Section 9 of P.O. No. 1606, as amended, provides that the Sandiganbayan may adopt internal rules governing the allotment of cases among its divisions, the rotation of justices among them, and other matters relating to the internal operations of the court. Section 6 of Article IX-A of the Constitution allows each of the Constitutional Commissions…
H, a naturalized American citizen who later became a dual citizen under Republic Act No. 9225 (the Citizenship Retention and Re-acquisition Act), decided to run for Congress and thus, filed a certificate of candidacy (CoC). A citizen argued that H is ineligible for the position because of his status as a dual citizen. H responded…
Candidate X, a naturalized Filipino citizen, ran for Congressman for the Lone District of Batanes. After a close electoral contest, he won by a slim margin of 500 votes. His sole opponent, Y, filed an election protest before the Commission on Election (COMELEC), claiming that X should be disqualified to run for said position because…
A was appointed by the President as a Commissioner of the Commission on Election (COMELEC) while Congress was not in session. Pending confirmation of his appointment by the Commission on Appointments, A started to perform his official functions in the COMELEC, such as attending en banc sessions, hearing election protests, signing Resolutions, issuing Orders, and…
In 2014, Congress enacted an appropriation law containing a provision that gives individual legislators the discretion to determine, post-enactment, how much funds would go to a specific project or beneficiary which they themselves also determine. Consequently, disbursements were made in the interim pursuant thereto. Eventually, Mr. Z filed a petition questioning the constitutionality of the…
Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (a) The authority to keep the general accounts of the Government and for such period provided by law, preserve the vouchers and other supporting documents pertaining thereto. (1%) (b) The power to allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative…
R was elected as Municipal Councilor for three (3) consecutive terms. Before the end of the third term, Vice Mayor S died, rendering his post vacant. Since R was the highest-ranking Municipal Councilor, he assumed the office of the Vice Mayor. One of his constituents, T, assailed R’s assumption of office, arguing that elections should…
A proposal to change a provision of the 1987 Constitution has been put forth as follows: Original Text: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them” Proposed text: “The Philippines is a democratic and socialist State. Sovereignty resides in the party and all…
Who are the impeachable officers under the 1987 Constitution? Briefly explain the process of impeaching them thereunder. (5%) (a) The following may be impeached: 1) The President; 2) The Vice-President; 3) The Members of the Supreme Court; 4) The Members of the Constitutional Commissions; and, 5) The Ombudsman. (Section 2, Article XI, 1987 Constitution) (b)…
W, the incumbent Congressman of the Province of Albay, decided to run for Governor. He filed his certificate of candidacy (CoC) for Governor without resigning from his post and continued exercising his duties as Congressman, such as attending plenary sessions and committee hearings in the House of Representatives. One of W’s fiercest critics, X, claimed…