SAINT LOUIS UNIVERSITY

A Bonifacio Street
2600 Baguio City, Philippines
Tel Nos (+6374) 442.3043 • 443.2001 • 444.8246 to 48
Fax (+6374) 442.2842
www.slu.edu.ph

Member • Association of Southeast Asian Institutions of Higher Learning (ASAIHL)

• Association of Southeast and East Asian Catholic Colleges and Universities (ASEACCU)
• Association of Catholic Universities of the Philippines (ACUP)
• Catholic Educational Association of the Philippines (CEAP)
• International Federation of Catholic Universities (IFCU)
• Philippine Association of Colleges and Universities (PACU)
School of Law • Philippine Accrediting Association of Schools, Colleges and Universities (PAASCU)

I. Typhoon Odette has caused great devastation and huge damage to the people of Bohol.
Landslides and flooding occurred due to the big volume of rains Typhoon Odette dumped
into the island. Part of the rehabilitation effort undertaken was to construct flood control
canal. The Regional Director of the Department of Public Works and Highways (DPWH)
identified the land where the “canal” will be built. The DPWH finished the construction in
record time. The “canal” traversed the land of Isko who demanded that payment be made by
the government for the value of his land. Despite such demand, DPWH would not hear any
of it. Isko thus sued DPWH and impleaded likewise the Regional Director. The Regional
Director moved for the dismissed of the suit on the ground that the DPWH being an agency
of the government that is performing jure imperii cannot be sued without its consent.

a) Is the Regional Director correct? Why? (5 pts)

b) Who, if any, can be made liable? The DPWH or the Regional Director or both? Explain.
(5 pts)

II. The Bulacan State University (BSU), an incorporated public Higher Educational Institution
(HEI), was sued by some of its non-teaching staff and personnel for recovery of salary
differentials and overtime pay. The BSU moved to dismiss the case arguing that the suit was
actually against the State since BSU was a government agency engaged in the education of
the youth, a governmental function.

Should the case against BSU be dismissed? Explain. (5 pts)

III. The Supreme Court is the most powerful Department in the government because it can annul
acts of the President and invalidate acts of Congress.
Do you agree or disagree? Explain. (5 pts)

IV. Due to the decreasing number of COVID-19 cases, Baguio City staged the Panagbenga 2022.
In the course of the street parade, a horse got loose and ran into the crowd causing injuries to
some of the spectators. Arthur, one of the injured, filed a damage suit against the city.

a) Is Baguio City suable? Explain. (5 pts)

b) Is Baguio City liable? Explain. (5 pts)

 V. Because of Russia’s invasion of Ukraine, the debate on the need of a mandatory military
training and service in the defense of the Philippines, has resurfaced. This is fueled also by
the threat posed by China of its territorial claim of almost the whole of South China Sea.

a) Can the Philippine government require mandatory military training and service of its
people? Why and on what basis? (5 pts)

b) Can private citizen Benjamin hire the services of Karlo Dalisay to take his place in the
defense of the Philippine? (5 pts)

VI. The Department of Tourism (DOT) has entered into a contact with Company Zuma, an
advertising company, for the latter to come up with a print ad promotion of the Philippines as
an excellent tourism destination. Company Zuma failed to deliver the print ad within the
period agreed upon. Henceforth, DOT filed a case for damages against Company Zuma. In
turn, Company Zuma filed a counterclaim against DOT. Invoking state immunity, DOT
moved for the dismissal of the counterclaim. The Court granted the motion of the DOT
declaring that DOT being a part of the government machinery has no separate legal
personality. Also, DOT asserted that it has not given its consent to the sued.

