Archipelagic Doctrine PDF

Poli Law Bar Questions Compilation
Jom Vibandor
ARTICLE I National Territory baselines of a state over which the coastal

Archipelagic Doctrine (1989) state has sovereign rights for the purpose of
No. 20: What do you understand by the exploring
archipelagic doctrine? Is this reflected in the and exploiting, conserving and managing
1987 Constitution? the natural resources, whether living or
nonliving, of
SUGGESTED ANSWER: the waters superjacent to the seabed and of
The ARCHIPELAGIC DOCTRINE the seabed and subsoil, and with regard to
emphasizes the unity of land and waters by other
defining an activities for the economic exploitation and
archipelago either as a group of islands exploration of the zone. (Articles 56 and 57
surrounded by waters or a body of waters of the
studded with islands. For this purpose, it Convention on the Law of the Sea.)
requires that baselines be drawn by
connecting the Exclusive Economic Zone; Rights of the
appropriate points of the "outermost islands Coastal State (1994) No. 11:
to encircle the islands within the In the desire to improve the fishing methods
archipelago. The of the fishermen, the Bureau of Fisheries,
waters on the landward side of the baselines with the approval of the President, entered
regardless of breadth or dimensions are into a memorandum of agreement to allow
merely Thai fishermen to fish within 200 miles from
internal waters. the Philippine sea coasts on the condition
that Filipino fishermen be allowed to use
Yes, the archipelagic doctrine is reflected in Thai fishing equipment and vessels, and to
the 1987 Constitution. Article I, Section 1 learn modern technology in fishing and
provides canning.
that the national territory of the Philippines
includes the Philippine archipelago, with all 1) Is the agreement valid?
the
islands and waters embraced therein; and SUGGESTED ANSWER:
the waters around, between, and connecting 1) No. the President cannot authorize the
the Bureau of Fisheries to enter into a
islands of the archipelago, regardless of memorandum of
their breadth and dimensions, form part of agreement allowing Thai fishermen to fish
the internal within the exclusive economic zone of the
waters of the Philippines. Philippines,
because the Constitution reserves to Filipino
Contiguous Zone vs. Exclusive citizens the use and enjoyment of the
Economic Zone (2004) exclusive
(2-a-2) Distinguish: The contiguous zone economic zone of the Philippines.
and the exclusive economic zone.
SUGGESTED ANSWER: CONTIGUOUS Section 2. Article XII of the Constitution
ZONE is a zone contiguous to the territorial provides:
sea and extends up to 12 nautical miles ―The State shall protect the nation's marine
from the territorial sea and over which the part in its archipelagic waters, territorial sea,
coastal state may exercise control and
necessary to prevent infringement of its exclusive economic zone, and reserve its
customs, fiscal, immigration or sanitary laws use and enjoyment to Filipino citizens."
and regulations within its territory or
territorial sea. (Article 33 of the Convention Section 7, Article XIII of the Constitution
on the Law of the Sea.) provides:
"The State shall protect the rights of
The EXCLUSIVE ECONOMIC ZONE is a subsistence fishermen, especially of local
zone extending up to 200 nautical miles communities, to the preferential use of the
from the communal marine and fishing resources,
both inland and offshore. It shall provide
support to such fishermen through
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appropriate technology and research, the baseline from which the territorial sea is
adequate financial, production, and measured. (See Art. 56, UNCLOS)
marketing assistance, and other services. Jurisdiction,
The State shall also protect, inter alia, with regard to:
develop, and conserve such resources. The (1) the establishment and use of artificial
protection shall extend to offshore fishing islands, installations and structures;
grounds (2) marine scientific research; and
of subsistence fishermen against foreign (3) the protection and preservation of the
intrusion. Fishworkers shall receive a just marine environment.
share from their labor in the utilization of
marine and fishing resources. Flag State vs. Flag of Convenience (2004)
(2-a-3) Distinguish: The flag state and the
Exclusive Economic Zone; Rights of the flag of convenience.
Coastal State (Q1-2005) SUGGESTED ANSWER: FLAG STATE
(c) Enumerate the rights of the coastal state means a ship has the nationality of the flag
in the exclusive economic zone. (3%) of the state it flies, but there must be a
genuine link between the state and the ship.
ALTERNATIVE ANSWER: (Article 91 of the Convention on the Law of the
In the EXCLUSIVE ECONOMIC ZONE, the Sea.) FLAG OF CONVENIENCE refers to a state
with which a vessel is registered for various reasons
coastal State has sovereign rights for the
purpose such as low or non-existent taxation or low
of exploring and exploiting, conserving and operating costs although the ship has no
managing the natural resources, whether genuine link with that state. (Harris, Cases and
Materials on International Law, 5th ed., 1998, p.
living or 425.)
non-living, of the waters superjacent to the
seabed and of the seabed and its subsoil, Territory & Government (1996)
and with regard to other activities for the No. 8: A law was passed dividing the
economic exploitation and exploration of the Philippines into three regions (Luzon,
zone, such as the Visayas, and Mindanao), each constituting
production of energy from the water, an independent state except on matters of
currents and winds in an area not extending foreign relations, national defense and
more than 200 national taxation, which are vested in the
nautical miles beyond the baseline from Central government. Is the law valid?
which the territorial sea is measured. Other Explain.
rights include the production of energy from
the water, currents and winds, the SUGGESTED ANSWER:
establishment and use of artificial islands, The law dividing the Philippines into three
installations and structures, marine scientific regions, each constituting an independent
research and the protection and state
preservation of the marine environment. and vesting in a central government matters
(Art. 56, U.N. Convention on the Law of the of foreign relations, national defense, and
Sea) national
taxation, is unconstitutional. First, it violates
ALTERNATIVE ANSWER: Article I, which guarantees the integrity of
SOVEREIGN RIGHTS — for the purpose of the national territory of the Philippines
exploring and exploiting, conserving and because it divided the Philippines into three
managing the natural resources, whether states. Second, it violates Section 1, Article
living or non-living, of the seabed and II of the Constitution, which provides for the
subsoil and the establishment of democratic and republic
superjacent waters, and with regard to other States by replacing it with three States
activities such as the production of energy organized as a confederation.
from Third, it violates Section 22, Article II of the
the water, currents and winds in an area not Constitution, which, while recognizing and
extending more than 200 nautical miles promoting the rights of indigenous cultural
beyond communities, provides for national unity and
development. Fourth, it violates Section 15,
Article X of the Constitution, which, provides
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for autonomous regions in Muslim Mindanao with them. It is also overbroad, because it
and in the Cordilleras within the framework encompasses private property and
of national sovereignty as well as territorial constitutes deprivation of
integrity of the Republic of the Philippines. property without due process of law.
Fifth, it violates the sovereignty of the Ownership of property includes the right to
Republic of the Philippines. use. The prohibition is censorship, which
Territorial Sea vs. Internal Waters (2004) cannot be justified.
(2-a-1) Distinguish: The territorial sea and
the Internal waters of the Philippines. Freedom of Expression; Prior Restraint
SUGGESTED ANSWER: (1988)
TERRITORIAL SEA is an adjacent belt of No. 16: The Secretary of Transportation and
sea with a breadth of 12 nautical miles Communications has warned radio station
measured from the baselines of a state and operators against selling blocked time, on
over which the state has sovereignty. the claim that the time covered thereby are
(Articles 2 and 3 of the Convention on the often used
Law of the Sea.) Ship of all states enjoy the by those buying them to attack the present
right of innocent passage administration. Assume that the department
through the territorial sea. (Article 14 of the implements this warning and orders owners
Convention on the Law of the Sea.) Under and operators of radio stations not to sell
Section 1, Article I of the 1987 Constitution, blocked time to interested parties without
the INTERNAL WATERS of the Philippines prior clearance from the Department of
consist of the waters around, between and Transportation and
connecting the islands of the Philippine Communications. You are approached by an
Archipelago, regardless of their breadth and interested party affected adversely by that
dimensions, including the waters in bays, order of the Secretary of Transportation and
rivers and lakes. No right of innocent Communications. What would you do
passage for foreign vessels exists in the regarding
case of internal waters. (Harris, Cases and that ban on the sale of blocked time?
Materials on Explain your answer.
International Law, 5th ed., 1998, p. 407.)
Internal waters are the waters on the SUGGESTED ANSWER:
landward side of I would challenge its validity in court on the
baselines from which the breadth of the ground that it constitutes a prior restraint on
territorial sea is calculated. (Brownlie, freedom of expression. Such a limitation is
Principles of Public valid only in exceptional cases, such as
International Law, 4th ed., 1990, p. 120.) where the purpose is to prevent actual
obstruction to recruitment of service or the
Freedom of Expression; Censorship sailing dates of transports or the number
(2003) No IX - May the COMELEC and location of troops, or for the purpose of
(COMELEC) prohibit enforcing the primary requirements of
the posting of decals and stickers on decency or the security of community life.
"mobile" places, public or private, such as (Near v. Minnesota, 283 U.S, 697 (1931)).
on a private Attacks on the government, on the other
vehicle, and limit their location only to the hand, cannot justify prior restraints. For as
authorized posting areas that the COMELEC has been pointed out, "the interest of society
itself and the maintenance of good government
fixes? Explain. demand a full discussion of public affairs.
Complete liberty to comment on the conduct
SUGGESTED ANSWER: of public men is a scalpel in the case of free
According to Adiong v. COMELEC. 207 speech. The sharp incision of its probe
SCRA 712 [1992], the prohibition is relieves the abscesses of officialdom. Men
unconstitutional. It in public life may suffer under a hostile and
curtails the freedom of expression of an unjust accusation; the wound can be
individuals who wish to express their assuaged with the balm of a clear
preference for a conscience," (United States v Bustos, 37
candidate by posting decals and stickers on Phil. 741 (1918)). The parties adversely
their cars and to convince others to agree affected may also disregard the regulation
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as being on its face void. As has been held, worship as they please. It is not a mandate
"any system of prior restraints of expression to the state to take positive, affirmative
comes to the court bearing a heavy action to enable the individual to enjoy his
presumption against its constitutional freedom. It would have been different had
validity," and the government "thus carries a the Director of Prisons prohibited meatless
heavy burden of showing justification for the diets in the penal institution.
imposition of such a restraint." (New York
Times Co. v. United States, Freedom of Religion; Flag Salute (2003)
403 U.S. 713 (1971)). The usual No III - Children who are members of a
presumption of validity that inheres in religious sect have been expelled from their
legislation is reversed in the case of laws respective public schools for refusing, on
imposing prior restraint on freedom of account of their religious beliefs, to take part
expression. in the flag ceremony which includes playing
by a band or singing the national anthem,
Freedom of Religion; Convicted saluting the Philippine flag and reciting the
Prisoners patriotic pledge. The students and their
(1989) parents assail the expulsion on the ground
No. 5: "X" is serving his prison sentence in that the school authorities have acted in
Muntinlupa. He belongs to a religious sect violation of their right to free public
that prohibits the eating of meat. He asked education, freedom of speech, and religious
the Director of Prisons that he be served freedom and worship.
with meatless diet. The Director refused and Decide the case.
"X" sued the Director for damages for SUGGESTED ANSWER:
violating his religious freedom. Decide. The students cannot be expelled from
school. As held in Ebralinag v. The Division
SUGGESTED ANSWER: Superintendent of Schools of Cebu. 219
Yes, the Director of Prison is liable under SCRA 256 [1993], to compel students to
Article 32 of the Civil Code for violating the take part in the flag ceremony when it is
religious freedom of "X". According to the against their religious beliefs will violate
decision of the United States Supreme Court their religious freedom. Their expulsion also
in the case of O'Lone vs. Estate of Shabazz, violates the duty of the State under Article
107 S. Ct. 2400, convicted prisoners retain XIV, Section 1 of the Constitution to protect
their right to free exercise of religion. At the and promote the right of all citizens to quality
same time, lawful incarceration brings about education and make such education
necessary limitations of many privileges and accessible to all.
rights justified by the considerations
underlying the penal system. In considering Freedom of Religion; Non-Establishment
the appropriate balance between these two Clause (1988)
factors, reasonableness should be the test. No. 7: - Tawi-Tawi is a predominantly
Accommodation to religious freedom can be Moslem province. The Governor, the Vice-
made if it will not involve sacrificing the Governor, and members of its Sang-guniang
interests of security and it will have no Panlalawigan are all Moslems. Its budget
impact on the allocation of the resources of provides the Governor with a certain amount
the penitentiary. In this case, providing "X" as his discretionary funds. Recently,
with a meatless diet will not create a security however, the Sangguniang Panlalawigan
problem or unduly increase the cost of food passed a resolution appropriating P100,000
being served to the prisoners. In fact, in the as a special discretionary fund of the
case of O' Lone vs. Estate of Shabazz, it Governor to be spent by him in leading
was noted that the Moslem prisoners were a pilgrimage of his provincemates to Mecca,
being given a different meal whenever pork Saudi Arabia, Islam's holiest city.
would be served. Philconsa, on constitutional grounds, has
ALTERNATIVE ANSWER: filed suit to nullify the resolution of the
The suit should be dismissed. The Free Sangguniang Panlalawigan giving the
Exercise Clause of the Constitution is special discretionary fund to the Governor
essentially a restraint on governmental for the stated purpose. How
interference with the right of individuals to would you decide the case? Give your
reasons.
Jom Vibandor
SUGGESTED ANSWER: of religious instructions, to ensure that the

The resolution is unconstitutional First, it financial assistance will not be used for
violates art. VI, sec. 29(2) of the Constitution religious purposes, the government will have
which prohibits the appropriation of public to conduct a continuing surveillance. This
money or property, directly or indirectly, for involves excessive entanglement with
the use, benefit or support of any system of religion. b) If the assistance would be in the
religion, and, second, it contravenes art. VI, form of laboratory equipment in chemistry
sec, 25(6) which limits the appropriation of and physics, it will be valid. The purpose of
discretionary funds only for public purposes. the assistance is secular, i.e., the
The use of discretionary funds for purely improvement of the quality of tertiary
religious purpose is thus unconstitutional, education. Any benefit to religion is merely
and the fact that the disbursement is made incidental. Since the equipment can only
by resolution of a local legislative body and be used for a secular purpose, it is
not by Congress does not make it any less religiously neutral. As held in Tilton vs.
offensive to the Constitution. Above all, the Richardson, 403 U.S. 672, it will not involve
resolution constitutes a clear violation of the excessive government entanglement with
Non-establishment Clause (art. III, sec. 5) of religion, for the use of the equipment will not
the Constitution. require surveillance. c) In general, the giving
of scholarship vouchers to students is valid.
Freedom of Religion; Non-Establishment Section 2(3), Article XIV of the Constitution
Clause (1992) requires the State to establish a system of
No. 10: Recognizing the value of education subsidies to deserving students in both
in making the Philippine labor market public and private schools. However, the law
attractive to foreign investment, the is vague and over-broad. Under it, a student
Department of Education, Culture and who wants to study for the priesthood can
Sports offers subsidies to accredited apply for the subsidy and use it for his
colleges and universities in order to promote studies. This will involve using public funds
quality tertiary education. The DECS grants to aid religion.
a subsidy to a Catholic school which
requires its students to take at least 3 hours
a week of religious instruction. a) Is the Police Power; Zoning Ordinance vs.
subsidy permissible? Explain, b) Presuming Non-Impairment of Contracts (1989)
that you answer in the negative, No. 12: Pedro bought a parcel of land from
would it make a difference if the subsidy Smart Corporation, a realty firm engaged in
were given solely in the form of laboratory developing and selling lots to the public.
equipment in chemistry and physics? c) One of the restrictions in the deed of sale
Presume, on the other hand, that the which was annotated in the title is that the
subsidy is given in the form of scholarship lot shall be used by the buyer exclusively for
vouchers given directly to the student and residential purposes. A main highway having
which the student can use for paying tuition been constructed across the subdivision, the
in any accredited school of his choice, area became commercial in nature. The
whether religious or non-sectarian. Will municipality later passed a zoning ordinance
your answer be different? declaring the area as a commercial bank
SUGGESTED ANSWER: building on his lot. Smart Corporation went
a) No, the subsidy is not permissible. It will to court to stop the construction as violative
foster religion, since the school gives of the building restrictions imposed by it. The
religious instructions to its students. corporation contends that the zoning
Besides, it will violate the prohibition in ordinance cannot nullify the contractual
Section 29[2J, Article VI of the Constitution obligation assumed by the buyer.
against the use of public funds to aid Decide the case.
religion. In Lemon vs Kurtzman. 403 U.S.
602, it was held that financial assistance to a SUGGESTED ANSWER:
school violates the prohibition against the The case must be dismissed. As held in
establishment of religion if it fosters an Ortigas and Company, Limited Partnership
excessive government entanglement with vs. FEATIi Bank and Trust Company, 94
religion. Since the school requires its SCRA 533, such a restriction in the contract
students to take at least three hours a week cannot prevail over the zoning ordinance,
Jom Vibandor
because the enactment of the ordinance is a his admission admissible in evidence? Why?
valid exercise of police power. It is (5%)
hazardous to health and comfort to SUGGESTED ANSWER:
use the lot for residential purposes, since a The tape-recorded conversation is not
highway crosses the subdivision and the admissible in evidence. As held in Salcedo-
area has become commercial. Ortanez vs. Court of Appeals, 235 SCRA
111 (1994). Republic Act No. 4200 makes
Police Power; Zoning Ordinance vs. the tape-recording of a telephone
Non-Impairment of Contracts (2001) conversation done without the authorization
No XVIII In the deeds of sale to, and in the of all the parties to the conversation,
land titles of homeowners of a residential inadmissible in evidence. In addition, the
subdivision in Pasig City, there are taping of the conversation violated the
restrictions annotated therein to the effect guarantee of privacy of communications
that only residential houses or structures enunciated in Section 3, Article III of the
may be built or constructed on the lots. Constitution.
However, the City Council of Pasig enacted
an ordinance amending the existing zoning
ordinance by changing the zone Searches and Seizures; Incidental to
classification in that place from purely Valid
residential to commercial. "A", a lot owner, Search (1990)
sold his lot to a banking firm and the latter No. 9; Some police operatives, acting under
started constructing a commercial building a lawfully issued warrant for the purpose of
on the lot to house a bank inside the searching for firearms in the House of X
subdivision. The subdivision owner and the located at No. 10 Shaw Boulevard, Pasig,
homeowners' association filed a case in Metro Manila, found, instead of firearms, ten
court to stop the construction of the building kilograms of cocaine.
for banking business purposes and to (1) May the said police operatives lawfully
respect the restrictions embodied in the seize the cocaine? Explain your answer.
deed of sale by the subdivision developer to (2) May X successfully challenge the legality
the lot owners, as well as the annotation in of the search on the ground that the peace
the titles. If you were the Judge, how would officers did not inform him about his right to
you resolve the case? (5%) remain silent and his right to counsel?
SUGGESTED ANSWER: Explain your answer.
If I were the judge, I would dismiss the case. (3) Suppose the peace officers were able to
As held in Ortigas and Company Limited find unlicensed firearms in the house in an
Partnership vs. FEATI Bank and Trust adjacent lot, that is. No, 12 Shaw Boulevard,
Company. 94 SCRA 633 (1979), the zoning which is also owned by X. May they lawfully
ordinance is a valid exercise of police power seize the said unlicensed firearms? Explain
and prevails over the contractual stipulation your answer.
restricting the use of the lot to residential SUGGESTED ANSWER:
purposes. (1) Yes, the police operatives may lawfully
seize the cocaine, because it is an item
Privacy of Communication (2001) whose possession is prohibited by law, it
No XII - "A" has a telephone line with an was in plain view and it was only
extension. One day, "A" was talking to "B" inadvertently discovered in the course of a
over the telephone. "A" conspired with his lawful search. The possession of cocaine is
friend "C", who was at the end of the prohibited by Section 8 of the Dangerous
extension line listening to "A's" telephone Drugs Act. As held in Magoncia v. Palacio,
conversation with "B" in order to overhear 80 Phil. 770, an article whose possession
and tape-record the conversation wherein is prohibited by law may be seized without
"B" confidentially admitted that with evident the need of any search warrant if it was
premeditation, he (B) killed "D" for having discovered during a lawful search. The
cheated him in their business partnership. additional requirement laid down in Roan v.
"B" was not aware that the telephone Gonzales, 145 SCRA 687 that the discovery
conversation was being tape-recorded. of the article must have been made
In the criminal case against "B" for murder, inadvertently was also satisfied in this case.
is the tape-recorded conversation containing (2) No, X cannot successfully challenge the
Jom Vibandor
legality of the search simply because the charged in court with Illegal possession of
peace officers did not inform him about his firearms and ammunition as penalized under
right to remain silent and his right to P.D. 1866, as amended by RA. 8294. At the
counsel. Section 12(1), Article III of the 1987 trial, he vehemently objected to the
Constitution provides: "Any person under presentation of the evidence against him for
investigation for the commission of an being inadmissible. Is Mr. Emani Pelet's
offense shall have the right to be informed of contention valid or not? Why? (5%)
his right to remain silent and to have SUGGESTED ANSWER:
competent and independent counsel The contention of Ernani Pelet is valid. As
preferably of his own choice." As held in held in People vs. Court of Appeals,
People v. Dy, 158 SCRA 111. for this 291SCRA 400 (1993), if the place searched
provision to apply, a suspect must be is different from that stated in the search
under investigation. There was no warrant, the evidence seized is inadmissible.
investigation involved in this case. The policeman cannot modify the place to
(3) The unlicensed firearms stored at 12 be searched as set out in the search
Shaw Boulevard may lawfully be seized warrant.
since their possession is illegal. As held in
Magoncia a Palacio, 80 Phil. 770, when an
individual possesses contraband Effects of Philippine Bill of 1902 (2001)
(unlicensed firearms belong to this No I - From mainland China where he was
category), he is committing a crime born of Chinese parents, Mr Nya Tsa Chan
and he can be arrested without a warrant migrated to the Philippines in 1894. As of
and the contraband can be seized. April 11, 1899, he was already a permanent
ALTERNATIVE ANSWER: resident of the Philippine Islands and
In accordance with the rulings in Uy Keytin continued to reside in this country until his
v, Villareal, 42 Phil. 886 and People v. Sy death. During his lifetime and when he was
Juco, 64 Phil. 667, the unlicensed firearms already in the Philippines, Mr. Nya Tsa Chan
found in the house at 12 Shaw Boulevard married Charing, a Filipina, with whom he
