONS FROM JURISDICTION
(b) What are the consequences of statelessness?

a. STATE IMMUNITY FROM SUIT
A: The consequences of statelessness are the following:

b. ACT OF STATE DOCTRINE
i. No State can intervene or complain in
behalf of a stateless person for an
Q: Define Act of State Doctrine. (2019 BAR)
international delinquency committed by
another State in inflicting injury upon him.
A: The Act of State Doctrine is the recognition by a country
ii. He cannot be expelled by the State if he is
of the legal and physical consequences of all acts of state in
lawfully in its territory except on grounds
other countries. The doctrine recognizes the attributes and
of national security or public order.
prerogatives of sovereignty. It recognizes that the world is

Political Law
composed of independent sovereigns, the sovereign power (b) A consul of a South American country stationed
of each of which is exclusive within its own national in Manila was charged with serious physical
territory. (Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, injuries. May he claim immunity from
23 Mar. 1964) jurisdiction of the local court? Explain.
c. DIPLOMATIC IMMUNITY A: NO. he may not claim immunity from the jurisdiction of
(2018, 2017, 2014, 2005, 2004, the local court. Under Article 41 of the Vienna Convention
2003, 2001, 2000, 1995 BAR) of Consular Relations, consuls do not enjoy immunity from
the criminal jurisdiction of the receiving State. He is not
Q: What is the right of legation, and how is it liable to arrest or detention pending trial unless the offense
undertaken between states? Explain your answer. was committed against his father, mother, child, ascendant,
(2017 BAR) descendant or spouse. Consuls are not liable to arrest and
detention pending trial except in the case of a grave crime
A: The right of legation is the right accorded to a State to be and pursuant to a decision by the competent judicial
represented by an ambassador or diplomatic agent in authority. The crime of physical injuries is not a grave crime
another State. (Coquia and Defesnor-Santiago, 2005) unless it be committed against any of the above-mentioned
persons. (Schneckenburger v. Moran, L-44896, 31 July 1936)
Q:
(c) Suppose after he was charged, he was
(a) Discuss the differences, if any, in the privileges appointed as his country’s ambassador to the
or immunities of diplomatic envoys and Philippines. Can his newly-gained diplomatic
consular officers from the civil or criminal status be a ground for dismissal of his criminal
jurisdiction of the receiving state. (1995 BAR) case? Explain.
A: Under Article 32 of the Vienna Convention on Diplomatic A: YES, the case should be dismissed. Under Article 40 of the
Relations, a diplomatic agent shall enjoy immunity from the Vienna Convention on Diplomatic Relations, if a diplomatic
criminal jurisdiction of the receiving State. He shall also agent is in the territory of a third State, which has granted
enjoy immunity from its civil and administrative him a passport visa if such visa was necessary, while
Jurisdiction except in the case of: proceeding to take up his post, the third State shall accord
a. A real action relating to private immovable him inviolability and such other immunities as may be
property situated in the territory of the required to ensure his transit. (UPLC Suggested Answers)
receiving State, unless he holds it on behalf of
the sending State for the purposes of the Q: Andreas and Aristotle are foreign nationals working
mission; with the Asian Development Bank (ADS) in its
b. An action relating to succession in which the headquarters in Manila. Both were charged with
diplomatic agent is invoked as executor, criminal acts before the local trial courts.
administrator, heir or legatee as a private
person and not on behalf of the sending State; Andreas was caught importing illegal drugs into the
c. An action relating to any professional or country as part of his "personal effects" and was thus
commercial activity exercised by the charged with violation of Comprehensive Dangerous
diplomatic agent in the receiving State outside Drugs Act of 2002. Before the criminal proceedings
his official functions. (UPLC Suggested could commence, the President had him deported as an
Answers) undesirable alien. Aristotle was charged with grave
oral defamation for uttering defamatory words against
On the other hand, under Article 41 of the Vienna a colleague at work. In his defense, Aristotle claimed
Convention on Consular Relations, a consular officer does diplomatic immunity. He presented as proof a
not enjoy immunity from the Criminal jurisdiction of the communication from the Department of Foreign Affairs
receiving State. Under Article 43 of the Vienna Convention stating that, pursuant to the Agreement between the
on Consular Relations, consular officers are not amenable to Philippine Government and the ADS, the bank's officers
the jurisdiction of the judicial or administrative authorities and staff are immune from legal processes with respect
of the receiving State in respect of acts performed in the to acts performed by them in their official capacity.
exercise of consular functions. However, this does not apply
in respect of a civil action either: Is Aristotle's claim of diplomatic immunity proper?
(2018 BAR)
a. arising out of a contract concluded by a
consular officer in which he did not contract A: The claim of diplomatic immunity is improper. Courts
expressly or impliedly as an agent of the cannot blindly adhere to and take on its face the
sending State; or communication from the DFA that Aristotle is covered by an
b. by a third party for damage arising from an immunity. The DFA’s determination that a certain person is
accident in the receiving State caused by a covered by immunity is only preliminary and has no
vehicle, vessel, or aircraft. (ibid.) binding effect on courts. Besides, slandering a person

2022 GOLDEN NOTES
QuAMTO (1987-2021)
cannot possibly be covered by the immunity agreement witness. However, for failure to prove his guilt beyond
because our laws do not allow the commission of a crime, reasonable doubt, Baker was acquitted.
such as defamation, under the guise of official duty. Under
the Vienna Convention on Diplomatic Relations, a Baker then sued Adams for damages for filing trumped-
diplomatic agent enjoys immunity from criminal up charges against him. Among the defenses raised by
jurisdiction of the receiving state except in the case of an Adams is that he has diplomatic immunity, conformably
action relating to any professional or commercial activity with the Vienna Convention on Diplomatic Relations.
exercised by the diplomatic agent outside his official He presented Diplomatic Notes from the American
functions in the receiving state. The commission of a crime Embassy stating that he is an agent of the United States
is not part of official duty. (Liang vs. People, G.R. No. 125865, Drug Enforcement Agency tasked with "conducting
28 Jan. 2000) surveillance operations" on suspected drug dealers in
the Philippines believed to be the source of prohibited
Q: Ambassador Robert of State Alpha committed a very drugs being shipped to the U.S. It was also stated that
serious crime while he headed his foreign mission in after having ascertained the target, Adams would then
the Philippines. Is he subject to arrest by Philippine inform the Philippine narcotic agents to make the
authorities? Explain your answer (2017 BAR) actual arrest. (2005 BAR)
A: NO, he is not subject to arrest by Philippines authorities. (a) As counsel of plaintiff Baker, argue why his
Under the Vienna Convention on Diplomatic Relations complaint should not be dismissed on the
(VCDR), a diplomatic agent shall enjoy immunity from the ground of defendant Adams' diplomatic
criminal jurisdiction of the receiving State. As a immunity from suit.
consequence, Art. 29 of the Vienna Convention on Diplomatic
Relations provides: The person of a diplomatic agent shall A: As counsel for Baker, I would argue that Adams is not a
be inviolable. He shall not be liable to any form of arrest or diplomatic agent considering that he is not a head of
detention. mission nor is he part of the diplomatic staff that is accorded
diplomatic rank. Thus, the suit should not be dismissed as
Q: Ambassador Gaylor is State Juvenus diplomatic Adams has no diplomatic immunity under the 1961 Vienna
representative to State Hinterlands. During one of his Convention on Diplomatic Relations. (UPLC Suggested
vacations, Ambassador Gaylor decided to experience Answers)
for himself the sights and sounds of State Paradise, a
country known for its beauty and other attractions. (b) As counsel of defendant Adams, argue for the
While in State Paradise, Ambassador Gaylor was caught dismissal of the complaint.
in the company of children under suspicious
circumstances. He was arrested for violation of the A: As counsel for Adams, I would argue that he worked for
strict anti-pedophilia statute of State Paradise. He the United States Drug Enforcement Agency and was tasked
claims that he is immune from arrest and incarceration to conduct surveillance of suspected drug activities within
by virtue of his diplomatic immunity. Does the claim of the country with the approval of the Philippine government.
Ambassador Gaylor hold water? (2014 BAR) Under the doctrine of State Immunity from Suit, if the acts
giving rise to a suit are those of a foreign government done
A: Ambassador Gaylor cannot invoke his diplomatic by its foreign agent, although not necessarily a diplomatic
immunity. In accordance with Art. 31 (1) of Vienna personage, but acting in his official capacity, the complaint
Convention of Diplomatic Relations, since State Paradise is could be barred by the immunity of the foreign sovereign
not his receiving state, he does not enjoy diplomatic from suit without its consent. Adams may not be a
immunity within its territory. Under Art. 40 (1) of the Vienna diplomatic agent but the Philippine government has given
Convention of Diplomatic Relations, he cannot be accorded its imprimatur, if not consent, to the activities within
diplomatic immunity in State Paradise, because he is not Philippine territory of Adams and thus he is entitled to the
passing through it to take up or return to his post or to defense of state immunity from suit. (Minucher v. CA, G.R.
return to State Juvenus. (UPLC Suggested Answers) No. 142396, 11 Feb. 2003)
Q: Adams and Baker are American citizens residing in Q: Italy, through its Ambassador, entered into a
the Philippines. Adams befriended Baker and became a contract with Abad for the maintenance and repair of
frequent visitor at his house. One day, Adams arrived specified equipment at its Embassy and Ambassador's
with 30 members of the Philippine National Police, Residence, such as air conditioning units, generator
armed with a search warrant authorizing the search of sets, electrical facilities, water heaters, and water
Baker's house and its premises for dangerous drugs motor pumps. It was stipulated that the agreement
being trafficked to the United States of America. shall be effective for a period of four years and
automatically renewed unless cancelled. Further, it
The search purportedly yielded positive results, and provided that any suit arising from the contract shall be
Baker was charged with Violation of the Dangerous filed with the proper courts in the City of Manila.
Drugs Act. Adams was the prosecution's principal

