Ordinance; Validity; Compensation; Toruous Act of an Employee (1994)

No. 6; Johnny was employed as a driver by the Municipality of Calumpit, Bulacan. While
driving recklessly a municipal dump truck with its load of sand for the repair of
municipal streets, Johnny hit a jeepney. Two passengers of the jeepney were killed.
The Sangguniang Bayan passed an ordinance appropriating 300,000.00 as
compensation for the heirs of the victims.
1.) Is the municipality liable for the negligence of Johnny?
2.) Is the municipal ordinance valid?
SUGGESTED ANSWER:
2.) The ordinance appropriating 300,000.00 for the heirs of the victims of
Johnny is void. This amounts to appropriating public funds for a private purpose. Under
Section 335 of the Local Government Code, no public money shall be appropriated for
private purposes.
Requisites; Contracts involving LGU (1995)
No. 4: 1. What are the conditions under which a local executive may enter into a contract
in behalf of his government unit?
SUGGESTED ANSWER:
1. The following are the conditions under which a local executive may enter into a
contract in behalf of the government until:
(1)The local government unit must have the power to enter into the particular
contract.
(2) Pursuant to Section 22 of the Local Government Code, there must be a prior
authorization by the sangguniang concerned, and a legible copy of the contract shall be
posted at a conspicuous place in the provincial capitol or the city, municipal or barangay
hall.
(3) In accordance with Section 46 and 47, Chapter 8, Subtitle B, Book V of the
1987 Administrative Code, if the contract involves the expenditure of public funds, there
must be an appropriation therefore and a certificate of availability of funds by the
treasurer of the local government unit.
(4) The contract must conform with the formal requisites of written contracts
prescribed by law.
(5) Pursuant to Section 2068 of the Revised Administrative Code, if a province is
a party to a contract conveying title to real property, the contract must be approved by the
President. Under Section 2196 of the Revised Administrative Code, if a municipality is a
party to a contract conveying real property or any interest in it or creating a lien upon it,
the contract must be approved by the provincial governor.
Ordinances; Validity; Gambling Prohibition (1995)
No. 4: 2. PAGCOR decided to operate a casino in Tacloban City under authority of P.D.
No. 1869. It leased a portion of a building belonging to Ellen McGuire renovated and
1

equipped it in preparation for its inauguration. The Sangguniang Panlungsod of Tacloban

City enacted an ordinance prohibiting the operation of casinos in the City and providing
penalty for its violation. Ellen McGuire and PAGCOR assailed the validity of the
ordinance in court. How would you resolve the issue? Discuss fully.
SUGGESTED ANSWER:
The ordinance should be declared invalid. As held in Magtajas vs. Pryce
Properties Corporation Inc., 234 SCRA 255. Such an ordinance contravenes Presidential
Decree No. 1869, which authorizes the Philippine Amusement and Gaming Corporation
to operate casinos within the territorial Jurisdiction of the Philippines, because it prevents
the said corporation from exercising the power conferred on it to operate a casino in
Tacloban City. The power of Tacloban City to suppress gambling and prohibited games of
chance excludes of chance permitted by law. Implied repeals are not favored. (Basco v.
PAGCOR)
Police Power; LLDA (1995)
No. 9: The Municipality of Binangonan, Rizal, passed a resolution authorizing the
operation of an open garbage dumpsite in a 9-hectare land in the Reyes Estate within the
Municipalitys territorial limits. Some concerned residents of Binangonan filed a
complaint with the Laguna Lake Development Authority (LLDA) to stop the operation of
the dumpsite due to its harmful effects on the health of the residents. The LLDA
conducted an on-site investigation, monitoring, testing and water sampling and found that
the dumpsite would contaminate Laguna de Bay and the surrounding areas of the
Municipality. The LLDA also discovered that no environmental clearance was secured by
the Municipality from the Department of Environment and Natural Resources (DENR)
and the LLDA as required by law. The LLDA therefore issued to the Binangonan
municipal government a cease and desist order to stop the operation of the dumpsite. The
Municipality of Binangonan filed a case to annul the order issued by the LLDA.
(1) Can the Municipality of Binangonan invoke police power to prevent its residents and
the LLDA from interfering with the operation of the dumpsite by the Municipality?
Explain.
(2) Can the LLDA justify its order by asserting that the health of the residents will be
adversely affected? Explain.
SUGGESTED ANSWER:
1.
No, the Municipality of Binangonan cannot invoke its police power. According to
Laguna Lake Development Authority vs. Court of Appeals, 231 SCRA 292, under
Republic Act No. 4850, the Laguna Lake Development Authority is mandated to promote
the development of the Laguna Lake area, including the surrounding Province of Rizal,
with due regard to the prevention of pollution. The Laguna Lake Development Authority
is mandated to pass upon and approve or disapprove all projects proposed by local
government offices within the region.
2.
Yes, the Laguna Lake Development Authority can justify in order. Since it has
been authorized by Executive Order No. 927 to make orders requiring the discontinuance
of pollution, its power to issue the order can be inferred from this. Otherwise, it will be a
toothless agency. Moreover, the Laguna Lake Development Authority is specifically
authorized under its Charter to issue cease and desist orders.
2

Ordinances; Veto Power (1996)

(1) How does the local legislative assembly override the veto by the local chief executive
of an ordinance?
(2) On what grounds can a local chief executive veto an ordinance?
(3) How can an ordinance vetoed by a local chief executive become a law without it
being overridden by the local legislative assembly?
SUGGESTED ANSWER:
(1)
Under Sections 54(a) and 55(c) of the Local Government Code, the local
legislative assembly can override the veto of the local chief executive by two-thirds vote
of all its members.
(2)
Under Section 55(a) of the Local Government Code, the local chief executive
may veto an ordinance on the ground that it is ultra vires o prejudicial to the public
welfare.
(3)
Pursuant to Section 54(b) of the Local Government Code, an ordinance vetoed by
the local chief executive shall be deemed approved if he does not communicate his veto
to the local legislative assembly within 15 days in the case of a province and 10 days in
the case of a city or a municipality. Likewise, if the veto by the local executive has been
overridden by the local legislative assembly, a second veto will be void. Under Section
55(c) of the Local Government Code, the local chief executive may veto an ordinance
only once.
Ordinance; Use & Lease of Properties; Public Use (1997)
No. 9: Due to over-crowding in the public market in Paco, Manila, the City Council
passed an ordinance allowing the lease to vendors of parts of the streets where the public
market is located, provided that the lessees pay to the city government a fee of 50 per
square meter of the area occupied by the lessees. The residents in the area complained to
the Mayor that the lease of the public streets would cause serious traffic problems to
them. The Mayor cancelled the lease and ordered the removal of the stalls constructed on
the streets. Was the act of the Mayor legal?
SUGGESTED ANSWER:
The cancellation of the lease and the removal of the stalls are valid. As held in
Macasiano vs. Diokno, 212 SCRA 464, the lease of public streets is void, since they are
reserved for public use and are outside the commerce of man.
Boundary Dispute Settlement; Authority; Jurisdiction (1999)
No. V-C. What body or bodies are vested by law with the authority to settle disputes
involving:
(1) two or more towns within the same province; (1%)
(2) two or more highly urbanized cities.
SUGGESTED ANSWER:
3

1.
Under Section 118(b) of the Local Government Code, boundary disputes
involving two or more municipalities within the same province shall be settled by the
sangguniang panlalawigan concerned.
2.
Under ection 118(d) of the Local Government Code, boundary disputes involving
two or more highly urbanized cities shall be settled by the sangguniang panglunsod of the
parties.
Taxation; Sources of Revenue (1999)
No. V. Under the Constitution, what are the three main sources of local government units
under the Constitution:
SUGGESTED ANSWER:
The three main sources of local government units under the Constitution are as
follows, under Article X, Section 5, 6 and 7, which are the following taxes, fees and
charges, share in the national taxes and share in the proceeds of the utilizations and
development of the national wealth within their areas.
Boundary Dispute Settlement; Authority; Jurisdiction (1999)
No. V-C. What body or bodies are vested by law with the authority to settle disputes
involving:
(1) Two or more towns within the same province; (1%)
(2) Two or more highly urbanized cities. (1%)
SUGGESTED ANSWER:
1.)

