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Unit Bar Questions
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Submitted by :
Sudayon, Rhina Angela E.
Submitted to:
Pros. Jorge Manaois

1994 POLITICAL BAR EXAMINATION QUESTIONS

Exclusive Economic Zone; Rights of the Coastal State (1994)
No. 11
In the desire to improve the fishing methods of the fishermen, the Bureau of Fisheries,
with the approval of the President, entered into a memorandum of agreement to allow
Thai fishermen to fish within 200 miles from the Philippine sea coasts on the condition
that Filipino fishermen be allowed to use Thai fishing equipment and vessels, and to
learn modern technology in fishing and canning.
1) Is the agreement valid?
SUGGESTED ANSWER:
1) No. the President cannot authorize the Bureau of Fisheries to enter into a
memorandum of agreement allowing Thai fishermen to fish within the exclusive
economic zone of the Philippines, because the Constitution reserves to Filipino citizens
the use and enjoyment of the exclusive economic zone of the Philippines.
Section 2. Article XII of the Constitution provides: The State shall protect the
nation's marine part in its archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment to Filipino citizens."
Section 7, Article XIII of the Constitution provides: "The State shall protect the
rights of subsistence fishermen, especially of local communities, to the preferential use
of the communal marine and fishing resources, both inland and offshore. It shall provide
support to such fishermen through appropriate technology and research, adequate
financial, production, and marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall
receive a just share from their labor in the utilization of marine and fishing resources.

State Immunity from Suit (1994)

No. 6
Johnny was employed as a driver by the Municipality of Calumpit, Bulacan. While driving
recklessly a municipal dump truck with its load of sand for the repair of municipal
streets, Johnny hit a jeepney. Two passengers of the jeepney were killed. The
Sangguniang Bayan passed an ordinance appropriating P300,000 as compensation for
the heirs of the victims.
1) Is the municipality liable for the negligence of Johnny?
2

2) Is the municipal ordinance valid?

SUGGESTED ANSWER:
1) Yes, the Municipality of Calumpit is liable for the negligence of its driver Johnny.
Under Section 24 of the Local Government Code, local government units are not exempt
from liability for death or injury to persons or damage to property.
ALTERNATIVE ANSWER:
No, the municipality is not liable for the negligence of Johnny, the prevailing rule in
the law of municipal corporations is that a municipality is not liable for the torts
committed by its regular employees in the discharge of governmental functions. The
municipality is answerable only when it is acting in a proprietary capacity.
In the case at bar, Johnny was a regular employee of the Municipality of Calumpit
as driver of its dump truck; he committed a tortuous act while discharging a
governmental function for the municipality, ie., driving recklessly the said truck loaded
with sand for the repair of municipal streets. Undoubtedly then, Johnny as driver of the
dump truck was performing a duty or task pertaining to his office. The construction or
maintenance of public streets are admittedly governmental activities. At the time of the
accident, Johnny was engaged in the discharge of governmental functions.
Hence, the death of the two passengers of the jeepney -tragic and deplorable
though it may be - imposed on the municipality no duty to pay monetary compensation,
as held in Municipality of San. Fernando v. Firme, 195 SCRA 692.

No. 1; What is the state policy on:

a) working women?
b) ecology?
c) the symbols of statehood?
d) cultural minorities?
e) science and technology?
SUGGESTED ANSWER:
a) Section 14, Article XIII of the Constitution provides: "The State shall protect
WORKING WOMEN by providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and opportunities that will enhance
their welfare and enable them to realize their full potential in the service of the nation."

b) Section 16, Article II of the Constitution provides: The State shall protect and
advance the right of the people and their posterity to a
balanced and healthful ECOLOGY in accord with the rhythm and harmony of nature."
c) Section 1, Article XVII of the Constitution provides: "The FLAG OF THE
PHILIPPINES shall be red, white, and blue, with a sun and three stars, as consecrated
and honored by thepeople and recognized by law." Section 2, Article XVI of the
Constitution states: The Congress may by law, adopt a new name for the country, a
national anthem, or a national seal, which shall all be truly reflective and symbolic of the
ideals, history, and traditions of the people. Such law shall take effect only upon its
ratification by the people in a national referendum."
d) Section 22, Article II of the Constitution provides: The State recognizes and
promotes the rights of INDIGENOUS CULTURAL COMMUNITIES within the framework
of national unity and development." Section 5, Article XII of the Constitution reads: The
State, subject to the provisions of this Constitution and national development policies
and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social and cultural well-being.
The Congress may provide for the applicability of customary laws governing
property rights or relations in determining the ownership and extent of the ancestral
domains." Section 6, Art. XIII of the Constitution provides:The State shall apply the
principles of AGRARIAN REFORM or stewardship, whenever applicable in accordance
with law, in the disposition or utilization of other natural resources, including lands of the
public domain under lease or concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of indigenous communities to their
ancestral lands.
The State may resettle landless farmers and farm workers in its own agricultural
estates which shall be distributed to them in the manner provided by law." Section 17.
Article XIV of the Constitution states: "The State shall recognize, respect and protect the
rights of indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of national
plans and policies."
e) Section 17, Article II of the Constitution provides: "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."
Section 14, Article XII of the Constitution reads in part: "The sustained development of a
reservoir of NATIONAL TALENTS consisting of Filipino scientists, entrepreneurs,
professionals, managers, high-level technical manpower and skilled workers and
craftsmen shall be promoted by the State, The State shall encourage appropriate
4

technology and regulate Its transfer for the national benefit. Sub-section 2, Section 3.
Article XIV of the Constitution states: "They (EDUCATIONAL INSTITUTIONS) shall
inculcate patriotism and nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development of the country,
teach the rights and duties of citizenship, strengthen ethical and spiritual values,
develop moral character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote vocational
efficiency."
Section 10. Article XIV of the Constitution declares: "SCIENCE and TECHNOLOGY
are essential for national development and progress. The State shall give priority to
research and development, invention, innovation, and their utilization; and to science
and technology education, training, services. It shall support indigenous, appropriate,
and selfreliant scientific and cultural capabilities, and their application to the country's
productive systems and national life."
Section 11, Article XIV of the Constitution provides: "The Congress may provide for
incentives, including TAX DEDUCTIONS, to encourage private participation in programs
of basic and applied scientific research. Scholarships, grants-in-aid or other forms of
Incentives shall be provided to deserving science students, researchers, scientists,
investors, technologists, and specially gifted citizens."
Section 12, Article XIV of the Constitution reads: The State shall regulate the
transfer and promote the adaptation of technology from all sources for the national
benefit. It shall encourage widest participation of private groups, local governments, and
communitybased organizations in the generation and utilization of science and
technology."
Eminent Domain; Garnishment (1994)
No. 14
The Municipality of Antipolo, Rizal, expropriated the property of Juan Reyes for use as a
public market. The Municipal Council appropriated Pl,000,000.00 for the purchase of the
lot but the Regional Trial Court, on the basis of the evidence, fixed the value at
P2,000,000.00.
1) What legal action can Juan Reyes take tocollect the balance?
2) Can Juan Reyes ask the Regional Trial Court to garnish the Municipality's account with
the Land Bank?
SUGGESTED ANSWER:
1) To collect the balance of Judgment, as stated in Tan Toco vs. Municipal Counsel
of Iloilo, 49 Phil. 52, Juan Reyes may levy on patrimonial properties of the Municipality of
Antipolo. If it has no patrimonial properties, in accordance with the Municipality of Makati
5

vs. Court of Appeals, 190 SCRA 206, the remedy of Juan Reyes is to file a petition for
mandamus to compel the Municipality of Antipolo to appropriate the necessary funds to
satisfy the judgment.
2) Pursuant to the ruling in Pasay City Government vs. Court of First Instance of
Manila, 132 SCRA 156, since the Municipality of Antipolo has appropriated P1,000,000 to
pay for the lot, its bank account may be garnished but up to this amount only.
Dual Citizenship (1994)
No. 8:
In 1989, Zeny Reyes married Ben Tulog, a national of the State of Kongo. Under the laws
of Kongo, an alien woman marrying a Kongo national automatically acquires Kongo
citizenship. After her marriage, Zeny resided in Kongo and acquired a Kongo passport. In
1991, Zeny returned to the Philippines to run for Governor of Sorsogon.
(1) Was Zeny qualified to run for Governor?
(2) Suppose instead of entering politics. Zeny just got herself elected as vice-president of
the Philippine Bulletin, a local newspaper. Was she qualified to hold that position?
SUGGESTED ANSWER:
1) Under Section 4, Article IV of the Constitution. Zeny retained her Filipino
citizenship. Since she also became a citizen of Kongo, she possesses dual citizenship.
Pursuant to Section 40 (d) of the Local Government Code, she is disqualified to run for
governor. In addition, if Zeny returned to the Philippines, less than a year immediately
before the day of the election, Zeny is not qualified to run for Governor of Sorsogon.
Under Section 39(a) of the Local Government Code, a candidate for governor must be a
resident in the province where he intends to run at least one (1) year immediately
preceding the day of the election. By residing in Kongo upon her marriage in 1989, Zeny
abandoned her residence in the Philippines. This is in accordance with the decision in
Caasi vs. Court of Appeals, 191 SCRA 229.
ALTERNATIVE ANSWER:
No. Zeny was not qualified to run for Governor. Under the Constitution, "citizens of
the Philippines who marry aliens shall retain their citizenship, unless by their act or
omission they are deemed, under the law to have renounced it." (Sec. 4, Art. IV,
Constitution). Her residing in Kongo and acquiring a Kongo passport are indicative of her
renunciation of Philippine citizenship, which is a ground for loss of her citizenship which
she was supposed to have retained. When she ran for Governor of Sorsogon, Zeny was
no longer a Philippine citizen and, hence, was disqualified for said position.
2) Although under Section 11(1), Article XVI of the Constitution, mass media must
be wholly owned by Filipino citizens and under Section 2 of the Anti-Dummy Law aliens
6

may not intervene in the management of any nationalized business activity. Zeny may
be elected vice president of the Philippine Bulletin, because she has remained a Filipino
citizen.
Under Section 4, Article IV of the Constitution, Filipino citizens who marry aliens
retains their citizenship unless by their act or omission they are deemed, under the law,
to have renounced it. The acts or omission which will result in loss of citizenship are
enumerated in Commonwealth Act No, 63. Zeny is not guilty of any of them. As held in
Kawakita vs. United States, 343 U.S. 717, a person who possesses dual citizenship like
Zeny may exercise rights of citizenship in both countries and the use of a passport
pertaining to one country does not result in loss of citizenship in the other country.
ALTERNATIVE ANSWER:
Neither, was Zeny qualified to hold the position of vice-president of Philippine
Bulletin. Under the Constitution, "the ownership and management of mass media shall
be limited to citizens, of the Philippines, or to corporation, cooperatives or associations
wholly owned and managed by such citizens" (Section XI [1], Art. XVI), Being a nonPhilippine citizen, Zeny cannot qualify to participate in the management of the Bulletin
as Vice-President thereof.
Appointing Power; Kinds of Appointments
(1994)
When is an appointment in the civil service permanent?
SUGGESTED ANSWER:
1) Under Section 25(a) of the Civil Service Decree, an appointment in the civil
service is PERMANENT when issued to a person who meets all the requirements for the
position to which he is being appointed, including the appropriate eligibility prescribed, in
accordance with the provisions of law, rules and standards promulgated in pursuance
thereof.
Appreciation of Ballots (1994)
No. 3
If a candidate for town mayor is an engineer by profession, should votes for him with the
prefix "Engineer" be invalidated as "marked ballots"?
SUGGESTED ANSWER:
3) No, a ballot in which the name of a candidate for town mayor who is an engineer
which is prefixed with "engineer" should not be invalidated as a marked ballot. Under
Rule No. 12 of the rules for the appreciation of ballots, ballots which contain such
prefixes are valid.
7

Ordinance; Validity; Compensation; Tortuous Act of an Employee (1994)

