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SSC-R Bar Ops 2002 (Quizzer)Political Law 1

QUIZZER IN POLITICAL LAW

CONSTITUTIONAL AND POLITICAL LAW

Q: What is meant by the theory of derivative prejudice?A: It means that the prejudice of the superior official flows to his subordinates.

(Estrada v. Desierto, GR No. 146710-15, March 2, 2001)

Q: What is the test of actual prejudice?A: There must be allegation and proof that the judges have been unduly influenced,

not simply that they might be, by the barrage of publicity. (Estrada v. Desierto)

Q: What is the nature of a conditional pardon?A: A conditional pardon is in the nature of a contract between the Chief Executive

and the convicted criminal to the effect that the former will release the latter

subject to the condition that if he does not comply with the terms of the pardon,he will be recommitted to prison to serve the unexpired portion of the sentence oran additional one. (In re: Torres, 251 SCRA 709)

Q: Is the determination by the DFA that a state or instrumentality is immunefrom suit conclusive upon the courts?

A: The HOLY SEE is a duly accredited diplomatic mission in the country exemptfrom local jurisdiction and entitled to all the rights, privileges, and immunities of adiplomatic mission or embassy in the country. The determination of theexecutive arm of the government that a state or instrumentality is entitled tosovereign or diplomatic immunity is a political question that is conclusive uponthe courts. (Holy See v. Rosario, 238 SCRA 524)

Q: What is a congressional veto?A: It is a means whereby the Legislature can block or modify administrative action

taken under a statute. It is a form of legislative control in the implementation ofparticular executive actions. For instance, in the use of funds for the AFPmodernization, Congress may require the President to submit all purchases ofmilitary equipment to Congress for approval.

Note: In the Philconsa v. Enriquez case (235 SCRA 507), a special provision on the

use of funds in the appropriation for the modernization of the AFP which requiresthe prior approval of Congress was held unconstitutional on the ground that it is aninappropriate provision. The SC held that any provision blocking an administrative

action in implementing a law or requiring legislative approval of executive acts mustbe incorporated in a separate and substantive bill. However, the SC declined to ruleon the constitutionality of a congressional veto on the ground that the matter at issuecan be disposed of as stated.

Q: Is the so-called preferential right of subsistence or marginal fishermen tothe use of marine resources absolute?

A: The preferential right is not at all absolute. In accordance with the RegalianDoctrine, marine resources belong to the State, and pursuant to sec.2, Art. XII ofthe Constitution, their exploration, development and utilizationshall be underthe full control and supervision of the State. The right may be subjected towhatever rules and regulations and local laws that may be passed. (Tano v.

Socrates, 278 SCRA 154)


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Q: What are the guidelines for screening party-list applicants:A: The guidelines are:

(1) The political party, sector, or coalition must represent the marginalizedand underrepresented groups identified in sections 5 of RA 7941.

(2) They must show that they represent the interests of the marginalized

and underrepresented.(3) The religious sector may not be represented in the party-list system.(4) A party or organization must not be disqualified under section 6 of RA

7941 which enumerates the grounds for disqualification.(5) The party or organization must not be an adjunct of, or a project

organized or an entity funded or assisted by the government.(6) The party must not only comply with the requirements of the law; its

nominees must likewise do so.(7) Not only the candidate party or organization must represent

marginalized or underrepresented sectors; so also must its nominees.(8) The nominee must likewise be able to contribute to the formulation

and enactment for appropriate legislation that will benefit the nation as

a whole. (Bayan Muna v. COMELEC & Ang Bagong Bayani v.COMELEC, G.R. Nos. 147589 and 147613, June 26, 2001)

Q: What are the matters which are required to be entered into the legislativejournal?

A: They are:(1) Yeas and nays on third and final reading of a bill;(2) Veto message of the President;(3) Yeas and nays on the repassing of a bill vetoed by the President; and,(4) Yeas and nays on any question at the request of 1/5 of members

present. [Sec. 16 (4), Art. VI, 1987 Constitution]

Note: Enrolled Bill v. Journal entry: Enrolled bill prevails, except as to

matters which, under the Constitution are required to be entered into thejournal

Q: When does a bill become a law?A: In the following instances, a bill becomes a law, to wit:

(1) When the President approves the same and signs it;(2) When Congress overrides the Presidential veto;(3) When the President fails to act upon the bill for thirty days from receipt

thereof, the bill shall become a law as if he had signed it. [Sec. 27 (1),

Art. VI](BAR 1988)

Note the publication requirement as held in Tanada v. Tuvera case

Q: What are the non-legislative powers of Congress?A: They are:

(1) To act as Board of Canvassers for Presidential and Vice-Presidentialelections (Sec. 4, Art. VII);