Under Section 118(b) of the Local Government Code, boundary disputes

involving two or more municipalities within the same province shall be settled by
the sangguniang panlalawigan concerned.
2.)
Under Section 118(d) of the Local Government Code, boundary disputes
involving two or more highly urbanized cities shall be settled by the sangguniang
panlungsod of the parties.
Appointment of Budget Officer; control vs. supervision (1999)
No. V-D. On May 17, 1988, the position of Provincial Budget Officer of Province X
became vacant. Pedro Castahon, governor of the province, pursuant to Sec. 1 of E.O No.
112, submitted the names of three nominees for the aforesaid position to the Department
of Budget (DBM), one of whom was that of Martha Mahonhon. A month later, castahon
informed the DBM that Mahonhon had assumed the office of PBO and requested that she
be extended the appropriate appointment. The DBM Secretary appointed Josefa Kalayon
instead. Castahon protested the appointment of Kalayon insisting that it is he who had the
right to choose the PBO by submitting the names of his three nominees and kalayon was
not one of them. The DBM countered that none of the governors nominees have the
necessary qualifications for the position. Specifically, Mahonhon lacked the five-year
experience in budgeting. Hence, the DBM Local Budget Circular No. 31 which states,
The DBM reserves the right to fill up any existing vacancy where none of the nominees
of the local chief executive meet the prescribed requirements.
(a) Was the DBMs appointment valid? (2%)
4

(b) What can you say regarding the above-quoted Section 6.0 of DBMs Local Budget
Circular No. 31? Explain your answers. (2%)
SUGGESTED ANSWER:
D. (a)
Under section 1 of Executive Order No. 112, the Provincial Budget
Officer must be recommended by the Governor. Since Josefa kalayon was not
recommended by the Governor, her appointment is not valid. As held in San Juan v. Civil
Service Commision, 196 SCRA 69, if the person recommended by the Governor is not
qualified, what the Secretary of Budget and management should do is to ask him to
recommend someone who is eligible.
(b) DBM Local Budget Circular No. 31 is not valid, since it is inconsistent with
Executive Order No. 112, which requires that the appointee for Provincial Budget Officer
be recommended by the Governor. (Under the Local Government code, it is now the local
chief executive who is empowered to appoint the budget officer).
Devolution of Power (1999)
Define devolution with respect to local government units.
SUGGESTED ANSWER:
Section 17(e) of the Local government Code defines devolution as the act by
which the National Government confers power and authority upon the various local
government units to perform specific functions and responsibilities.
Taxation; GOCC Liability For Real Estate Tax (1999)
No. VI-C. The Province of X required the National Development Company to pay real
estate taxes on the land being occupied by NDC and the latter argued that since it is a
government-owned corporation, its properties are exempt from real estate taxes. If you
were the Judge, how would you decide the case? Reason out. (2%)
SUGGESTED ANSWER:
In National Development Company v. Cebu City, the Supreme Court held that the
national Development Company was not liable for real estate tax on the property
belonging to the government which it occupy. However, Section 234 of the Local
Government Code subsequently withdrew the exemption from real property taxes of
government-owned or controlled corporations. If I were the judge, I would hold the
National Development Company liable for real estate taxes.
Powers; Liga ng mga Barangay (2003)
Can the Liga ng mga Barangay exercise legislative powers?
SUGGESTED ANSWER:
The Liga ng mga Barangay cannot exercise legislative powers. As stated in BitoOnon v. Fernandez, it is not a local government unit and its primary purpose is to
determine representation of the mga ing the sanggunians; to ventilate, articulate, and
crystalize issues affecting barangay government administration; and to secure solutions
for them through proper and legal means.
Powers of Barangay Assembly (2003)
5

Can a Barangay Assembly exercise any police power?

SUGGESTED ANSWER:
No, the Barangay Assembly cannot exercise any police power. Under Section 398
of the Local Government Code, it can only recommend to the Sangguniang Barangay the
adoption of measures for the welfare of the barangay and decide on the adoption of an
initiative.
Ordinance; Validity; Closure or Lease of Properties for Public Use (2003)
No. XI- An aggrieved resident of the City of Manila filed mandamus proceedings against
the City Mayor and the City Engineer to compel these officials to remove the market
stalls from certain city streets which they had designated as flea markets. Portions of the
said city streets were leased or licensed by the respondent officials to market stallholders
by virtue of a city ordinance. Decide the dispute.
SUGGESTED ANSWER:
The petition should be denied. Under Section 21 (d) of the Local Government
Code, a city may by ordinance close a street so that a flea market may be established.
SUGGESTED ANSWER:
The petition should be granted. In accordance with Macasiano v. Diokno, since
public streets are properties for public use and are outside the commerce of man, the City
Mayor and the City Engineer cannot lease or license portions of the city streets to market
stallholders.
Creation of the New Local Government Units; Plebiscite Requirement; De Facto
Public Corporations; Effect (2004)
No. VII- MADAKO is a municipality composed of 80 barangays, 30 west of Madako
River and 50 east thereof. The 30 western barangays, feeling left out of economic
initiatives, wish to constitute themselves into a new and separate town to be called
Masigla.
A. Granting the Masiglas proponents succeed to secure a law in their favor, would a
plebiscite be necessary or not? If it is necessary, who should vote or participate in
the plebiscite? Discuss briefly. (5%)
B. Suppose that one year after Masigla was constituted as a municipality, the law
creating it is voided because of defects. Would that invalidate the acts of the
municipality and/or its municipal officers? Explain briefly. (5%)
SUGGESTED ANSWERS:
A. A plebiscite is necessary, because this is required for the creation of a new
municipality. (Section 10, Article X of the 1987 Constitution.) The voters of both
Madako and Masigla should participate in the plebiscite, because both are directly
affected by the creation of Masigla. The territory of Madako will be reduced. (Tan
v. COMELEC, 142 SCRA 727 [1986).
B. Although the municipality cannot be considered as a de facto corporation, because
there is no valid law under which it was created, the acts of the municipality and
of its officers will not be invalidated, because the existence of the law creating it
is an operative fact before it was declared unconstitutional. Hence, the previous
6

acts of the municipality and its officers should be given effect as a matter of
fairness and justice. (Municipality ofMalabang v. Benito, 27 SCRA 533 [1969]
Bar Examination 2005
-I- (a) The present Constitution introduced the concepts and processes of Initiative and
Referendum. Compare and differentiate one from the other. (3%)
SUGGESTED ANSWER:
INITIATIVE is the power of the people to propose amendments to the Constitution or to
propose and enact legislations through an election called for the purpose. Under the 1987
Constitution, the people through initiative can propose amendments to the Constitution upon
a petition of at least twelve per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the registered
voters therein. REFERENDUM is the power of the electorate to approve or reject a
legislation through an election called for the Purpose. (Sec. 3, R.A. No. 6735 [1989]). On the
other hand, the Local Government Code (R.A. No. 7160) defines LOCAL INITIATIVE as
the legal process whereby the registered voters of a local government unit may directly
propose, enact, or amend any ordinance (Sec. 120) and LOCAL REFERENDUM as the legal
process whereby the registered voters of the local government units may approve, amend or
reject
any ordinance enacted by the Sanggunian. (Sec. 126)
(b) To give the much needed help to the Province of Aurora which was devastated by
typhoons and torrential rains, the President declared it in a state of calamity. Give at
least four (4) legal effects of such declaration. (4%)
SUGGESTED ANSWER:
Declaration of a state of calamity produces, inter alia, these legal effects within the
Province
of Aurora 1. Automatic Price Control under R.A. No. 7581, The Price Act; 2.
Authorization for the importation of rice under R.A. No. 8178, The Agricultural
Tarrification Act; 3. Automatic appropriation under R.A. No. 7160 is available for
unforeseen expenditures arising from the occurrence of calamities in areas declared to be
in a state of calamity; 4. Local government units may enact a supplemental budget for
supplies and materials or payment of services to prevent danger to or loss of life or
property, under R.A. No. 7160; 5. Entitlement to hazard Allowance for Public Health
Workers (under R.A. No. 7305, Magna Carta for Public Health Workers), who shall be
compensated hazard allowances equivalent to at least twenty-five percent (25%) of the
monthly basic salary of health workers receiving salary grade 19 and below, and five
percent (5%) for health workers with salary grade 20 and above; 6. Entitlement to hazard
allowance for science and technological personnel of the government under R.A. No.
8439; and 7. A crime committed during the state of calamity will be considered
aggravated
under Art. 14, par. 7 of the Revised Penal Code.
- IV - (1.) Squatters and vendors have put up structures in an area intended for a Peoples
Park, which are impeding the flow of traffic in the adjoining highway. Mayor Cruz gave
notice for the structures to be removed, and the area vacated within a month, or else, face
demolition and ejectment. The occupants filed a case with the Commission on Human
Rights (CHR) to stop the Mayors move. The CHR then issued an order to desist
against Mayor Cruz with warning that he would be held in contempt should he fail to
comply with the desistance order. When the allotted time lapsed, Mayor Cruz caused the
demolition and removal of the structures. Accordingly, the CHR cited him for contempt.
(a) What is your concept of Human Rights? Does this case involve violations of human
rights within the scope of the CHRs jurisdiction? Does it have contempt powers at all?

