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D E C E M B E R 2 7, 2 0 1 8
Appeals

Bail

BY: The UP LAW COMPLEX Banking

Bar Q & A
I.

Civil Law
The contents of the vault of ABC Company
consisting of cash and documents were Civil Law
stolen. Paulyn, the treasurer of ABC, was
Constitutional Law
invited by the Makati City Police
Department to shed light on the amount Corporation Law

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of cash stolen and the details of the Criminal Law

missing documents. Paulyn obliged and
volunteered the information asked. Later, Election Law

Paulyn was charged with quali ed theft

Homicide
together with suspects. Paulyn claims her
rights under the Constitution and Insurance
pertinent laws were blatantly violated.
The police explained that they were just Intellectual Property
Law
gathering evidence when Paulyn was
invited for a conference and she was not a International Law
suspect at that time. Rule on her defense.
(5%) Internet Crime

Labor Law
SUGGESTED ANSWER
Law School
No, the defense of Paulyn is not valid.
When she was invited for questioning by Legal Ethics

the Makati City Police Department and she

Mercantile Law
volunteered information, she was not yet
a suspect. Her constitutional rights of a Political Law
person under investigation for the
Remedial Law
commission of an o ense under Section
12(1), Article Ill of the Constitution begins
Special Proceedings
to operate when the investigation ceases
to be a general inquiry upon an unsolved Statutory
Construction
crime and begins to be aimed upon a
particular suspect who has been taken
Taxation
into custody and the questions tend to
elicit incriminating statements (People v.
Marra, G.R. No. 108494, September 20,
1994, 236 SCRA 565). RECENT
POSTS
II.
SUMIFRU v. Baya
G.R. No. 188269 April
Sec. 11, Art. Xll of the Constitution,
17, 2017 Labor
provides: “No franchise, certi cate or any Dispute,

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other form of authorization for the Constructive

Dismissal, Doctrine
operation of a public utility shall be
of Strained Relations
granted except to citizens of the
Philippines or to corporations or Osmena v. Pendatun
associations organized under the laws of G.R. No. L-17144
October 28, 1960
the Philippines at least sixty per centum
Parliamentary
of whose capital is owned by such citizens
Doctrine of
x x x.” Does the term “capital” mentioned Separation of
in the cited section refer to the total Powers, Power of the

common shares only, or to the total Legislature to

discipline its
outstanding capital stock, or to both or
Members for
“separately to each class of shares, Disorderly Behavior
whether common, preferred non-voting,
preferred voting or any class of shares?” Municipality of
Victorias v. CA G.R.
Explain your answer. (5%)
No. L-31189 March
31, 1987 Sale,
SUGGESTED ANSWER Delivery of the thing
Sold, Torrens Title,
The term “capital” mentioned in Section Proof of Ownership

11, Article XII of the Constitution refers to

Cosco Philippines
the total outstanding capital stock of
Inc. v. Kemper
public utilities. The requirement that at Insurance Co., G.R.
least sixty percent of the capital must be No. 179488, April 23,
2012 Veri cation and
owned by Filipino citizens applies
Certi cation Against
separately to each class of shares, whether
Forum Shopping
common, preferred, non-voting,
preferred voting, or any class of shares. THE MANILA HOTEL

Mere legal title is not enough. Full CORP. AND MANILA

HOTEL INTL. LTD.
bene cial ownership of sixty percent of
vs. NLRC GR. No.
the outstanding capital stock is required 120077 October 13,
(Gamboa v. Teves, G.R. 176579, June 28, 2000 Forum Non
2011, 652 SCRA 690). Conveniens,
Con icts of Law, Lex
Loci Contractus
III.

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A law converted the component city of

Malumanay, Laguna into a highly
urbanized city. The Local Government
Code (LGC) provides that the conversion
“shall take e ect only after it is approved
by the majority of votes cast in a plebiscite
to be held in the political units directly
a ected.” Before the COMELEC, Mayor
Xenon of Malumanay City insists that only
the registered voters of the city should
vote in the plebiscite because the city is
the only political unit directly a ected by
the conversion. Governor Yuri asserts that
all the registered voters of the entire
province of Laguna should participate in
the plebiscite, because when the LGC
speaks of the “quali ed voters therein,” it
means all the voters of all the political
units a ected by such conversion, and
that includes all the voters of the entire
province. He argues that the income,
population and area of Laguna will reduce.
Who, between Mayor Xenon and Governor
Yuri, is correct? Explain your answer.
(5%)

SUGGESTED ANSWER

Governor Yuri is correct. All the registered

voters of the Province of Laguna should be
included in the plebiscite. The conversion
of the City of Malumanay into a highly
urbanized city will adversely a ect the
Province of Laguna and its residents. The
territory of the Province of Laguna will be
reduced. Its share in the internal revenue

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allotment will be reduced, because the

population and land area are included as
basis for determining its share. Once the
City of Malumanay becomes a highly
urbanized city, the Province of Laguna
will no longer share in the taxes collected
by the City of Malumanay. The City of
Malumanay will be under the supervision
of the President instead of the Province of
Laguna. Decisions of the City of
Malumanay in administrative cases
involving barangay o cials will no longer
be appealable to the Sangguniang
Panlalawigan. The registered voters of the
City of Malumanay will no longer be
entitled to vote for provincial o cials. To
limit the plebiscite to the voters of the City
of Malumanay would nullify the principle
of majority rule (Umali v. Commission on
Elections, G.R. No. 203974. April 22,
2014,723 SCRA 170).

