DAY 1 (AM) Political and International Law Flashcards
I. The equal protection clause is violated by __________.
(A) a law prohibiting motorcycles from plying on limited access highways.
(B) a law granting Value Added Tax exemption to electric cooperatives that sells electricity to the “homeless poor.”
(C) a law providing that a policeman shall be preventively suspended until the termination of a criminal case against him.
(D) a law providing higher salaries to teachers in public schools who are “foreign hires.”
(E) a law that grants rights to local Filipino workers but denies the same rights to overseas Filipino workers.
(D) a law providing higher salaries to teachers in public schools who are “foreign hires.”
(International School Alliance of Educators v. Quisumbing, G.R. No. 128845, June 1, 2000)
II. Offended by the President’s remarks that the Bureau of Customs is a pit of misfits and the corrupt, the Bureau of Customs Employees Association composed of 3,000 workers seeks your legal advice on how best to protest what it views to be the President’s baseless remarks.
A prudent legal advice is that __________.
(A) employees can go on mass leave of absence for one week.
(B) employees can march and rally at Mendiola every Monday.
(C) employees can barricade the gates of the Port of Manila at South Harbor and call for the resignation of the incumbent Commissioner of Customs.
(D) employees can wear black arm bands and pins with the word “UNFAIR” inscribed.
(E) None of the above can legally be done.
(D) employees can wear black arm bands and pins with the word “UNFAIR” inscribed.
(Government Service Insurance System v. Villaviza, G.R. No. 180291, July 27, 2010)
III. Congress enacted Republic Act No. 1234 requiring all candidates for public offices to post an election bond equivalent to the one (1) year salary for the position for which they are candidates. The bond shall be forfeited if the candidates fail to obtain at least 10% of the votes cast.
Is Republic Act No. 1234 valid?
(A) It is valid as the bond is a means of ensuring fair, honest, peaceful and orderly elections.
(B) It is valid as the bond requirement ensures that only candidates with sufficient means and who cannot be corrupted, can runfor public office.
(C) It is invalid as the requirement effectively imposes a property qualification to run for public office.
(D) It is invalid as the amount of the surety bond is excessive and unconscionable.
(E) It is valid because it is a reasonable requirement; the Constitution itself expressly supports the accountability of public officers.
(C) It is invalid as the requirement effectively imposes a property qualification to run for public office.
(Maquera v. Borra, G.R. No. L-24761, September 7, 1965)
IV. What is the legal effect of decisions of the International Court of Justice in cases submitted to it for resolution?
(A) The decision is binding on other countries in similar situations.
(B) The decision is not binding on any country, even the countries that are parties to the case.
(C) The decision is binding only on the parties but only with respect to that particular case.
(D) The decision is not binding on the parties and is only advisory.
(E) The binding effect on the parties depends on their submission agreement.
(C) The decision is binding only on the parties but only with respect to that particular case.
(Article 59 of the Statute of the International Court of Justice)
V. Under the UN Convention on the Law of the Sea, the exclusive economic zone refers to an area ______.
(A) that is at least 100 miles from the baselines from which the outer limit of the territorial sea is measured.
(B) that is at least 200 miles but not to exceed 300 miles from the baselines from which the outer limit of the territorial sea is measured.
(C) beyond and adjacent to a country’s territorial sea which cannot go beyond 200 nautical miles from the baselines from which the outer limit of the territorial sea is measured.
(D) that can go beyond 3 nautical miles but cannot extend 300 nautical miles from the baselines from which the outer limit of the territorial sea is measured.
(E) none of the above.
(E) none of the above.
The nearest to the accurate answer may be (C) but it proposes that the EEZ cannot go beyond 200 nautical miles “from the baseline from which the outer limit of the territorial sea is measured”.
This is not correct because the baseline is the point from which the entire breadth of the territorial sea is measured pursuant to Article 57 of the UNCLOS, not only from its outer limit as indicated in Letter (C). Letter (C) excludes the entire breadth of the territorial sea of 12 nautical miles from the EEZ contrary to the text of said Article 57.
