Escolar Documentos
Profissional Documentos
Cultura Documentos
b.
c.
d.
(a)
(b)
(c)
(d)
voidable.
valid.
invalid.
unenforceable.
a.
b.
c.
d.
b.
c.
d.
House of Representatives;
Senate;
Central Bank;
Monetary Board.
operative;
factual;
constitutional;
unconstitutional (De Agbayani v. PNB)
statute.
the President, the appointing power.
Supreme Court issuances.
the rules of court.
a.
b.
c.
d.
A:
(a) The decision cannot be deemed to have
been promulgated simply because of the
announcement of the voting in the press
release, because the decision has not yet
been issued and filed with the Clerk of
Court. Until the decision is filed with the
Clerk of Court, the Justices still have control
over the decision and they can still change
their votes (Limkaichong v. COMELEC, G.R.
No. 178831-32, July 30, 2009)
(b) The decision can no longer be promulgated
if the Justice who belonged to the majority
died, for lack of a majority vote. The vote
he cast is no longer valid, as he was no
longer an incumbent member of the SC
a.
b.
c.
d.
decisional autonomy;
organizational autonomy;
fiscal autonomy; (Art. IX-A, Sec. 5)
quasi-judicial autonomy.
2012 Bar, Q. VII: Mayor Pink is eyeing reelection in the next mayoralty race. It was
common knowledge in the town that
Mayor Pink will run for re-election in the
coming elections. The deadline for filing
of Certificate of Candidacy (CoC) is on
March 23 and the campaign period
commences the following day. One month
before the deadline, Pink has yet to file
her CoC, but she has been going around
town giving away sacks of rice with the
words "Mahal Tayo ni Mayor Pink" printed
on them, holding public gatherings and
speaking about how good the town is
doing, giving away pink t-shirts with "Kay
Mayor Pink Ako" printed on them.
a. Mr. Green is the political opponent of
Mayor Pink. In April, noticing that
Mayor Pink had gained advantage
over him because of her activities
before the campaign period, he filed a
petition to disqualify Mayor Pink for
engaging in an election campaign
outside the designated period.
1. Which is the correct body to rule on
the matter? Comelec en banc, or
Comelec division? Answer with
reasons
2. Rule on the petition.
QW in Elective
office
QW in Appointive
office
If he is ineligible, the
candidate who got the
second highest
number of votes
cannot be proclaimed
elected (Sinsuat v.
COMELEC)
It is the Solicitor
General, public
prosecutor, or a
person claiming to be
entitled to the public
office a petition for
quo warranto against
an appointive official
(Rule 66, Sec. 2 and
5)
Answer:
1.
2.
a.
b.
the Senate;
the House of Representatives;
the Senate President;
the Speaker of the House of
Representatives.
A:
a.
b.
1.
2.
3.
4.
5.
6.
b.
c.
d.
b.
c.
a.
b.
c.
d.
a.
b.
c.
d.
c.
d.
Education
Sec. 3(3). At the option expressed in
writing by the parents or guardians,
religion shall be allowed to be taught to
their children or wards in public
elementary and high schools within the
regular class hours by instructors
designated or approved by the religious
authorities of the religion to which the
children or wards belong, without
additional cost to the Government.
2012 Bar, Q. 71: Optional religious
instruction in public elementary and high
schools is allowed provided it be:
a.
c.
b.
c.
d.
b.
c.
d.
referendum.
plebiscite.
initiative.
certification.
international conventions;
international custom;
international humanitarian law;
general principles of law.
A:
a.
b.
c.
d.
a.
terra nullius;
opinio juris;
jus cogens; (Art. 53 of Vienna
Convention on the Law of Treaties)
jus cogentus.
b.
c.
1.
2.
3.
d.
B. Customs
2012 Bar, Q. 77: This doctrine considers
the general or customary norms of
international law as a part of municipal
law and are to be enforced as such,
without regard as to whether they are
enacted as statutory or legislative rules
or not:
a. accession;
b. incorporation; (Magallona,
Fundamentals of Public International
Law, p. 523)
c. accretion;
d. adoption.
