LAST MINUTE TIPS

POLITICAL LAW
BAR EXAMINATIONS 2022

I. BASIC CONCEPTS UNDER THE 1987 CONSTITUTION

1. How is the State’s consent to be sued given?

a. Express consent – Effected only by will of the legislature through the medium of a duly enacted
statute; may be embodied either in a general law or a specific law.
b. Implied consent – There is implied consent: (a) when the State enters into a business contract
or itself commences litigation; (b) if the government files a complaint, defendant may file a
counterclaim against it; (c) when the State files complaint, suability will result only where the
government is claiming affirmative relief from the defendant; (d) when it would be inequitable for
the State to invoke its immunity; and (e) in instances when the State takes private property for
public use or purpose. (DOTC vs. Spouses Abecina, G.R. No. 206484, June 29, 2016)

Implied consent on the part of the State to be subjected to suit is given when the State enters into
a contract. In this situation, the government is deemed to have descended to the level of the other
contracting party and to have divested itself of its sovereign immunity. However, not all contracts
entered into by the government operate as a waiver of its non-suability; distinction must still be
made between one which is executed in the exercise of its sovereign functions and another which
is done in its proprietary capacity. (Philippine Textile Research Institute vs. CA, G.R. No. 223319, October 9, 2019,
J. Caguioa)

2. Discuss the rule on seizure of government funds by virtue of writ of execution or

garnishment.

The general rule is that government funds cannot be seized by virtue of writs of execution or
garnishment. The exception is when the disbursement of public funds is already covered by
corresponding appropriation required by law, however, the claimant still has to go through the
appropriate procedure for making a claim against the government. (Republic vs. Fetalvero, G.R. No. 198008,
February 4, 2019)

Note: If the fund belongs to a government corporation, which can sue and be sued and are deposited
with a bank, then, the said fund can be garnished. (PNB vs. Pabalan, G.R. No. L-33112, June 15, 1978)

If the local legislative authority refuses to enact a law appropriating the money judgment rendered by
the court, the winning party may file a petition for mandamus to compel the legislative authority to
enact a law. (Municipality of Makati vs. CA, G.R. Nos. 89898-99, October 1, 1990)

3. What are the requisites for a valid transfer of appropriated funds under Sec. 25(5), Article
VI of the 1987 Constitution?

a. There is a law authorizing the President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of the Constitutional
Commissions to transfer funds within their respective offices;
b. The funds to be transferred are savings generated from the appropriations of their respective
offices; and
c. The purpose of the transfer is to augment an item in the General Appropriations Act (GAA) for their
respective offices.

Note: Savings refer to portions or balances of any programmed appropriation in the GAA free from
any obligation or encumbrance. (Araullo vs. Aquino, G.R. No. 209287, July 1, 2014)

II. GENERAL PRINCIPLES OF TAXATION

4. What are the purposes of taxation?

1. Revenue-raising purpose – to defray the necessary expenses of the government

2. Special or regulatory purposes (Non-revenue purposes) – (PR2EP)
a. Promotion of general welfare – used to implement police power.
b. Regulation – levied on excises or privileges for purposes of rehabilitation or stabilization of
threatened industry which is affected by public interest or to discourage consumption of harmful
products.
c. Reduction of Social Inequity – made possible through the progressive system of taxation where
the objective is to prevent the undue concentration of wealth in the hands of few individuals.

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 d. Encouragement of economic growth – tax incentives and reliefs may be granted to encourage
investment.
e. Protectionism – for the protection of local industries, in case of foreign importations, protective
tariffs and customs duties and fees. (Soriano, et.al, The Tax Reviewer, 2021, p. 5)

5. What are the theories and bases of taxation?

a. Lifeblood Theory – Taxes are the lifeblood of the government and so should be collected without
unnecessary hindrance.
b. Necessity Theory – The State cannot continue without the means of paying for its existence;
hence, it has the right to compel all citizens and property within its power to contribute for the same
purpose.
c. Benefits-Protection Theory (Doctrine of Symbiotic Relationship) – Taxation arises because of
the reciprocal relation of protection and support between the state and the taxpayers. The state
gives protection and for it to continue giving protection, it must be supported by taxpayers in the
form of taxes. (Commissioner of Internal Revenue vs. Algue, Inc, G.R. No. L-28896, February 17, 1988)

6. What are the characteristics of taxation (CUPS)?

a. Comprehensive – It reaches to every trade or occupation; to every object of industry, use, or

enjoyment; to every species of possession; and it imposes a burden which, in case of failure to
discharge it, may be followed by seizure and sale or confiscation of property.
b. Unlimited - It is so unlimited in force and searching in extent that courts scarcely venture to declare
that it is subject to any restrictions, except those that such rests into the discretion of the authority
which exercises it.
c. Plenary – It operates on all persons and property belonging to the body politic. This is an original
principle, which has its foundation in society itself. It is granted by all for the benefit of all.
d. Supreme – No attribute of sovereignty is more pervading, and at no point does the power of the
Government affect more constantly and intimately all the relations of life than through the exactions
made under it. (Tio vs. Videogram Regulatory Board, G.R. No. L-75697, June 18, 1987)

7. What are the Inherent Limitations on Taxation?

a. Public Purpose - The proceeds of tax must be used (a) for the support of the State; or (b) for
some recognized objective of the government or to directly promote the welfare of the community.
b. Non-delegability of the Taxing Power - Only the legislature has the full discretion as to the
persons, property, occupation or business to be taxed provided these are all within the State’s
territorial jurisdiction. It can also fully determine the amount or rate of tax, the kind of tax to be
imposed and method of collection.
c. Territorial - Taxation may be exercised only within the territorial jurisdiction, the taxing authority.
Within the territorial jurisdiction, the taxing authority may determine the “place of taxation” or “tax
situs.
d. International Comity - It refers to the respect accorded by nations to each other because they
are sovereign equals. Thus, the property or income of a foreign state may not be the subject of
taxation by another State.
e. Exemption from Taxation of Government Entities - Properties of the national government as
well as those of the local government units are NOT subject to tax, otherwise, it will result in the
absurd situation of the government "taking money from one pocket and putting it in another.