No. 6
Johnny was employed as a driver by the Municipality of Calumpit, Bulacan. While driving
recklessly a municipal dump truck with its load of sand for the repair of municipal
streets, Johnny hit a jeepney. Two passengers of the jeepney were killed. The
Sangguniang Bayan passed an ordinance appropriating P300,000 as compensation for
the heirs of the victims.
1) Is the municipality liable for the negligence of Johnny?
2) Is the municipal ordinance valid?
SUGGESTED ANSWER:
2) The ordinance appropriating P300,000.00 for the heirs of the victims of Johnny is
void. This amounts to appropriating public funds for a private purpose. Under Section
335 of the Local Government Code, no public money shall be appropriated for private
purposes.
ALTERNATIVE ANSWER;
Upon the foregoing considerations, the municipal ordinance is null and void for
being ultra vires. The municipality not being liable to pay compensation to the heirs of
the victims, the ordinance is utterly devoid of legal basis. It would in fact constitute an
illegal use or expenditure of public funds which is a criminal offense. What is more, the
ordinance does not meet one of the requisites for validity of municipal ordinances, ie.,
that it must be in consonance with certain well-established and basic principles of a
substantive nature, to wit: it does not contravene the Constitution or the law, it is not
unfair or oppressive. It is not partial or discriminatory. It is consistent with public policy,
and it is not unreasonable.
Law of Public Officers; Next-in-Rank Rule (1994)
No. 15
Pedro Cruz, the City Engineer of Baguio, retired. To fill the vacant position, the City
Mayor appointed Jose Reyes, a civil engineer who formerly worked under Cruz but had
been assigned to the Office of the Mayor for the past five years. Vicente Estrada, the
Assistant City Engineer filed a protest with the Civil Service Commission claiming that
being the officer next in rank he should have been appointed as City Engineer.
1) Who has a better right to be appointed to the contested position?
SUGGESTED ANSWER:

1) On the assumption that Jose Reyes possesses the minimum qualification

requirements prescribed by law for the position, the appointment extended to him is
valid. Consequently, he has a better right than Vicente Estrada. The claim of Estrada that
being the officer next in rank he should have been appointed as City Engineer is not
meritorious. It is a settled rule that the appointing authority is not limited to promotion in
filling up vacancies but may choose to fill them by the appointment of persons with civil
service eligibility appropriate to the position. Even if a vacancy were to be filled by
promotion, the concept of "next in rank" does not import any mandatory requirement
that the person next in rank must be appointed to the vacancy. What the civil service law
provides is that if a vacancy is filled by promotion, the person holding the position next in
rank thereto "shall be considered for promotion." Espanol v. Civil Service Commission
206 SCRA 715.
ALTERNATIVE ANSWER;
Neither Jose Reyes nor Vicente Estrada has a better right to be appointed City
Engineer. As held in Barrozo vs. Civil Service Commission, 198 SCRA 487, the appointing
authority is not required to appoint the one next-in-rank to fill a vacancy. He is allowed to
fill it also by the transfer of an employee who possesses civil service eligibility.

1995 BAR EXAMINATION QUESTIONS

Question No. 4:
1 What are the conditions under which a local executive may enter into a contract
in behalf of his government unit?
2 PAGCOR decided to operate a casino in Tacloban City under authority of P.D. No.
1869. It leased a portion of a building belonging to Ellen Mc.Guire, renovated
and equipped it in preparation for its inauguration. The Sangguniang
Panglungsod of Taclobal City enacted an ordinance prohibiting the operation of
casinos in the city and providing penalty for its violation. Ellen McGuire and
PAGCOR assailed the validity of the ordinance in court.
3
How would you resolve the issue? Discuss fully.
SUGGESTED ANSWER:
1 The following are the conditions under which a local executive may enter into a
contract in behalf of the government until:
a The local government unit must have the power to enter into the
particular contract;
b Pursuant to Section 22(c) of the local government Code, there must be a
prior authorization by the sanggunian concerned, and a legible copy of
the contract shall be posted at a conspicuous place in the provincial
capitol or the city, municipal or barangay hall.
9

c In accordance with Sections 46 and 47, Chapter 8, Subtittle B. Book V of

the 1987 Administrative Code, if the contract involves the expenditure of
public funds, there must be an appropriation therefore and a certificate of
availability of funds by the treasurer of the local government unit.
d The contract must conform with the formal requisites of written contracts
prescribed by the law.
e Pursuant to Section 2068 of the Revised Administrative Code, if a province
is a party to a contract conveying title to real property, the contract must
be approved by the President. Under Section 2196 of the revised
Administrative Code, if a municipality is a party to a contract conveying
real property or any interest in it or creating a lien upon it, the contract
must be approved by the provincial governor.
2 The ordinances should be declared invalid. As held in Magtajas vs. Pryce
Properties Corporation, Inc. 234 SCRA 255, such an ordinance contravenes
Presidential Decree No. 1869, which authorizes the Philippine Amusement and
Gaming Corporation to operate casinos within the territorial jurisdiction of the
Philippines, because it prevent the said corporation from exercising the power
conferred on it to operate a casino in Tacloban City. The power of Tacloban City
to suppress gambling and prohibited games of chance excludes of chance
permitted by law. Implied repeals are not favored. (Basco v. PAGCOR).
Question No. 6:
Due to violence and terrorism attending the casting of votes in a municipality of
Lanao del Sur during the last 8 May 1995 elections, it became possible to hold
therein free, orderly and honest elections; it became impossible to hold therein
free orderly and honest elections. Several candidates for municipal positions
withdrew from the race. One candidate for Mayor petitioned the COMELEC for the
postponement of the elections and the holding of special elections shall have the
causes of such postponement or failure of elections shall have ceased.
1 How many votes of the COMELEC Commissioners may be cast to grant the
petition? Explain.
2 A person who was not a candidate at the time of the postponement of the
elections decided to run for an elective position and filed a certificate of
candidacy prior to the special elections. May his certificate of candidacy be
accepted? Explain.
3 Suppose he run as a substitute for a candidate who previously withdrew his
candidacy, be accepted? Explain.
SUGGESTED ANSWER:
1 According to Section 7, Article IX-A of the 1987 Constitution, the Commission on
Elections shall decide by a majority vote of all its members any case or matter
brought before it. In Cua vs. Commission on Elections, 156 SCRA 582, the
Supreme Court Stated that a two-to-one decision rendered by a division of the
10

Commission on elections and a Three-to-two decision rendered by the

Commission on Elections en banc was valid where only five members took part
in deciding the case.
2 No, his certificate of candidacy cannot be accepted. Under Section 75 of the
Omnibus Election Code, as a rule in cases of postponement or failure of election
no additional certificate of candidacy shall be accepted.
3 No, the answer will be different. Under Section 75 of the Omnibus Election Code,
an additional certificate of candidacy may be accepted in cases of
postponement or failure of election if there was a substitution of candidates; but
the substitute must belong to and must be endorsed by the same party.
Question No. 7:
The Vice Mayor of a municipality filed the certificate of candidacy for the same
office in the last elections. The Municipal Mayor was also running for re-election.
Both were official candidates of the same political party, the Mayor died. Under
these facts1 Can the Vice Mayor succeed to the office of the Mayor pursuant to the
provisions of the Local Government Code? Explain.
2 Assuming that the Vice Mayor succeeds to the position of Mayor after the
incumbent died, which position is now different from the one for which he has
filled his certificate of candidacy, can he still continue to run as Vice Mayor?
Explain.
3 Is there any legal impediment to the Vice Mayor to replace the reelectionist
Mayor who died? Explain.
SUGGESTED ANSWER:
1 Yes, the Vice Mayor can succeed to the office of the Mayor. Under the Section 44
of the Local Government Code, he stands next in line to the office of the mayor
in case of a permanent vacancy in it. His filling of a certificate of Candidacy for
Mayor did not automatically result to his being considered resigned (Sec. 67,
Omnibus Election Code).
2 Yes, the vice mayor continue to run as vise mayor. At the time that he filed his
certificate of candidacy, the vice mayor ran for the same office he was holding.
In determining whether a candidate is running for a position other than the one
he is holding in a permanent capacity and should be considered resigned, it is
the office he was holding at the time he filed his certificate of candidacy should
be considered.
3 There is no legal impediment to the vice mayor running as mayor to replace the
vice mayor who died under Section 77 of the Omnibus Election Code, if a
candidate dies after the last day for filling certificates of candidacy, he may be
replaced by the person belonging to his political party. However, it is required
that he should first withdraw his Certificate for Vice-mayor and file a new
Certificate of Candidacy for Mayor.

11

Question No. 9:
The Municipality of Binangonan, Rizal, passed a resolution authorizing the
operation of an open garbage dumpsite in a 9 hectare land in the Reyes Estate
within the Municipalitys territorial limits. Some concerned residents of Binangonan
filled a complaint with the Laguna Lake Development Authority (LLDA) to stop the
operation of the dumpsite due to its harmful effects on the health of the residents.
The LLDA conducted on-site investigation, monitoring, testing and water sampling
and found that the dumpsite would contaminate Laguna de Bay and the
surrounding areas of the Municipality. The LLDA also discovered that no
environmental clearance was secured by the Municipality from the Department of
Environment and Natural resources (DENR) and the LLDA as required by Law. The
LLDA therefore issued to the Binangonan municipal government a cease the desist
order to stop the operation of the dumpsite. The Municiaplity of Binangonan filed a
case to annul the order issued by the LLDA.
1 Can the Municiapality of Binangonan invoke police power to prevent its
residents and the LLDA from interfering with the operation of the dumpsite by
the Municipality? Explain.
2 Can the LLDA justify its order by asserting that the health of the residents will
be adversely affected? Explain.
SUGGESTED ANSWER:
1 No, the Municipality of Binangonan cannot invoke its police power. According to
Laguna Lake Development Authority vs Court of Appeals, 231 SCRA 292, Under
Republic Act No. 4850, the Laguna Lake Development Authority is mandated to
promote the development of the Laguna Lake area, including the surrounding
Province of Rizal, with due regard to the prevention of pollution. The Laguna Lake
Development Authority is mandated to pass upon and approve or disapprove all
project proposed by local government offices within the region.
2 Yes, the Laguna Lake Development Authority can justify its order. Since it has been
authorized by the Executive Order No. 927 to make orders requiring the
discontinuance of pollution, its power to issue the order can be inferred from this.
Otherwise, it will be a toothless agency. Moreover, the Laguna Lake Development
Authority is specifically authorized under its Charter to issue cease and desist
orders.
Question No. 10:
A City Mayor in Metro Manila designated as Member of the Local Amnesty Board
(LAB) as allowed under the Rules and regulations Implementing Amnesty
Proclamation Nos. 347 and 348, as amended by proclamation No. 377. the LAB is
entrusted with the functions of receiving and processing applications for amnesty
and recommending to the National Amnesty Commission approval or denial to the
applications. The term of the Commission and, necessarily, the Local Amnesty
12

Boards under it expires upon the completion of its assigned tasks as may be
determined by the President.
May the city mayor accept his designation without forfeiting his elective position in
the light of the provision of Sec. 7, ist par., Art IX-B of the 1987 constitution which
pertinently states that (N)o elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure?
Discuss fully.
SUGGESTED ANSWER:
No, the City Mayor may not accept his designation without forfeiting his elective
positions. As stated in Flores vs. Drilon, 223 SCRA 568, it is the intention of Section
7, Article X-B of the 1987 Constitution that local elective officials should devote
their full time to their constituents. While second paragraph of Section 7, Article
IX- B of the 1987 Constitution allows appointive officials to hold other offices when
allowed by law or by the primary functions of their positions, no such exception is
made in the first paragraph, which deals with elective officials. It is the intention of
the 1987 Constitution to be more stringent with elective local officials.
Alternative Answer:
Yes, he may accept designation without forfeiting his mayorship. The constitutional
provision being cited contemplates a public office or position. It is believed that
the Local Amnesty Board is not such an office since it is merely an ad hoc body.
Besides, it is believed that its functions are not sovereign in character which is
one of the elements of a public office.

Question No. 11
In June 1978 spouses Joel and Michelle purchased a parcel of land, lot No. 143,
Cadastral Survey No. 38-D, with an area of 600 square meters for their residence in
Cainta, Rizal, from Cecille who by herself and her predecessor-in-interest had been
in open, public, peaceful, continuous and exclusive possession of the property under
a bona fide claim of ownership long before12 June 1945. At the time of purchase, the
spouses Joel and Michelle were then natural born Filipino citizens.
In February 1987 the spouses filed an application for registration of their title before
the proper court. This time however Joel and Michelle were no longer Filipino
citizens. The government opposed their application for registration alleging that they
have not acquired proprietary rights over the subject
lot because of their
subsequent acquisition of Canadian citizenship, and that unregistered lands are
presumed to be public lands under the principle that lands of whatever classification
13

belong to the State under the Regalian Doctrine, hence , they still pertain to the
State.
How will you resolve the issues raised by the applicants and the oppositor?
Discuss fully.
SUGGESTED ANSWER:
The argument of the government that unregistered lands are presumed to be
public lands is utterly unmeritorious. As held in Republic vs. Court of Appeals,235
SCRA 562, in accordance with Section 48 of the Public Land Act, since the
predecessors-in-interest of Joel and Michelle had been in open, public, peaceful,
continuous and exclusive possession n of the land under a bona fide claim of
ownership long before June 12, 1945, their predecessor-in-interest had acquired the
land, because they were conclusively presumed to have performed all conditions
essential to a government grant. The land ceased to be part of the public domain. It
is alienable and disposable land. Joel and Michelle acquired the rights of their
predecessors-in-interest by virtue of the sale to them.
Joel and Michelle can have the land registered in their names. They were natural
born Filipino citizens at the time of their acquisition of the land. Their becoming
Canadian citizen subsequently is immaterial. Article XII, Sec. 8 of the 1987
Constitution presupposes that they purchased the land after they lost Filipino
citizenship. It does not apply in this case at all.

