Escolar Documentos
Profissional Documentos
Cultura Documentos
2015
Bar Questions and Suggested Answers
Political Law II. (1) A bill was introduced in the House of
Representatives in order to implement faithfully the
provisions of the United Nations Convention on the
I. The Philippines and the Republic of Kroi Sha Law of the Sea (UNCLOS) to which the Philippines
established diplomatic relations and immediately is a signatory. Congressman Pat Rio Tek questioned
their respective Presidents signed the following: (1) the constitutionality of the bill on the ground that the
Executive Agreement allowing the Republic of Kroi provisions of UNCLOS are violative of the
Sha to establish its embassy and consular offices provisions of the Constitution defining the Philippine
within Metro Manila; and (2) Executive Agreement internal waters and territorial sea. Do you agree or
allowing the Republic of Kroi Sha to bring to the not with the said objection? Explain. (3%)
Philippines its military complement, warships, and
armaments from time to time for a period not
exceeding one month for the purpose of training
exercises with the Philippine military forces and SUGGESTED ANSWER:
exempting from Philippine criminal jurisdiction acts
committed in the line of duty by foreign military No, the objection is not tenable. UNCLOS has nothing to do
personnel, and from paying custom duties on all the with the redefinition of our territory. It merely regulates sea-
goods brought by said foreign forces into Philippine use rights over maritime zones, contiguous zones, exclusive
territory in connection with the holding of the economic zones, and continental shelves which it delimits.
activities authorized under the said Executive Whether the bodies of water lying landward of the baselines of
Agreement. the Philippines are internal waters or archipelagic waters, the
Philippines retains jurisdiction over them (Magallona v.
Senator Maagap questioned the constitutionality of Ermita, GR No. 187167, July 16, 2011, 655 SCRA 476).
the said Executive Agreements and demanded that
the Executive Agreements be submitted to the Senate
for ratification pursuant to the Philippine
Constitution. Is Senator Maagap correct? Explain. (2) Describe the following maritime regimes under UNCLOS
(4%) (4%)
regulations within its territory or review or continuing education centers or similar institutions.
territorial sea. Dual employment applies to appointive officials who are not
ii) Punish infringement of the above laws allowed to hold any other office or employment in the
and regulations committed within its Government or any subdivision, agency or instrumentality
territory or territorial sea (Article 53, thereof, including government-owned corporation or their
UNCLOS) subsidiaries, unless otherwise allowed by law or the primary
(c) Exclusive Economic Zone is an area beyond and functions of his position (Article IX B Section 7 of the 1987
adjacent to the territorial sea, over which a state has Constitution; Sections 1 and 2, Rule XVIII of the Omnibus
special rights over the exploration and utilization of Rules Implementing Book V of E.O. No. 292).
marine resources. It shall not extend beyond 200
nautical miles from the baselines from which the
breadth of the territorial sea is measured. In case of
archipelagic states, its breadth shall be measured
IV. When is a facial challenge to the
from the archipelagic baseline (Article 57, 58, 48,
constitutionality of a law on the ground of violation
UNCLOS)
of the Bill of Rights traditionally allowed? Explain
(d) Continental shelf - The continental shelf of a coastal
your answer. (3%)
State comprises the seabed and subsoil of the
submarine areas that extend beyond its territorial sea
throughout the natural prolongation of its land
territory to the outer edge of the continental margin,
SUGGESTED ANSWER:
or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea
Facial challenge to the constitutionality of a law is
is measured where the outer edge of the continental
traditionally allowed when it operates in the area of freedom
margin does not extend up to that distance (Article
of expression. The established rule is that a party can question
76, UNCLOS).
the validity of a statute only if, as applied to him, it is
unconstitutional. The exception is the so-called “Facial
challenge". But the only time a facial challenge to a statute is
allowed is when it operates in the area of freedom of
III. Professor Masipag who holds a plantilla or regular expression. ln such instance, the "overbreadth doctrine"
item in the University of the Philippines (UP) is permits a party to challenge the validity of a statute even
appointed as an Executive Assistant in the Court of though, as applied to him, it is not unconstitutional, but it
Appeals (CA). The professor is considered only on might be if applied to others not before the Court whose
leave of absence in UP while he reports for work at activities are constitutionally protected. lnvalidation of the
the CA which shall pay him the salary of the statute "on its face", rather than "as applied", is permitted in
Executive Assistant. The appointment to the CA the interest of preventing a "chilling effect" on freedom of
position was questioned, but Professor Masipag expression (Justice Mendoza's concurring opinion in Cruz v.
countered that he will not collect the salary for both DENR, G.R. No. 135385, December 06, 20001). A facial
positions; hence, he can not be accused of receiving challenge to a legislative act is the most difficult challenge to
double compensation. Is the argument of the mount successfully since the challenge must establish that no
professor valid? Explain. (4%) set of circumstances exists under which the act would be valid
(Estrada v. Sandiganbayan, G.R. No. 148560, November
19,20011).
