40: 2a: 30: 4Q: > PRE-WEEK NOTES IN Political and International Law by Dean Salvador A. Poquiz' May Quo Warranto in the Supreme Court filed by Solicitor General Calida prosper after the Impeachment Complaint had been initiated before the House af Representatives? Yes. The causes of action are distinct in Quo Warranto and in impeachment The issue in Quo Warranto is the qualifications of the Chief Justice. If she is not qualified, she could be removed through Quo Warranto While in Impeachment, it presupposes that Chief Justice Sereno is qualified for the positian of Chief Justice, and the issue is whether she committed impeachable offenses of culpable violation of the Constitution, bribery, graft and corruption or other high crimes, andior betrayal of pubiic trust Does compliance with the filing of SALN and payment of taxes proper grounds for Quo Warranto agamns| the Chief Justice? Yes. A public office is a public trus. Favlure to file SALN and to pay taxes constitutes betrayal of public trust. and at the same tme a disquaiification from being appointed to pubiic office. May the Supreme Court en banc resolve the Quo Waranto case against Chief Justice Sereno fairly on the merit? Yes. The siting Justices of the Supreme Court may resolve the Quo Warranto without fear or favor in accordance with the applicable law. If any of the sitting Justices would voluntarily inhibit to participate in the Quo Warranto proceedings of Chief Justice Sereno, then Justices from the Court of Appeais may be designated to try and decide the case pro hac vice. The Quo Warranto against Chief Justice Sereno was filed out of time. Would this bar the resolution of the Quo Warranto petition against the chief Justice on the merit? No. Technical rules should bow down to the paramount requirements of ‘substantial justice. The Supreme Court has the plenary authority to sel aside or relax technicality to serve the ends of justice Does the President have the power to ratify a treaty under the Constitution which includes the power to withdraw from it? Yes. There is no question that the President has the power to ratify a treaty under the Constitution which includes the power to withdraw from it in the exercise of his sovereign power over foreign relations for which the President is answerabie only to the people of the Philippines under the “political culled lecture notes of Dean Arturo M. de Castro in Political Law and Dean Salvador A Poquiz on the New Priliapine Constitution,6Q 7Q 8a urteous and Question doctrine * prs colated: insulting treatment of to the Drug Campai 1 the disc [The withdawal was an offshoot of Ie cut f the International Cnminal court IC 19N of the President of the Phisppines ey i taxes {aS argued that the people would be burdened wath, double n Federal form of Government. ‘Was the aryument correct under the generally No With due respect, there would be ne double taxation MT acs alt accepted principle of pre-emption in taxation because 1 annol pee Subject to taxes of the Federal Naticnal Governmetl © Joi onsh ined anymore by the Federal Stale The principle of pre-eMPIY A ronipits do in Philippine case law and in the present Constitutio taxation isive and ould be div It was opined that the Federai form of Governmen’ Wi ‘ng the would promote Political Dynasties Rule on the oP vevented by revising Precisely. these are the evils sought to be PTT Governme Constitution by shifting from Presidential to Feder sce otha 4 in the sp! The Federal States are autonomous states Wm Nome under the internal affairs to govern themselves anc gevere. yernment. Thus, what . general supervision of the Federal National Gover tine, economic, Federal State earns would remain within itself for ! social and political development. iting to Federal form at Govern ni is precisely to address the probiem of political dymasties i atte joverned by the present Consttulion under its provisions MTV Ae sr its execuling but dependent only upon the discretionary a implementation. One of the noble objectives of shi it of the disputed islands within our exclusive nes oe sone (HEZ) nthe South China Sea with China would volte the i er the strict interpretat Eh ne tne natural resources witic the exclusive economic zone (EZZ) is reserved only to Filipino nationals. Oo you agree? I'disagree. The joint exploration of natural resources within the exclusive economic zone is allowed under the Constitution and the Foreign Investments. Act (RA 7042). A joint agreement for exploration of the disputed islands with China would not violate the Constitution. Expiain its legal consequence on treaty obligations A treaty between souvereign nations on the international plane has primacy over the domestic law of a country including its Constitution. Where there is a conflic! between the Constitution and a treaty obligation, if the case is filed in the Philippines, the Supreme Court will declare the trealy obligation unconstitutional for violation of the Constitution. If the case is filed before an international tribunal, the Constitution would be declared null and void if the Constitution violates a treaty obligation. A Stale cannot invoke its i internal law as a defense for a failure to perform a treaty obligation.10 Q A 1Q 12Q 13 Q 14.Q: 15.Q: 16a nicept of “political question doctrine"? uestion doctrine” refers to