1996 BAR EXAMINATION QUESTIONS

Eminent Domain; Socialized Housing (1996)
N0.4
The City of Pasig initiated expropriation proceedings on a one-hectare lot which is
part of a ten-hectare parcel of land devoted to the growing of vegetables. The
purpose of the expropriation is to use the land as a relocation site for 200 families
squatting along the Pasig river.
a) Can the owner of the property oppose the expropriation on the ground that only
200 out of the more than 10,000 squatter families in Pasig City will benefit from the
expropriation? Explain.
b) Can the Department of Agrarian Reform require the City of Pasig to first secure
authority from said Department before converting the use of the land from
agricultural to housing? Explain.
SUGGESTED ANSWER:
14

a) No, the owner of the property cannot oppose the expropriation on the ground
that only 200 out of more than 10,000 squatter families in Pasig City will benefit
from the expropriation. As held in Philippine Columbian Association vs. Pants, 228
SCRA 668, the acquisition of private property for socialized housing is for public use
and the fact that only a few and not everyone will benefit from the expropriation
does not detract from the nature of the public use.
b) No, the Department of Agrarian Reform cannot require Pasig City to first secure
authority from it before converting the use of the land from agricultural to
residential. According to Province of Camarines Sur vs. Court of Appeals, 222 SCRA
173, there is no provision in the Comprehensive Agrarian Reform Law which subjects
the expropriation of agricultural lands by local government units to the control of the
Department of Agrarian Reform and to require approval from the Department of
Agrarian Reform will mean that it is not the local government unit but the
Department of Agrarian Reform who will determine whether or not the expropriation
is for a public use.
Cabinet Members; limitation on accepting additional duties (1996)
NO.7
Can the Secretary of Finance be elected Chairman of the Board of Directors of the
San Miguel Corporation? Explain.
SUGGESTED ANSWER:
No, the Secretary of Finance cannot be elected Chairman of the Board of Directors
of the San Miguel Corporation. Under Section 13, Article VII of the Constitution,
members of the Cabinet cannot hold any other office or employment during their
tenure unless it is otherwise provided in the Constitution. They shall not also during
said tenure participate in any business or be financially interested in any contract
with, or in any franchise, or special privilege granted by the Government or any
subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office

Admin Law; Exhaustion of Administrative Remedies vs Doctrine of Primary

Jurisdiction (1996)
No. 11:
1) Distinguish the doctrine of primary jurisdiction from the doctrine of exhaustion of
administrative remedies.

15

2) Does the failure to exhaust administrative remedies before filing a case in court
oust said court of jurisdiction to hear the case? Explain.
SUGGESTED ANSWER;
1) The doctrine of primary jurisdiction and the doctrine of exhaustion of
administrative remedies both deal with the proper relationships between the courts
and administrative agencies. The doctrine of exhaustion of administrative remedies
applies where a claim is cognizable in the first instance by an administrative agency
alone. Judicial interference is withheld until the administrative process has been
completed. As stated in Industrial Enterprises, Inc. vs. Court of Appeals, 184 SCRA
426. The doctrine of primary jurisdiction applies where a case is within the
concurrent jurisdiction of the court and an administrative agency but the
determination of the case requires the technical expertise of the administrative
agency. In such a case, although the matter is within the jurisdiction of the court, it
must yield to the jurisdiction of the administrative case.
2) No, the failure to exhaust administrative remedies before filing a case in court
does not oust the court of jurisdiction to hear the case. As held in Rosario vs. Court
of Appeals, 211 SCRA 384, the failure to exhaust administrative remedies does not
affect the jurisdiction of the court but results in the lack of a cause of action,
because a condition precedent that must be satisfied before action can be filed was
not fulfilled
2nd Placer Rule; Rule of Succession (1996)
No. 13: 1)
A and B were the only candidates for mayor of Bigaa, Bulacan in the May 1995 local
elections. A obtained 10,000 votes as against 3,000 votes for B. In the same
elections, X got the highest number of votes among the candidates for the
Sangguniang Bayan of the same town. A died the day before his proclamation.
a) Who should the Board of Canvassers proclaim as elected mayor, A, B or X?
Explain
b) Who is entitled to discharge the functions of the office of the mayor, B or X?
Explain.
SUGGESTED ANSWER:
In accordance with Benito vs. COMELEC, 235 SCRA 436, it is A who should be
proclaimed as winner, because he was the one who obtained the highest number of
votes for the position of mayor, but a notation should be made that he died for the
purpose of applying the rule on succession to office. B cannot be proclaimed,
because the death of the candidate who obtained the highest number of votes does
not entitle the candidate who obtained the next highest number of votes to be
16

proclaimed the winner, since he was not the choice of the electorate. X is not
entitled to be proclaimed elected as mayor, because he ran for the Sangguniang
Bayan. Neither B nor X is entitled to discharge the functions of the office of mayor. B
is not entitled to discharge the office of mayor, since he was defeated in the
election. X is not entitled to discharge the office of mayor. Under Section 44 of the
Local Government Code, it is the vice mayor who should succeed in case of
permanent vacancy in the office of the mayor. It is only when the position of the vice
mayor is also vacant that the member of the Sangguniang Bayan who obtained the
highest number of votes will succeed to the office of mayor.
Election Protest; Jurisdiction (1996)
No, 14: 1)
As counsel for the protestant, where will you file an election protest involving a
contested elective position in:
a) the barangay?
b) the municipality?
c) the province?
d) the city?
e) the House of Representatives?
SUGGESTED ANSWER:
1) In accordance with Section 2(2), Article IX-C of the Constitution an election
protest involving the elective position enumerated below should be filed in the
following courts or tribunals:
a) Barangay - Metropolitan Trial Court, Municipal Circuit Trial Court, or Municipal Trial
Court
b) Municipality - Regional Trial Court
c) Province - COMELEC
d) City - COMELEC
e) Under Section 17. Article VI of the Constitution, an election protest involving the
position of Member of the House of Representatives shall be filed in the House of
Representatives Electoral Tribunal
Ordinances; Veto Power (1996)

17

(1) How does the local legislative assembly override the veto by the local chief
executive of an ordinance?
(2) On what grounds can a local chief executive veto an ordinance?
(3) How can an
ordinance vetoed by a local chief executive become a law
without it being overridden by the local legislative assembly?

SUGGESTED ANSWER:
1 Under Sections 54 (a) and 55 (c) of the Local Government Code, the local
legislative assembly can override the veto of the local chief executive by twothirds vote of all its members.
2 Under Section 55[a] of the Local Government Code, the local chief executive
may veto an ordinance on the ground that it is ULTRA VIRES or PREJUDICIAL TO
THE PUBLIC WELFARE
3 Pursuant to Section 54(b) of the Local Government Code, an ordinance vetoed by
the local chief executive shall be deemed approved if he does not communicate
his veto to the local legislative assembly within 15 days in the case of a province
and 10 days in the case of a city or a municipality. Likewise, if the veto by the
local executive has been overridden by the local legislative assembly, a second
veto will be void. Under Section 55(c) of the Local Government Code, the local
chief executive may veto an ordinance only once
Pre-Proclamation Contest; Proper Issues (1996)
No, 14: 2)
Give three issues that can be properly raised and brought in a pre-proclamation
contest.
SUGGESTED ANSWER:
2) According to Section 243 of the Omnibus Election Code, the following issues can
be properly raised.
1 The composition or proceedings of the board of canvassers are illegal;
2 The canvassed election returns are incomplete, contain material defects,
approved to be tampered with, or contain discrepancy in the same returns or in
other authenticated copies;

18

3 The election returns were prepared under duress, threats, coercion, or

intimidation, or they are obviously manufactured or not authentic; and
4 Substitute or fraudulent returns in controverted polling places were canvassed,
the results of which materially affected the standing of the aggrieved candidate or
candidates.
However, according to Section 15 of the Synchronized Election Law no preproclamation cases shall be allowed on matters relating to the preparation,
transmission, receipt, custody and appreciation of the election returns or the
certificates of canvass with respect to the positions of President, Vice-President,
Senator and Member of the House of Representatives. No pre-proclamation case are
allowed in the case of barangay elections
1997 BAR EXAMINATION QUESTIONS
Question No.2
The Sangguniang Panlungsod of Manila approved an ordinance (No. 1000) prohibiting the
operation in the streets within the city limits of taxicab units over eight years old (from
year of manufacture). The imposable penalty for violation thereof is a fine of P4,000.00
or imprisonment for one year upon the erring operator. Thereafter and while the city
ordinance was already in effect. Congress enacted a law (Republic Act No. 500)
prohibiting the operation in the streets of cities throughout the country of taxicab units
beyond ten years old. The imposable penalty for violation thereof is the same as in
Ordinance No. 1000. A, an owner/operator of a taxicab unit operating in the City of
Manila, was charged with violation of the city ordinance. Upon arraignment, he pleaded
not guilty; whereupon, trial was set five days thereafter. For failure of the witnesses to
appear at the trial, the City Court dismissed the case against A. The City Prosecutor of
Manila forthwith filed another information in the same court charging A with violation of
Republic Act No. 500 for operating the taxicab unit subject of the information in the first
case. The accused moved to dismiss the second case against him invoking double
Jeopardy.
How would you rule on A's motion if you were the Judge?
SUGGESTED ANSWER:
If I were the judge, I would grant the motion. The dismissal of the first case for
failure of the witnesses to appear terminated the first jeopardy. As held in Caes vs.
Intermediate Appellate Court, 179 SCRA 54, the dismissal of a case for failure of the
witnesses for the prosecution to appear constitutes an acquittal. The acquittal of A for
violation of Ordinance No. 1000 bars his prosecution for violation of Republic Act No. 500.
Under Section 21, Article in of the Constitution, if an act is punished by a law and an
ordinance, conviction or acquittal under either bars another prosecution for the same
act.
19

ALTERNATIVE ANSWER:
If I were the judge, I would deny the motion. The dismissal of the first case is void
and does not give rise to double jeopardy. The dismissal of the first case is arbitrary and
denied the prosecution due process of law. The trial was set five days after the
arraignment. There was no sufficient time to subpoena the witnesses and this was the
first time the witnesses failed to appear. As held in People vs. Declaro 170 SCRA 142, the
dismissal of a case for failure of the witnesses to appear at the initial hearing is arbitrary
and void and does not give rise to double jeopardy.
Question No.3 (Admin Law; Meaning of Government of the Philippines)
Are government-owned or controlled corporations within the scope and meaning of the
"Government of the Philippines"?
SUGGESTED ANSWER:
Yes. Section 2 of the Introductory Provision of the Administrative Code of 1987
defines the government of the Philippines as the corporate governmental entity through
which the functions of government are exercised throughout the Philippines, including,
same as the contrary appears from the context, the various arms through which political
authority is made effective in the Philippines, whether pertaining to the autonomous
regions, the provincial, city, municipal or barangay subdivisions or other forms of local
government.
Government owned or controlled corporation are within the scope and meaning of
the Government of the Philippines if they are performing governmental or political
functions.
Question No.6 (State Immunity vs. Waiver of Immunity)
It is said that "waiver of immunity by the State does not mean a concession of its
liability". What are the implications of this phrase?
SUGGESTED ANSWER:
The phrase that waiver of immunity by the State does not mean a concession of
liability means that by consenting to be sued, the State does not necessarily admit it is
liable. As stated in Philippine Rock Industries, Inc. vs. Board of Liquidators, 180 SCRA
171, in such a case the State is merely giving the plaintiff a chance to prove that the
State is liable but the State retains the right to raise all lawful defenses.
Question No.8 (Commission on Human Rights; Power to issue TRO)
About a hundred people occupied a parcel of land in Quezon City belonging to the city
government and built shanties thereon which they utilized for dwelling, sari-sari stores,
etc. The City Mayor issued an order directing the occupants to vacate the structures
20

within five days from notice, otherwise they would be evicted and relocated and their
shanties removed, in order that the parcel of land could be converted into a park for
public use and enjoyment. The inhabitants of the parcel of land complained to the
Commission on Human Rights urging that the Mayor of Quezon City be stopped from
doing what he has threatened to do. The Commission on Human Rights, after conducting
an investigation and finding that the shanties of petitioners were already being
demolished by then, ordered the Quezon City Mayor and persons Implementing his order
to cease and desist from demolishing petitioners' shanties under pain of contempt.
What have you to say on the validity of the actuation of the Commission on Human
Rights in relation to that of the Quezon City Mayor?
SUGGESTED ANSWER:
The actuation of the Commission on Human Rights is void. In Simon vs.
Commission on Human Rights, 229 SCRA 117. the Court held that the Commission on
Human Rights has no power to issue a restraining order or a writ of injunction and has no
power to cite for contempt for violation of the restraining order or a writ of preliminary
injunction. The cease and desist order, according to the Court, is a semantic Interplay for
a restraining order. Its power to cite for contempt should be understood to apply only to
violations of its adopted operational guidelines and rules of procedure essential to carry
out its investigatorial powers, which it is constitutionally authorized to adopt.
Question No.9 (Ordinance; Use & Lease of Properties; Public Use)
Due to over-crowding in the public market in Paco, Manila, the City Council passed an
ordinance allowing the lease to vendors of parts of the streets where the public market is
located, provided that the lessees pay to the city government a fee of P50 per square
meter of the area occupied by the lessees. The residents in the area complained to the
Mayor that the lease of the public streets would cause serious traffic problems to them.
The Mayor cancelled the lease and ordered the removal of the stalls constructed on the
streets. Was the act of the Mayor legal?
SUGGESTED ANSWER:

