POLITICAL AND PUBLIC INTERNATIONAL LAW

-I(a) The present Constitution introduced the concepts and processes of

Initiative and Referendum. Compare and differentiate one from the other.
(3%)
(b) To give the much needed help to the Province of Aurora which was
devastated by typhoons and torrential rains, the President declared it in a
state of calamity. Give at least four (4) legal effects of such declaration.
(4%)
(c) Enumerate the rights of the coastal state in the exclusive economic
zone. (3%)
- II (1.) Police Officer Henry Magiting of the Narcotics Section of the Western
Police District applied for a search warrant in the Regional Trial Court of
Manila for violation of Section 11, Article II (Possession of Prohibited
Drugs) of Republic Act (R.A.) No. 9165 (Comprehensive Dangerous Drugs
Act of 2002) for the search and seizure of heroin in the cabin of the
Captain of the MSS Seastar, a foreign-registered vessel which was moored
at the South Harbor, Manila, its port of destination. Based on the
affidavits of the applicants witnesses who were crew members of the
vessel, they saw a box containing ten (10) kilograms of heroin under the
bed in the Captains cabin. The RTC found probable cause for the issuance
of a search warrant; nevertheless, it denied the application on the ground
that Philippine courts have no criminal jurisdiction over violations of R.A.
No. 9165 committed on foreign-registered vessels found in Philippine
waters. Is the ruling of the court correct? Support your answer with
reasons.
(5%)
(2.) The Philippines and Australia entered into a Treaty of Extradition
concurred in by the Senate of the Philippines on September 10, 1990.
Both governments have notified each other that the requirements for the
entry into force of the Treaty have been complied with. It took effect in
1990. The Australian government is requesting the Philippine government
to extradite its citizen, Gibson, who has committed in his country the
indictable offense of Obtaining Property by Deception in 1985. The said
offense is among those enumerated as extraditable in the Treaty. For his
defense, Gibson asserts that the retroactive application of the extradition
treaty amounts to an ex post facto law. Rule on Gibsons contention.
(5%)
- III (1.) Italy, through its Ambassador, entered into a contract with Abad for
the maintenance and repair of specified equipment at its Embassy and
Ambassadors Residence, such as air conditioning units, generator sets,
electrical facilities, water heaters, and water motor pumps. It was
stipulated that the agreement shall be effective for a period of four years

and automatically renewed unless cancelled. Further, it provided that any

suit arising from the contract shall be filed with the proper courts in the
City of Manila. Claiming that the Maintenance Contract was unilaterally,
baselessly and arbitrarily terminated, Abad sued the State of Italy and its
Ambassador before a court in the City of Manila. Among the defenses
they raised were sovereign immunity and diplomatic immunity.
(a) As counsel of Abad, refute the defenses of sovereign immunity and
diplomatic immunity raised by the State of Italy and its Ambassador.
(b) At any rate, what should be the courts ruling on the said defenses?
(5%)
(2.) Adams and Baker are American citizens residing in the Philippines.
Adams befriended Baker and became a frequent visitor at his house. One
day, Adams arrived with 30 members of the Philippine National Police,
armed with a Search Warrant authorizing the search of Bakers house and
its premises for dangerous drugs being trafficked to the United States of
America. The search purportedly yielded positive results, and Baker was
charged with Violation of the Dangerous Drugs Act. Adams was the
prosecutions principal witness. However, for failure to prove his guilt
beyond reasonable doubt, Baker was acquitted. Baker then sued Adams
for damages for filing trumped-up charges against him. Among the
defenses raised by Adams is that he has diplomatic immunity,
conformably with the Vienna Convention on Diplomatic Relations. He
presented Diplomatic Notes from the American Embassy stating that he is
an agent of the United States Drug Enforcement Agency tasked with
conducting surveillance operations on suspected drug dealers in the
Philippines believed to be the source of prohibited drugs being shipped to
the U.S. It was also stated that after having ascertained the target,
Adams would then inform the Philippine narcotic agents to make the
actual arrest.
(a) As counsel of plaintiff Baker, argue why his complaint should not be
dismissed on the ground of defendant Adams diplomatic immunity from
suit.
(b) As counsel of defendant Adams, argue for the dismissal of the
complaint. (5%)
- IV (1.) Squatters and vendors have put up structures in an area intended for
a Peoples Park, which are impeding the flow of traffic in the adjoining
highway. Mayor Cruz gave notice for the structures to be removed, and
the area vacated within a month, or else, face demolition and ejectment.
The occupants filed a case with the Commission on Human Rights (CHR)
to stop the Mayors move. The CHR then issued an order to desist
against Mayor Cruz with warning that he would be held in contempt
should he fail to comply with the desistance order. When the allotted time
lapsed,

Mayor Cruz caused the demolition and removal of the structures.