8. What are the Constitutional Limitations on Taxation?

Provisions Directly Affecting Taxation: (PUPTONTSV):

1. Prohibition Against Imprisonment Non – Payment of Poll Tax (Section 20, Article III, 1987
Constitution)
2. Uniformity and Equality of Taxation (Section 28(1), Article VI, 1987 Constitution)
3. Progressive System of Taxation (Section 28(1), Article VI, 1987 Constitution)
4. Grant by Congress of Authority to the President to Impose Tariff Rates (Section 28 par. 2, Article
VI, 1987 Constitution)
5. Appropriation, revenue, tariff bill must exclusively originate in the House of Representatives
6. Prohibition Against Taxation of Religious, Charitable Entities, and Educational Entities (Section
28(3), Article VI of the 1987 Constitution)
7. Prohibition Against Taxation of Non-Stock, Non-Profit Institutions (Section 4(3), Article XIV, 1987
Constitution)
8. Majority Vote of Congress for Grant of Tax Exemption (Section 28 (4), Article VI, 1987
Constitution)
9. Prohibition on Use of Tax Levied for Special Purpose Section 29(3), Article VI of the 1987
Constitution)

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 10. President’s Veto Power Appropriation, Revenue or Bills (Section 27 (2), Article VI, 1987
Constitution)
11. Non-Impairment of Jurisdiction of the Supreme Court (Section 2, Article VIII, 1987 Constitution)
12. Grant of Power to the Local Government Units to Create its Own Sources of Revenue (Section 5,
Article X, 1987 Constitution)
13. No Appropriation or Use of Public Money for Religious Purposes (Section 29(2), Article VI, 1987
Constitution)

Provisions Indirectly Affecting Taxation

14. Due Process (Section 1, Article III ,1987 Constitution)
15. Equal Protection (Section 1, Article III, 1987 Constitution)
16. Non-impairment of obligations and contracts (Section 10, Article III, 1987 Constitution)
17. Religious Freedom (Section 5, Article III, 1987 Constitution)

9. Is there a direct prohibition of double taxation by the 1987 Constitution?

There is no constitutional prohibition against double taxation in the Philippines. It is something not
favored, but is permissible, provided some other constitutional requirement is not thereby violated. The
imposition of taxes on the same property twice when it should be taxed only once is violative of the due
process and equal protection clause as it is “obnoxious” to the taxpayer. This rule is only applicable to
direct duplicate double taxation. (Villanueva vs. City of Iloilo, G.R. No. L-26521, December 28, 1968; Nursery Care
Corporation, et al v. Acevedo, G.R. No. 180651, 30 July 2014)

10. Distinguish Power of Taxation, Police Power, and Eminent Domain.

Taxation Police Power Eminent Domain
Authority Government or its political subdivision. Government or public
service companies and
public utilities.
Purpose To raise revenue in Promotion of general To facilitate the taking of
support of the welfare through private property for
Government. Regulation regulations. public purpose.
is merely incidental.
Person Upon the community or Upon the community or On an individual as the
Affected class of individuals. class of individuals. owner of a particular
property.
Amount of No ceiling except Limited to the cost of No imposition, the owner
monetary inherent limitations. regulation, issuance of is paid the fair market
imposition license, or surveillance. value of his property.
Benefits Protection of a secured Maintenance of healthy The person receives just
received organized society, economic standard of Compensation, the fair
benefits received from society, intangible market value of the
government, no direct altruistic feeling that he property taken from him.
benefit. has contributed to the There’s direct benefit.
general welfare, no direct
benefit.
Non- Tax laws generally do Contracts may be Contracts may be
impairment not impair contracts impaired. impaired.
of contracts unless the government
is party to contract
granting exemption for a
consideration.

11. Distinguish Tax Avoidance and Tax Evasion.

Tax Avoidance Tax Evasion
Legal and not subject to criminal penalty. Illegal and subject to criminal or civil penalty.
Accomplished by legal procedures or means which Accomplished by breaking the letter of the
may be contrary to the intent of the law yet do not law.
violate the letter of the law.
Minimization of taxes. Almost always results in the absence of tax
payments.

12. When can a non-stock, non-profit institution be exempted from income tax?

For a non-stock non-profit hospital to be completely exempt from income tax, Sec. 30(E) and (G) of
the Tax Code requires that said institution should operate exclusively for charitable or social welfare
purposes. But in case that non-stock non-profit hospital earns income from its for-profit activities,

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 the subject hospital shall only be subject to income tax insofar as the income derived from its profit
activities, but only at the preferential income tax rate of 10% based on its taxable income, regardless
of the disposition made of such income, pursuant to Sec. 27(B), in relation to the last paragraph of
Sec. 30 of the Tax Code. (CIR vs. St. Luke’s Medical Center, G.R. No. 20-3514, February. 13, 2017)

13. What is the exception to the Principle of Strictissimi Juris in Tax Exemption?

The Principle of Strictissimi Juris in Tax Exemption, in which tax exemptions are construed strictly
against the taxpayer and liberally in favor of the taxing authority, does not apply when the taxpayer
falls within the purview of the exemption by clear legislative intent. In this situation, the rule of liberal
interpretation applies in favor of the grantee and against the government. Accordingly, exemptions
granted to minimum wage earners should be liberally interpreted in favor of the taxpayers. (Soriano
vs Secretary of Finance, G.R. No. 184450, January 24, 2017)

III. LEGISLATIVE DEPARTMENT

14. Is there undue delegation of legislative power to DepEd, CHED and TESDA in the
enactment of the K-12 Law? Discuss the two tests on determining whether a statute
constitutes an undue delegation of legislative power.

No. There is no undue delegation of legislative power in the enactment of the K-12 Law. In determining
whether a statute constitutes an undue delegation of legislative power, the Court has adopted two
tests: the completeness test and the sufficient standard test. Under the first test, the law must be
complete in all its terms and conditions when it leaves the legislature such that when it reaches the
delegate, the only thing he will have to do is to enforce it. The policy to be executed, carried out or
implemented by the delegate must be set forth therein. The sufficient standard test, on the other hand,
mandates adequate guidelines or limitations in the law to determine the boundaries of the delegate's
authority and prevent the delegation from running riot. To be sufficient, the standard must specify the
limits of the delegate's authority, announce the legislative policy and identify the conditions under
which it is to be implemented.

Under the two tests, the K-12 Law, read and appreciated in its entirety, is complete in all essential
terms and conditions and contains sufficient parameters on the power delegated to the DepEd, CHED
and TESDA. The purpose of permissible delegation to administrative agencies is for the latter to
"implement the broad policies laid down in a statute by 'filling in' the details which the Congress may
not have the opportunity or competence to provide." With the proliferation of specialized activities and
their attendant peculiar problems, the legislature has found it necessary to entrust to administrative
agencies, who are supposed to be experts in the particular fields assigned to them, the authority to
provide direct and efficacious solutions to these problems. This is effected by the promulgation of
supplementary regulations, such as the K-12 IRR jointly issued by the DepEd, CHED and TESDA and
the Joint Guidelines issued in coordination with DOLE, to address in detail labor and management rights
relevant to implementation of the K-12 Law. (Council of Teachers and Staffs of Colleges and Universities of the
Philippines vs. Secretary of Education, G.R. No. 216930, October 9, 2018, J. Caguioa)

15. What is the Enrolled Bill Doctrine?

Under the Enrolled Bill Doctrine, the signing of a bill by the Speaker of the House and the Senate
President and the certification of the Secretaries of both Houses of Congress that it was passed is
conclusive not only as to its provisions but also as to its due enactment. The rationale behind the
enrolled bill doctrine rests on the consideration that "the respect due to co-equal and independent
departments requires the Judiciary to act upon that assurance, and to accept, as having passed by
Congress, all bills authenticated in the manner stated; leaving the court to determine, when the
question properly arises, whether the Act, so authenticated, is in conformity with the Constitution."
(Council of Teachers and Staffs of Colleges and Universities of the Philippines vs. Secretary of Education, G.R. No. 216930,
October 9, 2018, J. Caguioa)

