POLITICAL LAW REVIEW

Mid-terms
Thursdays 5:30 to 9:30
Atty. Randy P. Zarate
(50% of Finals Grade)
INSTRUCTIONS:
A. ANSWER ALL THE QUESTIONS AS CONCISELY AS YOU CAN IN A SEPARATE WRITING NOTEBOOK.
B. Open notes, books, mylegalwhiz, SCRA, or reviewers.
C. A mere yes or no answer will not be given credit.
D. You are encouraged to repeat the questions in the writing notebook for mastery.
E. Submit your answers on or before January 16, 2014.
F. While collaboration in answering is encouraged, actual answers of the individual students in his/
writing notebook must be
in his/her own handwriting.
1. What is Political Law?
2. What is the scope of political law?
3. What is the scope of political law?
4. What is the Constitution?
5. How is the Philippine Constitution classified?
6. When did the Philippine Constitution take effect?
7. How should the Philippine Constitution be interpreted?
8. In case of doubt, how should the Constitution be construed?
9. What is the doctrine of Constitutional Supremacy?
10. State the legal distinctions between EDSA 1 and 2. Tabulate.
11. Is the People Power recognized in the Constitution?
12. What are the three parts of a written Constitution?
13. Distinguish amendment from revision.
14. How do you determine whether a proposed change is an amendment or a revision?
15. How may the Constitution be amended or revised?
16. What is the Doctrine of Proper Submission?
17. What is initiative?
18. What are the three (3) kinds of initiative under R.A. 6735?
19. What is the rule on Local initiative?
20. What are the limitations on Local initiative?
21. Is the initiative to change the Constitution applicable to revision?
22. What is referendum?
23. What are the two (2) classes of referendum?
24. Compare and differentiate the concepts and processes of initiative from referendum. Tabulate.
25. What constitutional provisions are considered SelfExecuting and NonSelfExecuting?
126. What is Territory?
27. What comprises the Philippine territory?
28. What are the components of our National Territory?
29. What is the Archipelagic Doctrine and where is it found in the 1987 Philippine Constitution?
30. What does the Archipelagic Doctrine emphasize?
31. What are the purposes of the Archipelagic Doctrine?
32. Is the Spratlys Group of Islands (SGI) part of the Philippine Archipelago?
33. What is an Archipelagic State?
34. Do you consider the Spratlys group of Islands as part of our National Territory?
35. What is the Doctrine of State Immunity?
36. What is the basis of the doctrine of State immunity?
37. Does this doctrine apply as well to foreign government?
38. Can the State waive its immunity?
39. Do all contracts entered into by the government operate as a waiver of its non suability?
40. When is a suit considered as suit against the State?
41. Petitioners sued the Philippine National Railways for damages for the death of their son who fell
from an
overloaded train belonging to the PNR. The trial court dismissed the suit on the ground that the charter
of the PNR,
as amended by P.D No. 741 has made the same a government instrumentality, and thus immune from
suit. Is the
dismissal proper?
42. Distinguish unincorporated government agency performing governmental function and one
performing proprietary
functions according to the applicability of the Doctrine of State Immunity.
43. When is a suit against a public official deemed to be a suit against the State?
44. The Northern Luzon Irrigation Authority was established by a legislative charter to strengthen the
irrigation systems
that supply water to farms and commercial growers in the area. While the NLIA is able to generate
revenues through
its operations, it receives an annual appropriation from Congress. The NLIA is authorized to "exercise all
the powers
of a corporation under the Corporation Code." Due to a miscalculation by some of its employees, there
was a
massive irrigation overflow causing a flash flood in Barrio Zanjera. A child drowned in the incident and
his parents
now file suit against the NLIA for damages. May the NLIA validly invoke the immunity of the State from
suit?
45. What is the Restrictive Theory of State Immunity from Suit?
46. What are the implications of this phrase waiver of immunity by the State does not mean a
concession of its
liability?
47. Is there any distinction between suability and liability of the State?
48. How are the liabilities of the following determined?
49. In what instances may a public officer be sued without the States consent?
50. What is the true test in determining whether a suit against a public officer is a suit against the State?
51. Can the Government be made to pay interest in money judgments against it?
52. A property owner filed an action directly in court against the Republic of the Philippines seeking
payment for a
parcel of land which the national government utilized for a road widening project. Can the government
invoke the
doctrine of nonsuitability of the state?
53. Are the provisions in Article II selfexecuting?
54. What is a Republican State?
55. What are the manifestations of Republicanism?
56. What do you understand by Constitutional Authoritarianism?
57. Is constitutional authoritarianism compatible with a republican state?
258. What is the State policy regarding war?
59. Does the Philippines renounce defensive war?
60. What are the policies of the State on the following?
Working women
Ecology
The symbols of statehood
Cultural minorities
Science and Technology
61. What provisions of the 1987 Constitution provide for a policy of transparency in matters of public
concern?
62. What is the Doctrine of Incorporation?
63. What is the Doctrine of Autolimitation?
64. What is meant by the principle of Civilian Supremacy?
65. How is civilian supremacy ensured?
66. Can a person avoid the rendition of military services to defend the State?
67. What are the provisions of the Constitution that support the principle of separation of Church and
State?
68. What is the Strict Separationist Approach?
69. What is the Strict Neutrality Approach?
70. What is the theory of Benevolent Neutrality?
71. What theory is applied in the Philippines?
72. What are the three kinds of accommodation that results from free exercise claim?
73. What is Mandatory Accommodation?
74. What is Permissive Accommodation?
75. What is Prohibited Accommodation?
76. What is the Doctrine of Separation of Powers?
77. What is the purpose of separation of powers?
78. What are the powers vested in the three branches of government?
79. A group of losing litigants in a case decided by the SC filed a complaint before the Ombudsman
charging the
Justices with knowingly and deliberately rendering an unjust decision in utter violation of the penal laws
of the land.
Can the Ombudsman validly take cognizance of the case?
80. May the RTC or any court prohibit a committee of the Senate like the Blue Ribbon Committee from
requiring a
person to appear before it when it is conducting investigation in aid of legislation?
81. What is the principle of Blending of Powers?
82. What is the principle of Checks and Balances?
83. How does the Executive Check the other two branches?
84. How does Legislature check the other two branches?
85. Can a delegated power be redelegated?
86. How does the Judiciary check the other two branches?
87. What are the two tests of valid delegation?
88. What is the distinction between the Presidents authority to declare a state of national emergency
and her authority
to exercise emergency powers?
89. What is the form of government of the Philippines?
390. What is the principal identifying feature of a presidential form of government?
91. What are the essential characteristics of a parliamentary form of government?
92. What are the kinds of a de facto government?
93. Does the Bases Conversion Development Authority (BCDA) exercise constituent or ministrant
function?