IV.

Several concerned residents of the areas

fronting Manila Bay, among them a group
of students who are minors, led a suit
against the Metro Manila Development
Authority (MMDA), the Department of
Environment and Natural Resources
(DENR), the Department of Health (DOH),
the Department of Agriculture (DA), the
Department of Education (DepEd), the
Department of Interior and Local
Government (DILG), and a number of
other executive agencies, asking the court

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to order them to perform their duties

relating to the cleanup, rehabilitation and
protection of Manila Bay. The complaint
alleges that the continued neglect by
defendants and their failure to prevent
and abate pollution in Manila Bay
constitute a violation of the petitioners’
constitutional right to life, health and a
balanced ecology.

(A) If the defendants assert that the

students/petitioners who are minors

do not have locus standi to le the action,

is the assertion correct? Explain your
answer. (2.5%)

(B) In its decision which attained nality,

the Court ordered the defendants to clean
up, rehabilitate and sanitize Manila Bay
within eighteen (18) months, and to
submit to the Court periodic reports of
their accomplishment, so that the Court
can monitor and oversee the activities
undertaken by the agencies in compliance
with the Court’s directives. Subsequently,
a resolution was issued extending the
time periods within which the agencies
should comply with the directives covered
by the nal decision. A view was raised
that the Court’s continued intervention
after the cases has been decided violates
the doctrine of separation of powers
considering that the government agencies
all belong to the Executive Department

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and are under the control of the President.

Is this contention correct? Why or why
not? (2.5%)

SUGGESTED ANSWER

(A) The assertion that the

students/petitioners who are minors have
no locus standi is erroneous. Pursuant to
the obligation of the State under Section
16, Article ll of the Constitution to protect
and advance the right of the people to a
balanced and healthful ecology in accord
with the rhythm and harmony of nature,
minors have standing to sue based on the
concept of intergenerational
responsibility (Oposa v. Factoran, G.R. No.
101083, July 30, 1993, 224 SCRA 792).

(B) The order of the Supreme Court to the

defendants to clean up, rehabilitate and
sanitize Manila Bay is an exercise of
judicial power, because the execution of
its decision is an integral part of its
adjudicative function. Since the
submission of periodic reports is needed
to fully implement the decision, the
Supreme Court can issue a continuing writ
of mandamus to the Metropolitan Manila
Development Authority until full
compliance with its order is shown
(Metropolitan Manila Development
Authority v. Concerned Residents of
Manila Bay, G.R. Nos. 171947-48,
February 15, 2011, 643 SCRA 90).

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V.

Section 8 of P.D. No. 910, entitled

“Creating an Energy Development Board,
de ning its powers and functions,
providing funds therefor and for other
purposes,” provides that: “All fees,
revenues and receipts of the Board from
any and all sources x x x shall form part of
a Special Fund to be used to nance
energy resource development and
exploitation programs and projects of the
government and for such other purposes
as may be hereafter directed by the
President.”

The Malampaya NGO contends that the

provision constitutes an undue delegation
of legislative power since the phrase “and
for such other purposes as may be
hereafter directed by the President” gives
the President unbridled discretion to
determine the purpose for which the
funds will be used. On the other hand, the
government urges the application of
ejusdem generis.

(A) Explain the “completeness test” and

“su cient standard test.” (2.5%)

(B) Does the assailed portion of section 8

of PD 910 hurdle the two (2) tests? (2.5%)

SUGGESTED ANSWER

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(A) The completeness test means that the

law sets forth the policy to be executed,
carried out or implemented by the
delegate (Abakada Guro Party List v.
Ermita, G.R. No. 168056, October 18, 2005,
469 SCRA 1). The “su cient standard
test” means the law lays down adequate
guidelines or limitations to map out the
boundaries of the authority of the
delegate and prevent the delegate from
running riot. The standard must specify
the limits of the authority of the delegate,
announce the legislative policy and
identify the condition under which it is to
be implemented (Abakada Guro Party List
v. Ermita, G.R. No. 168056, October 18,
2005, 469 SCRA 1).

(B) The assailed portion of Presidential

Decree No. 910 does not satisfy the two
tests. The phrase “and for such other
purposes as may be hereafter directed by
the President” gives the President
unbridled discretion to determine the
purpose for which the funds will be used.
An infrastructure is any basic facility
needed by society. The power to
determine what kind of infrastructure to
prioritize and fund is a power to
determine the purpose of the
appropriation and is an undue delegation
of the power to appropriate (Belgica v.
Ochoa, Jr., G.R. No. 208566, November 19,
2013, 710 SCRA 1).