16. What is the period of imprisonment under the Senate’s power of contempt during inquiries
in aid of legislation?

The period of imprisonment under the Senate’s inherent power of contempt during inquiries in aid of
legislation only last until the termination of the legislative inquiry under which the said power is invoked.
Senate’s Legislative inquiry terminates: (a) upon the approval or disapproval of the Committee Report;
and (b) upon the expiration of one term of Congress. (Balag vs. Senate of the Philippines, G.R. No. 234608, July
3, 2018)

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 IV. EXECUTIVE DEPARTMENT

17. What is the Doctrine of Qualified Political Agency (Alter-Ego Principle)?

The Doctrine of Qualified Political Agency (Alter-Ego Principle) recognizes the establishment of a single
executive, all executive and administrative organizations are adjuncts of the Executive Department, the
heads of the various executive departments are assistants and agents of the Chief Executive, and
except in cases where the Chief Executive is required by the Constitution to act in person or the
exigencies of the situation demand that he act personally, the multifarious executive and administrative
functions of the Chief Executive are performed by and through the executive departments, and the
acts of the Secretaries of such department performed and promulgated in the regular course of
business are, unless disapproved or reprobated by the Chief Executive presumptively acts of the Chief
Executive. (DENR vs. DENR Region XII Employees, GR No. 149724, August 19, 2003)

18. May the President validly exercise emergency power motu proprio? If not, what are the
requisites for Congress to validly delegate emergency powers to the President?

No. Emergency power is merely a delegated power from Congress. The following are the requisites for
valid delegation of emergency powers to the President:
a. There must be war, or other national emergency;
b. The delegation must be for a limited period only (not indefinite);
c. It is always subject to such restrictions as Congress may prescribe and;
d. It must be pursuant to a declared national policy. (Sec. 23 (2), Art. VI, 1987 Constitution).

19. What are the parameters for determining the sufficiency of factual basis of declaration of
Martial Law or Suspension of the privilege of the Writ of Habeas Corpus?

a. Actual rebellion or invasion;

b. Public safety requires it;
c. There is probable cause for the President to believe that there is actual rebellion or invasion.

Note: “Sufficiency of Factual Basis” should be understood as the only test for judicial review of the
President's power to declare martial law and suspend the Privilege of the Writ of Habeas Corpus.
Accuracy is not the same as sufficiency as the former requires a higher degree of standard. (Lagman vs.
Medialdea, G.R. No. 231658, 231771 & 231774, July 4, 2017)

20. Discuss the veto power of the President.

The President shall have the power to veto any particular item or items in an appropriation, revenue,
or tariff bill, but the veto shall not affect the item or items to which he does not object. The presentment
of appropriation, revenue or tariff bills to the President, wherein he may exercise his power of item-
veto, forms part of the “single, finely wrought and exhaustively considered, procedures” for law-
passage as spe2022cified under the Constitution. (Belgica vs. Ochoa, G.R. No. 208566, November 9, 2013)

V. JUDICIAL DEPARTMENT

21. Does the Supreme Court’s rule-making power include the study of law?

No. The Court’s exclusive rule-making power covers the practice of law and not the study of law. The
practice of law has a settled jurisprudential meaning: “The practice of law is not limited to the conduct
of cases or litigation in court. Practice of law under modern conditions consists in no small part of work
performed outside of any court and having no immediate relation to proceedings in court. It embraces
conveyancing, the giving of legal advice on a large variety of subjects, and the preparation and
execution of legal instruments covering an extensive field of business and trust relations and other
affairs. Although these transactions may have no direct connection with court proceedings, they are
always subject to become involved in litigation.” This definition of the practice of law, no matter how
broad, cannot be further enlarged as to cover the study of law. (Pimentel vs. LEB, G.R. No. 230642, September
10, 2019)

22. Actions are considered “moot” when it no longer presents a justiciable controversy.
Enumerate the exceptions to this rule.

a. There is a grave violation of the Constitution;

b. The exceptional character of the situation and the paramount public interest are involved;
c. When the constitutional issue raised requires formulation of controlling principles to guide the
bench, the bar, and the public; and
d. The case is capable of repetition yet evading review. (ISSAI vs. Greenpeace Southeast Asia, G.R. No. 209271,
July 26, 2016)

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23. Explain the Doctrine of Political Question.?

Those questions which, under the Constitution, are to be decided by the people in their sovereign
capacity. Those in regard to which full discretionary authority has been delegated to the legislative or
executive branch of the government. It is concerned with questions of policy and issues dependent
upon the wisdom, not legality of a particular measure. (Ocampo vs. Enriquez, G.R. No. 225973, November 8, 2016)

24. Explain the parameters used by the Supreme Court in exercising Judicial Review over three
important powers of the President.
Power to Power to suspend Calling Out Power
declare the privilege of
Martial Law the writ of habeas
corpus
The Supreme Court may review, in an GR: Factual determination of the President’s power to call out
appropriate proceeding filed by any the Armed Forces is a Political Question. When the President
citizen, the sufficiency of the factual calls the armed forces to prevent or suppress lawless
basis of the proclamation of martial law violence, invasion or rebellion, he necessarily exercises a
or the suspension of the privilege of discretionary power solely vested in his wisdom as there is no
the writ or the extension thereof, and provision dealing with the revocation or review of the
must promulgate its decision thereon President’s action to call out the armed forces in Sec. 18, Art.
within thirty days from its filing. (Sec. 18, VII as compare with the proclamation of martial law or
Article VII, 1987 Constitution) suspension of the privilege of the writ of habeas corpus.
XPN: While this Court has no power to substitute its
judgment for that of Congress or of the President, it may look
into the question of whether such exercise has been made in
grave abuse of discretion.

VII. BILL OF RIGHTS

25. Distinguish the Void-for-Vagueness Doctrine from the Overbreadth Doctrine and Facial
Challenge from As-applied Challenge.
VOID-FOR-VAGUENESS OVERBREADTH DOCTRINE
A statute or act suffers from the defect of vagueness Decrees that a governmental purpose to
when it lacks comprehensible standards that men of control or prevent activities
common intelligence must necessarily guess at its constitutionally subject to state
meaning and differ as to its application. It is repugnant regulations may not be achieved by
to the Constitution in two respects: (a) it violates due means which sweep unnecessarily
process for failure to accord persons, especially the broadly and thereby invade the area of
parties targeted by it, fair notice of the conduct to protected freedoms.
avoid; and (b) it leaves law enforcers unbridled
discretion in carrying out its provisions and becomes
an arbitrary flexing of the Government muscle.
FACIAL CHALLENGE AS-APPLIED CHALLENGE
An examination of the entire law, pinpointing its flaws Considers only extant facts affecting real
and defects, not only on the basis of its actual litigants.
operation to the parties, but also on the assumption
or prediction that its very existence may cause others
not before the court to refrain from constitutionally
protected speech or activities
(Southern Hemisphere Engagement Network vs. Anti-Terrorism Council, G.R. No. 178552, October 5, 2010)

26. Bote, the mayor of General Tinio, Nueva Ecija, and San Pedro Cineplex Properties, Inc.
(SPCPI) had a legal dispute over a real property. Bote is the representative of the heirs of
Enano, who claimed to be the rightful owners of the disputed property in a quieting of title
case. SPCPI alleged that before learning of the said decision, Bote went to the disputed
property and brought along a group of armed men to harass the security guards hired by
the SPCPI to secure the premises. The armed men allegedly destroyed the fence and tried
to enter. When the security guards tried to stop them, the latter started firing at them.
SPCPI alleged that by these acts Bote violated its rights under Section 1, Article III of the
1987 Philippine Constitution. Is the contention correct?

