DAY 1 (AM) Political Law and Public International Law Flashcards
1.
The Senate conducted investigations on how to strengthen the efforts of
the government against fugitives from justice after prominent
personalities covertly left the country to escape prosecution. The Senate
invited Winston as a resource person. Winston is a notorious drug dealer
who managed to avoid his warrants of arrest and hold departure orders.
At the hearing, the Senators asked Winston about the modus operandi and
the names of immigration officers who helped him escape. Yet, Winston
responded: “I will leave it to the Senate to find out the information about
these immigration officers.” Dissatisfied, the Senators immediately cited
Winston in contempt and ordered his detention until he answers the
question. Did the Senate lawfully cite Winston in contempt? Explain.
2.
Rocco, a lawyer, filed a petition for mandamus to compel the President of
the Philippines to defend the West Philippine Sea against Chinese
invasion. Rocco alleged that the President has a ministerial duty to protect
the national territory. Rocco likewise asked the President to bring the
territorial dispute before the United Nations Security Council after
diplomatic protests proved futile. Will the petition for mandamus
prosper? Explain.
3..
The Zuri Republic and Wanda Republic are members of the United
Nations Convention on the Law of the Sea (UNCLOS). In 2024,
the Permanent Court of Arbitration rejected Zuri Republic’s claim over
the entire South Wrigley Sea and declared it as part of Wanda Republic’s
exclusive economic zone. However, Zuri Republic refused to recognize
the arbitral award and continued its reclamation activities.
Thereafter, Xena Republic, a non-UNCLOS state, filed a protest
against Zuri Republic before the United Nations Security Council to
respect the arbitral award and to stop reclamation efforts that destroy the
fragile ecosystem. The Zuri Republic then challenged the legal standing
of Xena Republic and argued that only state parties to the UNCLOS can
enforce the arbitral award. Does Xena Republic have legal standing to
initiate the protest? Explain.
4.
In the 2022 elections, Pho Goh, 27 years old, won as provincial governor.
Pho Goh took his oath of office and discharged his duties. Maxwell, a
registered voter, filed a petition for quo warranto against Pho Goh on the
ground that he cannot hold the Office of the Provincial Governor.
Maxwell alleged that Pho Goh was born in Vietnam and submitted his
Vietnamese passport as conclusive evidence that he is not a Filipino
citizen. In contrast, Pho Goh opposed the petition and presented his
belatedly registered birth certificate stating that his mother is a natural
born citizen of the Philippines. Is Maxwell correct that Pho Goh cannot
hold the Office of the Provincial Governor? Explain.
Omar, an Iranian national, was admitted in the Philippines as a refugee.
After more than 10 years in the Philippines, Omar filed a petition for
naturalization as a Filipino citizen. The trial court found that Omar
possessed all the qualifications and none of the disqualifications to
become a Filipino citizen. However, the Office of the Solicitor General
opposed the petition because the laws of Iran do not grant reciprocal rights
to Filipinos to become naturalized citizens. Will the lack of the
reciprocity requirement bar Omar’s application for naturalization?
Explain.
6.
The Congress passed a law prohibiting the “transmission of commercial
electronic communications with the use of a computer system which seeks
to advertise, sell, or offer products and services without prior consent of
the recipient.” The digital marketplace Buy and Ship Online (BSO)
questioned the constitutionality of the law for being a class legislation
because it specifically targets online businesses. The BSO added that the
measure must be tested using the “strict scrutiny test” because it
interferes with the exercise of fundamental rights since commercial
advertisements are forms of free speech and expression. In contrast, the
Office of the Solicitor General invoked the “rational basis test” and
argued that the State has a legitimate interest to protect the public from
unsolicited advertisements. Considering the levels of judicial scrutiny,
what is the proper test to determine the constitutionality of the
subject law? Explain.
7.
Andrew, a long-time advocate of women’s rights, is a bona fide member
of the BINI-bini Party registered with the Commission on Elections under
the party-list system. BINI-bini Party seeks to represent the women sector
in the House of Representatives. In the 2022 elections, BINI-bini
Party secured one seat, and its first nominee, Andrew, took his oath of
office and started to serve his term as a Member of the House of
Representatives. However, an electoral protest was filed against Andrew
on the ground that he is not qualified to represent the women sector
because he is a male. Is Andrew qualified to represent BINI-bini
Party in the House of Representatives? Explain.
