1.

The Sangguniang Panlungsod of San Martin passed a Resolution to manage their town
fiesta. The staging of Binibining San Martin was one of the activities. During the actual contest,
the stage collapsed, resulting in death of one of the candidates.

a. Is the City of San Martin liable for damages? Discuss.

b. In the alternative, are the local elective officials liable for damages? Discuss.

2.

a. Distinguish “amendment” from “revision” of the Constitution.

b. Discuss the two tests to determine whether a proposed change in the Constitution is an
amendment or a revision.

3. Willie, the proprietor of Cebu Export Forwarders Shipping Company, detected an unusual
odor emanating from the packages sent by Andrew Mortem for shipment to China. As a
standard operating procedure, Willie opened the package and found dried marijuana leaves
inside. Willie immediately notified the National Bureau of Investigation and submitted the
specimens to the Bureau for laboratory analysis, which yielded positive for illegal drugs. As a
result, the NBI charged Andrew Mortem for violation of the Dangerous Drugs Act. Was the
evidence obtained in violation of Andrew Mortem’s constitutional right against unreasonable
search and seizure? Discuss.

4. Juan Dela Cruz discovered that the police officers in Maguinhawa Police Station suspected
him of being Pedro Castro who was among the 50 accused in the Maguinhawa City Massacre.
Juan Dela Cruz appeared at the police station to clear his name, stating that he was not Pedro
Castro and that, as evidenced by his passport, he was in Thailand at that time. However, the
police officers detained him at the police station.

Aggrieved, Juan Dela Cruz filed a Petition for Habeas Corpus with the Court of Appeals, disputing
the legitimacy of his arrest and deprivation of liberty in light of the fact that the Information and
Warrant of Arrest all point to Pedro Castro, not Juan Dela Cruz, as the accused.

The Solicitor General moved to dismiss the Petition, arguing that since Juan Dela Cruz was
charged with a valid Information and a Warrant of Arrest, a petition for habeas corpus was no
longer availing, and the proper remedy was a Motion to Quash Information and/or Warrant of
Arrest.

Is a Petition for Habeas Corpus the proper remedy for Juan Dela Cruz? Discuss.

5. Cynthia was born to Filipino parents on January 17, 1973. She moved to America in 1995 to
work as a doctor. She used her savings to acquire a vast parcel of land in Davao City for
investment purposes. She became an American citizen in 2010. On the same year, she married
her American boss. In 2013, they divorced in America. Accordingly, Cynthia decided to
permanently reside in Cebu City. She wants to buy land to build her dream home. Based on
Philippine laws, can Cynthia buy an additional parcel of land consisting of 1,000 square meters?
Explain.

6. An Information for rape was filed against Pongpong at the Regional Trial Court. After his
arrest, Pongpong filed a Motion to Quash on the ground that the RTC had no jurisdiction over
the person of the accused. He maintained that the controversy is purely a dispute involving
indigenous cultural communities over which customary laws must apply in accordance with
their tribal justice system. Pongpong further claimed that private complainant AAA had already
brought her accusations against him before the concerned Council of Elders and that their Tribal
Court had issued a Resolution clearing him and declaring that he should be spared from criminal,
civil, and administrative liability.

Should the RTC Judge desist from proceeding with the rape case against the accused? Discuss.

7. In 1990, the Department of Public Works and Highways initiated an expropriation action for
the widening of N. Bacalso Avenue. Seventeen years later, the Regional Trial Court issued an
Order directing the payment of just compensation to Pedro Magtutudlo at P12,000.00 per
square meter for the three-hectare lot covered by TCT No. 10001. However, it denied payment
for the one-hectare lot covered by TCT No. 10002 considering that these were subdivision road
lots, which Pedro Magtutudlo no longer owned following the widening of the road, which
demonstrates a compulsion for subdivision owners (like Pedro Magtutudlo) to set aside open
spaces for free, for public use, such as roads, before the subdivision plan is approved and the
authority to sell is issued by the government authorities.

Is Pedro Magtutudlo entitled to receive just compensation for the subdivision road lot covered
by TCT No. 10002? Discuss.

8. Manny and Isko are two prominent politicians in Liwanag City. Isko defeated Manny in the
2013 local elections for the position of City Mayor. They ran for the same position in the 2016
elections, but Isko won. Manny filed an electoral protest on time. In the 2019 local elections,
Isko was re-elected as City Mayor pending the outcome of the case. The RTC subsequently
declared Manny to be the duly elected City Mayor in the 2016 local elections, but this decision
was promulgated a week after Isko took office on June 30, 2019. Given that Manny was the duly
elected City Mayor in the 2016 elections, Isko intends to run for the same position in the 2022
local elections. Is Isko still eligible for the position? Discuss.

9. The Katbalo Railway Company hired Ravij as a maintenance electrician. However, the
company requires all employees to wear the mandatory hard hat. Ravij justified his
noncompliance with the policy by claiming that as a Sikh, he should be allowed to wear his
turban as part of his religious beliefs. As a result, Ravij lost his job. Is the company's policy
inconsistent with the freedom to manifest one’s religion or beliefs? Discuss.

10. In the City of San Jose, an ordinance was passed requiring a permit from the mayor for any
construction or erection of a building. Marites questions the Ordinance's applicability to her
because her house was built on a naval base leased to the American armed forces. She
maintained that a naval base is an extension of a country's territory, and thus the City of San
Jose has no authority to exercise jurisdiction therein, as the area is part of foreign territory,
under lease to the American armed forces by virtue of the Military Bases Agreement of 1947. Is
her contention tenable? Explain.