No. Section 1, Article III as part of the Bill of Rights under the 1987 Constitution, was intended to
preserve and guarantee the life, liberty, and property of persons against unwarranted intrusions of the
State. Absent government interference, the Bill of Rights cannot be invoked against private individuals
or in cases where there is no participation by the State either through its instrumentalities or persons

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 acting on its behalf. Here, Bote was acting in his personal capacity, and the incident arose from a
private dispute between Bote and SPCPI involving a private property . (Bote vs. San Pedro Cineplex Properties,
Inc., G.R. No. 203471, September 14, 2020, J. Caguioa)

27. Distinguish “Political Speech” and “Commercial Speech”.

Political speech refers to speech both intended and received as a contribution to public deliberation
about some issue, fostering informed and civic-minded deliberation. On the other hand, commercial
speech has been defined as speech that does no more than propose a commercial transaction. The
expression resulting from the content of the tarpaulin is, however, definitely political speech. (The
Diocese of Bacolod vs. COMELEC, G.R. No. 205728, January 21, 2015)

28. Explain the three (3) tests to determine reasonableness of classification.

STRICT SCRUTINY TEST
A classification either: (a)
interferes with the exercise of
fundamental rights, including the
basic liberties guaranteed under
the Constitution, or (b) burdens
suspect classes.
The burden is upon the
government to prove that the
classification is necessary to
achieve a compelling state
interest and that it is the least
restrictive means to protect such
interest.
INTERMEDIATE TEST RATIONAL BASIS TEST
A classification does not involve Applies to all other subjects not
suspect classes or fundamental covered by the first two tests.
rights, but requires heightened
scrutiny, such as in classifications
based on gender and legitimacy.
The government must show that The challenged classification
the challenged classification needs only be shown to be
serves an important state rationally related to serving a
interest and that the legitimate state interest.
classification is, at least,
substantially related to serving
that interest.

29. What are the requisites of a valid warrant?

The requisites for a valid warrant are:

a. it must be issued upon "probable cause";
b. probable cause must be determined personally by the judge;
c. such judge must examine under oath or affirmation the complainant and the witnesses he may
produce; and
d. the warrant must particularly describe the place to be searched and the persons or things to be
seized.

At the heart of these requisites, however, is that the intrusion on a citizen's privacy – whether it be in
his own person or in his house —must be based on probable cause determined personally by the judge.
In other words, the magistrate authorizing the State-sanctioned intrusion must therefore himself or
herself be personally satisfied that there is probable cause to disturb the person's privacy. (People vs.
Gabiosa Sr., G.R. No. 248395, January 29, 2020, J. Caguioa)

30. Is there a valid warrantless search and seizure based solely on confidential or tipped
information?

No. In situations involving warrantless searches and seizures, law enforcers cannot act solely on the
basis of confidential or tipped information. A tip is still hearsay no matter how reliable it may be. It is
not sufficient to constitute probable cause in the absence of any other circumstance that will arouse
suspicion. (People vs. Sapla, G.R. No. 244045, June 16, 2020, J. Caguioa)

31. Valmores, a member of the Seventh-day Adventist Church, believes in the strict observance
of the Sabbath. To avoid potential conflict between his academic schedule and his church's
Saturday worship, Valmores wrote a letter to his professor, requesting that he be excused
from attending his classes in the event that a regular weekday session is rescheduled to a
Saturday. Despite his request for exemption, no accommodation was given. As a result,
Valmores received a failing grade for that particular module and was considered ineligible
to retake the exam. Valmores elevated the matter before the CHED. The President of the
university instructed to enforce the 2010 CHED Memorandum but no response was given.

Valmores brings his cause before the Court by a petition for Mandamus based on his
constitutional right to freedom of religion, which he argues was violated when they refused
to enforce the 2010 CHED Memorandum. Will the petition prosper?

Yes. Religion as a social institution is deeply rooted in every culture; it predates laws and survives
civilizations. The Constitution guarantees the freedom to believe absolutely, while the freedom to act

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 based on belief is subject to regulation by the State when necessary to protect the rights of others and
in the interest of public welfare. As a result, religious freedom, to a limited extent, has come under the
regulatory power of the State. In the 2010 CHED Memorandum, the CHED allowed for the exemption
of teachers, personnel, and students from participating in school or related activities due to compliance
with religious obligations. The enforcement of the 2010 CHED Memorandum is compellable by writ of
mandamus. (Valmores vs. Achacoso, G.R. No. 217453, July 19, 2017, J. Caguioa)

32. Explain the right of the accused to a speedy trial. Is silence of the accused a waiver of his
right to speedy trial?

The right of the accused to a speedy trial and to a speedy disposition of the case against him was
designed to prevent the oppression of the citizen by holding criminal prosecution suspended over him
for an indefinite time, and to prevent delays in the administration of justice by mandating the courts
to proceed with reasonable dispatch in the trial of criminal cases. Such right to a speedy trial and a
speedy disposition of a case is violated only when the proceeding is attended by vexatious, capricious
and oppressive delays. The silence of the accused during such period could not be viewed as an
unequivocal act of waiver of their right to speedy determination of their cases. (People vs. Macasaet, G.R.
Nos. 196094, 196720 & 197324, March 5, 2018, J. Caguioa)

33. Rubio filed an administrative complaint against Basada, a Legal Researcher II of the RTC.
The complaint stemmed from their rivalry in the administration of a homeowner’s
association. The OCA recommended that Basada be directed to relinquish his position as
president of the homeowners' association in order to fully devote his time in his duties and
functions as a court employee. Is the OCA recommendation proper?

No. Basada is neither engaged in outside employment nor in any private business or profession. In
performing his duties as president of the homeowners' association, Basada is merely exercising a civic
duty as a member of the community. To require Basada to relinquish his post as president of the
homeowners' association would effectively deprive him of his freedom of association guaranteed by
Article III, Section 8 of the 1987 Constitution which provides that "the right of the people, including
those employed in the public and private sectors, to form unions, associations, or societies for purposes
not contrary to law shall not be abridged." (Rubio vs. Basada, OCA IPI N. 15-4429-P, December 06, 2017, J. Caguioa)

34. Does the Department of Justice have the power to issue Hold Departure Orders (HDO)?

No. The power to issue HDO is inherent to the courts. The DOJ does not have the inherent power to
issue HDO, watchlist orders, or allow departure orders, unlike the courts, or to restrict the right to
travel in anyway. It is limited to the powers expressly granted to it by law and may not extend the
same on its own accord or by any skewed interpretation of its authority. (Genuino vs. De Lima, G.R. No.
197930, April 17, 2018)

