DAY 1 (AM) The Law Pertaining to the State and Its Relationship with Its Citizens

Question 1

1. Can a charismatic and effective 30-year-old former mayor of a chartered city in Metro Manila legally run for President of the Republic of the Philippines in the 2022 elections? Explain briefly.

Question 2

2. A law is passed penalizing any criticism of any sitting Member of the Supreme Court on any media platform. The penalty is higher when the criticism is made through social media.

Is this law constitutional? Explain briefly.

Question 3

3. A law is passed which provides that when the Department of Public Works and Highways expropriates property for government infrastructure projects, it will have the sole and exclusive authority to determine the price to be paid as compensation to the landowner, which amount shall be no more than the assessed value of the property used for real property taxation.

Is this provision of law valid? Explain briefly.

Question 4

4. A provincial ordinance was passed setting a province-wide curfew for all minors. This was challenged through a suit filed before the Regional Trial Court having territorial jurisdiction over the province.

The provincial legal officer sought the case’s dismissal on the lone ground that the Supreme Court has sole and exclusive jurisdiction to determine the constitutionality of a treaty, law, or ordinance.

Should the provincial legal officer’s prayer for dismissal be granted? Explain briefly.

Question 5

5. Both the House of Representatives and the Senate passed a bill which:

(a) increases the number of Supreme Court Justices from 15 to 20;

(b) assigns the five most senior Justices, including the Chief Justice, exclusively to a Special Division that will tackle only constitutional cases; and

(c) removes from the Supreme Court En Banc the power to hear and decide cases involving alleged violations of the Constitution.

The Chief Presidential Legal Counsel advises the President to veto the bill, arguing that the law is unconstitutional because its contents should be the subject of constitutional amendment rather than of legislation.

Is the Chief Presidential Legal Counsel’s argument constitutionally sound? Explain briefly.