The cancellation of the lease and the removal of the stalls are valid. As held in
Macasiano vs. Diokno, 212 SCRA 464, the lease of public streets is void, since they are
reserved for public use and are outside the commerce of man.
Question No.15 (Pardoning Power; Executive Clemency)
Governor A was charged administratively with oppression and was placed under
preventive suspension from office during the pendency of his case. Found guilty of the
charge, the President suspended him from office for ninety days. Later, the President
granted him clemency by reducing the period of his suspension to the period he has
21

already served. The Vice Governor questioned the validity of the exercise of executive
clemency on the ground that it could be granted only in criminal, not administrative,
cases. How should the question be resolved?
SUGGESTED ANSWER:
The argument of the Vice Governor should be rejected. As held in Llamas vs.
Orbos, 202 SCRA 844. the power of executive clemency extends to administrative cases.
In granting the power of executive clemency upon the President, Section 19, Article VII of
the Constitution does not distinguish between criminal and administrative cases. Section
19, Article VII of the Constitution excludes impeachment cases, which are not criminal
cases, from the scope of the power of executive clemency. If this power may be
exercised only in criminal cases, it would have been unnecessary to exclude
impeachment cases from this scope. If the President can grant pardons in criminal cases,
with more reason he can grant executive clemency in administrative cases, which are
less serious.
Question No.17 (Pre-Proclamation Contest vs. Election Contests)
State how (a) pre-proclamation controversies, on the one hand, and (b) election protests,
on the other, are initiated, heard and finally resolved.
SUGGESTED ANSWER:
(A)

PRE-PROCLAMATION CONTROVERSIES

a) Questions affecting the composition or proceedings of the board of canvassers

may be initiated in the board of canvassers or directly with the COMELEC.
b) Questions involving the election returns and the certificates of canvass shall be
brought in the first instance before the board of canvassers only, (Section 17, Republic
Act No, 2166.)
c) The board of canvassers should rule on the objections summarily. (Section 20,
Republic Act No. 7166.)
d) Any party adversely affected may appeal to the COMELEC. (Section 20. Republic
Act No. 7166.)
e) The decision of the Commission on Election may be brought to the Supreme Court on
certiorari by the aggrieved party, (Section 7, Article IX-A of the Constitution.)
All pre-proclamation controversies pending before the COMELEC shall be deemed
terminated at the beginning of the term of the office involved and the rulings of the
board of canvassers shall be deemed affirmed, without prejudice to the filing of an
election protest. However, the proceedings may continue when on the basis of the
22

evidence presented so far, the COMELEC or the Supreme Court determines that the
petition appears to be meritorious. (Section 16, Republic Act No. 7166.
(B) ELECTION CONTESTS An election protest is initiated by filing a protest
containing the following allegations:
1. The protestant is a candidate who duly filed a certificate of candidacy and was
voted for in the election
2. The protestee has been proclaimed;
3. The date of the proclamation, (Miro vs. COMELEC, 121 SCRA 466)
The following have jurisdiction over election contests:
a Barangay officials - Inferior Court;
b. Municipal officials -Regional Trial Court
c.
Regional, provincial, and city officials COMELEC (Section 2(2), Art. IX-C of the
Constitution
d. Congressman -House of Representatives Electoral Tribunal
e.
Constitution)

Senators - Senate Electoral Tribunal (Section 1. Article VI of the

f.

President and Vice President - Supreme Court (Section 4, Article VII of

Constitution)
The decision of the inferior court in election contests involving barangay officials
and of the Regional Trial Court in election contests involving municipal officials are
appealable to the COMELEC. (Section 2(2). Article IX-C of the Constitution.) The decision
of the COMELEC may be brought to the Supreme Court on certiorari on questions of law.
(Rivera vs. COMELEC, 199 SCRA 178)
The decision of the COMELEC in election contests involving regional, provincial and
city officials may be brought to the Supreme Court on certiorari (Section 7, Article IX-A
and Section 2(2), Article IX-C of the Constitution.)
The decisions of the Senate Electoral Tribunal and of the House of Representatives
Electoral Tribunal may be elevated to the Supreme Court on certiorari if there was grave
abuse of discretion. (Lazatin vs COMELEC 168 SCRA 391)
Question No.18 (Receiving of Indirect Compensation)
A, while an incumbent Governor of his province, was invited by the Government of
Cambodia as its official guest. While there, the sovereign king awarded Governor A with
a decoration of honor and gifted him with a gold ring of insignificant monetary value,
both of which he accepted.
23

Was Governor A's acceptance of the decoration and gift violative of the
Constitution?
SUGGESTED ANSWER:
Yes, it violated Section 8, Article IX-B of the Constitution. For his acceptance of the
decoration of honor and the gold ring from the Government of Cambodia to be valid,
Governor A should first obtain the consent of Congress.
1998 BAR EXAMINATION QUESTIONS
I.
The department of National Defense entered into a contract with Raintree Corporation
for the supply of ponchos to the Armed Forces of the Philippines (AFP), stipulating that, in
the event of breach, action may be filed in the proper courts in manila.
Suppose the AFP fails to pay for delivered ponchos, where must Raintree Corporation file
its claim? Why? (10%)
SUGGESTED ANSWER:
Raintree Corporation must file its claim with the Commission on Audit. Under
Section 2(1) IX-D of the Constitution, the Commission on Audit has the authority to settle
all accounts pertaining to expenditure of public funds. Raintree Corporation cannot file a
case in immunity from suit when it entered into the contract with Raintree Corporation
for the supply of ponchos for the use of the Armed Forces of the Philippines. The contract
involves the defense of the Philippines and therefore relates to a sovereign function.
In the United States vs. Ruiz, 136 SCRA 487, 492, the Supreme Court held:
The restricted application of State immunity is proper only when the proceedings
arise out of commercial transactions of the foreign sovereign, its commercial activities or
economic affairs. Stated differently, a state may be said to have descended to the level
of an individual and can thus be deemed to have tacitly given its consent to be sued only
when it enters into business contract relates to the exercise apply where the contract
relates to the exercise of its sovereign functions. In this case the projects are an integral
part of the naval base which is devoted to the defense of both the United States and the
Philippines, indisputably a function of the government of the highest order; they are not
utilized for nor dedicated to commercial or business purposes.
The provision for venue in the contract does not constitute a waiver of the state
immunity from suit, because the express waiver of this immunity can only be made by a
statue.
In Republic vs. Purisima, 78 SCRA 470 474, the Supreme Court ruled:
24

Apparently respondent Judge was misled by the terms of the contract between the
private respondent, plaintiff in his sala, and defendant Rice and Corn Administration
which, according to him, anticipated the case of a breach of contract between the parties
and suits that may thereafter arise. The consent, to be effective though, must come from
the State acting through a duly enacted statute as pointed out by Justice Bengzon in
Mobil.
ALTERNATIVE ANSWER:
In accordance with the doctrine of exhaustion of administrative remedies, Raintree
Corporation should first file a claim with the Commission on Audit. If the claim is denied,
it should file a petition for certiorari with the Supreme Court.
II.
The Constitution distinguishes between two types of owned and/or controlled
corporations: those with original charter and those which are subsidiaries of such
corporations. In which of the following rule/rules is such a distinction made? Consider
each of the following items and explain briefly your answer, citing pertinent provisions of
the Constitution.
1 The rule prohibiting the appointment to certain government positions, of the
spouse and relatives of the President within the fourth degree of consanguinity or
affinity. (2%)
2 The rule making it incompatible for members of Congress to hold offices or
employment in the government. (2%)
3 The rule prohibiting members of the constitutional Commission, during their
tenure, to be financially interested in any contract with or any franchise or
privilege granted by the government officials and employees. (2%)
4 The rule providing for post audit by the COA of certain government agencies. (2%)
5 The rule requiring Congress to provide fo the standardization of compensation
government officials and employees. (2%)
SUGGESTED ANSWER:
1 Section 13, Article VII of the Constitution, which prohibits the President from
appointing his spouse and relatives within the fourth degree of consanguinity of
affinity does not distinguish between government corporations with original
charters and their subsidiaries, because the prohibition applies to both.
25

2 Section 13, Article VII of the constitution, which prohibits the member of the
congress from holding any other office during their term without forfeiting their
seat, does not distinguish between government corporations with original charter
and their subsidiaries, because the prohibition applies to both.
3

Section 2, Article IX-A of the constitution, which prohibits Members of the

constitutional Commissions from being financially interested in any contract with or
any franchise or privilege granted by the Government, does not distinguish
between government corporations with original charters and their subsidiaries,
because the prohibition applies to both.

4 Section 2(1), Article IX-D of the constitution which provides for post audit by the
Commission on Audit of government corporations, does not distinguish between
government corporations with original charters and their subsidiaries, because the
provision applies to both.
5 Section5, Article IX-B of the constitution, which provides for the standardization of
the compensation of government officials and employees, distinguishes between
government corporations and their subsidiaries, for the provision applies only to
government Corporations with original charters.

III.
Express your agreement or disagreement with any of the following statements. Begin
your answer with the statement: I AGREE or DISAGREE as the case be.
1 Anyone, whether individual, corporation or association, qualified to acquire
private lands is also qualified to acquire public lands in the Philippines. (2%)
2 A foreign corporation can only lease private lands in the Philippines. (2%)
SUGGESTED ANSWER:
1 I disagree. Under section 7, Article XII of the Constitution, a corporation or
association which is sixty percent owned by Filipino citizens can acquire private
land, because it can lease public land and can therefore hold public land.
However, it cannot acquire public land.
Under Section 3, Article Xii of the constitution, private corporations and associations can
only lease and cannot acquire public land.
Under Section 8, Article XII of the constitution, a natural-born Filipino citizen who lost his
Philippine citizenship may acquire private land only and cannot acquire public land.
26

2 I agree. A foreign corporation can lease private lands only cannot lease public land.
Under section 2, Article XII of the constitution, the exploration, development and
utilization of public lands may be undertaken through co-production, joint venture
or production-sharing agreements only with Filipino citizen or corporations or
associations which are at least sixty percent owned by Filipino citizen.
VI.
The city of Ceby expropriated the property of Carlos Topico for use as a municipal
parking lot. The Sangguniang Panlungsod appropriated P10 million for this purpose but
the Regional Trial Court fixed the compensation for the taking of the land at P15 million.
1 What legal remedy, if any, does Carlos Topico have to recover the balance of P5
million for taking of his land? (3%)
2 If the City of Cebu has money in bank, can it be garnished? (2%)
SUGGESTED ANSWER:
1 The remedy of Carlos Topico as to levy on the patrimonial properties of the City
of Cebu. In Municipality of Paoay vs. Manaois, 86 Phil. 629, 632, the Supreme
Court held:
Property, however, which is patrimonial and which is held by a municipality in its
proprietary capacity as treated by the great weight of authority as the private asset of
the town and may be leveled upon and sold under an ordinary execution.
It the City of Cebu does not have patrimonial properties, the remedy of Carlos
Topico is to file a petition for mandamus to compel it to appropriate money to satisfy the
judgment.
In Municipality of Makati vs. Court of Appeals, 190 SCRA 206, 213, the Supreme Court
held:
Where a municipality fails or refuses, without justifiable reason, to effect payment
of a final money judgment rendered against it, the claimant may avail of the remedy of
mandamus in order to compel the enactment and approval of the corresponding
disbursement of municipal funds therefore.
ALTERNATIVE ANSWER:
1 He can file the money claim with the Commission on Audit.
SUGGESTED ANSWER:
2 No, the money of the City of Cebu in the bank cannot be garnished if it came
from public funds. As hold in Municipality of Makati vs. Court of Appeals, 190
SCRA 206, 212, public funds are exempted from garnishment.
27

1999 BAR EXAMINATION QUESTIONS

State Immunity from Suit
I-A
1.) What do you understand by state immunity from suit? Explain. (2%)
2.)