Political Law
Claiming that the Maintenance Contract was million pesos. MBC added that the trial court acquitted
unilaterally, baselessly and arbitrarily terminated, him of the drug charges.
Abad sued the State of Italy and its Ambassador before
a court in the City of Manila. Among the defenses, they Assailing the court's jurisdiction: YZ now moves to
raised were "sovereign immunity" and "diplomatic dismiss the complaint, on the ground that:
immunity." (2005 BAR)
1. he is an embassy officer entitled to diplomatic
(a) As counsel of Abad, refute the defenses of immunity; and,
"sovereign immunity" and "diplomatic 2. the suit is really a suit against his home state
immunity" raised by the State of Italy and its without its consent. He presents diplomatic
Ambassador. notes from XX Embassy certifying that he is an
accredited embassy officer recognized by the
A: As counsel for Abad, I will argue that sovereign immunity Philippine government. He performs official
will not lie as it is an established rule that when a State duties, he says, on a mission to conduct
enters into a contract, it waives its immunity and allows surveillance on drug exporters and then inform
itself to be sued. Moreover, there is a provision in the local police officers who make the actual arrest
contract that any suit arising therefrom shall be filed with of suspects.
the proper courts of the City of Manila. (UPLC Suggested
Answers) Are the two grounds cited by YZ to dismiss the suit
tenable? (2004 BAR)
On the issue of diplomatic immunity, I will assert that the
act of the Ambassador unilaterally terminating the A: The claim of diplomatic immunity of YZ is not tenable,
agreement is tortuous and done with malice and bad faith because he does not possess an acknowledged diplomatic
and not a sovereign or diplomatic function. (ibid.) title and is not performing duties of a diplomatic nature.
However, the suit against him is a suit against XX without its
(b) At any rate, what should be the court's ruling on consent. YZ was acting as an agent of XX and was
the said defenses? performing his official functions when he conducted
surveillance on drug exporters and informed the local
A: The court should rule against said defenses. The police officers who arrested MBC. He was performing such
maintenance contract and repair of the Embassy and duties with the consent of the Philippine government,
Ambassador's Residence is a contract in jus imperii, because therefore, the suit against YZ is a suit against XX without its
such repair of said buildings is indispensable to the consent. (Minucher v. Court of Appeals, G.R. No. 142396, 11
performance of the official functions of the Government of Feb. 2003)
Italy. Hence, the contract is in pursuit of a sovereign activity
in which case, it cannot be deemed to have waived its Q: A group of high-ranking officials and rank-and-file
immunity from suit. (UPLC Suggested Answers) employees stationed in a foreign embassy in Manila
were arrested outside embassy grounds and detained
On the matter of whether or not the Ambassador may be at Camp Crame on suspicion that they were actively
sued, Article 31 of the Vienna Convention on Diplomatic collaborating with “terrorists" out to overthrow or
Relations provides that a diplomatic agent enjoys immunity destabilize the Philippine Government. The Foreign
from the criminal, civil and administrative jurisdiction of Ambassador sought their immediate release, claiming
the receiving state except if the act performed is outside his that the detained embassy officials and employees
official functions, in accordance with the principle of enjoyed diplomatic immunity. If invited to express your
functional necessity. In this case, the act of entering into the legal opinion on the matter, what advice would you
contract by the Ambassador was part of his official give? (2003 BAR)
functions and thus, he is entitled to diplomatic immunity.
(Republic of Indonesia v. Vinzon, G.R. No. 154705 26 June A: I shall advice that the high-ranking officials and rank-
2003) and- file employees be released because of their diplomatic
immunity. The person of a diplomatic agent shall be
Q: MBC, an alien businessman dealing in carpets and inviolable. He shall not be liable to any form of arrest or
caviar, filed a suit against policemen and YZ, an attache detention. (Art. 29 of the Vienna Convention on Diplomatic
of XX Embassy, for damages because of malicious Relations)
prosecution. MBC alleged that YZ concocted false and
malicious charges that he was engaged in drug Under Art. 37 of the Vienna Convention on Diplomatic
trafficking, whereupon narcotics policemen conducted Relations, members of the administrative and technical staff
a "buy-bust" operation and without warrant arrested of the diplomatic mission shall, if they are not nationals of
him, searched his house, and seized his money and or permanent residents in the receiving State, enjoy the
jewelry, then detained and tortured him in violation of privileges and immunities specified in Art. 29.
his civil and human rights as well as causing him, his
family and business serious damages amounting to two Under Art. 9 of the Vienna Convention on Diplomatic
Relations, the remedy is to declare the high-ranking officials

2022 GOLDEN NOTES
QuAMTO (1987-2021)
and rank-and-file employees personae non gratae and ask A: NO, the lessor cannot ask the court to stop the departure
them to leave. (UPLC Suggested Answers) of the ambassador from the Philippines. Under Art. 29 of the
Vienna Convention, a diplomatic agent shall not be liable to
Q: Dr. Velen, an official of the World Health any form of arrest or detention. (ibid.)
Organization (WHO) assigned in the Philippines,
arrived at the Ninoy Aquino International Airport with d. INTERNATIONAL ORGANIZATIONS AND ITS
his personal effects contained in twelve crates as OFFICERS
unaccompanied baggage. As such, his personal effects
were allowed free entry from duties and taxes and were
directly stored at Arshaine Corporation's warehouse at F. GENERAL PRINCIPLES OF TREATY LAW
Makati, pending Dr. Velen's relocation to his (2017, 2012, 2008, 2003 BAR)
permanent quarters.
At the instance of police authorities, the Regional Trial

Q: State A and State B, two sovereign states, enter into a
Court (RTC) of Makati issued a warrant for the search
10-year mutual defense treaty. After five years, State A
and seizure of Dr. Velen's personal effects in view of an
finds that the more progressive State B did not go to the
alleged violation of the Tariff and Custom's Code.
aid of State A when it was threatened by its strong
According to the police, the crates contained
neighbor State C. State B reasoned that it had to be
contraband items. Upon protest of WHO officials, the
prudent and deliberate in reacting to State C because of
Secretary of Foreign Affairs formally advised the RTC as
their existing trade treaties. (2017 BAR)
to Dr. Velen's immunity. The Solicitor General likewise
joined Dr. Velen's plea of immunity and motion to
(a) May State A now unilaterally withdraw from its
quash the search warrant. The RTC denied the motion.
mutual defense treaty with State B? Explain
Is the denial of the motion to quash proper? (2001 BAR)
your answer.
A: The denial of the motion is improper. As held in World

A: State A may unilaterally withdraw from the mutual
Health Organization v. Aquino, 48 SCRA 242, as an official of
defense treaty, State B committed a material breach of the
the World Health Organization, Dr. Velen enjoyed
treaty by failing to come to the aid of State A. (Art. 60, Vienna
diplomatic immunity and this included exemption from
Convention on the Law of Treaties; Kolb, 2016; Aust,2013)
duties and taxes. Since diplomatic immunity involves a
political question, where a plea of diplomatic immunity is
(b) Are the principles of pacta sunt servanda and
recognized and affirmed by the Executive Department, it is
rebus sic stantibus relevant in the treaty
the duty of the court to accept the claim of immunity. (UPLC
relations between State A and State B? What
Suggested Answers)
about in the treaty relations between State B
and State C? Explain your answer.
Q: A foreign ambassador to the Philippines leased a
vacation house in Tagaytay for his personal use. For
A: YES. Pacta sunt servanda was what bound State A and
some reason, he failed to pay rentals for more than one
State B to comply with their obligations under their mutual
year. The lessor filed an action for the recovery of his
defense treaty, despite the existing trade agreements
property in court. (2000 BAR)
between State B and State C. Art. 62 of the Vienna Convention
on the Law of Treaties, which enunciates the doctrine of
(a) Can the foreign ambassador invoke his
rebus sic stantibus, on the other hand, can be invoked by
diplomatic immunity to resist the lessor’s
State B as the reason why it did not comply with its mutual
action?
defense treaty. Treaty is concluded with the implied
condition that it is intended to be binding only as long as
A: NO, the foreign ambassador cannot invoke his diplomatic
there is no vital change in the circumstances. To State B,
immunity to resist the action, since he is not using the house
compliance with the treaty would jeopardize its vital trade
in Tagaytay City for the purposes of his mission but merely
development, Because of this unforeseen change of
for vacation. Under Art. 3(1)(a) of the Vienna Convention on
circumstances combined with State B’s non-compliance
Diplomatic Relations, a diplomatic agent has no immunity in
with its obligations under the treaty in good faith, State A
case of a real action relating to private immovable property
may now opt to unilaterally withdraw from the treaty.
situated in the territory of the receiving State unless he
holds it on behalf of the sending State for purposes of the
mission. (UPLC Suggested Answers)
Q: The President signs an agreement with his
counterpart in another country involving reciprocity in
(b) The lessor gets hold of evidence that the
the treatment of each country's nationals residing in
ambassador is about to return to his home
the other's territory. However, he does not submit the
country. Can the lessor ask the court to stop the
agreement to the Senate for concurrence. Sec. 21, Art.
ambassador’s departure from the Philippines?
VII of the Constitution provides that no treaty or
international agreement shall be valid and effective
without such concurrence.