35. What are the requisites for the issuance of a Writ of Kalikasan?

a. There is an actual or threatened violation of the constitutional right to a balanced and healthful
ecology;
b. The actual or threatened violation arises from an unlawful act or omission of a public official or
employee, or private individual or entity; and
c. The actual or threatened violation involves or will lead to an environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or more cities or
provinces. (Segovia vs. The Climate Change Commission, G.R. No. 211010, March 7, 2017, J. Caguioa)

36. What is the application of the doctrine of command responsibility in amparo proceedings?

Command responsibility pertains to the "responsibility of commanders for crimes committed by

subordinate members of the armed forces or other persons subject to their control in international wars
or domestic conflict." Command responsibility may be loosely applied in amparo cases in order to
identify those accountable individuals that have the power to effectively implement whatever processes
an amparo court would issue. In such application, the amparo court does not impute criminal
responsibility but merely pinpoint the superiors it considers to be in the best position to protect the
rights of the aggrieved party. (Rodriguez vs. Macapagal-Arroyo, G.R. No. 191805, November 15, 2011)

VIII. CITIZENSHIP

37. Are foundlings considered natural-born Filipino citizens?

Yes. Foundlings are considerably natural-born Filipino citizens. They are, as a class, natural-born
citizens as based on the deliberations of the 1935 Constitutional Convention, wherein though its
enumeration is silent as to foundlings, there is no restrictive language either to definitely exclude the

8
 foundlings to be natural born citizens. There is no intent, whatsoever, permitting discrimination against
foundlings. (Poe-Llamanzares vs. COMELEC, G.R. No. 221697, March 8, 2016)

38. Distinguish between Dual Citizenship and Dual Allegiance.

DUAL CITIZENSHIP DUAL ALLEGIANCE
Dual citizenship arises when, as a result of the concurrent Dual allegiance, on the other
application of the different laws of two or more states, a hand, refers to a situation in
person is simultaneously considered a national by the said which a person simultaneously
states. For instance, such a situation may arise when a person owes, by some positive act,
whose parents are citizens of a state which adheres to the loyalty to two or more states.
principle of jus sanguinis is born in a state which follows the While dual citizenship is
doctrine of jus soli. Such a person, ipso facto and without any involuntary, dual allegiance is the
voluntary act on his part, is concurrently considered a citizen result of an individual’s volition.
of both states.
(Mercado vs. Manzano, G.R. No. 135083 May 26, 1999)

39. Arnado applied for repatriation under R.A. No. 9225 before the Consulate General of the
Philippines in San Francisco, USA and took the Oath of Allegiance to the Republic of the
Philippines on 10 July 2008. An Order of Approval of his Citizenship Retention and Re-
acquisition was issued in his favor. On 3 April 2009, Arnado again took his Oath of
Allegiance to the Republic and executed an Affidavit of Renunciation of his foreign
citizenship. On 30 November 2009, Arnado filed his Certificate of Candidacy for Mayor of
Kauswagan, Lanao del Norte. Balua, another mayoralty candidate, filed a petition to
disqualify Arnado and/or to cancel his certificate of candidacy for municipal mayor
contending that Arnado is not a resident of Kauswagan, Lanao del Norte and that he is a
foreigner. Between 03 April 2009, the date Arnado renounced his foreign citizenship, and
30 November 2009, the date he filed his COC, he used his US passport four times. Should
Arnado be disqualified?

Yes. When after renouncing his American citizenship upon his filing of certificate of candidacy for
mayor, it was established that he travelled several times to the US using his American passport, that
was an effective recantation of his renunciation of his foreign citizenship. Thus, Arnado reverted to his
prior status as a person having dual citizenship and, therefore, disqualified to run for mayor pursuant
to Sec. 40 (d) of the Local Government Code (R.A. No. 7061).

By renouncing his foreign citizenship, he was deemed to be solely a Filipino citizen, regardless of the
effect of such renunciation under the laws of the foreign country. However, this legal presumption does
not operate permanently and is open to attack when, after renouncing the foreign citizenship, the
citizen performs positive acts showing his continued possession of a foreign citizenship. The
renunciation of foreign citizenship is not a hollow oath that can simply be professed at any time, only
to be violated the next day. It requires an absolute and perpetual renunciation of the foreign citizenship
and a full divestment of all civil and political rights granted by the foreign country which granted the
citizenship. (Maquiling v. COMELEC G.R. No. 195649 April 16, 2013)

IX. LAW ON PUBLIC OFFICERS

40. When may an omission or misdeclaration of a public officer’s SALN qualifies as a

Dishonesty?

An omission or misdeclaration qualifies as such offense when it is attended with malicious intent to
conceal the truth, as Dishonesty implies a disposition to lie, cheat, deceive, or defraud. When a public
officer's accumulated wealth is manifestly disproportionate to his lawful income and such public officer
fails to properly account for or explain where such wealth had been sourced, he becomes
administratively liable for Dishonesty. (De Castro vs. Ombudsman, G.R. No. 192723, June 05, 2017, J. Caguioa)

X. ADMINISTRATIVE LAW

41. What is the Aguinaldo Doctrine (Condonation Doctrine), and why was it abandoned?

The re-election of a local government official bars the continuation of the administrative case against
him; in as much as the re-election of the official is tantamount to condonation by the people of whatever
misdeed he may have committed. It was abandoned because election is not a mode of condoning an
administrative offense, and there is simply no constitutional or statutory basis in our jurisdiction to
support the notion that an official elected for a different term is fully absolved of any administrative

9
 liability arising from an offense done during a prior term. (Carpio-Morales vs. CA, G.R. Nos. 217126-27, November
10, 2015)

42. Discuss the remedies against the decisions and resolutions of the Office of the
Ombudsman.

Appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be
taken to the Court of Appeals under the provisions of Rule 43. On the other hand, the remedy of
aggrieved parties from resolutions of the Office of the Ombudsman finding probable cause in criminal
cases or non-administrative cases, when tainted with grave abuse of discretion is to file an original
action for certiorari with the Supreme Court. (Gatchalian vs. Office of the Ombudsman, G.R. No. 229288, August 1,
2018, J. Caguioa)

XI. ELECTION LAW

43. What are the requirements for a
Withdrawal of a candidate?
After the last day of the filing 1.
of Certificate of Candidacy, an
official candidate dies,
withdraws, or is disqualified
for any cause
If death, withdrawal or
disqualification should
happen between the day
before the election and mid-
day of the election day
Substitution on the day of the
election itself
valid substitution in case of Death, Disqualification or
Only a person belonging to, and certified by, the same political
party may file a certificate of candidacy to replace the
candidate who died, withdrew or was disqualified. The
substitute candidate nominated by the political party
concerned may file his certificate of candidacy for the office
affected in accordance with the preceding sections not later
than mid-day of the day of the election. (Sec. 77, Omnibus
Election Code)
2. No substitute shall be allowed for any independent candidate.
(Recabo vs. Commission on Elections, G.R. No. 134293, June
21, 1999)
3. A candidate whose Certificate of Candidacy has been cancelled
or not given due course cannot be substituted by another
belonging to the same political party. (Recabo vs. Commission
on Elections, G.R. No. 134293, June 21, 1999)
The Certificate of Candidacy may be filed (a) with any Board of
Election Inspectors in the political subdivision where he is a
candidate; or (b) with the Commission on Elections, if it is a
national position. (Sec. 77, Omnibus Election Code)
Only on death and disqualification shall substitution may take place
upon the start of the campaign period until mid-day of the
elections. (Sec. 77, Omnibus Election Code)