SUGGESTED ANSWER:
on the part of any branch or instrumentality of government. XIII. On August 15, 2015, Congresswoman Dina
Heretofore, the judiciary has focused on the "thou shalt not's" Tatalo filed and sponsored House Bill No. 5432,
of the Constitution directed against the exercise of its entitled "An Act Providing for the Apportionment of
jurisdiction. With the new provision, however, courts are the Lone District of the City of Pangarap." The bill
given a greater prerogative to determine what it can do to eventually became a law, R.A. No. 1234. It mandated
prevent grave abuse of discretion amounting to lack or excess that the lone legislative district of the City of
of jurisdiction on the part of any branch or instrumentality of Pangarap would now consist of two (2) districts. For
government. Clearly, the new provision did not just grant the the 2016 elections, the voters of the City of Pangarap
Court power of doing nothing. (Belgica v. Ochoa, G.R. No. would be classified as belonging to either the first or
208566 November 19, 2013) second district, depending on their place of residence.
The constituents of each district would elect their
own representative to Congress as well as eight (8)
members of the Sangguniang Panglungsod. R.A. No.
(2) Differentiate the rule-making power or the power of the 1234 apportioned the City's barangays. The
Supreme Court to promulgate rules under Section 5, Article COMELEC thereafter promulgated Resolution No.
VIII of the 1987 Constitution and judicial legislation. (2%) 2170 implementing R.A. No. 1234.
fees by the clerk of court pursuant to Rule 141 (Legal appointment of Marikit as COMELEC Chairperson is
Fees) of the Rules of Court. The City of Masuwerte unconstitutional for the following reasons: (1) The
questions the assessment claiming that it is exempt appointment of Marikit as COMELEC Chairperson
from paying legal fees under Section 23 of its charter. constituted a re- appointment which is proscribed by
Is the claim of exemption tenable? Explain. (4%) Section 1(2), Article IX of the 1987 Constitution; and
(2) the term of office expressly stated in the
appointment papers of Marikit likewise contravenes
the aforementioned constitutional provision. Will the
SUGGESTED ANSWER: constitutional challenge succeed?
which is an artificial structure. Whose claim is No, the action of the governor is not proper. Under the
correct? Explain. (4%) Constitution, it is only the President, as Executive, who is
authorized to exercise emergency powers as provided under
Section 23, Article VI, as well as the calling-out powers under
Section 7, Article VII thereof. In the case at bar, the provincial
SUGGESTED ANSWER governor is not endowed with the power to call upon the state
forces at his own bidding. It is an act which is ultra vires and
PSALM’s claim is correct. Under the Water Code, a foreign may not be justified by the invocation of Section 465 of the
company may not be said to be “appropriating” our natural Local Government Code (Kulayan v. Gov. Tan, GR No.
resources if it utilizes the waters collected in the dam and 187298, July 3, 2012).
converts the same into electricity through artificial devices
such as the hydroelectric facility as in the case case at bar.
Since the NPC remains in control of the operation of the dam
by virtue of water rights granted to it, there is no legal XX. The Partido ng Mapagkakatiwalaang
impediment to foreign-owned companies undertaking the Pilipino (PMP) is a major political party which has
generation of electric power using waters already appropriated participated in every election since the enactment of
by the NPC, the holder of the water permit. With the advent of the 1987 Constitution. It has fielded candidates
privatization of the electric power industry which resulted in mostly for legislative district elections. In fact, a
its segregation into four sectors, NPC’s generation and number of its members were elected, and are actually
transmission functions were unbundled. Hence the acquisition serving, in the House of Representatives. In the
by a foreign company of the hydroelectric facility did not coming 2016 elections, the PMP leadership intends to
violate any constitutional provision (IDEALS v. PSALM, GR join the party-list system.
No. 192088). Can PMP join the party-list system without violating
the Constitution and Republic Act (R.A.) No. 7941?
(4%)
SUGGESTED ANSWER: