justice means that the State should assist the
underprivileged. Without such help, they might not be
NATIONAL TERRITORY able to secure justice for themselves. Since the
provision on social justice in the 1987 Constitution
covers all phases of national development, it is not
limited to the removal of socio-economic inequities
Bar Question but also includes political and cultural inequities. The
Q: A law was passed dividing the Philippines into 1987 Constitution elaborated on the concept of social
3 regions (Luzon, Visayas, Mindanao), each justice by devoting an entire article, Article XIII, to it.
constituting an independent state except on (b) In Calalang vs. Williams, et. al., 70 Phil. 726, social
matters of foreign relations, national defense and justice was defined as “neither communism nor
national taxation, which are vested in the Central despotism, nor atomism, nor anarchy, but the
government. humanization of laws and the equalization of social
Is the law valid? Explain. and economic forces by the State so that justice in its
rational and objectively secular conception may at
A: The law dividing the Philippines into 3 regions, least be approximated. Social justice means the
each constituting an independent state and vesting in promotion of the welfare of all the people, the
a central government matters of foreign relations, adoption by the government of measures calculated
national defense and national taxation, is to insure economic stability of all the competent
unconstitutional. First, it violates Art. I, which elements of society, through the maintenance of a
guarantees the integrity of the national territory of the proper economic and social equilibrium in the
Philippines because it divided the Philippines into 3 interrelations of the members of the community.
states. Second, it violates Sec. 1, Art. II of the
Constitution, which provides for the establishment of Bar Question
democratic and republic States by replacing it with 3 Q: Does the 1987 Constitution provide for a policy of
States organized as a confederation. Third, it violates transparency in matters of public interest? Explain.
Sec. 22, Art. II of the Constitution, which, while
recognizing and promoting the rights of indigenous A: Yes, the 1987 Constitution provides for a policy of
cultural communities, provides for autonomous transparency in matters of public interest. Section 28, Article II
regions in Muslim Mindanao and in the Cordilleras of the 1987 Constitution provides:
within the framework of national sovereignty as well
as territorial integrity of the Republic of the “Subject to reasonable conditions prescribed by law,
Philippines. Fifth, it violates the sovereignty of the the sate adopts and implements a policy of full disclosure of all
Republic of the Philippines. its transactions involving public interest.”
Section 7, Article III of the 1987 Constitution states:
“The right of the people to information on matters of
Bar Question public concern shall be recognized. Access to official records,
Q: Are government-owned or controlled and to documents, and papers pertaining to official acts,
corporations within the scope and meaning of the transactions, or decisions, as well as to government research
“Government of the Philippines?” data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by
A: Sec. 2 of the Introductory Provision of the law.”
Administrative Code of 1987 defines the government
of the Philippines as the corporate governmental Section 20, Article VI of the 1987 Constitution reads:
entity through which the functions of government are
exercised throughout the Philippines, including, same “The records and books of account of the Congress
as the contrary appears from the context, the various shall be preserved and be open to the public in accordance
arms through which political authority is made with law, and such books shall be audited by the Commission
effective in the Philippines, whether pertaining to the on Audit which shall publish annually an itemized list of
autonomous regions, the provincial, city, municipal or amounts paid to and expenses incurred for each member.”
barangay subdivisions or other forms of local
government. Under Section 17, Article XI of the 1987 Constitution,
Government-owned or controlled corporations are the sworn statement of assets, liabilities and net worth of the
within the scope and meaning of the Government of President, the Vice-President, the Members of the Cabinet ,
the Philippines if they are performing governmental or the Congress, the Supreme Court, the Constitutional
political functions. Commission and other constitutional offices, and officers of the
armed forces with general or flag rank filed upon the
assumption of office shall be disclosed to the public in the
DECLARATION OF PRINCIPLES AND STATE manner provided by law.
Section 21, Article XII of the Constitution declares:
Q: “Information on foreign loans obtained or guaranteed
(a) Discuss the concept of social justice by the government shall be made available to the public.”
under the 1987 Constitution.
As held in Valmonte vs. Belmonte, G.R. No. 74930, Feb.
(b) How does it compare with the old 13, 1989, these provisions on public disclosures are intended
concept of social justice under the 1973 to enhance the role of the citizenry in governmental decision-
Constitution? Under the 1935 making as well as in checking abuse in government.
A: GRANT OF EMERGENCY POWERS TO THE PRESIDENT
(a) Section 10, Article II of the 1987 Constitution
provides, “The State shall promote social Bar Question
justice in all phases of national
development”. As stated in Marquez vs.
Secretary of Labor, 171 SCRA 337, social
Q: During a period of national emergency, known as the pork barrel, and because of this Congress
Congress may grant emergency powers to the does not pass the budget.
President. State the conditions under which such
vesture is allowed. (a) Will that mean paralization of government
operations in the next fiscal year for lack of
A: Under Section 23(2), Article VI of the Constitution, an appropriation law?
Congress may grant the President emergency powers (b) Suppose in the same budget, there is a
subject to the following conditions: special provision in the appropriations for
the Armed Forces authorizing the Chief of
1. There is a war or other national Staff, AFP, subject to the approval of the
emergency: Secretary of National Defense, to use savings
2. The grant of emergency powers in the appropriations provided therein to
must be for a limited period: cover up whatever financial losses suffered
3. The grant of emergency powers is by the AFP Retirement and Separation
subject to such restrictions as Benefits System (RSBS) in the last five (5)
Congress may prescribe: and years due to alleged bad business judgment.
4. The emergency powers must be Would you question the
exercised to carry out a declared constitutionality/validity of the special
national policy. provision?
LEGISLATIVE POWER (a) No, the failure of congress to pass the budget will
not paralyze the operations of the Government.