44. Discuss the purpose of revision proceedings.

The purpose of the revision proceedings is simply to conduct a physical recount of the ballots and
thereafter provide both parties the opportunity to register their objections and claims thereon. During
the revision proceedings, there is yet no final deduction or addition of votes. There is merely a
preliminary segregation and classification in order to facilitate the recording of objections or claims, if
any. It is only after the Tribunal has deliberated and ruled on the validity of the objections or claims
that a deduction or addition of votes will take place. For this purpose, the Tribunal relies on how the
Vote Counting Machines (VCMs) counted the votes in order to segregate the ballots during the revision
stage. The threshold used by the VCMs is not the final determinant of whether a vote will be counted
in favor of protestant or protestee. (Marcos Jr. vs. Robredo, P.E.T. Case No. 005, September 18, 2018, J. Caguioa)

45. When is the resort to annulment of elections warranted?

Only under circumstances which demonstrate beyond doubt that the disregard of the law had been so
fundamental or so persistent and continuous that it is impossible to distinguish what votes are lawful
and what are unlawful, or to arrive at any certain result whatsoever, or that the great body of the
voters have been prevented by violence, intimidation and threats from exercising their franchise.
Consequently, a protestant alleging terrorism in an election protest must establish by clear and
convincing evidence that the will of the majority has been muted by violence, intimidation or threats.
(Marcos Jr. vs. Robredo, P.E.T. Case No. 005, February 16, 2021)

46. Isko Morena ran for the mayoralty post inManila and won in three consecutive elections.
While serving his third term, his opponent filed an election protest. Months before the
expiration of Mayor Isko’s third term, he was ousted from office. He ran again for the same

10
 post in the immediately succeeding election. A petition was then filed assailing his
eligibility to run as mayor on the ground of violation of the three-term limit rule. Decide.

Mayor Isko is not barred by the three-term limit rule, and is allowed to run as mayor in the immediately
succeeding election. He could not be considered as having served a full third term. An interruption for
any length of time, if due to an involuntary cause, is enough to break the elected official’s continuity
of service. (Lonzanida vs. COMELEC, G.R. No. 135150, July 28, 1999)

XII. LOCAL GOVERNMENTS

47. What are the requisites of a valid ordinance?

a. Must not contravene the Constitution and any statute;

b. Must not be unfair or oppressive;
c. Must not be partial or discriminatory;
d. Must not prohibit, but may regulate trade;
e. Must be general in application and consistent with public policy; and
f. Must not be unreasonable.

In order for an ordinance to be valid, it must not only be within the corporate powers of the concerned
LGU to enact, but must also be passed in accordance with the procedure prescribed by law. Necessarily,
therefore, ordinances enacted pursuant to the general welfare clause may not subvert the State's will
by contradicting national statutes. (City of Batangas vs. Philippine Shell Petroleum Corp., G.R. No. 195003, June 07,
2017, J. Caguioa)

48. What are the fundamental principles of local government taxation?

1. Taxation shall be uniform in each LGU;

2. Taxes, fees, charges and other impositions shall:
a. be equitable and based as far as practicable on the taxpayer's ability to pay;
b. be levied and collected only for public purposes;
c. not be unjust, excessive, oppressive, or confiscatory;
d. not be contrary to law, public policy, national economic policy, or in restraint of trade;
3. The collection of local taxes, fees, charges and other impositions shall in no case be left to any
private person;
4. The revenue collected shall INURE SOLELY to the benefit of, and be subject to the disposition by,
the LGU levying the tax, fee, charge or other imposition unless otherwise specifically provided
herein; and,
5. Each LGU shall, as far as practicable, evolve a progressive system of taxation.

49. Are properties owned by the government instrumentalities subject to Real Property Tax?

No. A government instrumentality exercising corporate powers is not liable for the payment of real
property taxes on its properties unless it is alleged and proven that the beneficial use of its properties
been extended to a taxable person. (MWSS v Quezon City, GR No. 194388, November 7, 2018)

50. Are properties owned by the State but leased to a taxable person subject to Real Property
Tax?

Yes. Section 234(a) of the Local Government Code, states that properties owned by the Republic of
the Philippines are exempt from real property tax "except when the beneficial use thereof has been
granted, for consideration or otherwise, to a taxable person." Thus, the portions of the properties not
leased to taxable entities are exempt from real estate tax while the portions of the properties leased
to taxable entities are subject to real estate tax. (City of Pasig v Republic, GR No. 185023, Aug 24, 2011)

51. Can a municipality, which was later on converted to a city, levy franchise?

Under the Local Government Code (LGC) of 1991, a municipality is bereft of authority to levy and
impose franchise tax on franchise holders within its territorial jurisdiction. That authority belongs to
provinces and cities only. A franchise tax levied by a municipality is, thus, null and void. The nullity is
not cured by the subsequent conversion of the municipality into a city. (City of Pasig v Manila Electric Company,
G.R. No. 181710, March 7, 2018)

XIII. NATIONAL ECONOMY AND PATRIMONY

52. What is "capital" in Section 11, Article XII of the Constitution referring to?

The term "capital" in Section 11, Article XII of the Constitution refers only to shares of stock entitled
to vote in the election of directors, and thus only to common shares, and not to the total outstanding

11
 capital stock comprising both common and non-voting preferred shares. (Roy III vs. SEC, G.R. No. 207246,
November 22, 2016, J. Caguiao)

XV. AMENDMENTS OR REVISIONS OF THE CONSTITUTION

53. Distinguish Initiative from Referendum.

INITIATIVE
Initiative is the power of the people to propose
bills and laws, and to enact or reject them at the
polls independent of the legislative assembly.
Entirely the work of the electorate.
Process of law-making by the people themselves
without the participation and against the wishes
of their elected representatives.
1. Propose amendments to the constitution.
2. Propose and enact legislation.
(SBMA vs. COMELEC, G.R. No. 125416, September 26, 1996)
REFERENDUM
Referendum is the right reserved to the people
to adopt or reject any act or measure which has
been passed by a legislative body and which in
most cases would without action on the part of
electors become a law.
Begun and consented to by the law-making
body.
Consists merely of the electorate approving or
rejecting what has been drawn up or enacted by
a legislative body.
Approve or reject legislation.

