2009No. IV. The Municipality of Pinatukdao issued for damages arising from injuries sustained by a pedestrian who was hit by aglass pane that fell from a dilapidatedwindow frame of the municipal hall. Themunicipality files a motion to dismiss thecomplaint, invoking state immunity fromsuit. Resolve the motionwith reasons. (3%).SUGGESTED ANSWER:State immunity as defense will notprosper because under the law, amunicipal corporation can be sued andbe sued as expressly provided under thelocal government code. Furthermore,under the civil code, it can also be heldliablefor damagesfor thedeathof, orinjury suffered by, any person by reasonof the defective condition of roads,streets, bridges, public buildings andother public works under their control orsupervision (art. 2189).In the present case, the municipalbuilding is under their control andsupervision, thus, no immunity fromsuit

2008No. IV. Congress passed a law authorizingthe National Housing Authority (NHA) to expropriate or acquire private property forthe redevelopment of slum areas, as well asto lease or resell the property to privatedevelopers to carry out the redevelopmentplan. Pursuant to the law, the NHAacquired all properties within a targetedbadly blighted area in San Nicolas, Manilaexcept a well-maintained drug andconvenience store that poses no blight orhealth problem itself. Thereafter, NHAinitiated expropriation proceedings againstthe store owner who protested that hisproperty could not be taken because it isnot residential or slum housing. He alsocontended that his property is beingcondemned for a private purpose, not apublic one, noting the NHAs sale of theentire area except his property to a privateparty. If you were the judge, how would youdecide the case? (6%).SUGGESTED ANSWER:The power of the NHA is a delegatedpower of eminent domain, strictlyconstrued against its holder and limitedto the public purpose of redevelopmentof slum areas. The expropriation of aproperty already previously excluded fornot posing a blight of health problemlacks public purpose and exceeds thedelegated power of the NHA.

2009No.XVII. Filipinas Computer Corporation(FCC),a localmanufacturer ofcomputersand computer parts, owns a sprawlingplant in a 5,000-square meter lot in PasigCity. To remedy the citys acute housingshortage, compounded by a burgeoningpopulation, the Sangguniang Panglungsodauthorized the City Mayor to negotiate forthe purchase of the lot. The Sanggunianintends to subdivide the property into smallresidential lots to be distributed at cost toqualified city residents. But FCC refused tosell the lot. Hard pressed to find a suitableproperty to house its homeless residents,the city filed a complaint for eminentdomain against FCC.(a) If FCChires you as lawyer, what defenseor defenses would you set up in order toresist the expropriation of the property?Explain.

SUGGESTED ANSWER:

The following are the defenses that I willset up:a.No prior valid and definite offerwas madeb.The expropriation is for socializedhousing therefore it must complywith the order of preference ofthe land to be acquired and themode of acquisition. Under thelaw regarding expropriation forsocialized housing, private landsis the last in line and theexpropriation proceeding is lastresorted to if all other modes ofacquisition has already beenexhausted.Order of expropriation for socializedhousing:1.Government lands2.Alienable lands of the publicdomain3.Unregistered, abandoned or idlelands4.Lands within the declared areasfor priority development, zonalimprovement program sites,slum improvement andresettlement sites which havenot yet been acquired5.BLISS sites which have not yetbeen acquired6.Privately owned landsThe mode of expropriation is subject to2 conditions:a.It shall be resorted to onlywhen the other modes ofacquisition have beenexhausted; andb.Parcels owned by smallproperty owners are exemptfrom such acquisition. Smallproperty owners are owners ofresidential lands with an areanot more than 300 sq.m. inhighly urbanized cities andnot more than 800 sq.m. inother urban areas; and they donot own residential propertyother than the same.(b) If the court grants the Citys prayer forexpropriation, but the City delays paymentof the amount determined by the court asjustcompensation,canFCCrecovertheproperty from pasig city?SUGGESTED ANSWER:Yes. As a general rule, non-payment ofjustcompensationdoesnotentitlethelandowner to recover possession of theexpropriated lots. Instead legal intereston just compensation should be paid(National Power Corporation vs.Henson,300 SCRA 751[1998]). However, in caseswhere the government failed to pay thejustcompensationwithin5yearsfromthe FINALITY OF THE JUDGMENT in theexpropriation proceedings, the ownersconcerned shall have the right to recover possession of their property (Republicvs. Lim, 462 SCRA 265 [2005]).(c) Suppose theexpropriation succeeds, butthe city decides to abandon its plan tosubdivide the property for residentialpurposes having found much bigger lot, canFCC legally demand that it be allowed torepurchase the property from the city ofPasig? Why or why not?SUGGESTED ANSWER:It depends.Thepropertyownersrightto repurchase the property dependsupon the character of the title acquiredby the expropriator, ie., if the land isexpropriated for a particular purposewith the condition that when thatpurpose is ended or abandoned, theproperty shall revert to the formerowner, then the former owner can re-acquire the property (Heirs of TimoteoMoreno vs. Mactan-Cebu InternationalAirport Authority, 413 SCRA 502 [2003]).But if there is no such condition theowner cannot repurchase because thejudgmentintheexpropriationcasegrants title to the lot infee simple to theREPUBLIC.