Personalities Under International Law
A. States
2012 Bar, Q. 75: In international law, the
status of an entity as a State is accepted
by other States through this act. It is the
"act by which another State
acknowledges that the political entity
recognized possesses the attributes of
statehood."
a. accession;
b. recognition; (Brownlie, Principles of
Public International Law, 7th ed., p. 86)
c. acknowledgment;
d. attribution.
Jurisdiction of States
2012 Bar, Q. 76: An act or process by
which a State, in compliance with a
formal demand or request, surrenders to
extramediation;
exterrertioriality;
extradition; (Government of USA v.
Purganan)
extraterritoriality.
B. Immunity of Ambassadors
2013 Bar, Q. X: The Ambassador of the
Republic of Kafiristan referred to you for
handling, the case of the Embassy's
Maintenance Agreement with CBM, a
private domestic company engaged in
maintenance work. The Agreement binds
CBM, for a defined fee, to maintain the
Embassy's elevators, air-conditioning
units and electrical facilities. Section 10
of the Agreement provides that the
Agreement shall be governed by
Philippine laws and that any legal action
shall be brought before the proper court
of Makati. Kafiristan terminated the
Agreement because CBM allegedly did not
comply with their agreed maintenance
standards.
CBM contested the tennination and filed a
complaint against Kafiristan before the
Regional Trial Court of Makati. The
Ambassador wants you to file a motion to
dismiss on the ground of state immunity
from suit and to oppose the position that
under Section 10 of the Agreement,
Kafiristan expressly waives its immunity
from suit.
Under these facts, can the Embassy
successfully invoke immunity from suit?
A: Yes, the Embassy can invoke immunity from
suit. Sec. 10 of the Maintenance Agreement is
not necessarily a waiver of sovereign immunity
from suit. It was meant to apply in case the
Republic of Kafiristan elects to sue in the local
courts or waives its immunity by a subsequent
act. The establishment of a diplomatic mission
is a sovereign function. This encompasses its
maintenance and upkeep. The Maintenance
Agreement was in pursuit of a sovereign
activity.
International Protection of Human Rights
A. International Covenant of Civil and
Political Rights (1966)
Public Corporations
Local Government Code of 1991 (R.A.
7160)
Title II: The Municipality
Chapter I: Role and Creation of
Municipality
Sec. 442. Requisites for Creation
(a) A municipality may be created if it has
an average annual income, as certified
by the provincial treasurer, of at least
Two million five hundred thousand
pesos (P2,500,000.00) for the last two
(2) consecutive years based on the
1991 constant prices; a population of
at least twenty-five thousand (25,000)
inhabitants as certified by the
National Statistics Office; and a
contiguous territory of at least fifty
(50) square kilometers as certified by
the Lands Management Bureau:
Provided, That the creation thereof
shall not reduce the land area,
population or income of the original
municipality or municipalities at the
time of said creation to less than the
minimum requirements prescribed
herein.
(b) The territorial jurisdiction of a newlycreated municipality shall be properly
identified by metes and bounds. The
requirement on land area shall not
may be canceled.
will subject him to a quo warranto action.
remains valid.
may be denied due course.
COMELEC.
Secretary of Justice.
police and other law enforcement agencies.
City or Provincial Prosecutor.
a.
b.
c.
a.
d.
c.
d.
legislative encroachment;
legislative veto;
legislative oversight;
legislative scrutiny.
a.
a.
b.
c.
d.
c.
d.
c.
d.
a.
a.
a.
b.
c.
d.
(a)
(b)
(c)
(d)
a discretionary duty.
a mix discretionary and ministerial duty.
a ministerial duty.
a rule-making duty.
a private sheriff.
a public officer.
a private warehouseman.
an agent of the party to whom the property
will ultimately be awarded.