54. What are the tests to determine whether a proposed change is an amendment or a revision
of the Constitution?

a. Quantitative Test – The Court examines only the number of provisions affected and does not
consider the degree of the change. The quantitative test asks whether the proposed change is so
extensive in its provisions as to change directly the ‘substantial entirety’ of the constitution by the
deletion or alteration of numerous existing provision.
b. Qualitative Test – The Court inquires into the qualitative effects of the proposed change in the
Constitution. The main inquiry is whether or not the change will “accomplish such far reaching
changes in the nature of our basic governmental plan as to amount to a revision.” The changes
include those to the “fundamental framework or the fundamental powers of its branches,” and
those that “jeopardize the traditional form of government and the system of checks and balances.”
Whether there is an alteration in the structure of government is a proper subject of inquiry. (Lambino
vs. Commission on Elections, G.R. No. 174153, October 25, 2006)

XVI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS

55. What is Academic Freedom?

Academic freedom includes the right of the school or college to decide for itself, its aims and objectives,
and how best to attain them free from outside coercion or interference save possibly when the
overriding public welfare calls for some restraint. The essential freedoms subsumed in the term
academic freedom encompasses the freedom to determine for itself on academic grounds: (1) Who
may teach, (2) What may be taught, (3) How it shall be taught, and (4) Who may be admitted to study.
(Pimentel vs. LEB, G.R. No. 230642, September 10, 2019)

XVII. PUBLIC INTERNATIONAL LAW

56. Discuss the following concepts in Public International Law.

a. Obligations Erga Omnes – Obligations which, by virtue of their nature and importance, are the
concern of all States and for whose protection all States have a legal interest. The concept refers
to specifically determined obligations that states have towards the international community as a
whole. (Belgium vs. Spain, 1970 I.C.J. 3, February 5, 1970)
b. Jus Cogens – Norms accepted and recognized by the international community of States as a
whole, from which no derogation is permitted and which can be modified only by a subsequent
norm of general international law having the same character. It means “compelling law” and is
also called peremptory norm. Its elements are the following: (i) a peremptory norm of general
international law; (ii) accepted and recognized by the international community; (iii) there can be
no derogation therefrom; and (iv) can be modified only by a subsequent norm of general
international law having the same character. (Ocampo vs. Abando, G.R. No. 176830, February 11, 2014)
c. Opinio Juris – The belief that a certain form of behavior is obligatory. (Bernas, International Law,
2009)
d. Pacta Sunt Servanda – Every treaty in force is binding upon the parties to it and must be
performed by them in good faith. (Art. 26, Vienna Convention on the Law on Treaties)

12
 e. Par in Parem non Habet Imperium – A State cannot assume jurisdiction over another State
or question the validity of its acts in so far as they are made to take effect within its own territory.
(Cruz, International Law, 2003)
f. Restitutio in Integrum – Latin phrase meaning "returning everything to the state as it was
before". This principle is commonly followed by courts while awarding damages in common law
negligence cases, wherein damages awarded should be sufficient bring the plaintiff back to the
position as if no tort has been committed. (Germany vs. Poland, P.C.I.J. Ser. A, No. 9 [1927])
g. Retorsion – An “unfriendly” conduct which is not inconsistent with any international obligation
of the State engaging in it even though it may be a response to an internationally wrongful act.
(United Nations Draft Articles on Responsibility of States for Internationally Wrongful Acts, 2001)

57. Distinguish the Doctrines of Transformation and Incorporation.

Transformation Incorporation
Transformation requires the enactment by the legislative body Generally accepted principles of
of such international law principles as are sought to be part of international law are automatically
municipal law. Treaties become part of Philippine laws by incorporated in the municipal law of
transformation method as embodied in Sec. 21, Art. VII of the each state upon its admission to the
Constitution, which provides that for a treaty to be valid and family of nations. Applies by mere
binding upon the Philippines, it will require concurrence by constitutional declaration, making
two-thirds vote of all the members of the Senate. international law a domestic law.
(Pangilinan vs. Cayetano, G.R. No. 238875, March 16, 2021)

58. What are the bases of jurisdiction of States?

a. Territoriality principle – Jurisdiction is determined by reference to the place where the act
occurred or was committed. A state has jurisdiction over all persons and property within its territory.
b. Nationality principle and statelessness – A court has jurisdiction if the offender is a national
of the Forum State. “Everyone has the right to a nationality. No one shall be arbitrarily deprived of
his nationality nor denied the right to change his nationality.” [Article 15 of the 1948 Universal Declaration
of Human Rights (UDHR)]
c. Protective Principle – A court is vested with jurisdiction if a national interest or policy is injured
or violated. (US vs. Fawaz Yunis, Crim. A. No. 87-0377, February 12, 1988)
d. Universality Principle – Jurisdiction is asserted with respect to acts considered committed
against the whole world. (People of the Philippines vs. Lol-lo and Saraw, G.R. No. L-17958, 1922)
e. Passive Personality Principle – This principle authorizes states to assert jurisdiction over
offenses committed against their citizens abroad. It recognizes that each state has a legitimate
interest in protecting the safety of its citizens when they journey outside national boundaries. (US
vs. Fawaz Yunis, Crim. A. No. 87-0377, February 12, 1988)

59. What are the exemptions from jurisdiction of States?

a. State Immunity from Suit – In international law, "immunity" is commonly understood as an

exemption of the state and its organs from the judicial jurisdiction of another state. This is anchored
on the principle of the sovereign equality of states under which one state cannot assert jurisdiction
over another in violation of the maxim par in parem non habet imperium (an equal has no power
over an equal). (Joint United States Military Assistance Group vs. National Labor Relations Commission, G.R. No. 108813,
December 15, 1994)
b. Act of State Doctrine – A rule of judicial restraint in domestic law whereby courts refrain from
making decisions in deference to the executive who is the principal architect of foreign relations;
one of the methods by which States prevent their national courts from deciding disputes which
relate to the internal affairs of another State, the other two being immunity and non-justiciability.
c. Diplomatic Immunity – This immunity is given to allow diplomats free and unhampered exercise
of their functions.
d. International organizations and its officers – This immunity is given to avoid the danger of
partiality and interference by the host country in their internal workings. (Bernas, Introduction to Public
International Law, 2009)

60. On January 17, 2013, the USS Guardian, an Avenger-class mine countermeasures ship of
the US Navy, ran aground on the northwest side of South Shoal of the Tubbataha Reefs
while transiting the Sulu Sea. Thereafter, a US Navy-led team conducted salvage
operations to remove the pieces of the grounded ship from the coral reef. This led
petitioners to file a petition for the issuance of a Writ of Kalikasan with prayer for the
issuance of a Temporary Environmental Protection Order (TEPO) under Rule 7 of Rules of
Procedure for Environmental Cases.

13
 a) The respondents invoke the waiver of State immunity under the Visiting Forces
Agreement (VFA) and thus claim that the petition is improper. Should the petition be
denied on that ground?

No. The waiver of State immunity under the Visiting Forces Agreement (VFA) pertains only to
criminal jurisdiction and not to special civil actions such as the petition for issuance of a writ of
kalikasan. It can be inferred from the rules that a criminal case against a person charged with a
violation of an environmental law is to be filed separately: SEC. 17. Institution of separate actions.—
The filing of a petition for the issuance of the writ of kalikasan shall not preclude the filing of
separate civil, criminal or administrative actions. (Arigo vs. Swift, G.R. No. 206510, September 16, 2014)

b) The respondents also contend that the conduct of the US in this case is not within
the ambit of Article 31 of the United Nations Convention on the Law of the Sea
(UNCLOS) because it is a nonparty to the UNCLOS, thereby making it free from any
liability. Is their contention tenable?