Eminent Domain; Valid and DefiniteOffer (2010)No. XIII. a. A valid and definite offer to buya property is a pre-requisite toexpropriation initiated by a localgovernment unit.SUGGESTED ANSWER:TRUE. Under the Local GovernmentCode, there must be a prior valid anddefinite offer before expropriationproceeding can be initiated (Section 19,Local Government Code).Equal Protection; ResponsibleParenthood (2007)No.II. The City Mayor issues an ExecutiveOrderdeclaringthatthecitypromotesresponsible parenthood and upholdsnatural family planning. He prohibits allhospitals operated by the city fromprescribing the use of artificial methods ofcontraception, including condoms, pills,intrauterine devices and surgicalsterilization. As a result, poor women in hiscity lost their access to affordable familyplanning programs. Private clinics,however, continue to render familyplanning counsel and devices to payingclients.(a)IstheExecutiveOrderinanywayconstitutionally infirm? Explain.SUGGESTED ANSWER:TheExecutiveOrderisconstitutionallyinfirm. Under the 1987Constitution, theState shall defend the right of spouses to establish a family in accordance withtheir religious convictions and thedemands of responsibleparenthood. (Art.XV,Sec.3[1]).Byupholdingnaturalfamily planning and prohibiting cityhospitals from prescribing artificialmethods of contraception, the Mayor isimposing his religious beliefs on spouseswho rely on the services of cityhospitals. This clearly violates the abovesection of theConstitution.Moreover, the 1987 Constitution statesthat no person shall be denied the equalprotectionofthelaws.(Art. III,Sec.1).TheConstitutionalsoprovidesthatthe state shall promote a just anddynamic social order that will ensure theprosperity and independence of thenation and free the people from povertythrough policies that provideadequatesocialservices,promotefullemployment, a rising standard ofliving and an improved quality of life forall. (Art. II, Section 9). The loss of accessof poor city women to family planningprograms is discriminatory and createssuspect classification. It also goesagainst the demands of social justice asenshrined in the immediately precedingprovision.ALTERNATIVE ANSWER:The Executive Order is constitutionallyinfirm. It constitutes an invalid exerciseof police power and violates substantivedue process by depriving people of themeans to control their reproductiveprocesses. Moreover, since the nationalgovernment has not outlawed the use ofartificial methods ofcontraception, thenit would be against national policies. Inaddition, the Mayor cannot issuesuchExecutiveOrderwithoutanunderlying ordinance. (Moday v, Court ofAppeals, G.R. No. 107916, February 20,1997) Besides, the action of the Mayormay be in violation of a persons right toprivacy.c) May the Commission on Human Rightsorder the Mayor to stop the implementationof theExecutive Order? Explain.SUGGESTED ANSWER:No, the power of the Commission onHuman Rights (CHR) is limited to fact-finding investigations. Thus, it cannotissue an order to desist against themayor, inasmuch as the order prescindsfrom an adjudicatory power that CHRdoes not possess. (Simon v. Commissionon Human Rights, G.R. No. 100150,January 5, 1994; Cario v. Commissionon Human Rights, G.R. No. 96681,December 2, 1991.)