poittical issu these are left to the peopi Explain the cor the “political a) judicial review because sovereign capacity S which are outside le 10 decide in ther nate President Pimentel sue for mandamus to com, ae ratify the Rome Statule and transmit it to the Senate Tine cone of its 2/3 of its members? Ri The ratification of a treaty is a discretionary power of the President eiated to foreign relations which involves political question that is outside the power of judicial review, but to be decided by the people in the oxercise of eevereign will of the People to whom the President is answerabie for his action. Can President Duterte validly withdraw from ICC? Yes. President Duterte was installed by a great majority of the people who support his anti-drug campaign until the present. Extraordinary situation calls for extraordinary action. The supreme political act of the President to withdraw from ICC is a political question which may not be reviewed, disturbed, interfered with, or altered by the Supreme Court in accord with the principle of separation of powers Can members of the Senate interfere with the President Duterte’s withdrawal from ICC? No. The members of the Senate of the Philippines who interfere with the exclusive discretionary power of the President on the withdrawal from the ICC are answerable to the people for violation of the principle of separation of powers under the Constitution What are the issues outside the jurisdiction of the Permanent Court of Arbitration? : Issues of Territorial sovereignty, territorial delimitation and military activities are outside the jurisdiction of the Permanent Court of Arbitration which dealt only with the issues of maritime entitlements and sovereign rights of stales over their Exclusive Economic Zones under the UNCLOS. Is the Arbitral Award binding on China? Yes. The Arbitral Award is binding on China. However. China does not recognize the Award and prohibits Filipino fisher foiks from fishing within its exclusive economic zone in the Mischief Reef (Panganiban Reef), Second Thomas Shoal (Ayungin Shoal), and Scarborough Shoal (Bajo de Masinloc). If you were the President, what will be your options to enforce the Arbitral Award against China? The Philippines renounces war as an instrument of national policy. which any way it cannot win alone against the military might of China. The options are to Negotiate with China or file cases in the proper courts to enforce its rights and redress it grievances and claim damages under the UNCLOS.17Q 21Q: 23Q art of the hich boven to the Philippines as Pé Palrimon, / aiiiot be bargained away under the Rega, 5 xploitation and utilization may be UNErtaken § or associations the capital Stock of whic, and preferred non-voting stocks are Do natural resources WI of the Naticn be bargained away No. Its exclusive ownership « Doctrine, but ts development. by Filipino citizens or corporation 3 consisting of all common voting stoc! owned by citizens of the Philippines e Constitution? mending tht What are the modes of a! 19 by a vote of % of its members 1) Consttuent Assembly, Congress 2) Constitutional Convention 7 People’s Initiative — petition of at least 12% of registered voters, at least 3% of registered voters in each legislative district. Distinguish amendment from revision of the Constitution? Amendment is minor change of specific provisions Revision is radical change, such as change of Government. May the Constitution be revised by shifling from the presidential to the parliamentary form of Government thru Initiative and Referendum? No. Revision is possible only thru Constitutional Assembly or Constitutional convention, not thru initiative and referendum which is a mode allowed only for amendment of the Constitution What is the principle of Jus Cogens in International Law which constitutes a limitation on the power of the constituent assembly to propose changes in the Constitution? : Jus Cogens, or peremptory norm of international law, means “a norm accepted and recognized by Ihe international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by @ subsequent norm of general international law having the same character : What is a political question? It is @ question of policy, wisdom of particular me: . asure. It ref those questions which under the Constitution are to be decided by the peonle in their sovereign capacity. (Tanada v. Cuenco, Feb, 28, 1957. Snap Election cases). . . 's the political question doctrine still in effect in light of the power of judicial review over acts of the legislative or executive done with abuse of discretion? Yes. While it is conceded that Article V Il, Section 1 of the Constitution has broadened the scope of judicial inquiry into areas normally left to the political departments to decide, such as those relating to national security, it has nol altogether done owray with Poitical questions such as those which arise in the ign relations Zamora, 342 SCRA 449 roo” Begong Alyanseng Makebayen] v24 Q: Who are the impeachachabie officers? A. President. Vice-President, Members of the Supreme Court, members of the Constitutional Commissions. and the Ombudsman 25 Q: What are the grounds for impeachment? A: Culpabie violation of the Constitution, treason, bribery. graft and corruption, other high crimes, betrayal of public trust 26 Q: When