(5%)
SUGGESTED ANSWER:
Under the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights and International Covenant on Civil and Political
Rights, the scope of human rights includes "those that relate to an individual's social,
economic, cultural, political and civil relations... along with what is generally considered
to be his inherent and inalienable rights, encompassing almost all aspects of life." In the
case at bar, the land adjoins a busy national highway and the construction of the squatter
shanties impedes the flow of traffic. The consequent danger to life and limb cannot be
ignored. It is paradoxical that a right which is claimed to have been violated is one that
cannot, in the first place, even be invoked, if it is, in fact, extant. Based on the
circumstances obtaining in this instance, the CHR order for demolition do not fall within
the compartment of human rights violations involving civil and political rights intended
by the Constitution. (Simon v. Commission on Human Rights, G.R. No. 100150, January
5, 1994)
(b) Can the CHR issue an order to desist or restraining order?
SUGGESTED ANSWER:
The CHR may not issue an "order to desist" or restraining order. The constitutional
provision directing the CHR to provide for preventive measures to those whose human
rights have been violated or need protection may not be construed to confer jurisdiction
on the Commission to issue a restraining order or writ of injunction for, it that were the
intention, the Constitution would have expressly said so. Jurisdiction is conferred only by
the Constitution or by law. It is never derived by implication. (Export Processing Zone
Authority v. Commission on Human Rights, G.R. No. 101476, April 14, 1992)
(c) Is the CHR empowered to declare Mayor Cruz in contempt? Does it have contempt
powers at all?
SUGGESTED ANSWER:
The CHR does not possess adjudicative functions and therefore, on its own, is not
empowered declare Mayor Cruz in contempt for issuing the "order to desist." However,
under the 1987
Constitution, the CHR is constitutionally authorized, in the exercise of its investigative
functions, to "adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court." Accordingly, the
CHR, in the course of an investigation, may only cite or hold any person in contempt and
impose the appropriate penalties in accordance with the procedure and sanctions provided
for in the Rules of
Court. (Carino v. Commission) Human Rights, G.R. No. 96681, December 2, 1991)
- IX - (1.) In the May 8, 1995 elections for local officials whose terms were to commence
on June 30, 1995, Ricky filed on March 20, 1995 his certificate of candidacy for the
Office of Governor of Laguna. He won, but his qualifications as an elected official was
questioned. It is admitted that he is a repatriated Filipino citizen and a resident of the
Province of Laguna. To be qualified for the office to which a local official has been
elected, when at the latest should he be?
(a) A Filipino Citizen? Explain.
SUGGESTED ANSWER:
The citizenship requirement is to be possessed by an elective official at the latest as of the
time
he is proclaimed and at the start of the term of office to which he has been elected.
Section 39
8

of the Local Government Code, which enumerates the qualifications of elective local
government officials, does not specify any particular date or time when the candidate
must
possess citizenship. (Frivaldo v. COMELEC, G.R. No. 120295, June 28,1996)
(b) A resident of the locality? Explain. (5%)
SUGGESTED ANSWER:
Under Section 39 of the Local Government Code, an individual must possess the
residency
requirement in the locality where he intends to run at least one year immediately
preceding the
day of election.
(2.) Manuel was elected Mayor of the Municipality of Tuba in the elections of 1992, 1995
and 1998. He fully served his first two terms, and during his third term, the municipality
was converted into the component City of Tuba. The said charter provided for a hold-over
and so without interregnum Manuel went on to serve as the Mayor of the City of Tuba. In
the 2001 elections, Manuel filed his certificate of candidacy for City Mayor. He
disclosed, though, that he had already served for three consecutive terms as elected
Mayor when Tuba was still a municipality. He also stated in his certificate of candidacy
that he is running for the position of Mayor for the first time now that Tuba is a city.
Reyes, an adversary, ran against Manuel and petitioned that he be disqualified because he
had already served for three consecutive terms as Mayor. The petition was not timely
acted upon, and Manuel was proclaimed the winner with 20,000 votes over the 10,000
votes received by Reyes as the only other candidate. It was only after Manuel took his
oath and assumed office that the COMELEC ruled that he was disqualified for having ran
and served for three consecutive terms.
(a) As lawyer of Manuel, present the possible arguments to prevent his disqualification
and removal.
SUGGESTED ANSWER:
As lawyer of Manuel, I would argue that he should not be disqualified and removed
because he was a three-term mayor of the municipality of Tuba, and, with its conversion
to a component city, the latter has a totally separate and different corporate personality
from that of the municipality. 123 rule, in a representative democracy, the people should
be allowed freely to choose those who will govern them. Having won the elections, the
choice of the people should be respected.
(b) How would you rule on whether or not Manuel is eligible to run as Mayor of the
newly-created City of Tuba immediately after having already served for three (3)
consecutive
terms
as
Mayor
of
the
Municipality
of
Tuba?
SUGGESTED ANSWER:
Manuel is not eligible to run as mayor of the city of Tuba. The 1987 Constitution
specifically
included an exception to the people's freedom to choose those who will govern them in
order
to avoid the evil of a single person accumulating excessive power over a particular
territorial jurisdiction as a result of a prolonged stay in the same office. To allow Manuel
to vie for the position of city mayor after having served for three consecutive terms as a
municipal mayor would obviously defeat the very intent of the framers when they wrote
this exception. Should he be allowed another three consecutive terms as mayor of the
City of Tuba, Manuel would then be possibly holding office as chief executive over the
same territorial jurisdiction and inhabitants for a total of eighteen consecutive years. This
9

is the very scenario sought to be avoided by the Constitution, if not abhorred by it.
(Latasa v. COMELEC, G.R. No. 154829, December 10, 2003)
(c) Assuming that Manuel is not an eligible candidate, rebut Reyes claim that he should
be proclaimed as winner having received the next higher number of votes. (5%)
ALTERNATIVE ANSWER:
Reyes cannot be proclaimed winner for receiving the second highest number of votes.
The Supreme Court has consistently ruled that the fact that a plurality or a majority of the
votes
are cast for an ineligible candidate at a popular election, or that a candidate is later
declared to
be disqualified to hold office, does not entitle the candidate who garnered the second
highest
number of votes to be declared elected. The same merely results in making the winning
candidate's election a nullity. In the present case, 10,000 votes were cast for private
respondent Reyes as against the 20,000 votes cast for petitioner Manuel. The second
placer is
obviously not the choice of the people in this particular election. The permanent vacancy
in
the contested office should be filled by succession. (Labo v. COMELEC, G.R. No.
105111, July 3,1992)
ALTERNATIVE ANSWER:
Reyes could not be proclaimed as winner because he did not win the election. To allow
the defeated candidate to take over the Mayoralty despite his rejection by the electorate
is to disenfranchise the electorate without any fault on their part and to undermine the
importance and meaning of democracy and the people's right to elect officials of their
choice.
(Benito v. COMELEC, G.R. No. 106053, August 17, 1994)
- X - (1.) There was a boundary dispute between Dueas, a municipality, and Passi, an
independent component city, both of the same province. State how the two local
government
units
should
settle
their
boundary
dispute.
(5%)
SUGGESTED ANSWER:
Boundary disputes between local government units should, as much as possible, be
settled
amicably. After efforts at settlement fail, then the dispute may be brought to the
appropriate
Regional Trial Court in the said province. Since the Local Government Code is silent as
to what
body has exclusive jurisdiction over the settlement of boundary disputes between a
municipality and an independent component city of the same province, the Regional Trial
Courts have general jurisdiction to adjudicate the said controversy. (Mun. of Kananga v.
Madrona, G.R. No. 141375, April 30, 2003)
(2.) The Sangguniang Bayan of the Municipality of Santa, Ilocos Sur passed Resolution
No. 1 authorizing its Mayor to initiate a petition for the expropriation of a lot owned by
Christina as site for its municipal sports center. This was approved by the Mayor.
However, the Sangguniang Panlalawigan of Ilocos Sur disapproved the Resolution as
there might still be other available lots in Santa for a sports center. Nonetheless, the
Municipality of Santa, through its Mayor, filed a complaint for eminent domain. Christina
opposed this on the following grounds: (a) the Municipality of Santa has no power to
expropriate; (b) Resolution No. 1 has been voided since the Sangguniang Panlalawigan
disapproved it for being arbitrary; and (c) the Municipality of Santa has other and better
lots for that purpose. Resolve the case with reasons. (5%)
10