No. Nonmembership in the UNCLOS does not mean that the US will disregard the rights of the
Philippines as a Coastal State over its internal waters and territorial sea. Although the US to date
has not ratified the UNCLOS, as a matter of long-standing policy the US considers itself bound by
customary international rules on the “traditional uses of the oceans” as codified in UNCLOS, as
can be gleaned from previous declarations by former Presidents Reagan and Clinton, and the US
judiciary. (Arigo vs. Swift, G.R. No. 206510, September 16, 2014)

61. What is the Principle of Distinction, relevant to the International Humanitarian Law?

The parties to the armed conflict must at all times distinguish between civilians and combatants. Attacks
may only be directed against combatants. Attacks must not be directed against civilians. (Rule 1 and 7,
Customary IHL)

62. What offenses fall under the jurisdiction of the International Criminal Court (ICC)?
The International Criminal Court (ICC) shall have the power to exercise jurisdiction over persons for the
most serious crimes of international concern. Its jurisdiction covers the crime of genocide, crimes against
humanity, war crimes and the crime of aggression as defined in the Statute (Article 5, Rome Statute).
(Pimentel, Jr. vs. Office of the Executive Secretary, G.R. No. 158088, July 6, 2005)

63. Differentiate Direct and Indirect State Responsibility.

DIRECT INDIRECT
Original responsibility or direct responsibility is The State’s “indirect” or “vicarious” responsibility
borne by a State for its own – that is, for its however consists in nothing else but the State’s
Government’s – actions, and as such actions of obligation to repair the moral and material damage
the lower agents or private individuals as are caused by internationally illegal actions which for
performed at the Government’s command or some reason or another, are not considered to be
its authorization. (Oppenheim, International Law, 5th acts of the State; and in some case, to prevent such
Edition) actions and punish the delinquents.

64. Does the executive department have the exclusive prerogative in foreign relations when
it has already decided that it is to the best interest of the country to waive all claims of its
nationals for reparations against a foreign government?

Yes. It is well-established that the conduct of foreign relations of our government is committed by the
Constitution to the executive and legislative of the government, and the propriety of what may be done
in the exercise of this political power is not subject to judicial inquiry or decision. The president is the
sole organ of the nation in its external relations, and its sole representative with foreign relations.
(Vinuya vs Romulo, G.R. No. 162230, April 28, 2010)

65. What is the associative concept in International Law? Does the Constitution recognize the
concept of association?

An association is formed when two states of unequal power voluntarily establish durable links. In the
basic model, one state, the associate, delegates certain responsibilities to the other, the principal, while
maintaining its international status as a state. Free associations represent a middle ground between
integration and independence. The concept of association is not recognized under the Constitution. No
province, city, or municipality is recognized under our laws as having an "associative" relationship with
the national government. The concept implies powers that go beyond anything ever granted by the
Constitution to any local or regional government. It also implies the recognition of the associated entity
as a state. The Constitution, however, does not contemplate any state in this jurisdiction other than

14
 the Philippine State, much less does it provide for a transitory status that aims to prepare any part of
Philippine territory for independence. (Province of North Cotabato vs. GRP Peace Panel, G.R. No. 183591, October 14,
2008)

66. Who is a refugee?

A refugee is any person who is outside the country of his nationality, of if he has no nationality, the
country of his former habitual residence, because he has or had well-founded fear of prosecution by
reason of his race, religion, nationality or political opinion and is unable or, because of such fear, is
unwilling to avail himself of the protection of the government of the country of his nationality, or if he
has no nationality, to return to the country of his former habitual residence. (Convention and Protocol Relating
to Status of Refugees, 1967)

67. Define and explain the Archipelagic Doctrine.

An archipelago, which consists of a number of islands separated by bodies of water, should be treated
as one integral unit, and the waters inside the baselines are considered internal waters. It has two
components: (a) straight baseline method; and (b) internal water principle. It is embodied in the second
paragraph of Art. I of the 1987 Constitution which states that: The waters around, between, and
connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the
internal waters of the Philippines.

68. How may a State withdraw from the ICC? When will the withdrawal take effect?

A State Party may, by written notification addressed to the Secretary-General of the United Nations,
withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the
notification, unless the notification specifies a later date. (Art. 127 of Rome Statute of the International Criminal
Court)

69. What are the Maritime Zones under the United Nations Convention on the Law of the Seas
(UNCLOS)?

INTERNAL TERRITORIAL CONTIGUOUS ZONE EXCLUSIVE

WATERS WATERS ECONOMIC
ZONES
Waters on the Sovereignty Jurisdiction to prevent infringement Exclusive right to
landward side of over Territorial of customs, fiscal, immigration, or explore, exploits,
the baseline of the Waters. sanitary laws conserve, and
territorial sea form manage the natural
part of the internal resources.
waters of the
State.
All inland waters, 12 nautical The contiguous zone may not 200 nautical miles
between and miles from the extend beyond 24 nautical miles from the baseline.
connecting baseline. from the baselines from which the
Islands. breadth of the territorial sea is
measured.

15
70. Distinguish Habeas Corpus, Amparo, Habeas Data and Kalikasan.
HABEAS CORPUS AMPARO HABEAS DATA KALIKASAN
Availability It is a writ directed to a person The writ of amparo is a remedy It is a remedy available to any It is a special remedy available to a
detaining another, commanding him available to one whose right to life, person whose right to privacy in life, natural or juridical person, entity
to produce the body of the prisoner liberty, and security are violated or liberty, and security is violated or authorized by law, people’s
at a designated time and place, with threatened with violation by an threatened by an unlawful act or organization, non-governmental
the day and cause of his caption and unlawful act or omission of a public omission of a public official or organization, or any public interest
detention, to do, submit to, and official or employee, or of a private employee, or of a private individual group accredited by or registered
receive whatever the court or judge individual or entity. The writ covers or entity engaged in the gathering, with any government agency, on
awarding the writ shall consider in extralegal killings and enforced collecting or storing of data or behalf of persons whose
that behalf. disappearance or threats thereof. information regarding the person, constitutional right to a balanced
family, home and correspondence and healthful ecology is violated, or
of the aggrieved party. threatened with violation by an
unlawful act or omission of a public
official or employee, or private
individual or entity, involving
environmental damage of such
magnitude as to prejudice the life,
health or property of inhabitants in
two or more cities or provinces.

Available Against
(1) Deprivation of liberty; and
(2) Withholding the rightful
custody of any person
A violation or threatened violation
by an unlawful act or omission by:
(1) A public official;
(2) A public employee and
(3) A private individual or entity
A violation or threatened violation A violation or threatened violation
of the right to privacy in life, of the right to a balanced and
liberty, or security by an unlawful healthful ecology by an unlawful
acts or omission by: act or omission of:
(1) A public official; (1) A public official;
(2) A public employee; (2) A public employee and
(3) A private individual or entity (3) A private individual or entity
engaged in the gathering,
collecting, or storing of data or
information regarding the
person, family, home and
correspondence of aggrieved
party

HAIL TO THE CHIEFS!

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