Political Law
Is the agreement signed by the President effective ALTERNATIVE ANSWER:

despite the lack of Senate concurrence? Explain your
answer. (2017 BAR) The Supreme Court should sustain the validity of the
abrogation of the treaty. There is no constitutional
A: YES, the agreement is effective. Being in the nature of an provision governing the termination of a treaty. What the
executive agreement, it does not require Senate Constitution provides is only the concurrence of the Senate
concurrence for its efficacy. (Bayan Muna v. Romulo G.R. No. in order that a treaty be valid and binding and under recent
159618, 01 Feb. 2011) jurisprudence, the ratification of the treaty is left to the
sound discretion of the President. Therefore, the President
Q: President Black of the Republic of Pasensya (RP) had as the representative of the State in treaty negotiation can
a telephone conversation with President Blue of the abrogate a treaty by himself. (ibid.)
People’s Republic of Conquerors (PRC). In that
conversation, both leaders agreed that they will both Q: An Executive Agreement was executed between the
pull- out all their vessels, civilian or otherwise, sea Philippines and a neighboring State. The Senate of the
crafts and other ships from the hotly disputed Kalmado Philippines took it upon itself to procure a certified
Shoal area within eight (8) days in order to de-escalate true copy of the Executive Agreement and, after
the situation. After eight days, all RP ships and vessels deliberating on it, declared, by a unanimous vote, that
have left the area. However, several military and the agreement was both unwise and against the best
civilian ships carrying the PRC flag remained in the area interest of the country. Is the Executive Agreement
and began construction of a dock that could provide binding (a) from the standpoint of Philippine law and
fuel and other supplies to vessels passing by. (2012 (b) from the standpoint of international law? Explain.
BAR) (2003 BAR)
(a) Assuming that President Black and President A:

Blue both had full capacity to represent their
states and negotiate with each other under a. From the standpoint of Philippine law, the
their respective systems of government, and Executive Agreement is binding. The President can
further assuming that both leaders enter into an Executive Agreement without the
acknowledge the existence of the conversation, necessity of concurrence by the Senate.
is the verbal agreement via telephone binding (Commissioner of Customs v. Eastern Sea Trading,
under international law? Explain. G.R. No. L-14279, 31 Oct. 1961)
A: The verbal agreement by telephone is binding between b. The Executive Agreement is also binding from the
the parties on the basis of customary international law. standpoint of international law. International law
(Aust, 2013) executive agreements are equally binding as
treaties upon the States who are parties to them.
(b) Assuming the answer to (a.) is in affirmative, (Bayan v. Zamora, G.R. No. 138570, 10 0ct. 2000)
does that agreement constitute a Treaty under Additionally, under Art. 2(1)(a) of the Vienna
the 1969 Vienna Convention on the Law on Convention on the Law of Treaties, whatever may be
Treaties? the designation of a written agreement between
States, whether it is indicated as a Treaty,
A: The verbal agreement does not constitute a treaty under Convention or Executive Agreement, is not legally
Vienna Convention on the Law of Treaties. Article 3 significant. Still, it is considered a treaty and
requires that for an international agreement to be a treaty, governed by the international law of treaties.
it must be in written form. (UPLC Suggested Answers)
Q: The President alone without the concurrence of the G. DOCTRINE OF STATE RESPONSIBILITY
Senate abrogated a treaty. Assume that the other (2009, 1995 BAR)
country- party to the treaty is agreeable to the
abrogation provided it complies with the Philippine
Constitution. If a case involving the validity of the treaty
Q: A, a British photojournalist, was covering the violent
abrogation is brought to the Supreme Court, how
protests of the Thai Red-Shirts Movement in Bangkok.
should it be resolved? (2008 BAR)
Despite warnings given by the Thai Prime Minister to
foreigners, especially journalists, A moved around the
A: The President should be overruled. The President cannot
Thai capital. In the course of his coverage, he was killed
abrogate a treaty alone even if the other State, party to a
with a stray bullet which was later identified as having
treaty, agrees to the abrogation. If the legislative branch
come from the ranks of the Red-Shirts. The wife of A
ratifies a treaty by 2/3 vote it must also do so when the
sought relief from Thai authorities but was refused
President abrogates it. The President cannot motu proprio
assistance. (2009 BAR)
abrogate the treaty. (UPLC Suggested Answers)

2022 GOLDEN NOTES
QuAMTO (1987-2021)
(a) Is there state responsibility on the part of rebels are imputable to them when they assumed as duly
Thailand? constituted authorities of the state. (ibid.)
A: NO. There is no state responsibility on the part of

Thailand. The wrongful act in question is an act of private H. REFUGEES
individuals and not of an organ of the government or a state
official. Hence, it is not attributable to Thailand as its
wrongful act for the purpose of state responsibility.
(b) What is the appropriate remedy available to I. EXTRADITION

the victim’s family under international law? (2018, 2017, 2007, 2005, 2002, 1996, 1993 BAR)
A: The appropriate remedy available to the family of A is to

seek diplomatic protection from Great Britain to press a Q: Extradition is the process pursuant to a treaty
claim for reparation. (Brownlie, 2003) However, in order between two State parties for the surrender by the
that the claim will be allowable under customary requested State to the custody of the requesting State of
international law, the family of A must first exhaust the legal a fugitive criminal residing in the former. However,
remedies available in Thailand. (Brownlie, 2003) extradition depends on the application of two
principles –the principle of specialty and the dual
Q: In a raid conducted by rebels in a Cambodian town, criminality principle. Explain these principles. (2017
an American businessman who has been a long-time BAR)
resident of the place was caught by the rebels and
robbed of his cash and other valuable personal A: The principle of specialty means that the State requesting
belongings. Within minutes, two truckloads of extradition from another State is required to specify the
government troops arrived prompting the rebels to crime as provided in the extradition treaty for which the
withdraw. Before fleeing they shot the American fugitive or the accused is to be extradited and to be tried
causing him physical injuries. Government troopers only for the offense specified in the extradition treaty.
immediately launched pursuit operations and killed (Magallona, 2005)
several rebels. No cash or other valuable property
taken from the American businessman was recovered. On the other hand, the dual criminality principle is a rule
which states that the crime for which extradition is
In an action for indemnity filed by the US Government requested must be a crime in both the requesting state and
in behalf of the businessman for injuries and losses in state to which the fugitive has fled. (ibid.)
cash and property, the Cambodian government
contended that under International Law it was not Q: What is the difference if any between extradition and
responsible for the acts of the rebels. (1995 BAR) deportation? (1993 BAR)
(a) Is the contention of the Cambodian government A: The following are the differences between extradition
correct? Explain. and deportation:
A: YES, the contention of the Cambodian Government is a. Extradition is effected for the benefit of the state to
correct. Unless it clearly appears that the government has which the person being extradited will be
failed to use promptly and with appropriate force its surrendered because he is a fugitive criminal in
constituted authority it cannot be held responsible for the that state, while Deportation is effected for the
acts of rebels, for the rebels are not its agents and their acts protection of the State expelling an alien because
were done without its volition. In this case, government his presence is not conducive to the public good;
troopers immediately pursued the rebels and killed several
of them. (UPLC Suggested Answers) b. Extradition is effected on the basis of an extradition
treaty or upon the request of another state, while
(b) Suppose the rebellion is successful and a new Deportation is the unilateral act of the state
government gains control of the entire State, expelling an alien; and
replacing the lawful government that was
toppled, may the new government be held c. In Extradition, the alien will be surrendered to the
responsible for the injuries or losses suffered state asking for his extradition, while in
by the American businessman? Explain. Deportation the undesirable alien may be sent to
any state willing to accept him. (UPLC Suggested
A: The new government may be held responsible if it Answers)
succeeds in overthrowing the government. Victorious rebel
movements are responsible for the illegal acts of their
forces during the course of the rebellion. The acts of the