Is the court correct? Explain. (5 pts)

VII. President Dukinse, in his desire to have his chosen presidential candidate in the 2022 national
elections, be assured of winning the race, he courted the different religious groups by
donating equal sum of money to them to remove suspicion of favoritism or discrimination.
He also asked his partymates in Congress to draft a bill for the establishment of a Department
of Religious Affairs.
Did the acts of the President run afoul (violate) the Constitution? Explain fully by stating
constitutional provisions as your basis. (5 pts)

VIII. Upon the discovery of the COVID-19 in the Philippines, and upon the recommendation of
the Department of Health (DOH), the President asked the Congress to confer on him
emergency powers. While the bill was still being deliberated in Congress, because time is of
the essence, the President issued executive orders (E.O.) (with the force and effect of laws)
successively. A provision in the E.O.’s provides that the E.O.’s will continue to be enforced
unless withdrawn by a subsequent E.O.

a) May the Congress give legislative power to the President? State your constitutional basis.
(5 pts)

b) Are the E.O.’s issued by the President valid? (5 pts)

IX. Discuss the modes of amending or revising the constitution. (5 pts)

 X. The Bureau of Internal Revenue made an assessment of the tax liability of Tonyo. Before the
due date, Tonyo paid the assessed taxes. Months thereafter, it was discovered that the taxes
he paid was unlawfully assessed. After availing of remedies under the law, he was unable to
recover the taxes. His lawyer advised him that he can file a suit against the tax collector
concerned to recover the taxes he paid plus damages which he did.

The tax collector invoked the non-suability of the State. Is he correct? Explain. (5 pts)

XI. Anabel was born in the Philippines of Filipino parents in 1970. In 2001, she became an
American citizen. In 2004, she took her oath of allegiance to the Philippines pursuant to R.A.
No. 9225. In 2015, she ran for senator and won. Susan filed a protest against her before the
Senate Electoral Tribunal (SET) alleging that she is not qualified to sit as Senator because
she is not a natural-born citizen of the Philippines. Since a protest has been lodged before it,
the SET came out with its Rules of Procedure to resolve the protest. The Rules of Procedure
was challenged as unconstitutional because such act of the SET is not expressly authorized
by the Constitution.

a) Will you uphold the validity the SET Rules of Procedure? Why? (5 pts)

b) Does Anabel possess the requisite citizenship to qualify as Senator? Why? (5 pts)

XII. Tecson has dreamt of working in Europe as a nurse where his aunt has been residing for 20
years already. Hence, he enrolled in B.S. Nursing at Saint Vincent University, a private
catholic school. The policy of the University states that he should obtain a general weighted
average at least 82 and no failure in any subject in the first two years of his curriculum.
When he was enrolled in his third year, he was denied admission because, although he
obtained a general weighted average of 83.5, he failed in two subjects which he eventually
passed when he took up the same again during the summer term.
Tecson sued the University invoking the State’s policy to give priority to education, science
and technology and his right to due process.
Decide the case. (5 pts)

XIII. Mr. Vladimir Putinsky, a Russian citizen was on his second year of residing in the
Philippines when a complaint for active involvement in the Philippines national elections was
filed against him. While his case is still pending, the President ordered his deportation. Mr.
Putinsky’s lawyer challenged the act of the President by saying the Constitution does not
expressly grant the President the power to deport undesirable aliens and so his act is
unconstitutional and unlawful.
Is Mr. Putinsky’s lawyer correct? (5 pts)
XIV. Delegation of legislative power to the people is a surrender of the law-making power of the
Legislative Department cannot be done given that the Philippines adopts a representative
democracy.
Is the above correct? Explain. (5 pts)

XV. Sta. Lucia was a very peaceful town. However, with the advent of modern technology, the
lifestyle of the people therein has changed, from being quite conservative to very modern.
Many night clubs sprang and other entertainment establishments proliferated so much so that
the town attracted many local as well as foreign visitors. Words spread that prostitutes have
made the town their haven. Sexually transmitted diseases were reported to be on the rise in
an alarming speed. Concerned about the public health and morals of his constituents, the
town mayor issued an order to have all the prostitutes be “vanished” from the town and have
them relocated to a distant place.
Is the act of the mayor in accordance with the notion of a democratic and a republic state?
Explain. (5 pts)