may not be lawfully seized, since they were begot one son, Hap Chan, who was born on
not included in the description of the articles October 18. 1897. Hap Chan got married
to be seized by virtue of the search warrant. also to Nimfa, a Filipina, and one of their
The search warrant described the articles to children was Lacqui Chan who was born on
be seized as firearms in the house of X September 27, 1936. Lacqui Chan finished
located at 10 Shaw Boulevard. the course Bachelor of Science in
Commerce and eventually engaged
Searches and Seizures; Place of Search in business. In the May 1989 election,
(2001) Lacqui Chan ran for and was elected
No XI - Armed with a search and seizure Representative (Congressman). His rival
warrant, a team of policemen led by candidate, Ramon Deloria, filed a quo
Inspector Trias entered a compound and warranto or disqualification case against him
searched the house described therein as on the ground that he was not a Filipino
No. 17 Speaker Perez St., Sta. Mesa citizen. It was pointed out in particular, that
Heights, Quezon City, owned by Mr. Lacqui Chan did not elect Philippine
Ernani Pelets, for a reported cache of citizenship upon reaching the age of 21.
firearms and ammunition. However, upon Decide whether Mr. Lacqui Chan suffers
thorough search of the house, the police from a isqualification or not. (5%)
found nothing. Then, acting on a hunch, the
policemen proceeded to a smaller house SUGGESTED ANSWER:
inside the same compound with address at Lacqui Chan is a Filipino citizen and need
No. 17-A Speaker Perez St., entered it, and not elect Philippine citizenship. His father,
conducted a search therein over the Hap Chan, was a Spanish subject, was
objection of Mr. Pelets who happened to be residing in the Philippines on April 11, 1899,
the same owner of the house. There, the and continued to reside in the Philippines. In
police found the unlicensed firearms and accordance with Section 4 of the Philippine
ammunition they were looking for. As a Bill of 1902, he was a Filipino citizen. Hence,
result. Mr. Ernani Pelets was criminally in accordance with Section 1(3} of the 1935
Constitution, Lacqui Chan is a natural born
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Filipino citizen, since his father was a contested by Atty. Juris Castillo, also an
Filipino citizen. aspirant to the position. She claims that Atty.
Emily Go is not a natural-born citizen,
Elected Official (1992) hence, not qualified to be appointed to the
No. 16: Edwin Nicasio, born in the Supreme Court. Is this contention correct?
Philippines of Filipino parents and raised in (5%)
the province of Nueva Ecija, ran for
Governor of his home province. He won and SUGGESTED ANSWER:
he was sworn into office. It was recently The contention is not correct. Under Article
revealed, however, that Nicasio is a IV, Section 1(3) of the 1987 Constitution, it is
naturalized American citizen. a) Does he still provided that those born before January 17,
possess Philippine citizenship? b) If the 1973 of Filipino mothers, who elect
second-placer in the gubernatorial elections Philippine Citizenship upon reaching the age
files a quo warranto suit against Nicasio and of majority are Filipino citizens. Atty. Emily
he is found to be disqualified from office, can Go was born of a Filipino mother in 1945
the second-placer be sworn into office as and elected citizenship upon reaching the
governor? c) If, instead, Nicasio had been age of 21. She is a natural born Filipino
born (of the same set of parents) in the citizen as provided by Article IV, Section 2
United States and he thereby acquired of the Constitution — "x x x those who elect
American citizenship by birth, would your Philippine citizenship in accordance with
answer be different? paragraph (3), Section 1 hereof shall be
deemed natural-born citizens." Hence she is
SUGGESTED ANSWER: qualified to be appointed to the Supreme
a) No, Nicasio no longer possesses Court
Philippine citizenship. As held in Frivaldo vs.
COMELEC, 174 SCRA 245, by becoming a
naturalized American citizen, Nicasio Commission on Appointments (2002)
lost his Philippine citizenship. Under Section No III - Suppose there are 202 members in
1(1) of Commonwealth Act No. 63, the House of Representatives. Of this
Philippine citizenship is lost by naturalization number, 185 belong to the Progressive
in a foreign country, Party of the Philippines or PPP, while 17
b) 2nd placer can’t be sworn to office... belong to the Citizens Party or CP. How
c) If Nicasio was born in the United States, would you answer the following questions
he would still be a citizen of the Philippines, regarding the representation of the House in
since his parents are Filipinos. Under the Commission on Appointments?
Section 1(2), those whose fathers or A. A How many seats would the PPP be
mothers are citizens of the Philippines are entitled to have in the Commission on
citizens of the Philippines. Nicasio would Appointments? Explain your answer fully.
possess dual citizenship, since under (5%)
American Law persons born in the United B. Suppose 15 of the CP representatives,
States are American citizens. As held in while maintaining their party affiliation,
Aznor vs. COMELEC. 185 SCRA 703, a entered into a political alliance with the PPP
person who possesses both Philippine and in order to form the "Rainbow Coalition'' in
American citizenship is still a Filipino and the House. What effect, if any, would this
does not lose his Philippine citizenship have on the right of the CP to have a seat or
unless he renounces it. seats in the Commission on Appointments?
Explain your answer fully. (5%)
Electing Philippine Citizenship (Q8-2006) SUGGESTED ANSWER:
1. Atty. Emily Go, a legitimate daughter of a A. The 185 members of the Progressive
Chinese father and a Filipino mother, was Party of the Philippines represent 91.58 per
born in 1945. At 21, she elected Philippine cent of the 202 members of the House of
citizenship and studied law. She passed the Representatives. In accordance with Article
bar examinations and engaged in private VI, Section 18 of the Constitution, it is
practice for many years. The Judicial and entitled to have ten of the twelve
Bar Council nominated her as a candidate seats in the Commission on Appointments.
for the position of Associate Justice of the
Supreme Court. But her nomination is being
Jom Vibandor
Although the 185 members of Progressive delegated. The law itself must prescribe the
Party of the Philippines represent 10.98 penalty.
seats in the Commission on Appointments,
under the ruling in Guingona v. Gonzales, Delegation of Powers; (Q6-2005)
214 SCRA 789 (1992), a fractional (2) Section 32 of Republic Act No. 4670
membership cannot be rounded off to full (The Magna Carta for Public School
membership because it will result in over- Teachers) reads: Sec. 32. Penal Provision.
representation of that political party — A person who shall willfully interfere with,
and under-representation of the other restrain or coerce any teacher in the
political parties. exercise of his rights guaranteed by this Act
B. The political alliance formed by the 15 or who shall in any other manner commit
members of the Citizens Party with the any act to defeat any of the provisions of
Progressive Party of the Philippines will not this Act shall, upon conviction, be punished
result in the diminution of the number of by a fine of not less than one hundred pesos
seats in the Commission on Appointments to nor more than one thousand pesos, or by
which the Citizens Party is entitled. As held imprisonment, in the discretion of the court.
in Cunanan v. Tan, 5 SCRA 1 (1962), a Is the proviso granting the court the authority
temporary alliance between the members of to impose a penalty or imprisonment in its
one political party and another political party discretion constitutional? Explain briefly.
does not authorize a change in the (4%)
membership of the Commission on SUGGESTED ANSWER:
Appointments, Otherwise, the Commission The proviso is unconstitutional. Section 32
on Appointments will have to be reorganized of R.A. No. 4670 provides for an
as often as votes shift from one side to ndeterminable period of imprisonment, with
another in the House of Representatives. either a minimum nor a maximum duration
having been set by the legislative authority.
Delegation of Powers (2002) The courts are thus given wide latitude of
No XVII. - Suppose that Congress passed a discretion to fix the term of imprisonment,
law creating a Department of Human Habitat without even the benefit of any sufficient
and authorizing the Department Secretary to standard, such that the duration thereof
promulgate implementing rules and may range, in the words of respondent
regulations. Suppose further that the law judge, from one minute to the life span of the
declared that violation of the implementing accused. This cannot be allowed. It vests in
rules and regulations so issued would be the courts a power and a duty essentially
punishable as a crime and authorized the legislative in nature and which, as applied to
Department Secretary to prescribe the this case, does violence to the rules on
penalty for such violation. If the law defines separation of powers as well as the non-
certain acts as violations of the law and delegability of legislative powers. (People
makes them punishable, for example, with v. Judge Dacuycuy, G.R. No. L-45127, May
imprisonment of three (3) years or a fine in 5, 1989)
the amount of P10,000.00, or both such
imprisonment and fine, in the discretion of
the court, can it be provided in the Pardoning Power; Pardon, Conditional
implementing rules and regulations (1997)
promulgated by the Department Secretary No. 16; A while serving imprisonment for
that their violation will also be subject to the estafa. upon recommendation of the Board
same penalties as those provided in the law of Pardons and Parole, was granted pardon
itself? Explain your answer fully. (5%) by the President on condition that he should
SUGGESTED ANSWER: not again violate any penal law of the land.
The rules and regulations promulgated by Later, the Board of Pardons and Parole
the Secretary of Human Habitat cannot recommended to the President the
provide that the penalties for their violation cancellation of the pardon granted him
will be the same as the penalties for the because A had been charged with estafa on
violation of the law. As held in United States 20 counts and was convicted of the offense
v. Barrias, 11 Phil. 327 (1908), the fixing of charged although he took an appeal
the penalty for criminal offenses involves the therefrom which was still pending.
exercise of legislative power and cannot be
Jom Vibandor
As recommended, the President canceled The motion should be denied according to

