ALLIANCE FOR ALTERNATIVE ACTION, INC.

2009-
2010

SAN BEDA COLLEGE OF LAW

CONSTITUTIONAL LAW REVIEW FINALS (RECONSTRUCTED)

First Semester, 2009-2010 Atty. Adonis V. Gabriel

Read and answer each question carefully. Begin your answer to each numbered
question on a separate page; an answer to a sub-question under the same number may
be written continuously on the same page and succeeding pages until completed. A
mere Yes or No without further explanation will not be given any credit.

1. President Masangcay transmits to the Senate President and the Speaker of the
House of Representatives that he is unable to discharge the functions of his
office. Thereafter, Vice-President Mauro assumed the Office of the President as
Acting President. The majority of the members of the Cabinet transmit to the
Senate President and the Speaker of the House of Representatives that
President Masangcay is able to discharge the functions of his office and that
Vice-President Mauro is unable to discharge his functions as Acting President.
Who shall assume the Office of the President? (5points)

2. Due to irreconcilable conflicts in the versions of bill, the two houses of Congress
formed a joint bicameral committee. Thereafter, the bicameral committee
eliminated the conflicts and submitted the bill for approval. Congressman
Villamor introduced some modifications and amendments to the bill. Some
members of the House of Representatives doubt the constitutionality of the said
amendments because under Section 26 (2) of Article VI of the Constitution, no
further amendments can be made after the third reading of the bill. The
Secretariat of the House of Representatives consults you as to the
constitutionality of the amendments proposed by Congressman Villamor. What
will be your legal advice? (5points)

3. Rustrom Petilla, a self-confessed gay, wants to join the Boy Scouts of the
Philippines as a Head Master thereof. However, it is the policy of the Boy Scouts
of the Philippines not to accept any gay, transgender, or homosexual as its
member. Petilla is questioning the said policy as being violative of his freedom of
association under the Constitution. According to him, the Boy Scouts of the
Philippines should not deny him membership thereof solely on account of his
being gay. Is the constitutional right of Petilla violated?(5points)

4. Due to onslaught of typhoon Ondoy in the Philippines, President Gloria

Macapagal Arroyo declared a national state of calamity, ordered the regulation of
primary household commodities, and call out the Armed Forces of the Philippines
to assist in the relief operations for the victims of the typhoon. Brian questioned
the power of the President to declare a state of national calamity and to order the
regulation of basic commodities as these are not specifically provided for under
the Constitution, and that under the Commander-in-Chief clause, the President
may only call out the armed forces to suppress invasion, rebellion or lawless
violence. Rule on the contentions of Brian. (5points)

5. Wilson San Jose is being prosecuted for the crime of falsification of document.
He is allowed to testify on his behalf to prove that the handwriting as well as the
signature appearing on the questioned document was not his. On his cross-
examination, the prosecution asked him to furnish the court with a specimen of
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2010

his handwriting to compare it with the handwriting in the document in dispute. He

is also asked by the prosecution to give information about an estafa case in
which he is likewise involved and pending in the same court. Wilson objected on
the ground that it violates his right against self-incrimination. If you were the
judge, how will you rule on Wilsons objection? (5points)

6. The Commission on Elections en banc issued Resolution requiring any person to

first pass a competitive examination on Election and other pertinent laws before
he could practice before it or any of its divisions. Didoy assailed the
constitutionality of the said Resolution on the ground that only the Supreme Court
may regulate the practice of law in the Philippines. The Commission on
Elections, on the other hand, contended that under Section 6 of Article IX-A of the
Constitution, it has the power to promulgate its own rules concerning pleadings
and practice before it or any of its offices. If you were one of the Justices of the
Supreme Court, how will you resolve the constitutional impasse?(5points)

7. Gamaliel is a Filipino citizen who took up residence in the United States of

America and eventually became a naturalized American citizen. He married
Sharon Rock, an American, and they sired three children Rocky, 23, Badz, 19,
and Sherry, 17. Gamaliel and his family visited the Philippines and decided to
take up permanent residence here. He took an oath of allegiance to the Republic
of the Philippines under RA 9225 to reacquire his Philippine citizenship. The
Bureau of Immigration and Deportation consults you as to the citizenship of
Gamaliel and his family. What will be your legal opinion?(5points)

8. Paul is a civil service eligible occupying a primarily confidential position in the

Department of Agriculture. During weekends, he goes home to his province in
Rizal to support his father who is a mayoralty candidate in the local elections. His
father won over his rival, Mr. Yum, and was declared winner by the Board of
Canvassers. Mr Yum filed an election protest against Pauls father with the
Regional Trial Court and an administrative case against Paul with the
Department of Agriculture on the ground of electioneering. Paul contends that he
can participate in a partisan political activity because he is a primarily confidential
employee of the Department of Agriculture and he did the campaigns during
weekends and outside office hours. How will you rule on Pauls contentions?
(5points)