2008o.XVI. Nationwide protests have eruptedover rising gas prices, including disruptivedemonstrations in many universities,throughout the country. The Metro ManilaState University, a public university,adopted a university-wide circularprohibiting public mass demonstrationsand rallies within the campus. Offended bythe circular, militant students spread wordthat on the following Friday, all studentswere to wear black T-shirts as a symbol oftheir protest both against high gas pricesand the university ban on demonstrations.Theeffortwasonlymoderatelysuccessful,with around 30% of the students heedingthe call. Nonetheless, university officialswere outraged and compelled the studentleaders to explain why they should not beexpelled for violating the circular againstdemonstrations.Thestudentleadersapproachedyouforlegal advice. They contended that theyshould not be expelled since they did notviolate the circular, their protest actionbeing neither a demonstration nor a rallysince all they did was wear black T-shirts.What would you advise the students? (6%)SUGGESTED ANSWER:The wearing of black shirts is an exerciseof freedom of expression and notnecessarily freedom of assembly.Regardless of the distinction, in bothcases, the Constitutional guarantyincludes freedom from prior restraintand freedom from subsequent liability.There are three tests to determinewhether or not there was validgovernment interference: (1) dangeroustendency rule; (2) balancing of interesttest; and (3) clear and present dangertest. In the Philippine jurisdiction, weadhere to the clear and present dangertest (ABS-CBN Broadcasting Corp. vs.Comelec, G.R. No. 133486, Jan. 28,2000). This test simply means that thereis clear and present danger of asubstantive evil which the State has theright to prevent.Applying the clear and present dangertest, the protest conducted by thestudents was only moderately successfuland the wearing of black shirts wasneither tumultuous nor disruptive. Thus,the substantive evil which the schoolauthorities were trying to suppress didnot even occur. Therefore, theprohibition imposed by the circularviolates freedom from prior restraintwhile the threat of expulsion by theschool authorities violates freedom fromsubsequent liability.(2010)No. XIV. ABC operates an industrial wasteprocessing plant within Laoag City.Occasionally, whenever fluid substancesare released through a nearby creek,obnoxious odor is emitted causing dizzinessamong residents in Barangay La Paz. Oncomplaint of the Punong Barangay, the CityMayor wrote ABC demanding that it abatethe nuisance. This was ignored. Aninvitation to attend a hearing called by theSangguniang Panlungsod was also declinedby the president of ABC. The citygovernment thereupon issued a cease anddesist order to stop the operations of plant,prompting ABC to file a petition forinjunction before the RTC, arguing that thecity government did not have any power toabate the alleged nuisance. Decide withreasons.(3%)SUGGESTED ANSWER:The city government has no power tostop the operations of the plant. Sinceits operations is not a nuisance per se,the city government cannot abate itextrajudicially. A suit must be filed incourt. (AC Enterprises, Inc. vs. FrabelleProperties Corporation, 506 SCRA 625[2006]).

No.VII. Batas Pambansa 880, the PublicAssembly Law of 1985, regulates theconduct of all protest rallies in thePhilippines.(a) Salakay, Bayan! held a protest rally andplanned to march from Quezon City toLuneta in Manila. They received a permitfrom the Mayor of Quezon City, but notfrom the Mayor of Manila. They wereable tomarch in Quezon City and up to theboundary separating it from the City ofManila. Three meters after crossing theboundary, the Manila Police stopped themfor posing a danger to public safety. Wasthis a valid exercise of policepower?SUGGESTED ANSWER:Yes, the authorities are given the powerto stop marchers who do not possess apermit. However, mere exercise of theright to peaceably assemble is notconsidered as a danger to public safety.They could have been asked to dispersepeacefully, but it should not altogetherbe characterized as posing a danger topublic safety. (Bayan v. Ermita, G.R. No.169848, April 25, 2006; David v. Arroyo,G.R. No. 171390, May 3, 2006).ALTERNATIVE ANSWER:Since the protesters merely reachedthree meters beyond the boundary ofQuezon City, the police authorities inManila should not have stopped them, asthere was no clear and present danger topublic order. In accordance with thepolicy of maximum tolerance, the policeauthorities should have asked theprotesters to disperse and if theyrefused, the public assembly may bedispersed peacefully.