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The assailed provision does not fail under

the principle of ejusdem generis. First, the
phrase “energy resource development and
exploitation programs and projects of the
government states a singular and general
class. Second, it exhausts the class it
represents (Belgica v Ochoa, Jr., G.R. No.
208566, November 19, 2013, 710 SCRA 1).

VI.

Pornographic materials in the form of

tabloids, magazines and other printed
materials, proliferate and are being sold
openly in the streets of Masaya City. The
city Mayor organized a task force which
con scated these materials. He then
ordered that the materials be burned in
public. Dominador, publisher of the
magazine, “Plaything”, led a suit,
raising the following constitutional
issues: (a) the con scation of the
materials constituted an illegal search and
seizure, because the same was done
without a valid search warrant; and (b) the
con scation, as well as the proposed
destruction of the materials, is a denial of
the right to disseminate information, and
thus, violates the constitutional right to
freedom of expression. Is either or both
contentions proper? Explain your answer.
(5%)

SUGGESTED ANSWER

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(a) The con scation of the materials

constituted an illegal search and seizure,
because it was done without a valid search
warrant. It cannot be justi ed as a valid
warrantless search and seizure, because
such search and seizure must have been
an incident of a lawful arrest. There was
no lawful arrest (Pita v. Court of Appeals,
G.R. No. 80806, October 5, 1989, 178 SCRA
362).

(b) The argument of Dominador that

pornographic materials are

protected by the constitutional right to

freedom of expression is erroneous.
Obscenity is not protected expression
(Fernando v. Court of Appeals, G.R. No.
159751, December 6, 2006, 510 SCRA 351).
Section 2 of Presidential Decree No. 969
requires the forfeiture and destruction of
pornographic materials (Nograles v.
People, G.R. No. 191080, November 21,
2011, 660 SCRA 475).

VII.

Ernesto, a minor, while driving a motor

vehicle, was stopped at a mobile
checkpoint. Noticing that Ernesto is a
minor, SPO1 Jojo asked Ernesto to exhibit
his driver’s license but Ernesto failed to
produce it. SPO1 Jojo requested Ernesto to
alight from the vehicle and the latter
acceded. Upon observing a bulge in the

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pants of Ernesto, the policeman frisked

him and found an unlicensed .22-caliber
pistol inside Ernesto’s right pocket.
Ernesto was arrested, detained and
charged. At the trial, Ernesto, through his
lawyer, argued that, policemen at mobile
checkpoints are empowered to conduct
nothing more than a “visual search”.
They cannot order the persons riding the
vehicle to alight. They cannot frisk, or
conduct a body search of the driver or the
passengers of the vehicle.

Ernesto’s lawyer thus posited that:

(A) The search conducted in violation of

the Constitution and established
jurisprudence was an illegal search; thus,
the gun which was seized in the course of
an illegal search is the “fruit of the
poisonous tree” and is inadmissible in
evidence. (2.5%)

(B) The arrest made as a consequence of

the invalid search was likewise

illegal, because an unlawful act (the

search) cannot be made the basis of a
lawful arrest. (2.5%)

Rule on the correctness of the foregoing

arguments, with reasons.

SUGGESTED ANSWER

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(A) The warrantless search of motor

vehicles at checkpoints should be

limited to a visual search. Its occupants

should not be subjected to a body search
(Aniag, Jr. v. Commission on Elections,
G.R. No. 104961, October 7, 1994, 237
SCRA 424). The “stop and frisk rule”
applies when a police o cer observes
suspicious activity or unusual activity
which may lead him to believe that a
criminal act may be afoot. The “stop and
frisk” is merely a limited protective
search of outer clothing for weapons (Luz
v. People, G.R. No. 197788, February 29,
2012, 667 SCRA 421),

(B) Since there was no valid warrantless

search, the warrantless search was also
illegal. The unlicensed .22 caliber pistol is
inadmissible in evidence (Luz v. People,
G.R. No. 197788, February 29, 2012, 667
SCRA 421).

VIII.

A law is passed intended to protect women

and children from all forms of violence.
When a woman perceives an act to be an
act of violence or a threat of violence
against her, she may apply for a Barangay
Protection Order (BPO) to be issued by the
Barangay Chairman, which shall have the
force and e ect of law. Conrado, against
whom a BPO had been issued on petition
of his wife, went to court to challenge the

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constitutionality of the law. He raises the

following grounds:

(A) The law violates the equal protection

clause, 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.
(2.5%)

(B) The grant of authority to the Barangay

Chairman to issue a Barangay Protection
Order (BPO) constitutes an undue
delegation of judicial power, because
obviously, the issuance of the BPO entails
the exercise of judicial power. (2.5%)

Rule on the validity of the grounds raised

by Conrado, with reasons.

SUGGESTED ANSWER

(A) The law does not violate the equal

protection clause. It is based on
substantial distinctions. The unequal
power relationship between women and
men, the greater likelihood for women
than men to be victims of violence, and
the widespread gender bias and prejudice
against women all make for real
di erences (Garcia v. Drilon, G.R. No.
179267, June 25, 2013, 699 SCRA 352).