is an impeachment complaint deemed initiated for the purpose of counting the one year period banning initiation of subsequent impeachment complaint against the President within such one year period? A When filed and referred to the Justice Committee Under the recent interpretation of the House of Representatives, the complaint is referred to the Justice Committee upon receipt of the complaint by the latter. (Francisco v. House of Representatives) 27 Q State the power of Congress to cali executive official to attend A 1) Investigation in aid of legislation - absolute nght to compel appearance 2) Question hour - president may ban appearance 28 Q: What is executive privilege? A: For reasons that must be stated executive privilege is confidentiality to safeguard national interest by which the President may restrain cabinet offciats from attending Congressional investigation 29 Q: Has the President the constitutional power to declare (1) state of rebellion? (2) State of national emergency? (3) Martial law? A Yes Under her constituttonal powers as Commander-in-Chief, and as Chief Executive in charge of faithfully executing the law. 30 Q: Has the President the power to take over public utilities during the state of national emergency under the present state of the law and the Constitution? ‘A: No. In the absence of implementing legislation granting him such emergency power It is settled, the constitutional provision on emergency powers of the President in case of national emergency 's not seif-executing 31Q Do the police have the power to make warranties arrest during state of national emergency? A No, without legal grounds under existing law. namely (1) a crime is being committed. about to be committed or attempted to be committed in the presence of the police, or (2) a crime has been committed and the police has reasonable ground to believe based on the facts within his knowiedge that the person to be arrested 1s probably the author of the crime, and (3) in case of escaped prisoner. 32 Q Is dual citizenship constitutional? A: R.A. 9225 which allows dual citizenship to natural born Filipino citizens who have lost Philippine citizenship by naturalzation in a foreign country is constitutional as a mode of re-acquiring Filipino citizenship. Whether they35a ry to determine (C, retain foreign citizenship 1s for the foreign com ry Alilung \ Datumanong, G R. No. 60869.) May 11. 2 May dual citizens residing abroad and overseas Finn Oe to vote? There is no provision in the dual citizenship law - RA he requiring ‘ualy to actually establish residence and physically stay in the mPPIneS fra before they can exercise their righ! vote. On the contrary 9225 iy implicitly acknowledgment that ‘duals’ are most like non-residents, grants under its Section 5(1) the same right of suffrage as that granted an absentee voter under RA 9189 Is a green card holder with permanent residence in the US eligible to hold public office? No. Green card holder is disqualified from holding elective office unless he waives his permanent residerit slatus in the U.S (Ugdoracion, Jr. v. COMELEC, G.R. No. 179851, April 18, 2008). Do the provisions of the treaty creating the World Trade Organization and the Trade Related Aspect of Intellectual Property (TRIPs) Agreement attached thereto providing for reciprocity and equal treatment among nationals of member nations contravene the nationalistic provisions of the Constitution giving preference to Filipino in the development, exploitation and utilization of national resources? No. The Constitution does not prohibit entry of foreign investments. What 1s prohibited is unfair competition : May the President be investigated by the Office of the Ombudsman for graft and corruption during her tenure of affice? A. No, because the President enjoys immunity from civil and criminal suit during 37a. 38 the tenure of his office. (Randy David v. Gloria Arroyo) May the Office of the Ombudsman investigate constitutional officers removable only by impeachment? Yes. The Supreme Court implicitly recognizes the power of the Ombudsman to investigate all public officials. whether removable by impeachment or not, by directing the Ombudsman to investigale any serious misconduct committed by them, for the purpose of filing a verified compiaint for impeachment. if warranted. The UN international Arbitral Court held that the 9-Line boundary demarcation of China has no historical basis and is null and void. If you were the counsel of China, what are the arguments for nullity of Arbitral Award against China? Arbitration is a reference of a dispute ta an impartial tribunal chosen by the parties to the dispute who agree in advance to abide by the Arbitrator’s Award issued after a hearing where both parties have an opportunity to be heard Simply stated, in arbitration there are (2) indispensable parties which is not present in the instant case because there is no consent of China for arbitration Thus, the International Arbitration Award is null and void 641Q 429 43Q: What do you understand by the Federal Form of Government? Federal or composite government 1s 0n€ whete governmenal powsrs are distributed between a national icential) government and local governments, each supreme within its own sphere Is the Federal Form of Government suitable for he Philippmes? Yes The regional