(b) The security police of the SouthernLuzon Expressway spotted a caravan of 20vehicles, with paper banners taped on theirsides and protesting graft and corruption ingovernment. They were driving at 50kilometers per hour in a 40-90 kilometersper hour zone. Some banners had beenblown off by the wind, and posed a hazardto other motorists. They were stopped bythe security police. The protesters thenproceeded to march instead, sandwichedbetween the caravan vehicles. They werealso stopped by the security force. May thesecurity police validly stop the vehicles andthemarchers?SUGGESTED ANSWER:Yes, the security police may stop thevehicles and the marchers but only toadvise the leaders to secure theirbanners so that it will not pose a hazardto others. They may not be preventedfrom heading to their destination. Themarchers may also be ordered to ride thevehicles so as not to inconvenienceother uses ofthe Expressway.ALTERNATIVE ANSWER:Yes. While the protesters possess theright to freely express themselves, theiractuations may pose a safety risk toother motorists and therefore be thesubject of regulation. The security policemay undertake measures to prevent anyhazard to other motorists but notaltogether prevent the exercise of theright. So, to that extent, while theprotesters maybe asked to remove thebanners which pose hazard to othermotorists and prevent them from usingthe expressway as a venue for theirmarch, the security force may notprevent them from proceeding to wherethey might want to go.No.XII.. The Mayor of San Jose Cityappointed his wife, Amelia, as CityTreasurerfromamongthree(3)employeesof the city considered for the said position.Prior to said promotion, Amelia had beenan Assistant City Treasurer for ten (10)years,thatis,evenbeforeshemarriedtheCity Mayor. Should the Civil ServiceCommission approve the promotionalappointment of Amelia? Why or why not?SUGGESTED ANSWER:The Civil Service Commission shoulddisapproved the promotionalappointment if at the time ofappointment Amelia is already marriedto the appointing authority, the Mayor,because it violates the rule on nepotismwhich prohibits the appointment ofrelatives by consanguinity or affinitywithin the third degree of theappointingauthority in public office. This is toensure that entrance to public officeshould be based on merits and fitness.The rule on nepotism also extends topromotionalappointment.However, if at the time of appoint theMayor and Amelia is not yet married andthereafter married each other, thepromotional appointment should remainas validappointment.2012No. VII. Mayor Pink is eyeing re-election inthe next mayoralty race. It was commonknowledge in the town that Mayor Pink willrun for re-election in the coming elections.ThedeadlineforfilingofCertificateofCandidacy (CoC) is on March 23 and thecampaign period commences the followingday. One month before the deadline, Pinkhas yet to file her CoC, but she has beengoing around town giving away sacks of ricewith the words "Mahal Tayo ni Mayor Pink"printed on them, holding public gatheringsand speaking about how good the town isdoing, giving away pink t-shirts with "KayMayor Pink Ako" printed on them. (a) Mr. Green is the political opponent ofMayor Pink. In April, noticing that MayorPink had gained advantage over himbecause of her activities before thecampaign period, he filed a petition todisqualify Mayor Pink for engaging in anelection campaign outside the designatedperiod.a.1. Which is the correct body to rule on thematter? Comelec en banc, or Comelecdivision? Answer with reasons. (2%)SUGGESTED ANSWER:It is the Commission on elections enbanc which should decide the petition.Since it involves the exercise of theadministrative powers of theCommission on Elections, Section 3,Article IX-C of the Constitution is notapplicable. (Baytan vs. Commission onElections, 396 SCRA 703.)a.2. Rule on thepetition. (5%)SUGGESTED ANSWER:The petition should be denied. UnderSection 80 of the Omnibus ElectionCode, to be liable for prematurecampaigning he must be a candidate.Unless he filed his certificate ofcandidacy, he is not a candidate. (Lanotvs. Commission on Elections, 507 SCRA114.)(b) Distinguish briefly between QuoWarranto in elective office and QuoWarranto in appointive office. (3%)SUGGESTED ANSWER:In quo warranto in elective office, theissue is the ineligibility of the electedcandidate. (Section 3(e), Rule 1, Rules ofProcedure in Election Cases.) If he isineligible, the candidate who got thesecond highest number of votes cannotbe proclaimed elected. (Sinsuat vs.Commission on Elections, 492 SCRA264.) A voter may file a petition for quowarranto against an elected candidate.The petition should be filed within tendays after the proclamation of theelected candidate.In quo warranto in appointive office, theissue is the legality of the appointment.Thecourtwilldecidewhobetweenthe parties has the legal title to theoffice. (Nachura, Outline Reviewer inPolitical Law, p.567.)It is the Solicitor General, a publicprosecutor, or a person claiming to beentitled to the public office can file apetition for quo warranto against anappointive official. (Section 2 and 5,Rule 66 of the Rules of Court.) ThePetition should be filed within one yearafter the cause of action accrued.(Section 11, Rule 66 of the Rules ofCourt.)2012