8.
The Regional Trial Court issued warrants of arrest against Mayor Leroy
for charges of tax evasion and graft and corruption. Mayor Leroy secretly
left the country and sought refuge in Essex Republic. The Philippines
requested from Essex Republic the surrender of Mayor Leroy pursuant to
their extradition treaty. The Essex Republic conducted judicial
investigation and established prima facie case against Mayor Leroy.
The Essex Republic, through its court, issued a warrant of surrender.
Mayor Leroy questioned the legality of the warrant of surrender and
argued that it violated the right of non-refoulement. Is the warrant of
surrender valid? Explain.
9.
Fidel, a government official, was charged with and convicted of three
separate crimes: (1) receiving a gift in connection with government
contracts where he intervened in his official capacity under Section 3(b)
of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act; (2)
acceptance of gift in connection with transactions affected by the
functions of his office under Section 7(d) of Republic Act No. 6713 or
the Code of Conduct and Ethical Standards for Public Officials and
Employees; and (3) direct bribery under Article 210 of the Revised Penal
Code. On appeal, Fidel invoked a violation of his right against double
jeopardy when the trial court convicted him of three separate crimes. Is
Fidel’s contention that his right against double jeopardy was violated
correct? Explain.
10.
Politico Film Productions (PFP) conceptualized a mockumentary
called “Covidubidapdap” which will detail the poor government
response during the pandemic. The Department of Health (DOH)
Secretary was scared that he would be portrayed as a lazy and incompetent
public officer. Thus, the DOH Secretary warned PFP that he would not
approve the use or exhibition of his name or image in the film.
Nevertheless, PFP began the production of the mockumentary and used
the name and image of the DOH Secretary. Aggrieved, the DOH Secretary
applied for injunction against PFP invoking his right to privacy. Is there
a violation of the DOH Secretary’s right to privacy? Explain.
11.
The members of the Barangay Council wanted to make the yuletide
celebrations of their constituents more festive. Accordingly, the Barangay
Council adopted a resolution authorizing the solicitation of funds from
private individuals to build a seven-meter tall statue of “Rudolph the Red-Nosed Reindeer” in the plaza in front of the basilica. The residents from
other barangays questioned the resolution for alleged violation of Section
5, Article III of the 1987 Constitution which states that “[n]o law shall be
made respecting an establishment of religion, or prohibiting the free
exercise thereof.” Is the barangay resolution invalid for violation of
the non-establishment of religion clause? Explain.
12.
Gabby won as Senator in the May 2022 elections for a term of six years.
Upon proclamation, Gabby took his oath of office before the Senate
President in open session and assumed office at the start of his term. In
August 2022, Senator Gabby resigned for personal reasons. In January
2023, Congress enacted a law merging two existing government agencies
with a Presidential appointee as head of office. In August 2024, the
President appointed former Senator Gabby as head of the merged
government agencies. Is former Senator Gabby’s appointment as head
of the merged government agencies valid? Explain.
13.
In June 2024, Carina, a private citizen, filed a verified impeachment
complaint against the Vice President of the Philippines for culpable
violation of the Constitution and betrayal of public trust. The
impeachment complaint was referred to the House of Representatives
Committee on Justice. In July 2024, the House of Representatives
approved the report of the Committee on Justice dismissing the
impeachment complaint due to the absence of resolution or endorsement
of any Member of the House of Representatives. In August 2024, a partylist representative filed a second verified impeachment complaint against
the Vice President based on the same facts and grounds as the first
complaint. In September 2024, the second impeachment complaint was
referred to the Committee on Justice. The Vice President moved to
dismiss the second complaint arguing that no impeachment proceeding
can be initiated against the same official more than once within a period
of one year. May the second impeachment complaint be dismissed for violation of the one-year bar rule? Explain.
14.
Under the 2020 Rules of the Senate Electoral Tribunal, any election
protest against a Member of the Senate shall be filed “within thirty (30)
days after assumption office of the protestee.” Subsequently, the Senate
promulgated its Internal Rules of Proceedings which shortened the period
of filing election protests “within fifteen (15) days” from assumption of
office of the protestee. Is the Senate Internal Rules of Proceedings
relative to election protest constitutional? Explain.
15.
