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Mindanao university ordered to close law programs

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  The Legal Education Board (LEB) has ordered the Mindanao State University to close its law programs in all its campuses starting academic year 2025-2026 after it approved a resolution canceling MSU’s accreditation. The order stemmed from MSU’s refusal to recognize LEB’s supervisory authority and for asserting that it is not bound by the board’s orders, policies and guidelines on legal education. “The MSU is no longer authorized to offer the basic law program in the country,”  the LEB said. The board made permanent the cease and desist order it issued against MSU’s extension law programs on its campuses in Tawi-Tawi, Sulu and Maguindanao. It expressed concern over what it described as MSU’s “dismal” performance in the Bar examinations, noting the school’s passing rate since 2013 has been below the national passing percentage. Reacting to the LEB’s resolution, the MSU said it would continue to operate in accordance with its chapter passed by Congress in 1955. “The LEB cannot act no
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S.A 2020/21 B.E POLITICAL LAW | Question #

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SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN POLITICAL* LAW 
#POLI* Law #PreviousBarQuestions 
Code: S.A 2020/21 B.E POLITICAL* LAW | Question #05

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BAR QUESTION


Both the House of Representatives and the Senate passed a bill which: 

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(a) increases the.number of Supreme Court Justices from 15 to 20; 

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(b) assigns the five most senior Justices, including the Chief Justice, exclusively to a Special Division that will tackle only constitutional cases; and 



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(c) removes from the Supreme Court En Banc the power to hear and decide cases involving alleged violations of the Constitution.


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The Chief Presidential Legal Counsel advises the President to veto the bill, arguing that the law is unconstitutional because its contents should be the subject of constitutional amendment rather than of legislation.


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Is the Chief Presidential Legal Counsel's argument constitutionally sound? Explain briefly.



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The Presidential Legal Counsel’s advice is not exactly constitutionally sound. 



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As to (a), the PLC is correct that this should be the subject of constitutional amendment rather than of legislation because the Constitution expressly provides that the Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices; therefore, increasing the number of Justices from 15 to 20 requires constitutional amendment. 


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As to (b) and (c), however, the PLC is not exactly correct that.these matters could be the subject of constitutional amendment because said provisions seek to disrupt the basic architecture of a democratic and republican form of government, which is founded on separation of powers and its corollary doctrine of checks and balances.


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  This is obvious with respect to (b) and (C) of the bill which, if approved, would wreak havoc on the bedrock of checks and balances; thus, they could not be achieved through mere constitutional amendment.



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  What are your thoughts on the suggested answer? Please leave your suggestions in the comments section at the bottom of this article. Thanks! 


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