Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. IV. The Municipality of Pinatukdao issued for damages arising from injuries sustained by
a pedestrian who was hit by aglass pane that fell from a dilapidatedwindow frame of the
municipal hall. Themunicipality files a motion to dismiss thecomplaint, invoking state
immunity fromsuit. Resolve the motion with reasons. (3%).
SUGGESTED ANSWER:State immunity as defense will notprosper because under
the law, amunicipal corporation can be sued andbe sued as expressly provided
under thelocal government code. Furthermore,under the civil code, it can also be
heldliable for damages for the death of, orinjury suffered by, any person by
reasonof the defective condition of roads,streets, bridges, public buildings
andother public works under their control orsupervision (art. 2189).In the present
case, the municipalbuilding is under their control andsupervision, thus, no immunity
fromsuit
2008
No. IV. Congress passed a law authorizingthe National Housing Authority (NHA) to
expropriate or acquire private property forthe redevelopment of slum areas, as well asto
lease or resell the property to privatedevelopers to carry out the redevelopmentplan.
Pursuant to the law, the NHAacquired all properties within a targetedbadly blighted area in
San Nicolas, Manilaexcept a well-maintained drug andconvenience store that poses no blight
orhealth problem itself. Thereafter, NHAinitiated expropriation proceedings againstthe store
owner who protested that hisproperty could not be taken because it isnot residential or slum
housing. He alsocontended that his property is beingcondemned for a private purpose, not a
public one, noting the NHAs sale of the
entire area except his property to a privateparty. If you were the judge, how would
youdecide the case? (6%).
SUGGESTED ANSWER:The power of the NHA is a delegatedpower of eminent
domain, strictlyconstrued against its holder and limitedto the public purpose of
redevelopmentof slum areas. The expropriation of aproperty already previously
excluded fornot posing a blight of health problemlacks public purpose and exceeds
thedelegated power of the NHA.
2009
No.XVII. Filipinas Computer Corporation(FCC), a local manufacturer of computersand
computer parts, owns a sprawlingplant in a 5,000-square meter lot in Pasig
City. To remedy the citys acute housing
shortage, compounded by a burgeoningpopulation, the Sangguniang Panglungsodauthorized the
City Mayor to negotiate forthe purchase of the lot. The Sanggunianintends to subdivide the
property into smallresidential lots to be distributed at cost toqualified city residents. But FCC
refused tosell the lot. Hard pressed to find a suitableproperty to house its homeless
residents,the city filed a complaint for eminentdomain against FCC.(a) If FCC hires you as
lawyer, what defenseor defenses would you set up in order toresist the expropriation of the
property?Explain.
SUGGESTED ANSWER:
The following are the defenses that I willset up:a.
2008
o.XVI. Nationwide protests have eruptedover rising gas prices, including
disruptivedemonstrations in many universities,throughout the country. The Metro
ManilaState University, a public university,adopted a university-wide circularprohibiting
public mass demonstrationsand rallies within the campus. Offended bythe circular, militant
students spread wordthat on the following Friday, all studentswere to wear black T-shirts as a
symbol oftheir protest both against high gas pricesand the university ban on
demonstrations. The effort was only moderately successful,with around 30% of the students
heedingthe call. Nonetheless, university officialswere outraged and compelled the
studentleaders to explain why they should not beexpelled for violating the circular
againstdemonstrations. The student leaders approached you forlegal advice. They
contended that theyshould not be expelled since they did notviolate the circular, their
protest actionbeing neither a demonstration nor a rallysince all they did was wear black Tshirts.What would you advise the students? (6%)
SUGGESTED ANSWER:The wearing of black shirts is an exerciseof freedom of
expression and notnecessarily freedom of assembly.Regardless of the distinction,
in bothcases, the Constitutional guarantyincludes freedom from prior restraintand
freedom from subsequent liability.There are three tests to determinewhether or
not there was validgovernment interference: (1) dangeroustendency rule; (2)
balancing of interesttest; and (3) clear and present dangertest. In the Philippine
jurisdiction, weadhere to the clear and present dangertest (ABS-CBN Broadcasting
Corp. vs.Comelec, G.R. No. 133486, Jan. 28,2000). This test simply means that thereis
clear and present danger of asubstantive evil which the State has theright to
prevent.Applying the clear and present dangertest, the protest conducted by
thestudents was only moderately successfuland the wearing of black shirts
wasneither tumultuous nor disruptive. Thus,the substantive evil which the
schoolauthorities were trying to suppress didnot even occur. Therefore,
theprohibition imposed by the circularviolates freedom from prior restraintwhile
the threat of expulsion by theschool authorities violates freedom fromsubsequent
liability.
