Bar Review Institute University of The Philippines College of Law Last Minute Tips in Political Law BAR 2020/2021

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Bar Review Institute

University of the Philippines College of Law

LAST MINUTE TIPS IN


POLITICAL LAW
BAR 2020/2021
Q1: Can Congress pass a law to postpone the May 4. The issue of constitutionality must be
2022 National Elections because of the COVID-19 raised at the earliest opportunity and must

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pandemic? be the very litis mota of the case
ANS: No, such law effectively changes the term

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of elective offices. The Supreme Court has held [in Q4: What are the types of regulation of freedom
Kida v. Senate, G.R. 196271 (2012)] that statutes of expression?
which extend the term of an elective office as ANS:
fixed in the Constitution, either by postponing 1. Prior restraint – governmental restrictions
elections, changing the date of commencement of on the press or other forms of expression

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term of the successor, or authorizing the in advance of actual publication or
incumbent to remain in office until his successor dissemination
is elected and qualified, are unconstitutional. 2. Subsequent punishment – any action of
the government by means of which it

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Congress cannot pass a law that will amend the
Constitution. If a public office is created by the
Constitution with a fixed term, or if the term of a
public office created by Congress is fixed by the
might prevent such free and general
discussion of public matters as seems
absolutely essential to prepare the people
for an intelligent exercise of their rights as
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Constitution, Congress is devoid of any power to citizens
change the term of that office. [Kida v. Senate, G.R. 3. Content-based regulation – restricts
196271 (2012)] freedom of speech or the press based on
content
Q2: Explain the concept of sovereignty. ○ Subject to the clear and present
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ANS: Sovereignty is the supreme and danger test, balancing of interest


uncontrollable power inherent in the State by test, dangerous tendency test, and
which the State is governed. Under Sec. 1, Art. II, direct incitement test
1987 Const., sovereignty resides in the people and 4. Content-neutral – regulations on the
all government authority emanates from them. incidents of speech—time, place, and
manner—under well-defined standards
Q3: What are the requisites of judicial review? ○ Requires a substantial government
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ANS: In Kilusang Mayo Uno v. Aquino III [G.R. No. interest


210500 (2019)], the Supreme Court enumerated [Chavez v. Gonzales, G.R. No. 168338 (2008)]
the following requisites for the exercise of judicial
review: Q5: What are the tests used to analyze restraint on
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1. There must be an actual case or justiciable freedom of expression?


controversy before the Court ANS:
2. The question before this Court must be 1. Clear and present danger test —
ripe for adjudication a. Whether the words used in such
3. The person challenging the act must be a circumstances are of such a nature
proper party; and as to create a clear and present
danger that they will bring about
the substantive evils that Congress

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has a right to prevent [Schenck v. 6. The SC has administrative supervision
US] over all lower courts and their personnel.
b. Requires that the danger created 7. The SC has exclusive power to discipline
must not only be clear and present judges of lower courts.
but also traceable to the ideas 8. The members of the SC and all lower
expressed [Gonzales v. COMELEC, courts have security of tenure, which
G.R. NO. L-28196 (1967)] cannot be undermined by a law
2. Dangerous tendency test — reorganizing the judiciary.
a. Whether the words will create a 9. The members of the SC and all lower
dangerous tendency that the state courts shall not be designated to any

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has a right to prevent agency performing quasi-judicial or
b. Looks at the probability that a administrative functions.
substantive evil will result, and it is 10. The salaries of judges may not be reduced

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not necessary that some definite or during their continuance in office.
immediate acts of force, violence, 11. The judiciary shall enjoy fiscal autonomy.
or unlawfulness be advocated 12. The SC alone may promulgate rules of
[Cabansag v. Fernandez, G.R. No. court.