94. What are the functions of the Government?
95. What are the classifications of government on the basis of legitimacy?
96. To what body is legislative power vested?
97. What are the classes of legislative power?
98. What are the limitations on the legislative power of Congress?
99. Discuss the composition, qualifications, and term of office of members of Congress.
100. Discuss the disqualifications of members of Congress.
101. How can members of Congress be removed from their respective offices?
102. Can Congress or COMELEC impose an additional qualification for candidates for senator?
103. What is the rule on voluntary renunciation of office for any length of time?
104. What is the composition of HoR?
105. Who are district representatives?
106. How are legislative districts apportioned?
107. What are the conditions for apportionment?
108. What is the reason for such rule?
109. How should the reapportionment be made?
110. What is Gerrymandering? Is it allowed?
111. Discuss the PartyList System.
112. Discuss the different parties under the party list system
113. If one were to analyze the Constitutional and statutory examples of qualified parties, it should be
evident that they
represent what classes?
114. In sum, what are the requirements for a group to qualify for sectoral party accreditation?
115. What groups are disqualified for registration? Has the Ang Ladlad PartyList amply proved that it
meets the
requirements for sectoral party accreditation?
116. What are the grounds for the cancellation of registration?
117. Can major political parties participate in the partylist elections?
118. What are the qualifications of partylist nominees?
119.Who shall be voted? Who are elected into office?
120. Does the Constitution preclude Congress from increasing its membership?
121. What is the formula mandated by the Constitution in determining the number of partylist
representatives?
122. What is the effect of change of affiliation any partylist representative?
123. How shall the partylist representative seats be allocated?
124. Is the two percent threshold prescribed in Section 11 (b) R.A. 7941 constitutional?
125. What is parliamentary immunity from arrest?
126. What is the purpose of parliamentary immunities?
127. May a congressman who committed an offense punishable for not more than 6 years, but is not
attending session,
be arrested?
4128. Can a senatorlawyer be disbarred or disciplined by the Supreme Court for statements made
during a privilege
speech?
129. Is Congress considered in session during a recess?
130. Is there legislative immunity from searches?
131. What is legislative privilege?
132. What are the limitations on legislative privilege?
133. Can the Sandiganbayan order the preventive suspension of a Member of the HoR being prosecuted
criminally for
the violation of the AntiGraft and Corrupt Practices Act?
134. What are the two (2) requirements for the privilege of Speech and Debate to be availed of?
135. What does speech or debate encompass?
136. Does publication fall under the scope of speech?
137. What are the prohibitions attached to a legislator during his term?
138. What are the particular inhibitions attached to their office?
139. What are the disqualifications attached to their office and when are they applicable?
140. Are legislators required to disclose their assets and liabilities?
141. When is the regular session of Congress?
142. What are the instances when there are special sessions?
143. What is a Mandatory Recess?
144. What are the instances when Congress is voting separately and voting jointly?
145. What are the instances when Congress votes other than majority?
146. What is the rule on adjournment?
147. What is adjournment sine die? Who are the elected officers of Congress?
148. How is election of legislative officers done?
149. What is a quorum?
150. What is the effect if there is no quorum?
151. What does majority vote mean?
152. Can the courts intervene in the implementation of the internal rules of Congress?
153. May each house of congress punish its members for disorderly behavior?
154. What is contemplated by disorderly behavior?
155. What is the composition of the electoral tribunal (ET)?
156. What is the jurisdiction of the Electoral Tribunals?
157. What is an election contest?
158. In the absence of election contest, what power does each House have over its members?
159. Imelda ran for HoR. A disqualification case was filed against her on account of her residence. The
case was not
resolved before the election. Imelda won the election. However, she was not proclaimed. Imelda now
questions the
COMELECs jurisdiction over the case. Does the COMELEC have jurisdiction over the case?
160. Does the HRET have authority to pass upon the eligibilities of the nominees of the partylist groups
that won in the
lower house of Congress?
161. What are the valid grounds or just causes for termination of membership to the tribunal?
162. Rep. Camasura was a member of the HRET. There was an electoral contest involving his partymate
and Bondoc.
The party instructed him to vote for his partymate. However, Rep. Camasura cast a conscience vote in
Bondocs
favor. Thus, the party expelled him from HRET on the grounds of disloyalty to the party and breach of
party
discipline. Was the expulsion valid?
5163. Can the ET meet when Congress is not in session?
164. Is there an appeal from the ETs decision?
165. Is there any remedy from its decision?
166. What is the composition of the Commission on Appointments (CA)?
167. How are the 12 Senators and 12 Representatives chosen?
168. What is the jurisdiction of the CA?
169. What are the rules on voting?
170. What are the limitations on confirmation? What are the guidelines in the meetings of the CA?
171. What is Legislative Power?
172. What are the legislative powers of Congress?
173. What are the limitations of such power?
174. What is an appropriation bill?
175. What is a revenue bill?
176. What is a bill of local application?
177. What are private bills?
178. How are private bills illustrated?
179. What is the power of appropriation?
180. What is an appropriation law?
181. What is budget?
182. What are the classifications of appropriations?
183. TawiTawi is a predominantly Muslim province. The Governor, the ViceGovernor, and members of
its Sangguniang
Panlalawigan are all Muslims. Its budget provides the Governor with a certain amount as his
discretionary funds.
Recently, however, the Sangguniang Panlalawigan passed a resolution appropriating P100,000 as a
special
discretionary fund of the Governor, to be spent by him in leading a pilgrimage of his provincemates to
Mecca, Saudi
Arabia, Islam's holiest city.
184.Philconsa, on constitutional grounds, has filed suit to nullify the resolution of the Sangguniang
Panlalawigan giving
the special discretionary fund to the Governor for the stated purpose. How would you decide the case?
Give your
reasons.
185. Who shall propose the budget?
186. May Congress modify the budget proposed by the President?
187. May Congress increase its outlay for itself, the Judiciary and other Constitutional bodies?
188. What is the scope of subject matter of the power to conduct inquiries in aid of legislation?
189. What are the limitations on legislative investigation?
190. Senator Enrile accused the Vice Chairman of the Standard Chartered Bank of violating the Securities
Regulation
Code for selling unregistered foreign securities. This has led the Senate to conduct investigation in aid of
legislation.
SCB refused to attend the investigation proceedings on the ground that criminal and civil cases involving
the same
issues were pending in courts. Decide.
191. Distinguish the abovementioned case from the case of Bengzon v. Senate Blue Ribbon Committee.
192. Does Congress have the power to cite persons in contempt?
193. Does the pardoning power of the President apply to cases of legislative contempt?
194. What is the socalled question hour?
195. Distinguish question hour from legislative investigation.
196. What is the power of oversight of Congress?
6197. What is the scope of the power of oversight?
198. What are the bases of oversight power of Congress?
199. What are the categories of Congressional Oversight Functions?
200. What is legislative veto? Is it allowed in the Philippines?
201. Can Congress exercise discretion to approve or disapprove an IRR based on a determination of
whether or not it
conformed to the law?
202. May the Senate be allowed to continue the conduct of a legislative inquiry without a duly published
rules of
procedure?
203. Is the present (2013) Senate a continuing legislative body?
204. What is its consequence?
205. Is the publication of the rules in the Internet a valid publication?
206. What is the Doctrine of Shifting Majority?
207. What is the socalled one billone subject rule?
208. When does a bill become a law?
209. What are the Rules regarding the Passage of Bills?
210. How many readings must a bill undergo before it may become a law?
211. What are the reasons for the three readings?
212. What is the purpose of the constitution of the Bicameral Conference Committee?
213. If the version approved by the Senate is different from that approved by the House of
Representatives, how are the
differences reconciled?