How may consent of the state to be sued be given? Explain. (2%)

SUGGESTED ANSWER:
1.)
STATE IMMUNITY FROM SUIT means that the State cannot be sued without its
consent. A corollary of such principle is that properties used by the State in the
performance of its governmental functions cannot be subject to judicial execution.
2.) Consent of the State to be sued may be made expressly as in the case of a
specific, express provision of law as waiver of State immunity from suit is not inferred
lightly (e.g. C.A. 327 as amended by PD 1445} or impliedly as when the State engages in
proprietary functions (U.S. v. Ruiz, U.S. v. Guinto) or when it files a suit in which case the
adverse party may file a counterclaim (Froilan v. Pan Oriental Shipping) or when the
doctrine would in effect be used to perpetuate an injustice (Amigable v. Cuenca, 43 SCRA
360).

State Immunity from Suit (1999)

I-B
The employees of the Philippine Tobacco Administration (PTA) sued to recover overtime
pay. In resisting such claim, the PTA theorized that it is performing governmental
functions. Decide and explain. (2%)
SUGGESTED ANSWER:
As held in Philippine Virginia Tobacco Administration v. Court of Industrial Relations,
65 SCRA 416, the Philippine Tobacco Administration is not liable for overtime pay, since it
is performing governmental functions. Among its purposes are to promote the effective
merchandising of tobacco so that those engaged in the tobacco industry will have
economic security, to stabilize the price of tobacco, and to improve the living and
economic conditions of those engaged in the tobacco industry.
Appointing Power; Categories of Officials (1999)
28

III-A
1.) What are the six categories of officials who are subject to the appointing power of
the President? (2%)
2.)
Name the category or categories of officials whose appointments need
confirmation by the Commission on Appointments? (2%)
SUGGESTED ANSWER:
Under Section 16, Article VII of the Constitution, the six categories of officials who
are subject to the appointing power of the President are the following:
1. Head of executive departments;
2. Ambassadors, other public ministers and consuls;
3. Officers of the armed forces from the rank of colonel or naval captain;
4. Other officers whose appointments are vested in him by the Constitution;
5. All other officers of the government whose appointments are not otherwise provided
by law; and
6. Those whom he may be authorized by law to appoint. (Cruz, Philippine Political Law,
1998 ed., pp. 204-205) (It is suggested that if the examinee followed the classification in
Sarmiento v. Mison, 156 SCRA 549 and named only four categories, because he
combined the first three categories into one, he be given full credit.)
2.) According to Sarmiento v. Mison, 156 SCRA 549, the only officers whose
appointments need confirmation by the Commission on Appointments are the head of
executive departments, ambassadors, other public ministers and consuls, officers of the
armed forces from the rank of colonel or naval captain, and other officials whose
appointments are vested in the President by the Constitution.
Qualifications; Congressmen; (1999)
No III - C.
Victor Ahmad was born on December 16, 1972 of a Filipino mother and an alien father.
Under the law of his father's country, his mother did not acquire his father's citizenship.
Victor consults you on December 21, 1993 and informs you of his intention to run for
Congress in the 1995 elections. Is he qualified to run? What advice would you give him?
Would your answer be the same if he had seen and consulted you on December 16, 1991
and informed you of his desire to run for Congress in the 1992 elections? Discuss your
answer. (3%)
FIRST ALTERNATIVE ANSWER:
29

C.
No, Victor Ahmad is not qualified to run for Congress in the 1995 elections.
Under Section 6, Article VI of the Constitution, a member of the House of Representatives
must be at least twenty-five (25) years of age on the day of the election. Since he will
be less than twenty-five (25) years of age in 1995, Victor Ahmad is not qualified to run.
Under Section 2, Article IV of the Constitution, to be deemed a natural-born citizen, Victor
Ahmad must elect Philippine citizenship upon reaching the age of majority. I shall advise
him to elect Philippine citizenship, if he has not yet done so, and to wait until the 1998
elections. My answer will be the same if he consulted me in 1991 and informed me of
his desire to run in the 1992 elections.
SECOND ALTERNATIVE ANSWER:
C. Under Section 2, Article IV of the Constitution, Victor Ahmad must have elected
Philippine citizenship upon reaching the age of majority to be considered a natural born
citizen and qualified to run for Congress. Republic Act No. 6809 reduced the majority age
to eighteen (18) years. Cuenco v. Secretary of Justice, 5 SCRA 108 recognized three (3)
years from reaching the age of majority as the reasonable period for electing Philippine
citizenship. Since Republic Act No. 6809 took effect in 1989 and there is no showing that
Victor Ahmad elected Philippine citizenship within three (3) years from the time he
reached the age of majority on December 16, 199C, he is not qualified to run for
Congress. If he consulted me on December 16, 1991, I would inform him that he should
elect Philippine citizenship so that he can be considered a natural born citizen.

Discipline; Effect of Pardon Granted in Favor of Public Officers (1999)

IV - C.
A City Assistant Treasurer was convicted of Estafa through falsification of public
document. While serving sentence, he was granted absolute pardon by the President. 1.
Assuming that the position of Assistant City Treasurer has remained vacant, would he be
entitled to a reinstatement without the need of a new appointment? Explain. (2%) 2. If
later the same position becomes vacant, could he reapply and be reappointed? Explain.
(2%)
SUGGESTED ANSWER:
A 1.) As held in Monsanto v. Factoran, 170 SCRA 190, pardon merely frees the
individual from all the penalties and legal disabilities imposed upon him because of
his conviction. It does not restore him to the public office relinquished by reason of
the conviction.
FIRST ALTERNATIVE ANSWER:

30

The Assistant City Treasurer can reapply and be appointed to the position, since
the pardon removed the disqualification to hold public office.
SECOND ALTERNATIVE ANSWER:
2.) The Assistant City Treasurer cannot reapply and be appointed to the position,
Under Article 36 of the Revised Penal Code, a pardon does not restore the right to hold
public office unless such right be expressly restored by the pardon;

Disqualifications (1999)
No V - A.2.
Under the Local Government Code, name four persons who are disqualified from running
for any elective position. (2%)
SUGGESTED ANSWER:
A2.) Under Section 40 of the Local Government Code, the following are disqualified
from running for any local elective position:
1) Those sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by one (1) year or more of imprisonment, within two (2) years
after serving sentence;
2) Those removed from office as a result of an administrative case;
3) Those convicted by final judgment for violating the oath of allegiance to the
Republic of the Philippines;
4) Those with dual citizenship;
5) Fugitives from justice in criminal or non-political cases here or abroad;
6) Permanent residents in a foreign country or those who have acquired the right
to reside abroad and continue to avail of the same right after the effectivity of the Local
Government Code; and
7) The insane or feeble-minded.
Appointment of Budget Officer; control vs supervision (1999)
No V - D.
On May 17, 1988, the position of Provincial Budget Officer of Province X became vacant.
Pedro Castahon, governor of the province, pursuant to Sec. 1 of E.O. No. 112, submitted
the names of three nominees for the aforesaid position to the Department of Budget
Management (DBM), one of whom was that of Marta Mahonhon. A month later, Castahon
31

informed the DBM that Mahonhon had assumed the office of PBO and requested that she
be extended the appropriate appointment. The DBM Secretary appointed Josefa Kalayon
instead. Castahon protested the appointment of Kalayon insisting that it is he who had
the right to choose the PBO by submitting the names of his three nominees and Kalayon
was not one of them. The DBM countered that none of the governor's nominees have the
necessary qualifications for the position. Specifically, Mahonhon lacked the five-year
experience in budgeting. Hence, the DBM was left with no alternative but to name one
who possesses all the requisite qualifications in the person of Kalayon. It cited Section
6.0 of the DBM Local Budget Circular No. 31 which states, "The DBM reserves the right to
fill up any existing vacancy where none of the nominees of the local chief executive meet
the prescribed requirements."
(a)

Was the DBM's appointment valid? (2%)

(b) What can you say regarding the above-quoted Section 6.0 of DBM's Local Budget
Circular No. 31?
Explain your answers. (2%)
SUGGESTED ANSWER:
(a) Under Section 1 of Executive Order No. 112, the Provincial Budget Officer must
be recommended by the Governor. Since Josefa Kalayon was not recommended by the
Governor, her appointment is not valid. As held in San Juan v. Civil Service Commission,
196 SCRA 69, if the person recommended by the Governor is not qualified, what the
Secretary of Budget and Management should do is to ask him to recommend someone
who is eligible.
(b) DBM Local Budget Circular No. 31 is not valid, since it is inconsistent with
Executive Order No. 112, which requires that the appointee for Provincial Budget Officer
be recommended by the Governor. (Under the Local Government Code, it is now the local
chief executive who is empowered to appoint the budget officer).
Boundary Dispute Settlement; Authority; Jurisdiction (1999)
No V - C.
What body or bodies are vested by law with the authority to settle disputes involving: (1)
two or more towns within the same province; (1%) (2) two or more highly urbanized
cities. (1%)
SUGGESTED ANSWER:
Under Section 118(b) of the Local Government Code, boundary disputes involving
two or more municipalities within the same province shall be settled by the sangguniang
panlalawigan concerned.
32

2.) Under Section 118(d) of the Local Government Code, boundary disputes
involving two or more highly urbanized cities shall be settled by the sangguniang
panlungsod of the parties
Devolution of Power (1999)
VI-A
Define devolution with respect to local government units.
SUGGESTED ANSWER:
Section 17(e) of the Local Government Code defines devolution as the act by which
the National Government confers power and authority upon the various local
government units to perform specific functions and responsibilities.
Taxation; Sources of Revenue (1999)
No VI B
Under the Constitution, what are the three main sources of revenues of local government
units? (2%)
SUGGESTED ANSWER:
The following are the main sources of revenues of local government units under
the Constitution: 1. Taxes, fees, and charges. (Section 5, Article X) 2. Share in the
national taxes. (Section 6, Article X) 3. Share in the proceeds of the utilizations and
development of the national wealth within their areas. (Section 7, Article X}

Taxation; GOCC Liability For Real Estate Tax (1999)

No VI - C.
The Province of X required the National Development Company to pay real estate taxes
on the land being occupied by NDC and the latter argued that since it is a governmentowned corporation, its properties are exempt from real estate taxes. If you were the
Judge, how would you decide the case? Reason out. (2%)
SUGGESTED ANSWER:
In National Development Company v. Cebu City, 215 SCRA 382, the Supreme Court
held that the National Development Company was not liable for real estate tax on the
property belonging to the government which it occupy. However, Section 234 of the Local
Government Code subsequently withdrew the exemption from real property taxes of
government-owned or controlled corporations.
If I were the Judge, I would hold the
National Development Company liable for real estate taxes.
33

Impose Tariff Rates, Import and Export Quotas (1999)