and cultural differences of the people in the country which have been the cause of armed conflicts could be resolved with the Federal form Each region/state so created 1s autonomous for purposes of its soco- poltico-economic development subject the supreme authority af the centralinational government Political bickering associated with presidental government is replaced with more focus on economy as local governments. enjoy freedom of autonomy May the amnesty of Sen. Trillanes be declared null and void by the President without (he concurrence of majority of Congress? No. The grant of amnesty by the President requires concurrence of majority of the members of Congress. thus. its withdrawal requires the same approval of Congress However, to avail of the benefits of an amnesty proclamation one must apply and admit his guilt of the offense covered by the proclamation Whether or not Sen Trillanes applied and admitted his guilt 1s a factual issue beyond the domain of the judiciary including the Supreme Court How is decentralization of government powers implemented under the Local Government Code? It is implemented by the grant of power of taxation to local government units fo creale their own sources of revenues to make them financially self-reliant The purpose of the power is to generate funds with which to and stable areas of underwrite basic and essential public services within their responsibility. What are the modes of acquiring rights to ancestral domain and ancestral land? The rights of the ICCs/IPs to their ancestral domains and ancestral lands may be acquired in two modes (1) By native title both ancestral lands and domains, or (2) By torrens fille under the Public Land Act and the Land Registration Act with respect to ancestral lands only. (Cruz v. DENR Secretary, supra, p 198) Explain the concept of “native title” Native title refers to ICCs/IPs preconquest rights to lands and domains held under a claim of private ownership as far back as memory reacnes It shall be embodied in a Certificate of Ancestral Domain Title (CADT). which shall recognize the title of the concerned ICCs/IPs over the territories identified and delineated460 47 49Q + No, MIAA is exempt from real estate taxes impos Nora ining @XP foreign awed er ing Act, which ahvore 002s the The tion rmit., permits Yes, Sect” n exploration PET hold all explora or disapprove program Is contrac Constitution require the at and Natural concerned an exploration activite Subjected to the approve es. "i ical Agreement granting of 25 years |S not oes not apply to Inc. v. Ramos, i hn Thus, the provision In the Financ ne eed the eomtaiona eect fof he Constitution d ‘constitutional. Section 2, Ar rt! ation these agreements, (La BugaFB'Laan Tribal Association, 445 SCRA 1) have the oower to impose realty tax on the shority's (M AA's) Airport Lands and Buildings ed by local government for ment-owned or controlled Does the City of Paranaque Manila International Airport Au the following reasons. First MIAA is nol a govern! Gorporation but an instrumentality of the National Government and thus Seempt from local taxation. Second, the real properties of MIAA are owned by the Republic of the Philippines and thus exempt from real estale tax. (MIAA v. Court of Appeals, GF No 156650, July 20, 2006) May “government-owned or controlled corporations” be created by Congress thru special charters? Yes. When (2) tests are met: (1) common good and (2) economic viability. The Constitution expressly authorizes the legislature to create ‘government-owned or controlled corporations” through special charters only if these entties are required to meet the twin conditions of common good and economic viability In other words, Congress has no power to create government-owned or controlled corporations with special charters unless they are made to comply with the two conditions of common good and economic viability. Are the Airport Lands and Buildings subject to execution against MIAA? : No. MIAA is holding title thereto as mere trustee of the Republic of the Philippines because even its Executive cannol sign a deed of conve yance on behalf of the Republic. Only the President can sign such deed of conveyance More important, MIAA is an instrumentality of the government engaged in public utilities or public service as governmental functions. (id) May the Senate propose amendments not related to the t House Bills, dealing with VAT? subject mater of he No. Section 24, Art. VI of the Constitution provides Sec, 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debl, bills of local application, and private bills shall be51Q 52Q 530° 54a onginated exclusively in the Hou: propose or concur with amendments» “°PT?Seatatives but the Senate may However, a Conference Committee may include in it new provision not found in either the House Bill or the Senate | the inserted provisions are “germane to the subject of the House any one 2 Bilis" (Tolentino v. Secretary of Finance, 235 SCRA 630 [1994) noon EVAT Case, Seplember 1, 2005) ] cited in the Port an entirely What is the “Enrolled Bill Doctrine"? The signing cf the bill by the Speaker of the House and the Senate President and the Certification of the Secretaries of both Houses and Congress that it was passed are conclusive on its enaciment and compliance with the internal