Political Law
Q: Andreas and Aristotle are foreign nationals working 2003; Coquia and Santiago, 2005). Double criminality is
with the Asian Development Bank (ADS) in its intended to ensure each state that it can rely on reciprocal
headquarters in Manila. Both were charged with treatment and that no state will use its processes to
criminal acts before the local trial courts. surrender a person for conduct which it does not
characterize as criminal. (Bassiouni, 2014)
Andreas was caught importing illegal drugs into the
country as part of his "personal effects" and was thus ALTERNATIVE ANSWER:
charged with violation of Comprehensive Dangerous
Drugs Act of 2002. Before the criminal proceedings Even if there was no anti-hacker law in the Philippines
could commence, the President had him deported as an when the United States requested the extradition of
undesirable alien. Aristotle was charged with grave Lawrence, if the act penalized under the anti-hacker law of
oral defamation for uttering defamatory words against the United States is similar to malicious mischief under
a colleague at work. In his defense, Aristotle claimed Article 327 of the Revised Penal Code, the Philippines will
diplomatic immunity. He presented as proof a be under obligation to extradite Lawrence. (Coquia and
communication from the Department of Foreign Affairs Defensor, 2005)
stating that, pursuant to the Agreement between the
Philippine Government and the ADS, the bank's officers Q: Assume that the extradition request was made after
and staff are immune from legal processes with respect the Philippines adopted its anti- hacker legislation. Will
to acts performed by them in their official capacity. that change your answer? (2007 BAR)
Can the President's act of deporting an undesirable A: The Philippines will be under obligation to extradite
alien be subject to judicial review? (2018 BAR) Lawrence. Both the Philippines and the United States have
an anti-hacker law. The requirement of double criminality
A: The power to deport aliens is an act of State, an act done is satisfied even if the act was not criminal in the requested
by or under the authority of the sovereign power. It is a state at the time of its occurrence if it was criminal at the
police measure against undesirable aliens whose continued time that the request was made. (Bassiouni, 2014)
presence in the country is found to be injurious to the public
good and the domestic tranquility of the people. (Rosas v. ALTERNATIVE ANSWER:
Montor, G.R. No. 204105, 14 Oct. 2015)
The Philippines is under no obligation to extradite
An act of State is one done by the sovereign power of a Lawrence. There was no anti-hacker law in the Philippines
country, or by its delegate, within the limits of the power when Lawrence was charged in the United States; hence, an
vested in him. An act of State cannot be questioned or made extradition of Lawrence is tantamount to ex post facto
the subject of legal proceedings in a court of law. (Black’s application of the Philippine anti-hacker law, prohibited by
Law Dictionary, 1951) With particular reference to Political Sec. 22, Art. III of the 1987 Constitution.
Law, an act of State is an act done by the political
departments of the government and not subject to judicial Q: The Philippines and Australia entered into a Treaty
review. of Extradition concurred in by the Senate of the
Philippines on September 10, 1990. Both governments
Q: Lawrence is a Filipino computer expert based in have notified each other that the requirements for the
Manila who invented a virus that destroys all the files entry into force of the Treaty have been complied with.
stored in a computer. Assume that in May 2005, this It took effect in 1990.
virus spread all over the world and caused $50 million
in damage to property in the United States, and that in The Australian government is requesting the
June 2005, he was criminally charged before the United Philippine government to extradite its citizen, Gibson,
States courts under their anti-hacker law. Assume that who has committed in his country the indictable
in July 2005, the Philippines adopted its own anti- offense of Obtaining Property by Deception in 1985.
hacker law, to strengthen existing sanctions already The said offense is among those enumerated as
provided against damage to property. The United States extraditable in the Treaty.
has requested the Philippines to extradite him to US
courts under the RP- US Extradition Treaty. For his defense, Gibson asserts that the retroactive
application of the extradition treaty amounts to an ex
Is the Philippines under an obligation to extradite post facto law. Rule on Gibson's contention. (2005 BAR)
Lawrence? State the applicable rule and its rationale.
(2007 BAR) A: Gibson is incorrect. The retroactive application of the
Treaty of Extradition does not violate the prohibition
A: If there was no anti-hacker law in the Philippines when against ex post facto laws, because the Treaty is neither a
the United States requested the extradition of Lawrence, the piece of criminal legislation nor a criminal procedural
Philippines is under no obligation to extradite him. Under statute. (Wright v. Court of Appeals, G.R. No. 113213, 15 Aug.
the principle of double criminality, extradition is available 1994) It merely provided for the extradition of persons
only when the act is an offense in both countries (Cruz,

2022 GOLDEN NOTES
QuAMTO (1987-2021)
wanted for offenses already committed at the time the ALTERNATIVE ANSWER:
treaty was ratified. (UPLC Suggested Answers)
Republic B can deny the request of Republic X to extradite
Q: John is a former President of the Republic X, bent on William because his offense was not a political offense. On
regaining power which he lost to President Harry in an the basis of the pre-dominance or proportionality test his
election. Fully convinced that he was cheated, he set out acts were not directly connected to any purely political
to destabilize the government of President Harry by offense. (ibid.)
means of a series of protest actions. His plan was to
weaken the government and, when the situation Q: The Extradition Treaty between France and the
became ripe for a take- over, to assassinate President Philippines is silent as to its applicability with respect
Harry. William, on the other hand, is a believer in to crimes committed prior to its effectivity. (1996 BAR)
human rights and a former follower of President Harry.
Noting the systematic acts of harassment committed by (a) Can France demand the extradition of A, a
government agents against farmers protesting the French national residing in the Philippines, for
seizure of their lands, laborers complaining of low an offense committed in France prior to the
wages, and students seeking free tuition, William effectivity of the treaty? Explain.
organized groups which held peaceful rallies in front of
the Presidential Palace to express their grievances. A: YES, France can ask for the extradition of A for an offense
committed in France before the effectivity of the Extradition
On the eve of the assassination attempt, John's men Treaty between France and the Philippines. In Cleugh v.
were caught by members of the Presidential Security Strakos, (109 Fed. 330, 01 Feb. 1940) it was held that an
Group. President Harry went on air threatening to extradition treaty applies to crimes committed before its
prosecute plotters and dissidents of his administration. effectivity unless the extradition treaty expressly exempts
The next day, the government charged John with them. As Whiteman points out, extradition does not define
assassination attempt and William with inciting to crimes but merely provides a means by which a State may
sedition. John fled to Republic A. William, who was in obtain the return and punishment of persons charged with
Republic B attending a lecture on democracy, was or convicted of having committed a crime who fled the
advised by his friends to stay in Republic B. Both jurisdiction of the State whose law has been violated. It is
Republic A and Republic B have conventional therefore immaterial whether at the time of the commission
extradition treaties with Republic X. If Republic X of the crime for which extradition is sought no treaty was in
requests the extradition of John and William, can existence. If at the time extradition is requested there is in
Republic A deny the request? Why? State your reason force between the requesting and the requested State a
fully. (2002 BAR) treaty covering the offense on which the request is based,
the treaty is applicable. (Whiteman, 1963)
A: Republic A can refuse to extradite John, because his
offense is a political offense. John was plotting to take over (b) Can A contest his extradition on the ground that
the government and the plan of John to assassinate it violates the ex post facto provision of the
President Harry was part of such plan. However, if the Philippine Constitution? Explain.
extradition treaty contains an attentat clause, Republic A
can extradite John, because under the attentat clause, the A: NO, A cannot contest his extradition on the ground that
taking of the life or attempt against the life of a head of state it violates the ex post facto provision of the Constitution.
or that of the members of his family does not constitute a The prohibition against ex post facto laws in Sec. 22, Art. III
political offense and is therefore extraditable. (UPLC of the 1987 Constitution applies to penal laws only and does
Suggested Answers) not apply to extradition treaties. (Wright v. Court of Appeals,
G.R. No. 113213, 15 Aug. 1994)
ALTERNATIVE ANSWER:
Republic A may or can refuse the request of extradition of J. BASIC PRINCIPLES OF INTERNATIONAL HUMAN
William because he is not in its territory and thus it is not in RIGHTS LAW
the position to deliver him to Republic X. (2009, 2007, 2003, 2002, 1993, 1992, 1988 BAR)
Even if William were in the territorial jurisdiction of

Republic A, he may not be extradited because inciting to
Q: A terrorist group called the Emerald Brigade is based
sedition, of which he is charged, constitutes a political
in the State of Asyaland. The government of Asyaland
offense. It is a standard provision of extradition treaties,
does not support the terrorist group, but being a poor
such as the one between Republic A and Republic X, that
country, is powerless to stop it.
political offenses are not extraditable. (ibid.)
The Emerald Brigade launched an attack on the

Philippines, firing two missiles that killed thousands of
Filipinos. It then warned that more attacks were
forthcoming. Through diplomatic channels, the

