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i e t
e v e
R MOCK BAR ESSAY EXAMS
MS

r n
a l ON

t e
n In
TICAL
CAL LAW
POLITICAL

i o Prof
ro Ramel C. Muria
By: Prof.

s
ss 1. Congress enacted Republic

l
ublic
in Philippine archipelagic waters.
e
ic Act No. 44455 which establishes the archipelagic sea lanes
ters. Amon
Among others, the law provides the particular routes or sea

b
lanes where foreign shipsipss and vessels
vessel may pass through in the maritime zones, which are the
archipelagic waterss and adjacent
adjacen territorial sea of the Philippines, and laid down the
uch ships
obligations of such

R o sh s and vessels while using the lanes. It empowers the President to

designate thee archipelagic sea lanes, as may be required by territorial integrity of the state and
in the interest
erest navigation and protection of Philippine living and nonliving resources
est of safe n

n
in the Phi
Philippine
hilippine
lippine wawaters, which may be used for the right of sea lanes passage of foreign ships

a
and After due publication, the Chief Executive directed the Philippine Navy and the
d vessels. Afte
A
Philippine C Coast Guards to enforce the sea lanes obligations on foreign ships and vessels

h
which m may use the established ones, and to apprehend those which would violate the

C
designated
design sea lanes by the President in accordance with the law. Captain Shusi, whose vessel
SS Wasabi was accosted by the Philippine Coast Guards for violation of the rights and
obligations of the designated sea lanes, questioned the validity of Republic Act 44455 stating
the certain violations of the customary law principle of pacta sunt servanda in relation to the
UNCLOS and the provisions of the Constitution of the Republic of the Philippines. The
Office of the Solicitor General defended the validity of the act by the existing conventional
ip
and customary laws and the provisions of the 1987 Philippine Constitution. It also questioned

r
the legal standing of the petitioner considering that at he wwas not a resident alien nor doing
business in the Philippines as in fact, his vessel was suppose
supposed to use the designated sea lanes

a
as a transit vessel only. Rule on the petition.

Suggested answer:
B
The petition lacks merit. Under

e s
er the UNCLOS,
UNC
UNCL coastal states have the right to designate

l
archipelagic sea lanes for seaa lanes passage
pass
passa (transit) of foreign ships and vessels. Underscore

b
that sea lanes passage is different
fferent from innocent passage. The UNCLOS requires due publicity
of such sea lanes which h may be assumed
ich ass in the given case. Meanwhile, the delegation to the

o
President of the determination
ermination of the seal lanes may be permissible considering that the law
is complete andnd with sufficient
suffici
suffic standard; in other words, the law is a contingent legislation

R
permissiblee within the nnon-delegation principle. Hence, the petition should be dismissed.
no

2.
Developm
a n
A Petition for Writ of Mandamus was commenced by the Association of Body Care
evelopment
Developmentent and Enhancement of Flourish for the Good of Humanity (ABCDEFGH)

h
praying for the issuance of the Writ of Mandamus compelling the Office of the President, the
Secretar
Secretary of Health, the President of PhilHealth and other government agencies to carry out

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i e t
or conduct a mass

e v
asss testing in M
Metro Manila and other cities or places
ces
e
es under sim
similar Covid-19

n
community infections. Petitioners,
Peti through their organization (ABCDEFGH), who are all
n (ABCDEFG

R
residents of Manila, anchor
an their cause of action on the

r
he rights to hhealth, healthful and

l e
balanced
ced eecology,
ogy and
ology, an the provisions of the Administrative
tive which mandates the DOH
ve Code wh
to carry
rry out health
h alt programs to ensure and protect the hee people’s h
he
health. The Solicitor General

a
opposed the Petition claiming (a) petitioners, who
t
ho filed the ca
case through their organization,

n In
have no locus standi; (b) no cause of action n may
ay be predicated
pred
pre on the bases stated in the
petiti
petitio
petition to sustain the case; and (c) a writ of man mand
mandamus cannot be resorted to compel

o
rrespondents to carry out a mass testing
re ing campaign
ampaign adverted to in the petition. Decide the

i s
petition.