Q: Are the following bills filed in Congress Section 25(7), Article VI of the Constitution
(a) A bill originating from the Senate,
which provides for the creation of the “If, by the end of any fiscal year, the
Public Utility Commission to regulate Congress shall have failed to pass the general
public service companies and appropriations bill for the ensuing fiscal year, the
appropriating the initial funds needed general appropriations law for the preceding
to establish the same. Explain. fiscal year shall be deemed reenacted and shall
(b) A bill creating a joint legislative- remain in force and effect until the general
executive commission to give, on appropriations bill is passed by the Congress.
behalf of the Senate, its advice, (b) Yes, the provision authorizing the Chief of Staff,
consent and concurrence to treaties with the approval of the Secretary of National
entered into by the President. The Defense, to use savings to cover the losses
bill contains the guidelines to be suffered by the AFP Retirement and Separation
followed by the commission in the Benefits System is unconstitutional.
discharge of its functions. Explain.
Section 25(5), Article VI of the Constitution
(a) A bill providing for the creation of the
Public Utility Commission to regulate “No law shall be passed authorizing any
public service companies and transfer of appropriations; however, the
appropriating funds needed to establish President, the President of the Senate, the
it may originate from the Senate. It is Speaker of the House of Representatives, the
not an appropriation bill, because the Chief Justice of the Supreme Court, and the
appropriation of public funds is not the heads of Constitutional Commissions may, by
principal purpose of the bill. In law, be authorized to augment any item in the
Association of Small Landowner of the general appropriation law for their respective
Philippines, Inc. vs. Secretary of offices from savings in other items of their
Agrarian Reform, 175 SCRA 343, it was respective appropriations.”
held that a law is not an appropriation
measure if the appropriation of public In Philippine Constitution vs. Enriquez, 235
funds is not its principal purpose and the SCRA 506, 544, the Supreme Court held that a
appropriation is only incidental to some provision in the General Appropriation Act
other objective. authorizing the Chief of Staff to use savings to
(b) A bill creating a joint legislative- augment the funds or the AFP Retirement and
executive commission to give, on behalf Separation Benefits Systems was
of the Senate, its advice, consent and unconstitutional.
concurrence to treaties entered into by
the President is unconstitutional. The “While Section 25(5) allows as an exception
Senate cannot delegate this function to the realignment of savings to augment items in
such a commission, because under the general appropriations law for the executive
Section 21, Article VII of the branch, such right must and can be exercised
Constitution, the concurrence of at least only by the President pursuant to a specific law.”
two-thirds of Senate itself is required for
the ratification of treaties. Bar Question
Q: Explain how the automatic appropriation of public
funds for debt servicing can be reconciled with Article VI,
POWER OF APPROPRIATION Section 29(1) of the constitution. Said provision says that
“no money shall be paid out of the Treasury except in
Bar Question pursuance of an appropriation made by law”.
Q: Suppose the President submits a budget
which does not contain provisions for CDF A: As stated in Guingona vs Carague, 196 SCRA 221, the
(Countrywide Development Funds), popularly presidential decrees providing for the appropriation of funds to
pay the public debt do not violate Section 29(1), Article VI of
the Constitution. They provide for a continuing are not otherwise provided by law; and
appropriation, there is no constitutional prohibition (a.5) Those whom he may be authorized by
against this. The presidential decrees appropriate as law to appoint.
much money as is needed to pay the principal, (b) According to Sarmiento vs. Mison, 156 SCRA
interest, taxes and other normal banking charges on 549, the only officers whose appointments need
the loan. Although no specific amounts are confirmation by the Commission on
mentioned, the amounts are certain because they can Appointments are the head of executive
be computed from the books of the national Treasury. departments, ambassadors, other public
ministers and consuls, officers of the armed
Bar Question forces from the rank of colonel or naval captain,
Q: Upon request of a group of overseas contract and other officials whose appointments are
workers in Brunei, Rev. Father Juan de la Cruz, a vested in the President by the Constitution.
Roman Catholic priest, was sent to that country (c) Under Section 20, Article VII of the Constitution,
by the President of the Philippines to minister to the power of the President to contract or
their spiritual needs. The travel expenses, per guarantee loans on behalf of the Republic of the
diems, clothing allowance and monthly stipend of Philippines is subject to the prior concurrence of
P5, 000.00 were ordered charged against the the Monetary Board and subject to such
President’s discretionary fund. Upon post audit limitations as may be prescribed by law.
of the vouchers therefor, the Commission on (d) According to Section 28(2), Article VI of the
Audit refused approval thereof claiming that the Constitution, Congress may, by law, authorize
expenditures were in violation of the Constitution. the President to fix within specified limits, and
Was the Commission on Audit correct in subject to such limitations and restrictions it may
disallowing the vouchers in question? impose, tariff rates, import and export quotas,
tonnage and wharfage dues and other duties or
A: Yes, the Commission on Audit was correct in imposts within the framework of the national
disallowing the expenditures, Section 29(2), Article VI development program of the Government.
of the Constitution prohibits the expenditure of public
funds for the use, benefit or support of any priest.
The only exception is when the priest is assigned to LEGAL STANDING
the armed forces, or to any penal institution, or
government orphanage or leprosarium. The sending Bar Question
of a priest to minister to the spiritual needs of Q: When the Marcos administration was toppled by the
overseas contract workers does not fall within the revolutionary government, the Marcoses left behind
scope of any of the exceptions. several Old Masters’ paintings and antique silverware said
to have been acquired by them as personal gifts.
Negotiations were then made with Ellen Layne of London
APPOINTING POWER OF THE PRESIDENT for their disposition and sale at public auction. Later, the
government entered in a “Consignment Agreement”
Bar Question allowing Ellen Layne of London to auction off the subject
Q: art pieces. Upon learning of the intended sale, well-known
(a) What are the six categories of artists, patrons and guardians of the arts of the
officials who are subject to the Philippines filed a petition in court to enjoin the sale and
appointing power of the President? disposition of the valued items asserting that their cultural
(b) Name the category or categories of significance must be preserved for the benefit of the
officials whose appointments need Filipino people.
confirmation by the Commission on
Appointments? (a) Can the court take cognizance of the case?