(2010)
No. XIV. ABC operates an industrial wasteprocessing plant within Laoag City.Occasionally,
whenever fluid substancesare released through a nearby creek,obnoxious odor is emitted causing
dizzinessamong residents in Barangay La Paz. Oncomplaint of the Punong Barangay, the
CityMayor wrote ABC demanding that it abatethe nuisance. This was ignored. Aninvitation to
attend a hearing called by theSangguniang Panlungsod was also declinedby the president of
ABC. The citygovernment thereupon issued a cease anddesist order to stop the operations of
plant,prompting ABC to file a petition forinjunction before the RTC, arguing that thecity
government did not have any power toabate the alleged nuisance. Decide withreasons.(3%)
SUGGESTED ANSWER:The city government has no power tostop the operations of the
plant. Sinceits operations is not a nuisance per se,the city government cannot abate
itextrajudicially. A suit must be filed incourt. (AC Enterprises, Inc. vs.
FrabelleProperties Corporation, 506 SCRA 625[2006]).
No.VII. Batas Pambansa 880, the PublicAssembly Law of 1985, regulates theconduct of all
protest rallies in thePhilippines.(a) Salakay, Bayan! held a protest rally andplanned to march
from Quezon City toLuneta in Manila. They received a permitfrom the Mayor of Quezon City,
but notfrom the Mayor of Manila. They were able tomarch in Quezon City and up to
theboundary separating it from the City ofManila. Three meters after crossing theboundary,
the Manila Police stopped themfor posing a danger to public safety. Wasthis a valid exercise
of police power?
SUGGESTED ANSWER:
Yes, the authorities are given the powerto stop marchers who do not possess
apermit. However, mere exercise of theright to peaceably assemble is
notconsidered as a danger to public safety.They could have been asked to
dispersepeacefully, but it should not altogetherbe characterized as posing a
danger topublic safety. (Bayan v. Ermita, G.R. No.169848, April 25, 2006; David v.
Arroyo,G.R. No. 171390, May 3, 2006).ALTERNATIVE ANSWER:Since the protesters
merely reachedthree meters beyond the boundary ofQuezon City, the police
authorities inManila should not have stopped them, asthere was no clear and
present danger topublic order. In accordance with thepolicy of maximum
tolerance, the policeauthorities should have asked theprotesters to disperse and
if theyrefused, the public assembly may bedispersed peacefully.
(b) The security police of the SouthernLuzon Expressway spotted a caravan of 20vehicles,
with paper banners taped on theirsides and protesting graft and corruption ingovernment.
They were driving at 50kilometers per hour in a 40-90 kilometersper hour zone. Some
banners had beenblown off by the wind, and posed a hazardto other motorists. They were
stopped bythe security police. The protesters thenproceeded to march instead,
sandwichedbetween the caravan vehicles. They werealso stopped by the security force. May
thesecurity police validly stop the vehicles andthe marchers?
SUGGESTED ANSWER:Yes, the security police may stop thevehicles and the marchers
but only toadvise the leaders to secure theirbanners so that it will not pose a
hazardto others. They may not be preventedfrom heading to their destination.
Themarchers may also be ordered to ride thevehicles so as not to
inconvenienceother uses of the Expressway.ALTERNATIVE ANSWER:Yes. While the
protesters possess theright to freely express themselves, theiractuations may
pose a safety risk toother motorists and therefore be thesubject of regulation.
The security policemay undertake measures to prevent anyhazard to other
motorists but notaltogether prevent the exercise of theright. So, to that extent,
while theprotesters maybe asked to remove thebanners which pose hazard to
othermotorists and prevent them from usingthe expressway as a venue for
theirmarch, the security force may notprevent them from proceeding to
wherethey might want to go.