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L-8974 (1957)] 13. Only the SC may order the temporary
3. Balancing of interest test — detail of judges. [Art. VIII, 1987 Const.]
a. The court needs to balance
conflicting social values and Q7: Define the scope of judicial power.
individual interests ANS: Judicial power includes the duty of the
I2b. Requires a conscious and detailed
consideration of the interplay of
interests observable in a given
courts of justice to settle actual controversies
involving rights which are legally demandable
and enforceable, and to determine whether or not
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situation [Chavez v. Gonzales, G.R. there has been a grave abuse of discretion
No. 168338 (2008)] amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the
Q6: Give examples of how the Supreme Court Government. [Sec. 1, Art. VIII, 1987 Const.]
exercises judicial independence and autonomy.
ANS: Q8: Enumerate the powers of the Supreme Court.
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1. The SC is a constitutional body. Thus, it ANS: Under Sec. 5, Art. VIII of the 1987 Const.,
cannot be abolished nor may its the following are the powers of the Supreme
membership or the manner of its meetings Court:
be changed by mere legislation. 1. Exercise original jurisdiction over cases
2. The members of the judiciary are not affecting ambassadors, other public
subject to confirmation by the ministers and consuls, and over petitions
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Commission on Appointments. for certiorari, prohibition, mandamus, quo


3. The members of the SC may not be warranto, and habeas corpus.
removed from office except by 2. Review, revise, reverse, modify, or affirm
impeachment. on appeal or certiorari, as the law or the
4. The SC may not be deprived of its Rules of Court may provide, final
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minimum original and appellate judgments and orders of lower courts in:
jurisdiction as prescribed in the a. All cases in which the
Constitution. constitutionality or validity of any
5. The appellate jurisdiction of the SC may treaty, international or executive
not be increased by law without its advice agreement, law, presidential
and concurrence. decree, proclamation, order,

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instruction, ordinance, or 2. Forbidden office – may not be appointed
regulation is in question. to any office created or whose emoluments
b. All cases involving the legality of were increased during the term for which
any tax, impost, assessment, or toll, he was elected
or any penalty imposed in relation 3. Conflicting interest – shall not be
thereto. financially interested, directly or
c. All cases in which the jurisdiction indirectly, in any contract with, or
of any lower court is in issue. franchise or special privilege granted by
d. All criminal cases in which the the government during his term of office
penalty imposed is reclusion 4. Shall not intervene in any matter before

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perpetua or higher. any office of the government when it is for
e. All cases in which only an error or his pecuniary benefit or where he may be
question of law is involved. called upon to act on account of his office

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3. Assign temporarily judges of lower courts 5. Cannot personally appear as counsel
to other stations as public interest may before any court, electoral tribunal,
require. quasi-judicial and administrative bodies
- Such temporary assignment shall not during his term of office [Secs. 13 and 14,

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exceed six months without the consent Art. VI, 1987 Const.]
of the judge concerned.
4. Order a change of venue or place of trial to Q10: When are public officials not immune from
avoid a miscarriage of justice. suit?
5. Promulgate rules concerning the ANS: The rule on immunity of public officials
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protection and enforcement
constitutional rights, pleading, practice,
and procedure in all courts, the admission
of does not apply where the public official is
charged in his official capacity for acts that are
unlawful and injurious to the rights of others.
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to the practice of law, the Integrated Bar, Public officials are also not exempt, in their
and legal assistance to the personal capacity, from liability arising from acts
underprivileged. committed in bad faith. Neither does it apply
- Such rules shall provide a simplified where the public official is clearly being sued not
and inexpensive procedure for the in his official capacity but in his personal capacity,
speedy disposition of cases, shall be although the acts complained of may have been
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uniform for all courts of the same committed while he occupied a public position.
grade, and shall not diminish, increase, [Lansang v. CA, G.R. No. 102667 (2000)]
or modify substantive rights
- Rules of procedure of special courts Q11: Can the President impose martial law
and quasi-judicial bodies shall remain without any concurrence of Congress?
effective unless disapproved by the ANS: Yes. The Constitution vests exclusively in
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Supreme Court. the President, as Commander-in-Chief, the


6. Appoint all officials and employees of the emergency powers to declare martial law or
Judiciary in accordance with the Civil suspend the writ in cases of rebellion or invasion,
Service Law. when the public safety requires it. The imposition
of martial law or suspension of the writ takes
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Q9: Enumerate the disqualifications of members effect the moment it is declared by the President.
of Congress. No other act is needed for the perfection of the
ANS: declaration of martial law or the suspension of the
1. Incompatible office – may not hold any writ. [Ampatuan v. Sec. Puno, G.R. No. 190259
other office or employment in the (2011)].
government during his term without
forfeiting his seat