(c) What are the restrictions prescribed (b) What are the requisites for a taxpayer’s suit
by the Constitution on the power of to prosper?
the President to contract or
guarantee foreign loans on behalf of A:
the Republic of the Philippines? (a) No, the court cannot take cognizance of the
Explain. case. As held in Joya vs. Presidential
(d) What are the limitation/restriction Commission on Good Government, 225 SCRA
provided by the Constitution on the 569, since the petitioners were not the legal
power of Congress to authorize the owners of paintings and antique silverware, they
President to fix tariff rates, import had no standing to question their disposition.
and export quotas, tonnage and Besides, the paintings and the antique silverware
wharfage dues. Explain. did not constitute important cultural properties or
national cultural treasures, as they had no
A: exceptional historical and cultural significance to
(a) Under Section 16, Article VII of the the Philippines.
Constitution, the six categories of (b) According to Joya vs. Presidential Commission
officials who are subject to the on Good government, 225 SCRA 568, for a
appointing power of the President are taxpayer’s suit to prosper, four requisites must be
the following: considered: (1) the question must be raised by
(a.1) Head of executive the proper party: (2) there must be an actual
departments; controversy; (3) the question must be raised at
(a.2) Ambassadors, other public the earliest possible opportunity: and (4) the
ministers and consuls; decision on the constitutional or legal question
(a.3) Officers of the armed forces must be necessary to the determination of the
from the rank of colonel or naval case. In order that a taxpayer may have
captain; standing to challenge the legality of an official act
(a.3) Other officers whose of the government, the act being questioned
appointments are vested in him by must involve a disbursement of public funds upon
the Constitution; the theory that the expenditure of public funds for
(a.4) All other officers of the an unconstitutional act is a misapplication of such
government whose appointments
funds, which may be enjoined at the (a) According to Section 1, Article VIII of the 1987
instance of a taxpayer. Constitution, judicial power is vested in one
Supreme Court and in such lower courts as may
be established by law. It includes the duty of the
JUDICIAL POWER courts of justice to settle actual controversies
involving rights which are legally demandable
Bar Question and enforceable, and to determine whether or not
Q: Judicial power as defined in Section 1, 2 there has been a grave abuse of discretion
par., Article VIII, 1987 Constitution, now “includes amounting to lack or excess of jurisdiction on the
the duty of the Courts of Justice to settle actual part of any branch or instrumentality of the
controversies involving rights which are legally Government.
demandable and enforceable, and to determine (b) No, the motion should not be granted. Section
whether or not there has been a grave abuse of 15(4), Article VIII of the 1987 Constitution
amounting to lack of excess of jurisdiction on the provides:
part of any branch or instrumentality of the
Government.” This definition is said to have “Despite the expiration of the applicable
expanded the power of the judiciary to include mandatory period, the court, without
political questions formerly beyond its prejudice to such responsibility as may have
jurisdiction. been incurred in consequence thereof, shall
(a) Do you agree with such as decide or resolve the case or matter
interpretation of the constitutional submitted thereto for determination, without
definition of judicial power that further delay.”
would authorize the courts to review
and, if warranted, reverse the
exercise of discretion by the political POWER OF LEGISLATIVE INVESTIGATION
departments (executive and
legislative) of the government, Bar Question
including the Constitutional Q:
Commissions? Discuss fully. A case was filed before the Sandiganbayan
(b) In your opinion, how should such regarding a questionable government transaction. In the
definition be construed so as not to course of the proceedings, newspaper linked the name of
erode considerably or disregard Senator J. de Leon to the scandal.
entirely the existing “political Senator de Leon took the floor of the Senate to
question” doctrine? Discuss fully. speak on a “matter of personal privilege” to vindicate his
honor against those “baseless and malicious” allegations.
A: The matter was referred to the Committee on
Accountability of Public Officers, which proceeded to
(a) Yes, the second paragraph of Section 1, conduct a legislative inquiry. The Committee asked Mr.
Article VIII of the 1987 Constitution has Vince Ledesma, a businessman linked to the transaction
expanded the power of the judiciary to and now a respondent before the Sandiganbayan, to
include political questions. This was not appear and to testify before the Committee.
found in the 1935 and the 1973 Mr. Ledesma refuses to appear and file suit before
Constitution. Precisely, the framers of the Supreme Court to challenge the legality of the
the 1987 constitution intended to widen proceedings before the Committee. He also asks whether
the scope of judicial review. the Committee had the power to require him to testify.
(b) As pointed out in Marcos vs. Identify the issues involved and resolve them.
Manglapus, 177 SCRA 668, so as not to
disregard entirely the political question A:
doctrine, the extent of judicial review The issues involved in this case are the following:
when political questions are involved (a) Whether or not the Supreme court has
should be limited to a determination of jurisdiction to entertain the case;
whether or not there has been a grave (b) Whether or not the Committee on
abuse of discretion amounting to lack or Accountability of Public Officers has the
excess of jurisdiction on the part of the power to investigate a matter which is
official whose act is being questioned. If involved in a case pending in court; and
grave abuse of discretion is not shown, (c) Whether or not the petitioner can invoke his
the courts should not substitute their right against self-incrimination.
judgment for that of the official
concerned and decide a matter which All these issues were resolved in the case of Bengzon
by its nature or by law is for the latter vs. Senate Blue Ribbon Committee, 203 SCRA 767.
alone to decide.