(B) The grant of authority to the Barangay

Chairman to issue a Barangay
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Protection Order is a purely executive

function pursuant to his duty to enforce
all laws and ordinances and to maintain
public order (Garcia v. Drilon, G.R. No.
179267, June 25, 2013,599 SCRA 352).

IX

The Government, through Secretary

Toogoody of the Department of
Transportation (DOTr), led a complaint
for eminent domain to acquire a 1,000-
hectare property in Bulacan, owned by
Baldomero. The court granted the
expropriation, xed the amount of just
compensation, and installed the
Government in full possession of the
property.

(A) If the Government does not

immediately pay the amount xed by the
court as just compensation, can
Baldomero successfully demand the
return of the property to him? Explain
your answer. (2.5%)

(B) If the Government paid full

compensation but after two years it
abandoned its plan to build an airport on
the property, can Baldomero compel the
Government to re-sell the property back
to him? Explain your answer. (2.5%)

SUGGESTED ANSWER

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(A) If the government does not pay

Baldomero the just compensation

immediately, he cannot demand the

return of the property to him. Instead,
legal interest should be paid from the time
of taking of the property until actual
payment in full (Republic v. Court of
Appeals, G.R. No. 146587, July 2, 2002, 383
SCRA 611).

(B) With respect to the element of public

use, the expropriator should commit to
use the property for the purpose stated in
the petition. If not, it is incumbent upon it
to return the property to the owner, if the
owner desires to reacquire it. Otherwise,
the judgment of expropriation will lack
the element of public use. The owner will
be denied due process and the judgment
will violate his right to justice (Mactan-
Cebu Airport Authority v. Lozada, Sr., G.R.
No. 176625, February 25, 2010, 613 SCRA
618). If the just compensation was not
paid within 5 years from nality of
judgment, the owner is entitled to recover
the property (Republic v. Lim, G.R. No.
161656, June 29, 2005, 462 SCRA 265).

X.

The Philippines entered into an

international agreement with members of
the international community creating the
International Economic Organization
(IEO) which will serve as a forum to

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address economic issues between States,

create standards, encourage greater
volume of trade between its members, and
settle economic disputes. After the
Philippine President signed the
agreement, the Philippine Senate
demanded that the international
agreement be submitted to it for its
rati cation. The President refused,
arguing that it is an executive agreement
that merely created an international
organization and it dwells mainly on
addressing economic issues among States.

Is the international agreement creating

the IEO a treaty or an executive
agreement? Explain. (5%)

SUGGESTED ANSWER

The agreement creating the International

Economic Organization (IEC) is an
executive agreement and not a treaty. In
Section 21, Article VIl is the only provision
of the Constitution which de nes a
“treaty or international agreement” as
valid and e ective law by reason of
concurrence of the Senate. However, it is
the intendment of the Constitution that
such “treaty or international agreement”
does not include executive agreement
which therefore is excluded from the
Senate’s authority of concurrence over
treaties.

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This constitutional intent is expressed in

the proceedings of the Constitutional
Commission in its awareness that at the
time the power of the President to
conclude executive agreement was clearly
recognized by at least decisions of the
Supreme Court establishing the principle
that the President’s power includes
conclusion of executive agreements which
are valid without need of Senate
concurrence. Hence, logically the Treaty
Clause in Section 21, Article VII is to be
interpreted as excluding executive
agreement (Commissioner of Customs v.
Eastern Sea Trading, G.R. No. L-14279,
October 31, 1961, 3 SCRA 351; USAFFE
Veterans Association v. Treasurer, G.R. No.
L-10500, June 30, 1959, 105 Phil. 1030).

Moreover, as the Supreme Court has

pointed out in Pimentel v. O ce of the
Executive Secretary (G.R. No. 158088, July
6, 2005, 462 SCRA 622), the President has
the sole power to ratify treaties. The
Senate may be able to exercise its
authority of concurrence only if the
President transmits the instrument of
rati cation by which he accepts the terms
agreed on by his diplomatic negotiators of
the proposed treaty in question, together
with the text of the proposed treaty, with
the request addressed to the Senate
President to ratify such proposed treaty as
requested by the President. It is only on
the basis of the authority of the President

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to ratify treaties that the Senate may act in

concurrence under the Treaty clause of
the Constitution.

XI.

The USS Liberty, a warship of the United

States (U.S.), entered Philippine
archipelagic waters on its way to
Australia. Because of the negligence of the
naval o cials on board, the vessel ran
aground o the island of Palawan,
damaging coral reefs and other marine
resources in the area. O cials of Palawan
led a suit for damages against the naval
o cials for their negligence, and against
the U.S., based on Articles 30 and 31 of the
United Nations Convention on the Law of
the Sea (UNCLOS). Article 31 provides that
the Flag State shall bear international
responsibility for any loss or damage to
the Coastal State resulting from
noncompliance by a warship with the laws
and regulations of the coastal State
concerning passage through the territorial
sea. The U.S. Government raised the
defenses that:

(A) The Philippine courts cannot exercise

jurisdiction over another sovereign State,
including its warship and naval o cials.
(2.5%).

