6 May 2014

The Law School Standards Committee

Ateneo de Manila University
School of Law
Rockwell Center, Makati City
C/o The Students Appeals Committee
Dear Sirs:
I respectfully request for a reconsideration of my final grades in Constitutional Law 1 under Fr.
Joaquin G. Bernas.
Credits given to my answers to the questions posed in the final examination for the above cited
subject of this motion for reconsideration. Please refer to the final examination questionnaire
(Annex A) and my final examination booklet (Annex B) for your easy reference.
1) Question 1 a:
What are political questions?
My Answer:
Political questions are those functions of the executive and legislative departments in the
exercise of their functions or power.
Credit Given: none
Basis for reconsideration:
I respectfully move for reconsideration that my answer be given additional credit.
According to the answer of ______ who merited 5 points
Political questions are those questions that are left to the sovereign people to decide and that
which full discretionary authority has been vested on the legislative and executive departments.
In Baker vs. Carr political questions were described as those that have textual commitment to
the other branches of the government; characterized by a lack of judicially manageable
standards for their resolution and resolution of which necessitates a prior consideration of a
policy. Furthermore, is resolution may affect the respect accorded to the co-equal branches of
the government and will entail multiple statements on one particular issue. These descriptions
may be subdivided into textual approach, fundamental approach and presidential approach to
political questions.
With this I respectfully submit that my answer be given additional credit of 2 points.

2) Question 5 d.
Roberto Lesaca was serving his first term as representative of Congressional district X when he
was convicted of homicide and sentenced to serve his sentence in the Bilibid prison. While
serving sentence, he petitioned the court to be allowed to attend congressional sessions
mainly on the ground that he had right and duty to represent his constituents. Decide
My Answer:
As stated in the Jalosjos case, a public office is a public trust. Due to the fact that he has been
convicted of homicide it has also resulted in the disqualification of his seat. His immunity from
suit does not include immunity in suits involving cases punishable by 6 years or higher.
Moreover, immunity from suit is only applicable to situation. When Congress is in session and to
crimes not punishable by more than 6 years
Credit Given: 3 points
Basis for reconsideration:
I respectfully move for reconsideration that my answer be given additional credit.
According to the answer of ______ who merited 5 points, Roberto Lesacas contention is bereft
of merit. As a district representative he may only be immune from suits with a penalty of less
than 6 years imprisonment. He cannot use his position to exculpate himself from his sentence.
Social justice requires that the law be implemented to everyone regardless of his position and his
case cannot be considered an exception. His case may be likened to that of Jaloslos wherein the
Supreme Court said that his immunity does not extend to his crimes and Jalosjos should serve
his sentence.
With this I respectfully submit that my answer be given additional credit of 2 points.
3) Question 7 b
What officers and employees come under the jurisdiction of the Civil Service Commission?
My Answer:
As sated in article 9, the officers and employees that come under the civil service commission
are those that work under government owned or controlled corporation, or those who work
under the government.
Credit Given: none
Basis for reconsideration:
I respectfully move for reconsideration that my answer be given additional credit.

According to the answer of _______ who merited 5 points, officers and employees belonging to
the government, its subdivisions, agencies and institutions including government owned or
controlled corporations and their subsidiaries with original charter. It acts as the central
personnel agency of the government.
With this I respectfully submit that my answer be given additional credit of 3 points.
Should a review of my exam answers be permitted and additional credits of at least 7 points from
the manifest oversight and additional 6 points for computational errors which will total 13 points
be granted as a result thereof, I would merit a final grade of 63% in the appealed subject.
Accordingly, this would allow me to continue my studies at the Ateneo Law School and the case
for dismissal be dropped.
I fully understand that it is the policy of the Law School that my grades are deemed final upon its
official release. I also understand that an appeal is purely a matter of privilege and not a right.
However, I respectfully pray that you find merit in my arguments and grant my earnest motion.
Thank you for your kind attention and I look forward to your favorable consideration of this
request.
Yours sincerely,
xxxx