The Supreme Court has jurisdiction over the case
Bar Question because it involves the question of whether or not the
Q: Committee on Accountability of Public Officers has the power
(a) Where is judicial power vested? to conduct the investigation. Under Section 1, Article VIII of
What are included in such power? the Constitution, judicial power includes the duty of the courts
(b) Despite the lapse of 4 months from to determine whether or not any branch of the government is
the time that the trial was terminated acting with grave of abuse of discretion amounting to lack of
and the case submitted for decision, jurisdiction.
the trial court failed to decide the
case. The defense counsel moved to The Committee on Accountability of Public Officers
dismiss the case on the ground that has no power to investigate the scandal. Since the scandal is
after the lapse of 90 days, the court involved in a case pending in court, the investigation will
had lost jurisdiction to decide the encroach upon the exclusive domain of the court. To allow the
case. Should the motion be investigation will create the possibility of conflicting judgments
granted? between the committee and the court. If the decision of the
committee were reached before e that of the court, it might
A: influence the judgment of the court.
6. A retired Justice of the Supreme Court;
The petitioner can invoke his right against and
self-incrimination, because this right is available in all 7. A representative of the private sector.
proceedings. Since the petitioner is a respondent in (Section 8(1), Article VIII of the
the case pending before the Sandiganbayan, he may Constitution)
refuse to testify.
The term of office of the regular members is
four (4) years. (Section 8(2), Article VIII of
EN BANC/DIVISION CASES the Constitution)
Bar Question (d) Under Section 3, Article VIII of the Constitution,
Q: the fiscal autonomy of the Judiciary means that
(a) Enumerate the cases required by the appropriations for the Judiciary may not be
Constitution to be heard en banc by reduced by the legislature below the amount
the Supreme Court? appropriated for the previous year and, after
(b) What does it mean when a Supreme approval, shall be automatically and regularly
Court Justice concurs in a decision released.
pro hac vice?
(c) What is the composition of the In Bengzon vs. Drilon, 208 SCRA 133, the
Judicial and Bar Council and the Supreme Court explained that fiscal autonomy
term of office of its regular contemplates a guarantee of full flexibility to
members? allocate and utilize resources with the wisdom
(d) What do you understand by the and dispatch that the needs require. It
mandate of the Constitution that the recognizes the power and authority to deny,
judiciary shall enjoy fiscal autonomy assess and collect fees, fix rates of
cite the constitutional provisions compensation not exceeding the highest rates
calculated to bring about the authorized by law for compensation and pay
realization of the said constitutional plans of the government and allocate and
mandate. disburse such sums as may be provided by law
or prescribed by it in the course of the discharge
A: of its functions.
(a) The following are the cases required by
the Constitution to be heard en banc by .
the Supreme Court: DOCTRINE OF STATE IMMUNITY
1. Cases involving the Bar Question
constitutionality of a treaty, Q:
international or executive (a) What do you understand by state immunity
agreement, or law; from suit? Explain.
2. Cases which under the Rules (b) How may consent of the state to be sued be
of Court are required to be given? Explain.
heard en banc. (c) The employees of the Philippine Tobacco
3. Cases involving the Administration (PTA) sued to recover
constitutionality, application, or overtime pay. In resisting such claim, the
operation of presidential PTA theorized that it is
decrees, proclamations, performing governmental functions. Decide
orders, instructions, and explain.
ordinances, and other (d) The Province of X required the National
regulations; Development Company to pay real estate
4. Cases heard by a division taxes on the land being occupied by NDC and
when the required majority is the latter argued that since it is a
not obtained; government-owned corporation, its
5. Cases where a doctrine or properties are exempt from real estate taxes.
principle of law previously laid If you were the Judge, how would you decide
down will be modified or the case? Reason out.
6. Administrative cases against A:
judges when the penalty is
dismissal; and (a) State immunity from suit means that the State
7. Election contests for President cannot be sued without its consent. A corollary
or Vice-President. of such principle is that properties used by the
State in the performance of its governmental
(b) When a decision is pro hac vice, it functions cannot be subject to judicial execution.
means the ruling will apply to this (b) Consent of the State to be sued may be made
particular case only. expressly as in the case of a specific, express
(c) The Judicial and Bar Council is provision of law as waiver of State immunity from
composed of the following: suit is not inferred lightly or impliedly as when the
State engages in proprietary functions or when it
1. The Chief Justice as ex officio files a suit in which case the adverse party may
chairman; file a counter-claim or when the doctrine would in
2. The Secretary of Justice as ex effect be used to perpetuate an injustice.
officio member; (c) As held in Philippine Virginia Tobacco
3. A representative of Congress Administration vs. Court of Industrial Relations,
as ex officio member; 65 SCRA 416, the Philippine Tobacco
4. A representative of the Administration is not liable for overtime pay,
Integrated Bar; since it is performing governmental functions.
5. A professor of law; Among its purposes are to promote the effective
merchandising of tobacco so that those engaged
in the tobacco industry will have Sovereign king awarded Governor A with a decoration of
economic security, to stabilize the price honor and gifted him with a gold ring of insignificant
of tobacco, and to improve the living monetary value, both of which he accepted.
and economic conditions of those Was Governor A’s acceptance of the decoration
engaged in the tobacco industry. and gift violative of the Constitution?
(d) In National Development Company vs.
Cebu City, 215 SCRA 382, the Supreme Answer:
court held that the National Yes, it violated Section 8, Article IX-B of the
Development company was not liable Constitution. For his acceptance of the decoration of honor and
for real estate tax on the property the gold ring from the Government of Cambodia to be valid.
belonging to the government which it Governor A should first obtain the consent of Congress.
occupy. However, Section 234 lf the
Local Government code subsequently Bar Question
withdrew the exemption from real
property taxes of government-owned or
controlled corporations. If I were the Q: 1) A, an associate justice of the Supreme Court reach
Judge, I would hold the National the age of seventy on July 1, 1996. there was a case
Development Company liable for real calendared for deliberation on that day where the vote of A
estate taxes. was crucial.
