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    Local Governance - Exam - Midterm

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    Pearl Angelu O. Aguila
    The ordinance requiring HIV testing of hospitality girls in Makati clubs may be invalid as it does not meet several requirements - it is oppressive, discriminatory, and violates people's right to choose whether to be tested. To be valid, testing must be voluntary. A candidate who naturalized as a Filipino citizen can run for local office like mayor but not national office. While the case was challenging the candidate's eligibility, proclaiming him mayor showed the will of the voters should stand absent proof of actual disqualification under the law and constitution.

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    Local Governance - Exam - Midterm

    Uploaded by

    Pearl Angelu O. Aguila
    20 views3 pages
    The ordinance requiring HIV testing of hospitality girls in Makati clubs may be invalid as it does not meet several requirements - it is oppressive, discriminatory, and violates people's right to choose whether to be tested. To be valid, testing must be voluntary. A candidate who naturalized as a Filipino citizen can run for local office like mayor but not national office. While the case was challenging the candidate's eligibility, proclaiming him mayor showed the will of the voters should stand absent proof of actual disqualification under the law and constitution.

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    LOCAL GOVERNANCE- EXAM- MIDTERM

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    The ordinance requiring HIV testing of hospitality girls in Makati clubs may be invalid as it does not meet several requirements - it is oppressive, discriminatory, and violates people's right to choose whether to be tested. To be valid, testing must be voluntary. A candidate who naturalized as a Filipino citizen can run for local office like mayor but not national office. While the case was challenging the candidate's eligibility, proclaiming him mayor showed the will of the voters should stand absent proof of actual disqualification under the law and constitution.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    20 views3 pages

    Local Governance - Exam - Midterm

    Uploaded by

    Pearl Angelu O. Aguila
    The ordinance requiring HIV testing of hospitality girls in Makati clubs may be invalid as it does not meet several requirements - it is oppressive, discriminatory, and violates people's right to choose whether to be tested. To be valid, testing must be voluntary. A candidate who naturalized as a Filipino citizen can run for local office like mayor but not national office. While the case was challenging the candidate's eligibility, proclaiming him mayor showed the will of the voters should stand absent proof of actual disqualification under the law and constitution.

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    © All Rights Reserved
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    of 3

    1.

    The Mayor of Makati passed an ordinance requiring all disco pub owners to have all
    their hospitality girls tested for the AIDS virus. Both disco pub owners and the
    hospitality girls assailed the validity of the ordinance. Is the ordinance valid? Explain.
    (15 pts.)
    - Yes, the ordinance can be valid but the way it will be implemented can be unlawful
    and oppressive. Police power has the authority to create ordinances for the public
    safety especially in this case the public health but an ordinance will be valid if it
    follows the following requisites: It must not contravene the Constitution or any
    statute, It must not be unfair or oppressive, It must not be partial or discriminatory, It
    must not prohibit but may regulate trade; It must not be unresonable; It must be
    general and consistent with public policy [Magtajas v. Pryce Properties, G.R. No.
    111097 (1994)]. In this case almost three (3) of the requisites are not met. Also, we
    cannot consider it as a valid exercise of police power leaning to the Art. 1 Sec 3 of the
    1987 Constitution, this ordinance although aims for a lawful subject which is to
    identify the number of AIDS cases within Makati it can still fall as an oppressive and
    unlawful means. So for the ordinance to be valid in accordance with the State’s
    Constitution the disco pub owners and the hospitality girls should have the right to
    either take the test or not. They should all be tested based on their will.

    2. Enumerate the qualifications and disqualifications of the following Local Government


    Officials:
    a. Barangay Captain (5pts.)
    - Under the Batas Pambansa Bilang 222, The qualifications are as follows: No person
    shall be eligible to be a barangay official unless he is a citizen of the Philippines, a
    registered voter and actual resident of the barangay for at least six months
    immediately preceding the election, able to read and write and, on the date of the
    election, is least twenty-one years of age, and who is not otherwise disqualified by
    law.

    - The disqualifications are as follows: Any person who is insane or feebleminded or


    has been sentenced by final judgment for subversion, insurrection, rebellion or for any
    offense for which he has been sentenced to a penalty of more than eighteen months or
    for any crime involving moral turpitude, shall be disqualified to be a candidate and to
    hold any office in the barangay, unless he has been pardoned.

    b. Mayor (5pts.)
    - Local Elective Sec. 39, LGC, The qualifications are he/she must be a citizen of the
    Philippines, On the day of election at least 21 years old, able to read and write
    Filipino or any other local language or dialect, registered voter in the constituency in
    the locality, resident thereof for a period of not less than 1 year immediately preceding
    the day of the election.

    c. Governor (5pts.)
    - The qualifications are: Filipino resident registered voter, registered voter in the
    constituency in the locality, able to read and write any Filipino or any local language
    dialect, Atleast 23 on the day of the election.

    d. Congressman (5pts.)
    - The qualifications are: For the member of the House of Representatives, Sec 6 Art. VI
    of 1987 Constitution, he/she must be a natural born citizen, 25 years old on the day of
    the election, able to read and write, registered voter in district in which he shall be
    elected, expect the partylist representatives, and resident thereof for not less than one
    year immediately preceding election day.
    - The disqualifications according to the Republic Act No. 7160, otherwise known as
    the Local Government Code of 1991”, as amended are as follows: those sentenced by
    final judgment for an offense involving moral turpitude or for an offense punishable
    by 1 year or more imprisonment within 2 years after serving sentence, those removed
    from office as a result of an administrative case, those convicted by final judgment
    for violating oath of allegiance to the Philippines, those with dual citizenship,
    fugitives from justice in criminal or nonpolitical cases here and abroad, permanent
    residents in a foreign country or those who have acquired the right to reside abroad
    and continue to avail of the same right and lastly the insane or feeble-minded.

    3. Candidate Edu, a naturalized Filipino citizen, ran for Mayor for the Batangas City.
    After a close electoral contest, he won by a slim margin of 500 votes. His sole
    opponent, Manzano, filed an election protest before the Commission on Election
    (COMELEC), claiming that Edu should be disqualified to run for said position
    because he is not a natural-born citizen. While the case was pending, Edu was
    proclaimed as the duly elected Mayor of the City. Is Edu qualified to run for Mayor?
    (15 pts.)

    - Yes, he is still qualified to run for mayor, according to the process in the Republic Act
    No. 9225 or the Citizenship Retention and Reacquisition Act. Those who lose their
    Filipino citizenship through naturalization in another country may reacquire it through
    the procedure outlined in Republic Act No. 9225. This also applies to naturalized
    citizens who wish to reacquire their Filipino citizenship in order to run for public
    office. Also, at the Article 4, section 3 of the Constitution, provides that “Philippine
    citizenship may be lost or reacquired in the manner provided by law.” If Edu run in
    the Congress then he will not be bonafide to hold office, but in these case he run at the
    public office, because at the national level one of the qualification is the candidate
    must be a natural born citizen but in the local level, it just stated that it must be a
    citizen of the Philippines. So after taking the oath of allegiance, he shall retain his
    Philippine citizenship. Manzano cannot overthrow the winning candidate since Edu
    proves his allegiance to the Philippines and renounces his foreign citizenship and
    disqualifying him from public office for his naturalization will set aside the clear and
    unmistakable sovereign will of the people. It will contradict his electorate's
    fundamental right to suffrage.

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