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Q12: Does the proclamation of a state of national Q15: Can the plebiscite for the new Constitution
emergency authorize the President under Sec. 17, be held together with the 2022 elections?
Art. XII to temporarily take over or direct the ANS: It depends. In Tolentino v. COMELEC [G.R.
operation of any privately-owned public utility or No. L-34150 (1971)], the Court ruled that “in order
business affected with public interest? that a plebiscite for the ratification of an
ANS: No. Sec. 17, Art. XII must be understood as amendment to the Constitution may be validly
an aspect of the emergency power clause. The held, it must provide the voter not only sufficient
taking over of private business affected with time, but ample basis for an intelligent appraisal
public interest is just another face of the of the nature of the amendment per se as well as
emergency powers generally reposed upon its relation to the other parts of the Constitution

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Congress. Thus, when Sec. 17 states that the State with which it has to form a harmonious whole.”
may temporarily take over or direct the operation There must be fair submission and intelligent
of any privately-owned public utility or business consent or rejection. The people must be

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affected with public interest, it refers to Congress, sufficiently informed of the amendments to be
not the President. Whether or not the President voted upon, to conscientiously deliberate thereon,
may exercise such power is dependent on and to express their will in a genuine manner.
whether Congress may delegate it to him

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pursuant to a law prescribing the reasonable Q16: What are the sources of international law?
terms thereof. [David v. Macapagal-Arroyo, G.R. ANS: The following are sources of international
No. 171396 (2006)]. law under Art. 38(1) of the ICJ Statute:
1. Treaties or conventions
Q13: Enumerate the instances when Congress 2. International custom, as evidence of a

ANS:
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meets and votes jointly or separately.

1. Meets jointly, votes separately


general practice accepted as law
3. General principles of law recognized by
civilized nations
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a. Choosing the President 4. Judicial decisions and teachings of the
b. Determine President’s disability most highly qualified publicists of the
c. Confirming nomination of various nations as subsidiary means for
Vice-President the determination of rules of law
d. Declaring the existence of a state of
war in joint session Q17: How does international law become part of
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e. Proposing Constitutional Philippine law?


amendments ANS:
2. Meets jointly, votes jointly 1. Doctrine of Incorporation – the
a. Revoking or extending Philippines adopts the generally accepted
proclamation suspending the principles of international law (custom
privilege of writ of habeas corpus and general principles of law) as part of
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b. Revoking or extending declaration the law of the land. [Sec. 2, Art. II, 1987
of martial law Const.]
a. They are deemed as part of
Q14: What is the Enrolled Bill Theory? national law regardless of whether
ANS: An enrolled bill is one duly introduced and they are enacted as statutory or
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finally passed by both Houses, authenticated by legislative rules.


the proper officers of each, and approved by the 2. Doctrine of Transformation – treaties or
President. It is conclusive upon the courts as international agreements shall become
regards the tenor of the measure passed by valid and effective upon concurrence by at
Congress and approved by the President. least 2/3 of all the members of the Senate.
[Mabanag v. Lopez Vito, G.R. No. L-1123 (1947)] [Sec. 21, Art. VII, 1987 Const.]

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Q18: Which of the following changes would 1. Executive power: includes the power to
require: (a) amendment of the Constitution; (b) appoint, remove, control executive
revision of the Constitution; or, (c) new officers.
legislation? 2. Treaty making: may enter into treaties
1. Conversion of the form of government with the concurrence of at least 2/3 of all
from unitary to federal. members of the senate.
2. Increasing the number of senators from 24 3. As commander in chief: may call out the
to 42. armed forces to suppress lawless violence,
3. Increasing the required number of invasion or rebellion; suspend the writ of
inhabitants of a city from 250,000 to habeas corpus, or declare martial law.

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300,000 to be entitled to a district
representative. Q20: What is the doctrine of qualified political
4. Creating a new intermediate appellate agency?