Can A hold over the position and participate in
Bar Question deliberation of the case on July 1, 1996? Explain.
Q: It is said that “waiver of immunity by the State
does not mean a concession of its liability”. What 2) A, an employee of the National Treasurer,
are the implications of this phrase? retired on January 10, 1996. before she could collect her
retirement benefits, the National Treasurer discovered that
A: The phrase that waiver of immunity by the State A had been negligent in the encashment of falsified
does not mean a concession of liability means that by treasury warrants. It appears, however, that A had
consenting to be sued, the State does not necessarily received all money and property clearances from the
admit it is liable. As stated in Philippine Rock National Treasurer before her retirement.
Industries, inc. vs. Board of Liquidators, 180 SCRA Can the National Treasurer withhold the
171, in such a case the State is merely giving the retirement of A pending determination of her negligence in
plaintiff a chance to prove that the State is liable but the encashment of the falsified treasury warrants?
the State retains the right to raise all lawful defenses. Explain.
Bar Question Answer:
Q: The Municipality of Antipolo, Rizal, 1) No, A cannot hold over his position as Associate
expropriated the property of Juan Reyes for use Justice of the Supreme Court and participate in
as a public market. The Municipal council the deliberations of the case on July 1, 1996.
appropriated P1, 000,000.00 for the purchase of under Section 11, Article VIII of the Constitution,
the lot but the Regional Trial Court, on the basis Members of the Supreme Court hold office until
of the evidence, fixed the value at P2, 000,000.00. they reach the age of seventy years or become
incapacitatd to discharge their duties.
(a) What legal action can Juan Reyes Constitutional officers whose terms are fixed by
take to collect the balance? the Constitution have no right to hold over their
(b) Can Juan Reyes and the Regional positions until their successors shall have been
Trial Court to garnish the appointed and qualified unless otherwise
Municipality’s account with the Land provided in the Constitution. (Mechem, A Treaties
Bank? on the Law of Public Offices and Officers, p. 258)
A: 2) In accordance with Tantuico v. Domingo, 230
SCRA 391 and Cruz v. Tantuico, 166 SCRA 670,
(a) To collect the balance of judgment, as the National Treasurer cannot withhold the
stated in Tan Toco vs. Municipal payment of the retirement benefits of A pending
Counsel of Iloilo, 49 Phil. 52, Juan determination of her liability for negligence in the
Reyes may levy on patrimonial encashment of the falsified treasury warrants,
properties of the Municipality of because her retirement benefits are exempt from
Antipolo. If it has no patrimonial execution.
properties, in accordance with the
Municipality of Makati vs. Court of
Appeals, 190 SCRA 206, the remedy of Bar Question
Juan Reyes is to file a petition for
mandamus to compel the Municipality
of Antipolo to appropriate the necessary Q: A Commission on Elections (COMELEC) resolution
funds to satisfy the judgment. provides that political parties supporting a common set of
(b) Pursuant to the ruling in Pasay City candidates shall be allowed to purchase jointly air time
Government vs. Court of First Instance and the aggregate amount of advertising space purchased
of manila, 132 SCRA 156, since the for campaign purposes shall not exceed that allotted to
Municipality of Antipolo has appropriate other political parties or groups that nominated only one
P1,000,000.00 to pay for the lot, its set of candidates. The resolution is challenged as a
bank account may be garnished bur up violation of the freedom of speech and of the press. Is the
to this amount only. resolution constitutionally defensible? Explain.
Bar Question Yes, the resolution is constitutionally defensible.
Under Section 4, Article IX-C of the 1987 Constitution, during
Q: A, while an incumbent Governor of his the election period the Commission on Elections may
province, was invited by the Government of supervise or regulate the media of communication or
Cambodia as its official guest. While there the information to ensure equal opportunity, time, and space
among candidates with the objective of holding free,
orderly, honest, peaceful and credible elections. To Alternative Answer:
allow candidates which are supported by more than Neither Jose Reyes nor Vicente Estrada has a better
one political party to purchase more air time and right to be appointed City Engineer. As held in Barrozo v. CSC,
advertising space than candidates supported by one 198 SCRA 487, the appointing authority is not required to
political party only will deprive the latter of equal time appoint the one next-in-rank- to fill a vacancy. He is allowed to
and space in the media. fill it also by the transfer of an employee who possesses civil
No. although the expenditure limitation 2) According to the ruling in Medalla v. Sto. Tomas,
applies only to the purchase of air time, thus leaving 208 SCRA 351, the Civil Service Commission cannot dictate to
political parties free to spend for other forms of the appointing power whom to appoint. Is function is limited to
campaign, the limitation nonetheless results in a determining whether or not the appointee meets the minimum
direct and substantial reduction of the quantity of qualification requirements prescribed for the position.
political speech by restricting the number of issues Otherwise, it would be encroaching upon the discretion of the
that can be discussed, the depth of appointing power.
their discussion and the size of the audience that can Bar Question
be reached, through the broadcast media. Since the
purpose of the Free Speech Clause is to promote the Q: The Constitution distinguishes between two types of
widest possible dissemination of information, and the owned and/or controlled corporations: those with original
reality is that to do this requires the expenditure of charters and those which are subsidiaries of such
money, a limitation on expenditure of money, a corporations. In which of the following rule/rules is such a
limitation on expenditure for this purpose cannot be distinction made? Consider each of the following items
justified, not even for the purpose of equalizing the and explain briefly your answer, citing pertinent
opportunity of political candidates. This is the ruling in provisions of the Constitution.