9. Dominic has a pending case for violation of the Comprehensive Dangerous

Drugs Act of 2002 before the sala of Judge Dimaguiba. After the hearing,
Dominic was asked by Judge Dimaguiba to proceed with him in his chamber.
Judge Dimaguiba told Dominic that he will dismiss the case if Dominic will give
him P10million. Dominic agreed with the arrangements and reported the same to
the National Bureau of Investigation (NBI) which immediately set an entrapment
operation. On the agreed date, Dominic handed the marked money to Judge
Dimaguiba and then and there, he was arrested by the NBI agents. A preliminary
investigation was conducted and a criminal information against the judge was
eventually filed with the trial court. Judge Dimaguiba contends that he could not
be validly charged before the courts as this would deprive the Supreme Court of
its disciplinary power over judges of lower courts. Is Judge Dimaguiba correct?
(5points)

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2010

10. In 2004, BANTAY-SALAKAY, a party-list group representing the interests of

security guards in the country, registered with the Commission on Elections and
participated in the party-list elections in that year. However, it failed to obtain a
seat in the House of Representatives. In 2007, BANTAY-SALAKAY again
participated in the party-list elections but it garnered only 1.98% of the total votes
cast for party-list candidates. Nevertheless, it successfully obtained one seat in
the House of Representatives due to the new ruling of the Supreme Court on
computation and allocation of additional seats for party-list representatives.
Akbayanan, another party-list group, seeks the disqualification of BANTAY-
SALAKAY from participating in the forthcoming 2010 party-list elections because
under the provisions of RA 7941, it failed to obtain at least 2% of the votes cast
under the party-list system in the two preceding elections for the constituency in
which it has registered. May BANTAY-SALAKAY participate in the forthcoming
2010 elections?(5points)

11. The Commission on Elections conducted public bidding for computers and
counting machines to be used for the elections as part of the poll automation
program of the government. After several public hearings on the bids, the
Commission on Elections awarded the bid to X Corporation as the official
supplier of the computers and counting machines. Kilosbayan challenged the
award of bid before the Regional Trial Court on the ground that the award was
irregular and the purchase price of the machines was excessive. The
Commission on Elections, on the other hand, contended that the award was
regular and the purchase price of the machines in dispute was not excessive. It
further contended that decisions of the Commission on Elections may only be
brought to the Supreme Court by way of a special civil action of certiorari as
provided under Article IX-C of the Constitution. Is the contention of the
Commission on Elections correct?(5points)

12. XXX is a civic-oriented television program of ABS-CBN which conducts

surveillance on the strength of complaints by private individuals, reports the
same to the law enforcement authorities, and exhibits apprehension of law
violators in national television. Mrs. Kiciang seeks the help of XXX relative to her
husbands marital infidelity by maintaining a concubine in another house. After
several days of surveillance, it was proven that the husband is having an extra-
marital affair. During the prosecution for Concubinage, the videotape of XXX
which contains evidence of the husbands marital infidelity is being offered in
evidence. If you were one of the counsels serving as the private prosecutor, what
arguments will you forward in order to convince the judge that the videotape is
admissible in evidence?(5points)

13. Department of Energy Secretary Angelo Reyes, MMDA Chairman Bayani

Fernando and Manila Hotel Administrator Joey Lina were engaged to exhibit their
singing prowess in a concert entitled The Three Tenors. The proceeds of the
concert will go to the benefit of charitable institutions such as the Philippine
National Red Cross. Secretary Reyes and MMDA Chairman Fernando asked
your opinion as to whether they could join the concert considering that they are
members of the Executive Department. What will be your legal advice?(5points)

14. Aldrin Abrego has been appointed by the President with the confirmation of the
Commission on Appointments as member of the Commission on Audit for a term
of seven years. However, it was found out that Aldrin never practiced law upon
passing the Bar examinations nor engaged himself in any activity requiring the

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2010

application of legal skills, knowledge, training and experience, but concentrated

only in his business. Aldrin admitted that he is not engaged in any work either as
a lawyer-entrepreneur of an industry or as a lawyer-manager. However, he
contended that since he has already been appointed by the President to his
position as member of the Commission on Audit, he can only be removed
therefrom through the process of impeachment. Is Aldrin Abrego correct?
(5points)

15. Disgusted by her non-appointment as Chief Justice of the Supreme Court,

Senator Santiago angrily said in national television and newspapers that she
wants to spit in the face of Chief Justice Panaganiban and that she would rather
be in a different environment than in the company of supreme court justices of
idiots. Atty. Saludo filed a disbarment case against Senator Santiago before the
Supreme Court for uttering disrespectful languages against the members of the
high court and for disorderly behaviour of a member of the Bar. Senator Santiago
invokes her parliamentary immunity as a defense. Can the Supreme Court
discipline Senator Santiago as a member of the Philippine Bar?(5points)

16. True or False. Explain your answer.

16.1. The Supreme Court may issue a circular transferring to the Court of
Appeals appellate jurisdiction over cases punishable by reclusion
perpetua or higher despite the constitutional provision that it has appellate
jurisdiction over said cases.(5points)

16.2. In their practical application, there is always a conflict between the

Freedom of Religious Exercise Clause and the Non-Establishment of
Religion Clause of the Constitution.(5points)

16.3. The Congress cannot reduce the appropriation for the Constitutional
Commissions below the amount appropriated for the previous year.

17. Enumerate/Discuss:

17.1. The cases which are required to be heard by the Supreme Court en banc.
(5points)

17.2. The constitutional requirements for the passage of a bill. (5points)

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