the pardon he had granted to A. A was thus Soliven us. Makasiar, 167 SCRA 393, the
arrested and imprisoned to serve the immunity of the President from suit is
balance of his sentence in the first case. A personal to the President. It may be invoked
claimed in his petition for habeas corpus by the President only and not by any other
filed in court that his detention was illegal person.
because he had not yet been convicted
by final judgment and was not given a Prohibition Against Multiple Positions &
chance to be heard before he was Additional Compensation (2002)
recommitted to prison. Is A's argument No VI. M is the Secretary of the Department
valid? of Finance. He is also an ex-officio member
SUGGESTED ANSWER: of the Monetary Board of the Bangko Sentral
The argument of A is not valid. As held in ng Pilipinas from which he receives an
Torres vs. Gonzales. 152 SCRA 272 a additional compensation for every Board
judicial pronouncement that a convict who meeting attended. N, a taxpayer, filed a suit
was granted a pardon subject to the in court to declare Secretary M's
condition that he should not again violate membership in the Monetary Board
any penal law is not necessary before he and his receipt of additional compensation
can be declared to have violated the illegal and in violation of the Constitution. N
condition of his pardon. Moreover, a hearing invoked Article VII, Section 13 of the
is not necessary before A can be Constitution which provides that the
recommitted to prison. By accepting the President, Vice-President, the Members of
conditional pardon, A, agreed that the the Cabinet, and their deputies or assistants
determination by the President that he shall not, unless otherwise provided in
violated the condition of his pardon shall the Constitution, hold any other office or
be conclusive upon him and an order for his employment during their tenure. N also cited
arrest should at once issue. Article IX-B, Section 8 of the Constitution,
which provides that no elective or appointive
President; Participation; Legislative public officer or employee shall receive
Process additional, double, or indirect compensation,
(1996) unless specifically authorized by law. If you
No. 7: Can the President take active part in were the judge, how would you decide the
the legislative process? Explain. following:
SUGGESTED ANSWER: a) the issue regarding the holding of multiple
Yes, The President can take active part in positions? (3%) b) the issue on the payment
the legislative process to the extent allowed of additional or double compensation?(2%)
by the Constitution. He can address Explain your answers fully.
Congress at any time to propose the SUGGESTED ANSWER:
enactment of certain laws. (a) If I were the judge, I would uphold the
He recommends the general appropriations validity of the designation of Secretary M as
bill. He can call a special session of ex officio member of the Monetary Board, As
Congress at any time. He can certify to the stated in Liberties Union v. Executive
necessity of the immediate enactment of a Secretary, 194 SCRA 317 (1991), the
bill to meet a public calamity or emergency. prohibition against the holding of
He can veto a bill. multiple positions by Cabinet Members in
Article VII, Section 13 of the Constitution
Presidential Immunity from Suit (1997) does not apply to positions occupied in an
No. 13: Upon complaint of the incumbent ex officio capacity as provided by law and as
President of the Republic, "A" was charged required by the primary functions of their
with libel before the Regional Trial Court. "A" office.
moved to dismiss the information on the (b) If I were the Judge, I would rule that
ground that the Court had no jurisdiction Secretary M cannot receive any additional
over the offense charged because the compensation. As stated in Civil Liberties
President, being immune from suit, should Union v. Executive Secretary, 194 SCRA
also be disqualified from filing a case 317 (1991), a Cabinet Member holding an
against "A" in court. Resolve the motion. ex-officio position has no right to receive
SUGGESTED ANSWER: additional compensation, for his services in
Jom Vibandor
that position are already paid for by the citizenship by birth, would your answer be
compensation attached to his principal different?
office. SUGGESTED ANSWER:
a) No, Nicasio no longer possesses
Philippine citizenship. ...
2nd Placer Rule (1990) b) In accordance with the ruling in Abella us.
No. 7: A filed a protest with the House COMELEC, 201 SCRA 253, the second
Electoral Tribunal questioning the election of placer cannot be sworn to office, because
B as Member of the House of he lost the election. To be entitled to the
Representatives in the 1987 national office, he must have garnered the majority
elections on the ground that B is not a or plurality of the votes.
resident of the district the latter is c) Yes because he will be a dual citizen ...
representing. While the case was pending. B
accepted an ad-interim appointment as 2nd Placer Rule; Rule of Succession
Secretary of the Department of Justice. (1996)
(1) May A continue with his election protest No. 13: 1) A and B were the only candidates
in order to determine the real winner in the for mayor of Bigaa, Bulacan in the May 1995
said elections? State your reason. local elections. A obtained 10,000 votes as
(2) Can A, who got the second highest against 3,000 votes for B. In the same
number of votes in the elections, ask that he elections, X got the highest number of votes
be proclaimed elected in place of B? Explain among the candidates for the Sangguniang
your answer. Bayan of the same town. A died the day
SUGGESTED ANSWER: before his proclamation.
(1) No, A may not continue with his protest. a) Who should the Board of Canvassers
.... proclaim as elected mayor, A, B or X?
(2) No, A cannot ask that he be proclaimed Explain,
elected in place of B. The votes cast for B b) Who is entitled to discharge the functions
were not invalid votes. Hence, A garnered of the office of the mayor, B or X? Explain.
only the second highest number of votes. SUGGESTED ANSWER:
Only the candidate who obtained the In accordance with Benito vs. COMELEC,
majority or plurality of the votes is entitled to 235 SCRA 436, it is A who should be
be proclaimed elected. On this ground, it proclaimed as winner, because he was the
was held in Labo v. COMELEC, 176 SCRA one who obtained the highest number of
1, that the fact that the candidate who votes for the position of mayor, but a
obtained the highest number of votes is not notation should be made that he died for the
eligible does not entitle the candidate who purpose of applying the rule on succession
obtained the second highest number of to office. B cannot be proclaimed, because
votes to be proclaimed the winner. the death of the candidate who obtained
the highest number of votes does not entitle
2nd Placer Rule; in Quo Warranto Cases the candidate who obtained the next highest
(1992) number of votes to be proclaimed the
No. 16: Edwin Nicasio, born in the winner, since he was not the choice of the
Philippines of Filipino parents and raised in electorate. X is not entitled to be proclaimed
the province of Nueva Ecija, ran for elected as mayor, because he ran for the
Governor of his home province. He won and Sangguniang Bayan. Neither B nor X is
he was sworn into office. It was recently entitled to discharge the functions of the
revealed, however, that Nicasio is a office of mayor. B is not entitled to discharge
naturalized American citizen. a) Does he still the office of mayor, since he was defeated in
possess Philippine citizenship? the election. X is not entitled to discharge
b) If the second-placer in the gubematorial the office of mayor. Under Section 44 of
elections files a quo warranto suit against the Local Government Code, it is the vice
Nicasio and he is found to be disqualified mayor who should succeed in case of
from office, can the second-placer be sworn permanent vacancy in the office of the
into office as governor? mayor. It is only when the position of the
c) If, instead, Nicasio had been born (of the vice mayor is also vacant that the member
same set of parents) in the United States of the Sangguniang Bayan who obtained the
and he thereby acquired American
Jom Vibandor
highest number of votes will succeed to the Vacancy; SB; Rule on Succession (2002)
office of mayor. No XV. A vacancy occurred in the
sangguniang bayan of a municipality when
X, a member, died. X did not belong to any
Vacancy; Rule of Succession (1995) political party. To fill up the vacancy, the
No. 7: The Vice Mayor of a municipality filed provincial governor appointed A upon the
his certificate of candidacy for the same recommendation of the sangguniang
office in the last elections. The Municipal panlalawigan. On the other hand, for the
Mayor was also running for re-election. Both same vacancy, the municipal mayor
were official candidates of the same political appointed B upon the recommendation of
party. After the last day for the filing of the sangguniang bayan. Which of these
certificates of candidacy, the Mayor died. appointments is valid? (5%)
Under these facts - SUGGESTED ANSWER:
a) Can the Vice Mayor succeed to the office As held in Farinas v. Barba, 256 SCRA 396
of Mayor pursuant to the provisions of the (1996), neither of the appointments is valid.
Local Government Code? Explain. Under Section 45 of the Local Government
b) Assuming that the Vice Mayor succeeds Code, in case of a permanent vacancy in the
to the position of Mayor after the incumbent Sangguniang Bayan created by the
died, which position is now different from the cessation in office of a member who does
one for which he has filed his certificate of not belong to any political party, the
candidacy, can he still continue to run as Governor shall appoint a qualified person
Vice Mayor? Explain. recommended by the Sangguniang Bayan.
c) Is there any legal impediment to the Vice Since A was not recommended by the
Mayor to replace the re-electionist Mayor Sangguniang Bayan, his appointment by the
who died? Explain, Governor is not valid. Since B was not
SUGGESTED ANSWER: Yes, appointed by the Governor but by the
the vice mayor can succeed to the office of Municipal Mayor, his appointment is
mayor. Under Section 44 of the Local also not valid.
Government Code, he stands next in line to
the office of mayor in case of a permanent Franchise; prior approval of LGU
vacancy in it. His filing of a Certificate of necessary
Candidacy for Mayor did not automatically (1988)
result to his being considered resigned (Sec. No. 9: Macabebe, Pampanga has several
67, Omnibus Election Code). barrios along the Pampanga river. To
service the needs of their residents the
Yes, the vice mayor can continue to run as municipality has been operating a ferry
vice mayor. At the time that he filed his service at the same river, for a number of
certificate of candidacy, the vice mayor ran years already. Sometime in 1987, the
for the same office he was holding. In municipality was served a copy of an order
determining whether a candidate is running from the Land Tansportation Franchising
for a position other than the one he is and Regulatory Board (LTFRB), granting a
holding in a permanent capacity and certificate of public convenience to Mr.
should be considered resigned, it is the Ricardo Macapinlac, a resident of
office he was holding at the time he filed his Macabebe, to operate ferry service across
certificate of candidacy should be the same river and between the same
considered. There is no legal impediment to barrios being serviced presently by the
the vice mayor running as mayor to municipality's ferry boats. A check of the
replace the vice mayor who died under records of the application of Macapinlac
Section 77 of the Omnibus Election Code, if shows that the application was filed some
a candidate dies after the last day for filing months before, set for hearing, and notices
certificates of candidacy, he may be of such hearing were published in two
replaced by a person belonging to his newspapers of general circulation in the
political party. However, it is required that he town of Macabebe, and in the province of
should first withdraw his Certificate of Pampanga. The municipality had never
Candidacy for Vice-Mayor and file a new been directly served a copy of that notice of
Certificate of Candidacy for Mayor. hearing nor had the Sangguniang Bayan
