INSTRUCTION: ARGUE LIKE A LAWYER A N D NOT AS A LAW STUDENT. CONVINCE ME THAT
YOU DESERVE TO PASS M Y SUBJECT WITHOUT ANY GRAIN OF DOUBT. Never cite a case beyond
your competence; neither should you aver the exact law citation if you cannot. Do not bluff your
professor or else, caveat emptor.
I.A senator filed a petition for mandamus to compel a newly elected President to sign, approve and
transmit to the Senate for its ratification the treaty creating the International Criminal Court. Should the
petition prosper? (10 points)
II.(A) Can a charismatic and effective thirty-year old former mayor of a chartered city in Metro Manila,
and a resident of Scarborough Shoal for five years legally run for President of the Republic of the
Philippines in the 2022 elections? (5 points)
(B) Will your answer be the same if he is no longer charismatic since he is already geriatric? (5 points)
III. A provincial ordinance was passed setting a province-wide curfew for all minors. This was challenged
through a suit filed before the Regional Trial Court having territorial jurisdiction over the province. The
Provincial Legal Officer sought the case’s dismissal on the lone ground that the Supreme Court has
sole and exclusive jurisdiction to determine the constitutionality of a treaty, law or ordinance. Is the
contention of the Provincial Legal Officer meritorious?(10 points)
IV. Both the House of Representatives and Senate passed a bill which: (a) increases the number of Supreme
Court Justices from 15-20; (b) assigns the five most senior Justices, including Chief Justice, exclusively
to a Special Division that will tackle only constitutional cases; and (c) removes from the Supreme Court
En Banc the power to hear and decide cases involving alleged violations of the constitution. The Chief
Presidential Legal Counsel advises the President to veto the bill. Do you agree with the Chief
Presidential Legal Counsel and why?
V. To contain the spread of virus, and in line with World Health Organization’s declaration of pandemic,
the President declared martial law throughout the entire Philippine archipelago. As an additional
justification, the Proclamation declaring martial law cited the possibility that health protocols may not
be followed. A law student filed the petition before the Supreme Court questioning the factual basis
for the declaration of martial law.
The Solicitor General also argued that the student must prove that the President and Congress
committed grave abuse of discretion. Is the Solicitor General correct?
VI. Section 27 and 14 of Republic Act 6770 or the Ombudsman Law provides that:
Sec. 27. Effectivity and Finality of Decisions. (1) All provisionary orders of the Office of the
Ombudsman are immediately effective and executory.
xxx
In all administrative disciplinary cases, orders, directives, or decisions of the Office of the Ombudsman
may be appealed to the Supreme Court by filing a petition for certiorari within ten (10) days from
receipt of the written notice of the order, directive or decision or denial of the motion for
reconsideration in accordance with Rule 45 of the Rules of Court.
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Section 14. Restrictions. — No writ of injunction shall be issued by any court to delay an investigation
being conducted by the Ombudsman under this Act, unless there is a prima facie evidence that the
subject matter of the investigation is outside the jurisdiction of the Office of the Ombudsman.
No court shall hear any appeal or application for remedy against the decision or findings of the
Ombudsman, except the Supreme Court, on pure question of law.
Are these 2 provisions valid?
ST S EMESTER
VII.
On October
Leni “Isko” Marcos filed her certificate of candidacy as mayor
Santos
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She
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in 2013,
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In 2019, BECAUSE
Atty. Manny
Lacson
filed a
complaint against Leni “Isko” Marcos for violation or procurement law. After due notice and hearing,
Marcos was preventively suspended on March to May 2022. Atty. Manny Lacson filed a petition
against Leni Marcos for cancellation of the certificate of candidacy in violation of the thee-term limit
rule. Will the petition for cancellation of certificate of candidacy prosper (10 points).
VIII.Former President Estrada was convicted for plunder; however, the next day, he was pardoned by then
President GMA. The contents of the pardon are as follows:
WHEREAS, this Administration has a policy of releasing inmates who have reached the age of
seventy (70),
WHEREAS, Joseph Ejercito Estrada has publicly committed to no longer seek any elective position or
office,
IN VIEW HEREOF and pursuant to the authority conferred upon me by the Constitution, I hereby grant
executive clemency to JOSEPH EJERCITO ESTRADA, convicted by the Sandiganbayan of Plunder and
imposed a penalty of Reclusion Perpetua. He is hereby restored to his civil and political rights.
Upon acceptance of this pardon by JOSEPH EJERCITO ESTRADA, this pardon shall take effect.
Given under my hand at the City of Manila, this 25th Day of October, in the year of Our Lord, two
thousand and seven.
Gloria M. Arroyo (sgd.)
By the President:
IGNACIO R. BUNYE (sgd.)
Acting Executive Secretary5
Joseph Estrada ran as mayor in Manila. Atty. Pupul filed a petition to cancel the certificate of candidacy
of Estrada on the ground that he can no longer ran as president since the pardon expressly stated that
he can no longer seek any elective office. Is Atty. Pupul correct ? (10 points)
IX.In the very heated 2022 presidential election, Tony Gonzaga’s protégé was proclaimed as the winner
by COMELEC Commissioners Ferrolino, Abbas, and Inting. Unfortunately, COMELEC Commissioner
Guanzon refused to Proclaim President-elect Beng-Beng but she joined the other three COMELEC
Commissioner in proclaiming Vice-President Elect Len Len. Are the Commissioners’ actuations
constitutionally warranted?