2010o. XVII. During his campaign sortie inBarangay Salamanca, Mayor Galicia wasarrested at a PNP checkpoint for carryinghigh-powered firearms in his car. He wascharged and convicted for violation of theCOMELEC gun ban. He did not appeal hisconviction and instead appliedfor executiveclemency. Acting on the favorablerecommendation of the Board of Pardonsand Parole, the President granted himpardon. Is he eligible to run against for anelective position?. Explain Briefly. (5%)SUGGESTED ANSWER:Mayor Galicia can run again for anelective office but not immediately.Under Section 40 of the LocalGovernment Code, he cannot run for anelective office within two (2) years afterserving sentence. Under Section 12 ofthe Omnibus Election Code, he can runfor an elective national office after theexpiration of five (5) years from hisservice of sentence. The pardon grantedto him is invalid. The offense involved aviolation of the Omnibus Election Codeand the pardon was granted without thefavorable recommendation of theCommission on Elections. (Section 5,Article IX-C of theConstitution).ALTERNATIVE ANSWER:No. Galicia is not eligible to run for anelective position because the executiveclemency is not valid and effectivebecause it was granted withconstitutional infirmity. TheConstitution requires recommendationfrom the COMELEC before the Presidentmay grant executive clemency foroffenses violating election laws.2008No.X. The 1stLegislative District of SouthCotabato is composed of General Santosand three municipalities includingPolomolok. During the canvassingproceedings before the District Board ofCanvassers in connection with the 2007congressional elections, candidate MPobjected to the certificate of canvass forPolomolok on the ground that it wasobviously manufactured, submitting asevidence the affidavit of mayoraltycandidate of Polomolok. The Certificate ofcanvass for General Santos was likewiseobjected to by MP on the basis of theconfirmed report of the local NAMFREL that10 elections returns from non-existentprecincts were included in the certificate.MP moved thatthe certificate of canvass forGeneral Santos be corrected to exclude theresults from thenon-existent precincts. TheDistrict Board of Canvassers denied bothobjections and ruled to include thecertificate of canvass. May MP appeal therulings to the COMELEC? Explain. (6%)SUGGESTED ANSWER:NO. COMELECs Jurisdiction over pre-proclamation cases pertains only toelections of regional, provincial and cityofficials.(Sec. 15, RA 7166)Nopre-proclamationcases in election of national officials. Forpurposes of the elections for President,V-President, Senator and Member of theHouse of Representatives, no pre-proclamation cases shall be allowed onmatters relating to the preparation,transmission, receipt, custody andappreciation of the election returns orthe certificates of canvass, as the casemay be.

2008No.IX. Abdul ran and won in the May 2001,2004, and 2007 elections for Vice-Governorof Tawi-Tawi. After being proclaimed Vice-Governor in the 2004 elections, hisopponent, Khalil, filed an election protestbefore the Commission on Election. Rulingwith finality on the protest, the COMELECdeclared khalil as the duly elected Vice-Governor though the decision waspromulgated only in 2007, when Abdul hadfully served his 2004-2007 term and was infact already on his 2007-2010 term as Vice-Governor.(a) Abdul now consults you if he can stillrun for Vice-Governor of Tawi-Tawi in theforthcoming May 2010 election on thepremise that he could not be considered ashaving served as Vice-Governor from 2004-2007 because he was not duly elected tothe post, as he assumed office merely aspresumptive winner and that presumptionwas later overturned when COMELECdecided with finality that had lost in theMay 2004 elections. What will be youradvice? (3%).SUGGESTED ANSWER:Will advice Abdul that he can no longerrun forVice-Governor in the forthcomingMay 2010 election because there is nointerruption of service of his 2004-2007term. He is considered to have alreadyserved and thereof it is counted in theconsecutiveness of his term of office.(Ong v. Alegre, Jan. 23, 2006).(b) Abdul also consults you whether hispolitical party can validly nominate his wifeas substitute candidate for Vice-Governor ofTawi-Tawi inMay 2010election incase theCOMELEC disqualifies him and denies duecourse to or cancels his certificate ofcandidacy in view of a false materialrepresentation therein. What will be youradvice? (3%)SUGGESTED ANSWER:I will advise him that his wife can be asubstitute if his wife is a member of thepolitical party and is certified by suchpolitical party that she is going tosubstitute abdul as candidate for Vice-Governor and that the substitution mustbe made within the prescribed periodprovided by law. Provided further thathis wife is eligible to hold public officemeaning she has all the qualificationsand none ofthe disqualifications.