Buckley, v. Valeo, 424 U.S. 1 (1976), which
invalidated a law limiting the expenditures of 1. The rule prohibiting the appointment to certain
candidates for campaigning in the United States. In government positions, of the spouse and relatives
the Philippines, a provision of the Tanada- Singson of the President within the fourth degree of
Law, limiting the period for campaigning, was nearly consanguinity or affinity. (2%)
invalidated on this same principle, except that the
majority of court lacked one more vote to make their 2. The rule making it incompatible for members of
decision effective. (See Gonzalez v. Comelec, 27 Congress to hold offices or employment in the
SCRA 835(1969). government. (2%)
3. The rule prohibiting members of the
Q: Pedro Cruz, the City Engineer of Baguio, Constitutional Commissions, during their tenure,
retired. To fill the vacant position, the City Mayor to be financially interested in any contract with or
appointed Jose Reyes, a civil engineer who any franchise or privilege granted by the
formerly worked under Cruz but had been government. (2%)
assigned to the Office of the Mayor for the past
five years. 4. The rule providing for post audit by the COA of
Vicente Estrada, the Assistant City certain government agencies. (2%)
Engineer filed a protest with the Civil Service
Commission claiming that being the officer next
in rank he should have been appointed as City
Engineer. 5. The rule requiring Congress to provide for the
1) Who has a better right to be standardization of compensation of government officials
appointed to the contested position? and employees. (2%)
2) Can the Civil Service Commission
revoke an appointment by the
appointing power and direct the SUGGESTED ANSWER:
appointment of an individual of its
choice? 1. Section 13, Article VII of the Constitution, which prohibits the
President from appointing his spouse and relatives within the
Answer: fourth degree of consanguinity or affinity does not distinguish
1) On the assumption that Jose Reyes between government corporations with original charters and
possesses the minimum qualification requirements their subsidiaries, because the prohibition applies to both.
prescribed by law for the position, the appointment
extended to him is valid. Consequently, he has a 2. Section 13, Article VII of the Constitution, which prohibits
better right that Vicente Estrada. Members of Congress from holding any other office during
The claim of Estrada that being the officer their term without forfeiting their seat, does not distinguish
next in rank he should have been appointed as City between government corporations with original charters and
Engineer is not meritorious. It is a settled rule that the their subsidiaries, because the prohibition applies to both.
appointing authority is not limited to promotion in
filling up vacancies but may choose to fill them by the 3. Section 2, Article IX-A of the Constitution, which prohibits
appointment of persons with civil service eligibility Members of the Constitutional Commissions from being
appropriate to the position. Even if a vacancy were to financially interested in any contract with or any franchise or
be filled by promotion, the concept of “next in rank” privilege granted by the Government, does not distinguish
does not import any mandatory requirement that the between government corporations with original charters and
person next in rank must be appointed to the their subsidiaries, because the prohibition applies to both.
vacancy. What the civil service law provides is that if
a vacancy is filled by promotion the person holding 4. Section 2(1), Article IX-D of the Constitution, which provides
the position next in rank thereto “ shall be considered for post audit by the Commission on Audit of government
for promotion.” (Espanol v. Civil Service Commission, corporations, does not distinguish between government
206 SCRA 715) corporations, does not distinguish between government
corporations with original charters and their (4) Career officers other than those in the career executive
subsidiaries, because the provision applies to both. service, who are appointed by the President;
5. Section 5, Article IX-B of the Constitution which (5) Commissioned officers and enlisted men of the Armed
provides for the standardization of the compensation Forces;
of government officials and employees, distinguishes
between government corporations and their (6) Personnel of government – owned or controlled
subsidiaries, for the provision applies only to corporations, whether performing governmental or proprietary
government corporations with original charters. functions, who do not fall under the non-career service; and
(7) Permanent laborers, whether skilled, semi-skilled, or
Bar Question unskilled.
Q: C. The claim of the retrenched employees falls under the
A. What is the meaning and guarantee of security jurisdiction of the National Labor Commissions and not under
of tenure? (2%) the jurisdiction of the Civil Service Commission. As held in
Lumanta v. National Labor Relations Commission, 170 SCRA
B. What characteristic the career service and what 79, since Food Terminal, Inc. was organized under the
are included service? (2%) Corporation Law and was not created by a special law in
accordance with Section 2 (1), Article IX-B of the Constitution,
C. Luzviminda Marfel, joined by eleven other it is not covered by the civil service.
retrenched employees, filed a complaint with the
Department of Labor and Employment (DOLE) for
unpaid retrenchment or separation pay, Q:
underpayment of wages and non – payment of 1) A and B were the only candidates for mayor of Bigaa,
emergency cost of living allowance. The Bulacan in the May 1995 local elections. A obtained 10,
complaint was filled against Food Terminal Inc. 000 votes as against 3,000 votes for B. In the same
moved of dismiss on the ground of lack of elections, X got the highest number of votes among the
jurisdiction, theorizing that it is a government – candidates for the Sangguniang Bayan of the same town.
owned and controlled corporation and it’s A died the day before his proclamation.
employees are governed by the Civil Service Law
and not by the Labor Code. Marfel opposed the a) Who should the Board of Canvassers
motion to dismiss, contending that although Food proclaim as elected mayor, A, B or X?
Terminal, Inc. is a corporation owned and Explain.
controlled by the government earlier created and b) Who is entitled to discharge the functions of
organized under the general corporation law as the office of the mayor, B or X? Explain.