SUGGESTED ANSWERS:
a) Under Section 19 of R.A. No. 7160, the power of eminent domain is explicitly granted
to the municipality, but must be exercised through an ordinance rather than through a
resolution. (Municipality ofParanaque v. V.M. Realty Corp., G.R. No. 127820, July 20,
1998)
b) The Sangguniang Panlalawigan of Ilocos Sur was without the authority to disapprove
Resolution No. 1 as the municipality clearly has the power to exercise the right of
eminent domain and its Sangguniang Bayan the capacity to promulgate said resolution.
The only ground upon which a provincial board may declare any municipal resolution,
ordinance or order invalid is when such resolution, ordinance or order is beyond the
powers conferred upon the council or president making the same. Such is not the
situation in this case. (Moday v. Court of Appeals, G.R. No. 107916, February 20, 1997)
c) The question of whether there is genuine necessity for the expropriation of Christina's
lot or whether the municipality has other and better lots for the purpose is a matter that
will have to be resolved by the Court upon presentation of evidence by the parties to the
case.
Law Fixing The Terms Of Local Elective Officials (Q4-2006)
State whether or not the law is constitutional. Explain briefly.
A law fixing the terms of local elective officials, other than barangay officials, to 6 years.
(2%)
SUGGESTED ANSWER:
The law is invalid. Under Article X, Section 8 of the 1987 Constitution, "the term of
office of elective local officials, except barangay officials, which shall be determined by
law, shall be three years and no such official shall serve for more than three consecutive
terms." The law clearly goes against the aforesaid constitutional requirement of three year
terms for local officials except for barangay officials.
Exploration, Development, and Utilization Of Natural Resources (Q4-2006)
State whether or not the law is constitutional. Explain briefly.
5. A law creating a state corporation to exploit, develop, and utilize compressed natural
gas. (2%)
SUGGESTED ANSWER:
The law is valid as under Article XII, Section 2 of the 1987 Constitution, the exploration,
development, and utilization of natural resources shall be under the full control and
supervision of the State. It is also provided that the State may directly undertake such
activities or it may enter into co-production, joint venture or sharing agreements with
Filipino citizens or corporations or associations, at least 60% Filipino-owned.
Furthermore, the President may enter into agreements with foreign-owned corporations
involving technical or financial assistance for large-scale exploration, development, and
utilization of minerals, petroleum and other mineral oils, according to terms and
conditions provided by law. A state corporation, unlike a private corporation, may be
created by special law and placed under the control of the President, subject to such
conditions as the creating statute may provide.
Internal Revenue Allotment Fund (2007)
No. VIII. The Provincial Governor of Bataan requested the Department of Budget and
Management (DBM) to release its Internal Revenue Allocation (IRA) of P100 million for
the current budget year. However, the General Appropriations Act provided that the IRA
may be released only if the province meets certain conditions as determined by an
Oversight Council created by the President. (a) Is this requirement valid?
11

SUGGESTED ANSWER:
No, this requirement is not valid. Under the 1987 Constitution, it is provided that local
government units shall have a just share, as determined by law, in the national taxes
which shall be automatically released to them. As held in the case of Alternative Center
for Organizational Reforms and Development, et.al. v. Zamora, G.R. No. 144256 (June
08, 2005)Local fiscal autonomy is the automatic release of the shares of LGUs in the
national internal revenue. The Local Government Code specifies further that the release
shall be made directly to the LGU concerned within five (5) days after every quarter of
the year and shall not be subject to any lien or holdback that may be imposed by the
national government for whatever purpose.
(b) The Provincial Governor is a party-mate of the President. May the Bataan
Representative instead file a petition to compel the DBM to release the funds?
SUGGESTED ANSWER:
Yes. A congressman from a particular LGU may validly have standing to demand that
IRA for his province be released in accordance with the Constitution and the Local
Government Code. As a representative of his province, he has a responsibility towards his
constituencies who can expect no less than faithful compliance with the Constitution.
Moreover, the issue presented could be characterized as involving transcendental
importance to the people and the local government units which had been guaranteed
greater local autonomy. Municipal Corporation;
Right to Assembly; Permit (2007)
No.VII. Batas Pambansa 880, the Public Assembly Law of 1985, regulates the conduct of
all protest rallies in the Philippines. (a) Salakay, Bayan! held a protest rally and planned
to march from Quezon City to Luneta in Manila. They received a permit from the Mayor
of Quezon City, but not from the Mayor of Manila. They were able to march in Quezon
City and up to the boundary separating it from the City of Manila. Three meters after
crossing the boundary, the Manila Police stopped them for posing a danger to public
safety. Was this a valid exercise of police power?
SUGGESTED ANSWER:
Yes, the authorities are given the power to stop marchers who do not possess a permit.
However, mere exercise of the right to peaceably assemble is not considered as a danger
to public safety. They could have been asked to disperse peacefully, but it should not
altogether be characterized as posing a danger to public 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 reached three meters beyond the
boundary of Quezon City, the police authorities in Manila should not have stopped them,
as there was no clear and present danger to public order. In accordance with the policy of
maximum tolerance, the police authorities should have asked the protesters to disperse
and if they refused, the public assembly may be dispersed peacefully.
ALTERNATIVE ANSWER:
No, this is not a valid exercise of police power. Police power has been defined as the
power of promoting public welfare by restraining and regulating the use of liberty and
property. (City of Manila v. Laguio, G.R. No. 118127, April 12, 2005). It is principally
the Legislature that exercises the power but it may be delegated to the President and
administrative agencies. Local government units exercise the power under the general
welfare clause. In this case, if Salakay applied for a permit from the city government, the
12

application must be approved or denied within two (2) working days from the date it was
filed, failing which, the permit shall be deemed granted. (Section 16, B.P. Blg. 880). Even
without a permit, the law does not provide for outright stopping of the march if the
demonstrators, for example, were marching peacefully without impeding traffic.
(b) The security police of the Southern Luzon Expressway spotted a caravan of 20
vehicles, with paper banners taped on their sides and protesting graft and corruption in
government. They were driving at 50 kilometers per hour in a 40-90 kilometers per hour
zone. Some banners had been blown off by the wind, and posed a hazard to other
motorists. They were stopped by the security police. The protesters then proceeded to
march instead, sandwiched between the caravan vehicles. They were also stopped by the
security force. May the security police validly stop the vehicles and the marchers?
SUGGESTED ANSWER:
Yes, the security police may stop the vehicles and the marchers but only to advise the
leaders to secure their banners so that it will not pose a hazard to others. They may not be
prevented from heading to their destination. The marchers may also be ordered to ride the
vehicles so as not to inconvenience other uses of the Expressway.
ALTERNATIVE ANSWER:
Yes. While the protesters possess the right to freely express themselves, their actuations
may pose a safety risk to other motorists and therefore be the subject of regulation. The
security police may undertake measures to prevent any hazard to other motorists but not
altogether prevent the exercise of the right. So, to that extent, while the protesters maybe
asked to remove the banners which pose hazard to other motorists and prevent them from
using the expressway as a venue for their march, the security force may not prevent them
from proceeding to where they might want to go.
ALTERNATIVE ANSWER:
In accordance with the policy of maximum tolerance, the security policy should not have
stopped the protesters. They should have simply asked the protesters to take adequate
steps to prevent their banners from being blown off, such as rolling them up while they
were in the expressway and required the protesters to board their vehicles and proceed on
their way.
Human Rights; Civil and Political Rights (2007)
No. II. The City Mayor issues an Executive Order declaring that the city promotes
responsible parenthood and upholds natural family planning. He prohibits all hospitals
operated by the city from prescribing the use of artificial methods of contraception,
including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor
women in his city lost their access to affordable family planning programs. Private
clinics, however, continue to render family planning counsel and devices to paying
clients. (b) Is the Philippines in breach of any obligation under international law?
Explain.
SUGGESTED ANSWER:
The acts of the City Mayor may be attributed to the Philippines under the principle of
state responsibility Article 26 of the International Covenant on Civil and Political rights
requires that Philippine law shall prohibit any discrimination and shall guarantee to all
persons equal and effective protection against discrimination on any ground such as
social origin, birth or other status. The Executive Order of the City Mayor discriminates
against poor women.
Equal Protection; Responsible Parenthood (2007)
13