ss Suggested answer:

l e
The petition has no merit.
b
it. Petition
Petitioner has no legal standing to sustain the petition. Granting

o
that members of the he organizatio
organization have legal standing on their own to maintain the mandamus
suit, such legalgal standing m may not be claimed on their behalf by their organization.
Nevertheless,
R
ss,, under a lib
liberal
libe treatment of the legal standing question, the case may be decided

n
on the meritt to determine
determ
dete whether the act adverted to by petitioners may be compelled to be
donee via a Writ of Mandamus. Notably, the right to health is a self-executing right and thus,

a
itt could be su
sufficient basis for a claim ventilated before the courts. However, the duty to
suf

h
protect people
peo from a pandemic is a general duty upon of which the Secretary of Health has
discretion to choose among the various means with which to carry it out. The correlative
discretio

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obligation of the right to health is one of result, not of the process (obligation of results).
obli
oblig
Accordingly, the act prayed for is not a ministerial duty which may be compelled to be done
A
via a Writ of Mandamus.

3. To address the national crisis due to a pandemic communicative illness, the Congress
delegated to the President the authority to exercise powers necessary and proper to carry out
a declared national policy. Among the delegated emergency ergen powers pertain to the authority

r
of the President to: (a) Direct the discontinuance cee of app
appropriated programs, projects or

a
activities (P/A/P) of any agency of the Executive ve Departmen
Department, including GOCCs, in the 2019
and 2020 General Appropriations Act (GAA), AA), and
AA) and utilize
utili
utiliz the savings generated therefrom;
and (b) Reprogram, reallocate, and realign
B
gn savings from other appropriation items in the

s
GAA of 2020. Covito questioned the hee constitutionality
cco stitutio
itutio of the grant of emergency powers,

e
contending that, among others, the llaw aw allows
l the president to exercise the power of
presidential impoundment and d to
o violate ththe limitations of the power of augmentation under

b
Suggested answer:
wer:
l
the Constitution and pertinent
nt rulings of
nent o the Supreme Court. Rule on the petition.

R
allow thee President
o
The grant of emergency po powers is unconstitutional. Congress cannot enact a law which will
resident to avoid his Chief Executive duty of “faithfully executing” the laws.

n
However, r, Congress may word the delegation of emergency power in such a way that it may
ver,

a
operate
erate
te as an im
implied repeal or as an amendment to existing laws (GAA for instance) so that
the
he faithful execution
eex clause may not be violated. Besides, it may be justified that even if the

h
Constituti
Constit ut
Constitution does not provide for the Presidential power of impoundment, exercise of such

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i e t
power, especially
lly

e v
y during emergencies,
eme
emer may be considered one off the
e
he residual powers of the

n
President.

R r
l e
Moreover,
eover, the
hee funds
fu which are to be withheld are nott savings. The They were obligated funds
though
ugh not disbursed.
although i
isb enigno
nigno Aquino
In the case of Araullo vs. Benigno Aquin III to wit: Savings refer to

a
portions or bbalances of any programmed appropriation
t
riation
ation in this Act free from any obligation or

n In
encumbr
encumbrance which are: (i) still available after fter the
the completion
comp
com or final discontinuance or
aband
aba nd
abandonment pose for whic
of the work, activity or purpose wh
which the appropriation is authorized; (ii)

o
ffrom appropriations balances arising fro
fro from unpaid cocompensation and related costs pertaining

i s
bsence
to vacant positions and leaves of absencence without
w thou
hou pay; and (iii) from appropriations balances

s e
realized from the implementation on
n of measu
measures
measur resulting in improved systems and efficiencies

s l
and thus enabled agencies to o meet and deliver
de the required or planned targets, programs and

b
services approved in thiss Act at a less
lesser cost. Accordingly, the requisites of the doctrine of
augmentation under Section
tion 25 (5) of Article VI were not complied with.