VII-B
What are the limitations/restrictions provided by the Constitution on the power of
Congress to authorize the President to fix tariff rates, import and export quotas, tonnage
and wharfage dues. Explain. (2%)
SUGGESTED ANSWER:
According to Section 28(2), Article VI of the Constitution, Congress may, by law,
authorize the President to fix within specified limits, and subject to such limitations and
restrictions it may impose, tariff rates, import and export quotas, tonnage and wharfage
dues and other duties or imposts within the framework of the national development
program of the Government.
Due Process; Absence of Denial (1999)
No VIII B
On April 6, 1963, Police Officer Mario Gatdula was charged by the Mayor with Grave
Misconduct and Violation of Law before the Municipal Board. The Board investigated
Gatdula but before the case could be decided, the City charter was approved. The City
Fiscal, citing Section 30 of the city charter, asserted that he was authorized thereunder
to investigate city officers and employees.
The case against Gatdula was then
forwarded to him, and a re-investigation was conducted. The office of the Fiscal
subsequently recommended dismissal. On January 11, 1966, the City Mayor returned the
records of the case to the City Fiscal for the submission of an appropriate resolution but
no resolution was submitted. On March 3, 1968, the City Fiscal transmitted the records to
the City Mayor recommending that final action thereon be made by the City Board of
Investigators (CBI). Although the CBI did not conduct an investigation, the records show
that both the Municipal Board and the Fiscal's Office exhaustively heard the case with
both parties afforded ample opportunity to adduce their evidence and argue their cause.
The Police Commission found Gatdula guilty on the basis of the records forwarded by the
CBI. Gatdula challenged the adverse decision of the Police Commission theorizing that he
was deprived of due process. Questions: Is the Police Commission bound by the findings
of the City Fiscal? Is Gatdula's protestation of lack or non-observance of due process
well-grounded? Explain your answers. (4%)
SUGGESTED ANSWER:
The Police Commission is not bound by the findings of the City Fiscal. In Mangubat
v. de Castro, 163 SCRA 608, it was held that the Police Commission is not prohibited from
34

making its own findings on the basis of its own evaluation of the records. Likewise, the
protestation of lack of due process is not well-grounded, since the hearings before the
Municipal Board and the City Fiscal offered Gatdula the chance to be heard. There is no
denial of due process if the decision was rendered on the basis of evidence contained in
the record and disclosed to the parties affected.
Career Service; Characteristics (1999)
No IX A
What characterizes the career service and what are included in the career service? (2%)
SUGGESTED ANSWER:
According to Section 7, Chapter 2, Title I, Book V of the Administrative Code of
1987, the career service is characterized by (1) Entrance based on merit and fitness to
be determined as far as practicable by competitive examination or based on highly
technical qualifications; (2) opportunity for advancement to higher career positions; and
(3) security of tenure. The career service includes: (1) OPEN CAREER POSITIONS for
appointment to which prior qualifications in an appropriate examination is required; (2)
CLOSED CAREER POSITIONS which are scientific or highly technical in nature; (3)
Positions in the CAREER EXECUTIVE SERVICE; (4) Career officers other than those in the
career executive service, who are appointed by the President; (5) Commissioned officers
and enlisted men of the Armed Forces; (6) Personnel of government - owned or
controlled corporations, whether performing governmental or proprietary functions, who
do not fall under the non-career service; and (7) Permanent laborers, whether skilled,
semiskilled, or unskilled.

Jurisdiction over the GOCCs (1999)

No IX B
Luzviminda Marfel, joined by eleven other retrenched employees, filed a complaint with
the Department of Labor and Employment (DOLE) for unpaid retrenchment or separation
pay, underpayment of wages and non-payment of emergency cost of living allowance.
The complaint was filed against Food Terminal, Inc. Food Terminal Inc. moved to dismiss
on the ground of lack of jurisdiction, theorizing that it is a government-owned and
controlled corporation and its employees are governed by the Civil Service Law and not
by the Labor Code. Marfel opposed the motion to dismiss, contending that although
Food Terminal, Inc. is a corporation owned and controlled by the government earlier
created and organized under the general corporation law as "The Greater Manila Food
Terminal, Inc.", it has still the marks of a private corporation: it directly hires its
employees without seeking approval from the Civil Service Commission and its personnel
35

are covered by the Social Security System and not the Government Service Insurance
System, The question posed in the petition for certiorari at bar is whether or not a labor
law claim against a government-owned or controlled corporation like the Food Terminal,
Inc. falls within the jurisdiction of the Department of Labor and Employment or the Civil
Service Commission? Decide and ratiocinate. (4%)
SUGGESTED ANSWER:
The claim of the retrenched employees falls under the jurisdiction of the National
Labor Relations Commission and not under the jurisdiction of the Civil Service
Commission. As held in Lumanta v. National Labor Relations Commission, 170 SCRA 79,
since Food Terminal, Inc. was organized under the Corporation Law and was not created
by a special law in accordance with Section 2(1), Article IX-B of the Constitution, it is not
covered by the civil service.
Security of Tenure; Meaning (1999)
No IX C
What is the meaning and guarantee of security of tenure? (2%)
SUGGESTED ANSWER:
According to Palmera v. Civil Service Commission, 235 SCRA 87, SECURITY OF
TENURE means that no officer or employee in the Civil Service shall be suspended or
dismissed except for cause as provided by law and after due process.
2000 BAR EXAMINATION QUESTIONS
Admin Law; Rules and Regulations; Due Process (2000)
III
The Maritime Industry Authority (MARINA) issued new rules and regulations governing
pilotage services and fees, and the conduct of pilots in Philippine ports. This it did
without notice, hearing nor consultation with harbor pilots or their associations whose
rights and activities are to be substantially affected. The harbor pilots then filed suit to
have the new MARINA rules and regulations declared unconstitutional for having been
issued without due process. Decide the case. (5%)
SUGGESTED ANSWER:
The issuance of the new rules and regulations violated due process. Under Section
9, Chapter II, Book VII of the Administrative Code of 1987, as far as practicable, before
adopting proposed rules, an administrative agency should publish or circulate notices of
the proposed rules and afford interested parties the opportunity to submit their views;
and in the fixing of rates, no rule shall be valid unless the proposed rates shall have been
published in a newspaper of general circulation at least two weeks before the first
36

hearing on them. In accordance with this provision, in Commissioner of Internal Revenue

v CA, 261 SCRA 236 (1996), it was held that when an administrative rule substantially
increases the burden of those directly affected, they should be accorded the chance to
be heard before its issuance. ALTERNATIVE ANSWER: Submission of the rule to the
University of the Philippines Law Center for publication is mandatory. Unless this
requirement is complied with, the rule cannot be enforced.
Transparency; Matters of Public Interest (2000)
V
State at least three constitutional provisions reflecting the State policy on transparency
in matters of public interest. What is the purpose of said policy? (5%)
SUGGESTED ANSWER:
The following are the constitutional provisions reflecting the State policy on
transparency in matters of public interest:
1.
"Subject to reasonable conditions prescribed by law, the State adopts and
Implements a policy of full public disclosure of all its transactions involving public
interest." (Section 28, Article II)
2.
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 to citizen, subject to such limitations as
may be provided by law." (Section 7, Article III)
3.
The records and books of accounts of the Congress shall be preserved and be
open to the public in accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an itemized list of amounts paid to and
expenses incurred for each Member." (Section 20. Article VI)
4.
The Office of the Ombudsman shall have the following powers, functions, and
duties: XXX
XXX (6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence," (Section 12, Article XI)
5.
"A public officer or employee shall, upon assumption of office, and as often as
thereafter may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the President, the Vice President, the Members
of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and
other constitutional offices, and officers of the armed forces with general or flag rank, the
declaration shall be disclosed to the public in the manner provided by law." (Section 17,
Article XI)

37

6.
"Information on foreign loans obtained or guaranteed by the Government
shall be made available to the public." (Section 21 Article XII) As explained In Valmonte v.
Belmonte, 170 SCRA 256 (1989), the purpose of the policy is to protect the people from
abuse of governmental power. If access to information of public concern is denied, the
postulate "public office is a public trust" would be mere empty words. {Note: The
examinee should be given full credit if he gives any three of the above-mentioned
provisions.}
Discipline; Clemency; Doctrine of Condonation (2000)
VI
A provincial governor duly elected to office was charged with disloyalty and suspended
from office pending the outcome of the formal investigation of the charges against him.
The Secretary of Interior and Local Governments found him guilty as charged and
removed him from office. He filed a petition before the Supreme Court questioning his
removal. While the case was pending before the Supreme Court, he filed his certificate of
candidacy for the position of Governor and won, and was proclaimed Governor. He claims
his reelection to the position of Governor has rendered the pending administrative case
against him moot and academic. Is he correct? Explain. (5%)
SUGGESTED ANSWER:
Yes, the re-election of the governor has rendered the pending administrative case
against him moot. As explained in Aguinaldo v. Santos, 212 SCRA 768 (1992), a local
elective official cannot be removed from office for misconduct committed during his
previous term, because each term is separate and the people by re-electing him are
deemed to have forgiven his misconduct.
Abandonment of Office (2000)
VII
Alcantara was elected barangay chairman and later president of the Association of
Barangay Councils in his municipality. In that capacity, he was appointed by the
President as member of the Sangguniang Bayan of his municipality. Later, the Secretary
of Interior and Local Governments appointed Alcantara as member of the Sanggunlang
Panlalawigan of their province to meet a reorganizational contingency, and Mendoza
took his place in the Sangguniang Bayan. Alcantara then wrote a letter of resignation
from the Sangguniang Bayan addressed to the Mayor of the municipality, ceased
functioning as member thereof and assumed office and performed his functions as
member of the Sanggunlang Panlalawigan. Later, the reorganization of the Sangguniang
Panlalawigan and the appointment of Mendoza were voided. Can Alcantara reassume
office as member of the Sangguniang Bayan or has he lost it because of resignation?
abandonment? Explain. (5%)
38

SUGGESTED ANSWER:
Alcantara cannot reassume office as member of the Sangguniang Bayan. As held in
Sangguniang Bayan of San Andres v. Court of Appeals, 284 SCRA 276 (1998), Alcantara
should be deemed to have abandoned his position as member of the Sangguniang
Bayan. His intention to abandon his position is shown by his failure to perform his
function as member of the Sangguniang Bayan, his failure to collect the salary for the
position, his failure to object to the appointment of his replacement, and his failure to
initiate any act to reassume his post after the reorganization of the Sangguniang Bayan
was voided. Alcantara effected his intention by his letter of resignation, his assumption
of office as member of the Sangguniang Panlalawigan, his discharge of his duties as its
member, and his receipt of the salary for such post. Alcantara cannot be deemed to
have lost his office as member of the Sangguniang Bayan by resignation. Under Section
82 of the Local Government Code, the resignation should be submitted to the
Sangguniang Bayan. He submitted it to the Mayor instead, and the resignation was not
accepted.
Phil Con 87; People Power (2000)
IX-A
Is the concept of People Power recognized in the Constitution? Discuss briefly. (3%)
SUGGESTED ANSWER:
Yes, the concept of People Power is recognized in the Constitution. Under Section
32. Article VI of the Constitution, through initiative and referendum, the people can
directly propose and enact laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the registration of a petition
therefor signed by at least ten per centum of the total number of registered voters, of
which every legislative district must be represented by at least three per centum of the
registered voters thereof. Under Section 16, Article XIII of the Constitution, the right of
the people and their organizations to effective and reasonable participation at all levels
of social, political and economic decision-making shall not be abridged. The State shall,
by law facilitate the establishment of adequate consultation mechanisms. Under Section
2. Article XVII of the Constitution, the people may directly propose amendments to the
Constitution through initiative upon a petition of at least twelve per centum of the total
number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters therein.
Admin Law; Exhaustion of Administrative Remedies (2000)
XIII.
a)

Explain the doctrine of exhaustion of administrative remedies. (2%)

39

b)

Give at least three (3) exceptions to its application. (3%)

SUGGESTED ANSWER:
A The doctrine of exhaustion of administrative remedies means that when an
adequate remedy is available within the Executive Department, a litigant must first
exhaust this remedy before he can resort to the courts. The purpose of the
doctrine is to enable the administrative agencies to correct themselves if they
have committed an error. (Rosales v. Court of Appeals, 165 SCRA 344 [19881)
B.) The following are the exceptions to the application of the doctrine of exhaustion
of administrative remedies:
1. The question involved is purely legal;
2. The administrative body is in estoppel;
3. The act complained of is patently illegal;
4. There is an urgent need for Judicial intervention;
5. The claim involved is small;
6. Grave and irreparable injury will be suffered;
7. There is no other plain, speedy and adequate remedy;
8. Strong public interest is involved;
9. The subject of the controversy is private law;
10. The case involves a quo warranto proceeding (Sunville Timber Products, Inc. v. Abad.
206 SCRA 482 {1992);
11. The party was denied due process (Samahang Magbubukid ng Kapdula, Inc. v. Court
of Appeals, 305 SCRA 147 [1999]);
12. The decision is that of a Department Secretary. (Nazareno v. Court of Appeals, G.R.
No. 131641, February 23. 2000);
13. Resort to administrative remedies would be futile (University of the Philippines Board
of Regents v. Rasul 200 SCRA 685 [1991]);
14. There is unreasonable delay (Republic v, Sandiganbayan, 301 SCRA 237 [1999]);
15. "The action involves recovery of physical possession of public land (Gabrito u. Court
of Appeals, 167 SCRA 771 {1988]);
16. The party is poor (Sabello v. Department of Education, Culture and Sports, 180
SCRA 623 [1989]); and
40