No.II. The City Mayor issues an Executive Order declaring that the city promotes
responsible parenthood and upholds natural family planning. He prohibits all hospitals
operated by the city from prescribing the use of artificial methods of contraception,
including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor
women in his city lost their access to affordable family planning programs. Private
clinics, however, continue to render family planning counsel and devices to paying
clients. (a) Is the Executive Order in any way constitutionally infirm? Explain.
SUGGESTED ANSWER:
The Executive Order is constitutionally infirm. Under the 1987 Constitution, the State
shall defend the right of spouses to establish a family in accordance with their religious
convictions and the demands of responsible parenthood. (Art. XV, Sec. 3[1]). By
upholding natural family planning and prohibiting city hospitals from prescribing
artificial methods of contraception, the Mayor is imposing his religious beliefs on
spouses who rely on the services of city hospitals. This clearly violates the above section
of the Constitution. Moreover, the 1987 Constitution states that no person shall be denied
the equal protection of the laws. (Art. III, Sec. 1). The Constitution also provides that the
state shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide
adequate social services, promote full employment, a rising standard of living and an
improved quality of life for all. (Art. II, Section 9). The loss of access of poor city women
to family planning programs is discriminatory and creates suspect classification. It also
goes against the demands of social justice as enshrined in the immediately preceding
provision.
ALTERNATIVE ANSWER:
The Executive Order is constitutionally infirm. It constitutes an invalid exercise of police
power and violates substantive due process by depriving people of the means to control
their reproductive processes. Moreover, since the national government has not outlawed
the use of artificial methods of contraception, then it would be against national policies.
In addition, the Mayor cannot issue such Executive Order without an underlying
ordinance. (Moday v, Court of Appeals, G.R. No. 107916, February 20, 1997) Besides,
the action of the Mayor may be in violation of a persons right to privacy.
ALTERNATIVE ANSWER: The executive order is constitutionally infirm. It violates
Section 3(1), Article XV of the 1987 Constitution, which recognizes the right of the
spouses to found a family in accordance with the demands of responsible parenthood
which includes the artificial method.
ALTERNATIVE ANSWER:
The Executive order is constitutionally infirm. When Section 12, Article II of the 1987
Constitution provides that the State shall equally protect the life of the mother and the life
of the unborn from conception, it is prohibiting abortion only and not the use of artificial
contraceptives (Record of the Constitutional Commission, Vol. IV. Pp.683, 711 and 760).
(c) May the Commission on Human Rights order the Mayor to stop the implementation
of the Executive Order? Explain.
SUGGESTED ANSWER:
No, the power of the Commission on Human Rights (CHR) is limited to fact-finding
investigations. Thus, it cannot issue an order to desist against the mayor, inasmuch as
the order prescinds from an adjudicatory power that CHR does not possess. (Simon v.
Commission on Human Rights, G.R. No. 100150, January 5, 1994; Cario v.
Commission on Human Rights, G.R. No. 96681, December 2, 1991.)
14

Vacancy: Sangguniang Panlalawigan (2008)

No XI. On august 8, 2008, the Governor of Bohol died and Vice-Governor Cesar
succeeded him by operation of law. Accordingly, Benito, the highest ranking member of
the Sangguniang Panlalawigan was elevated to the position of Vice-Governor. By the
elevation of Benito to the Office of Vice-Governor, a vacancy in the Sangguniang
Panlalawigan was created. How should the vacancy be filled?
SUGGESTED ANSWER:
The vacancy shall be filled in the following manner:
1. If Benito is affiliated with a political party, the vacancy in the Sangguiniang
Panlalawigan shall be filled by a nomination and certificate of membership of the
appointee from the highest official of the political party. (must be filled with someone
who belongs to the political party to maintain the party representation as willed by the
people in the election).
2. If Benito is not affiliated with a political party, the vacancy shall be filled by the
PRESIDENT through the executive secretary
Eminent Domain; Public Purpose (2008)
No. IV. Congress passed a law authorizing the National Housing Authority (NHA)
expropriate or acquire private property for the redevelopment of slum areas, as well as to
lease or resell the property to private developers to carry out the redevelopment plan.
Pursuant to the law, the NHA acquired all properties within a targeted badly blighted area
in San Nicolas, Manila except a well-maintained drug and convenience store that poses
no blight or health problem itself. Thereafter, NHA initiated expropriation proceedings
against the store owner who protested that his property could not be taken because it is
not residential or slum housing. He also contended that his property is being condemned
for a private purpose, not a public one, noting the NHAs sale of the entire area except his
property to a private party. If you were the judge, how would you decide the case? (6%).
SUGGESTED ANSWER:
The power of the NHA is a delegated power of eminent domain, strictly construed against
its holder and limited to the public purpose of redevelopment of slum areas. The
expropriation of a property already previously excluded for not posing a blight of health
problem lacks public purpose and exceeds the delegated power of the NHA.
ALTERNATIVE ANSWER:
The power of expropriation cannot be used to benefit private parties (Pascual vs.
Secretary, G.R. No. L-10405, Dec. 29, 1960.) In this case, the main beneficiary would be
the private realty company. The taking of private property and then transferring it to
private persons under the guise of public use is not within the power of eminent domain
(Heirs of Moreno vs. Mactan Airport, G.R. No. 156273, August 9, 2005). Eminent
Domain; Socialized Housing (2009) No.XVII. Filipinas Computer Corporation (FCC), a
local manufacturer of computers and computer parts, owns a sprawling plant in a 5,000square meter lot in Pasig City. To remedy the citys acute housing shortage, compounded
by a burgeoning population, the Sangguniang Panglungsod authorized the City Mayor to
negotiate for the purchase of the lot. The Sanggunian intends to subdivide the property
into small residential lots to be distributed at cost to qualified city residents. But FCC
refused to sell the lot. Hard pressed to find a suitable property to house its homeless
residents, the city filed a complaint for eminent domain against FCC. (a) If FCC hires
15

you as lawyer, what defense or defenses would you set up in order to resist the
expropriation of the property? Explain.
SUGGESTED ANSWER:
The following are the defenses that I will set up:
a. No prior valid and definite offer was made
b. The expropriation is for socialized housing therefore it must comply with the order of
preference of the land to be acquired and the mode of acquisition. Under the law
regarding expropriation for socialized housing, private lands is the last in line and the
expropriation proceeding is last resorted to if all other modes of acquisition has already
been exhausted.
Order of expropriation for socialized housing:
1. Government lands
2. Alienable lands of the public domain
3. Unregistered, abandoned or idle lands
4. Lands within the declared areas for priority development, zonal improvement program
sites, slum improvement and resettlement sites which have not yet been acquired
5. BLISS sites which have not yet been acquired
6. Privately owned lands
The mode of expropriation is subject to 2 conditions:
a. It shall be resorted to only when the other modes of acquisition have been exhausted;
and
b. Parcels owned by small property owners are exempt from such acquisition. Small
property owners are owners of residential lands with an area not more than 300 sq.m. in
highly urbanized cities and not more than 800 sq.m. in other urban areas; and they do not
own residential property other than the same.
(b) If the court grants the Citys prayer for expropriation, but the City delays payment of
the amount determined by the court as just compensation, can FCC recover the property
from pasig city?
SUGGESTED ANSWER:
Yes. As a general rule, non-payment of just compensation does not entitle the landowner
to recover possession of the expropriated lots. Instead legal interest on just compensation
should be paid (National Power Corporation vs.Henson, 300 SCRA 751 [1998]).
However, in cases where the government failed to pay the just compensation within 5
years from the FINALITY OF THE JUDGMENT in the expropriation proceedings, the
owners concerned shall have the right to recover ossession of their property (Republic vs.
Lim, 462 SCRA 265 [2005]).
(c) Suppose the expropriation succeeds, but the city decides to abandon its plan to
subdivide the property for residential purposes having found much bigger lot, can FCC
legally demand that it be allowed to repurchase the property from the city of Pasig? Why
or why not?
SUGGESTED ANSWER:
It depends. The property owners right to repurchase the property depends upon the
character of the title acquired by the expropriator, ie., if the land is expropriated for a
particular purpose with the condition that when that purpose is ended or abandoned, the
property shall revert to the former owner, then the former owner can re-acquire the
property (Heirs of Timoteo Moreno vs. Mactan-Cebu International Airport Authority, 413
SCRA 502 [2003]). But if there is no such condition the owner cannot repurchase
16