Accordingly, the CHR cited him for contempt.
(a) What is your concept of Human Rights? Does this case involve
violations of human rights within the scope of the CHRs jurisdiction?
(b) Can the CHR issue an order to desist or restraining order?
(c) Is the CHR empowered to declare Mayor Cruz in contempt?
Does

it

have

contempt

powers

at

all?

(5%)

(2.) In March 2001, while Congress was adjourned, the President

appointed Santos as Chairman of the Commission on Elections. Santos
immediately took his oath and assumed office. While his appointment was
promptly submitted to the Commission on Appointments for confirmation,
it was not acted upon and Congress again adjourned. In June 2001, the
President extended a second ad interim appointment to Santos for the
same position with the same term, and this appointment was again
submitted to the Commission on Appointments for confirmation. Santos
took his oath anew and performed the functions of his office. Reyes, a
political rival, filed a suit assailing certain orders issued by Santos. He
also questioned the validity of Santos appointment. Resolve the following
issues:
cralaw

(a) Does Santos assumption of office on the basis of the ad interim

appointments issued by the President amount to a temporary
appointment which is prohibited by Section 1(2), Article IX-C of the
Constitution?
(b) Assuming the legality of the first ad interim appointment and
assumption of office by Santos, were his second ad interim appointment
and subsequent assumption of office to the same position violations of the
prohibition on reappointment under Section 1(2), Article IX-C of the
Constitution? (5%)
-V(1.) Bruno still had several years to serve on his sentence when he was
conditionally pardoned by the President. Among the conditions imposed
was that he would not again violate any of the penal laws of the
Philippines. Bruno accepted all of the conditions and was released.
Shortly thereafter, Bruno was charged with 20 counts of estafa. He was
then incarcerated to serve the unexpired portion of his sentence following
the revocation by the President of the pardon. Brunos family filed a
petition for habeas corpus, alleging that it was error to have him
recommitted as the charges were false, in fact, half of them were already
dismissed.
Resolve
the
petition
with
reasons.
(4%)
(2.) Ricardo was elected Dean of the College of Education in a State
University for a term of five (5) years unless sooner terminated. Many
were not pleased with his performance. To appease those critical of him,

the President created a new position, that of Special Assistant to the

President with the rank of Dean, without reduction in salary, and
appointed Ricardo to said position in the interest of the service.
Contemporaneously, the University President appointed Santos as Acting
Dean in place of Ricardo.
(a) Does the phrase unless sooner terminated mean that the position of
Ricardo
is
terminable
at
will?
(b) Was Ricardo removed from his position as Dean of the College of
Education or merely transferred to the position of Special Assistant to the
President? Explain. (5%)
(3.) Pedro Masipag filed with the Ombudsman a complaint against RTC
Judge Jose Palacpac with violation of Article 204 of the Revised Penal
Code for knowingly rendering an unjust judgment in Criminal Case No.
617. Judge Palacpac filed a motion with the Ombudsman to refer the
complaint to the Supreme Court to determine whether an administrative
aspect was involved in the said case. The Ombudsman denied the motion
on the ground that no administrative case against Judge Palacpac relative
to the decision in Criminal Case No. 617 was filed and pending in his
office. State with reasons whether the Ombudsmans ruling is correct.
(4%)
- VI (1.) The two accepted tests to determine whether or not there is a valid
delegation of legislative power are the Completeness Test and the
Sufficient Standard Test. Explain each. (4%) (2.) Section 32 of Republic
Act No. 4670 (The Magna Carta for Public School Teachers) reads: Sec.
32. Penal Provision.A person who shall willfully interfere with, restrain
or coerce any teacher in the exercise of his rights guaranteed by this Act
or who shall in any other manner commit any act to defeat any of the
provisions of this Act shall, upon conviction, be punished by a fine of not
less than one hundred pesos nor more than one thousand pesos, or by
imprisonment,
in
the
discretion
of
the
court.
Is the proviso granting the court the authority to impose a penalty of
imprisonment in its discretion constitutional? Explain briefly. (4%)
- VII (1.) State with reason(s) whether bail is a matter of right or a matter of
discretion in the following cases: (a) The imposable penalty for the crime
charged is reclusion perpetua and the accused is a minor; (b) The
imposable penalty for the crime charged is life imprisonment and the
accused is a minor; (c) The accused has been convicted of homicide on a
charge of murder and sentenced to suffer an indeterminate penalty of
from eight (8) years and one (1) day of prision mayor, as minimum, to
twelve (12) years and four (4) months of reclusion temporal, as
maximum.
(4%)

(2.) State with reason(s) which of the following is a government agency

or a government instrumentality:
cralaw

(a)
(b)

Department

of

Bangko

(c)