“The Greater Manila Food Terminal, Inc.” it has
still the marks of a private corporation: it directly 2) X, a member of the House of Representatives, was
hires it’s employees without seeking approval serving his third consecutive term in the House. In June
from the Civil Service Commission and it’s 1996 he was appointed Secretary of National Defense.
personnel are covered by the Social Security
System and not the Government Service Can he run for election to the Senate in the 1998
Insurance System. The question posed in the elections? Explain.
petition for certiorari at bar is whether or not a
labor law claim against a government- owned or Answer:
controlled corporation like the Food Terminal, Inc. 1.a) In accordance with Benito v. Comelec, 235
falls within the jurisdiction of the Department of SCRA 436, it is A who should be proclaimed as winner,
Labor and Employment or the Civil Service because he was the one who obtained the highest number of
Commission? Decide and ratiocinate. (4%) votes for the position of mayor, but a notation should be made
that he died for the purpose of applying the rule on succession
SUGGESTED ANSWER: to office. B cannot be proclaimed, because the death of the
candidate who obtained the highest number of votes does not
A. According to Palmera v. Civil Service Commission, entitle the candidate who obtained the next highest number of
235 SCRA 87, security of tenure means that no officer votes to be proclaimed the winner, since he was not the choice
or employee in the Civil Service shall be suspended of the electorate. X is not entitled to be proclaimed elected as
or dismiss except for cause or provided by law and mayor, because he ran for the Sangguniang Bayan.
after due process.
b) Neither B nor X is entitled to discharge the
B. According to Section 7, Chapter 2, Title 1, Book V functions of the office of mayor. B is not entitled to discharge
of the administrative Code of 1987, the career service the office of mayor, since he was defeated in the election. X is
is characterized by (1) entrance based on merit and not entitled to discharge the office of mayor. Under Section 44
fitness to be determined as far as practicable by of the Local Government Code, it is the vice mayor who should
competitive examination or based on highly technical succeed in case of permanent vacancy in the office of the
qualification; (2) opportunity for advancement to mayor. It is only when the position of the vice mayor is also
higher career position; and (3) security of tenure. vacant that the member of the Sangguniang Bayan who
obtained the highest number of votes will succeed to the office
The career service included: of mayor.
(1) Open career position for appointment to which 2) Yes, X can run for the Senate in the 1998 election.
prior qualification in an appropriate examination is Under Section 7, Article X of the Constitution, having served
required; for three consecutive terms as Member of the House of
Representatives, X is only prohibited from running for the same
(2) Closed career positions which are scientific or position.
highly technical in nature;
(3) Positions in the career executive service;
Q: Pedro Cruz, the City Engineer of Baguio, retired. To fill
the vacant position, the City Mayor appointed Jose Reyes,
a civil engineer who formerly worked under Cruz 1) A is senior to B. In accordance with the ruling in
but has been assigned to the Office of the Mayor Summers v. Ozaeta, 81 Phil. 754, the ad interim appointment
for the past five years. extended to A is permanent and is effective upon his
acceptance although it is subject to confirmation by the
Vicente Estrada, the Assistant City Commission on Appointments.
Engineer filed a protest with the Civil Service
Commission claiming that being the officer next 2) If Congress adjourned without the appointments of
in rank he should have been appointed as City A and B having been confirmed by the Commission on
Engineer. Appointments, A cannot return to his old position. As held in
Summers v. Ozaeta, 81 Phil. 754, by accepting an ad interim
1) Who has a better right to be appointment to a new position, A waived his right to hold his
appointed to the contested position? old position. On the other hand since B did not assume the
2) Can the Civil Service Commission new position, he retained his old position.
revoke an appointment by the
appointing power and direct the
appointment of an individual of its Bar Question
Q: A City Mayor in Metro Manila was designated as
Answer: Member of the Local Amnesty Board (LAB) as allowed
under the Rules and Regulations Implementing Amnesty
1) On the assumption that Jose Reyes Proclamation Nos. 347 and 348, as amended by
possesses the minimum qualification requirements Proclamation No. 377. The LAB is entrusted with the
prescribed by law for the position, the appointment functions of receiving and processing applications for
extended to him is valid. Consequently, he has a amnesty and recommending to the National Amnesty
better right than Vicente Estrada. Commission approval or denial of the applications. The
term of the Commission and, necessarily, the Local
Amnesty Boards under it expires upon the completion of
its assigned tasks as may be determined by the President.
The claim of Estrada that being the officer
next in rank he should have been appointed as City May the City Mayor accept his designation
Engineer is not meritorious. It is a settled rule that the without forfeiting his elective position in the light of the
appointing authority is not limited to promotion in provision of Sec. 7, 1 par., Art. IX-B of the 1987
filling up vacancies but may choose to fill them by the Constitution which pertinently states that :[N]o elective
appointment of persons with civil service eligibility official shall be eligible for appointment or designation in
appropriate to the position, even if a vacancy were to any capacity to any public office or position during his
be filled by promotion, the concept of “next in rank tenure?”
thereto “shall be considered for promotion.” Espanol
v. Civil Service Commission, 206 SCRA 715. Discuss fully.
Alternative Answer: Answer:
No, the City Mayor may not accept his designation
Neither Jose Reyes nor Vicente Estrada has without forfeiting his elective positions. As stated in Flores v.
a better right to be appointed City engineer. As held in Drilon, 223 SCRA 568, it is the intention of Section 7, Article X-
Barrozo v. CSC, 198 SCRA 487, the appointing B of the 1987 Constitution that local elective officials should
authority is not required to appoint the one next-in- devote their full time to their constituents. While second
rank to fill a vacancy. He is allowed to fill it also by the paragraph of Section 7, Article IX-B of the 1987 Constitution
transfer of an employee who possesses civil service allows appointive officials to hold other offices when allowed by
eligibility. law or by the primary functions of their positions, no such
exception is made in the first paragraph, which deals with
According to the ruling in Medalla v. Sto. elective officials. It is the intention of the 1987 Constitution to
Tomas , 208 SCRA 351, the Civil Service be more stringent with elective local officials.