been requested by Macapinlac for any
Jom Vibandor
operate. The municipality immediately filed a No. 9: Due to over-crowding in the public
motion for reconsideration with the LTFRB market in Paco, Manila, the City Council
which was denied. It the went to the passed an ordinance allowing the lease to
Supreme Court on a petition for certiorari to vendors of parts of the streets where the
nullify the order granting a certificate public market is located, provided that the
of public convenience to Macapinlac on two lessees pay to the city government a fee of
grounds: P50 per square meter of the area occupied
(1) Denial of due process to the municipality; by the lessees. The residents in the area
and complained to the Mayor that the lease
(2) For failure of Macapinlac to secure of the public streets would cause serious
approval of traffic problems to them. The Mayor
the Sangguniang Bayan for him to operate a cancelled the lease and ordered the removal
ferry service in Macabebe, of the stalls constructed on the streets. Was
Resolve the two points in the petition with the act of the Mayor legal?
reasons. SUGGESTED ANSWER:
The cancellation of the lease and the
SUGGESTED ANSWER: removal of the stalls are valid. As held in
The petition for certiorari should be granted, Macasiano vs. Diokno, 212 SCRA 464, the
1. As a party directly affected by the lease of public streets is void, since they are
operation of the ferry service, the reserved for public use and are outside the
Municipality of Macabebe, Pampanga was commerce of man.
entitled to be directly notified by the LTFRB
.... Ordinance; Validity; Closure or Lease of
2. It has been held that where a ferry Properties for Public Use (2003)
operation lies entirely within the municipality, No XI - An aggrieved resident of the City of
the prior approval of the Municipal Manila filed mandamus proceedings against
government is necessary. Once approved, the city mayor and the city engineer to
the operator must then apply with the compel these officials to remove the market
LTFRB for a certificate of public stalls from certain city streets which they
convenience and shall be subject to had designated as flea markets. Portions of
LTFRB supervision, (Municipality of the said city streets were leased or licensed
Echague v. Abellera, supra). by the respondent officials to market
stallholders by virtue of a city ordinance.
Law fixing the terms of local elective Decide the dispute.
officials FIRST ALTERNATIVE ANSWER:
(Q4-2006) The petition should be granted. In
State whether or not the law is accordance with Macasiano v. Diokno. 212
constitutional. SCRA 464 [1992], since public streets are
Explain briefly. properties for public use and are outside the
3. A law fixing the terms of local elective commerce of man, the City Mayor and the
officials, other than barangay officials, to 6 City Engineer cannot lease or license
years. (2%) portions of the city streets to market
SUGGESTED ANSWER: stallholders.
The law is invalid. Under Article X, Section 8 SECOND ALTERNATIVE ANSWER:
of the 1987 Constitution, "the term of office The petition should be denied. Under
of elective local officials, except barangay Section 21(d)of the Local Government
officials, which shall be determined by law, Code, a city may by ordinance temporarily
shall be three years and no such official close a street so that a flea market may be
shall serve for more than three consecutive established.
terms." The law clearly goes against the
aforesaid constitutional requirement of three
year terms for local officials except for Discipline; Effect of Pardon Granted in
barangay officials. Favor
of Public Officers (1999)
Ordinance; Use & Lease of Properties; No IV - C. A City Assistant Treasurer was
Public convicted of Estafa through falsification of
Use (1997) public document. While serving sentence,
Jom Vibandor
he was granted absolute pardon by the during the pendency of the investigation. As
President. held in Gloria vs. Court of Appeals, 306
1 Assuming that the position of Assistant SCRA 287 (1997), under Section 52 of the
City Treasurer has remained vacant, would Civil Service Law, the provision for payment
he be entitled to a reinstatement without the of salaries during the period of preventive
need of a new appointment? Explain. (2%) suspension during the pendency of the
2 If later the same position becomes vacant, investigation has been deleted. The
could he reapply and be reappointed? preventive suspension was not a penalty. Its
Explain. (2%) imposition was lawful, since it was
authorized by law.
SUGGESTED ANSWER: b) If the penalty was modified because
C. 1.) As held in Monsanto v. Factoran, 170 Alfonso Beit was exonerated of the charge
SCRA 190, pardon merely frees the that was the basis for the decision ordering
individual from all the penalties and legal his dismissal, he is entitled to back wages,
disabilities imposed upon him because of his otherwise, this would be tantamount to
conviction. It does not restore him to the punishing him after exoneration from the
public office relinquished by reason of the charge which caused his dismissal.
conviction. [Gloria vs. Court of Appeals, 3O6 SCRA 287
FIRST ALTERNATIVE ANSWER: (1997)]. If he was reprimanded for the same
2.) The Assistant City Treasurer can reapply charge which was the basis of the decision
and be appointed to the position, since the ordering his dismissal, Alfonso Belt is not
pardon removed the disqualification to hold entitled to back wages, because he was
public office. found guilty, and the penalty was merely
SECOND ALTERNATIVE ANSWER: commuted. (Dela Cruz vs. Court of Appeals,
2.) The Assistant City Treasurer cannot 305 SCRA 303 (1998)].
reapply and be appointed to the position,
Under Article 36 of the Revised Penal Code, Discipline; Preventive Suspension (1990)
a pardon does not restore the right to hold No. 6: In 1986, F, then the officer-in-charge
public office unless such right be expressly of Botolan, Zambales, was accused of
restored by the pardon; having violated the Anti-Graft and Corrupt
Practices Act before the Sandiganbayan.
Discipline; Preventive Suspension & Before he could be arrainged, he was
Appeal; entitlement to salary pendente elected Governor of Zambales, After his
(2001) arraignment, he was put under preventive
No XV - Alfonso Beit, a supply officer in the suspension by the Sandiganbayan "for the
Department of Science and Technology duration of the trial".
(DOST), was charged administratively. (1) Can F successfully challenge the legality
Pending investigation, he was preventively of his preventive suspension on the ground
suspended for 90 days. The DOST that the criminal case against him involved
Secretary found him guilty and meted him acts committed during his term as officer-in-
the penalty of removal from office. charge and not during his term as
He appealed to the Civil Service Governor?
Commission (CSC). In the meantime, the (2) Can F validly object to the aforestated
decision was executed pending appeal. The duration of his suspension?
CSC rendered a decision which modified the
appealed decision by imposing only a SUGGESTED ANSWER:
penalty of reprimand, and which (1) No, F cannot successfully challenge the
decision became final. legality of his preventive suspension on the
a) Can Alfonso Belt claim salary for the ground that the criminal case against him
period that his case was pending involve acts committed during his term as
investigation? Why? (3%) OIC and not during his term as governor
b) Can he claim salary for the period that his because suspension from office under
case was pending appeal? Why? (2%) Republic Act 3019 refers to any office that
the respondent is presently holding and not
SUGGESTED ANSWER; necessarily to the one which he hold when
a) Alfonso Beit cannot claim any salary for he committed the crime with which he is
the period of his preventive suspension
Jom Vibandor
charged. This was the ruling in Deloso v. No 11; In June 1978 spouses Joel and
Sandiganbayan 173 SCRA 409. Michelle purchased a parcel of land. Lot No.
(2) Yes, F can validly object to the duration 143, Cadastral Survey No. 38-D, with an
of the suspension. In Deloso u. area of 600 square meters for their
Sandiganbayan, 173 SCRA 409, it was held residence in Cainta, Rizal, from Cecille who
that the imposition of preventive suspension by herself and her predecessor-in-interest
for an indefinite period of time is had been in open, public, peaceful,
unreasonable and violates the right of the continuous and exclusive possession of
accused to due process. The people who the property under a bona fide claim of
elected the governor to office would be ownership long before 12 June 1945. At the
deprived of his services for an indefinite time of purchase, the spouses Joel and
period, and his right to hold office would be Michelle were then natural born Filipino
nullified. Moreover, since under Section 42 citizens. In February 1987 the spouses filed
of the Civil Service Decree the duration of an application for registration of their title
preventive suspension should be limited to before the proper court. This time however
ninety (90) days, equal protection demands Joel and Michelle were no longer Filipino
that the duration of preventive suspension citizens. The government opposed their
under the Anti-Graft and Corrupt Practices application for registration alleging that they
Act he also limited to ninety (90) days. have not acquired proprietary rights over the
subject lot because of their subsequent
acquisition of Canadian citizenship, and that
Acquisition of Lands; Citizenship issue unregistered lands are presumed to be
(1994) public lands under the principle that lands of
No. 17: A and B leased their residential land whatever classification belong to the State
consisting of one thousand (1,000) square under the Regalian doctrine, hence, they still
meters to Peter Co, a Chinese citizen, for a pertain to the State. How will you resolve the
period of fifty (50) years. In 1992, before the issues raised by the applicants and the
term of the lease expired. Co asked A and B oppositor? Discuss fully.
to convey the land to him as the contract
gave him the option to purchase said land if ANSWER:
he became a naturalized Filipino citizen. Co The argument of the government that
took his oath as a Filipino citizen in 1991. unregistered lands are presumed to be
1) Was the contract of lease for a period of public lands is utterly unmeritorious. As held
fifty (50) years valid considering that the in Republic vs. Court of Appeals. 235 SCRA
lessee was an alien? 562, in accordance with Section 48 of the
2) What is the effect of the naturalization of Public Land Act, since the predecessors-in-
Peter Co as a Filipino citizen on the validity interest of Joel and Michelle had been in
of the option to purchase given him? open, public, peaceful, continuous and
ANSWER: exclusive possession of the land under a
1) As held in Philippine Banking Corporation bona fide claim of ownership long before
vs. Lui She. 21 SCRA 52, the lease of a June 12. 1945, their predecessors- in-
parcel of land with an option to buy to an interest had acquired the land, because they
alien is a virtual transfer of ownership to the were conclusively presumed to have
alien and falls within the scope of the performed all conditions essential to a
prohibition in Section 7, Article XII of the government grant. The land ceased to be a
Constitution against the acquisition of part of the public domain. It is alienable and
private lands by aliens. disposable land. Joel and Michelle acquired
2) Because of the naturalization of Peter Co the rights of their predecessors-in-interest by
as a Filipino citizen, he can exercise the virtue of the sale to them. Joel and Michelle
option to purchase the land. In accordance can have the land registered in their names.
with the ruling in Yap vs. Grageda, 121 They were natural-born Filipino citizens at
SCRA 244. since he is qualified to own land, the time of their acquisition of the land.
the policy to preserve lands for Filipinos will In any event they were Filipino citizens at
be achieved. the time of their acquisition of the land. Their
becoming Canadian citizens subsequently is
Acquisition of Lands; Citizenship issue immaterial. Article XII, Sec. 8 of the 1987
(1995)
Jom Vibandor
Constitution presupposes that they According to Manila Prince Hotel v.