214. Are the conferees limited to reconciling the differences in the bill?
215. When does the law take effect?
216. What are the constitutional limitations on the legislatives power to enact laws on revenue,
appropriation and tariff
measures?
217. What are the implied limitations on appropriation power?
218. What are the constitutional limitations on special appropriations measures?
219. What is the rule on presidential veto?
220. May the President veto a law?
221. When is there a pocket veto?
222. What are the Constitutional rules on General Appropriations Laws?
223. When does the Constitution require that the yeas and nays of the Members be taken every time a
House has to
vote?
224. What is a rider?
225. What are the Nonlegislative powers of Congress?
226. State the conditions under which Congress may grant emergency powers to the President is
allowed.
227. What is the policy of the Philippines regarding war?
228. What is the voting requirement to declare the existence of a state of war?
229. Discuss the Informing function of Congress.
230. Who is the Chief Executive of the State?
231. What are the privileges of the President and VP?
232. What are the reasons for the Presidents immunity from suit?
7233. What are the rules on executive immunity?
234. What is executive privilege?
235. How is the privilege invoked?
236. Is the invocation of this privilege through executive orders, prohibiting executive officials from
participating in
legislative inquiries, violate the constitutional right to information on matters of public concern of the
people?
237. Who can invoke executive privilege?
238. What is the requirement in invoking the privilege?
239. Is the privilege absolute?
240. Sec. 1 of EO 464 required all heads of departments in the Executive branch to secure the consent of
the President
before appearing in an inquiry conducted by either House of Congress, pursuant to Art. VI, sec. 22 of the
Constitution. Does this section apply only question hour? Is it valid?
241. What are the varieties of executive privilege?
242. Differentiate Presidential Communications Privilege from Deliberative Process Privilege.
243. Are presidential communications presumptively privileged?
244. The House of Representatives House Committee conducted an inquiry on the Japan Philippines
Economic
Partnership Agreement (JPEPA), then being negotiated by the Philippine Government. The House
Committee
requested DTI Usec. Aquino to furnish it with a copy of the latest draft of the JPEPA. Aquino replied that
he shall
provide a copy thereof once the negotiations are completed.
245.A petition was filed with the SC which seeks to obtain a copy of the Philippine and Japanese offers
submitted during
the negotiation process and all pertinent attachments and annexes thereto. Aquino invoked executive
privilege
based on the ground that the information sought pertains to diplomatic negotiations then in progress.
On the other
hand, Akbayan for their part invoke their right to information on matters of public concern.
246.Are matters involving diplomatic negotiations covered by executive privilege?
247. How is the presumption overcome?
248. What are the prohibitions attached to the President, VicePresident, Cabinet Members, and their
deputies or
assistants?
249. Christian, the Chief Presidential Legal Counsel (CPLC), was also appointed as Chairman of the PCGG.
May the
two offices be held by the same person?
250. What is executive power?
251. What is the faithful execution clause?
252. What is the scope of executive power?
253. What are the specific powers of the President?
254. Is the power of the President limited only to such specific powers enumerated in the Constitution?
255. What is administrative power?
256. What is appointment?
257. What is the nature of the appointing power of the President?
258. Are the appointments made by an acting President effective?
259. What are four instances where confirmation of the Commission on Appointments is required?
260. What is the appointing procedure for those that need CA confirmation?
261. What is the appointing procedure for those that do not need CA confirmation?
262. Distinguish an ad interim appointment from an appointment in an acting capacity.
263. What are the limitations regarding the appointing power of the president?
264. Is the act of the President in appointing acting secretaries constitutional, even without the consent
of the
8Commission on Appointments while Congress is in session?
265. May an appointment be the subject of a judicial review?
266. Sec. 15, Art. VII of the 1987 Constitution prohibits the President from making appointments two
months before the
next presidential elections and up to the end of his term. To what types of appointment is said
prohibition directed
against?
267. Does an outgoing President have the power to appoint the next Chief Justice within the period
starting two months
before the presidential elections until the end of the presidential term? Discuss thoroughly.
268. Where does the President derive his power of removal?
269. Can the President remove all the officials he appointed?
270. What is the power of control?
271. What is the doctrine of qualified political agency or alter ego principle?
272. What are the exceptions to the alter ego doctrine?
273. What is the reason for the alter ego doctrine?
274. Can Department Heads exercise power of control in behalf of the President?
275. Can the Executive Secretary reverse the decision of another department secretary?
276. What is the power of general supervision?
277. Distinguish control from supervision.
278. What is the scope of the Presidents CommanderinChief powers?
279. State the guidelines in the declaration of martial law.
280. What are the requisites for the suspension of the privilege of the writ of habeas corpus?
281. Can the Supreme Court inquire into the factual basis of the suspension of the privilege of the writ
of habeas
corpus?
282. Is the right to bail impaired if the privilege of the writ of habeas corpus is suspended?
283. What are the limitations on the suspension of the privilege of writ of habeas corpus?
284. What are the limitations on the declaration of martial law?
285. What are the ways to lift the proclamation of martial law?
286. Is the actual use of the armed forces by the President subject to judicial review?
287. Are peace negotiations with rebel groups part of presidential power?
288. May the President, in the exercise of peace negotiations, agree to pursue reforms that would
require new
legislation and constitutional amendments, or should the reforms be restricted only to those solutions
which the
present laws allow?
289. What is the purpose of executive clemency? Can it be delegated?
290. What is the scope of the Presidents pardoning power? (Forms of executive clemency)
291. Are there limitations to the Presidents pardoning power?
292. What is pardon? What are its legal effects?
293. What are the kinds of pardon? What makes them different from each other?
294. Can an offender reject pardon?
295. Mon Daraya, the assistant city treasurer of Caloocan, was convicted of estafa through falsification
of public
documents. However, he was granted an absolute pardon, prompting him to claim that he is entitled to
be reinstated
to his former public office. Is Mons contention tenable?
296. What is reprieve?
297. What is commutation?
298. Can the SC review the correctness of the action of the President in granting executive clemency by
commuting the
9penalty of dismissal, as ruled by the Court, to a dismissed clerk of court?
299. What is remission?
300. What is probation?
301. What is a parole?
302. What is amnesty?
303. What are the effects of the grant of amnesty?
304. Differentiate amnesty from pardon.
305. What are the Presidents powers over foreign affairs?
306. What is the scope of the foreign relations powers of the President?
307. Where do the Presidents diplomatic powers come from?
308. Who ratifies a treaty? What is the scope of the power to concur treaties and international
agreements?
309. What is budgetary power?
310. What are residual powers?
311. What is impoundment power?
312. What are the principal sources of this power?
313. What is judicial power?
314. In what body is it vested?
315. Distinguish justiciable questions from political questions.
316. Can judicial power be shared?
317. What is the power of judicial inquiry?
318. What is the power of judicial review?
319. What are the requisites of judicial review?
320. How does the definition of judicial power under the present Constitution affect the political
question doctrine?
321. What are the requisites before a law can be declared partially unconstitutional?
322. What is the Principle of Stare Decisis?
323. Is the SC obliged to follow precedents?
324. X filed a petition to set aside the award of the ZTEDOTC Broadband Deal. The OSG opposed the
petition on the
ground that the Legal Service of the DOTC has informed it of the Philippine Governments decision not
to continue
with the ZTENBN Project.That said there is no more justiciable controversy for the court to resolve.