X. Petitioner alleges that Hon. Alberto C. Agra was appointed by the president to be the Acting Secretary
of Justice and that Agra was also subsequently appointed as Acting Solicitor General in concurrent
capacity. Can Atty. Agra hold both offices concurrently? What was the effect when he accepted the
position as Acting Solicitor General?
XI. What is a political question?
XII. Roy Cipriano was charged for violation of Sec. 15 and 5 of RA 9165. During the pre-trial, he wanted
to plead guilty to a lower offense. Judge Roderick Pacallagan denied the motion to plea bargain due
to the statutory prohibition under Republic 9165. Is the denial constitutionally warranted?
XIII. On 11 and 12 June 2006, the Professional Regulation Commission (PRC) conducted the Nursing Board
Examinations nationwide. In June 2006, licensure applicants wrote the PRC to report that handwritten
copies of two sets of examinations were circulated during the examination period... among the
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examinees reviewing at the R.A. Gapuz Review Center and Inress Review
Center. George Cordero, Inress Review Center's President, was then the
incumbent President of the Philippine Nurses Association. On 18 August 2006,
the Court of Appeals restrained the PRC from proceeding with the oath-taking of
the successful examinees set on 22 August 2006. Consequently, President
Gloria Macapagal-Arroyo (President Arroyo) replaced all the members of the
PRC's Board of Nursing. President Arroyo also ordered the examinees to re-take
the Nursing Board Examinations.
On 8 September 2006, President Arroyo issued EO 566 which authorized the
CHED to supervise the establishment and operation of all review centers and
similar entities in the Philippines.
Is EO 566 valid? ?(10 points)
XIV. Guillermo and Lopez were contenders for the position of Representative in the First
Legislative District of Northern Samar during the May 13, 2013 Elections. Out of
the votes cast in the 332 clustered precincts in the First District of Northern
Samar, Guillermo emerged as the winner after obtaining the majority vote of
72,857. Lopez placed second with a total of 72,805 votes. The difference was
52 votes. On May 17, 2013, the Provincial Board of Canvassers of Northern Samar
proclaimed Guillermo as the duly elected member of the House of Representatives
for the said legislative district.
Lopez initially filed an electoral protest for recount, revision and re-appreciation
of the ballots in the clustered precincts in the municipalities of Biri, Capul and
San Isidro. When the protestee filed his comment, Protestant Lopez withdrew his
protest for recount, revision and re-appreciation of ballots; instead, he filed for
annulment of election results results in 25 clustered precincts in the Municipalities
of Biri, Capul, Catarman, Lavezares, San Isidro, and Victoria. In his protest, he
bewailed that there was massive fraud, vote-buying, intimidation, employment of
illegal and fraudulent devices and schemes before, during and after the elections
benefitting Guillermo and that terrorism was committed by the latter and his
unidentified cohorts, agents and supporters.
HRET ruled that the allegation of terrorism was well supported with evidence; thus, it
nullified clustered precincts and declared Lopez as the winning candidate.
Can HRET annul the elections in the protested precincts?
XV. A Greco Belgica filed a petition to nullify the 2014 General Appropriations Act
including among others, the Unprogrammed Fund, the Contingent fund, Egovernment fund and the Local Government Support Fund. Is lump-sum
appropriations unconstitutional per se?
XVI. On 5 December 2011, or almost one year after petitioner Lico had assumed
office as partylist representative, the Interim Central Committee expelled him from
Ating Koop for disloyalty. Apart from allegations of malversation and graft and
corruption, the Committee cited petitioner Lico's refusal to honor the term-sharing
agreement as factual basis for disloyalty and as cause for his expulsion under
Ating Koop's Amended Constitution and By-laws. The interim Central Committee
filed a petition to vacate office before the COMELEC and order the succession of
the second nominee. The COMELEC Second Division upheld the expulsion of Lico
since it is an intra-party leadership dispute; which could resolve as an incident of
its power to register political parties. Is the Second Division Correct? (10 points).
XVII. The Tamayao Construction Company sought zoning permit from the City Council
of Manila. Without securing the appropriate variance and exception from the City
Council of Manila, the City Planning and Development Office issued the
necessary Zoning Permit for the construction of a 50-floor Condominium
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Cagayan
Cultural
Association
questioned
the propriety
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zoning permit, arguing that the Condominium will dwarfed out the Monument of
Jose Rizal; thus, violative of Section I5 of Article XIV of the Constitution which
XVIII.Milagros E. Amores challenges the legality of the assumption of office of Cardema as representative of
the party-list organization Citizens' Battle Against Corruption (CIBAC) in the House of Representatives.
She alleged that, Cardema was disqualified to be a nominee of the youth sector of CIBAC since, at the
time of the filing of his certificates of nomination and acceptance, he was already 31 years old, and
his change of affiliation from CIBAC's youth sector to its overseas Filipino workers and their families
sector was not effected at least six months prior to the May 14, 2007 elections so as to be qualified to
represent the new sector under Section 15 of RA No. 7941. Is Cardemas qualified?
XIX. In March 2009, Congress enacted the Baselines Law. RA 9522 shortened one baseline, optimized the
location of some basepoints around the Philippine archipelago and classified adjacent territories,
namely, the Kalayaan Island Group (KIG) and the Scarborough Shoal, as regimes of islands whose
islands generate their own applicable maritime zones.
Can a province generate its own Exclusive Economic Zone ?
XX. Can the Supreme Court constitutionally define the term “disorderly behavior”?
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