because the judgment in the expropriation case grants title to the lot in fee simple to the
REPUBLIC.
IMMUNITY FROM SUIT: (2009)
The Municipality of Pinatukdao is sued for damages arising from injuries
sustained by a pedestrian who was hit by a glass pane that fell from a dilapidated window
frame of the municipal hall. The municipality files a motion to dismiss the complaint,
invoking state immunity from suit. Resolve the motion with reasons. (3%).
SUGGESTED ANSWER:
State immunity as defense will not prosper because under the law, a municipal
corporation can be sued and be sued as expressly provided under the local government
code. Furthermore, under the civil code, it can also be held liable for damages for the
death of, or injury suffered by, any person by reason of the defective condition of roads,
streets, bridges, public buildings and other public works under their control or
supervision (Art. 2189). In the present case, the municipal building is under their control
and supervision, thus, no immunity from suit.
Eminent Domain; Socialized Housing (2009)
Filipinas Computer Corporation (FCC), a local manufacturer of computers and computer
parts, owns a sprawling plant in a 5,000-square meter lot in Pasig City. To remedy the
citys acute housing shortage, compounded by a burgeoning population, the Sangguniang
Panglungsod authorized the City Mayor to negotiate for the purchase of the lot. The
Sanggunian intends to subdivide the property into small residential lots to be distributed
at cost to qualified city residents. But FCC refused to sell the lot. Hard pressed to find a
suitable property to house its homeless residents, the city filed a complaint for eminent
domain against FCC.
1) If FCC hires you as lawyer, what defense or defenses would you set up in order to
resist the expropriation of the property? Explain.
SUGGESTED ANSWER:
The following are the defenses that I will set up:
a) No prior valid and definite offer was made.
b) The expropriation is for socialized housing therefore it must comply with the
order of preference of the land to be acquired and the mode of acquisition. Under
the law regarding expropriation for socialized housing, private lands is the last in
line and the expropriation proceeding is last resorted to if all other modes of
acquisition has already been exhausted.
Order of expropriation for socialized housing:
a) Government lands
b) Alienable lands of the public domain
c) Unregistered, abandoned or idle lands
d) Lands within the declared areas for priority development, zonal improvement
program sites, slum improvement and resettlement sites which have not yet been
acquired
e) BLISS sites which have not yet been acquired
f) Privately owned lands
The mode of expropriation is subject to 2 conditions:
a) It shall be resorted to only when the other modes of acquisition have been exhausted;
and
17

b) Parcels owned by small property owners are exempt from such acquisition. Small
property owners are owners of residential lands with an area not more than 300 sq.m.
in highly urbanized cities and not more than 800 sq.m. in other urban areas; and they
do not own residential property other than the same.
2) If the court grants the Citys prayer for expropriation, but the City delays payment of
the amount determined by the court as just compensation, can FCC recover the
property from pasig city?
SUGGESTED ANSWER:
Yes. As a general rule, non-payment of just compensation does not entitle the landowner
to recover possession of the expropriated lots. Instead legal interest on just compensation
should be paid (National Power Corporation vs.Henson, 300 SCRA 751 [1998]).
However, in cases where the government failed to pay the just compensation within 5
years from the FINALITY OF THE JUDGMENT in the expropriation proceedings, the
owners concerned shall have the right to recover
possession of their property (Republic vs. Lim, 462 SCRA 265 [2005]).
3) Suppose the expropriation succeeds, but the city decides to abandon its plan to
subdivide the property for residential purposes having found much bigger lot, can
FCC legally demand that it be allowed to repurchase the property from the city of
Pasig? Why or why not?
SUGGESTED ANSWER:
It depends. The property owners right to repurchase the property depends upon the
character of the title acquired by the expropriator, ie., if the land is expropriated for a
particular purpose with the condition that when that purpose is ended or abandoned, the
property shall revert to the former owner, then the former owner can re-acquire the
property (Heirs of Timoteo Moreno vs. Mactan-Cebu International Airport Authority, 413
SCRA 502 [2003]).
But if there is no such condition the owner cannot repurchase because the judgment in the
expropriation case grants title to the lot in fee simple to the REPUBLIC.
Ordinance Validity; Disapproval (2009)
The Municipality of Bulalakaw, Leyte, passed ordinance no. 1234, authorizing the
expropriation of two parcels of land situated in the poblacion as the site of a freedom
park, and appropriating the funds needed therefor. Upon review, the Sangguniang
Panlalawigan of Leyte disapproved the ordinance because the municipality has an
existing freedom park which, though smaller in size, is still suitable for the purpose, and
to pursue expropriation would be needless expenditure of the peoples money. Is the
disapproval of the ordinance correct? Explain you answer. (2%).
SUGGESTED ANSWER:
The Local Government Unit can exercise the power of eminent domain only pursuant to
an ordinance. Ordinances passed by legislative body of a municipality are subject to
review by the Sangguniang Panlalawigan (SP). The review by the SP is only to determine
whether or not the ordinance is beyond the power conferred upon the Sanguniang Bayan
(Municipality). The SP will declare the ordinance invalid if it goes beyond the power
granted to it. The power of eminent domain is granted to the Municipality and it is
within their competence to determine the necessity to expropriate private property for
public purpose. This determination is not within the review powers of the SP. Therefore,
the disapproval of the ordinance is incorrect.
18

True or False.
1. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated
by a local government unit. (0.5%)
SUGGESTED ANSWER:
TRUE. Under the Local Government Code, there must be a prior valid and definite
offer before expropriation proceeding can be initiated (Section 19, Local Government
Code).
2. Boundary disputes between and among municipalities in the same province may be
filed immediately with the Regional Trial Court. (0.5%)
SUGGESTED ANSWER:
FALSE. Should be referred for settlement to the SANGGUNIANG PANLALAWIGAN
concerned (see. Sec. 118, RA No.7160; Municipality of Sta. Fe vs. Municipality of
Artao, 533 SCRA 586 [2007]).
3. Re-classification of land by a local government unit may be done through a resolution.
(0.5%)
SUGGESTED ANSWER:
FALSE. Re-classification of land must be done through an ORDINANCE ( Section
The Metropolitan Manila Development Authority is authorized to confiscate a drivers
license in the enforcement of traffic regulations. (0.5%)
4. The MMDA is authorized to confiscate a drivers license in the enforcement of
traffic regulations.(0.5%)
SUGGESTED ANSWER:
False. Since
Development
Republic Act
of any other

Republic Act No. 7924 does not grant the Metropolitan manila
Authority to enact ordinances, the grant to it by Section 5(f) of
No. 7924 of the power to confiscate drivers license without the need
law is an authorized exercise

ALTERNATIVE ANSWER:
TRUE. The confiscation of drivers license by MMDA is part of its executive function
to enforce the law.
5. a.) Define/explain the following:
b.) Doctrine of operative facts (1%)
c.) De facto municipal corporation (1%)
d.) Municipal corporation by estoppel (1%)
e.) Doctrine of necessary implication (1%)
f.) Principle of holdover (1%)
SUGGESTED ANSWERS:
a.) De facto municipal corporation is a public corporation that exists although it has
not complied with the statutory requirements like:
1. Authorization by a valid law
19

2. A colorable and bona fide attempt to organize under a valid law

3. An assumption of powers conferred under the law
4. It primarily attends to the needs of the general welfare.
b.) DOCTRINE OF OPERATIVE FACTS
The general rule is that an unconstitutional law is void. It produces no rights, imposes
no duties and affords no protection. However, the doctrine of operative fact is an
exception to the general rule and it only applies as a matter of equity and fair play.
Under the doctrine of operative fact, the unconstitutional law remains unconstitutional,
but the effects of the unconstitutional law, prior to its judicial declaration of nullity,
may be left undisturbed as a matter of equity and fair play. It can never be
invoked to validate as constitutional an unconstitutional act.
c.) DOCTRINE OF NECESSARY IMPLICATION provides that every statute is
understood, by implication, to contain all such provisions as may be necessary to
effectuate its object and purpose, or to make effective rights, powers, privileges or
jurisdiction which it grants, including all such collateral and subsidiary consequences
as may be fairly and logically inferred from its terms. Ex necessitate legis. (PepsiCola Products Philippines, Inc. v. Secretary of Labor, 312 SCRA 104, 117 [1999]).
d.) Municipal corporation by estoppels
A municipal corporation by estoppels is a corporation which is so defectively
formed as not to be a de facto corporation but is considered a corporation in
relation to someone who dealt with it and acquiesced in its exercise of its
corporate functions or entered into a contract with it. (Martin,Public Corporations,
1985 ed.,p.20)
6.) ABC operates an industrial waste processing plant within Laoag City. Occasionally,
whenever fluid substances are released through a nearby creek, obnoxious odor is emitted
causing dizziness among residents in Barangay La Paz. On complaint of the Punong
Barangay, the City Mayor wrote ABC demanding that it abate the nuisance. This was
ignored. An invitation to attend a hearing called by the Sangguniang Panlungsod was also
declined by the president of ABC. The city government thereupon issued a cease and
desist order to stop the operations of the plant, prompting ABC to file a petition for
injunction before the Regional Trial Court, arguing that the city government did not have
any power to abate the alleged nuisance. Decide with reasons. (3%)
SUGGESTED ANSWER:
The city government has no power to stop the operations of the plant. Since its
operations is not a nuisance per se, the city government cannot abate it
extrajudicially. A suit must be filed in court. (AC Enterprises, Inc. vs. Frabelle
Properties Corporation, 506 SCRA 625 [2006]).
ALTERNATIVE ANSWER:
Petition will not prosper. The obnoxious odor emitted from the processing plant is
a nuisance per se which can be summarily abated by the city government. Even if
we consider it a nuisance per accidens, the cease and desist order to stop the
operations of the plant is still valid because there had been compliance with due
process, that is, the opportunity to be heard has been given.
The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub
owners to have all their hospitality girls tested for the AIDS virus. Both disco pub owners
and the hospitality girls assailed the validity of the ordinance for being violative of their
constitutional rights to privacy and to freely choose a calling or business. Is the ordinance
valid? Explain.
20