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court with jurisdiction to review A20: The president, in the exercise of his power of
judgments of the Sandiganbayan. control, can amend, adopt, revoke any action of a
subordinate or alter ego.
ANS:

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1. Revision — because it changes the basic Q21: Explain how the principle of checks and
form of government that in turn affects the balances operates among or between the
other fundamental provisions of the executive, legislative, and judicial branches of
constitution. government in the following areas of concern:
2. Amendment — because it pertains to a a. Appointment and removal of members of
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particular provision of the constitution
that does not affect the structure of
government.
the Supreme Court;
b. Statute-making process; and
c. Declaration of martial law.
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3. Statutory amendment — because under
the constitution, the apportionment of ANS:
districts among provinces and cities a. The Judicial and Bar Council recommends,
according to the number of inhabitants the president appoints, and the member of
shall be by law. the supreme court can only be removed by
4. Enactment of a law — because it is the impeachment.
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congress that has the power to define the b. Congress makes the law, and the President
jurisdiction of various courts, except that can veto.
no law may diminish the jurisdiction of c. The President declares martial law, the
the supreme as provided for in the Congress may revoke or extend it, and the
constitution. Supreme Court may review the sufficiency
of the factual basis.
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Q19: What are the methods of amending the


Constitution? Q22: What is the concept of fiscal autonomy of the
ANS: The constitution may be amended through Supreme Court? (Make sure to always invoke a
(1) a vote of ¾ of all the members of Congress; (2) constitutional law provision or concept.)
a constitutional convention; or, (3) by People’s ANS: Under the constitution, the Supreme Court
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Initiative upon petition of at least 12 percentum of budget cannot be decreased from the prior year,
the total number of all registered voters. and should be automatically released.

Q20: Enumerate and briefly explain three Q23: Alarmed by the increasing number of
Presidential Powers stated in the Constitution. COVID-19 cases, the growing resistance to get
ANS: vaccinated, and in response to the people’s
insistent clamor for the Mayor to exercise his

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executive powers over the local government 2018 on ground of culpable violation of the
officers and employees who themselves are Constitution, bribery, graft and corruption. The
unvaccinated, Mayor Y issued an executive order impeachment complaint was dismissed on
that all unvaccinated employees shall be ground that it was not sufficient in form and
presented every Monday at the city hall podium, substance.
and directed that they wear tags around the neck
with the words “AKO AY HINDI BAKUNADO”. On February 25, 2019, another complaint was
Mayor Y defends his action by saying it is a valid filed against the Supreme Court Justice, this time
exercise of his executive powers to inform all alleging high crimes and betrayal of public trust,
employees and those concerned of the vaccination and based on newly discovered evidence.

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status of the officials they deal with so they may a. Where, and by whom, is an impeachment
take appropriate measures to protect their health complaint filed?
and safety. Mayor Y claims that the same is also a b. Is the filing of the 2nd complaint based on

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valid exercise of police power to ensure public different grounds and on newly
health and safety. Do you agree with the Mayor? discovered evidence valid?
ANS:
ANS: No, I do not agree with the Mayor. While a. By a verified complaint filed by a member

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the mayor has authority to issue such orders as of the house of representatives, or by any
are necessary for the proper enforcement of laws, citizen upon the endorsement of any
it is settled that the exercise of police power is member of the house.
limited by reasonability. So long as legitimate b. No. The second complaint cannot be filed.
means can reasonably lead to create that end, it is Under the constitution no impeachment
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reasonable [Morfe v. Mutuc, G.R. No. L-20387
(1968)]. To be valid, (a) the means employed
should be reasonably necessary for the
proceedings can be filed more than once
within a period of one year.
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accomplishment of the purpose and not unduly Q26: A parcel of land is being expropriated by the
oppressive upon individuals [Planters Products v. National Housing Authority for the development
Fertiphil Corporation, G.R. No. 166006 (2008)] and of low cost housing for the employees of the
(b) the interests of the public, generally, as government. It however appears that once
distinguished from those of a particular class, successfully expropriated, the NHA would assign
require such interference [Ichong v. Hernandez]. to a private contractor the construction and
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implementation of the project under which the


Q24: Can the right to travel be curtailed? contractor may sell to the ultimate beneficiaries
ANS: Yes. When a person is an accused in a the developed house and lot packages. The
criminal case, the court may issue a hold construction company will then have the right to
departure order against him. the proceeds and profits of the sales.
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The right to travel may be curtailed by the state The owner of the land opposes the expropriation
for extreme causes like to protect public health on the grounds that the use of the property is not
and safety. for a public purpose but for a commercial
purpose that will benefit the private construction
It is also necessarily curtailed when a person is company. Rule on the opposition.
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convicted of crime and he is deprived of liberty ANS: It has been held that in the situation above,
by final judgment, or when a person is accused of the purpose for the taking of the land remains
a non- bailable offense and evidence against him public in character. The fact that the government
is strong. contracts out the development of the project,
which is within its power to do, does not negate
Q25: An impeachment complaint was filed the fact that the development is for the benefit of
against a Supreme Court Justice on September 5,