parliamentary rules. (Farifias v. Executive Secretary, 417 SCRA 503 [2003], cited in the EVAT case, September 1, 2005) What is the "No-Amendment Rule” of the Bill under the Constitution? What is the exception? Under Art VI, Sec. 26(2). of bill passed by either House shall become law unless it has passed 3 readings. Upon the last reading of a bill, no amendment thereto shall be allowed and the vote thereon shall immediately be taken thereafter This rule does not apply to the report of the Bicameral Conference Committee, othenwise there would be no end to negotiations since each house may seek modification of the compromise bill (Tolentino v. Secretary of Finance, 235 SCRA 630[1994)) Does the President have the constitutional authority to re-align and augment the budget from the savings from the budget for the implementation of other projects under the Office of the President? Yes. However, budget re-alignment or augmentation whereby savings from a particular project may be re-aligned to anather project in the same office does not allow cross border realignment to another branch of Government under the doctrine of separation of powers. Public funds not appropriated for specific purpose may not be disbursed Is the extradite entitled to bail? What is the basis for the right? An extradite is entitled to bail by approving that he is not a flight risk and will abide by the process of the extradition court. (Redriguez v. RTC Manila, Feb. 27. 2006, Hongkong v. Ofalia . April 19, 2007 What is the "knock and announce principle” in service of search warrant? State its exceptions. Police officers are obliged to give notice, show their authority and demand that they be allowed entry. They may only break open any outer or inner door of window of a house to execute the search warrant if, after such notice and demand, such officers are refused entry to the place and directed search.550: 56Q: 57Q 58Q: 590. This is known as the “knock and announce” principle which jg embodied in Anglo-American Law Unannounced intrusion into the premised is permissible when (a) a party whose premises or is entitled to the possession thereof refuses. upon demand, to open it, (b) when such persan in the premises already knew of the identity of the officers and of the r authority and persons, (c ) when the officers are justified in the honest belief that there 1s an imminent peril to life or limb. and (d) when those in the premises. aware of the presence of someone outside (because, for example, there has been a knock at the door), are then engaged in activity which justify the officers to believe that an escape or the destruction of evidence is being attenptec Is the imposition of the National ID systerr under £.O 420 constitutional? Yes £.0 420 was declared constitutional because it is limited to persons transacting with government agencies. AO. No 308 prescribing a National UD. System for all citizens was declared unconstitutional for being overbroad and vague which if implemented will put the people's right to privacy in clear and present danger. May irregularities in the conduct of elec:ion be raised in a pre-proclamation case? No, substitution of returns, terrorism of voters, and use of flying voters refer to the conduc of the election and cannot be raised in a pre-prociamation case (Lueman v. Commission on Elections, 462 SCRA 899) What are pre-prociamation controversies? Section 241 of the Omnibus Electicn Code provides that a pre-prociamation controversy refers to any question pertaining to or affecting the proceedings of the Board of Canvassers which may be raised by any candidale or by any registered political party or caalition of political parties before the Board or directly with the COMELEC Why are pre-prociamation cases not allowed as to election for national offices? The prohibition aims to avoid delay in the proclamation of the winner in the election, which delay might result in a vacuum in these sensitive posts Proceedings which may delay the proclamation af the winning candidate beyond the date set for the beginning of his term of office must be avoided, considering that the effect of said delay ts, in the case of national offices for which there is no hold over, to ‘eave the office withoul any mcumbent (Pimentel lil v. COMELEC, G.R. No. 178413, March 13, 2008) Petitioner and respondent were opposing candidates for mayor. During the canvass of the election returns, the counsel of respondent orally objected to the inclusion of several election returns on the ground that the envelopes containing the election returns did not have the proper seals, the election returns did not bear the signature of tte chairman of inspectors, and the election returns did not have the thumbprints of the members of the board of election inspectors. The board of canvassers did not rule on the objections, 10600: 61Q: 62Q = (yy) No. The night the contest inctuded ested election ret jaimed petitio lurns in the ci medi eremtted hie written obsess the eos course! ol respondent ‘nen Section returns. but ike pear inclusion in the canvass of the contested n fied petition to annul the proclamation of pet 5 i jule on it. Respondent May the proclamation be invalidated by the COMELEC? the ruling on the Yes the board of canvassers violated its duty to enter were not submitted oO Petitioner contends