No.XII.. The Mayor of San Jose Cityappointed his wife, Amelia, as
City Treasurer from among three (3) employeesof the city considered for the said
position.Prior to said promotion, Amelia had beenan Assistant City Treasurer for ten
(10) years, that is, even before she married theCity Mayor. Should the Civil
ServiceCommission approve the promotionalappointment of Amelia? Why or why not?
SUGGESTED ANSWER:The Civil Service Commission shoulddisapproved the
promotionalappointment if at the time ofappointment Amelia is already marriedto the
appointing authority, the Mayor,because it violates the rule on nepotismwhich
prohibits the appointment ofrelatives by consanguinity or affinitywithin the third
degree of the appointingauthority in public office. This is toensure that entrance
to public officeshould be based on merits and fitness.The rule on nepotism also
extends topromotional appointment.However, if at the time of appoint theMayor
and Amelia is not yet married and
thereafter married each other, thepromotional appointment should remainas
valid appointment.
2012
No. VII. Mayor Pink is eyeing re-election inthe next mayoralty race. It was
commonknowledge in the town that Mayor Pink willrun for re-election in the coming
elections. The deadline for filing of Certificate ofCandidacy (CoC) is on March 23 and
thecampaign period commences the followingday. One month before the deadline, Pinkhas
yet to file her CoC, but she has beengoing around town giving away sacks of ricewith the
words "Mahal Tayo ni Mayor Pink"printed on them, holding public gatheringsand speaking
about how good the town isdoing, giving away pink t-shirts with "KayMayor Pink Ako" printed
on them.
(a) Mr. Green is the political opponent ofMayor Pink. In April, noticing that MayorPink had
gained advantage over himbecause of her activities before thecampaign period, he filed a
petition todisqualify Mayor Pink for engaging in anelection campaign outside the
designatedperiod.a.1. Which is the correct body to rule on thematter? Comelec en banc, or
Comelecdivision? Answer with reasons. (2%)
SUGGESTED ANSWER:It is the Commission on elections enbanc which should
decide the petition.Since it involves the exercise of theadministrative powers of
theCommission on Elections, Section 3,Article IX-C of the Constitution is
notapplicable. (Baytan vs. Commission onElections, 396 SCRA 703.)
a.2. Rule on the petition. (5%)
SUGGESTED ANSWER:The petition should be denied. UnderSection 80 of the Omnibus
ElectionCode, to be liable for prematurecampaigning he must be a
candidate.Unless he filed his certificate ofcandidacy, he is not a candidate.
(Lanotvs. Commission on Elections, 507 SCRA114.)
(b) Distinguish briefly between QuoWarranto in elective office and QuoWarranto in
appointive office. (3%)
SUGGESTED ANSWER:In quo warranto in elective office, theissue is the
ineligibility of the electedcandidate. (Section 3(e), Rule 1, Rules ofProcedure in
Election Cases.) If he isineligible, the candidate who got thesecond highest
number of votes cannotbe proclaimed elected. (Sinsuat vs.Commission on Elections,
492 SCRA264.) A voter may file a petition for quowarranto against an elected
candidate.The petition should be filed within tendays after the proclamation of
theelected candidate.In quo warranto in appointive office, theissue is the legality
of the appointment.The court will decide who betweenthe parties has the legal
title to theoffice. (Nachura, Outline Reviewer inPolitical Law, p.567.)It is the
Solicitor General, a publicprosecutor, or a person claiming to beentitled to the
public office can file apetition for quo warranto against anappointive official.
(Section 2 and 5,Rule 66 of the Rules of Court.) ThePetition should be filed within
one yearafter the cause of action accrued.(Section 11, Rule 66 of the Rules
ofCourt.)2012
2010
o. XVII. During his campaign sortie inBarangay Salamanca, Mayor Galicia wasarrested at a
PNP checkpoint for carryinghigh-powered firearms in his car. He wascharged and convicted
for violation of theCOMELEC gun ban. He did not appeal hisconviction and instead
applied for executiveclemency. Acting on the favorablerecommendation of the Board of
Pardonsand Parole, the President granted himpardon. Is he eligible to run against for
anelective position?. Explain Briefly. (5%)
SUGGESTED ANSWER:Mayor Galicia can run again for anelective office but not
immediately.Under Section 40 of the LocalGovernment Code, he cannot run for
anelective office within two (2) years afterserving sentence. Under Section 12
ofthe Omnibus Election Code, he can runfor an elective national office after
theexpiration of five (5) years from hisservice of sentence. The pardon grantedto him is
invalid. The offense involved aviolation of the Omnibus Election Codeand the pardon was
granted without thefavorable recommendation of theCommission on Elections. (Section
5,Article IX-C of the Constitution).ALTERNATIVE ANSWER:No. Galicia is not eligible to
run for anelective position because the executiveclemency is not valid and
effectivebecause it was granted withconstitutional infirmity. TheConstitution
requires recommendationfrom the COMELEC before the Presidentmay grant executive
clemency foroffenses violating election laws.