(B) The United States is not a signatory to

UNCLOS and thus cannot be bound by its
provisions. (2.5%)

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Rule on the validity of the defenses raised

by the U.S., with reasons.

SUGGESTED ANSWER

The defenses raised by the U.S.

Government are not valid.

(A) This defense relies on sovereign

immunity from suit as advanced by the
U.S. Government. But the suit led by the
O cials of Palawan draws its strength
from Article 30 and 31 of the UN
Convention on the Law of the Sea
(UNCLOS).

However, the U.S. defense is defeated by

the UNCLOS through the application of
Article 32 which provides:

“With such exceptions as are contained in

sub-section A and in Articles 30 and 31,
nothing in this Convention a ects the
immunities of warships and other
government ships operated for non-
commercial purposes. (emphasis added]”

In reality the supreme relevance of Article

32 quoted above is actualized by quoting
an existing U.S. government document
sourced from Dispatch Supplement, Law
of the Sea Convention: Letters of
Transmittal and Submittal and
Commentary, as follows:

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“Article 32 provides, in e ect that the only

rules in the Convention derogating from
the immunities of warships and
government ships operated for non-
government purposes are those found in
Articles 17-26, 30 and 31 (February 1995,
Vol. 6, Supplement No. 1 p. 12).

(8) The U.S. Government turns to the

defense that it is not bound by the
UNCLOS for the reason that it is not a
State Party or a signatory.

However, to be bound by the principle, it

does not have to be a party to a treaty or
convention. If it has the normative status
of a customary norm of international law,
it is binding on all states. This appears to
be the holding of the principle of
immunity of warship in question, as
upheld by the U.S.

Government in the document cited above

(Ibid., at p. 17). It states from the UNCLOS,
thus:

The Convention protects and strengthens

the key principle of sovereign immunity
for war-ships…Although not a new
concept, sovereign immunity is a
principle or of vital importance to the
United States. The Convention provides
for a universally recognized formulation
of this principle… Article 32 provides that,
with such exceptions as are contained in
subsection A and in Articles 30 and 31…

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nothing in the Convention a ects the

immunities of warships…

XII.

Paragraphs c, d and f of Section 36 of

Republic Act No. 9165 provide:

“Sec. 36. Authorized drug testing. x x x

The following shall be subjected to
undergo drug testing: X X X C. Students of
secondary and tertiary schools x x x; d.
O cers and employees of public and
private o ces x x x;

All persons charged before the

prosecutor’s o ce with a criminal o ense
having an imposable imprisonment of not
less than 6 years and 1 day;”

Petitioners contend that the assailed

portions of Sec. 36 are unconstitutional
for violating the right to privacy, the right
against unreasonable searches and
seizures and the equal protection clause.
Decide if the assailed provisions are
unconstitutional. (5%)

SUGGESTED ANSWER

The drug testing of students of secondary

and tertiary schools is valid. Deterring
their use of drugs by random drug testing
is as important as enhancing e cient
enforcement.

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Random drug testing of o cers and

employees of public and private o ces is
justi able. Their expectation of privacy in
o ce is reduced. The drug tests and
results are kept con dential. Random
drug testing is a e ective way of deterring
drug use and is reasonable.

Public o cials and employees are

required by the Constitution to be
accountable at all times to the people and
to serve them with utmost responsibility
and e ciency.

The mandatory testing of all persons

charged before the prosecutor’s o ce of a
criminal o ense punishable with
imprisonment of at least six years and one
day is void. They are not randomly picked
and are not beyond suspicions. They do
not consent to the procedure or waive
their right to privacy (Social Justice
Society v. Dangerous Drugs Board, G.R.
Nos. 157870, 158633 & 161658, November
3, 2008, 570 SCRA 410).

XIII

While Congress was not in session, the

President appointed Antero as Secretary
of the Department of Tourism (DOT),
Benito as Commissioner the Bureau of
Immigration (BI), Clodualdo as Chairman
of the Civil Service Commission (CSC),
Dexter as Chairman of the Commission on
Human Rights (CHR), and Emmanuel as

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Philippine Ambassador to Cameroon. The

following day, all the appointees took
their oath before the President, and
commenced to perform the functions of
their respective o ces.

(A) Characterize the appointments,

whether permanent or temporary; and
whether regular or interim, with reasons.
(2.5%).

(B) A civil society group, the Volunteers

Against Misguided Politics (VAMP), les
suit, contesting the legality of the acts of
the appointees and claiming that the
appointees should not have entered into
the performance of the functions of their
respective o ces, because their
appointments had not yet been con rmed
by the Commission on Appointments. Is
this claim of VAMP correct? Why or why
not? (2.5%)

SUGGESTED ANSWER

(A)

1.The appointment of Antero as Secretary

of Tourism is ad interim, because it is
subject to con rmation of the
Commission on Appointments and was
made while Congress was not in session.
He can start performing his duties upon
his acceptance, because it is permanent
and cannot be withdrawn after its

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acceptance (Matibag v. Benipayo, G.R. No.

149036, April 2. 2002, 380 SCRA 49).