Hence, the
OSG claimed that the petition should be dismissed. X countered by saying that despite the mootness,
the Court
must nevertheless take cognizance of the case and rule on the merits due to the Courts symbolic
function of
educating the bench and the bar by formulating guiding and controlling principles, precepts, doctrines,
and rules.
Decide.
325. What are the functions of judicial review?
326. What is the extent of power of judicial review in impeachment proceedings?
327. What is the Doctrine of Relative Constitutionality?
328. What is meant by the operative fact doctrine?
329. Will the invocation of this doctrine an admission that the law is unconstitutional?
330. What are moot questions?
331. When is a case moot and academic?
332. Should courts decline jurisdiction over moot and academic cases?
333. What is meant by the political question doctrine?
10334. What does the mandate of the Constitution that the judiciary shall enjoy fiscal autonomy
contemplate?
335. What does the Principle of Judicial Restraint mean?
336. What are political questions?
337. What are the constitutional safeguards that guarantee independence of the judiciary?
338. What are the functions of the JBC?
339. How are members of the judiciary appointed?
340. What is the composition of the JBC?
341. How long can members of the SC and judges hold office?
342. Does the prohibition against midnight appointments (Sec. 15, Art. VII two months immediately
before the next
presidential elections and up to the end of his term, a President or acting President shall not make
appointments
except temporary appointments to executive positions when continued vacancies therein will prejudice
public
service or endanger public safety) affect appointments to the Supreme Court?
343. What are the general qualifications for appointments to the judiciary?
344. What are the qualifications for appointments to the SC?
345. What are the qualifications for appointments to lower collegiate courts?
346. What are the qualifications for appointments to lower courts?
347. What is the scope of the rule making power of the SC?
348. What are the cases that should be heard by the SC en banc?
349. Who holds the power of disciplinary action over judges of lower courts?
350. Does the CSC have jurisdiction over an employee of the judiciary for acts committed while said
employee was still
in the executive branch?
351. What are the Constitutional Commissions?
352. Discuss the creation of the Constitutional Commission.
353. What are the guarantees of independence provided for by the Constitution to the 3 Commissions?
354. What are the prohibitions and inhibitions attached to the officers of Constitutional Commissions?
355. Discuss the certiorari jurisdiction of the SC over these Commissions.
356. What are the requisites for the effective operation of the rotational scheme of terms of
constitutional bodies?
357. What is the composition of the CSC?
358. What are the qualifications of the CSC Commissioners?
359. Discuss the decisionmaking process in these Commissions.
360. Discuss the rule on appeals.
361. What are the functions of the CSC?
362. What is the term of office of the CSC Commissioners?
363. What is the meaning and guarantee of security of tenure?
364. What is the composition of the COMELEC?
365. What are the qualifications of the COMELEC Commissioners?
366. What is the term of office of the COMELEC Commissioners?
367. May the President designate a member of the COMELEC as acting Chairman? Explain.
368. What are the constitutional powers and functions of the COMELEC?
369. All election cases, including preproclamation controversies, must be decided by the COMELEC in
division. Should
a party be dissatisfied with the decision, what remedy is available?
11370. Can the COMELEC exercise its power of contempt in connection with its functions as the National
Board of
Canvassers during the elections?
371. What cases fall under the jurisdiction of COMELEC by division?
372. What cases fall under the jurisdiction of COMELEC en banc?
373. What are the acts that fall under the COMELECs power to supervise or regulate?
374. What is the term of office of the COA Commissioners?
375. What is its composition?
376. What are the qualifications of COA Commissioners?
377. constitutional powers and functions?
378. Can the COA be divested of its power to examine and audit government agencies?
379. The PNB was then one of the leading governmentowned banks and it was under the audit
jurisdiction of the COA.
A few years ago, it was privatized. What is the effect, if any, of the privatization of PNB on the audit
jurisdiction of the
COA?
380. How are decisions of the commissions reviewed by the SC?
381. When certiorari to the Supreme Court is chosen, what is required?
382.Q; Does the CSC have the power to hear and decide administrative cases?
383. Which body has the jurisdiction on personnel actions, covered by the civil service?
384. Which body has the exclusive original jurisdiction over all contests relating to the elections?
385. What is the difference between the jurisdiction of the COMELEC before the proclamation and its
jurisdiction after
proclamation?
386. What are the common limitations of these powers?
FUNDAMENTAL POWERS OF THE STATE
387. What are the fundamental powers of the State?
388. What are the similarities among the fundamental powers of the State?
389. What are the characteristics of police power as compared to the powers of taxation and eminent
domain?
390. What are the aspects of police power?
391. Who exercises police power?
392. What are the requisites for the valid exercise of police power by the delegate?
393. Can anyone compel the government to exercise police power?
394. Can the courts interfere with the exercise of police power?
395. What are the tests to determine the validity of a police measure?
396. Distinguish the between the power of expropriation as exercised by Congress and the power of
expropriation as
exercised by delegates.
397. What are the requisites for a valid taking?
398. What properties can be taken?
399. What properties cannot be taken?
400. What are the conditions for the exercise of the power of eminent domain?
401. Who exercises the power of eminent domain?
402. Distinguish eminent domain from destruction from necessity.
403. When should assessment of the value of the property be determined?
404. Does nonpayment of just compensation entitle the private owner to recover possession of the
expropriated
property?
12405. Is the owner entitled to the payment of interest? How about reimbursement of taxes paid on the
property?
406. Does the requisite of public use mean use by the public at large?
407. What is just compensation?
408. Does compensation have to be paid in money?
409. What legal interest should be used in the computation of interest on just compensation?
410. What are taxes and what is taxation?
411. What is the source of the obligation to pay taxes?
412. What are the matters left to the discretion of the legislature?
413. What are Constitutional limitations in taxation?
414. Do local government units have the power of taxation?
415. Should there be notice and hearing for the enactment of tax laws?
416. What are the inherent limitations in taxation?
417. What are the limitations, in general, on the power of taxation?
418. What is the meaning of uniformity in taxation?
419. What is a progressive system of taxation? This means that the tax rate increases as the
420. What is double taxation?
421. What are the kinds of tax exemptions?
422. Once an exemption is granted by the legislature, may such exemption be revoked at will?
423. What is the Bill of Rights?
424. When can the Bill of Rights be invoked?
425. Can the Bill of Rights be invoked against private individuals?
426. What is due process?
427. What is the nature of a license fee?
428. What are the requirements of due process in judicial proceedings?
429. Is the right to appeal part of due process?
430. Distinguish due process in administrative proceedings from due process in judicial proceeding.
431. What is the nature of procedural due process in student discipline proceedings?
432. What are the instances when hearings are not necessary?
433. What are the fundamental elements of procedural due process?
434. Does due process require a trialtype proceeding?
435. Differentiate constitutional due process from statutory due process.
436. What are the two aspects of due process? Explain.
437. Is there a hierarchy of constitutional rights?
438. Given the fact that not all rights and freedoms or liberties under the Bill of Rights and other values
of society are of
similar weight and importance, governmental regulations that affect them would have to be evaluated
based on
different yardsticks, or standards of review. What are these standards of review?