2010No. XXII. Governor Diy was serving histhird term when he lost his governorship ina recall election.(a) Who shall succeed Governor Diy in hisoffice asGovernor?SUGGESTED ANSWER:The candidate who received the highestnumber of votes in the recall willsucceed Governor Diy (Section 72 of theLocal Government Code).(b) Can Governor Diy run again as governorin the next election?SUGGESTED ANSWER:Yes, because recall election is aninterruption of the consecutiveness ofthe term of office it cannot be counted.A recall election is a mid-way electionand the term is not completed when oneis conducted. The third term of GovernorDiy should not be included in computingthe the=ree-term limit. (Lonzanida vs.Commission onElections, 311 SCRA 602[1999]).(c) Can Governor Diy refuse to run in therecall election and instead resign from hisposition asgovernor?SUGGESTED ANSWER:Governor Diy cannot refuse to run in therecall election. He is automaticallyconsidered as a duly registeredcandidate. (Section 71, LocalGovernment Code).

2008No XI. On august 8, 2008, the Governor ofBohol died and Vice-Governor Cesarsucceeded him by operation of law.Accordingly, Benito, the highest rankingmember of the Sangguniang Panlalawiganwas elevated to the position of Vice-Governor. By the elevation of Benito to theOffice of Vice-Governor, a vacancy in theSangguniang Panlalawigan was created.How should the vacancy be filled?SUGGESTED ANSWER:(sec. 44-46, RA 7160)The vacancy shall be filled in thefollowing manner:1.If Benito is affiliated with apolitical party, the vacancy in theSangguiniang Panlalawigan shallbe filled by a nomination andcertificate of membership of theappointee from the highestofficial of the political party.(must be filled with someone whobelongs to the political party tomaintain the partyrepresentationas willed by the people in theelection).2.If Benito is not affiliated with apolitical party, the vacancy shallbe filled by the PRESIDENTthrough the executive secretary.2010No.XIII.c. Boundary disputes between andamong municipalities in the same provincemay be filedimmediate with the RTCSUGGESTED ANSWER:FALSE. Should be referred forsettlementto the SANGGUNIANG PANLALAWIGANconcerned (see. Sec. 118, RA No.7160;Municipality of Sta. Fe vs. Municipalityof Artao, 533 SCRA 586 [2007]).Confiscation of Drivers License; MMDA(2010)No.XIII.d. The MMDA is authorized toconfiscate a drivers license in theenforcement of trafficregulations.(0.5%)SUGGESTED ANSWER:False. Since Republic Act No. 7924 doesnot grant the Metropolitan manilaDevelopment Authority to enactordinances, the grant to it by Section5(f) of Republic Act No. 7924 of thepower to confiscate drivers licensewithout the need of any other law is anauthorized exerciseALTERNATIVE ANSWER:TRUE. The confiscation of driverslicense by MMDA is part of its executivefunction to enforce the law.Internal Revenue Allotment Fund (2007)No. VIII. The Provincial Governor ofBataan requested the Department ofBudget and Management (DBM) torelease its Internal Revenue Allocation(IRA) of P100 million for the currentbudget year. However, the GeneralAppropriations Act provided that theIRA may be released only if the provincemeets certain conditions as determinedby an Oversight Council created by thePresident.(a) Is thisrequirement valid?SUGGESTED ANSWER:No, this requirement is not valid. Underthe 1987 Constitution, it is providedthat local government units shall havea just share, as determined by law, in thenational taxes which shall beautomatically released to them. As heldin the case of Alternative Center forOrganizational Reforms andDevelopment, et.al. v. Zamora, G.R. No.144256 (June 08, 2005), a basic featureof local fiscal autonomy is the automaticrelease of the shares of LGUs in thenational internal revenue. The LocalGovernment Code specifies further thatthe release shall be made directly to theLGU concerned within five (5) days afterevery quarter of the year and shall notbe subject to any lien or holdback thatmay be imposed by the nationalgovernment for whateverpurpose.(b) The Provincial Governor is a party-mateof the President. May the BataanRepresentative instead file a petition tocompel the DBM torelease the funds?SUGGESTED ANSWER:Yes. A congressman from a particularLGU may validly have standing todemand that IRA for his province bereleased in accordance with theConstitution and the Local GovernmentCode. As a representative of hisprovince, he hasa responsibility towardshis constituencies who can expect noless than faithful compliance with theConstitution. Moreover, the issuepresented could be characterized asinvolving transcendental importance tothe people and the local governmentunits which had been guaranteed greaterlocal autonomy.Municipal Corporation; De facto vs.Estoppel (2010)No.XX Define/Explain(b) De factomunicipal corporationSUGGESTED ANSWER:DE FACTO MUNICIPAL CORPORATIONDe facto municipal corporation is apublic corporation that exists althoughit has not complied with the statutoryrequirements like:a.Authorization by a valid lawb.A colorable and bona fide attempt toorganize under a valid lawc.An assumption of powers conferredunder the lawIt primarily attends to the needs of thegeneral welfare.