11. Abundio Segundo is a Senator who is being detained in a jail facility pending trial on a charge
for illegal drug trade, a non-bailable offense. He filed a motion in the Regional Trial Court
requesting that he be permitted to fully discharge his duties as a Senator, including attendance
at legislative sessions and committee meetings. He asserts that pending criminal cases and
temporary detention do not preclude him from carrying out his mandate, as the sovereign
electorate chose him as their representative in the Senate. Should Abundio Segundo be allowed
to leave jail in order to attend to his duties as a Senator? Discuss.

12. James resigned as Chairman of the COA. As a result, Daniel, who was on his fourth year as a
COA Commissioner, was named the new COA Chairman. Shortly after, the Commission on
Appointments confirmed Daniel's appointment to serve as COA Chairman until 2021 only, which
coincides to his original 7-year term as a Commissioner. Daniel maintains that his appointment
as COA Chairman granted him a new term of seven years, which will expire in 2024. Is Daniel's
argument legally defensible? Discuss.

13. The Solicitor General filed a Petition for Quo Warranto, seeking to declare Justice Moreno's
appointment as Chief Justice of the Supreme Court null and void, on the ground that she made
false statements in her Statement of Assets, Liabilities, and Net Worth. In her two decades of
government service, she has filed only eleven SALNs.

According to Justice Moreno, since she resigned from a state university in 2006 and became a
private practitioner prior to being appointed Associate Justice, she has been treated as a private
practitioner and has only submitted her SALNs since becoming an Associate Justice. Additionally,
she argued that the Chief Justice may only be removed from office through impeachment.

Can the Supreme Court assume jurisdiction and give due course to the petition for quo warranto
against Justice Moreno? Discuss.

14. The President appointed Harry as acting Chairman of the Commission on Human Rights.
Later, the President decided to make Harry's appointment permanent, but he referred it to the
Commission on Appointments for confirmation. Harry has taken the oath of office and has
begun carrying out his assigned duties. The Commission on Appointments immediately sent him
a letter requesting information and documents related to his appointment. Harry defiantly
refuses to comply with such request on the ground that the President's appointment is
permanent and regular. Harry's refusal to submit the required documents eventually resulted in
the Commission on Appointments issuing a letter disapproving of his appointment. Was the
Commission on Appointments' nullification of Harry's appointment valid? Explain.
15. The Supreme Court – First Division found Judge Bitoy administratively liable and imposed a
P5,000.00 fine. He filed a Motion for Reconsideration, arguing that the First Division lacks the
authority to administratively discipline him because under the Constitution, the Supreme Court
en banc has that authority to discipline the judges. Is the Motion for Reconsideration
meritorious? Explain.

16. Following the campaign of the Philippine President to implement a nationwide curfew for
minors, the City of Sto. Niño started to strictly impose their curfew ordinance on minors through
police operations. The Ordinance declared the hours from 10:00 P.M. to 4:00 A.M. of the
following day as "Barangay Curfew Hours" for children and youths below eighteen (18) years of
age. Petitioner Samahan Ng Aktibong Mamamayan (SANAMA) filed a Petition for Certiorari
contending that the curfew ordinance is unconstitutional because there are no detailed
standards on how law enforcers should apprehend and properly determine the age of the
alleged curfew violators. SANAMA pointed out that the law enforcer's apprehension is entirely
subjective and is based solely on their visual assessment of the alleged curfew violators. As such,
the police operations result in arbitrary and discriminatory enforcement and, thus, fall under the
void for vagueness doctrine. Is the petitioner’s contention meritorious? Discuss.

17. AAA Company was granted by Congress a legislative franchise with a provision stipulating tax
exemption privileges. Such provision existed in the company’s franchise prior to the enactment
of the Local Government Code of 1991. The City of Mahayahay then passed an ordinance
imposing real property tax on all real properties located within the city limits and repealing all
previous exemptions. AAA Company maintained that under its franchise, its properties are
exempt from real property tax. Is AAA Company's argument valid? Discuss.

18. Mayor Mack was charged with grave misconduct and grave dishonesty in connection with
the anomalous construction of Citizen's Park during his previous term as mayor. Corrolarily, the
mayor was placed on preventive suspension for six months without pay pursuant to R.A. 6770 –
The Ombudsman Act. Can Mayor Mack be placed on preventive suspension during his second
term, despite the fact that the administrative case stems from infractions committed during his
first term? Explain.

19. A confidential informant sent a text message to the Chief of Police regarding a marijuana
courier who was traveling from Cebu City to Danao City with a backpack containing marijuana.
The informant tipped that the drug courier had boarded a bus bound for Danao City with plate
number ABC 123. The informant added that the man would be carrying a black and white
backpack. With this information, the police officers put up a checkpoint. Upon seeing the bus
bearing the said plate number approaching the checkpoint, the said vehicle was flagged down.
When the police officers boarded the bus, they noticed a man matching the informant's
description. The man was seated in the back row, with a backpack placed on his lap. The man
was asked to open the bag. When the man agreed, the police officers saw a transparent
cellophane bag containing dried marijuana leaves. Is this a valid search of a moving vehicle?
Discuss.

20. On October 1, 2021, Mr. A filed his certificate of candidacy for Mayor. He withdrew his COC
two days later. Mr. B, his party-mate and by virtue of the nomination from ABCD Political Party,
substituted him. Notwithstanding, the Commission on Elections denied Mr. B’s certificate of
candidacy on the ground that Mr. B could not have filed a valid certificate of candidacy because
he was under age. The COMELEC justified its action by claiming that any material
misrepresentation falls within its jurisdiction. Assuming no petition to deny Mr. B's certificate of
candidacy was filed, did the COMELEC act correctly? Discuss