(2) To call for a special election for President and Vice-President(Sec. 10, Art. VII);

(3) To extend or revoke the proclamation of Martial law or the suspension

of the writ of habeas corpus (Sec. 18, Art. VII);(4) Approval of Presidential Nominees (Sec. 16, Art. VII);(5) Senate concurrence of treaties (Sec. 21, Art. VII);(6) Concur in presidential amnesties (Sec. 19, Art. VII);(7) Declaration of war and delegation of emergency power to the

President [Sec. 23 (1) and (2), respectively, of Art. VI] ;(8) To judge the Presidents capacity or fitness (Sec. 11, Art. VII);(9) Power of Impeachment (Sec. 2 & 3, Art. XI). (BAR 1988)


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Q: What are the instances when Congress votes separately?A: They are:

(1) Choosing the President (Sec.4, Art.VII)(2) Determining the Presidents inability (Sec.4, Art.VII)

(3) Confirming the nomination of the Vice-President (Sec.9, Art. VI)(4) Declaring the existence of a state of war (Sec.23, Art. VI)(5) Proposing Constitutional Amendments (Sec.1, Art XVII)

Q: What are the bills that must originate exclusively from the House ofRepresentatives?

A: All appropriation, revenue or tariff bills, bills authorizing increase of public debt,bills of local application, and private bills shall originate exclusively in the Houseof RepresentativesXXX (Sec. 24, Art. VI, Constitution)

Q: Give the conditions for the grant of emergency powers to the President.A: They are:

(1) There is a war or other national emergency;(2) The grant of emergency powers must be for a limited period;(3) The grant of emergency powers is subject to such restrictions as Congress

may prescribe; and,(4) The emergency powers must be exercised to carry out a declared national

policy. (BAR 1997)

Q: Define reprieve, commutation, remission, pardon and amnestyA: Reprieve is a temporary relief from or postponement of execution of criminal

penalty or sentence or a stay of execution.Commutation- a reduction of sentence. It is a remission of a part of thepunishment; a substitution of a less penalty for the one originally imposed.Remission of fines and forfeitures- prevents collection of fines or the confiscationthe confiscated property; it cannot have the effect of returning property whichhave been vested in third parties or money in the public treasuryPardon- act of grace which exempts persons from serving the penalty

Amnesty- commonly denotes the general pardon to rebels for treason and otherhigh political offenses. It erases the crime itself.

Q: What is the Open Court Rule during Martial Law?A: It means that the state of Martial Law does not supplant the functioning of the

civil courts nor authorize the conferment of jurisdiction on military courts andagencies over civilians where civil courts are able to function.

Q: What is a writ of amparo?A: It is a writ that may be issued by the courts, based on the constitutional power of

the Supreme Court to promulgate rules, for the protection and enforcement ofconstitutional rights. (Nachura Reviewer, p. 203)

Q: When municipal property is taken by the State, is there compensabletaking?

A: It depends on the nature of the property. If it is patrimonial property of the

municipality, that is, property acquired by the municipality with its private funds inits corporate or private capacity, compensation is required. However, if it is anyother property such as public buildings or legua communal held by themunicipality for the State in trust for its inhabitants, the State is free to dispose ofit at will. (Bernas, p.116)


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ELECTION LAW

Q: What are the prohibited constitutional activities in relation to election?A: They are:

(1) No officer or employee in the Civil Service shall engage directly or

indirectly in any electioneering or partisan political campaign[Sec.2 (4), Art.IX (B)]

(2) No pardon, amnesty, parole, or suspension of sentence for violation ofelection laws, rules and regulations shall be granted by the Presidentwithout the favorable recommendation of the COMELEC[Sec.5, Art. IX (c)]

(3) Prohibition against political parties, organizations, coalitions registeredunder the party-list system to be represented in the voters registrationboards, BOCs, BOIs, or other similar bodies [Sec.8, Art. IX (C)]

(4) Prohibition against harassment and discrimination of bonafidecandidates for any public office [Sec.10, Art IX (c)]

(5) Prohibition against financial contributions from foreign governments

and their agencies to political parties, coalitions and candidates[Sec.2 (5) Art. IX (C)]

(6) Prohibition against the military to engage directly or indirectly in anypartisan political activity except to vote [(Sec.5, (3), par.2), Art. XVI)]

Q: What are the instances where a failure of election may be declared?A: They are:

(1) The election in any polling place has not been held on the date fixedon account of force majeure, violence, terrorism, fraud or otheranalogous circumstances;