purchased the land after they lost Filipino Government Service Insurance System, 267
citizenship. It does not apply in this case at SCRA 408, the national patrimony refers not
all. only to our natural resources but also to our
cultural heritage.
Nationalized Activities (1994)
National Economy & Patrimony; 1) Give a business activity the equity of
Constitutional which must be owned by Filipino citizens:
Prohibition (2004) (8-b) B. EAP is a a) at least 60%
government corporation created for the b) at least 70%
purpose of reclaiming lands including c) 100%
foreshore and submerged areas, as 2) Give two cases in which aliens may be
well as to develop, improve, acquire, lease allowed to acquire equity in a business
and sell any and all kinds of lands. A law activity but cannot participate in the
was passed transferring title to EAP of lands management thereof?
already reclaimed in the foreshore and
offshore areas of MM Bay, particularly the SUGGESTED ANSWER:
so-called Liberty Islands, as alienable 1) a) At least sixty per cent (60%) of the
and disposable lands of the public domain. equity of the entities engaged in the
Titles were duly issued in EAP's name. following business must be owned by
Subsequently, EAP entered into a joint Filipino citizens under the Constitution.
venture agreement (JVA) with ARI, a private 1 Co-production, Joint venture, or
foreign corporation, to develop Liberty production-sharing agreement with the
Islands. Additionally, the JVA provided for State for the exploration, development,
the reclamation of 250 hectares of and utilization of natural resources
submerged land in the area surrounding (Section 2, Article XII)
Liberty Islands. EAP agreed to sell 2 Operation of a public utility
and transfer to ARI a portion of Liberty (Section 11, Article XII)
Islands and a portion of the area to be 3 Education (Section 4(2), Article
reclaimed as the consideration for ARI's role XIV)
and participation in the joint venture, upon
approval by the Office of the President. Is b) At least seventy percent (70%) of the
there any constitutional obstacle to the sale equity of business entities engaged in
and transfer by EAP to ARI of both portions advertising must be owned by Filipino
as provided for in the JVA? (5%) citizens under the Constitution.
(Section 11(2), Article XVI)
SUGGESTED ANSWER:
B. ARI cannot acquire a portion of Liberty c) Mass media must be wholly owned by
Islands because, although EAP has title to Filipino citizens under the Constitution
Liberty Islands and thus such lands are (Section 11(1), Article XVI).
alienable and disposable land, they cannot
be sold, only leased, to private corporations. 2) Under the Constitution, aliens may
The portion of the area to be reclaimed acquire equity but cannot participate in the
cannot be sold and transferred to ARI management of business entities engaged
because the seabed is inalienable land of in the following activities:
the public domain. (Section 3, Article XII of 1) Public utilities (Section 11, Article
the 1987 Constitution; Chavez v. Public XII)
Estates Authority, 384 SCRA 152 [2002]). 2) Education (Section 4(2) .Article XIV)
3) Advertising (Section 11(2), Article
National Patrimony; definition (1999) XVI)
No XII - What is meant by National
Patrimony?
Explain the concept of National Patrimony?
(2%) Ownership Requirement of Mass Media
(1989)
SUGGESTED ANSWER: No. 11: (1) A domestic corporation with 30%
foreign equity proposes to publish a weekly
Jom Vibandor
magazine for general circulation in Metro resources shall be under the full control and
Manila which will feature the lifestyles of the supervision of the State. It is also provided
rich and the famous. May this be done? Cite that the State may directly undertake such
the constitutional provision in point. activities or it may enter into co-production,
joint venture or sharing agreements with
SUGGESTED ANSWER: Filipino citizens or corporations or
(1) No, the corporation cannot publish a associations, at least 60% Filipino-owned.
weekly magazine since it is engaged in the Furthermore, the President may enter into
operation of a mass media and is not wholly agreements with foreign-owned corporations
owned by Philippine citizens. Section 11(1), involving technical or financial assistance for
Article XVI of the 1987 Constitution large-scale exploration, development, and
provides; "The ownership and management utilization of minerals, petroleum and other
of mass media shall be limited to citizens of mineral oils, according to terms and
the Philippines, or to corporations, conditions provided by law. A state
cooperatives or associations, wholly-owned corporation, unlike a private corporation,
and managed by such citizens." may be created by special law and placed
under the control of the President, subject to
Chinese citizens; engaging in retail trade such conditions as the creating statute may
(Q4-2006) provide.
State whether or not the following laws are
constitutional. Explain briefly.
4. A law prohibiting Chinese citizens from Education; Flag Salute (1987)
engaging in retail trade. (2%) No. XIII: The requirement that school
children participate in flag ceremonies has
SUGGESTED ANSWER: been the subject of controversy. On the one
The law is invalid as it singles out and hand it is the view that the requirement
deprives Chinese citizens from engaging in violates religious freedom; on the other is
retail trade. In Ichong v. Hernandez, G.R. the Supreme Court decision that because of
No. L-7995, May 31,1957, the court held relevant provisions of the 1935 Constitution
that the Treaty of Amity between the the flag salute may be validly required.
Republic of the Philippines and the Republic Which of the above finds support on 1987
of China guarantees equality of treatment to Constitution, Cite at least two provisions to
the Chinese nationals "upon the same terms prove your point.
as the nationals of any other country." Thus,
the court ruled therein that the nationals of SUGGESTED ANSWER:
China are not discriminated against because The view that flag salute may validly be
nationals of all other countries, except those required finds support in the following
of the United States, who are granted provisions of the 1987 Constitution:
special rights by the Constitution, are all (a) Art, XIV, Sec. 3(2), which provides that
prohibited from engaging in the retail trade. all educational institutions shall inculcate in
In the case at bar, the law discriminates only students, among other civil virtues,
against Chinese citizens and thus violates patriotism and nationalism and teach them
the equal protection clause. the rights and duties of citizenship. Thus
considerably broadening the aims of schools
Exploration, development, and utilization is originally stated in the 1935 Constitution
of natural resources (Q4-2006) which the Supreme Court relied upon
State whether or not the law is for its decision in Gerona v. Secretary of
constitutional. Education, 106 Phil. 2 (1959), upholding the
Explain briefly. flag salute in the Philippines. The 1935
5. A law creating a state corporation to Constitution simply mentioned the
exploit, develop, and utilize compressed development of civic conscience and the
natural gas. (2%) teaching of the duties of citizenship.
(b) Art II, Sec, 13 mandates the State to
SUGGESTED ANSWER: "inculcate in the youth patriotism and
The law is valid as under Article XII, Section nationalism," while Sec. 17 requires the
2 of the 1987 Constitution, the exploration, State to give priority to education, among
development, and utilization of natural
Jom Vibandor
other concerns, "to foster patriotism and facilities. As the Judge, decide the case.
nationalism." Explain.
SUGGESTED ANSWER:
Education; Right to Choose Profession 1) As a judge, I shall dismiss the case. What
(2000) Section 25, Article XVII of the Constitution
No IV. Undaunted by his three failures in the prohibits in the absence of a treaty is the
National Medical Admission Test (NMAT), stationing of troops and facilities of foreign
Cruz applied to take it again but he was countries in the Philippines. It does not
refused because of an order of the include the temporary presence in the
Department of Education, Culture and Philippines of foreign troops for the purpose
Sports (DECS) disallowing flunkers from of a combined military exercise. Besides, the
taking the test a fourth time. Cruz filed suit holding of the combined military exercise is
assailing this rule raising the constitutional connected with defense, which is a
grounds of accessible quality education, sovereign function. In accordance with the
academic freedom and equal protection. ruling in Baer vs. Tizon, 57 SCRA 1, the
The government opposes this, upholding the filing of an action interfering with the
constitutionality of the rule on the ground of defense of the State amounts to a suit
exercise of police power. Decide the case against the State without its consent.
discussing the grounds raised. (5%)
Transitory Provisions; Foreign Military
SUGGESTED ANSWER: Bases
As held in Department of Education, Culture (1988)
and Sports v. San Diego,180 SCRA 533 No. 22: The Secretary of Justice had
(1989), the rule is a valid exercise of police recently ruled that the President may
power to ensure that those admitted to the negotiate for a modification or extension of
medical profession are qualified. The military bases agreement with the
arguments of Cruz are not meritorious. The United States regardless of the "no nukes"
right to quality education and academic provisions in the 1987 Constitution. The
freedom are not absolute. Under Section President forthwith announced that she finds
5(3), Article XIV of the Constitution, the the same opinion "acceptable" and will
right to choose a profession is subject to fair, adopt it. The Senators on the other hand,
reasonable and equitable admission and led by the Senate President, are
academic requirements. The rule does not skeptical, and had even warned that no
violate equal protection. There is a treaty or international agreement may go
substantial distinction between medical into effect without the concurrence of two-
students and other students. Unlike other thirds of all members of the Senate.
professions, the medical profession A former senator had said, "it is completely
directly affects the lives of the people. wrong, if not erroneous," and "is an
amendment of the Constitution by
misinterpretation." Some members
of the Lower House agree with Secretary
ARTICLE XVIII Transitory Ordonez, while others lament the latter's
opinion as "questionable, unfortunate, and
Provisions Transitory Provisions; without any basis at all."
Foreign Do you or do you not agree with the
Military Bases (1996) aforementioned ruling of the Department of
No. 4 - 1) Under the executive agreement Justice? Why?
entered into between the Philippines and
the other members of the ASEAN, the other SUGGESTED ANSWER:
members will each send a battalion-size unit No. The Constitution provides that if foreign
of their respective armed forces to conduct a military bases, troops or facilities are to be
combined military exercise in the Subic Bay allowed after the expiration of the present
Area. A group of concerned citizens sought Philippine-American Military Bases
to enjoin the entry of foreign troops as Agreement in 1991, it must be "under a
violative of the 1987 Constitution treaty duly concurred in by the Senate and,
that prohibited the stationing of foreign when the Congress so requires, ratified by a
troops and the use by them, of local majority of the votes cast by
Jom Vibandor
the people in a national referendum." (Art. behalf of the sending State the purposes of
XVIII, sec. 25) A mere agreement, therefore, the mission;"
not a treaty, without the concurrence of at The action against the Ambassador is a real
least 2/3 of all the members of the Senate action involving private immovable property
will not be valid (Art. VII, sec. 21, Art. XVIII, situated within the territory of the Philippines
sec. 4). With respect to the provision as the receiving state. The action falls within
allowing nuclear weapons within the bases, the exception to the grant of immunity from
the Constitution appears to ban such the civil and administrative jurisdiction of the
weapons from the Philippine territory. It Philippines.
declares as a state policy that "the
Philippines, consistent with the national
interest, adopts and pursues a policy of ALTERNATIVE ANSWER;
freedom from nuclear weapons in its No, the action will not prosper. Although the
territory." (Art, II, sec. 8) However, the action is a real action relating to private
deliberations of the Constitutional immovable property within the territory of the
Commission would seem to indicate that this Philippines, nonetheless, the vacation house
provision of the Constitution is "not may be considered property held by the
something absolute nor 100 percent without Ambassador In behalf of his state (the
exception." It may therefore be that Kingdom of Nepal) for the purposes of the
circumstances may justify a provision on mission and, therefore, such is beyond the
nuclear weapons. civil and administrative jurisdiction of the
Philippines, including its courts,
SUGGESTED ANSWER:
Diplomatic Immunity; Ambassadors (2) No, E cannot ask for the attachment of
(1990) the personal properties of the Ambassador.
No. 5: D, the Ambassador of the Kingdom of Arts. 30 and 31 of the Vienna Convention on
Nepal to the Philippines, leased a house in Diplomatic Relations provides that the
Baguio City as his personal vacation home. papers, correspondence and the property of
On account of military disturbance in Nepal, diplomat agents shall be inviolable.
D did not receive his salary and allowances Therefore, a writ of attachment cannot
from his government and so he failed to pay be issued against his furniture and any
his rentals for more than one year. E, the personal properties. Moreover, on the
lessor, filed an action for recovery of his assumption that the Kingdom of Nepal
property with the Regional Trial Court of grants similar protection to Philippine
Baguio City. diplomatic agents. Section 4 of Republic
(1) Can the action against D prosper? Act No. 75 provides that any writ or process
(2) Can E ask for the attachment of the issued by any court in the Philippines for the
furniture and other personal properties of D attachment of the goods or chattels of the
after getting hold of evidence that D is about ambassador of a foreign State to the
to leave the country? Philippines shall be void.
(3} Can E ask for the court to stop D's
departure from the Philippines? SUGGESTED ANSWER:
(3) No, E cannot ask the court to stop the
SUGGESTED ANSWER: departure of the Ambassador of the
(1) Yes, the action can prosper. Article 31 of Kingdom of Nepal from the Philippines.
the Vienna Convention on Diplomatic Article 29 of the Vienna Convention on
Relations provides: Diplomatic Relations provides: "The person
"1. A diplomatic agent shall enjoy immunity of a diplomatic agent shall be inviolable. He
from the criminal jurisdiction of the receiving shall not be liable to any form of
State. He shall also enjoy immunity from its arrest or detention."
civil and administrative jurisdiction, except in
the case of: Diplomatic Immunity; Coverage (Q3-
(a) A real action relating to private 2005)
immovable property situated in the territory (2) Adams and Baker are American citizens
of the receiving State, unless he holds it on residing in the Philippines. Adams
befriended Baker and became a frequent
Jom Vibandor
visitor at his house. One day, Adams arrived personage, but acting in his official capacity,
with 30 members of the Philippine National the complaint could be barred by the
Police, armed with a Search Warrant immunity of the foreign sovereign from suit
authorizing the search of Baker's house without its consent. Adams may not be a
and its premises for dangerous drugs being diplomatic agent but the Philippine
trafficked to the United States of America. government has given its imprimatur, if not
The search purportedly yielded positive consent, to the activities within Philippine
results, and Baker was charged with territory of Adams and thus he is entitled to
Violation of the Dangerous Drugs Act. the defense of state immunity from suit.
Adams was the prosecution's principal (Minucher v. CA, G.R. No. 142396,
witness. However, for failure to prove his February 11, 2003)
guilt beyond reasonable doubt, Baker was
acquitted. Baker then sued Adams for
damages for filing trumped-up charges
against him. Among the defenses raised by Extradition; Grounds (2002)
Adams is that he has diplomatic immunity, No XVIII. John is a former President of the
conformably with the Vienna Convention on Republic X, bent on regaining power which
Diplomatic Relations. He presented he lost to President Harry in an election.
Diplomatic Notes from the American Fully convinced that he was cheated, he set
Embassy stating that he is an agent of the out to destabilize the government of
United States Drug Enforcement Agency President Harry by means of a series of
tasked with "conducting surveillance protest actions. His plan was to weaken the
operations" on suspected drug dealers in government and, when the situation became
the Philippines believed to be the source of ripe for a take-over, to assassinate
prohibited drugs being shipped to the U.S. It President Harry. William, on the other hand,
was also stated that after having ascertained is a believer in human rights and a former
the target, Adams would then inform the follower of President Harry. Noting the
Philippine narcotic agents to make the systematic acts of harassment committed by
actual arrest. (5%) government agents against farmers
a) As counsel of plaintiff Baker, argue protesting the seizure of their lands, laborers
why his complaint should not be dismissed complaining of low wages, and students
on the ground of defendant Adams' seeking free tuition, William organized
diplomatic immunity from suit. groups which held peaceful rallies in front of
SUGGESTED ANSWER. the Presidential Palace to express their
As counsel for Baker, I would argue that grievances. On the eve of the assassination
Adams is not a diplomatic agent considering attempt, John's men were caught by
that he is not a head of mission nor is he members of the Presidential Security Group.
part of the diplomatic staff that is accorded President Harry went on air threatening to
diplomatic rank. Thus, the suit should not be prosecute plotters and dissidents of
dismissed as Adams has no diplomatic his administration. The next day, the
immunity under the 1961 Vienna Convention government charged John with
on Diplomatic Relations. assassination attempt and William with
b) As counsel of defendant Adams, argue inciting to sedition. John fled to Republic A.
for the dismissal of the complaint. William, who was in Republic B attending a
SUGGESTED ANSWER As counsel for lecture on democracywas advised by his
Adams, I would argue that he worked for the friends to stay in Republic B. Both Republic
United States Drug Enforcement Agency A and Republic B have conventional
and extradition treaties with Republic X.
was tasked to conduct surveillance of If Republic X requests the extradition of
suspected drug activities within the country John and William, can Republic A deny the
with the approval of the Philippine request? Why? State your reason fully. (5%)
government.
Under the doctrine of State Immunity from SUGGESTED ANSWER:
Suit, if the acts giving rise to a suit are those Republic A can refuse to extradite John,
of because his offense is a political offense.
a foreign government done by its foreign John was plotting to take over the
agent, although not necessarily a diplomatic government and the plan of John to
Jom Vibandor
assassinate President Harry was part of Extradition does not violate the prohibition
such plan. However, if the extradition treaty against ex post facto laws, because the
contains an attentat clause, Republic A can Treaty is neither a piece of criminal
extradite John, because under the attentat legislation nor a criminal procedural statute.
clause, the taking of the life or attempt It merely provided for the extradition of
against the life of a head of state or that of persons wanted for offenses already
the members of his family does not committed at the time the treaty was ratified.
constitute a political offense and is
therefore extraditable.
FIRST ALTERNATIVE ANSWER: Int’l Court of Justice; Parties; Pleadings