17. The law provides for immediate resort to the court (Rulian v Valdez, 12 SCRA 501
[1964]). {Note: The examinee should be given full credit if he gives three of the abovementioned exceptions.}
Elective Public Officer; De Facto Officer (2000)
XVI-B
In the elections of May 1992, Cruz and Santos were the candidates for the office of
Municipal Mayor, the term of which was to expire on June 30, 1995. Finding that he won
by a margin of 20 votes, the Municipal Board of Canvassers proclaimed Cruz as the duly
elected Mayor. Santos filed an election protestbefore the Regional Trial Court (RTC) which
decided that it was Santos who had the plurality of 30 votes and proclaimed him the
winner. On motion made, the RTC granted execution pending the appeal of Cruz to the
COMELEC (Comelec) and on this basis. Santos assumed office and served as Municipal
Mayor. In time, the Comelec reversed the ruling of the RTC and instead ruled that Cruz
won by a margin of 40 votes and proclaimed him the duly elected Municipal Mayor.
a)
It is now beyond June 30, 1995.
term he has failed to serve? Why? (3%)

Can Cruz still hold office for the portion of the

b)
Was Santos a usurper and should he pay back what he has received while holding
the office as Municipal Mayor? Why? (2%)
SUGGESTED ANSWER;
a Cruz can no longer hold office for the portion of the term he failed to serve since
his term has expired. b) Santos was not a usurper. He was a de facto officer, since
he had a color of election to the office of Municipal Mayor by virtue of the decision
in the election protest. Hence, he is entitled to the emoluments of the off.

2001 BAR EXAMINATION QUESTIONS

III
The Republic of the Philippines, through the Department of Public Works and Highways
(DPWH), constructed a new highway linking Metro Manila and Quezon Province, and
which major thoroughfare traversed the land owned by Mang Pandoy. The government
neither filed any expropriation proceedings nor paid any compensation to Mang Pandoy
for the land thus taken and used as a public road.
Mang Pandoy filed a suit against the government to compel payment for the value of his
land. The DPWH filed a motion to dismiss the case on the ground that the State is
immune from suit. Mang Pandoy filed an opposition.
Resolve the motion. (5%)
41

SUGGESTED ANSWER:
The motion to dismiss should be denied. As held in Amigable v. Cuenca, 43 SCRA
300 (1972), when the government expropriates private property without paying
compensation, it is deemed to have waived its immunity from suit. Otherwise, the
constitutional guarantee that private property shall not be taken for public use without
payment of just compensation will be rendered nugatory.
VI
In order to implement a big government flood control project, the Department of Public
Works and Highways (DPWH) and a local government unit (LGU) removed squatters from
the bank of the river and certain esteros for relocation to another place. Their shanties
were demolished. The Commission on Human Rights (CHR) conductd an instigation and
issued an order for the DPWH and the LGU to cease and desist from effecting the
removal of the squatters on the ground that the human rights of the squatters were
being violated. The DPWH and the LGU objected to the order of the CHR.
Resolve which position is correct. Reasons (5%)
SUGGESTED ANSWER:
The position of the Department of Public Works and Highways and of the local
government unit is correct. As held in Export Processing Zone Authority v. Commission
on Human Right, 208 SCRA 125 (1992), no provision in the Constitution or any law
confers on the Commission on Human Rights jurisdiction to issue temporary restraining
orders or writs of preliminary injunction. The Commission on Human Rights has no
judicial power. Its powers are merely investigatory.
XVIII
In the deeds of sale to, and in the land titles of homeowners of a residential subdivision
in Pasig City, there are restrictions annotated therein to the effect that only residential
houses or structures may be built or constructed on the lots. However, the City Council of
Pasig enacted an ordinance amending the existing zoning ordinance by changing the
zone classification in that place from purely residential to commercial.
A, a lot owner, sold his lot to a banking firm and the latter started constructing a
commercial building on the lot to house a bank inside the subdivision. The subdivision
owner and the homeowners association filed a case in court to stop the construction of
the building for banking business purposes and to respect the restrictions embodied in
the deed of sale by the subdivision developer to the lot owners, as well as the annotation
in the titles.
42

If you were the judge, how would you resolve the case? (5%)
SUGGESTED ANSWER:
If I were the judge, I would dismiss the case. As held in Ortigas and Company
Limited Partnership v. Feati Bank and Trust Company, 94 SCRA 633 (1979), the zoning
ordinance is a valid exercise of police power and prevails over the contractual stipulation
restricting the use of the lot to residential purposes.
XIX
In the May 1992 elections, Manuel Manalo and Segundo Parate were elected as Mayor
and Vice Mayor, respectively. Upon the death of Manalo as incumbent municipal mayor,
Vice mayor Segundo Parate succeeded as mayor and served for the remaining portion of
the term of office. In the May 1995 election, Segundo Parate ran for and won as mayor
and then served for the full term. In the May 1998 elections, Parate ran for reelection as
Mayor and won again. In the May 2001 election, Segundo Parate filed his certificate of
candidacy for the same position, but his rival mayoralty candidate sought his
disqualification alleging violate on of the three-term limit for local elective officials
provided for in the Constitution and in the Local Government Code.
Decide whether the disqualification case will prosper or not. (5%)
SUGGESTED ANSWER:
The disqualification case should be dismissed. As held in Borja v. Commission on
Elections, 295 SCRA 157 ( 1996), in computing the three-term limitation imposed upon
local officials, only the term for he was elected to should be considered. The term which
he served as a result of succession should not be included. It is not enough that the
official has served three consecutive terms. He must have been elected to the same
position three consecutive times.

2002 BAR EXAMINATION QUESTIONS

IX.
A Tamaraw FX driven by Asiong Cascasero, who was drunk, sideswiped a pedestrian
along EDSA in Makati City, resulting in physical injuries to the latter. The public
prosecutor filed two separate informations against Cascasero, the first for reckless
imprudence resulting in physical injuries under the Revised Penal Code, and the second
for violation of an ordinance of Makati City prohibiting and penalizing driving under the
influence of liquor.

43

Cascasero was arraigned, tried and convicted for reckless imprudence resulting in
physical injuries under the Revise Penal Code. With regard to the second case(i.e.,
violation of the city ordinance), upon being arraigned, he filed a motion to squash the
information invoking his right against double jeopardy. He contented that, under Art. III,
Section 21 of the Constitution, if an act is punished by a law and an ordinance, conviction
or acquittal under either shall constitute a bar to another prosecution for the same act.
He argued that the two criminal charges against him stemmed from the same act of
driving allegedly under the influence of liquor which caused the accident.
Was there double jeopardy? Explain your answer. (5%)
FIRST ALTERNATIVE ANSWER:
Yes, there is double jeopardy. Under the second sentence of Article III, Section 21 of
the Constitution, if an act is punished by a law and an ordinance, conviction or acquittal
under either shall constitute a bar to another prosecution for the same act. In this case,
the same act is involved in the two cases. The reckless imprudence which resulted in
physical injuries arose from the same act of driving under the influence of liquor. In Yap V.
Lutero, G.R. No. L-12669, April 30, 1959, the Supreme Court held that an accused who
was acquitted of driving recklessly in violation of an ordinance could not be prosecuted
for damage to property through reckless imprudence because the two changes were
based on the same act. In People V. Relova, 148, SCRA 292 (1987), it was held that when
there is identity in the act punished by a law and an ordinance, conviction or acquitted
under either shall bar prosecution under the other.
SECOND ALTERNATIVE ANSWER:
There is no double jeopardy because the act penalized under the Revised Penal
Code is different from the act penalized by the ordinance of Makati City. The Revised
Penal Code penalizes reckless imprudence resulting to physical injuries, while the
ordinance of Makati City penalizes driving under the influence of liquor.
XIII
A, a city legal officer and B, a city Vice-mayor, filed certificates of candidacy ro the
position of City Mayor in the May 14, 20001 elections.
A.
B.

Was A ipso facto considered resigned and if so, effective on what date?
Was B ipso facto considered resigned and, if so, effective on what date?

In both cases, state the reason or reasons for your answer.

SUGGESTED ANSWER:
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A.
A was considered ipso facto resigned upon the filing of his certificate of candidacy,
because being a City Legal Officer, he is an appointive official. Sec 66 of the Omnibus
Election Code provides that any person holding a public appointive office shall be
considered ipso facto resigned upon the filing of his certificate of candidacy.
B.
B is not considered ipso facto resigned. Sec 67 of the Omnibus Election Code
considers any elective official ipso facto resigned from office upon his filing of a
certificate of candidacy for any office other than the one he is holding except for
President and V-Pres, was repealed bu the Fair Election Act.
XIV
Suppose A, a Municipal Mayor, went on sick leave to undergo medical treatment for a
period of four months. During that time
A.
Will B, the Municipal Vice Mayor, be performing executive functions? Why?
B.
Will B at the same time be also performing legislative functions As presiding officer
of the Sangguniang Bayan? Why?
SUGGESTED ANSWER:
A.
Since the Municipal mayor is temporarily incapacitated to perform his duties, in
accordance with Sec 46(a) of the LGC, the Municipal Vice-Mayor shall exercise his powers
and perform his duties and functions. The Municipal Vice-mayor will be performing
executive functions, because the functions of the Municipal mayor are executive.
B.
The Municipal Vice-mayor cannot continue as presiding officer of the Sangguniang
Bayan while he is acting Municipal Mayor. In accordance with Gamboa v. Aguirre 310
SCRA 867, under the LGC, the Vice-Municipal Mayor was deprived of the power to
preside over the Sangguniang bayan and is no longer member of it. The temporary
vacancy in the office of the Municipal Mayor creates a corresponding temporary vacancy
in the Office of the Municipal Vice-Mayor when he acts as Municipal Mayor. This
constitutes inability on his part to preside over the sessions of the Sangguniang Bayan.
XV
A vacancy occurred in the Sangguniang Bayan of a municipality when X, a member, died.
X did not belong to any political party.
To fill up the vacancy, the provincial governor appointed A upon the recommendation of
the Sangguniang Panlalawigan. On the other hand, for the same vacancy, the municipal
mayor appointed B upon the recommendation of The Sangguniang Bayan.
Which of these appointments is valid?
SUGGESTED ANSWER:

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As held in Farinas v. Barba, 256 SCRA 396, neither appointment is valid. Under Sec
45 of the LGC, in case of a permanent vacancy in the Sangguniang Bayan created by
cessation in office of a member who does not belong to any political party, the governor
shall appoint a qualified person recommended by the Sangguniang Bayan. Since A was
not recommended by the Sangguniang Bayan, his appointment by the governor is not
valid. Since B was not appointed by the Governor but by the Municipal Mayor, his
appointment is not valid.

XVI
Suppose the people in a province want to recall the provincial governor before the end of
his three year term of office,
A.
B.
C.

On what ground or grounds can the provincial governor be recalled?

How will the recall be initiated?
When will the recall of an elective local official be considered effective?

SUGGESTED ANSWER:
A.
In accordance with Sec. 66 of the LGC, the Governor can be recalled for loss
of confidence.
B.
Under Sec. 70 of the LGC, the recall may be initiated by a resolution adopted
by the majority of all the members of the preparatory recall assembly, which consist of
all the mayors, the vice- mayors and the Sangguniang members of the municipalities
and component cities, or by a written petition signed by at least 25% of the total
registered voters in the province.
C.
According to Section 17, of the LGC the recall of a local elective official shall
take effect upon the election and proclamation of a successor in the person the
candidate receiving the higest number of votes cast during the election on recall.