The Local Government Code allocated shares in revenue collections to
local government units (LGUs) in the following manner: 23% for the
provinces, 23% for the Cities, 34% for the Municipalities, and 20% for
the Barangays. In 2023, the proposed General Appropriations Act (GAA)
provided a different distribution scheme of revenue collections to LGUs,
to wit: 25% for the provinces, 25% for the Cities, 35% for the
Municipalities, and 15% for the Barangays. Congressman Macky assailed
the constitutionality of this item in the proposed GAA. The House of
Representatives Budget Committee countered that it is within the power
of Congress to enact laws to increase or decrease the just share of the
LGUs in the revenues. Is the new distribution scheme in the proposed
GAA lawful? Explain.
16.
MVL, a government-owned corporation, has three Cabinet Secretaries
as ex-officio members of its Board of Directors. In 2024, the MVL Board
of Directors resolved to grant additional benefits to qualified corporate
officers and employees. The Commission on Audit (COA) disallowed the
grant of benefits because there was no prior approval of the President.
However, the MVL Board of Directors invoked the alter ego principle
and argued that the President deemed approved the benefits when the
three Cabinet Secretaries, as ex-officio board members, voted in favor of
the resolution. Is the COA correct in disallowing the grant of benefits?
Explain.
17.
Kenneth had a romantic relationship with Mabel, a 14-year-old minor.
Kenneth and Mabel constantly exchanged pictures through online
messaging applications. One day, Kenneth rented a laptop in a computer
shop and had an online chat and videocall with Mabel. Kenneth left the
shop but forgot to logout his social media account. The next customer read
the sensual conversations between Kenneth and Mabel as well as their
nude videos and photos. The customer reported the matter to the police.
Accordingly, Kenneth was charged with violation of Republic Act No.
11930 or the Anti-Online Sexual Abuse or Exploitation of Children and
Anti-Child Sexual Abuse or Exploitation Materials. At the trial, Kenneth
objected to the admissibility of the pictures and videos as evidence for
having been obtained against his right to privacy. Are the pictures and
videos admissible in evidence to prosecute Kenneth of the criminal
offense? Explain.
18.
The sovereign Republic of Handskaland, represented by Ambassador
Hansen, entered into a five-year contract with Hardee Services
Corporation (HSC) for the maintenance and repair of the electrical
facilities of its embassy in the Philippines. Ambassador Hansen preterminated the agreement after discovering HSC’s faulty electrical works.
Aggrieved, HSC filed against the Republic of Handskaland and
Ambassador Hansen a complaint for damages. HSC argued that
the Republic of Handskaland and Ambassador Hansen waived their
immunity from suit when they entered into a contract. Did the Republic
of Handskaland and Ambassador Hansen waive their immunity from
suit? Explain.
19.
The Regional Trial Court (RTC) convicted Luciano of illegal sale of
dangerous drugs. Luciano sought reconsideration. The RTC reversed its
judgment of conviction and acquitted Luciano of the crime, thus:
ORDER
For resolution is the accused’s motion for reconsideration assailing his conviction for the offense of illegal sale of dangerous drugs. The prosecution did not file any comment. Hence, the motion is now submitted for resolution.
After a perusal of the motion for reconsideration, the Court finds
merit that the prosecution miserably failed to overcome the accused’s
presumption of innocence.
For this reason, the motion for reconsideration is GRANTED.
The accused is ACQUITTED in the criminal case for illegal sale of
dangerous drugs.
SO ORDERED.
The Office of the Solicitor General (OSG) questioned the order of
acquittal before the Court of Appeals. The OSG explained that the RTC
failed to comply with the constitutional requirements in rendering a valid
judgment amounting to grave abuse of discretion. On the other hand,
Luciano invoked his right against double jeopardy and argued that the
order of acquittal is already final and not subject to review. Is the RTC
guilty of grave abuse of discretion when it rendered the order of
acquittal? Explain.
20.
The Congress enacted the “Battered Partner Law” which amended
Republic Act No. 9262 or the Anti-Violence Against Women and Their
Children Act. The amendatory law changed the
term “women” to “partners” to make it gender neutral and to recognize
husbands and boyfriends as victims of domestic violence. The
amendatory law likewise included LGBTQ+ members who are victims of
domestic abuse within the coverage of the law. However, several groups
and activists challenged the constitutionality of the amendatory law on the
ground that it blurs the substantial distinctions between men and
women. As a “practice-ready” and “potentially capable” lawyer, will
you support the validity of the amendatory law under the equal
protection clause? Explain.