2008
No.X. The 1
st
The candidate who received the highestnumber of votes in the recall willsucceed
Governor Diy (Section 72 of theLocal Government Code).
(b) Can Governor Diy run again as governorin the next election?
SUGGESTED ANSWER:Yes, because recall election is aninterruption of the
consecutiveness ofthe term of office it cannot be counted.A recall election is a midway electionand the term is not completed when oneis conducted. The third term of
GovernorDiy should not be included in computingthe the=ree-term limit.
(Lonzanida vs.Commission on Elections, 311 SCRA 602[1999]).
(c) Can Governor Diy refuse to run in therecall election and instead resign from hisposition
as governor?
SUGGESTED ANSWER:Governor Diy cannot refuse to run in therecall election. He is
automaticallyconsidered as a duly registeredcandidate. (Section 71,
LocalGovernment Code).
2008
No XI. On august 8, 2008, the Governor ofBohol died and Vice-Governor Cesarsucceeded
him by operation of law.Accordingly, Benito, the highest rankingmember of the Sangguniang
Panlalawiganwas elevated to the position of Vice-Governor. By the elevation of Benito to
theOffice of Vice-Governor, a vacancy in theSangguniang Panlalawigan was created.How
should the vacancy be filled?
SUGGESTED ANSWER:(sec. 44-46, RA 7160)The vacancy shall be filled in
thefollowing manner:1.
If Benito is affiliated with apolitical party, the vacancy in theSangguiniang
Panlalawigan shallbe filled by a nomination andcertificate of membership of
theappointee from the highestofficial of the political party.(must be filled with
someone whobelongs to the political party tomaintain the party representationas
willed by the people in theelection).2.
If Benito is not affiliated with apolitical party, the vacancy shall
be filled by the PRESIDENTthrough the executive secretary.
2010
No.XIII.c. Boundary disputes between andamong municipalities in the same provincemay be
filed immediate with the RTC
SUGGESTED ANSWER:FALSE. Should be referred for settlementto the SANGGUNIANG
PANLALAWIGANconcerned (see. Sec. 118, RA No.7160;Municipality of Sta. Fe vs.
Municipalityof Artao, 533 SCRA 586 [2007]).
Confiscation of Drivers License; MMDA
(2010)
No.XIII.d. The MMDA is authorized to
confiscate a drivers license in the
enforcement of traffic regulations.(0.5%)
SUGGESTED ANSWER:False. Since Republic Act No. 7924 doesnot grant the
Metropolitan manilaDevelopment Authority to enactordinances, the grant to it by
Section5(f) of Republic Act No. 7924 of the
power to confiscate drivers license
without the need of any other law is anauthorized exerciseALTERNATIVE ANSWER:
TRUE. The confiscation of drivers
license by MMDA is part of its executivefunction to enforce the law.Internal
Revenue Allotment Fund (2007)
No. VIII. The Provincial Governor ofBataan requested the Department ofBudget and Management (DBM)
torelease its Internal Revenue Allocation(IRA) of P100 million for the currentbudget year. However, the
GeneralAppropriations Act provided that theIRA may be released only if the provincemeets certain
conditions as determinedby an Oversight Council created by thePresident.
(D) Yes, because the President has thepower and authority to imposereasonable restrictions on
the power ofcities to raise revenues.(E) Yes, if so provided in a city'scharter.
SUGGESTED ANSWER:(C), Sec. 5, Article X of the 1987Constitution2013
2012
16.