If Letter (C) is followed, EEZ will only measure 200 nautical miles minus 2 nautical miles of the territorial sea, resulting in the EEZ measuring only 188 nautical miles in breadth.
VI. A child born under either the 1973 or the 1987 Constitution, whose father or mother is a Filipino citizen at the time of his birth, is __________.
(A) not a Filipino citizen as his father and mother must both be Filipino citizens at the time of his birth.
(B) not a Filipino citizen if his mother is a Filipino citizen but his father is not, at the time of his birth.
(C) a Filipino citizen no matter where he or she may be born.
(D) a Filipino citizen provided the child is born in the Philippines.
(E) a Filipino citizen if he or she so elects upon reaching the age of 21.
(C) a Filipino citizen no matter where he or she may be born.
(Article III, Section 1(2) of the 1973 Constitution & Article IV, Section 1(2) of the 1987 Constitution)
VII. Who has control of the expenditure of public funds?
(A) The Office of the President through the Department of Budget and Management
(B) The House of Representatives from where all appropriation bills emanate
(C) The Senate through its Committee on Finance
(D) The Congress of the Republic of the Philippines
(E) Both the members of Congress and the President acting jointly, if so provided by the General Appropriations Act
(A) The Office of the President through the Department of Budget and Management
(Lawyers Against Monopoly and Poverty v. Secretary of Budget and Management, G.R. No. 164987, April 24, 2012)
VIII. May the power of cities to raise revenues be limited by an executive order of the President?
(A) Yes, because local government units are under the administrative control of the President through the Department of Interior and Local Government.
(B) No, because local government units now enjoy full local fiscal autonomy.
(C) No, because only limitations established by Congress can define and limit the powers of local governments.
(D) Yes, because the President has the power and authority to impose reasonable restrictions on the power of cities to raise revenues.
(E) Yes, if so provided in a city’s charter.
(C) No, because only limitations established by Congress can define and limit the powers of local governments.
(Article X, Section 5 of the 1987 Constitution)
IX. The provision under the Constitution - that any member who took no part, dissented, or inhibited from a decision or resolution must state the reason for his dissent or non-participation - applies __________.
(A) only to the Supreme Court.
(B) to both the Supreme Court and the Court of Appeals.
(C) to the Supreme Court, Court of Appeals and the Sandiganbayan.
(D) to the Supreme Court, the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals.
(E) to all collegial judicial and quasi-judicial adjudicatory bodies.
(D) to the Supreme Court, the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals.
(Article VIII, Section 13 of the 1987 Constitution)
X. Choose the least accurate statement about the independence guaranteed by the 1987 Constitution to the following constitutional bodies:
(A) The Constitution guarantees the COMELEC decisional and institutional independence similar to that granted to the Judiciary.
(B) All bodies labeled as “independent” by the Constitution enjoy fiscal autonomy as an attribute of their independence.
(C) Not all bodies labeled as “independent” by the Constitution were intended to be independent from the Executive branch of government.
(D) The Constitution guarantees various degrees of independence from the other branches of government when it labels bodies as “independent”.
(E) The COMELEC, the COA, and the CSC enjoy the same degree of independence.
(A) The Constitution guarantees the COMELEC decisional and institutional independence similar to that granted to the Judiciary.
(Article IX-A of the 1987 Constitution)
Alternative Answer 1: (C) Not all bodies labeled as “independent” by the Constitution were intended to be independent from the Executive branch of government.
Alternative Answer 2: All of the choices
XI. At the Senate impeachment trial of Justice Pablo P. San Quintin, Hon. Emilio A. Tan, Congressman and Impeachment Panel Manager, wrote the Supreme Court requesting that the prosecutors be allowed to examine the court records of Stewards Association of the Philippines, Inc. (SAPI) v. Filipinas Air, et al., G.R. No. 987654, a case that is still pending. The High Court __________.
(A) may grant the request by reason of inter-departmental courtesy.
(B) may grant the request as the records of the Filipinas Air case are public records.