SUGGESTED ANSWER:
The ordinance is a valid exercise of police power. The right to privacy yields to
certain paramount rights of the public and defers to the exercise of police power. The
ordinance is not prohibiting the disco pub owners and the hospitality girls from
pursuing their calling or business but is merely regulating it. (Social Justice Society
vs. Dangerous Drugs Board, 570 SCRA 410 [2008]). This ordinance is a valid exercise
of police power, because its purpose is to safeguard public health. (Beltran vs.
Secretary of Health, 476 SCRA 168
ALTERNATIVE ANSWER:
Jurisprudence dictates that an ordinance to be a valid exercise of police power it:
1. Must not contravene the constitution;
2. Must not be unfair nor oppressive;
3. Must be reasonable;
4. Must not prohibit what is allowed but may regulate;
5. Must be applicable within its territorial jurisdiction or limits
6. Must be general in application and consistent with public policy
7. And that the interest of the general public requires the interference and that the
means employed is reasonably necessary for the accomplishment of its purpose
Under the present case, the objective of the ordinance is to secure the health and
safety of its populace. AIDS is an incurable disease that is very harmful to the health.
However, how good the intention is the exercise of police power is not absolute. The
interference has to be lawful which is absent in the present case.
Control Power (2009)
No.XI.c. The President exercises the power of control over all executive departments and
agencies, including government-owned or controlled corporations
SUGGESTED ANSWER:
TRUE. The president exercises the power of control over all executive departments and
agencies, including government-owned or controlled corporations with or without
original charters. But the President does not have the power of control over LGUs (Cruz
vs. Secretary of Environment and Natural Resources, 347 SCRA 128 [2000]; National
Marketing Corporation vs. Arca, 29 SCRA 648 [1969]).
ARTICLE X Local Government Boundary Dispute Resolution; LGU; RTC (2010)
No.XIII.c. Boundary disputes between and among municipalities in the same province
may be filed immediate with the RTC
SUGGESTED ANSWER:
FALSE. Should be referred for settlement to the SANGGUNIANG PANLALAWIGAN
concerned (see. Sec. 118, RA No.7160; Municipality of Sta. Fe vs. Municipality of Artao,
533 SCRA 586 [2007]).
Confiscation of Drivers License; MMDA (2010)
No.XIII.d. The MMDA is authorized to confiscate a drivers license in the enforcement
of traffic regulations.(0.5%)
SUGGESTED ANSWER:
21

False. Since Republic Act No. 7924 does not grant the Metropolitan manila Development
Authority to enact ordinances, the grant to it by Section 5(f) of Republic Act No. 7924 of
the power to confiscate drivers license without the need of any other law is an authorized
exercise
ALTERNATIVE ANSWER:
TRUE. The confiscation of drivers license by MMDA is part of its executive function to
enforce the law.
Ordinance Validity; Regulation of Disco Pubs (2010)
No. XXI The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all
disco pub owners to have all their hospitality girls tested for the AIDS virus. Both disco
pub owners and the hosptitality girls assailed the validity of the ordinance for being
violative of their constitutional rights to privacy and to freely choose a calling or
business. Is the ordinance valid? Explain.
SUGGESTED ANSWER:
The ordinance is a valid exercise of police power. The right to privacy yields to certain
paramount rights of the public and defers to the exercise of police power. The ordinance
is not prohibiting the disco pub owners and the hospitality girls from pursuing their
calling or business but is merely regulating it. (Social Justice Society vs. Dangerous
Drugs Board, 570 SCRA 410 [2008]). This ordinance is a valid exercise of police power,
because its purpose is to safeguard public health. (Beltran vs. Secretary of Health, 476
SCRA 168 [2005]).
ALTERNATIVE ANSWER:
Jurisprudence dictates that an ordinance to be a valid exercise of police power it:
1. Must not contravene the constitution;
2. Must not be unfair nor oppressive;
3. Must be reasonable;
4. Must not prohibit what is allowed but may regulate;
5. Must be applicable within its territorial jurisdiction or limits
6. Must be general in application and consistent with public policy
7. And that the interest of the general public requires the interference and that the means
employed is reasonably necessary for the accomplishment of its purpose Under the
present case, the objective of the ordinance is to secure the health and safety of its
populace. AIDS is an incurable disease that is very harmful to the health. However, how
good the intention is the exercise of police power is not absolute. The interference has to
be lawful which is absent in the present case.
Reclassification of Land (2010)
No.XIII.b. Re-classification of land by a local government unit may be done through a
resolution.
SUGGESTED ANSWER:
FALSE. Re-classification of land must be done through an ORDINANCE ( Section 2,
Local Government Code; Department of Agrarian Reform vs. Polo Coconut Plantation
Company, Inc., 564 SCRA 78[2008]).
Eminent Domain; Valid and Definite Offer (2010)

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No. XIII. a. A valid and definite offer to buy a property is a pre-requisite to expropriation
initiated by a local government unit.
SUGGESTED ANSWER:
TRUE. Under the Local Government Code, there must be a prior valid and definite offer
before expropriation proceeding can be initiated (Section 19, Local Government Code).
Police Power; Abatement of Nuisance (2010)
No. XIV. ABC operates an industrial waste processing plant within Laoag City.
Occasionally, whenever fluid substances are released through a nearby creek, obnoxious
odor is emitted causing dizziness among residents in Barangay La Paz. On complaint of
the Punong Barangay, the City Mayor wrote ABC demanding that it abate the nuisance.
This was ignored. An invitation to attend a hearing called by the Sangguniang
Panlungsod was also declined by the president of ABC. The city government thereupon
issued a cease and desist order to stop the operations of plant, prompting ABC to file a
petition for injunction before the RTC, arguing that the city government did not have any
power to abate the alleged nuisance. Decide with reasons.(3%)
SUGGESTED ANSWER:
The city government has no power to stop the operations of the plant. Since its operations
is not a nuisance per se, the city government cannot abate it extrajudicially. A suit must be
filed in court. (AC Enterprises, Inc. vs. Frabelle Properties Corporation, 506 SCRA 625
[2006]).
ALTERNATIVE ANSWER:
Petition will not prosper. The obnoxious odor emitted from the processing plant is a
nuisance per se which can be summarily abated by the city government. Even if we
consider it a nuisance per accidens, the cease and desist order to stop the operations of the
plant is still valid because there had been compliance with due process, that is, the
opportunity to be heard has been given.
Vacancy: Succession; Recall (2010)
No. XXII. Governor Diy was serving his third term when he lost his governorship in a
recall election. (a) Who shall succeed Governor Diy in his office as Governor?
SUGGESTED ANSWER:
The candidate who received the highest number of votes in the recall will succeed
Governor Diy (Section 72 of the Local Government Code).
(b) Can Governor Diy run again as governor in the next election?
SUGGESTED ANSWER:
Yes, because recall election is an interruption of the consecutiveness of the term of office
it cannot be counted. A recall election is a mid-way election and the term is not
completed when one is conducted. The third term of Governor Diy should not be
included in computing the the=ree-term limit. (Lonzanida vs. Commission on Elections,
311 SCRA 602 [1999]).
(c) Can Governor Diy refuse to run in the recall election and instead resign from his
position as governor?
SUGGESTED ANSWER:
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Governor Diy cannot refuse to run in the recall election. He is automatically considered
as a duly registered candidate. (Section 71, Local Government Code).
ALTERNATIVE ANSWER:
YES, Governor Diy is not compelled to run in a recall election. Recall election is called
because the electorate has lost confidence to the elective official. He may instead resign
from his position.
De facto vs. Estoppel (2010)
No.XX Define/Explain(b) De facto municipal corporation
SUGGESTED ANSWER:
DE FACTO MUNICIPAL CORPORATION De facto municipal corporation is a public
corporation that exists although it has not complied with the statutory requirements like:
a. Authorization by a valid law
b. A colorable and bona fide attempt to organize under a valid law
c. An assumption of powers conferred under the law It primarily attends to the needs of
the general welfare.
(c) Municipal corporation by estoppels
SUGGESTED ANSWER:
MUNICIPAL CORPORATION BY ESTOPPELS- A municipal corporation by estoppels
is a corporation which is so defectively formed as not to be a de facto corporation but is
considered a corporation in relation to someone who dealt with it and acquiesced in its
exercise of its corporate functions or entered into a contract with it. (Martin, Public
Corporations, 1985 ed.,p.20)
MCQ 2011
I.