The rule in Article V1, Section 5 (3)of the Constitution that "Eachlegislative district shall
comprise, asfar as practicable, contiguous,compact and adjacent territory" is aprohibition
against:a.
re-apportionment;b.
commandeering of votes;
c.
gerrymandering;
d.
re-districting.
SUGGESTED ANSWER:(c) Navarro vs. Ermita, 612 SCRA 131
17.
Article V1, Section 5(3) of theConstitution requires that for a cityto be entitled to have at
least onerepresentative, its population shallbe at least:
a.
250,000;
b.
150,000;c.
100,000;d.
175,000.
2011
(10) The city government filed a complaintfor expropriation of 10 lots to build arecreational
complex for the members of thehomeowners' association of Sitio
Sto. Tomas, the most populated residentialcompound in the city. The lot ownerschallenged
the purpose of theexpropriation. Does the expropriation havea valid purpose?(A) No,
because not everybody usesa recreational complex.
(B) No, because it intends to
benefit a private organization.
(C) Yes, it is in accord with thegeneral welfare clause
(D) Yes, it serves the well-being ofthe local residents.
2011
35) Alfredo was elected municipal mayorfor 3 consecutive terms. During his thirdterm, the
municipality became a city.Alfredo ran for city mayor during the nextimmediately
succeeding election. Voltairesought his disqualification citing the 3 termlimit for elective
officials. Will Voltaire'saction prosper?(A) No, the 3 term limit should notapply to a person
who is running fora new position title.(B) Yes, the 3 term limit appliesregardless of any
voluntary orinvoluntary interruption in theservice of the local elective official.
(C) Yes, the 3 term limituniformly applies to the office ofmayor, whether for city
ormunicipality.
(D) No, the 3 term limit should notapply to a local government unitthat has assumed a
differentcorporate existence.
2011
(48) An ordinance prohibits "notoriousstreet gang members" from loitering inpublic places.
The police are to dispersethem or, if they refuse, place them underarrest. The ordinance
enumerates whichpolice officers can make arrest and definesstreet gangs, membership in
them, andpublic areas. The ordinance was challengedfor being vague regarding the meaning
of"notorious street gang members." Is theordinance valid?
(A) No, it leaves the public
uncertain as to what conduct itprohibits.
(B) No, since it discriminatesbetween loitering in public placesand loitering in private places.
(C) Yes, it provides fair warning togang members prior to arrestregarding their unlawful
conduct.(D) Yes, it is sufficiently clear for thepublic to know what acts itprohibits.
2011
(61) Adela served as Mayor of Kasim for 2consecutive terms. On her third term,COMELEC
ousted her in an election protestthat Gudi, her opponent, filed against
her. Two years later, Gudi faced recallproceedings and Adela ran in the recallelection against
him. Adela won and servedas Mayor for Gudi's remaining term. CanAdela run again for
Mayor in the nextsucceeding election without violating the 3term limit?
(A) No, she won the regularmayoralty election for twoconsecutive terms and the recallelection
constitutes her third term.(B) A. No, she already won themayoralty election for 3
consecutiveterms.
(C) Yes, her ouster from office inher third term interrupted the
continuity of her service asmayor.
(D) Yes, the fresh mandate given herduring the recall election erased herdisqualification for
a third term.
2011
(81) Anton was the duly elected Mayor of Tunawi in the local elections of 2004. Hegot 51% of
all the votes cast. Fourteenmonths later, Victoria, who also ran formayor, filed with the Local
ElectionRegistrar, a petition for recall againstAnton. The COMELEC approved thepetition and set
a date for its signing byother qualified voters in order to garner atleast 25% of the total
number of BarExamination Questionnaire for Political LawSet A registered voters or total number
ofthose who actually voted during the localelection in 2005, whichever is lower.
Antonattacked the COMELEC resolution for beinginvalid. Do you agree with Anton?(A) No,
the petition, though initiatedby just one person, may be ratifiedby at least 25% of the total
numberof registered voters.(B) No, the petition, though initiatedby just one person may be
ratifiedby at least 25% of those whoactually voted during the 2004 localelections.(C) Yes, the
petition should beinitiated by at least 25% of the totalnumber of registered voters
whoactually voted during the 2004 localelections.
(D) Yes,the petition should be
initiated by at least 25% of the
total number of registered voters
of Tunawi.