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Suggested Answers To Bar Questions in Political Law Exam 2013 Philippine Bar Exam PDF
Suggested Answers To Bar Questions in Political Law Exam 2013 Philippine Bar Exam PDF
Cite at least two (2) grounds for impeachment and Is the petition meritorious?
explain why you chose them. (6%) No, the petition is not meritorious. UNCLOS has
nothing to do with the acquisition (or loss) of
Reference: According to Section 2, Article XI of the territory. It is a multilateral treaty regulating, among
1987 Constitution, the President, the Vice-President, others, sea-use rights among maritime zones and
the Members of the Supreme Court, the Members of continental shelves that UNCLOS III delimits.
the Constitutional Commissions, and the Ombudsman The court finds RA No. 7711 constitutional and
may be removed from office, on impeachment for, is consistent with the Philippines’ national interest.
and conviction of, culpable violation of the Aside from being the vital step in safeguarding the
Constitution, treason, bribery, graft and corruption, country’s maritime zones, the law also allows an
other high crimes, or betrayal of public trust. All internationally-recognized delimitation of the breadth
other public officers and employees may be removed of the Philippines’ maritime zones and continental
from office as provided by law, but not by shelf. The court also finds that the conversion of
impeachment. internal waters to archipelagic waters will not risk the
Grounds for impeachment: (CTB-GOB) Philippines as affirmed in the Article 49 of the
1. Culpable Violation of the Constitution UNCLOS III, an archipelagic state has sovereign
2. Treason power that extends to the waters enclosed by the
3. Bribery archipelagic baselines, regardless of their depth or
4. Graft and Corruption distance from the coast. It is further stated that the
5. Other High Crimes regime of archipelagic sea lanes passage will not
6. Betrayal of Public Trust affect the status of its archipelagic waters or the
exercise of sovereignty over waters and air space, bed
The two grounds for impeachment suitable to the and subsoil and the resources therein (Prof. Merlin
case of the president are: Magallona, et al v. Hon. Eduardo Ermita, in his
1. Graft and Corruption. It is stated under capacity as Executive Secretary, et al, G.R. No.
Section 3(j) of Republic Act No. 3019 (Anti- 187167, 16 July 2011)
Graft and Corrupt Practices Act), that one
corrupt practice of a public officer includes VII.
knowingly approving or granting any
XII.
In the May 2013 elections, the Allied Workers’
Group of the Philippines (AWGP), representing land-
based and sea-based workers in the Philippines and
overseas, won in the party list congressional