Suggested Answer:

1.a
I will advise Mami that the crime for which Circo was convicted does not necessarily involved
moral turpitude. As general rule, crimes mala in se involve moral turpitude while crimes mala
prohibita do not. Possession of pecuniary or financial interest in a cockpit is mala prohibita as it
was prohibited by the Local Government Code, but not inherently immoral. The doing of the act
itself, and not its prohibition by statute fixes the moral turpitude.
However, if Mami could prove that Circo hid his financial interest in the said cockpit despite his
knowledge of the prohibition and attempted to circumvent the same by declaring that the said
cockpit is owned by another, then the crime committed by Circo involves moral turpitude
because as a public official, such act is considered a betrayal of the trust reposed on him by the
people.
Mami can therefore file a disqualification case against Circo on the ground that the latter was
convicted of a crime involving moral turpitude.

2. Yes. Mami can still file a disqualification case against Circo if she could prove that the latter’s
conviction in the crime of possession of pecuniary or financial interest in a cockpit is tainted with
betrayal of public trust qualifying the same to a crime involving moral turpitude even if Circo
applied and was granted probation.
In a similar case decided by the Supreme Court, conviction of crime involving moral turpitude
subsists and remains totally unaffected notwithstanding the grant of probation.

3. I will definitely grant Sen. Ponch’s petition to nullify the Act as well as the Comelec
Resolution prescribing mandatory drug testing of candidates for public office in connection with
the May 2022 National Elections.

The list of qualifications for National Elections provided in the Constitution is exclusive and
could not be enlarged by ordinary legislation. In the same vein, the Comelec cannot, in the
enforcement and implementation of election laws, may validly impose qualifications on
candidates for National Election to what the Constitution prescribes.
It is basic that if a law or an administrative rule violates any norm of the Constitution, that
issuance is null and void and has no effect. Hence, both the said Act and Comelec Resolution
must be struck down.

3.(b) Yes. While the 1987 Constitution does not enumerate qualifications for local elective
officials in that it merely authorized Congress to enact a local government code that provides
qualifications and election of local officials, the prohibition against enlargement of such
qualification requirements still applies by implication.

Accordingly, the said Act and Comelec Resolution cannot be validly impose to require Sen.
Porch to undergo drug testing even if he seeks for local elective position.