attyphiljuris.blogspot.com

Q. No. 6 | Political Law | Suggested Answer | Bar 2023 Q. No. 6 | Political Law “Hector, a government employee, asked Ignacio to take the Police Officer I Examination in his behalf. Upon investigation, the Civil Service Commission (CSC) observed that the picture of Hector and signature in the application form and seat plan were not identical with those found in his Personal Data Sheet. Thus, the CSC concluded that Hector conspired with Ignacio by allowing the latter to impersonate him (Hector) and found him (Hector) guilty of dishonesty, meting out the penalty of dismissal. Hector appealed his dismissal to the Court of Appeals. He argued that the CSC has been divested of its authority and jurisdiction to conduct investigations and render administrative decisions based on alleged anomalies in police entrance and promotional examinations after the effectivity of Republic Act No. 8551 or the Philippine National Police Reform and Reorganization Act. The law transferred the power to admin...

 Q. No. 5 | Political Law | Suggested Answer | Bar 2023 Q. No. 5 | Political Law “1. Section 1, Article IV on Bangsamoro Parliament Electoral Tribunal of the Proposed Electoral Code of the Bangsamoro Autonomous Region for Muslim Mindanao states: “ Section 1. Creation and Jurisdiction. – The Bangsamoro Parliament shall have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of the members of the Parliament .”   Is the proposed provision constitutional? Explain.   SUGGESTED ANSWER: NO, Section 1, Article IV of the Bangsamoro Parliament Electoral Tribunal of the Proposed Electoral Code of the Bangsamoro Autonomous Region for Muslim Mindanao is NOT constitutional because it is contrary to the 1987 Constitution.   The said proposed provision impliedly revised the fundamental government structure of the existing government that requires Revision of the 1987 Constitution.   Mere legislation to...

Q. No. 4 | Political Law | Suggested Answer | Bar 2023 Q. No. 4 | Political Law The Philippine Constitution Association questioned the provision as unconstitutional for encroaching on the clemency power of the President . On the other hand, the Office of the Solicitor General argued that the present case does not present a justiciable controversy.   Who is correct? Explain your answer [.]” SUGGESTED ANSWER: The Office of the Solicitor General (OSG) is correct. The Memorandum of Agreement [The chapter on Transitional Justice of the Agreed Framework between the Kapisanan ng Malayang Pilipinas ( KMP ) and the Government Negotiating Panel ( GNP )] is but a mere proposal on defined consensus points. The parties to the agreement do not have, in short, the equivalent of, or what passes as, a perfected and enforceable contract.   In the concrete, the Court could have entered the picture if the said agreement had been signed. For then, and only then, can we say there is a consummated e...

Q. No. 3 | Political Law | Suggested Answer | Bar 2023 Q. No. 3 | Political Law “In the 2022 elections, the formidable tandem of Priscilla and Teodoro ran for and won as President and Vice-President, respectively, of the Republic of the Philippines. On her 15th month in office, President Priscilla suddenly resigned due to health reasons, paving the way for Vice-President Teodoro to assume office as President. President Teodoro then nominated incumbent Senator Angel, who was President of the Philippines from 2010 to 2016, to take his place as Vice-President. Voting separately and by the vote of a majority of all the members of both Houses of the Congress, Senator Angel was confirmed, and henceforth assumed office as the Vice-President. In the coming 2028 elections, may both President Teodoro and Vice-President Angel legally run for President of the Philippines? Explain your answer briefly. Suggested Answer. No, both Teodoro   and Angel may not legally run for President of the Philip...