Political Law
Philippines demanded that Asyaland stop the Emerald commits an act of terrorism directly against Filipino
Brigade; otherwise, it will do whatever is necessary to citizens where their citizenship was a factor in the
defend itself. commission of the crime. (ibid.)
Receiving reliable intelligence reports of another Q: In 1993, historians confirmed that during World War
imminent attack by the Emerald Brigade, and it II, "comfort women" were forced into serving the
appearing that Asyaland was incapable of preventing Japanese military. These women were either abducted
the assault, the Philippines sent a crack commando or lured by false promises of jobs as cooks or
team to Asyaland. The team stayed only for a few hours waitresses, and eventually forced against their will to
in Asyaland, succeeded in killing the leaders and most have sex with Japanese soldiers on a daily basis during
of the members of the Emerald Brigade, then the course of the war, and often suffered from severe
immediately returned to the Philippines. (2009 BAR) beatings and venereal diseases. The Japanese
government contends that the "comfort stations" were
(a) Was the Philippine action justified under the run as "onsite military brothels" (or prostitution
international law principle of "self- defense"? houses) by private operators, and not by the Japanese
Explain your answer. military. There were many Filipina "comfort women."
A: The Philippine action cannot be justified as self-defense. Name at least one basic principle or norm of
Self-defense is an act of State by reason of an armed attack international humanitarian law that was violated by
by another State. The acts of terrorism in this case were acts the Japanese military in the treatment of the "comfort
of private group and cannot be attributed to Asyaland, women." (2007 BAR)
which does not support the Emerald brigade. Art. 51 of the
Charter of the United Nations has no applicability, because A: The treatment of “comfort woman” by the Japanese
self- defense in Art. 51 contemplates a response to a military violated Article XXVII of the Geneva Convention (IV),
legitimate armed attack by a State against another State. which provides that women shall be especially protected
The attack by the Emerald Brigade is an attack by a private against any attack on their honor, in particular against rape,
group without authority or as an organ of Asyaland. (UPLC enforced prostitution, or any form of indecent assault.
Suggested Answers) (UPLC Suggested Answers)
(b) As a consequence of the foregoing incident, ALTERNATIVE ANSWER:

Asyaland charges the Philippines with violation
of Article 2.4 of the United Nations Charter that The treatment of “comfort women” by the Japanese military
prohibits "the threat or use of force against the violated Article II of the Geneva Convention (IV) which
territorial integrity or political independence prohibits outrages upon personal dignity, in particular
of any State." The Philippines counters that its humiliating and degrading treatment. (ibid.)
commando team neither took any territory nor
interfered in the political processes of Q: The surviving Filipina "comfort women" demand
Asyaland. Which contention is correct? that the Japanese government apologize and pay them
Reasons. compensation. However, under the 1951 San Francisco
Peace Agreement – the legal instrument that ended the
A: The contention of Asyaland is correct. The Philippines state of war between Japan and the Allied Forces – all
violated Art. 2(4) of the Charter of the United Nations, which the injured states, including the Philippines, received
prohibits States from the threat or use of force against the war reparations and, in return, waived all claims
territorial integrity of any State. (ibid.) against Japan arising from the war. Is that a valid
defense? (2007 BAR)
(c) Assume that the commando team captured a
member of the Emerald Brigade and brought A: The defense is not valid. Under the preamble of the San
him back to the Philippines. The Philippine Francisco Treaty, Japan undertook to conform to the
Government insists that a special international protection and observance of human rights. Art. 103 of the
tribunal should try the terrorist. On the other United Nations Charter provides that the obligations of the
hand, the terrorist argues that terrorism is not member-State prevail over any other international
an international crime and, therefore, the agreement. The waiver in Art. 14(a) of the San Francisco
municipal laws of the Philippines, which Treaty is qualified by Art. 14(b), which stated that Japan had
recognize access of the accused to no resources presently sufficient to make complete
constitutional rights, should apply. Decide with reparation for all such damages and sufferings and meet its
reasons. other obligations. Thus, the waiver was operative only
while Japan had inadequate resources. (UPLC Suggested
A: The terrorist should be tried in the Philippines. Sec. 58 of Answers)
RA 9372, the Human Security Act, provides for its
extraterritorial application to individual persons who,
although outside the territorial limits of the Philippines,

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: The surviving Filipina "comfort women" sue the 2. enforcement measure involving the use of armed
Japanese government for damages before Philippine forces by the UN Security Council under Article 42;
courts. Will that case prosper? (2007 BAR) and
3. enforcement measure by regional arrangement
A: The Filipina “comfort women” cannot sue Japan for under Article 53, as authorized by the UN Security
damages, because a foreign State may not be sued before Council. The allied forces did not launch military
Philippine courts as a consequence of the principles of operations and did not occupy Iraq on the claim
independence and equality of States. (Republic of Indonesia that their action was in response to an armed
v. Vinzon, G.R. No. 154705, 26 June 2003) attack by Iraq, of which there was none. (ibid.)
Q: Not too long ago, “allied forces", led by American and Moreover, the action of the allied forces was taken in
British armed forces, invaded Iraq to “liberate the defiance or disregard of the Security Council Resolution No.
Iraqis and destroy suspected weapons of mass 1441 which set up an enhanced inspection regime with the
destruction." The Security Council of the United Nations aim of bringing to full and verified completion the
failed to reach a consensus on whether to support or disarmament process, giving Iraq a final opportunity to
oppose the “war of liberation” Can the action taken by comply with its disarmament obligations. This resolution
the allied forces find justification in International Law? was in the process of implementation; so was Iraq's
Explain. (2003 BAR) compliance with such disarmament obligations. (ibid.)
A: The United States and its allied forces cannot justify their Q: On October 13, 2001, members of Ali Baba, a political
invasion of Iraq on the basis of self- defense under Article extremist organization based in and under the
51 attack by Iraq, and there was no necessity for protection of Country X and espousing violence
anticipatory self- defense which may be justified under worldwide as a means of achieving its objectives,
customary international law. Neither can they justify their planted high-powered explosives and bombs at the
invasion on the ground that Article 42 of the Charter of the International Trade Tower (ITT) in Jewel City in
United Nations permits the use of force against a State if it Country Y, a member of the United Nations. As a result
is sanctioned by the Security Council Resolution 1441, of the bombing and the collapse of the 100-story twin
which gave Iraq a final opportunity to disarm or face serious towers, about 2,000 people, including women and
consequences, did not authorize the use of armed force. children, were killed or injured, and billions of dollars
(UPLC Suggested Answers) in property were lost.
ALTERNATIVE ANSWER: Immediately after the incident, Ali Baba, speaking

through its leader Bin Derdandat, admitted and owned
In International Law, the action taken by the allied forces responsibility for the bombing of ITT, saying that it was
cannot find justification. It is covered by the prohibition done to pressure Country Y to release captured
against the use of force prescribed by the United Nations members of the terrorist group. Ali Baba threatened to
Charter and it does not fall under any of the exceptions to repeat its terrorist acts against Country Y if the latter
that prohibition. and its allies failed to accede to Ali Baba’s demands. In
response, Country Y demanded that Country X
Article 2(4) of the UN Charter prohibits the use of force in surrender and deliver Bin Derdandat to the
the relations of states by providing that all members of the government authorities of Country Y for the purpose of
UN shall refrain in their international relations from the trial and “in the name of justice.” Country X refused to
threat or use of force against the territorial integrity or accede to the demand of Country Y.
political independence of any state, or in any other manner
inconsistent with the purposes of the United Nations. This What action or actions can Country Y legally take
mandate does not only outlaw war; it encompasses all against Ali Baba and Country X to stop the terrorist
threats of and acts of force or violence short of war. activities of Ali Baba and dissuade Country X from
harboring and giving protection to the terrorist
As thus provided, the prohibition is addressed to all UN organization? Support your answer with reasons.
members. However, it is now recognized as a fundamental (2002 BAR)
principle in customary international law and, as such, is
binding on all members of the international community. A: Country Y may exercise the right of self- defense, as
provided under Article 51 of the UN Charter “until the
The action taken by the allied forces cannot be justified Security Council has taken measure necessary to maintain
under any of the three exceptions to the prohibition against international peace and security”. Self-defense enables
the use of force which the UN Charter allows. These are: Country Y to use force against Country X as well as against
the Ali Baba organization.
1. inherent right of individual or collective self-
defense under Article 51; It may bring the matter to the Security Council which may
authorize sanctions against Country X, including measure
invoking the use of force. Under Article 4 of the UN Charter,