2. The appointment of Benito as

Commissioner of the Bureau of

Immigration is regular and permanent. It

is not required to be con rmed by the
Commission on Appointments. He can
start performing his duties upon
acceptance of the appointment (Section
16, Article Vll of the Constitution).

3. The appointment of Clodualdo as

Chairman of the Civil Service
Commission is ad interim, because it
is subject to con rmation by the
Commission on Appointments and
was made while Congress was not in
session. He can start performing his
duties upon his acceptance of the
appointment, because it is
permanent and cannot be withdrawn.

4. The appointment of Dexter as

Chairman of the Commission on
Human Rights is regular and
permanent upon his acceptance. It is
not required to be con rmed by the
Commission on Appointments. He
can start performing his duties upon
his acceptance (Bautista v. Salonga,
G.R. No. 86439, April 13, 1989, 172
SCRA 160).

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5. The appointment of Emmanuel as

Ambassador to Cameroon is ad
interim, because it is subject to
con rmation by the Commission on
Appointment (Section 16, Article Vll
of the Constitution).

(B) The claim of VAMP is not correct. The

Commissioner of the Bureau of
Immigration and the Chairman of the
Commission on Human Rights can
immediately start performing their
functions upon acceptance since they are
not required to be con rmed. The
Secretary of the Department of Tourism
and the Chairman of the Civil Service
Commission, can immediately start
performing their duties upon acceptance,
since their ad interim appointment is
permanent.

XIV.

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 American citizenship in 2001. In
2015, the couple and their children-
Alfred, 21 years of age, Robert, 16, and
Marie, 14, who were all worn in the U.S.-
returned to the Philippines on June 1,
2015, informed that he could reacquire
Philippine citizenship without losing his

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American citizenship, Onofre went home

to the Philippines and took the oath of
allegiance prescribed under R.A. No. 9225.
On October 28, 2015, he led Certi cate of
Candidacy to run in the May 9, 2016
elections for the position of Congressman
in his home province of Palawan, running
against re-electionist Congressman
Profundo.

(A) Did Onofre’s reacquisition of

Philippine citizenship bene t his wife,
Salvacion, and their minor children and
confer upon them Filipino citizenship?
Explain your answer. (2.5%)

(B) Before the May 9, 2016 elections,

Profundo’s lawyer led a Petition to Deny
Due Course or to Cancel the Certi cate of
Candidacy against Onofre. What grounds
can he raise in his Petition to support it?
Explain your answer. (2.5%)

SUGGESTED ANSWER

(A) The reacquisition of Philippine

citizenship by Onofre did not
automatically make his American wife,
Salvacion, a Filipino citizen. Nowhere
does Republic Act No. 9228 provide that
the foreign wife of a former Filipino
citizen who reacquired his Filipino
citizenship will automatically become a
Filipino citizen.

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Robert, who is 16 years old, and Marie,

who is 14 years old, also became Filipino
citizens. The unmarried children below
eighteen (18) years of age, of those who
reacquire Philippine citizenship are also
deemed citizens of the Philippines
(Section 4 of Republic Act No. 9225).

(B) The lawyer of Congressman Profundo

can ask for the cancellation of the
certi cate of candidacy on the ground that
he did not execute an a davit renouncing
his American citizenship as required by
Section 5(2) of Republic Act No. 9225 and
he lacked one-year residence in the
Philippines as required by Section 6,
Article VI of the Constitution.

XV

Congress passed a bill appropriating

P100-billion. Part of the money is to be
used for the purchase of a 200-hectare
property in Antipolo. The rest shall be
spent for the development of the area and
the construction of the Universal Temple
for all the World’s Faiths (UTAW-F).
When completed, the site will be open,
free of charge, to all religions, beliefs, and
faiths, where each devotee or believer
shall be accommodated and treated in a
fair and equal manner, without
distinction, favor, or prejudice. There will
also be individual segments or zones in
the area which can be used for the conduct
of whatever rituals, services, sacraments,

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or ceremonials that may be required by

the customs or practices of each particular
religion. The President approved the bill,
happy in the thought that this could start
the healing process of our wounded
country and encourage people of varied
and often con icting faiths to live
together in harmony and in peace.

If the law is questioned in the ground that

it violates Sec. 5, Article Il of the
Constitution that “no law shall be made
respecting an establishment of religion or
prohibiting the free exercise thereof,”
how will you resolve the challenge?
Explain. (5%)

SUGGESTED ANSWER

The contention must be rejected. The use

of the site temple will not be limited a
particular religious sect. It will be made
available to all religious sects. The
temporary use of public property for
religious purposes without discrimination
does not violate the Constitution (Ignacio
v. De la Cruz, No. L-6858, May 31, 1956,
99 Phil. 346; People v. Fernandez, 40 O.G.
1089 [1956]).

ALTERNATIVE SUGGESTED ANSWER

The contention is meritorious. The state

cannot pass laws which aid one religion,
all religions, or prefer one religion over

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another (Emerson v. Board of Education,

330 U.S.A. 1[1947]).

NOTE: It is recommended that both

answers be accepted as correct and be
given full credit.