2003 BAR EXAMINATION QUESTIONS

XI
6%
An aggrieved resident of the City of Manila filed Mandamus proceedings against the city
mayor and the city engineer to compel these officials to remove the market stalls from
certain city streets which they had designated as flea markets. Portions Of the said city
streets were leased or licensed by the respondent officials to market stallholders by
virtue of a city ordinance. Decide the dispute.
FIRST ALTERNATIVE ANSWER:
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The petition should be granted. In accordance with Macasiano v. Diokno, 212 SCRA
464 [1992], since public streets are properties for public use and are outside the
commerce of man, the City Mayor and the City Engineer cannot lease or license portions
of the city streets to market stallholders.
SECOND ALTERNATIVE ANSWER:
The petition should be denied. Under Section 21 (d) of the Local Government Code,
a city may by ordinance temporarily close a street so that a flea market may be
established.
XII
5%
The municipal council of the municipality of Guagua, Pampanga, passed an
ordinance penalizing any person or entity engaged in the business of selling tickets to
movies or other public exhibitions, games or performances which would charge children
between 7 and 12 years of age the full price of admission tickets instead of only one-half
of the amount thereof. Would you hold the ordinance a valid exercise of legislative power
by the municipality? Why?
SUGGESTED ANSWER:
THE ORDINANCE IS VOID. As held in Balacuit v. Court of First Instance of Agusan del
Norte, 163 SCRA 182 [1988], the ordinance is unreasonable. It deprives the sellers of the
tickets of their property without due process. A ticket is a property right and may be sold
for such price as the owner of it can obtain. There is nothing permicious in charging
children the same price as adults.

(a)
(b)

XIII
Can a Barangay Assembly exercise any police power?
Can the Liga ng mga Barangay exercise legislative powers?

SUGGESTED ANSWERS:
(a)
No, the Barangay Assembly cannot exercise any police power. Under Section 398
of the Local Government Code, it can only recommended to the Sangguniang Barangay
the adoption of measures for the welfare of the barangay and decide on the adoption of
an initiative.
(b)
The Liga ng mga Barangay cannot exercise legislative powers. As stated in BitoOnon v. Fernandez, 350 SCRA 732 [2001], it is not a local government unit and its
primary purpose is to determine representation of the liga in the sanggunians; to
47

ventilate, articulate, and crystallize issues affecting barangay government

administration; and to secure solutions for them through proper and legal means.
2004 BAR EXAMINATION QUESTIONS
IX
A. Former Governor PP of ADS Province had dismissed several employees to scale
down the operations of his Office. The employees complained to the Merit Systems
Protection Board, which ruled that the Civil Service rules were violated when the
employees were dismissed. The Civil Service Commission (CSC) affirmed the MSPB
decision, and ordered ADS to reinstate the employees with full backwages. ADS did not
appeal and the order became final.
Instead of complying immediately, BOP, the incumbent Governor of ADS, referred
the matter to the Commission on Audit (COA), which ruled that the amounts Due are the
personal liabilities of the former Governor who dismissed the employees in bad faith.
Thus, ADS refused to pay. The final CSC decision, however, did not find the former
Governor in bad faith. The former Governor was likewise not heard on the question of his
liability.
Is ADS refusal justified? Can COA disallow the payment of backwages by ADS to
the dismissed employees due under a final CSC decision? Decide and reason briefly. (5%)

SUGGESTED ANSWER:
A. The refusal of ADS is not justified, and the Commission on Audit cannot disallow
the payment of backwages by ADS to the dismissed employee. The Commission on Audit
cannot make a ruling that it is the former governor was not given the opportunity to be
heard. In addition, the Commission on Audit cannot set aside a final decision of the Civil
Service Commission. The payment of backwages to illegally dismissed government
employee is not an irregular, unnecessary, excessive, extravagant or unconscionable
expenditure. (Uy v. Commission on Audit, 328 SCRA 607 [2000]).
B. The City of San Rafael passed an ordinance authorizing the City Mayor, assisted
by the police, to remove all advertising signs displayed or exposed to public view in the
main city street, for being offensive to sight or otherwise a nuisance. AM, whose
advertising agency owns and rents out many of a billboards ordered removed by the City
Mayor, claims that the City should pay for the destroyed billboards at their current
market value since the City has appropriated them for the public purpose of city
beautification. The Mayor refuses to pay, so AM is suing the City and the Mayor for
damages arising from the taking of his property without due process nor just
compensation.
48

Will AMs suit prosper? Reason briefly. (5%)

FIRST ALTERNTIVE ANSWER:
B. The suit of Am will not prosper. The removal of the billboards is not an exercise
of the power of eminent domain but a police power (Churchill v. Rafferty, 32 Phil 580
[1915]). The abatement of a nuisance in the exercise of police power does not constitute
taking of property and does not entitle the owner of the property involved to
compensation. (Association of Small Landowners in the Philippines, Inc. v. Secretary of
Agrarian Reform, 175 SCRA 343 [1989]).
SECOND ALTERNATIVE ANSWER:
The removal of the billboards for the purpose of beautification permanently
deprived AM of the right to use his property and amounts to its taking. Consequently, he
should be paid just compensation. (People v. Fajardo, 104 Phil. 443 [1958]).
2005 BAR EXAMINATION QUESTIONS
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%)
SUGGESTED ANSWERS:
A: Initiative is the power of the people to propose amendments to the constitution or to
propose and enact legislations through an election called for the purpose. Referendum is
the power of the electorate to approve or reject legislation through an election called for
the purpose.
B: The proclamation of a state of calamity by the president will have the following
effects:

The local government units in the province of Aurora may enact a supplemental
budget for the purchase of supplies and materials or the payment of services to prevent
danger to or loss of life or property.
49


The 5% of the estimated revenue from irregular sources required to be
appropriated in the budgets of local government units for unforeseen expenditures may
be used in the province of Aurora.

Science and technological personnel of the government in the province of Aurora

shall be paid hazard allowance.

Public health workers in the province of Aurora shall be paid hazard allowance

The prices of basic necessities in the province of Aurora shall automatically be

frozen at their prevailing levels or placed under automatic price control.

A crime committed in the province of Aurora will be considered as aggravated.

C: The following are the rights of the coastal state in the exclusive economic zone:

Sovereign rights for the purpose of exploring and exploiting, conserving and
managing the living and non living resources in the superjacent waters of the sea bed
and the resources of the sea bed and subsoil.

Soverign with respect to the other activities for the economic exploitation and
exploration of the zone or EEZ, such as production of energy from water, currents and
winds

Jurisdictional right with respect to establishment and use of artificial islands

Jurisdictional right as to protection and preservation of the marine environment

Jurisdictional right over marine scientific research

*Other rights and duties provided for in the law of the sea convention.
*These treaty provisions form part of the Philippine Law, the Philippines being a signatory
to the UNCLOS
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:
(a)
(b)

A Filipino Citizen? Explain.

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
50

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 newlycreated 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%)
SUGGESTED ANSWERS:
(1.) a) To be qualified for the office to which a local official has been elected, it is
sufficient that he is a Filipino citizen at the time of his proclamation and at the start of his
ter. Philippine citizenship is required for holding an elective public office to ensure that
no person owing allegiance to another country shall govern our people and a unit of the
Philippine territory.
An official begins to discharge his functions only upon his
proclamation and on the day his term of office begins.
b) To be qualified for the office which a local official has been elected , he must be a
resident of the locality for at least one year immediately before the election.
(2.) a) As lawyer of Manuel, I shall argue that when the municipality was converted to a
city, it became a different juridical personality. Hence, when he ran for city mayor, he
was not running for the same office as that of municipal mayor.
b) Manuel is not eligible to run as mayor of the city of Tuba. While it acquired a new
corporate existence and distinct from that of the municipality, this does not mean that
for the purpose of applying the constitutional provision on term limitations, the office of
the municipal mayor should be considered as different from the office of the city mayor.
The framers of the constitution intended to avoid evil of a single person accumulating
excessive power over a particular territorial jurisdiction as a result of a prolonged stay in
the same office. To allow Manuel to vie for a position of city mayor having served for the
3 consecutive terms as a municipal mayor will defeat the intent of the framers of the
constitution.
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c) The fact that Manuel is ineligible does not entitle Reyes, who garnered the second
highest number of votes, to be proclaimed elected. He was not the choice of the people.
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:
(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%)
SUGGESTED ANSWERS:
(1.) Since Passi is an independent component city, while Duenas is a municipality,
the procedure in section 118 of the Local Government Code does not apply to them.
Since there is no law providing for the jurisdiction for any court or quasi-judicial agency
over the settlement of their boundary dispute, the Regional Trial Court has jurisdiction to
adjudicate it. Under Sec 19 (6) of the Judiciary Reorganization Act, the RTC has exclusive
original jurisdiction in all cases not within the exclusive jurisdiction of any court or quasijudicial agency.
(2.) a) The Municipality of Santa has the power to expropriate. Sec 19 of the LGC
grants all local government units the power of eminent domain. However, Sec 19 of the
LGC requires an ordinance, not a resolution, for the exercise of the power of eminent
domain.
b) The disapproval of resolution no. 1 by the Sanggunian Panlalawigan of Ilocos
Sur on the ground that there may be other lots available in Santa is not a valid ground,
because it can disapprove resolution no.1 solely on the ground that it is beyond the
power of the Sangguniang Bayan of Santa.

52

c) If there are other lots that are better and more appropriate for the municipal
sports center, the lot owned by Cristian should not be expropriated. Its choice is
arbitrary.
2006 BAR EXAMINATION QUESTIONS
IV
State whether or not the following laws are constitutional. Explain briefly.
3. A law fixing the terms of local elective officials, other than barangay officials, to 6
years. 2%
SUGGESTED ANSWER:
The law is invalid. Under Art X sec 8 of the Constitution, the term of office of
elective local officials, except barangay officials, which shall be determined by law shall
be 3 years and no such official shall serve for more than 3 consecutive terms. The law
clearly goes against the aforesaid constitutional requirement of three year terms for local
officials except for barangay officials.
2007 BAR EXAMINATION QUESTIONS
II
The City Mayor issues an Executive Order declaring that the city promotes responsible
parenthood and upholds natural family planning. He prohibits all hospitals operated by
the city from prescribing the use of artificial methods of contraception, including
condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in
his city lost their access to affordable family planning programs. Private clinics, however,
continue to render family planning counsel and devices to paying clients.
(a) Is the Executive Order in any way constitutionally infirm? Explain.
SUGGESTED ANSWER:
Yes, the executive order is constitutionally infirm. Under the 1987 Constitution, the
state shall defend the right of the spouses to establish a family in accordance with their
religious convictions and demands of responsible parenthood. Art. XV, Sec. 3(1) ). By
upholding natural family planning and prohibiting the city hospitals from prescribing
artificial methods of contraception, the Mayor is imposing religious beliefs on spouses
who rely on the services of city hospitals. This clearly violates the above section of the
constitution.
Moreover, the 1987 Constitution states that no person shall be denied the equal
protection of the Laws. (Art. III, Sec 1). The constitution also provides that the state shall
53

promote a just and dynamic social order that ensures the prosperity and independence
of the nation and free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living and improved quality
of life for all. (Art. II, Section 9). The loss of access of poor city women to family planning
programs is discriminatory and creates suspect classification. It also goes against the
demands of social justice as enshrined in the immediately preceding provision. Thus, it
constitutes an invalid exercise of police power and violates substantive due process by
depriving people of the means to control their reproductive processes. Moreover, since
the national government has not outlawed the use of artificial methods of contraception,
then it would be against national policies. In addition, the Mayor cannot issue such
executive order without an underlying ordinance. (Moday v. Court of Appeals, G.R No.
107916, February 20, 1997). Besides, the action of the Mayor may be in violation of a
persons right to privacy.
VIII
The Provincial Governor of Bataan requested the Department of Budget and
Management (DBM) to release its Internal Revenue Allocation (IRA) of P100 million for
the current budget year. However, the General Appropriations Act provided that the IRA
may be released only if the province meets certain conditions as determined by an
Oversight Council created by the President.
(a) Is this requirement valid?
(b) The Provincial Governor is a party-mate of the President. May the Bataan
Representative instead file a petition to compel the DBM to release the funds?
SUGGESTED ANSWER:
(a)
No, its requirement is not valid. Under the 1987 Constitution, it is provided
that Local Government units shall have a just share, as determined by the law, in the
national taxes which shall be automatically released to them. As held in the case of
Alternative Center for Organizational Reforms and Development, et al. v. Zamora, G.R
No. 144256, a basic feature of Local fiscal autonomy is the Automatic release of the
shares of LGUs in the national internal revenue. The local Government code specifies
further that the release shall be made directly to the LGU concerned within five (5) days
after every quarter of the year and shall not be subject to any lien or holdback that may
be imposed by the national government for whatever purpose.
(b) No, he cannot. The Bataan Representative has no legal personality to institute a
petition for mandamus to compel the DBM to release the IRAs since the IRAs rightfully
belong to the province, of which he is not a local official. Only the local government
official concerned may file such petition. Being a congressman, the Bataan
Representative is a national government official and not a local government official
according to our Constitution and Local Government Code.
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