(C) should deny the request since records of cases that are pending for decision are privileged except only for pleadings, orders and resolutions that are available to the public.
(D) should deny the request because it violates the Court’s independence and the doctrine of separation of powers.
(E) should grant the request because of the sui generis nature of the power of impeachment, provided that the Bill of Rights is not violated.
(C) should deny the request since records of cases that are pending for decision are privileged except only for pleadings, orders and resolutions that are available to the public.
(In re Letters of Atty. Estelito P. Mendoza, A.M. No. 11-10-1-SC, March 13, 2012)
XII. Mr. Sinco sued the government for damages. After trial, the court ruled in his favor and awarded damages amounting to P50 million against the government. To satisfy the judgment against the government, which valid option is available to Mr. Sinco?
(A) Garnish the government funds deposited at the Land Bank.
(B) File a claim with the Commission on Audit (COA) pursuant to Commonwealth Act 327, as amended by Presidential Decree 1445.
(C) Make representations with the Congress to appropriate the amount to satisfy the judgment.
(D) File a petition for mandamus in court to compel Congress to appropriate P50 million to satisfy the judgment.
(E) Proceed to execute the judgment as provided by the Rules of Court because the State allowed itself to be sued.
(B) File a claim with the Commission on Audit (COA) pursuant to Commonwealth Act 327, as amended by Presidential Decree 1445.
(University of the Philippines v. Dizon, G.R. No. 171182, August 23, 2012)
Alternative Answer:
(C) Make representations with the Congress to appropriate the amount to satisfy the judgment.
(University of the Philippines v. Dizon, G.R. No. 171182, August 23, 2012)
XIII. Which of the following provisions of the Constitution does not confer rights that can be enforced in the courts but only provides guidelines for legislative or executive action?
(A) The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
(B) The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
(C) The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
(D) The right of the people to information on matters. of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
(E) All the above only provide guidelines and are not self-executing.
(A) The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
(B) The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.
(C) The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
(These are found in Article II, Sections 5, 12, and 17 of the 1987 Constitution. They are only guidelines for legislation (Kilosbayan, Inc. v. Morato, G.R. No. 118910, November 16, 1995))
(D) The right of the people to information on matters. of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
(The right to information is found in Article III, Section 7 of the 1987 Constitution. It is self-executory and is not a mere guideline for legislation (Legaspi v. Civil Service Commission, G.R. No. L-72119, May 29, 1987))
Alternative Answer 1:
(E) All the above only provide guidelines and are not self-executing.
(Kilosbayan, Inc. v. Morato, G.R. No. 118910, November 16, 1995); Article III, Section 8 includes the phrase “subject to such limitations as may be provided by law”.)
XIV. The President entered into an executive agreement with Vietnam for the supply to the Philippines of animal feeds not to exceed 40,000 tons in any one year. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries. Is the challenge correct?
(A) Yes, the executive agreement is contrary to an existing domestic law.
(B) No, the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land.
(C) No, international agreements are sui generis and stand independently of our domestic laws.
(D) Yes, the executive agreement is actually a treaty which does not take effect without ratification by the Senate.
(E) Yes, the challenge is correct because there is no law empowering the President to undertake the importation.
(A) Yes, the executive agreement is contrary to an existing domestic law.
(Gonzales v. Hechanova, G.R. No. L-21897, October 22, 1963)
XV. The separation of Church and State is most clearly violated when __________.
(A) the State funds a road project whose effect is to make a church more accessible to its adherents.
(B) the State declares the birthplace of a founder of a religious sect as a national historical site.
(C) the State expropriates church property in order to construct an expressway that, among others, provides easy access to the Church’s main cathedral.
(D) the State gives vehicles to bishops to assist them in church-related charitable projects.
(E) the State allows prayers in schools for minor children without securing the prior consent of their parents.
(E) the State allows prayers in schools for minor children without securing the prior consent of their parents.
(Engel v. Vitale, 370 U.S. 421, June 25, 1962)
Alternative Answer:
(D) the State gives vehicles to bishops to assist them in church-related charitable projects.