Commission cannot dictate to the appointing power
whom to appoint. Its function is limited to determining Alternative Answer:
whether or not the appointee meets the minimum Yes, he may accept such designation without
qualification requirements prescribed for the position. forfeiting his mayorship. The Constitutional provision being
Otherwise, it would be encroaching upon the cited contemplates a “public office or position”. It is believed
discretion of the appointing power. that the Local Amnesty Board is not such an office since it is
merely an ad hoc body. Besides, it is believed that its functions
are not “sovereign” in character which is one of the elements of
Q: In December 1988, while Congress was in a public office.
recess, A was extended an ad interim
appointment as Brigadier General of the
Philippine Army. In February 1989, when
Congress was in session, B was nominated as Bar Question
Brigadier General of the Philippine Army. B’s
nomination was confirmed on August 5, 1989 Q:
while A’s appointment was confirmed on 1) When is an appointment in the civil service
September 5, 1989. permanent?
2)Distinguish between an “appointment in an
1) Who is deemed more senior of the two, acting capacity” extended by a Department Secretary from
A or B? an ad ad interim appointment extended by the President.
2) Suppose Congress adjourned without 3) Distinguish between a provisional and a
the Commission on Appointments acting on both temporary appointment.
appointments, can A and B retain their original
ranks of colonel? Answer:
Answer: 1) Under Section 25 (a) of the Civil Service Decree,
an appointment in the civil service is permanent when issued
to a person who meets all the requirements for the there is no appropriate register of eligibles at the time of the
position to which he is being appointed, including the appointment.
appropriate eligibility prescribed, in accordance with
the provisions of law, rules and standards In other words, the reason for extending a provisional
promulgated in pursuance thereof. appointment is not because there is an occasional work to be
done and is expected to be finished in not more thatn six
2) An appointment in an acting capacity months but because the interest of the service requires that
extended by a Department Secretary is not certain work be done by a regular employee, only that no one
permanent but temporary. Hence, the Department with appropriate eligibility can be appointed to do such work in
Secretary may terminate the services of the appointee the meantime that a suitable eligible does not qualify for the
at any time. On the other hand, an ad interim position.
appointment extended by the Presidents is an
appointment which is subject to confirmation by the To be more precise, a provisional appointment may
Commission on Appointments and was during the be extended only to a person who has not qualified in an
recess of Congress. As held in Summers v. Ozaeta, appropriate examination but who otherwise meets the
81 Phil. 754, an ad interim appointment is permanent. requirements for appointment to a regular postion in the
competitive service, meaning one who must anyway be a civil
3) In Section 24 (d) of the Civil Service Act of service eligible.
1959, a temporary appointment is one issued to a
person to a position needed only for a limited period In the case of a temporary appointment, all that the
not exceeding six months. Under law enjoins is that “preference in filling such position be given
Section 25 (b) of the Civil Service Decree, a to persons on appropriate eligible lists.” Merely giving
temporary appointment is one issued to a person who preference presupposes that even a non-eligible may be
meets all the requirements for the position to which he appointed. Under the law, even if the appointee has the
is being appointed except the appropriate civil service required civil service eligibility, his appointment is still
eligibility because of the absence of appropriate temporary simply because such is the nature of the work to be
eligibles and it is necessary in the public interest to fill done.
the vacancy. On the other hand, Section 24 (e) of the
Civil Service Act of 1959 defined a provisional NOTE: Since provisional appointments have already
appointment as one issued upon the prior been abolished examinees should be given full credit for
authorization of the Civil Service Commission in whatever answer they may or may not give.
accordance with its provisions and the rules and
standards promulgated in pursuance thereto to a
person who has not qualified in an appropriate
examination but who otherwise meets the AMENDMENTS OR REVISIONS
requirements for appointment to a regular position in
the competitive service, whenever a vacancy occurs Bar Question
and the filling thereof is necessary in the interest of Q: State the various modes of, and steps in, revising or
the service and there is no appropriate at the time of amending the Philippine Constitution.
A: There are three modes of amending the Constitution.
Provisional appointments in general have
already been abolished by Republic Act 6040. (a) Under Section 1, Article XVIII of the constitution,
However, it still applies with regard to teachers under Congress may by three-fourths vote of all its
the Magna Carta for Public School Teachers. Members propose any amendment to or revision
of the Constitution.
Alternative Answer: (b) Under the same provision, a constitutional
The case of Regis v. Osmena, 197 SCRA convention may propose any amendment to or
308, laid down the distinction between a provisional revision of the Constitution. According to Section
and a temporary appointment. 3, Article XVII of the Constitution, Congress may
by a two-thirds vote of all its Members call a
A provisional appointment is extended to a constitutional convention or by a majority vote of
person who has not qualified in an appropriate all its Members submit the question of calling
examination but who otherwise meets the such a convention to the electorate.
requirements for appointment to a regular position in (c) Under Section 2, Article XVII of the Constitution,
the competitive service whenever a vacancy occurs the people may directly propose amendments to
and the filling thereof is necessary in the interest of the Constitution through initiative upon a petition
the service and there is no appropriate register of of at least twelve per cent of the total number of
eligible at the time of the appointment. On the other registered voters, of which every legislative
hand, a temporary appointment given to a non-civil district must be represented by at least three
service eligible is without a definite tenure and is percent of the registered voters therein.
dependent on the pleasure of the appointing power.
According to Section 4, Article XVII of the
A provisional appointment is good only until constitution, to be valid any amendment to or
replacement by a civil service eligible and in no case revision of the Constitution must be ratified by a
beyond 30 days from date of receipt by the appointing majority of the votes cast in a plebiscite.
officer of the certificate of eligibility. (Sec. 24 [c],
Republic Act 2260).
A provisional appointment contemplates a
different situation from that of a temporary
appointment. Whereas a temporary appointment is
designed to fill a position needed only for a limited
period not exceeding six (6) months, a provisional
appointment, on the other hand, is intended for the
contingency that “a vacancy occurs and the filling
thereof is necessary in the interest of the service and