Republic A may or can refuse the request of and
extradition of William because he is not in its Oral Argument (1994)
territory and thus it is not in the position to No. 20: The sovereignty over certain islands
deliver him to Republic X. is disputed between State A and State B.
Even if William were in the territorial These two states agreed to submit their
jurisdiction of Republic A, he may not be disputes to the International Court of Justice
extradited because inciting to sedition, of [ICJ].
which he is charged, constitutes a political 3) What language shall be used in the
offense. It is a standard provision of pleadings and oral argument?
extradition treaties, such as the one 4) In case State A, the petitioner, falls to
between Republic A and Republic X, that appear at the oral argument, can State B,
political offenses are not extraditable. the respondent, move for the dismissal of
the petition?
SECOND ALTERNATIVE ANSWER:
Republic B can deny the request of Republic SUGGESTED ANSWER:
X to extradite William, because his offense 3) Under Article 39 of the Statutes of the
was not a political offense. On the basis of International Court of Justice, the official
the predominance or proportionality test his languages of the court are English and
acts were not directly connected to any French. In the absence of an agreement,
purely political offense. each party may use the language it prefers.
At the request of any party, the court may
Extradition; Retroactive Application (Q2- authorize a party to use a language other
2005) than English or French.
(1) The Philippines and Australia entered 4) Under Article 53 of the Statutes of the
into a Treaty of Extradition concurred in by International Court of Justice, whenever one
the Senate of the Philippines on September of the parties does not appear before the
10, 1990. Both governments have notified court or fails to defend its case, the other
each other that the requirements for the party may ask the court to decide in favor of
entry into force of the Treaty have been its claim. However, the court must, before
complied with. It took effect in 1990. doing so, satisfy itself it has Jurisdiction and
The Australian government is requesting the that the claim is well founded in fact and law.
Philippine government to extradite its citizen,
Gibson, who has committed in his country International Convention; Law of the Sea
the indictable offense of Obtaining Property (2004)
by Deception in 1985. The said offense is (2-b) En route to the tuna fishing grounds in
among those enumerated as extraditable in the Pacific Ocean, a vessel registered in
the Treaty. For his defense, Gibson asserts Country TW entered the Balintang Channel
that the retroactive application of the north of Babuyan Island and with special
extradition treaty amounts to an ex post hooks and nets dragged up red corals found
facto law. Rule on Gibson's contention. (5%) near Batanes. By international convention
certain corals are protected species, just
SUGGESTED ANSWER: Gibson is before the vessel reached the high seas, the
incorrect. In Wright v. Court of Appeals, G.R. Coast Guard patrol intercepted the vessel
No.113213, August 15,1994, it was held that and seized its cargo including tuna. The
the retroactive application of the Treaty of master of the vessel and the owner of the
cargo protested, claiming the rights of transit
Jom Vibandor
passage and innocent passage, and sought how the International Court of Justice can
recovery of the cargo and the release of the acquire jurisdiction over these contending
ship. Is the claim meritorious or not? Reason countries. (5%) Under Article 36 of the I.C.J.
briefly. (5%) Statutes, both parties must agree to submit
themselves to the jurisdiction of the
SUGGESTED ANSWER; The claim of International Court of Justice.
innocent passage is not meritorious. While
the vessel has the right of innocent passage,
it should not commit a violation of any
international convention. The vessel did not
merely navigate through the territorial sea, it
also dragged red corals in violation of the
international convention which protected the
red corals. This is prejudicial to the good
order of the Philippines. (Article 19(2) of the
Convention on the Law of the Sea)
International Court of Justice (Q9-2006)