Philippine

(d)

Land

Public

Works

Sentral

and
ng

Ports
Transportation

Highway;
Pilipinas;
Authority;
Office;

(e) Land Bank of the Philippines. (5%)

- VIII (1.) Mariano was arrested by the NBI as a suspect in the shopping mall
bombings. Advised of his rights, Mariano asked for the assistance of his
relative, Atty. Santos. The NBI noticed that Atty. Santos was
inexperienced, incompetent and inattentive. Deeming him unsuited to
protect the rights of Mariano, the NBI dismissed Atty. Santos. Appointed
in his place was Atty. Barroso, a bar topnotcher who was in the premises
visiting a relative. Atty. Barroso ably assisted Mariano when the latter
gave a statement. However, Mariano assailed the investigation claiming
that
he
was
deprived
of
counsel
of
his
choice.
Was the NBI correct in dismissing Atty. Santos and appointing Atty.
Barroso
in
his
stead?
Is Marianos statement, made with the assistance of Atty. Barroso,
admissible
in
evidence?
(5%)
(2.) Emilio had long suspected that Alvin, his employee, had been passing
trade secrets to his competitor, Randy, but he had no proof. One day,
Emilio broke open the desk of Alvin and discovered a letter wherein Randy
thanked Alvin for having passed on to him vital trade secrets of Emilio.
Enclosed in the letter was a check for P50,000.00 drawn against the
account of Randy and payable to Alvin. Emilio then dismissed Alvin from
his employment. Emilios proof of Alvins perfidy are the said letter and
check which are objected to as inadmissible for having been obtained
through an illegal search. Alvin filed a suit assailing his dismissal.
Rule on the admissibility of the letter and check. (5%)
- IX (1.) In the May 8, 1995 elections for local officials whose terms were to
commence on June 30, 1995, Ricky filed on March 20, 1995 his certificate
of candidacy for the Office of Governor of Laguna. He won, but his
qualifications as an elected official was questioned. It is admitted that he
is a repatriated Filipino citizen and a resident of the Province of Laguna.
To be qualified for the office to which a local official has been elected,
when at the latest should he be:
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(a)

Filipino

Citizen?

Explain.

(b) A resident of the locality? Explain. (5%)

(2.) Manuel was elected Mayor of the Municipality of Tuba in the elections
of 1992, 1995 and 1998. He fully served his first two terms, and during
his third term, the municipality was converted into the component City of
Tuba. The said charter provided for a hold-over and so without
interregnum Manuel went on to serve as the Mayor of the City of Tuba. In
the 2001 elections, Manuel filed his certificate of candidacy for City Mayor.
He disclosed, though, that he had already served for three consecutive
terms as elected Mayor when Tuba was still a municipality. He also stated
in his certificate of candidacy that he is running for the position of Mayor
for the first time now that Tuba is a city. Reyes, an adversary, ran against
Manuel and petitioned that he be disqualified because he had already
served for three consecutive terms as Mayor. The petition was not timely
acted upon, and Manuel was proclaimed the winner with 20,000 votes
over the 10,000 votes received by Reyes as the only other candidate. It
was only after Manuel took his oath and assumed office that the
COMELEC ruled that he was disqualified for having ran and served for
three consecutive terms.
(a) As lawyer of Manuel, present the possible arguments to prevent his
disqualification
and
removal.
(b) How would you rule on whether or not Manuel is eligible to run as
Mayor of the newly-created City of Tuba immediately after having already
served for three (3) consecutive terms as Mayor of the Municipality of
Tuba?
(c) Assuming that Manuel is not an eligible candidate, rebut Reyes claim
that he should be proclaimed as winner having received the next higher
number of votes. (5%)
-X(1.) There was a boundary dispute between Dueas, a municipality, and
Passi, an independent component city, both of the same province. State
how the two local government units should settle their boundary dispute.
(5%)
(2.) The Sangguniang Bayan of the Municipality of Santa, Ilocos Sur
passed Resolution No. 1 authorizing its Mayor to initiate a petition for the
expropriation of a lot owned by Christina as site for its municipal sports
center. This was approved by the Mayor. However, the Sangguniang
Panlalawigan of Ilocos Sur disapproved the Resolution as there might still
be other available lots in Santa for a sports center. Nonetheless, the
Municipality of Santa, through its Mayor, filed a complaint for eminent
domain. Christina opposed this on the following grounds:
cralaw

(a)

the

Municipality

of

Santa

has

no

power

to

expropriate;

(b) Resolution No. 1 has been voided since the Sangguniang Panlalawigan
disapproved
it
for
being
arbitrary;
and
(c) the Municipality of Santa has other and better lots for that purpose.
Resolve the case with reasons. (5%)
NOTHING FOLLOWS.