(2) The election in any polling place had been suspended before the hourfixed by law for the closing of the voting on account of force majeure,

violence, terrorism, fraud or other analogous circumstances; or(3) After the voting and during the preparation and transmission of the

election returns or in the custody or canvass thereof such electionresults in a failure to elect on account of force majeure, violence,terrorism, fraud or other analogous circumstances (Sison v. Comelec,GR No. 134096, March 3, 1999 and BP 881)

Note: Before the COMELEC can act on a verified petition declaring a failure of

election, two conditions must concur, namely: (1) no voting has taken place in theprecincts concerned on the date fixed by law, or even if there was voting, theelection nevertheless resulted in a failure to elect; and (2) the votes cast wouldaffect the results of the election (Mitmug v. COMELEC, 230 SCRA 54)

Q: What is the IDEM SONANS Rule?A: It means that a name or surname incorrectly written which, when read, has a

sound similar to the name or surname of a candidate when correctly writtenshall be counted in his favor (BAR 1994)

Q: What are the grounds for substitution of the members of the BOC?A: They are:

(1) Non-availability;(2) Absence;(3) Disqualification due to relationship;(4) Incapacity for any cause of the Chairman.

Q: Who are the persons not allowed inside the polling place?A: They are: (1) Any officer or member of the AFP; (2) any officer or member of the

PNP; (3) any peace officer or armed person belonging to any extra-legal policeagency, special forces, security guards, etc; (4) any barangay tanod or memberof the barangay self-defense units; (5) any member of the security or policeorganizations of government agencies or GOCCs; (6) any member of a privatelyowned or operated security, investigative, protective or intelligence agency.


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ADMINISTRATIVE LAW AND LAW OF PUBLIC OFFICERS

Q: What are the two kinds of preventive suspension of civil service employeeswho are charged with offenses punishable by removal or suspension?

A: They are:

(1) Preventive suspension pending investigation, and(2) Preventive suspension pending appeal if the penalty imposed by the

disciplining authority is suspension or dismissal and, after review, therespondent is exonerated [Caniete v. Sec. of Education, G.R. No.140359, June 19, 2000)]

Q: Distinguish between administrative complaints filed against electiveofficials and those filed against appointive officials

A: Administrative complaints filed against elective officials are governed by theLocal Government Code while administrative complaints filed against appointiveofficials are governed by the Civil Service Rules and other pertinent laws.

In the first, (administrative complaints against elective officials) (1) the discipliningauthority is the President. Further, (2) the rules on removal and suspension aremore stringent. Likewise, (3) there should be a formal investigation and therespondent is given the rights akin to an accused in a criminal case. (4)Suspension and removal are imposed only after the elective official is accordedhis rights and the evidence against him strongly dictates their imposition, and (5)the procedure of requiring position papers in lieu of a hearing is not allowed.

Meanwhile, in the second (administrative complaints against appointive officials),(1) the disciplining authority is the Civil Service Commission; (2) The rules onremoval and suspension are less stringent; (3) The investigation is conductedwithout adhering to the technical rules applicable in judicial proceedings; (4) Theappointive official is removed or summarily dismissed if(a) the charge is seriousand evidence of guilt is strong; and, (b) respondent is rescividist, or (c)respondent is notoriously undesirable. Lastly, (5) Position papers are allowed inlieu of a hearing. [Joson v. Torres, 290 SCRA 279 (1998)]

Q: When may preventive suspension be imposed by the disciplining authorityagainst an elective public official?

A: Preventive suspension may be imposed by the disciplining authority at any time:(a) After the issues are joined(b) when evidence of guilt is strong;(c) given the gravity of the offense, there is great probability that the

respondent who continues to hold office could influence the witnessesor pose a threat to the safety and integrity of the records and otherevidence. (Joson v. Torres)

Q: What is the Automatic Reversion Rule?A: The disapproval of the appointment of a person proposed to a higher position

invalidates the promotion of those in the lower positions and automaticallyrestores them to their former positions.

Note: Requisites:

(1) There must be a series of promotions;(2) All promotional appointments are simultaneously submitted to the

Commission for approval; and

(3) The Commission disapproves the appointment of a person to a higherposition (Divinagracia v. Sto. Tomas, GR No. 1100954, May 31, 1995)

Q: What is the Three-fold Liability Rule?A: The wrongful acts or omissions of a public officer may give rise to civil, criminal,

and administrative liability (Nachura, p.320)


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Q: What is the Next-in-Rank Rule in Administrative Law?A: Under this rule, the person next in rank shall be given preference in promotion

when the position is vacated.

Note:

The corollary requirement to set forth the special reason(s) in case the nextofficer in rank is not appointed to the vacant position applies only to cases ofpromotion.