4. The House
Special Privilege
vil
R o Representatives passed House Bill No. 5555 entitled “An Act Imposing
ouse of Repre
Repr
ege Tax to Internet Providers and Social Communication Media Companies
ilege

n
and for Other
her Purposes.”
Purpos
Purpo When it was sent to the Senate, the Senate passed Senate Bill No.
33333 entitled,
itled, “An
“A Act Requiring Internet and Social Communication Media Companies to
Pay
a
y Fran chis Tax and For Other Purposes.” The Senate version is entirely different from
Franchise

h
House Bill No. 5555. Later, the two versions were sent to the Congressional Conference
Committee for harmonization. Two months after, the Conference Committee submitted to
Commi

C
the Congress
C a version of the Consolidated Bill which contains several provisions not found
i the House and Senate Bills. After the approval of the new Bill, the President signed it into
in
law. Congressman J questioned the constitutionality of the new law alleging that: (a) the law
violates the provision of the Constitution since it is a revenue law which did not originate in
the House of Representatives because the Senate substituted its own version to that of the Bill
passed by the House of Representatives; and (b) the new law is unconstitutional because the
Consolidated Bill introduced by the Conference Committee, mmi a third and different versions

r
from the House and Senate Bills, did not undergo ergo three
dergo thre readings as required by the

a
Constitution. The Office of the Solicitor General neral answered the petition on behalf of the
ral answere
Executive Secretary and the Secretary of Finance nance asking for its dismissal on the ground that:
(a) Congressman J is estopped from questioning
B
ioning the vvalidity of the law because he voted for

s
the passage of the law when the new w ver
versi
versionn was ppresented in the plenary for voting; and (b)

e
the law was in accordance with h the Constitution
Cons
Con because the Congressional Conference
Committee is a constitutionall creation
eation and enjoys the power to come up with a harmonized

b
Suggested answer:
wer:
l
or even new versions of thee conflicting Bills. Decide on all the issues raised by the parties.
onflicting B

The issues raised

aised

R o
sed by partie
parties are may be resolved using the following principles:

n
1. The requirement that revenue bills should originate in the House of

a
Representatives when the Senate decides to take up its own version of the
Repr
Represe
appropriation bill while waiting for or in anticipation of the House version.
app

h
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i e t
2. The

e v
hee Bicamera
Bicameral Conference Committee has the power to in
e introduce new

n
provisions entirely different version from the two
ovisions or aan en wo bills sent to it in an effort to

R
harmonize
armonize the

r
th conflicting bills. Nevertheless, thee new version or the harmonized

l e
vversion
ion is still
sion st subject to the approval of the two o ho uses of Congress,
houses C and as such, it
is d me the official version of the Congress
deemed ess
ss eventually.
eventually

a t
n In
3. The readings are not required for the consol
conso
consolidated version of the bills because
the latter had gone through the process already.
alread
alre It is enough that the consolidated

o
on ess after the
version is approved by the Congress t work of the Bicameral Committee.

s i 4. Estoppel is not applicable

pplic

e
plicable
s
able pr
pre
precisely because the consolidated bill is the work of

s l
the whole congresss and that the votes by members of the Congress would not estop

b
them from laterr on questionin
questioning the validity of the law signed by the Chief Executive.

o
5. The Union n of Fili pino Workers (UFW) organized a chapter in the International
Filipino
Pandemic Researchsearch Instit
Institut
Institute (IPRI), a duly recognized international organization, with a
regional branch
R
nch office in
ranch i the Philippines. 25% of the 20 rank and file employees of the

n
international
tional organization
al organ
organiz
i joined the union. Since the management refused recognition, a
petition certification
tion for certi
certifi election was filed by the UFW on behalf of its local chapter. The
IPRI
a
RI opposed the petition before the Bureau of Labor Relations contending that the petition
PRI

h
is
is actually a suit against the international organization and violative of the diplomatic
privileg of immunity from suit granted to it under the existing domestic and international
privilege