The city government filed a complaint for expropriation of 10 lots to build a

recreational complex for the members of the homeowners' association of Sitio Sto.
Tomas, the most populated residential compound in the city. The lot owners
challenged the purpose of the expropriation. Does the expropriation have a valid
purpose?
a)
b)
c)
d)

II.

No, because not everybody uses a recreational complex

No, because it intends to benefit a private organization.
Yes, it is in accord with the general welfare clause.
Yes, it serves the well-being of the local residents.

Governor Paloma was administratively charged with abuse of authority before the
Office of the President. Pending hearing, he ran for reelection and won a second term.
He then moved to dismiss the charge against him based on this supervening event.
Should the motion be granted?
a) Yes, Governor Paloma's reelection is an expression of the electorate's obedience
to his will.
b) No, Governor Paloma's reelection cannot extinguish his liability for malfeasance
in office.
c) No, Governor Paloma's reelection does not render moot the administrative case
already pending when he filed his certificate of candidacy for his reelection bid.
d) Yes, Governor Paloma's reelection is an expression of the electorate's
restored trust.
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III.

The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic
enforcers to impound illegally parked vehicles, for the first offense, and confiscate
their registration plates for the second. The MMDA issued this rule to implement a
law that authorized it to suspend the licenses of drivers who violate traffic rules. Is the
MMDA rule valid?
a)
b)
c)
d)

IV.

No, since the MMDA does not have rule-making power.

Yes, it is a valid exercise of the power of subordinate legislation.
Yes, it is an implicit consequence of the law upon which it acted.
No, the rule goes beyond the sphere of the law.

Alfredo was elected municipal mayor for 3 consecutive terms. During his third term,
the municipality became a city. Alfredo ran for city mayor during the next
immediately succeeding election. Voltaire sought his disqualification citing the 3 term
limit for elective officials. Will Voltaire's action prosper?
a) No, the 3 term limit should not apply to a person who is running for a new
position title.
b) Yes, the 3 term limit applies regardless of any voluntary or involuntary
interruption in the service of the local elective official.
c) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city
or municipality.
d) No, the 3 term limit should not apply to a local government unit that has assumed
a different corporate existence.

V.

An ordinance prohibits "notorious street gang members" from loitering in public

places. The police are to disperse them or, if they refuse, place them under arrest. The
ordinance enumerates which police officers can make arrest and defines street gangs,
membership in them, and public areas. The ordinance was challenged for being vague
regarding the meaning "notorious street gang members." Is the ordinance valid?
a) No, it leaves the public uncertain as to what conduct it prohibits.
b) No, since it discriminates between loitering in public places and loitering in
private places.
c) Yes, it provides fair warning to gang members prior to arrest regarding their
unlawful conduct.
d) Yes, it is sufficiently clear for the public to know what acts it prohibits.

VI.

Adela served as Mayor of Kasim for 2 consecutive terms. On her third term,
COMELEC ousted her in an election protest that Gudi, her opponent, filed against
her. Two years later, Gudi faced recall proceedings and Adela ran in the recall election
against him. Adela won and served as Mayor for Gudi's remaining term. Can Adela
run again for Mayor in the next succeeding election without violating the 3 term
limit?
a) No, she won the regular mayoralty election for two consecutive terms and the
recall election constitutes her third term.
b) A. No, she already won the mayoralty election for 3 consecutive terms.
c) Yes, her ouster from office in her third term interrupted the continuity of her
service as mayor.
d) Yes, the fresh mandate given her during the recall election erased her
disqualification for a third term.

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VII.

A collision occurred involving a passenger jeepney driven by Leonardo, a cargo truck

driven by Joseph, and a dump truck driven by Lauro but owned by the City of Cebu.
Lauro was on his way to get a load of sand for the repair of the road along Fuente
Street, Cebu City. As a result of the collision, 3 passengers of the jeepney died. Their
families filed a complaint for damages against Joseph who in turn filed a third party
complaint against the City of Cebu and Lauro. Is the City of Cebu liable for the tort
committed by its employee?
a) The City of Cebu is not liable because its employee was engaged in the
discharge of a governmental function.
b) The City of Cebu is liable for the tort committed by its employee while in the
discharge of a non-governmental function.
c) The City of Cebu is liable in accord with the precept of respondeat superior.
d) The City of Cebu is not liable as a consequence of its non-suitability.

VIII.

Anton was the duly elected Mayor of Tunawi in the local elections of 2004. He got
51% of all the votes cast. Fourteen months later, Victoria, who also ran for mayor,
filed with the Local Election Registrar, a petition for recall against Anton. The
COMELEC approved the petition and set a date for its signing by other qualified
voters in order to garner at least 25% of the total number of registered voters or total
number of those who actually voted during the local election in 2005, whichever is
lower. Anton attacked the COMELEC resolution for being invalid. Do you agree with
Anton?
a) No, the petition, though initiated by just one person, may be ratified by at least
25% of the total number of registered voters.
b) No, the petition, though initiated by just one person may be ratified by at least
25% of those who actually voted during the 2004 local elections.
c) Yes, the petition should be initiated by at least 25% of the total number of
registered voters who actually voted during the 2004 local elections.
d) Yes,the petition should be initiated by at least 25% of the total number of
registered voters of Tunawi.
MCQ 2012

IX.

The Gangnam Styles Witnesses (whose tenets are derogatory to the Catholic
Church), applied for a permit to use the public plaza and kiosk to hold their religious
meeting on the occasion of their founding anniversary. Mayor Lebron allowed them
to use the northwestern part of the plaza but not the kiosk (which is a few meters
away from the Catholic church). Members of the Gangnam Style Witnesses claim that
the act of Mayor Lebron is a violation of their freedom of assembly and religion. Is
this correct?
a) No, because this is valid exercise of police power;
b) Yes, because the plaza being of public use can be used by anybody regardless of
religious belief;
c) No, because historical experience shows that peace and order may be disturbed
whenever two opposing religious groups or beliefs expound their dogmas;
d) Yes, because there is no clear and present danger in holding a religious
meeting by another religious group near a catholic church.

X.

In a unitary system of government, such as the government under the Philippine

Constitution, local government can only be:
a) an imperuim in imperio;
b) an infa-sovereign subdivision;
c) a sovereign nation;
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d) a sovereign entity.
MCQ 2013
XI.

May the power of cities to raise revenues be limited by an executive order of the
President?
a) Yes, because local government units are under the administrative control of the
President through the Department of Interior and Local Government.
b) No, because local government units now enjoy full local fiscal autonomy.
c) No, because only limitations established by Congress can define and limit the
powers of local governments.
d) Yes, because the President has the power and authority to impose reasonable
restrictions on the power of cities to raise revenues.
e) Yes, if so provided in a city's charter.

2014
From an existing province, Wideland, Congress created a new province, Hundred Isles,
consisting of several islands, with an aggregate area of 500 square kilometres. The law
creating Hundred Isles was duly approved in a plebiscite called for that purpose. Juan, a
taxpayer and a resident of Wideland, assailed the creation of Hundred Isles claiming that
it did not comply with the area requirement as set out in the Local Government Code, i.e.,
an area of at least 2,000 square kilometres. The proponents justified the creation,
however, pointing out that the Rules and Regulations Implementing the Local
Government Code states that "the land area requirement shall not apply where the
proposed province is composed of one or more island." Accordingly, since the new
province consists of several islands, the area requirement need not be satisfied. How
tenable is the position of the proponents?
SUGGESTED ANSWER:
The position of the proponents are tenable in as much as the LGC-IRR particularly
Article 9, paragraph 2 thereof is stated in a very clear manner which left no room for
interpretation.That the land area requirement shall not apply where the proposed province
is composed of one of more island, in order to justify the creation of the Hundred Isles, is,
no doubt, the appropriate law to be applied in this case. Hence, pursuant to the doctrine
that when the law is clear, the courts are left with no other task but to apply it, the
position of the proponents is not merely convincing but is conclusive.
SUGGESTED ANSWER:
The position of the proponents are tenanble. In Navarro vs. Executive Secretary (G.R. no.
180050, April 12, 2011), the provision in Article 9(2) of the Rules and Regulations
Implementing the Local Government Code of 1991 stating, The land area requirement
shall not apply where the proposed province is composed of one (1) or more islands,
was declared VALID and CONSTITUTIONAL. Since the new province of Hudred Isles
is composed of several islands, the exemption to the land area requirement as provided by
Article 9 (2) of the LGC-IRR applies. Therefore, the province of Hundred Isles was
validly created.

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REFERENCES:
http://www.scribd.com/doc/37228047
http://www.academia.edu/8847735/20072013_BAR_EXAM_SUGGESTED_ANSWER?
login=jobeeta.nineteen@yahoo.com.ph&email_was_taken=true
www.batasnatin.com.ph/barexamquestions

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