439. What is the Overbreadth Doctrine?
440. Can criminal statutes be declared invalid for being overbroad?
441. Is legislation couched in imprecise language void for vagueness?
442. Explain the void for vagueness doctrine?
13443. What is the test in determining whether a criminal statute is void for uncertainty?
444. What is the concept of equal protection of the laws?
445. What are the requisites for a valid classification?
446. Does equal protection of the laws apply to both citizens and aliens?
447. Is classification of citizens by the legislature unconstitutional?
448. What is the rationale for allowing, in exceptional cases, valid classification based on citizenship?
449. What is the intensified means test or the balancing of interest/equality test?
450. What is the essence of privacy?
451. What are the requisites of a valid search warrant and warrant of arrest?
452. What are general warrants?
453. What is the purpose of particularity of description?
454. When is particularity of description complied with?
455. What are the properties subject to seizure?
456. What is probable cause?
457. How is probable cause determined personally by the judge?
458. What constitutes searching questions?
459. What are the instances of a valid warrantless arrest?
460. What constitutes personal knowledge?
461. Can there be a waiver of the right to question an invalid arrest?
462. Are there any other instances where a peace officer can validly conduct a warrantless arrest?
463. Can the place to be searched, as set out in the warrant be amplified or modified by the officers
personal knowledge
of the premises or evidence they adduce in support of their application for the warrant?
464. Which court has the primary jurisdiction in issuing search warrants?
465. Does the Constitution limit to judges the authority to issue warrants of arrests?
466. What is the nature of a search warrant proceeding?
467. What are the instances of a valid warrantless search?
468. What is the Plain View Doctrine?
469. What is a stopandfrisk search?
470. Are searches conducted in checkpoints lawful?
471. When may motorists and their vehicles passing though checkpoints be stopped and extensively
searched?
472. Valeroso was arrested by virtue of a warrant of arrest. At that time, Valeroso was sleeping. He was
pulled out of the
room. The other police officers remained inside the room and ransacked the locked cabinet where they
found a
firearm and ammunition. Is the warrantless search and seizure of the firearm and ammunition justified
as an incident
to a lawful arrest?
473. When is there an administrative arrest?
474. When is a person arrested in a deportation proceedings?
475. Is a law requiring mandatory drug testing for students of secondary and tertiary schools
unconstitutional?
476. Is a law requiring mandatory drug testing for officers and employees of public and private offices
unconstitutional?
477. The general rule is that the right to privacy of communication and correspondence is inviolable.
What are the
exceptions?
478. Is the use of telephone extension a violation of R.A. 4200 (AntiWire Tapping Law)?
14479. Is the tape recording of a telephone conversation containing a persons admission admissible in
evidence? Why?
480. Are letters of a husbands paramour kept inside the husbands drawer, presented by the wife in the
proceeding for
legal separation, admissible in evidence?
481. What does the exclusionary rule state?
482. What is the writ of habeas data?
483. What are the reliefs that may be obtained in the petition for issuance of writ of habeas data?
484. What is the concept and scope of protected freedom of expression under the Constitution?
485.Q. What is the concept behind the provision?
486. What are the limitations of freedom of expression?
487. What are the four aspects of freedom of speech and press?
488. What are considered protected speech?
489. Does a violation of any law justify the suppression of exercise of freedom of speech and of the
press?
490. What is the first prohibition of the free speech and press clause?
491. Is the prohibition of prior restraint absolute?
492. What is the second basic prohibition of the free speech and press clause?
493. Is freedom from subsequent punishment absolute?
494. Discuss the Doctrine of Fair Comment.
495. A national daily newspaper carried an exclusive report stating that Senator XX received a house and
lot located at
YY Street, Makati, in consideration for his vote cutting cigarette taxes by 50%. The Senator sued the
newspaper, its
reporter, editor and publisher for libel, claiming the report was completely false and malicious.
According to the
Senator, there is no YY Street in Makati, and the tax cut was only 20%. He claimed one million pesos in
damages.
The defendants denied "actual malice," claiming privileged communication and absolute freedom of the
press to
report on public officials and matters of public concern. If there was any error, the newspaper said it
would publish
the correction promptly. Is there "actual malice" in the newspapers reportage? How is "actual malice"
defined? Are
the defendants liable for damages?
496. Is the Borjal doctrine applicable in a case where the allegations against a public official were false
and that the
journalist did not exert effort to verify the information before publishing his articles?
497. Distinguish content-neutral regulation from content-based restraint or censorship.
498. The NTC issued a warning that that the continuous airing or broadcast by radio and television
stations of the an
alleged wiretapped conversation involving the President allegedly fixing votes in the 2004 national
elections is a
continuing violation of the AntiWiretapping Law and shall be just cause for the suspension, revocation
and/or
cancellation of the licenses or authorizations issued to the said companies. Were the rights to freedom
of
expression and of the press, and the right of the people to information on matters of public concern
violated?
499. What do you mean by Facial Challenges?
500. How is "facial" challenge different from "as applied" challenge?
501. Are facial challenges allowed in penal statutes?
502. What is the Overbreadth Doctrine?
503. What are the tests for valid governmental interference to freedom of expression?
504. Can an offensive and obscene language uttered in a primetime television broadcast which was
easily accessible to
the children be reasonably curtailed and validly restrained?
505. Is broadcast media entitled to the same treatment under the free speech guarantee of the
Constitution as the print
media?
506. Can the trial of Napoles in the Sandiganbayan or any other court be broadcasted in TV or radio?
507. What is the meaning of commercial speech?
508. In order for government to curtail commercial speech what must be shown?
15509. Differentiate Government Speech From Private Speech.
510. Is the right to assembly subject to prior restraint?
511. What is the socalled permit system?
512. What is the rule on assembly in private properties?
513. What are the two tests applicable to the exercise of the right to assembly?
514. What is a Hecklers Veto?
515. What are the two guarantees contained in Sec. 5 Article III of the 1987 Constitution?
516. What is the nonestablishment clause?
517. What are the aspects of freedom of religious profession and worship?
518. Give some exceptions to the non establishment clause as held by jurisprudence.
519. What is the Lemon test?
520. What is the Compelling State Interest test?
521. A religious organization has a weekly television program. The program presents and propagates its
religious
doctrines and compares their practices with those of other religions. As the MTRCB found as offensive
several
episodes of the program which attacked other religions, the MTRCB required the organization to submit
its tapes for
review prior to airing. The religious organization brought the case to court on the ground that the action
of the
MTRCB suppresses its freedom of speech and interferes with its right to free exercise of religion. Decide.
522. X, a court interpreter, is living with a man not her husband. Y filed the charge against X as he
believes that she is
committing an immoral act that tarnishes the image of the court, thus she should not be allowed to
remain employed
therein as it might appear that the court condones her act. X admitted that she has been living with Z
without the
benefit of marriage for twenty years and that they have a son. But as a member of the religious sect
known as the
Jehovahs Witnesses and the Watch Tower and Bible Tract Society, their conjugal arrangement is in
conformity with
their religious beliefs. In fact, after ten years of living together, she executed on July 28, 1991 a
Declaration of
Pledging Faithfulness. Should Xs right to religious freedom carve out an exception from the prevailing
jurisprudence
on illicit relations for which government employees are held administratively liable?
