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Political Law Mock Bar 2017

1. The Sangguniang Panlungsod of Batangas of the Batangas City enacted Ordinance No. 1664 to
authorize traffic enforcers of Cebu City to immobilize any motor vehicle violating the parking
restrictions and prohibitions defined in the Traffic Code of Batangas City. Atty. Valdez and his son
filed a suit in the Batangas RTC against the City of Batangas, represented by Mayor Dimacuha, the
Sangguniang Panlungsod of Batangas, its Presiding Officer Lawi Manalo, and the chairman and
operatives of the City Operations Traffic Management, seeking the declaration of Ordinance No. 1664
unconstitutional for being in violation of due process, their right to property, and for being contrary to
law. The purpose of the ordinance was to ensure the smooth flow of vehicular traffic in the City of
Batangas at all times. Section 3 of the Ordinance provided the driver or vehicle owner can protest the
action of the traffic enforcer or PNP personnel. Section 17 thereof provided the vehicle will not be
clamped should the driver be in the area at the time of apprehension. Section 25 provided the vehicle
will be towed to prevent the immobilized vehicle from obstructing traffic in the vicinity. Will the suit
prosper? (5 %) (Legaspi v. City of Cebu, 2013)

2. Romina Estrella was the Agricultural Center Chief I in the Office of the Provincial Agriculturist in
Negros Oriental. After the Supervising Agriculturist retired, she applied for the position but a Sam De
Jesus was appointed. She protested the appointment of De Jesus before the Civil Service Commission
Regional Office which dismissed her complaint. The Provincial Agriculturist then issued Office Order
No. 008 and re-assigned her to the Municipality of Kadingilan in Bukidnon. Estrella refused to follow
the Office Order and did not submit an explanation after the Provincial Agriculturist required one from
her. The Provincial Agriculturist summoned her to a conference which she attended with counsel, but
walked out because the PA refused to record her objections to the questions she was being asked.
Estrella filed a complaint for final injunction with TRO and/or preliminary injunction averring the PA
issued the Office Order because the PA bitterly resented the attacks of Estrella. The PA filed a motion to
dismiss, which prospered and declared the Office Order valid.

Was there a valid reassignment? (2%)


Did Estrella resort to the proper remedy protesting her reassignment? (3%)
(Ejera v. Merto and Vergara, 2014)

3. Congress passed Republic Act No. 1248 to comply with the United Nations Convention of the Law of
the Sea (UNCLOS). In a petition filed with the Supreme Court, Kami Bicol, an association of Bicolano
professionals, argued RA 1248 discarded the definition of Philippine territory under the Treaty of Paris
and in related treaties, excluded the Kalayaan Islands and the Scarborough Shoal from Philippine
Baselines, and converted internal waters into archipelagic waters. Is the petition meritorious? (5%)
(Magallona v. Ermita, 2011)

4. Apple Pie Beta Corporation (APB), a local manufacturer of cellphones popularly called ePals, owns a
10,000 hectare plant in Taguig City. To remedy the citys acute housing shortage and a burgeoning
population, the Sangguniang Panlungsod authorized the City Mayor for the purchase of the lot. The
Sangguniang Panlungsod intends to subdivide the property into small residential lots to be distributed
at cost to qualified city residents. APB refused to sell the lot. Since the city cannot find any vacant lots
within its jurisdiction, the city filed a complaint for eminent domain against APB.
a. If you were counsel for APB, what defense or defenses would you set up in order to resist
expropriation of the property? (3%)
b. If the court grants the citys prayer for expropriation but the City delays payment of the amount
determined by the court as just compensation, can APB recover from Taguig City? (2%)
(NPC v. Henson, 1998; Republic v. Lim, 2005)
5. LeBron San Juan was a naturalized citizen of the United States. On October 5, 2012, he filed his
certificate of candidacy (COC) for the position of Mayor in the Municipality of Cainta, Rizal, to vie for
the position in the 2013 local elections. As the official candidate of the Dilawan Party, he declared in his
Political Law Mock Bar 2017
COC that he was eligible for the office he was seeking to be elected to, that he was a natural born
citizen and that he had been a resident of the Municipality of Cainta for 25 years, and that he
renounced his US citizenship on October 2, 2012. JC Alcantara, the opposing candidate from USP-
Laban, filed with the COMELEC a Petition to Deny Due Course and/or to Cancel the Certificate of
Candidacy of LeBron San Juan alleging LSJ made a material misrepresentation in his COC by stating he
had been a resident of Cainta for 25 years despite having registered as a voter only on May 31, 2012 and
that he travelled to Cleveland using his US passport on October 6, 2012.
a. Differentiate between a Petition to Deny Due Course and/or to Cancel the Certificate of
Candidacy and a Petition for Disqualification. (2%)
b. Is LeBron San Juan eligible to run for public office? (3%)
(Agustin v. COMELEC, 2015)