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the employees of the government that justifies against unreasonable searches and seizures, in
expropriation. order to give law enforcers a legal opportunity to
prevent the commission of offenses.
Q27: The Sangguniang Panlunsod passed an
ordinance imposing a “city business tax” on all However, "stop and frisk" searches are exceptions
businesses operating within its territory, to the general rule that warrants are necessary to
computed at 1% of the gross income of the conduct a search. This should be balanced with
business during the taxable year. The business the need to protect the privacy of citizens in
community protested saying that they are already accordance with the constitution.
paying business income taxes under the national

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internal revenue code, and the ordinance that "Stop and frisk" searches should thus be allowed
imposes a separate business tax amounts to only:
double taxation and is unconstitutional. a. on the basis of a reasonable suspicion that

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there is criminal activity and that
Are the oppositors correct? individuals are armed and dangerous;
ANS: No, the oppositors are not correct. The LGU b. when carefully limited search of the outer
can impose levy, taxes, fees or charges on any clothing; and,

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base or subject not otherwise specifically taxed c. when conducted for the purpose of
under the provisions of the national tax code. discovering weapons which might be used
While it would seem that this is the same tax on to assault him/her or other persons in the
the same taxable base, the LGU ordinance is not a area.
tax on income, but a tax for the privilege of doing
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business in the city. The city is also a different
taxing authority from the national government.
Considering further the autonomy of the LGU to
Q29: Describe the process of how a bill becomes a
law.
ANS:
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collect revenue under the Local Government 1. Any bill may originate from either the
Code, it has been held that the local business taxes
Senate or the House of Representatives,
do not amount to double taxation.
with the notable exception that
(N. N. The above is a different situation from a appropriation, revenue or tariff bills, bills
case that involved double taxation under the authorizing increase of the public debt,
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same local government ordinance, such that the bills of local application, and private bills
same taxing authority is taxing the same tax base shall originate exclusively in the House of
for the same purpose and within the same taxing Representatives (Section 24, Art. VI,
period. The above problem distinguishes between CONST.).
the national government taxing authority and the 2. Secondly, every bill by either house must
local government's power to tax.)
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pass three readings on separate days, and


printed copies thereof in its final form
Q28: A motorcycle driver is flagged down at a
police check point because the driver was not have been distributed to its Members three
wearing any helmet as prescribed by a local days before its passage, except when the
ordinance. The subsequent search was conducted President certifies to the necessity of its
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and police claim that they found a controlled immediate enactment to meet a public
substance. Charges are filed against the driver for calamity or emergency. (Section 26(2), Art.
violations of Republic Act No. 9165. Rule on the VI, CONST.)
validity of the search. 3. Upon the last reading of a bill, the vote
thereon shall be taken immediately
ANS: The search is valid.The "stop and frisk"
thereafter (Section 26(2), Art. VI, CONST.).
doctrine has been allowed despite the right

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4. The bill shall then be transmitted to the
other house, where it must likewise pass
three separate readings and a vote.
5. A bicameral conference committee may
then be convened to harmonize the text of
the bills from the Senate and the House of
Representatives.
6. Copies of the bill, signed by the Senate
President and the Speaker of the House of

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Representatives shall be presented to the
President for approval (Section 27(1), Art
VI, CONST.)

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a. If the president approves the bill,
he shall sign it, and the bill
becomes a law. (Section 27(1), Art.
VI, CONST)

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b. If the president fails to act on the
bill within thirty days after receipt
thereof, it shall become a law as if
he had signed it (Section 27(1), Art.
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c. If the president disapproves of the
bill, he shall veto it and return the
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same with his objections to the
House where it originated. If, after
such reconsideration, two-thirds of
all the Members of such House
shall agree to pass the bill, it shall
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be sent, together with the


objections, to the other House by
which it shall likewise be
reconsidered, and if approved by
two-thirds of all the Members of
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that House, it shall become a law.


(Section 27(1), Art. VI, CONST)
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