C
law
laws
laws. The UFW countered that no immunity from suit has been violated by the petition and
tthat the claim of diplomatic immunity is not proper since unless the BLR has properly
th
inquired into the rationale for the same, the IPRI has no right to such claim. The IPRI filed a
rejoinder contending that its immunity cannot be looked into by the BLR because it is beyond
the competence of any court or tribunal and that the petition is actually a suit against the
institute. Rule on the propriety of the contentions of the parties.

r
Suggested answer:

The BLR cannot look into the validity of thee diplomatic

B
on. It is a po
government to an international organization. a
diplomatic immunity
im
political issue.
accorded by the Philippine

Calleja, G.R. No. 85750, September

e s
The Supreme Court ruled in thee case of International
mber 28, 1
ptember
IIn Catholic Migration Commission v.
1990, that the diplomatic immunity enjoyed by an
19
international organization bans
labor case, i.e. petition
election is includedd in
b l suits whether civil, criminal, or administrative (such as a
ns all suits,
certification election). Accordingly, the petition for certification
n for certificat
prohibition.
n the prohib
p roh Even in the assumption that employers should be a

respondent.
nt.
R o
bystander in a certification
rtification
In this case, the petition
election, a petition to its conduct is still a suit against an employer.
cation ele
petition ffor certification election is a suit where the IPRI stood as party
pe

a n
h
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i e t
6. Enumerate
ate

e v
te the criteria for
f participation in the party-lists elections.
ections.
ctions.
e
R
ested aanswer:
Suggested nswer

r n
he followin
The

a l
ollowin are the criteria for participation in thee party
following
e
party-

t
-lists el
party-lists ele
elections:

n In
icipate
ate in the p
1. Three different groups may participate party-list system: (1) national
p
par
parties or organizations, (2) regional parties or organizations, and (3)

o
atio s.
sectoral parties or organizations.

s i e s
2. National parties or organizatio
organizat
organizations and regional parties or organizations do

s l
anize
ize along sec
not need to organize sectoral lines and do not need to represent any

b
"marginalizedd and underrepresented"
underrep
underre sector.

o
tical
al parties ca
3. Political can participate in party-list elections provided they register
der the party
under l system and do not field candidates in legislative district
party-list

R
elections.
lections. A ppolitical party, whether major or not, that fields candidates in

n
legislativ district elections can participate in party-list elections only
legislative
through its sectoral wing that can separately register under the party-list
throu
throug

a system. The sectoral wing is by itself an independent sectoral party, and is

sy
syst

h
linked to a political party through a coalition.

C
4. Sectoral parties or organizations may either be "marginalized and
underrepresented" or lacking in "well-defined political constituencies." It is
enough that their principal advocacy pertains to the special interest and
concerns of their sector. The sectors that are "marginalized and
underrepresented" include labor, peasant, fisherfolk, urban poor, indigenous
cultural communities, handicapped, veterans, and overseas workers. The
sectors that lack "well-defined political constituencies"
stitu include professionals,

r
the elderly, women, and the youth.

represent the "marginalized and under a

5. A majority of the memberss of sectoral parties or organizations that

Bunderrepresented" must belong to the

underr

s
"marginalized and underrepresented"
rrepre nted" sector they represent. Similarly, a
rep ented"

e
majority of the members rs of sectoral
ers sect l parties or organizations that lack "well-
secto
defined political constituencies"
tituencies must belong to the sector they represent.
onstituencies"

"marginalized
"well-defined
fined
l
The nominees off sectoral parties or organizations that represent the

b
d and underrepresented,"
ed unde or that represent those who lack
political constituencies," either must belong to their respective
ned politic
sectors,
The
o
rs, or must ha

R
he nominees
nominees of
fide members
have a track record of advocacy for their respective sectors.
o national and regional parties or organizations must be bona
membe of such parties or organizations.

a n 6. N
di
National, regional, and sectoral parties or organizations shall not be
disqualified if some of their nominees are disqualified, provided that they

h
have at least one nominee who remains qualified.

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