Political Law
Country Y may use force against Country X as well as against the said State can satisfactorily show it is its own interests
the Ali Baba organization by authority of the UN Security that are directly injured. If this condition is fulfilled, the said
Council. (UPLC Suggested Answers) State's claim will be directed against the Philippines as a
subject of international law. Thus it would cease to be an
ALTERNATIVE ANSWER: individual claim of Dr. Mengele. (ibid.)
Under the Security Council Resolution No. 1368, the Dr. Mengele’s case may concern international law norms on
terrorist attack of Ali Baba may be defined as a threat to State responsibility, but the application of these norms
peace, as it did in defining the September 11, 2001 attacks require that the basis or responsibility is the relevant acts
against the United States. The resolution authorizes that can be attributed to the Philippines as a State. (ibid.)
military and other actions to respond to terrorist attacks.
However, the use of military force must be proportionate Hence, under the principle of attribution it is necessary to
and intended for the purpose of detaining the persons show that the acts of the vigilante group Walang Sugat can
allegedly responsible for the crimes and to destroy military be legally attributed to the Philippines by the State of which
objectives used by the terrorists. Dr. Mengele is a national. (ibid.)
The fundamental principles of international humanitarian The application of treaty norms of international law on
law should also be respected. Country Y cannot be granted human rights, such as the provision against torture in the
sweeping discretionary powers that include the power to International Covenants in Civil and Political Rights pertain
decide what states are behind the terrorist organizations. It to States. The acts of private citizens composing Walang
is for the Security Council to decide whether force may be Sugat cannot themselves constitute a violation by the
used against specific states and under what conditions the Philippines as a State. (ibid.)
force may be used. (ibid.)
PRISONERS OF WAR
Q: Walang Sugat, a vigilante group composed of private
businessmen and civic leaders previously victimized by Q: Reden, Jolan and Andy, Filipino tourists, were in
the Nationalist Patriotic Army (NPA) rebel group, was Bosnia-Herzegovina when hostilities erupted between
implicated in the torture and kidnapping of Dr. the Serbs and the Moslems. Penniless and caught in the
Mengele, a known NPA sympathizer. Under public crossfire, Reden, Jolan, and Andy, being retired
international law, what rules properly apply? What generals, offered their services to the Moslems for a
liabilities, if any, arise thereunder if Walang Sugat’s handsome, salary, which offer was accepted. When the
involvement is confirmed? (1992 BAR) Serbian National Guard approached Sarajevo, the
Moslem civilian population spontaneously took up
A: On the assumption that Dr. Mengele is a foreigner, his arms to resist the invading troops. Not finding time to
torture violates the International Covenant on Civil and organize, the Moslems wore armbands to identify
Political Rights, to which the Philippine has acceded. Art. 7 themselves, vowing to observe the laws and customs of
of the Covenant on Civil and Political Rights provides that no war. The three Filipinos fought side by side with the
one shall be subjected to torture or to cruel, inhuman or Moslems. The Serbs prevailed resulting in the capture
degrading treatment or punishment. of Reden, Jolan and Andy, and part of the civilian
fighting force. (1993 BAR)
In accordance with Art. 2 of the Covenant on Civil and
Political Rights, it is the obligation of the Philippines to (a) Are Reden, Jolan and Andy considered
ensure that Dr. Mengele has an effective remedy, that he combatants thus entitled to treatment as
shall have his right to such a remedy determined by prisoners of war?
competent authority, and to ensure the enforcement of such
remedy when granted. (UPLC Suggested Answers) A: Reden, Jolan and Andy are not combatants and are not
entitled to treatment as prisoners of war, because they are
ALTERNATIVE ANSWER: mercenaries. Article 47 of the Protocol I to the Geneva
Conventions of 1949 provides that a Mercenary shall not
On the assumption that Dr. Mengele is a foreigner, his claim have the right to be combatant or a prisoner of war.
will have to be directed against the members of Walang Pursuant to Article 47 of Protocol I of the Geneva Conventions
Sugat on the basis of the Philippine law and be addressed to of 1949, Reden Jolan, and Andy are mercenaries, because
the jurisdiction of Philippine courts. His claim may be based they were recruited to fight in an armed conflict, they in fact
on the generally accepted principles of international law, took direct part in the hostilities, they were motivated to
which form part of Philippine law under Sec. 2, Art. II of the take part in the hostilities essentially by the desire for
Constitution. His claim may be premised on relevant norms private gain and in fact was promised a handsome salary by
of international law of human rights. (ibid.) the Moslems, they were neither nationals of a party to the
conflict nor residents of territory controlled by a party to
Under international law, Dr. Mengele must first exhaust the the conflict, they are not members of the armed forces of a
remedies under Philippine law before his individual claim party to the conflict, and they were not sent by a state which
can be taken up by the State of which he is a national unless

2022 GOLDEN NOTES
QuAMTO (1987-2021)
is not a party to the conflict on official duty as members of

its armed forces. (UPLC Suggested Answers) L. LAW OF THE SEA
(2015, 2013, 2005, 2004, 2000, 1999, 1994 BAR)
(b) Are the captured civilians likewise prisoners of
war?
Q: En route to the tuna fishing grounds in the Pacific

A: The captured civilians are prisoners of war. Under Article
Ocean, a vessel registered in Country TW entered the
4 of the Geneva Convention relative to the Treatment of
Balintang Channel north of Babuyan Island and with
Prisoners of War, inhabitants of a non-occupied territory,
special hooks and nets dragged up red corals found
who on the approach of the enemy spontaneously take up
near Batanes.
arms to resist the invading forces, without having had time
to form themselves into regular armed forces, provided
By international convention certain corals are
they carry arms openly and respect the laws and customs of
protected species, just before the vessel reached the
war, are considered prisoners of war if they fall into the
high seas, the Coast Guard patrol intercepted the vessel
power of the enemy. (ibid.)
and seized its cargo including tuna. The master of the
vessel and the owner of the cargo protested, claiming
LAW ON NEUTRALITY
the rights of transit passage and innocent passage, and
sought recovery of the cargo and the release of the ship.
Q: Switzerland and Australia are outstanding examples
of neutralized states. (1988 BAR)
Is the claim meritorious or not? Reason briefly. (2004
BAR)
(a) What are the characteristics of a neutralized
state?
A: The claim of innocent passage is not meritorious. While
the vessel has the right of innocent passage, it should not
A: Whether simple or composite, a State is said to be
commit a violation of any international convention. The
neutralized where its independence and integrity are
vessel did not merely navigate through the territorial sea, it
guaranteed by an international convention on the condition
also dragged red corals in violation of the international
that such State obligates itself never to take up arms against
convention which protected the red corals. This is
any other State, except for self-defense, or enter into such
prejudicial to the good order of the Philippines. (Art. 19(2)
international obligations as would indirectly involve it in
of the Convention on the Law of the Sea)
war. A State seeks neutralization where it is weak and does
not wish to take an active part in international politics. The
Q: Distinguish briefly but clearly between: The
power that guarantee its neutralization may be motivated
territorial sea and the internal waters of the
either by balance of power considerations or by the desire
Philippines. (2004 BAR)
to make the weak state a buffer between the territories of
the great powers. (J. Salonga & P. Yap, 1966)
A: Territorial sea is an adjacent belt of sea with a breadth of
twelve nautical miles measured from the baselines of a state
(b) Is neutrality synonymous with neutralization?
and over which the state has sovereignty. (Arts. 2 and 3,
If not, distinguish one from the other.
UNCLOS) Ship of all states enjoy the right of innocent
passage through the territorial sea. (Art. 14, UNCLOS)
A: Firstly, neutrality obtains only during war, whereas
neutralization is a condition that applies in peace or in war.
Under Sec. 1, Art. I of the 1987 Constitution, the internal
Secondly, neutralization is a status created by means of
waters of the Philippines consist of the waters around,
treaty, whereas neutrality is a status created under
between and connecting the islands of the Philippine
international law, by means of a stand on the part of a state
Archipelago, regardless of their breadth and dimensions,
not to side with any of the parties at war. Thirdly, neutrality
including the waters in bays, rivers and lakes. No right of
is brought about by a unilateral declaration by the neutral
innocent passage for foreign vessels exists in the case of
State, while neutralization cannot be effected by unilateral
internal waters (Harris, 1998). Internal waters are the
act, but must be recognized by other States. (ibid.)
waters on the landward side of baselines from which the
breadth of the territorial sea is calculated. (Brownlie, 1990)
K. BASIC PRINCIPLES OF INTERNATIONAL Q: State Epsilon, during peace time, has allowed foreign
HUMANITARIAN LAW ships innocent passage through Mantranas Strait, a
strait within Epsilon's territorial sea which has been
used by foreign ships for international navigation. Such
passage enabled the said ships to traverse the strait
between one part of the high seas to another. On June 7,
1997, a warship of State Beta passed through the above-
named strait. Instead of passing through continuously
and expeditiously, the ship delayed its passage to
render assistance to a ship of State Gamma which was

Political Law
distressed with no one nearby to assist. When over which the State exercises jurisdictional
confronted by Epsilon about the delay, Beta explained control.
that the delay was due to force majeure in conformity b. Its contiguous zone shall extend up to 24 nautical
with the provision of Art. 18(2) of the UNCLOS. Seven miles over which the State exercises control as is
months later, Epsilon suspended the right of innocent necessary to prevent infringement of its customs,
passage of warships through Mantranas Strait without fiscal, immigration, or sanitary laws within its
giving any reason therefor. Subsequently, another territory.
warship of Beta passed through the said strait, and was c. Its exclusive economic zone shall extend up to 200
fired upon by Epsilon's coastal battery. Beta protested nautical miles from its baselines over which the
the aforesaid act of Epsilon drawing attention to the State exercises sovereignty over all the exploration,
existing customary international law that the regime of exploitation, or conservation and managing of the
innocent passage (even of transit passage) is non- economic natural resources, whether living or non-
suspendable. Epsilon countered that Mantranas Strait living.
is not a necessary route, there being another suitable d. The continental shelf gives the coastal state rights
alternative route. Resolve the above-mentioned to explore and exploit the resources of the shelf by
controversy. Explain your answer. (1999 BAR) operation of law. (Brownlie, 2012)
A: Assuming that Epsilon and Beta are parties to the Q: Enumerate the rights of the coastal State in the
UNCLOS, the controversy maybe resolved as follows: exclusive economic zone. (2005 BAR)
Under the UNCLOS, warships enjoy a right of innocent A: In the EXCLUSIVE ECONOMIC ZONE, the coastal State has
passage. It appearing that the portion of Epsilon's territorial sovereign rights for the purpose of exploring and exploiting,
sea in question is a strait used for international navigation, conserving and managing the natural resources, whether
Epsilon has no right under international law to suspend the living or non-living, of the waters superjacent to the seabed
right of innocent passage. Article 45(2) of the UNCLOS is and of the seabed and its subsoil, and with regard to other
clear in providing that there shall be no suspension of activities for the economic exploitation and exploration of
innocent passage through straits used for international the zone, such as the production of energy from the water,
navigation. currents and winds in an area not extending more than 200
nautical miles beyond the baseline from which the
On the assumption that the straits in question is not used territorial sea is measured. Other rights include the
for international navigation, still the suspension of innocent production of energy from the water, currents and winds,
passage by Epsilon cannot be effective because suspension the establishment and use of artificial islands, installations
is required under international law to be duly published and structures, marine scientific research and the
before it can take effect. There being no publication prior to protection and preservation of the marine environment.
the suspension of innocent passage by Beta's warship, (Art. 56, UNCLOS)
Epsilon's act acquires no validity.
Q: Distinguish briefly but clearly between: the
Moreover, Epsilon's suspension of innocent passage may contiguous zone and the exclusive economic zone.
not be valid for the reason that there is no showing that it is (2004 BAR)
essential for the protection of its security. The actuation of
Beta's warship in resorting to delayed passage is for cause A: CONTIGUOUS ZONE is a zone contiguous to the territorial
recognized by the UNCLOS as excusable, i.e., for the purpose sea and extends up to twelve nautical miles from the
of rendering assistance to persons or ship in distress, as territorial sea and over which the coastal state may exercise
provided in Article 18(2) of the UNCLOS. Hence, Beta's control necessary to prevent infringement of its customs,
warship complied with the international law norms on right fiscal, immigration or sanitary laws and regulations within
of innocent passage. (UPLC Suggested Answers) its territory or territorial sea. (Art. 33 UNCLOS)
TERRITORIAL SEA The EXCLUSIVE ECONOMIC ZONE is a zone extending up to