1 Where is the seat of the International
Court of Justice? 11%) The seat of the
International Court of Justice is at the Hague
or elsewhere, as it may decide, except
during the judicial vacations the dates and
duration of which it shall fix (I.C.J. Statute,
Art. 22).
2 How many are its members? (1%) The
Court is composed of fifteen members who
must be of high moral character and
possess the qualifications required in their
respective countries for appointment to the
highest judicial office or are jurisconsults of
recognized competence in international law
(I.C.J. Statute, Art. 2).
3 What is the term of their office? (1%)
They are elected for a term of nine years,
staggered at three-year intervals by dividing
the judges first elected into three equal
groups and assigning them by lottery terms
of three, six and nine years respectively.
Immediate re-election is allowed (I.C.J.
Statute, Art. 13).
4 Who is its incumbent president? (1%) The
incumbent President is Rosalyn Higgins.
5 What is his/her nationality? (1 %) She is a
national of the United Kingdom or a British
subject.
(NOTE: Since questions IX(4) and IX(5) do
not test the examinees' knowledge of the
law, it is suggested that they be
disregarded)
6 In 1980, the United States filed with the
International Court of Justice a complaint
against Iran alleging that the latter is
detaining American
diplomats in violation of International Law.
Explain

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Poli Law Bar Questions Compilation

ARTICLE I National Territory baselines of a state over which the coastal

SUGGESTED ANSWER: of religious instructions, to ensure that the

As recommended, the President canceled The motion should be denied according to

Constitution presupposes that they According to Manila Prince Hotel v.

FIRST ALTERNATIVE ANSWER: Int’l Court of Justice; Parties; Pleadings

International Court of Justice (Q9-2006)

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