that the written objections Sahin? neously wih ine oral objections Submission of the written objections itvth ours from the time of the oral objections were made is compliance with the law The absence of the signature of the Chairman of the Board of Election Inspectors and the absence of thumbmarks of the members of Board of Election Inspector rendered the election returns materially defective under Section 234 of the Omnibus Election Code and are Propet subjects Of 8 pre-prociamation controversy. There beng no aling on the inclusion 94 exclusion of the disputed election returns, there was, no te and valid canvass, which is a prerequisite to a valid proclamation. je Commission on Elections, 472 SCRA 380) cution pending appeal? honty of the Commission OO Ne own decision, since the uthorized by Section Does the Comelec have the power 10 issue ex® Yes There is no reason to dispute the aul Elections to order immediate execution of suppletory application of the Rules of Court is expressly 1 Ble 41 of the COMELEC Rules of suveedure (Balgonda v. Commission on Elections, 452 SCRA643)_ There rest be good reasons, like the right OF the protestant to the office is clearly celabished Mere delay in the appeals is not good reason enough 10 grant execution pending appeal (Estarul v. Comelec, June 16, 2005) ‘Aran for mayor against B who was proclaimed, assumed and serve in office a Mayor for the first 2 years B's protest was granted and B served the remaining terms of one year (1) Can A collect the ‘salanes for the first two years? (2) IFA had previously served 2 terms, would he be barred from running for re-election? to salary is based on the right to office from di y ate of Ne mencement (Rodriguez v. Tan, 91 Phil, 724) of actual (2) No. because there is an interruption in his third term, ay plying b me srogy the rule that a Mayor who was served three (3) pncecutive terms may run in the recall election because there has been an rerrruption after service for three terms. If he cannot collect the salaries Morresponding to the first two years of his third term, there 1s no reason to count said two years against him instances when a foreigner may own lands in the Philippines? f f hereditary succession and (2) in case of a former Filipino ss in the What are the 2 (1) In case citizen coming home as balikbayan to engage in busines: 163Q 640, 650: Philippines. he may own rural land not exceeding three (3) hectares or commercial or industrial land not exceeding five thousand square meters. What do you think 1s the legally viadie solution under UNCLOS which would allow building of installations and artricial islands within the exclusive economic zone (EEZ) of the Phil pines? The solution is provided under UNCI.CS which by necessary implication allows builcing of mstailations and artificial islands within tne (EEZ) of the Philippines, by another party with tne authorization of the Philippines The curative authorization that would pave the way for an amicable settlement calls for the observance and respect by another party such as China of the UNCLOS, What is the legal anchor of the Presdent’s Authority to negotiate and conclude a bilateral agreement witr China on the exploitation, development and utilization of natural resources of the Philippines? The legai anchor on the President's Authority 1 provided in Section 2, Article Xil of the 1987 Philippine Constitution, wh ch reads as follows “The President may enter into agreements with foreign- owned corporations involving either technical or financial assistance for large-scale explcration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements. the State shali promote the develapment and use of local scientific and technical resources.” Solicitor General Jose Calida is 60% owner of the shares of stock of Vigilant Security Agency Inc. (VISAI) which enters in several contracts for security services with the government. 3G Calida resigned his position as President in VISAI but admits that he keeps his ownership of 60% of the shares of stock of VISAI Is the stock ownership of SG Calida in VISAI which enters into contracts with the government for securty services without his intervention an act of graft and corruption? Resolve the issue with reasons by providing the PROS and CONS? PROS in defense of SG Calida SG Calida resigned his 2osition as an officer of VISAI before assuming the Office of the Solicitor General He admits keeping his equity ownership in VISAI arguing that he has no conflict of interest since he did not intervene in the award of security services contracts by the Government because the contracts were not awarded by the Cffice of the Solicitor General 12CONS against SG Calida: The Constitution prohibits any deputies or assistants of the Presid to “be financially interested in any contract xxx xxx xxx granted Bn ee Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.” (Section 13, Article VII, 1987 Constitution). In Teves v. Sandiganbayan, GR No. 154182, December 17, 2004 Mayor Teves was convicted of violation of Section 3(h) of RA 3019. for possession of pecuniary or financial interest in the cockpit, despite the fact that intervention on his part as Mayor in awarding the permit was not present because the power to grant permit for operation of a cockpit belongs to the Sangguniang Pambayan - 00000 -