523. "X" is serving his prison sentence in Muntinlupa. He belongs to a religious sect that prohibits the
eating of meat. He
asked the Director of Prisons that he be served with meatless diet. The Director refused and "X" sued
the Director
for damages for violating his religious freedom. Decide.
524. Ang Ladlad is an organization composed of men and women who identify themselves as lesbians,
gays, bisexuals,
or transgendered individuals (LGBTs). Ang Ladlad applied for registration with the COMELEC. The
COMELEC
dismissed the petition on moral grounds, stating that definition of sexual orientation of the LGBT sector
makes it
crystal clear that petitioner tolerates immorality which offends religious beliefs based on the Bible and
the Koran.
Ang Ladlad argued that the denial of accreditation, insofar as it justified the exclusion by using religious
dogma,
violated the constitutional guarantees against the establishment of religion. Is this argument correct?
525. What are the rights guaranteed under Section 6 of the Bill of Rights?
526. What is the limitation on the liberty of abode?
527. Is the right to return to ones country guaranteed in the Bill of Rights?
528. The military commander in charge of the operation against rebel groups directed the inhabitants of
the island which
would be the target of attack by government forces to evacuate the area and offered the residents
temporary
military hamlet. Can the military commander force the residents to transfer their places of abode
without a court
order?
529. What is the limitation on the right to travel?
530. What is the scope of the right?
531. What are the limitations and exceptions to the right to information and access to public records?
532. Is there a need for publication of laws to reinforce the right to information?
533. During the pendency of the intestate proceedings, Ramon, a creditor of the deceased, filed a
motion with a prayer
that an order be issued requiring the Branch Clerk of Court to furnish him with copies of all processes
and orders
and to require the administratrix to serve him copies of all pleadings in the proceedings. The judge
denied the
16motion because the law does not give a blanket authority to any person to have access to official
records and
documents and papers pertaining to official acts. The judge said that his interest is more of personal
than of public
concern. Is the judge correct?
534. May the government, through the PCGG, be required to reveal the proposed terms of a
compromise agreement
with the Marcos heirs as regards their alleged illgotten wealth?
535. Petitioners request that they be given a copy of the text of the JPEPA and the offers and
negotiations between the
Philippines and Japan. Are these matters of public concern? Can they be disclosed?
536. What is the difference between the right to unionize and the right to association?
537. What constitutes freedom of association?
538. Is the right to strike included in the right to form unions or freedom of assembly by government
employees?
539.When a particular public use is abandoned, does its former owner acquire a cause of action for
recovery of the
property?
540. An ordinance of Quezon City requires memorial park operators to set aside at least 6% of their
cemetery for charity
burial of deceased persons. Is this a valid exercise of police power?
541. Can there be expropriation in right of way easement?
542. Causby sued the United States for trespassing on his land, complaining specifically about how
"lowflying military
planes caused the plaintiffs' chickens to 'jump up against the side of the chicken house and the walls and
burst
themselves open and die. Are they entitled to compensation by reason of taking clause?
543. The National Historical Institute declared the parcel of land owned by Petitioners as a national
historical landmark,
because it was the site of the birth of Felix Manalo, the founder of Iglesia ni Cristo. The Republic of the
Philippines
filed an action to appropriate the land. Petitioners argued that the expropriation was not for a public
purpose. Is this
correct?
544. Is expropriation of private lands for slum clearance and urban development for public purpose?
545. May laws be enacted even if the result would be the impairment of contracts?
546. What constitutes impairment?
547. PAL (a former GOCC) and Kuwait Airways entered into a Commercial Agreement and Joint Services
Agreement.
Can the execution of the Commercial Memorandum of Understanding between Kuwait and Philippine
Government
automatically terminate the aforementioned agreement?
548. May there be a valid impairment of contracts even if the act in question is done by an entity other
than the
legislature? What is the significance of this provision?
549. What are the Miranda rights?
550. What are the rights and limitations of a person in a preliminary investigation?
551. When do these rights become available?
552. X was criminally charged. An information was filed against him and he was subsequently arrested
pursuant to a
warrant of arrest issued by the court. Later X executed an extrajudicial confession thru a Sinumpaang
Salaysay
without the assistance of counsel. Xs counsel moved that the Sinumpaang Salaysay bedeclared
inadmissible in
court since the same was in violation of his Miranda Rights. The court denied on the ground that the
Miranda Rights
are only applicable during custodial investigation and after the filing of the information he can no longer
invoke the
same. Decide.
553. When are the Miranda rights unavailable?
554. What are the rights that may be waived?
555. What are the requisites for a valid waiver of these rights?
556. Is a confession given to a mayor admissible in court?
557. Decide on the admissibility as evidence of confessions given to news reporters and/or media and
videotaped
confessions.
558. What is the fruit of the poisonous tree doctrine?
559. What is the relevance of this act in relation to Rights of Suspects?
17560. What is the relevance of Anti Torture Act of 2009 in relation to Rights of Suspects?
561.What are the salient features of this act?
562. What are the rights of the accused?
563. What are the requisites of criminal due process?
564. What is meant by bail?
565. When may the right to bail be invoked?
566. When is bail a matter of right?
567. When is bail a matter of discretion?
568. When shall bail be denied?
569. Who are not entitled to bail?
570. What are the factors to be considered in setting the amount of bail?
571. Should there be a hearing?
572. Is the right to bail available to an alien during the pendency of deportation proceedings?
573. How is the presumption applied?
574. Who may invoke the presumption of innocence?
575. What is the Equipoise Rule?
576. OZ lost five heads of cattle which he reported to the police as stolen from his barn. He requested
several
neighbors, including RR, for help in looking for the missing animals. After an extensive search, the police
found two
heads in RR's farm. RR could not explain to the police how they got hidden in a remote area of his farm.
Insisting on
his innocence, RR consulted a lawyer who told him he has a right to be presumed innocent under the Bill
of Rights.
But there is another presumption of theft arising from his unexplained possession of stolen cattle under
the penal
law. Are the two presumptions capable of reconciliation in this case? If so, can they be reconciled? If
not, which
should prevail?
577. The RTC QC rendered a decision convicting Judge Angeles of violation of R.A. 7610. The criminal
cases are now
on appeal before the Court of Appeals. Meanwhile, Senior Sate Prosecutor Velasco (SSP Velasco)
suggested the
immediate suspension of Angeles. SSP Velasco posited that since Judge Angeles stands convicted of two
counts of
child abuse, her moral qualification as a judge is in question. Judge Angeles manifested that she still
enjoys the
presumption of innocence since the criminal cases are on appeal. Does she still enjoy the presumption
of innocence
if the judgment convicting her is on appeal?
578. Does this right pertain to mere presence of a lawyer in the courtroom?
579. Several individuals were tried and convicted of Piracy in Philippine Waters as defined in PD 532.
However, it was
discovered that the lawyer, Mr. Posadas, who represented them was not a member of the bar although
evidence
shows that he was knowledgeable in the rules of legal procedure. The accused now allege that their
conviction
should be set aside since they were deprived of due process. Are they correct?