(c) Municipal corporation by estoppelsSUGGESTED ANSWER:MUNICIPAL CORPORATION BYESTOPPELS- A municipal corporation byestoppels is a corporation which is sodefectively formed as not to be a defacto corporation but is considered acorporation in relation to someone whodealt with it and acquiesced in itsexercise of its corporate functions orentered into a contract with it. (Martin,Public Corporations, 1985 ed.,p.20)Ordinance Validity; Disapproval (2009)No. III. The Municipality of Bulalakaw,Leyte, passed ordinance no. 1234,authorizing the expropriation of twoparcelsof land situated in the poblacion as the siteof a freedom park, and appropriating thefunds needed therefor. Upon review, theSangguniang Panlalawigan of Leytedisapproved the ordinance because themunicipality has an existing freedom parkwhich, though smaller in size, is stillsuitable for the purpose, and to pursueexpropriation would be needlessexpenditure of the peoples money. Is thedisapproval of the ordinance correct?Explain you answer. (2%).SUGGESTED ANSWER:The Local Government Unit can exercisethe power of eminent domain onlypursuant to an ordinance. Ordinancespassed by legislative body of amunicipality are subject to review by theSangguniang Panlalawigan. The reviewby the SP is only to determine whetheror not the ordinance is beyond the powerconferred upon the Sanguniang Bayan(Municipality). The SP will declare theordinance invalid if it goes beyond thepower granted to it.The power of eminent domain is grantedto the Municipality and it is within theircompetence to determine the necessityto expropriate private property for publicpurpose. This determination is notwithin the review powers of the SP.Therefore, the disapproval of theordinance is incorrect.Ordinance Validity; Regulation of DiscoPubs (2010)No. XXI The Sangguniang Panlungsod ofPasay City passed an ordinance requiringall disco pub owners to have all theirhospitality girls tested for the AIDS virus.Both disco pub owners and the hosptitalitygirls assailed the validity of the ordinancefor being violative of their constitutionalrights to privacy and to freely choose acalling or business. Is the ordinance valid?Explain.SUGGESTED ANSWER:The ordinance is a valid exercise ofpolice power. The right to privacy yieldsto certain paramount rights of the publicand defers to the exercise of policepower. The ordinance is not prohibitingthe disco pub owners and the hospitalitygirls from pursuing their calling orbusiness but is merely regulating it.(Social Justice Society vs. DangerousDrugs Board, 570 SCRA 410[2008]). Thisordinance is a valid exercise of policepower, because its purpose is tosafeguard public health. (Beltran vs.Secretary of Health, 476 SCRA 168[2005]).2010No.XIII.b. Re-classification of landby a localgovernment unit may be done through aresolution.SUGGESTED ANSWER:FALSE. Re-classification of land must bedone through an ORDINANCE ( Section2, Local Government Code; Departmentof Agrarian Reform vs. Polo CoconutPlantation Company, Inc., 564 SCRA78[2008]).2007No. II. The City Mayor issues an ExecutiveOrderdeclaringthatthecitypromotesresponsible parenthood and upholdsnatural family planning. He prohibits allhospitals operated by the city fromprescribing the use of artificial methods ofcontraception, including condoms, pills,intrauterine devices and surgicalsterilization. As a result, poor women in hiscity lost their access to affordable familyplanning programs. Private clinics,however, continue to render familyplanning counsel and devices to payingclients.(b) Is the Philippines in breach of anyobligation under international law?Explain.SUGGESTED ANSWER:The acts of the City Mayor may beattributed to the Philippines under theprinciple of state responsibility Article26 of the International Covenant onCivil and Political rights requires thatPhilippine law shall prohibit anydiscrimination and shall guarantee to allpersons equal and effective protectionagainst discrimination on any groundsuch as social origin, birth or otherstatus. The Executive Order of the CityMayor discriminates against poorwomen.VIII. May the power of cities to raiserevenues be limited by an executive order ofthe President? (1%)(A) Yes, because local governmentunits are under the administrativecontrol of the President through theDepartment of Interior and LocalGovernment.(B) No,because localgovernment unitsnow enjoy full local fiscalautonomy.(C) No, because only limitationsestablished by Congress can defineand limit the powers of localgovernments.(D) Yes, because the President has thepower and authority to imposereasonable restrictions on the power ofcities to raiserevenues.(E) Yes, if so provided in a city'scharter.SUGGESTED ANSWER:(C), Sec. 5, Article X of the 1987Constitution2013201216.TheruleinArticleV1,Section5(3)of the Constitution that "Eachlegislative district shall comprise, asfar as practicable, contiguous,compact and adjacent territory" is aprohibition against:a.re-apportionment;b.commandeeringof votes;c.gerrymandering;d.re-districting.SUGGESTED ANSWER:(c) Navarro vs. Ermita, 612 SCRA 13117.Article V1, Section 5(3) of theConstitution requires that for a cityto be entitled to have at least onerepresentative, its population shallbe at least:a.250,000;b.150,000;c.100,000;d.175,000.