6. Determined Light Suppliers (DLS) was a public utility corporation engaged in the sale and distribution
of electricity within Metropolitan Cebu. Ernestine Fernandez was one of DLSs customers. DLS
employed Lourdes Cosme and Gilda Florendo as violation of contract (VOC) inspectors). Respondent
Sgt. Domondon, who belonged to the 341st Constabulary Company, accompanied and escorted the
VOC inspectors during their inspection of the households pursuant to a mission order issued to him by
the Cebu City Government. On that day, the Violation of Contracts Team conducted a routine
inspection of the houses for illegal connections, meter tampering, seals, conduit pipes, jumpers, wiring
connections, and meter installations, including that of Fernandez. Corie, Fernandezs maid, unlocked
the gate and let Cosme and Florendo inside with much hesitance. While Fernandez was in her office
and without Corie calling her to inform her of the same. Fernandez claims there was nothing routine or
proper with that the VOC inspectors did in her house because their entry was made without
permission and over the objections of Corie, claiming Cosme and Florendo threatened their way into
her house. She found some of her personal effects were missing after the routine inspection. Fernandez
filed a case against Cosme, Florendo, and Domondon for abuse of rights and violation of her right
against search and seizure. Will her action prosper? (5%)
(Sesbreno v. CA, 2014)

7. Jerbert Batumbacal, City Mayor of Quezon, issued an Executive Order declaring the city is promoting
responsible parenthood and is now upholding natural family planning, with ads saying Mahal
Makabuntis sa QC. He prohibited all hospitals operated by the city from prescribing the use of
artificial methods of contraception, including condoms, pills, IUDS, and surgical sterilization. As a
result, poor women in the city lost their access to affordably family planning programs. Private clinics,
however, continued to render family planning counsel and devices to paying clients.
a. Is the Executive Order constitutionally infirm? (4%)
b. May the Commission on Human Rights order the Mayor to stop implementing the Executive
Order? (1%)
(The 1987 Constitution; Simon v. CHR and Carino v. CHR, 1994 and 1991 respectively)

8. In a protest rally along Mendiola, Jyle Leano took up the stage and began shouting, Kayong mga
kurakot kayo! Tama na ang pagnanakaw sa sambayanan! Pag hindi pa kayo nag-resign, manggugulo
kami rito at magsisindi ng kandila! Tayo na mga mumshies char! He flipped his middle finger at
Malacanang. Police officers who were monitoring the situation immediately approached Jyle and
arrested him. He was prosecuted for seditious speech and was convicted. On appeal, Jyle argued he
was merely exercising his freedom of speech and freedom of expression guaranteed by the Bill of
Rights.
a. If you were the judge, how would you decide the case? (3%)
b. What are the two basic prohibitions of the freedom of speech and of the press clause? (2%)
(David v. Arroyo, Chavez v. Gonzales)
Political Law Mock Bar 2017
9. Since the Philippines was suffering economically and growing slowly in that aspect, the World Bank
advised the President to undertake a stimulus plan, which the President Dubbed the Universal
Stimulus Fund Program (USF). The USF enabled the President to realign funds from slow-moving
projects to priority projects instead of awaiting next years appropriation. If a government project
moved slowly, the President will pull funding and declare the same as savings, which will then be
reallotted to another project. The President paraded the same practice as the cause of the economic
growth in the country. A year after, Senator Dandel Charot claimed he and several other lawmakers
received P1M to vote for the ouster of then Chief Justice Jessamine Lee, claiming the amount was
insulting and too meagre for men of importance and influence and that it was taken out of the USF, the
creation of which was constitutionally infirm. Classy Deluria, Chairperson of Akbayan Muna, and
several other concerned students from the University of the Philippines challenged the validity of the
USF on the basis that No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law (Sec. 29, Art. VI of the 1987 Constitution). DBM Secretary Yanna Toribio
argued the existence of the USF was valid based on the GAA, Section 25(5) of Art. VI of the
Constitution, and several provisions of EO No. 292. If you were the judge, how would you decide? (5%)
(Araullo v. Aquino, 2014)

