POLI

COVERAGE: CONSTI 1

1. Petitioner questioned the constitutionality of Sec. 18.5 of the Overseas

Absentee Voting Act, which authorized the Commission on Elections to order the proclamation of winning candidates even if a scheduled election did not take place in a particular country, insofar as it includes the candidates for president and vice president. Decide.

a. It is unconstitutional. COMELEC although empowered to enforce election

laws, cannot undermine the duties exclusive to Congress, as provided in Art. VI, Sec. 28 (2)

b. It is Constitutional. COMELEC is a constitutional body, which has the

exclusive power of enforcing and administering all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall as provided in Art. IX, Sec. 2(1). c. It is unconstitutional, being repugnant to Art. VII, Sec.4. It totally disregards the authority given to Congress by the Constitution to proclaim the winning candidate for the positions of president and vice-president.

d. It is constitutional. COMELEC has the power to decide, except those

involving the right to vote, all questions affecting elections as provided in Art. IX, Sec. 2 (3) e. None of the Above. ANSWER (C) ACCORDING TO THE CASE OF MACALINTAL v. COMELEC 405 SCRA 614

2. Cabinet members may hold two other offices in government a. Yes if the two branches are unrelated
b. No it is unconstitutional Yes if both have the same function

c.

d. No if they are not related to one another e.

Yes if the two branches are related

ANSWER (C) ACCORDING to Article 7 Section 13 3. The President appointed 2 judges on March 12, 1998. This was within 60 days of the presidential elections on May 11, 1996. Is this a valid appointment? a. No. Art. VII, Sec. 15 of the Constitution deprives the President of his appointing power 2 mos. immediately preceding the next presidential election up to the end of his term. b. Yes. Art. VIII of the Constitution prescribes a time limitation within which vacancies in the Judiciary should be filled up to avoid delay in the disposition of cases.

c. Yes. The Supreme Court has decided that when it allowed PGMA to appoint Justice Corona. d. Both b and c e. None of the above. ANSWER (B) ACCORDING TO THE CASE OF IN RE: APPOINTMENT OF VALENZUELA 298 SCRA 408

4. Accused X, was convicted of murder and arson by the trial court. He appealed.
During the pendency of his appeal, he was given a conditional pardon. Decide. a. Under Art.VII, Sec.19 of the Constitution, pardon may be granted only after conviction by final judgment. Before an appellant may be granted pardon, he must first ask for the withdrawal of his appeal. b. Under Art. VII, Sec. 20 of the Constitution, pardon may be granted only after conviction by final judgment. Before an appellant may be granted pardon, he must first ask for the withdrawal of his appeal. c. Under Art. III of the Constitution, pardon may be granted only after conviction by final judgment. Before an appellant may be granted pardon, he must first ask for the withdrawal of his appeal. d. Under Art. VIII, Sec. 20 of the Constitution, pardon may be granted only after conviction by final judgment. Before an appellant may be granted pardon, he must first ask for the withdrawal of his appeal. e. None of the above. ANSWER (A) ACCORDING TO THE CASE OF PEOPLE v. SALLE, 250 SCRA 581. Also PEOPLE v. BACANG, 260 SCRA 44.

5. Respondent, a law graduate, was appointed deputy register of deeds (RD). EO

No. 649 abolished all positions in the Land Registration Commission and established the National Land Titles and Deeds Registration Authority. It also required membership in the bar as a qualification for deputy registers of deeds. Respondent was given a temporary appointment as deputy RD, but the appointment was not renewed. The Civil Service Commission ordered his reinstatement.

a. EO No. 649 is inapplicable, hence Respondents reinstatement is valid

because he was already holding the position of deputy RD. b. EO No. 649 abolished all positions in the Land Registration Commission. It is valid, being authorized by Art.XVII of the 1973 Constitution. c. The requirement of membership in the bar was imposed arbitrarily and creates a discrimination against other qualified individuals. d. EO No. 649 abolished all positions in the Land Registration Commission. It is valid, being authorized by Art.XVII of the 1973 Constitution. The requirement of membership in the bar was imposed to meet the changing

circumstances and new developments of the times. Respondent did not meet such requirement, thus he cannot be appointed as deputy RD. e. None of the above. ANSWER (D) ACCORDING TO THE CASE OF NATIONAL LAND TITLES AND DEEDS REGISTRATION ADMINISTRATION v. CIVIL SERVICE COMMISSION, 221 SCRA 145