XVI

Jojo led a criminal complaint against Art

for theft of a backpack worth P150.00 with
the O ce of the City Prosecutory of
Manila. The crime is punishable with
arresto mayor to prision correccional in
its minimum period, or not to exceed 4
years and 2 months. The case was
assigned to Prosecutor Tristan and he
applied Sec. 8(a) of Rule 112 which reads:
“(a) If led with the prosecutor. If the
complaint is led directly with the
prosecutor involving an o ense
punishable by imprisonment of less than
four (4) years, two (2) months and one (1)
day, the procedure outlined in Sec. 3(a) of
this Rule shall be observed. The
Prosecutor shall act on the complaint
within ten (10) days from its ling.” On
the other hand, Sec. 3(a) of Rule 112
provides: “(a) The complaint shall state
the address of the respondent and shall be
accompanied by a davits of the
complainant and his witnesses as well as
other supporting documents to establish
probable cause. X X X” Since Sec. 8(a)
authorizes the Prosecutor to decide the
complaint on the basis of the a davits

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and other supporting documents

submitted by the complainant, Prosecutor
Tristan did not notify Art nor require him
to submit a counter-a davit. He
proceeded to le the Information against
Art with the Metropolitan Trial Court. Art
vehemently assails Sec. 8(a) of Rule 112 as
unconstitutional and violative of due
process and his rights as an accused under
the Constitution for he was not informed
of the complaint nor was he given the
opportunity to raise his defenses thereto
before the information was led. Rule on
the constitutionality of Sec. 8(a) of Rule
112. Explain. (5%)

SUGGESTED ANSWER

The contention of Art is not meritorious.

The right to be informed of the complaint
and to be given the opportunity to raise
one’s defenses does not apply to
preliminary investigation. Preliminary
investigation is merely procedural. It may
be dispensed with without violating the
right of the accused to due process (Bustos
v. Lucero, G.R. No. 2068, October 20, 1948,
81 Phil. 640 (1948]).

XVII

(A) De ne the archipelagic doctrine of

national territory, state its ratio nale; and
explain how it is implemented through
the straight baseline method. (2.5%)

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(B) Section 2 of RA 9522 declared the

Kalayaan Island Group (KIG)

and Scarborough Shoal as “Regimes of

Islands.” Professor Agaton contends that
since the law did not enclose said islands,
then the Philippines lost its sovereignty
and jurisdiction over them. Is his
contention correct? Explain. (2.5%)

SUGGESTED ANSWER

(A) By the term “archipelagic doctrine of

national territory” is meant that the
islands and waters of the Philippine
archipelago are uni ed in sovereignty,
together with “all the territories over
which the Philippines has sovereignty or
jurisdiction.”

This archipelagic doctrine, so described

under Article 1 of the Constitution, draws
its rationale from the status of the whole
archipelago in sovereignty by which under
Part IV of the UNCLOS, the Philippines is
de ned as an Archipelagic State in Article
46, thus:

1. a) “archipelagic state” means a State

constituted wholly by one or more
archipelagos and may include other
islands; b) “archipelago” means a
group of islands including parts of
islands interconnecting waters and
other natural features which are so
closely interrelated that such islands

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waters and other natural features

form an intrinsic geographic,
economic and political entity, or
which historically have been
regarded as such.

As an archipelagic state, the national

territory is implemented by drawing its
“straight archipelagic baselines”
pursuant to Article 47 of the UNCLOS
which prescribes among its main
elements, as follows:

1. By “joining the outermost points of

the outermost islands and drying
reefs of the archipelago”, including
the main islands and an area in which
the ratio of the area of the water to
the land, including atolls, is between
1 to 1 and 9 to 1.
2. Mainly, the length of such baselines
“shall not exceed 100 nautical
lines…”
3. “The drawing of such baselines shall
not depart to any appreciable extent
from the general con guration of the
archipelago.”

(B) The contention Prof. Agaton is not

correct at all.

“Regime of islands” is a concept provided

in Article 121 of the UNCLOS. It is a
de nition of the island as “a naturally
formed area of land, surrounded by water
which is above water at high tide.” On the

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other hand, this provision, is

di erentiated from “rocks” which cannot
sustain human habitation of their own.
The importance of the di erence between
a natural island and rock is that an island
is provided with territorial sea, exclusive
economic zone and continental shelf,
whereas rocks have no exclusive economic
zone and continental shelf. This is the
di erence by which RA 9522 introduced
into the KIG and separately Panatag or
Scarborough Shoal is an island. “Regime
of Islands”, has no relevance to
acquisition or loss of sovereignty. RA 9522
has the e ect of possibly dividing the area
in question into island and rocks,
apparently to make clear for each the
maritime zones involved in the de nition
of island or of rocks.