10. Congress enacted RA No. 2070 to provide for a Department of Information and Communications
Technology (DICT) to provide a government arm handling developments in information technology.
Section 7 thereof provides for a Magna Carta allowing additional allowances and benefits to the
covered officials and employees of the DICT. Under RA No. 2070, the payment of Magna Carta benefits
are subject to these being provided under the GAA (General Appropriations Act) for the year. In 1998,
the City of Lipa released these benefits to covered employees and officials despite the lack of provisions
therefor in that years GAA. Following the post-audit conducted by COA State Auditor Jadine
Escalona, several notices of disallowance were issued disapproving the payment of Magna Carta
benefits. The disallowance prompted DICT Secretary Ducky Domingo to request the Office of the
President for authority to utilize the DICTs savings to pay the Magna Carta benefits. Executive
Secretary Bobby Solis approved the request of Sec. Domingo. Sec. Domingo now appeals to the COA
urging the lifting of disallowances of COA benefits.
a. Were the realignments of the funds proper? (2%)
b. Did the Commission on Audit commit grave abuse of discretion in issuing the Notices of
Disallowance? (3%)
(Nazareth v. Villar, 2013)

11. Distinguish fully between the free exercise of religion clause AND the non-establishment of religion
clause. (3%) What is the hierarchy of civil liberties? (2%)
(Iglesia ni Cristo v. CA, PBMEO v. PBM)

12. Jeric Clumsy, a Grab driver, was hailed by Kim Jong Elamparo. Upon noticing Jerics slurred speech.
heavy-set eyes, and his laughter when Waze said Turn right in Matalino, he looked around and saw
a small pouch of methamphetamine or shabu in the passengers seat. Kim Jong called the PNP hotline.
Fearing for his life, Jeric took the shabu with him and stormed through the Quiapo Wet Market, hitting
several tomato merchants. Two policemen chased after Jeric and stopped him just in time as he was
about to climb a steel fence. They noticed he tried to climb with only one hand, clumping his other fist.
They pressed the latter to open his hand which revealed a half-finished pouch of shabu. A case for
violation of the Dangerous Drugs Act was filed against Jeric. In his defense, Jeric claimed the shabu
recovered from him was fruit of the poisonous tree since his arrest was made without a warrant and
that the police violated the plain view doctrine, intimidating him only after they told him they were
police.
a. If you were the judge, how would you decide the case? (3%)
b. Is the shabu as evidence admissible? Why or why not? (2%)
Political Law Mock Bar 2017
(Manalili v. CA)

13. The Sandiganbayan convicted former president Rodrigue Dubois of plunder in 2009 and sentenced him
to suffer the penalty of reclusion perpetua and the accessory penalties of civil interdiction during the
sentence and perpetual absolute disqualification. In 2011, Former President Josh Aquino extended
executive clemency by way of pardon to Dubois explicitly stating I hereby restore him to all civil and
political rights granted by law. In 2012, Dubois ran for Vice Mayor of Antipolo. Viko Kumar, his
opponent, filed a Petition for Disqualification against him stating he is disqualified to run because of
his former conviction for plunder, relying on the Local Government Code and the Omnibus Election
Code. The COMELEC dismissed the petition on the basis of the pardon extended to Dubois. Dubois
won as Vice Mayor. Kumar, the second-placer for Vice Mayor, again sought to disqualify him on the
same ground.
a. Distinguish between amnesty and pardon. (2%)
b. If you were the judge, how would you decide the case? (3%)
(Risos-Vidal v. COMELEC, 2015)