200 nautical miles from the baselines of a state over which
Q: Describe the following maritime regimes under the coastal state has sovereign rights for the purpose of
UNCLOS: (2015 BAR) exploring and exploiting, conserving and managing the
a. Territorial sea natural resources, whether living or nonliving, of the waters
b. Contiguous zone superjacent to the seabed and of the seabed and subsoil, and
c. Exclusive economic zone with regard to other activities for the economic exploitation
d. Continental shelf and exploration of the zone. (Arts. 56 and 57 UNCLOS)
A: Under the provisions of UNCLOS III: Q: What is the concept of the exclusive economic zone
under the UN Convention on the Law of the Sea? (2000
a. The territorial waters of an archipelagic state shall BAR)
extend up to 12 nautical miles from its baselines

2022 GOLDEN NOTES
QuAMTO (1987-2021)
A: The exclusive economic zone under the Convention on diminution of territory. Under traditional international law
the Law of the Sea is an area beyond and adjacent to the typology, States acquire (or conversely, lose) territory
territorial sea, which shall not extend beyond 200 nautical through occupation, accretion, cession and prescription, not
miles from the baselines from which the territorial sea is by executing multilateral treaties on the regulations of sea-
measured. The coastal State has in the exclusive economic use rights or enacting statutes to comply with the treaty’s
zone: terms to delimit maritime zones and continental shelves.
Territorial claims to land features are outside UNCLOS III,
a. Sovereign rights for the purpose of exploring and and are instead governed by the rules on general
exploiting, conserving and managing the natural international law.
resources, whether living or non-living, if the
waters superjacent to the sea-bed and of the The Kalayaan Islands and the Scarborough Shoals are
seabed and subsoil, and with regard to other located at an appreciable distance from the nearest
activities for the economic exploitation and shoreline of the Philippine Archipelago. A straight baseline
exploration of the zone, such as the production of loped around them from the nearest baseline will violate
energy from the water, currents and winds; Article 47(3) and Article 47(2) of the United Nations
b. Jurisdiction as provided in the relevant provisions Convention on the law of the Sea III. Whether the bodies of
of the Convention with regard to: water lying landward of the baselines of the Philippines are
i. the establishment and use of artificial internal waters or archipelagic waters, the Philippines
islands, installations and structures; retains jurisdiction over them (Magallona v. Ermita, G.R No.
ii. marine scientific research; 187167, 16 Aug. 2011)
iii. and the protection and preservation of the
marine environment; Q: In the desire to improve the fishing methods of the
c. Other rights and duties provided for in the fishermen, the Bureau of Fisheries, with the approval of
Convention. (Art. 56, UNCLOS) the President, entered into a memorandum of
agreement to allow Thai fishermen to fish within 200
Q: A bill was introduced in the House of Representatives miles from the Philippine sea coasts on the condition
in order to implement faithfully the provisions of the that Filipino fishermen be allowed to use Thai fishing
United Nations Convention on the Law of the Sea equipment and vessels, and to learn modern
(UNCLOS) to which the Philippines is a signatory. technology in fishing and canning. Is the agreement
Congressman Pat Rio Tek questioned the valid? (1994 BAR)
constitutionality of the bill on the ground that the
provisions of UNCLOS are violative of the provisions of A: NO, the President cannot authorize the Bureau of
the Constitution defining the Philippine internal waters Fisheries to enter into a memorandum of agreement
and territorial sea. Do you agree or not with the said allowing Thai fishermen to fish within the exclusive
objection? Explain. (2015 BAR) economic zone of the Philippines, because the Constitution
reserves to Filipino citizens the use and enjoyment of the
A: The objection of Congressman Pat Rio Tek does not hold exclusive economic zone of the Philippines. (UPLC
water. UNCLOS does not define the internal and territorial Suggested Answers)
waters of states but merely "prescribes the water-land
ratio, length, and contour of baselines of archipelagic States 1. BASELINES
like the Philippines. Whether referred to as Philippine (2016 BAR)
internal waters or as archipelagic waters under UNCLOS,
the Philippines exercises sovereignty over the body of
Q: Section 2 of RA 9522 declared the Kalayaan Island
water lying landward of the baselines, including the air
Group (KIG) and Scarborough Shoal as “Regime of
space over it and the submarine areas underneath.
Islands.” Professor Agaton contends that since the law
did not enclose said islands, the Philippines lost its
Q: Congress passed Republic Act No. 7711 to comply
sovereignty and jurisdiction over them. Is his
with the United Nations Convention on the Law of the
contention correct? Explain. (2016 BAR)
Sea. In a petition filed with the Supreme Court, Anak Ti
Ilocos, an association of Ilocano professionals, argued
A: This line of argument is negated by RA 9522 itself.
that Republic Act No. 7711 discarded the definition of
Section 2 of the law commits to text the Philippines
the Philippine territory under the Treaty of Paris and in
continued claim of sovereignty and jurisdiction over the KIG
related treaties; excluded the Kalayaan Islands and the
and the Scarborough Shoal:
Scarborough Shoals from the Philippine Archipelagic
baselines; and converted internal waters into
SEC. 2. The baselines in the following areas over which
archipelagic waters. Is the petition meritorious? (2013
the Philippines likewise exercises sovereignty and
BAR)
jurisdiction shall be determined as Regime of Islands under
the Republic of the Philippines consistent with Article 121
A: NO, the petition is not meritorious. The United Nations
of the United Nations Convention on the Law of the Sea
Convention on the law of the Sea plays no role in the
(UNCLOS):
acquisition, enlargement or, as petitioners claim,

Political Law
a. The Kalayaan Island Group as constituted 2. ARCHIPELAGIC STATES

under Presidential Decree No. 1596 and (1989, 2009, 2016 BAR)
b. Bajo de Masinloc, also known as Scarborough
Shoal.
Q: Define the archipelagic doctrine of national
territory, state its rationale and explain how it is
Although the Philippines has consistently claimed
implemented through the straight baseline method
sovereignty over the KIG32 and the Scarborough Shoal for
(2016 BAR)
several decades, these outlying areas are located at an
appreciable distance from the nearest shoreline of the
A: By the term “archipelagic doctrine of national territory”
Philippine archipelago,33 such that any straight baseline
is meant that the islands and waters of the Philippine
loped around them from the nearest basepoint will
Archipelago are unified in sovereignty, together with “all
inevitably depart to an appreciable extent from the general
the territories over which the Philippines has sovereignty
configuration of the archipelago.
or jurisdiction.”
Hence, far from surrendering the Philippines claim over the

This archipelagic doctrine, so described under Article 1 of
KIG and the Scarborough Shoal, Congress decision to
the Constitution, draws its rationale from the status of the
classify the KIG and the Scarborough Shoal as Regime[s] of
whole archipelago in sovereignty by which under Part IV of
Islands under the Republic of the Philippines consistent
the UNCLOS the Philippines is defined as an Archipelagic
with Article 12136 of UNCLOS III manifests the Philippine
State in Article 46, thus:
States responsible observance of its pacta sunt servanda
obligation under UNCLOS III. Under Article 121 of UNCLOS
a. “archipelagic state” means a State constituted
III, any naturally formed area of land, surrounded by water,
wholly by one or more archipelagos and may
which is above water at high tide, such as portions of the
include other islands;
KIG, qualifies under the category of regime of islands, whose
b. “archipelago” means a group of islands
islands generate their own applicable maritime zone
including parts of islands
(Magallona v. Ermita, G.R No. 187167, 16 Aug. 2011)
interconnecting waters and other natural
features which are so closely interrelated that
ALTERNATIVE ANSWER:
such islands waters and other natural features
form an intrinsic geographic, economic and
Prof. Agaton’s contention is erroneous. Under Art. 121 of
political entity, or which historically have been
the UNCLOS, “Regime of islands” is a definition of the island
regarded as such.
as “a naturally formed area of land, surrounded by water
which is above water at high tide.”
As an archipelagic state, the national territory is
implemented by drawing its “straight archipelagic
On the other hand, this provision, is differentiated from
baselines” pursuant to Art. 47 of the UNCLOS which
“rocks” which cannot sustain human habitation of their
prescribes among its main elements, as follows:
own.
1. By “joining the outermost points of the outermost