XVIII

Sec. 8, Article X of the 1987 Constitution

provides that no elective o cial chall
serve for more than three (3) consecutive
terms. Rule and explain brie y the reason
if the o cial is prohibited to run for
another term in each of the following
situations: (a) if the o cial is a Vice-
Mayor who assumed the position of Mayor
for the unexpired term under the Local
Government Code; (b) if the o cials has
served for three consecutive terms and did
not seek a 4th term but who won in a
recall election; (c) if the position of Mayor
of a town is abolished due to conversion of

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the town to a city; (d) if the o cial is

preventively suspended during his term
but was exonerated; and (e) if the o cial
proclaimed as winner and assumes o ce
but loses in an election protest. (5%)

SUGGESTED ANSWER

1. a) In computing the three term limit,

only the term for which the local
o cial was elected should be
considered. The second sentence of
Section 8, Article X of the
Constitution states that the voluntary
renunciation shall not be considered
as interruption of the continuity of
the service for the full term for which
he was elected (Borja v. Commission
on Elections, G.R. No. 133495,
September 3, 1998, 295 SCRA 157).

1. b) A mayor who served three

consecutive terms and did not seek a
fourth term but ran and won in the
recall election can serve, because the
recall election was not an immediate
reelection (Socrates v. Commission
on Elections, G.R. Nos. 154512,
154683, 155083-84, November 12,
2002, 391 SCRA 547).

1. c) If a municipality in which a mayor

served for three consecutive terms
was converted to a city, he cannot
run as city mayor in the rst For
purposes of applying the three term

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limit, the o ce of the municipal

mayor should not be considered as
di erent from that of the city mayor
(Latasa v. Commission on Election,
G.R. No. 154829, December 10, 2003,
417 SCRA 601).
2. d) the temporary inability of an
elective o cial to exercise his
functions due to preventive
suspension is not an interruption of
his term, because it did not involve
loss of title to the o ce (Aldovino, Jr.
V. Commission on Elections, G.R. No.
184836, December 23, 2009, 609
SCRA 234).
3. e) If a candidate was proclaimed for
three consecutive terms but did not
serve it in full because of loss in an
election protest he is not disquali ed
(Lonzanida v. Commission on
Elections, G.R. No. 135150, July 28,
1999, 311 SCRA 602).

XIX

Fernando led an administrative

complaint against his co-teacher, Amelia,
claiming that the latter is living with a
married man who is not her husband.
Fernando charged Amelia with
committing “disgraceful and immoral
conduct” in violation of the Revised
Administrative Code and, thus, should not
be allowed to remain employed in the
government. Amelia, on the other hand,
claims that she and her partner are

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members of a religious sect that allows

members of the congregation who have
been abandoned by their respective
spouses to enter marital relations under a
“Declaration of Pleading Faithfulness.”
Having made such Declaration, she argues
that she cannot be charged with
committing immoral conduct for she is
entitled to free exercise of religion under
the Constitution.

(A) Is Amelia administratively liable?

State your reasons brie y. (2.5%)

(B) Brie y explain the concept of

“benevolent neutrality.” (2.5%)

SUGGESTED ANSWER

(A) Amelia is not administratively liable.

There is no compelling state interest that
justi es inhibiting the free exercise of
religious beliefs. The means used by the
government to achieve its legitimate
objective is not the least intrusive means
(Estrada v. Escritor, AM No. P-02-1651,
June 22, 2006, 492 SCRA 1).

(B) Benevolent neutrality means that with

respect to governmental actions,
accommodation of religion may be
permitted to allow individuals and groups
to exercise their religion without
hindrance. What is sought is not a
declaration of unconstitutionality of the
law but an exemption from its application

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(Estrada v. Escritor, AM No. P-02-1651,

June 22, 2006, 492 SCRA 1).

XX

Under Sec. 5, Article VIII of the

Constitution, the Supreme Court shall
have the power to “promulgate rules
concerning the protection and enforce.
ment of constitutional rights, pleading,
practice and procedure in all courts xxx.”
Section 23 of R.A. No. 9165 or the
Comprehensive Dangerous Drugs Act of
2002 provides that ” any person charged
under any provision of this Act regardless
of the imposable penalty shall not be
allowed to avail of the provision on plea-
bargaining.” Patricio, a user who was
charged with alleged sale of shabu but
who wants to enter a plea of guilty to a
charge of possession, questions the
constitutionality of Sec. 23 on the ground
that Congress encroached on the rule-
making power of the Supreme Court under
Sec. 5, Article VIII. He argues that plea-
bargaining is procedural in nature and is
within the exclusive constitutional power
of the Court. Is Patricio correct? Explain
your answer. (5%)

SUGGESTED ANSWER

Patricio is not correct. De ning the

penalty for a criminal o ense involves the
exercise of legislative power (People v.
Dacuycuy, G.R. No. L-45127, May 5,1989,

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173 SCRA 90). When Section 23 of the

Comprehensive Dangerous Drugs Act
prohibited plea-bargaining, Congress
de ned what should be the penalty for the
criminal o ense. The power of the
Supreme Court to promulgate rules of
procedure is subject to the limitation that
it should not modify substantive rights
(Section 5(5), Article VIII of the
Constitution).

 DECEMBER 27, 2018  PINAYJURIST

 BAR Q & A, CONSTITUTIONAL LAW, POLITICAL
LAW

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