14. Mr. Everwing, a Filipino-Canadian, was convicted of estafa. On appeal, he filed a Motion to Fix Bail for
Provisional Liberty Pending Appeal. The CA granted the motion, asking for P4,999,999 in bail, subject
to the conditions that he secure "a certification/guaranty from the Mayor of the place of his residence
that he is a resident of the area and that he will remain to be a resident therein until final judgment is
rendered or in case he transfers residence, it must be with prior notice to the court". Further, he was
ordered to surrender his passport to the Division Clerk of Court for safekeeping until the court orders
its return. Mr. Everwing now challenges the CA decision, claiming it is violative of his liberty of abode
and his right to travel. Decide. (5%)
(Santiago v. Vasquez)

15. Distinguish extradition from deportation (3%). What is the passive personality principle? (2%)

16. Fely Adorna, a half-Thai, half-Filipino businessman decided he wants to dabble in national politics. He
is known for a chain of stores called Willing to Wait For Thai Part, a fried chicken shop with thousands
of pop-up stores in the Philippines. He filed a certificate of candidacy with the COMELEC to run as
congressman of the third district of Quezon City. He alleged he was born in Basco, Batanes in 1980 to a
Filipino Father and a Thai mother but went to Chulalongkorn University for all his years of education.
He claims he reacquired his citizenship by marrying a Filipina, Inday Brillo, a resident of Diliman,
Quezon City, after their continued correspondence over the internet for three years. They married on
December 25, 2015, after Felys return from Thailand. The COMELEC, immediately after receiving his
certificate of candidacy, rejected his COC.
a. Is Fely qualified to run as congressman? (3%)
b. Was the rejection of the COMELEC proper? (2%)

17. Johnny Aquino, 35 years old, is a natural-born Filipino and a resident of Quezon City since birth. He
runs 16-C Heirloom Hashery and also runs Angat Pilipinas! (AP!), a coalition of indigent transgender
farmers, helping his constituents through conducting gender sensitivity trainings in various
communities and livelihood programs for those in coastal areas. Trump Towers International, a
Manhattan-based firm, receiving subsidies from the American government, donates to its worldwide
partners, including AP!. Johnny wants to register AP! as a party-list with himself as a nominee of the
coalition. Will Johnny and AP! be qualified as a party-list and nominee, respectively? (5%)
(RA 7941)

18. The current GAA stated the City of Marawi was to receive P10 billion given the exigencies of the
terrorist activities. The Provincial Governor of Marawi requested DBM Secretary Benjamin Diokno to
Political Law Mock Bar 2017
immediately release their Internal Revenue Allocation (IRA). Diokno refused, pointing to the GAA
provision stating the IRA may only be released if the Provincial Government of Marawi proves its own
coffers cannot finance the rehabilitation of Marawi.
a. Is the requirement valid? (3%)
b. The Provincial Governor is a party-mate of the former President. May the Lanao del Sur
representative instead file a petition to compel the DBM to release its IRA? (2%)

19. Decide on the validity of these ordinances:


a. An ordinance passed by the Municipality of Manolo Fortich expropriating five parcels of land
for the expansion of the municipal capitol despite an existing municipal office (2.5%);
b. An ordinance passed by the city government of Makati requiring all vehicles and persons
passing through Guijo Street, a hotbed of drug sales, subject to a drug search (2.5%)

20. The Grand Fellow (GF), Chief of Executive of the country of Hoenn, and the Most Illustrious Archon
(MIA), Queen and Chief Executive of the country of Kalos, conferred with each other via Telegram,
agreeing they will pull out their vessels, seacraft, and other ships out of Alola Shoal to de-escalate the
tensions between two countries. After 10 days, all ships from Hoenn have left; however, Kalos ships
with the Kalos flags stayed. Two days after, men from Kalos started building docks providing fuel and
refreshments to vessels passing by.
a. Assuming the GF and the MIA had full authority to represent their states and negotiate with
each other in accordance with their respective laws, and assuming they both acknowledge the
validity and existence of the Telegram thread, is the agreement via Telegram binding under
international law? (2.5%)
b. Assuming the answer to (a) is in the affirmative, does such agreement constitute a treaty under
the 1969 Vienna Convention on the Law on Treaties? (2.5%)