580. X was criminally charged in court. He hired as counsel Y, who has many highprofile clients. Due to
his many
clients, Y cannot attend the hearing of the case of X. He requested many times to have the hearings
postponed. The
case dragged on slowly. The judge in his desire to finish the case as early as practicable under the
continuous trial
system appointed a counsel de officio and withdrew the counsel de parte. Is the action of the judge
valid?
581. What would determine the nature and cause of accusation?
582. What are the requisites for properly informing the accused of the nature and cause of accusation?
What is the
rationale for this right?
583. What happens if the information fails to allege the material elements of the offense?
584. How is the void for vagueness doctrine related to this right?
585. May a person be convicted of the crime proved if the same is different from the crime charged?
586. May the right to be informed of the nature and cause of accusation be waived?
587. What is meant by speedy trial?
18588. What is meant by impartial trial?
589. Why must the trial be public?
590. What is the purpose of the right of confrontation?
591. What is the effect of failure to crossexamine?
592. Are affidavits of witnesses who are not presented during trial admissible?
593. What are the means available to the parties to compel the attendance of witnesses and the
production of
documents and things needed in the prosecution or defense of a case?
594. What is the difference between subpoena ad testificandum and subpoena duces tecum?
595. What is the requirement for the issuance of subpoena duces tecum?
596. What are the requirements for the exercise of the right to secure attendance of witness?
597. When is the right to crossexamine demandable?
598. What are the principal exceptions to the right of confrontation?
599. What is the Writ of Habeas Corpus?
600. What is the Privilege of the Writ of Habeas Corpus?
601. To what situations does the writ apply?
602. May the Writ of Habeas Corpus be used as a means of obtaining evidence on the whereabouts of a
person?
603. Is the presence of the accused mandatory?
604. Can there be promulgation of judgment in absentia?
605. X was arrested by the military on the basis of a mission order issued by the Department of Defense.
A petition for
habeas corpus was filed. The writ was issued. Later an information for rebellion was filed against X. The
military
moved that the petition should be dismissed for having become moot and academic. Decide.
606. What is the Writ of Amparo?
607. What are extralegal killings?
608. What constitutes enforced disappearances?
609. What are the main advantages of the Writ of Amparo over the Writ of Habeas Corpus?
610. Engr. Tagitis disappeared one day and his wife filed a petition for the Writ of Amparo with the CA
directed against
the PNP, claiming that the unexplained uncooperative behaviour of the respondents request for help
and their
failure and refusal to extend assistance in locating the whereabouts of Tagitis were indicative of their
actual physical
possession and custody of the missing engineer. The PNP was held responsible for the enforced
disappearance
of Engr. Tagitis. Is this valid?
611. Fr. Reyes was charged with rebellion and his name was included in the hold departure list. The case
was later on
dismissed but the Hold Departure Order still subsisted. Can the Writ of Amparo be invoked to protect his
right to
travel?
612. X and Y were abducted by the Citizens Armed Forces Geographical Unit (CAGFU). They were taken
to various
military camps, put in chains, and tortured. While detained, they were threatened that if they escape,
they and their
families would be killed. While in captivity, they met A, B, and C who were also prisoners. Eventually, X
and Y were
able to escape. Presently, X and Y are now in protective custody under private individuals. X and Y then
filed a
petition for the issuance of the Writ of Amparo, implicating several officers of the military as their
abductors. They
allege that their cause of action consists in the threat to their right to life and liberty, and a violation of
their right to
security. Considering the fact that they have already escaped, will the petition still prosper?
613. When is the right against self-incrimination available?
614. When is a question incriminating?
615. When is the right against selfincrimination applied?
616. What is the difference between an accused and an ordinary witness with respect to the right
against
selfincrimination?
19617. What is the scope of the Privilege against Self-incrimination?
618. Do re-enactments violate a person's right against selfincrimination?
619. Fiscal A petitioned the lower court to order X to appear before the former to take dictation in Xs
own handwriting to
determine whether or not it was X who wrote certain documents
620.supposed to be falsified. The lower court granted the petition of the fiscal. X refused what the fiscal
demanded and
sought refuge in the constitutional provision of his right against self incrimination. Is Xs contention
valid?
621. Distinguish Derivative-Use Immunity from Transactional Immunity.
622. Republic of the Philippines filed a case against Westinghouse Corporation before the US District
Court due to the
belief that Westinghouse contract for the construction of the Bataan Nuclear power plant, which was
brokered by
Herminios Disinis company, had been attended by anomalies. Having worked as Herminios executive
in the
latters company for 15 years, the Republic asked Jesus Disini to give his testimony regarding the case.
623.An immunity agreement was entered between Jesus and the Republic which Disini undertook to
testify for his
government and provide its lawyers with informations needed to prosecute the case. Said agreement
gave Jesus an
assurance that he shall not be compelled to give further testimonies in any proceeding other than the
present
matter. Jesus complied with his undertaking but 18 years after the Sandiganbayan issued a subpoena
against him,
commanding to testify and produce documents before said court in an action filed against Herminio.
624.Can Jesus be compelled to testify before the Sandiganbayan?
625. X and Y were called before the AGRAVA Board to elicit and determine the surrounding facts and
circumstances of
the assassination of Benigno Aquino Sr. Section 5 of the same law (P.D. 1886) creating the Board
compels a person
to take the witness stand, testify or produce evidence, under the pain of contempt if they failed or
refused to do so.
X and Y gave their testimonies without having been informed of their right to remain silent and that any
statement
given by them may be used against them. The Board then used the information from the testimonies of
X and Y to
support the prosecution's case against them in Sandiganbayan. The Board contends that the fact that X
and Y
testified before the Board constituted as a valid waiver of their constitutional rights to remain silent and
not to be
compelled to be a witness against themselves. 1. Was there a valid waiver of the rights? 2. Are the
testimonies of X
and Y admissible in court? 3. How can the unconstitutional effects be reconciled?
626. What is the effect of denial of privilege against selfincrimination?
627. R.A. 9165 requires mandatory drug testing for persons charged before the prosecutors office with
criminal offenses
punishable with 6 years and 1 day imprisonment. Petitioner SJS questions the constitutionality of the
law on the
ground that it violates the rights to privacy and against selfincrimination of an accused. Decide.
628. What is involuntary servitude?
629. What are the punishments covered?
630. When is a penalty cruel and inhuman?
631. When is a penalty degrading?
632. What are the standards used to determine if the penalty is cruel and inhuman?
633. What is the coverage of the provision on non-imprisonment for debt?
634. If the debtor contracted the debt through fraud, may he be imprisoned?
635. What is Double Jeopardy?
636. What are the two types of double jeopardy?
637. When will double jeopardy attach?
638. What are the requisites of double jeopardy?
639. When is the defense of double jeopardy not available?
640. What is the Doctrine of Supervening Event?
641. Will the conviction of an accused bar another prosecution for an offense which necessarily includes
the offense
originally charged?
642. X was charged with a criminal case in the court. He was arraigned and he pleaded not guilty. Later
the prosecution
moved to dismiss the case. The counsel for the accused wrote No Objection at the bottom of the
prosecutors
motion. The court granted the motion and dismissed the case against X. A year after, X was later
charged for the
20same case. May X invoke the right against double jeopardy?