The importance of the difference between natural island
islands and drying reefs of the archipelago”,
and rock is that an island is provided with territorial sea,
including the main islands and an area in which the
exclusive economic zone and continental shelf, whereas
ration of the area of the water to the land, including
rocks have no exclusive economic zone and continental
atolls, is between 1 to 1 and 9 to 1.
shelf.
2. Mainly, the length of such baselines “shall not
exceed 100 nautical miles…”
This is the difference by which RA 9522 introduced into the
3. “The drawing of such baselines shall not depart to
KIG and separately Panatag or Scarborough Shoal is an
any appreciable extent from the general
island.
configuration of the archipelago.”
“Regime of Islands”, has no relevance to acquisition or loss

Q: TRUE or FALSE. Explain your answer in not more
of sovereignty. RA 9522 has the effect of possibly dividing
than two (2) sentences: Under the archipelago doctrine,
the area in question into island and rocks, apparently to
the waters around, between, and connecting the islands
make clear for each the maritime zones involved in the
of the archipelago form part of the territorial sea of the
definition of island or of rocks.
archipelagic state. (2009 BAR)
A: False. Under Article I of the Constitution, the water

around, between and connecting the islands of the
Philippines form part of its internal waters. Under Article
49 (1) of the U.N. Convention on the Law of the Sea, these
waters do not form part of the territorial sea but are
described as archipelagic waters.

2022 GOLDEN NOTES
QuAMTO (1987-2021)
Q: What do you understand by the archipelagic installations and structures for the purposes provided for in
doctrine? Is this reflected in the 1987 Constitution? Article 56 and other economic purposes, installations and
(1989 BAR) structures which may interfere with the exercise of the
rights of the coastal State in the zone; it shall also have the
A: The archipelagic doctrine emphasizes the unity of land exclusive jurisdiction over such artificial islands,
and waters by defining an archipelago either as a group of installations, and structures, including jurisdiction with
islands surrounded by waters or a body of waters studded regard to customs, fiscal, health, safety, and immigration
with islands. For this purpose, it requires that baselines be laws and regulations.
drawn by connecting the appropriate points of the
outermost islands to encircle the islands within the Q: What is the basis of the Philippines’ claim to a part of
archipelago. The waters on the landward side of the the Spratly Islands? (2000 BAR)
baselines regardless of breadth or dimensions are merely
internal waters. The entire archipelago is regarded as one A: The basis of the Philippine claim is effective occupation
integrated unit instead of being fragmented into so many of a territory not subject to the sovereignty of another state.
thousand islands The Japanese forces occupied the Spratly Island group
during the Second World War. However, under the San
Yes, the archipelagic doctrine is reflected in the 1987 Francisco Peace Treaty of 1951 Japan formally renounced
Constitution. Section 1, Article I, provides that the national all right and claim to the Spratlys. The San Francisco Treaty
territory of the Philippines includes the Philippine or any other international agreement, however, did not
archipelago, with all the islands and waters embraced designate any beneficiary state following the Japanese
therein; and the waters around, between, and connecting renunciation of right. Subsequently, the Spratlys became
the islands of the archipelago, regardless of their breadth terra nullius and was occupied by the Philippines in the title
and dimensions, form part of the internal waters of the of sovereignty. Philippine sovereignty was displayed by
Philippines. open and public occupation of a number of islands by
stationing of military forces. By organizing a local
3. INTERNAL WATERS government unit, and by awarding petroleum drilling
rights, among other political and administrative acts. In
1978, it confirmed its sovereign title by the promulgation of
4. TERRITORIAL SEA Presidential Decree No. 1596, which declared the Kalayaan
Island Group part of Philippine territory.
5. CONTIGUOUS ZONE
(2000, 2019 BAR) 7. CONTINENTAL SHELF AND EXTENDED
CONTINENTAL SHELF
Q: Under the United Nations Convention on the Law of
the Sea (UNCLOS), what are the rights of the Philippines 8. INTERNATIONAL TRIBUNAL FOR THE LAW OF THE
within the following areas: SEA
Contiguous zone (2019 BAR)
A: The Contiguous Zone is an intermediary zone between M. BASIC PRINCIPLES OF INTERNATIONAL

the territorial sea and the high seas extending enforcement ENVIRONMENTAL LAW
jurisdiction of the coastal state to a maximum of 24 nautical
miles from baselines for the purposes of preventing or
punishing violations of customs, fiscal, immigration or
sanitary (and thus residual national security) legislation. 1. PRECAUTIONARY PRINCIPLE
(2019 BAR)
6. EXCLUSIVE ECONOMIC ZONE

(2019 BAR) Q: Define precautionary principle. (2019 BAR)
A: PRECAUTIONARY PRINCIPLE is applied where there

Q: Under the United Nations Convention on the Law of
are threats of serious or irreversible damage, lack of full
the Sea (UNCLOS), what are the rights of the Philippines
scientific certainty shall not be used as a reason for
within the following areas:
postponing cost-effective measure to prevent
environmental degradation. (Principle 15, The Rio
Exclusive economic zone (2019 BAR)
Declaration on Environment and Development)
A: Under the EEZ, the coastal state retains exclusive
sovereignty over exploring, exploiting, and conserving all
natural resources. Under Article 60 of the United Nations
Convention on the Law of the Sea (UNCLOS). It also has the
right to construct and authorize and regulate the
construction, operation and use of artificial islands,


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University of Santo Tomas

FACULTY OF CIVIL LAW (1734)

Address: Academics Committee

Tel. No: (02) 8731-4027

Released in the Philippines, 2022.

ACADEMICS COMMITTEE 2022

POLITICAL LAW QuAMTO COMMITTEE 2022

TAXATION LAW QuAMTO COMMITTEE 2022

ATTY. AL CONRAD B. ESPALDON

OUR DEEPEST APPRECIATION TO OUR

Justice Amy Lazaro-Javier Atty. Rafaelito M. Garayblas †

Justice Oswaldo D. Agcaoili Atty. Kristjan Vicente T. Gargantiel

Judge Charito M. Sawali Atty. Allan B. Gepty

Judge Rigor R. Pascual Atty. Rene B. Gorospe

Dean Lope E. Feble Atty. Victoria V. Loanzon

Dean Antonio G.M. La Viña Atty. Anicia C. Marquez

Chairman Sheriff M. Abas Atty. Edwin R. Sandoval

Atty. Carlo L. Cruz Atty. Ismael L. Sarangaya, Jr.

Atty. Enrique V. Dela Cruz Atty. Mauricio C. Ulep

Atty. Al Conrad B. Espaldon

OUR DEEPEST APPRECIATION TO OUR

Justice Japar B. Dimaampao

Atty. Abelardo T. Domondon

Atty. Noel M. Ortega

Atty. Virginia Jeannie P. Lim

Atty. Prudence Angelita A. Kasala

Atty. Benedicta Du-Baladad

Atty. Rizalina V. Lumbera

Atty. Lean Jeff M. Magsombol

Atty. Kenneth Glenn L. Manuel

Atty. Clarice Angeline V. Questin

THE RISK OF USE OF THIS BAR

Q: The separation of Church and State is most clearly

A. the State funds a road project whose effect is to

2. Executive Agreement allowing the Republic of ALTERNATIVE ANSWER:

1 UNIVERSITY OF SANTO TOMAS

A: I will rule in favor of the concerned citizens. The

Minors apprehended for violation of the curfew

UNIVERSITY OF SANTO TOMAS 2

The doctrine of operative fact recognizes the existence of

3 UNIVERSITY OF SANTO TOMAS

A: B. The President pardons a convict as a way to set aside

UNIVERSITY OF SANTO TOMAS 4

APPLICATION A public official may be compelled to act through a writ of

5 UNIVERSITY OF SANTO TOMAS

UNIVERSITY OF SANTO TOMAS 6

Q: The Municipality of Pinatukdao is sued for damages

7 UNIVERSITY OF SANTO TOMAS

infrastructure is any basic facility needed by society. The

Q: The two accepted tests to determine whether or not

UNIVERSITY OF SANTO TOMAS 8

penalties for their violation will be the same as the penalties

Q: Describe the power of taxation. May a legislative

A: The power of taxation is inherent in the State being an

Being an inherent power, the legislature can enact laws to

Q: Congress passed a sin tax that increased the tax rates

(A) Wrong because taxes are the lifeblood of the

(B) Wrong because the law recognizes that the

(C) Correct because no government can deprive a