However, where the appointing power chooses to fill the vacancy not by promotion but bytransfer, reinstatement, reemployment or certification, he is under no duty whatsoever toexplain his action for the law does not so require him. The reason for the distinction issimple. When a person who is a junior jumps over his senior, the ranking is disturbedand the person next in rank is actually by passed, and so it is reasonable to require theappointing power to give his special reason or reasons for preferring his appointee to theofficer next in rank. (Cruz, p. 59-60)

LOCAL GOVERNMENT

Q: Distinguish the power of supervision from the power of controlA: The power of supervision is defined as the power of a superior officer to see to it

that lower officers perform their functions in accordance with law. This isdistinguished from power of control or the power of an officer to alter or modifyor set aside what a subordinate officer had done in the performance of his dutiesand to substitute the judgment of the former for the latter. [Bito-Onon v. JudgeFernandez, (January 31, 2001)]

Q: What are the limitations on recall under the Local Government Code?A: Section 74 of RA 7160 provides:

Limitations on recall:(a) Any elective local official may be the subject of a recall election onlyonce during his term of office for loss of confidence; and

(b) No recall shall take place within one year from the date of the officialsassumption to office or one year immediately preceding a regular localelection. [Claudio v. Comelec, G.R.No. 140714, (May4, 2000)]

Q: What are the limitations on local initiative?A: They are:

(1) The power of local initiative shall not be exercised more than once ayear;

(2) Initiative shall extend only to subjects or matters which are within thelegal powers of the local legislative bodies to enact; and

(3) If at any time before the initiative is held, the local legislative bodyshall adopt in toto the proposition presented, the initiative shall becancelled. However, those against such action may, if they so desire,apply for initiative. (Nachura Reviewer, p.162)

Q: Distinguish ordinance from a resolution of a local government unitA: An ordinance is a law but a resolution is merely a declaration of the sentiment or

opinion of a lawmaking body on a specific matter. An ordinance possesses ageneral and permanent character, but a resolution is temporary in nature.

Additionally, the two are enacted differently- a third reading is necessary for anordinance, but not for a resolution, unless decided by a majority of all the

Sanggunian members. [Heirs of Suguitan v. City of Mandaluyong, G.R. No.135087 (2000)]


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Q; What are the requisites for the proper exercise of the delegated power ofeminent domain

A: They are:(1) An ordinance is enacted by the local legislative council authorizing the

local chief executive to exercise the power of eminent domain or

pursue expropriation proceedings over a particular private property;(2) The power of eminent domain is exercised for public use, purpose or

welfare, or for the benefit of the poor and the landless;(3) There is payment of just compensation, as required by Article 3,

section 9 of the Constitution and other pertinent laws;(4) A valid and definite offer has been previously made to the owner of

the property sought to be expropriated, but said offer was notaccepted. (Heirs of Suguitan v. City of Mandaluyong)

INTERNATIONAL LAW

Q: Does an Executive Agreement have the same binding effect asa Treaty?

A: In International law, an executive agreement is as binding as a treaty.International law continues to make no distinctions between treaties andexecutive agreements. They are equally binding obligations upon nations.(Bayan v. Zamora, GR No. 138570; Oct.10, 2000)

Q: In conventional international law of extradition, what is meant byATTENTAL CLAUSE?

A: This is a provision in an extradition treaty which stipulates that an attemptagainst, or the taking of, the life of a head of state or members of his/her familydoes not constitute a political offense and therefore extraditable

Q: What is the basis of extradition?

A: A treaty. Outside of a treaty, there is no rule in international law compelling astate to extradite anyone. However, a state may voluntarily extradite a suspectto the receiving state even without a treaty between them as a gesture of comity.

Q: What is meant by the inchoate title of discovery?A: Where a state discovers territory but does not take steps to actually administer it,

the right acquired is merely an inchoate title of discovery. This will ripen into a fulland valid title if the requisites of a valid discovery and occupation are compliedwith: and in the meantime it will serve as a bar to other states also interested inthe territory. If administration is not undertaken within a reasonable time, theinchoate title of discovery is lost or forfeited.

Q: What is the so-called practice of the alternat?A: This is an arrangement under which each negotiator is allowed to sign first on the

copy of the treaty which he will bring home to his country, the purpose being topreserve the formal appearance of equality among the contracting states and toavoid delicate questions of precedence among the signatories.

Q: What is prize?A: Prize refers to a thing captured at sea in time of war, such as a neutral merchant

vessel taken by a belligerent warship for engaging in hostile activities or resistingvisit and search, or because of reasonable suspicion that is liable to confiscation.

Q: What is a prize court?

A: It is a tribunal established by a belligerent under its own laws, in its territory or inthe territory of any of its allies, for the purpose of determining the validity ofmaritime captures.

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GOODLUCK! BRAVO BASTE!

-political law committee 2002-

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