643. Two policemen were charged before the Sandiganbayan for the death of two men. However, the
prosecution was
ordered to amend the information and the accused were arraigned anew and consequestly convicted.
Were they
placed in double jeopardy?
644. If the first case was dismissed due to insufficiency of evidence without giving the prosecution the
opportunity to
present its evidence, has jeopardy attached?
645. What are the kinds of ex post facto law?
646. What is a bill of attainder?
647. X was charged with illegal possession of firearms. When X committed the offense, the governing
law was PD 1866,
which provided for the penalty of reclusion temporal to reclusion perpetua. However, while the case
was pending,
PD 1866 was amended by RA 8294, which reduced the penalty to prision correccional but increasing the
amount of
fine. If X is convicted, which penalty shall be imposed?
648. What is citizenship?
649. What are the modes of acquiring citizenship?
650. Can there be judicial declaration that a person is a Filipino citizen? Why?
651. Who are citizens of the Philippines?
652. What is the Caram Rule?
653. Who are natural-born citizens?
654. What is the rule regarding marriage of a Filipino with an alien?
655. State the qualifications for naturalization.
656. Who are disqualified for naturalization?
657. Differentiate a Direct naturalization from a Derivative naturalization.
658. What are the effects of naturalization?
659. What are the grounds for denaturalization?
660. What are the effects of denaturalization?
661. What are the grounds for loss of Philippine citizenship?
662. How is citizenship renounced?
663. Does res judicata set in citizenship cases?
664. What are the ways to reacquire citizenship?
665. Distinguish naturalization from repatriation.
666. Distinguish dual citizenship from dual allegiance.
667. How is repatriation effected?
668. What is the effect of repatriation?
669. What is an example of reacquisition of citizenship by the direct act of congress?
670. What is the effect of reacquisition of citizenship on civil and political rights?
671. Are persons possessing dual citizenship by virtue of birth barred from running for public office?
672. A, a naturalized US citizen, sought to reacquire his Philippine citizenship. He took his oath of
allegiance to the
Republic of the Philippines before the Vice Consul. He then ran and won as Vice Mayor of a municipality.
The
COMELEC, however, disqualified him on the ground that he failed to renounce his US citizenship. Is A
disqualified
from running as a candidate in the local elections for his failure to make a personal and sworn
renunciation of his
US citizenship?
673. A is a naturalized citizen of another country who reacquires Filipino citizenship. On the other
hand, B possesses
dual citizenship by birth. If they desire to run for elective public office, what requirement must they
comply as
regards their citizenship?
21674. Define public office.
675. How are public offices created?
676. What are the elements of a public office?
677. President Benigno Aquino III issue Executive Order No. 1 creating the Philippine Truth Commission
(PTC). The
legality of the creation of the PTC was assailed before the Supreme Court. The petitioners contend that
the PTC is a
public office and thus the president is without authority to create it. It was further contended that the
creation of a
public office lies within the province of the legislature. The Office of the Solicitor General (OSG)
countered that the
creation of a factfinding body like the PTC is covered by the Presidents power of reorganization under
the
Administrative Code and the Presidents power of control. The OSG likewise contends that Congress has
delegated
to the President the power to create public offices by virtue of P.D. 1416, as amended by P.D. 1772.
678.Does the creation of the PTC fall within the ambit of the power to reorganize as expressed in
Section 31 of the
Revised Administrative Code?
679. Is the creation of the PTC justified by the Presidents power of control.
680. Can P.D. 1416 be used as justification for the Presidents power to create public offices, particularly
the PTC?
681. What then could be the justification for the Presidents creation of the PTC?
682. What are the characteristics of a public office?
683.What is the principle of "public office is a public trust?"
684. What does the concept "public office is not a property mean?
685. What are the classifications of government employment?
686. What are included in the career service?
687.What are the distinctions between career service and noncareer service?
688. What are the modes of filling up public offices?
689. What are the classifications of appointments?
690. What is the nature of an "acting appointment" to a government office? Does such an appointment
give the
appointee the right to claim that the appointment will, in time, ripen into a permanent one? Explain.
691. What is a provisional appointment?
692. Can the President submit to the Commission on Appointments an appointment for confirmation
when it does not
need the consent of the same?
693. When is an appointment in the civil service permanent?
694. What is the nature of an ad interim appointment?
695. Differentiate regular from ad interim appointments?
696. Distinguish between an "appointment in an acting capacity" extended by a Department Secretary
from an ad
interim appointment extended by the President.
697. Distinguish between a provisional and a temporary appointment.
698. Can the CSC revoke an appointment by the appointing power and direct the appointment of an
individual of its
choice?
699. What is the concept of protest to appointment?
700. What is the concept of revocation and recall of appointment?
701. What are the three (3) kinds of terms?
702. Distinguish term from tenure.
703.What is the concept of holdover
704. What are the requirements for public office?
705. State the prohibitions imposed under the 1987 Constitution against the holding of 2 or more
positions.
706. What is the rule against the appointment of members of the official family of the President?
22707. As an exception to the rule against holding 2 or more positions, which public officers are allowed
by the Constitution
to hold other positions in the Government?
708. What kind of gifts or grants may public officers accept from foreign governments?
709. What is meant by partisan political activity?
710. Can appointive officials engage in partisan political activities?
711. Describe the extent of the right to self organization of employees in the public service?
712. Does the election or appointment of an attorney to a government office disqualify him from
engaging in the private
practice of law?
713. What are the other prohibitions imposed on public officers?
714. What kind of public officers may engage in partisan political activities?
715. Is a lawyer member who is also a member of the Legislature absolutely prohibited from engaging
the private
practice of law?
716. Under the Local Government Code, can the members of Sanggunian engage in the practice of law?
717. Under the Local Government Code, what are the prohibitions against the practice of other
professions?
718. Can public officers engage in a private business?
719. What are the prohibitions under RA 6713 or Code of Conduct and Ethical Standards for Public
Officials and
Employees?
720. What powers may be exercised by public officers?
721. What are the rights and privileges of public officers?
722. What is the Doctrine of Necessary Implication?
723. Is there any protection in the exercise of this power?
724. What are the kinds of duties of public officers?
725. What are the duties of public officers?
726. Is the suspended public official entitled to payment of salary?
727. Can the de jure officer recover the salary received by the de facto officer?
728. Can public officials avail of the services of the Solicitor General?
729. State the threefold responsibility/liability of public officers.
730. Are public officers liable for injuries sustained by another in the performance of his official acts
done within the
scope of his authority?
731. What are the liabilities of ministerial officers?
732. What is the doctrine of Command Responsibility?
733. What are the grounds for the discipline of public officers?
734. What is the concept of security of tenure?
735. What is the nature of preventive suspension?
736. What are the periods for preventive suspension?
737.What are the distinctions between preventive suspension pending investigation and pending
appeal?
738. Is a public officer entitled to back wages during his suspension pending appeal when the result of
the decision from
such appeal does not amount to complete exoneration but carries with it a certain number of days of
suspension?
739. What is a disciplinary action?
740.Are decisions in a disciplinary action appealable?
741. Does executive clemency carry with it payment of backwages?
742. Are public officers immune from liabilities?
23743. What is the basis for this immunity?
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