2011(10) The city government filed a complaintfor expropriation of 10 lots to build arecreational complex for the members of thehomeowners' association of Sitio Sto.Tomas,themostpopulatedresidentialcompound in the city. The lot ownerschallenged the purpose of theexpropriation. Does the expropriation havea valid purpose?(A) No, because not everybody usesa recreationalcomplex.(B)No,becauseitintendstobenefit a private organization.(C) Yes, it is in accord with thegeneral welfare clause(D) Yes, it serves the well-being ofthe local residents.

201135) Alfredo was elected municipal mayorfor 3 consecutive terms. During his thirdterm, the municipality became a city.Alfredo ran for city mayor during the nextimmediately succeeding election. Voltairesought his disqualification citing the 3termlimit for elective officials. Will Voltaire'saction prosper?(A) No, the 3 term limit should notapply to a person who is running fora new position title.(B) Yes, the 3 term limit appliesregardless of any voluntary orinvoluntary interruption in theservice of the local elective official. (C)Yes,the3termlimituniformly applies to the office ofmayor, whether for city ormunicipality.(D) No, the 3 term limit should notapply to a local government unitthat has assumed a differentcorporateexistence.

2011(48) An ordinance prohibits "notoriousstreet gang members" from loitering inpublic places. The police are to dispersethem or, if they refuse, place them underarrest. The ordinance enumerates whichpolice officers can make arrest and definesstreet gangs, membership in them, andpublic areas. The ordinance was challengedfor being vague regarding the meaning of"notorious street gang members." Is theordinance valid?(A)No,itleavesthepublicuncertain as to what conduct itprohibits.(B) No, since it discriminatesbetween loitering in public placesand loitering inprivate places.(C) Yes, it provides fair warning togang members prior to arrestregarding their unlawful conduct.(D) Yes, it is sufficiently clear for thepublic to know what acts itprohibits.

2011(61) Adela served as Mayor of Kasim for 2consecutive terms. On her third term,COMELEC ousted her in anelection protestthat Gudi, her opponent, filed against her.Twoyearslater,Gudifacedrecallproceedings and Adela ran in the recallelection against him. Adela won and servedas Mayor for Gudi's remaining term. CanAdela run again for Mayor in the nextsucceeding election without violating the 3term limit?(A) No, she won the regularmayoralty election for twoconsecutive terms and the recallelection constitutes her third term.(B) A. No, she already won themayoralty election for 3 consecutiveterms.(C) Yes, her ouster from office inher third term interrupted thecontinuity of her service asmayor.(D) Yes, the fresh mandate given herduring the recall election erased herdisqualification for a third term.2011(81) Anton was the duly elected Mayor ofTunawiinthelocalelectionsof2004.Hegot 51% of all the votes cast. Fourteenmonths later, Victoria, who also ran formayor, filed with the Local ElectionRegistrar, a petition for recall againstAnton. The COMELEC approved thepetition and set a date for its signing byother qualified voters in order to garner atleast 25% of the total number of BarExamination Questionnaire for Political LawSet A registered voters or total number ofthose who actually voted during the localelection in 2005, whichever is lower. Antonattacked the COMELEC resolution for beinginvalid. Do you agree with Anton?(A) No, the petition, though initiatedby just one person, may be ratifiedby at least 25% of the total numberof registered voters.(B) No, the petition, though initiatedby just one person may be ratifiedby at least 25% of those whoactually voted during the 2004 localelections.(C) Yes, the petition should beinitiated by at least 25% of the totalnumber of registered voters whoactually voted during the 2004 localelections.(D)Yes,thepetitionshouldbeinitiated by at least 25% of thetotal number of registered votersof Tunawi.